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HomeMy WebLinkAbout2001 08-21 .. .. .. .... .... .... .. .. .. ........ .. ....... .I' .. .. .. .... ......... .. , ", , '" , :: '<', ,', '" ,'<, ", , " " :", , ~ ,~': -,',;',' : -" ,; " , " , " ~ :: ~ ~ ~ ~ ~~ .. .. ........ ~ ~ ~ ~ ~ ~ ... ~ ~~~ ~ ~~ ~ ~ ~ ~ ~ ~ .... .... .... .... .... .. .. ...... ~ ~ .. .. .. .. .. ...... .. .... .. CITY OF MERIDLkN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 21, 2(11, at 6:30 P.M. City Council Chambers 1. Roti -calf Attendance; =OWN Weerd Cherie McCandless S Mayor Robert Corrie 2. Adoption of the Agendas. 3:n Consent Agenda, Ron Anderson Keith Bird A. Approve minutes of July 10, 2001 City Council W:')r1cshop: cr�ja���e- B. Approve minutes of July 17, 2007 City Council Regular Meetwing.,' &A?JOROv� C. Approve minutes of July 24, 2�0'I City Cou ncil Regular MeetingD cv�apnpv.v D -w Approve minutes of august 6, 2001 City Council Speci"'aE Meeting: allll�p�o�� E. Approve minutes of August 8$ 20Q1 City Council Special Meet1& ing: 617rz�)Vz(a.I F. Tabled from August 8, 2001,04 Fond0ings of Facts and Conclusions oawf Lfor Approvalls CIDP 0 1-0l 8 Request for the continuation of a threeanyear CUP granted in January 1997 for modular buildings in �n L 0 zone for the Meridian Assembly of God by Meridian Assembly of God —1830 North Linder Road: Com`! 6�=� G. Tabled from August 8, 2001: !Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 379.42 acres from RUT to R-4 and C -G zones for a planned development consis#ing of residential, office and commercial uses for proposed BrIdgetower Crossing pe Subdivision by Pr0imeland Development Company — 2420 UstIbek Road: 7tA,� H. Tabled From August 8, 2009: Findings of Facts and Conclusions of Law dor Approval: PP 0 '9 -005 Request for Meridian City C ou nc'161 Agen d a - August 21, 20M Pie 1 d5 All materials presented at public meetings shall become property of the City of MeMi'an. Anyone d esiring accommodation for d Isabil ifies related to documents and/or hearings, please contact the City ClerWs Office at 888,4433 at Least 48 hours prior to the public meeting. 40 Preliminary Plat approval of 336 building lots and 58 other lots an 175. 91 acres i n pro posed R-4 and C %&G zo n es for proposed raidgetower Crossing, Subdivision by Pnmeland Development Company — north of Ust'l'ck and east of Ten Mile Roads: jF eom&' 6& I. Tabled from August 81 2001: Findings of Fac and Conclusions of Law for Approval.• -CUP Q1-Oa6 Request for a Conditional Use Permit for 6192 single-#amity dots, 59 townho es, 17 office Tots and 10 commercial lots an 370.55 acres in proposed R-4 and C"G zones for proposed Brnidge�tower Grassing Subdivision by Primeland Development Company — north of UsUck and east of Ten Mile Roads: "ell*. tar 40 6". J. Findings of Facts and Conclusions of Law for Approval: AZ 01-008 Request for annexat'ton and zoning of 12.77 acres from R1 and RUT to ClAkG and R40 zones for proposed Baltic Place 0 Subdivision by L.C. Development, Inc. —Franklin Road weal of Locust Grove fiRoad. hv&l K. Findings ofFacts end Conclusions of Lavv for Approval.* P6' D1-009 Request for Preliminary Play approval of 10 building lois and 3 other fiats on 12.71 acres �n proposed C -G and Rsm40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. Franklin Raad west of LocustGrove Road:— J, FP4 ;V7 cori L, Findings of Facts and Conclusions of Laver for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Co ercial in proposed Cdo 0 G and R-40 zones for proposed Baliic Place Subdivison by L.C. Development, Inc. s- Franklin Road west of Locust Grove Road: J -elp? 7 MN Findings of Fads and Conclusions ot Law for Approval: PFP 011w001 Request for Preliminary/Final plat approve! of 4 building Tots on 4,,94 acres in a I rof osed IveL zone for proposed Seven Gaffes industrial Subdivision by Dakota Company —southwest corner of Commercial and Machine Avenue, east of Nola Road: W. Findings oa,.. and Conclusions of aw for pprova C 0704fl01 Request for a vaca ion of the 20 -foal utility easement between lois 1 and 4 of Block 2 of Sue's Subdivision or the construction of a four -plea by Sunrise Engineering — 551 West Idaho Avenue: �f O. Findings of Facts and Conclusions of Lam for A rovalm. CUP 0 1-422 Request for a Co nd itiona I Use Permit for the co nstruction of a four -plea family dwelling unit in an Rew15 zone for Sue's Meridian City Council Agenda v- August 21, 2000 Page 2 of 5 All materials presented at public meeUngs shall become property of the City oF Meridian. Anyone desirin accommodation for &sabilifies related to documents andlor hearings, please contad the City ClerWs Office 8t 888-4433at Imt 48 hours prior to the public meeting. Subdivision Block 2, Lot 1 by Charles J. Eldredge — 551 West Idaho Avenue: e������ P. Findnings of Facts and Conclusions of Law dor Approval: PP D1 -D13 Request for Preliminary Plat approval of fi building lots on 9.66 acres in a proposed R-4 zone for proposed The Lakes at Cherry Lane No., 10 by Steiner Development, Inc. -- west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street: ��� � Q.FiFindings of Facts and Conclusions of Law for Approval: CUP 0'f-023 Request for a Conditional use Permit for the construction of a metal warehouse with an office in an lw*L zone for High Bridge Office by Robneft Construction, Inc. -- 1380 East Commercial Avenue: %� �v� R. Findings of Facts and Conclusions of Law for ApprovaApproval:CUP 01m020 Request for a Conditional Use Permit to develop a 2,500 square -foot sales building f(or a recreafional vehicle safes lot in an I- L zone for Bodily RV by Gary Bodily — northeast corner of East Overland Road and South Linder Road,. &Iel,e S. Approve B141 so 4. Department Reports..: A. Treasurer's Department — Janice Smith: �. Fiscal year 2001 Budget Amendment Revised: B. Public Works Department Gary Smith. I. Fire Hydrant Replacement Project -- did Results: az " Ve. i�u-�- 2. Meridian School District —Water and Main Easements: 3. Honor Park Subdivision —Property Purchase: 4,w 2441 Fire yvdraint Replacement Project — Award of Contract: 5. WWTP Master Survey Agreement for Professional Services: 6. WWTP Clarifier No, 3 Re -coating Project -- Agreement dor Professional (Inspection) Services: Meridian City Cound I Agenda — August 21, 2000 Page 3 of 5 All matedhals presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents ancilnr headngs, please contact the City Cleffs Office at 8$&4433 at lust 48 hours prior to the public meeting. 6-w (Items Moved from Consent Agenda) &o� fi. Tabled from August 8, 200'x: FP 01 1m007 Request for Final Plat approve! of 36 bui'ld'ing tots and 2 other lots ort 10,.66 acres in an R%m4 zone for dear Creek Subdivision Na 2 by Briggs Eng ineering � east of South Stoddard and sough of West C)verland Road.,. �� �� 7. Tabled from August 8, 2001 an FP 0 1-0 1'I Request for Final Plat approval of 43 building lots and 5 other lots on 15,.87 acres in an R-4 zone for Bear Creek Subdivision No. 3 by Briggs Engineering — east of South Stoddard and south of West Overland Road: � 4 edI 810 Continued PublicHeannfgram July 39 2001; RZwP00=006 Request for Rezone of 1U.04 acres fro -III R-8 to CIPWN for proposed Linder Crossing by Stubblefield Development — southeast corner of Cherry Lane and Linder Road.. al4pp?eF1010r��e lie��2.r� 9. Continued Public Hearing from August 8, 2001a CUP 0 'i -D '[0 Request for a Conditional Use Per[ it for a freeubstanding coffee but with drive -thio in a proposed C"G gone for proposed Mnxie Java by TJBJ, Inc. — X975 East Fairview: PN I4. Conti nued Pu b9�c Hearing from August 8, 2A07: VAR 01-008 Request for a variance for the reduction of fiwo required parking spaces for ox�e Java by TJBJ, Inc. — '1975 East Fairview: 4VI 7' 11. Pubic Hearing. PP 01-010 Request for Preliminary Plat approval of 18 building lots and 2 other lois on 91.57 acres in R4 and COWN zones for proposed Cherry Crossing by Albertson's Inc. —northwest corner of N orthLin der Road end West Cher .ane: 12. Public Hering: CUP 01o*016 Request for a Conditional Use Permit for single-family and drug sfore wth nve-thru eel pumps, office/re d fast foal in R-4 and proposed C -N pones for ro osed Cherry Crossing by — Albertson's Inc. northwest Corner of North Linder Road and West Cherry Lane: 93. FP 01-01e� Request for Final Plat approval of 20 build*ing lots 2nd 22 other fats on 10-.32 acres in an R-4 zone for Bear Creek Subd�vision No. 4 by Briggs Engineering —east of South Stoddard Read and north of West Victory Road: 'k4. TE 01w4007 Request for a Time Extension for one-year for the Final Plat I& 4L originally approved on A u st 1, 2000 for Olsen Bush Il by R2 Development, Inc. —north of Franklin Road and west of Eagle Road: V� 7 4V 0110� 2wom. Meridian City Council Agenda -August 27, 20 04 Frage4ofS AN materials presented at public meetings shall become property of the City of Meridian. Anyone desinng accommodation for disablifties related to documents and/or hearings, please contact the City Clerk's Office at 88&4433 of least 48 hours prior to the public meeting. '[5. AP 0 1-0 0 Request to Appel a stop wo rk order for Wa It Morrow by Walt Morrow"*w 2340 West Franklin Read: We),CeIL -� �e�OA4�. 16. V�aier, Sewer and Trash Detinquencies: Meridian City C o und I Agenda — August 21, 2000 Page 5 of 5 All materials presented of public meetings shall become property of the City of Meridien. Anyone desiring accommc>d on for disabilities related to documents andlar hearings, please contact the City ClerWs Office at $88-4433 at least 48 hours prior to the public meeting. T f ii} Z 1 I l 1 �1 CI'I'Y 01F MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 21, 2001, at 6.w30 P.M. City Council Chambers �. Roll -call Aftendanceft X Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of July 10, 2001 City Council Approve Workshop0 : B. Approve minutes of July 17, 20Q1 City Council Regular Meeting: Approve C. Approve minutes of July 24, 200't City Council Regular Meeting: Approve D. Approve minutes of August 6, 2001 City Council Special Meeting: Approve E. Approve minutes of August 8, 2Q01 City Council Special Meeting: Approve F, Tabled from August 8, 2001; Findings of Facts and Conclusions of Law for Approval; CVP 0 10 18 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an L -O zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road.. Table until September 4, 20U1 Meeting G. Tabled from August 8, 200'i : Findings of Facts and Conclusions of Law for Approval. AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and GG zones for a planned development consisting of residential, office Meridian City Council Agenda - August 21, 20 00 Page 1 of 5 All materials presented at public meetings sha11 become property of the City of Meridian. Anyone desiring c om mod abon for disabilities related to documents andlor hearings, please contact the City C lerk's Office at 888-4433 at least 48 hours prior to the public mee4ing. and commercial uses for proposed Br'ldgetower Crossing Subdivision by Primeland Develop ent Company — 2420 Ustick Road: Table unt'll September 4, 200'i Meet4ing H. Tabled from August 8, 2001W Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.9lacres in proposed R-4 and C -G zones for proposed Op Br"dgetower Crossing Subdivision by Primeland Development Company —north of Ustick and east of Ten Mile Roads. Table until September 4, 2U01 Meeting I. Tabled from August 8, 200'1: findings of Facts and Conclusions of Law for Approval: CUP OlwO06 Request for a Conditional Use Permit for 692 single-family Pots, 59 townhomes, 17 office lots and 10 commercial lots on 37q.55 acres j n proposed R-4 and C -G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company —north of Ustick and east of Ten Mile Roads -0. Table unt'll September 4, 200'i Meeting J. Findings of facts and Conclusions of Law for Approval. AZ 01=008 Request for annexation and zoning of 12.7'[ acres from R1 and RUT to C -G and R-40 zones for proposed Baltic Place 06 Subdivision by L.C. Development, Inc. — Frankluin Road west of Locust Grove Road: Table until Septe ber 4, 2001 Meeting K. Findings of Facts and Conclusions of Law for Approval: PP D1 -Q09 Request for Preliminary Plat approval of 10 building Pots and 3 other lois on 12.7'f acres in proposed C -G and R-40 zones for proposed Baltnic Place Subdir►ision by L.C. Development, Inc. — Franklin Road west of Locust Grope Road: Table until September 4, 2001 Meeting L. Findings of Facts and Conclusions of Law for Approvals. CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mi xed use Residential/Commercial i n proposed C- G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. -- Franklin Road west of Locust Grove Road., Table until September 4, 2001 Heeling M, Findings of Facts and Conclusions of Law for Approval: PFP 0i-001 Request for Preliminary/Final Pkat approval of 4 building lots an 4.94 acres in a proposed I -L zone for proposed Seven Gates Industrial Subdivision by Dakota Company -- southwest Meridian City Council Agenda - August 21, 20 00 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior is the public meeting. corner of Commercial and Machine Avenue, east of Nola Road: Table until September 4, 2001 Meeting N, Findings of Facts and Conclus'P ions of Law for Approval,,: VAC 01-007 Request for a vacation of the 20 -foot utility easement _. between lots 1 and 4 of Block 2 of Sue's Subdivision for the construction of a fourkmplex by Sunrise Engineering — 551 West Idaho Avenue: Approve O. Findings of Facts and Conclusions of Lary for Approval: CUP 01m022 Request for a Conditions[ Use Permit for the construction of a flour -plea family dwelling unit ire ars R-15 zone for Sue's Subdivision Block 2, Lot 1 by Charles J. Eldredge -- 557 West Idaho Avenue: Approve P. F'ind'ings of Facts and Conclusions of Law for Approval: PP 01-013 Request for Preliminary Plat approval of 6 building lots on 1,.66 acres in a proposed R-4 zone for proposed The Lakes at Cherry Lane No. 10 by Steiner Development, Inc. — west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street: Approve QU Findings of Facts and Conclusions of Law for Approval*. CUP 01-023 Request for a Conditional Use Permit for the construction of a metal warehouse with an office in an Im,L zone for High Bridge Office by Robneft Construct*ion, Inc. — 1380 Easy Commercial Avenue: Approve R. Findings of Facts and Conclusions of Law for Approvals. CUP 01w020 Request for a Conditional Use Permit to develop a 2,500 square -foal sales building for a recreational veh'i'cle sates lot in an I- Lzone for Bodily RV by Gary Bodily — northeast corner of East Overland Road and South Linder Road: Approve S. Approve Bills; Approve 4. Department Reports; A. Treasurer's Department — Janice S1-q1q1'1*thn. 1. Fiscal year 2001 Budged Amendment Revised. Approve B. Public Works Department —Gary Smith: Meridian City Ca u n ci I Ag enda,-- Aug u st 21, 200Q P e3cf5 All materials presenter) at public meetings she)! become property aF the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or h earings, please contact the City Clerk's Office at 888-9433 at least 48 hours prior to the pubic meeting. i 1. Fire Hydrant Replacement Project —Bid Resultsqb. Approve and award BoItterro 2. Meridian School District —Water and Main Easements: Approve 3. Honor Park Subdivision Property Purchase: Approve 4. 2001 Fire Hydrant Replacement Project — Award of Contract: Approve 5. WWTP Master Survey — Agreement for Profiessional Services: Approve 6. VVWTP Clarifier No,. 3 Re -coaling Project —Agreement for Professional (Inspection) Services: Approve 5. (Items Moved from Consent Agenda) 6, Tabled from August 8, 2401: FP 01-007 Request for Final Play approval of 36 building lois and 2 other lots on 10.66 acres in an R-4 zone for Bear 06 do Creek Subdivision No. 2 by Briggs Engineering —east of South Stoddard and south of West Overland Road: Approve 7. Tabled from August 8, 204'1; FP 01-01 1 Request for Final Plat approval of 43 building lots and 5 other lots on 15.$7 acres in an R-4 zone for Bear Creek Subdivision No.. 3 by Briggs Engineering — east of South Stoddard and south of West Overland Road: Approve 8. Continued Publelc Hearing from July 3, 2001:0 RZ**00**005 Request for Rezone of X0.04 acres from R-8 to CmN for proposed Linder Crossing b y Stubblefield Development — southeast corner of Cherry Lane and Linder Road: Approve request to withdraw application 9. Continued Public Hearing from August 8, 2Q01: CUP 01-010 Request for a Conditional Use Permit for a free-standi*ng coffee but with drivemthru IP in a proposed CftG zone for proposed Moxie Java by TJBJ, Inc. — 1975 East Fairview: Attorney to prepare F'indi'ngs of Facts and Conclusions of Law for approval with Conditions 10. Continued Public Hearing from August 8, 2Q07: VAR 01-008 Request for a variance for the reduction of two required parking spaces for Moxie Java by TJBJ, Inc. — 1975 East Fairview: Attorney to prepare Findings of Facts and Conclus*ions of Law for approval with Conditions Meridian Calty Council Agenda,-,, August 21, 2000 Page 4 of 5 AI ! materials presented at public meetings s h a I I b ec om e property af the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contaeE the City C lerk's Office at 88 &4433 at least 48 hours pn'hor to the public meeting. 11. Public Hearing. PP Qi -0'10 Request for Preliminary Plat approval of 18 building lots and 2 other lois on 11.57 acres in R44,4 and Cm,*N zones for proposed Cherry Crossing by Albertson's Inc. —northwest corner of North Linder Road and West Cherry Lane: Attorney to prepare F indings of Facts and Conclusions of Law for Approval 12. Public Hearing: CUP 01-016 Request for a Conditional Use Permit for 4 single-family and drug store with d(ivepwthru fuel pumps, office/retail and fast food in R-4 and proposed C -N zones for proposed Cherry Crossing by Albertson's Inc. northwest corner of North Linder Road and West Cherry Lane,,.. Attorney to prepare Findings of Facts and Conclusions of Law for Approval 13. FP Q1-014 Request for Final Plat approval of 20 building lots and 22 other lots on 10.32 acres in an R-4 zone for Bear Creek Subdivision No. 4 by Briggs Engineering —east of South Stoddard Road and north of West Victory Road: Approve 94. TE Q1-007 Request dor a Time Extension for one-year for the Final Plat originally approved an August 7 , 2000 dor Olsen Bush II by R2 Development, Inc. —north of Franklin Road and west of Eagle Road: Approve to August 'I, 2002 15. AP 01-00 Request to Appeal a stop wank order for Walt Morrow by Wali Morrow — 2340 West Franklin Road: defer to September 4, 2001 Meeting 16. Wafer, Sewer and Trash Delinquencies: Approve Meridian City C o u nd I Ag end a - August 21, 20E}0 Page 5 of 5 All materials presenter! at public meetings steal[ become property of the City of Meridian. Anyone desi 0 n g accommodation for disabilities relateii to documents and/or hearings, please contact the C fty Clerk's Office at 8833 at least 48 hours prior to the public meeti&44ng. Meridian City Council Meetinq Aug_ust 21, 200'[ The regularly scheduled meeting of the Meridian City Council was called to order at 6.0 30 P.M. on Tuesday, August 21, 2001, by Mayor Robert Corrie. Members Present: Mayor Corrie, Ran Anderson, Cherie McCandless, Keith Bird, and Tammy de Weerd. Others Present: Gary Smith, Shari Stiles, B1*11 Nichols, Dave Bowman, Janice Smith, Stacy K'11chenmann, Ken Bowers, To Kuntz, Tara Green, and W'111 Berg. Idem 1. Roll -cal[ Attendance: X Tammy de Weerd X Cherie McCandless X Ron Anderson X Keith Bird X Mayor Robert Corrie Corrie: I'm going to just go from Tuesday, August 21St at 6:30 P.M. attendance please. the City Council Regular Meeting Agenda for At this time, City Clerk 1*f you'll give the roll call Item 2. Adoption of the Agenda. Corrie: Thank you. I want to welcome everyone here this evening. Thank you for being here.. It's kind of a nice right tonight. At least it's not 102 degrees out there. With the competition with the state fair and all��1111!sefl thfancy rides, I'm glad to see you all here tonight. (Inaudible dIt Ill iscussion amongst Council members) Corrie: We have Number 2 on the adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On the agenda, on the Consent Agenda we need to -- which we will do at the proper time, but G, H, I, J, K, L, M needs to be tabled unci{ the next meeting. On the Regular Agenda, Item No. 8 we have a leiter requesting that we take it completely off of the agenda. With that I would make a motion that we adopt the agenda as stated. Anderson: (Inaud*lble), Corrie: That's Seven Gates. Okay 1*S there any other staff comments? Yes, Shari. Meridian City Council Meeting August 2'E, 2001 Pg. 2 St'lles: Mr. Mayor and Councl*l. I was wondering if we had new findings for Item F. Last time we talked about having a condition in there about them removing the buildings after three years or applying for anew Conditional Use, Permit. De Weerd: It's not on there. Stiles: No new findings? (Inaudibly discuss41 ion amongst Counci'l members) Bird: No, I didn't. I didn't pull that but we can. De Weerd: Yes. Bird: Seeing how it hasn't been seconded agenda to also include the tabling of [tem F Conclusions of haw can be loomed at. Corrie: Okay, any other changes? De Weerd: No I second hIII I& is motion, Corrie: Mrs. de Weerd. I'd re - adopt my adoption of the so that the Findings of Facts and Mr. Mayor., De Weerd: Ido have a question on Item No. 8 that's being -- request to be pulled. Pulled to another date or withdrawn? Bi : Completely off -- Anderson: Withdrawn. De Weerd: They're withdrawing their application.?I& Anderson: Yes., Corrie: Any other questions? Hearing none 111 have a motion for the chair to approve the adoption of the agenda as changed. All those in favor say aye-. MOTION CARRIED: ALL AYES Idem 3. Consent Agenda: A. Approve minutes of July 10, 2001 City Council Workshop: B. Approve minutes of July 17, 2001 City Council Regular Meeting., Meridian City Council Meeting August21,2001 Pg., 3 C dp Approve Minutes of July 24, 20U'€ City Council Regular Meeting: D. Approve minutes of August 6, 2Q01 City Council Special Meeting: E. Approve minutes of August 89 200'[ City Council Special Meeting: F. Tabled from August 8, 2001: Findings of Facts and Conclusions of Law for Approval: CUP U1-018 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an Lo -.,O zone for the Meridian Assembly of God by Meridian Assembly of God — 1830 North Linder Road: G. Tabled from August 8, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and GG zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company — 2420 Ustick Road: H. Tabled from August 8, 20 01: Findings of Facts and Conclusions of Law for Approval: PP U'[ -p05 Request for Preliminary Plat approval of 338 building lots and 58 other lots on 175.9lacres in proposed R-4 and CffG zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company — north of Ustick and east of Ten Mile Roads: I. Tabled from August S, 2001: Findings of Facts and Conclusions of Law for Approvals. CUP U1 -p06 Request for a Conditional Use Permit for 692 single-family lots, 59 town hom es, 17 office lots and 10 commercial lots o n 370.55 acres in proposed R-4 and CMG zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company —north of Ustick and east of Ten Mile Roads: J. Findings of Facts and Conclusions of Law for Approval: AZ 0'[-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C,,,G and R-40 zones for Meridian City Council Meeti. ng August 21, 2001 Pg. 4 proposed Baltic Place Subdivision by L.C. Development, Inc. — Franklin Road west of Locust Grove Road,: K. Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acresin proposed C -G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. —Franklin Road west of Locust Grove Road: L. Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a 10 Planned Unit Development for mixed use Residential/Commercial in proposed C -G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. — Franklin Road west of Locust Grove Road.: M. Findings of Facts and Conclusions of Law for App.. oval: PFP 01-001 Request for Preliminary/Final Plat approval of 4 building lots on 4.94 acres in a proposed I -L zone for proposed Seven Gates Industrial S ubdivision by Dakota Companyouthswest corner of Commercial and Machine Avenue, east of Nola Road: N. Findings of Facts and Conclusions of Law for Approval: VAC OlwO01 Request for a vacation of the 20 -foot utility easement between lots 1 and 4 of Block 2 of Sue's IP Subdivision for the construction of a four-plex by Sunrise Engineering",,-, 551 West Idaho Avenue: O. Findings of Facts and Conclusions of Law for Approval: CUP 0'[-Q22 Request for a Conditional Use Permit for the construct'i'on of a four**plex family dwelling unit in an R-1 5 zone for Sue's Subdivision Block 2, Lot 1 by Charles J. Eldredge — 55'I West Idaho Avenue. pP.Findings of Facts and Conclusions of Law for Approval: PP 01-013 Request for Preliminary Plat approval of 6 building lots on 1.66 acres in a proposed R-4 zone for proposed The Lakes at Cherry Lane No. 10 by Steiner Development, Inc. —west and north of West Harbor Paint IP Drive, North Miranda Avenue and West Teter Street: Q. Findings of Facts and Conclusions of Law for Approval: CUP O1-023 Request for a Conditional Use Permit for the construction of a metal warehouse with an office in an I* -*L Meridian City Council Meeting August21,2001 Pg. 5 zone for High Bridge Office by Robnett Construction, Inc. — 1380 East Commercial Avenue: R. Findings of Facts and Conclusions of Law for Approval; CUP 01m,020 Request fora Conditional Use Permit to develop a 2,5Q0 square -foot safes building for a recreational vehicle sales lob in an 1,4L zone for Bodily RV by Gary Bodily — northeast corner of East Overland Road and South Linder Road: S. Approve Bl*llso. Corrie: The first Department Reports Treasurer's Department, Janice Smith. Bird: Mr. Mayor, we've got to do the Consenfi Agenda. Corrie: Oh, I'm sorry that's right we -- (inaudible). Okay, on the Consent Agenda we have Items A, B, C, D, and E. We also have N, O, P, Q, R, and S. Bird: Mr. Mayor. Carrie: Mr. Bird. Bird: I move that we approve the Consent Agenda as stated A, B, C, D, E, N, O, P, Q, R, and S approved. Anderson: Second. Corrie: How about S9. De Weerd: Yes, he said that. Bird: S, yes. Co rrie: Motion made and second. Any further discussion? Roll call vote Mr. Berg. Roll Call: Bird, aye; De Weerd,a er McCandless, aye; Anderson, aye. MOTION CARRIED: ALL. AYES Item 4. Department Reports: A. Treasurer's Department — Janice Smith: 1. Fiscal year 2001 Budget Amendment Revised: Meridian City Council Meeting August 21, 2009 Pg. 6 Public Works Department — Gary smith: 1, Fire Hydrant Replacement Project — Bid Results: Carrie: Now, Department Reports, Stacy. (inaudible discussion amongst Council members} G. Smith*. She's finishing up a report for you Mayor and Council. Corrie: Okay, if you'd like then we'll — G. Smith: Move to Public Works? Thank yo u The first item 1 have is bid results from our Fire Hydrant Replacement Project that we bid on August the 8 #h. Three 10 bidders were received for replacement of fire hydrants. Bitterroot Construction from Boise was the low bidder at 28, 900 dollars. Their bid was responsive to the requirements of the bid document. Public Works Department-ecommends award of the contract to them,. Bird: Mr. Mayor. Corrie: Mr. bird. Bird: I would move that we award the contract of the 2001 Fire Hydrant Replacement Project to Bitterroot Construction for the sum of 28,900 dollars for the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion been made and seconded.. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 2. Meridian School District — Water and Main Easements: G. Smith: Thank you Mayor and Council. The second item [ have is water and sewer main easements for the Meridian School Districts. We have two sets. One is for Mountain View High School. That's Sanitary Sewer and Water Main Easement to an around the high school. Second is a Water Main Easement around the Ponderosa Elementary School.. These easements have been 6.approved and signed by the Meridian School District and wIP ith ourlCty Attorney approval of a hold harmless language that the school district added, it's our recommendation to approve and sign these easements also. Meridian City Council Meeting August 21, 2001 Pg. 7 Corrie: Okay. Any discussion? De Weerd: l have none. Corrie: Hearing none, I'll entertain a motion. Anderson: Mr. Mayor. Corrie: Mr. Anderson.. Anderson: I would make a motion that we approve the easements with the school district and authorize the Mayor to sign and the Clerk to attest,, Bird: Second. Corrie: Motion made and seconded., of the motion say aye., MOTION CARRIED: ALL AYES Any further discussion? All those in favor 3. Honor Park Subdivision —Property Purchase: G. Smith: Thank you Council and Mayor. The next item I have is a request for a discussion and or approval for Public Works Department to purchase a small piece of property bordering the elevated dank site on the south side between the tank site and Water Tower Lane. Presently this piece of property is not being used. The developer Bill Hon is, its part of the Honor Park Sulldivision No. '[ . It was platted as a lot. Its lot 3 of block 2.. It shows on, i think you have in your packet a little copy of a map that shows the location of the lot. Presently the Water Department takes access to the elevated tank site on the south side of the Eight Mile Latera[ which is a ditch access, ditch maintenance access road., Zamzows is located between East First and the water tower site, water dank site. Sometimes their operations spill out onto that access road. It creates a problem for us to get access to the gate into the tank site. By purchasing this piece of property it would allow us access off the public right-of-way. We would change the location of the entrance into the tank site through the chainlink fence. We're going to need that access for maintenance of the tank when it's repainted. I spoke with Mr. Hon initially about an easement across there. He suggested that we look at purchasing the property. Originally he said that the Assessors Office had it valued at 1 think it was approximately 11 000 dollars. He went back to his partners and discussed the value of the property as far as selling it to the City. They dropped the cost to 8,800 dollars. i think that about all the information that I have on it. Do you have any questions? Bird: [ have none. Meridian City Council Meeting August 21, 2001 Pg. 8 Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we go ahead with the purchase of lot 3 black 2 Honor hI Subdivision from William Hon for the sum of 8,800 dollars and for the Mayor to sign and the Clerk to attest. McCandless: Second.. Corrie: Motion made and seconded to purchase the land at 8,80Q dollars.. Any further discussion? Hearing none all those in favor in the motion say aye. MOTION CARRIED: ALL AYES 5. WWTP Master Survey -Agreement for Professional Services: G. Smith: Thank you Mayor. Thank you Council. The next idem I have is an Agreement for Professional Services. This is with Civil Survey Consultants in Meridian. The project involves preparing a topographic map of our Wastewater Treatment Plank site that would accurately locate all of the features, all of the buildings, all the structure at the plant in relation to the exterior boundary. Also provide one -foot contours. This would help us immensely in planning of expansions at t he Wastewater Plant. We've been working off of existing drawings from 'f979 or 197$ when the plant was ariginalfy designed and built. The additions that have been made but we've never had an overall new plan prepared that accurately locates everything by coordinates and ground surface elevations also. This will help us in planning like I said earlier and situating new elements and some day when we're built out from the existing plant i*t will help us in expanding a new treatment facility. Civil Survey has been doing a fair amount of consulting work for us, providing professional engineering and land surveying. They in particular have prepared plans and bidding documents for our well houses, pump houses for our wails. They've done an excellent job. They're very responsive and their costs are very goad in that respects so it would be our recommendation to award a Master Survey Agreement for Professional Services with Civil Survey Consultants i*n Meridian for a not to exceed amount of 12,000 IP dollars, for the Mayor to sign and the City Clerk to attest. Bird: Mr. Mayor. Corrie: Mr. Bi rd. Meridian City Council Meetjng August 21, 2001 Pg. 9 Bird: I would agree with this but there's one -- I've got a question., 1 know what it means but the way this billing and stuff is, payment on a monthly basis when billed with an estimated cost not to exceed 12,000 dollars. Does that mean -- is that the total or it can't exceed 12,000 dollars a month? The way this is written? This has god to be changed, payment on a monthly basis is fine when billed but somewhere in here it's got to say complete job not to exceed 12,000 dollars. If you read this right they could bill up to 12,000 a month, if you read by this agreement. G. Smith: Well, we could add build with an estimated total cost not to exceed 12 000 dollars., (Inaudible discussIP ion amongst Council members) Bird: Estimated total cost?. G. Smith: Yes. Bird: Okay. G. Smith: Would that be appropriate Councilman Bird? Bird: Counselor says yes. With that Mayor I would move that we accept this agreement with Civil Survey Consultants incorporated for a Master Survey of the Wastewater Treatment Plant and for the Mayor to sign and the Clerk to attest with the change on basis of fee and billing schedule where it says when built with an estimated cost, it says estimated total cast not to exceed 'I2,000 dollars. De Weerd: Second. Corrie: Motion made and seconded. Any further discussion? Hearing none, all those in favor of the motion as stated say aye. MOTION CARRIED: ALL AYES 6. WWTP Clarifier No. 3 Re -coating Project — Agreement for Professional (inspection) Services: G. Smith: Thank you Mr. Mayor. Thank you Council. The last item I have is IP another Professional Service Agreement request. This is to provide an inspection of the recoating project of Clarifier No. 3 at the Wastewater Treatment Plant. This person is a Certified Coating inspector. They will oversee the removal of the existing surfacing of the operating mechanism in the clarifier and the recoating of the mechanism. It needs to be monitored closely because i*t is in a very aggressive environment and we want to make sure that the coating i s applied as specified. That's the reason to Dire this inspector to be on site and do Meridian City Council Meeting August 21, 2001 Pg. 10 that. His name is Dave John. He does business as Inspection Consulting d, Services International and he will provide the inspection on a time and material bas'i's not to exceed 2,000 dollars. It's our recommendation that City Council accept this agreement with Dave John and for inspection services at the Wastewater Treatment Plant recoating Clarifier Na. 3 on a time and material basis not to exceed 2,000 dollars. Corrie: Any discussion from Council? Bird: No. Anderson: E have none. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd,. De Weerd: I move that we approve the agreement with Dave Jahn, Inspection Consultant Services international for professional inspection services at the IP Wastewater Treatment Plant Clarifier Na. 3 recoating project an a time and aterial basis at 65 dollars per dour not to exceed 2,000 dollars and to authord' ize the Mayor to sign and the Clerk attest. Anderson: Second. Corrie: Motion made and seconded. Any further discussion . Hearing none, all those in favor of the motion stated say aye. MOTION CARRIED: ALL AYES Corrie : I believe we go back to Janice. Bird: Mr. Mayor before we go onto the next one, Gary, we had on these easements and stuff -- have we got an update on them.? De Weerd: For the White Drain? Bird: For the White Drain that we had got11 ? G. Smith: Our Consulting Engineer called me today and left me a voicemail. Bews has easements ready to sign. There are a couple of questions. I'm not sure what the extent of those questions are. I'm going to be in contact with Mr. Bows tomorrow on another matter. Young's — I'll start on the west. Young's I IP believe the infor ation that I have is that they will be in contact with us next week to resolve the easement. They'll sign tomorrow? Beck3sa ys the (11 sign tomorrow on the Young's' piece. Kevin Howell is the next property owner getting Meridian City Council Meeting August 21, 2001 Pg. 11 to Linder. The information That was relayed to me Today is that they will move forward with the signing of that easement getting to Linder Road on the east side of Linder Road the school district. We submitted the easement to the school district. I think you have a copy of a letter that was sent back to me. They're not willing to grant the easement without compensation. l can't recall the name c)f the next propeftili�,, owner but, to the easy of the school district, but they are -- Bird: Yorgenson? G. Smith: No. Bird: (Inaudible). G. Smith: [ want to say its Cooper but I'm not -- Bird: Cooper., G. Smith: They have located the sewer line in the field for Mr. Cooper in relation to his out buildings that he has back there. They're working out the details of that easement. There isn't a problem with that,, It's just getting the details of what's existing on the9 round tied into the language in the easement. Then to the east of the Mr. Howell will not discuss the project with us until his subdivision is resolved. We will move forward with placing the sewer line adjacent to the White Drain. That gets us to Meridian Road on the east side of Meridian Road. It's my understanding that Mr. Voigt has agreed to the easement alignment through his piece of property. From there to Locust Grove I'm not sure. The whole project is des'i'gned- Fifty percent of it is final designed. That's where I am. De Weird: Mr. Mayor. Corrie: Mrs. de Weerd., De Weerd, Gary, did you obtain a copy of the minutes of that meeting where the trustees talked about the easement? G. Smith: I have not. De Weerd: Okay. 1 see that as a big issue and one that needs to be addressed,, You know we're supposed to be forming partnerships and partner with the school district and this is not a goad sign on the direction that's tak'ing.- G. Smith: Right. I will make contact with them tomorrow and get a copy of their minutes. I don't know if they have verbatim minutes or if they summarize discussions. I don't know how they do that but I'll get what they have. Bird: We can ask for the tape. Meridian City Council Meeting August 21, 2041 Pg. 12 De Weerd: That and any literature that the trustees were given to summarize the request. G. Smith: Okay. De Weerd: Thank you. Bird: Thanks Gary,, G. Smith: You're welcome. A. Corrie: Mrs. Smith. Treasurer's Department —Janice Smith. 1, Fiscal year 2001 Budget Amendment Revised: J. Smith: Mayor and Council,, Sorry for the delay. i have another memo here that I speedily put on my computer but the printer was not cooperating so I'll hand that out. Bird: You got a spell checl(? ,i. Smith: As you see on here I was in such hurry I forgot to use my little spell check and I did this on Excel so if you would please overlook the spelling errors and look at the intent of the whole memo. [ did the memo just a quick overview. The Accounting Department, we did a Budget Amendment earlier in August because of the Police STEP increases. When we have a moment to look it over again, we recommend an additional amendment to the budges. We did check with AIC and looked at our governing manual and yes we can d c this. Two reasons are with the additional money we received from the Parks Department, tete 33,400 doliars. They've received 33,000 dollars extra in revenue and if we don't make the budget amendment, they are also over in their expenses, their contract labor and their payroll. That is because of these adult programs that they put in place. We were glad to seg that extra revenue come in. As you see the revenue came and it went. On the 33,000 dollars that pretty much explains that. The other revenue thate received additional revenue is 2 0 2,61 0 dollars is of the fain sharing money, the PERS[ gain sharing money which was a retirement Program. It's a credit that was given bac[c to the City !3il�'��1111111 we did n Dt have to spend any monies out on the PERSI City share for about three months which totaled to about 202,610 dollars. At this time the Accounting Department would like to use a portion of the funds to change our pay periods. Right now we have five days to get everything into the computer, actually from the department heads to payroll, minus two days because it has t(iii) 11111111)e t(11�111111) the 111111ank two days prior to the end of the month. That dives us three days to operate. If there's a r:.. Meridian City Cound'] Meeting August 21, 2001 Pg. 13 weekend we have one da)(. There's just not enough time so�1111) we ii��Duld like t o IP move the pay period back five days. This would give everyone additional time., The employees have more time, the department heads have more time, the Payroll Coordinator would have time to check the cards and maks the corrections before its electronically sent to the bank. Sometimes theta are errors then we have to matte corrections the following month. If we made this change, there would be five days lapsed that the employees would feel that five days change. We would like to therefore use some of this gain sharing money to get the employees by these five days, to make it painless and seamless and to accommodate them for the five days. Bird: Mr. Mayor,. Corrie: Mr. Bird. Bird: Janice, what this would do'ls we're going to go from the 20th to the 20th with our cheeks and they would be paid still an the last day of the month which gives us 10 or 11 days excluding weekends and holidays for the payroll. This additional money would be used to pay the employees, what we're basically doing is giving the m a five day wage bonus in September because the time cards will came in on the 20t" but they will be paid through the 25th as I understand. Is that right? J. Smith: The time card would be -- Bird: For September would come in the 20tH? 6 J. Smith: Yes. Bird. Okay but we would pay them through the 25th so that they don't lase a week or five days of work,,.? J. Smith: Yes, that's correct., Bird: That's where this money is going to pick up the excess that we have. Starting in October they will come i*n the 20t'' and they will be paid from the 20th of September until the 20th of October, right? J. Smith: Yes that's correct. That would give them a 30 -day -- Bird: So what this is, is just a one time? J. Smith: One time. Bird: Bonus that the Mayor needs to maks sure that all employees understand that. Meridian City Council Meeting August21,2001 Pg. 14 Corrie: We'll get a letter to them. J. Smith: Being a bonus this money would not be subject to PERSI so the City wouldn't have to pay a PERS1 amount. The only Thing that they'd be subject to is FICA. Bird: That's fine. J. Smith: The other three pages that I had here were just some backups on the detail. Did you have any other questions, Council? (Inaudible discuss1& ion amongst Council members) Anderson: t had one. If this is a budget amendment, the only thing you're showing is adding revenue. You're not showing expenditures. You're listing both of these as revenues. They need to also be shown as expenditures too. Bird: It'is, Ran. J. Smith: Yes, the expenditures are if you says was and the revised. It's broken out., The total change would be the 235,610 235,610 expend itu res going out. Bird: Mr. Mayor. Corrie: Mr. Bird. look on -- there's a page there that I didn't number my pages I'm sorry. in the revenues coming in and the Bird: Now this W1*11 go up for tete Public Hearing. We can't enact upon it tonight. J.Smiths Will and 1 went over this with looking at the calendar and looking at AIC 1& rules or governmental rules. There's two time periods we can do it. Do you have those written down Will? Berg: Mr. Mayor. Corrie: Mr. berg. Berg: Thank you Mr. Mayor, members of Council. We looked through some possibilities. What we're doing is canceling the Public Hearing for amending the budget for this fiscal year and moving it later on in the month of September. We still have to comply with Public Hearing dates and noticing. We do not have to have it with the next years budget hearing. We do that because it kind goes along with it but there's no state statute that requires that you do that. We would just start over again with the amendment of the budget Public Hearing notice and Meridian City Council Meeting August 21, 2001 Pg. 15 1& set a date as such. There are some possibilities of haying the Public Hearing on the 18 of of September whch iis a Regular City Council Meeting. Normally in the past there hasn't been too much public input about amending the budget. Or you can have 1*t in the last week of the month. Janice and I feel that maybe the 18th would give the cushion if there's any other questions or possi*bi*1ities, or you can set a special night to have it if you'd like. But, we figure those two days would give us the required time frame for noticing and setting up the meeting. I guess I would ask help from the attorney, if tonight we could approve phis tentative amended budget or if we would have to waif for next week at the other Council meeting. Nichols: Mr. Mayor, members of the Council. 1 think the only thing is you ]'oust need direction to your Clerk as to what goes into the notice because if you already had a notice published without this, we need this in there. So, just a direction to himit to include in the notice as part of the proposed amendment. Then I think that's good enough and you can go ahead and have your hearing on it and pass a resolut*ion. Bird: Mr., Mayor. Corrie: Mr., Bird. Bird: I believe that we need to have that before the 18ffi time cards to come in an the 20 t'' of September, right? So, before we can do that. The 18th of September gives us out? Mr. Mayor. Corrie: Mr. Bird. because we want the it needs to be passed t'i'me to get the notice Bird: I would make a motion that we include this revised budget amendment for fiscal year 200'1 in the existing budget amendment and for the Clerk to post the publl*c for a Public Hearing on September 18, 2001. Corrie: Okay. Motion's been made. De Weerd: Second. Corrie: Motion made and seconded., Anderson: Mr. Mayor. Corrie: Mr.. Anderson. Do I hear a second? Any further discussion? Anderson: i guess this is just a point of discussion. I mean to me, somebody's been thinking about this for a little while and there's been some thought gone into it but yet I haven't heard any discussions on this, f feel like -- PERS[ is already f Meridian City Council Meeting August 2'1, 2001 Pg., 16 given back gain sharing to all of the employees that are in the State Pension Plan and I feel like by giving the additional five days here, I feel like we're just adding additional bonuses on top of that. The City has so many other pressing needs, f feel like this is almost being thrown in at the last minute and hasn't been fully discussed. There probably could be lots of other options of things that could be done with this money,, I guess at this point, anti( there's more discussion I'm not in favor of just a last minute thing to throw in and something here to make it a little easier far Payroll. I'm still not sure exactly why five days i'sn'i enough time to adequately process that payroll. De Weird: Mr. Mayor. Corrie: Mrs. de Weerd'. De Weerd: [ believe this issue was brought uP a number of months ago, earlier this year. We got some information from staff on it. It indeed hasn't ever been discussed at a workshop but the information has been in front of us for discussion and information,. I felt comfortable with this coming in front of us tonight because isn't the first time we've seen it. Anderson: When you say it's not the first time we've seen if, I mean, the only thing we knew is that we were getting gain sharing,,, I had never seen a proposal to refund this to the employee's through giving them five days additions[ pay. Have you seen that somewhere before tonight?., De Weerd: I know I did see it on the payroll changes and I can't remember the specifics. J. Smith: It was in February. A memo went out, the money coming we would like to da with it. There was no workshop set up on it couple memos out in February. I still have them on my computer., Bird: Mr. Mayor. Anderson: The memos were asking for employee input or what? J. Smith: It was just sent to the Council, Mayor and Council. De Weerd: For direction. Bird: Mr. Mayor. Corrie: Mr. Bird. D n and what but ! sent a Bird: On the five days, as I said sometimes you've got a weekend in there and so you actually only get three days. Ron, you're familiar with checking timecards Meridian City Council Meeting August 21, 2001 Pg. 17 the same as I am. Very rarely out of 13 or 14 that I check they're all 100 percent that you don't have to go back and look the stuff over. So, you cut if down and thin by the time you cut all the checks and get everybody to signing, you are being pushed. As far as the spending of the money, [ know ids a little employee bonus and there are places we probably could use the $200, 000 but this is a fa ir way. I mean if you change your time, then you're going to have employees that are going to be short one week of pay in the month of October, or whichever month you start it, September or whatever. You're going to have chem five days short. I felt that and as Janice said, 1 couldn't remember what month it was. I thought it was March that she sent out the memo stating at that time had asked that looking into doing something like this, using this money to do it. I felt it was a good time to get our payroll dates changed and give our people a little more time to get them punched out., Corrie: This has been going on for quite a flew years. We're trying to get this changed. We didn't have any way of getting it done. When this was brought forward to me f could see that the benefit would be for the treasurer and also you've got employees that could benefit. It is a bonus for them but I think under the circumstances, coming into and time wise for accounting I think it would It probably be a good spending of the PERS1 money coming in. De Weerd: 1 just know that when the memo came out she did ask for any feedback and any of our thoughts. Actually at that ti me, you know this is PE RS I. This is PERS], it comes form the employees and it needs to be given back to the employees,, That was my opinion and that was my feedback at the time. I know we need money but we're not going to fake it out of our staff's pocket. Anderson: Lets correct something this isn't the employees money. This is the City's money that was paid to PERS1 that was an over payment that was refunded. The employees got back the porion that they paid. That was given back to them through a gain sharing and i's put into an account for them. This is different from what the employees money i's. Bird: But this was pai*d for the employees by the City. Anderson: By the City. Bird: It was part of their benefit package. This is part of their benefit pla�31o(age. Up until a couple of years ago, Ron when we came an here we were, except in a couple of departments we were way under, we had great benefit, we were way under on pay. We have got the pay up but this is a benefit. [ feel, like Tammy that ['m for giving it back to the employees. Anderson: I'm not saying that I'm opposed to using this money to somehow do something for the employees. I'm just saying 1 would have liked to have a chance to discuss some options. At this point, I fee[ like this is being thrown in at Meridian City Council Meeting August2l,2001 Pg. 18 the last hour here on us and as a budget amendment without really discussing all the options that are out there. Bird: Ron, 1 have to agree with you on i't being thrown in but we did have and her memos to us in the spring, I guess it was February, like I said I thought it was March. She asked at that time, we should have had a workshop on it. That's my fault for not having a workshop on if but I think this is, like the Mayor said since you and I have been an here we've discussed how we can get this payroll to the 20t�' to tl�ie 20th so it would give our bookkeeping people more time to get,the checks out, more time to get them signed,, ( think this is one way we can do it. Corrie: Any other comments, questions? J. Smith: Can a make a couple notes here? Corrie: Yes, Janice. J. Smith: With this 202,000 two th'i'rds of it would be payroll. There would still be about 69,000 that would still go into fund balance. If you don't use it, it will go all into fund balance. If we wait until the next year which is just a month later, the increasing with the new employees coming on and the COLAs at three percent,,. The increase at that time would be 13. We calculated it out 13,000 more in October. The sooner you keep putting it off, the more people that are coming in. Then you have pay increases, a lot of them are October first. Them you have the COLAs. That's another six percent increase,, We saw it there. We thought i*t was an opportunity okay leis change. We have the funds available, trying to find some funds. There may not be a chance to have any extra funds in the next year.. I was just trying to save some money doling it now in September instead of waiting until further on in the years. if we had time, we probably wish we would have gone back earlier in the year and kept bringing it up every month. Bird: Mr. Mayor,. Corrie: Mr. Bird. Bird: Janice, at what point have you shut off -- [ mean an employee coming on September 1st isn't going to get the five days? J. Smith: We calculated this on July's payroll. We did a cushion there of maybe a couple new officers because those positions were open but,. there's just a small cushion. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Council Meefibg August 21, 2001 Pg. 19 Anderson: Again, I just think there are probably a lot of other options out there. 