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HomeMy WebLinkAbout2010-05-26Mayor Tammy de Weerd City Council Members: E IDIAN Keith Bird Brad Hoaglun IDAHO Charles Rountree David Zaremba NOTICE OF CANCELLATION OF SPECIAL MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Special Pre -Council Meeting of the Meridian City Council for Wednesday, May 26, 2010 at 6:00 P.M. has been CANCELLED If you have any questions, please contact the City Clerk's Office at 208-888 4433. Thank you. DATED this 25th day of May, 2010. YCEV HOLMAN — CITY C Meridian City Council Special Meeting cancellation — May 26, 2010 All materials presented at the 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. EIDIAN'*%-IZ IDA / NOTICE OF SPECIAL PRE -COUNCIL MEETING OF THE MERIDIAN CITY COUNCIL Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting in the City Council Chambers at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Wednesday, May 26, 2010 at 6:00 p.m. The following item will be the topic of discussion: Executive Session per Idaho State Code 67-2345(1)(f) — To Consider and Advise Its Legal Representatives in Pending Litigation DATED this 21 st day of May, 2010. .�`�y `4F„�' MER/p�9'%,�� JAYCE OLMAN — CI CLERK EAL �cr O it Meridian City Council Special Meeting — May 04, 2010 All materials presented at the 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 CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Wednesday, May 26, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda 3. Executive Session per Idaho State Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation Meridian City Council Special Pre -Council Meeting Agenda — May 26, 2010 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 3 PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (�irE I D I A I DAHO NOTICE OF CANCELLATION OF THE REGULARLY SCHEDULED MEETING OF THE MERIDIAN CITY COUNCIL Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the Meridian City Council for Tuesday, May 25, 2010 at 7:00 p.m. has been CANCELLED due to the Primary Elections All Items will be rescheduled to the Special Meeting on Wednesday, May 26, 2010 at 7:00 p.m. If you have any questions, please contact the City Clerk's Office at 208-888 4433. Thank you. O DATED this 19th day of May, 2010. �_14 V � (, RRp0 `I c Meridian City Council Meeting Cancellation — May 25, 2010 All materials presented at the 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. NOTICE OF SPECIAL MEETING OF THE MERIDIAN CITY COUNCIL Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting in the City Council Chambers at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Wednesday, May 26, 2010 at 7:00 P.M. DATED this 21St day of May, 2010. JAYCEE 0 OF IF SEEM = LMAN — CITY CLERK °'� p •���'Q9�T 15'� Q� `; .` AUNTY • �,,•``� Meridian City Council Special Meeting — May 04, 2010 All materials presented at the 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 CITY COUNCIL AGENDA SPECIAL MEETING Wednesday, May 26, 2010 at 7:00 PM 1. Roll -Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by David Butler with the LDS Church 4. Adoption of the Agenda 5. Consent Agenda A. April 27, 2010 Pre -Council Meeting Minutes B. April 27, 1010 City Council Regular Meeting Minutes C. May 4, 2010 City Council Meeting Minutes D. May 11, 2010 City Council Workshop Meeting Minutes E. NEW Beer/Wine/Liquor License Approval for Catfish LLC., dba Schooners Located at 499 S. Main St. This Application is Pending Ada County Recorders Office Approval. F. Lease Agreement with Union Pacific Railroad for 3.12 Acres of Parking at East Broadway and East Third Street for Meridian Business Day, 2010 G. Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance H. MDA 08-002: Approval of Second Amendment to the Development Agreement Dated February 17, 2006, Filed March 7, 2006 (Instrument Meridian City Council Meeting Agenda — Tuesday, May 25, 2010 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. No.106034786): Request to Modify the recorded Development Agreement for Volterra Subdivision and Create a New Development Agreement for a Mixed Use/Commercial Employment Area by Primeland Development Company I. Resolution No. A Resolution of the Mayor and City Council of the City Meridian Amend the Future Land Use Map of the 2002 Comprehensive Plan by Replacing the Public/Quasi-Public Designation with a New Civic Designation; Changing the Future Land Use Designations for Current and Former Churches and Hospitals that are Designated Public/Quasi-Public; Adding New Symbols to the Legend for Future Facilities (i.e., Schools, Parks, Fire Stations, Transit Stations); Incorporating the Land Use Designations of the Ten Mile Interchange Specific Area Plan; Removing the Water and Sewer Line Designations; Updating the Roadways Designated as Entry Way Corridors; and Removing the Roadway Classifications by City of Meridian Planning Department; and Providing an Effective Date. J. Resolution No. : A Resolution of the Mayor and the City Council of the City of Meridian to Amend the Text of the City of Meridian Comprehensive Plan to Integrate Text Changes Associated with the Concurrent Map Amendment and Adding Text to Clarify and Define Fire Station and School Sites; to Update Old Text in the Recreation and Park Section of the Plan (Chapter VI and VII) and Incorporate Language Regarding the East 3rd Street Alignment as Recommended by the Meridian Planning Department; and Providing an Effective Date. K. Resolution No. : A Resolution Of The Mayor And City Council Acknowledging Payment Of The Proportionate Share Of The Reimbursement Agreement For The Property As Identified By Exhibit "A" And Acknowledging That The Applicant For This Parcel Has Satisfied All The Conditions Of The Accompanying Development Agreement For The Foregoing Property And Providing An Effective Date 6. Community Items/Presentations A. 2010 City Scholarship Award Winners B. Discussion with Valley Regional Transit (VRT): Bus Service Options for Fiscal Year 2011 7. Items Moved From Consent Agenda Meridian City Council Meeting Agenda — Tuesday, May 25, 2010 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Department Reports A. Mayor's Department: Mayor's Youth Advisory Council MYAC) Update 9. Action Items A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-31-1-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -In Access Point at the 1/4 Mile to State Highway 69 / Meridian Road Request to Continue to July 06, 2010 B. Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L -O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72)and C -G (General Retail and Service Commercial) (33.47 acres) Zoning Districts Request to Continue to July 06, 2010 C. Continued Public Hearing from April 27, 2010: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres From RUT in Ada County to the M -E (Mixed Employment) District D. Continued Public Hearing from April 27, 2010: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres From the R-8 Zoning District to the C -C Zoning District E. Continued Public Hearing from April 27, 2010: CPA 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 60.74 Acres of Land From Medium High Density Residential (MHDR), Medium Density Meridian City Council Meeting Agenda — Tuesday, May 25, 2010 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) F. Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) G. Public Hearing: TE 10-015 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Request to Continue to June 1, 2010 H. MFP 10-003 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of N. Towerbridge Way, Approximately 1/4 Mile West of Linder Road: Request for Approval to Modify the Approved Final Plat to Allow Multiple Development Phases (3) I. Continued from April 27, 2010: FP 10-003 Bridgetower Crossing Subdivision No. 17 by Primeland Investment, LLC Located 1/4 Mile West of N. Linder Road and 1/4 North of W. Ustick Road: Request for Final Plat Approval for 3 Residential Building Lots on Approximately 1 Acre in an R-4 Zoning District Group Applicant Requests to Withdraw Application J. Public Hearing: VAC 10-002 Bridgetower Crossing Subdivision Nos. 11 & 12 by Primeland Investment Group, LLP Located Southwest Corner of W. McMillan Road & N. Linder Road: Request to Vacate the Public Utility, Irrigation and Drainage Easements on the Interior Lot Lines of Lots 43-45, Block 32 and Lots 15-17, Block 36; AND Vacate a Portion of the Public Domestic Water and Sewer Easements on Lots 15-17, Block 36 Platted with Bridgetower Crossing Subdivision Nos. 11 & 12 K. Public Hearing: Land Trade - Proposed Exchange of Real Property Located at 213 and 215 E. Franklin Road. Proposed Transaction Would Exchange Deeds as Part of a Boundary Line Adjustment in Order to Include the Pool Building, Sidewalk, and Snow -Cone Shack on the Parcel Owned by Western Ada Recreation District, Parcel No. 110021878. Meridian City Council Meeting Agenda — Tuesday, May 25, 2010 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. 11. L. MFP 10-002 Madelynn Estates Locust Grove, Midway Betwe Road: Request to Modify Note Designate Lot 1, Block 8 as a Buildable Lot Continued Department Reports by Jane Suggs Located West Side of en Chinden Boulevard and McMillan 3 and 9 on the Recorded Final Plat, to Common Open Space Lot in Lieu of a A. Legal Department Report: Discussion - An Ordinance Repealing and Replacing Title 4 Public Health & Safety, Chapter 1, Sanitary Service System of the Meridian City Code B. Legal Department Report: Discussion - Motor Vehicle Inspection and Maintenance Program Joint Powers Agreement C. Joint Department Discussion: Legal, Planning, Police and Clerks Office Discussion Regarding Non -Traditional Retail/Service/Drinking Establishments and Considering Developing Specific Rules/Guidelines Regarding Issuing Permits Ordinances A. Ordinance No. Approving Property Exchange to Complete Property Boundary Adjustment with the Western Ada Recreation District at Storey Park B. Ordinance No. Junk Vehicles, Weeds, and Other Nuisances C. Ordinance No. Discharge of Firearms 12. Other Items A. Executive Session per Idaho State Code 67-2345(1)(c) — To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency B. Future Meeting Topics Meridian City Council Meeting Agenda — Tuesday, May 25, 2010 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. r CITY COUNCIL AGENDA SPECIAL MEETING UPDATED AGENDA Wednesday, May 26, 2010 at 7:00 PM 1. Roll -Call Attendance O David Zaremba X Brad Hoaglun X_ Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Councilman Zaremba Entered at 7:10 PM 2. Pledge of Allegiance 3. Community Invocation by David Butler with the LDS Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. April 27, 2010 Pre -Council Meeting Minutes B. April 27, 1010 City Council Regular Meeting Minutes C. May 4, 2010 City Council Meeting Minutes D. May 11, 2010 City Council Workshop Meeting Minutes E. NEW Beer/Wine/Liquor License Approval for Catfish LLC., dba Schooners Located at 499 S. Main St. This Application is Pending Ada County Recorders Office Approval F. Lease Agreement with Union Pacific Railroad for 3.12 Acres of Parking at East Broadway and East Third Street for Meridian Business Day, 2010 G. Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance Vacated Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. MDA 08-002: Approval of Second Amendment to the Development Agreement Dated February 17, 2006, Filed March 7, 2006 (Instrument No.106034786): Request to Modify the recorded Development Agreement for Volterra Subdivision and Create a New Development Agreement for a Mixed Use/Commercial Employment Area by Primeland Development Company Ha. Resolution No. : A Resolution of the Mayor and City Council of the City Meridian Amend the Future Land Use Map of the 2002 Comprehensive Plan by Replacing the Public/Quasi- Public Designation with a New Civic Designation; Changing the Future Land Use Designations for Current and Former Churches and Hospitals that are Designated Public/Quasi-Public; Adding New Symbols to the Legend for Future Facilities (i.e., Schools, Parks, Fire Stations, Transit Stations); Incorporating the Land Use Designations of the Ten Mile Interchange Specific Area Plan; Removing the Water and Sewer Line Designations; Updating the Roadways Designated as Entry Way Corridors; and Removing the Roadway Classifications by City of Meridian Planning Department; and Providing an Effective Date Vacated I. Resolution No. A Resolution of the Mayor and the City Council of the City of Meridian to Amend the Text of the City of Meridian Comprehensive Plan to Integrate Text Changes Associated with the Concurrent Map Amendment and Adding Text to Clarify and Define Fire Station and School Sites; to Update Old Text in the Recreation and Park Section of the Plan (Chapter VI and VII) and Incorporate Language Regarding the East 3rd Street Alignment as Recommended by the Meridian Planning Department; and Providing an Effective Date Vacated J. Resolution No. 10-725: A Resolution Of The Mayor And City Council Acknowledging Payment Of The Proportionate Share Of The Reimbursement Agreement For The Property As Identified By Exhibit "A" And Acknowledging That The Applicant For This Parcel Has Satisfied All The Conditions Of The Accompanying Development Agreement For The Foregoing Property And Providing An Effective Date Item L was Amended onto Agenda: L. Short Term Lease Agreement Between Boise Presbytery Property Management Committee and Meridian Parks and Recreation Department for the Property Located at 201 W. Ustick Rd Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 2 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. E:3 Community Items/Presentations A. 2010 City Scholarship Award Winners B. Recognition of a Hometown Hero C. Discussion with Valley Regional Transit (VRT): Bus Service Options for Fiscal Year 2011 Items Moved From Consent Agenda None Department Reports A. Mayor's Department: Mayor's Youth Advisory Council (MYAC) Update 9. Action Items A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-31-1-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -In Access Point at the 1/4 Mile to State Highway 69 / Meridian Road Continued to July 06, 2010 B. Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L -O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72)and C -G (General Retail and Service Commercial) (33.47 acres) Zoning Districts Continued to July 06, 2010 C. Continued Public Hearing from April 27, 2010: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres From RUT in Ada County to the M -E (Mixed Employment) District Approved D. Continued Public Hearing from April 27, 2010: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 3 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres From the R-8 Zoning District to the C -C Zoning District Approved with Conditions E. Continued Public Hearing from April 27, 2010: CPA 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 60.74 Acres of Land From Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) CPA moved to item 9C — Approved F. Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) Continued to June 1, 2010 G. Public Hearing: TE 10-015 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Continued to June 1, 2010 H. MFP 10-003 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of N. Towerbridge Way, Approximately 1/4 Mile West of Linder Road: Request for Approval to Modify the Approved Final Plat to Allow Multiple Development Phases (3) I. Continued from April 27, 2010: FP 10-003 Bridgetower Crossing Subdivision No. 17 by Primeland Investment, LLC Located 1/4 Mile West of N. Linder Road and 1/4 North of W. Ustick Road: Request for Final Plat Approval for 3 Residential Building Lots on Approximately 1 Acre in an R-4 Zoning District Group Withdrawn J. Public Hearing: VAC 10-002 Bridgetower Crossing Subdivision Nos. 11 & 12 by Primeland Investment Group, LLP Located Southwest Corner of W. McMillan Road & N. Linder Road: Request to Vacate the Public Utility, Irrigation and Drainage Easements on the Interior Lot Lines of Lots 43-45, Block 32 and Lots 15-17, Block 36; AND Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 4 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 hearing, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 10. UP Vacate a Portion of the Public Domestic Water and Sewer Easements on Lots 15-17, Block 36 Platted with Bridgetower Crossing Subdivision Nos. 11 & 12 Approved K. Public Hearing: Land Trade - Proposed Exchange of Real Property Located at 213 and 215 E. Franklin Road. Proposed Transaction Would Exchange Deeds as Part of a Boundary Line Adjustment in Order to Include the Pool Building, Sidewalk, and Snow -Cone Shack on the Parcel Owned by Western Ada Recreation District, Parcel No. 110021878. Approved L. MFP 10-002 Madelynn Estates Locust Grove, Midway Betwe Road: Request to Modify Note Designate Lot 1, Block 8 as a Buildable Lot Approved Continued Department Reports by Jane Suggs Located West Side of en Chinden Boulevard and McMillan 3 and 9 on the Recorded Final Plat to Common Open Space Lot in Lieu of a A. Legal Department Report: Discussion - An Ordinance Repealing and Replacing Title 4 Public Health & Safety, Chapter 1, Sanitary Service System of the Meridian City Code B. Legal Department Report: Discussion - Motor Vehicle Inspection and Maintenance Program Joint Powers Agreement C. Joint Department Discussion: Legal, Planning, Police and Clerk's Office Discussion Regarding Non -Traditional Retail/Service/Drinking Establishments and Considering Developing Specific Rules/Guidelines Regarding Issuing Permits Approved Ordinances A. Ordinance No. 10-1446: Approving Property Exchange to Complete Property Boundary Adjustment with the Western Ada Recreation District at Storey Park Approved B. Ordinance No. 10-1447: Junk Vehicles, Weeds, and Other Nuisances Approved C. Ordinance No. 10-1448: Discharge of Firearms Approved 12. Other Items Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 5 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Executive Session per Idaho State Code 67-2345(1)(c) — To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Amended onto Agenda Executive Session per Idaho State Code 67-2345(1)(f) — To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 10:18 p.m. Out of Executive Session at 10:56 p.m. B. Future Meeting Topics Adjourned at 11:39 p.m. Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 6 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C E IDIAN1- CITY COUNCIL AGENDA SPECIAL MEETING AMENDED AGENDA Wednesday, May 26, 2010 at 7:00 PM 7103 1. Roll -Call Attendance David Zaremba -I1O X Brad Hoaglun Charlie Rountre Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by David Butler with the LDS Church So,\A 4. Adoption of the Agenda! Ado*A w C) a)n9 eS %L-tq on I �v 5. Consent Agenda �A oagC on / RoorA r et ill a\ Ie5 A. April 27, 2010 Pre -Council Meeting Minutes B. April 27, 1010 City Council Regular Meeting Minutes C. May 4, 2010 City Council Meeting Minutes D. May 11, 2010 City Council Workshop Meeting Minutes E. NEW Beer/Wine/Liquor License Approval for Catfish LLC., dba Schooners Located at 499 S. Main St. This Application is Pending Ada County Recorders Office Approval Applicant Received County Approval on May 24, 2010 F. Lease Agreement with Union Pacific Railroad for 3.12 Acres of Parking at East Broadway and East Third Street for Meridian Business Day, 2010 Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance Staff Request to Vacate This Item Pemojed Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. MDA 08-002: Approval of Second Amendment to the Development Agreement Dated February 17, 2006, Filed March 7, 2006 (Instrument No.106034786): Request to Modify the recorded Development Agreement for Volterra Subdivision and Create a New Development Agreement for a Mixed Use/Commercial Employment Area by Primeland Development Company Resolution No. [Staff Request to Vacate This Iteml: A Resolution of the Mayor and City Council of the City Meridian Amend the Future Land Use Map of the 2002 Comprehensive Plan by Replacing the Public/Quasi-Public Designation with a New Civic Designation; Changing the Future Land Use Designations for Current and Former Churches and Hospitals that are Designated Public/Quasi-Public; Adding New Symbols to the Legend for Future Facilities (i.e., Schools, Parks, Fire Stations, Transit Stations); Incorporating the Land Use Designations of the Ten Mile Interchange Specific Area Plan; Removing the Water and Sewer Line Designations; Updating the Roadways Designated as Entry Way Corridors; and Removing the Roadway Classifications by City of Merid' n Planning Department; and Providing an Effective Date `v OL Resolution No. [Staff Request to Vacate This Iteml: A Resolution of the Mayor and the City Council of the City of Meridian to Amend the Text of the City of Meridian Comprehensive Plan to Integrate Text Changes Associated with the Concurrent Map Amendment and Adding Text to Clarify and Define Fire Station and School Sites; to Update Old Text in the Recreation and Park Section of the Plan (Chapter VI and VII) and Incorporate Language Regarding the East 3rd Street Alignment as Recommended by the Meridian Planning Department; and Providing an Effective DateVO�C-clA-f-A J. Resolution No. Pro posed #0-725Pent A Resolution Of The Mayor And City Council Acknowledging Of The Proportionate Share Of The Reimbursement Agreement For The Property As Identified By Exhibit "A" And Acknowledging That The Applicant For This Parcel Has Satisfied All The Conditions Of The Accompanying Development Agreement For The Foregoing Property And Providing An Effective Date PLEASE AMEND THIS ONTO THE AGENDA WHEN ADOPTING: L. Short Term Lease Agreement Between Boise Presbytery Property Management Committee and Meridian Parks and Recreation Department for the Property Located at 201 W. Ustick Rd RAM'd Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 2 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CC, U Yn c ( ) rvl aY) -2C.,r-Cm* -I 1 6. Community Items/Presentations A. 2010 City Scholarship Award Winners ea,, ( Cam pbdj ire 41°c` B. Reco nition of a Hometown Hero Wo lloy,4 Sero f ll Uth%.iogc rf_ccgh\ zC C. Discussion Valley Lgional Transit(VRT): Bus Service Options for Fiscal Year 2011 7. Items Move From Consent Agenda None-, 8. Department Reports A. Mayor's Department: Mayor's Youth Advisory Council (MYAC) Update e`\ NlkyLA 9. Action Items A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-31-1-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -In Access Point at the 1/4 Mile to State Highway 69 / Meridian Road Request to Continue to July 06, 2010 Co'-,-Vwx-) j� aoVrree� IJ1rCJ` B. Continued Public Hearing from March 2, 2010: AZ 08-0 5 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L -O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72)and C -G (General Retail and Service Commercial) (33.47 acres) Zoning Districts Request to Continue to July 06, 2010 COf�+MUkA C. Continued Public Hearin from April 27�2i Hearing p 010: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres From RUT in Ada County to the M -E (Mixed Employment) Distr'ct �� D. Continued Public Hearing from April 27, 2010: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 3 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0� CV6 Q. Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres From the R-8 Zoning istrict to the C -C Zoning District ' E. Continued Public Hearing from April 27, 2010: CPA 09-010 C,o �9r' o c7 Southridge West Commercial by Cabra Creek, LLC Located at the �k V Northeast Corner of S. Ten Mile Road and W. Overland Road: �Rlequest to Amend the Comprehensive Plan Future Land Use Map to �o- �VChange the Land Use Designation on 60.74 Acres of Land From n Medium High Density Residential (MHDR), Medium Density �P Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (M�U�C)' tMi �Ced Employment (ME) vb� F. Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded ' Development Agreement (Inst. #1061511232) 1 Request to Continue to June 1, 2010 �onk���ec� 1201 G. Public Hearing: TE 10-015 Bridgetower Crossing Subdivision C g g g No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Request to Continue to June 1, 2010 C-on-�vrvfA H. MFP 10-003 Bridgetower Crossing Subdivision No. 14 by Primeland 40 Investment Group, LLC Located North of Ustick Road, East of N. Towerbridge Way, Approximately 1/4 Mile West of Linder Road: Request for Approval to Modify the Approved Final Plat to Allow Multiple Development Phass (3) hax-K- I. Contihued from April 27, 2010: FP 10-003 Bridgetower Crossing Subdivision No. 17 by Primeland Investment, LLC Located 1/4 Mile West of N. Linder Road and 1/4 North of W. Ustick Road: Request for Final Plat Approval for 3 Residential Building Lots on Approximately 1 Acre in an R-4 Zoning District Group Applicant Requests to Withdraw Application Co tingent Upon the Action Taken on Item No. 9H: MFP 10-003 3 a 0 � J. Public Hearing: VAC 10-002 Bridgetower Crossing Subdivision Nos. 11 & 12 by Primeland Investment Group, LLP Located Southwest Corner of W. McMillan Road & N. Linder Road: Request to Vacate the Public Utility, Irrigation and Drainage Easements on the Interior Lot Lines of Lots 43-45, Block 32 and Lots 15-17, Block 36; AND Vacate a Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 4 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 hearing, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. BVacate a Portion of the Public Domestic Water and Sewer Easements on Lots 15-17, Block 36 Platted with Bridgetower Crossing Subdivision Nos. 11 & 1 h0,6�,cCLfv,u, i CO- ,Q K. Pubfid Hearing: Land rade - Proposed Exchange of Real Property(r� l� Located at 213 and 215 E. Franklin Road. Proposed Transactio Would Exchange Deeds as Part of a Boundary Line Adjustment in Order to Include the Pool Building, Sidewalk, and Snow -Cone Shack on the Parcel Owned by Western Ada Recreation District, Parcel iNo. � 110021878. L. M 10-002 Madelynn Estates by Jane Suggs Located West Side of Locust Grove, Midway Between Chinden Boulevard and McMillan Road: Request to Modify Note 3 and 9 on the Recorded Final Plat to Designate Lot 1, Block 8 as a Common Open SpaceLot in Lie fQ ate' Buildable Lot ��,i � ¢-o7 10. Continued Department Reports A. Legal Department Report: Discussion - An Ordinance Repealing and Replacing Title 4 Public Health & Safety, Chapter 1 Sanitary Service System of the Meridian City Code ,a d Va4Z'-'J V/1" v B. Legal Department Report: Discussion - Motor Vehicle Inspection and Maintenance Program Joint Powers Agreement ; =Fa -(1- C. Joint Department Discussion: Legal, Planning, Police and Clerk's Office Discussion Regarding Non -Traditional Retail/Service/Drinking Establishments and Considering Developing Specific Rules/Guidelines Regarding Issuing Permits 11. Ordinances A. Ordinance No. Proposed 10-1446: pproving Property Exchange to Complete Property Boundary Adjustment with the Weste n Ada Recreation District at Storey Park B. Ordinance No. Proposed10-1447: Junk Vehicles, Weeds, and Other Nuisances C. Ordinance No. Proposed 0-1448: isclVh/arge of Firearms 1 \ 1'v n , VW, A &t�_C.� � IIJJ tvdr /,0 1, � lOk,S)pe^ Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 5 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. r 12. Other Items A. Executive Session per Idaho State Code 67-2345(1)(c) - To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency PLEASE AMEND THIS ONTO THE AGENDA WHEN ADOPTING: P A&o Executive Session per Idaho State Code 67-2345(1)(fl - To Consider and Advise its Legal Representatives in Pending Litigation B. Future Meeting Topics d. Civ J 0-�e�s ,� }-4eir,clancC = -Fdl Qar�,) I Jacq )ones, Sanyo wa- e t,>,e 9- firCtCjY"Mn , �,qK V-0jf-V-j 'Et\\ )OhAy\son, jahr\ Ovf-60 j G C- Y' SM k+A-\ / 'F—rcLrt Y- -t-h orvt0.SoYl Cl I QaN TZober(4 S�m`Snn, L\)Y-e Cocveh`eX 6r2rNdq Sheru',-d -Br0.d Lt O� d , K -e (I y L ( owl d , -Fe-,Y- rq C h v -1s Ll o\)4 , Ja, e S\,)aRs , C�a -po (Y-) SSC , �j a-� -�- ��� C . aL& Meridian City Council Meeting Agenda — Wednesday, May 26, 2010 Page 6 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting- IMay 26, 2010 A Council meeting of the Meridian City Council was called to order at 7:03 p.m., Wednesday, May 26, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jacy Jones, Jaycee Holman, Pete Friedman, Sonya Watters, Bill Parsons, John Overton, Bill Johnson, Kyle Radek and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'd like to welcome you all for coming and joining us this evening. For the record it's Wednesday, May 26th. It's three minutes after 7:00. We'll start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: For the record, Councilman Zaremba is at an Ada County Highway District hearing and he will be joining us after he provides his testimony there. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in our pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by David Butler with the LDS Church. De Weerd: Item No. 3 is our community invocation. We will be led tonight by David Butler with the LDS Church. If you will, please, come forward. I would invite the public to, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you so much for joining us. Yes, please. Butler: Our Father in Heaven, we are grateful to meet in this Meridian City Council meeting. We are thankful for this opportunity. We are grateful to meet in such favorable circumstance and we are grateful for this great country that we live in, for this state, and for this community. We thank thee for those who direct the affairs and lead us in this community and pray that thou will bless them and their families as they contribute to our welfare and the welfare of the citizens of this community. We pray that thy Spirit might be with us this night and especially with the Mayor and City Council, that they might be blessed with thy inspiration and guidance. Help those who will participate that they will be able to explain their needs and desires and positions in a clearly Meridian City Council May 26, 2010 Page 2 of 79 understandable manner and pray that we will be able to listen and learn from each other. We pray for this opportunity to have free deliberations and to discuss. Bless us with open hearts and minds and listening ears and pray that the evening will be profitable for all who are here and for the citizens of our community. We thank you for our many blessings and pray for these in the name of Jesus Christ, amen. De Weerd: Mr. Butler, if I can present you with a City of Meridian pin for joining us this evening and thank you. Item 4: Adoption of the Agenda. De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would recommend for the Council Members that have their agenda and for those in the audience to get it out, we have got a lot of things we are moving around tonight. Under the Consent Agenda, Item G, staff is requesting that we vacate that item. So, that will be removed. The second page at the top you see Item H, which is MDA 08-002. The next paragraph, that is Item H -A. It was just inadvertently missed, but it is a different item. And that resolution to amend the future land use map, staff is also requesting that we vacate that item. Item I is also requested to vacate, so that also will be removed. And under Item 5-J, that resolution number is 10-725 and we would like to add an Item L, which is a short-term lease agreement and -- with the parks department, so we will be adding that onto the Consent Agenda. Continuing on, under Action Items, under 9-A, we have a request to continue that to July 6th. Item B is also a request to continue to July 6th. Under Item 9-F, request to continue to June 1 st. Item G, request to continue to June 1 st. Under Item I, the applicant is requesting to withdraw that application, contingent upon the action taken on Item 9-H, so that will occur later on. Moving on to Ordinances, Item 11. 11-A is ordinance number 10-1446. B is ordinance number 10-1447. And C is ordinance number 10-1448. And under Item 12, the Executive Session, we want to add an item, so we will be going into Executive Session under Idaho State Code 67-2345(1)(c) and (1)(f). So, with all those changes, Madam Mayor, I move adoption of the agenda. Rountree: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda. Meridian City Council May 26, 2010 Page 3 of 79 A. April 27, 2010 Pre -Council Meeting Minutes B. April 27, 1010 City Council Regular Meeting Minutes C. May 4, 2010 City Council Meeting Minutes D. May 11, 2010 City Council Workshop Meeting Minutes E. NEW Beer/Wine/Liquor License Approval for Catfish LLC., dba Schooners Located at 499 S. Main St. This Application is Pending Ada County Recorders Office Approval F. Lease Agreement with Union Pacific Railroad for 3.12 Acres of Parking at East Broadway and East Third Street for Meridian Business Day, 2010 H. MDA 08-002: Approval of Second Amendment to the Development Agreement Dated February 17, 2006, Filed March 7, 2006 (Instrument No.106034786): Request to Modify the recorded Development Agreement for Volterra Subdivision and Create a New Development Agreement for a Mixed Use/Commercial Employment Area by Primeland Development Company L. Short Term Lease Agreement Between Boise Presbytery Property Management Committee and Meridian Parks and Recreation Department for the Property Located at 201 W. Ustick Rd De Weerd: Our next item is Number 5, our Consent Agenda. Hoaglun: Madam Mayor, under the Consent Agenda, items I noted, item G, we are going to remove Item 5-G under Consent Agenda. We are also going to remove Item 5- H -A and also 5-I. Under 54 that resolution number is 10-725. And we are also adding -- making sure that we have on there under the Consent Agenda, Item L, a short-term lease agreement between Boise Presbytery Property Management Committee and Meridian Parks Department for the property located on the 201 West Ustick Road. And with those changes, Madam Mayor, I move approval of the Consent Agenda. Rountree: Second. De Weerd: I have a motion and a second to move -- or to approve the Consent Agenda as changed. Is there any discussion? Seeing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. Meridian City Council May 26, 2010 Page 4 of 79 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. 2010 City Scholarship Award Winners De Weerd: Well, if you will give me a moment, Council, I will move down to the podium. Hoaglun: And as Madam Mayor moves to the podium for the next item, we just want to let -- for the record show that David Zaremba, Councilman, has returned from the ACHD meeting, bearing great news we hope eventually. But welcome. Zaremba: Thank you. I am here. De Weerd: Our first item we have the honor of recognizing some of the youth of our community for their service in our community. We established a Mayor -- a city youth scholarship and these are in recognition of the numerous acts of benefit to our community by our youth. The funds come from State of the City sponsorships that are dedicated to these youth scholarship programs. So, we don't use taxpayer dollars, but these scholarships are dedicated to City of Meridian youth that give back to our community. So, it's my pleasure tonight to recognize three of the four recipient that will be receiving these and next week, because one of the youth had a conflict tonight, we will be awarding her scholarship next week. If you would allow me to give a little bit of description on each of our scholarship recipients and, then, I will ask them to come up and join us. The first one, Carly Campo, is from Rocky Mountain High School. Carly plans on attending Brigham Young University in Provo to study music education. Some of the accomplishments that we pulled out of their application and letters of recommendation and such, I'll note her accomplishments and activities and I would just like to highlight a few of these. She created the Read With Me program in 2008, which has high school students that go out and read with our youth in our community and elementary schools. Volunteers for World Special Olympics. Was a volunteer -- does volunteer work with her church youth group. She testified before the house and senate education committees regarding funding for the Idaho Digital Learning Academy. She was the Miss Idaho's Outstanding Teen of 2009. She's president of the honor -- National Honor Society at her high school. She's a member of the Business Professionals of America and because she has a whole lot of free time after that, she's involved in multiple high school drama productions and choir. These -- reviewing these applications I think struck each one of those that judged these to figure out who to award it, as we have some very busy youth in our community and most times we don't stop and recognize the accomplishments of these young emerging leaders that do amazing things in our community. So, that is our first one. And, again, if you will bear with me, I will go through all of these and, then, I will get to the presentations. Our second one is Alysa Hoskin. She's from Mountain View High School. She plans to attend Brigham Young University in Provo to study broadcast journalism. Her accomplishments and activities include coordinating and participating in multiple service activities and local charities, active in youth -- church youth group, Key Club, Young Meridian City Council May 26, 2010 Page 5 of 79 Republicans, fluent in America sign language, interpreted and attended community events with the -- utilizing this talent. Journalism Education Association. A National Student Press Association are some of her activities. She was the year book copy editor. She was -- participated in the Boise Valley Junior Miss Pageant. She's in basketball at the JV level and she lettered in that. Cross country JV captain and received a varsity letter. She's with the Boise Youth Dance Festival and also involved with the National Honor Society as their treasurer. Merrily -- okay. If I mess up your name -- Marley. Malarie. Well, that one was difficult. Okay. Malarie Stout. And should have known that. Malarie is from Meridian High School and we just saw a summary on Malarie and some of her activities at Meridian High School last night on one of our news channels. She plans to attend Lewis -Clark State College to study nursing. Her accomplishments are volunteer for the Buddy Walk benefitting the Downs Syndrome Association. The city and our youth council was involved with Inclusion Revolution last year and this was born out of Meridian High School where their goal was that everybody, regardless of any of their abilities or restrictions, should be included in all things and they -- they went out, embraced this and offered it to the community, which it was embraced and I think Mallory's friend Jamie was recognized with a Mayor's award last month, but this program really touches out -- reaches out into our community and touches a lot of hearts and so I -- this is -- this is such a cool program and I have been personally involved with that. Sang the National Anthem for the Idaho Veterans Memorial. Raised funds for and awareness of breast cancer, supporting the Susan B. Coleman Foundation. She is with the ASB vice-president, the Boise Leadership Academy, huddle leader for fellowship of Christian Athletes. National Honor Society. Varsity volleyball. And varsity choir. If I could ask these three recipients to, please, come forward, I would love to give you a plaque and your check will go to your school. Carly. I will just read what the plaque says. In recognition of your high level of community involvement, academic merit -- and I get emotional on everything, so forgive me. Had to take a breath. And outstanding leadership potential, we award this to you for what you have done in our community to make it a better place and to show your leadership and we wish you great success in your -- your next chapter in your education and beyond. Congratulations. Alysa Hoskin at Mountain View. In recognition of your high level of community involvement, academic merit, and outstanding leadership potential, we wish you great success in your future endeavors and we hope that you all remember to come back home and be leaders in our community, too. And to Malarie. Just a different spelling on that. In recognition of your high level of community involvement, academic merit, and outstanding leadership potential, it is our honor to present this to you and wish you success in future endeavors. We'd like to also thank the families. We know, because it's -- we all have very busy kids as well, we know that the support from home is an absolute must and we appreciate what you do to support your high school students, to get them to and from activities and be a support system to them, so that they can continue to spread their wings and I know having worked with youth -- with our Mayor's Youth Advisory Council, all's you have to do is give them opportunity and they take it and run. Amazing what our youth do in our community. So, thank you for being here and, you know, if you'd like to leave you're certainly welcome to do that. We will not make you wait around. Meridian City Council May 26, 2010 Page 6 of 79 B. Recognition of a Hometown Hero De Weerd: It is also my honor to -- our next item is something that we want to start doing. We have a number of citizens that on occasion they go above and beyond to save a fellow resident or someone in need and we have decided, instead doing this on an annual basis and, then, looking through submittals on who might be worthy, we want to recognize every act as we hear of them and would ask that our citizens let us know as you learn of these acts of kindness, acts of bravery and acts of heroism, to bring it to our attention, because it's always the bad stuff we hear and not always the good and we'd like to celebrate what -- the good things that happen in our community. So, let me give you some background on who we are recognizing tonight. On the afternoon of Friday, May 14th, Meridian resident Kelly Lloyd was driving past Tully Park to run an errand she had delayed from earlier in the day. In passing she noticed a dog near the bank of an irrigation ditch, running along side the parks walking path. The dog is here with us tonight. The dog was pacing back and forth and acting in an agitated manner. Curious about the lone dog, Kelly pulled into the park's parking lot and began walking across the park towards where the dog was. She noticed that the dog was dragging its leash. Kelly, then, spotted something in the water and began to run. When she got to the ditch bank she spotted an overturned wheelchair and, then, an elderly man almost fully emersed in the cold water. She grabbed the man's hand and attempted to lift him out of the water, but could not. She dialed 911 for help and continued to keep her grip on the man, who told her he had been in the water at least 20 minutes prior to her arrival. She talked to the man and kept him calm and lucent and soon Meridian police officers arrived, followed soon after by additional paramedics. The elderly man, 86 year old war veteran Bob Hiller, is also with us here tonight, explained that he had gone to the park in his electric wheelchair to visit a tree planted there in his diseased wife's honor. He had been too impatient to wait for one of the several caregivers who generally accompany him and had ventured out alone. His dog began moving too fast and pulled Mr. Hiller's wheelchair off course. Fearing he would hit a fence post, Mr. Hiller rode out and accidently tumbled into the water. Mr. Hiller has fully recovered from this ordeal and Kelly Lloyd has visited him at his home. Kelly is the wife of a former Meridian city resident and employee and also the mother of one of our employees and it would be my honor, Kelly, if you would come and join us up front. And, Mr. Hiller, it -- Shelly, if you would bring Mr. Hiller up as well. Oh. And Cody, the dog. No one ever wonders why I love this community when we get to do things like this. I would like to read our plaque. It's the Hometown Hero Award, presented to Meridian residents who perform selfless acts of heroism, going above and beyond the call of duty in service to others in our community without regard for attention or personal gain. It's presented to Kelly Lloyd in recognition of the role she played in saving the life of an elderly resident who had fallen out of his wheelchair and fell into an irrigation ditch. We thank you for your selfless act and appreciate you joining us tonight and, Mr. Hiller, thank you as well. C. Discussion with Valley Regional Transit (VRT): Bus Service Options for Fiscal Year 2011 Meridian City Council May 26, 2010 Page 7 of 79 De Weerd: I think Council will have to admit, I'm getting better at doing these without too much interruption. Our next item is Item 6-C, discussion with Valley Regional Transit on our bus service options for fiscal year 2011. Oh, I'm sorry. Kelli, you might just wait a short moment. Okay. There we go. Hi, Kelli. Fairless: Members of the Council, I provided your clerk with a white paper, so, hopefully, that got to you. It looks like it did. Mary was here several weeks ago from my office, Mary Barker, to talk with you about kind of visioning for the future of public transportation services for the City of Meridian and in the meantime we are now in full effort of just developing our 2011 budget of our existing services. I have provided the white paper as a background for you, just because I know with all the things that you do through your busy public life, sometimes it's hard to track a lot of the details, so I'm not going to go through every detail in this paper, but it is available to you, then, as you're reflecting back over the next few months on -- as we move through the budgeting process. This is going to be I think our challenging budget year. I have been telling the staff over the last couple of years, as we have all been watching the revenue shortfalls and kind of observing how things have been going in local jurisdictions that things tend to roll downhill and I know this is the year that we are going to have to probably deal with some more difficult financial circumstances. Just a very brief background. You all remember in 2003 the Nampa Urbanized Area was formed. We began to operate the services that are out of what we call the Nampa Urbanized Area, which is comprised of Nampa, Caldwell, and a portion of Middleton. We bring those services through Meridian and serve Meridian residents through the Nampa urbanized area services and those are the inter -county limited stop routes that we have talked with you about many times. In 2005 we went through a competitive procurement and procured the management services of -- actually, the contract management services of First Transit, which is a public transportation operator, and we did it under a turn key, which meant we paid an hourly rate and they provided the service and took care of all the -- you know, hiring the employees and managing the system. In 2009 Valley Regional Transit board determined that a better model for us to operate our services under is a management services contract through a subsidiary corporation where the employees are still hired under a private subsidiary, but the budgeting and the management of the -- of the oversight of the system would be more directly done through Valley Regional Transit, which is currently -- or just recently established that system in our Boise operation and we are in the process of starting that up in the -- in the Nampa system as well. This will allow us to have more direct oversight of the actual budget and financials. Under the turn key contract you never know exactly how much of that is actual profit and how much is -- is going toward the system. The one issue we found in negotiating a short- term extension of the existing contractor's budget is that -- or hourly rate is that they have had -- been claiming that the service is actually a lot more costly to operate than they were getting reimbursed in their hourly rate and we did do a pretty detailed analysis, hired a third -party consultant to -- we did our own independent budget of what we thought the system would cost to operate, had that compared to -- by a third -party professional and that determined that the system probably does cost about 25 percent more to operate than what we have been paying. So, as we go forward in this coming year's budget, not only are we addressing issues of possible revenue shortfalls, but Meridian City Council May 26, 2010 Page 8 of 79 service itself we are anticipating is actually going to cost more to operate. We are still in the process of refining those budget projections, but feel comfortable that the 25 percent is the highest end of that and we hope that it will get better. There are a few things I will talk with you about that may make that a little better going forward. So, where we do our budgeting through voluntary contributions from our local jurisdictions and there are a lot of moving parts in this process, because as everybody -- if -- if one partner decreases their contribution, it's up to the other partners to even increase theirs more or we have to look at how we provide that service and I want to point you to the attachment on the document, if you're interested. It's the actual break out of the financial contributions that all of our local jurisdictions provide. The City of Meridian has provided -- this last year it was 25,330 for dues and, then, 75,211 that supports the inter -county services and, then, the federal portion of that covers the remainder of the budget to support that service. So, we get about 60 percent of the budget is funded through federal dollars, leveraging those local contributions. So, we are in a fairly complex situation where we need to try to develop a -- some service plan concepts that are going to meet the revenue projections that we are hearing from our local jurisdictions. The board members representing those local jurisdictions have indicated that they don't believe that their communities will be able to increase their contributions over last year and so we are facing the possibility of having to really seriously look at our service levels. Because the services are operated over multiple jurisdictions, it means that we can't actually save costs by not -- well, for example, a hypothetical, if one thing is we can't save costs by not serving the City of Meridian, because we need to pass through here anyway. So, that's part of what makes this a little more complicated to -- to do is that the way the services are so interrelated among the jurisdictions it makes it a little harder to -- to try to deal with -- with possible shortfalls. And that any fare or service changes that we -- that would need to go in effect, we need a target to try to have those in effect at the beginning of our new fiscal year, which is October 1st, which means we need to do the service planning, the budgeting, get all of the concurrence from our -- our local funding partners and, then, have our public hearings and get all that squared away and implemented by October 1st, which is a really challenging effort for us to accomplish, but we are committed to do the best that we can on that. To that end I have offered in this paper, basically, an outline of what that process looks like. We will be completing the preliminary budget and financial analysis tools -- I think we are going to confirm that preliminary budget at a staff level tomorrow and we will be providing that to our -- one of our committees within the next week. We are going to also we just -- this is the first of all of our local jurisdiction meetings, so we have initiated that process. The one thing we are going to do to try to save some time in this analysis is doing a survey with the local elected officials of each of the jurisdictions to kind of help us understand what your orders of priority are for this short- term kind of issue that we are dealing with, so that we can have a better understanding as we do the service planning of where your priorities are and that -- that survey should be distributed by tomorrow or Friday. It's very close. And it may have even gone out today. In June we are going to go complete our meetings with our local jurisdictions to continue to seek input on priorities and revenue assumptions. We will be completing our service scenario planning and scheduling public hearings to be held in July. We hope, then, from the response in the public hearing process to be able to complete the Meridian City Council May 26, 2010 Page 9 of 79 service planning, prepare a recommendation for the board and find some way to distribute that information, probably through our board members, back to the city councils and the commissions and, then, in August conduct our final budget hearing to adopt the fiscal year 2011 budget. This -- I will quickly go through what we are looking at in terms. The first part of the bookend would be a lifeline level service and what we mean by lifeline is identifying the most needy constituents in your communities and the highest activity centers that they would need. This would probably prioritize disabled, elderly, low income people who really are what we call transit dependent and to identify ways of serving them and, then, looking at what -- we are using the available funding, looking at if there is any additional funding how we might still gap the commuter services. Right now we do provide inter -county routes for commute times as well and that those might be additional van pools or maintaining some of the most active trips and identifying those. The other extreme is where it's our primarily commuter based system that we use some of the additional revenue to do more of that lifeline service. So, it's really just two sides of -- of the same issue, which population are we going to focus on, and, then, within those two are local fixed route with limited commuter service, where that would be kind of the localized line a little more enhanced with commuter services or more commuter focused with some limited fixed route service. And I guess I'd caution -- I don't mean to paint the most dire picture. I don't know that it will be that dire, we just want to be prepared, given the short time frame that we have, that we have evaluated every possible option and that, then, we can test those options against the feedback that we get from our leaders and our communities that we serve. The other part of this project for us is to really look at how we can improve the coordination of the services that already exist. For example, where senior centers are providing those services, are there ways we can support those efforts to increase and enhance that coordination in a more effective way. So, those are -- that will be woven into each of these scenarios and in our process and how we accomplish that, again, we are really early in this process and so it's evolving over time and we will definitely be staying in touch and maybe if I could get some feedback from you today that would be helpful to us, it would be whether or not our assumptions about your revenue projections are similar to the other jurisdictions that we have and how best can we keep you in the loop in terms of this process, given that we are trying to accomplish it on such a short time frame. Thank you, Madam Mayor, and those are my formal comments and I'd be happy to answer any questions. De Weerd: Council, any questions? Bird: I have none Rountree: I have none. Madam Mayor, the only question I would have would be -- we have not seen the budget in context of this particular item. I assume the budget continues the funding at the current level and I think that's the kind of information Kelly needs, so they can move forward as they prepare their budget. Is that correct? De Weerd: I think staff had called you for any anticipated numbers and I assume those numbers are the same as what is in this chart, not the 25 percent increase. Meridian City Council May 26, 2010 Page 10 of 79 Fairless: There is -- what we provided in the chart is what we have today, which would be the status quo, basically, going forward and, then, we have provided you the amount if we did need the 25 percent, so you would know what that number would be. De Weerd: Okay. I think we took it -- it was with the three percent, but not with the 25 percent. I will have to verify that. But we -- yesterday the senior management team balanced our budget that we are bringing to Council and so, then, it will be in your hands. Hoaglun: Madam Mayor, I have a quick question. As we go through that budgeting process, you know, we will be looking at everything and trying to sort the priorities just as you are. I'm kind of curious if we are able to come with the funding that -- for our funding that meets the 25 percent, there is no guarantee that other jurisdictions will be able to do that. So, what happens then? I mean, you know, this money is Meridian taxpayers and we want to benefit those taxpayers. We -- we'd like to think Meridian is in the middle of the valley, where we are situated in our geography things do run through Meridian and does that mean we will be able to see full utilization of that funding? I don't think you would be taking that funding and utilizing it in other communities, but how do we -- how do we make sure that if we fully fund that that money is not going elsewhere and residents don't benefit from that? Fairless: Madam Mayor, Councilman Hoaglun, that's an excellent question and one of the things, because we do get fund -- have funding partners from all the different jurisdictions, we have a very -- it's just a fairly complex financial system where we track those dollars, so that they aren't -- if we had funding from the City of Meridian that was above and beyond that inter -county service, because one scenario might be that the rest of the partners, as you mentioned, don't fund the 25 percent. The amount that you would be providing us that would be that 25 percent more than you have today, we could look at helping to fund some other mobility programs, like I had mentioned, you know, in improving services that would be more directed to the City of Meridian. So, those would be used within the City of Meridian. Hoaglun: Okay. Thank you. De Weerd: Okay. Anything further? Fairless: Well, thank you very much for your time and we will stay in touch. Item 7: Items Moved From Consent Agenda. De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Department Reports. Meridian City Council May 26, 2010 Page 11 of 79 A. Mayor's Department: Mayor's Youth Advisory Council (MYAC) Update De Weerd: Item 8-A under the Mayor's Department, we have our MYAC update and see Eli is here to provide it to you. Thank you for joining us, Eli. E.Nary: Good evening, Madam Mayor, and Members of the Council. As you know, my name is Eli Nary and I have been the chairman of the Meridian Mayor's Youth Advisory Council for the past year. And it's been one exciting year, I must say. Last year we went to the Association of Idaho Cities and came away -- come with what do we want out of this year, what are the things that we saw that we liked about MYAC before and what are the things that we thought we could change and all these ideas that we had and all the ways that we planned, in what way can we affect our community, affect our youth, affect everyone in this valley. Those were the things that we have really cared about and this year I feel like we did exactly that. We started off with things like the Harvest Festival where we volunteered. We scooped ice cream for MADC recognized event twice. We found willing youth delegates to be members of our Youth On Commission program, which included our arts and our historical preservation and Meridian's Promise and MADC and many more. We also divided into three different subcommittees. We had our government affairs, which we took the texting while driving bill this year to bat. We spoke down at the house and at the senate in committee about how important of a bill this was. We created a Facebook group that the last time checked had over 700 followers saying the Idaho teens don't want to text and drive anymore. We were also featured in an article with AAA on all of our work that we did with that and we also received a grant to do some anti -tobacco PSAs and all these different things, our advisor Adrian Casper was really a huge help to every person on our committee that worked as hard as they did. Next we had a Teen Activities Council, which featured different events that reached out to our middle school and high school age groups, reaching out into our community and trying to help teens find a positive outlook and find a positive way to have fun and we had different projects throughout the entire year and one of those included our Boondocks event, which -- which, I believe, we actually did sell out with. And this all became a part with our parks and rec department, with our advisor being Allison Kaptein, who did quite a few great things for us this year. Our final subcommittee is our community involvement committee, which this year we really worked on finding different projects outside in our community where we also really focused on our dinner auction that we have done the last two years. This year we supported the Meridian Food Bank and that night we raised about 4,000 dollars for them, which is enough to feed them for -- feed the homeless in Meridian that are in need for an entire month. Luke Cavener in the Mayor's office and our advisor for MYAC, did so much work, not only with that event, but with every event this year and to not acknowledge his name at least once this year is a gross understatement of everything that he's done. This summer we will be attending the Association of Idaho Cities and we will also be doing some planning sessions and as of our last meeting I elected our chair again for next year, so you will have to deal with me again. And I just would like to thank all of you as well for all the opportunities that you created with everything that you were able to do for us and I'm just glad that I have this opportunity Meridian City Council May 26, 2010 Page 12 of 79 and every youth in Meridian does as well, because it doesn't make us the leaders of tomorrow, it makes us the leaders of today. Thank you. Now, I will -- if there is any questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm looking forward to another year of hearing from you, Eli. E.Nary: Thank you, sir. De Weerd: Eli, I think that you recognized our adults that were involved, but not the youth that led the different events. If you could kind of give a summary of who were the chairs and that sort thing. E.Nary: Absolutely. Well, our government affairs committee was led by Janelle de Weerd, who did an outstanding job this year with everything that she was involved in. She lead the push for everything that we did with the texting while driving bill, with countless hours to support not only -- not only the texting while driving bill, but also the grant that we also received for tobacco education, she was there at everything, she did a great job. Next we had -- next we had our Teen Activities Council, we had Saraya Sheets in her first year and Saraya came in there and really embodied that positive attitude in everything that she did. She was at every event. She gave everything to MYAC for everything that she did and I'm proud to say that she will be back next year as well, along with Janelle. Next we had in our community involvement Aubrey Grant and this was her final year in MYAC and Aubrey has been a dedicated member and she did a great job with community involvement and like the other two chairmen, like every member that we had on MYAC this year, they gave themselves wholehearted to this cause. De Weerd: And, then, Jessica with the historical preservation. E.Nary: Oh. Right. Yes. Jessica Proctor was on the historical preservation and she was at everything and, then, we had Megan Murphy, who was also on our parks and rec and, then, Janelle also served on the Mayor's Anti Drug Coalition and I served on the Meridian's Promise and Aubrey Grant served on our arts commission. And those are just the ones off the top of my head and I can't remember everyone right now, but it was -- honestly, it took -- for me to speak right now is just to say that I may have done some good stuff this year, but if it wasn't for every other person that put in all those hours this year, the efforts that MYAC had -- the success that MAYC had this year would be not nearly as great. De Weerd: Thank you. Meridian City Council May 26, 2010 Page 13 of 79 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thank you, Eli, for your service and I know you will continue to do it for us and I understand that next year if we raise 5,000 that you're going to shave your head? E.Nary: No, I -- I don't remember agreeing to this. Bird: Mr. Rountree agreed to it. E.Nary: I think they are agreeing on my behalf. De Weerd: I think we will accept that challenge. Bird: Yeah. We are going to accept it. We are going to get it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Eli, I have appreciated your enthusiasm and your dedication and your reports to us have been delightful, we have enjoyed them, and I'm glad that you're getting to repeat again next year and I only had one question, if you repeat as chairman -- or president, does mean that you also have to repeat the same grade in school? E.Nary: I was planning on it, but that's just because the school said I have to, you know. I'll actually be a junior next year, so -- De Weerd: Very good. Well, thank you for the summary. It was a very active year and I know that you all can take pride in the accomplishments and amazing results that the youth council has had in their activities and their efforts. E.Nary: Well, thank you all as well, because all these efforts all come from you and you guys create a great example for everything that we get to go this year. Also show us that, you know, the leaders of tomorrow are -- can be us, but we have these perfect examples here today. Thank you. Item 9: Action Items. A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street:Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a Meridian City Council May 26, 2010 Page 14 of 79 State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -In Access Point at the 1/4 Mile to State Highway 69 / Meridian Road B. Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L -O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72)and C -G (General Retail and Service Commercial) (33.47 acres) Zoning Districts De Weerd: Thank you. Okay. Item 9-A has a request to continue to July 6th and also 9-B. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we continue Items 9-A and 9-B until July 6, 2010. Bird: Second. De Weerd: I have a motion and a second to continue Items 9-A and B to July 6th, 2010. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Continued Public Hearing from April 27, 2010: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres From RUT in Ada County to the M -E (Mixed Employment) District D. Continued Public Hearing from April 27, 2010: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres From the R-8 Zoning District to the C -C Zoning District E. Continued Public Hearing from April 27, 2010: CPA 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request to Amend the Comprehensive Plan Future Land Meridian City Council May 26, 2010 Page 15 of 79 Use Map to Change the Land Use Designation on 60.74 Acres of Land From Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) De Weerd: Item 9-C is a continued public hearing on AZ 09-010 and Item 9-D is also a continued public hearing on RZ 09-006. And I believe also Item E is part of that continued public hearing on CPA 09-010. 