1 mean I look at being a City employee one of the big weaknesses is what do you do for health care coverage after you leave employment of the City or ret'ire. I looked at maybe this money could be used as seed money that could maybe start some type of a fund that could be used to carry on health care costs or something like that'. I just feel Like there hasn't been enough discussion of what to do with this money and how it might be used to benefit everybody in the future,, I just feel like this is a spur of the moment Thing that's being thrown in here at the last but 1 will coli for the questions so lets vote for it, vote on it I guess. Corrie: Okay, the questions been called for. That closes the discussion so, lets have a roll cal! vote Mr. Berg. Roll Calf: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, Hoye. MOTION CARRIED: THREE AYES, ONE NAYE Corrie: We will notice it, if you will do that Mr.. Clerk. De Weerd: Mr. Mayor.. Corrie: Mrs. de Weerd. De Weerd: Ido think Councilman Anderson's point is well taken. It shouldn't be felt until the eleventh hour but staff did ask for feedback and I guess this is just one of those long things on a pending list that needs to be looked at in a more timely basis. Anderson: t think the feedback should have come from the employees too not just the Council because eeryfew of us that sit on the Council work under that retirement system. I would have liked to see the employees polled and probably got some pretty good ideas out of them as far as what to do with that money too. Corrie: We still might be able to do that that we can use somewhere in though. Okay moving on. J. Smith: Thank you. that Ron. There's approximately 100,000 in that basis. I think it's a good idea to look at Ite 5-a (Items Moved from Consent Agenda) Corrie: I believe we had some things pulled off the Consent Agenda. De Weerd. No,. Bird: We tabled everything,. Meridian City Council Meeting August 2'f, 2001 Pg. 20 Carrie: We tailed all of them? Bird: Yes. Nothing was pulled off. Corrie: i thought that's what you said but I wasn't sure that's what you meant. Okay. Well we've tabled everything and nothing left to do but to move forward then.. Item Fi. Tabled from August 8, 2001; FP 01-007 Request for Final Plat approval o�f 36 building lots and 2 other Iots IDII 1 0_F6 acres i n a n R- 4 zone for Bear Creek Subdivision No. 2 by Briggs Engineering — east of South Stoddard and south of West Overland Road: Corrie: item No. 6 tabled from August 8, 2001 is the request for Final Plat approval of 36 building lots and 2 other lots on 10.66 acres in an R-4 zone by Bear Creek Subdivision No. 2 Briggs Engineering east of South GID ddard and south of West Overland Road. Staff, 1 believe there's a question here an water. Am I correct, Gary? ***End Of Side One*** G. Smith: -- Council. We have three items on the agenda tonight that deal with Bear Creek Subdivision. Item Na. 6 is Bear Creek Na. 2. Item No. 7 is Bear Creek Subdivision No. 3. Item No. 13 is Bear Creek Subdivision No. 4. Bear Creek No. 1 is 128 lot subdivision previously approved by City Council. It is built and a plat is recorded [ believe. I don't believe any Building Permits have been requested at that subdivision yet. The developer's desire for Bear Creek No. 21 3, and 4 is to have City Council approve those subdivisions so that the development plans can go forward from my department where they are right now. They have been reviewed and approved so that the Public Works Department can write a letter to DEQ approving the plans, send the an to DEQ for DEQ approval which will in turn allow the developer to begin construction on those three segments of the subdivision, No. 2, 3, and 4. No. 2, 3, and 4 total 99 lots 1 believe. The conditioned approval of subdivision No. 1 was that we have presently enough water supply for that subdivision. Subsequent approvals of additional phases of Bear Creek was left to a point in time when we knew what the outcome of our production was for Well No. 22 which is being drilled or has been drilled in Bear Creek Subdivision in the park area. That well has been completed as far as drilling is concerned. It has been test pumped as of yesterday. We have a well in excess of 2,000 gallons per minute for production. It's an excellent well by all indications from the test pump. The developer has written, or the developer's representative has written a letter to your City Engineer Brad Watson. It was hand delivered to my office yesterday, Brad's on vacation now. The last sentence in his letter he states that no more than 130 Building I ermils will in 11e first three phases co) Bear Creek wi e requeste d f !. Meridian City Council Meeting August2l,2001 Pg., 21 prior to completion of well No. 22. That would be completion of the pump and pump house completed to the point where itis production well pumping into the system. I shared this letter with City Attorney Bill Nichols. Bill's opI& inion is that IP it's a reasonable request subject to the managing member of Bear Creek SLC, Greg Johnson signing the fetter, signing the agreement. City Engineer's letter of approval of the plans and a, as you would, a will serve letter for sewer and water would be stated in terms of total number of building lots that can be connected to the city system unt1*1 such time that Well No. 22 is pumping into our facility. The developer, I don't know whether I mentioned it before but the developer's intent in all this is to be under construct'i'on, get under construction for these other, at least the other two phases, two and three before, get them constructed before winter,. That's their request. I don't know that [ have any other comments to make. I don't know, approval of the Final Plats in anyway obligates us to provide service and 1 discussed this with Bill with their submittal of an agreement that they would not request any Building Permits beyond those that were allowed i*n the first phase at Bear Creek. I believe that Bill felt that it did nor obligate us with a singed agreement from the developer. 1 believe they could still sell the lots but there just wouldn't be any Building Permits issued for the lois. Maybe even the lob sales would be restricted to eliminate any confusion between someone that would purchase a tot expecting to be able is get a Building Permit and then not be'i'ng able to. It would probably be best to restrict the sale of the lots too. Nichols: Mr. Mayor. Carrie: Yes, Bill? Nichols: Mayor, members of the Council. This situation will be unique in that the well is already dug. As a result of the pump test, the final tweaking of the drawings and specifications with regard to the pump facilities and the pump house itseif. They now have the data or the information necessary to complete that so the public works department can go out for bid. The design on the pump louse is slightly different than what you've used in other places because the generator is housed inside the building as opposed to outside. You just couldn't use a cookie cutter type plan for a dump house that you already have. So, if the Council approves these final Plats, as I understand it the water issue iS the only issue that stands in the way of approval of these Fina[ Plats an two and three with a restriction from the developer with regard to those 130 as the limitIP until Well 22 is in line, I don't see any liability problem for the city. Typically when the Final Plat is approved, you anticipate that you're going to have the wader and sewer there immediately and then you can begin selling all the lots but 1h restrictions on the number of sale of lots you've done in preliminary plats before, 1*t just would be. It's acceptable to the developer to do this because they jest want to get stuff dons this construction season. Gary, what's your anticipated date for having the well on line? i, Meridian City Council Meeting August21,2001 Pg. 22 G. Smith: I think we should be somewhere around the end of December to ha ve i*t finished. Pump and pump house.. Nichols: Its doubtful that there would be 13p Building Permits pulled in the first three phases between now and the end of the year anyway. So, I don't see where we have a problem assuming that we get anon-build to limited build letter signed by the appropriate representative. De Weerd: Mr,, Mayor,. Corrie. Mrs. de Weerd. De Weerd: Do we wait and get that signed limited build letter before we pass Final Plats because the Fina[ Plats would be contingent upon that? Do we want to hold off our action until that letter is signed ? Nichols: Councilwoman de Weerd, Mayor, members of Council. My recommendat'i'on would be that if you so choose to approve the Final Plats you da so conti*ngent upon receiving the agreement form the developer to the effect that there would be no more than 130 Building Permits allowed unci! Well 22 is on line. Corrie: Anything else Gary? G. Smith: No sir. Corrie: Okay, any discussion?. Then I will call for a motion an the Final Plat with cavlots with it. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for Final Plat of 36 building lots and 2 other lots on 10.66 acres for Bear Creek Subdivision upon receipt of an agreement on the limited build of 130 lots until completion of Well 22 and for the attorney to draw up the findings. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would second that but I believe, do you mean lots or Building Permits? De Weerd,: Building Permits, sorry,. Meridian City Council Meeting August 21, 2001 Pg. 23 Bird: !']I second that. Corrie: Okay. Motion made and seconded. Any further discussion.? G. Smith: Mr. Mayor. Corrie: Yes, Gary. G. Smith: If ! may have a clarification that would 10 phases 1, 2, or Bear Creek Subdivision not just doesn't have 130 lots in i*t but,- Bird: It would be for all four of them. be 130 Building Permits for ---- I mean Bear Creek No. 2 Corrie: There are four of them right? There are four -- De Weerd: Four phases,, Bird: SubdivisNIP ions. Corrie: Four subdivisions.,d, G. Smith: There are four phases correct.. Corrie: Four phases okay. De Weerd: Yes, it wouldn't be just for the 36 lots. That wouldn't make sense. G. Smith: Yes, I understand that. 1 just d*ldn't know if there were some semantics there that needed to apply to the whole subdivision. De Weird: No, to apply to this number, the previous and anything that follows this. G. Smith: Thank you. Corrie: All right. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 7. Tabled from August 8, 2001: F P Q 1-0 11 Req uest for Final Plat approval of 43 building lots and 5 other lois on 15 87 ac -res in an R- 4 zone for Bear Creek Subdivision No. 3 by Briggs En9ineering — east of South Stodda and south of West Overland Road: Meridian City Council Meeting August 21, 200'i Pg. 24 Carrie: Item Na. 7 request for Final Plat approval of 43 bu'i'lding lots and 5 other lots for the R-4 bear Creek Subdivision No. 3 by Briggs Engineering. De Weerd: Mr. Mayor,, Corrie: Mrs,, de Weerd,, De Weerd: If there's no comments form staff, I'EI go ahead and make the motion,,, G. Smith: No comment. Same comments as previous. De Weerd_ I would move that we approve the request for Final Plat approval of 43 building lots and 5 other lots on 15.87 acres for Bear Creek Subdivision No,, 3 with the same contingency noted on the Final Plat approval for No. 2 and for the 10 attorney to draw up the appropriate paperwork.. Corrie: Bear Creek No. 3, you mean? De Weerd: The same contdh ingencies that we had on 2. Corrie: Okay, I'm sorry. McCandless: Second. Corrie: Motion made and seconded.. Any further discussion? Hearing none, roll calf vote Mr. Berg. Rall Call: Bird, aye; De Weerd, aye; McCandless, aye; A nderson, aye. MOTION CARRIED: ALL AYES Item 8. Continued Public Hearing from July 3, 2001: RZMOOM005 Request for Rezone of 10.04 acres from R-8 to C -N for proposed Linder Crossing by Stubblefield Development —southeast corner of Cherry Lane and Linder Road:- Corr'ie: Item No. 8 is a Continued Public Hearing from July 3, 2041. This was a rezone of Linder Crossing by Stubblefield Development. We have a letter asking that to be withdrawn by Mr. John Stubblefield, the owner of the land. In that case I will entertain a motion to approve the withdrawal of Item No. 8. Bird: Mr. Mayor. Corrie: Mr. Bird. M e ridia n City Council Meeting August 21, 2001 Pg. 25 Bird: As per the request of the applicant I would move that we remove from the agenda the request for rezone of 10.04 acres, or 10.04 acres from R-8 to C, -4N for proposed Linder Crossing by Stubblefield Development. Anderson: Second. Carrie: Motion made and second to re move the Item No. 8 Linder Crossing by Stubblefield Development. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES Item 9. Continued Public Hearing from August 8, 2001: CUP 01-070 Request for a Conditional Use Permit for a freewstandi'ng coffee but with drive-thru i*n a proposed C -G zone for proposed Moxie Java by TJBJ, Inc. — 1975 East Fairview: Item 10. Continued Public Hearing from August 8, 2001: VAR 01-008 Request for a variance for the redaction of two required parking spaces for Moxie Java by TJBJ, Inc. — 1975 East Fairview: Corrie: Item No., 9 and 10 is a Continued Public Hearing from August the 8 t 0 One is a request for a Conditional Use Permit for a freestanding coffee but with a drive in a proposed C -G zone for proposed Moxie Java and also a request for a variance for the reduction of 2 required parking spaces for Moxie Java. At th'i's time [ will continue the Public Hearing on Items No. 8 and 9. Or excuse me, 9 and 10, I'm sorry. Staff, Shari, do you want to bring u p a little bit o n what's going on? Stiles: Mr. Mayor and Council. This was continued due to the fact that the applicant was not able to attend the previous meeting. The adjacent property owner did testify and I believe they are here again tonight. This initially came through as a request for a drive thru Moxie Java in front of the Econo Lube. As part of the origins[ discussion there was to be a Cross Access Easement so that the cars coming in on Fairview could go through the drive thru and exit out through the adjacent property. The adjacent property owner is opposed to that,. So, the applicant came in with a revised proposal that would have the cars coming in off Fairyiew, go ing through the driveway and then proposing to go around the back of the Econo Lube and on out to Fairview. Da Vou have any other questions about this site? Thanks. Corrie: Is Mr. Mason here this evening?, Mr. Mason, this is a Continued Public Hearing so we'll hear your testimony tonight. Mason What do you want to know?. Or what are you -- { Meridian City Council Meeting August 21, 2001 Pg. 26 Bird: Your name and address please?. Mason: Todd Mason and I reside at 1566 Shenandoah in Boise 837'I2. I don't believe this is the best possible you know scenario but 1 believe the (other alternative is a lot better. I also believe that its, you know the guy that owns Elm Street Plaza, 1 think he's doing it more for his tenant than he is for reality because its going to hurt him as much as it is anything else by actually closing that access up. You know I don't think it's a good idea to close that access up regardless. I mean there had to have been some reason why that access was recommended originally and now he's wanting to closeit up. You know basically I think more as a power play than anything else. You 111111(1 ow I think it's a good additive to have the drive-thru- Unfortunately coffee plantation is in the Elm Tree Plaza. There had been a Juice and Java in there. Now the coffee plantation is trying to mace it over there. I do believe that the access that I have done that will go around, I believe that will work. There again, like I said, I'll be completely honest !don't think it is the best you know that there is. The best is the way that it was originally approved through City Council. Then the guy waits until the last hour you know to come in and decide that he doesn't like it instead of going through you know the right process at the City Council and the Planning and Zoning. That's basically all I've gat to say. Corrie: Okay, questions? Bird: Mr. Mayor. Corrie: Yes, Mr. Bird,, Bird: Mr. Mason, that back, back there is not even paved as I recall.. Mason: Yes, it's payed. Bird: There's some dirt back there.. Its not paved all the way out there. Mason: The dirt is back behind the proposed area. The proposed area that I've done is all paved,,. Bird: The pavement's all the way to the back of Schuck's?. Mason. I'm not going to guarantee it but I'm - Bird: I don't think so. I don't think it is. Mason: There's an access back behind there that isn't paved, I belIP ieve. I could be wrong on that,, Meridian City Council Meeting August 21, 2001 Pg., 2 7 Bird: Let me ask you another question Mr. Mason. I have the advantage of driving by that place at Feast two times a day and sometimes three or four. Between the southeast corner on the jag out of the Econo Lube where they come, where they drive through north and south and while we're into that landscape, I would question if you've god enough room to get two cars through there side by side. That is awful narrow. I Eike the idea of having a Java thing out there but with that thing geiting blocked off, I don't know how we're going to get the cars out and I don't think that and I'm like you I don't think that is even a practical way. In the first place, nobody's going to go up and around there. They're going to go in the parking lot and turn around and come back out and have congestion. 1 don't see people pulling in there and driving all the way around that especially when there's dirt they're driving in back there. Mason,: What if we, I mean this is just, I'm just throwing scenarios out there. That landscaping, 1 mean f realize that was recommended at the time you know there again the opening, the access, the east access was recommended at one time also too. is it possible to cut because you're absolutely right? That two car. You can fit two cars in there but ( mean it's going to be plenty tight. Is it IP possible at this level that we could reduce that Bird: Landscaping?. Mason: �- that landscaping tap make more room because I'll 11)e honest that's what needs to be done., Bird: I can't tell you but maybe Mrs. Stiles can. Stiles: Mr. Mayor and Council. Which landscaping is this ? Bird: The one up there Shari. Right there on the east boundary, right there. Stiles: This ? Bird: There's no room between those two. Mason: That's plenty tight. if you eliminated that or cut that landscaping back it would give you more room. Bird: I agree with yau. Mason: I'm not here to lie to anybody. l mean chat's what needs t:) be dons. Stiles: I don't know that, that was a specific requirement of the development. If there's trees in there they'd need to be relocated somewhere an the site,, Mason,: I don't think so. Meridian City Council Meeting August2l,2001 Pg,28 Bird: I don't think there's a free in there Shari. ['m not sure. I can't remember but I don't think there's a tree in there. Mason: I don't see a problem if there's a tree in there to — Stiles: I would think it's more tID protect those Parking spaces there. Bird: Yes, I think you're right there., Mason: Those employee parking spaces. Bird: That's what they calf it. Mason.: Right. Bird: 1 have a feeling if they've got customers cars there the customer's parking out there too. Mason: Well, yes. Bird. I've really got concern on going around there because you've got cars in the lower part where the wing starts that drive in and back out and of course the front wing, they go north and south. They come through and they drive through. I don't know whether they go in from the north or from the south but -- 1 realize that freestandin9 th*jn9s, business iisprobably going to be the busest between 7 and 9. Mason: 1 Q. B*ird0: 7 and 10? Mason: 7 and 10, about. Bird: Econo Lube probably don't open until what 8? Mason: 8, yes. Bird: Schuck's don't open until Mason. They're bus111 iness is after 12.00 and 70 percent of our business 1*S done before 10:00 in the morning. That conflict works very well together. I mean, in an ideal world the east entrance wouldn't be shut dawn. Unfortunately they're 111 saying that they're going to shut it down. Bird: It is still open now. Meridian City Council Meeting August2l.2001 Pg.29 Masan: It is still open yes,, be closed dawn a couple access down (inaudible). Bird: But it is not -- Mason: No, i't is not. Bird. You're true. If I remember the letter, the letter said it was going to three months ago. They were going to close that Masan: I chink it's going to hurt their business as much as it is anybody's business by closing that access down. Bird: I've seen people come from their parking lot — Mason: Right. Bird: --up through this one and out that way,, Masan: Right. Baird: So, [ think its used by both developments. Mason: Right, it is. Life I said, originally that was recommended on the development but for some reason and I don't remember,, The letter had told them it had to be for a cross easement or something. 1 don't know all the technical but it was never signed off on for one reason or another. Bird: I have no more questions Mayor. Corrie: Any other questions? 1 think once you �a[ce that far�dscaping out, you're going to have cars parked in there and you're going to have the same kind of problem you've got now. Cars are going to still park there. Mason: Right. Corrie: You're just going to cut that even more so.. Mason. Most of the customers are going to park up front though i*n those four or five. They normally don't ever have any more than four or five customers,,. Like I said most of those lack ones are for employees. If it was employees, they never have more than three employees on, or I dant believe they do. They can park in those back three. So, if you eliminate that landscaping that would really open that up. I mean like 1 said, on an ideal world that's not the most ideal situation,, I'll be yilu know 111111111ionest with YOU -0 Meddian City Council Meeting August 21, 2001 Pg. 30 Corrie: Okay. Thank you. Mason: Anything else? Corrie: Not unless you have somethi*ng else. Mason: No. Corrie: Okay, thank you. Since this is a Continued Public Hearing, is there anyone else ion the public who'd Like to testify at this point? Bevins: My name is Tom Bevins. I'm the owner of Elm Tree Plaza Econo Lube. De Weerd: The (inaudible). I sive at 4202 West Marcll'ffe Avenue in Boise. which is the property just to the east of the (Inaudible discussion amongst Council members) Bivens,*, Okay. Should f go ahead? Or wait for that? Stiles: I just wanted to put up an aerial of that Tom. (inaudible discussion amongst Council members} Anderson: You can go ahead. We know where your property is. Bivens: Okay. Thank you. First of all 1 ' d like to just respond to a few of the points the applicant made. On the Cross Access Agreement itself, he's right there was a power trip there but it wasn't us. We tried to get the owners of the IP property that Econo Lube sits on to write up a Crass Access Agreement. We tried for six months. We called them on tine phase ire Texas,. We wrote them setters. We even asked Econo Lube's lawyer to write the agreement that he likes. He wrote one and they still refused it,, He's right that Cross Access Agreement benefits us as well as them. If you'll notice in my setter and in the support letter that is in the back of my fetter, I was telling him that exact same thing. Look this Cross Access Agreement benefits us and you. As a matter of fact I think if benefits Econo Lube more than us. That's just my opinion. If you talk to the manager, he agrees with that. We put up a barricade. They took it down so obviously they wanted the Crass Access Agreement. It's the people in Texas that didn't want to do it,,, That's the problem not us. As far as waiting until the last minute, l didn't get notification of the meeting which could have been my fault or the mails fault, who knows. As soon as I heard about it we started making waves and voicing our concern. It wasn't that we tried to do 1& it at the last minute or anything 1'ike that. Its just we were concerned, As soon as I hea rd Meridian City Council Meeting August 21, 2001 Pg. 31 about it we wrote the letter. I th'i'nk that answers the questI& ion to the Cross Access Agreement. I can sure give the applicant the six letters that we wrote begging them to grant the cross access. I think that's kind of a dead issue now. As far as the new idea of bringing them around the building 1 think as the Mayor mentaioned that they will park along that spot there if they take the landscaping out. I think he's correct. Why I think he's correct is we've been taking pictures of how they're doing it now and you can see on pictures A and b here if we could submit this. I don't know if we can submit it now or not. You can see in picture A and B, they're actually parking n ghi here. You can see 1'n this picture they're actually parking right there. So, I've got three pictures and you've got one d' yourself where they're using this spot here for customers that are waiting for these bays, they're parking here. If the coffee place is here and they have to make a turn. Okay, thisi's restricted now because of this ]ane of cars here which 1 have on A, B, and C. You can see two different times they park cars there on also photograph C. Also on photograph C, you'll note when they came in the back here, when They have a person in the bay, they come here and they park their van like this. That's on picture C. You can see there's no way to get through there. If that as his honor was saying that if they took out this landscaping they would just park there but that would also restrict that? Then you have the second bottleneck which i - s back here. That's the first bottleneck. The second bottleneck is right here. That's picture D. I think if you could see that if you had two way traffic there it would be very difficult for someone to get around there. At the last meeting, Director, Mrs. Stiles mentioned that she thought that if they saw this jamming up here, they would try to make a u turn and go out. I think she's correct., I think she made a valid paint that you know its human nature to try to get back and on your way as soon as you can. So if they see this being used here as you see in my photographs and also in this photograph that they're using this area here that's restrictive that's going to turn them back. If they do get back here, i*f there's a pan here like there is in picture C that could turn them back, Thi farther you get back, the more difficult it i s to turn around. I'd have to agree with Mrs. Stiles point on that. Either they'll try to make a u turn here or they'll try to make a u turn here. That's the reason why we think it's the second idea of blocking the access and bringing it around Econo Lube is not a good idea. Any questions? Corrie: Any questions? Bivens: Also, you know that, you mentioned already that it's really prevalent between 7 and 10. That's when they're trying to get their first cars in there so they're trying to load all six days the first thing in the morning 8:00. Throughout the day its intermittent but in the very first 8:OQ that's when they're trying to load up all six bays if they have the customers. That causes, at the exact time that the coffee shop is the busiest, they're also going to be the busiest. Okay. Thank you. Meridian City Council Meeting August 21, 2Q01 Pg., 32 Carrie: Thank you. Anyone else who'd like to issue testimony,, �f nobody else is -- you'll get the last crack at it. Anybody else? Okay, developer this is the time to answer any questions that have come up. Mason: I didn't see the pictures but really the pictures aren't relevant because its going to -- if you cut off the landscaping and if Econo Lube knows that there's going to be traffic there you cant hardly rely on the pictures to tell yo u what's happening now versus what's going to be happening if there is a store there or if there's something there. It's still going to reflect it but they're --if they're parking cars or they're raving cars parked, they're not going to park them in the way d' versus, now the pictures showing that they're parked in the way. I mean, it's relevant but on the other hand it's irrelevant on the pictures because you're changing the direction. You're changing the scenarios. You're changing everything., So, you can't rely on the pictures. f mean, if you're going to rely on those pictures then you have to rely on putting the store in there and then going back in and taking pictures of what's really happening at that particular time. As far as loading the bays from 8 to 10, if they don't have customers they're open at 8 and our busyness is over at 10: 00 Sure, they're wanting to Toad the customers from 8 to 10 but if they don't have the customers to fill the bays how can you realistically -� that's a non-realistic thing to say their customers are going to be in the way if they don't have customers. If they don't get busy until noon, that's IP irrelevant also. That's anon-realistic term. Anything else?. Corrie: No. You can look at the pictures if you'd like. Mason: Its really irrelevant to me because like 1 said if you're going to change the direction, you're going to add something it doesn't do any goad to look at pictures because its going to be a different scenario j*f there's a coffee store there and if they know that they're going to be in the way, they're going to park the cars in a different formation so that they're not in the way. Carrie: I just want to make sure you — Mason: Right. Yes, I mean its just really irrelevant for me to look at them because its -- Corrie: Okay. Mason: Is that it? Corrie: Questions? Bird: Yes, I've got one,, Mr. Mason, I don't know if you're the owner of the property or what. Mason: Na, I'm not the owner. Meridian City Council Meeting August 27, 2001 Pg. 33 Bird: What is the guarantee that the owner of the property is going to allow that landscaping to come out? I mean, has he stater[ to you that (*inaudible),,, Mason: (Inaudible) Rick Thomas is the owner of the properly. Darren Larson is the owner of E.cono Lube so its two different people. 1 know them both personally. There again, I mean I would completely understand if you wrote something in the however you do it that if that landscaping wasn't removed that we couldn't put that store in there. I mean that would be completely understandable because there again I truly believe that that is not going to work without that landscaping removed. There again, we didn't wand to remove anything until we got to this point. Yes, I truly believe Keith that we shouldn't do anything unless that landscaping is removed. That probably should be written in the approval process or whatever it is. Bird: I don't understand why that easement through that because all's you said and I drive it quite a bit. The other development probably uses that much more than Econo Lube or Schuck's customers do. In fact it saves probably a lot of bottlenecks in there. Mason: Right. That parking lot is kind of congested anyway. Bird: Well, when you've got retail outlets you'd hope its congested but I see them use it and I don't quite understand why that easement cant be taken care between the owners of the properly andthe two owners and go along with thisio I really have a fear Mr.. Mason that unless that east thing is left open there, we're going to have little fender benders all the time out there. You know, I know you're between 7 and 1Q. You have a lot of cars coming in there. Mason: Right. Bird: People are going to do, they're going to ti y to turn aaroundind get out of there just as fast as they can. If it means u turning there in front of somebody else you know that They don't see. In the wintertime you know, when you open up its dark,. Mason: Right. Bird: [ wish some way the two owners of the properties could sit down and get that easement kept open because (inaudible). Mason: (Inaudible). Bird: --definitely benefit for both d evelopments and its something that I don't think the City Council would approve either one of the developments without that kind of an easement or we shouldn't have.. Under the existing pian without that Meridian Qty Council Meeting August21,2001 Pg. 34 east side easement ( just -- f like your business and I hate to see any business not be able to go in and give it a shot,, I just don't see how you're going to get traffic in there even taking that landscaping out. I've got some concerns. I really do.. My biggest concern is the people backing out of the bays and hitting somebody that's coming around or coming out through. 1'd love to see them go A n there but I just wish that some way the two owners of those two developments could get together and leave that easy one open., I think it would salve everybody's problem. Masan: I agree,. Corrie: Mr,, Anderson. Anderson: the street? Mr. Mason, 1 was just wandering, do you own the Moxi*e Java across Mason: At Fred Meyer's, yes. Anderson: You have another application coming for a drive up window? Mason: We didn't know where we were at. We've tried that application. I've tried every avenue there is to get a drive thru with that location in the last 5 years. So, we've tried everything and anything. We have tried that application before and that hasn't gone through,, Rob Haggett the property management thinks that this time he can get us through,, Who kni,111ws? I mean I thought this one was approved once.. Then you go through the facts and findings and now we're into this process. Anderson: Thank you. Corrie: Any other queston,isi? Bird: I have none. Corrie: Thank you. Mason: Thank yau. Corrie: Okay with that, Council any discussion or any questions (inaudible). Hearing none, I'll entertain a motion to close the public hearing. Anderson: So moved. McCandless: Second. Meridian City Council Meeting August 21, 2001 Pg., 35 Corrie: Motion made and second to close the Public Hearing on Item 9 and '10. Any further discussion?. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: The Public Hearing is now closed. Council, discussion or requests. Anderson: Mr. Mayor,, Carrie: Mr. Bird, excuse me Mr. Anderson. Anderson: I guess just a point of discussion I mean when we first say this project IP and with the cross access going through the Elm Tree Plaza I was in favor of this. Then when [ found out later on when we were informed that that cross access was going to be closed and the gentleman who owns Elm Tree Plaza is correct. He has shown documentation to us that would indicate that that wasn't by Elm Tree Plaza's choosing that that was from Schuck's that that is coming. I'm like Keith I have real reservations., I think without that Cross Access Agreement it completely changes the perplexity of this particular issue for me. 1h Try as we may and we try to make accommodations, winding your way back around that building and through the parking lot with the parked cars and the tight spaces. People aren't going to do it. They're going to try to just make a u turn right there or back out of there as best they can. At this point I don't think the drive thru is a good idea in this particular location. I would not be in favor of it. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Council, I would throw this out. Is there any chance that we could defer this for a month and let the owner of, or the Moxi*e Java applicant through his owner of the properly put some pressure on and get that easement deal worked out between the two owners because of the fact that that easement, my way of thinking helps Elm Hurst a lot better than the other one and I'm sure they don't want to see it closed any worse than anybody e I s e does because i t helps both of them. I would throw that out and see if it's passible that the owner can maybe even though Schuck's is a leaser. [ don't know how far the owner would want to De Wee : Mr. Mayor.. Corrie: Mrs. de Weerd.- De Weerd,*, I wouldn't be opposed to it. [have the same concerns that Ron did originally with that access that it was feasible to do but its no longer feasible. But you know this might be something that can work for both parties to open up that i" Meridian City Council Meeting August 21, 2001 Pg. 36 line of communication again and get that access solidified. opposed to deferring it. Bird: Cherie ? Corrie: Any other comments? McCandless: I wouldn't be opposed to it if they could work that out. De Weerd: Then we would just vote then. Bird: Mr. Mayor. Corrie: Mr. bird. I wouldn't be Bird: ['m like Councilman Anderson. 1 was for it and I'm for it as long as that easement is left open. But I just think that it's an accident waiting to happen if we don't have that. There's no way that [ could vote for 1't without keeping that easement open.. De Weerd: Okay. Corrie: Do you want to eater a motion for the (inaudible). De Weerd: The Public Hearing has been closed. Bird: We don't need to open another Public Hearing. Corrie: No. Bird: All we can do is make a motion to defer this to see if the owners of the properties can work out the easement, leaving the opening and giving it time. If they cant then we can take final action on it. Corrie: Or you can take final action based upon the condition that they in a certain period of time they don't get together it's a done deal. They're going to have to came back -- Anderson: I think that would probably be the best avenue because actually we're taking additional testimony to find out if they got that Cross Access Agreement,, I think the best deal would be to go ahead and make a motion to approve it providing that a Cross Access Agreement is reached. Then if that i*s never reached, then the whole thing becomes null and void. Bird: Go for it. Meridian Oty Council Meeting August 2i, 2009 Pg. 37 Corrie: One question Or can we do it ? I had for the attorney. Do we have to have a date certain? Nichols: Mayor, members of the Council. I think the problem if you leave it open and you don't have a definitive date you just have this CUP hanging out there. At some point 5 years from now it gets done, it would be the kinder cut I guess to put some timeline on when it would have to be done. (Inaud*ble discussion amongst Council members) Anderson: Sure. I'll talo a stab at it I guess. i would make a motion that we approve the Conditional Use Permit for a freestanding coffee but with a drive-thru in a proposed GG zone for the proposed Moxie Java by TJBJ Incorporated providing that a Cross Access Agreement is reached between the owners of the properly of Elm Tree Plaza and Schuck 2 s is reached within six months, that we would approve this request. Bird: Attorney to draw up the -- Anderson: And to have the City Attorney draw up the appropriate F1h RP indings of Facts and Conclusions of Law and decision of order -- Bird: Second. Anderson: -- subject to staff comments. (Inaudible discussion amongst Council members) Corrie: I heard a second so, Mr. Nichols you can — Nichols: Mayor, members of the Council. I would ask further that you could that there's no Building or Occupancy Permit issued until that's in place. in other wards they way, you want to make sure that its clear that they cant do anything at all to put it in place until the Cross Access Easement is there and if its doing to be there it must be there in six months. Anderson: Thank you. Mr. Mayor I would add the stipulation that no Building Permits be issued until that Cross Access Agreement was signed and in place. Bird: 1 second would the same thing. Corrie: Okay. Motion mads and seconded to approve with the conditions as staled a 6 -month I imit and no Building Permits issued until that time. Any further discussl*on?, Hearing none, roll call vote Mr. Berg. Roll Call..: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye,. Meridian City Council Meeting August2l,2001 Pg.38 MOTION CARRIED: ALL AYES ***End 4f Side Two*** Nichols: Mr. Mayor, members of Council. 1 would suggest you fake it offy our plate by having a motion on this van ance subject to completion of the conditions of the Conditional Use Permit. Bird: Okay. Thank you. Carrie: Who wants to (inaudible)? Mr. Anderson. Anderson: I'll just continue right on since ['m 1!�111)n a ri��Dll here. I would make the mot'i'on that we approve this request for a variance for the reduction of 2 required parking spaces for Mox'le Java by TJBJ incorporated providing that all conditions are met for the CUP under item 9 for the request for Moxie Java. Bird: Second. Corrie,: Okay. Motion mace and second that we approve the request fo r variance as long as the conditions are met an the CUP i*n Item No. 9. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES Corrie: In that case, you have S'I'X months in which to make it up,, If you don't, don't start anything over there. Thank you,, Item 11. Public Haring; PP 01-010 Request for Preliminary Plat approval of 18 building Cods and 2 other lots on 11.57 acres in R-4 and C -N zones for proposed Cherry Crossing by Albertson's Inc. — northwest corner of North Linder Road and West Cherry Lane: Corrie: Item No. 11 is a Public Hearing request for Preliminary Plat of 8 building lots and 2 other lots on 11 .7 acres in R44o4 and C -N zones for proposed Cherry Crossing by Albertson Incorporated northwest corner of Linder Road and West 111 Cherry Lang. At this time [ will open the Public Hearing and invite staff's comments first. Stiles: Mr. Mayor and Council. This is for the property on the northwest corner of Linder and Cherry. The site was previously rezoned and a Conditional Use Permit obtained for the Smith's food King that never materialized. The applicant is now proposing to put a Sav4w0n Drug Store, a drive-thru fast food building, fuel kiosks and an office retail building an the site as well as completing the residential portions that are adjacent to the existing residential. It's a little hard to Meridian City Council Meeting August 21, 2001 Pg. 39 1h see this. This would finish out another phase of what is known I believe now as IP IP Castle Falls, Its official name is Valerie Place Subdivision., It's gone from Valerie Place to Linder Falls and I believe i's now Castle Falls. They would as part of this plat build an additional row of lots, residential lots adjacent to the existing residential. They would also build out this property here as residential and put chis cul-dewl-sac'in, The recommendations received from the Planning and Zoning Commission I would like to maybe clarify one of those conditions,, It's on Page 4 for the plat. It's talking about the landscape buffers. There would be a 35"foot landscape buffer required o n Cherry Lane. That was a requirement of the rezone application and it is an entryway corridor and our Landscape Ordinance requires that,,, It's referring, that comment is referring to parcels that don't really exist, parcel numbers and it's confusing. If we could reword that to show the required landscape easements on Cherry Lane and Linder Road and adjacent to the I& IPexisting residential that should be included on the plat. Then the landscape ordinance does require the common lot adjacent to the residential on bosh Linder and Cherry. 1 think we're clear on what that is. ffis just the way its warded its going to be impassible to figure out what that says Iater when its actually platted. The applicant 'srepresentative has done a great deal of work with the neighborhood and they have worked very closely with staff to come up with the final proposal that they will present tonight. I guess if anything what might have been an issue was that they're proposing that this be another phase of the Castle Falls Subdivision or Valerie Place Subdivision and that they would be bound by the same covenants and restrictions and also that this entire subdivision here would gain ownership of the common lots they are proposing in addition to their existing park here another one here. They would landscape this little median. It's kind of a traffic calming feature to choke down the traffic lane so it's not such a cut through there. Then they would also have the common lot out on Linder and on Cherry. I guess the only complaint that I've heard is that they don't want to pay to maintain those areas. I don't know what the agreement was as to actually building those areas or landscaping those areas and the applicant representative can speak to that tonight. I'm not sure what kind of agreement had been made. This would be the Sav-On store here and of course the fuel islands, dn*ve-thru and the office retail building. Elevations of the Sav-On build'ing,. This is the elevation of the office retail building. The fast food elevations. I don't know if they've stated what that is. i don't know i*f they have anything in mind. With that, I believe they wild be coming in with iS i gn program for the entire site and in accordance with our Sign Ordinance. With the exception of that change to clarify the landscaping, we would recommend that it be approved with all staff and agency conditions. Corrie: Any questions for staff at this point? Bird: I have none Mayor. Anderson: Mr. Mayor. Medidian City Council Meeting August2l,2001 Pg,40 Corrie: Mr. Anderson. Anderson: I guess I just had one question. I'm not sure whether it's for Shari or for Bill. These common areas and trying to make this part of the Castle Falls Subdivision or whatever it is, can we legally do that? Can you make a 6. 1& subdivision enlarge itself or inherit additional property and additional common ground that those homeowners would then be responsible for maintaining? Stiles: Councilman Anderson, Mr. Mayor and Council. I believe what they were doing when they came up with this is trying to meet the conditions of the rezone. These were requirements of the rezone that Smith's Food King had agreed to,. I guess the only alternative would be that this would be an entirely separate plat for this residential subdivision which would make them wholly responsible for the maintenance of quite a bit of common areai*gven the number of lots.. But.. the applicant's representative can discuss what their agreements were with the 'P subdivision. There's not a way to get out of the requirement on Cherry Land and Linder. I mean that's the Landscape Ordinance. I'm pretty sure that the rezone requirement was for these too but 1*f the Council wants to approve otherwise, 1 don't know. But there's not a way to get around that but I guess Mr,, Nichols can address whether we legally can do it or not. Nichols: Mr. Mayor, members of Council. Shariwhen the rezone was done was that done in connection with the Castle Falls Subdivision or was it separate? Stiles: They were associated just because They were showing this as a new phase of the existing subdivision,, The main reason it was proposed as a new phase is because the residents of that subdivision wanted to make sure that they IP met the same minimum house size requirements and fell under their architectural control committee I guess. But the Castle Falls Subdivision was not a part of this rezone. It was a separate out parcel. Nichols: Mayor, members of the Council. I don't chink that as a condition we can force a subdivision to take on additional maintenance but the applicant's representative needs to be prepared to address how these common areas would be maintained and if the -- for example you know are these parcels within the commercial development, are they going to be sold? Is it like a planned unit development where there's one owner that leases out to the tenants and that that d' could be part of their base rent in terms of their operating expense?, How are the d' common areas going to be maintained because that's a legitimate question you can ask? Corrie: Okay we will now hear from the developer.. Schafer: Mr. Mayor, members of the Council. My name is Sara Schaffer. I am here on behalf of Albertson's. I am currently employed at CSH A Architects at 250 South Fifth Street in Boise. We have seen the staff reports including the Meridian City Council Meeting August2l.2001 Pg. 41 Findings of Facts and Conclusions of Law and we do have a couple of concerns about the ACRD recommendations. The items that are in the draft report from Planning and Zoning have been taken from ACHD's draft repori versus the findings by the ACRD Commissioners. We do accept final findings from the ACRD Commissioners dated June 13, 2001. We have seen those and agree with those for both the Preliminary Plat and the Conditional Use Permit. A brief history of the site. In 1996 Smith's purchased the land and went through and had a Preliminary Plat and CUP rezoned fora 60,000 square foot store. In 97, 98 Fred Meyer's bought out Smith's and the store was never built. in fate 98, Intermounta'in Development Group bought the site and went through many renditions of the site. They tried several different kinds of housing throughout the site. At that point, Albertson's came in, j n late 98 and has requested that we place a Sav-On drug store as well as a fuel center on the site and propose office retail, a fast food restaurant and the additional housing parcels. We are requesting the Conditional Use Permit for the pharmacy drive thru as well as the fuel pumps. The application has been changed to a planned development CUP as of last month, I believe. Last month or two months ago we did that. At this time I guess I'll take any questions or comments that you would like for us to address, concerns that you may have. Corrie: 1 guess one comes to mIP ind. What are you going to do about the common areas? Slocomb: Good evening Mayor, members of Council,, Graig Slocomb with CSHQA. Unfortunately Albertson's Real Estate Representative couldn't be here this evening. I think I can address the intention of the development at this point. Albertson's certainly is not in the business of developing residential and their intention is to sell that residentially zoned property to a residential developer. So that all of �- that residential land would be developed in accordance with Castle Falls CC&Rs and that any common area would thea fall under their jurisdiction. The rest of the shopping center would be more typical to any other shopping center. There would be common area maintenance for the commercially zoned property that would be shared amongst the three parcels. We did meet with the neighborhood group on multiple occasions and had, and 1 think the reason -- I don't know if any of chem are here this evening, but none of them showed up at P&Z because I think we spent about a year, year and a half working through someth'i'ng that worked for them as well as for the applicant. When we got through ourinitial aDplication to Dianning staff IIe ad laid out the subdivision per Whai was approved in the plan for Smiths Development. As we got comments from staff we learned that we were going to need to create those two parcels, separate parcels.. One on Cherry. One on Linder that were landscape buffers and would have to fall under common area maintenance for the residential. In do'i'ng that we had to squeeze some of the Tots down. We kept the same number of lots and as that was discussed with the neighborhood even in some of our preliminary discussions, they've indicated that their association dues are such that they were concerned even about the additional park area that we were Meridian City Council Meeting August 21, 2001 Pg. 42 required to dedicate in a residential area. The applicant i0s certainly willing to do what pleases, I guess the neighbors or what pleases the Council. What we've done is at this point, prepared a plan that I think meets all of the planning staff's concerns but could certainly lay an additional burden on the existing neighborhood but that's what the ordinance requires and that's what we're prepared to provide. De Weerd: Mr. Mayor. Corrie. Mrs. de Weerd. De Weerd: What do you feel about the suggestion that its been placed on the commercial aspect of it? As opposed to the residential? Slocomb: I think it's difficult from the standpoint that it is zoned residentl*al. It's 1P not a part of that commercially zoned shopping center. Unfortunately like I say d' Albertson's real estate representative isn't here. I only know that they were willing to meet the requirements of the city and if for some reason that didn't meet the desires of the Counci*1 that we certainly had a plan in previously that did not have those lots, chose separate landscape lots and the owner was -- Albertson's was moCouncill re than wilfing to do that if the neighborhood group or felt that laid an additional burden on the nei - ghborhood, One of the concerns I think the neighborhood group had is that their existing subdivision on Cherry doesn't have that huge landscape separation. The Landscape Ordinance as we all know came into place not all that long ago. Their concern is that they don't d' have to deal with it on the phases that exist there now and why should they have to deal with it on the future phases. They can tell you that. I can just tell you that that's what we heard as we talked to them. Corrie: But you have to work with what we have now. You understand that and I'm sure they will. Slocomb: And they do. Obviously we all, most of us probably lige in neig h bo rhood s these days that d o have associations and its always a n issue how much our fees are going to be. They are obviously, not to speak too much for them, I'm not sure any of them are here. I wish they were because, they're excited to get something accomplished here. They've lived next to an empty field for quite some time. De Weerd: This is a nice plan. Corrie. I think it is too. You just have some things that have got to get ironed out though between the neighbors and the developer,, Slocomb: I don't th'nk there are any neighbors here tonight to disagree with that the plan before you isn't fine. Meridian City Council Meeting August 21, 2601 Pg. 43 Corrie: Who's going to take that responsibility on though.? Albertson's doesn't want to take it, I assume from what you're saying on the -- the homeowners may not want to take on the added expense of having the common ground, keeping it up. Slocomb: I don't know — Nichols: Mr. Mayor, ifi I may ask some questions of Mr. Slocomb. Mr. Slocomb as I understand, there would be landscaping all along Cherry Lane and Li nder except for the openings in the streets, correct? Slocomb: That's correct. Nichols: There would also be a landscape buffer an the commercial side of the properly would be on the west side of the commercial which would be, doesn't it have to be at least 10 feet? Slocomb: Its 25 feet,, Nichols: So that there is a considerable landscaped area that would be part in your testimony, the considerable landscaped area that the commercial owner, slash tenants would be responsible to take care of, to mow, fertilize, mulch and the rest of Ito So, the only part that you're disputing for the commercial tenants is the portion down in the very western portion of the property where along Cherry Lane. That large landscape buffer there, 35 feet, the 2 small park lots and the traffic calming device and then that little piece up on Linder. Is that correct,? Those are the only ones that you would, under your proposal Castle Falls Homeowner's Association has to take care of? Slocomb: That's correct,, Nichols: Would Albertson's be opposed 1 placed an all the residential lots as well group them all together for all of this maintenance ? IP :o if you will a special condition that S as the commercial tenants that would common space or landscape area Slocomb: I guess I would throwin an alternative having had discussions with the neighbors. The two park pieces, or the one piece that's within the subdivision itself and adjacent to their existing pocket park and the one to the north of that across the new cul-de-sac street have always been a part of our plan and we didn't hear any negative I guess response to the fact that those were there and they've always been there,. They're a requirement that we provide a certain percentage of open space within the subdivision,, What came later were the two pieces separate parcels, one on Cherry Lang and one on Linder Road. That's where I think the neighbors expressed some concern. If I'm not mistaken 1 think f' Meridian City Council Meeting August 21, 2D01 Pg. 44 that's maybe what Shari was discussing rather than the 1 answer to your question 1 guess I think Albertson's would shopping center maintain those two parcels since they are frontage along Gerry and Linder. If that was Legally Albertson's would be acceptable to that alternative as well. III wo park pieces. in III entertain having the contiguous with the acceptable, I think Nichols: So, Mr. Slocomb, then what you're saying is that you would want Castle Falls to take care of those t'1/10 small park lots and the traffic calming device and the, well you think that it world be acceptable to Albertson's thin to take up the arterial landscape adjacent to those residential lots?, Slocomb: You know its �- that's what I'm saying, yes. It's the one parcel on Linder seems to make more sense than maybe the parcel on Cherry in as much as there is some common area to the west of that that they are responsible for maintaining currently. It could either be considered a continuation of the commercial piece or a continuation of the residential piece. Since it abuts residential it seems to make more sense but you're correct. I believe Albertson's would be acceptable to maintaining bath those parcels in conjunction with the rest of the commerc*lal shopping center. Corrie: Any other questions? Bird: 1 have none Mayor. De Weerd: No. Corrie: Of course we don't know that forafaCt, do We? Sloco b: Well, I represent them this evening. If you were to make a cond'iti'on of the approval and vote to approve it, they would either have to accept it or not build this project I guess. So, 1 am here representing them. Corrie: Mr. Nichols that may talo care of that but what about those two parks? Nichols: Mayor, members of the Council. That's a great issue and I -- of course I'm not a testify, [ `m just posing questions and not necessarily that they're answerable. But it would seem to me since those residential lots are not yet built that if somebody choose to buy a lot or a contractor choose to buy and put up a house on one of those Tots, if those particular -- there are a variety of ways it might be able to be done. Perhaps Castle Falls would be willing to take those lots into their Homeowner's Association if as a special assessment if you will, on those particular ones tied to some extra landscaping over and above what everybody else has, you know some formula thing. But, Castle Falls Homeowner's Association is a pry and they would have to agree to whatever that was. You could put a condition on the development that there be an agreement with Castle Falls over who maintains those open space areas. I mean, it's n0 t Meridian City Council Meeting August 21, 2001 Pg., 45 cheap to maintain those common space areas but there's a whole bunch more grass inside that commercial development than we're talEcing about in those two little parks or along Linder or Cherry Lane adjacent to the residential area. I don't know how they charge those things. Maybe by the square foot as far as their m aintenance goes, commercial landscape maintenance berms. Those two parks, particularly the one on the west it would seem to be that's up above the little park place and right there, where the pointer is now, if that's already adjacent to an existing pocket park then that's going to be used by the Castle Falls folks and it would be reasonable for the whole of the development to take that on. It would seem, but I'm not testifying just posing questions. Corrie: Okay. De Weerd: Mr. Mayor,. Corrie: Mrs. de Weerd. De Weerd: I imagine if you leave it that the residential has to maintain the open space that whoever buys it out is either going to work a deal with Castle Falls or have to have their own structure to pay for the maintenance of that. One way or another it's going to gel done., Corrie: Is there anyone who would like to issue testimony on the request for rezone,? Excuse me, Preliminary Plat.? I should have opened it for both of them but I guess we can still take the other one on. Okay. You can keep talking if you'd like. We haven't closed it yet., Slocomb: That's what i asked, if it was closed.iguess n responding to Mr,. N*Ichols -- De Weerd: Questions'. Slocomb: -- questions or comments and maybe Counci9woman de Weerd's comments, that's 1 guess that's my assumption is that Albertson's intends to purchase this entire parcel, the residential and commercial and sell off the residential piece to someone to develop. In developing that, they're going to have to work as we have with the existing neighborhood and although I've offered up that All�ertson's would be willing to accept maintenance of those 2 parcels, one on Linder one on Cherry, if we follow more normal residential do IPsubdivision I think it would seem clearest 10 just to allow that to be developed and maintained as is required by city ordinance. I mean it will be maintained. Corrie: You're talking about the three separate pieces? Slocomb: There are 4 lots, one an Cherry, one on Linder and 2 lois within the subdivision center., One that's adjacent to their existing park and one across the Meridian City Council Meeting August2l,2001 Pg. 46 street and is part o f the residential subdivision. It's a requirement of the residential subdivision that should be tied to the residential subdivision. Castle Falls, they all expected this to happen. They've expected these lots to be there for 10 years,. It's not any surprise to them. That's why they're not here. works. They like it. They don't have any complaints. We're creating over I think somewhere we don't necessarily need to create it. That's all Corrie: Okay, Council, any other questions at this point? Bird: I have none. Corr'i'e: Then if you wish we can close the Public Hearing on Item Noll, De Weerd: Mr. Mayor, I move we close the Public Hearing. Anderson: Second,. Corrie: Okay, motion made and seconded request for Preliminary Plat. Item PP 01-01 0. none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES The plan I have. t1C) cJose the Public Hearing on Any further discussidiscussion?Hearing Corrie: Okay, any other discussdiscussion?Hearing none, I 1 11 entertain a motion on the 1& Preliminary Plat. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we approve the request far Preliminary Plat of 18 building lots and 2 other lots an '11.57 acres in R-4 and C -N zones for the proposed Cherry Crossing by Albertson's to include all staff comments, to also note the change on page 4 Item 9 on the landscape buffers to correct the warding there, also to further detail landscaping, or maintenance of landscaping responsibilities to that 1h the commercial subdivision be responsible for the landscaping majntenance along the arterials of Linder ar�d Cherry Lane and that the interior open area lots, the two park sites and the landscape circle would be mainta111 ined by the residential part of the subdivision. Bird. West of the commercial? De Weerd: Yes, along the west and north side of the commercial areas. No, the two park lots and the landscape circle would be residential. Commercial would take the arterial and of course their internal landscaping and to have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order. i Meridian City Council Meeting August 21, 20Q1 Pg. 47 McCandless: I second that. Corrie: Okay. N'Jchols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: There was also an issue about using the final ACRD report. De Weerd. Yes and to rote the change to include the final recommendation dated June 13th of ACRD that would be included. It looks tike I really screwed up this motion. Corrie: It's a long one. I think you got it. De Weerd: There's a little more staff comment over there. Corrie: (Inaudible). Stiles: i just warted to make it clear. Albertson's will also be responsible for -h installing the landscaping.? De Weerd: Yes. Stiles: On Linder? De Weerd: Installing and maintenance. Stiles: Okay. Bird: Not o n the interiar? Stiles: No, just - De Weerd: No, the ones that they're maintaining along the arte0 rials. I mean how would they maintain it if they aren't going to install it? Stiles: But if the motion is just to maintain, they'll maintain the weeds that are there. De Weerd: 4h, sorry. Install and maintain. I guess f just see this as one big thing - Corrie: Then I have a second? Meridian City Council Meeting August 21, 2001 Pg. 48 McCandless: Second,, Corrie: Second by Cherie,, Any further discussion on the motion. I am not going to repeat it. I hope we have it on taps, (inaudible). Mr. Berg, if you will do roll cal[ vote on the motion please. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item '12. Public Hearing: CUP 01-016 Request for a Conditional Use Perm'i't for single-family and drug store with drive-thru, fuel pumps, office/retail and fast food in R-4 and proposed C -N zones for proposed Cherry Crossing by Albertson's Inc. n orthwest corner of North Linder Road and West Cherry Lane. Corrie: Item No. 12 is the Public Hearing for a request for Conditional Use Permit for a singlewdfamily and drug store with drive thru fuel pumps, office rental and fast load for and R-4 to proposed GN zone for proposed Cherry Crossing and Albertson ' s. At this time I 1 11 open the Public Hearing. Staff, any further comments from the ones you have on record?, Stiles: Mr. Mayor and Council. Note just to incorporate my previous comments please. Corrie: Lei the record show they're being incorporated on Item No. 11. Any comments on the request for the Conditional Use Permit? Schafer: Again, on the Conditional Use Permit -- my name is Sara Schafer with CSHQA representing Albertson's. Again on the Conditional Use Permit we also IP agree with ACHD's final Commission recom endation and not the draft report which is also in the CUP findings. Corrie: Okay. Anyone else want to testify? Hearing none, Council, questions? Bird: I have none. Corrie: Then I'll Bird: Mr. Mayor. Corrie: Mr. Bird. entertain a motion to close the Public Hearing. Bird: I move we close the Public Hearing for the Conditional Use Permit for single family and drug store with drive thru, fuel pumps, office retail and fast food Meridian City Council Meeting August 21, 2001 Pg. 49 in R"4 and proposed C -N zones for theP r )Sed Cher y Gr- assing by Albertson's Incorporated. De Weerd: Second. Corrie: Motion made and seconded to close the Public Heanng on Item No. 12, CUP 01-016. Any further discussion. Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL. AYES De Weerd_ Can I throw'in a fuel price cut on -- Mr. Mayor., Anderson: They'll raise the price if they see you come in there. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for a Conditional Use Permit for -b a single family and drug stare with drive thru, fuel pumps, office, retail and fast food i*n an R-4 and proposed C -N zones for Cherry Lane Crossing by Albertson's, to incorporate all staff comments, to note that ACHD 2 s requirements should III reflect the ACRD final report dated June 13, to also note the landscaping issues covered in the previous motion and to include anything else I didn't include, ask the attorney to draw up the Findings of Facts and Conclusions of Law. Bird: Second. Carrie: Motion made and seconded to approve the request for Conditional Use Permit with all staff comments, all comments and conditions and have the attorney draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 13. FP Q1 -U14 Request for Final Plat approval of 20 building lots and 22 other lots on 10.32 acres in an R&44 zone for Bear Creek Subdivision No. 4 by Briggs Engineering —east of South Stoddard Road and north of West Victory Road: Corrie: Item No. 13 is a request for Final Plat approval of 20 lots and 22 other lots on 10,,32 acres in an R-4 zone by Bear Creek Subdivision No. 4 by Br'tggs Engineering. Council, I believe we had that discussion on 6 and 7 -rqRFM Bird: Yes. Meridian City Council Meeting August2l,2001 Pg,50 Cord' rie: Any other comments? De Weerd: Na. Corrie: I'll entertain a motion on the request for Final Plat. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat oi building lots and 22 other Pots an 10.32 aCAres in an R-4 zone Subdivision No. 4, to include comments and conditions as stated No. 2 in regards to the receipt of agreement on the limited builr- Perml*ts on Facts and P proval of 20 for Bear Creek under Final Plat of 130 Building � completion ot well 22, to ask the attorney to draw up the Findings of Conclus'i'ons of Law. McCandless: Second. Corrie. Motion madeand ES; econded the motion to approve the Fina! Plat with the conditions as stated ire the motion and have the attorney draw up the proper papers. Any further discussion? Hearing none, roll call rote Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES [tem 14. TE U1-007 Request for a Time Extension for ane -year for the Final Plat ori9inally approved on August 1, 200p for Olsen Bush 11 1I)y R2 Development, Inc. -north of Franklin Road and west of Eagle Road: Corrie: Item Na 14 request for a Time Extension for one year for the Final Plat originally approved on Auust '! 20 00 R2 D 9 ) 0 1 1�3 S y evelopment Inc. north of Franklin Road and west of Eagle Road. Staff, comments on the request. St10 iles: Mr. Mayor and Council. They have requested cone-year extension to August 1, 2002 to record the Fina! Plat. Corrie: Do you have any problem with that? Council, questions? B ird: I have Wane. Corrie,. Okay. f Meridian City Council Meeting August2l,2001 Pg. 51 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we wD uld approve the request for a Ti me Extensio n for one year to August 1, 2002 for the Final Plat, for Olsen Bush 11 by R2 Development Incorporated north of Franklin Road and west of Eaale Road., Carrie: Do I hear a second?. De Weerd: Second.. Corrie: Motion made and seconded is request The time extension on item TE 014,,007. Any further discussion? Nearing none, all those in flavor of the motion say aye. MOTION CARRIED: ALL AYES Item 15. AP 01=0 0 Request to Appeal a stop work order for Walt Morrow by Wolf Morrow — 2340 West Franklin Road." Corrie: Item Na. 15. Do you want to ha/ea break before Walt gets started or do you wand to -- Bird: I'd like a — De Weerd: Yes, he'll probably be long,, Bird. 1'd like a potty break. Corrie: Okay, we will take a — be back afi 9:00. You're on stage Walt at 9:00. I will have a break for 10 minutes. Reconvened At 9:Q6 P.M. Corrie: Item No,, 15 is a request to appeal a stop work order for Walt Morrow by Walt Morrow 2340 West Franklin Road. Mr. Morrow, you're up., Morrow: I'm too young to be a mister. De Weerd: But we're not going to debate that.. Morrow: Good, I'm glad. I'm Walt Meridian. I'm here Tonight to appeal a 0 Morrow, 2340 West Franklin Riad in stop work order that was issued on a project that we have at my residence, my place. Some background, I purchased that property in 1977., It's been under the same continuous ownership and Meridian City Council Meeting August21,2001 Pg -52 continuous dual uses since that point and time. The property was annexed into III the City of Meridian in 1981 on behalf of myself and Ron Van Auker who put together what is commonly known as Linder Industrial Subdivision. It consisted of, at that point and time some 11 or 12 properties and you can see it there on the map. This building serves the continuing uses that I've been using that property for, for the last 24 years. There is no development or subdivision of this 17 and a halfwacre site. It is a continuous site. From the items that were talked about in terms of the stop work order, I will cover each of those. One of the items was a design review process which was a condition of the annexation and zoning. That is true if was a condition of the annexation and zoning subject to the City of Meridian having a design review process. There is not now nor has there ever been a design review process in the City of Meridian. Point was raised about sewer and water. Sewer and water lines are three eights of a mile east of this particular property. At that Point, sewer runs out of grade, there is no capability of seweri*ng this property with gravity system. The City Ordinances typically use to say that if you are outside of 30d feet of sewer and water, VOL! were not required to hook onto sewer and water. Ada County Highway District the point was raised about right-of-way dedication and impact fees. Ada County Highway District through a letter has informed me that there is no additional right- of-way required at this point in time because there is no development plan. There is no impact fee required because it is not a development or a development process going on here. It s a simple building that serves myself and mly uses, Iath agricultural and construction. Point was raised about Ih landscaping. Once again it's not a development. It's not a subdivision process. It's an or'ig'inal 17 and a half -acre lot. There's 16 acre of green grass so, facetiously, how much landscaping do you want in terms of green space. It does have cows on the green grass. It serves a dual purpose. There was a question raised about the setback of the building — ***End Of Side Three*** Morrow: -- 73 feet. In terms of history, there have been four other Building Permits at this site over the course of the years. We followed exactly the same procedure in our application for this Ruilding Permit as we have for the other four Building Permits. The permit was pic e up on October 27, 1999. It had been approved by the city permii process. It went through the 3111111111111111me process as the otter four to repeat myself. There was no starling of this project until approximately August 1, 2000.6 If the City or the City staff had a problem with the permit process or the permit, i*t seems to me like in that intervening 10 mon s, the points should have been raised by the city or the city staff and not after construction and commitment of approximately 100,D00 dollars had been committed to on my part. I think that from that perspective. We've clearly established that there's more than ample precedent. It is a continuous ownership. There is not any subdivision process going on here or development process. It is a building that simply serves my continuing needs. Thirty percent Meridian City Council Mee:`tf, g' August 21, 2001 Pg. 53 of the bu'ibuildingdoesn't have a concrete floor.. i would entertain any kind of questions that any of you may have. Anderson: Mr. Mayor,, Corrie: Mr. Anderson. Anderson: Walt, I guess give me a little bit of history. Tell me what happened. You said that you and Mr. Van Auker had requested this to be annexed into the city under the Linder industrial Sub. W hat happened with that and why didn't that ever get developed, 1 guess? Morrow: It was annexed into the subdivision. There were 11 to 12 property owners. There has been some development over the years if you look at the buildings along Linder Road. There are two for lease commercial buildings. One was on the 5 -acre site that originally belonged ti,D the Peterson Motor Family. It currently houses a drilling, industrial company the drills and does testing of sails, testing and that kind of thing. The parcel next to that was also a 5 -acre site. It has a building for lease that has Hotsy Cleaning in it,,, It's currently apparently for sale. The other parcels were not developed at this point in time. The latest development was the interstate battery building. That's also the end of the area where you can gravity sewer and water,, That's where the grade stops so the rest of the dirt form there to Ten Mils i's not sewerable until the trunk line is built down Ten Mile Creek or until some sort of temporary lift station would be built at probably the Railroad tracks and Ten Mile. The fast place on the north side of Franklin i*s not in Linder Industrial Park. The Linder Industrial Park ends at the Jerry Bowersw ' est property line. Each of those owners has retained ownership of their properties with the exception of the Yonkee people sold their two parcels. Obviously the Petersons and the Nettleton's sold their parcels. Anderson: How were you guys going to originally sewer that area? I mean t ypically, I mean when you bring something in you run the sewer and water to and through the property. How were you guys going to do that? Marrow: At that point and time, the conditions that it was annexed and zoned under there was no requirement to do any of that. The requirement was that it was a loosely constructed industrial park and as each individual parcel was developed, that parcel would then be responsible for its own sewer and water as it became availably. Quite candidly, the reason that its taken probably 20 some years to do that, to develop out 1*s because there is no sewer available in terms of those parcels That are now — Anderson: Without a lift station? Marrow: Without some sort of mayor lift station and inner basin transfer.. So, the dF original annexation and zoning envisioned as each parcel was subdivided and Meridian City Council Meeting August 2l, 20Q1 Pg. 54 developed, that parcel would be responsible for its own sewer and water which was consistent with the city statutes at the time. Anderson: I know that the gentleman with Maple Grove RV, same type of scenario out there. That piece of property being annexed into the city without the 111 sewer and water services being available, f mean it's caused us a considerable 11 amount of headache. ! guess my suggestion with him is why do you want to be in the City? You'd be better off to be de -annexed. f guess I've got t,,1111,11) ask you the same question. I s there a n a dvantage for you to be i n the city? Morrow: I can vote from the standpol"nt of this process, no because in Ada County, Wane of this would even be an issue. In Ada County, in all probability, given the use of the building it'squestionable khat you would even have tC per mit the building through the agricultural process. The building would just get built. Anderson: And your use of the building is going to be for what? Morrow: The use of the building continues to serve it will serve as storage dor my construction business. In a small portion of it, it will serve as storage for my agricultural stuff. Tete portion with the dirt fl,Izz))lDr SlySteni will serve as a wintertime calving area because we calve in January and February as opposed to the outdoor calving that we currently do in that manner. At some point in time, the building is configured and constructed with the materials and the style that it canan be canverted as the property is developed and subdivided and be compatible with the covenants and the restr*ctions that I would put in place at that point in time so that it survives for all the other buildings that are there with the exception of the house don't survive a development, subdivision process. Anderson: Have you mei with the Fire Department to show them plans on the building and discuss the use of it and discuss water supply for fire protection for it? Morrow: I met with nobody. This went through the Building Permit process. We were given a permit. 1 stood ready to discuss anything that I needed to with 1& anybody but that was never part of the Building Permit process. We received a Building Permit. We paid far it. It was the is type of process as the other flour Building Permits at that site that we've had over the years. There's nothing unusual about it. The bu*1ding was of the size that it didn't require any type of sprinkler system. It did require two divider walls that separated the areas for area separation. In terms of the construction there was never any conversation wi�l� the Bujlding Department requiring or tacking about water ows or anything else. Anderson: Were plans submitted to the Building Department? Morrow: They certainly were. We have stamped and approved plans. Meridian City Council Meeting August 2i, 2007 Pg. 55 Corrie: Walt, did you have any conversations with Matt over (inaudible)? Morrow: No, the only conversations we have in terms are technical conversations about he has a water disposal problems. He uses my ditches to dispose of his ground water. We have conversations at the racetrack and how business and stuff is but we have no other conversations. I mean we had a neighbor conversation that's about it. Corrie: I guess one of my questions is how you gat a letter from ACHDI stating that you didn't have this requirement for that area and he did. He got required by ACRD to give so much land away. Explain how that would work. I'm kind of 'P confused, I mean he's required it by ACRD and you're not. Morrow: I can't answer 1*n terms of him. I simply went to ACHD when this stop work order came and i started dealing with that and I asked them about impact fees and 1 asked chem about right-of-way and the answer was that we don't need either because its not a development,, It ; s not a subdivision. Its being treated as an existing lot which it is of 17 and a half acres and that they have i i iiiiiii) monies apparently for purchase of right-of-way at this point in time or no plans within the 5 year plan of expansion of Franklin Road west of Linder and so its not a priority issue with them. What Matt's deal was, I've never read any of Matt's material, have no clue as to what his issues or problems were. Corrie: Shari, can you shed some light on that? I mean you were in the middle of that with ACRD and it came down as a requirement for him and landscaping and everything else.. How does this differ from what Walt has? Stiles: The Maple Grave RV came through as a CondIII itional Use Permit because it was a requirement in that zone. I don't know what the conversations Walt had with ACRD were. They treat Certificates of Zoning Compliance as a permitting process and they do comment on all Certificates of Zoning Compliance. This project was never submitted to Planning and Zoning for that Certificate of Zoning Compliance. It was submitted directly to the Building Department and we were not aware of it until the foundation was put in. I think it was initiafied by Mr. Dugan as far as a comment about how he was allowed to get a Building Permit and he wasn't and that's when we went and looked at the pians. The plans that were submitted show this as a, its hard to see on here but they're showing equipment storage in part of the area. This is shown as a livestock maternity area. That alone would mace it an expansion of the non -conforming use in an f -L zone which would require going through the Conditional Use Permit process. You can see that the building is, this would be what you'd see from Franklin Road. You can see the elevations of the building. The actual site plan that was submitted with the Building Permit showed this as a barn and shop which would not be permitted in the 1*.LL zone. Meridian City Council Meeting August21,2001 Pg,56 Anderson: Mr. Mayor,. Corrie: Yes, Mr. Anderson. Anderson: Kenny did we ever see any plans if the plans were submitted to the Building Department? Did the Fire Department review any? Bowers: Mayor Corrie, City Counc1*1 members, and Councilman Anderson. I don't know at all, Ron. I don't have any idea if Skip had looked through anything, if Skip had seen anything, made any comments on it. I don't know Ron, I'm sorry. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Well, if he got a stamped set of prints back, it should have the stamp if the Fire Department looked at it. In the Building Permit! process, I believe they dh look at it whether they stamp it or not,. Haw many sets did you have to send in Waft? Morrow: Two. Bird: Two sets. Corrie: Were they all stamped? Bird: Did any of them come back stamped? Marrow: Mine came back stamped. Stamped app -roved, Bird: By who? Morrow: By the Building Department. Bird: By the Building Department? Morrow: Which was who Daunt, or who stamps them? Corrie: But it didn't go to the Fire Department9 Morrow: I would have no way of knowing that.. Corrie: Well if it wasn't stamped by them I would assume that they didn't get it then. They stamp it. Meridian City Council Meeting August 21, 2001 Pg. 57 Morrow: Daunt runs permits before at this know if that's part of answer that. all those things by S kip. [ don't know that we've had site that were stamped by the Fire Department,, 1 don't IP Meridian's procedure on these types of projects. I can't Cor0 rie: s kip was pretty adamant about the fire protection over there,, I'm sure he would have -- of course we don't have Skip dere any more. I guess we can check with and see if the stamp is on there. If it's not on there, evidently he didn't S82 it. Morrow: I think the appropr-& -b iate thing would be to talk #o Daunt about that. That would be the person to talk to. Corrie: Yes, that might be but still its got to have all the proper stamps an it. Am I understanding that it's got to go through building and also through Planning and Zoning? Stiles: Yes,. Carrie: And it only went through building and not Planning and Zoning? Stiles: Yes, the Building Permit tracking showed it as an addition. Corrie: Okay. Anderson: It sounds like we need to ask some of these questions of Daunt., Corrie: Yes, 1 do too because 1 don't know how Skip was pretty adamant about water. That was one of the things he got up there and made the comment about them and Matt got a little bit irritated when he didn't have to have water and Skip said he did. Morrow: Once again, I don't know about Matt $ s issue but Matt's building is IP approximately the same six of this building and the bul*lding has been there for 10 or 12 years. Obviously none of those things were a requirement a� the t1b ime the building was built because it too went through the permit process.. It was built by Andy Law of G2B Concrete. Anderson: But I think he changed the use when Matt bought it versus G2B. Marrow: 1 have no clue. I can't answer that I don't know. Bird: I think the use on that was beIF 10 ing changed on his new deal,. What he was doing previously was okay. He wasn't doing anymore welding and cutting than GNB was doing in there, if as much but then he wanted to take on the full service Meridian City Co #1b, ig August 21, 2001 Pg,. 5 8 or sales. He wanted to self too,,, He wanted to have a safes lot out there. At that point he changed the scope of his business. Anderson: But it changes considerably if you're doing auto repair, cutting and 10 welding on cement truck versus doing repair work on campers that are made out of woad and all those things. Bird: 1 don't disagree with that. Anderson: The codes completely different. f think that what Skip's issue was probably what the concrete company was doing was fine buth e n Matt moved i n there it wasn't. Morrow: And again, the concrete company was very similar to my operation from the standpoint that it's self contained. It doesn't have customers coming in and out of it. Those are radically different operations. Anderson: It may very well be that what you're proposing with the storage and with the construction that you may fall within the requirements that you don't need sprinklers or you don't need certain things but without ever reviewd' ing those plans we don't know because we don't have the opportunity to compare the plans against what the code says. Somewhere through the cracks there, either Daunt didn't pass them to the firs department and P&Z or something evidently has gotten mixed up in the reprocess because it doesn't sound like the fire department or P&Z ever looked at those plans. Morrow: ! can't answer that. f don't know. IP when they were ready to be picked up. started. That's all I can del) you. We submitted them. We were called picked them up. Ten months later we Corrie: Walt, what was Daunt's reason for red tagging it? Morrow: Daunt's reason for red -tagging it was, as [ understand it, was he was told by P&Z to red -tag it. There was no Building Code violation. They had already mace two inspections in terms of the footing and the foundation. From the structural standpoint there were no building code violations what so ever. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Morrow, if I could ask you just a couple of questions. Besides this building that you want to put up and the house, what other buildings are out there no w? Meridian City Council Meeting August21,2001 Pg. 59 Morrow: There's a hay storage building. There's a loafing shed., There's an outhouse, a former milking parlor. There is a shop and office. Nichols: How big is the shop and office that's out there? Morrow: Probably 2, 300 square feet. Nichols: How much of that is shop and how much is office oris it just one? Morrow: I would say, shop is 1800, 1900 square feet across that way. The office is 3 to 400 square fleet. Nl"chols: This new building that you started is that to replace the existing shop that you have? Morrow: No. Nichols: So, this would be an additionalSh D p and — Morrow: Well, we have several vehicles that we need to store. We have stuff that's outside that's aging due to the weather. It's designed to store that. ft's designed to stare from time to time we furnish houses. Its designed to store some of that furniture as it moues in and out of model houses. It's designed to store steel from steel buildings that carry over steel that would weather and rust if it were left outside,. So, that's the function that this building serves,, it s 11111111111 ot a function to do woodworking and fabrication and that kind :)f thing in there at all,. That stuff will continue in this shop that we have. Nichols,: So, the expansion of the use then is for storage of additional items, is that what you're saying,? Morrow'., It's for storage of existing items that are currently in the weather and for items that we currently lease storage space for at the Merchant's Moving and Storage. It's not an expansion in terms of the calving area it's not an expansion of the use. It's a matter of taking them inside and out of the wind, the rain, and the snow as opposed to having them outside where they are now. Nichols: But the items Storage that would be there? that you have stored off site items that you want to bring at Merchant's Transfer and onto your property to store Morrow: That's correct, for ease of access to move in and out. Everything else Rh is stored on the site as we speak. De Weerd: Mr. Mayor. Meridian City Council Meeting August21,2001 Pg.60 Corrie: Mrs. de Weerd. De Weerd: I guess I don't understand our process. Its almost similar to some of the situations we had on Broadway when someone wants to add something or if the house were too burned dawn they couldn't replace it with a house because its now'ndustrial. What's conforming and what's non -conforming and when you put in a new building, is that when we require everyone to bring everything else up to code? You know, is this different than those situations? Or is it one and the same?. Morrow: I think the answer to your question the short answer is that every situation is different because there are different perimeters and different usages and there's a thousand pages worth of codebooks that address uses and requirements for each use. There is no simple answer to your question that one i - s like another. The best answer'is, is that everyone is different. As opposed to for example a residential subdivision where it's basically there's not a lot I mean there's difference in style and size but there's no difference in uses and requirements. So, it's very difficult to compare any two properties that are outside of residential because they can all have substantially different requirements. That doesn't help you very much but that's what reality is. De Weerd: It certainly doesn't. Then, why is this so different from Maple Grove RV when he came in to expand his business to accommodate the growth of his business and he had to assume all the, bring everything up to code at that time? Morrow: Once again, I can't really answer that because I'm not familiar with his deal. What I've heard here tonight was that he was required to have a Conditional Use Permit because he was going into sales which apparently is outside of the industrial zon6ing.- De Weerd: Non-conforming. Morrow: It could be,, I've got to tell you that from my time on the Council and this conditional use thing has been grossly overused. At our Po'Int and time we considered doing away with the Conditional Use Permit process. The only reason that we kept it was it old town Meridian defied zoning because each use and each parcel was different. There was also a strong feeling about educational d' facilities for minor children in industr*lal and commercial zones. The last item was for bars and that type of thing that might be in a residential or partially residential area. Other than that our thoughts at the time were that if you're going to have zoning then you write the Zoning Statutes that are all inclusive and you don't spend a lot of time doing conditional uses for each little thing. Apparently i*n Maft's case, his desire to have sales, and 1 have mno idea what the quantity or the size of the sales lot was. f know that he's required to have a license to have sales more than 5 a year as any of us would be and that the city or the entity where the sales yard is located has to sign off an that. That's all I know about his Meridian City Council Meeting August 21, 2001 Pg. $1 issue,, It's totally different than what my issue is so I can't help you any more with his deal. De Weird: Then I guess my question would be when it was rezoned to the industrial use and you maintained the agricultural use, it sounds like that's allowed until a change is made. I don't understand how the additional buildings that you did didn't change that and now this is a much larger size building. Is that why its now different than when you got the other permits? Morrow: No, it's exactly the same — De Weerd: Because agriculture — Morrow: It's exactly the same thing., What you have to understand is, by Tax Statute, we're still taxed as continuing agncultural even though we're zoned industrial because it's a continuing use,, De Weerd: Operation.. Morrow: It's a continuing operation_ The grandfather rights survive the zoning. It 1h 1h has a dual use until development and subdivision takes place. Once a lot such as the ones l talked about up on Linder, even though they're 5 -acre lots and the two buildings that are there don't consume all the 5 acres, there was a subdivision process that was done,, So, that took away any agricultural capability and made them industrial solely and are taxed as such. De Weer: So, this is just continuing your dual use? Morrow: That's correct. De Weerd: It doesn't change that at all? Morrow: Thai's correct. De Weerd: Okay. Nichols: Mr. Mayor, members of Council if I can ask a question of Shari. Corrie: Yes you may excuse me. Nichols: Shari, in the industrial or the ]-L zone, is there provision for accessory buildings like this or what —how ? Stiles: We do have a -- in the ordinance it dogs speak to accessory buildings. However this would not comply with that provision of the ordinance. Meridian City Council Meeting August 21, 2p01 Pg. 62 Nichols: Because -- Stiles: It's not in a rear yard. If it's not in a rear yard it's suppose to be connected with the principal building to which it i's accessory. Obviously this building at 8,750 square feet far exceeds any other building on the lot. It would also fall into the category of more than one principle building on a lot which also huts it into the Conditional Use cate90ry. Accessory buildings also cant be more than 15 feet high. They can't occupy the front yard setback. Usually the accessory buildings would like a shed or maybe a garage but this would not fail Ih Ih into the accessory building provisions of the ordinance. Anderson: Shari, did you say that the Building Permit that was issued was based off of this being an addition? Stiles: That's what the permit tracking shows it as being. 1 don't have a copy of the actual application. The sheet that was submitted with the application but 1*t is listed as an addition., Anderson: Because I mean, clearly its not. I mean it's a freestanding building all out by itself,. ! guess I'm just concerned at how the Building Permit got issued in the first place and without it going through all the proper channels and whether somebody marked the wrong box on the application or somebody put it in the wrong pile or whatever. 1 donIt know. But i mean it seems to me Tike this thing d' needs to go back and get reviewed by all the principle parties and then we can have a better understanding of what things does it conform with and what things doesn't it conform with. At this point, we don't even have a thorough review. De Weerd: Mr. Mayor. Corrie: Mrs,, de Weerd,. De Weerd: I agree that that is how it should normally be but I'm also a firm believer is once decisions are made that you live with the decision. You can't keep changing things to death. It seems like there's something flawed in our process but you know at whose expense here? You know, construction ahs already started on this building. It's kind of too far into this to be changing an approval that was made. You know, yes, it was done wrong and we need to look at the process here but I'm also one that once your approvals are done, quite 90n1g back and changing things. Just live with the decisiil!n t hat was made and move on.fHopeully, you`re not going to be a donkey and do it again. Corrie: I don't agree with that at a114, If you made a mistake, you'd better correct it then because he could have a building going up that could be 500 ,000 dollars and at the final okay, he's left out there hanging the fag. I think that 1*f it was done wrong, then we need to correct it and make sure its done right. He's got a perfect to go ahead and do what he's supposed to be doing. But if we fouled up , Meridian City Council Meeting August21,2001 Pg.63 why have a mistake continue to be a we made a mistake in the Building they slopped it. If I'm not mistaken Walt? 10 mistake and hanging him out to dry?, I th'nk Permit in the first place and they say it and this was stopped in October. Is that right, Morrow: The end of September. I was out of town when it was stopped. Corrie: Okay this has been almost a year? Morrow: Correct., Bird: Mr. Mayor. Anderson: Go ahead Keith. Bird: The only thing is that yes, it was Stopped, along Tammy's line is I don't believe it was stopped because of faulty building or anything else.. Most work stoppage is because of that. This is sornething that I s going on to expand and help I guess expand another business or the existing business plus for his cattle, d' having the calving things. Its not as if he's starting a new business out there. 1 don't understand the zoning,, In the first place 1 don't understand the control that we want under Conditional Use Permits, which everybody knows how I feel about those things. I think that, and I P m going to pull some plans that went through Men dian and see if the fire stamp is on it. I don't believe there is a fire stamp on them,, I absolutely don't believe there's a fire stamp on them. [ think they look at the and might sign off on the same stamp that's on the building stamp. City of Boise certainly doesn't. They're just a stamp that says its been approved bY all departments and signed off. Whether it went to that or not, we wait, they pick up the permit i'n 99? Morrow: That's right, October E&&" - Bird: 99, what? c" Morrow: October 27 Bird: Of 99? Morrow: That's correct. B'I And we stop it ird: n October or the end of Septem��r of 2000? Morrow: We didn't stark construction until August iso. Bird: Okay. Meridian City Council Meeting August 21, 2001 Pg. 64 Morrow: There was a 10 month period of time that if quote unquote this was wrong, that the city should have said something that it was wrong. Anderson." But the Building Department doesn't automatically send something to the Fire Department and the P&Z that says we issued a Building Permit for such and such item. I agree with what you guys are saying. I mean I think something happened here in the process that's not right. But 1 have a real concern especially when it comes to the life safety issues and when we talk about water supply for an 8,000 square foot building. If these plans have not been reviewed by the fire department and I've toil Walt and Keith both this. I mean I have situations that have happened in my jurisdiction the building burns down and 1*f somebody's killed or injured, they're coming back on the Fire Chief because you didn't enforce the codes. We never even had a chance to look at the bluepr'P ints IP in the Fire Department and give approval and make recommendations whether it needs water supplies or additional firewalls or whatever it is. So, its not just we screwed up, oh we can let it go because that hazard is sti*11 out there. That It IPresponsibility still Pays with the Fire Chief .6 It for as long as that building is sitting out there. Until those life safety issues are taken care of, they're stili there. They d' don't just go away because we made a mistake. I think we also know that with the history, I mean Walt use to be on the Council. He's a builder. He's worked with Daunt a lot. Forever whatever reason Daunt didn't feel like he needed to run it through those other channels or whatever. I think we need to find out in that process and it needs to go through the pro111)er Channels. i would think Walt being a responsible builder wanting to do the right thing would have no problem with it going through those proper channels and taking care of the things that need to be taken care of. Marrow: I guess my response to that would be is that the firebreaks that are in the, there were two walls spaced in there by the Building Department to be divider walls. Now, whether that came from the Building Department's interpretation of the codes or whether it came from the Fire Department I cant tell you. I submitted the plans like we submit every set of plans and in this particular piece of property lice we've submitted the prior four sits of plans, got the plans back. I'm to assume that everything is fine and we press ahead and start construction. Anderson: (Inaudible) you wouldn't have that impression. It appears to me like it didn't glii through all the Channels — Marrow: [ can't tell you that. 1 don't know. Anderson: -- as is becoming obvious to everybody that it didn't. Morrow: I can't answer that. All I can tell you is that part of the requirement was to put in the 2 -divider walls which we agreed to put in. Meridian City Council Meeting August21,2001 Pg.65 Anderson: There are several things that are both in the building code and in the IP fire code and there are certain things that the Fire Department is going to look at to make sure that you have. Morrow: That's correct. Anderson: Water supply is obviously one of those that you don't have. Now there are different routes that they cango with you tiake it more feasible for you but it still needs to be considered in this building. Marrow: I can't answer that. I wasn't -- again we got the Building Permit. We made the application. I'm not privy to what went on internally in terms of those conversations. Bird: Gary, what's the process if I walk in with two sets of prints? I need a Building Permit. My zone's okay. Smith: Bird,, Bird: I through Permit. Mr. Mayor, Council, I didn't understand the last part of that Councilman don't need to go through Planning Planning and Zoning. I walk in with I'm already in an okay zone. We're process? and Zoning, if 1 don't have to go a sit of prints. I want a Building not talking about this. What is the Smith','. The plans are supposed to be sent to Planning and Zoning so we get a Certificate of Zoning Compliance that tells us that its okay to build this, a conforming use to build this building in that zone. Bird: Okay, then what's the process? Smith: That Certificate of Compliance comes back. I think there are six sets of plans that are required for distribution, review, commercial plans that are submitted with an application. The next step is our little review committee meets to make sire that the plans are complete and they have necessary information on them to allow the departments to review them. Then they I re sent out for review to the individual departments., Anderson: It doesn't even sound like in this case, I mean if you walked in with IP two sets of plans that it didn't even meet the minimum requirement of six secs of plans so how could they have been distributed out to everybody?. Smith: I don't know, I don't think they were. l think that the Building Permit was W ssued on the basis that it was an addition, an existing use,, I don't know the -h decision that Daunt made in issuing the Building Permit 1:1111111)ut it`s my assumptionL) r Meridian City Council Meeting August 2i, 200'I Pg. 66 my understanding that if was just based an it was an addition to an existing use in that zone. That was the basis for the issuance of the permit. Anderson: I guess, [ mean, before I can feel good about making a decision on an appeal, I'd like to hear form Daunt on what transpired with the plans. De Weerd: Who saw it ? Anderson: How was it presented? Was it pre sented aS an addition.? Was it presented as a new building? What did he d o with that i nformation? Corrie: Would you have any problem with that Walt? 1 realize that you want to Ill get it going — Morrow: t don't have a problem with that. �bvious[y Councilman Anderson raises some legitimate points in terms of did Skip see them or didn't he?., f happen to think that he did but I don't know that for a fact. I know that the divider walls were spaced to be in there. 1 think addition is probably the wrong term because clearly it was never submitted as an addition to any existing building. It was submitted as a freestanding building. I don't think addition is the right word here. It was always submitted just exactly as you see it to and including the structural information and the steel information with respect t1111,,:) the steel spec. Eve] ythingwas there with respect to the plans. It was in I999. It would have been submitted in, I'm guessing August, maybe September area of 1999. It was ready to be picked uP like 1 said October 27, 1999. The process today that Gary describes is somewhat different than what it was i n 199 9. That's all 1 can tel! you. I don't know. I don't have a problem at all with Daunt telling anybody what the process was or what process he used. De Weerd: It mush be something because ACRD isn't even requiring anything to happen. But I agree with the life safiety issue part and thatdo — Corrie: I'd still like to pursue that ACRD a little bit -- why they would require it for one and not somebody else. There's a reason for it — Bird: One guy was putting traffic on the road. He was wanting to because he was opening up a retail shop which was putting traffic on the road. This is not putting any more traffic on the road, Walt. Whether he builds this or don't,, he isn't going to have any more people drive into his driveway ane -way o r the other. Corrie: I understand that but why would ACRD requlp ire for the ('inaudible) of the road from one and not for another? Morrow: Their interpretation is one is a development process and the other one isn't. There's clearly no development going on here. Perhaps a Conditional Use Permit is determined by them to be a development process? Meridian City Council Meeting August 21, 2401 Pg. 67 Corrie: Could be. Bird: When you figure out how they (inaudible) Lets us know would you? Morrow: It's the same thing as when you and I were on the Council and they determined that underneath the creamery was the sidewalk for the street,, So, they would have to tsar off the awning that we thought was unsafe. I can't tell 41 you what their thought process is. On this proposal they treated it as a non development proposal and that they're not buying right-of-way except apparently in eminent construction coming dawn buying right-of*4tway on Franklin Road east of East First out towards Locust Grove because that's a project that's a scheduled project coming down the pipe. Corrie: With due respect to ACRD they weren't going to buy that either. Anderson: If we could and 1'd like to try to find out if, what the process he used or what information he was given or how he presented this. I still think regardless how it went down, if the Fire Department hasn't looked at them they need to look at the plans and make their comments. De WeeVU: Can Kenny find that out? Anderson: I think he can. You can check and see whether the Fire Department has had the opportunity review these plans? You can all Skip up and ask him if he remembers that., You can go through files and see if there's anything. Bird: They should log it in.. Morrow, Daunt would be the easy answer to that because Daunt would be in charge of spreading the plans. De Weerd: (Inaudible). Marrow: He'd be the guy to ask. Corrie: Okay,, De Weerd: If he hasn't that needs to — Anderson: In my opinionq3yebecause we're not abi c)l ed from still having that liability if there's life safety issues there. Even when the Building Permits granted and even after the building is built and has been there 10 years that issue doesn't go away. We're stili respor�sible for it. Carrie: Okay. Da you want to let us find out what Daunt has to say? Meridian C'Ity Council Meeting August 2'1, 2001 Pg., 6 8 Morrow: I think that's appropriate. Corrie: And get back to you and have you come back another to get the answers to that and mal e you privy to all those answers as we get them. See where we are and make a decision after that. Morrow: That's fine. Corrie: When we have all that done. Nichols: Mr. Mayor. Corrie: Yes, Mr. Nichols. Nichols: Mr. Mayor, members of the Council because this is an appeal and therefore constitutes a quasijudjcial proceeding, you're going to get some stuff from Daunt Whitman and I would suggest that you actually have him come to the Council and present it. (Inaudible discussion amongst Council members) Corrie: That's why ! wanted him to be sure that he was here. Nichols: 1 just wanted to make sure that Counc*11 understood that that's I iat it would be rather than — Bird: He will come and testify. Nichols:omebod sy sitting down with Daunt or Daunt issuing a memo or whatever it needs to be here where Mr. Morrow can hear what he's got to say,, Corrie: That was my purpose that he was here and we're all here at the same Time. Nichols: The other thing that should be included in that is Council aught to receive as part of this appeal, a copy of the Building Department's file including the Building Permit application and then anything that's been issued by the building department so that you've goi chat in front of you. Corrie: Do we need to set a time for this tonight or can we set that ? Nichols: Mr,,, Mayor, members of Council,, It's not a Public Hearing so i*t doesn't have to have the hearing noticed but and I don't know when Daunt Whitman is available but ! guess you could make h4' im available., Meridian City Council Meeting August2l,2001 Pg. 69 Bird: He works for us he can be available. Corrie: Well, we have a meeting the 28th. Nicholsl,hMr. Mayor. This probably constitutes a land use matter therefore 1*t (inaudible). Bird: The 4 t''. Corrie: September the 4 t **`End Of Side Four*** Nichols: him. We can put it an the agenda -- schedule perhaps and make sure that this is early in the agenda for (Inaudible discussion amongst Council members) Bird: So he doesn't go to sleep back there? Corrie: Is the 4 t" okay with you Walt? Marrow: The 4tis fine,�' Corrie: Okay. Bird: But early on the agenda so he doesn't go to sleep back there. C orrie:I'm going to put him to last because I like to hear him run. Carrie: That'll give us some time to get (*inaudible) Morrow: Okay. Corrie: Wait,, we'll have it the 4t" . 111'get it on the agenda. We'll see what he's got to say and we'll get all the facts — (inaudible discussion amongst Council members) Morrow: Very good. Corrie: If you have anything else bring it to us. Morrow: ! will. Thank you. Item 16. Water,, Sewer and Trash Delinquencies: Meridian City Council Meeting August 21, 2001 Pg. 70 Corrie: Last on the agenda 1*s the water, Sewer and trash delinquency. De Weerd: Oh, that s in my box, huh? Corrie: This is to inform you in writing if you so choose you have the right to a pre -determined hearing at 7:30 P. M. Tuesday, August 21St before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer and trash bill is deli nquent. You may retain counsel. This service will be discontinued on August 29th and 31, 2001 unless payment is received in full., (inaudible) who wishes to contest his or her water, sewer delinquency? Council we have changed that with Keith's approval to the 29th at id 3OthVVe had a little computer cliche. I hereby inform you that you may appeal to have this (inaudible) decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho State Code. Even if they appear the water will be shut off. The ('inaudible) amount i*s 43,577.57 dollars. Any other discussion? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd move that we approve the delinquency shut off for the days of August 29, 2001 and August 31 , 2001. Anderson: Second. Corrie: Motion made and seconded tO have the discontinue August 29th, 30th, and 31. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES (inaudible discussion amongst Council members) Carrie: That's just the burning off. Okay. on the turn off Bird: That 's Wednesday and Friday. She just wanted one day and we figured give a day 1*n between. Mr. Mayor. Carrie: Mr. Bird. Bird: Before we adjourn mere, Iasi week when we had, when the school d[Stnict had come forward. (inaudible) we said we were going to try to get together with a committee or two. Have you been -- Meridian City Council Meeting August 21, 2001 Pg., 71 Corrie: Gal! and f have been working with the school district an that,, Also I have a lunch appointment with Christine to go over some things with her. We did go over a little bat on it the next day with the Kiwanis club and she was very concerned with what she heard. Staff and Gary will be going it together with her. Bird: Thank you very much. Corrie: Anything else? !'[I entertain a motion to close the — Bird: So moved. De Weer -u: Second. Corrie: Motion made and seconded — my goodness. Ali those in favor say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 10:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: E . h 14 - , , , I I != P& /j&q1rr le57)0-1. � —UMMor— M mow 4f E WILLIAM G. BERG, JR., Offy LERK *� TX': I RMFiT [OBJ REPORT �x AS OF AUG 17 �°.. 17:4i AAGE.01 CITY DF MERIDIAN 09 DRTE TIME TO/FROM 08117 17= 03 2882882501 MODE M I N/SEC PGS CMD4 STATUS 10 08x17 17:06 8842;59 EC ---S EC --S 01'3Z" 005 01'33"0 234 23Q OK Ok 17. 08117 17*08 2088840744 EC --S 01,33,1005 234 QK 12 68/17 17DIO 2e88845077 ECJ ---S 01'33" e95 23a DK 23 08/17 17:12 268 898 5591 EC --S 02'55 005 234 OK 14 0811? 17:15 LIBRARY EC --S 02'00t' 005 234 OK 15 48/27 17:18 2083776449 EC --S 01'34" e65 234 OK lb H8/17 17:20 8886854 EC --S 01,331, 005 2:34 DK 17 08117 17622 20E33757154 EC --S 61'33" 085 234 DK 18 08117 17 24 8958398 EC --S 01'32" 00S 239 OK 19 0g/17 17:26 Laurel EC --S 01'34" 005 X34 p1( 28 08/17 17*28 CHERRY LINE EC --S 01,59,, 005 234 OK ----��- e8/17 i7:40 PUBLIC WORKS UF --,%S 0Z'13° Q05 234 OK 0,! rt Ig! 400 �r'67 T 01 1 <6 .r, . 0.f2pe o d ;/;V j L jF3 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGIENDA Tuesday, A U9 ust 2f, 20011 at 6: 3 o P.M. CRY Council Chambers 1.4 Rol! -call Attendance: Tammy de Weerd Anderson Cherie McCandlessRan Keith Bird MAWWMMMMMAW�Mayor RobeR Corrie 2. Adoption of the Agenda: 3. Consent Agenda,.,, A. Approve minutes of July 1 G , 2001ityCCaunci) WoriCshop: Bw Approve minutes of July 17., 2001 City Counaf Regular Meeting: C-0 Approve minutes of July 24, 2001 City Council Regular Meting: n• Approve minutes of August 6, 20()l City Council Special Meeting: E• Approve minuses of Auguste) 2t}01 City Council Special Meeting: F. Tabled Prom Aug mt 81 2p 07: Findings of Facts and CDnClusfons of Law for Approval. CUP 01-01 8 Request for the continuation of a three-year CUP granted In January 1987 for modulari buildings n an LwO zone for the Meridian Assembly of God by Meridian Assembly of God — 1830 North Linder Road: G. Fabled from August 8, 2Q01: Findings Of Facts and Conclusions of Law for Approval: AZ Q 1-!}03 Request for ann"afion and zoning of 373.42 acres from RUT to R4 and C -G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company — 2420 Ustick Road,: H. Ta b led fro m August 8, 20 Q 1: Fi n d i n gs 0# Fact!; and Conclusions of Law for Approval: PP 01405 Request far MeMian C4 C-OUndl Agenda � Augug 21, SOD A1� ��k �s ��d �t pe c p 1 or 5 1;h;111 boom* peoperty of !m city of Mian. AnYme d dng ad on rcCdWMitin nigaw tod Me= s,P14351) co�t�c# theCO ferf�� 88 433 at � 48 houm pdor to !kms p lig making. ** TX CONF I'Nt A T I ON REPORT ** A5 OF AUG 17"'01 1?:50 CITY DF MERIpIAh! PAGE. 01 DATE T I ME TO/FROM MODS M I N/SEC PGS CM DH STATUS 24 08/17 17:48 3910160 ECJM* 4m�=S 02'40 " 005 240 OK TAT!! !40&& ^ ib wm � iF iiF iTw ! iii m� mmmF � iiF a� TRS ilii iii *! iiia TRS i ■ i T L' Z A177 d 17; �� r 41FL in id. A 07AM 0 vp/+ re �f 4 .1 �F W& 16 a* r 1010di CITY OF MER11DIAN CITY COUNCIL REGULAR ME ING AGENDA Tuesday, August 21 , 2001, at 611W,30 P.M. City Council Chambers 1.0 Roil -call attendance: Tammy de Weerd Cherie McCandless Mayas Robert Corrie 2-a Adoption of the Agenda: 3. Consent Agenda: Ron Anderson Keith Bird A• Approve minutes of July 10 ao0I City Council Workshop: B, Approve minutes of July 17, 2001 City Council Regular Meeting: ct Approve m'0 inutes of J U1Y 24, 2009 City Council Regular Meeting: d. Approve min�tes o August 6, 2001 City Council 5peciaf Meeting: E- APPfove minutes of August 8, 200'1 City Council Special Meeting: F. Tabled from Augmta , �D01: Findings of Facft and Concl usions of Law for Approval: CUP 01,6018 Request for the contnuabon of a threemyear CUP granted in January 1997 for modular buildings in an L-0 zone for the Meridian Assembly of God by Meridian Assembly c)f God — 1830 North Linder Road: G. Tabled froM11ust 8, 201: findings of Facts and Conclusoons of Law for Approval: A2 01w003 Request far annexabon and zoning of 37'x.42 acres from RUT to R-4 and C -G zones for a planned development consisting of residential, office and commercial uses for0proposed E�Hdgetowsr Crossng Subdivision by Prfmeland Development Company -- 2420 Ustick Road: H. Tabled from August 8, 2001,b findings of Facts and Conclusions of Law far Approval: PP 01-E1#O5 Request for MeMian city Cmnd Agenda —Aug 21, MW Pape 1 of s A� msferiah pn"Mcd at public mew DW ahsp umm property of the cfty of Marmian Anyone dasdidng aocommodsEion dis - Was relat6d to docu ts and/or heerings, 0lam contsctthe CWy CWWS Offkm at 8884433 at least 48 hours print to the pubAc meeting, ** TX C0NFIRMi:i--.---. jN REPORT ** F RS OF ALIG 22 ' 0 1 �, _:. • 51 CITY OF MERIDIAN PAGE, 01 RATE TIME TO/FROM MODE MIN/SEC PSS CMD4 STATUS 11 08122 16: 46 PUBL I C WORKS UF -64--s 00,11"e0l 059 OK 12 08122 16:47 2082882501 EC ---S 08'21" 091 659 OK 13 08122 15:A8 9341159 EC --S 00'21"001 059 OK 14 08/22 16:A9 2888840744 EC --S 69'20" 001 059 OK 15 08/22 16:50 208 898 5501 EC --S 00'20"' 001 059 4K 16 08/22 16:50 E3886854 EC --S H0'20" H01 059 DK 17 08/22 16:51 895039@ EC ---"S 09' 19" 901 0159 OK BEAR CREEK DEVELOPMENT LLC, P,o,Box3 men"di"an,ID 83684 (2U8) 888-9946 (268) 888,,9947 FAX August 22, 20 01 Mayor and City Council City of Meofidian 33 E,, Idaho Street Meridian, 10D 83542 RE: Sear Creek Subdivist"Ou RuildJug Permit Restrictions D e ar Mayor and City Council: In accordmance with the conditions imposed at the August 21, 2x01 City Council meeting., Bear Creek Development, LLC hereby agrees to resfict building permit issuance to I3 4 lots for the Bear Creek Subdivision prior to the completion of Well Na. 22. We anticipate Wel] No. 22 will tae fully op erarional by January 2002 and building permit restrictions will b e removed at that time. As such, please process the final plats and d evelopnient plans for B car Creek No. 2, 3, and 4 at your earliest convenience. Gra9&fkJBohnso Managing M=ber Cc: Gary Smith, P.B.- Brad Watson, P.E. MS 'r ti r ' ti 1 { r ti xRECEIVED AUIG 2 1 2uo""01 CITYOFMERIDM DELINQUENCY FOR TURN Of F SCHEDULED FOR 08/22/01 & 08/29/01 MAYOR. This is to inform you in writing, if you so c hoose, that you have the r"'ght to a predetermination hearing at 7:30 P.M. Tuesday, August 21, 2001, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service wi1l be discontinued on August 22, 200 j or August 29, 2001, unless payment is received in fui. Is there anyone present who wishes to contest his or her water, sewer and trash e i uency? ores onse, ) MAYOR: They are hereby informed that they may appeal or have the decision of the iiy reviewed by the Fourth C ial District Court, pursuant to Idaho Sate Code. Even though they appeal, their water will be shut off. The amount o the turn-off list is $43,577.57. QL f ri AMA CITY OF MERIDIAN Delinquent Account List,- council Page'; 1 Standard Payment Customers Aug X1,2007 01-.32pm Current Period.: 0813112001 Delinquent Min'i'mum of $ 20.00 compared to Delinquent balance Report Criteria; Terminated customers not included Custorner.Cust. No 9900000 dust No Marne Balance Non-,Delj'nq Last Pmt Last Pmt 06/3012001 05131!2001 04!3012041 Date Amount Msg 1.3990.1 ADA COUNTY OPERATIONS 69.84 38.16 39.68 - - 06/25!2001 31.68 - none 3 5.019 0.2 A H EA RN -, THOMAS 88,44 54.61 33.83 - - 07/1112p07 120.00- 15,0060.3 AHERN, ROXANNE 98.51 74.51 24.00 1,1360,1 AKERS, GENEVA 354.14 244.55 905.59 - - 06I20/20b1 157.06 - none 74.,3698,2 ALGIN, CATHY 86.97 52.73 3A.18 - - 0711,912001 41.98- 50,1476,1 ALI & FARFIA ISHAQ, SABIHA 731.63 388.24 343.39 - - 07/23/2001 346.93 - none 74.2452.1 ALLEN, RICHARD L. 154.46 82.23 72.23 - - 07!17/2001 56,24 -none 50.4502.2 ANDERSON, STAN 74.84 40.66 34.18 - - U7/03/2609 34.18 - 22.1250.1 ANDERSON, WILLIAM 178.39 120.11 58.28 - - 06/19/2009 37.37,, Wane 2.6300.1 ANSON, PATRICIA 177.95 153.12 24.83 - - 07117!2001 b0.00 - Worse 53.0700.1 ARNOLD MACHINERY 648.28 324.14 324.14 - - 07/16!2007 324.14 - none 53,0701.1 ARNOLD MACHINERY 354.78 272.16 82.62 - - 07/16/2001 179.82 - none 21.1708,1 ARTS, MICHELLE & RICK 205,06 125.A5 ?9.61 - - 06/19/2001 41.4 8 -none 21 .2212,1 ASMUSEN, RICH & MELISSA 125.95 71.,75 54.20 - - 07/93/2001 52.97 -none 40.0252.7 AVERY, GENS & JULIE 104,.01 68.16 45.,85 - - 06/26/2001 4616 -none 69.1620.7 BACHMAN, MICHAEL Lr 254.21 157.24 96.97 - - 07/17/2001 66,22 -none 49.0902.1 BAGLEY, FREDRICK 257.98 135.,47 122.51 - - 06119/2001 372.D1 -none 74.2676.1 BAIRD, KAREN LEE 188.79 700.94 87.85 - - 07!17/2001 6(}.00 - none 69.D138.1 BANG, JAMES & PEGGY SUE 112.60 45.17 67.,43 - - 07!17!2001 82,88 - none 3.0320.1 BANKHEAD, DONNA 81.60 55.22 26.38 - - 07/17!2009 26.38 - none 46.0106,1 BARNES, DAVID 81.50 45.22 3$.28 - - 07/16/2009 36,28,- none 43.2448.2 BARON, KONA & MICHELLE 88.37 51.73 36,64 - - 07/17!2001 39.10- 21.0464.1 BARB, JERROD F 106.10 63.67 42.43 - - 06127!2001 37.51 - none 74.2822.1 BARR, KENNETH 284.91 143.07 149.84 - - 06/13!2001 208.65,, none 21.2626.1 BASAURI, ROBERT & DENA 260.01 172.07 81.94 - - OS/20!2001 76.25 -none 42.3010.1 BAUER, JEREMY 97.37 67.38 29.99 - - D6/20/2001 73.51 -none 73.4590.1 BEACHWOOD BUILDERS 94,59 73.72 27.47 - - 06/13/20Q1 8,71,, 32,1412.1 BEECHER, CYNTHIA 180,37 134.77 46.2D - - 06120/2001 62.,88 - none 74.2762.7 BEEHIVE SHELTER NOME 428.58 288.20 138.38 - - 07l2'7/2001 229.77,, none 31-1004,1 BEHNER,, ROBERT 16A.75 105.91 58.8A - - 06!05!2001 93.08 - none 4.2010.5 BELAIR, DENNIS 218.03 172.75 46.,28 - - 07/23/2001 75,00- 33.2316A BELL, LILLY 66.99 37.78 28.,84 .37 - 07!1612001 30,.00 - none 33.1828.1 BELL, RONALD & JUNE 142.49 82.48 60.01 - - 07!17/2001 45.25 - none 14.4440.1 BENCO INC 102.54 68,3& 34.18 - - 06!19/200'1 76.89- 51,3568,1 BENNET, PHILIP & CAROLYN 91.45 65,00 26.38 .07 - 07!18/200'1 40.00- 33.2772,2 BENNETT, GREG 111.99 59.8'1 52.18 - - 07116!2009 120,11,, 51.2622.1 BENTLEY, DONALD 184.28 103.69 90.65 - - 07!09!2001 90.65 - Worse 51.2623.1 BENTLEY, DONALD 299.70 234,.90 64.80 - - 07!09!2001 24.30 - none 5D.1934.1 BERRINGER, KEVIN 290.76 142.47 148.29 - - 06/1912001 52.31 - none 5D.4222.1 BETZOLD, ANTHONY 79,31 46.53 30.21 2..57 - 07177l2001 31.00 - none 21.2032.3 BIANES, ANITA 92.06 52.96 39.10 - - 06127!2001 37.87- 21.1754,1 BINGHAM, KEVIN W. 217.25 111.25 106.00 - - 07/1612001 54.34 - none 35.0305,1 BISSELL, ROBERT 8 ELIZABETH 64.69 40.66 24.03 - - 07/1712001 6,.48- 3.0308,1 BITTNER, MICHAEL 104.37 72.84 39.53 - - 07/1712001 A5.00 - none 31.3372.2 BLACK, KENNETH 733.32 83.43 49.88 - - 06/2712041 35,13- 51.,3680,2 BLAKE, DALE 7U0.98 40.5a 34.06 26.38 - 05/08/2001 26.3$ - 42.0408.1 BOBKO, RAYMOND 215.,34 341.66 73.68 - - 0T/37!2001 67.69,, none 19.6650.2 BOECKERITZ, JEREMY 80,37 53.99 26,38 - - 06!27/2001 27.61- 52.02461 BOLO'S PUB & EATERY 828.35 303.64 284.49 240.22 - 07!2012001 284.49 - none 21.2124.3 BOUDREAU, YVETTE 123,.87 79.,90 A3.74 .23 - 06120!2001 110,001, 19,6640.1 BOUNSANA, SOUVANNA 150.41 105.82 44.59 07118/2001 50, 0 0 -none *"" in Msg column indicates no Notice *Is to be sent CITY OF MERIDIAN Delinquent AList- council gage: 2 Standard Payment Customers Aug 21 .2001 01.d. 32pm Current P 08/31/2001 Delinquent Minimum of S 20.00 compared to Delinquent Balance Cult No Name �V-F+Y-1•L•ti•rr� - Y M Yti� �4i i � �� Balance Non,,DeIi`nq 06130!2001 05131!2001 04/3012001 Last Pmt Date Last Pmt amount M$g 22.0922.4 BRADY, RODNEY 74.43 A6.73 27.70 21,1654.1 BRAUNSTEIN, BERNARD & KARL 150.72 118.09 32.63 - - 07/17/2D01 50.00 - none 34,0420b 1 BRENEMAN . J EFFE RY 209.58 957.23 52.35 - - 67/1812001 30.55,, none 2,93Q0,1 BRINEGAR, E.E. 190.73 73.00 37.73 - - 07/09/2001 36.50 -none 2.3702.2 BRINEGAR, KATHLEEN 109.68 73.12 36,56 - - 06/i9/2001 3 6.41 - 21.2564.4 BRINEGAR, KATHLEEN 93.19 47.25 20.07 15.09 17.44 - 50.4226.t BRITT, IOLA 59.24 32.86 26.38 - - 06l14/20D1 26,38,- none 1,0491,1 BROADWAY ESTATES CONDOM 231,66 '197.64 34.D2 - - 02107/2001 22.68 - none 19.4456.1 BROOKS FULLER HOMES 328.26 206.12 39,D2 46.56 36.56 05124!2001 22.05,, none 19.7'[74.1 BRUCE, ROBERT 112.35 72,44 39,91 - - 07/17120D1 26,38,b 51.4000,2 BRUCK, JACK & DAWN T02.45 56.31 46A4 - - O6/14/2D01 43.68- 3.03881 BRUNTON, LESLIE 150,82 78.87 79.95 - - 07/97/2001 46.92 - none 33.1852.1 BUNDY, DOYLE 73,.84 35.32 38.52 - - 07/it/20D1 52.18 - none 19,6498,.5 BURCHFIELD, DARRELL 103.44 75.74 27.70 - - _ 22.9324.1 BURDEN, DAREON 160.26 451.74 28.52 - - 08!0312009 50.00,- none 33.3690.3 BURKE, LYNN & VIRGINIA 59.24 32.86 26.38 - - 06112/2001 26.38 - 19.6510.2 BURKETT, MARK, BRYAN & CAS: 159.25 105.62 53.63 - - 07!24!2007 53.92 - 32.0922.2 BURKHALTER, KURT 981.50 - - 37.Q3 144.47 - 69.D182.4 BURNS, DONALD 156,16 70.73 85.43 - - 06/20/2001 72.28 -none 2.4890.2 BURNS, EMMETT 189.37 132.04 57.33 - - 4711$12001 48,88,, 5.0678,1 BURT, MARK A 455.84 109.34 A6.50 - - 07/1612004 44.00 - none 42.24G0.1 BURTON, JACK 193.93 125.81 68.12 - - 07/9$/20Q1 60.00,, none 34.1518.9 BUSH, CORY 59.24 32.86 26.38 - - 06/19120D1 26.38 - none 58.0570.1 CAGY, WILLIAM 138.52 75,64 60.88 - - 07!9$/2001 57.19,, none 31.3528.2 CALLIVAN, MATTHEW 135. 11 89.86 A5.25 - - 07/09/2001 30,87,, 14,4488,2 CAMPBELL SR, DOUGLAS T 118.24 60.74 36.22 21,88 - 06/01/2001 146.36 - 34.0990,1 CAMPBELL, DOUGLAS 178.,58 129.22 A9,36 - - 07!24!2001 72.31 - Wane 4. 1 140.7 CAMPBELL, MICHAEL 106.80 70.38 36.A2 - - 06!25!2001 36,,42,, none 31.3058.2 CANADA, KIMBERLY 121.58 73.87 g7.71 - - 07117!2001 44-02-, 31.0010-1 CANDACE ADKINS 733.25 60.32 52.93 - - 06108!2001 55.33 - none 21.3279.1 CANDLELIGHT\ COMMUNTITY MI 473.32 283.78 189.54 - - Q811712041 157. 1 A - none 3.0048.3 CARLO, CHRISTA 137.88 110.18 27.70 46,4766,.l CARLS DF BOISE 2&6.16 158,.00 108.78 - 65.0688.1 CARPENTER, GAIL 81.50 42.76 38.74 - - 08119!2001 33.82 - none 5.0640.1 CARTWRIGHT, DOUGLAS 266.11 2'16.91 49.20 - - 06/25/2001 74.07 - none 2.5130.1 CASPERSEN, MAUREEN K 183.46 124.82 58.64 - - 07/18/2001 48.96,, none 32.1274.1 CATHCA . CHARLES 142.56 87.42 55.14 - - 07/1&/2001 40.00 - none 74,2868,11 CAVANAGH, THOMAS M 57.52 28.76 28.76 - - 06!18/2009 28.76 - none 4&.16'!0.1 C8 FINANCIAL DEV. L.L.C. 725.28 538.89 '186.39 - - 08I03/2Q01 320.94 42.2582.1 CHAPMAN, LORRI 151.30 129.16 22.14 - - 07130/2001 51.18 -none 22.0848,1 CHAP MAN , THOMAS 478.25 233.85 147.26 76.76 26.38 06!23!2007 150.00 -none 22.1424,1 CHAV , ROBERTO 233.35 145. 93 88.22 - - 07!02/2007 A7,63 -none 32.1278.1 CHURCH, LARRY 153.61 93,04 60.57 - - 06/20/2001 89.16 -none 31.3492.1 CLARK, DAVID 14316 89.58 53.58 - - 06119!2001 31.44 -none 2,6050ml CLARK, DOUG AND JOYCE 219.88 107.74 47.72 64.42 - 06/01/2001 142.91 -none 22.2254.1 CLOT, BARRY 396.99 332.9Q 64.09 - - 06107!2001 114.59,, none 51.0874.9 COLE, ORVILLE 86.99 50.78 36,26 - - 06!19!2001 50.,00,, none 74,3650,2 COLSON, CHRIS 69.63 32,53 37.10 - - 061261200'[ 51.,00-, 51,4170,2 COLSON, HOWARD 118.28 $5.10 34.18 - - 07/18/2001 34,18,, 21,3299.1 COMMUNITY PROPERTY 734. 14 380.98 257.58 95.58 - 0 1/1 2/20 01 53.48 - none 7,0240.2 CONTE, JR., ROGER & SHARON 104.43 66.75 37.68 - - 07/09!2001 30,30- 21,2928.1 COOPER, CLINTON & CAMILLE 171.15 188.56 32.58 - - 07/97/2001 75.50 - none 19.0520.1 COREY 13ARTON 92.43 63.,67 28,76 - - 07/16/2001 28.76 -none 21.,3094m2 CORPUS, LANCE & LAURI 130.58 85.75 A4.83 - - 06!19/2003 52.76 52.0170.1 CORYELL,. EARL 72.84 24.28 24.28 24.28 05!29/2001 24.28 -none *"" in Msg column indicates no Noticeis to be sent CITY OF MERIDIAN Delinquent Account List,, council Page: 3 ta n da rdPayrn nt �storr�ers Aug 21,2001 01,33pm Current Period'. 08131/2001 Delinquent Minimum of $ 20.,00 compared to Delinquent Balance Balance -------------- lore-D linq 06/3012001 05/31/2001 04/3012001 Last Pmt Last Prat Date Amount Msg 4.174 6.1 *#� COS G ROVE I JEFFREY & AMY 219.12 141.16 77.96 - - 06/19/2001 31.22 - none 16.3608.1 COSTELLA, CARL 83.,46 62.60 20.86 - - 0611212001 6.48- 31,3420,1 COUCH, JULIA 105.87 67,60 38.29 - - 07/98/2001 42.00w none 53.4130.7 COUNTRY GLASS 229.86 130,96 98.90 - - 06119/20D1 108.24 - none 93.3592,7 CRADER, PAMELA 194.70 120,35 74.35 - - 07l18/2001 48.52,, none 42,235$.1 CRANDALL, LARRY 170.22 120.25 49.81 .96 - 07!17!2001 49.$1 - none 21.0064.1 CREEKSIDE DEVELOPMENT 180.84 123.43 57.41 - - 06!26!2001 38,50 - none 22.1044.1 CRIST, SHEILA 247.55 175.60 71.95 - - 06!25!2001 33.82 -none 20.1858.1 CROOKSTON JR., WAYNE G. 153.66 84.19 51.32 18.15 - 05/2412001 100.00 -none 42.4070,1 CROSS, ABBY 84.91 50.16 34.75 - - 07/18/2001 42.45,, none 74.283A.1 CROWLEY, BIALY 148,p4 74.02 74.02 - - 06/08/2D01 117.29 - none 21.9918.1 CULVER, JAMES 107.33 59.98 47.35 - - 07!08/2001 32.59 - none 57.0998.1 CULVER, WALTER 983.D0 43.81 57.02 58.25 323.92 12!26/2006 43.76 - none 4.0686.2 DA ROSA, JULIE 117.30 79.43 37.87 - - 07/1T/200i 37.87 - 2.0080.9 DALICE PLUMBING 14A.20 57.68 26.84 31.30 26.38 04124!2001 26.38 - none 20,1612.1 DALY, RON 157.62 100.57 57.05 - - 06127!2001 28.76 - none 1.391 0.1 DAVC0 SERVICES INC. 392.07 339.67 52.A0 - - 07/2412001 175.58 - none 21.3070.1 PECK, KIMBERLY 798.02 145.37 52.65 - - 07/1812007 50.00 - none 42.04181 PECKER, BRIAN 83.01 g6.59 36.42 - - 07/03/2001 38.88 - Wane 50.1998.2 DEIDLINGER, DEREK & KARI 53.24 32.86 26.38 - - O8/'1312001 26.38- 1,0930.1 DENNEN, JEVON & HEATHER 146.45 119.18 27.27 - - 08/1012001 20.00 - none 52.1083.1 DEPARTMENT OF LABOR 210.7'1 173.34 87.37 - - 08!01/2001 143.85 - none 32.,1098.2 DERRICK, ARTHUR J & LAURA A 126.89 83.29 43.60 - - 06!27/2001 31.30- 46,4724.1 DEVELOPERS DIVERSIFIED 298.33 200.43 33.76 33.76 34.38 - 2.9960.1 DICKSON, DONALD M 162.00 108.,00 54.00 - - 06!19/2001 93.34 - none 22.,0978,1 DILLON, RANDY J. 118.12 78.29 39.83 - - 07109/2001 28.76 - none 33.2628.1 DILULO, THOMAS 79.85 39.15 32.67 .03 - 06118!2001 63.00 - none 50,0204.1 DIPAOLO, JONATHAN 97.,70 57.09 40.6'1 - - 06/20/2001 78.76 - none 74.2912.9 DONALDSON, STEVEN 87.,88 41.,48 46.40 - - 06/1112041 85.42 - none 40,0218,2 DONNELLY, ALAN 105.15 63.87 47.34 - - 07/17/2001 43,80.,. 31,01461 DORR, MARY LOUIS 62.93 35,32 27.,61 - - 0&/1912001 52.76 -none 50,1232,1 DOTY, JOSHUA 93.96 63.75 30.21 - - 07/03/2001 30.,21 -none 51.432p.1 DOUBLE=D SERVICE CENTER 406.98 123,72 283.,26 - - 07/13/2001 85.9 D -none 51.0695.2 DUEROCK, WAITER 463.35 A2.86 26.38 26.38 357.73 0811012001 24.08-, 2.6970.1 DULHANTY, TAMARA 153.78 111.13 42.65 - - 06!22/2009 64.39 - none 69.0382.2 BURETTE, COREY R SHELLEY 58.34 36.&A 27.70 - 2.1170.2 DURHAM, MICHAEL 377.,97 265.51 112,46 - - 07!03/2001 188,02,, 42.2598,2 EASTBURN,GARY 234.,66 109.60 73.60 59.46 - 06!13!2001 49.00 - 20.0432.1 EDENBROOK INC 107,46 73.28 34.18 - - 06!15!2001 34.18- 74.3678.2 EDWARDS, DEARL W 56.74 28.76 27.98 - - 07112!2001 32.00 31.3034.1 EDWARDS, MARILYN 64,.59 33.01 25.58 - - 07109!2001 40.00 - none 74.2368.1 ELDRED, FLOYD 84.88 33.97 44.89 - - U610612001 67.64 - none 31.3062.2 EMERSON, DON 123.41 85.80 37.57 - - 08/06/2001 100,001, 2,1940,1 EPLEY, RITA 87.82 58,91 28.91 - - 07/16/2001 30.00 - Wane 50.1238.1 ERHART, MILT 174.64 130.89 41.84 1.91 - 08110120Q1 50.00,, none 49.'€226.2 ERSTAD, ROGER 1,266.92 790.47 476.A5 - - 06/27/2001 274,11,, 19,6502A FARNWORTH, WARREN 98.74 68.75 29.99 - - 0&121!2001 68.75,, none 1.3660,11 FARRAND, SHELLIE 929.05 67.68 34.99 26.38 - p&/20/20D1 27.61 - none 'E.3670.9 FARRAND,, SHELLIE 929.05 68.99 33.76 26.38 - D8/2D/2001 26.38,, none 34.1806.1 FAULKNER, FREDA 186,.21 117,.87 68.30. - - 06118/2001 41.26 -none 33,3678.1 FAYLOR, MILFORD 2D2.40 46.95 39.24 40,47 75.74 07/14/2009 49.36 -none 69.0596.1 FIELDS, PETE M 454.74 77.37 77.37 - - 07112/2Q09 50,31 -none 74.1056.1 FISHER, BEA J. 64.90 36.22 28.68 - - 07!16/2007 29.00 -none 2.0740.1 FISK, PATRICK 224.90 153.29 71.11 - - 07/18/20GJ 73,.57 -none 5.0800.1 FITZSIMMONS, TOM 187.38 125.33 62,05 0711712001none27 69 i n Msg column In dicatno N o#ire i's to b e sent CITY OF MERIDIAN Delinquent Arcount dist- council Page: 4 standard Payment Customers Aug 21,2001 01:33p Current Period; 08/31/2001 Delinquent Minimum of X0.00 compared to Delinquent Balance Cult No Name Balance Non-,Delinq 06/30/2001 Last Pmt La st Pmt 05131!2001 04/30/2001 Date Amount Msg 1.'E164.3 FLATEN, ROBERT 108.67 85.58 23.09 - - 32.1298.9 FLORENCE, MICHELLE 123.03 7Q.32 52.77 - - 06l26/2007 40.A7 - none 34.0860.9 FLYNN, BENJAMIN J 126.72 99.66 27.06 - - 08114I2009 27.61 - none 48.,2694,1 FOOD SERVICES OF AMERICA 1,396.06 1,176.16 215.92 - - 08/17/2001 1,104.88 - none 34.0652.1 FOSTER, BRADLEY D. 246.82 156.17 90.65 - - 06/18/2001 58.67 - none 34.1288.1 FOURNIER, JAMES 943.72 82.48 61.2A - - 07/13/20Q1 45.25 - none 74.3626.1 FRANCIS JR,, DAVID 58.75 26.76 29.99 - - 07!33!2001 28.76 -none 2.5840.1 FRANK, GARY 122.09 89.27 32.82 - - 08!24/2001 50.00 - Wane 21,0160,2 FRANZEN, JAKE 372.41 164.30 148.11 - - 07!1812001 70.00- 51.,3078,.3 FREEMAN, NICOLE 68.16 38,63 29.53 - - 06119/2001 62.00.., 51 L3226,1 FREITAS, DANIEL 114.46 - - 25.32 89.14 02!15!2001 52.76 - none 50.3754.1 FRENCH, LAWRENCE 135.91 111.58 71.89 12.44 - 06!01!2001 60,00 - none 51.0920.9 FRONTIER TIRE 365.81 197.00 468.81 - - OB/26l2001 153.49 - none 33.4258.1 FROSTROM, STEVE & TERRI 142.17 99.,61 42.56 - - 07/18/2001 100-00 - Wane 22.0342.1 FRY, JOHN & SHERRIE 771.05 115.75 55.30 - - 07116/2001 55.00,, none 4,1454,.1 FUENTES, CHRYSTILE 204.55 138.47 66.08 - - 06/20/2001 90,50,, none 32.1542.1 FUHRMAN, JOSHUA 130.58 82.06 48,52 - - 07l17/2001 80. 9 A - none 32.1608,1 GABALDON, TOBY 136.13 81.&1 56.52 - - 07!18!2001 50.37 - none 50.1198.1 GARDOSKI, WILLIAM 153.,95 '1D1.74 52.21 - - 06108!2007 58.98 - none 21.3D48.2 GARLICK, LEWIS 359.71 227.99 131.72 - - 07117!2007 117.44- 74.3248,1 GARNER, KELLEY 81.73 42,71 39.02 - - 06/14/2001 50.75 - none 46.0188,2 GATES, JOHN 85.63 49,13 36.,50 - - 07/11!2001 38.96 - 19,8008,2 GIBBONS, JOHN 95.62 42.86 26.38 26.,38 - 05/10!2001 26.38- 33.2388,1 GLUCH, SCOTT 69.24 42.86 26.38 - - 06121!2001 52.76 - none 4.296D.2 GLUMM, DENNIS 248.,06 160.89 87.77 - - 07/20/2001 72.93- 32.1528.1 GINS, RICHARD 115,52 - IN - 115.52 01/18/2001 55-26,- none 3.0344,1 GOODNER, TIM AND MARYANN 225.40 149.35 116.05 - - 07/76/2001 50,00 -none 21.2790.1 GORRINGE, BENNY 115.99 70.54 45.45 - - 06!20/2601 98.28 -none 74.2574.2 GOBLIN, CRAIG 184.51 105,54 78.97 - - 07/18/2009 42.00- 32,1610.3 GRANBY, RAMONA 61.70 3A.09 27.61 - - 07!09!2007 27,61.-, 33,0101.1 GRAND AUTO 401.15 278.64 122.51 - - 07/13!2001 199.87,, none 74.3824.2 GRAVES, MARY 95.3Q 5Q.09 45.25 - - 4'i/09/2001 8,93" 74,3954.2 GRAY, DAVID & NATALIE 1'[2.64 53.88 58.78 - - 07/16/2001 15.44-,, 69.0376,1 GRAYSON, GARY 117.96 63,9Q 54.66 - - 07/09/2D47 52.83 - Wane 2.3250.2 GREEN, JAY 184.67 143,78 50.89 - - 07I24/20U1 40.00- 51.0518,3 GREGORY, STEVEN & KEITH CL 213.25 133,25 80.00 - - 06/14/2001 110.21- 50,1486,2 GRIEP, RONALD 23f.51 106.08 125.43 - - 06/13/2001 478.43 - 20.2034.9 GROSSMAN, MICHAEL M. 200,11 132.83 67.28 - - 06/12/2007 76.00,, none 2,4290,11 GROSSO, SHADOW 90.37 63.,99 26.38 - - 07/18/2001 26.38 -none 5D.2298.2 GROVE, CHARICE 75,51 41.61 33,96 - - 07!0312001 32.67 - 69.6206.3 GROVES., CRAIG 95,30 57.,57 37.73 - - 06120/2001 75.Q6 50.23781 GUTHMILLER, BRIAN A 900.55 62.82 37.73 - - 07!18/2001 48.,96 - none 42.2070.3 HADLEY, BRENT 180.78 120.77 60.01 - - 07/09/2U0'! 114,19-,, 32,1360,.1 HAILEY, SEAN 112.59 67.30 28.84 16.45 - 06!19!2009 40.00 - none 13,00202 HALE, DWAINE & LATICIA 163.80 112.48 51.32 - - 06/11912001 50,09 4.1594.1 HALL, BRIAN 20D.71 156.64 44.07 - - 07/17!2001 40.00 -none 34.1820.2 HALL, DUSTIN 118.92 98.10 2D.82 - - 08/13/2001 5D,00 31.0448.3 HALL, JANET 94.63 56.37 37.59 .67 - 06126!2001 32.00,- 22,0924,1 HALL, KEVIN 234.07 747.87 85.04 .96 - 07/17/2001 55.13 - none 33.2338.1 HAMILTON, TRACEY 191,07 70.,88 61.94 58.25 - 0611412001 54.,56 - none 5.D730.1 HAMMETT, GLENN & LORI 226.50 158.38 68.12 - - 0&/1812001 31.22 - none 40.,0234.1 HAMMOND, OONALD 14&20 66.13 42.43 37.64 - 06/05/2004 30.00,, none 2.0484,2 HANSON, KELLY & AISHA 264.90 218.42 46.,48 - - 06/26/2001 3.31- 42.2356,1 HARP, GREGORY .286,13 198.58 87.55 - - 06l13/20D1 88.D9 - none 42.1820.9 HARRINGTON-BLACK, JODY 83.84 52.62 31.22 07!1812001 42.45 - none #14# I , 1 L b t7 �+g VVI k.FI l ln 1e IdicC�5Gti7 7 I4f 5J 4i5.re I's to�i ti7e# 1 f. r F . L ti CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Aug 21,2001 01:33pm Current Perviod-, 08/31/2001 Delinquent Minimums of $ 20.00 compared to Delinquent Balance Balance Non-Definq 06!30/2001 Last Pmt 05/31/2001 04/30/2001 date Lash Prat Amount Msg 34.0834.1 HARRIS, DERREK G 2x9.91 122.42 87,49 - - U6l20/2001 93.80 - none 31.0228.2 HART, MATTHEW 81.94 46.67 35.27 - - 07/09/2Q09 34,04,, 21.,1026,2 HATCH, DAVID 314.13 248.55 65.58 - - 071'[9!2001 65,00-, 20.1488.1 HATCH, ORSON 96.16 68.06 28.08 - - 07/16!2001 40.00,, none 21.1904,11 HATCHER, LAVONNE 88.94 37.84 31,10 - - D7/1312001 35.00 - none 42.1&52.1 HATFIELD, LANCE 240.17 170.68 69.49 - - 07/13/2001 42.,43 - none 33,01'i8.1 HEARTLAND MERIDIAN COMM, 157.96 73.12 84.84 - - 07IO2/2004 69.52 - none 33.2398,2 HEDGES, STEVEN 82,22 46.,81 35.47 - - 06128/2001 35,41,, 34.1542,1 HENRY, BRAD 72.76 40.38 32.38 - - 07!0912001 35.00 -none 2.6830.E HENSEN, JAMES & RENA 292.94 213.,62 78.52 - - 46/14/2001 46.54 -none 32.0520.1 HERREID, DENNIS 126.90 63.Q0 63.90 - - 06!19!240'! 46.6 8 - none 3.0036.2 HESTER, CHRISTINE 166.22 112-87 53.35 - - 07/17/2001 30.00- 3.0094.2 NESTER, CHRISTINE A 181.50 121,82 59.68 - - 07117!2001 57.22,, 32,0566,2 HICKS, BARBRA J 294.11 233.93 6D.18 - - 07/17/2001 50,00- 34,1870,2 HILL, RONIE & CARLA 208.75 'I34.06 14.69 - - 06/14/2001 8419- 5,0722,1 HOLLEY, DAVID 240.,93 154.90 82.,29 3.74 - 07!30!2001 190.04 - none 32.1456.1 HOLLINGSHEAD, BRETT 120.35 70.18 50.17 - - 07116/2001 55.25 - none 22.,2066.1 HOME BUILDERS INC 65,70 32.86 27.61 5.23 - OS/75/2001 19.44 - 51.4250.1 HOME PRO PLUMBING 591.97 14D.10 109.46 342.41 - 04/17/2001 249,,56,, none 32.0530,3 HOOVER, LYND 181,65 160.43 21.22 - - _ 51.,0470.1 NORTON, ROBERT 236.95 177.63 59,35 - - 07118/200'1 60.00,, none 32.,0666.2 HOWELL, CHRIS & APRIL 186.61 161.20 35.41 - - _ 3.03D6.2 HUNTLEY, JASON 125.06 162.25 22.81 - - 08/01/2001 50.00 34,1946.3 HUTCHINSON, DAVE 257.,95 169,28 88.67 - - 07103/2001 67.00- 22.1278.9 HYDE, MATTHEW 175.46 743.48 39.98 - - 07/24/2001 50.90 - none 49.1148.t IDAHO HEATING AND AIR 7,413.07 242.42 183.88 180.17 812.56 12/04/2000 146,49,, 48,28401 IDA-,TRAN 3,709,13 1,520.23 7,061. 10 1,127.80 - 07125/2001 2,410.50 - none 33.2754.1 INGOE, BRADLEY 92.06 52.96 39.10 - - 06/2512001 39.90 - none 52.6700.1 JABIL CIRCUIT 2,942.9'E 1 ,166.83 982,08 - - 08l16/200t 1,160.83- 52.0750.1 JABIL CIRCUIT 1,36 1.91 537.33 747.98 76.$6 - 08l16/20D1 537.33- 2.,5820,1 JACKSON, ROBERT 116.21 91.17 25.04 - - 07!17/2001 30.,00 - none 68,U048.1 JACOBSEN, JASON & LIANNA 60.47 32.A5 28.02 - - 07!16/2001 31.,00 - none 32,1552.1 JAKOMEIT, MICHAEL 80.71 45.44 35.27 - - 07117/2001 34,04 - none 19.1630.2 JENKINS, LEROY 81.60 55.22 26.38 - - 47/05/2003 26.38 - 32.OfitS.2 JOHNSON, CONNIE JO 299.87 168.11 131.76 - - 07117/2001 130,00 - E9.0098.1 JOHNSON, SAMUEL 1$0.04 88.44 51.60 - - 07/18!2001 56.,68 - none 33.3720.1 JOHNSON, TONY 7A.00 46.39 27.,61 - - 06122!2001 27.61 - none 5.0786.1 JONES, CHARLES 218.9G 149.54 68,.62 - - 06112!2001 41.56 - none 50.2354.1 JONES, LARA 153.,26 74.82 53.58 24.86 - 07/1012001 70.00 - none 74.2608.1 JONES, MELANIE 186.56 79.75 706.81 - - 06199!2001 49.00 - none 4L 1138.2 JONES, NATHAN & SARAH 118.69 80.$2 37.87 - - 07/7812001 46,48., 20.1988.9 JONES, SYLVIA 432.06 324.84 107.12 - - 06/26/2001 86.21 - none 35.0473,11 K & L CONSTRUCTION 69.08 42.70 26.38 - - 07/16/2001 30.07 - 3.D110.1 KANE, KRISTOPHER & DARALIE 93.66 57.52 36.34 - - 07!03!2001 33.66 - none 20,1260,2 KAWANO, EDITH 112.14 74.35 37.,79 - - 07/10/20D1 36.56- 21.0028A KEENEY, DOLAN 265.20 159'.01 96.18 - - 06!2112001 1Q4.80 - none 34.3190.1 KELLEY, SCOFF 77,.98 39.,07 38.91 - - 06!12!2001 35.O0 - none 1.0870.1 KELLOGG, J.R. 954.78 104.47 50.37 - - 07!18/2001 55.39 - none 21.2602.2 KEMNI . HEINO 227.2D 147.53 79.63 - - 07!1712001 66.,08- 21,2728.1 KESLING, SCOTT & MONICA 995.89 125.17 70.72 - - 07!13/2001 39,10 - none 74,0106,2 KIEBERT,, JEFFREY 136.01 73.54 62.47 - - 06111/2001 9.92- 42,2530,1 KILER, KELLY & TAMMY 162.63 101.35 61.48 - - 07/17/2001 52.00 - none 4.1614.1 KINCAID, LAURA 401.56 25D.13 151.,43 - - 07!18!2001 120.68 - none 60.D594.1 KINDALL, AARON & MISTIE 109,28 64.03 45.25 - - 07117/2001 40.33.., 9b� 3.,0024,1 KINNEY., KIMIKO 154,77 114.71 40.06 07/16!2001 55.00 - none #.* in Msg column indicates no Noticeis to be sent CITY OF MERIDIAN Delinquent Account List, council Page: 6 Standard Payment customers Aug 21,2001 01.d. 33p Current period: 08/31/2001 Delinquent Minimum of $ 20,,00 compared to Delinquent Balance dust No [dame Balance Non-,Delinq 06/30/2001 05!31/2001 04/30!2007 Last Pmt Date Last Pmt Amount Msg Mvvpjevorro� 50.2116.4 KIRKMAN, T.R. & JAMIE 12.77 42.70 39.07 - - 071p2/2001 28.84 - none 51.Q466.1 KLINE, BEVERLY 102.04 46.55 26.38 26.38 2.73 Q7/18/2001 30,,00 - none 74,3600,1 KOCH, CLINTON 85,76 51.04 34.72 - - p7/12l2001 50.00,, none 69,0498A KOELLING, CRAIG 955.53 83.30 72.23 - - 06/1912001 57.47 - none 21.0466.2 KORBER, GERALD 60.06 34,09 25.97 - - 07/17/2001 30,00,, 21.0462.2 KORBER, GERALD 177.79 8D.44 81.34 16.01 - 08/06/2001 50.00 - 99.8642.1 KRENZ, ROY 109.00 77.64 31.36 - - 07!3012001 33.&2 - none 50.4642.3 KUGEL, LISA 248.01 113.23 67.39 67.39 - 06105/2001 29.62,, 65.3158.2 KULM, JAMES & WENDY 69.99 40,21 28.98 - - 06/21/2001 57.06,, 69.0532.3 LAFEVER FAMILY TRUST 272.,54 176.,86 95.68 - - U7126/2001 53.86,, Wane 50.i7821 LAFEVER, RONALD 198.19 106.64 91.55 - - 06125/2001 91.55 - norie 40.Q410,1 LAKATOS, PATRICIA 83.45 43.12 4U.33 - - 07/10/2001 39.10 - none 35.0'144,3 LAMASTERS, TERRENCE 65.39 37.76 27.61 - - 08118!2007 65,22- 19,0092.1 LAMONT OLIVER & CYNTHIA DEI 927.32 82.01 45.31 - - D7/U912001 41,62 46.051A.1 LANGE, CHARLES 80,83 44.2i 36,56 - - 06/08/2001 83.72 -none 33.2770.1 LANORE, TAMRA 75.23 43.93 31,30 - - 07/70!2001 26.38 -none 4.1776.1 LANSING, BUS 235.14 161.68 73.46 - - 07117/2001 51.48 -none 1,0$9D, 1 LANTZ, STAN 131.24 62.88 32.67 15.69 - 07!05/2001 A0.00 - none 35,0089.2 LAPETINA, ANTONIO 59.24 32.86 26.38 - - 06119/2001 27.61- 213018.1 CARSON, GORDON 97.41 53.02 44.08 .31 - 07l09/2001 45.39 - none 2.4994.9 LAUFENBERG, JIM & TAMMIE 231.80 119.63 60.43 50.59 1.15 x7109/2007 100.00 - none 22.9728.2 LEHMAN, ROBERT 68.13 37.92 30.21 - - 06!26/2007 31.44- 32,11522 LEPER STEVEN & LOREE 7Q.31 39.01 31.30 - - 06/!9!2001 27.61- 50-0516,1 LESTER, CHRISTOPHER 104.75 58.69 46.06 - - 07/0312001 31.30- 31-3382.1 LEVITY, MONTE 127.01 62.44 64.57 - - 07116!2001 35.05 - none 2D,1638.1 LINK, THOMAS 151.08 111.93 39.95 - - 06/21/2001 79.15,, none 72.0292.1 LISTON, KEN 142.72 86.90 55.82 - - 07!09!2061 43.52- none 2.0448.1 LLOYD,BRADLEY 245.84 183.73 62.05 - - 06!13/2001 55.90 - none 13,4D'10.2 LLOYD, CURTIS 174.51 116.34 ' 58.17 - - 07!1812001 58.17- 2w4270,1 LORD, LARRY R. 102,51 74.90 27.61 - - 06/14/2001 52.76 - none 20A132.1 LOVELAND., SHAWNA 287.88 181.92 95.96 - - 07/23/2001 10923- 2290324,2 LOWE, LOWELL 203.57 150,61 52.96 - ` - 08/01/2001 i00.00- 4.1790.2 LUCAS, TY 8 JACQUELINE 185.90 125.45 59.65 - - 06/19/2001 38.,74,- 22,1724A MACHADO, DAVID 59.24 32.86 26.38 - - 06119!2001 26.38 - none 1,3360A MAKOVSKY, GERALD & RUTH 240.82 166.38 46.46 26.38 - 05109!2001 6.48 - none 2.5170.2 MANIER, DAVID & HELEN 126.80 102.80 24.00 Am Elm 74.0366.7 MARIANO, RANDY 157.48 $1.20 76.28 - - 08/1812001 49.22 - Wane 42.2332.1 MARIN, JOSE 156,30 103.61 52.69 - - p6/21l2001 104.15 -none 34.1472.1 MARKHAM, RON 76,58 42.76 33.82 - - 06/20/2001 68,49 -none 2.252D.3 MARTIN, CRAIG 151.90 109.'!1 42.79 - - 07/25!2041 86.'14- 42.1950.1 MA IN, DANIEL K,, 189.74 125.97 64.57 - - 07!93!2001 52.43 -none 50,2776.1 MARTIN, JASON 99.A4 55.42 42.78 1.23 - 07!0512041 44.02 -none 32.0802,1 MATHIEUS, MICHAEL. 930.58 75.91 54.67 - - 07!0312001 26.38 -none 19.1070.1 MAYER CONSTRUCTION 7:3,63 52.76 9.58 - 19.29 69.0992.2 MCBRIDE, WILLIAM 59,41 34.65 28,76 - - 08/07/2001 2$.76- 89.2258.3 MCCANDLESS, DOUG 175.90 106.25 44.75 24.90 - 07/27/20D1 40.Q0 - 42.2D72.1 MCCLINTICK, TODD & LEISA 257.56 150.47 107.09 - - 07l17/2Q01 83.72,, none 42.0440.4 MCCLOUD, RUTH 250.97 125.53 69.85 55.59 - 0811:3/2001 95,18-, 3.0318.2 MCDOUGAL, MIKE 141.55 92.24 49.31 - - 06127/2D0'1 35,00- 50.0400-2 MCFADDEN , CLEORA 98.80 67.30 31.30 - - 06/1112001 55,22- 1-0090.2 MCFADDEN, CLEORA 197.78 82.12 33.68 1.38 - 08/0112001 58.00 - 2.3660.1 MCFADDEN, LEONARD 121.15 64.29 21.84 27.84 1.78 06/22./2001 50.00 -none 68,0098,.l MCGILVERY, BELINDA 159.93 46.56 36.56 39.02 37.79 05/14120D1 32.50 - none 69,0714,1 MCGOURTY, MARY 205. 96 105.05 100.13 - - 07/69!2007 86.76 -none 51.3246.7 MCKAGUE, PAUL W 59.24 32.86.-.. 26.36 0&111!2001 52.76 -none *** 11 in Msg column indicates no Notice ibe sent CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Aug 21, 200'1 01:34pm Current Period: 08131/2001 Delinquent Minimum of $ 20.04 compared to Delinquent Balance 11 F11 Msg ti/VIuF41#1 'jhdicates 14o Noficeis to b4 sent Last Pmt Last Pmt Cust No Name Balance Non-.,DeIi`nq 06130l2001 05/3112001 04/30/2041 Date Amount Msg 21.0062.1 MCKAY, CINDY 177.15 11 7.00 56.04 4.11 - 06118/2001 60.00,, none 42.2252.1 MCKINLEY, BRAD L. 386.03 264.60 921,43 - - 07l18/2001 72.23 - none 21.1198.3 MCKINLEY, JUNE 149.93 120.61 29.32 - 46.0558.2 MCKNIGHT, DANIEL 118.44 82.22 36,22 - - 06/21/2001 74,85- 2.04-421 NICIVIASTERS, LARRY & AMY 205.92 173.36 31.76 - - 07117/2001 5D.00 - none 2.4500,1 MCNETT, DARREN 748.60 104.86 43.74 - - 06/20/2001 74.19 - none 42.1796.1 MCQUILKIN, CURTIS 86.42 48.9'1 37.51 - - 07/0212001 38.74,, none 32.1334.1 MCSTAY,, E.J. 57.24 31.$6 25.38 - - 06/1112001 25.38 - Wane 20.1698.1 MEACHAM, MICHAEL L. 209.8'f 125,61 65.88 98.32 - 07l23/20D1 61 AO - none 50.3728.1 MEATTE, NICKIE 123.48 82.20 41.28 - - 06/1A/2001 66.57 - none 1.2730.1 MELLEN, ANGELA 157.99 126,61 31.38 - - 07!18!2009 30,00 - none 27.1132.1 MELTON, GARY 168.63 81.03 49.95 37.65 - 05!14!2001 310.49 - none 4.1340.2 MEND . BENJAMIN 90.63 64.42 30.21 - - 06!25!2001 30,07,- 33.2538A MENDOZA, GEORGE & ELIZABEI 85.07 53.77 31.30 - - 06/19!2001 33.76,, none 52. 1090.4 MERIDIAN SPEEDWAY A,088.95 1,047A0 1 ,122.30 1,034.89 884.76 08/2012D41 1,047.00-none 52.1100,1 MERIDIAN SPEEDWAY 340,01 187.24 145.11 7.66 - 07/16/2044 1Q5.11 - Wane 50.0554.2 METZGER, MICHELLE 97.65 62,60 35.05 - - 06/20/2001 71,33- 74,3246.1 MEYER, JOHN & LISA 212.99 149.53 103.38 - - 07!17/2001 83.86 - Wane 79.7124.1 MEYERS, TROY & JIMI 143.42 99.11 44.31 - - 06!26!2001 82.00- 33,7616.1 MICHAELSON, BRADLEY 175.59 190,1$ 65,41 - - 07/1812001 35.89 - none 31,3414.1 MILLER, CHARLES & SHELLEY 247.(14 166.12 80.92 - - 07/13/2001 34.18,- none 4.9434.1 MIN, MIN CHUAN & DAY LIH 156.00 109.74 46.26 - - 013/26/2001 38.88 - none 20.'[652.2 MOLEBASH, JOHN & MONICA 222.27 149.82 72.45 - - 07!19!2001 52.77- 4,0538.1 MONSON, THOMAS 87.51 57.52 29.99 - - 06/13/2001 2$.39 - none 42.1990.2 MOORS, LARRY 259.84 154.15 405.69 - - 07/23/2001 63,76- 32,0806.2 MORGAN, CHARLES 209.07 135,53 73.54 - - 071961200'[ 34,18- 2.129d.3 MORGAN, DANIEL 89.90 T8.09 34.18 17.63 - 5U.0746.3 MORRISON, MICHAEL 75.4'1 33.76 41.65 - - 08!21/2001 10,00- 4,1574.2 MULLINS, ROBERT 144.36 96.65 47.71 - - 07!77/2001 49,10- 50-0262A MURRI, SCOTT 101.50 65,14 36.36 - - 06120/2009 74.41 - none 50.03D8,2 MUSSELL, TIM 232.41 152.,46 59.55 - - 07113!2001 50,94,, 50.1328,1 MUSSELL, TIM 751.18 391.79 359.39 - - 07113!2001 324.92 - none 2.686p,1 MYERS, MICHAEL 137.67 86,14 45.53 - - 07117/2001 45.53 - none 42.3088.2 NASH, TIM & JOCELYN 64.16 36,55 27.61 - - 0710912D01 28.84- 5,0816.1 NAVA.13ENNY 193.29 149.76 52.13 - - 06/18/2001 74.74 - none 2.3380.2 NEALE, EDWARD 134.43 120.19 74.24 - - 67/12/2041 65.63- 43.2444.2 NEE, ROBERT & MARGARET 83.17 44.2'1 38.96 - - 061741206E 34,04 - 4.1876.2 NEEDS, KATHY 210.94 142.32 68.62 - - 07/38/2001 46,48,, 68.0086,1 NEITZEL, KENNETH & HEM 86,65 46.40 4D.25 - - 07/17/2001 42.71 -none 20.1744.1 NEMEC, ROBERT 99.81 83.67 36.14 - - 06/18/2001 67.93 -none 19.7344.2 NIELSEN, ROBERT 129.88 91.17 38.79 - - 07126/2001 40.,00,- 2.5740A NIMMO, MONA 159.09 116.72 A2.37 - - 06!26/2001 32,53,- none 21.0498.1 NOLAND, SHAWN 83.84 51.31 32.53 - - 0711T/2D01 27.61 -none 32.1758,1 NORRIS, GLENA 221.60 147,25 74.35 - - 07/O2J2001 50.98 -none 4.1596.1 OGAN, JOHN & DAWN 164.22 124.22 40.00 - - 07!09!2001 47.32,, none 20. 1396.1 OGLESBEE, DAVID & MARITA 180.03 120.02 60,01 - - 07103!2001 40.33 - none 32.4902.1 O'NEILL HOME 74,84 40.66 34.'[8 - - 05/17/2001 6.48 - 32.4900.1 O'NEILL HOMES 74.84 40.66 34.18 - - Q511712001 6.48- 32.4904,1 O'NEILL HOMES 65.72 32.86 28.38 6.48 - 05117!2041 6.48- 32.,4952,1 O'NEILL HOMES 65.72 32.88 28.38 6.,48 - 05/17/201 6,48,, 32,4956A O'NEILL HOMES 70.80 18.04 26.38 26.36 - 05/17/2001 7.80 - 34.2830.1 ORR, JOYCE 194.38 136.32 53.58 4.48 - 06f1912001 24.50,, none 21.1892.9 ORSBORN , JERRY E. 182.64 12D.39 62.25 - - 06/79/2001 38.88 - none 74.3046.1 O'SHEA, SEAN 59.55 29.99 29.56 - - 06!2512001 30,00 - none 13.2094.2 OVERY, ROBBY-- 301.26 65.62 37.73 36.50 161.41 07/78/2009 57,73- 11 F11 Msg ti/VIuF41#1 'jhdicates 14o Noficeis to b4 sent CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Aug 21 .2001 01.1b 34pm Current Period,-, 08/3112001 Delinquent Minimum of § 20.00 compared to Delinquent balance Cult No Name Balance Non,-Definq 0 613 012 0 01 0 5131 120 0 1 Last Pmt 04!30!2001 Date Last Pmt Amount Msg 72.0268.1 *� OWEN, KENNETH 75.23 45.24 29.99 - - 06l20/2001 57.52 - crone 50.3898.1 OWEN, KEVIN 105.06 58.81 48.,25 - - 07l18/2p01 56..00 -none 22.0454.9 P. JANSSON, JANIE 142.29 84.05 58.24 - - 07197l2001 60.00 -none 21.2230.9 PAGE, LINDA 69.90 40.16 29.74 - - 07116!2001 30.Q0 -none 31.328D.1 PALMER, PAT 245.30 101.52 83.87 59.'81 - 07!17/2001 100.00 - Wane 42.2376.1 PALMER, ROBERT 199.07 125.,53 73.54 - - 07/17/2001 88.86 -none 34.1230.1 PARENT, BEAU 77.p2 g0.52 36.50 - - 06!26!2061 36.5D - none 2.1630.1 PARKER,EVERETT 86,14 60.76 25.38 - - 06!22/2001 50,76 - none 2.2430.2 PATTERSON, DEENA L 36.38 - - - 36,38 05117/2001 52,76,-. 69.0214.1 PERRY, DAN & LORI 130.,86 69.20 61.66 - - 07!16!2009 51.,82 -none 21,3160,1 PETERSEN, DOUGLAS &JENNIF 199.86 130.23 69.63 - - 07117/2001 38.88- Wane 22.1825.1 PETERSON, ERIC 79.38 38.93 32.45 - - 06127!2001 32.45 - 55.1500.1 PETRA INC 409.Q9 70.52 55.75 55.78 219.45 - 15.0024.2 PE IER, SEAN 214.,41 88.32 39.,16 44.Q8 A2.85 0510112001 40,25- 42,3006.1 PHILLIPS, DANA 77.36 50.00 27.38 - - 07112/2001 30.00,, none 32.,1636,1 PHILLIPS. ERNEST 77.02 41.75 35.27 - - 06!14/2001 71,77,- none 42.1842.1 PHILLIPS, JAMES 102.29 58.89 43.60 - - 07116/2001 36.22 - none 74,3000.1 PHILLIPS, RICHARD 90.22 51.34 38.$8 - - 07!1812009 37.65,, none 22.9528.1 PIERCE, TANYA 129.19 78.29 50.90 - - 07109!2001 28.76,, none 4.1846.1 PEKE, BRETT & ANGIE 186,73 137.92 54.81 - - 07/18!2001 32,67 - Wane 52.1072,7 PIONEER BUSINESS CENTER 535.6Q 337.64 197.96 - - 07/2412001 139.68,, none 1,0316.1 PIPCO LLC 313.2D '!25.54 53.Q2 53.02 $1.62 08/61/2001 106.04,, 19,6644.1 PLACE, WILLIAM 115.04 57.52 28.76 28.76 - 06/i412001 28.76,, none 22.1344.1 PLOTT, JOHN 141,90 121.80 20,00 - - 08!0912001 55.0 6 -none 21.1932.1 POINDEXTER, RICHARD ! 9A0.15 78.85 G0,07 1.23 - 06108/2001 86.93,, none 33.3754.1 POMERLEAU, KATRINA 67.69 36.41 31.22 - - 06!15/2001 31.22 -none 69,0522.1 PORTER, DOUGLAS 171.40 100.46 70.94 - - 06119!2007 96.28 -none 69.1282.1 PORTER, JOHN 195.46 155.95 39.51 - - 07/17!2001 95.53,, none 50.2402.1 POWELL, RANDY 122.42 79,83 50.59 - - 07/27!2007 50.43 - Wane 39.1266,1 PREISLER, SAMUEL 125.x0 78.29 A7.11 - - 07/69/2001 30.00 -none 31.0060.2 PRINCE, JACOB 239,22 152.84 78.38 - - 07/2G/2001 20.00- 74.3418.2 PRINDLE, SHELLY 96.24 5A.75 41.49 - - 07!9812061 33.00- 21 . 1828,2 PRINTZ, DENIA 105.82 64.76 41.06 - - 07!2312001 37.85 - 21.2068.t PUGMIRE, JEFFRY & PAMELA 108,61 61.85 46.76 - - 07!1712001 56,76,, none 74,3066,.l PUGSLEY, TAMARA 909.63 59.12 50,51 - - 07!1712001 56.66 -none 34.1172.1 QUARNBERG, CARS & DOROTH) 206.06 122.26 83.80 - - 07!03/2001 67.97 -none 52.0378.1 R T NAHAS CO 915.Q8 81.,28 33.80 - - U7124/2Q0'1 50.64 -none 1.3859.9 R., H VALLA 103.,68 77.76 8.,10 17.82 - 01!18!2001 6,48- 52.1006.1 RAFANELLI & NAHAS 168,17 88.73 81.,44 - - 08/09/2001 84.27 - none 52.10D2.1 RAFANELLI & NAHAS 1 ,1 55.00 b45.99 549.82 59.19 - 08/09/2001 549,82w Wane 2.5670.1 RANSOM, JAMES R. 145.95 99.67 46.28 - - 07/1312001 50.00 -none 68,0236.1 RAWLINSON, DAVID 60.43 29,99 3Q.44 - - 07/0212001 32.00 -none 42.9884.2 RECORD, CLAYTON & SUSAN 769.53 1A2.47 27.06 - - 06/26/2001 69.03- 50-2390,2 REED,,LORETTA 250.39 168.A9 81.90 - - 0711612001 86,82- 4.2320A RICHARDSON, ROD 266.31 184.10 82.21 - - 07/03/2001 x}2.85 - none 34.'[694.2 RIDGEWAY, STEPHAN 193.25 191.84 61.,41 - - 07/98/2004 50.00 - 42.1844.9 RIVERA., REGENA 126.,53 84.88 41.65 - - 07!7812001 40.00 - none 51.3300.1 ROBERTS, DAVI D 135.66 89,60 46,06 - - 06/2012001 55.,22,, none 34.1982.1 RODRIGUEZ, RODGER 170.61 138.13 32.A8 - - 07l17/2001 80,00,, none 46.5020.1 ROSS PRESS FOR LESS 3,416.64 3,288.32 72.64 55.68 - 07/17/2D0'1 72.64,- 4.1844,3 ROSS!, PIETRO 231.45 157.99 73.46 - - 07117!2001 34.21 - 1.2130.1 ROYAL FO RK RESTAURANT 148.08 114.04 34.04 - - 06/19/2001 26.38 - none 47,0060.2 RUBOSKY, ROSANN 61,24 34,86 26.38 - - 06!01!2007 52.76 - 22.2146.2 RLIEPPEL, RONALD 101.74 57.80 43.34 - - 0$11812001 42.74 - F=Mw 4.2 110.2 RUSSELL, ROGER . .. ...71.99 49.75 22.24 08/07/2001 45.15 11sn Msg column '1'ndicates no Noficei's to be sent CITY OF MERIDIAN Delinquent count List,- council page: 9 standard Payment ustamers Aug 21 .2001 01'.34pm Current Period: 08/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Cust No Name A. i Balance NonmDefinq 06130!2001 05131!2001 East Pmt 04/30/2001 Date Last Pmt Amount MS9 2.31 80.1 RYAN, WALTER 290,29 773.46 316.83 - - 07/20/2001 50.00 - none 50.0090.9 SABA, VIRGINA 163.12 110.63 52.49 - - 06127/20p9 34.23,, none 74.3432.2 SAGER, LEE & NADEAN 125.39 43.74 81.65 - - 07/05/2001 35,131, 34.0874.1 SAHNI, RAJEEV 146.57 89,44 57.13 - - 06/19/2001 41,14,, none 18.7156.1 $ALAZAR, DAN I EL 704,74 73.16 39.58 - - 07/T8/2001 31.,58 34.1756.1 SANDBURG, TONY 153.00 89.58 63.42 - - 0&12612001 37.59 - none 51.1129.1 SANTEE CONSTRUCTION 396,64 233.28 72.90 53.46 37.00 04/20/2001 364,88- 4,0548,2 SAUER, DAVID 92.43 62.44 29,99 - - 07!03/2001 28,76., 34.,1078,2 SAVELBERG, DOYLE 115.87 63.10 52.77 - - 07l18/20D1 182.,51., 2m2270.,4 SCHIMPF, FRED 127.14 92.96 34.t$ -bm _ 92.3050,1 SCHOLZ, LESLIE 131.39 79.84 51.59 - - 07118/2001 62.00 -none 3.0042.1 SCHWEND, LUVMINDA 121.32 72.05 A9.27 - - 07/06/2001 40.00 -none 65.3108.1 SCOTT, DANNY 95.26 52.63 k2.63 - - 07/16/2001 42_&3 -Wane 69,2262A SEDILLO, JOE 346,51 203.39 143.12 - - 07/77/2001 178.90,- none 42.2b26.1 SHELTROWN, ROGER 192.92 148.39 84.53 - - 06!2412001 84.9 9 -none 2.2180.1 SHEPARD, DUWAIN 161.37 170.86 50.57 - - 07/1712001 56.66 -none 74.3960.1 SHERARD, BILL 132.74 74.83 57.91 - - 07117/2001 60.,00 -none 74.2758.1 SHIELDS, JOHNNY 77.2D 48.44 28.76 - - 06/14/2001 3,91 -none 21.,0208,1 SILSBY, TERRY 157.,23 98.,67 58,56 - - 07!17!2001 37,65 -none 2.2500,1 SILVA, JOSEPH 273.74 183.,09 90,B5 - - 07112!2001 80,,00,, none 69.1292,3 SIMMONS, BRETT 256.,94 144.46 'E1 2.48 - - 06/27/2001 58.36- 34.0826,3 SITZLER, RON 756.58 121.56 35.02 - - 07/'1712004 50,00,, 34.0436,2 SKELTON, RANDY 775.84 307.48 34,78 34.18 ba qq 3.,0038,1 SKOGERSON, THOMAS 146.,87 122.04 24.83 - - 07!1612001 50.00 -none 31.0134.1 SMITH, BRADLEY 112.,13 69.39 42.74 - - 07!18/2001 5 0.D0 -none Q6.0520.1 SMITH, KEVIN & KRYSTAL 90.86 58.Q8 32.78 - - 07!24!2009 17.59,, none 14.3176.2 SMITH, LANCE & TAMARA 2D1.09 152.09 g9.00 - - 07/1812001 66,94., 69.,0180,1 SNIDER, JERRY 111,09 61.96 49.93 - - 46/2012001 94.94,, none 2.4430.1 SNIDER, PETER F. 129.37 96.89 38.48 - - 06126!2001 .20,, none 59.3090.3 SOLTAU, CYRIL 53.00 29.74 23.26 - - 06/19120Q1 24.49 - 32,1576.4 SON, SHELLIE 6B.,62 37.78 28.84 - - 08/'!312001 28.38 - none 2,0100.1 SOVIE, KENNETH 959,93 103.75 56.,18 - - 06!26/2001 38.96 - none 21.3184.1 SOWER, MICHAEL 998,35 141.16 58.,19 - - 07/17/2001 50.00 - none 20.2999.1 SPRINKLER -BRENDA ESTATES '[43.12 40.78 30,78 3.24 68.32 -w 56.0004,11 ST. LUKES REGIONAL MEDICAL 7,09 7.31 1,504.51 5,512,80 - - 07/27/2001 11736.,20 - none 2.452D,2 STEBBINS, JODIE 169.x€5 1'18.12 51.33 - - 07117/2001 43.00,, 79.0274.2 STEINER, LOUIS 234.49 165.81 68.68 - - 06122!2001 71 A.79- 74.2844.1 STEWART, DANIEL 124,95 65.55 59.40 - - 06/14/2001 196.30. - none 21.0152.2 STODDARD, NORMAN 234,10 158.53 77.57 - - 07118/2001 56.66 - 50.4482.2 STONE, HAROLD 209.14 57.20 134.02 9.92 - - 50.0084.7 STONE, KEITH R 77.69 k8.85 28.84 - - 08/26/2001 28.84 -none 46.0356.9 STOUT, JOANNE 82.77 53.93 28.84 - 07/97/2001 31.30 -none 15.0130.2 STRONG, DOUG & CAROL 115.,02 73.72 34.98 7.72 3.2910.2 SUNBRIDGE 7,834.78 5,963.18 1,871.60 - - 08/01/2001 2,828.39 - 31.3468.2 SUTTON Ill, DONALD X07.82 62.15 45.67 - - 06!2012001 90,11- 46,0628,1 SWARTZ, GUY 62.61 53.85 28.76 - - 06!21/2001 57.52 - none 74.3676.2 SWEARINGEN, DAVID R TAMMY 51.65 30.27 31.44 - - 07/16/2001 31.44 69,0484,4 TADEVIC, TOM 'E44.62 83,38 61.24 - - _ 20.1964.1 TECOINVESTMENTS 164.24 91.,96 43.52 28.76 - 05!15!2001 86.28 -none 2.0766.1 TEIXEIRA, WALTER 1&4.95 121.25 83.70 - - 0711712001 45.25 -none 33.0056.1 TEL, -CAR INC. 32$.23 191,45 134.78 - - 07/25!2001 124.00 -none 2.1190.1 TERRELL, A 212.59 759.82 52.77 - - 06/2112001 111.69 -none 74. 1114.1 THATCHER, TIMOTHY 128. 14 49.38 39.38 38.38 - 02/23/2001 221.,52 -none 9.1950,1 THORNE, TORY .356,87 253.18 113,68 - - 07/97!2007 117.83,, none 1.9940.1 THORNE, TORY L 243.78 168.26 75.52 07/1712001 63.22 - none *** in Ms column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account Listm council Page: 10 Standard # Customers Aug 21,2001 0 1:35prn Current Plerbd: 08/31/2001 Deflinquent Minimum of 0.00 compared to Delinquent Balance dust No Balance Non-Definq os/sor2oo1 05/31/2001 04/3012001 last Pmt Last Pmt Date Amount Msg 21.276$.2 THURBER, RICHARD 774.31 109.46 64.85 - - 08/18/2041 89.67- 50,1331,1 TIM MUSSELL 259.20 166.86 92.34 - - 12/04/2000 6,48,, 4,0936.1 TIMM, SEAN 102.69 67.6A 35.05 - - 0710912001 32.59,, none 74.0804.1 TJR2 495.13 1D4.48 90.65 - - 07!2512001 94.4 8 - none 46.0210.1 TODD, JEFF 111.58 57.,80 53.78 - - 07l17/20D1 42.19,, none 2.2200.3 TODD, RICK 91.60 65.22 26.38 - - 07!1912001 26.,38- 42.1216.1 TOROK, ZSOLT 64.00 35.24 28.76 - - 06/18/200 57.52 - none 74.2620.1 TORRES, PABLO 186.60 136.3b 50.25 - - 07/20/2001 100.00 -none 57.3214.1 TORRES, THOMAS 192.13 72.22 39.91 - - 06/14/2001 27.61 -none 14,5006.2 TURNER, DAVE 89.59 68.36 21.23 - - E* 2t.t174,1 TWADDLE, DAVID 129.94 79.94 50.00 - - 07/17!2001 50.18 - none 34.2104.7 TYLER, HEIDI 99.89 77.58 22.31 - - 47/1912001 50.00 - Wane 50.4522.7 UGARRIZA, SHELBY 140.34 93.05 47.29 - - 06111!2001 26.38 - none 52.0263.9 UNDER THS ONION 447.12 270.5k 176.58 - - 06/27/2001 89.1D - none 52.Q376.9 UNITED HERITAGE INSURANCE 1,D50.24 256.72 246.72 24 6.7 2 300.08 12!7 9!2000 199.,92--, 74,2876.1 USSERY, TRACY 141.72 73.09 60.,63 8.00 - 07/25/261 66.,32,, none 51.2996.9 VALLA, CAROLYN 394.06 - - - 384.U6 07/1112000 24.08w none 22.1062.1 VANHORN, KEVIN & SANDRA 115.04 - - - 195.Q4 01/24/20D1 44.08 -none 13.0t20.2 VANLEUVEN,MATTHEW '!06.38 71.33 35.05 - - 06!27/2001 39.9T- 21.1032.1 VELADA, FEDERICO 715.87 72.14 43.52 .21 - 07!02!2001 30.00 - none 33.257$,1 VE R KUYL EN o AD 81.54 52.70 28,84 - - 06!21/2001 55.22 -none 2.14$Q.1 VIEWPOINT SERVICES INC 638.89 341.85 774.00 122.96 - 08!17!2001 177.69 -none 5.g696.1 VIGIL, THOMAS 46&28 - - - G6328 11!03!2000 88.34,, none 21.,0080,1 VINCENT, ALISA 215.43 173.14 42.29 - - 07/0512001 31.22,, none 50,3742.2 VNUK, JOHN 533.,45 201.71 146.03 115.28 70.43 07/23/2001 900.D0 46.0262.1 VNUK, JOHN J 113.65 60.14 53.50 Al - 07/18!2009 47.50,, none 1.2390.2 WALKER, BETTE 202.96 139.43 63.52 - - 97113!2401 60,00,- 34,1948.1 WALKER, ROSIN 235.49 120.75 114.74 - - 04/2012001 1G5,00 - none 33.3682.1 WALLACE, CRYSTAL 74.00 43.,93 3D.07 - - 66/1312001 71.79w none 32.1306.2 WALSH, DAVID & CARA 74.12 A0.30 33.82 - - 07/1712007 32.59- 1 .3340.1 WALSH, RON 165.69 - - - 165.65 1U/1511999 191.33 - """none 50.3856.1 WARD, THOMAS 90,83 50.50 40.33 - - 06/1912007 40.33 - none 33.3648.2 WARDLE, JOHN 78,13 46.69 31.44 - - 07/1812001 52.51- 1,0460.3 WARDLE, JOHN & CHERYL 115.78 75.39 32.Q8 8.31 - 06/2112D01 EiZ,74,, 34.0298.1 WARDLE, JOHN AND CHERYL 193.38 102,39 9Q.99 - - 06/19/2001 82,98 22.7594.1 WASDEN, NICHOLAS 169.67 175,75 53.92 - - 06/2612001 none 21,0482.1 WATARI, BRYAN 92.57 59.98 32.59 - - 07/1212001 36.28 - none 22.7572.1 WATARI, BRYAN C. 219,04 128.75 90.29 - - 07112!2001 65.69 - none 39.3388.1 WATSON, COREY S 185.26 10D.79 84.47 - - 06113/2001 69.31 - none 74.3642.1 WATSON, MICHAEL 110.31 29.42 G5.98 34.91 - 08/18/2041 28.76,, none 19.0224.3 WAYNE SWANSON HOMES 116,39 79.03 36.36 - - 07/26/2041 42,67,, 2.6080,1 WEBB, GERALD 222.97 170.84 52.13 - - OS/2012001 58.75 - none 33.0328.2 WEBB, VIOLA 74.84 40.66 34.18 - - D6/'11l2041 34.18- 33.4266.1 WEEK, NORMAN 122.7U 65.82 56.88 - - 0&12712001 51.96 - none 22.1238.1 WEISS, DAVID M. 171.37 104.82 66.55 - - 0710912001 45.00 - none 2,3150,3 WELKER, ROGER 337.21 236.75 100.46 - - 07/'1812001 51,42- 51,3098,3 WERRY, GREYSON 62.84 39.74 23.9U - - 07/'10!2001 120,00- 51,1134.1 WES WORCESTER 138.84 23.36 16.88 16.,88 81.72 12/04/2000 12.96- 53,0502A WESCO 289.04 196. 77 92.87 - - 08/07/2001 7A.52 - crone 75.0502.1 WESTERN ELECTRONICS 340.89 198.36 22.A7 2Q,01 100.05 qw 50.0194.1 WHITNEY, CLAYNE 64.72 36.69 28.03 - - 06!01/2001 52.65 - none 52.0262.1 WILD SHAMROCK LLP 982.50 312.18 312.98 358.14 - 06/27/2001 624.36 - none 13.2032.2 WILLIAM TYDINGS 118.69 80.82 37.87 - - 0712512001 106,57,, 2,2040,1 WILLIAMS, FRED 119.12 89.98 41.14 - - 06!0712001 38.70 -none 22.9354,1 WILLIAMS, TERRI 268.01 177.'