1 will go ahead and turn this over to staff at this time. Watters: Thank you, Madam Mayor, Members of the City Council. The property before you is located on the northeast corner of South Ten Mile Road and West Overland Road. The first map there shows the current zoning of the property. The second map is an aerial view. The first application is a Comprehensive Plan map amendment to change the land use designation on 60.74 acres of land from medium high residential, medium density residential, green space and park land and mixed use commercial and mixed employment. And that does encompass the whole site outline there. The next application is annexation and zoning of 5.63 acres of land from RUT in Ada County to ME, mixed employment. This map -- to back up just a second. This map shows the current adopted future land use map in the Comprehensive Plan and the second map shows the proposed zoning -- or map amendment. And this is a map showing the proposed zoning. The annexation area I just spoke of is right up here, the blue area. It does exclude the blue area up here, it's just only this little sliver right here, the 5.63 acres. And a rezone is also requested of 9.33 acres from R-8, medium density residential, to C -C, community business. Highlights of the request -- the applicant has submitted a conceptual plan shown here for the portion of the site proposed to be rezoned to C -C, that lies directly on the corner of Overland and Ten Mile. The concept plan depicts a right -in, right -out access via Ten Mile Road, a convenient store or gas station, retail, and two quick service restaurants, drive-thru service windows are proposed for the C store and both restaurants. A 75 foot wide Williams pipeline easement also exists along the north boundary of the site. Staff is recommending a development agreement with the rezone application, with the provisions listed in Exhibit B of the staff report. The applicant did not submit a concept plan for the property proposed to be annexed north of the rezone property. Due to the size and configuration of the property, staff does anticipate the piece will develop by itself and, therefore, staff is not requiring a development plan to be submitted at this time, nor is staff requiring a development agreement. Staff anticipates that when the larger surrounding area is rezoned consistent with the proposed change to the future land use map, a development plan will be submitted to include the subject annexation area. Staff anticipates this area will be included in a future development agreement when adjacent area proposed solely for the map amendment north of the pipeline is proposed to be rezoned. The Commission recommended approval of the subject application at their March 18, 2010, public hearing. Summary of the Commission hearing. In favor of the application was Van Elg. No one testified in opposition. Janet Puga, Scott Nichols, Scott Gruba, Liz Terko all commented on the application. There was no written Meridian City Council May 26, 2010 Page 16 of 79 testimony submitted. The issues of discussion by the Commission was the development of property adjacent to the Northwest Pipeline and any applicable restrictions. Direct access to Ten Mile Road for the property proposed to be rezoned and whether or not drive-thru establishments are consistent with uses desiring mixed employment designated areas and, if so, should conditional use approval be required. Key Commission changes to staff recommendation. The Commission voted to recommend approval of the development provision recommended -- excuse me. The Commission voted to recommend removal of the development agreement provision recommended by staff prohibiting access to Ten Mile Road in order to give the developer an opportunity to demonstrate how it could work for further consideration. That is DA provision H. Outstanding issues for City Council. The first is Council should determine if direct access to Ten Mile, an arterial street, should be allowed as requested by the applicant. UDC 11-3A-3 requires access to be taken from a local street where available. Staff determines the driveway off Overland Road into the site that stubs to the north boundary of the proposed C -C district shown on the site plan serve as a local street. However, Council may waive this standard and allow access to Ten Mile if deemed appropriate. If Council was to allow the access to Ten Mile as proposed by the applicant, development agreement provision H should be modified accordingly. Just to note that ACHD site specific condition number 7.1.7 in the staff report states that other than one access specifically approved with this development application on Overland Road, direct access is prohibited to Overland and Ten Mile Roads consistent with the original conditions of approval for South Ridge, except for emergency access restricted with bollards or a gate if needed to Ten Mile. Additionally, the existing development agreement for South Ridge, which encompasses this property, also prohibits direct access to Ten Mile. The second outstanding issue for Council is regards to the multi- use pathway along Ten Mile. Because there is not adequate area to construct a ten foot wide detached multi -use pathway along Ten Mile adjacent to the ACHD drainage pond, staff recommends development agreement provision A be modified. A drainage pond is noted here on site plan. Staff is recommending provision A be modified to read: In accordance with city's master pathways plan as standards listed in UDC 11-3A-8, a ten foot wide multi -use pathway is required to be constructed along the Ten Mile frontage near the west boundary of the site from the Overland - Ten Mile intersection north to the drainage pond the pathway shall be detached adjacent to Ten Mile. South of the drainage pond the pathway shall split into two separate facilities, a five foot wide detached sidewalk along Ten Mile and a ten foot wide multi -use pathway around, east and north, the ACHD pond, tying back into the sidewalk along Ten Mile and continuing as a ten foot wide detached pathway to the north. Or, instead, the applicant may pay ACHD for the additional cost of widening the pathway from five feet to ten feet along Ten Mile in front of the drainage pond. That is an option for the developer. No written testimony has been submitted since the P&Z Commission meeting. Staff will stand for any questions the Council may have at this time. De Weerd: Sonya, the recommendations regarding the outstanding issues for City Council, did the applicant have any comment about that? Meridian City Council May 26, 2010 Page 17 of 79 Madam Mayor, Members of the Council, I believe the applicant probably will address the access to Ten Mile in their presentation and the applicant is on board with the pathway provision that staff is recommending. De Weerd: Thank you. Any questions from Council? Yes, Mr. Hoaglun. Hoaglun: Sonya, a question on that pathway, just looking at that where the pipeline easement goes through, is that pathway to be required to be ten foot or just are they just putting it in as a five foot or what do we know about that particular pathway? Watters: Madam Mayor, Councilman Hoaglun, Councilmen, I believe that's a five foot wide pathway. I can't say that for sure. There is called out on it. That's just something the applicant was proposing to do within that open area, since they can't really build within that area or encroach, so -- Hoaglun: Right. Watters: -- that's just a separate deal that the applicant was proposing. Hoaglun: Okay. I was just curious about. Thank you. De Weerd: Well, I guess that raises a question. Could that -- can that meet the needs of the pathway by expanding that? Watters: Madam Mayor, Members of the Council, the pathway -- if it -- let me back up. The multi -use pathway is designated to run along the -- from the east along the south side of Overland Road and it -- south or north. South, I believe. And it was supposed to come out -- we wanted it to come out at the intersection, the signalized intersection, that people could cross the road or continue north. So, the purpose of the pathway is to go north. It could at the end of that pathway that the applicant is proposing go around the drainage facility and, then, come out again on Ten Mile. De Weerd: Okay. Thank you. Any other questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, no matter how many times you look at these agendas, I noticed as we were discussing this that -- I'm sure all of you noticed the Comp Plan amendment probably needs to get done before the other two items, so when you get to that part of your discussion we just need to reverse that order. De Weerd: Okay. Would the applicant like to make comment? Elg: Good evening. Meridian City Council May 26, 2010 Page 18 of 79 De Weerd: If you will, please, state your name and address for the record. Elg: Sure. My name is Van Elg. I'm with the Land Group. 462 East Shore, number 100, Eagle, Idaho. Representing the applicant this evening. Madam Mayor, Members of the Council, it's been awhile since I have been before you. We are glad to finally be here. We -- Sonya, could you go up -- can I put up on the screen what you see up there? Which one do I speak out of? De Weerd: It's your choice. Elg: Could you put the overall -- the master plan up there? Yeah. Well, that's fine for right now. That one's good. I'll try to be brief with some of the comments that -- that I had this evening. As I -- as we went through this application with Planning and Zoning Commission, there was some concerns, obviously, about three specific points of interest. One was the approval, as our concept plan shows here, for some potential drive-thru quick serve restaurants. The second was the Williams pipeline easement. And third was the access to Ten Mile Road. Other than that I think that the Planning and Zoning Commission was comfortable and staff has been wonderful to work with in getting us to this point. I think what we are presenting to do is a -- given the market that we are in, the buyer that has purchased this property from the South Ridge developer -- the original South Ridge developer and is a -- is a reasonable alternative -- not reasonable, a great alternative to what was originally there and complies more with what the city has envisioned, I believe, in this area. The issue that we have before us right now -- let's talk a little bit about our access to Ten Mile Road. When we originally submitted plans for South Ridge, as this process was rolling forward -- and, of course, remember this has been -- this had been ongoing process for years -- our plans showed an access, a right -in only, to -- off of Ten Mile for northbound traffic. That right -in only we felt, as does the developer, is an essential part for a commercial -- a budding or developing commercial development, whether it be a campus community that would develop in the future on the site as is anticipated and for any commercial development that might desire to be closer to the intersection of Ten Mile and Overland Road. I think you could probably stand up almost any developer here and I'm sure you can all see the wisdom and know how important it is for a property to have convenient access. When you look at the access that we have off of Overland Road, we have one access that comes in that -- for anybody entering the property from the west, it requires another left- hand turning movement across traffic. This right -out turn lane for those that are northbound, instead of having to turn on Overland and, then, westbound against traffic -- or left against traffic, would provide them the opportunity to flow freely into the development with a right -out. Again, if we were to develop this site with a campus -type feel, we believe that that's an essential element to have some convenient access. Now, back to our plans. We submitted and discussed with ACHD the plan for the right -out. I chatted with Gary Inselman. Gary Inselman said he felt that he could live with that given the offset that we have there and believed that that was an acceptable option for us. We proceeded forward with construction. At the time of construction I don't recall who was the ACHD representative or inspector out there at the time, but he indicated Meridian City Council May 26, 2010 Page 19 of 79 that he couldn't approve that access, even though it was approved on the plans, without Meridian city first approving it, which is probably an appropriate step and I think that's -- that was a good move and we are here today to talk to you about that -- about that option. So, ACHD has since submitted some letters and I think Sonya presented one that says that they don't approve that, but I did present information to Sonya showing that they had signed off on the plans and that it did show a right -in, right -out there at the time. So, we proceeded fully, as has the developer and the buyer of the property, with an understanding that a right -out would be an acceptable option for that site. Now, as Planning and Zoning Commission and staff has pointed out, Council is the only body that has the authority to waive that requirement and so we are here today to ask you for that opportunity. Now, we don't necessarily need cart blanche. We understand from Planning and Zoning Commission that we are going to have to hit it out of the park with a plan that comes in. The concept plan that you see before you, as we have mentioned to staff and has been pointed to P&Z, is really conceptual in nature. We are presenting a plan showing what could reasonably happen. But given the market and the economy today, it's tough to know exactly what will finally develop there. But this is to our best guess, a plan that the developer bought off on and felt that could reasonably develop. Of course, the -- some other options that will occur, as right -out develops we may have to provide another access across the Williams pipeline. As you know, the -- the canal has recently be straightened out, which provides us a lot more opportunity and much more flexibility on that site for development of that entire property. It's tremendous -- or fantastic change to that site and with that I think we are going to find that we will have a lot more -- as things begin to turn around, we are going to find that things are going to heat up and we are going to have a lot more opportunity for development there. And as mentioned by staff, we will be back with development agreements and everything else that we need for the development of that site. But with that we will most likely have some sort of a -- crossing that will occur there, there will be some sort of connectivity to that site and, again, that's why the right -in, right -out is so vital to us there. With respect to the drive-thrus, again, conceptual plan. We don't know if we will need three drive- thrus and we explained that we need two. We don't know if there will be -- officially if they will be quick serve, convenience stores, or restaurants. What we do know is that in this location and what we firmly believe is in a -- that C -C type zone, that drive-thrus are an essential part of many businesses, not just quick serves, not just convenience stores. We could have a drycleaner -- I mean I don't know what other uses, but there is a number of other uses that could provide -- or could be serviced by a drive-thru. So, as we pointed out to Planning and Zoning Commission, they, again, said we just -- we are just asking for the opportunity to present it. Rather than kick it out now, let us bring in a plan and, again, hit it out of the park for you and if you're comfortable with it at the time, then, you can approve it. They felt that maybe the best way to do that is just to say that all drive-thrus require a conditional use application and we are comfortable with that, if that's what it takes. If you want to limit the number of drive-thrus I think we could probably come up with that -- we could live with something like that as well. But we are asking you to allow us some flexibility, especially in such a difficult environment, to entertain and to plan for all contingencies on the site and bring something back to you that we believe -- and future owners and developers believe will be agreeable and amenable to you folks. The Williams pipeline is the -- is another issue that was brought Meridian City Council May 26, 2010 Page 20 of 79 up and I think it was brought up more in passing, but I want to make sure that you understand that the developer and our engineers have been in contact with Williams. We have been since the beginning of South Ridge and we all were aware that they are there and when things begin to develop we will develop that site in accordance with the requirements that our local codes and with the easement that's in place for the site. If we don't, we simply won't get approved, because there is a requirement in the conditions of approval for Williams pipeline approval. So, I don't -- I think that issue is really not a significant issue, although I think we are probably sensitive, because of the BP stuff going on right now, too. But we will -- we will address this as carefully as we can and with all diligence in accordance with all the provisions that are in place. There is some question about the -- this is a new item, I guess, regarding the multi -use pathway and the developer has been talking with the city, he's talked with the economic developer with parks and recreation, with staff, as I understand it Sonya and is comfortable -- as Sonya said, we are on board with the pathway. I understand -- as somebody mentioned how wide the pathway is currently that's shown there, it's at seven feet. We understand it's a ten foot pathway that they are requesting and we are on board with. The -- Diane Bevins over at ACHD spoke with Jeff Blackstock, one of the developers -- one of the partners in this and they had indicated that -- she indicated to Jeff, although we don't have it in writing, that they are more -- they are fine, even comfortable with putting a ten foot pathway that is attached along Ten Mile Road. There is room to do that and we are comfortable with that, too. It seems to me as I look at the -- the option to bring the pathway all the way around, that we are adding additional -- quite a bit of additional expense to bring that pathway all the way around that -- that pond, plus it's just inviting -- it's not a -- it's not a pond that is there for beauty or for anything other than it's a drainage pond and, you know, it may be dry and depending on how ACHD maintains it, it's their pond and I just don't think that we need to have a multi -use pathway circling a drainage pond that's -- that's not really -- it's not this green, lush, little pond that's going to be there. And the extra expense of this just doesn't make sense to me at this point, especially if ACHD is willing to allow us to make a connected ten foot pathway and everybody gets what we need ultimately anyway. And we can still provide the -- all the connectivity that's required. So, with that, that's our -- I guess one of the key issues that we have to present before you today and I'll certainly open myself up for any questions that you might have at this point. De Weerd: Thank you. Council, questions? Mr. Rountree. Rountree: Madam Mayor, thank you. I have a question either for Van or staff, but I'm still not sure what ACHD's position on access on Ten Mile here and we read on the handout it's not going to happen and, then, I hear that there has been discussion and it is going to be approved. So, what's the final analysis or is it still up in the air? Watters: Madam Mayor, Councilman Rountree, Councilmen, from what I understand from Mindy Wallace at ACHD, the plans that Van referenced were an earlier set from 2008. The plans have been since changed and there is -- the as -built plans show no access to Ten Mile and the staff report from ACHD for this project has specifically Meridian City Council May 26, 2010 Page 21 of 79 prohibited access to Ten Mile and is the previous and current development agreement for this site. Elg: Madam Mayor, Councilman Rountree, if I might. The plans do show and the as- builts do not -- I mean the plans do not show and the as-builts do not show the right -in, right -out. That's correct. We did that, because ACHD said we -- we had an approved set of plans and they said you can't have it, unless City Council approves it. That's what we were told. Gary Inselman told us we had it and approved the plans. The approval with the stamp on it is there and that's the plans that were built to. They just put a concrete curb in front of it. It just wouldn't happen. So, I guess what I'm saying is let us -- if you would, let us go back to ACHD with your consent that a right -in, right -out is okay and see if we can get it -- if you don't approve it, they don't approve it, but at least we have the opportunity to discuss it again and -- because they did approve it and we have the evidence of that submitted for the record as well and now there is some -- there is some confusion internally as to ACHD -- what they did or didn't approve and we would ask that you allow us that opportunity once we come back to you with our development plans to present it and say we have got their approval, we have got their blessing. But they are not going to move forward unless City Council says that it might be okay. That's what they told us. De Weerd: Follow up? Rountree: Do we have anybody here from ACHD? I don't see Gary. He's not in the audience. I'm just confused with -- I guess they have opted to give control back to the city. I don't understand that, because it hasn't happened in the past. De Weerd: I don't think you want me to comment. Rountree: Well, I know. I'm just confused what -- the spot that they have presented, because we could go one way or the other and appears that they still hold the final say. I read from ACHD they have said no. Elg: Although there is another plan approval that says yes. So, I -- it is a little bit of a quandary. So, we ask you to allow us, if you could, Madam Mayor, Commission -- Councilman Rountree, let us work this out -- this detail out as these plans unfold in the future, as we get developers to look at these sites and want to develop them. I'm not saying it will, but we may perhaps have somebody who -- it's not a quick serve restaurant, it's not a big deal, but if we have a campus that wants to come in and wants to develop on that site, I think you can see how vital that right -in, right -out's going to be and that quick access to Ten Mile Road, instead of having to force everyone back up to Overland, up to the intersection and out. Friedman: Madam Mayor, Members of the Council, if I might throw in another opportunity in order to move this forward. As Sonya pointed out, the restrictions on the access are based in code and as Mr. Elg has indicated, their plan is conceptual right now, so if Council chooses to leave that provision in the development agreement and Meridian City Council May 26, 2010 Page 22 of 79 they come back with a new development scheme and an opportunity to talk with ACHD, they could always either pursue a development agreement modification if the Council is to approve it with a restriction similar to the existing development agreement, or, conversely, if it doesn't go into development agreement, it still remains the code requirement at least today and if they were to come in with a CZC, typically the staff would, in an instance like that, would -- in going through our analysis of the development and if it still showed an access to Ten Mile, we would most likely deny that they can seek Council's review at the time and in that case you would have a specific development before you to handle that and a decision upon. Elg: Madam Mayor, Council Members, I see what Pete's trying to accomplish there and I think that's a great idea, but the problem that we are vexed with is that ACHD is not going to give us an approval unless they know that City Council is okay with the right -in, right -out. Their letter -- their recent letters have indicated that. But as Council gives them the direction that says we may be okay with this, we ask you to reconsider this. We may have the opportunity.. They are not going to consider, though, unless we do something -- unless you do something about that right -in, right -out access. That's what the inspector told us. So, it's going to require -- the access is going to require an approval from ACHD. Now, that's what the inspector told us that is going to, again, approve it, but at least we removed one of the variables that's caught us in a -- we are caught in a round -- you know, in a round robin here, we can't get ahead of the circle. De Weerd: So, then, what plan was it in that they were okay with? Elg: Sonya, do you have that one? Watters: Madam Mayor, Member of the Council, I have it. I can put it on the overhead. It was dated November 18th of 2008. Elg: Can you see that? It's the lower left-hand corner of the project -- of the design there. Stamped approved ACHD. It's been highlighted in yellow where that right -in, right -out is. De Weerd: Okay. Council, any further questions? Mr. Hoaglun. Hoaglun: Van, just to switch gears a little bit. On the pathways and the sidewalk, I have heard two different versions there in terms of where the pathway would be located. One would be ten foot attached up against Ten Mile and yet some of the things are calling for it to be detached, having a space. What -- Elg: In that location -- Madam Mayor, Councilman Hoaglun, in that particular location, as I understand it, the -- Diane Bevins indicated it would be an attached ten foot pathway there by the -- by the drainage pond. Hoaglun: I know we are developing pathways throughout the city and different things, you know, that pipeline easement is kind of a natural -- it's not a water feature, but it's Meridian City Council May 26, 2010 Page 23 of 79 just kind of a natural thing, because we can't be building on it, any structures, but to include pathways and I don't know if that is an option where instead of the ten foot along Ten Mile -- because traffic -- that's going to be a busy road and that's why we got concerned about access and different things and we move that to -- to where they can access -- it is still five foot along Ten Mile, but to have that a ten foot, I mean if you're already going to build a seven foot, you save five on one side and add three together, you know, I think we all win on that, but, you know, it sounds like, Sonya, what I have heard you say was the pathway coming up Overland going west was going to be on the south side of that road, so there would have to be a crosswalk, some sort of mechanism to get people across if we were to do it that way. So, that kind of -- and because I was also think if the requirement was going to be to go around that drainage basin and drainage basin is probably a better word than a pond, because, you're right, it's not going to be a pond as people think of a pond. What's to bring it in and attach it to the -- to the pathway that you have there if -- if that was going to be required and still having two pathways, just bring it in, attach it to that one, make it ten foot and, then, run it back out to -- out to Ten Mile. Elg: Detach it from Ten Mile there by the -- by the drainage basin -- Hoaglun: Right. Elg: -- run it directly east -- northeast, connect to our pathway, which goes out to Ten Mile anyway. Hoaglun: Exactly. Elg: I think we are probably okay with that. Hoaglun: And that just -- but say ACHD will stand by the five foot sidewalk, that's still there, but the pathway itself would be tied in and tied into that and it's a little bit of savings for everybody and we got a nice -- a nice feature where people can bike and walk and those sort of things. So, that's an option I was looking at as well, but -- but, yeah, detached and attached, those are -- those are two different things there and there is some property that has to be added to that, if that's the requirement, so -- De Weerd: Well, Mr. Hoaglun, I guess, you know, it shows a ten foot wide detached sidewalk. That's going to be a busy road and it's got an elevation on it as well. You know, I -- to me, it's detached in light of public safety and I'm sure our police department would probably agree, is that the detached element is -- is much more desirable in light of the amount of traffic that will be going up and down that road. I would almost wonder if -- well, yeah, I'm not going to redesign it. Friedman: Madam Mayor and Council Members, if I might put a little bit more light onto this. Meridian City Council May 26, 2010 Page 24 of 79 De Weerd: But, Pete, too, if you will address -- I don't know why you want to loop around a drainage pond. The drainage ponds I have see are really ugly and -- Friedman: I agree. Just -- this came to light this afternoon before, because we had the Ten Mile pathway plan shows the pathway going up Ten Mile and we didn't have the ability to get the ten foot wide pathway along Ten Mile until we got the news this afternoon that they were willing to participate. So, yeah, our feeling is if you can do the ten foot detached sidewalk -- pathway from intersection of Ten Mile and Overland, up to where it meets the drainage pond and, then, you would have a section there -- because there is not enough room between the pond and the road to detach it, so we would have a short section there that would be attached, if you will, then, it would detach again once it leaves the drainage pond area and as it traverses north up to the -- joining the seven foot sidewalk from the interchange. De Weerd: Well, I guess, Pete, why would you put the five foot wide pathway in there anyway, if you can get them just to go down that and, then, on the south side of the drainage pond to connect to Ten Mile, it's just a slight jog and, then, you keep people off of a narrow piece anyway. Friedman: Madam Mayor, Council, I think the concern was where they would cross Overland over to join that pathway along the gas line easement, you would have an uncontrolled crossing there. De Weerd: Well, I just mean take out the -- the area you say is five foot wide detached pathway by ACHD, because you don't have enough for ten feet. Remove that completely and you're continuous with the more -- it would go down Ten Mile, then, it would go east of the drainage pond and, then, south of it and, then, reconnect to Ten Mile and go on down. So, then, you wouldn't have any sidewalk between the drainage pond to the west to Ten Mile. Am I making any sense? Friedman: ACHD may put the five foot sidewalk in, but our pathway would, yeah, do that -- De Weerd: Then, it's just a real detached sidewalk. Friedman: Five feet wide. De Weerd: No. It's a detached sidewalk on the other side of the drainage ditch Friedman: Well, that's true. Hoaglun: And, Madam Mayor, that's -- De Weerd: Maybe it just makes too much sense. Meridian City Council May 26, 2010 Page 25 of 79 Hoaglun: I guess, yeah, the one down the side is the uncontrolled pedestrian access that Pete pointed out that if we made that a ten foot wide all the way across -- we are just thinking here. What I was thinking, instead of having ten foot -- yeah. Van has the one up there. But, yeah, you know, to use the ten foot all the way across just to keep people off of Ten Mile, yes, you have the five foot along Ten Mile, but -- there. So, if we go detached ten foot where, Van, you just pointed out from Overland Road in the red to where the drainage pond is and, then, that's ten foot and the ten foot connects into the -- the pipeline pathway and, then, make that ten foot -- yeah. And I guess ACHD may require five foot there. I mean if they do they do, there is nothing we can do about that and, then, just attach it to your pipeline pathway and make that ten foot and that way at least there is a little bit of savings of having two pathways, a pipeline, and going around the basin and, then, attach it back into the ten foot where it shows on the deal, so -- Elg: I think we are still going to end up participating in the five foot pathway here, this pathway here, and, then, another pathway back -- you know, of course, this pathway coming back around here. So, we are still constructing a roundabout around that pond in effect. We are saying if we can eliminate -- I'll get a different color. If we can eliminate that leg and ACHD's indicated that they believe a -- that's not a very good color, is it? A ten foot detached -- or attached sidewalk right here, is ample room, and would provide that connectivity back up here, then, it comes back to a detached up here. De Weerd: I guess we have -- we have primary responsibility for public safety and a attached sidewalk on a busy road is -- is just as insane as the suicide lane in the middle of a busy road. You know, I guess that's a personal feeling and I don't think the city -- well, I'm assuming. I don't know if the city has told you we want a pathway along the easement. That's something that you have built in. That's a long linear grass amenity, that -- are we asking that theirs would be halfway along that -- Watters: We are not requiring a pathway within the gas easement, no. De Weerd: Yeah. So, I mean this -- this is more of a priority than the path along the easement. You can easily remove that. Zaremba: Madam Mayor? De Weerd: I'm trying to help you to remove pathways and that goes against my grain. Yes, Mr. Zaremba. Zaremba: If just wanted to throw in my support for what I understand to be your suggestion and I would couple that with insisting that there be no sidewalk between the drainage basin and the road. I don't think we even that want option, even whether it's five feet or three feet or ten feet. If we agree that the ten foot multi -use pathway is going to go around the drainage basin to the east, whether it uses the pathway you have already planned in the easement or not, it makes sense to me to use the pathway Meridian City Council May 26, 2010 Page 26 of 79 in the easement, but I would couple that with the condition that there would be no way to walk along Ten Mile Road between the road and the drainage basin. Elg: So, you're saying basically like this and eliminate this all together. Zaremba: Yes. De Weerd: Yeah. And I would almost do it on the other side of that island if you do get the right -in and right -out. You -- you're saving them from crossing that and only at one point, so -- Elg: So, come back -- come back behind the island here. De Weerd: Yeah. Elg: Okay. We can work on that. De Weerd: You can't see on that. It was worth a try. Thank you, Jaycee. Rountree: Madam Mayor, I just have to comment that I suspect that for maintenance and whatnot, that ACHD is going to want the hard surface between that drainage basin and the back of curb, since that's going to be urban section and whether it's the flat top of a vertical curb or a ten foot wide sidewalk down that, we folks, by our very nature, will go from point A to point B via the shortest route. So, people will be walking along Ten Mile, I can guarantee it. You can see it out in our landscaping in front of the building and any building where there is an opportunity to take two steps across the grass, as opposed to use the sidewalk. So, you know, I don't disagree with what you're saying, but I'm not sure how you keep people from walking down Ten Mile. De Weerd: And there will be -- you just don't want to invite it and, you know, people will walk through bark or over shrubs, but we can minimize the numbers at least. I don't know -- what are your thoughts on that, the trying to minimize the tasks or the pavement certainly, but -- our city has really tried to maintain the detached approach, in particular near these extremely busy roadways. Elg: Uh-huh. We come with a potential pathway -- to come with a potential pathway up here and up here, then, it's got to be ten foot all the way back here. So, we would be constructing -- and, then, if ACHD still requires us to go in here, we have still got to loop around that -- De Weerd: Well, I would agree with Councilman Zaremba to make a statement of our preference that there be no invitation to stay close to the road there. Elg: Are you okay with that? Yeah. I think Justin Blackstock, if you don't mind, one of the owners, would like to -- Meridian City Council May 26, 2010 Page 27 of 79 De Weerd: Respond. Elg: --respond. De Weerd: If you will, please, state your name and address for the record. Blackstock: Justin Blackstock, 2238 West Piazza, Meridian. De Weerd: Thank you. Blackstock: Okay. So, the deal with the pathway -- we are not opposed either way. I mean whether we do a ten foot around the pond -- the only one that came up this morning was ACHD is going to build -- if we don't do a ten foot attached, they are going to build a five foot detached. So, the conversation, really, was -- is it a waste to go around the storm drain with a ten foot when you're going to have a five foot anyway. I mean if people are walking down that road, are they really going to walk around the storm drain pond and back out or are they going to take the five foot sidewalk that's going to be there anyway. I don't know that any of us can say at this point whether they can or can't build that five foot sidewalk. They have already designed it and have a plan for it and I don't know -- you know, maybe you guys can help me with that, but that was the conversation with Diane this morning. I mean we are fine with whatever. I mean we are not trying to get out of the pathway. We anticipate a seven foot pathway on that Williams pipeline. You know, we want to encourage foot traffic in the development, so we are not -- we are not opposed to any of the pathways, it just might not make a lot of sense to have a five foot detached sidewalk, you know, probably a ways from the ten foot pathway around the storm drain pond. So, I think that's really the only question. De Weerd: I think we are agreeing with you and would like to discourage ACHD from that requirement. Elg: Okay. De Weerd: And we can put it in our findings and certainly be willing to write it in a letter and -- Friedman: I think that would be most appropriate, Madam Mayor, Council, I think if that's your inclination, your inclination is to approve this, then, we can certainly change that recommendation where we just delete the whole sentence about participating with ACHD and just leave the condition that it go around the back of the pond there and, then, for your separate action draft a letter to ACHD expressing the Mayor's and the Council's concern about that sidewalk along Ten Mile Road. Hoaglun: But as I understand, Madam Mayor, if they put in the five foot, it will be detached, which meets the safety requirements, but we were saying, well, we want a ten foot one, there is not enough room, if they were going to make it attached, it, then, Meridian City Council May 26, 2010 Page 28 of 79 becomes a safety issue. So, we are kind of -- well, what are we going to do with that, so -- De Weerd: Write a letter. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not that we need to engineer this, but one possible solution to what Councilman Rountree suggested is that -- that they will want hard surface access to this pond, there are a number of places where they have just small pads, that it wouldn't have to be -- that their access wouldn't have to be a sidewalk that goes the whole length of the pond, it could be a ten foot by ten foot pad that they could get a truck in. I mean they have done that other places. Just a thought. De Weerd: Yeah. And I don't know if they will want an access to it off of a busy road. They will probably go more interior, if it were me. Unless they just like danger. Hoaglun: Through that right -in, right -out long Ten Mile, I'm sure. De Weerd: Yes. The accelerating lane. I think we have beat that one to death. Elg: Thank you for your -- De Weerd: Council, did you have any other questions, other than the sidewalk at this point? Hoaglun: Madam Mayor, I did -- one quick question for Van. We talked briefly about -- you talked briefly about the drive-thrus and you understand the need for flexibility. You thought -- one of your suggestions was maybe we could determine that, well, it's only going to be a limited amount. Did you have a number in mind what you might be flexible enough to allow you to do what you need to do without -- Elg: Going overboard. De Weerd: As far as the -- you said we would grant one and anything over and above that would be a conditional use permit or -- did you have anything like that? Elg: No. We were thinking that -- we have requested three, we would like that, but if we -- if we can get two, that's great. But this option, if we can have one and come back with conditional use on the others, we can live with that. We just -- we just need the flexibility to have -- or present some drive-thrus that might be essential to somebody who wants to develop on this corner. Meridian City Council May 26, 2010 Page 29 of 79 De Weerd: Pete, with drive-thrus do you have design review? We have seen horrible examples all over this city of drive-thrus and how not to do it. Friedman: I agree. We are getting there. I think we have had some examples of some better ones recently and we are always learning. Hopefully, our design guidelines are helping us out on that. I think one of the bigger issues, in addition to this, the esthetics I think that you're talking about is the place hunt, because oftentimes they are trying to put them between the road and the building I think we can mitigate some of that through landscaping and so forth, but I think to address what -- if I hear your concern is directing some of the architectural style and detail and so forth -- De Weerd: I think it's Jimmy Johns that -- Friedman: That was a bad design. I think there are some others that are working fairly well, but they are a little bit closer with that. I think in order to build upon what I'm hearing Council say, all drive-thrus typically will require conditional use permit regardless. Council won't see those, those will go to Planning and Zoning Commission only. So, if you're -- again, if your pleasure is to either set a base and, then, allow them to go forward conditionally, you may never see those again. That would be P&Z, typically, on a Conditional Use Permit. And the basis of our recommendation on that was going back looking at the Ten Mile plan, looking at the intent of the mixed employment area, so that, you know, we saw accessory restaurants, retail and so forth, and office campus type environment, rather than a multitude of drive-thrus that would be more focused towards that drive by public, rather than serving the customers and the workers within the mixed employment area. De Weerd: Well -- and, Pete, that make sense north of the state where most of that plan contemplated, because you have the larger tracks. This is more southeast to a certain degree in its use, so I guess -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Van. Would you be agreeable on drive-thrus -- I think it's very important that they go through CUP to everyone of them. I wouldn't want to award you a single one without going through a CUP, because the fact is the layout to me is a very -- most important thing in a drive-thru, how -- the location and how you present it and how it goes. So, would you be in -- willing to live with that? Elg: Certainly. And we expressed that to Planning and Zoning Commission as well. think one important point to remember, Madam Mayor, Councilman Rountree, is that -- sorry. Councilman Bird. Sorry. Is that I think a lot of these drive-thrus that you have had were approved before -- were probably done, for the most part, before your design review ordinance got kicked in as well. So, there is going to be some of those -- there is Meridian City Council May 26, 2010 Page 30 of 79 going to be another level that is going to control how these drive-thrus look and how these buildings look, for that matter. De Weerd: I guess Carl's Jr. is one of those, but Jimmy Johns, I -- that's death. Death by sandwich. Hoaglun: I thought you were referring to the Papa Murphys on Fairview by Idaho Athletic Club. De Weerd: We have a lot of good examples. Okay. Anything further from Council? It is a public hearing. Is there anyone who would like to provide testimony? Okay. If there is none, do you have any further comment? Elg: Just thank you for hearing us tonight. Appreciate it. De Weerd: Thank you. Okay. Council, do you have any additional information needed from staff or would you like to discuss it before closing the public hearing? What is your pleasure? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Before we close the public hearing, we may need to have Van come back up, but it seems like the outstanding issue is who has got the ball with Ten Mile access, whether it's us or ACHD, and it appears that ACHD is waiting for us to make a move. I would suggest that if we are inclined to look at a right -in, right -out, that we not create the same situation with right -in, right -outs here that we have on Eagle Road that we all saw evidence of in the random aerial photo that we saw not long ago from ITD with the proposed project they had on Eagle Road with the installation of the median barrier. I would propose if, in fact, we do entertain that, that there would have to be a decel lane on Ten Mile for a right-hand turn into the right -in only, so those folks exiting on the right turn exit have an opportunity to get in the travel lane, because it's awfully difficult with somebody coming down Ten Mile or any road where there is two lanes and one of them is turning in and somebody is not signaling, so you don't know whether you can merge into traffic or not. So, it would be nice to see an acceleration lane as well, but I don't know that that's going to be accommodated with the need for a drainage basin, let alone a deceleration lane. And I'd also like to see raised medians on Ten Mile at that point be of sufficient length to discourage the left-hand out and the -- which will happen if it's not prohibited by something other than a sign and I guess that's my comments that I would want to see as a minimum if that were to be allowed. De Weerd: This is still open. Would you like to have any comment from the applicant? Rountree: I guess if Van wants to comment on -- on those remarks, I -- Meridian City Council May 26, 2010 Page 31 of 79 Elg: I will be brief. My understanding when we talked with Gary in the initial design we didn't have a deceleration lane there, because of the -- it was designed with a short offset here and the feeling was is that that traffic is not going to have a good head of steam coming up around that -- on that lane there and require the deceleration lane to get out. And I think there is -- there is several places where that functions like that. I guess you can think of -- although we don't like to make references to Eagle Road, but, you know, there is some ham bones like that that function fairly well without a deceleration lane. Rountree: Of course, my response to that, that works real well from a red light, but when it's a green light and you're going 40 miles an hour, it doesn't work very well coming through the signal. People are concentrating on getting through the signal, not about somebody slowing down or turning that short of distance from that intersection and it's going to be in the intersection, you're going to have people making a right-hand turn from a stop off of Overland onto that, so you're doing to have a lot of potential conflicts right there and it's -- well, it's worrisome to me and I'm not out there on patrol and I think -- I see our police lieutenant's head shaking, that that's where the accidents happen. Elg: Well, given that concern and knowing that we probably can't get the acceleration lane there as you mentioned, I think we would be willing to -- if Council could say we could consider a right -in, right -out here that with a decel lane and we present that -- now, I guess I should point out -- and I'm sure you're all aware of this, but the letter that you received from ACHD is not a final -- not a formal letter, it just says if we had a development in today this is something that we would probably -- how we would probably respond. That's the way they do that until you actually have an official application in. But given that Council -- this allows Council to present this -- you know, this option that says we will consider right -in, right -out with a decel lane and, then, it gives ACHD an opportunity to approve it. Maybe they won't -- maybe they still won't, but at least we take out one variable so that we can move forward and not get stuck. And we are more than willing to look at that decel land as well. Rountree: How about the raised median? Elg: That one is already designed -- I think the median is already past that, if I remember right, so -- Rountree: I couldn't tell from the teeny tiny print whether that was a striped median or that's actually a raised median, so -- Elg: It think there was a raised median. It's beyond that, if I recall, but -- Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council May 26, 2010 Page 32 of 79 Bird: Van, while we are talking about that, if we -- if it was -- if we did give you a right -in also, how about a merging lane? Elg: A merging leading north -- north for north bound? Bird: If you're going right out -- Elg: Yeah. I don't think we have the room, because that's going to be ACHD's pond right there. Bird: Right of way. Elg: Yeah. That would be their -- Bird: Yeah, you wouldn't have -- Elg: I don't think we have the room, because that's going to be ACHD's pond right there. Bird: Right of way. Elg: Yeah. That would be their -- we actually have to dedicate that to them. Bird: Yeah. You wouldn't have -- Elg: I don't think we will have room. Hoaglun: Well, if there is no sidewalk there, I mean -- Bird: Eliminate the sidewalk. Hoaglun: That's right. Rountree: Have a motorcycle acceleration lane. De Weerd: Anything further, Council? Rountree: That was my only comment. Bird: I have none. Elg: Thanks again. Bird: Thank you, Van. Zaremba: Madam Mayor? Meridian City Council May 26, 2010 Page 33 of 79 De Weerd: Yes. Zaremba: Just to throw my two cents in. I would be happy to have ACHD consider the right -in, right -out, as Councilman Rountree has described it, but I would add one other thing that we would -- we are phrasing it that we would consider it, but it would be up to their engineers if it meets all the safety standards. Rountree: Definitely. Zaremba: Distance from the intersection and there is a terrain change in there someplace that visibility is an issue. Rather than say we would recommend the right -in, right -out, I would phrase it that we would consider it if it meets engineering safety standards. Hoaglun: And just a comment further. I agree with that approach to the right -in, right - out and meeting the safety standards and see if that's something that can be developed and give them an opportunity. Drive-thrus I think Councilman Bird had a good recommendation, do it through the conditional use process and see if we can accommodate some of those that way by taking a look at it and going through design review and those processes and make that happen and -- and have a ten foot wide detached pathway from Overland Road coming down and, then, scooting around back behind that basin along the pipeline path may be the best option we have for that and what ACHD does going in a straight line is what ACHD will do with a straight line. If we want to recommend certain actions, I'm open to that, but we can only control what we can control and I think that going around and making that ten foot and tying into the pipeline pathway would be a good approach to that, so -- De Weerd: Okay. Well, Council, if you would so desire, we could close the public hearing on this and you can address each of these three items first with the CPA. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Do you want to close? I move we close Items 9-C, D and E. Rountree: Second. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearings on 9-C, D and E. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council May 26, 2010 Page 34 of 79 De Weerd: And as our city attorney noted, we need to address Item E first. Hoaglun: Madam Mayor, just to make an inquiry, I think that would -- that approval -- that does not contain any of the issues or items that we have been discussing, does it? So, Madam Mayor, I would move approval of CPA 09-010. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Okay. Items 9-C and D. Hoaglun: I guess, Madam Mayor, I want to inquire -- or, Council, the annexation and rezone for these issues, which -- which one would they be part of? Friedman: Madam Mayor, Council Members, that would be Item D, the rezone. Hoaglun: Thank you, Pete. Appreciate it. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: For clarification on the comments I heard for the item C, the annexation, it was understood that annexation was coming forward without a development agreement and it should be stated that upon annexation there is understanding and agreement with the applicant that there will be DAs developed in the future as it comes forward. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have a question for Mr. Nary. That the annexation is our opportunity to ask for a development agreement. Do we need a development agreement that states that there will be a future development agreement? Nary: What I thought I heard was, basically, the annexation right now is really just -- this district, so any future development that's going to require a rezone, which, then, is also an opportunity to do a develop agreement. Is that -- okay. Meridian City Council May 26, 2010 Page 35 of 79 Friedman: Madam Mayor, Councilman Zaremba, I can address that. The reason we did not recommend the development agreement for this annexation is because it's a very long narrow skinny piece. It's about 130 feet wide at its widest point, by the time you add pathways and some other things it's just not realistic to expect the annexation and the zoning tonight. The larger piece that you approved for the change to the ME Comp Plan designation still requires a future rezone and it's our anticipation that when they come forward with that rezone that we would, then, have a master plan that includes the bulk of that ME area, plus this small sliver, so -- Zaremba: Thank you. Hoaglun: So, with that explanation, then, Madam Mayor, I would make a motion that we approve Item 9-C, AZ 09-010. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-C. Any discussion? Rountree: None. De Weerd: Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. De Weerd: Go to Item 9-B. Hoaglun: Well, I can give this a try, Madam Mayor. I move that we approve Item 9-D, RZ 09-006, with the following: That we would recommend approval of a right -in, right - out to ACHD on Ten Mile with safety considerations, including a deacceleration lane, medians to prevent left-hand turn exits and any other safety items that ACHD would see fit. That we also consider drive-thrus through the conditional use process when that time comes, when it moves forward, and that a ten foot wide detached pathway is added from Overland Road down to the drainage basin, coming back behind the drainage basin and continuing along the pathway easement where ever is best suited for a ten foot pathway back to Ten Mile Road and that we recommend to ACHD that any way to discourage pedestrian or bicycle traffic on -- along the -- between Ten Mile Road and the basins be recommended. Did I get that one right; Madam Mayor? And I think that covers it. Rountree: I will second that. Meridian City Council May 26, 2010 Page 36 of 79 De Weerd: Do you have a comment? Rountree: I just was going to ask the maker of the motion if he would also stipulate that our recommendation on Ten Mile be subject to ACHD's engineering and traffic engineer approval. Hoaglun: Yes. Madam Mayor, Councilman Rountree, yes, that definitely was part of what I intended to make in my motion, so -- Rountree: Thank you. Hoaglun: Definitely want to include that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, to the maker of the motion, I may not have heard it correctly, but believe I heard you say that we would discourage anything that would have pedestrians between the drainage basin and Ten Mile. Do we specifically want to request that there be no sidewalk there? Hoaglun: Madam Mayor, Councilman Rountree -- or Councilman Zaremba, my -- it would be a recommendation to ACHD that they discourage that and not have that pathway there, but -- Zaremba: By not having a sidewalk. Hoaglun: By not having a sidewalk. We could amend that to -- to go that way. I'm good with that. De Weerd: Second agrees? Rountree: Second agrees. De Weerd: Okay. Thank you. Any further comments? Madam Clerk, roll call, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. F. Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Meridian City Council May 26, 2010 Page 37 of 79 Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) G. Public Hearing: TE 10-015 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat De Weerd: Thank you. Items 9-F and G have been requested to continue and I would need a motion -- first, let me open the public hearings on MDA 10-005 and TE 10-015. And, then, I will ask for a motion to continue. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we continue MDA 10-005 and TE 10-015 until June 1 st, 2010. Rountree: Second. De Weerd: I have a motion and a second to continue Items 9-F and G to June 1st, 2010. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. H. MFP 10-003 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of N. Towerbridge Way, Approximately 1/4 Mile West of Linder Road: Request for Approval to Modify the Approved Final Plat to Allow Multiple Development Phases (3) De Weerd: Item 9-H is MFP 10-003. 1 will ask for staff comment. Parsons: Madam Mayor, Members of the Council, before I get started I just want to let Council know that we had several items on the agenda tonight for the Bridgetower Crossing development and so three of them are related and some of them are unrelated, so I just wanted to put that out to you as we move forward tonight. The first item that we are going to be discussing is a public meeting item and it is a final plat modification. You can see on the exhibits in front of you where the site is located. It's number 14 of Bridgetower Crossing. It's on the east side of North Tower Bridge Road and approximately a quarter of a mile east of Linder Road. The site is approximately 23.9 acres. And so with the modification request the applicant is proposing two of those tonight. The first is to incorporate a new common lot, which is adjacent to Lot 1 and Lot 19 and I have highlighted it here on this exhibit for you. The reason for the addition on Meridian City Council May 26, 2010 Page 38 of 79 the common lot is to accommodate their new drainage plan for the subdivision per ACHD's new requirements. The addition of this common lot, it does increase the open space and all the lots still conform to the R-4 standards, so staff is supportive of the change, because it hasn't really diminished from the final approval -- the final plat approval that's already been reviewed by you. And the second request includes developing the plat in several stages. With stage one, if you look in the southeast corner, you will see three lots called out in Bridgetower 14 and the applicant would like to get that moving forward as quickly as possible. The infrastructure for those lots that already exists in the adjacent cul-de-sac to the west of this property, so we feel if we get this plat -- this stage of the plat recorded quickly, so that they can take advantage of the current housing market, with additional stages they propose on doing number 17, which would include 32 lots and, then, Bridgetower 18 would come in with 25 lots and the reason for the request is the applicant would like to move forward -- try to be flexible in moving forward with creating lots and so staff with the public -- Planning and Public Works have both come up with a creative solution, because this plat was already approved for 60 lots and with this application staff is recommending that they submit additional final plat, they will only have to submit three sets -- three individual sets that they might have for each stage and so staff has worked with the applicant to try to build that flexibility so that they could move forward with recordation of the plat. Again, because we did analyze this plat as a one lot final plate -- excuse me -- not a lot one final plat, but a one-third final plat, staff is recommending that the applicant get -- receive the city engineer's signature on all three sets prior to the submission of their final plat. With that I'd be happy to answer any questions you may have. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, would you go back to the aerial. Neither on the vicinity map or the aerial map do I see a road. Is there a road that would go to that three lot subdivision? Parsons: Madam Mayor, Councilman Rountree, there is already a road constructed. If you look -- Tiano Drive runs southeast and, then, goes up to a cul-de-sac here and that's -- those three lots will take access from that cul-de-sac to the west. So, right where my arrow is -- I apologize it's not blown up larger for you to see that, but there is a cul-de-sac in the roadway there and those -- that infrastructure is in place to serve those three lots already. Hoaglun: And, Mr. Rountree, since this is my neck of the woods, I was surprised to see it just because I thought that was part of the other plat and those three -- they are just like three lots that are waiting to be built on and part of that street. So, yeah, it definitely has access. Rountree: Thank you. Meridian City Council May 26, 2010 Page 39 of 79 De Weerd: Okay. Council, anything further? If there is no further information needed -- does the representative want to make any comment on this? It seems so straight forward I almost forgot. Christensen: Well, I'd definitely like to comment, even though I don't have much to say. My name is Chuck Christensen, Madam Mayor, Members of the Council. My address is 1904 West Overland in Boise. I'm here representing the property owner. We have reviewed the staff report and are happy to comply with all the conditions outlined therein. De Weerd: Thank you. Christensen: Council, any questions for the applicant? Bird: I have none. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no more testimony, I move that we close the public hearing on -- well, I guess it's not a public hearing, is it. De Weerd: No. Rountree: Then, I move that we approve Item 9-H, MFP 10-003, subject to staff comments and staff report. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-H. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. I. Continued from April 27, 2010: FP 10-003 Bridgetower Crossing Subdivision No. 17 by Primeland Investment, LLC Located 1/4 Mile West of N. Linder Road and 1/4 North of W. Ustick Road: Request for Final Plat Approval for 3 Residential Meridian City Council May 26, 2010 Page 40 of 79 Building Lots on Approximately 1 Acre in an R-4 Zoning District Group De Weerd: Item I, the applicant requests to withdraw the application on this. Council will need to make a motion to accept that request. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we accept the request of withdrawal of FP 10-003 on Bridgetower Crossing by Primeland Investment. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the application withdrawal. If there is no comment, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. J. Public Hearing: VAC 10-002 Bridgetower Crossing Subdivision Nos. 11 & 12 by Primeland Investment Group, LLP Located Southwest Corner of W. McMillan Road & N. Linder Road: Request to Vacate the Public Utility, Irrigation and Drainage Easements on the Interior Lot Lines of Lots 43-45, Block 32 and Lots 15-17, Block 36; AND Vacate a Portion of the Public Domestic Water and Sewer Easements on Lots 15-17, Block 36 Platted with Bridgetower Crossing Subdivision Nos. 11 & 12 De Weerd: Item 9-J is a public hearing on VAC 10-002. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject property is on the southeast corner of Linder Road and McMillan Road. The applicant is requesting to vacate some easements that were patted with Bridgetower Crossing Subdivision No. 11 and 12 and some history on this site. Several months ago Council approved Bridgetower Crossing No. 15 for the site, which included seven commercial lots. So, with the approval of that final plat the applicant was conditioned to vacate some of those easements, so they could proceed with development with No. 15. Here is the easements that are proposed to be vacated. The majority of it is the southern portion. If you recall, they came back and did a DA mod and a portion of the subdivision is now one larger lot and so there is some additional water and sewer easements that are not Meridian City Council May 26, 2010 Page 41 of 79 necessary for that lot to develop, so they are asking to vacate that. In addition, there are some interior lot lines -- or interior easements that are along the interior lot lines of those lots as well that the applicant is asking to be removed. They have gotten the appropriate relinquishment letters and, as I said, there are no infrastructure or utilities are within those easements and so to staffs knowledge there are no outstanding issues before you this evening and no written testimony. I'd be happy to answer any questions you may have. De Weerd: Okay. Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a clarification, because what we have printed in front of you is slightly different than the way you said it and that is that it says that the city sewer and water mains facilities within these easements are to be removed. I believe your verbal statement was that there are no facilities in there. Is that correct? Parsons: Madam Mayor, Councilman Zaremba, for correction, the five foot easement on the interior lot lines -- so, the dashed lines are in this section of it, does not contain any utility easements. The portion of the city sewer and water easements are those -- that square that you see on the southern half of this exhibit in front of you, those are the city services that are proposed to be vacated That will -- there will be -- Zaremba: What I'm not understanding is there physically anything there, a pipe or something that needs to be removed? Parsons: Correct. There is -- in the city sewer -- in the city's easements, the applicant will have to remove those stubs back to the roadway and cap them off for the center portion, so -- Zaremba: So, can we abandon the easement before that's done? Parsons: I'm sorry? Zaremba: Shouldn't we remove them first and, then, abandon them? Either way. Okay. Parsons: Madam Mayor, Members of the Council, the applicant is aware via Public Works that they have to remove -- once the easement is vacated they have to physically go in and remove those services there back to the street. De Weerd: Okay. Zaremba: Thank you. Meridian City Council May 26, 2010 Page 42 of 79 De Weerd: No further questions for staff? Would the applicant like to make comment? Again, if you would, please, state your name and address for the record. Christensen: I would be happy to, Madam Mayor. I'm Chuck Christensen and my address is still 1904 West Overland Road. De Weerd: Thank you. I'm glad you haven't moved. Christensen: Councilman Zaremba, just to clarify, there are facilities -- City of Meridian facilities in the little square boxes, so those are sewer and water facilities. There are no facilities in the other public utility easement areas. The intent of the original easements was in case the future developer or future owner of those lots wanted to extend either the sewer or the water stub outs he could -- they could extend them and they would all rely -- they would be city mains and would already lie within an easement and they could be extended as city mains. In this case the future property owner won't need a city main for their sewer, since it's a single user. We maintained one water easement in case we need to extend a water main for fire protection services. So, if that answers your question. Zaremba: Thank you. De Weerd: Okay. Anything further? Thank you. Okay. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Seeing none, Council, if there is no further information required I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move to close the public hearing on Item 9-J. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on item 9-J. All those in favor say aye. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the vacation request VAC 10-002 for Bridgetower Crossing Subdivisions No. 11 and 12. Meridian City Council May 26, 2010 Page 43 of 79 Bird: Second. De Weerd: I have a motion and a second to approve Item 94 Any discussion, Council? Seeing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. K. Public Hearing: Land Trade - Proposed Exchange of Real Property Located at 213 and 215 E. Franklin Road. Proposed Transaction Would Exchange Deeds as Part of a Boundary Line Adjustment in Order to Include the Pool Building, Sidewalk, and Snow -Cone Shack on the Parcel Owned by Western Ada Recreation District, Parcel No. 110021878. De Weerd: Item 9-K is a public hearing on a land trade. I will -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: Before you open the hearings I need to recuse myself. De Weerd: Okay. See you later. We do have still a quorum. I will open this public hearing and who is doing it? Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We have a very quick overhead to show you. This item I think you have heard this previously. This is, basically, a cleanup of some property between Storey Park and Western Ada Recreation District's portion that's adjacent to Storey Park where the swimming pool is. There is an aerial that I think is the second slide, maybe, Bill. There we go. Mr. Smith is here from the Western Ada Recreation District to kind of explain their part, but, basically, this is the public hearing showing the different boundaries adjustments that we are doing in this and probably Mr. Smith is probably better than me to explain the specifics of what the -- basically, the little differences in these property lines and what's being traded between the city and WARD to kind of clean up and make it a clearer defined parcels in this particular area. Mr. Smith, if you would be able to at least point out to the Council exactly where the -- I guess the clean ups are, these particular yellow lines that are on this aerial I think. Smith: Thank you, Mr. Nary. Madam Mayor and Council Members, my name is Gary Smith, I reside at 3917 Kootenai Street in Boise. I'm secretary treasurer for Western Ada Recreation District and I have been working with the City of Meridian Parks Meridian City Council May 26, 2010 Page 44 of 79 Department and Legal Department to see that this transfer goes through, so that the property lines accurately depict the improvements that have been made many many years ago by Western Ada Recreation District on the community swimming pool. The present property line is depicted in the yellow line, that's the triangular shape and what the proposal is is to intercept the existing property line on the east side and proceed northwesterly around or parallel to the existing improvements out there, jog up around the little area that we have for a snow cone shack and, then, back -- follow the south edge of the access road to Storey Park, back to the approximate west existing corner of the Western Ada property. The exchange is -- that Western Ada Recreation District would be deeding to the City of Meridian is a small triangular area at the northeast corner of that triangle. I'll circle it. And the area that the city would be deeding to Western Ada Recreation District is that area just north of the east -west existing yellow property line. Presently the east -west property line goes through the swimming pool building that's existing out there and so this would include, then, all the improvements that had been made to the swimming pool property and structures. And, like I say, this -- this building is -- swimming pool was built I think in 1972 and so this situation has existed since that time. Nary: Madam Mayor, Members of the Council, additionally in your packets you will see along with this land exchange there is cross -access -- cross -parking easement from the city to Western Ada. There is a deed from the city to WARD, there is a deed from WARD to the city for the property exchanges. So, if all of it's in order for you, it is on your Item 11-A on your agenda if -- if it's all -- you find acceptable. So, I'd stand for any questions. De Weerd: Mr. Nary, I guess we have other clean up issues in this same park and what -- what has been the discussion is that that's equal trade and by doing this it's another governmental agency, so maybe that addresses any concern about precedence set, but do you have any concern with that? Nary: Madam Mayor, Members of the Council, Mr. Baird from my office is the one that's worked with the -- with WARD on this particular issue and I think that you're correct, because we have another governmental entity we really are cleaning up, essentially, existing encroachments on both sides and that's really it, versus dealing with a nonprofit entity or someone else in this park, because, you're right, we do have other issues, but those were based on public land acquisition and those other issues that Mayor and Council are aware of. De Weerd: Okay. Thank you. Hoaglun: Madam Mayor, one quick question. I recall when we discussed this a year, year and a half ago, was there some utility or something up towards that farther end that was of concern or -- I don't know if there was a well head or a well something. Maybe I'm thinking of something entirely different, but I just -- in the back of my mind there was something that everything's okay with that, there is no issue out there. May be it was a pump -- an irrigation pump. No, that was down there, the -- not the one down by the Meridian City Council May 26, 2010 Page 45 of 79 speedway, but -- I just remember that thin strip, there was something in there that we had discussed. Smith: Madam Mayor, Councilman Hoaglun, Council, originally my board wanted to extend this property transfer out to the west to Main Street and, then, come back -- and it was just a small sliver, yeah, you're absolutely right. Within that sliver of ground there is a well -- monitoring well -- ground water monitoring well that's existing. There was a fire hydrant, there were several trees, there was some informational signs, there was talk about moving the initial point sign in Storey Park out to that area. So, that discussion kind of went away and moved that property line adjustment back to where it is -- where I have shown it on the cross -hatched area. But, you're right, that was discussed at one point. Hoaglun: Okay. Great. Thanks for that clarification, Gary. De Weerd: Okay. Anything further? Okay. Thank you. Smith: Thank you. I want to thank the City of Meridian and -- for your cooperation in getting this thing resolved and Steve Siddoway and his staff at the Parks Department and Ted Baird in the Legal Department, have been very helpful. Thank you very much. De Weerd: Thank you. Well, it's taken how many years to clean it up? We are glad to see it done. Bird: Twenty-eight. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council, if you have no further questions, I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on the land trade, Item K. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 9- K. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Zaremba. Zaremba: Do we want to act on 11-A now or just wait it until comes up -- Meridian City Council May 26, 2010 Page 46 of 79 De Weerd: Pardon? Nary: Madam Mayor, Members of the Council, you can take up 11-A now if you wish or you can just wait until you get to that section of your agenda. Zaremba: It's the ordinance that enables this? Nary: Yes. De Weerd: Okay. Nary: It's your function. You can do it now or you can do it in about 15, 20 minutes when we get to that. De Weerd: While Mr. -- Zaremba: To prevent Mr. Rountree from coming and going and coming and going, I might offer a motion now. A. Ordinance No. 10-1446: Approving Property Exchange to Complete Property Boundary Adjustment with the Western Ada Recreation District at Storey Park De Weerd: Okay. I would entertain it. I would ask the city clerk to, please, read Item 11-A, ordinance 10-1446 by title only. Holman: City of Meridian ordinance number 10-1446, an ordinance authorizing the exchange of certain city owned real property located at 213 and 215 East Franklin Road in the City of Meridian Storey Park lying in the northwest one quarter, Section 18, Township 3 north, range 1 east, Boise Meridian, Ada County, Idaho, the transaction exchanges deeds as part of a property boundary line adjustment of the site at the Meridian community swimming pool, owned by Western Ada Recreation District and Storey Park, owned by the City of Meridian, authorizing the Mayor and city clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction, providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. If there is a member of the public who would like it read in its entirety, we can do so. Seeing none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve and adopt ordinance 10-1446. Meridian City Council May 26, 2010 Page 47 of 79 Hoaglun: Second. De Weerd: I have a motion and a second to approve the -- Zaremba: I'm sorry. Did we need to say with suspension of rules? De Weerd: Yes. Zaremba: When does that happen? Nary: Yes. Zaremba: I add to my motion suspension of rules. Hoaglun: Second agrees. De Weerd: Thank you. I do have a motion and a second to approve Item 11-A. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. L. MFP 10-002 Madelynn Estates by Jane Suggs Located West Side of Locust Grove, Midway Between Chinden Boulevard and McMillan Road: Request to Modify Note 3 and 9 on the Recorded Final Plat to Designate Lot 1, Block 8 as a Common Open Space Lot in Lieu of a Buildable Lot De Weerd: Item 9-L is MFP 10-002. 1 will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. This is another public meeting request for a final plat modification for Madelynn Estates. The subject site is Lot 1, Block 8 of Madelynn Estates Subdivision. It's located internally to the site. Approximately a quarter mile west of Locust Grove. The applicant's request is to, basically, convert the -- change the plat notes approved with the final -- recorded with the final plat to incorporate Lot 1, Block 8, as buildable lot -- or as a common lot, so they can commence with construction of a pool -- community swimming pool. I did want to point out that staff had issued a CZC on the site for those improvements already, so it has -- it was contingent upon approval of the final plat modification. The applicant's here in the audience this evening. No outstanding issues for you and I would be happy to answer any questions you may have. Meridian City Council May 26, 2010 Page 48 of 79 De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: None. De Weerd: Okay. Would the applicant like to comment? Good evening. Suggs: Good evening, Mayor and Council Members. My name is Jane Suggs, 200 Louisa Street in Boise, I'm only going to say hello and stand for any questions, because I have been here for two and a half hours, so I thought I would. De Weerd: Well, we are glad you got an opportunity to say hello. Sorry you had to wait two and a half hours. Suggs: No problem. De Weerd: Council, any questions for the applicant? Rountree: I have none. Bird: I have none. De Weerd: Thank you, Jane. Okay. If there is nothing further from Council, I'll wait for your direction. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MFP 10-002, Madelynn Estates by Jane Suggs, with staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-L. If there is no discussion from Council, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Item 10: Continued Department Reports. Meridian City Council May 26, 2010 Page 49 of 79 A. Legal Department Report: Discussion - An Ordinance Repealing and Replacing Title 4 Public Health & Safety, Chapter 1, Sanitary Service System of the Meridian City Code De Weerd: Under Item 10, Continued Department Reports. I will turn this over to Mr. Nary for Item 10-A and B. Nary: Thank you, Madam Mayor, Members of the Council. Tonight also Randy Amidon from SSC is present, too, if you have questions of SSC specifically. Basically what's in front of you on your -- on your packets, Mayor and Council, is the revised trash ordinance for -- to, basically, incorporate the automated collection process into our city ordinance, but there is a couple of things that came up at the last discussion and I wanted to let you know the solid waste advisory committee did meet last week to discuss those two specific items that came out at your last hearing. One was a spring clean up week. We had a lengthy discussion -- the special programs, other than the -- other than the recycling program, the special program, oil pickup, sharps container pickup, Christmas tree pickup, fall leaf pickup, aren't incorporated in the current ordinance that exists today, they aren't incorporated into the future ordinance as proposed in front of you, mainly because programs come and go depending on the need, the availability, how disposals occur, those types of things. So, the special ordinances have never been incorporated, but the solid waste advisory committee and SSC did discuss the spring clean up and did agree and SSC was agreeable to finding a date, probably in the month of May -- in the first two weeks of May -- again, it usually ends up being somewhat criticized. Some folks find that that's the week they intended to clean up, some folks find they clean up the third week of May. Sort of the same issue we have with leaves -- with leaf collection. But SSC had no problem with it. Obviously, they are going to monitor it, they are not going to change any rates, there is no adjustment to any of that. At this particular point it's potentially and your discussion about rates and -- for fiscal year 12, so it's September of 2011, if there is a lot of folks that -- Mr. Sedlacek, you know, was very committed that, you know, again, not knowing how many people will take advantage of that opportunity, it's really hard to want to adjust for anything prior to that. You know, if 10,000 homes use that as a clean up week, then, there certainly could be an impact to service. If 500 homes do it, it may not impact service greatly. So, until we really know what it is, the Solid Waste Advisory Committee and the -- and SSC were very supportive, but that they can get done and, again, May was the target date. But, again, not wanting to pick a specific date today, knowing what the weather may be like next spring, we have had some strange weather in the month of May this year, so it's hard to know, but, anyway, they were committed to doing it, SSC is on board. They will do -- they will do spring clean up week. The second one, I'm sure you recall, the gentleman came in and asked if he could drive his trash can -- if he wanted to do an exchange, if he could drive himself or he and his neighbor's trash cans down there to exchange them and, then, avoid the pick up and drop off fee that's required. And this one was a little bit more of an interesting discussion for the committee, because from SSC's standpoint and not quoting Mr. Sedlacek directly, but, basically, paraphrasing, you know, if one person brings a trash can down to do that, it's probably not a big deal, they could probably deal with it. To Meridian City Council May 26, 2010 Page 50 of 79 offer that as a portion of the service makes it a little bit more problematic. One is the trash can is probably going to have to be cleaned. Secondarily, they are going to have to have an available trash can to switch. Part of the process in contacting SSC to get a trash can switched out makes sure that it's available for you when you want it. If they don't have what size you're requesting, they can order that, it may take a week or two. If you have people showing up as part of a service program, they are going to expect it to be there to get turned away, they anticipated that was going to be problematic for folks. Right now the way the program is structured, if you get a smaller can -- so, basically, you know, downsize large from the largest to the smaller, doesn't have any cost to it at all. So, it's only the up sizing that does. So, I'm not sure right now, again, the recommendation of the commission was -- or the committee was to monitor that, see what type of interest that there is, if there are a lot of people showing up. The other concern Mr. Sedlacek had and -- you know, based on their staffing needs there may occasionally be one person that might be staffing the front desk, so when someone shows up, they have got a trash can, somebody's got to go inspect it, go find the one for them to switch out. You know, logistically it sounds very simple for one person to come in and request that and Mr. Sedlacek was very supportive if that's all that we get and one person shows up, we will just deal with it, just like we do other things. But if it's a continuous process, then, they would have to evaluate how to do it, what a rate would be to make it make sense. Where, again, a part of the program is trying to discourage that from occurring constantly, because there is administrative costs to making sure that the bill gets done correctly, that the adjustments get made at the city end, because we are the administrators of that process and those are the things that were more problematic from the committee's standpoint. So, right now the committee is not recommending that it be part of a program or part of the rate structure, again, SSC has committed that if it's -- you know, it's a few people here and there it's not going to be a problem. If it becomes a real issue, they will probably come back to address the Council or address the solid waste committee about that. One thing to note in the ordinance -- in the existing ordinance that's out there today, there is -- there is anticipation that there would be a group that's never existed to my knowledge, or at least hasn't existed since I have been involved in this group, and it was referred to -- if I can get to it really quickly in our ordinance. It's under the current city code, rules and regulations 4-1-13 and it's called the board of adjustment and in our city code in other sections we have a board of appraisers and the board of appraisers deals with water adjustments. This was to deal with trash adjustments. No one's ever requested this since I have been here, so I don't -- we have never formed this group, but what part of that group's responsibility in the existing ordinance was to help SSC -- be a contact for SSC between the city's administrative side and the SSC operation side. So, what we felt was that we have been in the process and we have been working at this for awhile, it's kind of been on the back burner, but we have been looking at adjusting how that board of appraises is handled currently, because currently the board is made of the Public Works director, the city clerk, and the Mayor and we haven't had any requests lately in that, but we have been looking at reconfiguring that type of board so every single type of trash complaint or trash request or water request -- everything doesn't come in front of the Council, that it can be handled at an administrative level and appealed if necessary and the only ones that right now come in front of the Council Meridian City Council May 26, 2010 Page 51 of 79 directly is when their water is going to get turned off and they have the ability to come and appeal that particular action. So, the recommendation would be that we felt it was still important to have that contact between the administrative side of the city and the operation side of SSC and your solid waste advisory committee does the same thing and that's something that doesn't -- right now it's not quite often, because of this transition and the recycling program in the future, we would anticipate meeting probably quarterly, if anything, maybe twice a year, just to address any issues, recommendations, things like you have done in this past few months. So, that's what's in the newer ordinance, is that's what that committee and its recommended that it move to more of a commission status, we could create that through ordinance and, then, the board of appraisers would deal with disputes over trash, disputes over pricing, and those kind of issues. So, there is -- that's the only real significant change from an administrative standpoint. The rest of the ordinance is things that you have been familiar with, we have discussed a number of times. Location. The fact that it, you know, requires it be in the containers that are provided. You have to use those. There isn't other trash that can be used, you have the following and those kinds of things. So, the rest of this I think is fairly straight forward. It's not urgent for you to pass it tonight, it's not urgent for you to pass it next week, you certainly have time to that. We would like to have it, obviously, in place, it needs to be approved and published by the 5th of July, which is when the transition is to occur, so it would have to be done in the months of June, but it doesn't have to be done tonight or next Tuesday, unless you're comfortable going forward. That's all I have. Mr. Amidon is here if you have questions, again, for SSC. De Weerd: And maybe you would like to come forward and come say hi as well, because you waited two and a half hours, too. Do you have any comments regarding any of the comments Mr. Nary made? Amidon: Madam Mayor and City Councilmen, my name is Randy Amidon. That's A -m -i -d -o -n. I live at 12691 West Renwick and that's in Boise. De Weerd: Thank you. Amidon: Really, my big concern with our counter carts is when that cart comes to our facility, whether it's a customer that's moving or an exchange or whatever the case may be, that cart is brought to our facility and it's assessed whether or not that cart can be refurbished or whether it needs to be recycled. Really, what I was concerned about is we do have a lot of customers that return these carts to us in the fall, I'm going to have to have room for storage for these carts and also we have borrowed money on those carts and we will not be, you know, generating any revenue from those carts in those six months that they are sitting in our yard. And, then, in the springtime it seems like within a week's time spring has arrived and people start cutting their yards and start doing the tree trimmings and those type things. What I was concerned about is trying to get all those carts back out to those customers, because now with us going to that cart system, that's the only way they will be able to remove all the brush clippings and brush and Meridian City Council May 26, 2010 Page 52 of 79 those type of things. So, that was our major concern about that, was making sure that we have the capabilities of getting those carts back out to our customers. De Weerd: Any questions from Council? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Does Bill want comments this evening or how does he want us handling -- I've got a few. Nary: Madam Mayor, Members of the Council, absolutely, if you have comments this evening that would be great and, like I said, you don't have to -- we could schedule this on your agenda whenever you are comfortable, we just want to -- prefer it be done by the end of June. So, tonight and whenever you have opportunity, that's great. De Weerd: Do you want it verbally? Do you want it in writing? How -- how best do you want -- Nary: Madam Mayor, Members of the Council, verbally is perfectly fine. Dean's still recording it down, so if I don't get it all I can certainly get it from there, but -- and, then, if you want to provide that in writing subsequently, that's perfectly fine. This is a legislative action, so having that discussion outside of this hearing is perfectly fine, too, so -- Rountree: I would be glad to provide these to you at another time, as opposed to spend more time this evening on this, but I do have about 12 specific nitpicks, if you will. Nary: That, too. We love nitpicks. That's great. De Weerd: Well, yeah, in writing. Nary: I'm going to write down 12, so there won't be 13, but -- Rountree: Well, there might only be 11. Nary: Whatever you have is fine. Rountree: Thank you. De Weerd: Well -- and I would just comment that I hope the -- if you are looking at the board of appeals as the alternative to what is in the current code, I want that rewritten first. Meridian City Council May 26, 2010 Page 53 of 79 Nary: That was the intent, Madam Mayor. De Weerd: I just wanted to emphasize that. You will find on the board of appeal I'm not the right group to really be considering those things. Nary: Absolutely. Rountree: Madam Mayor, just a general comment about what I have seen on the ordinance. I think they did a great job of modifying and modernizing our existing ordinance and though I do have comments they are less substantive and, again, just minor details. Nary: Sure. B. Legal Department Report: Discussion - Motor Vehicle Inspection and Maintenance Program Joint Powers Agreement De Weerd: Okay. Thank you so much for being with us and hang in there. Any further comment, Council, before we move on? Okay. Mr. Nary? Nary: Next item B, is that where we are at? The motor vehicle inspection maintenance program joint powers agreement you recall when we have had this discussion regarding the air quality -- DEQ and the air quality board and the different cities in Ada County, one of the things they requested was a joint powers agreement. That's in your packets in front of you. There has been discussion -- Andrea Pogue from my office has been really working with DEQ on the language. One of the things she wrote to me that -- in regard to this final agreement that's in front of you, was that different languages and the the term and the language of the agreement now says the term of this agreement shall commence on the date of execution as evidenced by the final signatory and remains in effect in either DEQ, the county, or the cities terminate the agreement. DEQ, Ada County, and the cities in Ada County agree to work cooperatively to insure motor vehicle inspection and maintenance testing now and in the future meets all legal requirements. So, this is something that was requested about a year ago. When you sent a letter from the city we agreed to be a part of that once we were comfortable with the language. Again, if you need some opportunity and time to review that, it's not time critical that it has to be approved tonight, it can be put on your agenda in the next two weeks. So, whatever you're comfortable with, but we think the -- basically, what I think our direction we were trying to do was to make sure that the City of Meridian was a participant in the discussion, but we weren't committed to any one program and to one system, that it still has the flexibility of the cities to choose the destiny for each city and to work with the air quality board and DEQ to look out, again, for the best needs of their community. So, we don't think this joint powers agreement binds us strongly in one direction or another, it really allows the city to be a participant and a player. Again, if you need sometime to review that that's perfectly fine. We didn't anticipate bringing it forward for approval tonight, we just wanted to introduce it to you. Meridian City Council May 26, 2010 Page 54 of 79 De Weerd: Thank you. Any comments, questions? Would you like to think about it? Move forward? Rountree: Madam Mayor, I think it addressed our concern. I don't see any reason why we can't approve it and authorize signature. So, I would move to do such, that we approve the joint powers agreement and authorize the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second. Any questions from Council? Madam Clerk, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Joint Department Discussion: Legal, Planning, Police and Clerk's Office Discussion Regarding Non -Traditional Retail/Service/Drinking Establishments and Considering Developing Specific Rules/Guidelines Regarding Issuing Permits De Weerd: Thank you. And our last item under ten is the joint department discussion. Mr. Nary or -- Nary: I think it's me first, Madam Mayor. De Weerd: Okay. Nary: Madam Mayor, Members of the Council, we tried to involved all the departments of the city in this particular discussion. We tried to get all of them, we only could get half. So, this is one that's a little odd and we could have waited probably until your workshop discussion and it may be in your desire to bring it back for workshop, seeings how, again, some opportunity to think about this, but we have had people request this and so we didn't want to let it sit for another couple weeks before we even had the opportunity to introduce the issue to you. Maybe based on the current state of the economy people are wanting to be more creative in how they do their business. Currently under our city code we have bars in our -- in our land use and our planning -- in our planning and zoning code. We have bars and we have restaurants that serve alcohol as a portion of their service. The state regulates both of those types of activities in how they issue licenses. Restaurants have particular requirements for how much sales of alcohol they can have versus everything else. They have requirements on Meridian City Council May 26, 2010 Page 55 of 79 separation of minors from where alcohol is actually being served and so they have a lot of regulation in the state to deal with both of those types of activities. What we have been getting is requests for different types of -- and I term them nontraditional places for serving alcohol. We have had requests -- recently you had in front of you Brewphoria and Brewphoria is a place that predominately sells beer as a retail outlet, but also serves beer in their location. Now, the reason that was approved by you a couple of weeks ago is because they also have a restaurant that's a part of it and the states -- they were about a week out of completing their restaurant requirements and they could get approval by the state, so, then, the rules changed, they were willing to live with the rule for it being a bar only for a very short window and as they changed and evolved into a restaurant they were fine. We did advise them that if that restaurant actually didn't happen, they would have to come back with a CU process and they understood that. But, then, subsequent to that we had a request from a massage therapy location, they wanted to serve wine to their customers. We have had requests from -- requests from -- what was the other -- one of the salons that wanted to serve beer or wine to their customers. So, there is a couple different issues that touch all these different departments and I let each of them kind of have their say as to what their issues are, but I guess the number one concern we have is, obviously, enforcement. There were different rules that apply to how service can be done and these things. You know, there is always the risk or the concern that we have from legal and, again, if it's not the same concern you folks have, that's fine. Somewhat of a proliferation of places serving beer and wine and trying to keep a handle on that from a licensing perspective, police enforcement, this types of things. But, anyway, that's kind of the introduction of it, couldn't let each of the departments that are here to -- that have what their specific issues are from planning and police and the clerk's office and, then, we can see where you would like us to go with this. De Weerd: Mr. Nary, was there a discussion at all about these fast food places serving energy drinks? I guess the energy drink has a certain alcohol content to it, is that -- it's one of those that are flying under the radar right now? Nary: Madam Mayor, Members of the Council, different issue, but, you're right, I mean those are ones that are concerning, they don't reach the level of enforcement by the state of the city. We also have fast food places that serve the mixed cocktail types of drinks as well, but, again, they are restaurants, so they get regulated by -- as a restaurant, so you have places that serve mud slides and margarita mixes and those kinds of things that are low level alcohol, they aren't pouring alcohol in there, they are prepackaged types of drinks, so those in the restaurants get regulated, but, you're right, the energy drinks don't, because they aren't -- they don't reach that threshold level that the state is addressing those. That's a different issue we certainly can have a discussion about, too. De Weerd: I think the police department -- and I believe it's a topic that has had some presence at the MADC, but it's probably something not necessarily part of this, but at some point needs to be discussed. Meridian City Council May 26, 2010 Page 56 of 79 Nary: Sure. Hoaglun: Question for Mr. Nary. De Weerd: Yes. Hoaglun: Bill, does champagne fall under the beer and wine category? Nary: Yes. In fact, it's even more regulated -- sparking wine is, basically, how they term that, but, yeah, it is regulated like wine. Hoaglun: Okay. Thanks. Nary: Mayor and Council, Planning has different levels of concern and the police and at least you can hear what those are, and, like I said, if you want some time to just think about it, we could put it on in a couple of weeks and talk about it again. Friedman: So, Madam Mayor, Council Members, as Mr. Nary indicated, right now the UDC really defines and separates drinking establishments and articulates restaurants. Drinking establishments are what we all think of in the -- you know, the bar, the cocktail lounges, and so forth. When we get into restaurants it talks about as restaurant being a place where food is prepared and served and so forth and that's really three definitions under restaurant and, then, the second definition is one that has a beer and wine license regulated by the state, with a restaurant endorsement, I guess, if you call it that, and, then, the other one is a restaurant where you serve food and liquor by the drink with, again, a restaurant endorsement, much as we had with Brewphoria. What we are starting to find is these hybrids where you might get a beauty salon, well, when we look at it somebody comes in for a CZC for a beauty salon, it's a personal service and it's, you know, reviewed based a personal service. We don't want to -- you know, what we are kind of concerned about is, well, we get a beauty salon, but when does a beauty salon become a drinking establishment and feel it probably would be best to regulate these through the licensing -- through the state liquor licensing and the city commenting on those licensing procedures, rather than trying to figure out how many different nuances we can fold into the UDC and try to keep up everyone as they are going along where as a massage parlor that happens to serve wine or it's -- you know, I think the other implication is -- and I'm not that clear about it, but in the follow-up conversation today, I think what some of these folks have to understand is if they start serving alcohol that may, in fact, impact their ability to have certain customers within their places of business, perhaps even minors. She starts serving -- I'm not that familiar with it, but this came up in discussion, if you're starting to serve alcohol at your salon, then, you might be negating your ability to clip the hair of minors in there. But I guess our concern is, you know, how many different levels of the onion do we create if we do it from a land use standpoint. Bird: Madam Mayor? Meridian City Council May 26, 2010 Page 57 of 79 De Weerd: Mr. Bird. Bird: I got a question in follow up. Bill, I know it's a habit, not that I go to beauty salons, but I have known in the past that they do -- they don't -- they don't serve, because they don't charge you for them, you know, they just give you a glass of wine or something have been told. As long as they don't charge do they have to have a license? Nary: Well, Madam Mayor, Members of the Council, Council Member Bird, the state considers that they do. What they consider is that if they are giving it away, unless they are failing into the wine tasting, which now there are specific rules in the Idaho Code for wine tasting, that if it's not a wine tasting and it doesn't meet those criteria, even if they are giving it away, the state -- the state alcohol beverage control considers that to be part of a sale. What they consider is that your haircut is included with this glass of wine, so you're paying for that wine in some fashion, whether you have it or not. So, they consider that a license is required. What we found when we had the discussion internally regarding Brewphoria and trying to figure out how to hybrid that operation, because, again, it was a retail and a serving location, one of the requirements about beer service is different than wine service, but we also found that wine stores, Divine Wine and I can't remember the other wine company's name -- Bird: New Heritage. Nary: New Heritage Wine, serve wine in the store, so they serve -- act as a retail outlet and serve wine in the store, but at that period of time probably unbeknownst to them they were violating the state code in the requirements of having a store. So, Lieutenant Overton did a -- a field trip to verify those things for everybody as to how that was being done. Bird: He was just a wine taster, uh? Nary: Just observing. Bird: Just observing. Okay. De Weerd: And so what is the -- what do we currently have in that regard and what is needed as far as clarification? Nary: Madam Mayor, Members of the Council, what we currently have is we don't have any way to really track these types of activities, because they don't fall under a land use and they are an accessory use. Right now in our code -- our code only deals with bars and restaurants for -- or retail outlets and these are some somewhat both and so I think what we are wanting to know, first, the example, the Posh Spa, they requested -- it's a massage therapy place -- they don't use massage parlor anymore, Mr. Friedman, but in a massage therapy place we denied it, because it doesn't fit into our ordinance, yet I think Lieutenant Overton would say they are not getting a lot of police calls, because someone's getting a massage and having a glass of wine. That's not a real problem. Meridian City Council May 26, 2010 Page 58 of 79 So, again, if it isn't a problem is that an issue for the Council and do you want us to craft something in our licensing, so that we can deal with these types of, again, nontraditional types of location and, then, we likely will get other places that may want to be serving things that the state will want to regulate or the state thinks a license is necessary, therefore, they are going to come back to us and it might be a doctor's office, it could be a dentist's office, it could be an insurance agent, it could be a real estate office, you know, I mean in the old days of somebody pulling a bottle of liquor out of their drawer and serving it to their client is one thing, but the state's saying part of these services -- this liquor is included as part of that, therefore, they need a license. So, once they have to go to the state, then, they have to go back to us and we don't have a way to fit it in at the moment where it belongs. And, lieutenant, I don't know if you have any police perspective of what you think. Overton: Madam Mayor and Members of the Council, on my field trip we met first and discussed this and discussed the -- trying to fit a square peg in a round hole and where we were trying to take some of the newfangled establishments and they had to fit into one of these categories we have and if they didn't what are we going to do with them. We do have one -- I believe Divine Wine right now that we have kind of got in limbo, because they are not a restaurant and they are not licensed as a bar and when I visited with them, they also did not have their premises marked for 21 or older. When they first went in, they went in -- we believe they went in with the understanding of wine only, no beer and when they went into beer sales and it was brought to my attention, we went over and I knocked on their door and talked to them. So, they should have marked their premises that afternoon, told them where to get the signs and she was a very nice person, she wanted to comply as much as she could, but we told her the way she's operating where she's not a restaurant, the only -- the only option we have currently is that she's a bar and that is a pretty high cost that she would have to, then, reach to become a bar. We told her hold, do what you're doing, mark the premises -- please mark the premises right now. She did. I, then, went to New Vintage, had the same conversation. My understanding, because I have been on other field trips to New Vintage, didn't realize they sold beer. I was quite familiar with several of their wines. They do have a marked premises, they were doing everything the way I believe at the time they should have been doing it. They are not a restaurant. They are not a bar. They are in limbo, too. So, the discussion turned to a hybrid and I guess I didn't want to speak for everybody in law enforcement or even the chief at that point, because I talked to the chief yesterday and said these are not locations we get a high degree of calls for service and these have been operating for several years. They attract a different clientele. I said should we be looking for a solution for them that is just something we don't do and that's kind of where we started the conversation. Of course, on the other side of that is where do we stop? I mean we don't -- you might find wine, Councilman Bird, in -- you will find wine at some of the massage parlors, but, generally, you will also find a liquor catering permit with my signature on it, because I sign a tremendous amount of liquor catering permits for a lot of different locations within the city and of all the problems we have with alcohol, very very very seldom do we ever have a problem with one of those liquor catering permits, because it comes with its own personal threat every time when we sign one off on how they have to run them. So, you may have Meridian City Council May 26, 2010 Page 59 of 79 seen that, you may heard that story. The idea of having a beer -wine license in a massage parlor -- now you got me doing it -- in a licensed massage establishment, a spa, what concerns me the most is any of these other uses we have to make sure that our code covering the server ordinance covered everybody inside that, not to mention they have to change their premises marking and limited who can enter that establishment, depending on what they serve. So, from an enforcement standpoint -- initially I don't see this as creating a ton of calls for service. Initial licensing, yeah, it's going to cause a little more information needing to come to us on doing some of the background information, but on the end run I don't -- I don't initially see it being a huge increase. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I got to go back to the beginning. Are those establishments that you identified, John, the first couple you talked about, are they in violation of the state statute? Nary: I think they were. I don't think they are now. I think they were, because they were not -- they didn't mark their premise properly, because they are -- under the state code if they are serving alcohol, it doesn't matter -- it doesn't matter if they have liquor by the drink or they are serving beer or wine, they have to have a license. When they come to us under -- under our ordinance the way it's currently configured, if they don't serve food they are a bar and a bar requires a special use permit, which, again, is a more expensive lengthy process, for what is in the planning world an accessory use to this establishment, but -- and I'm not trying to stereotype any type of businesses, but we have got lots of businesses that would probably like to serve beer and wine or beer that don't care about 21 and if the Council is comfortable we can create a nitch for that, like we did when we had closet bar issues, we can create a nitch for that, but right now it's a bar and if you'd like us to treat them like bars, whether it's a tattoo parlor, whether it's a massage therapy place, whether it's an insurance agent's office, that's fine, we can do that. If you'd like us to create something different for those that it's accessory to the use, that's what planning's concern was is they are not going to ever -- they are not going to look at that and realize they are going to be serving alcohol when they initially come in for a tenant improvement or the CZC to be a barbershop or to be a tattoo parlor or something like that. So, we need to find a hybrid to deal with those, otherwise, they are all bars and they have to go through the bar process. Overton: Council, to answer your question, we brought them into compliance with state law when I went and visited them. What we didn't bring them into compliance with is our current city code. Rountree: I'm just concerned about the fine line of what's a bar and what's not a bar and how folks will figure out ways to move around that. Meridian City Council May 26, 2010 Page 60 of 79 De Weerd: Yeah. I think there needs to be some accessory use to it. It's just like we just identified two businesses on Meridian Road that it's right there in their refrigerator for their clients, you know, so this is -- you're only touching the tip of this iceberg. Nary: Our recommendation when I spoke with Anna with Planning was, again, they would like it to not be a land use, because they don't feel it really is a land use, I mean it really is accessory. If we model it after the state, the state requires for a restaurant they have thresholds they have to meet. They have to provide every year when they renew or when they initially -- well, they don't have to on their initial request, they have to on their renewal, but they have to provide receipts to show that they are predominately selling food and not just selling liquor. We could certainly work through with the clerk's office and planning and police to create the similar types of standards for an accessory use of whatever that threshold that seems to make sense, to make sure that if it's a barber shop that wants to have a beer license and serve beer to their customers, that they meet all the 21 and all the other state code, but they are not going to go through the CU process as a bar, because, realistically, they are just cutting hair and serving a beer, versus ones that are generally serving beer and maybe having something else that's primarily their focus. So, we can do that if that's your -- if that's the desire, we can work through that. Probably wouldn't have anything to you in two weeks, but we could work through that with the clerk's office and the other departments and come up with some kind of threshold and maybe that would give you something that's -- to have more meat to the discussion to say you like that or you don't like that or you think that's too high a threshold or that doesn't make sense, so -- Holman: Okay. Madam Mayor, Members of question. My question is -- I just thought of this they are not going to have a receipt for it, are they go buy the wine at Albertson's? Nary: Yes. I mean they are going to have to -- Holman: Giving it away. the Council, Mr. Nary, if I can ask a now. If they are giving the wine away,, nre talking about the receipts for when Nary: Yeah. What we would be talking about is they have to show, basically, what they give away or how much they spend on what they give away versus how much they are actually receiving in receipts. It's the same thing they have to do if they were a restaurant. It's going to be an education process, there is no doubt, with folks. Holman: Okay. Nary: If they want to serve it -- and, again, if the Council's direction is we don't care, mean we could certainly figure a way around it, but I'm just concerned that we have folks that sort of are in the cracks and they are trying to -- and I understand that they are realistically trying to find a different way to market their primary business, but it is really on the edge of violating the law. Meridian City Council May 26, 2010 Page 61 of 79 Hoaglun: Yes, Madam Mayor and Bill, we are probably not the first ones taking a crack at this. Maybe in Idaho. I don't know. But I'm sure some other states, if we can do some research on that, you know, to see if there is some things out there that meet that. can see where it's a nitch and I want to ask John, you talked about a liquor catering permit that you sign off on. Is that for a specific time period, it's not a -- like for a year type of thing or is it, if they are a -- if they are a caterer and they want to serve beer and wine -- and I don't know if that's -- that's a vehicle to be able to put into that. Overton: Madam Mayor, Councilman Hoaglun, Council, liquor catering permits are for a one event, one day. In fact, when we do these multiple dates, I get multiple liquor catering permits for the various dates and it's 20 dollars a permit, if I remember correctly. So, it can get expensive for them. I mean our Harley shop I sign a ton of them for this summer for the different events they are going to run and they have done a really good job of policing their own. Hoaglun: Well, planning might volunteer now if they get the revenue from something like that; right? Friedman: It depends on how many field inspections we have to do for it. De Weerd: You will have to fight or do it together. Friedman: We will go together. Overton: One other note -- we do -- one of the things we did discover is I went to three different wine shops, basically all doing business the same manner and the third one was Corkscrews -- Corkscrews is a bar. They went through that whole process and paid that money. So, I mean we did have one that went through that whole process and did it and, then, we just have two others that were not required to do that when they came into being. Hoaglun: Well, I guess just to comment, one of the concerns I have -- if we go this route and are looking at things like that, you know, under age kids I don't think should be part of that deal and that's something we need to enforce and be sure and that make them think twice about before they exclude some of their clientele coming in to get their hair cut or whatever or use the spa. So, that's something I'd look at closer. Overton: Madam Mayor, Councilman Hoaglun, we would actually have more authority and more power over any type of a license we gave them in a marked premises than we would over a current liquor catering permit or when I approve a shelter permit for alcohol for who knows who at one of our parks, because it's impossible for me to say, you know, I have got to have this and this at one of the shelters. That's -- those are the ones that worry me and we sign those quite regularly. I think if we had a marked premises and they have to have server training, we make them go through -- maybe you don't have the expense of a bar, but we go through a lot more hoops, I don't think they want to lose that. Meridian City Council May 26, 2010 Page 62 of 79 De Weerd: So, have you looked at what any of the other communities in Idaho are doing? Nary: Madam Mayor, in discussing this with some of the other city attorneys through our process, they haven't had anything to address this in other places or they already have it, like in Coeur d' Alene they already have ways to address that, they are not all bars and restaurants, but -- but most of the other cities don't have this. Boise doesn't have it. They don't have this issue come up. My guess is that this doesn't reach their radar, because it isn't raised. Brewphoria was the example -- most of the Boise police knew Brewphoria from going there and patronizing the business, but didn't have any idea they were serving beer and they didn't have a license and they weren't doing it properly. So, they didn't know, because I think most of these things are like -- like Mr. Bird said, people probably have been doing that for years and serving glass of wine and not thinking twice about it and not realizing that ABC does regulate that and they have to meet certain criteria. You know, the other problem that's another concern to me and to police is some of these places want to be some sort of hybrid, which the law doesn't really grant, you know, we allow kids until 5:00 or 6:00 and, then, we don't allow kids -- there is no such thing in Idaho to do that. If you don't -- if once -- once you're a bar you're not supposed to have kids in there at all. Not at -- not half the day and half the day not. If you want -- if you want to allow kids in, then, you got to be a restaurant, but you can't just be a -- you can't just be a place that serves alcohol all the time, which is what the lieutenant, you know, talked to Divine Wine and New Heritage about, is that they couldn't do that. So, again, there is, again, regulations that we can create in our ordinance to make it clear to folks what the rules are if they want to serve. I'm not trying to -- you know, I'm not trying to detract from these folks' business, I understand they are trying to do that, we just want to make sure that they are in compliance, because we are responsible to regulate that, too. So, to move this along, as I know it's getting late for everybody, I mean we will be gathering more information, we will get some research done and we will see what things we could suggest back to you and probably put it on a future workshop. De Weerd: My concern is staffing. I mean -- yeah. Staffing and enforcing, you know, compliance, all of that. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I have got a -- I have got a real concern on the enforcing, too, because if you read in the paper when they went out and did the underage liquor deals rating, Garden City fell on their face, and I think it's because we do not have a license -- licensing for servers. I think that's one thing we need to do and if they are -- if they are serving it in a -- a massage parlor or whatever you want to call it, then, they have to get that license also. I think that that -- talking to the chief will make a big difference, I was quite embarrassed when we only got a 50 percent -- 56 percent serving right. That's -- that's Meridian City Council May 26, 2010 Page 63 of 79 44 percent that -- of the establishments that served under age or give -- sold beer to under age. That's not good. That's what we need to work on. De Weerd: Okay. Thank you for that can of worms. Nary: That's what we do. Item 11: Ordinances. B. Ordinance No. 10-1447: Junk Vehicles, Weeds, and Other Nuisances C. Ordinance No. 10-1448: Discharge of Firearms De Weerd: Okay. Item 11-B and C are ordinances 10-1447 and 10-1448. Madam Clerk, if you will, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 10-1447, an ordinance repealing Chapter 3, Title 4, Meridian City Code, regarding weeds, repealing Chapter 4, Title 4, Meridian City Code, regarding abandoned or inoperable vehicles. Repealing and replacing Chapter 2, Title 4, Meridian City Code, regarding junk vehicles, weeds, and other nuisances. Definitions, nuisance conditions, prohibited. Responsible party. Abatement of nuisances. Appeals. Failure to abate. Penalties for violation. Legal action. Hindering authorized persons. Severability. And providing an effective date. Holman: City of Meridian ordinary number 10-1448, an ordinance replacing Title 6, Chapter 3, Section 10, of the Meridian City Code regarding firearms and dischargeable instruments and providing an effective date. De Weerd: Thank you. And since we have no members of the public, I will not ask if anyone wants hear it read. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve ordinary 10-1447 and 10-1448, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve ordinances in Item 11-B and C. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council May 26, 2010 Page 64 of 79 De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Other Items. A. Executive Session per Idaho State Code 67-2345(1)(c) — To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Amended onto Agenda Executive Session per Idaho State Code 67-2345(1)(f) — To Consider and Advise its Legal Representatives in Pending Litigation De Weerd: Item 12-A is an Executive Session regarding 67-2345(1)(c) and (f). For the record, Mr. Nary, can you tell us what (f) is regarding? Nary: Litigation. De Weerd: I should have done that when we approved of the agenda. Nary: Yes. I'm sorry. Yeah. It's potential litigation. De Weerd: I just said that. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll? Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (10:18 p.m. to 10:56 p.m.) Meridian City Council May 26, 2010 Page 65 of 79 Zaremba: I would entertain a motion to come out of the Executive Session. Bird: So moved. Hoaglun: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? We are out of Executive Session. MOTION CARRIED: ALL AYES. B. Future Meeting Topics Zaremba: Next item on the agenda is future meeting topics. Caleb, are you running that or is this just a free-for-all discussion? Or Robert? Simison: Council, what we were hoping to come and have a brief dialogue with you tonight -- especially in light of the upcoming ACHD joint meeting is what type of topics are appropriate for that meeting, but also to make sure that they are topics that the Council has a general agreement on before we even approach them for discussion. And some of this relates to a couple of the different issues from the house bill this last year, 583, relating to what type of things -- either they feel responsibility or inclined to do and what type of things that the Council may think that they are inclined to do as part of their roadway improvement projects that they do. I'm going to ask Caleb to come up and at least give you one specific example of something that's currently taking place related to the split corridor phase two and, then, also, you know, this just of kind goes in some of the cost share discussions and landscaping requirements that the city has on roadway projects, whether it's around retention ponds or everything else. So, Caleb. Hood: Madam Mayor, Members of the Council, the one specific example I think that paints the best picture that Robert alluded to for split corridor phase two, there is a pond site that ACHD's in design for behind Albertson's off of Meridian Road there. I'm trying to recall the name of the road that goes back in in behind Albertson's. A public street. This pond site isn't right on the roadway there, but our pathways master plan has a pathway along the creek that runs through there and on the backside and some of the back and forth, at least at the staff level as far as has been our pathways plan, shows a multi -use pathway on the south side, kind of the southeast side of that pond site, and ACHD is saying we don't build pathways, we do roadways and the drainage associated with -- with those. So, some of the concern that we have at staff level is we hold other developers -- not so much other agencies thus far -- to a certain standard and we think that the highway district should adhere to those standards as well, but we don't want to push that too far if that's something that the Council doesn't believe that should be part of the project as well as that should be something that the city ponies up for, but the Parks Department -- again, it is part of the city's pathways master plan and should be constructed some day and if it's not going to be ACHD with this project, it would have to be the city at sometime in the future or it doesn't get constructed. So, that's, essentially, Meridian City Council May 26, 2010 Page 66 of 79 what's going on. Landscaping also these pond sites have been a concern and we still haven't any revisions to that master agreement that we have asked for several times. They could be working on it, but we haven't seen that and we thought we had some understanding of at least those minimums that we would like to see along arterial roads for when they put those pond sites in for fencing and landscaping and whatnot. But, again, we haven't seen any -- anything back from ACHD with what they are willing to do. So, I don't know if they are intentionally dragging their feet or not, but, again, we haven't drawn any conclusions to that issue thus far. That leads into another issue similarly and this is all generally under the cost share umbrella, which you're all somewhat familiar with. We do have our first -- just last week I think it was we got our first draft of the cost share agreement for the Ten Mile -- what I will call the gap project between ITD's project at the new interchange at Ten Mile and the realigned Overland Road, that segment, there is going to be two landscape planters and there is an agreement that ACHD legal has drafted and shared with us, you know, that lays out that the city will be responsible for the installation and maintenance of the landscaping within those planters. So, that will be kind of our -- your first blush. I'm not quite sure when that's going to be presented to you. I need to talk with parks a little bit more and legal on how and when that gets presented, but that's just another issue of kind of where that line in the sand has been drawn by the highway district. These certainly could be separate sub topics at a joint meeting or, again, under one larger umbrella of you're our highway district and these are the things we want you to do or couched some other way or maybe you feel comfortable -- yes, we want to see these things, but, no, we should be on the hook for those things. But those are just some examples in addition to the legislation that Robert mentioned. I think that all, again, kind of falls under that umbrella of what they believe their charge is and maybe we are at the staff level again we think somewhat differently on that, so -- De Weerd: Well -- and I guess to add, we did get a letter -- I think a copy of a letter that the city of Boise sent and -- on their position regarding cost share and right-of-way design and maintenance. Hood: Right. Right. Yeah. I have seen that letter, Madam Mayor. De Weerd: Okay. But that will get to Council at least for a point of reference and maybe even whatever else information you need. I guess in discussions from -- with the other communities, not specifically on this, but there has been concern on other cities' behalf of the TLIP, that the cost sharing, what's going to be fund -- funded or not funded and without that local discretionary percentage or whatever, the cities can either decide they would fund that or an intersection project or something, they feel that our General Fund continues to take the hit for things that other communities wrap up into their transportation dollars and we need a better gauge to what the feeling of Council is on that. Hood: And, Madam Mayor, if I may paraphrase a little bit of Boise city's letter, it was somewhat dated, a lot of the tables and charts they used. I think the most recent numbers they had were from like 2004. It, essentially, showed that the revenue Meridian City Council May 26, 2010 Page 67 of 79 generated in Boise city was being used to subsidize projects in Star and Kuna and Eagle, because their property tax values and registration fees and gas tax dollars and all these things weren't enough to do some of the projects in those communities, so Boise is putting all this money in and the projects are being built in other places and they are -- essentially, what they are saying is we want our cut of what we are putting into ACHD and we don't think we are getting it. I don't know that anyone knows what -- they are getting, just because the impact fee area that they have got broken up are in fourths and there is six cities in the county and -- so, that was part of what that letter -- think the heart of what that letter was getting at was they think they are subsidizing, essentially, the rest of the projects in the county. We will share that letter with you, but I just wanted to give you some of -- and that was shared with them and I believe they discussed it at a joint meeting between Boise city and ACHD, at least that's what it alluded to in the letter was a May 5th meeting. So, earlier this month. I don't know what happened at that meeting. I have not heard anything about that. But I believe that letter was prepared in anticipation of a joint meeting between Boise city council and ACHD commissioners, so -- De Weerd: Yeah. This letter was written prior to that joint meeting. Hood: Right. De Weerd: Yeah. So, we may want to get the minutes and see what their discussion was, too. Zaremba: Madam Mayor, just a comment on Boise's assumption that they are subsidizing everybody else. It -- it depends on what snap shot of ACHD's program you look at. If you look at a longer period going back farther, Boise was getting all the projects and all the other cities were subsidizing what they were getting and because these are big projects with a long lead time, any year you look at, five cities are going to be subsidizing the sixth city and it won't always be the same five or the same sixth one and, yeah, I have no doubt that Boise could pull some figures out and say, okay, these years we subsidized the rest of the county, but it's a pendulum that swings back and forth on a very multi-year schedule and it runs the other way around in other years. Personal opinion. But from being on the CICAC, that's what it looked like to me. Rountree: My guess is that we could probably get the argument from the county they don't get -- they are subsidizing everything. Zaremba: Uh-huh. Rountree: And everybody. So, I mean -- De Weerd: They should. Rountree: And, then, you're right, they should. You're not -- Boise is not going to get anywhere without that argument, nor are we. Meridian City Council May 26, 2010 Page 68 of 79 Bird: No. Rountree: And I'm not sure we will get anywhere with them trying to make a point of the TLIP and who pays for what at this point in time, as long as there is that issue that's outstanding that is our position that they, in fact, are a service organization and do provide transportation for our plan, as opposed to what they believe they provide the transportation for their plan where ever they choose to provide it, based on their criteria. I think that's how it works. I believe we all went through a process to identify projects and how to prioritize and in the process to prioritize those projects, which ACHD did not necessarily follow. So, to me the underlying issue is that we have got a position that we believe in, they got a position they believe in, we got to get through that before we can get to who pays for what, I believe. And I can tell you from ACHD's point of view, they probably feel like we have spent the last four or five years trying to get everybody into agreement and nobody wants to agree. I don't know how much they have moved on their position and I don't know how much the cities have moved on our position, but we have not moved together. De Weerd: I guess, Caleb, what the Council needs is what have we agreed to? Hood: Right now, Madam Mayor, Members of the Council, we haven't agreed to anything. ACHD has adopted some policies and some resolutions saying this is how we will conduct business. If you want to put in your pathways, feel free to. That's part of our project, but you need to pay for that as part of our project. Again, they said this is what we do -- De Weerd: So, they -- that's a mandate. They have pretty much mandated we are not doing these things, we don't care if you want them or not, and if you want them we can put them in, but you have to pay for it. Hood: Essentially. Their legal staff has said this is what we can legally do. We can't pay for these things, because our legislative charge is to be a roadway authority that does these things. Do those things if you want them. We can put them in with our roadway projects, but we can't pay for them. It needs to come out of from somewhere else. So, we can cost share with you on this larger project and do a project that encompasses whatever the cities want and we will pay for lane miles, five foot wide sidewalks, and these other things. Any amenities -- what they call amenities, they won't touch. They will help us get them into the project, but, again, the dime has to come from somewhere else. De Weerd: Have we evaluated, Mr. Nary, the legislation to -- to see if their assumptions are, indeed, correct, that they can't pay for these kind of things, even though for the last decades they have been? Nary: Madam Mayor, Members of the Council, I know we have looked at the legislation. I guess I don't know how deep the analysis has been, but in looking at the legislation, Meridian City Council May 26, 2010 Page 69 of 79 both myself and Mr. Baird, I mean we disagree with their analysis, because they wouldn't have to go to the legislature to ask them to make sure it's clear we don't pay for this stuff, if it was already clear that they don't pay for this stuff. So, I don't believe it's as clear as they would like it to be. I think they want clarification, which you recall at the committee level at the legislature there was some legislators who were very adamant that roadway improvement is asphalt and striping and roadway improvements aren't anything beyond that and there were other members of the legislature that believed that those aren't amenities when it's a sidewalk or it's grass -- a separated sidewalk and there is grass attached to it, there is some that don't believe that, that that isn't part of the road. When Boise city's project that they finally did agree to with ACHD, which took them a year to get to an agreement, they also only got to an agreement, but also included in their agreement that they didn't accept ACHD's policies and they weren't consenting to agree to that, which I don't think is bad policy, because, again, you're going to agree to whatever you want to agree to, you don't have to necessarily accept their policy as law, because it's not. So, I think, you know, what Caleb said is right, I mean we have entered into -- they have created some expectation -- or the city's created some expectation to partner on this Ten Mile project in some fashion. What that fashion is, that's what the discussion point is I think for all of you. Hood: And, Madam Mayor, if I can follow up on that last point that Bill made. I mean if we choose not to recognize the cost share policy or anything in TLIP, they will build five lane roadways with attached sidewalks where ever they can and that's what we will get when we get a project. We don't have to partner with them on anything. They will just build what they want to build and they will go on their way, if they build anything in Meridian. So, the ball's really in our court to either say -- you know, again, they are saying these are the rules of the game. If you want to play, here is how we play. And that's really what's on the table with this first one. I don't know if we want to do what Boise city did and say we are agreeing to partner with you on this project, but the next project we think you should do it or we aren't agreeing to this in principle, but we want to see this project move forward. But, essentially, that's what they have done is for -- on a project -by -project basis they will say do you want to partner with us on this. If so, here is what your portion of this project is. We can say yea or nay. So, those are kind of the rules that have been established thus far. Rountree: And I think that that's an indication of the economic times that they are going through, as the rest of us are. If it were a federal aid project, there is no question, the amenities could be paid for by the federal aid, with matching dollars from ACHD. Just no question. In fact, if it wasn't included, they wouldn't get the federal aid dollars. If you want to say, well, that ought to be how it happens locally -- and this is a question for Bill and I will relate -- the Idaho Transportation Department is specifically excluded by statute not to have to comply with local land use planning and zoning. Kind of a fluke, but that's how it reads. But I don't believe that applies to ACHD. I think they have to comply with our Comprehensive Plan and our land use plan and our vision for our community. If that's the case, then, they have to build projects that are consistent with that. I don't believe they can mandate or create a policy that's counter to that. Now, do we want to have grandiose landscapes and things that we don't really want to have to Meridian City Council May 26, 2010 Page 70 of 79 maintain forever in certain areas? Maybe not. To me, the partnering is working with them, so they understand what our vision and our Comprehensive Plan and what our plan includes. They don't have to build a Comprehensive Plan plan because they don't have land use authority and I think that's -- that's where the rub lies, is I believe they think they have land use control authority, because they, basically have got us. Play by our rules or we don't give you any money. I think the rules are in our favor in terms of them having to comply with providing us adequate transportation facilities that are consistent with our plan and if they don't, I think they are in violation of state statute. That's my position. De Weerd: So, we need that to have an evaluation and -- Nary: Madam Mayor, Members of the Council, I mean I think -- I think what they are -- what they are doing -- and if I was in their position I would probably do it, too -- is instead of wanting to have the argument that they have had forever over what can we afford, what are we willing to do, what do we want to do, which is really where the arguments have been for the last 30 years, they have said -- they have taken a legal position that we can't, that the way they want to interpret the law says we can't. So, what's our remedy? The remedy for the cities -- all cities -- not just us, but all cities is come sue us if you think it's different. If you want to sue us and get a court to rule in your favor, then, go ahead. As we all know, that's an expensive way to get to the point of something, but I believe that's where they, basically, want to, basically, put their eggs in that basket of you have to sue for us to get -- change our mind, we have made a decision that this is a legal issue now, not an issue of politics, not an issue of cooperation or team work, it really is an issue of legality. I think we disagree on their legality, but that doesn't mean much if they want to say come sue us for it, but I think that's really where they are at. De Weerd: So, if all six cities say, okay, we will all collectively do this, why do we want to cost our citizens -- our same citizens that money? Bird: Twice. Nary: Right. De Weerd: That's how Ada County does it and we shouldn't all just make the judge decide. Nary: Right. Bird: The citizen would be paying through the city's suit and we will be paying through Ada County Highway District's suit. Rountree: Well, to me that's the question you ask the Attorney General. Not have ACHD legal's counsel come to that conclusion and advise their board that way. They have already established precedent. They pay for all of that stuff, their match, on a Meridian City Council May 26, 2010 Page 71 of 79 federal aid project. Plain and simple. They do it and they do it already. They don't build very many of them, but if there is a call for some amenity to compensate a right-of- way impact or an environmental impact or whatever, it's included in the project, it's included in the project cost and if it's their project, it's their federal aid, they participate in it. So, I don't think the argument really washes well that they can't. I can appreciate they don't want to, because they want to get the most lane miles they can out of their dollars and I think that's -- I don't disagree with that, but the idea that it's our way or no way is -- just doesn't work and I think we have to take the same kind of position that it can't be just our way or the highway on them either. I mean we have got to -- we have got to make it work within the budgetary constraints and, you know, I think we have got an example where we did that on Overland, where that's extended and we had visions of raised medians and planters and all that kind of stuff and, really, all we ask them to do at this point in time is accommodate that for sometime in the future. We will figure out how to do it at some point in time in the future, whether we do it or whether we do it with them or whether they do it, I don't know. And, hopefully, we can do it together, because I don't think they want us out in the middle of their right of way building planter boxes. Bird: No. De Weerd: I don't want us out there. Bird: I don't want us out there either. Rountree: Uh-huh. Hood: If I may, I don't -- it's all -- there is a ton of thoughts rushing through my head. Rountree: I'll bet. Hood: I will try to share some of them and you -- that same Overland -- maybe I will work backwards, since you talked about Overland. We received a letter today for possible joint meeting topics about Franklin Road, because that's going through design now, and those right-of-way owners between Linder and Ten Mile have been contacted by ACHD about purchasing right of way and they submitted a letter. I didn't count up how many of the property owners, but it looks like it's the vast majority of the property owners in that one mile section that signed a letter saying they strongly oppose or adamantly oppose the center median that's part of that design project now. They have asked for some time with both City Council and ACHD commission. I didn't know if that -- if we wanted to have a -- have that discussion -- we could even invite -- Brad Miller is the one that signed the letter with co-signators. Rountree: We all got a copy. Hood: Okay. You already got it. I don't know if that's something you want to do now or -- Meridian City Council May 26, 2010 Page 72 of 79 Bird: Brad Miller wrote it. He didn't sign it. He's not a property owner. Rountree: Van Auker signed it. Bird: Van Auker. Hood: Right. For Van Auker. Bird: Van Auker signed it. Hood: I didn't know if that was something you all wanted to discuss with ACHD's commission or just have those property owners or Van Auker come in here or Brad or whoever is going to represent the property owners out there. Steve Sedlacek, SSC, the Joint School District, are all in that -- property owners in there as well. So, I kind of need a gauge of if you wanted to just do that and have it be in this forum, we can do it similar to what we did with Overland Road or get on the same page with ACHD's commissioners or try to at least. I don't know what the thoughts are there, but we did receive that request. Rountree: I think the -- the concept is a concept that came out of our plan. So, I think that the discussion probably ought to be with us. Do we want to move forward with it or do we not. I don't know that ACHD cares one way or another, but I guess if their position is the same position they have put us in tonight, that Meridian makes the decisions, I think we will gladly do that, but let's have that across the board. Don't just put us in that position when they are kind of in the hot seat. Bird: As I remember, that was just staff, Charlie. Rountree: What's that? Bird: That position they put us in. Rountree: I understand it was staff, but that's -- and that, in fact, is one of the issues think we have is that staff only has certain latitudes and same as before, the issues have had with staff coming and asking for our comments, we give them comments and, then, come back a month later saying, well, it's going to cost you money. Bird: Yeah. Rountree: Don't do that to me. Hood: Well, on the Franklin -- on the Franklin Road project, to ACHD's credit they did -- mean we did ask them, because it was part of our plan. If we want to step back now and say it's no longer part of our plan, I think they would say, okay, we are not going to do that, then, because the city -- but, you're right, it's because, then, you wouldn't have Meridian City Council May 26, 2010 Page 73 of 79 20 angry property owners. I mean it's the easy thing for them to do or should. If that's what the Council decides to do after that testimony, I think they would back down and say, well, forget that, we are not putting in landscape center medians -- or center medians at all. Forget the landscaping. I think they will do -- they will do what they did on Overland Road, essentially, and just do a five lane roadway with possibly accommodations for them in the future. I don't know. But it's a real similar situation out there and mostly undeveloped properties. De Weerd: And it will cost in generations to do it -- Rountree: Well, but I think when -- as they acquire right of way for that corridor, they have to keep in mind that they still have to control the access to those points of access that ultimately will accommodate a raised median down Franklin if we opt not to do it right now. But not just open up all the access to every quarter mile down that thing and that, to me, is where we partner. Okay. We like the raised median, because it's kind of entry -- or the planter, because it's an entryway, it's consistent with our long-term vision out there, but that's a long-term vision. That might be 40 years before that comes to play. But they are building the road right now. Again, that's a situation that we have not been in in the past where we get a road before we get development. Far too often the other way around. So, maybe we can -- maybe we can wait for that. But, please, be consistent with the plan sheets that show that with the points of access as you acquire right of way and you -- you tell those property owners and put it in the acquisition papers that this is the access you will have and it's anticipated that frontage roads and backage roads and internal local roads and/or connectors will be included in the development on your properties in the future. That's how we can work together. Maybe we could back off on the planting medians for now. I don't know. That's for yet another meeting, but -- Hood: But what I'm hearing the Council decision -- Rountree: I'm finished talking. Let somebody else talk. Hood: I mean we will let those property owners come here and pitch that to the Council, though, right? I mean that's not a joint meeting topic, that's -- at least what I'm hearing from Charlie. Zaremba: Madam Mayor, my question would be when we were developing that corridor and the area plan around there, the property owners were included, ACHD was included. This is not something that the Council went into executive session and made up by ourselves, this was a joint effort with the very people who are having a different opinion now and I wonder how that happens. Hood: Madam Mayor, Councilman Zaremba, I can try to answer at least what I have heard from folks. I was wearing a different hat at the time and I was doing more current planning stuff and I attended a few hours at the charrette, but I was not an active participant in that. But what I have heard from two or three of the property owners out there was -- and there is two different things going on. This same project -- ACHD Meridian City Council May 26, 2010 Page 74 of 79 project was going through its public involvement process at the same time our Ten Mile charrette and Ten Mile interchange planning process was going on. So, some people were going to ACHD's public involvement and they are looking at a five lane roadway with attached sidewalks, you know, typical ACHD roadway stuff for 2006-2007 when this was going on. And what we had going on at our charrette, which they were invited to, was something evolved that was different, that included medians and that was kind of a later add onto that. The genesis of the medians, though, from what I understand, is access management and that's the key. That's why I think the critical part is limiting the access points. It's not that they are these grandios landscape medians. Yes, it's an entryway corridor into the city and it would be nice for them to be landscaped, but you got an interchange with who knows how many cars a day day one that opens and you're going to get a lot of people that are going to be using Franklin, so we didn't want to gum that up and have a five lane roadway that recently constructed that fails. So, limiting access was the driver for how we got to -- first of all, landscape -- or medians at all and, then, later on that they be landscaped. So, yes, they were invited. What I understand that a lot of them did not participate, because they thought they were participating in the roadway aspect at ACHD. We have learned a little bit from that with our south Meridian plan and that we coordinated better with ACHD on some of that stuff and we did joint public involvement meetings, but at least that's the -- I don't want to call them an excuse, but that's the story I have heard from a lot of the property owners where we didn't know this was going on. Yes, we tried to get them involved, but they really -- they said they didn't attend or whatever -- oppose us previously if they would have known. So, I don't know if that fully answered the question, but it's hard for me to answer that, because I don't know what they were thinking at the time. Zaremba: I didn't really expect you to plumb all of their minds and answer for them, but that helps. Hood: But that was going on. But that was -- ACHD's process with this design was going on concurrently, so that -- I could see that happening. Zaremba: Yeah. Hood: I will -- De Weerd: I think it's so late, you're not going to get very valuable information. Zaremba: Some of us are fading. De Weerd: I know I'm not engaged. Hoaglun: I just noticed that Caleb never did say when -- when Councilman Rountree was talking about some things we need to fix, he never did say I will take care of it. I didn't hear that at all. Rountree: He will. He will. Meridian City Council May 26, 2010 Page 75 of 79 Simison: Well, just to give you an idea -- if Jaycee could read the two items that are on the agenda for the joint meeting. ACHD did -- they did ask to take off the Three Rivers discussion that we had on there, because of the joint workshop meeting that they are holding on this. Bird: That's June 9th. Simison: On June 9th. You know, our thought was to leave it up -- to try to get them to leave it on there, so there could be a discussion beforehand, but would ask that question if that's something you guys want to continue to have at that meeting. Rountree: I don't see any value in talking about it twice. Simison: Okay. The other things were the MOU for waiver of fees that was on there -- Holman: Fiber. Simison: And Fiber. So, those are the only two things on the workshop agenda as a joint meeting agenda at this time, unless you want to delve into any of these other topics with them at this point in time. We can always just leave it as an other and leave it up to -- at that point in time for discussion, but these are the two items at this point in time for the joint meeting. Rountree: Didn't we have another topic? De Weerd: Yeah. Bird: Yeah. Simison: We had Three Rivers, but it was off. Rountree: Kleiner Park. Bird: And Kleiner Park. Rountree: Yeah. Simison: But that was resolved tonight, maybe? Zaremba: Yes and no. It actually wouldn't be a bad idea to have a discussion about Records Road. Not necessarily Kleiner Park, but Records Road. Simison: Okay. Meridian City Council May 26, 2010 Page 76 of 79 Hoaglun: And I don't know that it's an issue that Councilman Rountree raised, I don't -- you know, we aren't going to solve that in that meeting. Is there a portion of that discussion we can have to kind of say, okay, let's at least take this -- I don't know if there is. If there is not, then, let's not open the whole Pandora's box and not get anywhere and waste everyone's time. But if there is some things we can say, you know what, we need to focus on this and maybe set the stage for future discussions is always a good thing, but I mean Councilman Rountree raised some issues that I think we need to -- need to kind of see if we can make some progress on. But I'm not sure how to put it in that nice neat box to -- De Weerd: Yeah. I don't know if we can do that before our joint meeting. Rountree: And I'm not sure it's necessarily a joint meeting. I would -- my sense is that we -- the other cities in the county need to recognize that there -- that, you know, we have not talked about the elephant in the room for the past four or five years. Hire a respected facilitator, give that person what the issues are and have him, her, whatever, get us all in the room together, so we can yell and scream at each other and still come out speaking. I mean it's -- it's a big issue. Hoaglun: I guess what I'm thinking is if there is a way to focus -- and this comes from foreign relations stuff where the two Chinas -- Taiwan's pursuing a strategy of economy first, politics later. If we can pursue a strategy of certain things -- the economy -- economics of projects and -- and we don't talk about the politics, we just find some areas we can reach agreement on and work on structure and, then, that evolves into some of those bigger, tougher issues that might be out there. I don't know. Just a thought. Simison: Well, we could narrow it down to one specific topic and ask about the retention pond and the pathway. If that's something that they feel like they should be party to that dialogue or part of their plan to meet our comprehensive plans and that would be one specific instance, which could open the box, and the only reason why we have been waiting to -- the split corridor is a ways away, but, you know, their staff has been waiting on our staff to provide them with some information and at some point in time before too long I think we have to get back to them on what we want to do as they are going through the design process for that. So, that's at least a topic that could be timely, but we haven't engaged them at staff level to figure out if we need to be pushing or not. Rountree: I don't know as a Council we have consensus amongst ourselves whether or not that's something we should participate in or not or they should do. We need to have that discussion first, Robert. Simison: Okay. Well, we will just leave it with Records Road, add that on. Those will be the three topics for now and if anything else comes up at that meeting in an appropriate way, there is always the other on the agenda -- Meridian City Council May 26, 2010 Page 77 of 79 Bird: Guarantee there will be. Simison: Yeah. Oh, yeah. Holman: Can I ask -- so, at this point I believe that Peggy has responded that Councilman Rountree and Councilman Zaremba would be attending the meeting on the 9th regarding the three cities. Is that it? Bird: On the three cities? Holman: Yeah. On June 9th. De Weerd: Three Cities river crossing. Bird: I was going to plan an attending. I told -- I thought I told Peggy. Holman: Okay. I just had been -- Bird: I want to go down and give my opinion on it. Holman: Okay. So -- Zaremba: I'm ayes. Hoaglun: Is that the 10th? Rountree: On the 9th, Brad. De Weerd: At what time? Rountree: 11:45 as I recall. Zaremba: Yeah. Bird: They are feeding us lunch. Hood: Or 9:45 1 believe it is. Holman: No. 9:45 is the one on the -- that's the joint meeting. I believe it's at -- I'm sorry, I'm logged in as Jacy Jones, so I can't access anyway. Hood: You're right. They are providing lunch, so get there so they can start the discussion at noon. Bird: That's what it says. Meridian City Council May 26, 2010 Page 78 of 79 Simison: Okay. Thank you. De Weerd: It needs to go away. Hood: Maybe just one more. I know everybody is fading. Maybe some -- some happy news to report or maybe something for the joint meeting potentially. CICAC. We are making some headway on working -- the system seems to be broken with how projects are prioritized at ACHD. We send them our priority list and they spit out something totally different. What we are looking to do is revamp the whole system, all six cities in the county sit down and we, with ACHD staff, compile a list of five years worth of projects that are constrained with their budget -- within their budget, that we recommend as a group to the commission to approve, rather that having ACHD staff recommend a group of projects. I would like to see an update given to you all on -- it's in its infancy, but if the commission squashes that, it's going to be the same old way they prioritize projects for the five year work plan. So, again, I would like to see that added, if it's something you all are interested in. I know it was -- that wasn't much of an overview of what it is, but we are working -- Boise city, Eagle -- Kuna is not at the table, Star is not at the table. We can't get them to come to the table on this thing. But it's -- the idea is we wear a regional hat, it's not this -- we put in this, we want that. It's we are looking at transportation from a regional perspective and we say this group of projects is best for Ada County, not you get two, you get one, you get half of one, because of population or whatever you're putting into the pot, but, you know, it's got to be run through models and all kinds of technical analysis, but we think this is the best group of projects for the region for transportation, for safety, for congestion, for all those things, but, again, I just wanted to -- if you don't want to do that, that's fine, too, I can come back later, but I think it's exciting, I really do think we can make some headway if -- if ACHD commission allows us to do this, what the CICAC is recommending, which is their charge, is to recommend to the ACHD commission how their impact fees should be spent and other fees and how this programing process works. So, do with it what you will, but I thought would at least put that out there at this late hour. I'm sorry that I had to share that, but that is some -- Zaremba: I, for one, would like to have that discussion and I have just -- when their prioritization point system was put together, the theory behind it was a very good theory, but you run the projects through that system and you come up with a certain priority and, as you said, when you see their list a month later isn't following that list. Hood: Right. Zaremba: And they have said, well, we changed it, because of this or that and most of the criteria that they are saying we changed it because of this, already was part of the point system, and it seems that a few things trump the whole rest of the point system, so if there is a different way to do that and, then, not allow them to massage it after the -- Meridian City Council May 26, 2010 Page 79 of 79 Hood: There would still be that opportunity for -- the commission has to approve the list of projects. I mean there is still that opportunity for them to massage it, make it -- make the group of projects whatever they want it to be, but at least there would be a unified -- all six cities in the county saying this is what we believe your priorities for the next five, six, seven years should be. If they choose to deviate from that, they are choosing to deviate from that. We have done -- we have some ways we can legitimize that group of projects and not say, well, we have got this money, we have to spend it, so we pick priority number 57, because it costs the right amount. Zaremba: Yeah. Hood: So -- anyway, sorry I had to -- Zaremba: I think we will be having that discussion with them. Rountree: I think we talk about it when the CICAC is ready to talk about it. It's, obviously, not our next meeting with ACHD. Hood: That's fine. It would be more of an update from their staff, rather than a discussion across table, so that's fine, too. So -- Rountree: Yeah. That would be good. Simison: Thank you. Bird: Mr. President, I move we adjourn. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. Thank you. MEETING ADJOURNED AT 11:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR nWY de WEE fb rFo [SATE APPROVED ATTEST: CEKi. H AIg, CITY CLERK /''• MINT`(, ��P` `�• 1111111110 Changes to the Agenda: Items 9.A&B Continue to July 6, 2010 (These items have been continued since November 25, 2008.) The ITD appeal is still in process and a final decision may be rendered by the end of June. Items 9.F&G Continue to June 1, 2010 Item 9.I — The applicant has requested withdraw of the subject application. Item: 9.A and B — Meridian and Amity (AZ -08-005 and VAR -08-008) Council Update: During the November 25, 2008 hearing two issues were left unresolved. The first dealt with the 75 -foot gas easement that bisects the property and the second was the three proposed access points to Meridian Road. The issue with the pipeline easement has been resolved and DA provision #19 has been revised accordingly in the staff report. However, access Meridian Road has not been resolved with ITD, therefore the applicant has requested their eighth continuance. Staff has included some options below for Council to consider before acting on the applicant's continuance request. Location: Northwest corner of W. Amity Road and S. Meridian Road Application: Annexation and Variance Highlights of Proposed Development: The applicant is requesting Annexation and Zoning of 73.10 acres from Ada County RUT to R-15 (Medium-high Density Residential) L -O (Limited Office), C -C (Community Business District) and C -G (General Commercial) zoning districts and variance request for three access points to Meridian Road for a proposed Mixed Use Development. Concept Plan- The concept plan currently depicts a large scale retail development which includes a large retail box store, a multi -tenant mid -box retail site, 20 individual retail buildings including several drive throughs, 3 office buildings and a 7.5 acre multi -family development. Buildings on the site range in size from 2,000 square feet to 184,000 square feet. The total square footage of office and retail uses proposed on the site is approximately 478,800 square feet. Access- The applicant is proposing two full access points to Harris Street; Three access points to Meridian Rd. - one right-in/right-out/left-in driveway and two right-in/right-out only driveways; two full access driveways and one right-in/right-out only driveway access to W. Amity Road and six full access driveways along the east side and one full access driveway on the west side of the proposed collector road. Outstanding Issue(s) for City Council: This project has been continued since the November 25, 2008 hearing. The purpose of the continuances was for the applicant to get resolution from ITD for the access points proposed to Meridian Road. The appeal is still in process and a final decision may be rendered by the end of June. The Council has the following options on the disposition of the subject applications: Option #1. Continue the hearings to July 6, 2010 as requested by the applicant. Option #2: The Council could move forward on the AZ application and continue the variance application until the July 6th hearing. Option #3: Move forward with the AZ request and deny the variance. If the variance application was denied the applicant could re -apply one year after the denial. Notes: CEIVED MAY 2 6 2010 CITY OFCME °�. CITY CLERKS OFFICE Items: 9.C, D, & E — Southridge West Commercial (CPA -09-010; AZ -09-010; RZ-09-006) Location: The site is located on the NEC of S. Ten Mile & W. Overland. Applications: ➢ Comprehensive Plan map amendment to change the land use designation on 60.74 acres of land from Medium High Density Residential, Medium Density Residential, Green Space & Park Land, & Mixed Use Commercial to Mixed Employment. ➢ Annexation and Zoning of 5.63 acres of land from RUT in Ada County to M -E (Mixed Employment) ➢ Rezone of 9.33 acres from R-8 (Medium Density Residential) to C -C (Community Business) Highlights of the Request: The applicant has submitted a concept plan for the portion of the site proposed to be rezoned to C -C. The concept plan depicts a right-in/right-out access via Ten Mile Road, a convenience store/gas station, retail, & (2) quick service restaurants. Drive-thru service windows are proposed for the c -store & both restaurants. Commission Recommendation: Approval at their March 18, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Van Elg ii. In opposition: None iii. Commenting: Janet Puga; Scott Nichols; Scott Gruba; Liz Turco iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Development of property adjacent to the Northwest pipeline and any applicable restrictions; ii. Direct access to Ten Mile Road for the property proposed to be rezoned; iii. Whether or not drive-thru establishments are consistent with uses desired in Mixed Employment designated areas and if so, should CUP approval be required. Key Commission Change(s) to Staff Recommendation: i. The Commission voted to recommend removal of the Development Agreement provision recommended by staff prohibiting access to Ten Mile Road in order to give the developer an opportunity to demonstrate how it could work for further consideration (see DA provision #h). Outstanding Issue(s) for City Council: i. Council should determine if direct access to Ten Mile Road, an arterial street, should be allowed, as requested by the applicant. UDC (11-3A-3) requires access to be taken from a local street where available; Staff determines the driveway off Overland Road into the site that stubs to the north boundary of the proposed C -C district (shown on the site plan) serves as a local street. However, Council may waive this standard and allow access to Ten Mile if deemed appropriate. If Council votes to allow the access to Ten Mile as proposed by the applicant, DA provision #h should be modified accordingly. [Note: ACHD Site Specific Condition #7.1.7 states that other than the one access specifically approved with this development application on Overland Road, direct access is prohibited to Overland & Ten Mile Roads consistent with the original conditions of approval for Southridge, except for emergency access (restricted w/bollards or a gate) if needed to Ten Mile. Additionally, the existing DA for Southridge also prohibits direct access to Ten Mile.] ii. Staff recommends DA provision #a be modified to read, "In accord with the City's Master Pathways Plan and the standards listed in UDC 11-3A-8, Aa 10 -foot wide multi -use pathway is required to be constructed along the Ten Mile Road frontage near the west boundary of the site. aE :a e A to Ten Mile Rea From the Overland/Ten Mile intersection north to the ACHD drainage pond site the pathwav shall be detached adjacent to Ten Mile Road. South of the ACHD drainage pond the pathway shall split into two separate facilities: a five-foot wide detached sidewalk along Ten Mile and a 10 -foot wide multi -use Pathway around (east & north) the ACHD pond tying back into the sidewalk along Ten Mile Road and continuing as a 10 -foot wide detached pathway to the north,• or, the applicant may pay ACHD for the additional cost of widening the pathway from 5 -feet to 10 -feet along Ten Mile Road in front of the drainage pond instead-y's Master- Pathways Plan and the standafds listed in 3-,4-8." Written Testimony since P&Z Meeting: None Notes: Item 9. H— Bridgetower Crossing Subdivision No. 14 (MFP-10-003) Location: The subject property is located east of N. Townbridge Way, north of Ustick Road and approximately a'/ mile west of N. Linder Road. Application: Final plat modification to add a common lot and stage the development of the approved final plat. Highlights of the Request: The applicant's plat modification includes two requests. The first request proposes is proposing a 20 -foot wide common lot adjacent to Lots 1 and 19, Block 45. The Applicant states the lot is necessary to accommodate the new drainage plan for the proposed Subdivision. Under the criteria established in the UDC, an increase in the number of open space lots is a valid change. Therefore, staff supports the increase in the amount of open space. The applicant has also submitted a revised landscape plan that shows the landscape proposed for the new common lot. The second modification request is to develop the plat in three successive development stages without submitting additional final plat applications. The applicant would like to plat three residential lots in the first stage since all the necessary infrastructure is in place and the applicant can move quickly to record and create buildable lots. Two additional stages would follow based on market demand. City Staff (Public Works and Planning) supports the phasing plan however a new set of mylars will be required for each development stage. Because the original final plat was reviewed and approved as a single phase, and no additional final plat applications will be submitted if the modification is approved, staff is recommending the applicant have 18 -months to obtain City Engineers signature on all three stages contingent upon approval of the time extension scheduled for the June 1, 2010 Council hearing. Outstanding Issue(s) for City Council: None Written Testimony: None Staff Recommendation: Approval Notes: Item: 9.J — Bridgetower Crossing Subdivisions 11 & 12 (VAC -10-002) Location: The site is located on the SWC of N. Linder Road & W. McMillan Road. Application: ➢ Vacation of the public utility, irrigation, and drainage easements on the interior lot lines of Lots 43-45 Block 32, Bridgetower Crossing Subdivision No. 12 & Lots 15-17, Block 36, Bridgetower Crossing Subdivision No. 11; and vacate a portion of the public domestic water & sewer easements on Lots 15-17, Block 36, Bridgetower Crossing Subdivision No. 11. Highlights of the Request: When the above -referenced subdivisions were recorded, utility easements adjacent to common lot lines were created. New development plans necessitate the vacation of these easements. The applicant states the easements do not contain any public utilities and are not needed. In addition, there are seven City of Meridian easements for sewer and water mains that also need to be abandoned as the facilities within these easements are to be removed. For these reasons, the applicant requests to vacate the subject easements. Outstanding Issue(s) for City Council: None Written Testimony: None Staff Recommendation: Approval Notes: Item 9.L — Madelynn Estates Subdivision (MFP-10-002) Location: The site is lot 1, Block 8 recorded with the Madelynn Estates Subdivision and is located internal to the subdivision and fronts on N Dehaas Avenue. Application: Final plat modification to convert a residential buildable lot to a common lot. Highlights of the Request: The applicant is requesting to modify the approved final plat notes to include the maintenance of Lot 1, Block 8 as a common lot for a community swimming pool. The lot was originally platted as single family residential building lot. The requested modification also includes language to ensure the fencing for the subject lot meets the standards set forth in the UDC. The UDC requires proposed changes meet all current UDC standards. Because the applicant is modifying the notes to increase open space and add an additional common lot to the subdivision, staff believes the standards set forth in the UDC have been met. Outstanding Issue(s) for City Council: None Written Testimony: None Staff Recommendation: Approval Notes: IDIAN'�-- Mayor Tammy de Weerd City Council Members: IVEJKeith Bird R. ECE) Brad Hoaglun Charles Rountree MAY 2 6 2010 David Zaremba CITY OFC�f$RQD-- CITY CLERKS OFFICE DELIQUENCY FOR TURN OFF Schedule for May 26, 2010 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pre- termination hearing. Users having delinquent utility bills will be shut off on May 26, 2010. As of May 25 at 3:20pm: The total amount past due is $11,420.16 The number of past due customers is 145 Karie A Glenn Utility Billing Manager Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: April 27, 2010 Pre -Council Meeting Minutes Q-W(-o,jed MEETING NOTES CLERKS OFFICE FINAL ACTION DATE' E-MLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 5 -Z-1 J C 40'. V,% Y►e o' Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: April 27, 2010 City Council Regular Meeting Minutes P(VpYoJ e A MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a n h t A Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: May 04, 2010 City Council Meeting Minutes P,ppYDQ eA MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS An V% Q' Meridian City Council Meeling DATE: May 261 2010 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: May 11, 2010 City Council Meeting Minutes AWY-CN e -d MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 5 - Z1 SC 4. rl MRd 91-7 Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: E. NEW Beer/Wine/Liquor License Approval for Catfish LLC., dba Schooners Located at 499 S. Main St. This Application is Pending Ada County Recorders Office Approval. f-�-PpM\)eA MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Z, 5. z -1 Ortacna( S =� To ,,j a -n CLJ Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Lease Agreement with Union Pacific Railroad for 3.12 Acres of Parking at East Broadway and East Third Street for Meridian Business Day, 2010 App"\) ed MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ,5.7--7 5• Z-1 N /A N p c.� Sewn or�91+ A 1 bice- i -o v5 �,,^ i V l UNION PACIFIC - MAY 2120113 Folder: 02586-75 ROBERT SIMISON CITY OF MERIDIAN MERIDIAN CITY HALL 33 EAST BROADWAY AVENUE, SUITE 300 MERIDIAN ID 83642 RE: Lease Covering Use of Railroad Property at Meridian, Idaho e� Dear Mr. Simison: Attached for your permanent record is a fully executed original of the above -referenced Lease The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to digging on the Railroad's property you must contact the Railroad Company at 1-800-336-9193 to determine if this property contains fiber optic cable. In any event, you should thoroughly review the terms and conditions of this Lease. In compliance with the Internal Revenue Service's policy regarding Form 1099, please be advised that 94-6001323 is Union Pacific Railroad Company's Federal Taxpayer Identification Number and we are doing business as a corporation. Sincerely, Paul Nahas c Assistant Manager - Real Estate pinahas@up.com (402)544-8624 Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Industrial Lease (Year To Year) 09-01-06 (Unimproved Property) Form Approved, Law Folder No. 02586- 5 Audit No. 3 LEASE OF PROPERTY (INDUSTRIAL LEASE - UNIMPROVED - YEAR TO YEAR) THIS LEASE ("Lease") is entered into on MOM Z I , 2010, between UNION PACIFIC RAILROAD COMPANY ("Lessor") and CITY OF MERIDIAN, an Idaho municipal corporation, whose address is Meridian City Hall 33 East Broadway Avenue, Suite 300, Meridian, Idaho 83642 ("Lessee"). IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Article 1. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") at Meridian, Idaho, shown on the print dated August 03, 2009, marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for public parking in connection with Meridian Business Day, and purposes incidental thereto, only, and for no other purpose. ,.�.., Article 2. TERM. The term of this Lease shall commence May 24, 2010, and, unless sooner terminated as provided in this Lease, shall extend through May 26, 2010. Article 3. ADMINISTRATIVE HANDLING CHARGE. Upon execution of this Lease, Lessee agrees to pay Lessor an administrative handling charge of Two Hundred Fifty Dollars ($250.00). Article 4. INSURANCE. A. Before commencement of the term of this Lease, Lessee shall provide to Lessor a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit C hereto attached and made a part hereof. B. Not more frequently than once every two years, Lessor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence, certificates and endorsements shall be directed to: Real Estate Department, 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690, Folder No. 02586- 75. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein written. Lessor: UNION PACIFIC RAILROAD COMPANY By: Manager 14al Estate Lessee: CITY OF MERIDIAN Title: 4\ Industrial Lease (Year To Year) 09-01-06 (Unimproved Property) Form Approved, Law Section 1. EXHIBIT B TO INDUSTRIAL LEASE (UNIMPROVED YEAR TO YEAR) No improvements placed upon the Premises by Lessee shall become a part of the realty. Section 2. RESERVATIONS. TITLE AND PRIOR RIGHTS. A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such times as will not unreasonably interfere with Lessee's use of the Premises. B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including, without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not interfered with unreasonably. C. Lessee acknowledges that Lessor makes no representations or warranties, express or implied, concerning the title to the Premises, and that the rights granted to Lessee under this Lease do not extend beyond such right, title or interest as Lessor may have in and to the Premises. Without limitation of the foregoing, this Lease is made subject to all outstanding rights, whether or not of record. Lessor reserves the right to renew any such outstanding rights granted by Lessor or Lessor's predecessors. D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere in any manner with the use or operation of any signboards now or hereafter placed on the Premises or with any property uses in connection with such signboards (such as, by way of example and not in limitation, roadways providing access to such signboards). In no event may Lessee construct on the Premises any improvements that interfere in any manner with the visibility or operation of any signboards now or hereafter on the Premises or on property in proximity to the Premises. Section 3. PAYMENT OF RENT. Rent (which includes the fixed advance rent and all other amounts to be paid by Lessee under this Lease) shall be paid in lawful money of the United States of America, at such place as shall be designated by the Lessor, and without offset or deduction. Section 4. TAXES AND ASSESSMENTS. A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's bill. B. If the Premises are specially assessed for public improvements, the annual rent will be automatically increased by 12% of the full assessment amount. 1 Section 5. WATER RIGHTS. This Lease does not include any right to the use of water under any water right of Lessor, or to establish any water rights except in the name of Lessor. Section 6. CARE AND USE OF PREMISES. A. Lessee shall use reasonable care and caution against damage or destruction to the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property. Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a hazard. B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's business. C. If any improvement on the Premises other than the Lessor Improvements is damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's bill. D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders relating to Lessee's use of the Premises and this Lease, including, without limitation, any requirements for ,.--� subdividing or platting the Premises. Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES. A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the Premises for the generation, use, treatment, manufacture, production, storage or recycling of any Hazardous Substances, except that Lessee may use, if lawful, small quantities of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises. The consent of Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not a contemplated use of the Premises is a Hazardous Substance use. B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises any underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet (100) of the center line of any main track. C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and notices issued by governmental agencies in connection with such Hazardous Substance use, together with such other information on the Hazardous Substance use as may be requested by Lessor. If requested by Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense. ia D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent to such use or any negligence, misconduct or strict liability of any Indemnified Party (as defined in Section 12), and including, without limitation, (i) any diminution in the value of the Premises and/or any adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment, remediation, decontamination, removal, investigation, monitoring, closure or post -closure. Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or under the Premises prior to the earlier to occur of the commencement of the term of the Lease or Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent property not controlled by Lessee, or (iii) placed on, in or under the Premises by any of the Indemnified Parties; except where the Hazardous Substance is discovered by, or the contamination is exacerbated by, any excavation or investigation undertaken by or at the behest of Lessee. Lessee shall have the burden of proving by a preponderance of the evidence that any of the foregoing exceptions to Lessee's responsibility for Hazardous Substances applies. E. In addition to the other rights and remedies of Lessor under this Lease or as may be provided by law, if Lessor reasonably determines that the Premises may have been used during the term of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being used for any Hazardous Substance use, with or without Lessor's consent thereto, and that a release or other contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any remediation of, or response to, the environmental condition of the Premises and the adjacent lands of Lessor, as Lessor reasonably may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and expense, to perform such work, in which event, Lessee shall promptly commence to perform and thereafter diligently prosecute to completion such work, using one or more contractors and a supervising consulting engineer approved in advance by Lessor. F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those substances included within the definitions of "hazardous substance", "pollutant", "contaminant", or "hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42 U.S.C. §§ 9601, et seg., as amended or in RCRA, the regulations promulgated pursuant to either such Act, or state laws and regulations similar to or promulgated pursuant to either such Act, (ii) any material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such other substances, materials and wastes which are or become regulated or classified as hazardous or toxic under any existing or future federal, state or local law. Section 8. UTILITIES. A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to Lessee. B. All utilities and services will be separately metered to Lessee. If not separately metered, Lessee shall pay its proportionate share as reasonably determined by Lessor. Section 9. LIENS. Lessee shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right to discharge any such liens at Lessee's expense. Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES. A. No alterations, improvements or installations may be made on the Premises without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in the operation of its Railroad and to such other conditions as Lessor determines to impose. In all events such consent shall be conditioned upon strict conformance with all applicable governmental requirements and Lessor's then -current clearance standards. B. All alterations, improvements or installations shall be at Lessee's sole cost and expense. C. Lessee shall comply with Lessor's then -current clearance standards, except (i) where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking possession of the Premises if such improvement or device complied with Lessor's clearance standards at the time of its installation. D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements �..., of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply with such requirements, nor shall any consent of Lessor be deemed to be a representation of such compliance. Section 11. AS -IS. Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty to maintain, repair or improve the Premises. Section 12. RELEASE AND INDEMNITY. A. As a material part of the consideration for this Lease, Lessee, to the extent it may lawfully do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against, any loss, damage (including, without limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of Lessor or Lessee) (i) for personal injury or property damage caused to any person while on or about the Premises, or (ii) arising from or related to any use of the Premises by Lessee or any invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees, licensees or invitees, or any breach of this Lease by Lessee. B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to any Loss determined by final order of a court of competent jurisdiction to have been caused by the sole active direct negligence of any Indemnified Party. 1 C. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall supersede the provisions of this Section 12. D. No provision of this Lease with respect to insurance shall limit the extent of the release and indemnity provisions of this Section 12. Section 13. TERMINATION. A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee specifying the default, Lessee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twenty (120) consecutive days. B. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee may terminate this Lease without cause upon thirty (30) day's written notice to the other party; provided, however, that at Lessor's election, no such termination by Lessee shall be effective unless and until Lessee has vacated and restored the Premises as required in Section 15A, at which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Notwithstanding anything to the contrary in this Lease, if Lessee has not complied with the requirements of Section 15 A, this Lease, together with all terms contained herein (including payment of rent) will remain in effect until the requirements of Section 15A are met, unless Lessor, in its sole discretion, elects to terminate this Lease. Section 14. LESSOR'S REMEDIES. Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises, without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and may lock out Lessee, all without being liable for damages. Section 15. VACATION OF PREMISES: REMOVAL OF LESSEE'S PROPERTY. A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or demand for possession, and (ii) shall have removed from the Premises all structures, property and other materials not belonging to Lessor, including all personal property and restored the surface to as good a condition as the same was in before such structures were erected, including, without limitation, the removal of foundations, the filling in of excavations and pits, and the removal of debris and rubbish. B. If Lessee has not completed such removal and restoration prior to termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (ii) take title to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such removal and restoration is completed. Section 16. FIBER OPTICS. Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried on the Premises. Lessor may change the telephone number and hours of operation by giving Lessee notice of the change. If cable is buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable locator, and make arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any damage or destruction of any telecommunications system. Section 17. NOTICES. Any notice, consent or approval to be given under this Lease shall be in writing, and personally served, sent by facsimile to (402) 501-0340, by email or by reputable courier service, or sent by certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: General Manager - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha, Nebraska 68179; and to Lessee at the above address, or such other address as a party may designate in notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the U.S. Mail. Notices which are faxed, emailed, are personally served or sent by courier service shall be deemed served upon receipt. Section 18. ASSIGNMENT. �—� A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's consent shall be void and shall be a default by Lessee. B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Section 19. CONDEMNATION. If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's personal property and fixtures, and the interruption of or damage to Lessee's business. Section 20. ATTORNEY'S FEES. If either party retains an attorney to enforce this Lease (including, without limitation, the indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees. Section 21. RIGHTS AND OBLI_GATIONS OF LESSOR If any of the rights and obligations of Lessor under this Lease are substantially and negatively affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or under federal or state judicial precedent, then Lessor may require Lessee to enter into an amendment to this Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably possible. Section 22. ENTIRE AGREEMENT. This Lease is the entire agreement between the parties, and supersedes all other oral or written agreements between the parties pertaining to this transaction, including, without limitation, Lease Audit No. n/a and any other lease under which all or any portion of the Premises was leased to Lessee. Notwithstanding the prior sentence, Lessee shall retain any and all obligations and liabilities which may have accrued under any other such agreements prior to the commencement of the term of this Lease. This Lease may be amended only by a written instrument signed by Lessor and Lessee. Approved: Insurance Group Created: 2/10/06 Last Modified: 7/2/07 EXHIBIT C Union Pacific Railroad Contract Insurance Requirements Lease of Land Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease (except as otherwise provided in this Lease) the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Premises" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non -owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Premises" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Lessee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. In any and all Claims against Lessor by any employee of Lessee, Lessee's indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under any workers compensation acts, disability benefits acts or other employee benefits acts. 4-1 D. Pollution Liability insurance. If permitted use as defined in this Lease includes any generation, handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above must include Lessor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 11, provide coverage for Lessor's negligence whether sole or partial, active or passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease. G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers' liability or commercial umbrella or excess liability insurance obtained by Lessee required by this agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises are located. I. Prior to execution of this Lease, Lessee shall furnish Lessor with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Lease. J. All insurance policies must be written by a reputable insurance company acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Premises are located. K. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will not be limited by the amount of the required insurance coverage. Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance MEETING NOTES S�a� regv es+ rece�v ed -� va.ca.�-e� Vaca CLERICS OFFICE FINAL ACTION DATE' E -M LED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS .5-:Z-7 Noh�tr� Q�t� Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: MDA 08-002: Approval of Second Amendment to the Development Agreement Dated February 17, 2006, Filed March 7, 2006 (Instrument No.106034786): Request to Modify the recorded Development Agreement for Volterra Subdivision and Create a New Development Agreement for a Mixed Use/Commercial Employment Area by Primeland Development Company MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MUM 6UUMI T MUHUEH J. DAVID NAVARRO AMOUNT .00 81 BOISE IDAHO 06/03/10 11:26 AM ECLisa Ban lt IIl l'll'llIIl'lI'lIIIl'I'IIIIIfIlI'11 RECORDED ED -REQUEST OF Meridian City 110051282 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Priimeland Development Company, L.L.P., Owner/Developer THIS SECOND AMENDMENT TO DEVELQPMENT AGREEMENT (this "Agreement'), is made and entered into this a (-1")0day of t4a , 2010, by and between City of Meridian, a municipal corporation of the State of Idaho, hereinafter called CITY, and Prhwland Development Company, L.L.P., an Idaho limited liability partnership; 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPEP, "Applicant" for the p uposes of this Agreement shall mean that party who applies to the City for development approval, which may be Owner/Developer or may be a third party who purchases a lot or other portion of the Property, as defined below. 1. RECITALS: 1.1 WHEREAS, CITY and the original OWNER/DEVELOPER, Mary Floyd and E. L. & Shirley Bews, Bews Family Limited Trust, collectively, entered into that certain Development Agreement recorded on March 7, 2006 as Instrument # 106034786 (the "Original Development Agreement") respecting real property more particularly described in the Original Development Agreement; and 1.2 WHEREAS, Owner/Developer, Mary Floyd and E. L. & Shirley Bews and Bews Family Limited Trust assigned all of their right, title and interest as the Owner/Developer to Primeland Development Company, L.L.P. and thereafter a First Amendment To Development Agreement was recorded on April 9, 2009, as Ada County Instrument No. 109040246. 1.3 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a portion of the real property described in the Original Development Agreement located in the City of Meridian, County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this refer m incorporated herein as if set forth in full, hereinafter referred to as the <`Property' ; and 1.4 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject property; and 1.5 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-511-3, which authorizes development agreements upon the annexation and/or re- zoning of land; and DEVELOPMENT AGREEMENT — VOLTERRA (RZ 08-004) 4816-1925-2485.3 1.6 WHEREAS, Owner/Developer has submitted an application for re -zoning of the Property described in Exhibit A, and has requested a designation of C -G (General Commercial District), LO (Limited Office), C -C (Community Business) and R-15 (Medium -High Density Residential) (Meridian Unified Development Code) ("UDC'); and 1.7 WHEREAS, Owner/Developer made representations at the public hearings before the Meridian City Council, as to how the subject Properly will be developed and what improvements will be made; and 1.8 WHEREAS, record of the proceedings for the requested zoning designation of the subject Property held before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction and received further testimony and comment; and 1.9 WHEREAS, the City Council, on the 23rd day of December, 2008, approved Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinaftr referred to as the "Findings' ; and 1.10 WHEREAS, the Findings require the modification of the Original Development Agreement to exclude the Property from the effects of the Original Development Agreement; and 1.11 WHEREAS, the Findings require the Owner/Developer to errW into a new development agreement in connection with the Property before the City Council takes final action on a zoning designation for the Property; and 1.12 WHEREAS, Owner/Developer deems it to be in his best interest to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and request; and 1.13 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Properly is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and DEVELOPMENT AGREEMENT- VOLTERRA (RZ 08-004) 4816-1925-2485.3 binding and are incorporated herein as if set forth in full 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interplvted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER means and refers to Primeland Development Company, LLP, an Idaho limited liability partnership, whose address is 3120 W. Belltower Drive, Suite 100, Meridian, ID 83646, the party that owns and is developing the Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY means and refers to that certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit A attached hereto and by this reference incorporated herein as if set forth at length. 4. TERMINATION OF ORIGINAL DEVELOPMENT AGREEMENT: Immediately prior to the recordation of this Agreement, City shall have executed, notarized and recorded a Partial Release of Original Development Agreement substantially similar in form to the Partial Release of Original Development Agreement attached hereto as Exhibit C and by this reference incorporated herein whereby the Original Development Agreement shall be terminated and be of no further force or effect as to the Property. S. USES PERMITTED BY THIS AGREEMENT: 5.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 5.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All future development of the Property shall comply with City of Meridian ordinances in effect at the time of development and be generally consistent with the conceptual site plan as shown within Exhibit B and submitted with DEVELOPMENT AGREEMENT - VOLTERRA (RZ 08.004) 4816-1925-2485.3 this application, as determined by the Planning Director. In the event that City shall change any ordinance subsequent to the commencement of any development, the ordinances in effect at the time of the original submittal of the relevant applicant shall govern such development. 2. All future development on the Property shall be subject to administrative design review. 3. The Property will no longer be subject to the Original Development Agreement, nor to that certain First Amendment to Development Agreement recorded at Instrument # 109040246 in the real estate records of Ada County, Idaho. 