[5 96.86 06!20/2001 160.51 - none *** i n M cofun 'I'ndicae s no N to be sent CITY OF MERIDIAN Delinquent Account List- counci] Wage: 11 Standard Payment Customers Aug 21,2001 01:35pm Current Ped'od", 08/31/2001 Delinquent Minimum of $ 20,00 compared to Delinquent Balance Cush No Name Balance Non-Delinq 06/3012001 Last Pmt 05131/2001 04/30!2001 Date Last Pmt Amount Msg 3.0316.2 WILSON, RUSSELL 350,27 228.77 12'[.50 - - X6/25/2001 47.00- 19.01681 WINSTON, KEVIN 80.33 52.76 27.57 - - 0710912001 28.00 - none 50.4490.3 WINTERS, BRIAN 104.46 25.32 28.38 26.38 26.38 04/12/2001 54.35- 32.135D,2 WOODHOUSE, KELLY 114.76 64.37 5Q.45 - - 07103!2001 47,99,, 13,2072,1 WOODHOUSE, PATER 122.79 84.07 38.72 - - 06/20/2001 83.p0 -Wane 31.3344.1 WOODRUFF, NOEL R 171.,88 740.83 70.92 .03 - 07125/2001 147.50 -none 22.1518.1 WOOSLEY, JAMES 194.27 119.44 74.83 - - 08!0112001 51.16 - none 1.1000.2 WRIGHT, BRANDON 98.82 69.98 28.84 - - 0612012001 52.78- 32.1632.1 WRIGHT, MICHAEL & SUSAN 88.69 5D.36 37.73 - - 07/11/2001 44.04,, none 4.1254.2 WURT, TIM & JENNIFER 934.28 86.65 47.63 - - 06119/20D1 81.73 22,0814.1 YELVERTON, MARC 191.41 724.6A 64.04 2.73 - 06/14/2001 1Q0.00 - none 50.3740.1 YOUNG, DARON 99.83 62.38 37.45 - - 08!13/2001 37.45 - none 42,2742.1 YOUNG, THOMAS 166.54 103.73 62.81 - - 06/14!2009 118.40 - none 50,4008,1 YOUNGBLOOD, JON 348,50 209.37 138.93 - - 06/25!2001 109.57,, none 34.08D0.1 ZEAR, KENNETH 350,84 215.46 735.18 - - 06/2612001 71.22,, none 31.22D0.1 ZELLER, STEVEN 147,41 92.32 55.09 - - 06/13!2007 83.12,, none 2.0350.1 ZIEGLER, WILLIAM 147.02 97.43 49.59 - - 06/21/2001 31.81 - none Grand Totals: 126,87'1.20 73,477.00 44,p70.66 5,970.66 5p352.,88 deport Criteria: Terminated customers not included Customer.Cust No 9900000 ***'in Msg column indicates no Nofice is to be sent V, � r .r •. f S k • ** TX CONF I RMAT lbii R AS OF AUG 23 '01"'j,8:08 CITY OF MERIDIAN PAGE d' 0 1 DATE TIME TO/FROM MADE M I N/SEC FGS CMD# STATUS 24 08/23 18=07 3810160 EC --S 01'03 " X02 0713 OK or Ct ae;�v/.f HUB OFTREASURE VA EY MAYOR Robert D. Come A Good Placa to Live CITY COUNCIL MEMBERS CITY OF- NMItIDIAN Ron Anderson 33 EAST IDAHO Km"th BI'prd MERIAIAN, IDAHO 83542 Tammy deWeerd (208) 888.4133 o Fax (206) 887-4813 Chcn'r McCandless City Clerk Office Fax (2.08) 688-4278 NOTICE OF SPECIAL JOINT WORKSHOP I MEETING MERIDIAN CITY COUNCIL 8 ADA COUNTY COMMISSIONER*S 8 ADA COUNTY HIGHWAY DISTRICT COMMISSIONEi;tS LEGAL DEPARTMENT (268) 289.2a99 •Fax 2$8-1501 PUBLIC WORKS BUILDING DEPARTMENT (208) R 87-22 1 1 • Fax 887,1 ?97 PLANN ING AND ZONING DEPARTMENT (2p8) 86.5533 •Fax 88$-6854 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian, the Ada County Comm*iss"ioners and the Ada County Highway District Commissioners will hold a Special Joint Works hop/M eeting at the COMPASS (Community Panning Association of Southwest Idaho) Conference Room, 80U S. - I n d ustry Way, Suite 100, Meridian, Id aho on Monday, August 27th, 2001 at 8: 30 A.M. the Meridian City Council, Ada County Commiss1h ioners and Ada County Highway District Commissioners along with representatives from Naito Transportation Department, Joint school District #2, panning agencies and developers will be discussing transportation planning issues regarding the growth i n the Area of Meridian City impact. The public is welcome to attend. DATED this 23rd day of August, 2Q01. WILLIAM G. BERG, .)R. - C]'T CLERK ** TX COMFIk, ON REPORT �x* DATE T 1 ME TO/FROM 10 08/23 1?: 23 PUBLIC WORKS 11 08/ 23 1 7:24 2682882591 12 08123 17:25 8841159 13 08123 1?*27 208$846744 14 08/23 17 27 2688845077 15 08/23 1?*29 208 898 5581 16 08/23 17:30 LIBRARY 17 e9/23 17:31 92083775449 18 98123 1?: 32 8886854 19 68/23 1?:33 2683757154 20 98123 1.7:34 8950390 22 88123 17 36 CHERRY LRN E 22 88123 17=48 CHAMBER—COMMERCE 23 88123 17:49 CHERIE MCCANDLES THIS DOCUMENT MAYOR Robot D. Corrie CITY COUNCIL MEMBERS Ron Andermn Kcith Bird Tammy deWeerd Chcn'c McCandless i' AS OF RUG 23 '01 17: CITY OF MERIDIAN PRGE*01 MODE M I N/SEC PGS CMDU STATUS UF --S 08'27" 6m2 077 OK E=--5 m0'37" 602 077 OK EC" -&"--S 00'38" 002 0?7 OK EC --S 90'36" H82 H77 OK EC ---S 00'36" 802 H77 OK EC --S 00'37" 092 077 OK EC --S 00'44" 092 877 OK EC --S 00`37" 092 077 OK EC --S 00'3?" 002 07? OK EC --S 00'3?" 002 077 OK EC --S 00,36", 002 077 DK EC --S 0p'44" 002 077 DK ----5 60'm6" 008 077 BUSY ---W�S E8'00" 000 077 BUSY IS STILL IN MEMORY /FM a,..a 14 , & // cL /V 6) 14e HUB OF TREASURE VALLEY GDOd NaCe is Live LIWAL DEPARiW ENT CITY OF MERIDIAN (208) 288w2499 * Pax 2884301 PUBLICWORKS 33 ]EAST IDA110 BUILDING bEPARTMMqT MER1 DIA N, IDA HO 83 4 (208) 887.22 11 h Fax 991,p IF., 91 (208) 388,44,13 •Asx (20$) X874 13 PLANNING AND ZONING City Clerk Office Fax (208) 88-4218� ]DEPARTMENT NOTICE OF SPECIAL JOINT WORKSHOP I MEETING MERIDIAN CITY COUNCIL AOA COUNTY COMMISSIONERS ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian, the Ada County Commissioners and the Ada County Highway District IP Comm issioners Vill hold a Special Joint Workshop ! Meeting at the COMPASS (Community Planning Association of Southwest Idaho) Conference Room, 800 Sr Industry Way, Suite 1b0, Meridian, Ida ho on Monday, August 27th, 2D09 at 8:30 A.M. The Meridian City Council, Ada County Commissioners and Ada County Highway District Commissioners along with representatives from Idaho Transportation Department, Joint School District #2, planning agencies and developers will be discussing transportation planning issues regarding the growth �n the Area of Ceridian pity Impact. The publicis welcome to attend.. DATED this 23rd day of August, 2001. of 'i �f t z�r � f f f4P;e fd0 %� it n 0* �q �* F 4d ins M* : ir AME R f m Cir � �r E i f iti NEd F s P, mi'+ 9dL # t t OF F " 41ML A;ri 1P a _ � t i+ �� i i +` 1 91r 1 i ' 4 . ' rt+a * �f } IL + �lliiiillllllllllllllllillillillillillillilliiiiiiiiiiiiijlllllllll11111111111IlI 1111,1111111 Ile 19 WILLIAM G . BERG , J R.`CIT'Y CLERK ** TX CONFIRMATI U,q REPORT AS OF AUG 24 '01 ud:02 CITY OF MERIDIAN PAGE. 01 DATE TIME TO/FROM MODE M I N/SEC PGS CMD# STATUS ei 08/24 08:00 Laurel EC --S 80' 37" 082 677 OK 02 08x24 08:01 CHERIE MCCANDLES EC --S 00'49" @02 077 CK MAYOR Robert D. Corrie CITY COUNCIL MEMBERS ion Anderson KC14th Bird Tammy deWeerd Chcn'c McCandless �r�f�� l�loT�t:2 -� /��.�-fps true OFTREASURE VALLEY A Good Place to Live CITY 4k' MERIDIAN 33 EAST 1DA190 MERIDIAN, IDAHO 83642 (208) 388-A433 • Fax (206) 887-4513 Ci ty Clerk Office Fax (208) 8 8 $•4218 NOTICE OF SPECIAL JOINT WORKSHOP 1 MEETING MERIDIAN CITY COUNCIL 8 ADA COUNTY COMMISSIONERS 8 ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS l$GAL DEPARTMENT (208) 289-2499 -Fez 2498-2501 PUBLIC WORKS T31JILDING 0EPARTMENT (208) 8 87 -2 211 9 F 897-1397 F'l.AVNING AND ZON I N G DEPARTMENT (20&) 834-5533 • Fax 886.6854 NOTiCE IS HEREBY GIVEN that the City Council of the City of Meridian, the Ada County Commiss41 ioners and the Ada County Highway District Commissioners will hold a Special Joint Workshop 1 Meeting at the COMPASS (Community Planning Associafion of Southwest Idaho) Conference Room, 80{? S. Industry Way, Suite 10€x, Meridian, Idaho on Monday, August 27th, 2001 at 8:30 A.M. The Meridian City Council, Ada County Commissioners and Ada County so -lighway District Commissioners along with representatives from Idaho Transportation Department Joint School t7istrict #2, planning agencies and developers will be discussing transportation planningissues regarding the growth in the Area of Meridian City Impact. The publjr ic is welcome to attend. DATED this 23rd day of Aug , 2001. of -0,01m t' -r �� Me 04 'd i h own MOP MOO #. k &- •ft } + FW am M OF WOM 90i 00 t r%. , 6■ i } f F t Pr - i 6 WILLIAM G. BERG, JR. 4L'17CIT CLERK t r f� •' Y ;W1 1 4 A. e 'r h 1: �, f . �f ti r�+y,�F� . '{ f .• {; .r of ..ti 1 •• f ti{ • . r r {+ r' ti '�`.' • f rti • , f . f .{ • , `F} h�x � •� Yr • % .r. {� r ,} r f.,{' r r • • f. r • • r, f • . �. } Y r' ' k � •f.•:. ..r� r r -r •% •fes 1 r ..r ,{ % �'; r 'Y r • r • r • {r•}'• rte• % . . 1 ,{� {{' f.frti: r'r{{ r {}� .1 • r• {'{1 t . •� s¢ {{?' r r ti• } 1 , 1r • 11 e •-fir • f ' Y { 1, {•}�% r • •i' . r ? - r '{'• fry }r • .. • ¢ • h }{}y.•� r{ . . • �{ . r "},•��, � 1.Y ,. Lex r ' � • S • r • {"x}T r •• r }'{',r {.r ,r }r r ?•• 1• }'l � ,1 f {{ : • F r ,{:: • f • r r r r • .{ •X :. •r iiifff . r L- � .L f f• f Y ti {}•,�,• rf f•'yr �.{.}" 1 rL .r fr f r . tis � •ti 1•f ••y' Y :{ 1 'ti y �1 f � YY..'� }• S. r , •?' r Y 1Y'' ,•f L,•,� tir..• ${ray �'_k'ti }f 1 hf r •r', fYf�{ f. f }.,' �. �� •' ,,�'..••' � �.' r•• •f 1•L.44 �� , r 9L CITY OF MERJDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 21, 2001, at 616P30 P.M. City Council Chambers i. Rolimcall Attendance: Tammy de Weerd 0 Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda..9 Ron Anderson Ke ith Bird A. Approve minutes of July 1 0, 2001 City Co u n c'1'1 Workshop: B -a Approve minutes of July '17, 240' City Council Regular Meeting: C. Approve minutes of July 24,, 2x01 City Council Regular Meeting: D. Approve minutes of August 6, 2001 City Council Special Mee��g: E. Approve minutes of August S, 2001 City Council Special Meeting: F. Tabled from August 8, 20Q1: Findings of Facts and Conclusions of Law for Ap p rova 1,P CUP 0 7-0 18 Request for t h e continuation of a three-aloyear CUP granted in January 1997 for modular buildings in an L.-0the zone Meridian Assembly of God by Meridian Assembly of God — 1830 North Linder Road,, G. Tabled from August 8, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 37'x.42 acres from RUT to R-4 and C -G zones for a planned development consisfing of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Praimeland Development Company — 2420 Ustick Road: H. Tabled from August 8, 2001: Findings of Facts and Conclusions of Law for Approval: PP 0 1-Q0 5 Request fay Meridian CityCounciI Agenda- August21, 2000 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acccxrtmodaiion for dlsabilides related to documents �d/pr hearings, please ccxtitact the City Cleric's Offtc* at 888-4433 at least 48 hours prior to the PuNic meeting. Subdivision Block 2, Lot 1 by Charles J. Eldredge — 551 West Idaho Avenue: pin Findings of Facts and Conclusions of Law for Approval: PP 01=013 Request for Preliminary Plat approval of 6 building lots on 'x.66 acres in a proposed R4 zone for proposed The Lakes at Cherry Lane No. 10 by Steiner Development Inc. — west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street'. Q. Findoings of Facts and Conclusions of Law for Approval: CUP 01=023 Request for a Conditional Use Permit for the constructi01=023ort of a metal warehouse with an office in an [-L zone for High Bridge Office by Robnett Constructon,, Inc. -- 138D East Commercial Avenue: R. Findings of Facts and Conclusions of Law for Approval. CUP 01=020 Request for a Conditional Use Permit to develop a 2,500 square -foot sales building for a recreational vehicle sales lot in an I- L zone for Bodily RV by Gary Bodily — northeast corner of East Overland Road and South Linder Road. S. Approve Bills: 'ff 4. Department Reports. A.m-4Treasurer's Departmenfi — Janice Sith: 1. Fiscal year 20x1 Budget Amendment Revised: BsPubl"I c Works Depart ent — Gary Smi'this '1. Fire Hydrant ReP facement Project -- Bid Results: 2,o Meridian School District — Water and Main Easements: 3. Honor Parc SubdivisionropePrty Purchase: 4,r 2001 Fire Hydrant Replacement Project — Award of Contracts 51 WWTP Master Survey — Agreement for Professional Services: 6.w VVWTP Clarifier No,. 3 Re -coat'i'ng Project — Agreement for Professional (Inspecton) Services: Meridian City Coum"I Agenda - August 2t, 2004 Page 3 of 5 Al materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabiffties related to documents andlor hearings, Please contact the City ClerWs Offm at 888-4433 at IeW 48 hours prior to the public mWing.L 95. AP 0't-00 Request to Appeal a stop work order for Walt Morrow by Walt Morrow — 2340 West Franklin Road.. 'E6. Water, Sewer and Trash delinquencies: Meridian City C a uncl I Agenda,,,.e A ust 21, 2000 Page 5 of 5 All materials presented at public meetings shall become property of the City of Merdlan,- Ani,Vone desiring accommodation for disabilities related to documents aridior hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1 ti k .RECEIVED AUG 2 1 2001 CITYOFMERIDIAN DELINQUENCY FDR I URN OFF SCHEDULED I OR 48/29/41 MAYOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, Augu.s� 21, 2001e b fore the W.Mayor and City Council to appear xn person to be judged on the facts and to defiend the claim made by this City that your water, sewer and trash bill is delinquent., You may retain counsel. This service. will be di,4;c(ntxnued on August 29, 2001, unless payment is received in fug . �s there anyone present who wishes to co es� his or her water, sewer and trash delinquency? {No response.) NIAYUR: They are hereby informed chat they may appeal or have the decision of the City reviewed by the Fourth Judicial istrict Court, pursuant to Idaho tate Code. Even though they appeal, amo i of t e -0ff list 1s $43,577.57. their water wi11 es hut of f The BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR VACATION FORA 20mFOOT UTILITY EASEMENT BETWEEN LOTS I AND 4 BLOCK 2 FOR THE CONSTRUCTION OF A FOUR -FLEX FOR SUE'S SUBDITSION CHARLES J. ELDREDGE., APPLICANT C/C 08/08/01 CASE N04,, VACmO I -oo I FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND ORDER OF VACATION FORA 20 -FOOT UTILITY EASEMENT BETWEEN LOTS I .AND 4 BLOCK 2 This matter coming on regulairly before the City Council at its regular meeting on the 8"' day of August, 2001, at the hoax of 6:30 p.m., and Shari Stiles, Planning qk and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying was the Applicant, Charles J. Eldredge, and the Council having received the I& record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received mal<,es the following Findings of FI` indings of Fact and Conclusions o I Law and Page 1 of S r er of Vacation or A 20 -Foot Utility Easement Between Lots I and 4 Blocl<. 2 /Sue's Subdivision By: S unrise Engineering /Charles Eldre ge /VAC -01-001 Fact and Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDIC ION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. I-hCs § SO - 1.325}. 2. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 5 0 Idaho Code {LC. § 4 0-2 03 (6) }. 3,P Any person, Kirin,Kirin,association, corporation or other legally recognized .dorm of business desiring to vacate a pant of a plat which iq's inside the boundari'es of any City must petition the City Council to vacate. Any person,, persons,,, firm, association, corporation or other legally 4 recognized form of business desiring to vacate a plat or any part thereof which is inside or within one { 1 }mile of the vaL�ndaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requeststo vacate,* contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, ani said petition shah Ue filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred deet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided,,, however, that in a proceeding as to the qh vacation of all or a portion of a cemetery plat where there has been no interment, oz zn the case of a cemetery being vnthin three hundred deet {300') of another plat for which a vacation is sought, publication of the notice of I earing sl all I e ti e only required notice as to the property owners in ti e cemetery. When the proce ures set Earth herein have been fulfilled, t e city council may grant the request to vacate with such Findings of Fact and Conclusions of Law and Order of Vacation For A 20 -Foot Utility Easement Between Lots 1 and 4 ock 2 /Sue's Subdivision By: Sunrise Engineering /Charles re ge /VAC -O l -OO I Page 2 of 8 VT S S S T S. restrictions as they deei-ri necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power., drainage, and slope purposes, public noti*ce of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. 1110C. § 50-1306A {1}, (2), (3) and. {5}} 4. Pursuant to Meridian City Cade §§ I2-20-1 A and B and I2-IO-2 A and d' B it provides as Follows: 12-Y4-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public rioght of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to 0 the widening of any street which ii�ms shoon this Comprehensive Development Plan, or the dedibca-tion of streets, rights of way or easements to be shown on a recorded subdivision. 2. AdmIP It inistrator Action: Upon receipt of the completed application, the IP 41 Administrator shill affix the date of application acceptance thereon.. IP The Administrator shall place the application on the agenda for IP consideration at the next regular meeting of the Commission which is held not Tess than fifteen ( 15) days after said date o f acceptance. 12-10-2 COMMISSION .AND COUNCIL ACTION: 1b 41 A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council dor either approval, conditional approval, or denial. 26. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date dor a public hearing and Findi*ngs of Fact and Conclusions of Law and Order of Vacation For A 20 -Foot Utility Easement Between Lots 1 and 4 Block 2 /Sue's Subdivisioll By: S unri s e Engineering/ Charles Eldredge VAC =,0 I w,0 0 1 Page 3 0f 8 ti 1 k� �f • C ti r ti 1 1 give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a qk III quit -claim deed for the vacated rights of way 14n such proportions as are prescribed b y law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council nay approve, deny or modify the application.P. When a d,edication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of Iand, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT ].. Charles J. Eldredge, filed a petition for the vacation fora 20 -foot utility easement between lots I and 4 block 2, as dedicated in the Warranty Deed from Bruce L. Wood and Diane C. Wood, husband and wife,, to Charles J. Eldredge and Shel A. Eldredge, husband and wife, recorded November 30, 2000, as Instrument No. 100096909. 2. The legal descrioption of the utility and drainage easements which are the subject of this petition is: Lot 1 in Block 2 and Lot 4 in B lo ck 2 0#' SUE'S SUBDIVISION, according to the Official Plat thereof, filed in Book $0 of Plats at page(s) 8 5 7 1- 8 5 7 2 records of Ada County, Idaho . 3. The particular circumstances of the requested vacation is: Tile vacation is requited because the lots in this application (Lots I and Of 4, Block 2) were originally laid out with the intention of having duplexes constructed; Lot 4 currently has the duplex on it. The Owner would lilce to construct a 4-plex on the remaining vacant lot, Lot 1. A lot line adjustment between Lots 1 and 4 of Block 2 is preferred to It accommodate for all building setback requirements. A utility easement Findings of Fact and Conclusions of Law and Order oi Vacation For A 20 -Foot Utility Easement Between Lots 1 anid 4 Block 2 /Sue's Subdivision By: Sunrise Engineering /Charles Eldredge / VAC.o i oo i Page 4 of 8 emsts along this lot line (10-ffet either side, total of 20 -foot easement). Because of the size of the proposed 4-plex the easement, as it is now located, would be encroached upon. 4. The names and, Relinquishment of Easements attached as Exhibit "A of the affected by the petition to vacate include: 5. 1 The appl6. icant/owner of the proper-ty is Charles J. Eldredge and Shel A. Eldredge, husband and wife, Meridian, Idaho, and who applied for the vacation application., S.2 Intermountain Gas Company, AT&T Cable Services, US West 0 Communications, City of Meridian, and Idaho Power., Relinquishments will be attached as an Exhibit "A", and will be the Relinquishment of Partial Release of Easements releases from the utility companies, and all Relinquishments shall be submitted 0 from all applicable utility companies prior to the issuance of any building permits an the subject lot. 5. Written notice of the public hearing of this petition was given b y certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') o f the boundaries ohe area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publIceft-tion which was not less than seven (7) days prior to the hearing.. 6. All affected utility holders I ave agreed to the requested vacation in writing. 7. All publicatro�1 costs have Veen paid by the petitioner. D N AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THE.REF�RE, BASED UPON THE ABOVE AND FOREGOING Findings of Fact and Conclusions of Law and Order oacation or A 20 -Foot Utility Easement Between Lots I and 4 oc ue's u ivisioll By: Sunrise Engineering /Charles Eldredge VAC N,0 I -0 0 1 Page 5 of 8 f 1 T STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JUPJSDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The following utility and drainage easement as depicted on the Record of Survey of Sue's Subdivision, is hereby vacated,, A ut6. Rh ility easement exits along the lot line 10 -deet either side, total a F 1b 1b 204pofoot easement), at Sue's Subdivision, Meridian, Idaho. 2. The City Cleric shall cause a copy of this order to be served upon the Of affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 3. The City Cleric shall cause a certified copy of this order to be recorded with the Ada County Recorders offiice, NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person bel*ng a person who has an interest in real property which may be adversely affected by the issuance or denial of the vacation may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title b7, Idaho Code. Findings of Fact and Conclusions of Law and Page 6 of S Order of VacationUti li For A 20 -Foot tyEasement Between Lots I. and 4 Block 2 /Sue's Subdivision By: Sunrise Engineering'/ Charles Eldredge /VAC -0 J. -00 ]. X11 • ti B action of the City Council at its regular meeting held an the *Ptf '� , 2001.6 ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN Mc LANDLESS MAYOR ROBERT D. COPJUE (TIE BREAKER) DATED: 94-1 4?1-- -- - - S �f day of VOTEDV ��— VOTED V VOTED VOTED-- �� VOTED Copy served upon Applicant, the Planning and Zonzng Department, Public Worl<s Department and City Attorney. City Cler] lb . -" ' rv, AL ff L EDP't .AM A AW _ t kip IL J } F •� N%6 + *� 1�4 Findings of Fact and Conclusions of Law and Order of Vacation For A 20 -Foot Utility Easement Between Lots ]. and 4 Block 2 /Sue's Subdivision By: Sunrise En91nneeng/ Charles Eldredge /VAC -01-001 Page 7 of 8 .T T• T { .f T T r ' r STATE OF IDAHO, ) 0 1b SS dF County of Ada. ) On this day of 7 2001 , before me, the undersigiied, a Notary Public in and for said State, personally appearced ROBERT D. CORRIE and WILLIANI G. BERG, JR., imomaa to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within �nstrument, and aclmowledged to me that the City of Meridian executed the same.. IN tiVITNES5 WHEREOF, I have hereunto set my hand and a-ffiLxed iny IP official seal the day and year first. above written. (sem.,) Notary Publie for Idaho Cornmission1b IP Expires: Z.,\Worlc,\Ivl\fvlerid'lai-i\Mer'pldian 15360M\Sue's SubVACOI,,001 CUl"OlmO22\FfC]OrdVac2OwftUt'll'ityEasement.doc Findings of Fact and Conclusions of Law and Order of Vacation For A 20 -Foot Utility Easement 0 Between Lots 1 and 4 Block 2 /Sue's SubdIVIS1011 By: Sunrise Engineering /Charles Eldredge /VAC -0 1-00 Z Page S of 8 BEFORE THE MERIDLkN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL ) USE PERMIT FOR CONSTRUC ION } OF A FOUR -FLEX FAMILY } DWELLING IN A R- 15 ZONE ) LOCATED AT 551 W. IDAHO AVE., ) MERIDLAN, IDAHO } } CHARLES J. AND S11EL A. ) ELER,EDGE, ) APPLICAN---------- - - T. ) C/C 08-08-01 CASE NO. CUP=01w022 FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND DECISION .AND ORDER GRANTING CONDI IONAL USE PERMIT The above entitled conditional use permit applicatio�� having cane e.F ore the City Counci'pX on August 8, 200J., at the hour of 6:30 M., at Merib 1 0 an Cilt Hall', 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and. testified, and appearing and testifying was the Applicant, Charles J. Eldredge, and no one appeared in opposition, and the City Council hav'0 ing duly considered the evidence and the record in this matter and the commendations to City Council issued by the Planning and Zo��ing Commission who conducted a public hearing and the Council having heard and taken oral and written testimo and having duly consid,ered the matter, the City Council hereby makes the fallowing F11-11ings of Fact, Conclusions of Law and Decision and Order to - 0 VALt FINDINGS OF FACT I -NA not.9 ice of a public hearing on the condztional use peri -nit was PubZzshed for two {2) consecutive weeks prior to the said public hearing scheduled for August 8, Charles J. and Shel A. Eldredge -Applicant 4 -Flex Family Dwelling - Page iof13 200 7, before the City Council, the first publication appearing and written notice havi6ng been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior0 to said hearing and with the notice of publi 0 c hearing having been posted upon the property uncle- consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radia and IP 1b television stations as public service announcements; and, the matter having been duly considered by the City Council at the August S, 200I., public hearing; and the applicant, affected property owners, and government subdivisions providing services Vathin the planning jurisdiction of the City O'f Meridian, having been given full opportunity to express comments and submit evidence,,. 2. There has been compliance with all notice and heari*ng requirements set forth in Idaho Code § & 7- 65 p 9, 6 5 1.2, and Meridian City Code §§ I I- 15-5 and 11 - 17- 5 as evidenced Uy the AFfidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3,. This proposed development. request is in an R-15 zone, by reason of the provisions of the Meridian City C ade § I I -17-4, a public hearing was required before the City CouncIP il on this application. 4. The property is located at 551 W. Idaho Ave., Meridian, Idaho. 5. The owner of record of the subject property is Charles J. and Shel A. Eldredge, 2716 Pine Flats, Merid'm ian, Idaho., 6. Applicant is owner of record. 7. The subject property is currently zoned R-15,, The zoning district of R- I S is defined within the City of Meridian Zoning and Development Ordinance, Section I 1- 7-2. 8. The proposed application requests a conditional use permit for the construction of a four-plex family dwelling. TheR-15 zoning designation within the Charles J. and Shel A. Eldredge — Applicant 4-plex Family Dwelling Page 2 of 13 City of Meridian Zoning and Development Ordinance does not normally require a conditional use permit be obtained :for this type of use. (Meridian City Zoning and Development Ordinance, Section 11-5- 1). 9. The Meridian City Council recognizes that the proposed application zs in compliance with the Meridian Comprehensive Plan. 104 The City Council recognizes the concerns of Steve Hanson expressed iOn h is July 5, 2 00 1 letter and which zs on file i"n the City Clerk's office. 11.6 The use proposed within the subject application Mall in fact, constitute a conditional use as determined by City Ordinance. 121P The Meridian City Council takes judicial notice of its Zoning, Subd6. 1h Rh ivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensi've Plan of the City of Meridian, and Mads and the Ordinance establishing the Impact Area Boundary. 13,h Giving due consideration to the comment recei'ved from the governmental subdivisions providing services in the City of Meridian planning jurisdiction publi*c facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are unposed and the follow1h ing is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of Planni"ng and Zoning anti Engineering staff as f01101VVS*'0 1. Landscaping shall be installed per the approved land-scaping plan. 2. Off-street P arking shall b e p rovided in accordance with Section 1 1- 13 of Charles j. and Shel A. Eldredgeffw, Appli*cant 4 -Flex Family Dwelling -- Page 3 of 13 the City of Meridian Zoning and Development Ordinance. 3. Paving and striping shall be iii accordance with the standards set forth ii Sections 11�13-4.D. and 11-13-4.E. of the City of Mendian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 4,h A drainage plan designed by a State of Idaho licensed architect or engineer is required, and shall be submitted to the City Engineer {Ord. 5 5 7, 10 1 -9 1) for all off-street parking areas. Storm water tre atment and disposal must be designed in accordance with Department of Ei-il�u'pronmentalQuality i 997 publication CatalStormStotog of Wiatci4 Best Maiiageiiiejit Practices far .Ic�a11o Cities and Counties and City of -Meridian standards and policies. Off,IIIIIIIIIIIII,site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow ,injection Wells, 5. OUtside Ighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Se,ction 11-13-4.C. b. All construction shall conform to the requirements of the Pu-i-iencans III with Disabiliti*es Act. 7.6 Trash enclosures shall meet the requirements of the Sanitary Sei7vi" cc Company's guidelines for location anllJ !Isi"ze. 8. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations of the Ada County Highway District as follows: 9. Applicant to comply with ACHD's letter dated ui-ie I2, 200I and along with the February 10, 1999 conditions and requirements of Meridian 111 Acres (Sue's Subdivision). Adopt the Recommendations of the Meridian Fire Department as follows: 1.0. That afire -flow of I,S00 ga ons per minute be available to service the Charles j. and el A. Eldredge — Applicant 4 -Flex Family Dwelling — Page 4 of 13 project with a fire hydrant within 250' of the P arl<ing stall for given unit. 1994 UFC Table III A &. B. 1 J.. Premises Identification. All numbers or addresses shall be 6" high and placed on the front of the building in such a manner to be clearly visible from the street.. The numbers shall contrast with their background. UFC 901404046 12. All dovnAstai"'rs units shall be identified with the first dig-itIP in the unit identifier of 1 and all upstairs units shall be identified with the,first digit in the unit identifier of 2. UFC 901.4.4. Adopt the Recommendations of the Central District Health Department as follows: 13. Run-offisnot to create a mosquito breeding problem. Adopt the Recommendations of the Nampa &. Meridian Irrigation District as Follows: 14. All laterals and waste ways shall be protected and all munic4 ipal surface Rh drainage shall be retained on site. If any surface drainage leaves the site., the Nampa & Meridian Irrigation District shall review drainage plans. The developer s hall comply with Idaho Code §3 J.-3 8 0 5. Irri'gatio n water shall b e made available to all developments within the NampaRP RP &. Meridian Irrigation District. 13.0 The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Mer1b idian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" qs "Exxsting Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance ox intended character of the general Charles r. and Shel A. Eldredge Applicant 4 -Flex Family Dwelling — Page 5 of 13 dF & vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses,, 16,1. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police arid fire protection, drainage structures., refuse disposal, water, and sewer. 1 7. The uses proposed within the subl"ect application will not involve uses, activities, processes, materials, equipment and conditions of operation thatwi ll be detrimental to any persons, property or the general welfare by reason of excessive Production oftraff-Iffic, noise, smoke, fumes, glare or odors. 180 The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I * TI -ie City of Meridian shall exercise the powers conferred upon it by the Local Land Use Planning Act o f 19 7 5 hereinafter referred to dor conven ilence as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C,. §67-6503),P, 2,P The Meridian City Council may exercise all the dowers required and authorized under the "Act " except the power to adopt ordinances by, the 1h establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-b504 which the City Council of the City of Merid0 ian has established by the passage of the " City of Meridian Zoning and Development Ordinance" at Titles XI and XJ1, Chapter I, Meridian City Code. 3. As dart of a zoning ordinance the City Council can, subject to hearing W 0 't and native provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the Charles J. and Shel A. Eldredge —Applicant 4 -Flex Family Dwelling — Page 6 of 13 ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4.6 The City Council has the duty and. responsibility to review the 0 facts 1 4h IP and circumstances of each application for special use permit to determine prior to granting the salve that the evidential showing supports the finding that -the follovanng standards are met and that the proposed d evel opment (Meridian City Code § 1 1- 17- 3) a. Will, in Fact., constitute a cont�itional use as determined Uy City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; qk C-0 Will be designed, constructed, operated and maintained to be 0 harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; uses; dd Will not be hazardous or disturbing to existqk ing or future neighboring e. Will be served adequately by essential public Facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible forthe establishment of proposed conditional use shall be able to provide adequately any such services; F. Will not create excessive additional requi"'rements at public cost for IP public facilities and semces and will not be detrimental to the economic welfare of the communityp g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, .fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major iinportance. Charles J. and Steel A. Eldredge —Applicant 4 -Plea Fainily Dwelling — Page 7 of 13 5. Prior to granting a conditional use permit in a Medl'um High Density Residential District (R-..* 15), a public hearing shall be conducted with notice to be published and prolv�vlided to property owners or purchasers of record within three hundred feet (300') of the externalb,aundaries of the land under consicaleratiaI-i for the conditional use hermit all in accordance with the provisions of Meridian City Code § 11- 1 7-5 City of Meridian Zoning and Development Ordinance, which prolv�vides as follows: "Pr41 ior to approving a Conditional Use Permit, the applicant and the Commission and Council shall fallow notice and hearing procedures provided in Chapter 15 of this itle. Provided, however, that conditional use a]PP lications for land in Old Town and in industnal and commercial districts shall only be required to have one public hearing which shall be held befoie the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the :recoznxnendatian of the Commissqk ion. " 6. Fallowing the public hearing anti within 45 days after the conclusion of the public hearing the Comm6. ission shall, transmit its recommendations to the Meridian City Council with supportive reasons. TI -ie Comm111 ission shall recommend that the application be approved, approved with conditions or denied. The Commissian shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensi've Plan, City of Meridian Zoning and Development Ordinance, anti Idaho State law. (Mer0 idian City Code § I I -17-G) 7. When the City Council approves a conditional use permit it may impose conditiolls of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timIII ing of development; C. Control the duration of development; Charles J. and Shel A. Eldredge -- Applicant 4 -Flex Family Dwelling — Page 8 of 13 D. Assure that the developmenti'os maintai'ned property; E. Designate the exact location and nature of the development; F. Require the provision for an -site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ord -6 inance. 8.6 The City of Merid0 ian has, by ordinance, established the Impact Area IP and the Comprehensive Plan of the City of Meridian., which was adopted December 217 1993, Ord.. 629, January 4, 1994 and Maps,,, DECISION AND ORD- ER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON TI 1E ABOVE AND FOREGOING FINDINGS 4F FACT .AND CONCLUSIONS OF LAW, 6. the City Council does hereby ORDER and this does Order that: 1. That the above named applicant i*s granted a conditional use permit for the construction of a fouro-.4plex family dwelling, Sul�J�ct to the Follovc�ng condztzons of use and development.0 Ad opt the Recoininendations flF Plai�tning and Zoning and Engineering staff as follows -0.6 I . Landscaping shall be installed per the approved landscaping plan. 2.0 Off4,&street parking shall b e provided in accordance with Section 1 1- 13 of the City of Meridian Zoning and Development Ordinance. 3. Paving and striping shall be i"n accordance with the standards set forth in Sections l 1-13-4.D. and I 1.-13-4.E. of the City of Meri lian Zoning and Develapment Ordinance and in accordance with Americans with Disabiliti4es Act (ADA) requirements. 4. A drainnage flan designed by a State of Idaho licensed architect or Charles J. and Shel A. Eldredge —Applicant 4 -Flex Family Dwelling Page 9 of 13 III engineer is required and shall be submitted to the City Engineer (Ord. 5 5 7, 10- 1-9 I) for all o�Estreet parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1 997 publication Ccttcc71111111111111111111111 of Storm I ccter Best Management Practices for Idaho Gilles and Counties and City of Meridian standards and policies. Off-mosite d,isposal into a surface water Id's prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to developmei-it plan 111 approval. TI -ie applicant is responsible for :Filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Outside lighting shall be designed and placed 11P in such a manner as to eliminate glare and illuminatian of the adjoining roadways and properties, in accordance with City Ordinance Section 11 - 13 -4. C. b. All construction shall conform to the requirements of the Americans with Disabilities Act. 7d, Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. $. APplz�ant's {or successor's) failure tlll) D�111111111111)mpxy with any of the terms oaf dF approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt,the Recommendations of the Ada County Highway District as :follows: 9. Applicant to comply with ACI ID I s letter dated June 12, 2001 and along with the February 10, 1999 conditions and :requirements of Meridian 111 Acres {Sue's Subdivision}. Adopt the Recommendat i*ons ofm the Meridian Fire Department az511)ws: I0. That afire -flow of 1,500 gallons per minute be avallable to service the 0. project with a fire hyclran� wi4thu� 250` of the parlcing stall for given unit. I994 UFC Table III A &. B. 11. Premises Identification. All numbers or addresses shall be 6" Hugh and placed on the front of the buildingi'on such a manner to be clearly vi"'Sible from the street. The num ers shall contrast with their background. UFC 901 .4.4. Charles J. and Shel A. Eldredge —Applicant 4111111111111111, ex Family Dwelling --I Page 10 of 13 12. A11 downstairs units shall be identified with the :First digit in the unit identifier of l and all upstairs units shall be identified with the first digit in the unit identifier of 2. UFC 9010,4641P Adopt the Recommendations of the Central District Health follows: 13. Run-off is not to create a mosquito breeding problem. Department as Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 14. All laterals and waste ways shall be protected and all municI& ipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &. Meiridi"an Irrigation District shall review drai"nage plans. The developer shall comply with Idaho Code §3 1.-3 8 0 5. Irrigation water shall be made available to all developments within the Nampa0 � Meridian Irrigation District. 2. The conditions shall be reviewable by the Council pursuant to MendianI IP City Code § I I - 17-9. 3.9 The above conditions are concluded to be reasonable and. the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the Ci*ty Attorney draft an Order Granting Conditional Use Permit IP in accordance with this Decision', which shall be signed by the Mayor and City Clerl<,- and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Worl<,-s Department and any affected party requesting notice. Charles J. and Shel A. Eldredge -Applicant 4 -Flex Faintly Dwelling - Page l i of 13 f� T NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person bei"ng a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use peri -nit may within twenty-eight (2$) days after the date of this decisionand6. order seek a Judicial review as provided by Chapter 52, Title 67, Idaho Code., By action of the City Council at its regLdar meeting held an the, day of �LC z-f� , 2001. ROLL CALL: COUNCILMAN RON ANDERSON' COUNCILMAN 1< El BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAI(ER) DATED: Charles J. and Sigel A. Eldredge —Applicant 4 -Plea Family Dwelling — VOTED L VO ED.�� VOTED VOTED— VOTED Page 12 of 13 MOTION: APPROVED DISAPPROVED..6 Cody served upoll Applicant., Planning and Zoning Department, Public Works Department and the City Attorney. y4,.011tilF,,. 0 so City Clerk 10%%-v Ta 1 1•�'`{tib �� � � �� h. F� •f, RIP yj- T ! y L j' {y{- lb LTTT--- 4 -- � J 1 .f 6f D ed' � ti1 AM '. Is *r -at 9 I + 4 �• S k 1 \\NPA NTS40_PDC,ISERVER Z\Worir,\M\Mer'pdian\fVleridian 15360KSue's SubVACOL,001 CUP01,,022\CUP01-, 022FFCL.doc Charles J. and Shel A. Eldredge — Applicant 4 -Flex Family Dwelling — Page 13 of 13 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR ) CHARLES J. AND SHEL A. ELDREDGE ) FOR FOUR-PLEX FJWILY DWELLING ) INANRmI5 ZONELOCATEDAT551W. ) IDAI 10 AVE., MERIDLAN, IDAHO } } C/C 08-08-0 1 CASE No. CUPmOlmO22 ORDER OF CONDITIONAL APPROVAL OF CONDI IONAL USE PERMIT Tilis matter coming before the City Council on the 8 `'' day of August 2001., under the provisions of Mendian City Code § 1 Im17 -4 for final action on conditional use hermit application and the Council having received and approvi"ng the Recommendation of the Planning and Zoning Commission the Council takes the following action: J.. That the Applicant of the property is granted a conditional use permit for the construction of a four-plex family dwelling in the R- 15 zone, the proposed application request of a conditional use permit for the construction, development, miantenance and use for a fouromplex family dwelling, as described in the "SJTE PLAN .AND LANDSCAPE CONDITIONAL USE APPIICAI10 SUE'S SUBDYVTSTON, BLOCK 2, L4T l., FOURPLEX PLOT PLAN, DATE: 5- 11-O 1, JOB: SUE'S SUBDIVISION, SPECIALTY DESIGN, DESIGNER: CHARLES ELD GE7 I OF 17 SPECIALTY HOMES, INC., DESIGNER, CHARLES E GE1 DEVELOPER", or the development of the aforementioneour-plex family dwelling and which property descriiptions on file in the City Clerk's office. 2. That the above named applicant is granted a conditional use permit forafour- plling, iex family dwelocated at 551 W. Idaho Ave., Meridian, Idaho,subjecttot e following conditions of use and development: ORDER GRANTING CONDITIO USE PERMIT BIG D. BUTLDES-OWNERS / TKEASURE VALLEY ENG�NEER.S-APPLICANT , OFFICE/WAREHOUSE PAGE 1 OF4 ORDERCUP457 T Y S T .f .f RP Adopt the Recommendations of Planning and Zoning and Engineering staff as Follows: ing shall be installed per the approved landscaping plan.I.. Landscap 2,1 Off-street parking shall be provi'pded in accordance with Section 1 1-13 of 0 the City of Meridian Zoning and Development Ordinance. 3,h Paving and striping shall be in �cco�dance with the standards set Earth in Sections I1 -I3 -4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Ainericans with III Disabiliti'mes Act (ADA) requirements. 4. A dradP inage plan designed by a State of Idaho licensed architect or engineer is requi"red and shall be submitted to the City Engineer (Ord. 5 5 7, 10 ow I - 9 I) for all off street p arlul ng areas Storm water treatment and disposal must be designed in accordance with Department of Ei-ivironmental -Quality 1997 publication Catalog of Storm Wateio* Best Management Practices fol A Idaho Cities and Counties and City of Meridian qk standards and policies. OFf site dzs�osal into a surface water is prohibited unless the jurisdiction which has authority over the receiving 0 stream provides written authorization prior to development plan approval. The applicant is responsible For filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Welds. 6. S. Outside lighting shall be designed and placed in such a manner as to eliminate glare and iiluinination of the adjoining roadways and properties, in accordance with City Ordinance Section 1I -13-4.C. 6. All construction shall conform to the requirements of the Auneri'cans with Disabilities Act. 7. Trash enclosures shall meet the requirements of the SandP itary Service Company's guidelines dor location and size. 8. Applicant's (or successor's) failure to coinply with any of the terns of approval of the conditional use permit shall be cause For revocation of the conditional use permit. ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS /TREASURE VALLEY ENGINEERS -APPLICANT , OFFICE/WAREHOUSE PAGE 2 QF 4 0RDERCUP057 f .. f T 1 .1 Adapt the Recommendations of the Ada County Highway Disirict as follows: 9. Applicant to comply with ACHD's letter dated June 12, 2Q01 and along with the Februal7y I0, 1999 conditions and requirements of Meridian qk Acres (Sue's Subdivision),. Adopt the Recommendations of the MeridRh ian Fire Department as follows -6. 10.6 That afire-flow of 1,500 gallons per minute Ue available to service the p roject with a fire hydrant within 2 5 0' of the p arrlczng stall dor given unit. ].994 UFC Table III A SZ B. ] 1,P Premises Identification. All numbers or addresses shall be 6" high and placed on the front of the building 'in such a manner to be clearly visible from the street. The numbers shall contrast with their baci4clground. UFC 90I.4.4. 12. All downstairs units shall be identified with the First digit in the unit identifier o� 1 and alI upstairs unzts shall be identified with the first d�gx� qk in the unit identifier of 2. UFC 901.4.4. Adapt the Recommendations of the Central District Health Department as Follows: 13. Run-off is not to create a mosquito breeding problem., Adopt the Recommendatiolls of the Nampa SZ Meridian Irrigation District as follows: I4. All laterals and waste ways shall be protected and all muni 9 cipal surface drai'nage shall be retained on site. If any surface drainage leaves the szte, 1 the Nampa & Meri 9 than Irrigation District shall review drainage plans. Iy with Idaho Cade §3 ].-3$OS. Irrigation waterThe developer shall comp shall be made available to all developments within the NampadP &. Meridian Irrigation District. ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS /TREASURE VALLEY ENGINEERSAPPLICAN , OFFICE/WAREHOUSE ORDERCUP057 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application dor a conditional use permit., 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11 -� 7-8, a cjPY of which is attached to this permit. By action of the City Council at its regular meeting held on the 197('�6-r zL , 200 1. 10 R65e* D. Corrie, Mayor City o -f Meridian day of Copy seared upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney,, By: �M -- --r,---- ---- ----- ------ ----- �.�. City Clerk Dated: z :�WorldM\Meridian\lvieridian 153 60M\Sue's Su I�VAC01-OOi CUPO I -022\CUPO I -0220rder.doc ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS -APPLICANT , OFFICE/WAREHOUSE PAGE 4 DF 4 057 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR THE LAICE AT CHERRY LANE No,. 10 SUBDIVISION, LOCATED AT THE NWI/4, SECTION 3, T03N*7 R. IWa. MERIDIAN, IDAHO BY: STEINER DEVELOPMENT, INC., APPLICANT c�c os/os/o z Case No. PPmOlmO13 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly :for public hearing before the City Caunci� on Augl�st 8, 2001., and Shari Stzles, Plannzng and Zoning Admini*strator, appeared and testified, and no one appeared in opposition, and the City Council hang received a report from Steve Si*ddoway, Planner for Planning and Zonqk ing, and Bruce FrecIdeton, Engineering Technic111 ian III for Public Worl<.S, and the City Council hav6. E ing received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having Sul mitte I the PRELIMINARY PLAT, TT E LACE AT CHERRY LANE NO. 7.0 SUBDIVISION, 0RTION OF THE NW 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BM., MERIDIAN, ADA COUNTY, IDAHO, DWG FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIO ROVAL OF PRELIMINARY PLAT THE LAKES AT CHERRY LANE NO. 10 P,,01,,013 - 1 DATE: 04/18/01, DWG. NO. LCL10ooPRE, SHEET 1 OF 1 PRE, \LCIOPRE.. MEM, STAMPED DATE: APR 20 200]., BRIGGS ENGINEERING, INC. ", submitted for preliminary plat approval and v�lhich preliminary plat for approval application i s herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Councilmal<,es the Following findings: I � ��� ���►�l�.Y��y:L�l_I I S That the proposed development is i*n conformance with the Comprehensive Plan by reason of the fact that it lies v�rithin the Existing Urban Area IP as definedin the Meridian Comprehensive Plan Generalized Land 2Use Map, Infrastructure Planning Analysis Comprehensive Plan and Mai, adopted December 2I, 1993, and the property 16S presently zoned Low Density Residential District (R- qk 0 a 4), and requires connection to the Municipal Water and Sewer System. [Merdan City Code § 11 -7-2 C] 2. The preliminary play is in conformance with the Comprehensive Plan City aF Meridian adopte d December 2 I, 19 9 3, Ordinance No. 6 2 9. 3. It is determined that Urban Services can be madeavailable to accommodate the proposed development i*f the plat complies with the requirements 41 and conditions hereinafter set faith as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development 0 within the City's Capital Improvement Program and if the conditions which are FINDINGS OF SACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIQNAL APPROVAL OP PRELIMINARY PLAT THE LAI(ES AT CHERRY LANE NO, 10 / (PP -0 1-0 13) - 2 requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if bu1P. & ilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Counc'o il's attention. C. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideratqk ion of this approval drawing of the preliminary flat herein designated as: "PRELIMZN,A.RY PLAT, THE LAKE AT CHERRY LANE NO,,, 10 SUBDIVISION, A PORTION OF THE NW '/4 OF SECTIQN 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/18/OI, DWG,. NO,, LCLI O -PREY SHEET 1 4F J. PRE , \LC l OPRE . MEM , STAMPED DATE: APR 2 0 2 0 01 , BRIGGS ENGINEERING, INC. ". I ECISION AEDO] ER to the City Council's authority as prrovi ded in Meridian City ursuant Code § ].2-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF SACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OP PRELIMINARY PLAT THE LAI(ES AT CHERRY LANE NO. 10 / (PP -O1-013) - 3 I IS HEREBY ORDERED AND THIS DOES ORDER ].. The Preliminary Plat of the applicant as evidenced by " PRELIMINARY PLAT, THE LAKE AT CHERRY LANE NO. 10 SUBDIVISION, A PORTION OF %. THE NW I� OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BM., MERIDIAN, ADA COUNTY,, IDAHO, DWG DATE: 04/18/OX, DWG., NO,, LCLIO- PR,Ep SHEET 1 OF 1 PRE, ILC 1 OPRE. MEM, STAMPED DATA: APR 20 2001 , BRIGGS ENGINEERING, INC." is hereby conditionally approved; and 2. The conditiffions of approval are as follows to -wit: Adopt the Planni"'ng and Zoning Administrator and Assistant City Engineer Recommendations as follows: Y _ Provide detailed landscape and fencing plan for review and approval with submittal of final plat application. A letter of credit or cash will be required for the 16inprovements priors to signature on the final plat. (.Vtheime i s already an appl avec landscape flan on the plat, tlzen this reconimendation shall 7iot be r,,equila ed. ) 2.6 Sanitary sewer and' water services to t1iis site will be from existing services. 3. All street signs, road base, street lights, pressurdP ized irrigation systems., domestic water system (ICft4vated fire hydrrants), and fencing, ii required, are to I e installed priox to obtaining building permits. 4. 1 00 -watt, high pressure sodium streetlights will be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subd1))ader's expez�.se. Typical locations are at street W ntersections an or fire hydrants. 5. Applicant has indicated that the pressurize irrigation system within this development is to be a continuation of the existing system owned and. maintained by the Nampa &. Meridian Irrigation District. %% BINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OP CONDITIONAL, .APPROVAL OF PRELIMINARY 1'THE LAKES AT CHERRY. 10 / (PPmO I mO 13) - 4 ti 1 ti ti ti 6,P, :A11 irrigation ditches., laterals or cai'ials, exclusive of natural waterways, dF intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City per City Ordinance 12.4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or 4h 1b lateral users association, with written confirmation of said approval .. submitted to the Public Worl<.s Department. 7. Any existdP ing domestic wells and/or septic system within this project will have to be removed from their domestic sem"ce }ger City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with. City Ordinance Section 12-5-2.I<. 96 indicate on the final plat map any FEMA. Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary, 10. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 11. Submi*t a copy of the Ada County Street Name Committee's approval letter for the Subd,ivision name, lot and block numbering, and street names. Malo any corrections necessary t3lonform. Adopt, the Central District Health Department Recommendations as .Follows: 12. After writtenapproval from appropriate enti tzes are submitted, we can approve this for central sewage and central water. I3. The .following plans shall be submi"'tted to and approved by the Idaho Department of Health R Welfare, Division of Envi4ronmental Quality: central sewage and central water. 14. Run"Off is not to create a mosquito breeding problem, 15. Stormwater Criteria: It is recommended that storm water be pre-treated 0 W through grassy Swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAI(ES AT CHERRY HANE NO. 10 / (PP -O 1-0 13) - 5 r ti r ' • •ti management system that i*s preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of .Idaho Catalog of Stonnwater Best Manaprenient Practirx.c For Idaho Cities and Cou7ities. Prepared by the Idaho Division of Environmental Quality, July 1997. Stoi7nwater Best Maiiageineiit Practices Guidebook. Prepared by City of Boise Public Worl<s Department, May 2000. Adapt the Ada County Highway District Recommendations as follows: lb. Construct Teter Street as a 37 -.Foot street section with curb, gutter and 5- It .0 foot wide concrete sidewalks within S0 -feet of right-of-way. 17. Construct Harbor Point Drive as a 37 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks within 504.,ofeet of right -of way. I8. Construct White Oak Way as a 3 7 -foot street section with curb, gutter and 5 -foot wide concrete sidewa11<,,s within 54 -.Feet of right-of-way. 19-a Construct a traffic island at the northwest coater of Teter Street axid White OakWay in theIurmlde to define the roadway., The traffic island shall be constructed a minimum of 4 -feet wide with a minimum area o -f 100 -square 4h feet and the street section around the traffic islands shall be a ininimuin of 29 -feet bacl<.4o-back. The design should be reviewed and approved by the ACHD Planning and Development staffb 2D. Utility street cuts in new pavement less than dive years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details,, 21d, 4n October 21, I998, the AC11D.- acted on Lake at Cherry Lane #8/MPP- The conditions and requirements also apply to MPPOI.013.. 22. Applicant shall comply with all of ACHD"s Standard Requi*rements listed in their letter dated May 30, 200I. Adopt the City of Merid4F ian Fire Department Rell::111111:) inn ienllda IL ions as foliolvVS: 23. May not park vehicles, trailers, or equipment in cul-de-sac. Adopt the Namna,&. Meridian Irrigation District Recommendations as follows: BINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMIN PLAT THE LADES AT CHERRY LANE NO,, 10 / (PPmo I -O 13) - 6 24. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained an si'te. If any surface drainage leaves the site, the Nampa Sz Meridian Irrigation Distri*ct shall review drainage plans., The developer shall comply with Idaho Code §3 1-3 8 05. S By action of the City Council at its regular meeting held on the 2� day of t.,fr74 , 2001. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED— ���c..� COUNCILWOMAN deWEERD VOTED— —��� COUNCILWOMAN McCANDLESS VOTED��-- MAYOR ROBERT D. CORRIE VOTED (TIE B RI..AICE R) i q i Copy servedthe Department and City A t {• •r RIM i f k '' FF y B 4Z t: -A -----� µ' t fa i t i- --- -- --- ..... .... City, Clerl i. r Fr ' ~ I 'Pwo-LAL PA Ta ti NT S40 P D C\VEZ\Wo r1 e ri d i a rt\N4eri d'i n 15 3 60 M\AS H FO RD NO. P PO 1 0 0 F� L.' f .JY f ,{ • # f3 i FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAKES AT CHERRY LANE NO. 10 / (PP -O 1-0 13) - 7 BEFORE THE CITY COUNCIL DF THE CITY OF MERIDIAN IN THE MATTER 4F THE REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFIIIICE/STORAGE FACILITY WITHIN THE 1 00 -YEAR FLOODPLAIN IN A I -L ZONE LOCATED AT 13$0 EAST COMMERCIAL AVE., ME..RIDIAN, IDAHO ROIBNETT CONSTRUCTION, INC4 APPLICANT C/C OS -08-01 Case No. CUP -0 1023 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN ING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council an August $, 2001, at the hour of 6:30 p.m.,, at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and oning Administrator, appeared anci testi fid, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and 0 FINDINGS OF FACT D CONCLUSIONS DF AND DE11�SZON .AND ORDER GRANTING CONDITIONAL USE PE (CUP -0 1 -023) 1 taken oral and written testimony, and having duly considered the matter, the City Council hereby snakes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT l.. A noticeRh of a public hearing on the conditional use permit was published dor two (2) consecutive we elcs prioRP rr to the s and public hewing scheduled .For August S, 200 1, the Czty Counei�, the .First PuUlzcatxon appearing and written notice having been mailed to property owners or purchasers of record within three hundred ;Feet (3 00') o f the external b o undari"es o f the pro -,D- erty under consi" derati"' on more than fifteen (� S) days prior to saki hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 8, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing seryices within the planning)urisdictzon of the City of Merzdzan, having been given Full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §6 7- 65 0 9, 6 5 I2, and Meridian City Code §§ ]. 1- J.5-5 and 11,1., 17 *M FINDINGS OF FACT .AND CONCLUSIONS OF LAW -vi_V I - _zr_g_ MV91_1 ol i ikk - 0XI I[W-AIL --- - "_i1WL a -W -W A F-ol, I— a F -j] I- Rj__X4 Wj_ - -I CONDITIONAL USE PERMIT (CUPMO 1 M023) 2 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 30 developments proposed request is n an I -L zone and by reason of of the Meridian City Code § 11I7-4, a public hearing was requithe provisions - red before the City Council on this application. Idaho. 4. 5. Boise, Idaho. 6. 7 V. The property zs located at 13$0 East Commercial Ave.,, Meridian., The owner of record of the subject property is High Bridge, LLC, of AppldF icant is Robnett Construction, Inc., of Eagle, Idaho. The subject property qk is currently zoned I�L. The zoning district of �-L is defined within the City of MerIP Rh idian Zoning and Development Ordinance, Section S. The proposed application requests a conditional use permit for the 0 constniction o f a 2I,00 0 -square -foot office/storage facility for I ligh Bridge, LLC. Storage and warehousIP IP ing are permitted uses in an 144,L zone according to the Schedule of Use Control (I i - 8- I ) . Although the proposed use is permitted within the I -L zone, a portion of the parcel and proposed building is located within the 1 00 -year floodplain as shown on the effective Flood Insurance Rate Map {FARM}. A1,1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GPJ NTING CONDITIONAL USE PERMIT (CUP -O 1-023) 3 T f 1 I .. .1 .1 development within the I.0 0 -year floodplain is regulated by Meridian City Code 1 1- 1 I. ( l.-9), the Floodplain Overlay District, and 10- 6. All development within the Floodplain overlay District.is required to obtain a Conditional Use Permit from the Council and Comm1b dF IP dP ission prior to beginning development (1 1.- 1 ].-2). The purpose of 'o the Floodplain Overlay District (FP) is to guide development in floodplain areas qk througi,lout the City of Meri6 dian, and to minimize the expense and inconveniences to the zndxv�dual property owners and the general public that inay occur during a flood.. Authorized uses in the FP shall not hinder the movement of floodwaters. The FP is superimposed over other zoning districts,, wherever a X00 -year floodplain exists (see ordinance J. 1. - I. ]. - I) . 9. The Merid1& ian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensi've Plan. 10. The subject property is located on the north side of E. Commercial Avenue , 3 0 0 feet west of the intersection of North Ralsti'n Street and Coinmercial Avenue iOn the Railsi*de Parlc Subdivision. It is generally located north of Franklin Road, approximately hlfa�vay between E. 5` ' ' S treeti and N IP Baltic Place. The lot is currently zoned -L. 110 The surroundRh ing uses are as follows: North: Lot owned b y Artco, LLC, zoned I -L. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP -01-023) 4 South: D&,J Auto Transport East: Plumber"s Union Building West,: Vacant ground previously, ap.proved as multlpie-use development 1<ipiowipi as Pine Center PUD. J.2. The use proposed within the subject application will in fact, constitute a 1& conditional use as determined by Cioty Ordinance. I3. The Meridian City Council talc, --es judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles I I and 12, Meridian City Code and all current zoning maps thereof and the ComprehensRh ive Pian of the City of Meridian., and Maps and the Ordinance establishing the Impact Area Boundary. 14,h Gloving due consideration to the comment received from the governmental subdivisions providing seryices in the City of Meridian planning Jurisdiction public facilities and services required by the proposed development will not zmpose expense upon the public i.F the following conditions of development are imposed and the following 0 is also found to Ue required to mitigate the effects of the IP IP Rh proposed use and development upon services delivered by political subdivisions providing s eryices to the subj*ect real prop erty mnothin the pla�-�ning jurisdiction of the City of Me0 ridian subject to the fallowing: FINDINGS OF FACT .AND CONCLUSIONS OF LAW � X76 "JIL CONDITIONAL USEPE) III (CUP -01-023) 5 Adopt follows: the Recommendations of Planning and Zoning and Engineering staff as 1. The sewer and water systems shall be flood -proofed and approved by the District Health Dept. of the Department of Health and Welfare as per Ordinance 1 Im I l -3.A. 1. An envneer shall certify that the flood -proofing requirement has been fulfilled as per Ordinance X X - 11 -3.A. 3. 2,P. Ordinance l I - 1. 7. -3.A. 2 requires that no structure shall b e erected unless IP IP the lowest finished floor 14S placed a minimum of one foot above the Base Flood. Elevation (BFE) of the 1 00 -year floodplain,. The BFE for the subject parcel is 2603.5 feet above sea level. The finished floor elevation of the proposed buildimng shall be at least 2604.5 ft. above sea level as depicted on the submitted plans., The applicant shall submit an Elevation Certificate prior to occupancy in order to verify that the lowest fi"tnished floor elevation of the structure meets this requirement. 3.6 Materials that are buoyant, flammable, noxious, tonic or otherwise P otentially injxzous i£ trans p orted by floodwaters are prohibited as per Ordinance I I - 1 I -5. Storage of any materials or equipment clot having these characteristics is permissible only I"f they have low damage potential and are anchored or are readily removable from the area. dF 4F 4. Conditions that may be required by the Commission [and Council] per Ordinance 116,11 -4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: a. Limitations on periods of use and operation; b. Imposition of deed restrictions; C-0 Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood hel'bghts during the recurrence of the .1 00 -year flood discharge; d -M Requirement for construction of channel modifications, dikes, levees and other protective measures; e. Placement of survey benchmarks; and f. Additional flood -proofing measures. 5. According to Ordinance 1 1- I 1- 6, the evaluation of the effect of the proposed use causing an increase in flood heights is eased not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING C4NDITIONAL USE PERMIT (CUP -O 1-023) 6 develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments shall be considered by the 6. Commission and Council in malting any decision. G. All signage is subject to design review and requires separate permits. No Freestanding signs are proposed with this application and none are approved. 7. Dimensions of all parking stalls shall conform to minimum di"mensions as 'o per City Ordinance. City Ordinance requires 9'X 19' standard stalls and 25 -foot -wide minimum driveways, not 9'x I.8' stalls as depicted on the site Plan,, S. The ADA requires 2 accessible parl<ing spaces when there is between 25 and 50 provided parking stalls. An additional accessible handicap -accessible Rh stall shall be incorporated into the site design., Additionally, the handicap ramp cannot be located within the access aisle as depicted an the site plan and shall be located within the sidewalk area. The handicap parking spices shall have signage per ADA standards. 9. The six(6) parking stalls designated as "small cars" parking along the .6 eastern edge of the property comprise 20% of the proposed Parldng for this site. All Parldng for this use shall be standard size. 10.6 The applicant shall submi'rt a detailed site/landscape plan that conforms with the Landscape Ordinance and parking requirements when applying for IP a Certificate of Zoning Compliance. The tyke, size and location of the proposed trees and shrubs shall be included on the landscape plan as well as a detailed irrigation flan as required by the Landscape Ordinance. 11. All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A emporary Certificate of Occupancy may be obtained by providing surety -to the City in the form of a letter of credi*t or cash in the amount of 110% of the cost of the required improvements (including having, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. 12. Assessments For sewer and water service are to be determined during the building permit application process. 13. The proposed site flan does not include a trash enclosure. A dumpster 10 shall be provided and shall be enclosed on three sides as per Section 11-I2- 1 C. FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND DECSION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP -01-023) 7 14. Offstreet pshall be provided i*n accordance with Section 11- 13 of qk the City of meridian Zoning and Development Ordinance and/ax as detailed in site-specific requirements. ].5. Paving and striping shall be 1"n accordance with the standards set forth .9 in Sections I 1- 1 3-4.D. and ] ]- 13-4.E, of the City of Meridian Zoning and IP Development Ordinance and in accordance with Americans with 4' Disabilities Act (ADA) requirements. I6. A drainage plan designed by a State of Idaho licensed architect or engineer zs required and shall be submitted to the City Engineer per City Ordinance I I - 13,,* 4. B. 4 for all off -d street p arlczng are as. All site drainage $1 Rh shall be contained and disposed of on**site. 1.7. Outside lighting shall be designed and placed so as to not direct Of illumination onto any nearby residential areas and in accordance with City IP Ordinance Section 11 - I 3-41C% 18. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9- I-4 and 94.,4.8. Wells may be used for non-domestic purposes such as landscape d, irrigation. I9. All irrigation ditches, laterals or canals, exclusive of natural waterways., intersecting, crossing or Tying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Flails shall need to be approved by the appropriate irrigatiar�/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worl<,-s Department. 20. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section I I - 1 1. C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval From SSC to the Planning &.Zoning Department when applying foz a Certz�xcate of Zoning Compliance. 2I. Provide fiive**Propfoot-wide sidewal1c..,s in accordance vath City 0,,Irdnnance Section ].2-5-2.K. RECOMMENDATION TO CITY COUNCIL � 8 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A 4FFZCE/STORAGE FACILITY WYTHTN THE 100 -YEAR FLOODP LAIN 22. All signage shall be ireaccordance with the standards set forth in Section 11 gel 4 of the City Zon i*ng and ]Development Ordinance. 23. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: I'P- Applicant to comply with ACHD's letter dated June 12, 2and along 1h with the April 10, ].996 conditions and requirements of Railside Industrial Park. Adopt the Recommendations of the Meridian Fire Department as follows: J.. All Codes zegarding fire hydrants, water fire clow and sprinkler systems shall be met,. Adapt the Recommendations of the Central District Health Department as follows: 1.6 Run-off is not to create a mosquito breeding problem. 2. Storinwater Criteria. It is recommended that storm water be pre-treated. through grassy swale prior to di scharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current lest dP management practices For storm water disposal and design a stone water management system that is preventing groundwater and surface water IP degradation. Manuals that could be used for guidance are: State of .Idaho Catalog of StO77)VIvater Best Manctgenzent Practices For..,,..aJ'1'io'Cities and Counties. Prepared by the Idaho Di vision of Envd' ironmental Quality, July 1997. Stoj7nwateiff Best Manageiiient Practices Guidebook. Prepared by City of Boise Public Worl<,-Fs Department, May 2000. Adopt the Recommendations of the Nampa Meridian irrigation D1*stri*ct as follows: I. All stormdrainage shall be retained on site, zf any water leaves the site a RECOMMENDATION TO CITY COUNCIL - 9 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 1 00 -YEAR FLOODPLAIN Y7f, .ti . k • r k Land Use Change application and discharge agreement shall be i'on place before construction can begin. J.5. The proposed uses within the subject application will be harmonious with and in accordance with the MerW & idian Comprehensive Plan and the City of Me0 41 ridian Zoning and Development Ordinance because: 15.1 TI -ie subject property is desigiptated on the "Generalized Lancs Use Mai" as " Existing Urban"., 1640 The uses proposed within the subjet application subject to the conditions herein ordered will be designed, constructed, operated and mai"ntained to be harmonious and appropriate xn appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area.. 17. The uses proposed w.6 IP .9 % ithin the subject application will not be hazardous or disturbing to existing or future neighboring uses.. 18.0 The uses proposed within the subject application will be served 16 adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 19. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise., smol<.e, fumes, glare or odors,, 20. The development will not result in the destruction., Toss or damage of RECOMMENDATION TO CITY COUNCIL - 10 REQUEST FOR. CONDITIONAL USE PERMIT FOR CONS RUC ION OF A OFFICE/STORAGE FACILITY WITHIN THE 1 00 -YEAR FLOODPLAIN IP natural or scenic Feature of major It relating to the property. CONCLUSIONS OF LAW 1. The City of MerIf idian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the " Act" codified at Chapter 65., Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the dowers required and authorized under the "Act" except the power to adopt ordinances by the establishi-nent of a Planni"ng and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has 0 established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and X11, Chapter I, Meridian City Cade. 3,h As part of a zoning ordinance the City Council can, subject to hearing 4h 4h and notice provision required, provide for the process of speci'al and/or conditional use permits which a proposed use is otherwise prohibited by the Cerins of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done iOn the adoption of its zoning ordinances,. 4,P The City Council has the duty and responsiubility to review the Facts and circumstances of each application for special use permit to determIt ine prior to RP % granting the swine that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § I 1- I 7- 3) RECOMMENDATION TO CITY COUNCIL - I I REQUEST FOR CONDITIONAL USE PERMIT FOR CONST -"RUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE I 40 -YEAR FLOODPLAIN a. Will, in fact, constitute a conditional use as determined by City policy; b,h Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and ap}�rapriate zz� appearance with the existing ox intended character of the general vicinity and that such use will not change the essential character of the same .area; d. Will not be hazardous or disturbing to existing or future neighbboring usesm eo Will be served adequately by essential public facilities and services SUCI-1 as highways, streets, police and fire protection, drainage structures, refuse disposal, water., sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; F. Will not create excessive additional requiements at public cost for PUblic facilities and services and will not be detrimental to the economic welfare of the community* g. Will not involve uses, activities, processes,, materials, equipment and Rph conditions of operation that will be detrimental to any persons, property or the general welfare b yreason of excessive production of+ traffic, noise, smoke, fumes, glare or odors; h. Will not result i"'n the destruction, loss or damage of a natural or scenic feature of major unportance. S. Prior41 to granting a conditional use permit in the Light Industrial District (I -L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of xecord within three hundred feet (300') of the external boundaries of the hand under consideration for the conditional use IP p er�nit X11 iln accordance with the provnsons of Meri .6 dan City Code § J. J.- 1.7-5 City of Meridian Zoning and Development Ordinance, which provides as follows: RECOMMENDATION T4 CITY COUNCIL - 12 REQUEST FOR. CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFI!IICE/111TORAGE FACILITY WITHIN THE 1.00 -YEAR FLOODPLAIN z "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 1.5 of this Title. Provided, however, that conditional use applications for land in old Town and in industrial and commercial districts dP shall only be requited to have one public hearing which shall be held before 9. the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without 1h a public hearing and the Council may approve, deny, or modify the 9 recommendation of the Commission. 33 6. Following the public hearing and within 45 days after the conclusion of dP the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. TI -ie Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City code § 1 I-].7-6) 7. When the City Council approves a conditional use periialt i*,t may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duratimon of development; D. Assure that the development is mai'n'tained property; E. Desiplate the exact. location and nature of the development; '0 F.Require the provision For on-site public facilities or services; and RECOMMENDATION TO CITY COUNCIL - 13 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACIT ITY WYTHIN THE 100-LOODP LA,ZN G. Require more restrictive standards than those generally required, in this Ordinance. $. The City of Meridqk ian has, by ordinance, established the Impact Area IL and the Comprehensive Plan of the City of Meridian, which was adopted December 2I, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDI IONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE .ABOVE .AND FOREGOING FINDINGS OF FACT .AND CONCLUSIONS 4F LAW, the City Council does hereby ORDER and this does Order that: I * That the above named applicant is granted a conditional use hermit For the construction of a 21Y000 -square -foot oFfice/storage facilqk ity for High Bridge, LLC.. in an 1,,4L zone located at 1380 East Commercial Ave., Meridian, ld,aho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and. Engineering staff as follows: I. The sewer and water s ystems shall be flood -proofed and approved by the District Health Dept. of the Department of I lealth and Welfare as per Ordinance-3.Aw 1 0 )%n engineer shall certify that file flood -proofing requirement has been fulfilled as per Ordinance 1 7- 1 1-3.A. 3. 2.6 Ordinance 1 1- 11-3.A. 2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of one foot above the Base Flood Elevation (B FE) of the 10 0 -year floodplain. The B FE for the sublct parcel is 2603.5 feet above sea level., The finished floor elevation of the RECOMMENDATION TO CITY COUNCIL - 14 REQUEST FOR CONDITIONAL USE PERMYT FOR CONSTRUCTION OF A OFFICE/STORAGE FACZL�TY WITHIN THE 104 -YEAR FLOODP N proposed building shall be at least 2604.5 ft. above sea level as depicted on the submitted plans., The applicant shall submit an Elevation Certificate M.prion to occupancy in order to verify that the lowest finni"shed floor elevation of the structure meets this requirement. 3.0 Materials that are buoyant, flammable, noxious, tonic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 1 1- I 1,w5. Storage of any materials or equipment not having these characteristics is permissible only if they have how damage potential and are anchored or are readily removable from the area. ID 4 4. Conditions that maybe required by the Commission [and- Council] per Ordinance I 1. 1in approving structures in a Floodplain Overlay Zone throughthe Conditional Use Process include: a. Limitations on periods of use and operati"'on; U. Imposition of deed restrictions; c. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100 -year flood discharge; d. Requi&rement for construction of channel modifications, dikes, levees and other protective measuresb e. Placement of survey benchmarks 4, and f-0 Additi*onal flood -proofing measures. S. According to Ordinance 1 1- 11-6, the evaluation of the effect of the proposed use causing an increase in flood heights i*s based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equi"valent extent wi*thian the floodplain. Therefore, the It cumulative effects of all such encroachments shall be considered by the & qk Commission and Council in malcing any decision. 6. All signage ins subject to desi"911 review and requires separate permits. No freestanding signs are proposed with this application and none are approved. 7. Dim0 ensions of all parking stalls shall conform to minimumidmensions as per City Ordinance. City Ordinance requires 9' X I9' standard stalls and 25-foot,,1-wiqPde ininzxnuzn driveways, not 0 9'x 1 S' stalls as depicted on the site Plan,, $. The ADA requires 2 accessible parl<ing spaces when there is between 25 and SO provided parking stalls. An additional accessible handicap -accessible RECOMMENDATION TO CITY COUNCIL - 15 REQUEST FOR CONDI IONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITI IIN THE ]. 00 -YEAR FLOODPI I N stall shill be incorporated into the site design. Additionally, the handicap ramp cannot be located within the access aisle as depicted on the site flan and shall be located within the sidewalk area. The handicap parking spaces shall have signage per ADA standards. 9. The six {6) parking stalls desgnated ias " small cars" parldng along the eastern edge of the property comprise 20°/a of the proposed parking for this site.. ,All parl<ing .for this use shall be standard size. 10. The applicant shall subiTii'ot a detailed site/landscape plan that conforms W�fth the Landscape Ordinance and parl<ing requirements when applyzng for 6. a Certificate of Zoning ComP 1,P iance,, The type., size and location of the proposed trees and shrubs shall be included on the landscape plan as well as a detailed irrigation flan as required by the Landscape Ordinance.. 1 I . All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained b y providing surety to the City iOn'the form of a letter of credit or cash in the amount of 110% of the cost of the required i4mprovements (i,,ncluding paving, striping, landscaping., and 1& irrigation). A bid shall accompany any request .For emP Occupancy. 12. Assessments for sewer and water service are to be deteri-nined during the building permit application process. 13. The proposed site plan does not include a trash enclosure. A dumpster shall be provided and shall be enclosed on three sides as per Section 1 I - 12- 1 co 14,P Off*-tstreet parking shall b e provided in accordance with Section 11- 13 of the City of merid,ian Zoning and Development Ordinance and/or as detailed in site-specific requirements., 15. Paving and striping shall be i*n accordance with the standards set forth in Sections i 1 -I3 -4.D. and 1 I -1 3-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with,Americans with DI'sabilities Act (ADA) requirements. 16, A drainage plan designed by a State of Idaho licensed archi*tect or engineer is requ.6 ired and shall be submitted to the City Engineer per City Ordinance I I -13-4. B. 4 for all off,IIIIIIIIIIII, street p arking areas. All site drainage shall be contained and disposed of on-site. I7. Outside lighting shall be designed and placed so as to not direct RECOMMENDATION TO CITY COUNCIL - 16 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WZTHxN THE I 04 -YEAR FLOODP LAIN Ip illumination onto any nearby residential areas and in accordance with City IP Ordinance Section 11 - 13 -4 .0 C 184 Any existing domestic wells and/or septic systems within this project shall be removed .from their domestic seryice per City Ordinance Sections 9- i-4 and 9-4-$. Wells maybe used for nonwdomestl'cUprposes such as landscape irrigation. 1.9. All irri"gation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance ].2-4-].3. Plans shall need to be approved by the appropriate irngation/drrainage district, or lateral users association, with written confirmiaton of said approval submitted to the Public Works Department,. 20. .All trash and/or garbage collection areas shall be enclosed an at least three If (3) sides in accordance with City Ordinance Section l I woo 12 &* 1 4 C Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and providea letter of approval from SSC to the Planning � Zoning Department when applying for a Certificate of Zoning Compliance,. 2I. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.7<. 22. All signageIP shall be in accordance with the standards set forth in Section I 1- 14 of the City Zoning and Development Ordinance., 23. A11 construction shall conflorm to the requirements of the Americans with Disabilities Act. Adopt the RecommendatIp ions of the Ada County I lighway Distri*ct as Follows: 1. Appl6. icant to comply with ACHD J S letter dated June I2, 2001 and along with the April 10, 1996 conditions and requirements of Railside industrial Park. Adopt the Recommendations of the Meridian Fire Department as follows: Cos regarding :Eire hydrants, water dire flow and s�ridnlcler systems shall be met. REQUEST FOR CONDITX4NAL USE PERMIT FOR CONSTRUCTION 01P A OFFICE/STORAGE FACILITY WITHIN THE L 00 -YEAR FLOODPLAIN Adopt the Recommendations of the Central District Health Department as follows: 16. Run-off is not to create a mosquito breeding problem., 2. StoriTiwater CrdP iteria: It is recommended that storm water be pre-treated IP IP through grassy Swale pnor to discharge to the subsur-face to prevent impact to ground water and surface water duality. The engineers and architects involved with the design o,f this project shall obtain cur -rent best management practices for storm water di 6 sposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used For guidance are: State of Idaho Cagialoof Stot7nwater Best Maiiatrenient Practices For Idaho Cities and Counties. Prepared by the Idaho Division of EnvironmentalQua1ity, July 1997,. Storinwater Best .Management Practices Guidebook. Prepared by City of Boise Public Worl(,-s Department, May 2000. Adopt the Recommendations of the Nampa & Mendian Irrigation District as follows: 7 . .A11 storm drainage shall be retained on site, if any water leaves the site a Land Use Change application and discharge agreement shall be in place before construction can bega4n. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 1 1-I 7-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condi tion of approval of the application for a conditional use permit. 4,- That the City Attorney draft an Order Granting Conditional Use Permit iqk n accordance with this Decision, which shall be signed by the Mayor and City Clerlic RECOMMENDATION TO C11 V COUNCIL - 18 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE l 04 -YEAR FLOODPLAIN and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property -vvhich may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (2 8) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. B y action of the City Council at its regular meeting held on the day of � 74, 2 001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED CAR"' �/ ... . .. ... . .. 04 COUNCILMAN lal H SURD VOTED_ L/ J& COUNCILWOMAN TAM- MY deWEERD VO ED COUNCILWOMAN CHERIE McCANDLESS VOTED- NIAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED.. RECOMMENDATION TO CITY COUNCIL - 19 RE OUEST FOR CONDITIONAI I TSE PERMIT FOR CONSTRUCTION OF A OFFII Ll WITHIN THE 100m LOODP LAIN MOTION: APPROVEU29i. DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. ' -0 Olt...� ,` LF f f ti ti JL{; . jF {. % MER 4ILr 16 elbow e2 B Dat d& City Clerl<.. 14T Gov +j41{ r 4 '• %)-h� f �rtr * -L!�6 \\NPA. NTS40 PDaSE Wa eflffli�,5360 Igil rAl e Offi CUPO 1,,023\FfCl s CUP 0 1- 0 2 3. do ammm iii „Raw � t F RECOMMENDATION TO CI'TY COUNCIL - 20 REQUEST FOR CONDITIONAL USE PERMIT FOR CONS RUC ION OF A OFFICE/STORAGE FACILITY WITHIN THE I OOmYEAR FLOODPLAIN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDI IONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE I 00,*YEAR FLOODPLAIN INA ImL ZONE LOCATED AT 1380 EAST RC�AL AVE., MERIDIAN, IDAHODAI(OTA COMPANY., INC. ROBNETT CONSTRUCTION, INC* APPLICANT ) C/C 08)/08/01. Case No. CUP -0 X -023 ORDER GRANTING CONDITIONAL USE PERMIT I . This matter coining before the City Council on the Sth day of August, 2 Q 0 1, under the provisiolls of Meridian City Code § I 1 - i7-4 torr final action an conditional use Iermit app lication and the Council having received and ap�raving the commendation of the Planning and Zoning Commission the Council takes the £ollowzng action: 2. That the above named applicant is granted a conditional use permit dor the construction of a 2I,4Q0-sc�ua;r�-foot office,storage facility for High B ridge, C. ORDER CONDI 10 SE PERMIT OFFICE/STORAGE FACILI'I`YBY ROBNETT C UP -OI -023 in an I -L zone located at 1380 East Commercial Ave., Meridian, Idaho, subject to the Following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Enpneering staff as follows: I.. The sewer and water systems shall be flood -proofed and approved by the District Health Dept. of the Department of Health and Welfare as per Ordinance 1 X - ] I. -3.A. 1. An engineer shall certify .hat the flood -proofing requirement has b een fulfilled as per Ordinance 1 I- 1 I 4.43.A. 3. 2. Ordinance J. ]. - 1 1-3 .A.2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of one foot above the Base Flood Elevation (BFE) of the 1 00 -year floodplain. The BFE for the subject parcel is 2&03.5 feet above sea level. The finished floor elevation of the proposed building shall be at least 2604.5 ft. above sea level as depicted on the submitted plans. The applicant shall submit an Elevati'on Certificate prior to occupancy in order to vexz�y that the lowest finished floor 6. elevation of the structure meets this requireinent. 3. Materials that are buoyant, flaminable, noxious', toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance l 1.- ]. ].-5. Storage of any materials or equipment not having these characteristics is permissible only iOf they have low damage potential and are anchored or are readil Y, removable From the area. 4. Conditions that inay be required by the Commission [and Councils per Ordinance 1 1- 11 -4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: amitations on periods of use and operation; b. Imposition of deed restrictions; C, Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100 -year flood discharge, d. Requirement for constniction of channel modifications, dikes, levees and other protecti4ve measures; e,. Placement of survey benchmarks; and f-6 Additionalflood-proofing measures. 5-o According to Ordinance 11- i l - &, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just an the effect of the single use acting alone, but upon. the reasonable assumption ORDER CONDITIONAL USE PERMIT OFFICE/STORAGE FACILITY BY ROBNETT CONSTRUCTION /CUP-OI. 02 3 - 2 f ti f f f ti ti ti that other landomniers within the floodplain may need to be allowed to develop to an equiequivalentextent within the floodplain.. Therefore, the cumulative effects of all such encroachments shall be considered b y the 1P Commission and Council in malting any decision. 6. All signage is subject to design review and requiwres separate permits. NoIt - freestanding signs are proposed with this application and none are approved. 7. IP Dimensions of all parl<ing stalls shall conform to minimum dimensions as per City Ordinance. City Ordinance requi,` re s 9' X J.9' standard stalls and 25 -foot -wide nunimum driveways, not 9' x 18' stalls as depicted on the site Plan,,. 8. The ADA requires 2 accessible parldng spaces when there is between 25 and 50 provided parking stasis. An additional accessible handicap -accessible stall shall be incorporated into the site design. Additionally, the handicap ramp cannot be located within the access aisle as depicted on the site plan and shall be located within the sidewalk area. TI -ie handicap parl<ing spaces shall have signage per ADA standards. 9. The six (6) parking stalls designated as "small cars" parking along the eastern edge of the property comprise 20% of the proposed parking for this site. All Parldng for this use shall be standard size. Y0. The applicant shall submit a detailed site/landscape pian that conforms with the Landscape Ordinance and parking requirements when appl)qn4ior a Certificate of Zoning Compliance. The type, size and location of the proposed trees and shrubs shall be included on the landscape flan as well as a detailed irrigation plan as required by the Landscape Ordinance. X 1 _ All required improvements shall be complete prior to obtaining a Certificate of Occupani������y. A Tempo �azy Certificate of Occupancy may b e obtai'ned by providing surety to the City in the form of a letters of credit or cash in the amount of 110% of the cost of the required improvements (including pa)nng, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy,, 12. Assessments for sewer and water service are to be determined durRh ing the I& building permit application process.. 13. The proposed site plan does not include a trash enclosure. A dumpster shall be provided and shall be enclosed on three sides as per Section 7 I- 12- 1 C. OFFICE/STORAGE FACILXTY BY ROBNETT CONSTRUCTION /CUP -O 1-02 3 14. Off-street parking shall b e p rovi* ded in accordance with S ectio n 1 1- 13 o f the Citymeridian Zoning and Development Ordinance and/ax as detailed in site-specific requirements.. 15. Paving and striping shall be in accordance with the standards set forth in Sections 11 W 13 -4 0 D and I. ].- 1.3-4. E. of the City of Meridian Zoning and Development Ordinance and in accordance with Ai-nericans with Disabilities Act (ADA) requirements. 16. A drainage plan designed b y a State of Idaho licensed architect or d' engineer is required and shall be submitted to the City Engineer per City .6 Ordinance 1 I- . X3 -4 B. 4 for all off-�Street parldng areas. All site drainage shall be contained and di sposed of on-site,. 176. Outside lighting shall be designed and placed so as to not direct imiillunation onto any nearby resdential areas and in accordance with City Ordinance Section 1 1- X3 -4. C. 18. Any emsting domestic wells and/or septic systems within th is project shall b e removed from their domestic s ervIP ice per City 0rdxnance Sections 9- 1-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. 19. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12*&4mt 13. Plans shall need to be approved by 0 the appropriate irrcigation/drainage district, or lateral users associatiozl, nth IP written confirmation of said approval submitted to the Public Warks Department. 20. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides �n accordance with City Ordinance Section i 1- I2 - 1. C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning SL Zoning Department when applyi.zlg for a Certificate of Zoning Cornpliance. 21Provide fjive-foot-wide sidewalksin accordance with City Ordinance Section 12a45-2SK0 RECOMMENDATION TO CITY COUNCIL - 4 REOIJEST.F.OR CONDITIONAL I SE PERMIT FOR CONSTRUCTION OF A OFFICE/STORA.GE FACILITY WITHIN THE I00 -YEAR FLOODP LAIN 22. Aii signage shall be in accordance with the standards set forth 'in Section 1 l - I4 of the City Zoning and Development Ordinance. 23. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: I . Applicant to comply with ACHD j s letter dated June 12, 200]. and along with the Aril ] 0, I.996 conditions and requirements of Railsi*de industrial Park. Adopt the Recommendations of the Meridian Fire Department as follows: I. All Codes regarding fire hydrants, water fire flow and sprinkler systems shall be met. Adopt the Recommendations of the Central District Health Department as follows: 1. Run-off is not to create, a mosquito breeding problem. 2. Stormwater Criteria: It is recommended that storm water be pre-treated through grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects 1b involved with the design of this project shall obtain current best management practices for storin water disposal and design a storm water management system that is preventing groundwater and surface water degradation,,, Manuals that could be used for guidance are: State of Idaho Catalog of Stonnwater Best Managenient Practices For .Idaho Cities and Counties,. Prepared by the Idaho Division of Environmentaluality,QJuly J.997. Stoi7iiwater Best Management Practices Guiagementdebook. Prepared by City of Boise Public Worl<,S Department, May 2004. Adopt the Recommendations of the Nampa &.Meridian Irrigation District as follows: I d, All storm drainage shall be retained on site, it any water leaves the site a RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR CONDITIONAL iEJSE PERMIT FOR C�NSTRUCT�ON OF A OFFICE/STORAGE ACILI WTTHTN OOMW LOODP LAIN Land Use Change application before construction can begin. and discharge agreement shall be in place 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application ,for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable 0 without complying with the provisions of Meridian City Code § 1 1- 17-8, a copy of Rh which is attached to this permit. day of By action of the City Council at its regular meeting held on the ,, 2001. 2 rp Roll. ert I?. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerict, 7 Dated: VNPA NTS40Z\Wor1r,\M\Mefid1an\Meridian 15360M\High Bridge Office CUPO 1-023\OrderCUPO 1 w023 doc MAI& RECOMMENDATION TO CITY COUNCIL � 6 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A GE FACILI FY WITHIN THE 1. 00 -YEAR FLOODPLAIN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN TN THE MATTER OF THE REQUEST ]FOR CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A NEW RECREATIONAL VEHICLE SALE LOT IN A lmhL ZONE LOCATED ON THE NORTHEAST CORNER OF S. CINDER AND E . OVERLAND ROAD, MERIDIAN, IDAHO GARY BODILY, APPLICANT C/C 08-08-01 Case No. CUP -01-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISIQN .AND ORDER GRANTING CONDI IONAL USE PERMIT The above entitled condqk itional use permit application having come before the City Council on August 8, 200]., at the hour of 6:3Q p.m,,,, at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari* Stiles, Planning and Zon6. Rh 110 ing Administrator, and Gary Smith, Public Works Directors, both appeared and testified, and appearing ani testifying on behalf of the Applicant was .Anna Powell, and no one appeared in opposition, and the City Council having duly considered the evidence and the record int his mthe commendati*ons to City Council F�NDxNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP -41-020) 1 f•. f ti •f d, dF issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and laving duly considered the matter, the City Council hereby maldces the following Findings of Fact., ConclusdP ions of Law and Decisiail and Order to-�vit: FINDINGS OF FACT 1. A notice of a public hearing on the condi*tional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August S, 2 0 01, Uefore the City Council, the first Pu lication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet {300') of the external boundaries of the property under consideration more than fifteen (15) days prior to sand hearing and vn4t t1A the notice of public hearing having been posted upon the property under consideration more than one week before said hea0 qk ring and the copies of all notices were made available to newspaper, radio and television stations as public sem"ce announcements; and the matter having been duly considered by the City Counc1*1 at the August S, 200 I , public hearing; and the applicant, affected property owners, and government subdivisions Providing services Withiwithinthe planning j uisdiction of the City of Merzdian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP -OI -020) 2 1b forth in Idaho Code §6 7-b509, &5 12, and Meridian City Code §§ 1 1- I 5-5 and 1 1.- 1 7- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I -L zone and by reason of .6 qk the provisions o f the Meridian City Code § I 1- I7- 4, a public hearing was required before the City Council on this application. 4. The property is located on the northeast corner of S. Linder and E. Overland Road, Meridian, Idaho.. 5. The owner of record of the subject property is Gary Bodily of 203 SE 1St Street, Me0 ridian, Idaho., b. Applicant is the owner of record. 7. The subject property is currently zoned I.L. The zoning district of I -L is 0 defRP V 6. ined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use hermit For the establishment of a new recreational vehicle sale lot. Anew 2, 500 -square -foot sales building is the only buziding proposed to be bunt at this tune. Tn the future, the applicant would Ince to build additional buildings for display and maintenance purposes.. FINDINGS OF FACT AND CONCLUSIONS OF ]LAW AND DECISION AND ORDER GRAN -TING CONDZTZONAL USE PERMIT (CUP -4 1-420) 3 The subject property was formerly used for production of concrete products and some gravel extraction and i*s currently undeveloped. Action will be taken by the applicant to reclaiin the land and minimize the scarring that was deft behind during . and after the excavation of gravel on the proposed site. The property does not have water or sewer services available on site, and the property will not be able to connect to City sewer at this tine. A water line will need to be extended west on Overland to service the property. The applicant has proposed using a septic system for sewage disposal until such time that sewer services become available at this location. The Hardin Drain runs east to west across,the width of the front half of the parcel. The applicant intends to leave the waterway uncovered at the request o:F the Nampa &.Meridian Irrigation District. 9. The Meridian City Council recognizes that the property is located in an area designated as Existing Urbani"I"l the Comprehensive Pian Land Use Mai. Sales lots are listed as a commercial use in the zoning ordinance, and are conditionally allowed in an industrial district. I.O. The subject property is located on the north side of Overland Road immediately east of Linder Road. Zt is I5. 9 5 acres in area and is currently, iAqthin the corporate liMeridian.mits of the City o� The property iqs zoned Light Industrial (I -L) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP -0 Y 020) 4 and has access from Overland Road. The freeway 10S north of the subj'ect property. The area immediately east of the subject property is developed with 1b 0 Rh industnal/commercial uses (zoned I -L). The property to the souih and west is within Unincorporated Ada County and is developed with large residential Rots and farm ground (zoned Ruralftw*Urban Transitional). 1.1. The surrounding uses are as follows,,, North -41., 1-84. South: Large residential lots and agricultural land, zoned RUT (Cou'liYt). East: Undeveloped land, zoned I -L. West: Large residential lots and agricultural lana, zoned RUT (County). ].2. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. I.3. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles ]. 1 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION .AND ORDER GRANTING CONDITIUNAL USE PERMIT (CUP 0 I -020) 5 v �• . x .r• .r• .r r h 14. Giving due consideration to the comment received from the governmental subdivisions prolv�viding seryices in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not illipose expense upon the public if the following conditions of development are imposed and the following is also found. to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning 41 jurisdiction of the City of Meridian subject to the followingp0 Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. Landscaping shall be installed as submitted on the site plan. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 2.6 Within one year of completion of construction of Linder Road Extension, a landscape buffer shall be installed along the full length of the western proper 11111111,,,y boundary line., The buffer shall fully comply with the adopted Landscape Ordinance. 3. The proposed gravel parking lots in the northeast and northwest corners of the property shall be hard -surfaced with asphalt in accordance with Meridian City Code. 4. There shall be no access to the property off of Linder Road at this time. Future development of the southern portion of the lot that shall require access to Linder Road shall only be �erinitted through the conditional use permit process. 5,M The Hardin Drain shall remain uncovered per NMID's request. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-020) 6 6. All parking and areas of ci'ffirculation shall be If with a hard surface IP V in accordance with Meridian City Code 1 1- 13-4.D, and shall be installed 6. and striped. in accordance with the submitted site plan and Ordinance 11- 13-4.F. 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be dawn -shielded or otherwise altered so that the light does not spill over onto adjacent properties ar right-of-way. All parl�ing lot l ighting shall be in accordance with Ordinance 1 1-13-4C. S. All signage shall be ii1 accordance Vn*th the standards set forth in Section 11- J.4 0f the City Zoning and Development Ordinance. No s i*gns were requested under subject application and none are approved. All signage is subjoect to design review and shall require separate hermits. Temporary or portable signs shall be prohibi*ted, and shall be removed upon 3 days notice to the applicant. 9.0 All construction and site 'improvements shall confori-n to the requi"' rements of the Au-nen*cans with Disabilities Act. 10. A drainage plan designed b Y a State of Idaho licensed architect or envneer is required and shall be subiui'tted to tl-ie City Engineer (Ord. 557, 7 0- 1-9 I) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality J.997 publication Catalog of Stoniz Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Of�site disposal i�lta a surface water is prohibited unless the jurisdiction which has authority over the receiving strewn provides written autilorizatiox� prior to development plan approval. The applicant is res-ponsible for Filing all .6 necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight -obscuring fence at least :Four feet in height If accordance with Ordinance I. I. - 12- I. C. Coordinate location and construction requirements with Sanitary Semces, Inc. 12. Certificate of Occupancy: All required improvements shall be complete prior to obtai"ning a Certificate of occupancy dor the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City iOn the form of a letter of credit or cash in the amount of 1 10% of the cast of the required improvements (including FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION .AND ORDER GRANTING CONDI 10 SE PE (CUP -01-020) 7 paving, striping, landscaping., and irn"gation). Abid shall accompany any request dor temporary occupancy,, Any temporary occupancy shall not exceed 60 days to comp lete the required improvements. I3. As part of a conditional use permit, the City of Mendian0 may impose additional restrictions/conditions. 14 Applicant shall provide a Permmient 20 -foot wide easement corridor for the qk 1P operation and maintenance of the future eight -inch -diameter sanitary sewer main along the nornth boundary of the subject parcel., Once the ftiture sewer reaches the west boundary of the subject parcel, the applicant shall have six months to install the sewer across his parcel to the easement boundaIry line. The applicant shall also discontinue use of the temporary septic system and make physical connection to the new main. The septic system shall be decommissioned per the standards of the Central District Health Department. Applicant shall be subject to a Trunk Line Expii,��1111111nsion Fee of $1,500.00 per equivalent residential unit, due and payaUle at the time of building permit issua��ce. It i s advisable that the applicantinstall a dry Iine sewer service at minimum depth and grade from the temporary septic d' system to the future main location to ease the conversion,, 1S. Recent hydraulic modeling for the domestic watersystem indicates that, while the current total supply inn the zone can meet this increase in domestic demand, it is unable to meet fire flow requirements in the area under mammuuju day demand conditions. A new well in Bear Creek Estates, Well 22, will be completed at the end of the year. This will provi*de needed supply on the west side of Meridian Road-4.,Approval o -f additional phases of Bear Creels Estates or other developments within the service zone are belong held up until the completion of Well 22. At the time of Well 22 completion, flaws and pressures shall be monitored with the Meridian Water Department to determine the availabili Y of the needed fire flow to the sub ect site. 16. A Certificate of Zoning Compliance and a Building Permit shall be obtained prion to the start of construction. 17. Prior to issuance of a buildine-rrm"t a fire suppression system shall be approved by Planning and Zoning Staff and the Fire Department and installed by the applicant. Adopt the ecommendations of the Sanitary Service as follows: l . Applicant shall coordinate location and construction requirements of waste RECOMMENDATION TO CITY COUNCIL on 8 REQUEST FOR CONDITIONAL USE PERMIT F4R ESTABLXSHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15,t95 ACRES, LOCATED IN .AN ImL ZONE enclosure location and size with Sanitary Services. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Street signs, water supply for P nstalled before building begins. fire hydrants and fire hydrants shall be ,Weeds and trash shall be kept clear. Adapt the Recommendations of the Central District Health Department as fellows: I . Spec.0 ific 1<11owledge as to the exact type of use shall be provided. before the qk Central District Health Department can comment an the proposal. 2. More data shall be provided concerning sail conditions before the Central District Health Department can comment on the proposal. 3. The Central District Health Department shall require a study to assess the iIt mpact of nutrients and pathogens to receiving ground waters and/or surface waters.. 4. Run-off is not to create a mosquito breeding problem. 5-a If restroom :Facilities are to be installed, then a sewage system shall be installed to meet Idaho State Sewage Regulations. 6-t Applicant shall make an application for a septic hermit from the Central District Health Department. Adopt,the Recommendations of the Nampa Sz Meridian Irrigation District as follows: ].. A License Agreement is required for the relocation of the Hardin Drain and. all encroachment agreements shall be in place. 2,h All storm drainage shall be retained on site, i"f any water leaves the site a d ischarge agreement shall be in place before construction can begin. 3.0 If the Hardin Drain is to be relocated, a new easement descri"ption is dP required and the old description shall be relinquished.. Adopt the Recommendations of the Ada County Highway District as follows: RECOMMENDATION TO CITY COUNCIL - 9 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15. 95 ACRES., LOCATED IN AN I -L ZONE 1. Dedicate 48 -feet of right -o- way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision pkat or execution of a warranty deed prior to it of a building permit (or other required permits), whichever occurs first. Allow up to 30 busyness days to process the rioght-ofway dedication after receipt of all requested material. The owner shall be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section ] S of ACHD Ordinance # 1930 The right -of way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commi'tssi,,011. 2. Dedicate 48 -feet of nghtw6of-way from the centerline of Linder Road from Overland Road For approximately 4104,*feet to the north, then tapering to 100 -feet of right -off -way to the point where this development abuts I *Wb* 841 by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building peri -nit (or other required permits whichever occurs first. Allow up t0 30 business days to process the rlght-ofway dedication after receipt of all requested material. The ovaier shall be paid the fain marl<.et value of the ri4ght**of-way dedicated which is an addition to existing ACRD right-of-way if the owner submits a letter of application to the impact dee administrator prior to breaking ground, 1"11 accordance with Section IS of ACRD Ordinance 193.. The right-of-way purchase agreement shall be completed and si'ogned by the applicant prior qk 6. to scheduling the final plat for signature by the ACRD Commissiond The qh applicant shill be paid For thisnght-ofq-pway,, mionus the road trust amount for sidewalk on Linder Road ($22,$00). 