4. The C -G zoned portion of the Property, as depicted on Exhibit D, and the previously zoned C -G property as depicted on Exhibit D-1, shall consist of a minimum of 6 buildings with no one building exceeding 250,000 square feet; provided, however, this condition is not intended to prevent or interfere with the issuance of any and all applicable permits and/or certificates in connection with any one building prior to the completion of the minimum number of buildings or to create a default or zoning reversal hereunder if the minimum number of buildings are not constructed within any timeframe so long as the Project is generally consistent with the approved Conceptual Site Plan for the Project. The maximum allowable non-residential square footage for this portion of the development shall be 558,000 square feet. Owner/Developer hereby grants, conveys and assigns the right to construct up to 250,000 square feet of such 558,000 non-residential square footage to the fee owner of that certain portion of the Property legally described in the attached Exhibit F (the "Retail Tract'), leaving 308,000 square feet of non-residential square footage available to the remaining Property. This retail tract was approved as a separate legal parcel with a property boundary adjustment known as PBA -08-013 and shown as Exhibit G. Owner/Developer may assign other portions of such permitted square footage to subsequent purchasers of the Property or portions thereof for such persons' exclusive use. However, this is not a condition or the responsibility of the City. If a lot in the subject Property is sold to a third party, Om such third party Applicant shall apply for its own development approval with the City and will comply with the terms thereof. If such third party Applicant materially defaults in any agreement or arrangement with the City as part of its development approval process, such default shall not result in OwnedDeveloper, or any other subsequent purchaser or holder of an interest in any other Property, being in defauh of the terms of this Agreement. If Owner/Develope4 or any other subsequent purchaser or holder of an interest in any other Property, materially defaults in any term of this Agroanent, then such defaults shall not impact or otherwise impair the rights of a third party Applicant who has purchased a lot or parcel and is otherwise in compliance with the terms and conditions of its development approval with the City. 5. The C -C zoned portion of the Property, as depicted on Exhibit D, shall consist of a minimum of 11 buildings with no one building exceeding 200,000 square feet. The maximum allowable non-residential square footage for this portion of the Property shall be 464,000 square feet. DEVELOPMENT AGREEMENT - VOLTERRA (RZ 08_004) 4816-1925-2485.3 6. The L -O zoned portion of the Property, as depicted on Exhibit D, shall consist of a minimum of 5 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this portion of the Property shall be 120,000 square feet. 7. The R-15 zoned portion of the Property, as depicted on Exhibit D, shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a maximum of 75 buildings provided it does not exceed the density requirements of the R-15 zoning district with no one building exceeding 130,000 square feet. 8. The Owner/Developer shall construct five central plaza areas and associated pathway on the site as generally depicted on the Conceptual Site Plan. Due to the fact that the Conceptual Site Plan does not show a plaza on the retail tract, any holder of any interest in the Retail Tract is hereby released from any duty to construct such plaza areas on the Retail Tract and from any duty to contribute to the cost to construct such plaza areas elsewhere on the Property. 9. All buildings on the site shall be generally consistent in appearance with the photos attached as Exhibit E (large box, health care, hotel, health club, general business, senior living, skilled nursing, retail) submitted with this application, as determined by the Planning Director, 10. The proposed non-residential and residential buildings shall be constructed with high quality materials, including but not limited to: split fie block, stucco, wood and brick, with substantial stone accents, four sided architecture (for retail uses one side may not require full facade treatment if there is screening for the loading area), highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or file roofing materials and variations in colors, roof planes and parapet heights. 11. A 25 -foot wide buffer shall be constructed along W. McMillan Road and N. Ten Mile Road with a 5 -foot detached sidewalk. Any future collector streets shall have a minimum 20 -foot wide landscape buffer on each side of the street. Any future local commercial streets shall have a minimum 10 -foot wide landscape buffer. Thew buffers shall be desigtied in accordance with the standards listed in UDC 11-3B-7 and shall be constructed with plating of the Property or with the issuance of the first building permit if the plat has not been recorded. 12. The Applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-313-8 which outlines the standards for parking lot landscaping. 13. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to all new construction on the Property. 14. Any future signalization installed as the result of the development of the Property shall be equipped with Optieom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the Applicant. 15. The first driveway access onto Ten Mile Road as shown on the Conceptual Site Plan just north of McMillan Road shall be designed as a right-in/right-out DEVELOPMENT AGREEMENT— VOLTERRA (RZ o"") 4816-1925-2485.3 driveway. 16. The Applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-311-8 and I1-313-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the north east/west roadway is constructed on the Property. 17. The Applicant shall provide a method for notifying homeowners of future multi -family residential development plans. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this Agreement, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. It shall be deemed a material default under the terms of this Agreement if an applicant begins construction on the Property and thereafter fails to proceed with the development or suspends development activities for a period of four (4) years. 8. DEFAULT/REVERSAL OF ZONING DESIGNATION: 8.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 8.2 Notice and Cure Period. In the event of Owner/Developees or Applicant's default under this Agreement, Owner/Developer or Applicant shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty. (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 8.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 8.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any sudor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT- VOLTERRA (RZ 09-004) 4816 -IM -2485.3 8.4 Delay. In the event the performance of any covenant to be performed hereunder by Owner/Developer, or Applicant or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfommce shall be extended by the amount of time of such delay. 8.5 Waiver. A waiver by City of any default by own"(Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 9. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Aunt or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written Completed improvements approval of such com p provements or portion thereof in accordance with the teams and conditions of this Agreement and all other ordinances of the City that apply to said Property. 10. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, at Owner's/Developer`s cost, indexed against the property, and submit Proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrrunent of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES AND IMPACT FEES: This Agreement shall be enforceable in any court of competent jurisdiction by City, OwnalDeveloper, or Applicant or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agz+ meats, conditions, and obligations contained herein. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed raider Meridian City Code §11 -S -C, to insure that installation of the improvements, which the owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer has entered into an addendum agreement stating when the improvements will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, DEVELOPMENT AGREEMENT- VOLTERRA (RZ 08.004) 4816-1925-2485.3 completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: Except as otherwise provided herein, the Owner/Developer agrees to abide by all ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 with copy to: City Attorney. City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Primeland Development Company, LLP 3120 W. Belltower Drive, Suite 100 Meridian, ID 83642 16.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation DEVELOPMENT AGREEMENT- VOLTERRA (RZ 084)04) 4816-1925-2485,3 of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised fiom this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understaffing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re- zoning of the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall publish the duly adopted amendment to the Meridian Zoning Ordinance in connection with the zoning of the Property. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN, a municipal corporation By: s� Mayo y deWeerd OWNER/DEVELOPER PRIMELAND DEVELOPMENT COMPANY, L.L.P., an Idaho limited liability partnership DEVELOPMENT AGREEMENT - VOLTERRA (RZ x"N) 9 4816-1925-2495.3 By Varriale Construction, Inc., General Partner ATTEST: By: r r r r ►►,,, Frank S. Varriale, President ay Holman, City Clerk�S' SEAL Schedule of Exhibits: '��'''%,�V►�Y ��`��� '�►►►rnr nn��� Exhibit A Legal Description of the Property Exhibit B Findings of Fact, Conclusions of Law and Decision & Order Exhibit C Form of Partial release of Original Development Agreement Exhibit D Description and Depiction of Proposed Zones Exhibit D-1 Legal Description of Existing C -G Zone Exhibit E Photos and Renderings Exhibit F Legal Description of Retail Tract Exhibit G Property Boundary Adjustment PBA -08-013 DEVELOPMENT AGREEMENT— VOLTERRA (RZ 09-004) 10 4916-1925-2485.3 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 112-t day of WQU.A , 2010, before me, the undersigned, a Notary Public in and for said State, perso lyaPPeared Frank S. Varriale known or identified t me to be the President of Varriale Construction, Inc., General Partner of Primeland Development Company, L.L.P., the Idaho limited liability partnership that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability partnership, and acknowledged to me that such Idaho limited liability partnership 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. KIMBERLY WINKLE Notary Public State of Idaho STATE OF IDAHO ) ) ss. COUNTY OF ADA ) Notary Publi f Idaho Residing at: My commission expires• / 2 JS On this 2j_ day of 2010, before me, the wders*wd, a Notary Public in and for said State, personally appeared ammy de Wand and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who exerted the of behalf of said City, and acknowledged to me that such City executed the some IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •�1G AA . R�'•.c3�'. 11.0 Z • No Public for I o •, • Residing at:_ )�Itjvla 1 L> My commission expires: NLl DEVELOPMENT AGREEMENT— VOLTERRA (RZ 08-004) J t 4816-1925.2485.3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY (SEE ATTACHED) 4816-1925-2485.3 „tunpZl. 2005 VOLTERRA 8titlriM MION A pW *af hnd 1ocafbd'tn tli! N % orIo NE % of Ssotloe 34:aau! Q+e S X d Section 27. T. {M-. R.1W« D.K. Ada h Idsho, mons t d 8"af ' As Iblmw ,�onvnsr�lnp.af the cower aamntwt to SeCBcnt ZB. $5, endri v�iA'Rectbhs 27'd .44 Imm Wr” to Ya comer corrrrrron io iw $sogarts 27 ong 1}4 beim No* WWW Week 266447 fast. add P*d b ft the REN: PQjWr OF B.MMS% • e along tbs east tint of the, NEx of aaid•sectloR 34:>`faitlt Otl'p3.19� Wrist; 131w"f to the southeast aonwr ptow NA til sod NS V4. Thence W wtg Vm mwNti * af,** N;l6 ore* NE X Nofilt 8Yl06'68' Wast; 2851.08 toot tie the eeutlteast corner of sold tV 73;,pf:ths-NE 1b; Thence along the west flee oF*Wd N Wof ft NE ICMQftW44"1T EM 13?4M lost 19"% d4MW camttgn to" SectioltiM and 27; =; Thence sloop els woof Ra of ifte, SE XO SM,860" 27 Nath OD -29 W Seek 84491 teeiip 3 acmer a Lot 7.81pok 2 o4 XV*Q R Edda NiL 2 $04MI(au at sana:le ieo`orflea >n 13odk 32 of phtra eR P pe 1pA6, eeeeer0a W Ade;Cc6dy. h ` Thomm*r t* V*oad Mho 4 said Let T lith tm 8- 0--MIWA b Ihs riorttwaet eot/4sr cf seri tEgdc cat t8efates too. 2• Subdi�hiott:' ' Ttrnoe aianp the north Ynrd e'eld 8ptgc Cet t No. 2 Strbdtiitsfori; North @6�'1T2p' Mlaef+ :1Z8r Ti4•teM; Thom Noah WOW Wed; 20p„21 UK Therroe North 68`10'44• Weer. ,Ti 1Met; Arad �.^.� TIMWA North WSTOV WINK KM fast :AQrs'u 4.2006 ThsrtoeNorfh $4-W4V Weef, 79:64 fleet' T1la" Na►ee 19-JW01' WwK ill AS het; 21; Th6m Hath 59'34 W WM 2M.22 lost to a point on in wet Nm arjW Seaton _ Thence atone Safi rere N*a 0"1'4W East. 871.00 fest IQ t*Wog 114 WW of said Soci n 2r; Tttsrtcealong ftsmmf et—' iWOfsetaSewlfoa'2r8outh89t11WEeK 264244 f"t�b'0+ft-CoMar qt sNd mart 2i; >' 'thence South 8ii'W.W East, 2M-29, fad to the gest 114 caner of sM—Sealion 27; Thence South W24148` Wast. 2844:37 hW b ft POINT OF S,EMMNG. t;ontodn�i4 312.67 ecm, mons or lass. EXHIBIT B FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (SEE ATTACHED) 4816-1925-2485.3 CITY OP'OMMN PLANNING DWARMINT STMT REPORT FUR TIM HEAMG DATE OF NOVELU R 23,2W8 STAFF UPOgT Hearing Date: November 25, 2008 (C dinated from November 5, 2009) TO: Mayor and (pity Council FROM: BiH Parsons, Associate City Planner (208) 884-5533 SUBJECT: Volterra Mixed Use • R748 -M E IDLAi�T ll�A44+C! Reaoae of 93.64 acres from L-0 (Limited Off=) and R-4 (Medium I.ow- DensitY Residential) to C -G (0009ial Retail and Service CO mercia1x25.10 acres L4) (limited Of&xX10.70 acres C -C (CaMMUIEity 0(37.84 acres) and R-15 1(Medium4E& Doty, Resideetia1)(20.0 am), by Primelmd Development Company, LLP. r. 1: �_1r xagcaat to ntoditjr lite recorded devel ponoot Wemad for Volterra Sob Anion AND create a new devalapmwt agreanetrt for a mined employm= area. by Primdmnd Developq may, 1. SOhO RY DESCRI 'I'iON OF APILIC4NrS RRQUW � and ) R (M , LLP bas applied for a Rgeoane (RZ) of 93.64 acres Readata) to GG (GexaRetail endSevia CommercblxZS.lO acres), L-0 (Limited Ofgoex10.70 acres), C -C (Cou manity Buacnessx37.84 axes) and R-15 (Medium -High Day R,addeousix20.0 sora). C wm+ dy, the applicant bas subtitled a development afire nwa modification to amend the cu mved DA governing the site and requests a now development Wme mw t subject to the proposed mixed use employment errm Tbc total ares pr°posed for dcvclqPMW is appy+ xiWXtaly 1 l 1 acres. A portion of" mood PrOPWtY (4pp►+oodssately 15 acres in the Aorthwwt oarmw ofd and TenWk) is not part of the rezone request; however, that property is O*eat to the now DA requested by the applic n t. A conceptual develowle t Plan has been wed sheaving bow the alto may develop as a jwV scale hvim m Perk (34 buildings and Z pad silos eaacii#dhW Ac r,udehfm* &vd0pnOW consisting of a private hospital or other large employer, large boar and small $ate read, professional and Pa'sonai services, restataanta, JOHMg care heft and 50-75 unit multi w* devdopmaat. In 2005, the subject property was amuzed and zoned, PmHndwnly plalfad� and approved as Voke a Subdivision; a muted use planned development with a mix of oom mercial, ofte and residential uses. The site is located on the northwest comer of w. McM71aa Road and N. Ten Mile Road and extends north to the mid -mile of N. Tern Mile Road. On August 14, 2008, lite Planning and Zoning Commission recommmnded approval of a �Y 94 no= from Medium application to a ii>tva+e land use designation for Dmaty► Resideddd to Muted Use- Commmity. Approval of the mikeot appIxa ions a contingent upon City Comwil approval of CPA -08.003. Voftm Mimed Use RZ49-004 ad MDA -o WM PAGE 1 C[TY OF M UMIAN K ANN NO DEPARTM Wr STAN ROMT FOR TJW H ARM DATE OF NOVE OM 25,2= L SUMMARY RECOMMENDATION The subject applicsttim MM$ -W4 dt ARIDA-08-004) wac sdmd#ed to the Plug DW=ftw far conaurent review. Staff has provided a ddaUed =sly= of tbg t+eque" RZ and MDA applications blow. No rooses==& appravad of RZ484104 and NIDA -MM for Volterra Mired Use Projeoy ss pmembed is the SbiReport hr tie ianig dame of Odobw 1, 2008, basad 0& tide F WbP of FsKt as Wtsd is Fades D and nbjed to dw oosididm lisbed in Eft IL Note: The ComamWom is mat requbW to mffb a r�sroirasmaiadm on the Devvlopnuw dgrtamwg aeodgaadon regum (Md-0"Wj. b l"d A& ft �- nw OffA%& 1. 10 -BAR 9%—IL - - ---- - . - - - - A bA 111 Llp - Voltam Mind UwRZ 0 404 ad MDA48.002 PAGE 2 Cny OF MERIDIAN MANNING DEPARTMENT STAFF REPORT FOR THE REARM DAM OF NOVMMM 25,20M 3. PROPOSED MOTION Appromd Alta considering ail StRA aPPlicaut and public testimony, 1100" to approve Fide Numbers RZ-08- 004 and MDA -08-002 as presented in the staff ZcPQ t fest the hearing date of November 25, 2008, with the f0ll0wio8 180di>3catiow. (add any proposed Desdal After MD -0 considering as proseofed Wand public; testimony, I move to deny File Mambas RZ-08-004 and (You should state �$ the on Novi 25. 2009, for the hollow ft reasons: spM& reasons far denial of the mcone.) Cangaaa>tce I move to continue File Numbers RZ 9.004 and MPA -08-002 to the hearing rho wsw coutinued harm date here) so the Plafmuog Dgwtma t can daft fordue °� (you any other reasons far owdom e), 4. APPLICATION AND pRopR>R1'y FACTS a. Site AddrentLecati ; The site is generally locked on the northwest Clanar of N -Tar Mile Road and W. McMillan Road Southeast 11 of Section 27, Township 4 North, Range 1 West b. Owners: Prmadand Dmdopment Company, Id.P 3120 W. Bdlt0ver D ive, Suite 100 Meridian, Idaho 83646 C. .Applicant: Sarre as Owner d Repfesentative: Cbndt 1904 W.. Ov�gos COQ'nc. I Boise, Idaho 83705 e. Present Toning: R-4 and L-0 £ Present Cooaoprehea d" Pian Future Land Use Map Damon; Medium Density Residarfisl (A request to C1WW appM=WaAsh' Syr aaw fomMedhowDwadtyResid&Wd toMYzed Use - Catty daaign dm has b*= forwarded on to CYty Cama **k a Colruwaim recowx=dadmfbrappmvaLl 8� Applicant" s Stat-- ! (refierwuoe submittal mataW): " nn aP Okent mbmitted an application to the City to r clINSW r appm4mately 94 acme of this PfOPaty from Medium Density Residential to Mixed Use — C u mafty, This applreation Seeb to ftdw ivaplemeat the coucco plan for duce 94 acres by the classific�tioras that are Pa'�Y from R-4 and L-0 to a varidy of zoning sppfoPdgc far a Mixed UsaCofmntmity --pachmsive plan degigution, 710- P`OPOSC, 20Bing dassiflicatione am C -G (Genual Retail and Seiviee C mmenW), L.0 (Limited Officc), C -C (Commanrty Bysin,aes) and R-15 (Medium -High Density Residential). V0k= MizW the RZ-08.004 WW MDA -08-M PAGE C rry OF I1WmIAN"AMINO DB►MUW STAFF REPO" POR 7 W !MARINO DAT$ OF NOVBSER 2s, 2m The coaeept Plan for the site includes upprowmately 35 acres of C C area. This arta fiwm the COTe of the "This will be Voheaa s Business purk employment Oona. Pack Y includes about 15 The Vohara Business acxea of GG area at the vathwest coma of M 25 acres is not part of this spplieaticn. The GG p� however is cMallmn and Tan aiarovnda the earistiog C area and eertaads to the north d Y fWft 110 dut'ng Volterrapt AM Subdivision dudes 10 acrea of L -Q area that � e R°u1' The a trance'prqed to • Y shi& this weer to the northern boy ndary, of � � between the figure residattgl to the areas. The proposed R-15 zone is envisioned to be used for notedrth and the C�JGG to the W skillet! nuruM �cilityr. This area also acts as a guns! use far the proper dial amass Tk FWosed Poject is designed as a pedestrian f ie ndl zoning olassi a t u fur Vo Y' ` S* p1D�e T� propoaad Plan designation of Mined UmCmMunky. It will Meridian al* the site's oemprehea d, uprise eobridor and prMeridianEw�p the am dave�lop as a buriaass aanudw for more i*rrmwon, with �Ey jobs.- See appiteant's s. PROCESS FACTS a. The bet coostitate a rezone as deemahud r�enof tube Ptm►idoos of theme.tle by �3' Or�°°sa°a By is required befors tiro Com and oa this masa! 1 S' a public lig b. The sabject application will, infect' =00twe a &Vdopament 800CM03t de to m by City Ordinance. By raven of the - CU moa as public a required befns�e the City Cil man ° 'Code Title 11, a w. C. Newspaper mdficMioos PhUmd ow SVtmbw 1. sad 15, 2008 (Commission); d. Radius notices 10, 2M ((ytv WWA PPDVerben within 300 fog °n' �, WA 2008 (Coon); e. Applicas posted notice on site by: September 19- 2008 (Commission; Ober 23, 2W (City 6. LAND UST. IL Existk* Land Use(s): The =Wed property is cum* vacant agd=ku ral lead. b' Arae: The aa -..ding nature except along the wain portion of sits there is sing; fem dy residential.en c. Adjacent Land Use and Zomiog 1. North: Future single-family, Bainbridge Subdivision; zoned R-8 2. East: Mixed-use, Vamta Subdivision, zoned R -g, L-0 and C-0 I South: Mmakg;e, Voltam South, zoned GG and R-4 4. West: Future single-family. Vohm North and AVM&U ai p gmtr coned R-4 end RUT (Ada County) d. History of Pravims Actions: In 2005, the suNex property was amxod and zoned (AZ -05.040), Pfeliminarfly platted (PP -05-039), and approved as a mix use plumed developalat for commercial, office and single family Mide a tud called Vohwm Subdivision (CUP -05-041). As V0hWa Mixed Use RZ•os-oo4 and MDA.oS-M PAOB 4 Crnr of UMMU a PI.,AI N'No U*AR7MW STAFF REFMT POR THE IMARava DATE OF NOVEhMM 23,2= P' of the anng"hon appsoval, dire site wag subject to a DA At�+ust 14. 2008 � i # 10603478�i . On wive Plan Amendment C°A�ion reoomeonmded app�noval of a appr�m lady 94 ac,w film Medium Density id to Mined U�far e- Canatraints wad o whinjam Coginguni�. 1. Public Waft LO"tioa of sewer N Teen Mile road & W Mdldillan Road Location of water N Ten Mae mad & W M"Ilm Road. 2. Vegdatioar This site is p dmugy used for growing 1 per. 3. Flood plain: This property is not widdn a fioodway of floodplain. 4. Cmela/Dit bes Ircigwdm The Me> alm Lateral Wasvmr W ugh the may. S. Flaascds: Staff is not aware of any potm d hsnw& on this site. b. Proposed Zoning: R-15, L -O, GC & C -G 7. Pmposod Campe+ehemve Plan Futuro Lead Use Map Dampat m Mixed Use - Conmm i ty 8. Sine of Property. 93.64 screw f. Summary of Proposed Scrods and/or Aooem (private, public, Common drive, etc.): on the mlbmrtlod 0o developmat Pk4 the app wen t is showing two full access points and ON;rigbt-inhii t -out access point on N. Ten Road and tlree full access points on W. McWg m Road Two of the theme access points to N. Tea Mile Road sad one access point to W. McMillan Road we driveways for the general �portionpof the da�velopmaot. The n mainder of the access points sea proposed as public st:meta. 7. CObDUCNTB N=TING On August 299 2008, Planning Staff held as agency com Bots medngg The aWmea and prosent h chvk.* Meridian Fire Deputment, lvMaidi+m Public Wodm Dgmm cut, Sanitary Sevioe COUPny, and Mardian Police Depertmau. Staff has included all c mmmxns sad recommended actions is the ataecbed Bch& B. Staff has included all eoomam u and mcommemied actions and pe+ovcs = for the new development INVOM eeat Wmehed m EWA* B. & MADRB8E11Tsit'V8 PLAN This property is currently designated "Medians Density Remdendar on the Comp vbcmve plea F* m Land Use Map. On August 14,20W the CommiW= hmawW on a reoo for approval to the City Council to change the fintme land use map Am a Medium Density Reside ntim! desig""M to a Mixed Use -C ty de�ce (SWCPA.*&=). Thamhrq, Staff has stWyzed the subject request using the Mixed Uso-Coemmunity guideline, not the Medium Density Residential goiddince. Appseval of the subject applimd ms are subject to City Council approval of CPA -09-003. The purpose of the Mixed Use arae, as defined on page 102 of the Caaopr =Wve Plan, is as follows, `There are five rieS of the Mixed Use desigoatioa. Generdly, the dmpabm wil! Provide Sof a ooeabiaatioa of compatible land now that we typi mUy developed under a master or conceptual plan. The Ptupose of this deaigmtian is to identify i my area which we either infill in natum or situated in highly visible or eamiticgOng acrosa of the city where Umovstivm and Bauble design opportunities we e000ufaged. The intent of this designation, is to of£eer the developor a groats degree of design and use 8exibitity " V0kWR Mixed Uft RZ-O&W and WA -MM PAGES Cny Op IAB MN P1.ANNM DEPART UMT VrAPF 1tWW FM TM MMM DATti OF NOVMGM 23. 2= Tbe Ping `Mixed Use — COMMW ity" dean allows to 25 to 200,000 square foot of no wWdemtiai up acres of non-residential ct ing up unite � the see. � �� Usc _ m'ea and ro+adedbal dmahies of 3 001 S dwelling of n e ace l taws shaU be � areas that are not Neighborhood Centers, over 25 aures U a � the CUP ' Pa the conceptual devebp� Plan. the site may develop nd �P � peeps boat and small scale retail. profesdaof Private hospital or other large P sea rvices, care %dull► and =L* 8emdy doWWVMM c. The concept plan relocate 10.70 acres ofoffice SM (mwimd,mth the PD) alms the nord m boundary area to buffer the Mare resideadd uses to the nortL Of die omSnd a ning 85 acre, 20 SO= is expected to dewelap with a S&7S Omit malti-family musing mv services eenplayment tracer with the enwc. The m°�$ 62.9462.94 saw is e0tp°d0d oo as an ioled support uses (�, � paao�aal roc.) Staff believes the applicstion is genstally consisletst with the Mined UWCO--Ay designd. pq,.d for the property. Idaho Code 67-65M stapes that "the plan stall consider prevlau and exisdag oamHfiOjW heeds, desirable 8Ws and objectives, or desbable &we aundoms for each planning component." Staff has mvkured the subjed -RZ mon and offers the wobvis and mcomttmemdations aonrsiaw herein for the Commission, and the City Caardl's Consideration. Plan see Fathibdt D for deviled analysis of the rophtd findina for a =am Staff fends the fidI"Mg Goak Objectives, and Action Mans amhd ed in the 2002 CowpW ee u" Plan to be Who" to this application (staf'amwlymIs Is in itabcs blowpolicy): • Chfa VII (Page 103), Bullet 8 "AU mixed use projects shall be dim* aocesrible to neighbarboodR within the nohow by both vehicles and pedeaaisns." The ap p4cmet teas submised a eareepe Plan dhwbu tg dw aAWw sent sf proposed roads and ddwwa" with ainft andfuftv roadways and drhw ays. In adaKOW4 tbs gppli=W is sho"W the extension of Mdways m de n" (Ba aWdgoe),jor vahkufar oaa wdWty. The Mot&= Patltwwys Plan depicts a pathway trwnwmirtg dwp , 7yw aPP&MV is pro Pwft to install this pathway and connect to the adatltpadrwwy wh" Is terweisated at the northwest Corner of the Perona Swb&Wsion donated on dee east side of Ten .ilfilk Road In additim the intoes d pathways are props d dwo&O oat the deveAWN M that should pravide faww connecdvity within die dewkpment and d w Jblunr resid*Wd to the weal and north, ,Slwff is SUPPOPOW 4,4eP and rdriawkr cen"ecaviv aapropnaed ChmPter VII (P2V 1021 Bd1Gt S, " WhM the project is developed a*ae m to low or medium density reddoMW uses, a tnnsitiond use, is encouraged." The suYear site is lacA=d 444cent b land dial fa designa&d for a &*&= da wW rnaide Wel wes On the submitaed concept pbK At apPftcwt isPVPosft to b'ansitbn between the mix of uses within de devnelopment and the ww wn density raid oWd to the nordt and w*A Qffim uses are proposed along the northern bowWary and raddowd awes (maabg sae fad and multi- J�M*) 4MPWOsed a1wS dke wutrern bOMWO7. S7Wbdiem the qW iamrt las done a nice, job of ba$ering the r+e kk"dd uses fr+Me the morns bM=w cow nomad um located at the corner of Tarr JI[ile Road and MhAfil/an Road. ' Chapter V, (bat L Objudw A. Action 17 — Coos+dinsoe with ACHD to bWrave traffic now and Mi nimise vehicle time spect Whog and accdecag rllme Road Oms v>Hanenta CwrfBdY kp at die ftwmcdm of Tan Wk Road and brdhtg a new signal and turn Tones, wed aaasbucdar is .selfanlirled for Vob M Mued Use RZ48404 said MDA -09-M PAGE 6 C11Y OF WMIAN PLANNM DEPARTM M STAFF aMMr pM 7:M HBARM DATB OF NONE 25.2= comp t an In Nom', 2008. ACI>m will � dna dev�elaperfor. a..within des PublieJ ivate P�rShip the consl►mgm of &r hAkwerdon n , bw OR 4f udoPterl i�iv�s Yewr Work Progsort � maintain lmdocapbW ' , A+ctian 5- Rap= all oaf b ne�ses to fOO1 **k larrdsaW strrset b%7hCFer will bis mVubed along Tia �e Road andMcl[iAan ProPwM collecbr sdr�etS will >�� a 20-. foo wide � Me stmrdmrls listed in UDC 1138-7. Internal �� ix �aa'�rae with accar'2nce wide the staadaur�s wed in UDC 11-3B-& �I S will atao he rsegtdned in • OVtcr Vl, Gaal II, Objective A. Action 6 - Require amort cam cdom bdweea subdivisions at inotavala to euhanca 010101,010c;tivity and betty traffic flow. TWe aj*kant it prqposjjg Am Stub xft is to the Wn* w*"p conree vit with the appprov�ed Bainbni V sm&* fsi= Iv the x"of Ws nits. t' Chapter VII. Goal iff. Objective A. Action 1 (pa$e 111) - Bum that adegwtte pubhe smAcM Ockdn dao. for gal adog and fnt m dvvdopnm are Pr avidacL City services ares currfn* aviallable to dW jUbj*aPVPWV. no DievieloperWW be nspMdble to design and murrmt any new *+astruckn>s needed m "A"I diap Wased drwroprmft ONAM I V14Goat 1V- Emmup mi a ea to n=ix a 100a cts and num use of TTris area ofthe GYty iSprredaarsinaotlj► Matastlal tK nwarra XOWW the corr"pt plan trmtsltions we'll betwm residential and o lee was to die mons ir'Nw c+mrm WVW uaes Prop�d W OW corner and internal io die ul Mkpm=L In add opei+ spwoe an+aribes are provided �� die development to pnavids brter+aosuteaivlty. S�''bellem drePr' de kpnew would be compadble with the mmum ng marl w*oodr. ChWa V% Gaal 1V, ObjWd" A Action 2 - Restrict Sub arta and ameaw points on oolleotors and arterial sleets. Access P Pied with thrix mon allM wick axiStlrg and fiWav ace= poum FiwAernw 4 me appy hat p►opased a so,ro layout that p vvidaa f gwv eowwdylty the residential to nor"dt and rest of the site. Said street layout are gvnan/ly mmUtent with the Yolterra ,SUtbdh6iat gWow d In 2005. • Chapter VII. Goal 1, Objedive B. Actiaa 5 (WW 109) - Locate nm oomommity eomnurpal areas on artexiab err collectors nae roaidantiai areae is such a way as do omVlemrm with adjoining residential areas. A portion of this site; at lire omjW of McltiUM Road and Tan ltele Roved wns gpprovad for Qfi7ce and tour m tial deWloPWW in 2005.At that ire die MFNMW did rat have a deur vision for how the site wrndd dewlap. Now the applicant is prsr Oft to develop qpj�� Ill acre Bmift" Pant 10 be st pported with a mix of ra d mad uses, commwdd woes and offim UM. The future redden" along die wear and north bosmdwrim will be &&W by qpce and residential usear. 1n addition; At PbmmO of Ike bsaMdp on the -We have ben dwignod to s b,,Lv, e a sea of Paark ft to be ,yen from dee a#olydrg a ft* bs. Open apace arn"*j are Proposed with Ag developmcrt for fWwv w playm in dill arae m we &Oft &wk rimes Vahm MbW Um PZ O` -M and MDA.aa.gp2 PAGE 7 CITY OF MEMIAN M ANNR+IO DEPARTMIW STAFF REPORT FOR TM IMARNO DA -M OF NOV[&M 25,2= F1wt lamM the ap WW9 is aWndinS pis iw the dewdoprn�em to add the qty. �'betinw the oft4& ion use developrtrer�t and b�eliev�es it� � Pm corr8ider�a�ble thou imo the design of this ntix m Ae atOVOWtdWg rwidasW neighborhood.. ChWer V' CWW V, • outpatient, ho®we aotivr: A. Action 2: lma>mmstMme-quality °maBencY p ku", 1084M cult sad ower types of healthcare aro provsded in the oomimmity. T he submitted'Pk" dgkb a cww facility and apMw hotepitab on the sit, bebevfJ these uses m%dd add qIW4 kwa mm in this am of dw City►. Praviafed at that the Cowdssion and Council my on on any wnbal or Hritta, testimony that determining #'d ie app's may be this properly, reyueat is aigprojpriote for 9. UNYPM DEVELOPMENT CODE a. COUMWCW Schedule Of Use COBtrok UDC 11-2B-2 lists uses that are prindpg pwmgW (P), aftessory (A), sod candf and (C) or primhg*W () uses withm the proposed L-0, C -C and GG moning districts. b. Pa Pm SW (CW 11-211-1):7U propose of de comiapmW districts is to provide needs of the COMnwmity in mud with the Maidian CompCehamve Plea. Fow (4) dmbwb are deopmed which differ in the an and scde of eormnarcaal stracxim s000mmodstod in the district, the scale and mitt of allowed eoatm rcial uses, sad be location of the district in proximity to wets sad bioways, c. Dimendond s for the L-0. CC mid ac. m,.:.,d A....:..#. — .n%., Votlaw MmW Ibe RZ-094 04 and MDA. NWM PAGE 8 MY OF MRWIAN f1N(i DW"7MBWr STAFF REPMT FOR TIM 03ARINO DATE OF MVMMM 25, 2008 Notes: 1. All setbacks shall be meaaued i>mm the uhimtoe t* Ofway fast the street dasW&atim as shown on the adopted umeModatim per, 2. Mm mama setback only allowed with reuse of outlog r d&ntW atrac hur 3. Where the adjacent FWaty is , the diredoe shell deteano m the &taaant pmp.,y based on the camprehmsive pjAn dudgantiom 4. Subject to dedga pddchm in ten mile intimqmm&are pk d. Raidapiai Schedule of Use ContmL• UDC Table 11-2A.2 lista mn h.&. y &,M�s and mws'ng cm hml' m as cooditiartd 2608, in an R-15 zoning di*k&P e. Purpose Statement of Zana: The purpose of the re "got ani districts is to p mvide for a nqp of housing opporhacaities muSistent with the Meridian CoaPelensive Plum. Connection to the City of Meridian water and sewer systems is a regtnit emmW fw all ra &jmtial dirtridL Raidentid d'*'Cts are di6tinffiished by the allowable den@y of dwelling ung per am and oorreapom&g haasing Types that can be moommnodated within the density range. M ANALYSIS a. Analysis of Fads Leading to StaffRmoumendation REZONE: The applicant is proposing to rezone 93.6E acres fi+cm R-4 and L-0 zoning districts to the R-15, L-0, C -C and Cd} zoning dWdctL A „4crity of the site is al" for, lffV stole muted use development. On August 14, 2008 the Planciog and Zoning Coammission acted on a ��. vrPlan �m�ieOthe � � aPp► 94 acres fiaan the Medrwtt Density dot proposed for this aft is m-Com�ity dedgdtson, H m to Hots the request (CPA -08-003). ' a N*WvW of the applicant's CPA The with do on legal � and waft b PPeter W. L =Wm y, PLS, dated 8/05/08 and ad)u fitted c4um�ission. the rmquirennetnta of the City of Meridian and Stats Tax C""Ptmd Slee Plea: Tito applicant subs teed a mm pwo siva plan showing how the ply may develop in the At= as a Imp sale busi> m put App roodnams1) 111 acres witlb 34 buildings amd 2 pad sites mda doW the mu&(Nily damConsisting of a pivate hqjW Or ather 12W employes, hW and small scale ratan, pa+ofamond and pm mW services, testaments, hotek a nursing cm facility and a 50-75 unit multi-fma7y devdopmu& No= tk narlti-fo nily devdopoo"t and mm fad&' reqmm CUP 4WVval Prior to est "shing the wear the Sita A pmtkm of the mkjed site was approved for 25 acres of comm mal and office uses is 2005 under a maxed use planned development. The concept Plan rdocates 10.70 auras of office"zoam) amg the northern boundary am to buffw the tittutm residential Uses to the naxth. Of the remaining 85 acres, 20 acres (R-15 zone) are expected to develop with a 50-75 Unit multi-hMUY 6mlopammt and a'»ufling care hcalitl►. The reamining 62.94 acres (C -C and C G zones) are wgieded to devaT as an amploYment cents with the wed support uses (reta0, WaMM medical facility enc.). The lite is CMMC ed to house '' gees' hotel, appcoos�abdy 1.4 milh'an sgtratm fat of noa- reddadW and resi a tial uses on the site. VWWM MiXW Use RZ-08-004 sad MDA -08.002 PAGE 9 MY OF MWMIAN K AMM DWART1OW SPAFF REPORT FOR nM HLUM DATB OF MVMMM 23, 2W Access to this developincut becomes a major factor for a development of this sire. The applicant is Pr'opoft to construct two M acarus points and one riga MWAR* access point on W. McMillan Road and thtee Bull access poems on N: Tem Mile Road. Two of the Berea access points to N. Ten Mile Road and one access pont to W McMillan Road in drive" lot the V=W ommnme el Portion of the developmept Tie M"JOSIS pW*e Departaoaot tat wed they wonid lea the seem Paint to N. Tai M& Jost MWth of MdWMMU Road be restricted to a rkW ia/ekU-oat seem as depicted me the nbwkkd per, The renuunder of the access pou" (throe total) are proposed as public sonata (roadways) and all mom Points aiugn with film and and driveways that surround the site. Ys Ilse public streets (roadways) depicted on the cemcgrt flan (&W MW=U* roadwp card m v easV*wt r'oadwap) puede comedic* and a fee artian to the firtura ramal development to the north and -west. In addition, theses roadways also pray,& internaly which limits the need for addidaW scampouurts to the arterial streets. FWdw, do parking Sud drive aisles have I designed to reduce vebiw.cular trips on the adjacent roadways and helps enhance the pedestrian environment of the deveiopma, It Is bvortant to note some of the pad situs/ buildings do not front on my roadways; therefore cross aooeas should be required un the attars once development occurs on the site. On the submitted concept plan, the Wlicwnt has provided palemign comnecavky through out the proper development, hive Plaza areas are depicted on the plan and all we halmd with a mandering ply The miemt of this deem is to reduce the number of v*Ade trips Wmated and eaeourage Pedestrian and cycling traffic within the deveiap awL �� These photos� � submitted photos �h>��' g lion. ire bum may be devdq mart and the types of uses Primes tampmarket the i�PaOd � � development. The Plratoa include examples of large box retail, hotel, medical facilities (assisted living, skilled nursing, and health care), retail and general business/office bWIdi s. The building materials shown in thme photos appear to be constructed of high quality materials. Building matmua4 include split ince Mock, Stucco, atone. wood, and bide. Design fdsttr+m imclude highlighted entrances, color Variation. modulation in the built facades, substantial gig, varying parapet heughts and roofline modulation with dii ervat mof styles (pitched and flat). Staff is supportive of the submitted photon submitted with this application and future bel Mings should Morally amply with these pbotoafineterials pec tha proposed DA. Meeidiao Pathways Mutate Plan: The Meaid= Master Pathway Pima has identified a pathway to transverse d muga the northern portion of tine property. This portion of the pathway is part of the Meridien Loop Pathway and is to be constructed by development, based an the text of the pathway Plan- The applicant is ptapoaiag to extend the pathway through the site along the =Wwest public street to the north which lima to the future perk site to the wad ofd" Sita Further, a pathway is proposed from Mdbiillrm Road and transverses north and turns went though the reeklential portion of the devdopment and commas to the future Parc site in the residential arae► of Volterra as well. Staff believes the applicant has met the intent of the pathways plan and is supportive of the pathway location as proposed however; the applicant should coordinate with the Pmts Department to iacilitele the actual design and exact kxmd m of the pathways. LssdtcsPing: Upon Platting the Property, the applicant will be required to metall the required landscape butters. The nteraal peeling lot lamdscqiag regwrenments will be assessed at CZC submittal; however, the applicant may submit for C7.0 without platting the property. All of the Volterra Mimed Use RT, W4D4 sand MDA-0I4M PAGE 10 01111 OF MEBm1M1 PLAMM D1,jWTMM NrAPFR MT FOR THE EIDARM DATE OF NOVE1 OM 2S, 2W building a pared will be required to be innailed prion to oecopancy of the Zoe"s of Zoning C"WUM" (CM: The Wh a d shall be ��8 from the Plunk* far all new conshu don on prior issuance of DUVELOPlraW AMEDOWT(DA) MODIFICATION: As mentioned earlier, aVeement DA was requited when the subjed lata was unau d into the City. The urreody ,Pv�8 &Ndcpmm of this sate was recorded for Volterra � 77 2006, as Inativmcnc No. amendmprt to the DA by Section 3 �Y idaha no VVHW ra ps+oposrg a fust excluding the Vollenre Mixed Use » sab`seetioay 3.4 receded Voltera DA. The (lll a ww as shmm *illi *e "wha replaee with a 1 � ad CAM rap fled to fire original DA ahodd be � g snd arm/d"O #hosed idot �nelwde VarcmabftRsubjea to aj m eAdbg V D Pr'ePONY � of McM air =A the kesa someprepcsrty Mpthd Beath of McMHW sad dmaN be provi&d to sbff the Chy coram hub& Thea a new DA should be drAed Inmiag � ofpriw i 11 acre minced use arca of the proja4. The applicmt baa provided staff with a legal) dmcdpdW and axh" MV dw davelopmmt area subject to the new devo>opred990=NWattached in &W* A,.5. The PMect was mmved with W=utdy 34 acres of non-resideabial uses and includes the southwest corner of MclJan Raoed and Ten Mile Road (Vokam South). The new prjca � ap t ximstely 111 acnes with a greeter variety of uses. Staff is supportive of the Wp .� mqurest for a new DA, as the proposed project is substantially diffma t fivan what was approved in 2005. Prior to rezone ordinance appwval, a DA and a DA amendment shall be eyle nd into between the City of Meridian, the "Orly owne(s) at the time of Onfinance adoption, and the Com�an or Council believe that additional aro different DA provisions then ided a the am neoesssry to sure° en Comp�nsive Pian. and does noty is in a $ashlar elan is oonsieteat with the outline of the col of the 'neptively ' Staff reoonuncuds a clear within 12 mandhs of CityCity Coumevelow be mode, al aLall the City Bill Nary, d 89AS he, approval to initiate this p OMSs. Plow be advised a S3A3.00 fee wriU rapdr+eci to Freese a ■ew devr{ep� aVvasmL Staff recommends the the Council direct the City's 1ASW Deparmcat to draft modiiiadom to the recorded clavelop1009 agreement for the Volftm S*&vision as follows: Section 3 - Definitiong Modlly 3A "Properly" to rerove the desealbs psoPrdm attwcehed int Eshibit A ai the wrigdsi DA and replace with the caw lepl dna lodes awd a ddl* rup athwbed as lzbibk AA bei{nw, whish des the remshft atealscrap tial we tarsals wbject M the adsdug Volterra DA (I W&RUsent 8106034784 The new DA for the 111 acres dud inch do, at ndob owr, the "Uwbg; 1. All future devekPme of of the subjod property #ball oomplY with City of Meridian ordinances in effect at the time of development and be generally with the VONO U Mixed Use RZ48-004 cud MDA -08-M PAGE ] 1 cny of hmamm PL AM MO DWAR'1U M[ STAFF RMW FOR Yid MMMO DAIM OF NOVBSM 25,2M 30 pLm aubusitted with this Wficatim as ftmmed by the plamn Director. 2. 3. Tlris site onGdotipg &Moment #106034786.• The entre 11 L 19 acre shall be subject to a new devalopma t aSMODpamt far the Voitara Mixed Use Project and *M no ImW be subject to the original Voltam DA. 4. The Cd# coned pwperty shell COOdn of a min wm of 6 boddiqp with no am WMM 0,oftbe 658,000 agWe feet. image 5. TU C -C zoned Pity sha11 consist ofa minimum of i l Uddings exceeding 200,000 square Seel. The mom== allowable with on Me btulding square bxW for this portion of the &nnoiopment shall be 464,000 square fat 6- The L-0 zoned property :>rr111 oamsist of a min MM of S buddiW exceeding 20,000 squM Seat. Mn nwd mm allowable with no one building this portion of the devilMW fOO f01 7. The R-1 S zosred shall be 120.400 square Beet. PmtY shall Caudat Oft Wh inmrm of 3 buildings and a minbmm density of 8 dwdUngalbeds pec aero and a Mriamm of 75 buildings p vvided it does not wood the amity roquirmou of the R-15 zoning dMid with no ane budding exceeding 130,000 sgwme feet. 8. Tb-- aPPBGNt S1 000dr4d floe 0009 plaza urs and sumciftd pathway on the site as any depicted on the conoq*ml site plea. 9. A11 buihdings on the site shall be Sma ally cmddteot in ap mmme with the attached Photos (large box, bean caro, hotel, health club, gma d busunem amm living, drilled Asrraing, relati) subnutted with flus appliedwo, as detesmmd by the plammg Director: 10. The proposed non reddao" and roddeatisi Mulct W"be 000shucted with high quRIdY mrterids, Including but not limited to: q t face block stucco, wood and brick, wih substantial dome aoou,% four sided ardulectera for retail uses ono side may not r full if there is =om ing Sec the loading era., hag *&W main cutfu0M decorative conte, fist rook &octad mewl roofing, Composite or the roofing matarmhs sod variations in Colors, roof pima and parapet bights. 11. A minimum 25 -Soot wide buffer shall be cone udmd along W. Mdahn Road sad N. Tar Mile Road with 5 -foot ddaclmd sukws]L Any fit= colleoboc struts shall have a miuimrfm 20 -foot wide budmape bullas on ach side of the stneot. Any fimme load comm Mid streets shell have a minimum 10 -foot wide landscape buffs. Tbese buffers WmB be designed in awmdmm with the dwmW& listed in UDC 11-3B.7 and shall be constructed with PWft of the propedy or with the issuance of the fust building perMit if the phi bu vtot been rounded. 12. The applicmt obeli com*y with all Imdsc*% shndiph damyed in the UDC, including but not limited to UDC 11-3B-8 whish outlines the Madw& for pulewg lot htm&cggng, � sba 13. The n be rupomWe to obtain a Caddh de of �8 Compliance (CZC) 1 fi'om the Pluming Depbmsm Prior to ail now Construction on the mbjeet property. 14. Any fi*KO poet installed u the fault of the developumm of this project dM be equipped with Optle m Sansom to eu mm a safe and efficient response by fire and enwgmcy rnm&cd service vd*,I s. Tbil Cod of flus kstalbAcm. is to be borne by the developer. 15. Driveway access auto Ten Mile Road just north of MCMilhcn Road shall be designed as a rightanhigWout driveway. 16. The appBcm shall ooardiata with the Pub Depsstmocrt do &d1itste the act cl design and exact location. of tba pathways in accordance with the afan&aCds listed in UDC 11-3B- 8 and 11 3B-12, mud the Master Pathways plc, Sold pathway"be Coostnacted when the mmuion of die north coWv„ast roadway is cmwucW on the site. Voku Mtred Um RZ-08-W4 and MAA.OS.M PAGE 12 G7IY OF KIRRMXAN PLAAQYDIG DEPARIMuff STAFI+ REPORT F`OR Tim BARING DA7E OF NOVpMM ?3, 2008 17. b. Staff's �eeoauosesdatlost Sta$reoomMPmwd OfRZO WN and MDA -08-002 for Vokerra Ubwd Use Pmjwk as Paled in the SUffRepart for the based on the Fiadiup of Fact as Hoo in Babibit D and subject to �fided OfOdober ZEyju-Mt B. 11. F.XWBM A- Dnmings 1. Vuinity Map 2. Concgftd Site Plan, 3. SWmitted photos 4. S. L%d add fthft Map of &a Arse subject to New B. Agency and Dqm Cam t nont C. Legal Deseripdm and Exbhk Map D. Regirind Findings trona the Unified DavdopoMCode Vohwm Mixed Use RZ48-W4 and NDA -W402 PAGE 13 Avila .. R 'Z .. � .' motjpVIA lrslr r/' ARM a Its ANN sill r°Y ! ■ MW��� ;t ''till/ �1►� . t [ will rIr a4 r 0.1' — ■ 1Ala + ANk— . -vo`�M+SYR 1 CiIY OF hMMIAN PLANNING DFPARIMM STAFF RZPOKT FOR TflE HEARING DATE OF NOVt NMM 23, 2006 i0 Quandrant Consulting, Ina Vtt kM BobdkWm Dwdspltwt Apmomni BomdtiA Apwodof1rdailwtedfa*eNsef14afdw1, dewtXatSeel=34mddw9"%ofSm:dit27,T6*W*4 N01ftROMP I Wer1,HaiSb6 dd WAAeCandy.116 %mm epwliq�dydaeaRednitlls etre 9atlea omm wa me. w�d3S a Sm" 26.27,34 Krid m>Iw� dam POW bftdo O1r111 waft4i mdwgdwMalin KAelf, 0 -%GrmmxooMU34 Scv& Or 5747' Wet 131536 hallo do Sm dwtoodnn Kthe Nee* 16 Kmanngan t * vewe elves me eoolh ltae Ketd lled7ld o116e Neves! X Neild' Os30• Wiell�lAO feta IbeEewlereetaameeKwiiNeOl4Ktlet4eeveret lF AsosdmS the W6061e6twWNeeth 14ahbNae6twt X Nwv00'4Y4ABut 132331Renafe%aamroaneetemawI gmadm27erd34;dwoedeetieWaetiBte Kthesbieet XKeetdileelim27 Nw&W 2r 3T Ba><6M.05 vela fe8tivewtottaerKiwt7. Hlak2 KBItrtCet3MleeNa28iidivieiw m omit eeeeidi*Baah32atomathp1943r==ftKAdbOmdj%,Mddi*weedwSieBeetRwK Nev00.19'40` Beet 6600D -feta the llaveeet OOswKaddBleek6it8Meb Nat SeMltdtiat thwwaleB the NaRb be Ketiid B)eeh Ox BtteM No. 2 Std+detder NO*W 16' 01' % t 126191 Mh vwaslewitBeeidldot&aw Nae& 12'47' S9' Wvd=Z1 fe%dWme Natttti0• it t@' Wete9i, i mm%fwes Nett' SV 5r 3B' Waet69Ai feq tieaee Natlh34' 2P20' Wet79r44 fel; itroe Na4e19'3S'33'Wiet]I]35�1lawe , Nettlei9'34'3t?' Wet2P192fetaapaYttmtlr WeteBaeKatYBeo6em27;tweedseBwidsie Neei00' spar BaetWA6fatatbeWietXaererKerYBeetitm27;iweealaa0dei Wietmidaeollm Nm Ktdd See6m 27 9=619'20']S'NW260MfetaAtoeete<aleddae09=27;Somme canda WdoeBediBwFWiR=W esotiml`s' Sete& 49' 2P id' Iiet ii1,10 fey saw w te6 mid smamaet wid a amaa Nm 9aei00.39' 3T WeR40l.3S fel; `eros 9ari22.14 WW40338806eydomm tserv06' 3T 30"'Bet612A6feyfeme Borth01•53'36' Wet 1299.71 fe�aapoitmtlrSwvBrKetldwt�tiem2T.tirersdaeBeeddBedBe SmMhi0'3B29'BeetMUM halo GetPORfPOW=K f4WQ Saidpetntowletre 201Asawe Some orLee. ' O *ff 30; 2= 10eW.OVadrtl0.60be.p0a90i • NtonejLops/Bo09t • Ibtl7043040�2 • Ma%* CN#1 &I • AmMw • CambodsttAattrpetrert ExAM A Fap]K2 CRY OF hMMIAN PI ANNM DHTAOM MP STAFF REO MT FOR TBE WARING DATE OF NOVBbUUM 23, 2008 1r m 3AMUN QVM YMNK ALadma jw. ix � AM l APO= xamm A.Tx ffift w I AIXI I Exld7A A i21M s cny OF Iv» MIAN PLANNING D11PARTlY ENT STAFF REPORT FOR TME MARING DATE OF NOVEMBER 25,2M8 5. LA*d Dourt ion and Exhibit Map of the Ana tttA*d to nm DovWopmmt Agreemmt Fl7lQuadront Consulting. inc. LWAL DiSC'RilMCM OF: New Da► WPWW AaVMUt Ara A parcel of load being a portion of a tract at land ar dowtibed in Special W==W Deed. lasumaeat No.106099040,11" m hof Ada Cotsaty, ldtbo, u*odw whit a paWm of a trap of land es demabed in Special Waamty Deed. imtrmom No.106099041, ieoosds of Ada County idoho.WPGW w th a portion of a UM of lead as da wRvd in Spacial Ws mmly peed, IMMU mlpd No:106041249. =Or& of Ada County. hbio, lo0s6cr with a portion of ilia Right Of -Way of Wast Mem Rod and Nord` tat Mite Rad, aimsoed in tie Sosthasst gwrrea oP Section 27. Townd* 4 Nor ft Rothe i Welt, Boise Maridisn. {Dy OtMoM aM. Ads Canty. Idaho mom pwdcWo dy dumeM as tam Coasmeaciog at the Secdw cw lw conattoa /o Secdon 27.26` 34 dad 35 of said Towmft and Se said colorer beig8 the 1.OINT OF)IBQNNI ; Hadco sung the Sou* line of said No* 38° 56' 29" West for a distaoas of 1361.26 fu% dtatee North 01 ° 53' S6" Eaat for adiwaoe of 12".71 fist dtmco North 06" 3730" Wed for a dishmm of612.06 fpr; thence Nonb 2r IV 26" Fast ibr a distme of 338.89 ho4 thtmce North 00. 59' 37• Fast for a didntce of 4M -U that, *An* South 89' 21' 12" East for a distance of 1769.59 feet to the osst guru condor ofsaid Section 27; dm ace Scrub 00.21' 16" West a distance of2fi"39 Post b dw F01NT OF Bim: Said pmsd cocaina 111.19 mrd move or lees. t9otw.Oruwrq • ttcYwtDttJan6 • MwnspD1i401t • Io■1208►3a2001i! • 6aoikauadrordalp�gdrarMcc �t*it�„0 • t�wrs+0 •OcnatiuesonaAancgenrenf EAM A arY OF M MMIAN PLANNING DEPART Wff STAFF REPORT FOR JIM HEARM DATE OF NOVEMBER 25.2006 UAL�� ,..�.,� ___----- ttt,+ot I k i 1 so 00[07 m me 1060~1 1 S* am rat 1 M0. +tNOMo�O i F t 7� ..y ��rr. - ..r. -�rr�• jjy►7L !�� k NirIR Wi •� • ?l VOLTERRA SUBDIVISION ��Quodrant FPot+OSEJ 14E*aEvE�ff►7 oP+r 7sJltfe+Lz+ *K.% qr, � �"�' L7ri5Ulilwg, tlOs w Q1ft •NO ROaG SChi U1E. c ,+[ raft. W-OQ!` MRS tlN7 �+; •AT.' '+s ••S9C .tP••�6 e''.^.rte S'1[l" Of Exhibit A 9 uwirOFlYfabc-�1h[fMA•LVAMXM•+�wiCt'N•:+ + MY of t MMIAN PLANNING DErARMOff STAFF ROM FOR THB MEAR& O DA?B OF NOVOOM 2s. Zone B. Agency and Dgmbnart Comments L PLANNING DETAR2 MMMT 1.1 The rezone lcpl doseaipticn prueparod by Pater W. Loowsbwy, PLS, dated WSM and submitted with the application, is accurate and meets the roqukunents of the City of Maidism and State Tax Commission. 1.2 Prior to rezone ordimmoe approval, the appticOM shall enter h to a Daelopment Agteameot and a Dcyd%med ASIveRnaat Modificatk as with Cha: City. Said Davdopment Agreement shall be =good within 12 months of tba City CaumcE's approval of this apploatim rem be advlaad a MM Ciel wM required to pmess do dovelapo at Sex section 10 above for analysis and comments rugptrding the DA maiifitcadon to the original Vokus DA (instnumeut # 106034786) and the ppovisions ear 6d to the new Volterra Mixed Use DA. 1.3 Now legal description ad ego* gasp refwgaft dw rmsimbg srew/aerreage that WE raamdn suebped to the erddfog Voite ra DA dual be submoMod, to staff prior to Cha City CONKA barb,& Said a hdit alai daauer%dm deal bsdwb the ren ding 3t-4 used praparty aorta of ?JtNWu and the Volterra Son& proopargr letatad MR& of McMMjM 2. PUKJC WORKS DEPARTMEW 2.1 Sanitary sews service to this d9Vdopmmnt is being cWAMcted by the applicant in N McMillan Road and N Ten Mite Road. The applicamt"imball maim to and through dna EgxhM wn; applicant shall 000Wimts main size and meeting with the Public Wart Department, sod execute A ndmd Sams of asatne & for any manes that are rogmned to provides se viec Mmimetm cover ova sewer memos is throe Seat, hf eovw fivam top of pipe to subip& is less oven three fat than alternate mateiais shall be used in codurmadoe of City of Maidism Public Wags De pmtmeots Standard moans. 2.2 Water service to this site is being eonsbueRed by the applicant in N WW = Read and N Tec Mt1e Road. The Whcm t dM be responsible to install wales marls to and th vugh this developax coordinate mama size and routing with Public Wan. 23 The applicant shalt p wade a 20.foot eanmmot far all public woWnwer mains outude of public right of way (include all waterservices and hydrauts). The ammeab "not be dedicated via the plat, but rather dedicated outside the plot pemess aft the City of Muidi s stamdwd Sorms. The easement dwU be gtaphieatty depicted can the phot for ref vence purposes. Submit an cwcated easement (on the form avoibd ie fi+aa Public Woafh), a legyal description, which macre include the ala of the eaaamamt (medwd Ex=ff A) and an 81/2" x 11" map with bewings and di: (Uwlwd EXEHW B) for review. Both cM to must be sealed, signed and dated by a Professional Lod Surveyor. DO NOT RBCORD. Add a note to the pLa neSw=cing this document. 2.4 The City of Meridiem requites that pemut dud nrrigdion systems be sopplied by a yeatra+aamd source of water (MCC 12.13-83). The applicant agrees to use the City of Meridian's reclaimed water supply for their primary scums of inigatiom. The appOos at will entermato a development agreement with the City of Meridian provided thet the following issues are sdW&cta* rersolved between the applicant and the City of Meiddum; water whmse and mffly basses, hab&ty for water gwlity, maintentmce of digin systems, the impact of using radalmed water on the applicant's ecistiag water rights, the homeowner's willingness to accept this type of use in their ndgl6orh x* cost, and the system being avdhMe and in operation when the: applicant is heady to proceed with the Project such that no debris wM occur. 2.5 All aadsting aucdua that are required to be removed shall be prior to sigootuaa an the final plat Exhft B CftY OF MAN PLANNING DWARrMW STAFF ROPOW FOR nE IMARJNG DATE OF NOVEMBER 23, 2008 by the City Engineer. 2.6 All ungattoo ditches, laterals of rands, =dude of natural WMavvays, intersecting, MOMS or Wn 48cat and confi&wus to the area bang abdividod shall be tiled per UDC 11-3A-6. Plana shall be approved by the appropriate ...1 ti0®/drruintg�e damid us , or yers association (ditch owners), with written approval of not appr+o�vet submitted to the Public Wader Department. Misters) users assowarion approval Can't be obtained, abernste plans shall be reviewed and approved by the Meridian City Baginea prior to final plat Wanshire ire. 2.7 Any existing domestic well systan within this project shall be removed Stumm donmestie sary oe per City Otdinsnoe Section 9.14 and 944 contact the My of MaW n Fegi ming Department at (208)898-5500 far inapectietts of discommet4ion of services. Wells may be used Sof notmiomesfic purposes such as landscape irrigation if approved by Idaho Department of Wats Resom+as Coatct Robert B. Whitney at (208)334-21 go. 2.8 Any existing sq*c systems within this project shall be removed fiom service per City Ordinsnce Section 9-1-4 and 94.8. Contw* Central District Hem for abandon pr,00edures and inspecdaos (208)375-5211. 29 Street sips aro to be in place, Water system shall be approved and activated, fencing J=Wled, drainage lots eonsfructed, toad base approved by the Ada Conmty RW way District and the Final Plat for this subdivisim Shall be recorded, prior to applying for building permits, 2.10 A letter of credit or cash surety in the amount of 11 OIA Will be required for all uncompleted hncw8, wpm& amentia preesaized irrigation, sanitary Sawa, water, etc., prior to algnatuu+e on the final plat. 2.11 All development kWrovemmeats, kduding but not limited b -sewer, fig, mao-Pobs, pressmized briptiou and landscaping shall be installed and approved prior to obdri" certificates of occupancy. 2.12 Applicant shall be required to pay Public works devekpoem pian review, and uonsmetiott mon fees, as detemused dining the plan review process, prior to the bum= of a plan apptoval Jetta. 2.13 Applicant shall be rhe for application and complim e, With any Section 404 Pamittiag that may be required by the Army Corps of Fngi warn 2.14 All grading of the site shall be perfommed in cooformmce with MCC 11.12.3K 2.15 Compaction test rraults shall be sobm i#ed bo the Maidiaa Building Department for an barift pads riving er &euW bacddill, where footing World sit atop fill material. 2.16 The regions shall be NgWred to certify that the sued oenuteriine elevations are act a minimum of Meet above the highest established peak gioamdw,ator elevation. This is to enemas that the bottom elevation of the footings is at least 1 -foot above. 2.17 The applicaota design eggineer shall certify that all reepmap beds out of the public right of -way are installed in accordance with the approved desip plans. This ea dficedott mast be received by the City of Meridian Public Wort Department prior to the project reoeiving fad approval. 2.18 At the completion of the project, the apph smt shall be responsible to submit reoord drawings per the City of Meridian AutoCAD stendards. These record drawings mast be reoeived and approved prior to the issuance of a cartification of o=*WW for any snvcto es within the ptoject. F.xhWt B MY OF MERIDIAN KAMING DBPARJUW STAFF SBPOstT pOR TIM 1 URING DAIS OF NOVMM 25,20N 3. FIRE Di8PARTNMM 3.1 Aeoepgmoe of fire water supply for fire poteotim will be by the Maidian Fare D*W meet and water quality by the Maidimn Water Depatment for bade= tenting. 3.2 Final Approval of the fin hydrant be &dm don be by aha Meridian Fite DgWWW t. a. Fire Hyehxds 811111 have the 4 W' oWd face the main strati or p jdgg Iot aisle. b. The Fine hydrant "not face a dreg which does not have aeldrssaaes on it. a -Fire kftk rt mannas shall be provided per Public Warks specifioatim d. Fire Hydrants shall be placed an coeurs whm sparing, r tis. e:. Fire hydrants shall not hot any vertical obsbuc tions tp outlata Within 10'. £ Fire hydrants d" be placed 18" abawe fiuishod gtsde to the cermet of the 4 %- outlets. g. Fire hydrants shall be provided to meet the requiranrerrts of the IFC Section 5095. L Show A prropesed or etching b3 huis for all ■ew Centtulisn or addition to adoft bWhft s withbs JM deet of Hie peej"L 3.3 Any roadway greater tbam 1 SO feet in length that is trot provided with an outlet shall be required to have an appoved tura around Phasing of the project may require a temporary approved tura around on stroots Stater than 150' in leatgth with no outlet. 3 A All em=snce and internal coeds and alleys shall have a turning radius of 28' inside and 48' outside radius. 35 All common driveways shall be straight oar have a tutnin radius of 28' imide and 48' outside and shall have a clear driving stAme which is 20' wide and support an Imposed weight of 75,000 GVW. 3.6 For all Fire I.aaes pvvida sWNW "Ito Padmg Frye Ime. 3.7 hum that all yet undeveloped psreds we maintained gree of oombo tible veptafi m. 3.8 Fire lanes, streets, and shuct rm kwhxft the canopy hadgbt of martnne trees shell have a vertical clearance of 13'6. 3.9 Opaatiaal fine hyrhaots, tmVomy or pamarreaA street sus and seem made with an all weather susrfim are squired before aombustiffile construction is bsoru& an site. 3.10 Building setbacks shall be per the Ioteamtioard Building Code for one and two story eonshucxion. 3.11 Commercial and otgcce oomMencias will require a fires flow eonsisieat with the Mean tional Fin Code to saavice the proposed pojed. Fire bydra nis drill be placed per Appendix D. 3.12 The fine department requests that any tisum sdgnslizdion inodled as the result of the development of this pojecct be equipped with Opboom Sensors to eomm a safe and efficient response by firm and emeageacy medical service vehicles. This oat of thin installation is to be borne by the developer. 3.13 Maiandn a sq aration of 5' from the building to the chunpster end os m 3.14 Provide aKnox box entry system Seethe comaplaprior to occupancy. Phidbit B MY OF AMMAN PLANNMG DEPARThgWr grAPF ROMT FOR THE i®ARMO DATE OF NOVOWER 25.2008 3.15 The applicant shpt wet with Pla ndm Depatmeut staff to provide an address Wer tif>cadon pht and a sign which ends the requiremoub of the City of Meridien sign ordiv moa at the required ioberaedion(s). 3.16 The Fie Dept. hag oonwras about dee ability to adds: dee project and have the addrum visrble from the street wbica the project is a &awd off of Mean Coated the Appeasing Speciayat at 898-5500 to address this oancan prior to the public heaciog. 3.17 AN aapeda of the bur NW$ mystmos Curla ft a dit systems), paw R sbww Pim shall ben quirodto complywidtthe?mtanatW dFimCode. 3.18 All portiaos of tba buildings locsied on Ws project must be within 15W of a paved surface w mease+ed aocmd the perimeter of the banding. 3.19 Provide exterior egreag lighting as reI ed by the hAwnstional Buil ft 6t Fut Coria, 3.20 These shalt be a fire hydnaat whbin 100' ofall fin depatmew oonneatious. 3.21 Buildings over 30' in heigm are required to have acoas roach in a000ubwe with The lotan& ioncel Fire Code Appmdx D Soctim D10S. 3.22 COW412C AL AND ROUSTRIAL - Bvd1digga or Sal<tia meuoeediog 30 fed (9144maa) or throe sharia in het k sha11 havoc at kart three means of Ere apparatus Meas for each steuctnra. Two of the aeoess roads doll be planed a distance apart equal to not less thea von half of the kogth of the overall diagonal ddiwaWast of tine property a ars to be server, mwmmod is a stmW line. 3.23 CObUdER[7AL AND MUSTMAL -)Maggs or 5ea'ktia having a gross building arca of more than 62.000 aquae he (5760 m2) slmll be p wided with two separate and approved fie: apparatees aooeas mads separated by aria half of do marmnm Overall diagonal dimension of the property or area to be saved, measured is a line between accesses. Rr+oaptisn: Pwjeda baviteg a gross bueiWing area of up to 124,000 square feet (1 152D m2) that have a single approved fire apparatus access road whin alt b ildmV are, equipped dnougbtrut with approved su0oe ole gxkd er syaamL Otanotmiass 3.24 Multi -Family and Command projects. ll be required to pwvWe additional 60" wide awass pout to the binding from the fire lane to alba £nes the nova out of manual fire suppaeaioa equipant and gurney operations. The wed breaks is the panting stalls gull be pumded so that buMi g saxes a prowled m serh a matinee that the most nowte pat of a buSft can be reached wkh a length of 1SW fre hose as meaaeued sword the pedmidw of the building hors the fire Lme. Code complaint EWxHw palms spells may be included b assist meeting this ngwrm=L Caotaa the Ma ddiam Fire Depardoaaat for detsib per lFC Station 504.1. 4. POLICE DIMAR'ilY Mr 4.1 The proposed daydapnaeat shall limit landscaping ahrubs and buuehes to specxa that do not screed two foot in bagbL Tinea shall have a canopy of no kas dna six fiat. Ila shall spedficaliy be addressed for landscaping up against any dnKt= and along the pole t m Ply 1Exbibit B 2 Cr Y OF MMMUN M ANNINO DWA"WW STAFF ROM FOR nM lOWKWO DA -M OF NOVA A 2" 4.2 All pedes = pathways ahs be dh mwaW with 4 -foot bWlwd style lighting a equ vdad and shall be apexed close aweigh tovdwr for contisro m U#ft of the satire pathway. 4.3 DrlNeaswy amw nab Tar 1tlRe jaratJW&of A[aMMMbra Rosi alladt 6s deuo�xat t+ovi�,il>�sru elriewrars�y. S. PARKS DEPARTMENT 5.1 Coo *u to Md pathway location with the Parks Deparbaaat. 6. SANITARY SUMCES COMPANY 6.1 The proposed devdaptausit Wa limit landscaping dxdx and bwhaa to species tbn do not sensed two feet in hdgbt. Trees shill have a canopy of w ka tbsn six feet. 6.2 Prlor to isanaaoe of a oeatilioaue of =wS com plime, that app, roltall submit an approved site plan fival SSC. 63 Waste aelossM access: The appliamt shall provide d jmwQW&ft for 6 and 8 cubic yard containers. Allow a mimmam of 60 fL froa W deataaee for such 000srainees. 6.4 '11rn><i ug Radins: the applicant shall ps uV& a miniimum of 50 lit. honing n&m 6.5 Waste a acloswe dimaepons: the applic" :Thal: ponvvide a mia lmo w of 12 R. clewanoe inside of the eoclorm gates with the gates in the open position. 7. ADA COUNTY MGHWAY DISTRICT 7.1 Dedicate 35 -fent of rl&-of-way firm the owe of McMill n Road a xab g the site. Co=&W a 5 -foot detached ooneme addm& a mimiasant of 28fat fiom the centerline of MWilh n Road abottiog the site. 7.2 Dedicate 48 -feet of right -of way fres the eeatiWUM of Tea Mae Road "ting the site. Com a 5foot detached coeo mvw aidan& a mh&mnn of 41 fat from the dime of the Tea Mile Road aborting the pts. 73 Construct oaotw landsmpe isl=ets on the ktmmal roadway, = Pooposed. Pmvide 21-%ot street sections on each aide of the proposed cagw islands. 7.4 Construct 4 traffic circles an the hkuW roadways, as proposed. Coordinte the design and loc adw of the traffic clmtes with District Trak Seavx= go& 7.5 Cvnsuw two roadways to is McMillan Road in laaUm eoopst W with those previously appeovod with Volterra SuMvistan crit 2005. 7.6 CeOMW one roadway to iartersect Ten Mile Road in a lova don ooh with that parevioaly approved with Voltwx Subdivision in 2005. 7.7 Other thea the access specifically approved with this application, direct lot access is prohibited to Ten Wile Road and McMillan Road and shsA be noted as the %d plat. 7.8 Comply with all Stsadwd Conditions ofApproval. CTTY OF A4+1 IAN PLANNINO DWARMW STAFF RRKW FOR 7M HEARM DAIS OF NOVEMBW 25, 2005 4.2 All pedestrian pathways shall be ilhmnimted with 4 -foot bollard style figlft or equivalent and shall be spaced close eao %h together for cond=or au Hgh&g of the entire pathway. 4.3 � TM Ilse just words of �tcl4MM Xpod aAca$ be as a r - S. PARD DIWARTAUM 5.1 Coor&" Wed pethway locations with the Parb De mUmt. 6. SANITARY SIMMIC28 COit+IPANY 6.1 The proposed davdcpmeat shall limit 1 shrubs and bud= to spades that do not exceed two feet is height. Tris shell have a conapy of no less than six feet. 62 Prior to i umce of a eadfiatfe of mcwg eomobno; that a WHcad d" submit an appsoved site plan from SSC. 6.3 Warta eacI== no=: Tire appli W shall provide &hoon cspab-W for 6 and 8 cubic yard containers. Allow a minmaoem of 601% frnmtal cleatanoe for such cotnainexs, 6.4 Tmiog Radios: the Vplic am shall provide a miaimnm of So & turning radius. 63 Waste =closure dfineaai= The apPlicwnt:hall pude a mdnaimum of 12 R cimmee inside of the eoclosw+e gates with the gates m the open position. 7. ADA COUNTY MGuwAY D1 rmcT 7.1 Dedicate 35 -led of d& -of -way ftm the oanerliva of McMillan Road abutting the site. Cas ruct a $-foot detwJwd connate Wd a& a minimum of 2&feet finest the centarline of McMillan Road abouing the site. 7.2 Dedicate 48 -feet of right -of -ray Eros fire c e ted o of Tar Mile Road ab ung the site. Consauet a 5 -foot detached c=W to sidewalk a mWm= of 41 feet from the ce merlin of the Tea Mile Road abuming the site. 73 Con tract c e0ter landscape islmn& on flan iatem vd roadway, as proposed. Provide 214mA street sections an each ode of the p mpoa d c=k r islands. 7.4 CeasUW 4 traffic circles on the irebexaal roadways, as proposed. Coordinate the design and locxtioa of the haft turcles with District Traffic Services stWE 7.5 Ccastrnet two roadways to wftsecx Mcgdlillan Road in locations co usifteot with those pwioudy approved with Volum Subdivision in 2005. 7.6 C nkmet one roadway to into INKI Tea Moe Road m a loostioa cooent with that previously approved with Voltam Subdivision in 2005. 7.7 Othex than the aocem specifically approved With this W&c oio% direct lot acnes is pr+oln'b W to Tei We Road and McMdlm Road and shall be noted on the tmel plot. 7.8 Comply with all Standard Coalitions of Approval. Ep"t 8 3 CITY OF MMIDIAN PLANNING DRPARTMIM Sl AFF REPORT FOR 1iB HEARING DATE OF NOVEMBER 23.2008 CITY OF MERIDIAN PLANNING DEPAATM INT STAFF REPORT FORTHE HEARING DAYS OF NOMMUL 23.2008 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any ukting inigstion facilities ball be relocated outside of the right-opwgy. 7.2.2 Private sewer or water system are prom w ftm being located wit>rin say ACHD roadway or EWA-of-way. 7.2.3 All utility relocation costs associated with improving sued fiug& qs abutting flue site shalt be borne by the developer. 7.2.4 Replace any existing damaged curly, guitar and sidewalk and any tMt massy be daruaged during the c0naftuctm Of the Proles dOW010111001Z Contact Camtrvctme, Servicer at 387-6280 (with file 7.2.5 Comply with the District's Tree Planter Width kta hn policy. 42.6 Utility street carts in pavaneut less thea five yarn old are not allowed udesa approved in writing by the District. Contact the District's Utility Coordinator at 387.6238 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District policy Manual, ISPWC Standards and approved supplasrtents, C.aamtruvtion Services procedures and all applicable ACHD Or+dinarroes unless specifically waived herein. An aoginear regietared in the State of Idaho :ball prepare and certify allimprove nan plum. 7.2.8 The applicant shall submit revised plans for stiff approval, prior to issuance of building permit (or other required pamits), which incorporates any required dasiga changes. 7.2.9 C suucdM use ad property dsvelopmreaot:hall be in coszfinum with all applicable requirements of the Ada County W*hway District prior to District approval for oaarpemy. 7.2.10 Payment of applicable road inspect fees are required prior to building conrtrood a. The assessed impact fee will be based on the impact fee adinooce that is in effect at that time. 7.2.11 It is the responsibility of the applicant to vasify all aristing utilities, within the right-of-way. The applicant at no cost to ACHD shall repair adstigg utilities damaged by the applicant. The applicant shall be required to call DIGLINB (1400-342-1 SM at least two full bins days prior to breaking Wound within ACHD right-of-way. The applipat dMU contact ACHD T=MC OpMMM 387.6190 in the event any ACED ooasduits (spare or filial) ace eoMpromised during nay phase of coostruttiom 7.2.12 No chm*0 in the tams and conditions of this approval shall be valid unless they are in writing and signed by echo Of the sfPlicant's sulhociaed representative and an w&xieed representative Of the Ada County Highway District. The burden :doll be upon the applicant to obtain written confirmation of any change f Term the Ada County highway Duk ice. 7.2.13 Any ehatpge by the appliraut in the planned tae of the property which is the subject of this application► shall require the applicant to comply with all ala, regulations, ordinances, plans, of other regulatory and legal restrictions in fom at the time the applicant or its a moasars in h texw advises, the Highway District of its intent to chimp the planed use of die subjart property unless a waivaNariance of said requirmunts or oduer legal relief is granted pursues to the law in effect at the time the change in use is sought. & CENTRAL DisrRX"r IIEALTa DEPARTMZNT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 82 The following plans name be sublusitted to and approved by the Idaho Det of aft �t welfw% Division of FAvirommmatel Quald r: central sewsge and central water: Bxhft 8 CFry OF MMIAN PLANNING DEPARTMEMr STA6'F ROMT FOR THE HEARING DATE OF NOVEhOM 2S, 2006 8.3 Rtm-off is not to create A problems. 8.4 Central Dishict Haft will requime plans be anbmiitted for a plan review for nay. food establiabm mts, groomy store, bevaage aAablisbmmnt, swnrn og pools or spas and child care caner. ExhlU 8 CRY OF MEM)1AN PLAMM DWARTKW STAPF RHPM FO1t THB URA1t161(i DATB OF NOVU,.2,. 2ppg C. Legg Dommiptioms and BxWt Map V QUAultins ME Lii Q L Dvlc2w=m pit+; A pared OfIfird No. �t a portion of a a" aflmd as deatribed;u gpad Warranty land a dead to WofAdt C°rnq' mto —Ilia a Portion ofa acct of Y pad.lorttaoe�t No' 1County. 3dabo� IoPether stiW a Poetim od a ta1Ct of land ae deepa'bed in bXnaeeat Na 106041249. t000ait of Ada County 6drho�, t in $Om sridr a of -way a( Wert Memo Road ad Nath Tat M portion of�ire Ri�tt- Sactian 27. TWmblp 4 Nogb„ � 1 WSK Bain fid.4 Chy is 11te sou0aart � of kbb* man par6cubOY desraibed as ioaorom Of Mel ' Ada may, Rmac at the e to Sao" cmw OullIMPoSection 27.2 .34 and 35 of add ToerueMp and O � ofa�dd 8ecd°° MCAi3'S6!29' odnriy Went. 891.33 tm b am oct North 88'3612lr Wag. 969.93 lbel; thenen yw* said South Me North 0153'36" Fatt.1I 71 hd-. ti mm North 06'3rXr Weer, 61206 ft Waley Nath 2714.26risk 338.89 feet: thence acid oath line' 4D9.34 iaat b apoiat oat Noetb line dsaid SouWaar qws daeaoe abag south 89'2]'12" *art. t769.39 Det b the Bart 9ueetm F mmerofeum Section 21; thaaoa South 0"11' 16 We*.1738.6d AM dont dte an line ofaid SU21M 27; thence kw* said Favi UM North W39146' Wag, 483.13 ft dMoe 62.3.40 hcta die 1k =W er�c a radius ef40GM fw, a duke ag81e of 89'17'46" and a ori barrio: Svupt 45'42.22.Wee, Por a&lt= a 4362,20 Pau dwaft South 01ro3'30" Wow. 499.73 lbs b the pOW Op =cn Said pnrcd oordaiac 93.65 aeras arae or leas. )oo.w.pvMtony • oe60CHI rogaaoon��a�soiMnquoeaoroee lrxbibit C _ 1 _ C27Y OF MEUDMN PLA1dV O DEPARnGNT STAFF RBPt T FOR TIM HZ4RM DATE OF MOVOGM 23, 2006 Mljp.tf LRGAf• D99C tumm opt c o ns u t f l nq, Int. rnread i -1s zombg A pMW of imd bdo8 s portion ors traet of laid ss desW*W n gpeCW WAY Dsed, bu&o mot No. 10649900% records of Ads C.oaoty, Waho� iia wo s am of land ss dmmibed is SPOOd W ---V Deed, b.,..No.10tf099041, of Ad mo s Poem of the "My—Way of Wet MdfiVm R04 dbad gtattQ of Sssdos 27, TOWJ** 4 NoW6 Rep 1 WaL, BW.. o'f MM► Adm COWAY. Idalo a= ps kWsdy dawAM*W n bllowC CO=Dwm*g at do Satim OOMM �dieeea alel6 dw SaWkline tD Seo27 27.26, 34 nd 35 of mid Toa , j* D or � bow cont � 27 NorW 3t'S6�!" wart,10Z0 0, feet b N" 88. 50' 29" wap 84125 *on thsoas Wft said Soo& Um Noah OP S3' SC $set 1117.09 feet; theses Nath 90° W o0" East 7M.718ast; "we 40 48 hd &10% s cave b die sight, sWd cave haft s ndatt of 2>>0.00 fell. s dells ao81a of 08.1702•c adsloafsshadbeamsSomhWe@ro o0"BWrws&N =of4 4S�Sw As South 01" 03' 31• watt 588.00 � lbaaoe 140.001set alaas s guttae b the 6sR. card agave cavies satditit ot330 00 %ef. a► � 220 SS' 06" cad s h% ebaad beam $ea 10' Ze O2" Sart Im s "On of 139.07 ha. � thence Soo& 210 S1' 3S• Fart 100.00 hw; dome 80.00 fen Wane s cane in the d t. srid carve Ttsvins s:adltlt of20�o0leel„ s delis 22• SS' 06 ; rad s 100 oltosd bwbo Son& 10° 24 026 SM fora dietof seoe of 79%7 Beat�aheaaca SOO& 01.03' 31" Waat I9M fw to the rOII'IT pB TG: Said Pal a o&Ww" 20.00 says mora or less. i+aw.ora�a • Dani.. art°�i°106en�.e" �'P°' '�� .a Exh%k c -2- CRY OF)aMRX& ► A.ANNM DWAUWW BTAPt+11PT PM TME HBAMM DA -MOP MVWAMR 23.2008 pi Gonsultln0, InG, ��oR 10lbMwANo,iAPWCW Of �aPa-1 Pic tract ofkadndeapibdis SpqcW Ittod n 06099Q41� reoosds ofAda C m ". Ldslw. boar a yD0°d. COeoy, moo. waa fig ' Na 10604iW mortis A& Ww Bain adslow . �Y of!►�ssidiaa, Ada Caanty. mww " qmWGfZdWm M" pmmdwly dts¢rlw n a< d* 38od0R *"*" 4"W411 a SMW 27. .16. 34 and 3S of acid Ta.1p, lice oc1 �d section 27 Woo WM 1861.6 Each w 63'66• Bart 1117.09 feat a Mia tib OF North 1° 53'56* Era 182.62 E004 dream North 060 37 30" wear 612.06 key dhaaea Nordz 22.14' 26" Bart 338.19 deet; dhaoa Nord, 00° 59' 3r Ent 36,43 foeq dwme South W 23' 4r Bast 104.83 6M them 250-00 Ir27�aSMb ftailafuvsh�iga', oft1SQO0het,addismwkof elNarW84•221350 Ent Porad oftwof249.51 kat; 423.13 feet along a crstra tD fisc tight, said crave a nOw of 2000.00 kat. a delta of 1247 18" ands tang dwd bast North 84• IY 34• EM %r a distmm of422.34 f treoca 521.30 ka 12.42'36" analondg s earva eo the tad, Said on" bawittg a rarity of 235M him6 a delta go& of a MM ebad ttaaeirsg North or S4' SS" &K hr a AN=" efUD23 r 0� South 06' 48' 46• East 100.00 fad Ihaooa 10000 foot Siong& ebo dw ' add earva baring a m" of650A0 lot. a "... of 08.4V S3" and a bareio�g South 04.24'20" Beat for a diWrroe of99.90 kSt; Wance 42S.00 fm along & cwvc 10 Ibc 12* 48' 5r s a long chord ' slid aurva a radian of 1900.00 kat, a ddo aagk of thaaco SWA 06° 2C 22" East for a diststtoa of 424.1 i fast: :sosw.otieSo��e • tte>,.�tc�4tuo4rnep r�Na�aar BxiamC _3` Cn Y OF MOIDLIy P" DWAA•t11f Wr STAPF1t,> PM PoR TlM=4RM QATS OF NOVgt WM 2S.2= E onsultinZ Inc, ��lr OIC: A 0ojod of ladbstata a i-ordonafaiead ofbmd ss m a OW'M, rum* ofAda Camky- *G" WWSWYDad. or dmrhW ss *Uwwc soi,e Mer dtaa, ah' ofgundION may, l 27T ---- W 4 rata Abby COMMUNft M&Ml%v;Mj dam Ilse Baetetad J Al1A 24 3416 d 3!3S ssid iP sAd tbloes said lies " M72.93 feet b the Neelh W 3a' 44" Wet laSAO � 247.00 feat abos a astve b the ieA. said qw,e bari,� a radios of l0pp pp 14* lW o ". and s b"eaosd SOUS a l'F 42" WW Arra MMMM of246.371 of >he� 577 -OD &K Waft a of 14 04, OS".:md al� b to b. �tdd mere. a a fZ3sp pp � a dere gum et Rx aana ebotd bestioa Saab a3° 14' t i"W Wof 423.13 feet aloaig a were b the les, said �e a ndiw oi20pQ,QQ,hM, = dsi'ta 1 18". sod a ioeg'bard ba ft Sam"aar a4° 12'34" Wet fbr s dieame af422.34 of 2SO *fir2TOo � mdi�ab#,styl� CM haftandioeo[il30AO�.addy tike loos ° a S*,Ab UP 2' 35" WOW Ow & af20.31 � Nerds W 23' 45" West lat.a3 rest dom No ft 00° W 37` Bast 332.42 hg b go WS bss of said taa0 SO= 4WO acid atu line S*Wh VP 21.12" Eget 176939 feet b the Beet gaerter Comet o[sdd SoCdM t>fettas X16" Wiest 171.46 feet aloft ft FAM lice Cfssid secdoe to Ws PONT olp Satd P�+i aosg lO. rooe erica. sY tsorry prwbp . �mlo* IM4Wq �&A602�: t, a^ ua « ExhM C CITY OF MMML4N PI.AMNM DWARTU DIT STAFF REPORT FORTMEHUMM DATE OF NOVWAM 2S,2009 — Mlm Conaultinq. Inc, 540.53 feet Moat a nava b the lek said cava bav* a iadias Of4SOOA0 W 17 56 and a toted dined ben** Nam Or 22'23" tbmftWeer f or a d� o 55,21 let at of 12° 4V Sr wA actttti"a 1D dotitbt, at6d aeeve tiw*2 a MW" art of 1900.00 Su, a della angle dwm shoed beaeitg Noedt O6' 24,'22" Wfor a diWmm ot424.11 AM OS° 46.53 10000 fat analondg a Cerro to tLe kQ aid canro bavi�tt a ratlfae of 650.00 feet. a della a toa j diad bei Nath 04.24.20" Wirt i6► a dimace of99.90 Nath W 46' 46" Was! 100.00 feet; &ace 55.'70 feet aiogt a carte b tba hd}. acid cnrva ttav9o; ■ tadiae l'23JOA0 flat. a delta aatle of 01. 21'29" nd a bait cbmd beailt�Nott1176• s2.53' East Geraa dW.W of 55.70 Poet: dtea f 247.00 feet *lost a cww to the dSX add Ow" how* a radtae of 1000.00 beet a delta of 149 09' Or tad a 69 &ond beariat Nadi ft- It 42" Eau hr a char =of 246.37 fet dwm Soedt 89. 36.44• Bed 165.00 feet b the 8set tine laid Saetioo 27; &M-118a{au8 aid E40bias SOU* OO' 21' 16" Wat 1367.19 Dal to **POI,N'r O/ Scud plod coatsimbte 25.10 sr rncue or lac„ N- 190tw.oveKarxJ • tetee. �bglmts��W� .t. ' • � .oe Mana0unsnt edait C .7- cny OF bMWIAN PLANNING DIPAWMa STAFF RMPMT FOR THE I EARD G DATE OF NOVEMBER 25.2008 [ 134R� VOLTERRA SUBDIVISION (YYf of MEN1011Ya _ SlG Ii, t-aM P. -1w E%bmc -8- ��d iL176M 1G10F16 Ot1ra 440P.D 4740 C+40PG ! t9 !71 sD 77l00e 17+4Y3i- W --A S61s SIO 23 C,0 3- "5040 ,x:T'20 6M•3774's 2491, t,1 } 42113 7001160 ,310r -r 34a,Y'34'O 42234 .12 '5770! 215000 14'%I -. M" W* 1`1S5 C13 49700 100000 ,4'40'4:". 24f:: Cie 1 4040 Hoot r,rer snosrooc �,.: C-1 I 200.00 271000 wrs•3r *44444 44`: _;• e � �MQuadrant Consulting. Inc. '— WK. 110. r 09ftA D ROW Mr. 4w• 071b1 -7061 Jet- 11.O,Y[ /106/ M!-�iOYt ry 7 aft saw= 31l1a1r[^;•. �... xmuo LU�.4 lah6 -446-40 Cl 40! Ot IN1YN' fab'.2'ZT r 34! 20 r,J 4000 moo! 72'.'.'06" s107.•62'E 1444 2?! 26 '4C.10 36000 73'J0.O6' L10'.07i ,3607: r0�M1It �( 2a7t { 350 00 4.46 tr • 49••7.70•• ` a It, _ b SS 70 :300411 1.1i 14- vn"S2'63'E !! X AC N wy c" cu a 6 SW. 0l4JD ++51 n"i6nl► waK w 1ato.12.4 R MCi0360 Aso A y x MMr 11R72i smari .. -41 { S. { { '610100 tY , � { C1A10£hi C•C LOM[ � r n � A 2054 ?w MN'34'lf7 Y mc4oujw 4040 4► 1� lamuw VOLTERRA SUBDIVISION (YYf of MEN1011Ya _ SlG Ii, t-aM P. -1w E%bmc -8- ��d iL176M 1G10F16 Ot1ra 440P.D 4740 C+40PG ! t9 !71 sD 77l00e 17+4Y3i- W --A S61s SIO 23 C,0 3- "5040 ,x:T'20 6M•3774's 2491, t,1 } 42113 7001160 ,310r -r 34a,Y'34'O 42234 .12 '5770! 215000 14'%I -. M" W* 1`1S5 C13 49700 100000 ,4'40'4:". 24f:: Cie 1 4040 Hoot r,rer snosrooc �,.: C-1 I 200.00 271000 wrs•3r *44444 44`: _;• e � �MQuadrant Consulting. Inc. '— WK. 110. r 09ftA D ROW Mr. 4w• 071b1 -7061 Jet- 11.O,Y[ /106/ M!-�iOYt ry 7 aft saw= 31l1a1r[^;•. �... xmuo LU�.4 lah6 -446-40 Cl 40! Ot IN1YN' fab'.2'ZT r 34! 20 r,J 4000 moo! 72'.'.'06" s107.•62'E 1444 �C3 '4C.10 36000 73'J0.O6' L10'.07i ,3607: C4 •SLS: Moo 7YS4'3!' E#43-3�rWo ,5737S4ald +000043'12'10" 5M.21 fe�4t°.O0 rso0,L0 etN'S8' nb'ta'tt"4 .7aH 350 00 4.46 tr • 49••7.70•• ` a It, _ b SS 70 :300411 1.1i 14- vn"S2'63'E !! X VOLTERRA SUBDIVISION (YYf of MEN1011Ya _ SlG Ii, t-aM P. -1w E%bmc -8- ��d iL176M 1G10F16 Ot1ra 440P.D 4740 C+40PG ! t9 !71 sD 77l00e 17+4Y3i- W --A S61s SIO 23 C,0 3- "5040 ,x:T'20 6M•3774's 2491, t,1 } 42113 7001160 ,310r -r 34a,Y'34'O 42234 .12 '5770! 215000 14'%I -. M" W* 1`1S5 C13 49700 100000 ,4'40'4:". 24f:: Cie 1 4040 Hoot r,rer snosrooc �,.: C-1 I 200.00 271000 wrs•3r *44444 44`: _;• e � �MQuadrant Consulting. Inc. '— WK. 110. r 09ftA D ROW Mr. 4w• 071b1 -7061 Jet- 11.O,Y[ /106/ M!-�iOYt ry 7 aft saw= 31l1a1r[^;•. �... xmuo Cny ofMMUDIAN M ANXN() DBPA"MENY STAI+F ttmPMr FM THE DAIMOFNOVMM 25,2W A Required Finding fnoam the Unified Development Code 1. Re=oe Findings Upon r+ecaammeadmtion frena the CAUMAN810110, the Coaadi amt awe a fat hwoodgaba mad slut, at the pauk lariat, nwiew the appiicadar. L ache to fraw ae amenameat to the Compreieaslve 1tYa, the Coaaet dwN IWOka the fd wbg ibsdbgL. a. pho; soteadmeai casmpifes will tie's ettie eaamps,e The aPPlic ad is proposing to remove 93.64 acres to R-15, L -o, C -C and C -G. Tho Camcd finds that the proposed z mmg map smmodmmt will comply with the spphe" provisions odetbc COMPmhuwive Plan if CPA49403 requert is approvaed to a Mixed Use�C,ommnoity gnadom b' � the Pupose * du +hoar oattaed l�Or the ps�oposed disMct; The C.ounW finds that the proporod alit Of uses would RON in pmviding service needs of the Comm mitt'. The Council finds that future davelopma t of this property sb=U comply with the established rplations and pupow rtdamaob of the requested aoninq districts. a M MP ameadm* slat sot be mates ft dfkhmsatd to the pabik hemiti, amfety, The Camcil finds that the proposed m ring ame &rod wdi not be detrimental to the public health, safety, ar welfare. Staff reoomomda that the Conuiu oa and Council rely on any crd Or written ioaduww that may be provided when dig this finding. AL Tae map maaeaisa d sort sot ralk 10 AS advwu fWPfid apses tae dd wy of swvkm limed puWk serviieea witbk the C* imdadis s but not The Cotwdl finds that the proposed ==S ammdmom wdl not result in any adverse impact upon the delivery of sarvices by any po subdivision ps+QAftg services to this site. e. The reaoae is in the but iata:+est o[tae City. The Council finds that the raone of the snbjed prnpaiy fiom R-4 and L-0 to R-13, L-0, C- C and C:-0 is in the best intmest of the City. EYJUI ie D EXHIBIT C FORM OF PARTIAL RELEASE OF ORIGINAL DEVELOPMENT AGREEMENT (SEE ATTACHED) 4816-192S.2485.3 PREPARED BY: RICHARD J. ROSENBI ATT, ESQ. KUTAK ROCK LLP 1650 FARNAM STREET OMAHA, NE 88102-2166 (402) 3464000 TERMINATION AND RELEASE Meridian (NIM. ID Store No. 5841 This TERMINATION AND RELEASE (this "Release") is made this day of , 2010 by and between PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company ("Developer) and the CITY OF MERIDIAN, a municipal corporation of the State of Idaho (the "City"). PRELIMINARY STATEMENTS Mary Floyd and E.L. and Shirley Bews, Bews Family Limited Trust (collectively, "sews"), Primeland Development, LLP and the City are parties to that certain Development Agreement (the "Development Agreement"), dated February 17, 2006, filed March 7, 2006 as Instrument No. 106034786 in the public records of Ada County, Idaho. Primeland Development Company, LLP and the City are parties to that certain First Amendment to Development Agreement (the "Amendment"), dated March 5, 2009, filed April 9, 2009 as Instrument No. 109040246 in the public records of Ada County, Idaho. Both the Development Agreement and the Amendment encumber certain real property (the "Property") legally described in Exhibit A attached hereto. Developer, as successor -in -interest to Sews, Primeland Development, LLP and Primeland Development Company, LLP, is the owner of the Property. Developer and the City desire to now and forever release that portion (the "Retail Property") of the Property legally described in Exhibit B attached hereto from the burden of the Development Agreement and the Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and the City hereby agree as follows: AGREEMENT 1. Termination of Development Agreement and Amendment. Developer and the City hereby terminate and release the Retail Property from the burden of the Development Agreement and the Amendment and hereby agree that the Development Agreement and Amendment are no longer of any force or effect with respect to the Retail Property. 2. Counterparts. This Release may be executed in counterparts. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4916-1925-2485-3 CHY OF MEMIAN K ANNING DMAXIMENT STAFF REPORT FOR TIM MMRM DATE OF NOVBQR 25,2W8 4.2 All pada hm Pathways shall be illuminated with 4 -foot bollard $tyle lighting or equivalad and shall be spaced close amaugh together for ocntinmom Itghtymtg of the entire pathway. 4.3 D dmway access owe Tis M& .just A" of AfcjM r Rodd d"R bedulanars a rte. k+40U-ow riitwstrhq. & PARKS DEPARTMENT 5.1 Coordinate mod pathway locations with the Parka Depehtmerd. 6. SAMTARY MVICK4 COMPANY 6.1 The proposed devdopmmerht shell limit landscaping shrubs and bushes to species that do not curved two feet in height. Twos shall have a conm of tw less than six fed. 62 Prior to iesamnce of a catiScde of zoning eowpiis=4 that applicant shall submit an approved site plan fiam SSC. 63 Waste ahclostre access: Tho applietmt shall provide dnve.on capability for 6 and 8 cubic yard containers. Allow a mminmma of 60 K firomiW cleahraoce for such cagwnara. 6.4 Tuming Radial: the applicant shall provide a minimum of SO &. turning radius. 6.5 Waste enclosure dimmensies»: The applicant :hail provide a miaim m of 12 R. clemmme inside of the enclosure galea with the gates in the open position. 7. ADA COUNTY ENHWAY DINMer 7.1 Dedicate 35 -foot of right -0f --way from the OmWline of McMillan Road abutting the site. Construct a S-fixot detached oonca+ete sidewa k a mininoum of 28 -fed 6tomn than cautaiine of MdAdh n Road abutting the site. 7.2 Dedicate 4&fed of right-of-way firm the oemftdine of Tea Mie Road abutting the ahL Conatcad a 5 -foot detached conerrete sidewallc a ndnh mm of 41 feet from the cxnberline of the Tea We Road abutting the site. 73 Construct coater landscape islands on the internal roadway, as proposed. Provide 21foot shred sections an esch side of the proposed oetrter islands. 7.4 Construct 4 traffic cad= an the intaaal roadways, as proposed. Coordinate the design and location of the traffic chela with District Traffic Services ataffi 7.5 Construct two roadways to instruct McAr M= Road in locations aonastuat with those previously approved with Volterra Subdivision in 2WS. 7.6 Camshvct one roadway to intersect Ten Mile Road in a locati m consistent with that previously approved with Volterra Subdivision in 2WS. 7.7 Other than the access specifically approved with this application, dhW lot cocas is prohibited to Tem Mile Road and McMillan Road and shaA be noted an the ftd Plat. 7.8 Comply with all Standard Camditioms of Approval. Exbibit B Meridhn (NW), ID Store No. 5841 IN WITNESS WHEREOF, Developer and the City have executed this Release as of the date and year first written above. DEVELOPER: PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company By N me: Rzaw►tL s.vAelz�a�� Its: M&+AA-CkVr2_ STATE OF 1 } ss. COUNTY OF #&T ) The oregoing instrlrlment was acknowledgebefore me this � day of 2010, by 1LS, I G as of Primeland Inv stment Group, LLC, an Idaho limited liability company, on behalf of the limited liability company. KIMBERLY WINKLE I — - wi Notary Public State of Idaho 4916-1925-249S.3 My commission expires: /l Lr-/Zois Meridian (NW), ID stere No. 5841 IN WITNESS WHEREOF, Developer and the City have executed this Release as of the date and year first written above. STATE OF Idaho COUNTY OF _ } ss. } CITY: CITY OF MERIDIAN, a municipal corporation of the State of Idaho The foregoing instrument was acknowledged before methis Q! day of 2010 by' % 0410y' of 'the City of Meridian, a municipal corporation of the State of Idaho, on behalf of the municipal corporation. O �A W y' N ry Public • My commission expires: .� Pi,Oi OF 4816-1925-2485.3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A PWOM'dlane lm" to f. N X otihs NE Y- d 9afth 34Umd ale s fel. d sggion 2r. T. 41�i.. R. IW.. B rre., A<p oo�My� Via, arae pai}laiiny de4a+beeyo roliowr qat 1A. ooalerOMMOW10 Sao aft 2$; 36, sndJ'M p*$g To6 0li Morn Mie 74 oon ooi+onor►b i�dd etlals 27 tiais f4oitl► WW '2881.$1 flak MW pdM*i V IM FOAL POINT OR _ afap tM Np IYr� d tM.NEl6 a[ alder 34.$auih Od'8�'1s� Y� LS1iS,�6 was "*mod oomrr grog Km df sdd ow w- TMfwo � � � Ipirof ialof N:yi oHIN NE St Noeilt $1M08"b8' VI(oe1; 4851.0$ fait 1of�! aouMMrst ovn!!►,d� N 7NE 1f; folia Bio wad" al laW 14 %.Of tl * Md *" W44 lr Eao1.1m,35. I�i1M,14 f eonrrpn b AW S006 6'34 and 2T ilMnca along !hr wMt 8na d tAa. $l: �i6.oftatf}8egign 2T NoMh 00'2p�0si" Epl, , 844B1bdioomarofLot7.8i4dcZctBl4ekOetWilesNo.9 w sanw w ti 3z a1p1oM at P1fpa 1$I nooiSa pfAds coungr; te�°�' 11npo� 1 isuM Nn♦ of aNd Lvt 7 !brio 00'20'12" E.a48�0�10t. b tlti Vile$cvVW a 8W WKWok bNMa No. 2 & M�iom Tlwm ewp 1040% *0 gala 8W* flat Eatara W 2 SubdW "lei** QT-1rww4A,lmtp **t Tt N*M kw* 12-4rW Wed, Me.211aet YUuioa 1. Wlh W*,W WOK $96.71 bet Thw+(,+4l1dm avzi'04' wMaL Seim fast T��00/rdlh �':`2G'4S' 7'7.6! lent' T*Nfw mom 10"J6"O "Wel ;111.58 hei; nim" Nmlh WNW WOK 21192 fog to a Pointem to vftu * at'"M 8ea*n ITOMAWO aid On Nodb 00.31640' East, $77.06 lost t4 OikWeq 114 c w of ea10 Sgeopn 27; 2$c7!.4µ tNfmmt b'@we c.owmerd''".,om '$�odon�,' `w.�ear..la s.dtoa'27snulh aa�lirra+6�1, b !_ `�mo Sao WWROK 20.'i0.p6 MO to"E4mt 114 ao�rNrarsgids,a;o„ 2T; �T>har4t 8*IWW � oK 2844.37 foot#v go i'OJ"1T of � Q 312a.,weaor 4816-1425-2485.3 THENCE A DISTANCE OF 163.78 FEET ALONG THE ARC OF A 307.00 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 30°34'01' AND A LONG CHORD BEARING N 14°13'28" W A DISTANCE OF 161.85 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 88056'28" E A DISTANCE OF 434.84 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 0°49'13" W A DISTANCE OF 112.27 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 89015'21" E A DISTANCE OF 622.75 FEET TO A 518 INCH DIAMETER IRON PIN ON THE WESTERLY RIGHT-OF-WAY OF N. TEN MILE RD; THENCE S 0°21'14" W ALONG SAID RIGHT-OF-WAY BEING 46.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE % A DISTANCE OF 867.98 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 7°11'51' W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 100.72 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 0021'14" W ALONG SAID RIGHT-OF-WAY BEING 58.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE % A DISTANCE OF 84.76 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 3301626" W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 57.62 FEET TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 26.17 ACRES (1,139,781 SQUARE FEET). ERROR OF CLOSURE: ERROR NORTH: 0.00246 ERROR EAST: -0.00014 PRECISION: 1: 1,756,556.00 4816-1925.2485.3 EXHIBIT D DESCRIPTION AND DEPICTION OF PROPOSED ZONES (SEE ATTACHED) 4816-!925-2485.3 CITY OF PIAN PI.ANNM DEPARTME14T STAFF IRPORT FORT118 MEARM DOLTS OPNOVSMM 2S, 2008 C. fel Dmz# doata and BxWt Map �t l Consulting, lnQ UGAL I)SOCRUMON 010: Ow m aaaMe tleawwlr A pared of land baeS a portion of* frad ofind an 4"W,,Md is Special Wta M y Daed. Imdwamt No.1060990t0. !scolds ofAda Como. i rho, toge0ter Wilb a portion 0f a pact of land as dmrgmd is Special Waneaty Dani. Laatraatmt No: 1060991M1. meocdt of Ada Coaaty. V" bgatheT with a pianist of a lana of Lod me defamed is Spacial Wa mq pard, lanoareata Na 106041249, teootde of Ada Cwmty. UM06 kgoduu. wi* a pMlm oftha RiSld_ OFWay 0f Wart hte"tin Road std North ran !!lite Road„ aitoaaed = the soathaaat quarsw of Section 27. Two* 4 North, gap I Waal, Boiae> r, Chyme Ada Comfy. W" arose patbmbdy demtibed a bbwm Comata ing ac the 9oclim oomer oopmnon t0 Section 27.26.34 and 3s of aid Tarr=W and w or sm °saaid 8acame Noah Ss°s6'29" weal, t9133 Seat a the confindus Nath 88'5629~ Wear, 969.93 fts; thence I wilt said Soadr Hm North 01'53'36" Sad, 1299.71 Erol; thmm North 0637'3!7' Welt, 61206 Aror *AM North 2Y14'2(r Ems. 338.89 hart; hence aid north lice Em&% 409.34 iW b a Pilch! m NoMb *w of mid SOudWW quarlar; dmoe along Sough 89'21' 12" Eau. 1769.59 8aet b UW So gaataer Cornea ofaaid SOWW 27; tbMe Sough 021' 16" Wear, 1738.65 fiat aim& the Eaat 8na of=W SeWM 27; theaoe laaviag and Fant liar Nath 89 38'46' WOK. 48S.15 flea% tlwsoe 613.0 fief atmrg a curve to the IeR. aid m b vivis a radium o f4WM fm% a drla 89x17'46" and alms chord bearing Sough 4d'f3'22" �i "% 6or adiatanoa of 361.20 hug; e South 01'03'3(r WAaL 499.73 Ret 10 00 POINT OF UGQNM MG; Said pwcd contains 93.65 awes store Or hm. AM nXM 19eM W. Ovaloed • role �0 r (70gaurwMl�esC r .ce lxbr'bit C _ I CTTY OF MERIDIAN MANNING DEPARTMENT STAFF REPt1RT FOR TIM iiEA M DATE OF NOVEMIM 25.2006 Flhyadrmt L W,AL DBBC'RQTM OFt Consulting. lrt'we"d 18.13 zeming A paled of itad Was a portion of a acct of htud as daMIW in Special Warranty Deed, hom3e it No. IM99M Monk of Ada County, Nam, togethee witlt s portion of a tract of land dacn'6d in Speeial Warraiety peed. rna4vtaaet No. 106099041. raoorda of Ada County, Idaho- toP*w with a pgtiaa of the Ri&IWM-Way of Wet McMiWo, RC4 eiatated of Maid 9w of Section 27. Tawn6W 4 Nordt, Rate 1 Wen. Boise MaW an. City Co®ty. Idaho not par8culatly daaibed a &Ibwc C4��&tdwS6cd"cQnwf­ =10 to itmagg thmew atM dw South Noe ofmW Section 27 Nal 880*79" s "Wand 0 b the P094T OR BB( KNW4Gy gw" ocathuft Natdt 88' S6' 29" Wen 841.73 feet; thattce iesving aid Soap line Nath OR' ST S6" Eget 1117.09 feet; dews North 90' 00' 00" Beet 739.71 feet; Went* 40.48 fief aloof a ctwc to the rW said pave havbg a rtt a of 2W.00 feat a dela rogle of o6.17' 02' and a'M dwd baring South 03' 03' 00" Beet 16r a diaaocs of 4005 hM Wena South 01'03.31" Wet 588.00 frog times 14& W bet also= a enrvo b dw Wk aid cum bw* a radius of 350.00 feet, a dela 22' SS' 06" =d s long chord bmiog Sown 10'24'02' iW lbr a di Iw of 13907 fasts. dwave Sant), 21' Sl' 3S* Eat 100.00 fee; dmom 00 fat dmS a awe b the tilt, aid carve having a radia of200 00 few, a dela =& of 22' 55'06w, ad a lattg diad bating South 100 2C 02" gat for a diwanoa of 79A7 hd, *Awe South Ol' 03' 31" Wat 196.00 ba so the 1OINT OF WA=W4V*G. Said patch coaWmag 20.00 mm mm or tae. 1"6 W.Ovedand • eeto.lEt8t1 N • "ana OM 34aal • ra■ t7oel mam • rmok tee adm or,+0 • luwrt+0 • GonUe+eNoaMaiapnMWW Exhibit C -2- MY OF MERIDIAN PLANNDW D13PARIMW STAFP REP= FOR THE HBARNG DATE OF NOVEMBM 25,2N8 Nhuodrant Consultlnq. Inc. LEGAL DascRuprm or. lrstlWW C: C Zpbg A pwcal of Ind bolos a PwAM ofa tract of lad as described in Special Warranty Dead. htonnrad No.106099041, records of Ada C mx q. lddmk wM a portion of a baet of land es damorW in Spooial Wwmnty Deal. hm*u see W 106041249, reosr, ofAda Comity, 'dab% sietatad in gee Soamad tlM 0 of Sea im 27. Towsahip 4 Nook Range I WM4 DOW MWWNM, City Ofse. Ada Cooaty, ldabo 10019 Pwftc holy dumlxd as follows: Commm mm at the Seotiaa 00111111 COMMOn to Section 27,26.34 and 35 of said Towmldp ad R=Sr; thence sloes dw Simi live of avid Section 27 Norm $8056W Welk 186126 hat, 50MIP1NII4C,: theeoe brae Nertb 1- S3' S6- East l 117.09 feat iothe PoIiNT oA North 10 53' 56" Fast 182.62 feet; thence Noldr 06- 37 30" West 632.06 hot; theme North 22.14' 26" East 338.59 he; *Awe North 00° S9' 37• End 56.43 Aft thorax South 89. 23' 45" East IOW Ent dkmw 230.00 foo along a carve b So LR, acid carve having &9660 of 1150-00 fad, adelta aag19 of 120 27 20" and a long chord boning North 3422'3$0 Beet Atr a dimm of 24931 fess; thoom 423.13 fest along s curve m doe dgb% said carve bw tg a ra 11 of 2000.00 feet, s lotto wWe of 12.07' 18' and a beg Chord baring Nw* 84-12' 34" Esa for a didaam of 42234 fiat; on= 52130 fact Shots a Carve 19 doe Isk said curve bavog a rattan of 23SM AK a lotto mqk of 12.4236" and a lops ahold bmbtg North Jr S4' Sr Eon At a didaoe of 520.23 Awk thence South 08- 48' 46• Bast 100.00 feet thows 1 OD.OD feet along a clava to the right. add COM Laving a M&M of 6%W tap. a daps mWe of 08.48' 53" and a ImS chord bearing Saodu 04. 224' 20" Bad for a disaoce of 99.90 feet; d aace 425.00 Ant 11100g a curve 10 the le& acid cumhaving a radium of 190D.00 few, s deka eine d 120 48' 55" and a loos dwd W bewkS Saudi - 24' 22" End bot a diataeoe of 4241.11 ant thmm ila w. 014 10 • aeira OGNM=brpinaPOMMp poel�3424MIe TWOM3424MioOna9 Eahibit C .3- CRY OF MMMM P1 MOMO DIVARWIDI c STAFF MORT IKK THE RWMG DA7E OF NOVOWER 25, 20M INS 6-uodrortt Consulting, tnc. S403o feat along a cum m the rigbt, aid nave having s m" of 4S00.00 feet, a ddla angle o S2' 36 sod a IMS chord baring Soa609` 27 23" Et Wr a di tmm of S40 21 few, North W 5V 27" Woo 836.40 fat &CM 15962 feet &I" a c+rve to dw right, acid sure barviag a radios of 280.00 fat, a della of dteaoe 32° 38' 30" and a long ehoad baring S=6 23.37 46" Baa Bw a di tam of 157.37 feet-, North 90.00' 00" Wen 734.71 Wet to the PONT OF "GUINM, Said pat+eel cmbbiog 37.84 acm mote or tear. i"*w.owMa„e • eoAe. adelip ei m rogg . WY OF M194D1AN PLANNING Dt3A17MM[ STAFF REPOWr POR'1IM MARINO DAUB OF NOVEMBER 25,2M FlrQuodront Consultlnp. Inc. LEGAL ID1 scmrrwx on. Proposed L -O Zaadeg A PKcd of Ind being a portion of utast of land a davibed is Specid Wansniy Dead. lw*umm No. 100411249,r i p a d, of Ada Couw% Maw, ogedw with a potion of the Rigla- 01:Way of Na tD Tm bM Rott1, stuped io 9* Soubm c gmrw of Station 27. TowwWp 4 Noeth. Rv0V I West, 80ee Maidisd City of Meridisn, Ads County, ldeho arae pwbalsrly described as follow 60 Fast In ofadd SeWo 27 Nw& OOV2111WHoak U72.93 Leet b old the MIN, OR d dheaca It wft said get The Nath 89° 38' 44" War 185.00 aft g"" 247.00 foot along a am b the Wk aid wrvt bamiag a radius of 1000.00 hol, a della 14Q 0T, and t chard baei�rtg South 8.1" 16'42" Wsat fir s dlsh of 246.37 � of 577.00 feet akgg a curve to d'o ftittt slid 0m v having a esdw of 235= !Sect a ddts of 140 04.050. and a lmg diad baadsg Sats 830 14t 1 r Wad BW a distanot of 375.55 Ac; tbaee 423.13 kc slangacum todiolft% aid nave having s nacho of 20MA fjok :della 1 f I8". and a bag cbord bswhg S" 840 12' 34" West fora d ftm of 4M 34 f� of 250.00 fat aiostg a nava W the d^ said c=V baweg s radios of 1130A0 Ret, s della ov& of it 2T 20". and a bag cbad booft Sowb 84. 22' 35" West fltr a distettoe of 249.5 i feat North 89° 2T 43` War 104.83 hok dunce Noilb 00" 591370 Bleat 35292 he a the north lien of sed tract *am atmtg odd month lint Sowh 89° 21' 12" East 1769.59 feet to Uta Baer gonna comm of said Section; tbtaos Sow& 00° 21' 16" West 171.46 fist abng OW Bast line of said action m *A MN!' OF Ssid psecd eonaining 110-7t"nacre or toss. sY NA "m t9Ww,gvwtond • tobw10831'06 • ncciwpog32-00!1 . rmcW%344W2 • Fnak cmeol" • Sllnedrlp . sc Emit C .5- CITY OF MERIDIAN KANNINO DEPAR WWr SRAFF REPORT FOR, THE HBAR1NG DATE OF NOVEMBER 25.2008 USE Quodrent Consulting. Inc. LZIMAL DRICHA'PIOm oF: ti'aps"d " X*Sbg A pard of had beiag a portion of a flea of Istel a dascet1 - ' is SpnW Wmaaty Deed, hwbvmetrt No. 10d09W40, eeooe8s of Ada County, kWbk t vdm r whit a poelim of a feast of had a des 1ml is Special Wanuuty Dodd. buirmmot No. 106099041, utthor b of Ada Comty. ldaba, 10806W with a podWa of a vact of fond es desefted in Special Warmly Dad. hist mew No. 106041249, rncat+ds of Ada County. ltisho, tour with a potlion of tee Right - Of -Way of West McMillan !toad and Nord: Ten ?*'b Rand, dpwled in the Soadmad gmrta of Swum 27, Towashlp 4 North, Rmp 1 West, Boise Umdua. City atMerk%W Ada County, Nate more pubcdedy dmocd w as follows: Cc=mmd% at die Schuh earser common'lo Semon 27, X 34 sad 35 of said Ta mu* and Its thence eloeg flet Bat line of said Seo 6 27 Norib 00'2111 W, 904.74 fast ie 8n MINT OF UQrlM4G-. thecae lerms said East line Nath SV 38' 46' Wast 483.13 feet; thtsthe 623.40 fat alo ft a curve to the W UM CWve a radius of 400.00 jest, a d@" ample of VP 17 46-, and a long chord bounce South 43.42' 2r Wet bol a iataax of 362.20 hs0 thence SwA 01- 07 30" West 499.73 foot to the Soulb boa of std Seethe 27; tbeaee along said South Him North fir 56 29- Wast 123.58 &el; thence leaving said South lies Noah 01- 03' 31' Bast 196.00 fest *mw 80.00 float along a carve w the loR, aid com b riong a radius of 200.00 iesl, a ddb angle of 226 ST 06", and a tmg rhu d bearing Kwik 100 24' 0a" Wier hr a diNow of 79.47 fest; thatce North 210 31' 33' Wast 100.00 feed thence 140.00 seat along a carve to the 411 said coeve having a n dma of 350.00 bet. a delta angle of 22.35 06" and a long d wed bearing North 100 24' Or West fa a dimmas of 139:07 her dm= North 01° 03' 31' East 588.00 het; d mw 200:00 feet sloes a carve to the Isk sold carne having a mdkm *f280.00 Ghat. a deka msk of 40- SS 32" and a keg chord bearing North 19' 2411 S" Wag for a diwp of 195.78 fleet; thrace Sotub Sr $6 2r East sx90 feet dmw ttmw.orwtora • eoM. cmD pOp :gip gpdrorNflgwoOib,K,oc EAAitC _6- MY OF 141MMIA1N P1.ANN1NO DEPAATMOU STAFF REK&T FM THE 1EAMO DATE OF NOVMSM 25, 2006 MOM INN Qj0dront Consulting. Ina 54033 fed alosg a trove b die Mh, add carne bavbe a radias of 4500.00 feat, adeps angle of 060 ST 56" and a long Chord be ming Naih Or 22' 23" West 69 a (5900 of 540.21 Abet; thence 423.00 fact cions a am to So Wit. Wd owe brAmS a radius of 19W.00 too, a della nab of 12° 4W Sa" and a lata Chad bmina No* 06° 24' 22" Wast for a diN mco of 424.11 feat; Wince 10a 00 tat alooa a parva b lbe ie$ esid asrva baviq a to I ofMQO Peal. s ddtm aaak of W 48 S3" and a fora diad bearing Wotlh 0t' 24'20" Wax for a di ewee of 99.90 toot; 0mnoe Nardi 08" 4V 46" Wast 100.00 jut d md:s 55.70 fact slang a curve b the hk said Curve having a radhts of23S0.00 Pos% a delta angle of Ot" 21'29" and a l as diad bearing NOtdt 76' ST Sr %ort for a dirbwee of 55.70 feet; dmw 247.00 has slang a curve to the richt, acid caws bsvft a a dim of 1000.00 fiat. a delta asgh: of 14" 07 07" and a long chord baring Nalb 33.19 42" Em Ter a didmm of 24637 be% tllallOe Soarh 89. 36' 44" Eat l8S.00 he b the Em Aim ad'ssid $action 27; 11terroe aloyg acid Fart lice Saab 00` 21' 16" West 1567.19 test b the l OWr Olt f66G OMG. Said percelcoutWming 25.10 afros moxa or tars. iS m N 1tp41N.pVglp,a eoea.IDOM • PtOM el3ra4Ml • FMP0434 40VZ • snakq,,OINO Mquoda"14C Cho@ 01 1 a • &OVeft • COIakwbntr1" me 111a1N ExMbft C .7- c nY OF NIM AN n ANNM DWANDANI' STAFF R@ORT P=lW HURINO DAiB G'NOVB1 M 23> 2003 1 >t�r>trwt n43►er :, + � 4nar mow xwaa .D�•3r r+rlrt3•tr =v.�� e0aw t main aer A`al°cs� we N an vs wa aw waw R 4 R �OPCSED C -i PO+K l7.es aeras � � 1 Y � _ 0 t � ..awl .. _ — ..- _ _ 1 1 MIOp� .. —_ ..4ftw — — �7•Q _ •- _ / PROPOM C-8 ZISK I 23 r0 Ava MN�p'tir r �� Sw OWSr RD ; i � � NO 10e0l90�r • s + N00M03tD ;-+S ?pKp�y1�� 1¢00 Alit i ' i VO +4100ptf = � i Q7UIE4i C-0 DOK .�. i g is 34 um.4 7w »A f 1>l144r�wwu"'reo.o l+3s - Cup* u w Melt ! :tw- toom 4A4a s WA 0100 wa C."m ' CAWt iaN4n+ eaply0 raCMOW7' Ci *UAC ANK NtrM' S.i•. ww "t" isf21!0>704K 30{03l.lS'sX1013 y7 4000 70000 ZrwK• (/0'1.•00"! to., 00•+SO-000' S0•S+ �,io, �u '.G a0 33050 73•Abf' 114'1.'001 +30 D7: tlla0173100dpe- fenY3�•t +113s C4 •ifffi MOD 307x30- n0Y30'.0-w 1573? j.. CU • 57).73 136040 S`3 36 5.403 b0000 i'3!•S6- nf977rw Sq.11 h3 1248001 1000 p s.tM'p�'" :+•i3'N �?Y !aF :: rb •42..00 1f08G0 lr4'14• to7.'21'ra .1.11 Cid •ea leooc n>OY OWN r tp..r cis :e : 1ti70 23044011'?f14' v' s�yZfi'c fSxy `•• VOLTERRA SUBDIVISION o�uadrant Poloft= MOO PTr C3' fEAMAN 400 :0'�tr st6 air. 1 -.►S R-lw 'SCr:E PPL�t" s a l JATC a •7i� :SiS- t 4.�E,•:D06 *qrl Consulting. Inc. rOANC IS*- & CKftAD Alai _e►w. lows, .00 8 w + t40�wr0 OwMwlwcaa+w+e^-, a oku wl mow xwaa .D�•3r r+rlrt3•tr =v.�� EXHIBIT D-1 LEGAL DESCRIPTION OF EXISTING C -G ZONE (SEE ATTACHED) 4816-1925-2495.3 June 21. 2W5 . .�::.71 Mt ♦fes" A pa of of fend WON In pie NE K of Ow HE X of S@dJoa 3+4 uW Ow SE X of Vu SE %of 8edgan 27, T. 4N.. R. tW.. &fA, AdM f2okt *. ftldho, mora pSniidtalf * d@wObad ad fbu&avt: Camwwwa of ft aww cannon to $oo* to 2d, 314 wd fans ww Seatwo 213 3d. taxa wbbh so $4 0010r canntan to UH SW Aona27 WW 34 boast mom W65W WaA 2664.57 f K Bald pond boko to HEAL POW CW MSINWM- Thellos aaMi 11na t�f1s NE Sti said Sei�01134i SaWh tJ 53'1S" woaL "DAD bet Thmee NcM WOSW WeeL 392.73 feet b a poWd auvw. w. Th"ce 700.03 feetabM as am of s ourv* to #a dplrc, acid dove h>adro a mdue of SOOM fast. a deft ar4o W BO'1 IC and a IM dmd bowbg Narfh 44`01'01" Wed, 7011.16 fest fav a paint of 4w4aaw. Thence Nash 01 T4W EaaR 421 bet b a p * t ae riw north bw of aMd NE Va of Seddon 34; Thbnas OwftuUw Korb 01 V4W GaA 400.73 fart b a polM of ar yams, Thum 82MO fest ak*V the at ars awe b Ow ftK wo cows hovin0 a nedus of 4WM faft a delta wt& of OQ ir"O, sad s long dwrd basrin4 Nad14B'4rW Est. 502.00 Feat fb • A*d cf ft* w ThWM South 8Q'38 r Stat. 4OL14 !feet b a pdblt ca tho seat *w of the BE 14 of •aid Sedbn 2T; Thsnow aloft said sot Ins Swlh 00'21'4x' Wook 006.44 fast b fano PON , of wO0N110115. Oaniab a 50.10 some. Mwe w hm. 4816-1925-2485.3 EXHIBIT E PHOTOS AND RENDERINGS (SEE ATTACHED) 4816-1925-2485.3 AND A LONG CHORD BEARING N 10°24'01" W A DISTANCE OF 128.34 FEET TO A 5/8 INCH DIAME'T'ER IRON PIN; THENCE N 1003'32" E A DISTANCE OF 588.00 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 163.78 FEET ALONG THE ARC OF A 307.00 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 30°34101" AND A LONG CHORD BEARING N 1401328" W A DISTANCE OF 161.85 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 88056'28" E A DISTANCE OF 434.84 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 0°49'13" W A DISTANCE OF 112.27 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 89°15'21" E A DISTANCE OF 622.75 FEET TO A 5/8 INCH DIAMETER IRON PIN ON THE WESTERLY RIGHT-OF-WAY OF N. TEN MULE RD; THENCE S 0021'14" W ALONG SAID RIGHT-OF-WAY BEING 46.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE'A A DISTANCE OF 867.98 FEET TO A 518 INCH DIAMETER IRON PIN; THENCE S 7°11'51" W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 100.72 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 002114" W ALONG SAID RIGHT-OF-WAY BEING 58.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE KA DISTANCE OF 84.76 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 33°15'26" W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 57.62 FEET TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 26.17 ACRES (1,139,781 SQUARE FEET). ERROR OF CLOSURE: ERROR NORTH: 0.00246 ERROR EAST: -0.00014 PRECISION: 1:1,756,556.00 4816 -MS -2485.3 EXHIBIT G PROPERTY BOUNDARY ADJUSTMENT PBA -08-013 (SEE ATTACHED) W �D V) Z W x V) a W Z P � a_ 0 Is _-02 . N 3 0 4 z LL i xQ z� 3 Z h 0 N 0 Q zAt 00 U Q N g W O 00 W 0 0 N W Z F- O W OC OW -w4W t=- v' O CO N 3 I �++w-- .�sruow - ------------ - M's- — ------ A 1 � , 1 1 1 � �3$7RiA' li �bJ���a ok mi a ll 1 'I '', y Y L 4 1 � P3, R I Ilya �++w-- .�sruow - ------------ - M's- — ------ A 1 � , 1 1 1 � �3$7RiA' li �bJ���a ok mi a ll 1 '', y Y L 4 1 � R I Ilya 1 � ills1 N _moi M A b&11191 : Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution No. A Resolution of the Mayor and City Council of the City Meridian Amend the Future Land Use Map of the 2002 Comprehensive Plan by Replacing the Public/Quasi-Public Designation with a New Civic Designation; Changing the Future Land Use Designations for Current and Former Churches and Hospitals that are Designated Public/Quasi-Public; Adding New Symbols to the Legend for Future Facilities (i.e., Schools, Parks, Fire Stations, Transit Stations); Incorporating the Land Use Designations of the Ten Mile Interchange Specific Area Plan; Removing the Water and Sewer Line Designations; Updating the Roadways Designated as Entry Way Corridors; and Removing the Roadway Classifications by City of KAgwirlInn Plartninn .18Lyadman� f— nnrl Pra%fit "a.rip F: ar-ti%1= nrl+c MEETING NOTES .5'+ regve r�e.c &ae d 40 vac 0+e- -finks tkxv) vu-&Ve-A o+e `1'hc 7+em trio . Wo s Ce-P+o �I-i e I�-lay ov- r1o+e A oqe�cick. . Wv e f\ � agexnda w c%,S 0'aop.4ed 3. 4ocq i on a tepka %+ and cLssrcl hcd "LS 1 ke-m "-40. S t4*, . —T"11 `S wc%S n o � I. ct d OLS 5 -- - CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: Mai Meridian City Council Meeting 26.2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution No. A Resolution of the Mayor and the City Council of the City of Meridian to Amend the Text of the City of Meridian Comprehensive Plan to Integrate Text Changes Associated with the Concurrent Map Amendment and Adding Text to Clarify and Define Fire Station and School Sites; to Update Old Text in the Recreation and Park Section of the Plan (Chapter VI and VII) and Incorporate Language Regarding the East 3rd Street Alignment as Recommended by the Meridian Planning Department; and Providing an Effective Date. I �1 MEETING NOTES G� re-gQcs-- --v \1acaA-c, �►^�5 t��.nn \4aco,�td `T� is was r�o+" e a aS -- 53, b% -A due. A-0 e v-rov oh -Vrev\pvS 4e.rrN t -r- Lc')d1-s -S s t9` n -=* CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: Mal Meridien City Council Meeting 26.2010 ITEM NUMBER: PROJECT NUMBER: 5) ITEM TITLE: Resolution No. - rl a A Resolution Of The Mayor And City Council Acknowledging Payment Of The Proportionate Share Of The Reimbursement Agreement For The Property As Identified By Exhibit "A" And Acknowledging That The Applicant For This Parcel Has Satisfied All The Conditions Of The Accompanying Development Agreement For The Foregoing Property And Providing An Effective Date MEETING NOTES CA t,404e : "Ti,,S Ae-M wag n o+%(ed as 51e, , -D\jc +o er V-0Y-5o,n -j ,r ev.o�s a rk s f4-- was V-,ec's s, 9 n fcj 5) CLERKS OFFICE FINAL ACTON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. �0-7a5 BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL ACKNOWLEDGING PAYMENT OF THE PROPORTIONATE SHARE OF THE REIMBURSEMENT AGREEMENT FOR THE PROPERTY AS IDENTIFIED BY EXHIBIT "A" AND ACKNOWLEDGING THAT THE APPLICANT FOR THIS PARCEL HAS SATISFIED ALL THE CONDITIONS OF THE ACCOMPANYING DEVELOPMENT AGREEMENT FOR THE FOREGOING PROPERTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian entered into a Development Agreement (Instrument #106151232) for the property known as Bearwood, and said Development Agreement includes the parcel now identified as Five Twelve Subdivision (the "Subdivision"); and WHEREAS, the City Council approved a Cooperative Construction and Reimbursement Agreement for a 27 inch Sanitary Sewer Trunkline from Linder Road to Stoddard Road as evidenced by Instrument #108124038; and WHEREAS, the Subdivision is subject to the terms and conditions of reimbursement under the Cooperative Construction and Reimbursement Agreement, and the Applicant (defined below) was directed by the staff report to satisfy the condition of payment for its proportionate share of the sanitary sewer trunkline; and WHEREAS, the City Council approved the final plat for the Subdivision on March 23, 2010; and WHEREAS, on May 5, 2010, Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints (the "Applicant") paid its proportionate share of the trunkline in the amount of $19,331.00 and otherwise satisfied its obligations under the Development Agreement and the Cooperative Construction and Reimbursement Agreement; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Applicant has complied with the requirements of the staff report and has satisfied all of the outstanding conditions in the Development Agreement and the Cooperative Construction and Reimbursement Agreement as it pertains to the Subdivision Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PAGE 1 OF 2 4879-7FR1_1574 1 N O - O Z = oa o —� r. o Z a 4 d as .O W O O p O N � o wg 1—= o� �o�o o— V W r C y ac 92 la- 4LD COWLL. as Q Cc g= cc ADOPTED by the City Council of the City of Meridian, Idaho, thisat day of 12010. APROVED b the Mayor of the City of Meridian, Idaho, this l�Y y of 7Y Y 2010. APPROVED: `,,,,,,,Mayor Ta de Weerd ATTEST: OF MRO/�9�%�'�, By: rFo Jaycee H an, City Clerk SEAL eovN-f PAGE 2 OF 2 4R79-7(R1_Z574 1 Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Amended Onto the Agenda: Short Term Lease Agreement with Boise Presbytery Management Committee and Meridian Parks and Recreation Department for the Property Located at 201 W. Ustick Road MEETING NOTES CLERKS OFFICE FINAL AC77ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CON t n AAS- DYtq th a \ +o V SHORT TERM LEASE AGREEMENT BETWEEN BOISE PRESBYTERY PROPERTY MANAGEMENT COMMITTEE AND MERIDIAN PARKS & RECREATION DEPARTMENT This SHORT TERM LEASE AGREEMENT, between Boise Presbytery Property Management Committee, (hereinafter "Owner"), and the Meridian Parks and Recreation Department. by and through the City of Meridian. (hereinafter "User"), relating to the following facilities located at 201 W Ustick, Meridian, ID 83646: One classroom entry bathrooms and associated parking„( hereinafter "Facilities"), shall be effective on June 1, 2010. Owner grants User permission to use such Facilities for the following purpose: Mommy and Me Classes. tau hg_t by Sheri Do kle; on the following dates and times: June 1 through July 22.2010: Mondays and Tuesdays only; 9:30 a.m. - 11:30 a.m.; at no cost and with no security deposit. Nothing herein shall give User the right to use the property for any other purpose or at any other date or time. Owner grants this permission upon these additional terms and conditions: I . User shall leave the facilities in a clean and orderly condition. Alterations are not allowed and User shall repair any damage arising out of the use of the facilities under this agreement. 2. User shall maintain property damage and liability insurance in the amounts set forth in User's Certificate of Insurance, attached hereto as Exhibit A. If Owner is named as a party to a lawsuit solely because of its relationship with User and not as a result of its own conduct, ICRMP will accept a tender of its defense. Such certificate shall not be modified or cancelled without 30 days notice to Boise Presbytery Property Management Committee. 3. Owner may terminate permission to use such facilities at anytime for good cause without obligation to User. 4. User shall observe and comply with all applicable local, city, county, state and federal laws, rules, ordinances and regulations relating to use of the facility. 5. This agreement shall not be assignable. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this %d 2010. ay Tammy deed, Mayor Date City of Mer ian 33 E. Broadway Meridian, ID 83642 los2os�33 T;A,dffiy R Morgan, Chairman Boise Presbytery Property Management Committee 201 W. Ustick Meridian, ID 83642 208-919-4623 SHORT TERM LEASE AGREEMENT - REFLECTIONS CHURCH A` TEV: Jaycee Holman City Clerk Date CRi rA��EAL "'q C%UNTY PAGE 1 OF 1 L EXHIBITA CERTIFICATE OF INSURANCE Issue Date: Wednesday, May 12, 20101:21:45 PM Agent for Public Entity. This certificate is issued as evidence of the insurance oovaage provided 3ames Fullinwider to the named Insuring PmtidpanL It does not amend, extend or alter AN American Insurance Inc the coverage afforded by the policies below. R does not extend PO Box 650 coverage beyond that permissbie by the Idaho Tort Claims Act (Title 6, Meridian ID 83680- Chapter 9, Idaho Code) -articipant: .. - - - Insuring Pool P PROGRAM AFFORDING COVERAGE: Qty of Meridian Idaho Counties Risk Management Program, Underwriters 33 East Broadway, Ste, 308 Meridian ID 83642 - This to certify that the policies of insurance listed below have been issued to the Insured named above for the policy period indicated, nsbaithstandirg any requirement, term or condition of any contract or other document with respect to which this certifcate may be issued or may pertain the insurance afforded by the pdides described herein Is subject to all the berms, exduslons and conditions of such policies. Urmils shown may have been reduced by paid claims. __.........._..,._._... ... ...... .._........................................_........ ..... ._ ..... Section Type of Insurance Policy Effective Expiration Deductible: Number -Coverage form Number Date Date $2,500 29AO2114100109 May 12, 2010 September 30, 2010 Limits I PROPERTY INSURANCE A. Buildings, Structures and Personal Property Amount Reported In Schedule of Values -OCCURRENCE FORM S. Automobile and Mobile Equipment Physical Damage and with lirnits condttons and exclusions C. Operational Disruption Expense D. Valuable Papers and Records For Claims For All Other Brought Pursuant Covered tD Title ,Ch.9, Liability Claims Idaho Code II COMPREHENSIVE A.General Liability Each Occurrence $500,05-0 $3,000,000 GENERAL B. Premises Medical Payments Each Person #5,000 IlstlW L�=vRRENCE FORM Each Accident $100,000 Each Occurrence $500,000 C. Law Enforcement !lability $3,000,000 III AUTOMOBILE LIABILTY A.Automobile Liability Each Occurrence $500,000 $3,000,000 E- Automobile Medical Payments Each Person $5,000 -OCCURRENCE FORM Each Accident $100,000 C. Uninsured Motorist Each Occurrence $500,000 IV ERRORS AND OMISSIONS ERRORS AND OMISSIONS LIABILITY Each Occurrence $500,000 $.3,000,000 Employee Medical Ins Benefit Liability V CRIM9INSURANCE A. Employee Dishonesty Each Occurrence $500,000 -OCCURRENCE FORM B. Money and Securities (within premises) (INCLUDES KMUC C. Morey and Securities (outside premises) OFFICIALS' D. Money Orders and Counterfeit Currency SURETY -IN -LIEU) E. Depositors Forgery VI BOILER AND MACHINERY A.Damaged Property Each Occurrence Varies Per Item -OCCURRENCE FORM B. Expediting Expenses Each Occurrence $2,500,000 C Bulsness Income and Extra Expense Each Occurrence Included D. Spoilage Damage Each Occurrence $0001000 E. Utility Interruption Each Occurrence $2,500,000 F. Newly Acquired Premises Each Occurrence $5,000,000 G. Ordinance or Law Each Occurrence $5,000,000 H. Errors and Omissions Each Occurrence $101000,000 General Aggregate $100,000,000 Dearlption of Operations/Locations/Vehicies/Restrictions/Special Items: Use of Facilities at Reflections Church Value: $0 As Respects for the above described tem. This certificate recognizes that there is coverage, both for property damage and liability arising out of the acts of the Insuring Pool Participant If the below listed Certificate Holder is named as a party to a lawsuit solely because of its relationship with the Inswing Pod Participant and not as a result of Its own conduct, ICRMP will accept a tender of its defense. The below listed Certificate Holder as Loss Payee as their interest may appear. Camelalion Certificate Holder: Lease/Loan #: Should any of ire above described policies be canceled betwe the explimlon dabs hereof, ilia issuing Program will mal %fth 30 days written notice to the cerllc-,aba hWw named to the lett, Boise Presbytery Property Management Committee but Failure to mal such notice shall impose no obligation or Ilabiity of cry Wd upon he Povan1 its a" or representatives. 201 W Ustick Authorizer) Representative Meridian ID 83642 ��.�pp __� V[J l 7 t .1!lT/iBJ1 ICRMP ON Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: 2010 City Scholarship Award Winners MEETING NOTES �rt� CQmbe�l A lyssa HO's H a U o YLi Sa,-A- -1 reSe-y\+CA CLERKS OFFICE FINAL ACTION DATE•' E-MMLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Recognition of a Hometown Hero MEETING NOTES pe C"qn \ zA Y\ettq Lk"c CLERKS OFFICE FINAL ACTION DATE, E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Discussion with Valley Regional Transit (VRT): Bus Service Option for Fiscal Year 2011 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Valley Regional Transit RECEIVED Fiscal Year 2011 Budget Development MAY L Nampa Urbanized Area Bus Service Scenarios CITY OFCMFRQ o' - CITY CLERKS OFFICE_ Background In 2003, the Nampa urbanized area (UZA), comprised of Nampa, Caldwell and a portion of Middleton, was designated a small urban region by the U.S. Census Bureau for the purpose of allocating federal funding for transportation projects. Valley Regional Transit (VRT), the regional public transportation authority for Ada and Canyon counties, became the designated recipient of federal transit formula dollars under the Section 5307 program administered by the Federal Transit Administration. Transit services in the Nampa UZA currently includes local fixed -route, ADA paratransit services in Nampa and Caldwell, and inter -county limited stop services in Caldwell, Nampa, Meridian, Star, Middleton, and Eagle. One inter -county bus route provides service between the College of Western Idaho and Boise State University. In 2005, VRT issued a request for proposal (RFP) to procure a service provider for the local fixed -route and inter -county services operated in the Nampa UZA system. Prior to this time, the services were provided by a not-for-profit rural public transportation operator. Federal regulations required the public recipient to competitively procure service contracts to achieve the "best value" cost for the services. The contract was proposed as a "turnkey" hourly reimbursement for services, with a length of three years fixed and two possible one-year extensions. The buses were procured through a leasing company because there was not enough federal or local funding to buy new vehicles and maintain the level of services provided in the Nampa UZA. The system operates today under the brand ValleyRide. In 2009, VRT completed an evaluation to determine what type of operating contract would be best for the Boise and Nampa UZAs. The VRT Board adopted a policy to operate the transit services in both the Boise and Nampa UZA under a transit management seivices-contract through a subsidiary corporation. This is different from the existing "turnkey" contract in the Nampa UZA in that VRT will be responsible for providing an annual budget and scope of work to the management contractor. All expenses are reimbursed on a pass-through basis. The employees are all private sector under a subsidiary corporation of the management firm. This allows for a more active role for the authority to oversee the financial management of the services. The contract for the existing "turnkey" provider expired February 28, 2010. VRT staff negotiated an extension to allow for time to complete the procurement process and complete the necessary procurements to lease a maintenance facility and the equipment needed to operate and maintain the vehicles. Through the negotiation of the contract, staff had the budget reviewed by a third -party transit consultant. The consultant determined that the cost to operate the Nampa UZA system could be as much as 25 percent more than the existing budget. The existing contractor indicated they lost money throughout the term of the contract, even with budget adjustments to account for fluctuations in fuel costs. August Conduct final budget hearing and adopt the FY 2011 budget Service Scenarios The service scenarios represent a "bookend" approach based on the constituents being served. On one end of the spectrum is an emphasis on serving the most needy and transit dependent populations, with a focus on providing lifeline service coverage to the most transit dependent (elderly, disabled, and low-income). The other bookend is an emphasis on commute peak -hour transportation services. The scenarios in between these two extremes emphasize one constituency, but services are developed to fill the gap for the other constituency to the extent that revenue allows. Each scenario will outline the target constituency being served, the gaps that are created to the other constituencies, and the supplementary services that can be considered to make up some of the service gaps. The proposed service scenarios are being developed to provide a planning framework and to allow for adjustments as priorities are assessed and data and input are analyzed. It is important to note that the Nampa UZA as it exists today is already providing a very limited transportation service. Any cuts in service have to be evaluated against the effectiveness of the transit system overall. In other words, it is important that we balance the level of service against the potential return on the public investment. Local "Lifeline" This scenario represents the most extreme level of revenue reduction. The base service would be a limited hourly fixed -route service in Nampa or Caldwell. Services to the most transit dependent in Nampa, Caldwell, and Meridian would be achieved through a demand responsive (Dial -A -Ride) type service that would be made available to those most in need through application and availability. Depending on the level of funding, there may be limited transportation services to particular activity centers like senior centers, medical facilities, and other human services. Gaps in services to commuters would have to be filled by Rideshare services such as carpool matches. Local Fixed-Route/Limited Commuter Services This scenario assumes full -funding of the existing fixed -route and paratransit services in the Nampa UZA service area. The commuter services would be served by very limited commuter express services as determined by the most active trips in the existing system and additional vanpool services as funding allows. Commuter Focus/Limited Fixed -Route Services This scenario assumes full funding of the existing commuter services in most of the jurisdictions. Limited local services would operate in either a fixed -route, flex -route mode, or as a demand response type of service at a level that the available funding allows. Commuter This scenario assumes the most extreme level of service reduction as the local "lifeline" service scenario. The difference would be that peak -hour commuters would be the primary constituency 3 M (O O (O m O r r O< N aO h M at <} M (O M M N M N (- (O N 00 0 (O h m w O N O O m N (O (O N (O M (M O N N (O M O I9 N O W V' M N f9 E9 6s (9 EA EA 0 E9 E9 N I, O O O :0 �Eti fA�� E9 fAN E:i »E»� E m R FAM A N FAClli h EA M 603,w Eri w E9 N N 7 a0 h M N u) (0 O V O N O co m M N � O N O M t0 O m M <3 N V W coK LO r m co co n ;._ EA N E9 fA E9 EA f9 N_ O h cn ,0 t fA EA EA e � (O C N d' M (� C14 < to w U = R N M M a N E9 EA E9 E9 N, z Q o a O a O p E9 O N O (D 0) U') c" pj O (`D y C NM 60 O m 40 H Z M m (O (O M (O M 0 0 7 0 1- In r W W O W O O m N IZ N M It r- N N N O N 1� V (0 f� m rn T N 3 N N M O P,:(O (0 N 7 M N E9 W N h 69 E9 EA h N fA N U> EA _ O V3 fA E9 (9 E9 E9 h m :C N E9 EA Ui E9 E9 fA h FAN <� f9 EA E9 m fA N<9 3 Q M 0 0 0 0 0 N [I O O (O m m m I- O n O N m (O M M m m of M m O O M 7 O n m m m m aD aO O O V N P-: LL) O (O N t0 O O I- N N N w r w O r O M O O I, V N 0) m (0 V (0 I- w Di N EA 0 EA EA f0 m EA 6% E9 E9 EA 6% m O O M E9 69 N EA E9O_ EA70" M 004 p H FA E9 V _N h E9 Cl) w N f9 0 N ul E9 N3 E9 E9 W m N CC) (NO I� M N O M W coN((j e} .- (D O m N O N l0 l0 OD (O (O N M U EA E9 O � Ui O d d 4C O m O at O 1p m0 c OD ( N E EA 69 N w A z Q m � v O M N ur (601 (ri '.::. o 6, w 69 m Nr 0 0 0 LO O O O r O n m m (O m I, m 0 I� r O (O m V) co toO O O (D m t0 M I� V O m (O O (O T N M m (1 c O V M r- m N O m m w 0 r 0 N m f- W N m M m 7 (0 ,- fD M (O h y O O N (O N 7 I9 (n 7 M N r,:EA (9 EA E9 EA EA E9 E9 6g V OD h Di O NEA E9 N 1- fl VY C4 EA EA EAh C4 fA Esi E9 E9 69 C9 T- to Q <tA fA E9 of N c O m _ 4k C O _ U U Sr - 0 E o _N N ;k T) U U 6) p 0 C Y r m w Ms (°i� (1c) m 2:- Ela =oro c m _ _ 6) C N 6) O O) CO C 6) Q) = () U B N U 3 m m o N@ N N t CO 0 c 6s v ami T I6 N 3 61 },6, (6 (6 O O m E w U O) E C m O 'o in mwY�cnc7 aUC���zz°aa� mQ,0 ma U 6) U O O O O O O z T T 0 0 0 6 0 0 0 0 0 n U) 6) = N T T T T T T C C C T T T T T T T T E Z! ,.�.. m QQmUUUUUUU�i- UUUUUUUC.JUUU' z -- F- Meridian City Council Meefing DATE: May 26, 2010 ITEM NUMBER: 7 ITEM TITLE: Items Moved From Consent PROJECT NUMBER: MEETING NOTES CLERKS OFFICE FINAL ACTION DATE. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Mayor's Department: Mayor's Youth Advisory Council (MYAC) Update EI \ NlAn.,' MEETING NOTES CLERICS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -in Access Point at the 1/4 Mile to State Highway 69 / Meridian Road Request to Continue to July 06, 2010 MEETING NOTES -�o --o `7/(o f p Coy4Iv-%veG CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS L a5,x-Ao,e, Ao `7 Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridign Road, South of Hams Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L- O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72)and C -G (General Retail and Service Commercial) (33.47 acres) Zoning Districts Request to Continue to July 06, 2010 MEETING NOTES �e -6 Corm- \Vl�o e -c 710 10 eon, n \), e -A CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS %n A La Gw 1 "f0 Meridian City Council Meeting DATE: May 26, 2010 1ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from April 27, 2010: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres From RUT in Ada County to the M -E (Mixed Employment) District MEETING NOTES C I -DE kt ra 0-� 6y-) cc CLERKS OFFICE FINAL ACTION DATE: E -MAULED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from April 27,2010: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres From the R-8 Zoning District to the C- C Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 1 ITEM NUMBER: 9E PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from April 27, 2010: CPA 09-010 Sovthridge West Commercial by Cabra Creek, LLC Located at the Northeast Comer of S. Ten Mile Road and W. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 60.74 Acres of Land From Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE,' E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9F PROJECT NUMBER: ITEM TITLE: Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter- day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. # 1061511232) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS m p di. LaScx�ic h e -60 i Meridien City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9G PROJECT NUMBER: ITEM TITLE: Public Hearing: TE 10-015 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Request to Continue to June 1, 2010 MEETING NOTES Cori k k vwe- 4,o (o� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS t.. O\je- "Y\ (0 1 ((D Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9H PROJECT NUMBER: ITEM TITLE: MFP 10-003 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of N. Towerbridge Way, Approximately 1/4 Mile West of Linder Road: Request for Approval to Modify the Approved Final Plat to Allow Multiple Development Phases (3) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE•' E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridien City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 91 PROJECT NUMBER: ITEM TITLE: Continued from April 27, 2010: FP 10-003 Bridgetower Crossing Subdivision No. 17 by Primeland Investment, LLC Located 1/4 Mile West of N. Linder Road and 1/4 North of W. Ustick Road: Request for Final Plat Approval for 3 Residential Building Lots on Approximately 1 Acre in an R-4 Zoning District Group Applicant Requests to Withdraw Application MEETING NOTES �-pp��can-� reg vel, -l --s 4-o L o.. -Y td racA app►► ca4-►ot-1 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ��jea Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9J PROJECT NUMBER: ITEM TITLE: Public Hearing: VAC 10-002 Bridgetower Crossing Subdivision Nos. 11 & 12 by Primeland Investment Group, LLP Located Southwest Corner of W. McMillan Road & N. Linder Road: Request to Vacate the Public Utility, Irrigation and Drainage Easements on the Interior Lot Lines of Lots 43-45, Block 32 and Lots 15-17, Block 36; AND Vacate a Portion of the Public Domestic Water and Sewer Easements on Lots 15-17, Block 36 Platted with Bridgetower Crossing Subdivision Nos. 11 & 12 MEETING NOTES . CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9K PROJECT NUMBER: ITEM TITLE: Public Hearing: Land Trade - Proposed Exchange of Real Property Located at 213 and 215 E. Franklin Road. Proposed Transaction Would Exchange Deeds as Part of a Boundary Line Adjustment in Order to Include the Pool Building, Sidewalk, and Snow - Cone Shack on the Parcel Owned by Western Ada Recreation District, Parcel No. 110021878. MEETING NOTES n CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE May 26, 2010 ITEM # 9K PROJECT NUMBER PROJECT NAME Land Trade - Exchange of Real Property with WARD PLEASE PRINT NAME ECE MAY 2 6 2010 FOR I AGAINST I NEUTRALI ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12 BOISE IDAHO 06/18110 12:24 PM DEPUTY Gail Garrett i RECORDED -REQUEST OF I�I I'll'll�ll'I�'II'll'II�I'I" I Meridian City 110056527 REAL ESTATE EXCHANGE AGREEMENT THIS Agreement is entered into for the purposes stated herein, this a (D _4:�A day of May, 2010, by the Western Ada Recreation District ("WARD"), and the City of Meridian City ("CITY"), collectively referred to herein as " the parties." WHEREAS, WARD owns or controls certain real property located in Ada County, Idaho more particularly described as Parcel A in Exhibit A; and, WHEREAS, CITY owns certain real property located in Ada County, Idaho more particularly described as Parcel B in Exhibit B; and, WHEREAS, the parties desire to enter into this real property exchange agreement whereby WARD will convey Parcel A to CITY in exchange for CITY conveying Parcel B to WARD. WHEREAS, CITY desires to own Parcel A so that the entire parking lot is in the ownership of CITY, and WARD desires to own Parcel B so that the entire pool building and sidewalk are on property owned by WARD; and, WHEREAS, a Property Boundary Adjustment application regarding Parcel A and Parcel B has been approved by the City of Meridian; and, WHEREAS, after the parcels have been exchanged, the ownerships of the parties will be as depicted on Ada County Record of Survey No. 8737, a copy of which is attached hereto for illustrative purposes as Exhibit "C"; and, WHEREAS, the City Council of the City of Meridian has declared that there is no value assigned to either Parcel A or Parcel B for purposes of this exchange agreement and that CITY will benefit from the boundary line adjustment because all WARD operations will now be contained on property owned by WARD; and, WHEREAS, WARD intends to execute a sanitary sewer and water line easement for the portion of the CITY sewer and water lines that will be located on WARD property after its deed is recorded, and CITY intends to execute a cross access and cross parking easement to allow WARD patrons to access the community pool and park vehicles in the adjacent lot owned by CITY. NOW, THEREFORE, in return for good and valuable consideration, including the agreement set forth herein and the parties' proceeding to the closing of the property exchange contemplated hereby (the "CloshW ), the receipt and sufficiency of such consideration being hereby acknowledged, the parties do hereby enter into this Agreement and the terms and conditions set forth below. REAL ESTATE EXCHANGE AGREEMENT - 1 - 1. IDENTIFICATION OF EXCHANGE PARCELS. The parcel that WARD intends to exchange to City under the terms of this agreement is legally described as Parcel "A" on Exhibit "A" attached hereto and incorporated herein. The parcel that CITY intends to exchange to WARD under the terms of this Agreement is legally described as Parcel `B" on Exhibit `B" attached hereto and incorporated herein. 