3-a Construct one driveway on Overland Road located approximately 60 -Feet west of the east property line, as proposed. Pave the driveway its full width of 30 to 35 -;Feet and at least 30 -feet into the site beyond the edge of pavement of Overland Road and install pavement tapers Wl*tlpt 15 -foot radii abutting the existing roadway edge. 4-r Locate any proposed gated entry a minimum of 50 -feet from the edge of pavement of a public road. Coordinate the location of any proposed gated IP entry with District staff. 5. Provide a $12,480.00 deposit to the Public ]Rdghts-offWay Tnist Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Overland Road 0 abuittng the parcel (approximately 624 -feet) pnor to issuance of a building 0 permit, or District approval of a final plat, whichever occurs first. RECOMMENDATION TO CITY COUNCIL - 10 REQUEST FOR CONDXTX4NAL USE PERMIT FOR ESTABLISHMENT OF A C 10 ICLE SALES LOT ON 15 0 5 ACRES, LOCATED IN .AN X -L ZONE The applicant may construct sidewalk on Overland Road. If the applicant chooses to construct sidewalk, the applicant should meander the sidewalk outside of the right.-Of�way,, If the sidewalk meanders, the applicant shall provide the District with a sidewalk easement. b. Utility street cuts in pavement Tess than five years old are not allowed unless approved i'n writing by the Distrl*ct. Contact Construction Servinces at 387-628Q (with file numbers) for details. .6 dP 7. Any existing irrigation facilities shall be relocated outside of the right-of- way. 8. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. Other than the access point specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. 10. Access to Linder Road has not been proposed with this application and none is approved. 15. The proposed uses within the subject application will be hari-nonious with and iinaccordance wth the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 1.5. 1 The subject property is designated an the "Generalized Land Use Map" as "Existing UrUan". l6. The uses proposed within the subject application subject to the conditionsherein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance ox intended character of the general vicinity and that such uses will not change the intended essential character of the same area. I7. The uses proposed mn'thin the subject application will not be hazardous RECOMMENDATION TO CITY COUNCIL - i 1 REQUEST FOR CONDITIONAL USE PERMIT FOR CONS RUTC ION OF A OFFICE/STORAGE FACILITY WITHIN THE I 40 -YEAR FLOODPLAIN or disturbing to existing or future neighboring uses. I8. The uses proposed within the subject application W1"11 be served adequately b Y central public facilities and services such as highways, streets., police and fire protection, drainage structures, refuse disposal, water, and sewer.. I9. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to -the property. CONCLUSIONS OF LAW 1,P The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers re quired and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-b504 which the City Council of the City of Meridian has established b y the passage of the "City of Meridian Zoning and Development Ordinance" at Titles X1 and X11., Chapter I, Meridian City Code. 3,t As part of a zoning ordinance the City Council can, subject to hearing RECOMMENDATION TO CITY COUNCIL - 12 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FAC11.,11T WYTHIN TI 1E I 00 -YEAR FLOODPLAIN f T T J •�ti T and notice provision required., provide for theP rocess of special and/or conditional use permits which a proposed use i*s otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance _. which the City o f Meridian has done in the adaption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the Baine that the evidential showing supports the finding that the following standards are net and that the prop os ed develop ment: (Meriian City Code § 1 1- 17- 3) a,, Will., in fact', constitute a conditional use as determined b11 Cit11 policy; b , Will be harmoni"ous with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the emsting or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or diSturbing to existing or .future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and dire protection, drainage structures,, refuse disposal., water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; £. Will not create excessive additional requirements at public cost for 'P public facilities and services and will not be detrimental to the economic welfare of the community; 4, g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the RECOMMENDATION TO CITY COUNCIL - 13 REQUEST FOR. CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACIL,ITY WYTHIN THE 1 00 -YEAR FLOODPLAIN 1 .1 r •�k general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h,p. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Light Industrial IP District (1,4L), a public hearing shall be conducted with notIP ice to be published and provided to property owners or purchasers of record within three hundred deet (340') of the external boundaries of the lend under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 1 I- 1 7-5 City of Meridian1h 6. dF Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant ani the 1b 1bCommission. and Council Sha -11 follow notice and hearing procedures provided in Chapter 15 of this Title.. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the aPplication shall g o before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation ofthe Commission." 6. Following the public hearing and within 45 days after the conclusion of qk the public hearing the Commission shall, transmit its recommendations to the MeW 1h ridian City Council with supportive reasons. The Commission shall recommend ti at ti e application I e approved, approved with conditions or denied. The Comm0 ission shall ensure that any approval or approval with conditions of an 0 app ication shall be in accordance with Men dian Comprehensive an, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City COMMEN ION TO CITY COUNCIL - 14 REQUEST FOR CONDITIONAL USE PE FOR CONSTRUCTION OF A OFFICE/STORAGE FACZLZTY WITHIN THE 100 -YEAR FLOODPLAIN Code § L 1 - i 7 -G} 7.0 When the City Council approves a conditional use permit it may 6. impose conditions of that approval that reasonably: A. MinRh imize adversei"mpact on other development; B. Control the sequence and dining of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provIP IP ision for on-site public facilities or services; and G. Require more restrIt q ictive standards than those generally required, in this Ordinance. 8'h The City of Meridian has, by ordinance, established the Impact Area dP and the Comprehensive Plan of the City of Meridian, which was adopted December 21, I993, Ord. b29, January 4, I994 and Maps-. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW., THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permi*t dor RECOMMENDA1,110N TO C1TY COUNCIL - 15 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFF1 C /tlql 0 GE CILI WITHIN THE 1 04 -YEAR FLOODP LAIN the establishment of a new recreational vehicle sale lot i"' n an I -L zone located at 13 8 0 East Commercial Ave., Meridian, ldah��, sa]'')ject to the following conditions of use and development: Adopt the Recommendations of Planning and LunIP IP ing and Engineering staff as follows: X Rh Landscaping shall be installed as submitted on the site pian. Three copies of detailed landscape plans and irrigation P erformanq cc sp ecifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 2. Within one year of completion of construction of Linder Road Extension, a landscape buffer shall be installed along the full length of the western property boundary line. The buffer shall fully comply with the adopted Landscape Ordinance. 3. The proposed gravel parking lots in the northeast and northwest corners of the property shall be hard -surfaced with asphalt in accordance with qk Meridian City Code. 4*. There shall be no access to the property off of Linder Road at this time. Future development of the southern portion of the lot that shall require access to Linder Road shall only Ue permitted through the conditional use permit process. S. The Hardin Drain shall remain uncovered per NMID I s request. 6. .Ali parking and areas of circulation shall be improved with a hard surface i 6 n accordance with Meridian City Code 1 1- 13-4. D, and shall be installed and striped in accordance with the submitted site flan and Ordinance I I- 13 - 4. F. 7. All exterior lighting, whether attached to the building or Ideated within the parking lot, shall be down -shielded or othetwzse altered sa that the light does not SPIlZ over onto adjacent properties or right�o- li'ghti*ng -way. All parldng lot shall be in accordance with Ordinance 1 1-13-4C. 8.6 All signage shall be in accordance with the standards set forth in Section RECOMMENDATION TO CITY COUNCIL - 16 REQUESTFOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE ILI W IN THE 100-LOODP TA�N • .ti �1 S • J ].1- 14 of the City Zoning and Development Ordinance. No signs were requested under subject application and n,1111 ne are aiproved. M1 signage is -- subject to design review and shall requi"re separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 clays notice to the applicant. 9. All construction and site iiiaprovements shall conform to the requirements of the, u-neri4cans with Disabilities Act. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the Citygq Enneer (Ord. 557, 10*.,1.*.,91 ) fort all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with De partmof Environmental Qentuality 1997 publication Catalog of Stonn Water Best Management Ptmacti'pcesfor 1(laho Cities aiid Counties and City of Meridian standards and policies. Offm*site disposal into a surface water is prohl*bited unless the jurisdiction which has authority over the receiving strewn provides written authorization prior to development pian approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 110 Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight-obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with If Services, inc. 12. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy .for the proposed development. A temporary Certificate of Occupancy may be obtained by providinsuretyto the City ig n the form of a .letter of credit or cash iii the amount of 110% of the cost of the required improvements (including III paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occ,111paa�cy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 13. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 14. Applicant shall provide a permanent 20-foot wide easement corridor dor the operation and maintenance of the future eight -inch -diameter sanitary sewer main along the north boundary of the subject parcel., Once the future sewer reaches the west boundary of the subject parcel, the applicant shall have six months to install the sewer across his parcel to the easement boundary Rh line. The applcantishall also discontinue use of the temporary septic RECOMMENDATION TO CITY COUNCIL - 17 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE X 00 -YEAR FLOODPLAIN system and mal<,e physical connection to the new main. The septic system shall be decommisszoned per the standards of the Central District Health 0 Department. Applicant shall be sub Ject to a Trunk Line Expansion Fee of $1.,500.00 per equivalent residential unit, due and payable at the time of building permit issuance. It is advisable that the appl igcantinstall a d ryline sewer service at minimum depth and grade from the temporary septic system to the future main location to ease the conversion. 15. Recent hydraulic modeling for the domestic water system indicates that, while the current total supply i n the zone can meet this increase in domestic demand, it is unable to meet fire flow requxre�nents in the area 0 under mammwn day demand conditions,,, A new well in Bear Creek Estates, Well 22, will be completed at the end of the year. This will provide needed supply on the west side of Meridian Road. Approval of additional phases of Bear Creek Estates or other developments within -the service zone are being held up until the completion of Well 22,, At the time of Well 22 completion, flows and pressures shall be monitored with the Meridian Water Department to detenni'tne the availability of the needed fire flow to the subject site. l6. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of constructi4on,, 17.6 Prior to issuance of a bu. I*'Iding permit, a fixe suppression system shall be approved by Planrung and Zoning Staff and the Fire Department and installed by the applicant. Adopt the Recommendations of the Sanitazy Servilce as Follows: 1. Applicant shall coordinate location and construction requirements of waste Rh enclosure location and size vath Sanitary Services. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Street si"gns, water supply for fire hydrants and fire hydrants shall be installed before buildi"ng begins. Weeds and trash shall be kept clear. Adopt the Recommendations of the Central District Health Department as follows: I . Specific knowledge as to the exact tyke of use shall be provided before the Central Di'stnct Health Department can comment on the proposal. RECOMMENDATION TO CITY COUNCIL - 18 REQUEST FOR CONDITIONAL USE PERMIT,FOR ESTABLIS11MENT OF A RECREATIONAL VEHICLE SALES LOT ON 15. 95 ACRES, LOCATED IN AN 1=L ZONE 2,P More data shall be provided concerning soil conditions before the Central District Health Department can comment on the proposal. 3,P The Central District Health Department shall require a study to assess the iNo mpact of nutrients and pathogens to receiving ground waters and/or surface waters. 4.0 RUn-off is not to create a mosquito breeding problem. 5.6 If restroom facili*ti*es are to be installed, then a sewage system shall be installed to meet Idaho State Sewage Regulations. 6. Applicant shall make an application dor a septic permit from the Central District Health Department. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1. A License Agreement is required for the relocation of the Hardin Drain and all encroachment agreements shall be in place. 2. All storm drainage shall be retained on site, if ally water leaves the site a discharge agreemshall be ientn place before construction can begin. 3,h If the Hardin Drain is to be relocated, a new easement description zs q 6. required and the old description shall be relinquished. Adopt the Recommendati*ons of the Ada County Highway District as follows: I. Dedicate 48 -feet of rl"'ght-of,way From the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-oE way dedication after receipt of all requested material. The owner shall be paid the fair marl<.et value of the nlghtvqof�way dedicated whichis an addition to existing ACHD right-of-way if the owner a letter of applications0 ubmits to the impact fee administratoz prior to breaking ground, i'on accordance with ,Section 15 of ACHD Ordinance #193,, The noght-o-f-oway purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commissioll. R,ECOMMENDATION TO CITY COUNCIL - 19 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT DN 15,.95 ACRES, LOCATED IN AN I -L ZONE 2. Dedicate 48 -Feet of n*ght-Ofway from the centerline of Linder Road from Overland Road for approximately 4 .10 -deet to the north, then tapering to 10 0 -feet of right-of-way to the point where this development abuts I- 8 4, by means of recordation of a final subdivision flat or execution of a warranty deed prior to issuance of a building permit (or other required permits whichever occurs first. Allow up to 30 business days to process the IP right-o£way dedication after receipt of all requested materi"'al. The owner shall be paid the fair market value of the right-of-way dedicated which is It an addition to existing ACD right-ofsubmitsway if the owner Ra letter of application to the impact fee administrator Irior to Urea�czng ground, 1.111A accordance with Secti*on 15 of ACHD Ordinance # 193. The ri'ght-ofway purchase agreement shall be completed and signed b y the applicant prior to scheduling the final plat dor signature b Y the ACRD Commission. The applicant shall be pard for this right-of-way, minus the toad trust amount for sidewalk on Linder Road ($22,800). 3. Construct one driveway an Overland Road located approximately 60 -deet west of the east property line, as proposed. Pave the driveway its full width of 30 to 35 -feet and at least 30 -Feet into the site beyond the edge of pavement of Overland Road and install pavement takers with X5 -foot radii abutting the existing roadway edge. 4. Locate airy proposed gated entry a mi nimuin of SO -.Feet from the edge of pavement of a public road. Coordinate the location of any proposed gated 0 entry with District staff. 5. Provide a $1.2,480.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5-fioot wide concrete sidewalk on Overland Road abutting the parcel (approximately 624 -Feet) prior to issuance of a building IP permit, or District approval of a final plat, whichever occurs first,. OR The applicant may construct sidewalk on Overland Road. If the applicant chooses to construe. sidewalk, the applicant should meander the sidewalk outside of the right-of-way. If the sidewalk meanders, the applicant shall provide the District with a sidewalk easement. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contac. Construction Services at 3$7-62$0 (with file numbers) for details. 7. Any existing irrigation facilities shall be relocated outside of the right -of way. RECOMMENDATION TO CITY COUNCIL - 20 R_FEIIIUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATYONAL VEHYCLE SALES LOT ON ].5.95 ACRES, LOCATED IN AN ImL ZONE 8. All utility relocation costs associated withimproving street frontages abutting the site shill be borne by the developer. 9. Other than the access paint specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. 10. Access to Linder Road has not been proposed with this application and none xs approved. 2. The conditions shall be revIP iewable by the Council pursuant to Meridian City Code § I I- 17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Peri -nit in accordance with this Decision, which shall b e signed 1�11)�� the M ayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department,, the Publioc Worl<,ws Department and any affected party requesting notice. NOTICE OF FINA-1- ACTION Please take notice that this is a final action of the governing body of the City IP of Meridian., pursuant to Idaho Cade § b7-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code,. RECOMMENDATION TO CITY COUNCIL - 21 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE X 00m,,hYEAR FLOODPLAIN B y action of the City Council at its regular meeting held on the day ofAk 4,(tli , 200I.. .. . . . ......... -- - - -- ---------- ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAI(.ER) DATED: it MOTION& • APPROVED: VOTED—��� VOTED ----------- VOTED.. ... 11 VOTED VOTED DISAPPROVED: Copy served 0 g nd icant t ing De m P. ublicWorl<-s Department 0 _ h ` • f F � T f t4P qL deB YM -- - - -- --- ------- Date f r T7'i-'-`- City Clerll� Au �'� �` tom' � �''� • � , �'�,� 4k. -; f '&29 r M *-.Aoc Z:\Wor1c,VV1\Mcri d'i an\Mer" d" an 15 3 60 M\Bodfly ti• y $'''��f s � fit;.:: � •� ` COMMEN ION TO CITY COUNCIL - 22 REQUEST FOR CONDITIO USE PERMIT FOR CONST CTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-LOODP LAIN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A NEW RECREATIONAL VEHICLE SA.LE LOT IN A IML ZONE LOCATED ON THE NORTHEAST CORNER OF S. UNDER AND E. OVERLAND ROAD, MERIDLAN, IDAHO GARY BODILY, APPLICANT C/C 08/08/01 Case No. CUP=O I w020 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coining before the City Council on the 8th day of August, 2 00 1, under the pro�nsions of Meridian City Code § 1 1- 1 7-4 for final action o n conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council Calces the following action: 2. That the above named applicant is granted a conditional use permit for the construction of a 21,Q00 -square -foot office,/storage facill"ty for High Bridge, LLC. dP in an I -L zoite located at 1380 East om rcia ve., Meridian, Idaho, subject to the �ollow.ng con itions of use and development: ORDER NDIT10 SE PE IT - 1 SODTLY RV / CUP -0 1-020 Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. Landscaping shall be installed as submitted on the site plan. Three copies of detailed Landscape plans and irrigation performance specifications shill 4h be requiI& xed prior to the issuance of a Certificate of Zoning Compliance. 2. Within one year of completion of construction of Linder Road Extension, a landscape buffer shall be installed along the full length of the western properly boundary Line. The buffer shall fully comply with the adopted Landscape Ordi"nance. 3.6 The proposed gravel parking lots in the northeast and northwest corners of the property shall be hard*,, -surfaced with asphalt i*n accordance with Meridian City Code,, 4. There shall be no access to the property off of Linder Road at this time. Future development of the southern portion of the lot that shall require access to Linder Road shall only be permitted through the conditional use permit process. S. The Hardin Drain shall remain uncovered per NMID's request. 6. All parking and areas of circulation shall be improved vaqth a hard surface 0 0 0 in accordance with Meri than City Code I I - 13 4 - D and shall b e 1"lls talle d and stri"ped i11 accordance with the submitted site flan and Ordinance 1 1- 13-4.F. 7. All exterior li'gl'iting, whether attached to the building or located within the parl<ing tot, shall be doiv�ni-shi0 elded or otherwise altered so that the light 4, does not spilt over onto adjacent properties or n"gh t-o:F way. All parking lot l ishall be ightingn accordance with Ordinance 11 4" 1 3M&4C4h $. All signage shall be in accordance with the standards set forth in Secti"on l I- 14 of the City Zoning and Development Ordi*nance. Na signs were requested under subiect applicati0on and none are approved. l�i1 signage lq"s subject to design review and shall reqiure separate permits. Temporary or portable signs shall be prohibited, and shall be remove d upon 3 days notice to the applicant. 9. All construction and site improvements shall conform to the requirements ORDER CONDITIONAL USE PERMIT BODILY RV / CUP -OI - 020 1W) of the Amerilcans with Disabilities Act. J.O. A drainage plan designed by a State of Idaho licensed architect or engineer i1P s required and shall be subiYu" tted to the City Engineer (Ord. 557, Y 0- 1-9 1) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stoio7n Water Best Management Practices fog- Idalio Cities IP and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has 6 authoriauthorizationty over the receiving stream provides written prior to IP developmentppo plan rval. TI -ie applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells_ 11. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wail or sightiIImobscun*ng fence at least four feet in height in accordance with Ordinance I.I.-I2-7G Coordinate location and construction requirements withS11itit Services, Inc. I2. Certificate of Occupancy: All required improvements shall be complete prior -to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtai*ned b y provid1P ing surety to the City in the form of a letter of credit or cash iqn ti -le amount of I 10% of the cost of the requi*red improvements (including paving, striping, landscaping, and i4rrigati* on). A b i d shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to comp lete the required improvements. 13. As part of a conditional use permit, the City of Me0 ridian may impose 1P additional restrictions/conditions. 14. Applicant shall provide a permanent 20 -boat wide easement corridor For the operationmai"'ntenance and of the future eight-znch-diameter salutary sewer main alon��11 the north boundary of the subject parcel. Qnce the future sewer reaches the west boundary of the subject parcel, the applicant shall have six months to install the sewer across his parcel to the easement boundary line,. The applicant shall also discontinue use of the temporary septic systemand make physical connection to the new main. The septic system shall be decommissione per the standards of the Central District Health Department. Applicant shall be subject to a Trunk Line Expansion Fee of $ 1,500.00 per equivalent residential unit, due and payable at the ti"Me of buildin ermit issuance. It is advisable that the a icantinstall a ry line It It sewer service at minimum depth and grade from the tem ora. septic system to the future main location to ease the conversion. ORDER CONDITIONAL USE PERMIT S4DZLY RV / CUP -OI -020 15. Recent hydraulic modeling for the domestic water system indicates that, while the current total supply in the zone can meet this increase in domestic demand', it is unable to meet fire flow requirements i n the area under maximum day demand conditions. A new well in Bear Creels Estates, Well 22, will be completed at the end of the year. This will provide needed supply on the west side of Meridian Road. Approval of additional phases of Bear Creek Estates or other developments wi.thzn the service zone are being held up until the completion of Well 22. At the time of Well 22 completion,, flows and pressures shall be monitored with the Meridian Water Department to determine the availability of the needed fixe how to the subject site. 16. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction., 17. Prior to issuance of a building permit, a fixe suppression system shall be approved by Planning and Zoning Staff and the Fixe Department and installed by the applicant. Adopt the Recommendations of the Sanitary Service as follows: I . Applicant shall coordinate location and construction requirements of waste enclosure location and size with Sanitary Semoces.- Adopt the Recommendations of the Meridian Fire Department as follows: I'h Street signs, water supply for fire hydrants and fire hydrants shall be installed before building begi"'ns. Weeds and trash shall be kept clear. Adopt the Recommendations of the Central Distrilct Health Department as follows: 10 Specific knowledge as to the exact type of use shall be provided before the Central District Health Department can comment on the proposal. 2,t More data shall be provided concerning soil conditions before the Central District Health Department can comment on the proposal. 3,P, The Central District Health Department shall require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters,. 4. Run*,ofE is not to create a mosquito breeding problem. RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR CONDITIONAL USE PER [I] FOR EST I LISHMEN OF A RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN T -L ZONE 5.6 If restroom facilities are to be installed, then a sewage system shall be installed to meet Idaho State Sewage Regulations. b. Applicant shall make an application for a septic permi"'t from the Central District Health Department. Adapt the Recommendations of the Nampa Meridian Irrigation District as follows: 1. A License Agreement is required far the relocation of the Hardii-� Drain and all encroachiuent agreements shall be i*n place. 2,t All storm drainage shall be retained on site, if any water leaves the site a dlb ischarge agreement shall be in place before construction can begin. 3. If the Hardin Drain is to be relocated, a new easement description zs required and the old, descxzptzon sha1X be relinquished. Adapt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision flat or execution of a warranty deed prior to issuance of a building permit (or IP other required permits), whichever occurs first. Allow up to 30 business days -to process the right-o£way dedication after receipt of all requested- materi'pal. The owner shall be paid the fal*r market value of the rioght-ofway dedicated which is ars additi"'on to existing ACHD right-of way if the owner submits a letter of application to the 4h impact fee administrator prior to breaking ground', iqn accordance with Section 15 of ACHD Ordinance #1.93. The ri*ght-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final play. dor signature by the ACRD Commission. 2. Dedicate 4$ -feet of ri*ght-of-way from the centerline of Linder Road from Overland Road for approximately 410 -feet to the north, then tapering to 1004ofeet of right-of-way to the point where this development abuts I-84, by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be paid the fair marli�.et value of the right-of-way dedicated which is RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN .AN IwL ZONE an addition to existing ACRD nght-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground:, in accordance with Section 15 of ACHD Ordinance #193. The right-of-way purchase agreement shall be completed and signed by the applicant prior dF to scheduling the final plat for signature b Y the ACHD Commission. The applicant shall bepaid .dor this right-of-way, minus the road trust amount for sidewalk on Linder Road ($22,800).. 3. Construct one driveway on Overland Road located approximately 60 -deet west of the east property line, asPposed.roPavy the drioveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Overland Road and ins -tall pavement takers with 15 -foot radii* IP abutting the existing roadway edge. 4. Locate any proposed gated entry a mini"'mum of SD -Feet from the edge of pavement of a public road. Coordinate the location of any proposed gated entry with District staff. S. Provi'de a $7.2,480.00 deposit to the Public Rights -of -Way Trust Fund for 1b the cost of constructing a 5 -foot wide concrete sidewalk on Overland Road abutting the parcel (annrommately 624 -feet) prior to 1P issuance of a building permit, or District approval of a final plat, whichever occurs first. OR The applicant may construct sidewalk on Overland Road. If the applicant chooses to construct sidewalk, the ai)Plicant should meander the sidewalk outside of the right -off way,, If the sidewalk meanders, the applicant shall provide the District width a sidewalk easement. 6,P Utility street cuts in paveinent less than five years old are not allowed unless approved in writing b y the District. Contact Construction Services at 387-6280 (with file numbers) for details., 7. Any existing irrigation Facilities shall be relocated outside of the right-of- way. 8. All utility relocation costs associated with improving street frontages abutting the site shall be the developer. 9. Other than the access point specif.6 0 ically approved with flys application, direct lot or parcel access to Overland Road i*s prohibited. RECOMMENDATION T4 CITY COUNCIL - 6 REQUEST FOR CONDITIONAL I J LSF PF,RMIT FOR (71 ONSTRUCTIONOFA OFFICE/STOR.A.GE ILI WITHIN THE 100m LA.�N 10. Access to nder Road has not been proposed with this application and none is approved,, 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condiconditionof approval of the application for a dF conditional use permit. 4. Notice to Permit Holder, this conditional use perm1b it is not transferable without complying with the provisions of Meyisdzan City Code § 1 1- 1 7-5, a copy of which is attached to this permit. day of By action of the City Council at its regular meetRh ing held on the I 4h obe!,m.krj D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ktiYsi4i"�"s �'r#sf` Li .nom .. 9LBy: Dated: City Cleric Ir \\NPAPDC\SERVER Z\Wor1-r,-\M\J\4er1"dian\Meridian 153 6aM\i-ligh B ridge Offi ce CUPO1,,023\OrdeiC%•y � fid '. �r 9L RECOMMENDATION TO CITY COUNCIL - 7 REQUER CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE I 00 -YEAR FLOODP LAYN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public Fearing for consideration of an amendment to the FY01 fiscal year budget by appropriating additional monies received by the City of Merad"an, said hearing to b e held at Meridian City H a 11, 33 East Idaho Avenue, Meridian, Idaho, at 6A0 30 PM on the 29th day of August, 2p01. PROPOSED ADDITIONAL EXPENDITURES General Fund: G e n a rad ire * ■ ; ■ f # ■ f M i � ■ P .1 r ■ ■ 1 t * 41 f i i ■ t f .6 Police Parks Department,, 0 It 41 4. 0 0 0 6 0 A IP 0 0 W 0 TOTAL. f i f ■ ■ f f ■ t ■ ■ r f # i ■ ■ ■ f f f ■ * i ■ r f # ■ Enterprise Fund: Wa t e r & Wa s tewa te r i i * 41 # ■ t a 4 i f Y ■ ■ a f 4 f i ■ t t * * f * ■ GRAND TOTAL. 0 0 d W 0 0 do a 6 % -& IP IP * a a 4. .0 0 4. 0 b 41 0 W 0 4 41 0 $ 1 0,345.D0 $ (8,500.00) $ 13795OOmOO $ 38,500.Q0 $ 177,845.00 $ 57,165.00 $ 235o6l 0*00 PROPOSED ADDITIONAL REVENUES / FUNDING SOURCES General Fund: Other Sources ................................ $ 977,845.00 TOTAL. a 4 f i t a I t i i ■ t # * 0 f rt i W ■ # * f .6 ■ ■ Rh f F Enterprise Fund: Other Sources. V 4 * a 0 M 0 0 a * 0 M * 0 6 6 a 0 0 M * 0 TOTA L f i t * 41 a ■ t i ■ 41 f * ■ ■ i f * t a i ■ t f * 41 i W ■ ■ GRAND TOTAL.. ■ f i qh i * f A Y * i ■ * W f F ■ * i ■ 1P. f i i i' W i * f $ 177,845A0 $ 579765600 $ 57y765-wOo $ 235,611 OmOO expenditure of the monies will be in accordance with the provisions authorized by the amendment of the budget. Publication dates of the notice of the public hearing are August 1 Oth anti August 24th, 2001 1*n The Idaho Statesman. Dated this 6th day of August, 2001. Wo[fiam G. Berg, Jr. -City Cleric RECEIVED AUG 21 2QA& i CffY0FME,R1DIAN f T . .f ff. T� S ti S NOTICE OF PUBLIC HEARING NOTICE ES HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing for consideration of an amendment to the FY01 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at 6:30 PM on the 29th day of August, 2001. PROPOSED ADDITIONAL EXPENDITURES General Fund: General/Admin . 0 -P 0 .0 0 0 * .0 0 a d i L re D e P a rt m e n t 0 a 0 rt i ■ t 4 i i ■ t f ■ t i ■ t f r i t t � i ■ ■ * # 4 P o C ice D e P a rt m e n t I& RIN 41 0 0 0 AIN Parks Department. 0 0 A a d 4. 0 0 0 V TOTAL. f ■ + * i• ■ t r M it * ■ t * i f * i ■ ■ t ■ ■ f 4 f f Enterprise Fund-: Water & Wastewater.. 1& 0 0 0 0 A 1 0 qh 0 A q 0 0 Was MMRM $ (650004,00) $ (25,00.00) $ 90,000*00 o.oa otoo Revised, $ 10,345.00 $ (8,50U.00) $ 137 ,500.00 $ 381500000 $ 177v845.*00 $ 57176511111100 GRAND TOTAL ...... . ..................... 0.00 $ 2350610.00 PROPOSED ADDITIONAL REVENUES / FUNDING SOURCES General Fund: Other TOTAL ■ f f t t i i f ■ t ; , f f i t a * i f t # ■ t i * f f Enterprise Fund Other Sources TOTALt 4 .6 ■ i f t ■ s i 410 i * f * i f rt t ■ ■ t i t f 4 i GRANDi III * * ■ i * 41 i ■ it f Mi f Was Revised 0,00$ 177y845eOO mm� 0,00 $ 177 845*00 0,00$ 57765mOO MMMMF0100 $ 57,765,eOO 0.00 $ 235761 0-a00 expenditure of the monies will be in accordance with the provisions authorized by the amendment of the budget. Publication dates of the n otice of the public hearing are August I Oth and August 24th, 2001 in The Idaho Statesman., Dated this 6th day of August, 2001. William G. Berg, Jr. - City Clerk 75,345 PERSI G.,Share '[6,50 PERSI G'sh%aon re 47, 500 PERSI G.,Share 5,500 PERSI G.Share & 33,0001n Rec Fees PERSI Gain Share PERSi Gain Share & 33,000'ln Rec Fees PERS[ Gain Share REC.E.-JIVED na AUG 2 1 20ul CITY 0F,A.M--,RID1AN CITY OF MERIDIAN PERSI Gain Share Credit for Meridian: $ 2021610065 Genera! Fund Special Service Find Enterprise Fund Balance after Software & Payroll Exp.: Genera[ Fund $ 136,44$.24 $ 8,396.81 $--------.57,765,60 $ 2U2,69 0.85 $ 6$,688.48 Detail of Payroll Cost per Department Mayor: City Clerk Accounting HIR Police Fire Parks Total: Special Service Building Department FundPlann'ng & Zoning Dept. Total: General & Special Service Fund Totals: Enterprise Fund Public Works Department Utility Department (MUGS) Water Department Sewer Department Total: General & Enterprise funds Total: 15,000.00 PERSI software change 77,286.58 Payroll /five days 5,060.73 Payroll / eve days 36.575.2 6 13 3,9 2 2. 5 7 Payrol.l..I...5 Days FICA tax! 5 Days Em"MEEMMMMV PFMims hb=WW ------- 11024.01 .78.34 1,399*50 4,016.66 1,436,38 43,943.88 15,106.35 4,867,54 71,794.3'[ 3.826.87 4,709.10 76495641 8,485.13 2-P 194.31 71952411 152344.55 3 3,976.09 110,471.50 107*06 307.27 109.58 3,361.71 '[ ,155.64 372—,37 51492d,27 86.88 292.76 359.63 51851090 649oll 167.86 608.34 1,173,86 2,599,17 8,451.07 Payroll / five days NWNUWAN� Total Expense Total 1,102,35 1 ,506.57 4,323.93 9 ,546.27 47,305d,57 16,261.99 Sr239.91 17,286.58 941all 41.19,6 ' 2 5,060.73 82,347.31 93134*24 2,362.17 8t560-944 16,518.41 "m� 369575-96 118,922.57 150000d'00 133,922.57 13,539.84 G /Admin 47,305.57 Police 16,261.99 Fire 5,239.91 P ks 82,347.31 36,575.26 118,922,57 RECEIVIIiiD AUG 2 1 20D1 CITY OFMEZRIDIAN (D E2 [won m v(D °' m � � o c m � V NIP 0 cr MOM& 11 --oil Adom o CY O :=3 m ca ami 73 CD Q� 0 C 0 0 4 p� Q 4 (D E C cu0 49 0 Od a� U m c (D � O i moil= WD E OD E n o a U m 0 a •3 (D U co 0 Cl O u u :3 CO0 ca 73 air U) � III 4�mo Co �11111 Q. a 0 u (D E2 [won m v(D °' m � � o c m � V 0 cr MOM& Qadh� 0 o CY O :=3 m ca ami 73 CD � QCO 0 C 0 0 SANITARY SEWER EASEMENT TMS INDENTURE, made this day of , 20.P...............,,,between the 7" parties of the Irst part, and hereinafter called the Grantors, and the Cityof Meridian, Ada County, the party Idaho, of the second part, and hereinafter called the Grantee* WITNESSETH: WHEREAS,, the Grantors desire to provide a sanitary sewerright-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service saidpipeline from time to time b y the Grantee3 NOW, THEREFORE, in consideratian� of the benefits to be received by the Grantors, and other 4 good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer Iine and their allied facilites, together with, their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all limes. In consideration of allowing Grantee to perform work on and/or operate within the said descnbeparcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, i*t's successors and assigns, against any and ail claims, suits,, demands, actions, debts,, injuries to persons, and damages to property, damages, costs, charges, and expenses, including aI! court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. Sewer Main Easement Page 1 EASMT.SWR,doc TO HAVE AND TO HOLD, the said easement andaright-off wy unto the said Grantee, it's successors and assigns forever. IT XS EXPRESSLY UNDERSTOOD AND AGREED, b y1I and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the e ement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing C)r restoz�ng anything placed within the area descn* bed in this e ementth was placed there' violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any perinanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein., THE GRAN TORS hereby covenant and agree with the Grantee that should any Bart of the nght4,&of�IIIIIII�way and easement hereby granted shall become part of, or lie within Che boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies Va*thin such boundary thereof or which is a part thereof, shall cease and become null and void and of no fiirffier effect and shatI be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lseized and possessed of the aforemenft*oned and described tract of land, and that they have a good and lawful n ht to convey said e ement, and that fihey will warrant and fOrever defend the title and quiet possession thereof against the lawful claims of a!I persons whomsoever. IN ITNESS WHEREOF, the said parties of the first part have hereunto subsenbe ir signatures the day and year dust herein above written. Sewer Main Easement Page 2 EASMT.SWR.doc GRANiTOR,., Secretary STATE OF IDAHO ) ss County of Ada } On flus 44141� day of µS+ 24 0 , before me, the undersigned, a Nota.zy Pub le in and for said S tat0 e, personally appeazed Cys►--. �'� �+c �an+�c t� �d a'� "L �S��"- known or identified to me to be the Pres*dent and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me th such corporation executed the same. '<<11 ��TNESS WHEREOF, I have hereunto set my hand and affixed zny officialseal the day*St above written. 100 IpTARTF w ; � = NOTARY PUBLIC FOR IDAHO P B TL i'l 00 ing at p�• ap Resl*d •...... I �Soso��N• �'"��%'`' ComrnissionExpires: 4200,3 GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Counci*1 On: Sewer Main Easement Page 3 EASMT.SWKdoc PE�IANENT SEWER PAPE LINE EASE'VIENT Across Lot 5Blocl< 1 of the Resolution Subdivision0 No. Y Being a permanent easement twenty feet wide, IQ deet each side of the following described centerline line. All easement sidelines being prolonged or shortened t 01) C.IIII,Dllf ID= with the Grantor's property Imes. Said permanent easement being situated in the NW 1 / 4 Section 20, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, State of Idaho, moreParticularly described as..ollows: Commencing at a brass cap at the Northwest corner of said Section 20; Thence alongNthe northerly line of said Section S89° 52 19 E, a dastance of 2b56.3b feed to a Brass Cap at the North Quarter Corner of said Section 20; Thence 50024'15"W, a d�tance of 849.14 feet to the northeast comer of Lot 5 Block 1, of said Resolution Subdiv ion No,, l; Thence along the northerly line of said Lot 5,FN89"52"19"'W, a distance of 1033.08 feet to the centerline of said permanent easement and also beteg the "Real Point of Be=ranz." Thence SOO'*004'05"E, a distance of 6Q6.53 feet; Thence N54'10"37"W, a distance of 320-19 feet; Thence NOO'00'00d"E, a distance of X1.36 feet; Thence N89*52'19"W, a distance of 277.11 feet; Thence S89'52"19 E,, a distance of 277-1011 feet; Thence SOO'00&'OO"Wda zs-ance of 51.36 e et; Thence S54*10'37"E, a distance of 320.19 feet; Thence S54'10'37"E, a distance of 352.63 feet; Thence S84°48'45"E, a distance of 178.25 feet to the paint of te.L.Ulmation of this easement. See attached: E bi" t B 10005211cgaVscwcr.doc City of Meridian, ID Easement Descriptions r T ii i 0007 AL �t. *� f� r OE F F'F t � F i� .0 - -t tfo T r�� } F' ` % ' .� � t r r o ti LA V"+ &F 9F F ♦� i � * ti ;i F r F� _ r_ ■ a Exhi`bit-A Page1ofl SEC, 20 T3N R I JE 13,140 EXf1/TB/T 8 E. OkE)PZ"4!9 RE240 s BW3211 I s a E R 7SI 9Z UT/ON SUBD.w 2656,31V A/' N H52 * 1 9 N 1 /4 CIOR, t � R map I + 1 MMMMMMMP 406MID mR*mmvrmbH=rmlh� MMMMMF MOL90qb qbmobqp� Mi i WATER MAIN EASEMENT 0 THIS INDENTURE, made this day of , 24 between , the parties of the first part, ar�d hereinafter called the. Grantors, and the City of Meridian, Acta County, Idaho, the party of thesecond part, and hereinafter called the Gz�azztee; WITNESSETHqr WHEREAdF S, the Grantors desire to provide a water main xlghtmW��If-may across the premises and property hereinafter particularly bounded and described; and WIHEREAS the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to ti zzze by the Grantee:* NOW', THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the nl'ghtwof-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property, (SEE ATTACHED EXHIBIT A , B- 1 , and B-2) The easement hereby granted is for thepurpose of construction and)peration of a water line and their allied facilities,, together with their maintenance, additional connecton thereto,, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. In consideration of allowing Grantee to perform work on ancUor operate within the said described arcel,Granteeexpressly agrees to indemnify, save and hold ess Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, includ' 9 all court cast arid attorneys fee,, and against any and all Iiahility, losses and damages of any nature whatsoever, the "Damages"' th Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee perfou ngy,, working on and/or operating within the here in above described narcet; prOVIed that the damages are not caused by the negligence or other breach of Iegal duty by Grantor. Water Main Easement Page I EASMT,VFMdoc TO HAVE AND TO HOLD, the said easement and nghtIImofwway unto the said Grantee, it's successors and assigns forever. ITIS EXPRESSLYUNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other aintenance or making subsequent connection to the water line, Grantee shall restore the area o f the easement and adj'ac e n t property t o that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be, responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree khat they will not place or allow to be placed any permanent st�riciures, trees, brUSh3orPerenmaI shrubs or flowers within the area- described far this easement, which would interfere with the use of said easerrtent, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should an y part of the nghtmoofway and easement hereby granted shall become part of, or 11'e within the boundaries of any public street', then,, to such extent, such right-of-way and easement hereby ganted 10 which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GR.ANTQRS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they W1*11 warrant and forever defend the title and quiet possession thereof against the lawful clainns of al persons whomsoever. IN WITNESS HEREOF, the said partiesWes of the first part have hereunto Su IP bscribed their signatures the day and year first herein above written. Water MaM* Easement Page 2 EASMT.WTR.doc GRANTOR: 25t(A a, 'resident Secretary STATE OF IDAHO ) 5S County of Ada ) On this �iayof L/ u st- 2Q n � , before me, the undersi"gncd, a Notary Public and for said State, erson Ily appeared C kN�.s-Ir; .�C OnKiell and ow ��� SG ,known or identified to me to be the President and Secretary, respectively, of theo'corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. rN )NITNESS VMEREOF, I have hereunto yet ray hand and affixed my offici seal theof earfistPu, 0 00 *Oise k 0 GRANTEE4p CITY OF NIERI IAN & D ttex�. sees*** 4:6 0 % cl� RY Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Couricil On: a.. NOTARY PUBLIC FOR IDAHO Resi'di'ng Commission Expires:�A" a aoo3 Water Main Easement Page 3 EASMT.WTR.doc FERMANEN'I-'WATERPIl'E LINEEASEMENT Across Lot �, Block 1 of the Resolution Subdivision No. T Being a permanent easement twenty feet wide, ZO feet each side of the following descrlwbed centerlme line. All easement sidelines being prolonged or shortened to confoLwith the Grantor"s property lines. Said permanent easement being situated in the NW 1/4 Section 2Q, Township 3 North, Range 1 East, Bosse Meridian, City of Meridian, Ada County, Stade of Idaho,, more particularly descbed as follows: Commencing at a brass cap at the Northwest corner of said Section 20; Thence along -the northerly line of sand Section S890 52 'x9 "E, a distance of 2656.36.,,eet to a brass cap at the Noz�.h Quarter c orner of said Seetion 20; Thence S00c24"16"W, a di*stance of 849.14 feet to the northeast corner of Lot 5 Block 1, of said Resolution Subdivision No. 1; Thence along the northerly Zine of said Lot 5, N89 052 1 19 W, a distance of 1...12. 07 feet to ecentermeo l f sed permanent easement and also beir�g the "Real_ Point of Be�inn_" Thence S00°00'QO "E, a distance 0,11, 60 8. 0 $ feet; Tlience N54'1 0'3 7"W, a distance of 3 5. 90 feet; Thence S35'49'23"'W, a di*stance of 46-.41 feet; Thence N35'49'23"E. a distance of 46.41 feet; Thence N5401 0 " 3 7d"'W a distance of 227.96 feet; Thence N76'40'37"'W a distance of 1Q3.24 feetu Thence S80 0 49 ' 23 ly 13 W:, a distance of 7'4.49 feet; Thence S58'19'23"W, a distance of 28.73 feet; Thence S30059'22"E, a distance of 27. 11 feet; Thence N30°59'22"W, a distance of 27-.11 feet; Thence S58°I9'23 "W, a distance0 045.%% fi et; Ihence S35'49'23"W, a distance of 74.49 feet; Thence S 13' 19'23 a distance of 74.44 feet; Thence SO ' 12 1111) 7 a ciistance of 28.35 feet; Thence S80'49"23"' a istance o.7Q feet -&7 Thence N80'49'23' a distance of 37.70 feet; Thence S 09' 10'3 7" a distance of 46. 11 feet; Thence S 3 1 ' 10'3 7' a distance of 74.49 feet; Thence S 54° 10'3 7"E, a distance of 3 92.82 feet; Thence N35°STU4 "E, a distance of 34.20 feet; Thence 5'5 7' 4" a distance of 36.20 feet; Thence S 54° 10'3 7"E, a distance of 140.08 feet-* Thence S35049"2 "0' a distance of 132 .5Q feet; 100052AcgaVwatcr.doc City of Meridian, CD Basement Descriptions it -A Page 1 oft Thence S6900% W, a distance of 76.80 feet; Thence N690*jm"41210,')'"'3E,, a distance of 76.80 feet; Thence Njd0'5049'2,"3"'E, ad* stance of 132.50 feet; Thence S540102,0317"E, a distance of 44.90 feetu Thence 1qdm)w5049'21m1w,03"?E, a distance of5 3.58 eet; Thence S,,3,5,49 1'23 "'W, a distance of 35.58 feet; Thence S54' 10'3T'E, a dzstance o f 164.X2 feet's Thence S09°IO'37"E, a distance of 83.44 feet; Thence5454010'3T'E, a distance of 17 8.03 feet; Thence N315°49'23"E, a distance of 3x.82 fejt; Thence S35'49'23')W, a distance of 30-.82 feet; Thence S54'1 0!'37"'E,, a distance of 1 10.00 feet; Thence S65"25"37"'E1 a distance of 43.14 feet; Thence SOO"05"38"'W,, a distance of 119,.96 feet; Thence S89 ° 54' 22" E, a distance of 1....58 feet; Thence N89 0 54 7 22 77 W,, a distance of 12.58 feet; Thence SOO0 051 3811 W. a distance o€ 193.47 feet& T'hence0S2235'38"W, a distance of 34-.57 feet; Thence N220 35' 38a distance of 34.57 feet; Thence NOO'05'38'1'. a distance of 193.47 feet,, Thence N00005"3 8'17 E, a distance of 119.96 feet; Thence S65*25'37"'E9 a distance of 18.95 feet;* Thence S87'55'38'T, a distance of 152.73 feet-* Thence N35'49'22"E!,, a distance of 410.75 feet; Thence N0501 I " 15"E7 a distance of 94.28 fcets Thence N 17° 18'45"W, a distance of 94.48 fleet; Thence N39048"457"W. a distance of 7'9.56 feet; Thence N62'1 8'45"W,, a distance of 105.71 feet; Thence N184 °48 '45" W, a distance of 2 2 53b feet; Ihence SO40 56' 25"W, a distance of 40.77 fleet; Thence N04'56'25" 2 a distan.77 feet; Ce N84048"451"'W. a distance of 178.51 feet; Thence 10'3 7" a distance of 208.62 feet -6 Thence N35'49'23' , a distance of 33.b4 fejt; Thence S35*49'23"W a distance of 33.64 feet; Thence N54'1 0"57"W, a distance of 125.00 feet till, termination of this easement. Seeattached: Exhibit B-1 and B-2 100052AegaYwater.doc City of Men'dian, ID Easement DescripfiOnv- AM s Page 2 of 2 zXH/B/T B--1 E. Ok!FRL4NV AIU40 5 H9'32'19' E . 265&6f RESOLUT/ON SUED. No 1 N ss'S2't9' 1Y tetia_er 14 COR* E, 10 T i T 0 til ti � r } ••f s �1 ti Llcx/�B/T B 2 Ll N E TABLE LINE LENGTH BEARING L.1 35.9Q N54' 10 37 W L21 46.41 S35 49 23 W L3 227.96 N54010 37"W L4 103024 N76 4,0 37V L5 74.49 S80 49 23 n W L6 28-4673 S58 19 23 w L71 274111 S30 a 59 22 .11 E L8 45,o77 S58'19 23 W L9 74.49 S35"49,23"W L10174,049 18.9 5 S 13 19 23 W L11 28-m38 sog 1 n 37 F L12 37.70 S80'49'23"W L13 46.I1 S09'10'37"E �� 4 74.49 S3 x'40'37"E L15 392.89 S54010'37""-ppE Li 6 36.20 N3�'57'04"E 1.17 140.08 554' i Q'37"E L18 132.50 S35" 9' 3"W L19 76.8Q S69`34'23"W L42 208.62 N54! 10'37 N L21 35.58 �l35'49'23"E L22 164. 12 554' l x`37"E LINA LENGTH BEARING L23 83q&44 S09' 1 0'37"� X24 178.03 1 S54' 10 L25 30.82 N35 49 c23nE L2 6. 110.00 S54' 1037TE L27 43-414 S65"25'-.37n� L28 11 9-m96 SO0005'38�W X29 12.58 58954'22"E L301 193.47 SOO a 05 338'�N L311 34.57 S22 a 35 k 381Vil L32 18.9 5 58 5'25'37"E 1331 152.*73 S8755 38 F X34 410.75 N�5'49'22"� 35, .2$ N05'11'l5„E L36 94.48 N 17" 18' 5'V L37 79.56 *48' 45""W X38 105.71 N62'i8'45"1N L39 225,t36 l�84'48'45T4Y L40 40.77 S045625"W L41 178.51 I�84'48'45"4V L42 208.62 N54! 10'37 N L43 33*64 N35'49'23"E L44 1.2.56001 n W 1 T h .1. S 1• 1 .f S PONDEROSA ELEMENTARY SCHOOL WATER MAIN EASEMENT THIS WDENTUREmade this day of , 20 between Meridian Taint School District No. 2, the parties Of the first part, and hereinafter called the Grantors, and the City afMericiian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water rM nghtIIIIIIIIIIIIIIIIIII,ofway across the premises and property hereinafter particularly bounded and descn*bed; and WHEREAS, the water main i4s to bevideorprod ftbrough an underground PwUne to be constructed by others; and WHEREAS, it wiff be necessary to maiz�.tain, service and Subsequently' connect to said pipeline from time to time by the Grantee; NOW -9 Tf�REFORE, in consideration of the benefits to be received h,y the ("Vanto rb and other good and �atuable consideration, the Grantors dv hereby give, grant and convey unto the Grantee the right -of - way for an easement for the operation, maintenance, repair, replacement of a water moan o ver and across nesen property: (SEE ATTACHED ET A and B) easementILS for the purpose of co U4.tion and operation of a water e and their allied facilities, togetlier with their maintenance, additional connection tl�reto, repair and replacement at the convemence of the Gmnt with the free right of access to such c *es at any and aU times. In consideration of allowing Grantee to perform: work on and/or operate withun the said described eeL Grantee expressly agrees to e save Grantor, it's successors and assigns, aganist any and all c�aans, seats, demands, actions, debts, qunes to Persons, and damages to Property , aan�ges� costs, �ha�'ge:�S, and expenses, Meluding aIi court co st and attorneys fee, and against any anci all Iiabitity, losses and daznages of any nature whatsoever, the "xu Daages" that Grantorshall mayor at azry time sustain or be put to by reason or as a result of Grantee rniin97 working on and/or operating %W1 erein above descn'bed parcel; provided thaE the damages are not caused by the negligence or other breach of legai duty by Grantor. Water Main Easement Page i EASMT.WTR.doc Ponderosa T• .T f� T J �f T 1 S } TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever., IT IS EXFRESSLY UNDERSTQOD AND AGREED, by nd between the parties hereto, that after making repairs, perfor-1-1-otherotr maintenance or making subsequent connection to the water Line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaldng such repairs and maintenance. However, Grantee shall not be responsible for repa%�g, replacVn9or restoring anything placed within the area descn"b ed in this easement that waass placed there in violation of this easement., THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any peloIanentstructures, tees, bm* or vere nial shrubs or flowers within the area described for this easement, whichwo uld mtelfe mth the use of said easement, for the purposes Mted herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the nnght�f way and easement hereby granted s&effl become part ot or lie within rhe boundaries of any public street, then,, to such extent, such right - of -way and easement hereby granted which Lies within such bo undxy thereof or which is a part thereof, shall cease and becorfze null and void and Dino further effect and shall be completely re W'Shed. THE GRANTORS do hereby covenant witch the Grantee that they are lawfully seized and possessed of the aforementioned and desen betract o that they nave a food and Iawfu! right to convey said easement, and that they wiit warrant and forever defend the title and quiet posse ssion thereof against the claims of all persons whomsoever. fN WITNESS ViIHEREOF, the said parties of the first part have hereunto su n their s46 gnatures the day and year first herein above written. Wafer Main Easement Page 2 ponderosa EASMT.WTR,,doc FROM= Tri CcuntLj Survcy''±g PFK�E Np. fig@ 365 2880 Vit.. - � .•`�. Tri Count Surveying, inc. EXHIBIT A Revised Water Easement Degcrlpflon JU N4 d, 29 20 0'q'3 'am 23 P M P 2 Job No. 00,POS 6 3 June 29, 2003 A 2Q.00 foot water fine easement under, over and across a portion of Government Lot 2 of Section 3, Township 3 North, Range 7 West, Doise Meridian, Ade County, Idaho, lying 106.00 feet each Dade of the following describedline.4 Commencing at the southwest corner of Government Let 2 of Section 3, Township 3 North,, Range 1 West, Boise Meridian; Thence South 8 9 °0 1'5 0" East, 55 0. 00 feet, along the a o uth tine of said Govemm a nt Lot 2; Thence Norah 00° 6 8' 7 D" Earn, 87.07 fest; Thence North 00"00"00"' fast, 75.53 asst to the Ttue Point of Beginning; Thence North 89°32'23" West, 46-.84 asst; Thence North 00"27'37*" East, 28.Q0 toot; Thence North 44° '1 2` 40" haat, 3 8. 17 feet; Thence No rth 00 ° 00'00' fast, 2 24.8 8 feet, Thence North 47 ° 2 7'29" West 16 3.67 asst to a point refarred to hereinafter as Point " G"; Thence North 42°32'31 " East, 38-D218 feet to a point safarred to hereineftor as Point "A Thence continning North 42 ° 32' 31" Enat X3.48 lest; Thence North 00°27'37" East, 123.82 feet to e point referred to hereineif ter ms Paint "8"; Thence continuing North 00 ° 2 7'37" West, 100.* 0 0 feet; Thence North 47*00'00" WOSto x6.95 feet. to a point referred to hereinafter as Point " G"; Thence c ontinuing North 4 7°00.0 0" /I�st, 22. 28 asst; Thence North 89'32'23" West, 1 29.00 feet to a point referred to he reid nafter as Point "b Thence continuing North 89*32"23" West, 244.67 feet 10 a pant referred to hereinafter as Point "H"; Thence North 00°2737 West, 1 94.56 fest to the terminus of this easement, Aloka commencing at Point "H" describedabove: Thence South 00°27'37" West, 69.00 feet to a point referred to herainatteir es Point "E "VI; Thence continuing South 00°27'37' West, 26-.69 leet; Thence South 44°32'23" East, 34.38 fest; Thence South 00°27'37" We8t, 188.16 feet; Thence South 46"56@54m fast, 82.70 feet to a point referred to hereinafter as faint "F"; Thence continuing South 4 5115 $' 54" Ea s4, g�.gp f out; Thence South 89°3,2'23" East, 147-678 feet; Thence North 42°32'31" East, 126,58 feet to Point "G" described above. And also comma nci* ng at Point 'A" described above: thence South 47"27'291% Enstr 30*00 deet to the terminus of this easement, And also commencing at Point'B' described above: Thence North 89°3x'23" West, 96-00 deet to the terminus of this vasernent.. And alea commencing at Point "C' described above: Thence South 49°0O'11 DO" West, 23.g0 feet to the terminus of this easement, And also commencing at Point "D"deBcribed above: Thence South 00*27`37y' East, 58,44 feet to the terminus of thi And oleo comrnes easement.ncing Point "E described above.*. Thence South @9°32'23" East, 23.69 feet0to the larminus of this easement.And aloo commencing at Point "F" described above: thence South 45°27'37" West, 22,00 feet to the terminus of this aasement, the I*mwts of said easemonts shall be extended or ahartened at the beginning, terminus and alt angle points, so as to make for e confinuous and unifb throughout. This brant of by theasement., eaRement shall run with fife land end shall bD aPPurtenant to 1he land benefi�ed is This easement $hall be Perpetual., shill be binding upon and shelf inure to the benefitof the P8rfies to This agreement. their raspectVe heirs. suc�*Saors or;a3S1&9r13,, 461ST& 65 4 703 No. Wash lnplot, Avw.. P, 0: gq,i 074. [mrtMp, 1D p�g17�Q� � p1 1 Phone: (:Pad 7QS7470 Fsa (208) 70d+26E0 Z JUN 29 '01 16= 12 X08 336 3686 PAGE * 02 h 1 SLSrf d1 L .f GRANTOR: ON Secretary STATE OF IDAHO } } SS County of Ada 4n this day of ��wst- , 20 41 before rne the un igne�, a Notary Pub 'c in and for sand Stat... ft"epammUy appeared C hr�s��� �A+�ci and �ril .Sknown or identified to me to be the President and SecretaM respectively., opthe wrporation that executed the within instrument, and acknowledged to me that such wrpor ion executed the same. �I SS i�ii�EO�, I �r� � r �an� and affixed seal the day .m.Ve wriftemi Tic, PU 140 Goo 0 lip <S ip OY 4 • • I I I too GRANTEE: CITY OF I ffiRIDIAN Robert D. Come, Mayor Attest by William G. Berg, City CIerk Approved By City Council On: dft LU AW011, a 41 NOTARY PUBLIC FOR 10DAH0 Residing Commission Expres. 9017,)1303 Water Main Easement Page 3 Ponderosa EASMT.WTR,,doc N. INLET WAY qf o � lide PRd lop %% /I dy a0 0 1; J-1 POP, drZ op dr POP OOP momowwh--r iF r � t MID�FA -m %"--R� �„� Ir %444 Elm mool)odooT 34ZS7 P, NOOK J,9E 2,54,00* 4P i I. t.r J#6.OJ' &+- t N* NA OAll A VEm ^� T M0027*37*E f 700 � * 1 f�} J J 2. %4 1940 56 �- ��i oolp Lo OF f d dr .01 boo 4 Lq Ob Iror cl tprLe ICh + 43'* i dzI orit N. INLET WAY qf o � lide PRd lop %% /I dy a0 0 1; J-1 POP, drZ op dr POP OOP momowwh--r iF r � t MID�FA -m %"--R� �„� Ir %444 Elm mool)odooT 34ZS7 P, NOOK J,9E 2,54,00* 4P i I. t.r J#6.OJ' &+- t N* NA OAll A VEm ^� T Lo tj Z6 Lo 11&4 Q 10 *4it Eow ONhM;6- 0 m n J D�tVI� NAVA�tRO �.:_ ....... RECORDED R ST Or !*1 to 100-1 1,10 F as 2BUI AU 3o �� 1: 3a 101089250 PONDEROSA ELEMENTARY SCHOOL WATER MAIN EASEMENT THIS INDENTURE, made this �f dayof/�'f q4between Meridian Joint School District Noll. 2, tlefparties othe firsi part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter caned the Grantee; WITNESSETH: VIHIEREAS., the Grantors desire to provide a water main right-of-way across the premises and property herehafterParticularly bounded and descnled; and1 WHEREAS, the water main i� to be prov*ided for through an underground pipeline to be constructed by others; and S11111 it will be necessary to tnx��',.'tain, service and subsequently c��11111&11111111mect til said pipeline E o flume to tune Grantee; NOW, THEREFORE, m consideration of the benefits to be received by the Grantors, and other good and valuable constdration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-wayforniamtenance, an easement for the peration, repair,, replacement of a water main over and across the following descn'bed property. (SEE ATTACHED IT A and B) The easement hereby granted is for the P se of constructi*on and operation of a water line 0 and their allied facilities, together with their maintenance, additional comection thereto, repair and rment at the convemence of the Grantee,, with the free right of access to such facilities at any and all times. In consideration of aitowmg Grantee to perform work on and/or operate within. the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigzass, against any and all c]amns, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, chargeS5e and �enses,0 dp g all court cost and attorneys fee, andam't any and aff liability, tosses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any tn4'ne sustain or be pit to by reason or as a result of Granteeerforming, working on aamnd/or operating within the herein above descnbed parcel; provided. that therx-6es are not caused by the negligence or other breach of legal duty by Grantor., Water Main Easement Page 1 Ponderosa EASMT.WTR.doc TO HAVE .AND TO HOLD,, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. ITIS EXPRESSLY UNDERSTOOD AND AGREED, b Y�l and between the parties hereto, that after making repairs, performm*g other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that event prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area desen'bed in this easement that was placed there in violation of this easement. TIM., GRA,1'I'QRS hereby covenant and agree that they will not place or allow tll) be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described dor this easement, which would interfere with the use of said easement, dor the purposes stated herein. T'BE GRANTORS hereby covenant and agree with the Grantee that should any part of the right -of way and easement hereby granted shall become part ot or lie within the boundaries of any public street, then, to such extent, such sight -o€ -way and easement hereby granted which lies within such boundary thereof or which t*s a part thereof, shall cease and become null and void and of no fiwther effect and shau completely re3i benquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the rementionedand described tract of landand that they have a good andafo lawfultoright convey said easement, and that they will warrm., and forever defend the title and quiet possession thereof against the lawfiil cans of ail persons whomsoever. IN WITNESS WHEREOF, the Said parties of the first part have hereunto subscribed their signatures the day and year At herein above written. Water Main Easement Page 2 Ponderosa EASMT.WTR.doc FROM : 7r1 County (','.,.._..,eying PS4EQtNO10 :299 365 Sim( ..; dw T County SurveAng, Ime. on EXHIBIT a Revised Water Eas ant Description %; I'M 'a-= 41 � �r=j 4 U� * ftI U:� I -I r JUN. 29 2001 e3:23Pn Pa yob No, 00,,096 3 ,lune 29, 2007 A 24.00 foot water tine easement under, over rind across a portion of Government Lot 2 of Section:3, Township 3 North, Range 1 Wout, Doise Merld;an, Ade County, Idaho, lying 10,.0 0 feet as c h a i d e of the following described I I n e: Commencing at the southwest corner of Government Lot 2 of Section 3, township 3 North, Range 1 West, Heise Meridian; The n ce South 8 9°0 1' 5 0" Feat, 5 50. 00 feet, along the south gine of spin Govern m a nt Lot 2; Thence North 00*58'10' East, 61.07 feet; Thence North 00"00"00" East, 75.53 lest to the True Point of Beginning; Thence North 89'32'23" West, 48.84 feet; Thence North 00'27'37"" East, 28.00 feet -P thence North 12140" Es 38.17 feet; Thence North 00°00'00" fast. 224.o99 feet; Thence North 47°27'29" West, 153.67 feet to a point referred to hereinafter as Point "G"; Thence North 42°32'31 " Est, 38.26 feet to e point referred to hareinaftior as PoInt "A"; Thence continuino North x2`32'31 " East 23.48 feat; Thence No rth 00°27'3 7" East, 123.82 feet to a point referred to herellinof ter Pis Poing "B"; thence continuing North 00°27' 37" West, 100. 00 feet; Thence North 4 7 °OQ'40" Wo sto 3 6. 95 feet to a poi t referred i o h ere"I't n a fter as Point Thence continuing North 47000"00" West, 22.28 feet; Thence North 89"32'23" West, 129.p0 fest to apoint referred to hereinafter as Point "D"; T h o n c a con2lnuing North 8 9 °3 2' 23" West, 244. 6 7 feet to s point referred to hereinafter as Point "H"; Thence North 00"27'37" West, 194,56 feet to the terminus of this easement,. Also cammancir�� at Paint "H" described �l�ove: Thence So uth 0 0 ` 27'3 7" Wept, 6 1. 00 feet to a point referred to hereinafter h6 Point "E Thence continuing South 00°27'37" West, 26.59 thence South 44 ° 3 2'23" E ast 34.38 &etr Thence South 00 ° 2 7' 3 7" West4r 188 . 16 fThence South 46°F8'54" E8t, 82.74 lent to a point referrer! to hereineiter as fiQint "�F Thence cnntinuinp South 46°56'b4" East, 81 .60 teat; Thence South 89°32'23" East, 747.7$ feet; Thongs North 42°32'31" East, 126.58 feet to Point "G" doscribed above.. And nloa commencing at point "A" described above: Thence South 47"27'2S^ East, 3p#00 foot IQ the term"llus of this easement, And stns commenc"�a &�L Po1�t "B' described above': Thence Narth 8 9 ° 32' 2 3" West, 96.OD feet to the terminus of this easamvnt. And eine commE,dh ncing at Point "C" described above: thence South 43*�0'QO" West, 2 3.0 0 feet to the terminus of this 089emeni. And 8180 commencing at Point ' Q' described above: Thence South 00°27 ' 37" Ease, 58.w44 feet to the terminus of this easement. And ntno commencing at Point "E described above; Thence South 89°32'23" Eastir 23.69 regi to the terminus of this easemvnt. And Wise CommenrInp at Point "F" descr{bed ahnve: Thence South 4,5627137n Westp 22.00 feet to the term inus of this easement. The limits of Bald ea8arnents shat! 6e extended or a�ortened 8t the beginning., te mus and all angle paints, so as to make for e continuous and uniform Wd1h cif acccrss throughouf. This grant of easement sh911 ruts Vyft ffie land and shad be ;app urEenant to the I�r�d benefitted by this easement. This easement shell be perpertual, shall be b*Mdng upon and shaA inure to the benet of the Parties to this agraen,'tent, their respective h 18[Mo succ*ssors or assigns. 1jL 'S4%2 6 70 3 No. Wim wh fn9ton Aver., P.0 D*+r 917 41 E-!rrt+nM n,1a �g�T,? �' phone: c � 3MI1470 Fax. ��� soa�eeo JUN 29 '01 16: 12 0 0rC7 M � GRANTOR.0 Secretary STATE OF IDAHO County of Ada SS } On this I 44rlp% day of Aux �, 20 � 1 , }�efore me the imdenogned, allo tary Pub �c i.n and for smow'aid State, personally appeared C t, Vft is+,nC. A V% let� and , known or identifle d to me to be the President and Secretary, reqectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. SS WBEREOF,, I have hereunto my hand and affixed my ofEc seal the day 91 *0 Sh :11r ve vwwmnnne n0�. ek AO 4MV%j 48op Now ROP" y wegoor 70am a isow06,* a PUB 0 yOY 1%0:11 CITY OF MERIDIAN Mayor William G. Approved By City Council On: 0111111�t NOTARY PUBLIC FOR IDAHO Residing at CIOL 0 -0J44( kL Commissiondo Expires: a7, cm bo 3 Water Main Easement Page 3 Ponderosa EASMT.WTR.doc UST EC p J. [):t�YIO NAYARRO a,n I C 4,0 At &4 )-% 'D;% F4f3 A r e : .2001 AU 30 PM 1* 30 RECORDED"RE FE DAF 1a1089249 / 0 UtYtTAI N Vt t --,OW t I (a H- 5 C H--- cc L WATER MAIN EASEMENT 0 THIS INDENTURE, made this 141 $40": day of�� 20 0 � between ��l nT 311111111�� ( OL ` Is r��e parties o,f the,first part, and hereinafter called the Grantors, and the City of tlileridian, Ada County , Idaho, the parijill,Y of the second part, and hereinafter called the Grantee; WITiNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter pari cularly bounded and described; an d WHEREAS, the water main is to be provided for through an underground pipeline to be constructed bY others; an d WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, i'mn consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant an convey unto the Grantee the right-of-wayor an easement for the operation,, maintenance,repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A , B- 1, and B-2) The easement hereby granted is for the purpose of construction anoperation of a water line and their allied facifacilities,together with their maintenance, additional connection thereto, repair nd replacement at the convenience of the Grantee, with the free right o access to such facilities at any and all times. In consideratian of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to m'demnify, save and hold harmless Grantor, it's IP successors and assigns, acrainstany and all claims, suits,emands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including alb court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee. erfo=nc:,,, working ori andlor operating within the here in above described parcelrovided that the damages are not c sedne Y the gligence or oilier breach of legal duty by Grantor. Water Main Easement Page 1 EASMT,,WTR.doc Y• .f t S h T TO HAVE AND TO HOLD, the said easement and n'mght-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, 1)v ;m�d between the parties hereto, that after makinZ� repairs,, performing other maintenance or making subsequent connection to the wafter line, Grantee shall restore the area of the easement and adj acen t property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repainn9re lacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-I&Ofway and easement hereby granted shall became part of, or lie within the boundaries of any public street, then,, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become 1b null and void arzd of no further effect and shall be completely relinquished. THE GRA.NTORS da hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey, said easement, and that they will warrant and forever defend I], e title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WETNESS WHEREOF, the saiparties of the first part have hereunto subscribed theid r signatures the day and year first herein above written. Water Maim Easement pale 2 EASMT..VVTR.doc ONftm ()0 rs ooh t L ca t) to m 0006666-6666&+ VLM n. 045.zoo. oaAF - of .04 F6 jel L 1 11 w � I .SVM 131N1 'N 'F I er X •� r OrI % � 43 z N V)NFLM %" N!P t Joeip4;0 CL C�h 00 w eel Ch m d-9j� + Is" Foz TMVP '"ALr 2:1 o la101 3.dCh2WOM w z _ lrm% P. ` * - I � I LU _ 6Q CY) )t it � i to .9; Lij k 6 , CL � MCL I t L ca t) to m 0006666-6666&+ VLM n. 045.zoo. oaAF - of .04 F6 jel L 1 11 w � I .SVM 131N1 'N 'F I er X •� r OrI % � 43 z N V)NFLM %" N!P t Joeip4;0 CL C�h 00 w eel Ch m d-9j� + Is" Foz TMVP '"ALr 2:1 o la101 3.dCh2WOM w z GRANTOR:0 'resident Secretary L STATE OF IDAHO ) S5 County of Ada } 0F1 this F`'��k day of 4ULC'nctst' _ 2 0 0 1 _ hp-fn-rp- n,P the nnrinrcinad a Mntarcr Public L/ 5 9 ""'X and for said State, ersonally appeared C k 0,15-4; V, c poylKlell and 16 �SG ,known or identified to me to be the President anti Secretary, respectively, of thecorporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 1N jNITNESS WHEREOF, I have hereunto sed my hand and affixed my official seal the day 4,year ' fiist above wntten. 40*- 0 ## 44 w �r 0 � s PU BIJ at 'e 0-F GRANTEE. CITY OF MERIDIAN t t Ro b) t D. Co 'e Mayor f clot ti EJM Ap Attest by Wi"Iliam G. Ber C' A ro�� dn' 1 ��� el� fin. I� NOTARY PUBLIC FOR IDAHO Residing at � Gi,t xwc. ,\--2 Commission Expires: A q� d003 Water Main Easement Page 3 EASMT.WTR.doc PERMANENT WATER PIPE LINE EASEMENT Across Lot 5., Block 1 of the Resolution Subdivision No. 1 Being a permanent easement twenty feet wide, 10 feet each side of the following descri*bed centerline line. All easement sidelines being prolonged or shortened to conform Wi*th the Grantor's property lines. Said permanent easement being situated in the NW 1/4 Section 2�, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada Courtly, State of Idaho, more particularly described as follo�snrs: Commencing at a brass cap at the Northwest corner of said Section 20f.6 Thence along the northerly line of said Section S89052fl9"E, a distance of 26' 6.36 feet to a brass cap at the North Quarter corner of said Section 20-s Thence SOO'24'16"W, a distance of 849.14 feet to the northeast corner of Lot 5 Black 1, o.f said Resolution Subdivision NOV l; Thence along the northerly line of said Lot 5, N8q �52'I9"W, ad,"'"'"lance of 1012.07 feet to thecenterline of said permanent easement and also being the "Real Point of Beginning." Thence SOO'00'00"'E, a distance of 608.08 feet; Thence N54°10'37"W, a distance of 3 5. 90 deet; Thence S35'49"23"W,, a distance of 46.41 feet; Thence N3 5°49'23 "El a distance of 46.41 feet; Thence N54° 10'3 7"W, a distance of 22 7. 9 6 feet; Thence N76040'37'7W, a distance of 103.24 feet; Thence S80'49'23"W, a distance of 74.49 feet; Thence S 5 8° 19'2 3"W, a distance of 2 8. 73 feet; Thence Se3'0 0 5 9 "22 "'E., a distance of 27. 11 feet; Thence N30°59'22"W, a distance of 27.11 feet; Thence S58 ° 19 '23"W, a distance of 45.77 fejt; Thence S35049'23"W, a distance of 74.49 feets� Thence S 13 ° 19 ' 23 " W, a distance of 74.49 feet; Thence S09'10 7 37 E. a distance of 28.38 feet; Thence S80'49 1 23 73 W3, a distance of 37.70 feet; Thence N800 49'23" E, a distance of 3 7.7'0 feet; Thence S 09' 10'3 7"E, a distance of 46. I i feet; Thence S 3 1 ' I O'J' 7""E, a distance of 74.4 9 feet; Thence S54'10'37"E. a distance of 392.82 feet; Thence N.n35057'04"'E,, a distance of 364.20 feet; Thence S35057'04"W a distance of 36.20 feet; Thence S54 0 10' 37" E, a distance of 140.08 feet; Thence S 3 5 14 9'2 a distance of 13.'&?.#.50 feet; 100052/legal/water.doc City of Meridian, ID Easement Descriptions Exhi0 bit -A Page 1 of 2 Thence 569°34'23"W, a distance of 76.8'0 feet*, Thence N69c34"23"') E. a distance of 76.80 feet; Thence N3 5°49'23 "E, a distance of 132.50 feet; Thence S 54' 10'3 7'"E, a di"stance of 44.9 0 feet; Thence N`IIIIIIIIII"5°49'23"E, a distance of 35.58 feet; Thence S35'49'23"W, a distance of 35.58 feet; Thence S540 10' 37" E, a distance of 164.12 feet; Thence S09'10"37"E, a distance of 8,31044 feet; Thence 554° 10'3 7"E, a distance of 17 8. 03 feet; dF Thence N35049'237'PE, a distance of 30.$2 feet; Thence S35'49'2jf"'W,, a distance of 30.82. feet; Thence S 5 4' 10'3 74)'E, a distance of 1 10.00 feet.; Thence S65'25'37"E, a distance x#' 43.14 feet; Thence SOO °05'38"�I, all distance of 119.96 feet; Thence S89'54'22"'E, a distance of I2.58 feet; Thence N89°54'22"W, a distance of 12 .5 8 feet; Thence SOO ° 05' 38" W, a distance o AF 193.47 feet; Thence S22"j5'38"'W, a distance of 34.57 feet; Thence N22'3 5'3 8' a distance of 3 4.5 7 feet; Thence NOO 00 5'3 8 "'E, a distance o f 193 .47 feet; Thence NO 0 °QS'38 " E, a distance of 119. 96 feet; Thence S65025"')7"E, a distance of 18.95 feet*- Thence S870 555 38 E,, a distance of 152.73 feet; Thence N35'49'22"E, a distance of 410.75 feet; Thence N05'1 I'l 5"E7 a distance of 94.28 feet; Thence N 17' 1 , a distance of 94.4 8 feet; Thence N39048'45"W, a distance of 79.56 feet; Thence N62018'45"'W,, a distance of 105.71 feet; The.nce N84°48'45 "W, a distance of 22 5.36 feet; Thence S04056'25"W, a distance of 40.77 feet:* Thence N04"56'25"E, a distance of 40.77 feet; Thence N84048'45"W a dist ance of 178.51 feet; Thence N54' 10 " 3 7'5W, a distance of 20 8. b2 feet; Thence N35'49'23"E,, a distance of 33.64 feet; Thence S35149'23"W, a distance of 33.64 feet; Thence N54'10'57"W a distance of 125-.00 fleet to the point termination of this easement. See attached: Exhibit B-1 and B-.2 M 100052/legal/water.doc City of Meridian, ID Easement Descriptions 1 � � A AP 'q i 'Fi t �r Y ~ Ir LI ' +A kqr.� Exhibit -A Page 2 of 2 Z;rl-1191T B- 1 E. OkEl?ZAND RCkO S 89d'5 2" 1 E 2656,36' IP,L'�5OZ 11TION 5 lzgLl?. No N $9`52'19" W i C1I 7.n7' Ni 14, nr;- SEC* 20 3: 4- V4 cO I b 0 fln i mmmmmw-o Ra Ei T T i Is f f� f� L 5 r .1 S T S T { z;l(11=1191T 9-2 LI N E TABLE ..LINE 1 LENGTH BEARING L. 1 35.90 N54410137"w L21 46.41 S35*49'23"W L3 227-496 N54 a 10 $ 37 w L4 103.24 N76"40'37"W L 5 74.49 S80 49 23 W L6 28.73 S58' 19 23 1N L71 27.11 S30'59 `22 E L8: 45.77 S58' 19 23 W L9 74.49 S35'49'23 W L101 74.49 S13 IS 19 1 23 It W Ll 11 28.38 S0916 1 0'37"E Ll 21 374P70 580'49'23"W L13 46-011 Sg9'�0`37'E L14 74.49 531'40'37"E L15 392.89 list1D'37"E L1 fi 36.20 N35'S71 0413E L77 14Q.08 S5401037"E L18 132.5Q 535'49'23"W L1 9 76.80 S69'34'23"W L20 44.90 S54' 10'37"E L21 35.58 N35'49'23"E L22 _64.612 554' 7 0'37"E Ll N LENGTH BEARING L23 83. 44 S09* 1 0'37"E L24 178.Q3 S5 4'1 0'37"E L25 30,,.82 N35 49 23 E L26 110.00 S54'1037"E L2 7 43. 14 5fi5'25'37°E L2$ 119 96 S L29 12.*58 S89 54 22 E L30 193.47 .. ... ..... 500'05'38 "W L31 34.57 S22'35'38"W 18495 S65 25 37 E L33 ----L34 152.73 S875538 E r 41 0.75 N35 49 22 F L35 94.28 N05'i 1'i5"E L36 94.4$ N17'1$'45"W L37 79.56 N39"48'45"W L38 105,,071 L39 225.36 N84'48'45"W L40 40.77 S040563 5"W L41 178.51 N84'48'45"W L42 208. 62 N54' 10'37"W L43 33.64 N35'49'23"E L44 125vOO N 54' 1 Q'37"W J4NhF_VRr .3. DAVID NAVARRO qr%icF., 1Cn!i,"l 2001 AU 3 0 PH 1.9 3 0 'OrOCORDEQ-REQ U S T OF 101089248 AC(AVITAIN C,..vj 'Wpoi & t4 5cHorvol -,low SANITARY SEWER. EASEMENT THIS INDENTURE, made this11 � d0 ay ofr��u�0 D� betwcen701Af ITAI 11� 11 O''brA he parties of the first part, and hereinafter called the Grantars, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called �tlxe Grantee ; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer ribht-of way across theepr and property herei MI ses nafter particularly bounded azzd d�sczibed; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it wil! be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good ari I valuable consideration,, the Grantors do hereby give:, grant a.rzd convey unto the Grantee the n ght-af-way for an easement for the operation azzd maintenance of a sewer line over and across the foIiowing described property: {SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer tine and their allied facilities, together with, their maintenance, repair and replacement at the convenience of the Grantee, with the, free .right of access to such facilities at any and all times. In consideration o OwIng Grantee to perform work on and/or operate wit n the said described parceI, Grantee expressly agrees to indemiiify, save and hold harmless Grantor, it's successors and assigns,, against any and all claims,, suits, demands, actions, debts, injuries to persons, and damages to property,, damacres,gcosts, charges, and expenses, including alI court cost and attorneys fee, and against any and all liabi lity, losses a nd damages o f any nature soever, the "Damages" that Grantor shall or may at any time sustain or he put to by reason or as a result of Gr(11eeIrfoImlng, working an and/or operating within the hers in above described parcel; provided that the damages aze not caused by the negligence or other breach of legal duty by Grantor. Sewer Maia Basement page I EASMT.SlhR.doe S TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee., it's successors and assigns forever. ITIS EXPRESSLY UNDERSTOOD AND p AGREED, and between arties hereto, .. that after making repairs or perflorming other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenanca, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere With the use of said easement, for the purposes stated herein. THE GRANT ORS hereby cflvenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie vn'thin the boundaries of any public street,, then, to such extent, such righto,,Iffway and easement hereby granted which lies within such boundary thereof or which i*s a part thereof, shall cease and become null and void and of no finther effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of tt�.e aforementioned and descnbed tract of Iand, and that the,y have. a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the IawfuI clai"'Ms of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto su�iscz�bed their signatures the day and year first herein above written. Sewer Main Easement page 2 EASMT.SWR.doc GRANTOR: Secretary STATE OF IDAHO ) S$ County of Ada On. this 1��'` day of � S+ , 20ot , before me, the undersigned, a Notary Pubicin and for said State, P ersonally anneared Cyr►�{''►,�ENMEN"G `�A►n�►ct4 and�a�' iqV1L 7p, 56L ,known or identified to me to be the. President and Secretary, respectively, ofthe co oration that executed the within instrument, and acknowledged to me that such corporation executed the same. �t�#�,�r�I�TNESS WMERE OF, Y have hereunto set my hand and aff xed my official sial the day � qkd ist above written,, or V s �OTAR� ' '� R � ll � �,,,..,.0 NOTARY PUBLIC FOR IDAHO w in * ;� % PUBLIC' : c A10 WA �p Residing at •Ir % °�o•�,. +��Commission Expires: �Oo310^-- 1 '1111111110% GRANTEE: CITY QF MERIDIAN Corrie, Mayor 4 Attest by William G. Beif,, Ci*tyrCierk Approved By City Council On -w Sewer Main Easement Page 3 EASMT.SWR,doc PERMANENT SEWER PIPE LANE AS M NT Across Lot 5, Block of the Resolution Subdivision. No. 1 Being a permanent easement twenty feet wide, 10 feet each side of the following described 0 1& centerline line,, All easement sidelines being prolonged or shortened to conform with the Grantor's P roperty lines. Said permanent easement being situated in the NW 1/4 Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at a brass cap at the Northwest corner of said Section 20; Thence along the northerly line of said Section S89*52"19 E. a distance of 2656,636 feet to a Brass Cap at the North Quarter Corner of said Section 20; Thence 500°24'16"W, a distance of 849.14 feet to the northeast corner of Lot 5 Block 1, of said Resolution Subdivision No. 1; Thence along the northerly line of said Lot 5, N89'52"19"W, a distance of 1033.08 feet to the centerline of said permanent easement and also being the "Real Poing of Be�,nnnin ." Thence SOO'00&'05"'E, a distance of 606.53 feet; Thence N54'10+'37"W, a distance of 320.19 feed; Thence NOO'00-'OO"E, a distance of 51.36 feet; Thence N89'52"19"W, a distance of 277.21 feet; Thence S89'52"19"E, a distance of 277,,11 feet; Thence SOO'00'00"W, a distance of 51.36 feet; Thence S54'10d"37"E, a distance of 320.19 feet; Thence S54c'10-'37-"E. a distance of 352.63 feet; Thence S84'48"45"E, a distance of 178.25 feet to the point of termination of this easement. See attached: Exhibit B 100052/legal/sewendoc City of Meridian, ID Easement Descriptions /t%� -e F Jt J.06 r. r S •� L .f PL f ■ ■ ■ + f r e ■ -+� f �. %t �ti i 'r FAL �fi� LII- i.5 r i <III;V i qkJr ' i t f %VY Exhibit.,,,A Page 1 of I ��)H/B/T B OPERL4NDROM9 1 4 CORA NW CORY s so 52119A E 265B,36' 20 at ■ SEC. 20 T3N Rl E 13*M, PL4 �54 9Z TION 5 19z 9. No r � � i i �fi iiiiiif �o7 � qw m wop W*� dmd*ovi& m N 895 1 W 1033,0811 iii}i jik TW M i i *6m&M*P* i i WFArlmb. i i iii ! *F i ii i iT�.�TI o1w i i• i Emlb!* Tl wr i ii i i I Lnr NOMI C E 1 M � # N89*52"19V 277.11 A. T A16 I b 1 Alp r I 7 i 45 NOE 8,25 /1? 75OZ ITION 94F 1 OT 5 9z oc/f M 1 ti y � y � y � � 1 t � M # M 7 i� ■ ` 1 7 � i ammommlo mop qw d W& mmm*aww w Am &M 4w f milo HON 1[1%T)7ES]ME1%ff COMPANY COMMERCIAL SPECIALISTS •DEVELOPERS ' INVESTMENTS August s, 2001 Gary Smith City of Meridian 660 E. Watertower Suite 200 Merldiam,5 Idaho 83642 RE: Lot 3 , Block 2 of HONOR PARK SUBDIVISION NO, I Dear Gary: (208) 3431111111111111111117514 Box 828 BOISE, IDAHO $3%O1 FAx (208) 343.,,7515 We agree to sell this lot to the City of Meridian for $8, 8x0. I will order Title Insurance from Pioneer Title Company. We will have Janet Blosch close the sale at their office at & State Street, Boise, Idaho. Please advise as to when you will be able to close.. Sincerely, HONOR PARK SUBDIVISION Wm. A. Hon I hereby accept the above and will be ready to close by September 8, 200 I . dF Gary Smith City of Meridian Please return 1 copy to my office. cc: Janet Blosch 1 r { ■ ti, � C• y t % a % S L r i 1 ■ r f J r ■ r } • + .'1 % % } r + J 1 . r + i t ■ r a J { .0% % ti rL 0 F � tidN(l : k r ' r IF ti % , r ON � ■ r i % i f T ■ ■ J SZ -000t 'PfF9Z3 a J • � r f ' 1 r ■ *r r % L + 9Cc i • * , J S. L 1 7 7 IN d 0� dE tp 00002 L O 1 + 3 - r i i } IF • 1 r � I % r t F r• II i i r i . , 3:e r% r- i _ L 1 co J U 0. 9 F r at_ �++ r r ■ i Z ■ rFINI •F 7F } i i it v # ; r II.+4� + • .0 �11 rD 1% IF I W h + ' i • r ti rd r 1 0 a vi Cf *+� :1 ti r - �+ 1 y . f a n cv + + f ti } L +a � � + F a 1 • Cy r r L v r S + ti ■ ti 1 ` r 1 0 L• T } r a r 1 ti � r r r _ r• C14 - r ti < % i a r r 1 T L ONMEEMP 41 % F < i -0 r"6 ` + � + i r � JL t V), �r t } r IN. r 9 C) L r I + i 0' 1 ' ' + J ■ r � F 1 1 r + J + C14 ' R { t + r r ` � r t ,C* r f 1 ■ { � + ' ti i a 'T ■ r. r r r � ' F ' �� T ti I r t cv %Lo Cq + ' � r Z- Fmmp + 1 J + 1 + J % + ■ T� OL + IN.a • , L + { r r ' CD rr W, I F i r i + r ' 00 • r IN. 0} ■ r ■ S ■ r ■ + i r a i C) Cq le a I IN. CO ■ % r ti0 + z ■ a % - ' r � , r r f t � � F • ■ - - ■ r r IN. r • r f C) ` IN. r ■ J • 1 T f 1 i r r i < % r I I r r L� �� (n } (9 L0130 9 L'PON I N3 Vi na S, -N 1) % T 1. IV8 V1 311H iH913 cv qp r CD %9 - w % LmRN1717 r 4le m wo-v 92Z .0 Lo s 00 4'OZ L T oo*oz 3 CO 0+ LI • 900 R ra L • •• 1 • • y T�TTr TT�Tr•7 ,T I•TI ■ . Ta. . i V. � rr r� r i - •- - - - � �� � � � •�T L Lii .. .ii LL. Y r'y r �, Y rY Y is iL �. t + A< 0 Cq i CD < CD LLI 00 *oz O!C oc i� L zw 1100 *9C cs I N3 NIS V3 V.11 K fw In1XJJ&3 W .1 n I t t I To ; Mayor Corrie From; Brad Watson, P.E. CC:File, Gary Sm*fth, PE, City Clerk 1% oma: as/1s/o1 Re: Proposed �genda ft em for August 21 City Council Meeting The Public Wo�fcs Department respectfully requests that the follow'ng item be placed an the August 21 City Council agenda, under Departme�# Reports? for CaunciE's considera#ion: 1) WVTP Master Serve — reernent for Professional Services. This agreement is for CrV1*1 Survey Consu ftants to field survey the entire wastewater treatment facility site and existing improvements. They will del'i'ver to us both haul copies and electronic Autocad files for our use,, This i-Pnfom�ation will be used as part a� the FY 2002 Facility Plan Update project and other s aller projects that Public Works designs "in-housep. A copy of the agreement, including comp ete scale of services, is enclosecf. Recollunended Council Action.. The Public Works Deparbiwnt recommends that City Council accept the agreement wiii� ciivvil Survey Consuftants for the WWP Master Survey and authorize the Mayor to sign and the City Clerk to attest the agreement. 2} 2GOI Fire Hyrdant ReLacenvntP Pm' ect —Award of Contract. The Public Works --- RIP Department obtained bids #or replacement or installation of nine fire hydrants scattered around the City based upon the Water Departments recommendation. This is part of an annual 111111 11 and repair program. A copy of Staff Engin�er Len Grady's bid analysis is enclosed. 41 Page 1 Recommended Council Action,, The Public Works Department recommends that City Council award the contract for the 2009 Fire Hydrant Replacement Project to Bitterroot Construction in for $28,900.00 �@����of: and authorocze the Mayor to sign and the City Clerk to attest the agreenrwnt spa W& a, PZ City Engineer MarkHm Puma works Dqxrmmt 66l} E Watertown LmrI Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (20 8) 8 87- 1297 b@Mmeridimid,us 3) WWTP Clarifier No, 3 R e*vcoatin reementfor Professional (inspection Services. This agreement will provide for a certified coating inspector to oversee the reftcoafing of the scraper mechanism in Clarifier No. 3 at the wastewater plant,, This project will bid August 22,, Dave Jahn, dba as Inspecfion Consulting Services Inte atonal, W'111 provide inspection, for the duration of the project on a time and materials basis not to exceed $2,440 . A draft copy of the agreement is enclosed. Recommended Council Action: Tire Pubtic WarkS Depa imnt mommends that City Council accept the agreement with Dave Jahn, Inspection Consulting Services Intemational, for professional inspection services of the WVffP C wr No. 3 Re -coating Proj*ect an a time and materials basis not to exceed $2,,000 and authorize the Mayor to sign and the City Clerk to a st the agreement Thank you. Please contact me ifyou have any questions egarding this idem. * Page 2 MEMORANDUM to& Brad Watson, PE Cc. File from: Len Grady� re: AwR - 200 I Fire Hydrant teplacemen and New Installation dates. August 16, 2001 Bids were received August 8 for the project listed above. Three bids were received for the project. The bids for the project are: Bitterroot Constction, Inc, $28,900.00 -Low Bid Star Construction $31,544.00 Paul Construction, Inc. $37,660-000 The bid from Bitterroot Construction, Inc. i s conforming and is the low bid. I recommend the contract be awarded. to them. If awarded, the project should start the firstP art of September and co mpeted by the first part of October. hAProJects\wV29ft,ofire hydranMward memo.doc from the desk of.., Lenard Grady Sta ff Engineer City of Meridian 660 E. Watertower, Suite 2D0 Meridian, Idaho 83542 (208) 898,w5500 Fax: (2{}8) 887-1297 �� IL SURVEY CONSULTANTS, INE AGREEMENT FOR PROFESSIONAL SERVICES Project No. 0 103 7 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Id o Corporation, hereinafter referred to as "CSC" is made and entered into this day of , 2001. The CLIENT and CSC i4n consideration of their mutual covenants herein agree as set forth below. The Client desires to obtain a Master Survey of the Wastewater Treatment Plant Site, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; alI design criteria,, information as to CL'iENT's requirements for the PROJECT, survey objectives zmd constraints, capacity and performance irenuirements, flexibility and expandability needs, any budgetary (imitations, and copies of all design and construction standards, which the CLIENT will require for the project,. The CLIENT will also provide to CSC all associated project information including data prepared by others and other sPecial data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will contact Di'gline or other utility marking entity as well as their awn staff to mark an the ground any and all utilities needed to be shown on the final drawing. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide the fallowing generally described services under this Agreement: of Services. BASIS OF FEE AND BILLING SCHEDULE See attached Scope The Client will pay CSC for serivces provided under this Agreement as follows: Payment on a monthly basis when billed with an estimated cost Not to Exceed of $12 000.00 without written approval from the City of Mendian. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. IN WITNESS WHEREOF, the parties hereto slave executed tl�.is Agreement as of the day and year first above written. C ity of Meridian: 200 E. Carlton Ave. Meridian, ID 83642 BY: TITLE: Civil Survey Consultants, Inc. 100 SAdkins Way Suite I0 1 Meridi aho 8 3 642 BY: _.a� /_�, 00e ALOoc TITLE: President CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL -CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally I& accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied,. CSC shall not be responsible for acts or om.0 IP issions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC.. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractors) or for any failure of Contractors to comPY'lwith laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractors) nor assume responsibility for Cantractor(s) failure to fiarnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other war-anties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for an a time and material basis in addition to any other payment P1111111 rovided in this Agreement. OPINIONS OF COST -CSC may be asked to provide opinians of construction or PROJECT casts as part of the profess4ional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor,, materials, equipment or services furnished by others, or over the IP Contractor(s)' methods of determining prices,, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cast are based on CSC experience and represents CSC's judgrz�ent based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires itional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT rerequest that CSC modify any PROJECT aspect to reduce construction costs,, then those services shall be considered additional and beyond the scope 111) f this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - SC shall retain an ownership i nteq" �f atl professional products prepared by CSC. The CLIENT agrees to indemnify and ho Id CSC harmless from any claims, damages, losses and expenses arising from the reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW -Unless otherw't'se provided 1"n an addendum,, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement,, SUCCESSORS AND ASSIGNS -CLIENT and SSC each is hereby bound and the partners, successors, . executors,., administrators and legal reprEb.sentatives of CLIENT and CSC are likewise bound to the other party to this Agreement., in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement snail be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be dor the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party,. 4 TIMES OF PAYMENTS -CSC shall submit monthly, statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. I� CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSC's statement therefore, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may', aider giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATIQN The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial Zack of performance I*s through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos,, Hazardous materials may exist were there is not reason to believe they should be present. CSC and the CLIENT agree that theyiscoverof unanticipated hazarious materials constitutes a changed condition mandat'i"ng a renegotiation of the scope of work or termination of services,, CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary forCSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety o f CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional dP cost of such work. In addition, the CLIENT waives any claim against CSC., and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or sus ected hazardous materials. The CLIENT also agrees to compens e CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensate' f to be based upon CSC's prevaiti('- fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - Al[ claims,, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation. or other mutually acceptable alternative dispute rimeolution technique shall dF precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS,,, In the event that legal action is brought by either party against the other, the prevaili0 ng party shall be reimbursed by the other for the prevailing party's legal costs, in addtion ito whatever other judgments or settlement sums, laf any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or der employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interro8atories, arzd s o on. The value of t ime spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee scl-iedule and expense reimbursement policy relative to the recovery of directP ro"Ject costs. EXTENT OF AGREEMENT -This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements., written or araI. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. (` SCOPE OF SERVICES (` FOR CITY OF MERIDIAN, IDAHO WASTEWATER TREATMENT PLANT MASTER SURVEY The City of Meridian, Idaho desires to have a Master Survey of the Wastewater Tre ment Plant site located at 3401 North Ten Mile Road. Work to be provided by Civil Survey Consultants, Inc. associated with this project is as follows: 1.6 Research county records and obtain copies of recorded deeds of the adjoining properties. Earlier surveys conuctded by Civil Survey Consultants, Inc. has discovered a discrepancy with the southerly boundary of the WWTP as described in a Title Report furnished by the City of Meridian and the deeded right-of-way for Five Mile Creek. 2: Provide field surveys necessary to determine the boundary lines of the WWTP site, establish corner monuments at the comers of the property n.d,,,, prepare and file a Record of Survey drawing per Idaho Code,, 3. Establish eight additional onsite control stations for use in fixture ex pansion and construction activities on the site. These control stations will be brass cap monuments set ion a concrete filled 2"1" iron pipe set firmly in the ground and extending two feet below the frost line., The dI station name and elevation will be stamped on the brass cap for easy identification. These control stations will be tied into the Ada County Horizontal and NAVD 88 Vertical Datum's. Control field sys will be performed using Trimble 4R11110 GPS Receivers as well as conventi*onal leveling and traversi*ng methods. 4,1 Provide field surveys needed to locate all the, topographic features of the developed and undeveloped portions of the site such as buildings, trees, shrubs, fences, utility poles and plant facilities. Spot elevations on a 100 foot grid in the undeveloped areas and a denser grid as needed 1"n the developed area will be taken for use in creaftng c o nto urs Underground utilities and piping marked on the ground by others will also be shown as tied. Structures and plant Facilities will be shown as a footprint of the exterqh ior walls. An as -built survey detailing such items as inside of buildi"ngs and mechanical features of clarifiers, aeration ponds, etc. will not be done. Topographic field surveys will be performed using Trimble 480p GPS Receivers as well as conventional Ieveling and traversing methods. 5. Prepare a drawing of the site showing the topographzc features, control stations, contours at one naafi intervals and the boundary lines around the parcel. Provide a hard copy on mylar as well as an electronic file in Autocad R. 14 or 2000. CONTRACT BETWEEN CITY QF MERIDIAN AND INSPECTION CONSULTING SERVICES INTERNATIONAL This contract is made and entered into tws day of August 2001 , by and between the City of Meridian Ihereinafter referred to as the Owner and Engineer), and Dave Jain, dba Inspection Consulting Services International (Hereinafter referred to as the Consultant)4, SECTION I TERM 1.01 The term of this contract wig commence on start of the WWTP Clarifier #3 Coating Project, which is esfimated to start on September 14, 2001 and end on the completion date, which is estmaated to be sixty (60) days, unless tm-.1111nated pursuant to Seefion 12 or Section 13 below. SEC ON 2 DEFINTIONS 1.2 Wards, terms, and phrases,, which not specifically defined in this contract, will have the ordinary meaning ascribed to thein in the engineering pro fession unless the context clearly indicates otherwise. When consistent with the context, words used in the present tense include the feature, words in the plural number mclude the singular and words in the singular mc;luilde the plural. 24, 1 "Project" means the Waste Water Treatment Plant (WWTP) Cher No. 3 Blasting imd Coating. SECTION 3 SERVICES OF CONSULTANT 3.1 Consultant will provide basic services to Owner as necessary for the onsite mpection of the congruction of the Project as described in the Scope of Services section of Exhibit A and the Consultant's proposal, which is attached to this contract. 3.2 In connection with the services, Consultant will: 3.2.1 consult with appropriate representative of the Owner to cladfy and define Owner's requirernents for the services. 3.2.2 review available information concerning the services. 3.2.,3 identify information, which i*s not available and ts needed to fulfill the services, and apt as Owner's retres�tative in ohtaining such information 3.2.4 cooperatem0th other consultants retainetI hy the City of Meridian in the ge of information need�d for performing seryices. 3.63 Consultant will perform the services as an independent contractor in accordance with generally accepted stan s applied by professionals of Consultant's caliber. Consultant vAU be responsible for the professi*o quality, technical accuracy, and the coord afton of all services performed by the Consultant. Consultant will, without additional compensation, correct or revise aW error of deficiencies in the services that are caused by the Cons tant's negligence. 8/16/2001 Dave .TContract Paye 1 of 6 SECTION 4 CONSULTANT'S PERSONNEL 4.1 Consultant acknowledges that the Owner is rielying upon the quaUffications of Consultant's personnel, if any. Consultant has represented, and by entering into this contract,, now represents, that the Consultant is in hill compliance with the anplicable statetes of the State of Idaho relating to licensing of professional personnel and that all personnel assigned to perform services arefully q ualified to perform the services in a competent and professional manner. SECTIONS RESPONSIBILITY OF OWNER 5.61 Owner will cooperate fully with Cons tmt to achieve the. objectives of tWs contract. The Owner will provide to the Consultant complete information and criteria for performance of services. 5.2 Owner will provide all permits, products, and necessary information SEC110N 6 SCHEDULE .1 6,11 Consultant will perform the services as expeditiously as is consistent with professional skill and care. 6-w2 Consultant will provide monthly progressreports with the invoices for Consultant's services. Each report %VM describe the seryices provided since the preceding report and the semces,, which the Consultant expects to complete prior to fle nest report. SECTION 7 PAYMENT 7.1 Owner will pay Consultant a rate of $65.00 per hour. 7-s2 Total amount of contract will not exceed $2,000 without written approval from the Owner. 7.3 Owner will reimburse Consultant for expensesincurred by Consultant in performance of services. Expenses will be limitedto film and developing, office supplies, telephone service (if required), and project -related mileage not including mileage to and from thejob site.. 7.2 Consultant will submit monthly invoices to Owner for Cons tant's services and reimbursable emses within thirty (3U) days af%r the end of the month covered by the statement. The Owner will pay Connsui#ant within thirty {30) days after the receipt and approval of e4. ach Invoice. 7.3 The parties anticipate that Consultantsfees and reimbursable expenses may increase over time. Owner and Consultant will review fees and expenses prior to any extension of the contract term, and the parties may agree to mo Wfy the payment rates for any annual extension If the parties cannot agree on foes and reimbursable expenses, the contract will not be extended. 7.� Owner wii! not be indebted or liable dor any obligation created by this contract in vtotat�on of the debt limitation, its ers or State Law_ 7.05 Owner has anpropriated funds far the services that will be provided during the current fiscal year. In the event that a billing froth the Consultant is not paid within thirty (30) days, the Consultant they immediately suspend performance under this agreement, In the event that no funds or insufficient funds to pay for the services are appropriated for subsequent fiscal years,, 8/16/2001 Dave Jahn Contract Paye 2 of 6 4 Owner will immediately notify Consultant,, and this contract will tei4tunate on the Iast day of the fiscal year for which appropnations are made. SECTION 8 OWNERSHIP OF DOCUMENTS S.1 All documents prepared by the Consultant pursuant to tWs contact will be the property of the Owner. SECTION 9 INDEMNIFICATION 9.1 This sermon will apply to aU tort claims, except claams for professional liability. Consultant will dernnify, defend.,, and hold blameless Owner,, its ocers, agents, and employees from any and afl claims, actions, subrogatton, JuclgeFnens, court costs, nd ctherF(pensesre su1ting from any injury to any p erson or damage to property,, of whatsoever nature ansmg out of the activities of the Consultant pursuant to this Contract (includmg but not luted to, the acts and omissions of Consifltants o employees, agents, and subcontractors). Consultmt will not beheld responsible for damages dtu'rsolely, and proectly.xirnately caused by tile negligence or other tortious acts of the Owner. SECTION 10 INSURANCE I0.1 Consultant will,, at all times during the farm of this contract, maintain in force 10.1.1 An, tomobileinsurance policy. 10614h2 A professional liability insfuance policy. i0.2 The coverage under the automobile liability insurance policy will be equal to minimum caverage of $500,000 per occurrence (cornbined single limit dor bodily injury and property damage claims) or $500,0 0 0 per occurrence for bodily injury and �I 00,0 0 0 per occut i-taice for property damage. The professional labilityinsuranceiurancepolcy will have a combmedsingle 11*mjt, 10 or the equivalent of $1,000,000 for each claim, incident, or occurrence. 10,P.3 Certificates of insurance acceptable to the Owner will be filed with the Owner prior to the commencement of by Consultant. Each certificate will state that coverage afforded under the policy cannot be cancelled and restrictive modifications cannot be made untilleast 30 days Pn'P'or to written notice has beengivento the Owner. SECTION I I COMTLL%NCE WITH LAW 116-1 This contract mnll be governed by the laws of the State of Idaho. Consultant will perform its pbligarions under this contract in accordance with al applicable lAws, ordinances, rules, and the regulations n)w, orh ereafter in effect. SECTION 12 DEFAULT 12.61 There will be a default under tris contract if either party matenay Is to comply with azry provision of tWs contract within fifteen days after the other party gives written notice Spec)fying the bre ach. If tie breach specified in the notice cannot be completely cured without the fifteen -day period, no default mail occur if the partyreceiving the notice begins curative action within the fift n -day period and thereafter proceeds with reasonable i ce and in good faith to cure the, breach as soon as practicable. 8/16/2001 Dave Jahn Coract Paye 3 of 6 12-.2 Notwithstandm*g subsectl'on 12. �., either party may declare a defatit. oy written notice Yo the other party, without4Powng an opportunity to cure, if the other party repeatedly,, materially breaches the terms of this contract. 12.3 Pending final resolution of a dispute, or pending termination of tWs contract under this section the parties will proceed diligentiy with the performance of Ns contract, unless the Owner decides to suspend payments. 12.4 If a default occurs and it is not resolved under subsection 12.3 above, the party injured by the default may etect to terminate this contract and pursue auy equitable or legal rights m nd remedies available under Idaho law. 12.5 Any litigation arising out of this contract will be conducted in Circuit Court or District Court of the State of Idaho for Ada County. 12.06 in the event of any breach of this contract by the Consultant, the Ovvne?s cause of action against Consultant will not be deemed to accrue until the Owner discovers such breach, or should hate, with reasonable dfligence, discovered such breach However, the preceding sentence with not be construed to allow the Owwr to prosecute an actionorm"I st theConsultant beyond the maximum time UnfitationsP rovided by Idaho law. SECTION 13 TERMINATION WITHOUT DEFAULT 13.1 In addition to the right to terminate IMs contract under section 12, ea iffier party may terinume by giving tWrty (3Q) days wn"tten notice to the other party.. 13.2 Any termination under this section will be without prejudice to any obligations or liabilities of 0 either party already accrued prior to such terrrdnation. 13. 3 If the Owner tel the contract under this section, the Consultant will have the right to complete such analyses and records as may be necessary to place its files in artier and to qW protect its professional reputation. 13,04 Jf Owner tul4ininates the contract under this section, the Consultant will be paid for all fees earned and costs incurred pear to the termination date and reasonable fees and casts for actions pursuant to subsection 13.3. The Consultant will not be entailed to compensation far anficipated profits on servicesrnthat ire not perfomned prior to the notice of ternunation. SECTION 14 NOTICE 14.1 Any notice required to be given under Ns contract will be in writing and will be given by persona! delivery,wl, or facsimile transmission Any notice requirted o be given bylaw, will be given in the maser specified by the applicable law. 14.2 Notice to the Owner will be directed toqp0 Mr. Lenard Grady Staff Engineer C qk ity of Meridian 660 East Watertower, Suite 200 Meridian, ID 83642 8/16/2001 Dave Jahn Contract Paye 4 of 6 Notices to the Cons tant will be directed to Mr. Dave Jahn Inspection ConsW&g S ervices Inte onal P.O. BOX 150i Nampa, ID 83653-1501 SECTION 15 NO WArVER 15.1 Na provision ofthis contractvawillbe deemed waived unless such waiver is