2. "AS -IS" SALE. The parcels are sold "as -is." 3. EXECUTION OF AGREEMENT. WARD acknowledges that this agreement will be executed by WARD before CITY executes the agreement and that the execution of the agreement by the CITY is contingent upon ratification of the terms and conditions of this agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this agreement on behalf of the CITY. 4. TITLE COMPANY /TITLE INSURANCE. A) The parties agree that Lawyers Title Company of the Treasure Valley shall provide any requested title policy and preliminary report of commitment. B) WARD agrees to pay for standard coverage owner's title insurance policy on the parcel to be received by CITY under the terms of this Agreement. The Title Company will provide a preliminary Title Report as soon as possible after execution of this agreement. Any party requesting and reviewing a preliminary Title Report shall have five (5) days after receipt of the Report to object in writing to the condition of the title as set forth in the report, unless said time period is extended pursuant to this Agreement. In the event that a party makes written objection to the title, the other party shall have a reasonable time to cure any defects of title. In the event the other party cannot cure said defects, the objecting party may elect, as its sole remedy, to either (i) REAL ESTATE EXCHANGE AGREEMENT - 2 - terminate this Agreement, (ii) cure the defects at the objecting party's expense, or (iii) proceed to closing, taking title subject to such defects. If the parties do not so object, the parties shall be deemed to have accepted the condition of the title. S. CLOSING DATE AND TITLE CONVEYANCE A) Closing shall occur on the date on which the deeds to all properties are recorded in satisfaction of the requirements of this Agreement. B) Title to the properties identified under this agreement shall be conveyed by Warranty Deed and shall be marketable and insurable with the exception of any other liens, encumbrances or defects allowed herein or otherwise approved by the receiving party. C) The deeds shall substantially conform to the sample deed set forth in Exhibit "D" attached hereto and incorporated herein. D) When WARD is satisfied with the state of title to the parcel that it is receiving under this agreement and is ready to proceed to Closing, WARD shall deliver its Deed to City with a written instruction to record the deed when City is satisfied with the state of title to the parcel that it is receiving under this agreement and is ready to proceed to closing. City shall record the deeds concurrently and shall only do so after the requirements of this clause have been met. E) Immediately after Closing, WARD shall record a sanitary sewer and domestic water line easement in favor of CITY, the form and content of which have already been approved by the parties. F) Immediately after Closing, CITY shall record a cross access/cross parking REAL ESTATE EXCHANGE AGREEMENT - 3 - easement in favor of WARD, the form and content of which have already been approved by the parties. 6. POSSESSION. The parties shall be entitled to possession of their respective properties on the day of closing. 7. DEFAULT. In the event that a party does not perform in accordance with the terms and conditions of this agreement then the other party shall have any recourse under the law to enforce this contract. 8. ATTORNEY FEES. In the event of default by either of the parties in their performance of the terms or conditions of this agreement, the defaulting party agrees to pay all attorney fees and costs incurred by the non -defaulting party and in the event of suit the prevailing party shall be entitled to its reasonable attorney fees and costs. 9. CONDITION OF PROPERTY AT CLOSING/MAINTENANCE AFTER CLOSING. The parties shall maintain their respective properties until the closing in their present condition, ordinary wear and tear excepted. After Closing, each party shall be responsible for maintenance of the parcels that they receive under this Agreement. 10. REPRESENTATIONS AND WARRANTIES. Each party represents and warrants to the other regarding their respective properties: A. The party has received no notice from any governmental agency that the properties are in violation of any statute, law, ordinance, rule, regulation, or deed restriction affecting the Properties. B. The parties have good, marketable title to their respective parcels. At the time the deeds are placed into escrow, no other party shall have any right, title, or interest in the REAL ESTATE EXCHANGE AGREEMENT - 4 - subject property. C. There is no pending or threatened litigation or condemnation proceedings affecting the Properties and there are no governmental assessments or local improvement district assessments on the Properties nor are there any agreements to convey any portion of the Properties to any other party. D. Each party has disclosed to the other party the presence of all hazardous substances or storage tanks that the disclosing party is aware of on their respective properties. "Hazardous Substances" means any hazardous, dangerous or toxic substance (including petroleum products) as defined under federal, state and/or local law, including all regulations promulgated under such laws. 11. ENTIRE AGREEMENT. This Agreement, including any addendum or exhibits, constitutes the entire Agreement between the parties, and no warranties, including any warranty of habitability, agreements or representations have been made or shall be binding upon either party unless herein set forth. 12. TIME IS OF THE ESSENCE IN THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT. THE PARTIES EACH REPRESENT THAT THEY HAVE HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL REGARDING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE INSTRUMENTS REFERRED TO HEREIN. 13. SURVIVAL OF TERMS: All the terms and conditions hereof and all instruments referred to herein and contemplated hereby shall survive closing and the transfer of title and shall REAL ESTATE EXCHANGE AGREEMENT - 5 - remain in full force and effect in accordance with their terms. 14. BINDING ON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 15. IDAHO LAW: This Agreement shall be construed and governed in accordance with the laws of the State of Idaho. 16. HEADINGS: Headings preceding the text of the several Articles and Sections hereof, and the table of contents, are solely for convenience or reference and shall not constitute a part of this Agreement or affect its meaning, construction or effect. REAL ESTATE EXCHANGE AGREEMENT - 6 - IN WITNESS WHEREOF, the parties have executed and attested this Agreement as of the date and year first above written. WESTERN ADA RECREATION DISTRICT Walt Morrow, President Gary D. Smi , Secretary THE CITY OF MERIDIAN Tammy( , MAYOR ATTEST: ����� o aycee loolman, CITY C EAL 9 mob O ioT �S'� .�• 11111 REAL ESTATE EXCHANGE AGREEMENT - 7 - STATE OF IDAHO ) ss. County of Ada ) On this � day of , - / in the year 2010, before me, personally appeared Walt Morr w and Gary D. Smith, known or identified to me to be the President and Secretary, respectively, of the Western Ada Recreation District who executed said instrument on behalf of sem' ,dict, and acknowledged to me that the District executed the same. yCa* �,�1'•S NOTARY PUBLIC FOR IDAHO (SEAL) erg Residing at: ' o," Idaho j My Commission expires: 7 -2M.�.40 ,•��' STATE OF IDAHO ) ss. County of Ada ) On this 21n day of 1_-AaT , 2010, before me, a notary public in and for said state, personally appeared Tammy de Weerd and Jaycee L. Holman known to me to be the Mayor and City Clerk of Meridian City, Idaho, who executed the within instrument, and acknowledged to me that Meridian City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. O Notary Public for I aho Residing atMIdaho My commission expires: Jar, 14, aot� REAL ESTATE EXCHANGE AGREEMENT - 8 - EXHIBIT W TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (los) 365-0636 El Fax (208) 385-0696 Project No.: 3365 Date: January 21, 2010 DESCRIPTION OF COMMUNITY POOL EXCHANGE PARCEL FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on Record of Survey No. 6737 . on file under Instrument No. in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., B. M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Govemment Lot 1 South 00°40'03" West 381.70 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00040'03" West 32.54 feet to a point, marked by an iron pin; thence North 51 °52'37" West 51.93 feet to a point; thenpe along a line parallel with said North line of Section 18 North 89020'05" East 41.23 feet to the POINT OF BEGINNING. Said Parcel Contains 671 Sq. Ft., more or less. EXHIBIT 'B' TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 386-0636 ED - - Fax (208) 385-0696 Project No.: 3365 Date: January 21, 2010 DESCRIPTION OF STOREY PARK EXCHANGE PARCEL FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on Record of Survey No.A17:37 on file under Instrument No. l L a o & 1 RUP in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast comer of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 381.70 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 South 8902905" West 41.23 feet to the POINT OF BEGINNING; thence continuing South 89°20'05" West 318.57 feet to a point, merited by an iron pin; thence North 00040'03" East 11.43 feet to a point, marked by an iron pin; thence North 87°14'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the are of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing North 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 3805279" East 44.52 feet to a point, marked by an iron pin; thence South 51007'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51 °52'37" East 81.11 feet to the POINT OF BEGINNING. Said Parcel Contains 7,501 Sq. Ft., more or less. a 0 F EXHIBIT NCN AD son �a A s� tc is XD0'11) •• E 'nid 'IMS :i IlWd UONW4 N 1- !.t 101 � m101 C. Li: lU'1 i til 10'1 R ( L J �__--_.L�� 1 YO•VY01 A-60.O►.00S T_�--- J •• fit lit 0 P! •i� :} � � i�st I i�alf I----- $ #g##!'! fuse se 2 Z N f• I � n .' O O .t.iir� I c Ot 1 i S \ � ` � • yO1910 3 .60,OM.00 N _ �— C 1./..■.. • •iA NMI •6 '.. NNOWN v WSO W ~ A�_ � � �A g}C � sloes o COW U �a a 0 F EXHIBIT NCN AD son �a A s� tc is XD0'11) •• E 'nid 'IMS :i IlWd UONW4 N 1- !.t 101 � m101 C. Li: lU'1 i til 10'1 R ( L J �__--_.L�� 1 YO•VY01 A-60.O►.00S T_�--- J •• fit lit 0 P! •i� :} � � i�st I i�alf I----- $ #g##!'! fuse se 2 Z N f• I � n .' O O .t.iir� I c Ot 1 i S \ � ` � • yO1910 3 .60,OM.00 N _ �— C 1./..■.. • •iA NMI •6 '.. NNOWN v 0 30 60 120 SCALE IN FEET I" = 60' EXCHANGE PARCEL EXHIBIT FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.3N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO E. FRANKLIN ROAD 12 7S 89°20'05" W 2401.71' 13 18 1092.65' 0 Q! Z Q Ld q' N 89°20 W v a 41.21 L- I N 87-14-16"5 173.69' c' S 89°20'05" W 318.57' PARK P.O.B. NE COR, NORTH GOV. LOT 1 1/4 COR. 7 1309.06' 18 I iv i N I d' 5" E I, Im 10 j0 I d' to j o POOL X32.54' STOREY PARK EXCHANGE PARCEL N 51°52'37" W AREA = 7,501 Sq. Ft. 51.93' CURVE TABLE CURVE RADIUS DELTA ILENGTHI BEARING I CHORD C- 1 66.00' 48°21'47" 1 55.71' 1 N 63003'22" E 1 54.07' COMMUNITY POOL EXCHANGE PARCEL AREA = 671 Sq. Ft. v m ° o _ , Lr) TEALETS LAND SURVEYING 187 EAST 50th STREET GARDEN CITY. ID. 83714 3365-EXHIBITS.dwg 01-04-10 10:06:56 JWorgo 208-385-0636 LINE TABLE LINE BEARING LENGTH LI N 00 °40'03" E 11.43' L2 N 38°52'29" E 44.52' L3 S 51°07'31" E 19.67' L4 S 38°52'29" W 16.49' PARK P.O.B. NE COR, NORTH GOV. LOT 1 1/4 COR. 7 1309.06' 18 I iv i N I d' 5" E I, Im 10 j0 I d' to j o POOL X32.54' STOREY PARK EXCHANGE PARCEL N 51°52'37" W AREA = 7,501 Sq. Ft. 51.93' CURVE TABLE CURVE RADIUS DELTA ILENGTHI BEARING I CHORD C- 1 66.00' 48°21'47" 1 55.71' 1 N 63003'22" E 1 54.07' COMMUNITY POOL EXCHANGE PARCEL AREA = 671 Sq. Ft. v m ° o _ , Lr) TEALETS LAND SURVEYING 187 EAST 50th STREET GARDEN CITY. ID. 83714 3365-EXHIBITS.dwg 01-04-10 10:06:56 JWorgo 208-385-0636 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 BOISE IDAHO 06/18/10 12:24 PM DEPUTY Gail Garrett II I I) II I II II I I� I� I I II I' I I I) I'I I I II'll When Recorded Return To: RECORDED -REQUEST OF City Clerk Meridian City 110056530 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CROSS ACCESS PARKING EASEMENT AGREEMENT This Cross Access Parking Easement Agreement ("Agreement") is made effective this 00day of , 2010, by and between the Western Ada Recreation District ("District"), and The Cityof Meridian, and Idaho Municipal Corporation ("City"). District and City may be collectively referred to as the Parties. RECITALS: WHEREAS, District owns certain real property in Ada County, Idaho,- as legally described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Parcel A") and depicted on Exhibit C; and, WHEREAS, City is the owner of that certain property adjacent to the District Property in Ada County, Idaho as legally described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Parcel B") and depicted on Exhibit C; and, WHEREAS, the primary vehicular and pedestrian access to District's Parcel A is over and across City's Parcel B; and, WHEREAS, the Parties have determined that it would be mutually beneficial to allow the District to formalize the access to its site through this Agreement; and, WHEREAS, City agrees to grant to District a cross access easement for ingress and egress across its property under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. City, as grantor, hereby grants to District, its contractors, employees, agents, licensees and invitees, as grantee, a perpetual nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and vehicular parking upon, over, on, across and through the portion of Parcel B as legally described on Exhibit D and depicted on Exhibit E, incorporated herein by this reference and referred to herein as the "Cross Access Area". 2. Maintenance. City agrees to provide all routine maintenance of the drive aisle and parking lot improvements constructed on the Cross Access Area on an "as -needed" basis, said maintenance to include periodic sweeping, painting of lane and parking stripes, asphalt repair and replacement, and maintenance of all landscaping improvements. It is understood and agreed, however, that because City is a governmental entity, the terms of this Section 2 of this Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds. City reserves the right to terminate its CROSS ACCESS PARKING EASEMENT AGREEMENT -1 obligations under this Section 2 if, in its judgment, the performance of said obligations would violate Article VIII, Section 3 of the Idaho Constitution, as a result of City's governing body's failure, neglect or refusal to appropriate sufficient funds as may be required for said party to continue performance under this Section 2. Any such termination shall take effect on ten (10) days' prior written notice after which all future rights and liabilities of City under Section 2 of this Agreement shall cease. 3. Use of Easement. The easement granted hereby are for the purpose of allowing for the joint use of the access and parking facilities located on the Cross Access Area by the Parties, their contractors, employees, agents, licensees and invitees. The Parties agree to cooperate regarding the joint use of said parking facilities. 4. Binding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the successors, administrators, executors and assigns (if permitted) of all parties hereto and shall run with the land. 5. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 6. Indemnification. District agrees to indemnify, defend and hold City, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from District's use or use by its employees, licensees, agents, invitees, or representatives, of the Cross Access Area parcel pursuant to the easements granted hereby. 7. Insurance. District shall provide and maintain commercial general liability insurance covering its obligations under Article 6 and insuring it against claims for personal injury, bodily injury or death, and property damage or destruction. Such insurance shall be to a limit of not less than the minimum amounts as specified in the Idaho Tort Claims Act as set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless. & Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 9. Assignment. Neither party shall sell, transfer, nor assign its interest in this Agreement without the written consent of the other party, which other party is free to withhold for any reason. 10. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Access Easement Area which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes for special events or in connection with the construction, reconstruction, repair and maintenance of improvements. It being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the easement, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls. CROSS ACCESS PARKING EASEMENT AGREEMENT - 2 11. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: City: City of Meridian, c/o City Clerk 33 East Idaho Avenue Meridian, Idaho 83642 District: Western Ada Recreation District P.O. Box 566 Meridian, Idaho 83680 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. WESTERN ADA RECREATION DISTRICT: By��_ Walt Morrow, President By- L!:�, VJ.-et'- Gary D. Smi , Secretary CITY OF MERIDIAN: By Tammy DeWplopil, Mayor ,of„M- 4.1,- Z-4LMe-�� 'ok, ee Holman, City Clerk BEAL cp9 : O T1 CROSS ACCESS PARKING EASEMENT AGREEMENT - 3 STATE OF IDAHO ) ) ss. County of Ada ) On the% day of Pf1 , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Walt Morrow and Gary D. Smith, known or identified to me to be the President and Secretary of the Western Ada Recreation District, respectively, who executed the within and foregoing instrument on behalf of said District, and acknowledged to me that said District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and y written. •••, •, + Q yJ: STATE OF IDAHO ) ) ss. County of Ada ) Notary Public for: Residing at: /70iu LO My commission expires: -7--7-6-12 On --7-6---/z On this a(v", day of_!�J , in the year 2010, before me, a Notary Public in and for the State of Idaho, personally appeared Tammy De Weerd and Jaycee L. Holman known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively who executed the instrument on behalf of said municipal corporation , and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 000000 ••'SsICA.Jo•, . 5 -gyp T4��,��� No y Public for: ; Residing at: ihur,,a Iclab.n My commission expires: • .fames*. CROSS ACCESS PARKING EASEMENT AGREEMENT - 4 Project No.: 3365 Date: January 21, 2010 EXHIBIT A (Legal Description of WARD Pool Site) TEALEY'S LAND 187 E. 50th Street . Garden City, Idaho 83714 SURVEYING (los) 385-0636 Fax (208) 385-0696 DESCRIPTION OF PARCEL A FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on the Record of Survey No. -8'1 q , on file under Instrument No. 1 100 x.18 i in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence North 52017'11" West 450.67 feet to a point, marked by an iron pin; thence North 00040'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48"21'47", and a long chord bearing North 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38052'29" East 44.52 feet to a point, marked by an iron pin; thence South 51 °07'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51 °52'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 1.31 Acres, more or less. � 4 V�f•.i� -w C /w 4RL7. f1,) � kr?OT CROSS ACCESS PARKING EASEMENT AGREEMENT - 5 EXHIBIT B (Legal Description for Storey Park Site) TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 91 Fax (208) 385-0696 Project No.: 3365 Date: January 27, 2010 DESCRIPTION OF PARCEL B FOR CITY OF MERIDIAN A parcel of land, as shown on the Record of Survey No._, on file under Instrument No. I i OD aLt 978- in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 comer of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence South 00640'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING, marked by an iron pin; thence along said Westerly line South 00°40'03" West 234.91 feet to the Southwest comer of Lot 28 of Block 2 of said Honor Park Subdivision No. 3, marked by a lead plug and tack; thence along the Southerly line of said Honor Park Subdivision No. 3 North 89031'22" East 622.00 feet to the Southeast corner of Lot 26 of Block 2 of said Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said Honor Park Subdivision No. 3 South 00°40'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said North line and along the North line of Honor Park Subdivision No. 1, as filed for record in Book 65 of Plats at pages 6652 & 6653 in the Office of the Recorder for Ada County, Idaho South 89°31'22" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said Honor Park Subdivision No. 1, marked by an iron pin; thence along the East line of said Government Lot 1 North 00040'03" East 916.19 feet to a point, marked by an iron pin; thence North 51052'37" West 133.04 feet to a point, marked by an iron pin; thence North 38°52'29" East 16.49 feet to a point, marked by an iron pin; thence North 51007'31" West 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°14'16" West 173.69 feet to a point, marked by an iron pin; thence South 00040'03" West 11.43 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 CROSS ACCESS PARKING EASEMENT AGREEMENT - 6 TEALEY'S LAND SURVEYING 167E.50" Street GadenCity, Idsta83714•(208)385-0636 Project No.: 3365 Parcel B Description Page 2 of 2 South 89020'05" West 173.87 feet to a point on the East right-of-way line of South Main Street as shown on Record of Survey No. 8652 on file under Instrument No. 109110965 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East right-of-way line North 01016'04" East 295.61 feet to a point on said South right-of-way line of East Franklin Road, marked by an iron pin; thence along said South right-of-way line North 47012'39" East 46.45 feet to a point, marked by an iron pin; thence continuing North 89020'05" East 156.25 feet to a point, marked by an iron pin; thence continuing North 88°03'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING Said Parcel Contains 18.81 Acres, more or less. CROSS ACCESS PARKING EASEMENT AGREEMENT - 7 43,47 EXHIBIT C .. ...... !, a H __-- -- wm• AIRDNNu N. 0 a s ��� � �� $ ners�• '�7` � �-an' •rte• `--- a � tt$k i yr !p S ■ yaQ M FF p ¢ �!, � � y3 � !1 i■ -a_ S. NNI $T. Fp•n'N'f �_ � p oFeB� ! gfY.� R I��li ii 44 ■ � �V� yr e ��� � w � � � � ��� . �� A � ,,/ a�� alld e ; INSa44 ANN' m -- N 0040!09+ 6ri7� \ 5 04'40'0" Y� �� \�:•', Y9411 p 000 0 • Zv d ? is la i ro D I gS`Bil� n e T4 1715 rip p lit; �� gasP X. S; A $ p yc N1 a z r > a o • p A RI I '1 LOT 1. LOT 10LOT t7 I LOT :11 p T 1 N HONOR PARK HUB, No. A m I BLOCK 3 7 saw asnq Mom Hus 11--- p`f R i SFR I 11.1 A Cod m g o i s ►.� c n R�i7 t�7 p o jj 310 a $$tv>�{ z CROSS ACCESS PARKING EASEMENT AGREEMENT - 8 EXHIBIT D (Legal Description of Cross Access Parcel) TEALEY'R LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385.0636 51 - I Fax (208) 365-0696 Project. No.: 3385 Date: January 27, 2010 OF CROSS ACCESS EASEMENT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B. M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 comer of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South .89°20'05" West 1309.06 feet to the Northeast comer of Government Lot 1 of said Northwest 1/4 of Section 1.8; thence along the East line of said Government -Lot 1 South 00"40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said South right-of-way line South 88"03'42" West 9.90 feet to the POINT OF BEGINNING; thence South 00"50'34" West 96.29 feet to a point of curve; thence along the arc of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 3605424", and a long chord bearing South 19°17'45" West 53.81 feet to a point; thence South 37°44'57" West 58.49 feet to a point; thence South 52°15'29" East 79.23 feet to a point; thence South 63°51'27" East 99.22 feet to a point of curve; thence along the arc of a curve to the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64°29`33", and a long chord bearing South 31 °3640" East 48.02 feet to a point; thence South 00°38'06" West 260.43 feet to a point; thence North 89°41'47" West 107.61 feet to a point; thence North 00°38'57" East 210.91 feet to a point; thence North 51°52'3T' West 144.97 feet to a point, marked by an iron pin; thence North 38°52'29" East 16.49 feet to a point, marked by an Iron pin; thence North 51°07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38052'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the are of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87018113" West 173.68 feet to a point, marked by an iron pin; thence South 87°14'16" West 174.08 feet to a point on the East right-of-way line of South Main Street; thence along said East right-of-way line North 01 °16'04" East 34.86 feet to a point; thence North 87°00'43" East 339.85 feet to a point of curve; thence along the are of a curve to the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48038'40", and a long chord bearing North 62041'23" East 28.83 feet to a point; thence CROSS ACCESS PARKING EASEMENT AGREEMENT - 9 TEALEY'S LSD SURVEYING 187E.50fttlroKGordon C4,Idaho s37141208)385 -ossa Project No.: 3365 Cross Access Easement Description Page 2 of 2 North 38022'04" East 184.37 feet to a point of curve; thence along the arc of a curve to the left 29.48 feet, said curve having a radius of 45.00 feet, a central angle of 37032'02", and a long chord bearing North 19°3903" East 28.95 feet to a point; thence North 00°50'02" East 96.00 feet to a point on said South right-of-way line of East Franklin Road thence along said South right-of-way line North 88003'42" East 38.21 feet to the POINT OF BEGINNING. Said Parcel Contains 1.65 Acres, more or less. CROSS ACCESS PARKING EASEMENT AGREEMENT - 10 0 EXHIBIT E CROSS ACCESS EASEMENT EXHIBIT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.314- RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO 0 50 100 200 SCALE IN FEET V = 100' �$ BB•o3'a2• w E. FRANKLIN ROAD 12 17 89.20'05' W 2401.71_ _ _ ^S 1092.65' 19 1$ N 88.03'4 Q 66.00' 36.21' 55.71' S 63'03'22' W 54.07- z i 36'54'24' 54.75' S 19.17'45• W 53.81' O 45.00' 35.00' 64.29'33' 48'38'40' 1Y S 31.36'40" E N 62.41'23" E N 00.50'02" w � 45.00' 96.00' 29.48' N 19.36'03' E u I � L z I N S 38.59'29• W ry 44.52' 0 N 51'07'31 ' / 19.67' / i C-" N 8/7%00'43• E 339.85' 1 G74. ' 173.68 G S 87'14'16' W ----S 87'18'13'_W_------ I I j N 01.16'04" E OF �IIIZ7 AREA 71,965 IN RSgs FtACCESS (165 AGREES ENT 1�` A' CURVE TABLE \ CURVE RADIUS DELTA LENGTH BEARING CHORD \ 3365—LLA.dwg 01-27-10 14:21:27 JWargo NE COR. GOV. LOT I NORTH 1 1/4 COR, 7 1309.06' / 18 \S 00'40'03" W 47.44' S �$ BB•o3'a2• w 9.90' A S 00'50'34' W 96.29' S 37,•44'57' W -M& A.. C- 1 66.00' 48'21'47' 55.71' S 63'03'22' W 54.07- c- 2 85.00' 36'54'24' 54.75' S 19.17'45• W 53.81' C- 3 C- 4 45.00' 35.00' 64.29'33' 48'38'40' 50.65' 29.72' S 31.36'40" E N 62.41'23" E 48.02' 28.83' C- 5 45.00' 37.32'02' 29.48' N 19.36'03' E 1 28.95' 3365—LLA.dwg 01-27-10 14:21:27 JWargo NE COR. GOV. LOT I NORTH 1 1/4 COR, 7 1309.06' / 18 \S 00'40'03" W 47.44' S �$ BB•o3'a2• w 9.90' A S 00'50'34' W 96.29' S 37,•44'57' W -M& A.. 52'15'29' E 79.23' IN 14; N _O 1N 3 1 (� O ls1^ m do (Q N L7, N 89.41'47' W TEALETS LAND SURVEYING 187 EAST 501h STREET 0 ---s GARDEN CITY, ID. 83714 208-385-0636 - . a] CROSS ACCESS PARKING EASEMENT AGREEMENT -11 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO. City Clerk City of Meridian 33 East Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06118/10 12:24 PM DEPUTY Gail Garrett 'II I'll'II�II'II'IIIII�II'I"III'I �II RECORDED—REQUEST OF i 1Et0S659 Meridian City WARRANTY DEED (Space Above For Recorder's Use) For the valuable consideration, the receipt of which is hereby acknowledged, The Western Ada Recreation District ("Grantor"), conveys, grants and warrants to The City of Meridian, an Idaho Municipal Corporation, ("Grantee"), whose address is 33 East Broadway, Meridian, Idaho 83642 and its successors and assigns forever, the following described real property: See Exhibit "A" attached hereto and incorporated herein. SUBJECT TO any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. WARRANTY DEED -1 IN WITNESS WHEREOF, the Grantor has executed this instrument on this,77/ day of MAJ 2010. 411A f alt Morrow, President hAA44 r� Gary D. Smith, Secretary STATE OF IDAHO ) ss. County of 1 ) On this ;;�T day of 2010, before me ^ Atm, j,/, SA , personally appeared Walt Morrow anb Gary D. Smith, known or identified to me to be the President and Secretary, respectively, of the Western Ada Recreation District, who executed the within instrument on behalf of said District, and acknowledged to me that the 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. ate- 1AARg * .O� WARRANTY DEED - 2 �g 0SA NOTARY PUBLIC FOR IDAHO to = Residing at /3- s = My Commission Expires 7 Z 6-- /Z—_ Y� EXHIBIT "A" A parcel of land, as shown on Record of Survey No. t373? , on file under Instrument No. I I QQZ 13 r in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., RAE., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast comer of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 381.70 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 32.54 feet to a point, marked by an iron pin; thence North 51 052'37" West 51.93 feet to a point; thenge along a line parallel with said North line of Section 18 North 89020'05" East 41.23 feet to the POINT OF BEGINNING. Said Parcel Contains 671 Sq. Ft., more or less. WARRANTY DEED - 3 EXHIBIT A A parcel of land, as shown on Record of Survey No.R17;3, on file under Instrument No. I L O oa.i_€���3 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., RAE., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1 A comer of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 381.70 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 South 89020'05" West 41.23 feet to the POINT OF BEGINNING; thence continuing South 89020'05" West 318.57 feet to a point, marked by an iron pin; thence North 00040'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48921'47", and a long chord bearing North 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38°5229" East 44.52 feet to a point, marked by an iron pin; thence South 51007'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51 052'37" East 81.11 feet to the POINT OF BEGINNING. Said Parcel Contains 7,501 Sq. Ft., more or less. WARRANTY DEED - 3 Meridian City council June 2, 2009 Page 7 of 33 Zaremba: And eventually when we annex them they will comply. Johnson: Yeah. Then, they will have the -- once they get annexed, then, they will have water supply, which will actually be an improvement in our ability to protect out there. Zaremba: Thank you. Rountree: Any further questions? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we enter into an agreement with Diamond View Assisted Living for water/sewer hookup outside the city limits and for the president to sign and the clerk to attest. Zaremba: Second. Rountree: Its been moved and seconded to approve Item 6-8-1, the agreement with Diamond View Assisted Living. All those in favor. Opposed? Motion passes. MOTION CARRIED: ALL AYES. C. Parks Department: 1. Property Description for Western Ada Recreation Pool Site In Storey Park: Rountree: Next item on the agenda, Parks Department. Storey Park and Western Ada. Siddoway: Thank you, Mr. President. The Meridian Parks and Recreation Department has been approached by the Western Ada Recreation District regarding the pool site in Storey Park. You have a diagram in front of you on the screen. The yellow line depicts the current property line within which the Western Ada Recreation District owns -- has ownership. As you can see — let me see if this will work. That's all right. The line runs right through their existing building for the swimming pool and they are proposing that they would like to clean this situation up with a property line adjustment and quitclaim deeds. Mr. Gary Smith is here from Western Ada Recreation District and can speak more specifically if you have questions. At this point we are just looking for direction as to whether this is something we should pursue. There are still outstanding questions that need to be resolved. Because these properties were purchased through — with land and water conservation fund monies, we need to — I see a head shaking. Am I incorrect about that, Mr. Bind? Meridian City council June 2. 2009 Page 8 of 33 Rountree: Actually, LWC monies were spent for the construction of the pool and the park property, as well as the pool property, were donated by the dairy board. Hoaglun: Okay. Rountree: Now, just a point of clarification for those that are confused as to how this could happen, this is an example of how Meridian got to be Meridian, through cooperation and the spirit of needing something and just flat getting it done. This goes back to the early 70s and it's just a happenstance of the community needing a swimming pool and a place to have it and having benefactors in the community to make it happen. So, today when you do something in the park or at the pool, you do a survey to make sure things are square with the world and it just so happens there is a pool improvement being done and a new survey took place and low and behold they didn't quite match up. So, just trying to remedy that. Siddoway: So, the area shown in orange is the area that's proposed to be deeded to the Western Ada Recreation District out of the park. It would have a — it would result in a slight decrease in the park acreage overall, but the end result would be a much cleaner property line. Mr. Baird, any comments about the involvement or reviews that this would have to go through? Baird: Mr. President, Members of the Council, just a reminder that when the city disposes of any real property, whether it be to another governmental agency, we have to go through a public hearing process, a notice and hearing whereby the Council would direct that the land be deeded. So, I think that's what we are looking for direction from the Council tonight would be whether or not you want us to bring this back for a public hearing in order to quitclaim that orange portion to the Western Ada Rec District. Rountree: Thank you, Ted. Any questions? Comments? Bird: Mr. President, I would — I think it would be a real nice thing to get it straightened out. I thought we had done it about eight or nine years ago, but evidently it wasn't followed through with. Seeing how both the land for Storey and this was donated by the same outfit, I don't know why it would be a hang up not to go for a quitclaim and give it to Western Ada where it's not taking that much park area for us I don't believe. So, I would be in favor of going ahead with it. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I, too, think it's a good idea. The only thing I would wonder is in the northwest comer depiction of it, that little tiny sliver that sticks out, I'm guessing the two rough circles are trees and I would wonder why the line doesn't just go to the right — of the right of those two trees. Why is there a couple of foot wide section that sticks out — yes, you're pointing to the right place. Is there any reason to have that odd little piece? Meridian City Coundl June 2, 2009 Page 9 of 33 Rountree: No. Zaremba: It seems like the line would be simpler if you just -- Siddoway: I think maybe what we ought to do is as we look into this we can look into how it's likely to be maintained, because that is right where the road does come around and it's probably more easily maintained with the pool property. However that makes the most sense we can make that worts. Zaremba: Thank you. Hoaglun: Mr. President, I'd just weigh in on this. I, too, think we ought to be cleaning this up and get them to have the property in the proper place and I think your comments, Mr. President, were appropriate about how we get things done and this stuff comes along and, well, we just got to take care of it when it happens and at the risk of showing my age, I remember when it first opened and we had a PE class there and some kids learned how to swim that first year it was open and it's been a great amenity for this community for a very long time and glad to see it stili in operation. Rountree: Any further comments? General consensus from the Council? I see heads nodding to move forward. Let the record show that my head did not nod. Siddoway: Mr. President, we will take that direction, then, and move forward with this, get it scheduled for a public hearing once we have quitclaim deeds ready. D. City Clerk's Office: 1. Appeal of Temporary Use Permit requirement for Renaissance Day by Jacki Briggs: Rountree: Thank you. Next item. City Clerk. Holman: Members of the Council, Council President Rountree, this item is an appeal of a temporary use permit. It's actually a condition of approval that's being appealed for the Renaissance -- Ye Old Renaissance I believe is what it's called. Let me get this in front of me here. Yeah. Ye Old Renaissance Fair 2009. It's — the appiicarrt's name is Jacki Briggs and she is present here in the audience tonight. The condition of approval that the applicant is appealing is one that. Lieutenant Overton of the police department placed upon this application. I put a copy of the e-mail in front of all of you and I also have a copy of Mrs. Briggs' appeal letter. So, Mrs. Briggs is present, as is the cutlery vendor. His name is Robert Frazier or Bob Frazier with Bob's Cutlery and I believe Mrs. Briggs -- do you want her to come forward, President Rountree, and — Rountree: If you're through with your comments. CA E IDN-- C q�R J February 11, 2010 Stephen Siddoway Parks Director Meridian City Hall 33 E. Broadway Avenue Meridian, Idaho 83642 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zarembia RE: Proposed Property Boundary Adjustment for Western Ada Recreation Swimming Pool Property/Storey Park. Dear Mr. Siddoway: I find that your request for a property boundary adjustment on the property referenced above complies with Unified Development Code (UDC) 11-613-8. I am granting approval of tie property boundary adjustment as requested by the applicant subject to completion of the following conditions per UDC 11 -6B -8C2: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County Assessor; and, d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the Director. Upon receipt of these items the application shall be complete. e. The applicant or owner has one year to complete the above conditions of approval. If you should have any questions regarding this matter, please don't hesitate to call Kristy Vigil at 884-5533. edman, AICP Director cc: Warren Stewart, Engineering Manager/CE Tealey's Land Surveying Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org E IDIAN?-% ipAH� Type of Review Requested (check all that apply) 0 Accessory Use ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street 0 Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Planning Department ADUMSTRATIVE REVIEW APPLICATION STAFF USE ONLY File i.i Or'(" & 1 D - DOL Project name Data filed- at�ercomplete Assigned Planner' � V Related files Applicant Information Applicant name: -City of Meridian Phone: 884-5533 Applicant address: 33 E. Broadway Ave. Suite 210, Meridian, Idaho Zip: 83642 Applicant's interest in property: [Ji Own ❑ Rent ❑ Optioned ❑ Other Owner name: Phone: Owner address: zip: — Agent name (e.g., architect, engineer, developer, representative): Pat Tealey Firm name: Tealev's Land Surveviuna Phone: 385-0636 Address: 187 E. 50th St.. Garden City. Idaho Zip: 83714 Primary contact is: []Applicant ❑ Owner ElAgent ❑ Other Contact name: Pat Tealev Phone: 385-063 E-mail: ntealev0ealevs.com Fax: 385-0696 Subject Property Information Location/street address: 213 E. Franklin Rd., Meridian, ID 83642 (Pool), 215 E. Franklin Rd. (Storey Park) Assessor's parcel number(s): S1118223080 (Community Pool). 51118212700 (Storey Park) Township, range, section: UK, R.lE., Sec I8 Total acreage: 1.16 (Pool), 19.32 (Park) Current land use: Community Pool. Storey Park Current zoning district: C -G 33 E. Broad%vay Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. HAM) Project Description Projeet/subdivision name: N/A General description of proposed project/request: Property line adjustment - Parcel exchange between Western Ada. Recreation District and the City of Meridian Proposed zoning district(s): N/A Acres of each zone proposed: N/A Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ Industrial El Other Recreation Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? N/A Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): I Proposed building height: Minimum property size (s.f): Gross density (macre-total land): Percentage of open space provided: Percentage of useable open space: Average property size (s.f.): Net density (DU/acre-excluding roads 8t alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type ofdwelling(s) proposed: ❑ Single-family ❑Townhomes ❑Duplexes ❑Multi -family Non-residential Project Summary (if applicable) Number of building lots: 9- Other lots: Il' Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature:. I ' 33 E. Brc Phone: (208) 884-5533 Seating capacity: Number of compact spaces provided: /,iy'� i Date: 2 Q Avenue, uite 210 * Meridian, Idaho 83642 Facsimile: (208) 888-6854 • Website: wtvw.meridiancity.org 2 TEALEY'S LAND 187 E. 501h Street, Garden City, ID 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 El Email: jwargo@tealeys.com Intent Letter To: Anna Borchers - Canning Meridian City Planning and Zoning Date: December 14, 2009 Re: Property Boundary Adjustment — Western Ada Recreation District Job No.: 3365 ( X ) For your action ( X ) For your review Transmitted By: Josh Wargo Dear: Anna, 0 Currently a portion of the Meridian community swimming pool building is located on the Storey Park parcel. We are submitting the Property Boundary Adjustment for this project in order to include the pool building, sidewalk and snow -cone shack in the parcel owned by the Western Ada Recreation District. Sincerely, Josh Wargo E-mail: jwargo@tealeys.com TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 51 Fax (208) 385-0696 Project No.: 3365 Date: January 21, 2010 DESCRIPTION OF PARCEL A FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on the Record of Survey No. , on file under Instrument No. in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 comer of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00"40'03" West 247.34 feet to a point, marked by an iron pin; thence North 52°17'11"West 450.67 feet to a point, marked by an iron pin; thence North 00°40'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing North 63°03'22" East 54.07 feet to a point, marked by an iron pin; thence North 38°5229" East 44.52 feet to a point, marked by an iron pin; thence South 51°07'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51 °52'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 1.31 Acres, more or less. Rte') 34 \* 47�4'!" 0 ' �01 3365-parcel-A-Desadoc idw TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 3365 Date: January 27, 2010 DESCRIPTION OF PARCEL B FOR CITY OF MERIDIAN A parcel of land, as shown on the Record of Survey No. , on file under Instrument Noin the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 114 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, -Idaho; thence South 00040'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING, marked by an iron pin; thence along said Westerly line South 00°40'03" West 234.91 feet to the Southwest comer of Lot 28 of Block 2 of said Honor Park Subdivision No. 3, marked by a lead plug and tack; thence along the Southerly line of said Honor Park Subdivision No. 3 North 89°31'22" East 622.00 feet to the Southeast corner of Lot 26 of Block 2 of said Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said Honor Park Subdivision No. 3 South 00°40'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said North line and along the North line of Honor Park Subdivision No. 1, as filed for record in Book 65 of Plats at pages 6652 & 6653 in the Office of the Recorder for Ada County, Idaho South 89°31'22" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said Honor Park Subdivision No. 1, marked by an iron pin; thence along the East line of said Government Lot 1 North 00°40'03" East 916.19 feet to a point, marked by an iron pin; thence North 51 °52'37" West 133.04 feet to a point, marked by an iron pin; thence North 38052'29" East 16.49 feet to a point, marked by an iron pin; thence North 51 °07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38052'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing South 63003'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°14'16" West 173.69 feet to a point, marked by an iron pin, thence South 00°40'03" West 11.43 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 3365-pareel B-Desc.docidw TEA L EY' S LAND SURVEYING 187 E. 50th street, Garden City, Idaho 83714=(208) 25-M Project No.: 3365 Parcel B Description Page 2of2 South 89 20 05 West 173.87 feet to a point on the East right-of-way line of South Main Street as shown on Record of Survey No. 8652 on file under Instrument No. 109110965 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East right-of-way line North 01 016'04" East 295.61 feet to a point on said South right-of-way line of East Franklin Road, marked by an iron pin; thence along said South right-of-way line North 47012'39" East 46.45 feet to a point, marked by an iron pin; thence continuing North 89020'05" East 156.25 feet to a point, marked by an iron pin; thence continuing North 88003'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING Said Parcel Contains 18.81 Acres, more or less. 3365-parcel-B-Desc.doc idw Parcel Closures.txt Western Ada Recreation District PLA - #3365 ---------------------------------------------------------------------------- Parcel name: PARCEL A Line Course: N 51-52-37 W Line Course: N 38-52-29 E Line Course: N 51-07-31 W Line Course: s 38-52-29 W curve Course: s 63-03-22 W Line Course: 5 87-14-16 W Line course: S 00-40-03 W Line Course: S 52-17-11 E Line Course: N 00-40-03 E Length: 133.04 Length: 16.49 Length: 19.67 Length: 44.52 Length: 54.07 Length: 173.69 Length: 11.43 Length: 450.67 Length: 247.34 Perimeter: 1152.56 Area: 57,168 Sq Ft 1.312 Ac. Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 75-43-25 W Error North: 0.002 East : -0.008 ---------------------------------------------------------------------- Parcel name: PARCEL B Line Course: S 00-40-03 W Length: 234.91 Line course: N 89-31-22 E Length: 622.00 Line Course: S 00-40-03 W Length: 1048.08 Line Course: s 89-31-22 W Length: 622.00 Line Course: N 00-40-03 E Length: 916.19 Line Course: N 51-52-37 W Length: 133.04 Line course: N 38-52-29 E Length: 16.49 Line Course: N 51-07-31 W Length: 19.67 Line Course: S 38-52-29 W Length: 44.52 Curve Course: S 63-03-22 W Length: 54.07 Line Course: S 87-14-16 W Length: 173.69 Line course:• S 00-40-03 W Length: 11.43 Line course: S 89-20-05 W Length: 173.87 Line Course: N 01-16-04 E Length: 295.61 Line Course: N 47-12-39 E Length: 46.45 Line Course: N 89-20-05 E Length: 156.25 Line Course: N 88-03-42 E Length: 340.86 e Perimeter: 4910.77 Area: 819,447 sq Ft 18.812 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 73-40-31 W Error North: -0.003 East : -0.011 Page 1 TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project. No.: 3365 Date: January 27, 2010 DESCRIPTION OF CROSS ACCESS EASEMENT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT A parcel of land being a portion of the Northwest 114 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South .89'20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 114 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said South right-of-way line South 88°03'42" West 9.90 feet to the POINT OF BEGINNING; thence South 0050'34" West 96.29 feet to a point of gurve; thence along the arc of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36"54'24", and a long chord bearing South 19017'45" West 53.81 feet to a point; thence South 37°44'57" West 56.49 feet to a point; thence South 52015'29" East 79.23 feet to a point; thence South 63°51'27" East 99.22 feet to a point of curve; thence along the are of a curve to the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64°29'33", and a long chord bearing South 3103940" East 48.02 feet to a point; thence South 00038'06" West 260.43 feet to a point; thence North 89041'47" West 107.61 feet to a point; thence North 00038'57" East 210.91 feet to a point; thence North 51052'37" West 144.97 feet to a point, marked by an iron pin; thence North 38°52'29" East 16.49 feet to a point, marked by an iron pin; thence North 51007'31" West 19.67 feet to a point, marked by an iron pin; thence South 38952'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the are of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°18'13" West 173.68 feet to a point, marked by an iron pin; thence South 87°14'16" West 174.08 feet to a point on the East right of -way line of South Main Street; thence along said East right-of-way line North 01°16'04" East 34.86 feet to a point; thence North 87000'43" East 339.85 feet to a point of curve; thence along the arc of a curve to the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48038'40", and a long chord bearing North 62041'23" East 28.83 feet to a point; thence 3365-access-ease-Desc.doc jdw TEAL EY' S LAND SURVEYING 187 E. 50- Street, Garden Cly, Idaho 83714•(208) 38s -M Project No., 3365 Cross Access Easement Description Page 2 of 2 North 38022'04" East 184.37 feet to a point of curve; thence along the are of a curve to the left 29.48 feet, said curve having a radius of 45.00 feet, a central angle of 37°32'02", and a long chord bearing North 19036'03" East 28.95 feet to a point; thence North 00050'02" East 96.00 feet to a point on said South right-of-way line of East Franklin Road; thence along said South right-of-way line North 88°03'42" East 36.21 feet to the POINT OF BEGINNING. Said Parcel Contains 1.65 Acres, more or less. 3365-access-ease-Desc.doc jdw /V CROSS ACCESS EASEMENT EXHIBIT AT STOREY PARK WESTERN ADA RECREATION DISTRICT LYING IN THE NW -114, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO FOR L 0 50 loo 200 SCALE IN FEET I�IfI I" = 100' E. FRANKLIN ROAD 127 S 89.20'05" W 2401.71' 13tj 1092.65' N 88°03'4; 8 36.21- z 1 • — Q LLli N 00 °50'02" E 96.00' tn c; I Z a pt'I 1 S 38052'29"'W 44.52' N 519 67 X31' r � oe N 87'00'43" E 339.85' 173.��� c' I �74. /f / / /° n S 87°14'16" W --- S 87 18 13_ W 1 I N 01°16'04" E 72720/G�J AR 71,965A IN R qs Ft.OS C(I 65 ACRES) %% *% 3365—LLA.dwg 01-27-10 14:21:27 Margo NE COR. GOV. LOT I NORTH "1309.06' R. " 18 E r S 00 "40'03" W 47.44' $ 88°03'42" W / \ 9.90' S 00'50'34' W I ( 96.29' N� S 37•44'57" W 5 ./56.49' TEALETS LAND SURVEYING 187 EAST 50th STREET is s GARDEN CITY, ID. 83714 208-385-0636 S 52°15'29' E 79.23' 63e — g� 5p2�. N 89.41'47"W CURVE TABLE CURVE RADIUS DELTA LENGTHI BEARING CHORD C— 1 66.00' 48'21'47" 55.71' S 63003'22" W 54.07' C— 2 85.00' 36 054'24' 54.75' S 19' 17'45" W 53.81' C— 3 45.00' 64 °29'33" 50.65' S 31"36'40" E 48.02' C— 4 35.00' 48'38'40" 29.72' N 62 °41'23" E 28.83' C— 5 1 45.00' 1 37'32'02" 29.48' 1 N 19'36103" E 1 2-8.95' 3365—LLA.dwg 01-27-10 14:21:27 Margo NE COR. GOV. LOT I NORTH "1309.06' R. " 18 E r S 00 "40'03" W 47.44' $ 88°03'42" W / \ 9.90' S 00'50'34' W I ( 96.29' N� S 37•44'57" W 5 ./56.49' TEALETS LAND SURVEYING 187 EAST 50th STREET is s GARDEN CITY, ID. 83714 208-385-0636 S 52°15'29' E 79.23' 63e — g� 5p2�. N 89.41'47"W EmTEALEY'S LAND SURVEYING Project No.: 3365 Date: January 21, 2010 187 E. 50th Street • Garden City, Idaho 83714 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION OF COMMUNITY POOL EXCHANGE PARCEL FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on Record of Survey No. , on file under Instrument No. in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T. 3N., R.1E., B. M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast comer of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 381.70 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 32.54 feet to a point, marked by an iron pin; thence North 51 °52'37" West 51.93 feet to a point; thgnce along a line parallel with said North line of Section 18 North 89020'05" East 41.23 feet to the POINT OF BEGINNING. Said Parcel Contains 671 Sq. Ft., more or less. 3365-pool-exchange-Desc.docidw 0 30 60 120 SCALE IN FEET I" = 60' EXCHANGE PARCEL EXHIBIT FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO NE COR. NORTH GOV. LOT 1 1/4 COR. E. FRANKLIN ROAD 7 12 % S 89 °20'05" W 2401.71' _ 13\IF 18 1092.65' _) 1309.06' IB Q i 0Y CK�q+ N 89°20'05" E M 1 3 v a 41.23' 1 _ 10 10 G.�jy I L-1 N 87°14'16' E 173.69' F j POOL 1 N P.O.B. S 89020'05" W 318.57' 32.54' PARK \ P.O.B. \ STOREY PARK \ EXCHANGE PARCEL N 51°52'37" W AREA = 7,501 Sq. Ft. 51.93' \ COMMUNITY POOL EXCHANGE PARCEL AREA = 671 Sq. Ft. �, �r 41 X. j�4 fti \t P7 LINE TABLE o ' LINE BEARING LENGTH lk. Li N 00'40'03° E 11.43' L2 N 38°52'29° E 44.52' `�'�;t" �.`� •` L3 S 51°07'31" E 19.67' L4 S 38-52-29- W 1 16.49' \ 1 N r CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD C- 1 66.00' 48'21'47" 55.71' 1 N 63°03'22' E 54.07' \ TEALETS LAND SURVEYING 187 EAST 501h STREET 0•----0 GARDEN CITY, ID. 83714 208--385-0636 3365—EXHOITS.dwg 01-04-10 10:06:56 Margo -0 TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 63714 SURVEYING (208) 385-0636 a] Fax (208) 385-0696 Project No.: 3365 Date: January 21, 2010 DESCRIPTION OF STOREY PARK EXCHANGE PARCEL FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on Record of Survey No. , on file under Instrument No. in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., RAE., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING. at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Govemment Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40103" West 381.70 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 South 89°20'05" West 41.23 feet to the POINT OF BEGINNING; thence continuing South 89020'05" West 318.57 feet to a point, sparked by an iron pin; thence North 00040'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing North 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38°5229" East 44.52 feet to a point, marked by an iron pin; thence South 51 °07'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51 °5237" East 81.11 feet to the POINT OF BEGINNING. Said Parcel Contains 7,501 Sq. Ft., more or less. 43& 3365-park-exchange-Desc.doa jdw - X ^� TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 53 14 Fax (208) 385-0696 Project. No.: 3365 EXHIBIT "A" Date: January 21, 2010 DESCRIPTION OF CITY OF MERIDIAN SEWER MAIN EASEMENT AT MERIDIAN COMMUNITY POOL A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1E., B. M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING; thence continuing South 00*40'03" West 2.52 feet to a point; thence North 51052'37" West 154.27 feet to a point; thence North 38°52'29" East 18.75 feet to a point; thence South 51°07'31" East 19.67 feet to a point; thence South 38°52'29" West 16.49 feet to a point; thence South 51052'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 634 Sq. Ft., more or less. 4347 3365-sewer-ease-Desc.doc ldw EXHIBIT "B" CITY OF MERIDIAN SEINER MAIN EASEMENT EXHIBIT AT STOREY PARK LYING IN THE NW 1/4, SECTION 18, T.3N., RX., B.M., MERIDIAN, ADA COUNTY, IDAHO NE COR. NORTH E. FRANKLIN ROAD GOV. LOT I I/4 COR. 712 7 N 89020'05" E 2401.71' (3 18 1092.65' _ — — 1309.06' 18 � 1 Q Z Q 1 � r LIS I S 51'07'31" E 19.67' 1 I � i v - I N Of �_ N 38 °52'29" E 18.75' S 38'52'29' W 16.49' I I rr1 o r o I � I . 2.00' EXISTING SEWER I o s MAIN LINE SEWER MAIN EASEMENT " ' Mr i AREA = 634 S . Ft. ,1, .S < • 0 • q ° u IN 1 S 00'40'03" W 2.52' a d 2.00' LAA 0 15 30 60 ( ; SCALE IN FEET 1 I" = 30' 3365—EXHIBITS.dwg 12--28--09 13:35.22 Morgo TEALETS LAND SURVEYING 187 EAST 50th STREET s a GARDEN CITY, 1D. 83714 208-385-0636 it 2003 10:50AM WARD FAX 208-884-5387 p.2 - Tum iTt MetTinw, Mede this 2 F th day of June in the year of our Lord one thousand nine hendrsdand 72 hotween MERIDIAN COMMDIJITY SWIMMING POOL, INC. 1 'o.•corporstion duly orsaniasd and existing undor the laws of the State of Idaho lied h4%,Plnlr Its principal Mae In Idaho ut Meridian in the County of I Ada , party or Chu rtrat part, and W.HSTL'RN ADA RECREATION DISTRICT i or Meridian , County of Ada , State of 1 + Idaho part y of the mccend port ' WW"xsatern, That the maid party of the first part, harinif beers horeunto duty authorized uy roaoluliort of Ax Heard or i ! : i)trcftetd,for And in consideration of the suit) of 11 'fen and No/100 ($10.001 --------------------------------------- DOLLARS, .t f iaarfp) malk-y frf the United Slates of Amariea, to it in hanel Itaid by the said part Y of the second part, the r -ceipt r when -or is herul;Y ockn.oarviged, box gratttaYl, bargained and motel, :tat try thivia prr<t•uta drtas grant. Irargntt, seri, Convey rood cnnrirm wrt„ thn suid runt y ur dw aarnttd punt. and to 1 L'3 hairs +Ind »ssisrnx fnraror, all the N11--winr d--;W-ribrrl n -al rvttalr hihinird in Meridien ,uuwy or Ade .holt• of Jriaiur. In wil: (; Corumencing ac the Northeast corner of Lot 1, Section 18, ! Township 3 North, Range 1 East, Boise Meridian, Ada ' County, Idaho, attd running Southerly 381.7 feet along the Easterly boundary of said Lot 1, Section 18. to a ' pofnt, said point being the TRITE POINT OF BEGINNING; thence continuing Soutberly,28O.0 feet along the said Easterly boundary of Lot 1, Section 18 to a point; thence Northwesterly 455.0 feet, more or less; to a t point that lies Southerly 381.7 feet !;rook Che Northerly boundary of said Lot 1, Section 18; thence Easterly 360,D Feer along a line 381..7 feet: Saucherly of and parallel to -the said Northerly boundary of said Lot 1, - Section 1.8 to the point of beginning; said tract containing 1.16 acres, more or less. 4 r c ilMD3/31/2009 14:13 FAX ti�144 'd•�alt a 2678849 Clerks Office fa 001 /007 tt For Value Reost"da W=Ux A. E44 ROI,II'g'S) L. ROIL and ALX HUN, humm*41a wife, R• : y the pplots 1 do= hereby ffrAnk bmTaft, sell and•catrvsrU* GM ON 111 MI)TAil•, IDAHO, a munLu4, M1l eor�or�om `<1 toe oraniss , the tollowfay deecdW prem9aes, _ _..Couetty Idaho, to i" , 4r 7l at EY►e W Priler of the = ' . 2E. f B,N,, Ada�fj 13 #ale L,38' l lieo•L'd.vn Z8} a�d1`, •®f �'® Ei •�r••� i.,• a._ batik aiil►�Te� t© tins ,8avtr Orly bout t' of V.X*A• of 622 fast to a pala'fr bheaeta"$O �� dk:. bonud&J7 of send Nl�JC g 'oo a oiu, sa tkts Scruthe�l ei�gia 1$i 'a' rsd •8 t 181 Nonce Weaterly 02026, t eoB yy�,1®x Sete '*A YB -to the real point of be�& tso,�sl�la�g, 15.®•aRs •�'4� i3 TO RAYL AND TO BOLD the sad prrmbw, with, their ap1,1 041 M. *4 ynto the ald G : Its bees and heelgets forever. And the, 6 t+bra do the coven"t with the ee` d C;cantee ,that they ei A l],e owner A in fee e'lhpla of Bald yt`etaisas; thab they -gyp(+ f=m ail et eumblrApees and that t b.y wal warrant std defend the acme from al lswful'olaima whdteoevar. Dated DTATB OF IDA�¢OCpUNW of ADI th4 LXX deY of ti 119 �%i perp m.. ■ �Wy yublle to ■�cd ter re d stxu, peeeemlry Ami RxzbuK A . 1101F a divom MM, and ROLM 1. HON aA� BBYBRLY HON, husband std wife, G 1L • ry� �4r.•t4•ttR° tS>ex�a�y.e,a.ntfa3 Who... ix are ••'r"••• `.kmm-Rt, And ■fhn.Wlectted to �.�►e >a,•��ftp /J .ria■ t�1. /iil7.. ...- �.MeTldd aA Notar9 PvAIdaho ;7 .L. STA= OF Wm:15, comm Or A #A I hoNUs eettlly t2k0 tlds 1■atxunsat Was algid for rso*d ■t the ropeet of JOHN 0. FITZGnkim I Q mj" :; We Rs day of February xe 68 . to my om-. and say mcrt el, In nookOLARM .;. 34 o 4�� 03 A. nM -XM 2"O.Wo Room" Tom ;'tm,100 �DAS7, ULU to MOH9 0enF= dG Ax'01 924 l;set letarl ,. • ,.;s AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, V U t' 1 4m I46t pa -e- 0 ,I KG'T A0,61OX S t b name -Mek!d u h ) Qtaniig 8 gU (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: o� /`4eria�an 33 F. 8A dklhy A•ve ,14el,l�an,rD &36 Y;- (name) (ad ess) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any 'dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. F 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 2 S day of _ i—a mmd4 _ 20 C�7A lY yyl GVt�b (Signature) SUBSCRIBED AND SWORN to before the the day and year first above written. ���y�Nentyy�� ► ��"��@�� .•�o•..y�jy.`' (No&q Public for Idaho) pyo = Residing at: ,Zra My Commission Expires: a !✓ ZA/ 4:- nc • C7 J Dairy & Stook Shown, Inc. To Iastrumant No. 288830 ity of Meridian Dated May 20, 1948 THIS INDENTURE. Made this 20bb day of Vey in the year of our Lord one thousand Aire hundred and torty-nine between Meridian Dairy & Stook Showa, Inc., a corporation duly or- ganized and existing under the lawn of the State of Idaho and having its principal office in Idaho at Meridian in the County of Ada, party of the first part, and City of Meridian, a Municipal Corporation of the County of Ada, state of Idaho, party of the second part, WITNESS12TH, That the said party of the first part, having been hereunto duly author- ised by resolution of its Board of Directors. for and in consideration of the nus; of THREE THOUSAND THREE HUNDRED FIFTY -SIGHT and 34/100 DOLLARS, lawful money of the United States of America, to it in hand paid by the said party of the second part, the reoeipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, and to its suoaessore and assigns forever, all the following described real estate situated in the County of Ada, State of Idaho, to -wit: A part of Lot 1, Section 18 (Sea. 18), Township 3 North (T. 3N.), Range L lest (R.38. Boise Meridian (B.M.) described by mates and bounds as follows: Beginning at the Northeast corner of Lot 1, Sec. 18, T. 5 N., R. 1 8., B.M.; Thence South along the last boundary of Lot 1, 381.7 feet to an iron pipe; Thence N. 89.20r N. parallel to the North boundary of Seo. 18, 570.4 feet to an iron , pin; Thence North parallel to the last boundary of Lot 1, 381.7 feet to an iron pin an the North boundary of Seo. 18; ` Thence S. 890201 S. along the North boundary of Seo. 18, 570.5 feet to the point of beginning, containing 5 sores. subject to highway and ditch rights of way. U.B.I.B. Stamps #3.55 Cancelled =i Cancelled 5-80-49 ) TOGETME With all and singular the tenements, hereditaments and appurtenances there- unto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all estate, right., title and in- terest in and to the said property, as well in law as in equity, of the said party of the first part. TO HAVE AND TO HOLD, All and singular, the above mentioned and described premises, together with the appurtenances, unto the party of the seoond part, and to its successors and assigns forever. And the sold party of the first part, and its successors, the said promisee in the quiet and peaceable possession of the said party of the aeaond part, its euooeseora and assigns, against the said party of the first part, and ids suoaessore, and against all and every parson and persons whomsoever. lawfully olaiming or to claim the name, shall and will warrant and by these presents forever defend. IN WITNESS WHERROF, The party of the first part has amused its oorporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Seors- tary in pursuance to said resolution the day and year first above written. SIGNED, SEALED AND DELIVERED MERIDIAN DAIRY a: STOCK SHOWS, Inc., IN PRESENCE OF an Idaho Corporation, By George E. Hardin, George L. Ambrose Its President. (CORP. SIAL) Attest: M. B. Wills, Ds Secretary. . STATS OF IDAHO ea. 0OUNTY 08 ADA On this 86th day of May in the year 1949, before me, George L. Ambrose, a, Notary Pub- lic in and for sold State, personally appeared George S. Hardin, known to me to be the President, and M. E. Wills, known to as to he the Secretary of the corporation that or,- souted the foregoing instrument, and acknowledged to no that suoh corporation executed the aama. IN Wr=88 WEER80F0 I have hereunto not my hand and affixed AW offioial aeal, the day And year in this certificate first above written. George L. Ambrose (BEAL) Notary Public, Residing at Meridian, Idaho My Commieaion Expires: October 16, 1958. Recorded at the request of City of Meridian at 80 minutes past 9 o'clock A.M., this 16 day Of duly, 1949. 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Rkka�aka$�Ab6bLalk 't 1 € a3h�kkkS3.h$3tb$3_k8 1 1 I 3 .9CAS'AO S 1 Ryye1 pi'.tytR }{ 1� g$$$ I LbY1Z 'I Y -• � �Frt��3SCwd���i'?f9S 1 �Lsa %moron H �$ � �S$'a$bbh'a$6Y$3kyx'a$$ �z�'skk4k'akks:$k$:."shy IY� r tzars.z�s a 1i A f.1 N f � i d�b - �-_•r�II Yf �f �f h h h �i w HI 0 � a • • � h a r tzars.z�s a 1i A f.1 N f i �i i � 8 m� ,, OION M7QYfi7 101 � .lLf I= .ro'IJrI S i C>�(IEF IMAM -- IDAHO Planning Department PROPERTY BOUNDARY ADJUS MEW Application Checklist Project name: Parnk (n nr Too Pro �rnc c� �vS>esi ir" Fle #:'" A lieant( eat: Gi , McGe74,' All applications are required to contain one copy of the following unless otherwise noted: Apphcant �) Descnptrou Staff; -ism I Please provide two. (2) copies of each of the items listed below. V I u at aescn son (metes and bounds) of the new property boundaries and closure sheet -=+ Recorded warranty deed for the subject property Affidavit of Legal Interest signed & notarized by the property owner (If owner is acwporadon, submit copy of the Articles of Tworoaration or other MAdeace to show that do persm #Vdng is an authorised Scaled vicinity map showing the location of the subject ro erty=r'r N Existing recorded plat in which the subject 2Loperty lies (8 %" x 11") (if applicable) Existing Record of Surveys used and/or referenced (8 W' x 1 I") IT NA I Fee r Property boundary adjustments are allowed for the adjustment of properly lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements of a recorded subdivision (UDC 11-6B-8). APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev 1114108) NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, May 25, 2010, for the purpose of reviewing and considering a proposed exchange of real property located at 213 and 215 E. Franklin Road, in the City of Meridian, (Storey Park and Community Pool). Currently, a portion of the Meridian Community Swimming Pool is located on the Storey Park parcel. The proposed transaction would exchange deeds as part of a boundary line adjustment in order to include the pool building, sidewalk, and snow -cone shack on the parcel owned by the Western Ada Recreation District (Reference Ada County Record of Survey No. 8737, on file under Instrument No. 110021878). For further information, please contact the City Clerks Office at 888-4433. DATED this 4k day of May, 2010. Publish Dates: 10th and 17th of May, 20' City of Meridian NOTICE OF PUBLIC HEARING ?fttl li IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Halt, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, May 25th, 2010, for the purpose of reviewing and considering a proposed exchange of real property located at 213 and 215 E.: Franklin Road in the City of Meridian (Storey Park and Community Pool). Currently, a portion of the Meridian Community Swimming Pool is located on the Storey Park parcel. Tht proposed transaction would exchange deeds as part of a boundary line adjustment in order to include the pool building, sidewalk and snow -cone shack on the parcel owned by the Western Ada Recreation District reference Ada County Record of Survey. No. 8737, on file under Instrument No. 110021878). For fiuther information; please contact the City Clerk's Office at 888-4433. DATED this 4th day of May 20.10. Publish: May 10th and 17th, 2010 City of Meridian NOTICZ OF MOLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of i Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway . • "U 1 Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tues(1ay, May 25th, 2010, for the purpose of reviewing and considering a proposed exchange of real property located at 213 and 215 E. Franklin Community Pool). Currently, a porRoad in the City of Meridian (Storey Park and Lion of the Meridian Community Swimming Pool is located on the Storey Park parcel. The proposed transaction would exchange deeds as part of a boundary line adjustment in order to include the pool building, sidewalk and snow -cone shack on the parcel owned by the Western Ada Recreation District reference Ada County Record of Survey No. 8737, on file under Instrument No. 110021878). _ For further information, please contact the City Clerk's Office at 888-4433 DATED this 4th day of May 2010. Publish: May 10th and 17th, 2010 Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 9L PROJECT NUMBER: ITEM TITLE: MFP 10-002 Madelynn Estates by Jane Suggs Located West Side of Locust Grove, Midway Between Chinden Boulevard and McMillan Road: Request to Modify Note 3 and 9 on the Recorded Final Plat to Designate Lot 1, Block 8 as a Common Open Space Lot in Lieu of a Buildable Lot MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 5-ag kn Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Legal Department Report: Discussion - An Ordinance Repealing and Replacing Title 4 Public Health & Safety, Chapter 1, Sanitary Service System of the Meridian City Code MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Legal Department Report — May 26, 2010 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 4, PUBLIC HEALTH & SAFETY, CHAPTER 1, SANITARY SERVICE SYSTEM, OF THE MERIDIAN CITY CODE, TO WIT: TITLE; PURPOSE AND INTENT; DEFINITIONS; COMPULSORY USE REQUIRED; RESPONSIBLE AUTHORITY; RULES AND REGULATIONS, SOLID WASTE ADVISORY COMMISSION; FEES; COLLECTION; SPECIAL COLLECTION STANDARDS AND SERVICES; PROHIBITIONS; SITE PLAN FOR COMMERCIAL OR RESIDENTIAL MULTI -FAMILY NEW CONSTRUCTION OR REMODELS; FRANCHISES, LICENSING, CONTRACTING, BOND; PENALTY; AND REGULATORY CONSISTENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that conversion from the City's current manual solid waste collection system to a fully -automated solid waste collection system will result in a cleaner, safer community and allow for more cost-effective services; and WHEREAS, the City Council finds that the fully -automated solid waste collection system will enhance the equitable distribution of the cost of solid waste collection and disposal services in the community. Households that dispose of smaller amounts of trash will pay the lowest fees; and WHEREAS, the City Council finds that the co -mingled recycling program will remain voluntary, with no penalties and no additional fees; and WHEREAS, the City Council finds that the voluntary co -mingled recycling program combined with the fully -automated solid waste collection system will encourage, promote, and improve the solid waste and recycling practices in our community, helping reduce the amount of waste that ends up in the City's limited land fill space; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 4, Chapter 1, of the Meridian City Code is repealed and replaced to read as follows: 4-1-1: TITLE: This chapter shall be known as the CITY OF MERIDIAN SOLID WASTE ORDINANCE and may be so cited. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 1 OF 16 Legal Department Report — May 26, 2010 4-1-2: PURPOSE AND INTENT: The purpose and intent of this chapter is to: A. Establish a system for the storage, handling, collection and processing of solid waste with uniform requirements. B. Promote the health, safety, and general welfare of the citizens of Meridian, and enhance and preserve the quality and value of the resources of the city of Meridian by the proper management of solid waste. C. Encourage and improve the opportunity for recycling. D. Equitably distribute the costs of the solid waste collection and disposal system. 4-1-3: DEFINITIONS: ADA COUNTY HIGHWAY DISTRICT (ACHD): The Ada County highway district, a countywide highway district of Ada County, Idaho, duly formed and existing under chapter 14 of title 40, Idaho Code. BULKY WASTE: Waste materials intended for landfill disposal, except for major appliances; with sizes, weights or volumes greater than those allowed for wheeled carts and containers, such as water tanks and furniture. Bulky waste does not include construction debris, dead animals, hazardous materials, or animal stable matter. CITY: The city of Meridian, Idaho. COMMERCIAL PREMISES: Business, industrial and institutional premises and activities, including, but not limited to, construction sites, governmental agencies, and schools. CONTAINER: A large -capacity receptacle designed for the collection of solid waste or recyclable materials that are created or accumulated at commercial or multi -family premises with 4 or more units, including front -loading containers, rear -loading containers, and roll -off containers; also known colloquially as a dumpster. CUSTOMER: An occupant or owner of any premises, including residential, multi- family, commercial or other establishment in the city for which solid waste service is, or has been, provided. FRANCHISEE: Any person authorized by the city of Meridian, or employed by the city of Meridian to collect, handle, transport and dispose of solid waste and/or recyclable materials and who has executed a franchise agreement with the city of Meridian. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 2 OF 16 Legal Department Report — May 26, 2010 FULLY- AUTOMATED SOLID WASTE COLLECTION SYSTEM: A system for the collection of solid waste and recyclable materials from residential and multi- family premises of four (4) or fewer units which: 1) allows a customer to prepare for collection only the amount of solid waste or recyclable materials that fits within franchise -owned and -supplied wheeled cart(s) provided to such customer; and 2) under which the franchisee collects solid waste and recyclable materials contained within the wheeled cart(s) by means of trucks equipped with an automated hydraulic lifting mechanism. HAZARDOUS MATERIALS OR WASTES: Any chemical, compound, mixture, substance or article which is designated as hazardous by the United States Environmental Protection Agency or appropriate State agency. INFECTIOUS WASTE: Human and animal biological waste, including blood, body fluids, feces, and/or objects and materials contaminated with same, including that generated by medical, surgical, dental, and veterinary offices, clinics, hospitals, and laboratories. MULTI -FAMILY PREMISES: Residential premises with two (2) or more dwelling units including, but not limited to, multiplex dwellings, apartments, condominiums, mobile home and manufactured housing communities, clusters of single-family residences, and duplexes. Multi -family premises shall not include dwelling hotels, motels, hospitals, nursing homes, or other congregate housing, care, or institutional facilities. OCCUPANT: The person in possession, charge or in control of any unit in multi- family premises, residential premises, commercial premises or other premises where solid waste is created or accumulated. OVERLOADING: Exceeding the wheeled cart or container weight capacity or volume allowance, allowing objects to protrude outside of a wheeled cart or a container, or stacking solid waste or recyclable materials outside of a wheeled cart or container. OWNER: The person owning the real property where solid waste or recyclable materials are created or accumulated. PERSON: Any person, firm, partnership, association, institution, limited liability company, corporation, trust and/or any other legal entity whether for profit or nonprofit, public or private, and in the plural as well as singular. PROHIBITED WASTE: Prohibited waste shall include any waste that has any of the following general characteristics: extreme temperature; harmful vapors; the presence of corrosive, flammable, explosive, or toxic chemicals; any physical or other properties that render collection operations hazardous or create a risk to the environment or public health and safety. Prohibited waste shall include, but shall not SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 3 OF 16 Legal Department Report — May 26, 2010 be limited to: liquid wastes, both bulk and contained; tires; hazardous waste; refrigerants and any equipment or machines containing refrigerants. PUTRESCIBLE WASTE: Waste that can decay and stink or become putrid. RECYCLABLE MATERIALS: Waste designated by the franchisee as that which may be recycled, including, but not limited to, paper, cardboard, plastics, and metal. RESIDENTIAL PREMISES: A separate dwelling or residential unit in the city occupied by a person or group of persons which may be a single-family residence or multi -family premises. Each separate dwelling unit shall be considered a separate residence for solid waste service and billing purposes. SOLID WASTE: All materials discarded for disposal, including, but not limited to: putrescible and nonputrescible solid and semi-solid waste, garbage, trash, rubbish, demolition and construction waste, industrial waste, vegetable solid and semi-solid waste, dead animal remains in amounts not to exceed twenty-five (25) pounds, reusable or recyclable materials, bulky waste, and other discarded matter. VECTOR: An organism that can transmit disease. WHEELED CART: A wheeled receptacle designed for the automated collection of solid waste or recyclable materials, thirty-five (35) to ninety-five (95) gallons in volume. YARD WASTE: Plant material such as leaves, grass, branches, brush, flowers, tree wood waste, and debris commonly thrown away in the course of maintaining yards and gardens, and other particular biodegradable waste including Christmas trees. 4-1-4: COMPULSORY USE REQUIRED: In order to maintain the public health, safety, and aesthetics of the city, all residential and commercial owners and/or occupants shall pay for, and shall be provided, solid waste collection services. Such services shall be provided in the manner and by the means as may be established or adopted by city council and/or by the franchisee pursuant to authority vested therein by ordinance, resolution, written agreement, and/or city council rule or regulation. 4-1-5: RESPONSIBLE AUTHORITY: The Code Enforcement division of the Meridian Police Department, and such other persons as may be appointed by the mayor and city council by resolution, shall be responsible for the enforcement of the provisions of this chapter and other duties as the city council may prescribe. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 4 OF 16 Legal Department Report — May 26, 2010 4-1-6: RULES AND REGULATIONS; SOLID WASTE ADVISORY COMMISSION: City Council shall adopt all necessary rules and regulations pertaining to the sanitary service system, including, but not limited to, the setting of fees and rates. City Council shall appoint a solid waste advisory commission to propose and recommend to city council changes to rules, regulations, and adjustments to rates and fees as necessary. 4-1-7: FEES: A. Collection of Fees: City Council shall adopt by resolution the fees and rates for the collection of solid waste, including without limitation, a rate schedule for the collection of solid waste, including an additional wheeled cart fee, and special collection services fee. B. Disposition of Fees: The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the "solid waste collection account", and all expenses of the city in the operation of the sanitary collection system shall be paid out of such fund and any surplus remaining therein at the end of each fiscal year may be transferred by the council to the general fund. C. Method of Collection: Fees shall be billed to and paid by the customer of the premises that is served by the sanitary service system. Fees shall be carried on the water bill, and the same shall be paid with the water bill. The water department is authorized to discontinue service to the premises if the utility bill is not paid in full. Said sanitary service system fees that become delinquent shall be treated the same as water delinquent fees and shall be subject to the same penalties, including the same shall become a lien on the premises and shall be collected with the taxes. Further, any customer leaving a delinquency at one location shall not be entitled to service at a new location until all delinquencies are paid. In case of nonpayment, or delinquency in payment, of accounts that do not have associated water system charges the solid waste service may be suspended until such time as all charges and fees, including late fees and penalties, are currently paid. 4-1-8: COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS: A. The following provisions shall apply to all solid waste customers and premises within the city of Meridian: 1. Contents and Lid Position: All waste and recyclable materials deposited into a container or wheeled cart must fall freely when emptied. Container and wheeled cart lids must be left for collection in a completely closed position and swing freely open when the container or wheeled cart is emptied. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 5 OF 16 Legal Department Report — May 26, 2010 2. Deposit of Waste and Recyclable Materials: All solid waste and recyclable materials must be deposited in franchisee -owned and —supplied containers or wheeled carts for collection except for certain special collection services or the use of customer -owned compactor containers on commercial or residential multi -family premises. 3. Liquids: All solid waste shall, before deposit in containers or wheeled carts, be free of any liquids. 4. Sanitary Condition; Container and Wheeled Carts: It shall be the duty of every customer to maintain franchisee -owned and —supplied containers and wheeled carts in sanitary condition, with the inside and outside thereof free and clean of soil, grease, odor, and/or decomposing material. 5. Services Required on Private or Nonpublic Right of Way: Franchisee shall provide service only to premises adjacent to public rights of way, unless otherwise authorized by the customer on a private or nonpublic right of way. By providing such authorization, such customer indemnifies the city and the franchisee for any road or other damage or injury to persons or property incurred while in the course and scope of franchisee's provision of solid waste and recyclable materials collection services. B. Commercial Premises: 1. Types Of Service: The following franchisee provided services include solid waste and co -mingled recyclable materials collection: a. Regular Service: Franchisee shall provide containers (ninety-five (95) gallons or larger) and collect waste at least once weekly. b. On Call Service: Franchisee shall provide container and collect waste within the next working day of a customer request. For customers choosing to use compactor containers, the customer shall provide the compactor and the franchisee shall collect waste within the next working day of a customer request unless the customer authorizes regularly scheduled collection. Temporary Service: Franchisee shall provide container and collection services to temporary accounts for construction and demolition projects or other short term waste generation projects. Temporary service is provided for a maximum of one hundred twenty (120) days. Use of a temporary container does not displace regular solid waste service for the premises. Regular solid waste generated by the premises is not permitted in a temporary container. Temporary service for construction and demolition wastes will be limited to roll off containers; except where construction and SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 6 OF 16 Legal Department Report — May 26, 2010 demolition trash service can only be provided with a three (3) yard container due to inadequate space or other site location restrictions. d. Deposit: The city utility billing department may require a deposit as a condition of initiating, continuing, or restoring temporary or on call service. 2. Types of Container/Compactor: Commercial premises solid waste service is provided with large capacity containers, which include three (3) to eight (8) cubic yard containers, front loaded, and six (6) to forty (40) cubic yard roll off containers. The size of the container is determined by the customer, subject to approval by the franchisee. Commercial premises solid waste service also includes compactor/container service. Customers provide the compactor and container for this type of service. Containers for compactor service range from two (2) to forty (40) cubic yard capacity, subject to approval by the franchisee for compatibility with collection vehicles. 3. Container/Compactor Sites: a. Location Requirements: (1) Permanent Containers: For any area under a customer's ownership or control, including driveways and/or any other access route, as well as the container location, customers shall have a sufficient foundation to support the collection vehicle weight. Vehicle weights vary, but range between twenty (20) and thirty (30) tons. Customers will be required to indemnify the city of Meridian and the franchisee for road surface damage prior to service being provided. (2) Temporary Container Requirements: Temporary containers are placed at the customer's direction, if franchisee approves the location for space requirements and safety. Containers shall not be placed in a street without prior approval and permit from the Ada County highway district (ACHD). Nor shall they obstruct the public right of way or pedestrian traffic. (3) Compactor Containers: Compactor customers must contact the franchisee in advance to ensure that the compaction unit is compatible with collection vehicles and equipment and to ensure the location allows proper access for collection. Minimum height and width clearances will vary depending upon the compaction equipment. b. Appearance: All commercial property owners shall maintain, clean, and largely shield from view all commercial solid waste collection equipment SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 7 OF 16 Legal Department Report — May 26, 2010 from public streets by walls, fences, earthen berms, or evergreen landscaping forming an opaque, attractive sight barrier. All such barriers shall comply with all applicable city ordinances, requirements and/or limitations, including location and height. No commercial collection location shall be on a public right of way unless an appropriate variance is granted by the ACHD. No commercial collection location shall block pedestrian traffic. Existing commercial solid waste collection sites shall be largely shielded from view within three (3) years of the effective date hereof. c. Frequency Of Collection: Service will commence on a daily basis, except Sunday, at five o'clock (5:00) A.M. Additionally, public and private schools, even though they are often located in residential areas, will be serviced between five o'clock (5:00) A.M. and seven o'clock (7:00) A.M. for safety reasons. The frequency of service is at the customer's option, except that all regular service customers, and customers generating wet or putrescible wastes, shall be collected no less than once per week. Temporary and on call services, not generating wet or putrescible wastes, must receive at least monthly service, unless the city determines another minimum service interval is appropriate, considering protection of the environment and public health and safety. C. Residential Premises: 1. Type of Service: Franchisee shall utilize a fully -automated solid waste collection system to all residential premises in the city of Meridian, including multi -family premises of four (4) or fewer units that choose such service. 2. Frequency Of Service: Collection of residential solid waste shall occur once per week, and every other week for collection of recyclable materials, on the day specified by franchisee, or as otherwise provided by rules and regulations established or adopted by city council. 3. Wheeled Carts: Franchisee shall provide to each customer one (1) wheeled cart, in the size specified by the customer, for collection of solid waste, and one (1) wheeled cart for collection of co -mingled recyclable materials, if requested by customer, as part of the customer's residential solid waste collection services. Extra carts may be obtained from the franchisee for an additional fee as established by city rate schedule. The base rate charged for residential solid waste service shall be determined according to the largest cart size ordered. The rate change based on a cart exchange goes into effect upon cart delivery. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 8 OF 16 Legal Department Report — May 26, 2010 4. Wheeled Cart Set Out and Bring In: Wheeled carts shall be placed at the curb or alley for collection no later than seven o'clock (7:00) A.M. on the regularly scheduled day, but no sooner than the evening prior to collection. Customers shall relocate their empty carts back to a location within five feet (5) of their home within twenty- four (24) hours of being serviced. Collection Location of Wheeled Cart: Customers shall place wheeled carts containing solid waste or recyclable materials to be collected by the franchisee at the alley or street curb on collection day. Carts shall be placed with the handle facing the premises and at least three feet away from obstructions including, but not limited to, other wheeled carts, mailboxes, fire hydrants, low hanging trees or shrubs, parked cars, portable basketball hoops, utility poles, walls, and any other obstructions which may impede automated collection. In no case shall a wheeled cart be placed more than four feet (4) from the curb for collection. Wheeled carts shall be positioned clear of pedestrian and vehicular traffic and shall be clearly visible and accessible to the waste collection personnel at all times. Where a collection truck cannot reasonably access an alley or street curb, franchisee shall designate an accessible location where customers are to place wheeled carts on collection day. Except as otherwise set forth herein, collection personnel shall not be required to pass through any doors or gates, cross flowerbeds or lawns, go through hedges, or place themselves in any situation which could jeopardize their health or safety. 6. Replacement of Wheeled Cart: Franchisee shall replace a wheeled cart when it is no longer functional or when determined by franchisee to be unsafe for further use. 7. Franchisee Responsibilities: When the franchisee encounters improperly prepared solid waste, such as overweight wheeled carts, waste which is too tightly packed to fall from the cart, Christmas trees with stands or ornaments, etc., the franchisee shall collect any properly prepared waste and leave the improperly prepared material. The date and service address shall be noted on the notice. The franchisee shall keep a copy of this information and supply a copy to the city upon request. D. Residential Multi -Family Premises: 1. Types of Service: a. Multiple -family dwellings of four (4) or fewer units may use either residential premises fully -automated solid waste collection service or solid waste collection service provided to commercial premises as set forth in this chapter. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 9 OF 16 Legal Department Report — May 26, 2010 b. Multiple -family dwellings of five (5) or more units shall use solid waste collection services provided to commercial premises as set forth in this chapter. 4-1-9: SPECIAL COLLECTION SERVICES AND STANDARDS: A. Special Collection Services: ADA (Americans With Disabilities Act) Service: Upon request, franchisee shall convey wheeled carts from a residence to the curb for customers who have a disability and where no other person that can provide this service resides at the residence. Though this service shall be provided at no charge, the regular residential solid waste collection fee shall apply. Customer should contact franchisee with questions regarding carryout service for appliances and bulky wastes; additional fees may apply. In order to qualify for carryout service, the customer must submit to the City Utility Billing Services office an application in the form required by that office, with a written certification from a licensed physician verifying that the customer has a physical or mental disability and certifying that the safety or health of the customer requires such service. The customer must further certify that there is no other person in his or her household available to provide this service. Customers utilizing this service shall store wheeled cart(s) in unlocked areas clearly visible to franchisee personnel from the street or alley from which typical collections are made. The area to be entered by franchisee personnel shall not contain any animal or unsafe condition. 2. Appliances: Franchisee shall collect major appliances upon customer request and shall deliver the appliance to a recycling facility. Franchisee shall charge a fee for such special collection as established by city rate schedule. Customer must drain all moisture and water and remove all solid waste and food products from refrigerators, freezers or other appliances prior to collection by franchisee. Franchisee shall not enter any building or structure to remove the appliance or other item. Customer shall convey appliances to the curb for collection. Upon collection, franchisee shall ensure that refrigerants and compressor oils contained in the appliance, if any, are recycled according to applicable regulations. 3. Bulky Wastes: Franchisee shall collect bulky wastes upon request. Franchisee shall not enter any building or structure to remove bulky wastes. Customer shall convey bulky wastes to the curb for collection. Franchisee shall charge a fee for such special collection as established by city rate schedule. 4. Missed Collection, Late or Improper Placement: Customers with questions about or to report missed collection should contact the franchisee. Customers who put their wheeled carts at the alley or curb after franchisee's collection truck has serviced their area, or who did not place the wheeled cart in the SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 10 OF 16 Legal Department Report — May 26, 2010 proper location, may store the solid waste and/or recyclable materials until the next regularly scheduled day for collection or contact the franchisee to request special collection services. Franchisee may charge a fee for such special collection as established by city rate schedule. 5. Waste exceeding specified weight, size, and/or collection frequency guidelines. The franchisee may provide to customers, as available, a special collection service to collect solid waste and/or recyclable materials, including yard waste, in an amount that exceeds specified guidelines for weight, size and/or collection frequency, where customers request such special collection service and pay the applicable fees as established by city rate schedule. Excess solid waste and recyclable materials scheduled for special collection shall be prepared for collection in such manner as franchisee or city council may require. B. Special Collection Standards: 1. Animal Feces: All animal feces must be securely contained in a leakproof bag or container before being placed in a container or cart for routine collection. Containers and carts containing unbagged feces will not be collected. 2. Dead animal remains. Customers discarding of dead animal remains in an amount exceeding twenty- five (25) pounds shall break down the carcass and place it into sturdy plastic bags and into a lidded, airtight and watertight receptacle. 3. Infectious waste. Customers discarding of infectious waste shall sterilize, package, or otherwise process the infectious waste so that it may be collected without hazard to collection personnel and/or the general public. 4. Used Motor Oil: Used motor oil shall be placed in leakproof, non-opaque, unbreakable, plastic jug or bottle with a capacity of two (2) gallons or less, with a screw -on lid. Such jug or bottle shall be clearly labeled "OIL," and shall contain no other fluids. Used motor oil shall be placed near, but not in, a wheeled cart on the designated collection day. Collection of used motor oil shall be limited to two (2) gallons per Customer per week. 5. Yard Waste; Trees, Branches: All trees, branches, boughs, and organic garlands should be cut to four feet (4') or less and bundled prior to disposal within a container or wheeled cart. 4-1-10: PROHIBITIONS: A. Accumulation Of Solid Waste: It shall be unlawful for any person to dump, or to permit or to suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 11 OF 16 Legal Department Report — May 26, 2010 owned or occupied by such person, any solid waste so as to cause such yard, lot, premises, or the street, alley or sidewalk adjacent thereto, to be or remain in such condition as to cause or create a nuisance or offensive odor or atmosphere or harbor vectors, or thereby to be or to become, or cause or create, a public nuisance, within the limits of the city, except that: 1. Waste resulting from construction activities may be accumulated at an active construction site. The waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties. All waste must be removed and disposed properly from the site prior to the end of the construction project. 2. Compost piles may be maintained for fertilization purposes and matter used for fertilization purposes only may be transported, kept and used, provided, that the same shall not be maintained so as to cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety. B. Burning And Dumping: It shall be unlawful for any person to burn, incinerate, bury, dump, or in any other manner dispose of solid waste or recyclable materials within city limits. C. Disposal Of Waste: It shall be unlawful for any person to throw, discard or deposit any solid waste or recyclable material in or upon any street, alley, sidewalk or vacant ground, or in or upon any canal, irrigation ditch, drainage ditch or other water source within city limits. D. Failure to Utilize Containers or Wheeled Carts: Except as may be allowed by the special collection provisions of this code and administrative rules and procedures established or adopted by city council for same, it shall be unlawful for any person to leave solid waste or recyclable materials at the curb for collection in any receptacle other than a franchisee -supplied container or wheeled cart. E. Prohibited Wastes. Except as may be allowed by administrative rule or procedure established or adopted by city council, it shall be unlawful for any person to deposit or relinquish for collection or disposal any prohibited waste as defined herein. Customers who create or accumulate prohibited waste shall make appropriate arrangements to properly and safely collect and dispose of such waste. F. Overloading Containers or Wheeled Carts: It shall be unlawful for any person to load a container or wheeled cart beyond its maximum volume or weight capacity, or in a manner which is unstable or likely to cause damage, cause littering, or impact the public health or safety. Customers shall be responsible for damages, SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 12 OF 16 Legal Department Report — May 26, 2010 costs, expenses, fines or penalties, including tickets issued to franchisee for overweight vehicles, arising out of customer failure to observe weight limits. The maximum permissible gross weight of a loaded container or wheeled cart shall be as follows: G. Solid Waste Collection: It shall be unlawful for any person to engage in the business of collecting, transporting, hauling, or conveying any solid waste or recyclable materials over the streets or alleys of Meridian, or to cause or employ any person to do the same, unless and until such person has a franchise, license, or contract with the city of Meridian, except that: 1. The actual producer(s) of solid waste, or the owner or occupant of the premises upon which such waste is generated, may collect, convey and dispose of such waste without a franchise, license, or contract with the city, so long as the container used for such purpose is not identical in volume and design to a container available from the franchisee. 2. A civic, community, benevolent, or charitable nonprofit organization that collects, transports and markets source separated materials for recycling, for the purpose of raising funds for that organization shall not be required to obtain a franchise, license or contract with the city. 3. A construction contractor or landscaper who produces incidental volumes of solid waste in the course of construction, demolition, or landscaping may collect, convey, and dispose of such waste from the premises upon which it was generated without a franchise, license or contract with the City, so long as the container used for such purpose is not identical in volume and design to a container available from the franchisee. In such a case the franchisee shall be responsible for providing collection containers and hauling all solid waste from the location. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 13 OF 16 Wheeled Cart Front Load Container Rear Load Container Roll -Off Container 35 -gallon 125 pounds - - 65 -gallon 225 pounds - - 95 -gallon 330 pounds - - - 2 cubic yards - 1,400 pounds - - 3 cubic yards - 2,000 pounds 2,400 pounds - 6 cubicyards_ - 4,000 pounds - 5,000 pounds 8 cubic yards - 5,000 pounds - 5,000 pounds 10 cubic yards - - - 5,000 pounds 20-40 cubic yards - - - 17,000 pounds G. Solid Waste Collection: It shall be unlawful for any person to engage in the business of collecting, transporting, hauling, or conveying any solid waste or recyclable materials over the streets or alleys of Meridian, or to cause or employ any person to do the same, unless and until such person has a franchise, license, or contract with the city of Meridian, except that: 1. The actual producer(s) of solid waste, or the owner or occupant of the premises upon which such waste is generated, may collect, convey and dispose of such waste without a franchise, license, or contract with the city, so long as the container used for such purpose is not identical in volume and design to a container available from the franchisee. 2. A civic, community, benevolent, or charitable nonprofit organization that collects, transports and markets source separated materials for recycling, for the purpose of raising funds for that organization shall not be required to obtain a franchise, license or contract with the city. 3. A construction contractor or landscaper who produces incidental volumes of solid waste in the course of construction, demolition, or landscaping may collect, convey, and dispose of such waste from the premises upon which it was generated without a franchise, license or contract with the City, so long as the container used for such purpose is not identical in volume and design to a container available from the franchisee. In such a case the franchisee shall be responsible for providing collection containers and hauling all solid waste from the location. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 13 OF 16 Legal Department Report — May 26, 2010 H. Taking Of Solid Waste Or Recyclables: All solid waste and recyclable materials placed for collection shall be owned by, and shall be the responsibility of, the customer until collection. Upon collection, all solid waste and recyclable materials shall become the property of the franchisee. It shall be unlawful for any person to take, examine, uncover, snoop in, separate, gather, collect or salvage materials deposited in wheeled carts or containers except with the express permission of the owner or occupant. I. Theft Of Collection Services: It shall be unlawful for any person, except for the owner or occupant, to place or deposit any materials in a wheeled cart or container provided for the use of a specific residential or commercial premise. It shall be unlawful for any person to place solid waste or recyclable materials in a wheeled cart or container provided for the use of a specific residential or commercial premise where such waste or material is not generated at such premises. 4-1-11: NUISANCE DECLARED: Failure of an owner or occupant of any commercial, residential, or multi -family premises to receive regularly scheduled adequate solid waste collection service is herein declared a public nuisance by the city. The city shall have the authority to order the abatement of such nuisance at the expense of the owner or occupant of the premises. This shall not limit the right of the city or the owner to seek recovery against other responsible persons. 4-1-12: SITE PLAN FOR COMMERCIAL OR RESIDENTIAL MULTI- FAMILY NEW CONSTRUCTION OR REMODELS: A. Customers are responsible for obtaining plan approval from the city for all proposed solid waste storage and collection areas. This requirement shall apply whenever new construction or remodeling occurs on commercial or residential multi -family premises. Site plan approval shall be based on the following requirements: 1. All commercial containers must be placed on a firm, level surface pad of concrete or asphalt at least three inches (3 ") thick. Customers shall accept the risk that asphalt surfaces may sink or become uneven or unserviceable; 2. The surface pad must beat least twelve feet (12') wide by ten feet (10') deep for solid waste collection, and seventeen feet (IT) wide by ten feet (10') deep if other waste activities are occurring (i.e., grease collection, recycling); 3. Gates must be constructed to rest in an open position to avoid swinging shut during pick up; SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 14 OF 16 Legal Department Report — May 26, 2010 4. The site shall provide adequate turning space for the waste collection vehicle. "Adequate turning space" shall mean a minimum turning radius of forty five feet (45'); 5. The site shall provide adequate space to allow the collection vehicle to back up a distance of at least fifty feet (50'); and 6. The site shall provide at least fourteen feet (14') vertical clearance and twelve feet (12') width drive clearance. Additionally, front load containers must have at least twenty feet (20') vertical clearance at the container. Customers are required to remove any vertical height obstacles. B. Site plan submissions shall include an accurate plan of the entire area for which service is to be provided. The plan shall be drawn accurately, at a scale adequate to show clearly all the following data: 1. Lot lines; 2. Existing and planned buildings; 3. Proposed collection location and sight shielding; 4. All existing and planned sidewalks, curb cuts, drives, parking spaces, landscaping, freestanding signs, posts, poles (i.e., streetlight, telephone, and electric poles), and other structures that may affect solid waste collection; 5. The location of all public rights of way, fire hydrants, sidewalks, and public transportation stops located on the premises and/or adjacent to the premises; and 6. Adjacent structures, including distances to nearest residential areas. 4-1-13: FRANCHISES; LICENSING; CONTRACTING; BOND: A. The mayor and council shall have the sole authority to select and approve all persons who shall enter into a franchise or license agreement; contract to perform any or all services pertaining to sanitary collection and disposal under the provisions of this chapter, including but not limited to collection of solid waste and recyclable materials, to establish reasonable fees; and to establish reasonable rules and regulations governing the conduct and operation of such franchisee, licensee or contractor. B. The council may require of any such franchisee, licensee, or contractor a bond in a reasonable amount, and the condition of which shall be the satisfactory performance of the contract. SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 15 OF 16 Legal Department Report — May 26, 2010 4-1-14: PENALTY: The violation of any of the provisions of this chapter or the rules and regulations adopted hereunder shall be a misdemeanor. 4-1-15: REGULATORY CONSISTENCY: This chapter shall be construed to assure consistency with state and federal laws, rules and regulations, and other provisions of this code. Section 2. That this Ordinance shall be in full force and effect beginning on July 5, 2010. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2010. APPROVED: TAMMY DE WEERD, MAYOR ATTEST: JAYCEE L. HOLMAN, CITY CLERK SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 16 OF 16 Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Legal Department Report: Discussion - Motor Vehicle Inspection and Maintenance Program Joint Powers Agreement MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MWLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS COPY MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM JOINT POWERS AGREEMENT WHEREAS, Idaho Code Sections 67-2328 through 2333, provide for certain joint powers and activities between public agencies within the state of Idaho Department of Environmental Quality; WHEREAS, Idaho Code Section 39-116B, provides for the implementation of a motor vehicle inspection and maintenance program in certain areas when certain conditions are met. If an airshed, as defined by the Department of Environmental Quality (DEQ), within a metropolitan statistical area, as defined by the United States office of management and budget, has ambient concentration design values equal to or above 85% of a national ambient air quality standard for three consecutive years and DEQ determines air pollutants from motor vehicles constitute one of the top two emission sources contributing to the design value of 85%, then DEQ is required to promulgate a rule that establishes minimum standards for a motor vehicle inspection and maintenance program for that area. Additionally, DEQ is required to provide the county commissioners and city councils within the area, with a due date of 120 days, the option to (1) enter into a joint exercise of powers agreement to develop a standardized inspection and maintenance program, or (2) propose to DEQ to implement an alternative motor vehicle emission control strategy that will result in emissions reductions equivalent to that of a vehicle emission inspection program. If DEQ determines that the emissions reductions of the alternative motor vehicle emission control strategy are not equivalent, or no equivalent reductions are proposed, DEQ or its designee shall implement a motor vehicle inspection and maintenance program; WHEREAS, DEQ determined the Treasure Valley metropolitan statistical area met the conditions under Idaho Code Section 39-116B. As a result, DEQ promulgated a rule establishing the minimum standards for a motor vehicle inspection program, IDAPA 58.01.01.517 through 525, Rules for the Control of Air Pollution in Idaho. Ada county and the cities of Boise, Eagle, Star, Garden City and Meridian have chosen to enter into this joint exercise of powers agreement with DEQ; WHEREAS, the county and cities signatory to this Agreement desire to continue to implement and administer the existing motor vehicle inspection and maintenance program established in 1984, updated in 1991 and 1999, recognized in the Northern Ada County Carbon Monoxide Limited Maintenance Plan, 67 Fed. Reg. 65713 (October 28, 2002), incorporated in 40 CFR Sections 52.670(c) (city and county ordinances) and 52.670(e) (nonattainment area plans), and updated again in December 2009. The existing program was established pursuant to a document entitled, Automotive Inspection and Readjustment Program Joint Powers Agreement, a true and correct copy of which is attached hereto as Attachment A. The Agreement provides for the establishment of an Air Quality Board to operate the program. The Air Quality Board adopted emissions testing rules and regulations, and Ada County, and the cities of Boise, Eagle, Star, Garden City and Meridian adopted enforceable ordinances that require emissions testing; NOW, THEREFORE, the undersigned hereby agree to the following terms and conditions of this Agreement. Term. The term of this Agreement shall commence on the date of execution as evidenced by the fmal signatory and remain in effect until either DEQ or the county and cities signatory terminates the agreement. DEQ, Ada County and the cities of Boise, Eagle, Garden City, Star and Meridian agree to work cooperatively to ensure motor vehicle inspection and maintenance testing now and in the future meets all legal requirements. 2. Idaho Code Section 39-116B and IDAPA 58.01.01.517 through 525, Rules for the Control of Air Pollution in Idaho. The Air Quality Board created under Attachment A, Ada County and the cities of Boise, Eagle, Garden City, Star and Meridian, shall adopt such rules or ordinances as necessary to ensure the requirements of Idaho Code Section 39-116B and IDAPA 58.01.01.517 through 525 are met. 3. Funding. Idaho Code Section 39-116B(2)(g) provides the fee for a motor vehicle inspection shall not exceed $20 per vehicle. The fee must cover the costs necessary to run the program and fund an air quality public awareness and outreach program. The county and cities signatory agree to fund a public awareness and outreach program. 4. Enforcement. Each public agency, through execution of this Agreement, agrees to the enforcement of said ordinances, where applicable, within its respective jurisdiction. Each public agency shall ensure compliance with Idaho Code Section 39-116B(4), relating to providing information to the Idaho Transportation Department. 5. Adoption. This Agreement shall therefore be executed and adopted by each public agency in accordance with all applicable statutory requirements. An action of the Board shall be subject to compliance with all state and federal laws applicable to municipalities and counties within the state of Idaho. 6. Exchange of Information. The county and cities signatory and DEQ agree to share information and work together to ensure a high level of customer service to members of the public. Ada County hereby agrees that DEQ will send testing information to those motor vehicle owners with a City of Kuna mailing address. 7. Subject to the limits of liability specified in the Idaho Tort Claims Act, county and cities signatory shall indemnify and save and hold harmless DEQ from and for any and all losses, claims, actions or judgment for damages or injuries to persons or property or losses and expenses caused by or incurred by county or cities signatory, their servants, agents, employees and independent contractors or any other person, firm, partnership, company, corporation or association hired, retained or employed by city or counties signatory to perform or to do any act or thing herein required of county or cities signatory. CI'T'Y OF S By: -- David H. Bieter, Nwyor DATED: 6/8/1 ATTEST: ra ;i6City C erk CITY OF GARDEN Y By: John Evans, Mayor DATED: CITY OF MERIDIAN CITY OF EAGLE I0r Michael Huffaker, (Acting) Mayor DATED: CITY OF STAR Nathan Mitchell, Mayor DATED: By: Tammy de Weerd, Mayor DATED: ADAC TY COMM TONERS By: By: red Tilman DATED: I�7 5 I DA' By: Rick Yzagu e DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: t Toni Hardesty, Director DATED: ( 0 / d �c� CITY OF BOISE By: David H. Bieter, Mayor DATED: CITY OF GA N Y By: Jo Evans, ayor DATED: W)ay of CITY OF MERIDIAN By: Tammy de Weerd, Mayor DATED: ADA COUNTY COMMISSIONERS By: Fred Tilman DATED: By: Rick Yzaguirre DATED: CITY OF EAGLE By: Michael Huffaker, (Acting) Mayor DATED: CITY OF STAR By: Nathan Mitchell, Mayor DATED: By: Sharon M. Ullman DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: Toni Hardesty, Director DATED: CITY OF BOISE Bv: David H. Bieter, Mayor DATED: CITY OF GARDEN CITY Bv: John Evans, Mayor DATED: CITY OF EAGLE By: Michael Huffaker, (Acting) Mayor DATED: CITY OF STAR By: Nathan Mitchell, Mayor DATED: CITY OF MERIDIAN ,���y of M'J�/,Q''%, By: e Tammy dee rd, Mayor = sEAL DATED: ' �(p ,� aha ADA COUNTY COMMISSIONERS By: By: Fred Tilman Sharon M. Ullman DATED: DATED: BY: Rick Yzaguirre DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: Toni Hardesty, Director DATED: CITY OF BOISE By: David H. Bieter, Mayor DATED: CITY OF GARDEN CITY By: John Evans, Mayor DATED: CITY OF MERIDIAN By: Tammy de Weerd, Mayor DATED: ADA COUNTY COMMISSIONERS By: Fred Tilman DATED: By: Rick Yzaguirre DATED: CITY OF EAGLE By: Michael Huffal cting) Mayor DATED: CITY OF STAR By: Nathan Mitchell, Mayor DATED: By: Sharon M. Ullman DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: Toni Hardesty, Director DATED: r CITY OF BOISE By: David H. Bieter, Mayor DATED: CITY OF GARDEN CITY By: John Evans, Mayor DATED: CITY OF STAR By: _ Nathan Mitchell, Mayor DATED: CITY OF EAGLE By: , Michael Huffaker (Acting) Mayor DATED: CITY OF MERIDIAN By: Tammy de Weerd, Mayor DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: Toni Hardesty, Director DATED: STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 North Hilton • Boise, Idaho 83706 • (208) 373-0502 November 5, 2010 The Honorable Tammy de Weerd City of Meridian Mayor's Office 33 East Broadway Avenue Meridian, Idaho 83642 Re: Vehicle Inspection and Maintenance Program Idaho Code Section 39-116B Dear Mayor de Weerd: C.L.'Butch" Otter, Governor Toni Hardesty, Director Enclosed please find, for your records, a copy of the Motor Vehicle Inspection and Maintenance Program Joint Powers Agreement executed by all cities, Ada County Commissioners and myself. Thank you for your cooperation. Sincerely, �r Toni Hardesty Director TH:ra Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 12B ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: MDA 08-002: Approval of Second Amendment to the Development Agreement Dated February 17, 2006, Filed March 7, 2006 (Instrument No.106034786): Request to Modify the recorded Development Agreement for Volterra Subdivision and Create a New Development Agreement for a Mixed Use/Commercial Employment Area by Primeland Development Company v cA MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 2612010 ITEM NUMBER: 10C PROJECT NUMBER: ITEM TITLE: Joint Department Discussion: Legal, Planning, Police and Clerks Office Discussion Regarding Non -Traditional Retail/Service/Drinking Establishments and Considering Developing Specific Rules/Guidelines Regarding Issuing Permits MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: Ordinance No. - iaa,70 Approving Property Exchange to Complete Property Boundary Adjustment with the Western Ada Recreation District at Storey Park MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 2 BOISE IDAHO 06102110 02:14 PM DEPUTY Vicki Allen III IIIIIIIIIIIIIIIIIIIIIIIIiIIII I(III RECORDED -REQUEST OF 110050977 Meridian City CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AUTHORIZING THE EXCHANGE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED AT 213 AND 215 EAST FRANKLIN ROAD IN THE CITY OF MERIDIAN (AT STOREY PARK), LYING IN THE NW 1/4, SECTION 18, T.3N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO. THE TRANSACTION EXCHANGES DEEDS AS PART OF A PROPERTY BOUNDARY LINE ADJUSTMENT AT THE SITE OF THE MERIDIAN COMMUNITY SWIMMING POOL, OWNED BY THE WESTERN ADA RECREATION DISTRICT, AND STOREY PARK, OWNED BY THE CITY OF MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that the property be offered for exchange, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, exchange any city -owned real property pursuant to terms which shall be a matter of public record; and, WHEREAS, on the 2nd day of June, 2009 the Meridian City Council declared its intent at a public meeting of the City Council to exchange the real property in order to clean up the property boundaries and further instructed the City Clerk to establish and notice a public hearing to consider the exchange; and, WHEREAS, on February 11, 2010, the City of Meridian Planning Department approved the proposed property boundary adjustment, file No PBA -10-001, subject to certain terms including the requirement that deeds be executed and recorded to accomplish the property boundary adjustments as approved; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on May 26, 2010 and at the conclusion of such hearing, the City Council moved to approve the exchange, subject to certain terms and conditions. ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 1 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed exchange was held at the May 26, 2010 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the proposed exchange is in the City's best interest and that the deeds should be executed and recorded to finalize the proposed property boundary adjustment. Section 3. That the City Council has reviewed and approved the Agreement for Exchange of Real Property, attached hereto and incorporated herein, and the real property exchange is expressly conditioned on the terms contained in the attached Agreement. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the exchange agreement, deed, and any other documents necessary to complete the exchange authorized by this Ordinance. Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this2(0 (0 day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 20 day of 2010. .1/ 0 APPROVED: MAYOR ATTEST: ���` MElgj �•�` SppR,q ti ''• r Fo CIT ERK - SEAL 1 `r q �o ,�OUN-T 'irir,1"I 100"��` ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 2 of 2 Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Ordinance No. 0- Junk Vehicles, Weeds, and Other Nuisances MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. f '1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING CHAPTER 3, TITLE 4, MERIDIAN CITY CODE, REGARDING WEEDS; REPEALING CHAPTER 4, TITLE 4, MERIDIAN CITY CODE, REGARDING ABANDONED OR INOPERABLE VEHICLES; REPEALING AND REPLACING CHAPTER 2, TITLE 4, MERIDIAN CITY CODE REGARDING JUNK VEHICLES, WEEDS AND OTHER NUISANCES: DEFINITIONS, NUISANCE CONDITIONS PROHIBITED, RESPONSIBLE PARTY, ABATEMENT OF NUISANCES, APPEAL, FAILURE TO ABATE, PENALTIES FOR VIOLATION, LEGAL ACTION, HINDERING AUTHORIZED PERSON, SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 50-334, the City of Meridian is empowered to declare what shall be deemed nuisances, to prevent, remove, and abate nuisances at the expense of the parties creating, causing, committing, or maintaining the same, and to levy a special assessment on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the City for the cost of abating the nuisance; WHEREAS, the provisions of the City Code of the City of Meridian regarding nuisance require an update to address nuisance conditions common to our community today, provide for more effective deterrence of such conditions, and effectively recover taxpayer expenses that are spent to abate such nuisances; WHEREAS, as of July 1, 2010, pursuant to Idaho Code section 49-1819, the state code provisions regarding the definition and removal of abandoned vehicles will preempt municipal regulation thereof, though junk vehicles are still appropriately addressed in the nuisance provisions of City Code; and WHEREAS, the City Council deems it to be in the best interest of the health, safety and welfare of its citizens to revise the existing ordinances relating to nuisances, particularly the nuisance conditions presented by unattended weed growth, so as to better regulate and govern the safeguarding of life and property from the risks of fire and other hazards to health, safety, and property that are associated with such nuisances within the community; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Chapter 3, Title 4, of the Meridian City Code shall be repealed. Section 2. That Chapter 4, Title 4, of the Meridian City Code shall be repealed. Section 3. That Chapter 2, Title 4, of the Meridian City Code shall be repealed and replaced with the following language: JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 1 of 7 TITLE 4 PUBLIC HEALTH AND SAFETY CHAPTER 2 JUNK VEHICLES, WEEDS AND OTHER NUISANCES 4-2-1: DEFINITIONS: A. JUNK VEHICLE: Any vehicle, or parts thereof, which: 1. Cannot be safely operated under its own power; 2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rear view mirrors, windshield wipers, or adequate fenders; 3. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or 4. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition. B. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. C. WEEDS: Undesirable plant growth, whether living or dead, that is unkempt, unsightly, deleterious and/or injurious to the public. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. 4-2-2: NUISANCE CONDITIONS PROHIBITED; RESPONSIBLE PARTY: A. Nuisance prohibited. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any nuisance on such property, or upon any street, sidewalk or public right of way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Prohibited nuisances shall specifically include, but shall not be limited to, the following conditions and/or matter: 1. The proliferation and/or growth of weeds which: a. Are over eight inches (8") in height; b. By reason of size, manner of growth, location, or dryness, constitute a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; or c. Are designated as noxious weeds by the state of Idaho. 2. One (1) or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to Title 11, Meridian City Code, except as to junk vehicles stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise. JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 2 of 7 3. Noise from any radio, television set, loudspeaker or other device that disturbs the peace and quiet of a residence, except as otherwise allowed by permit or law. 4. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition. 5. Refuse, vegetable decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition. 6. Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property. 7. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises. 8. Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property on account of increased fire hazard or otherwise. B. Responsible party. Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment role, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. 4-2-3: ABATEMENT OF NUISANCES: A. Notice and Order to Abate. If it is determined by a code enforcement officer that a nuisance exists on any property, the code enforcement officer shall cause a notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of such property. Such notice and order shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The code enforcement officer shall issue such notice and order to the owner, occupier, or person in control of the property on which the nuisance exists in one of the following ways: 1. By personal service upon such owner, occupier, or person in charge or control of the property; or JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 3 Of 7 2. By regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment role, or as otherwise known; or 3. By posting such notice and order at a conspicuous place on the property and publishing one (1) notice in the official newspaper of the City that the property has been posted in accordance with this Chapter and ordering the owner, occupier, or person in charge or control of the property. B. Time period for abatement. It shall be the duty of the owner, occupier, or person in charge or control of any property where any nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication. The code enforcement officer may require summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. 4-2-4: APPEAL: Within five (5) calendar days from the. date of service, mailing, or publication of the notice of violation and order to abate, the owner, occupier, and/or person in charge or control of the subject property may appeal to the City Council by filing a written appeal with the City Clerk, which appeal shall enumerate the grounds for appeal. The City Clerk may schedule such appeal for hearing at the next regular meeting of City Council. City Council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the City Council shall be final. If City Council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered. 4-2-5: FAILURE TO ABATE; PENALTIES FOR VIOLATION; LEGAL ACTION: A. Criminal penalties. Any person who causes, creates, or allows the existence of any nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue shall be deemed a separate offense. Upon conviction for a violation of this chapter, the City shall request from the criminal court an order of restitution for any and all costs of abatement and/or other related costs incurred by the City. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this Chapter. B. Civil penalties. In addition to any other penalties described in this Chapter, the City may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. C. Abatement; administrative penalties. In addition to pursuing criminal and/or civil penalties, and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code enforcement officer, after providing notice and hearing as provided herein, may abate or cause the abatement of any nuisance where the owner, occupant, agent or person in control of property does not comply in all respects with an order to abate a nuisance, the code enforcement officer may abate or cause the abatement of such nuisance. JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 4 of 7 The owner, occupier, and/or person in charge or control of the subject property shall be billed, assessed, and/or held responsible for any and all actual expenses of such work, and any related charges, including fees and fines that may be imposed pursuant to this Chapter and/or adopted by fee schedule, pursuant to the following procedures: 1. Recovery of abatement costs and fees. Within thirty (30) days of abatement of the nuisance, the City shall send to the owner, occupier, and/or person in charge or control of the subject property, by regular mail, a billing statement requiring payment to City the costs of abating the nuisance and administrative fee as established by fee schedule. 2. Nonpayment of abatement costs. If full payment is not made to City within fifteen (15) days of the mailing of the billing statement requiring payment of abatement costs and fees, the City may: a. Attempt to recover such amount through the City bill collection procedures; and/or b. Levy a special assessment against the subject property pursuant to Idaho Code sections 50-1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice of the special assessment shall be sent by regular mail to the owner of the subject property, and shall state the address and parcel number of the subject property, date of abatement action taken, and state the amount to be assessed, including any applicable administrative and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the assessment will be placed on the real property tax rolls and will become a lien against such property. If payment to the City Clerk is not made within thirty (30) days after mailing the Notice of Special Assessment, the assessment shall be declared delinquent and shall be certified, including a ten (10) percent late fee, to the Ada County assessor by the City Clerk, not later than August 1 of each year. Upon such certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other City taxes. Upon payment of the assessment, fees and penalties in full, the City Clerk shall file a Release of Lien with the Ada County assessor. C. Summary abatement. Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. D. Noxious weeds. In addition to other remedies set forth this chapter, the code enforcement officer shall notify Ada County of the presence of any noxious weeds. JUNK VEHICLES, WEEDS AND oTHERNUISANCES ORDINANCE PAGE 5 of 7 4-2-6: HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City official or employee to enter upon private or public property to enforce the provisions of this Chapter. 4-2-7: SEVERABILITY: The provisions of this Chapter shall be deemed severable, and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. Section 4. That this ordinance shall be effective immediately upon its passage and approval. PASSED by the City Council of the City of Meridian, Idaho, this 2 day of 2010. -7 PPROVED by the Mayor of the City of Meridian, Idaho, this (.;0:� of 2010. APPROV ATTEST: Tammy d / erd, Mayor _ le, J5j L:j 's cbCb City Clerk JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 6 of 7 Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 11 C PROJECT NUMBER: ITEM TITLE: Ordinance No. t0 - Discharge of Firearms MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. od BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPLACING TITLE 6, CHAPTER 3, SECTION 10 OF THE MERIDIAN CITY CODE, REGARDING FIREARMS AND DISCHARGEABLE INSTRUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code section 18-3302J(4) authorizes cities to adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries, so long as such ordinances do not apply to or affect the lawful discharge of firearms in defense of persons or property, or on a sport shooting range; and WHEREAS, the City Council of the City of Meridian finds that regulating the discharge of firearms and other dischargeable instruments within the City of Meridian will serve the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 3, Section 10 of the Meridian City Code shall be repealed, and replaced with the following: 6-3-10: FIREARMS; DISCHARGEABLE INSTRUMENTS: A. Definitions. For purposes of this chapter, the following terms shall be defined as follows: 1. FIREARM: A weapon or instrument used in the propulsion of shot, shell, bullets, or other projectile by the action of gunpowder exploded within it. 2. DISCHARGEABLE INSTRUMENT: An instrument used in the propulsion of shot, BB, pellet, blow dart, or other projectile through the action of release of a pressurized gas, compressed air, expanding gas, accelerant, spring, or other force -producing means including, but not limited to, air rifles, spring guns, wrist rockets, air -soft guns, BB guns, pellet guns, paintball guns, rockets having a propellant charge of more than four ounces, bows, compound bows, cross -bows, and recurve bows. B. Prohibition. No person shall discharge any firearm or dischargeable instrument on public or private property within the City. C. Exceptions. 1. Nothing contained in this section shall be construed to modify or affect State laws or City ordinances governing the discharge of fireworks. DISCHARGE OF FIREARMS ORDINANCE PAGE 1 of 2 2. The prohibitions of this section shall not apply to a person lawfully discharging a firearm or dischargeable instrument at a lawfully permitted paintball shooting facility or at a sport shooting range as defined in Title 55, Chapter 26 and Title 67, Chapter 91, Idaho Code; nor shall the prohibitions of this section be construed to modify or affect the application of state and local laws regarding such activities or facilities. 3. The prohibitions of this section shall not apply to a police officer acting in the course and scope of his or her duties. 4. The prohibitions of this section shall not apply to a person acting in the lawful defense of person or persons or property. 5. The prohibitions of this section shall not apply to a person discharging a starter pistol or other instrument designed and operated as a noise maker only. 6. The prohibitions of this section shall not apply to a person discharging a firearm or dischargeable instrument for ceremonial purposes, including, but not limited to, military honor guard activities, where such person is first expressly authorized in writing by the Police Chief or his designee to do so and is acting within the time, place, and manner as specified in such written authorization. The Council shall reserve the right to approve or disapprove or revoke and terminate the use which tends to create a hazard or would be otherwise detrimental to the public safety. D. Penalties. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor. Each day on which a violation is committed shall be deemed a separate offense. E. Severability. If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. Section 2. That this ordinance shall be effective immediately upon its passage and approval. ASSED by the City Council of the City of Meridian, Idaho, thisae day of 2010. PPROVED by the Mayor of the City of Meridian, Idaho, this 2� day of 2010. APPRO- ®"M''ATTEST: Tammy d eerd, Mayos SEAL a c e E. Holman, City Clerk 9 -CID 1Cb DISCHARGE OF FIREARMS ORDINAI '(,'®U� �P� �`�\` PAGE 2 of 2 Meridian City Council Meeting DATE: May 26, 2010 ITEM NUMBER: 12A PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 67-2345(1) (c) - To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS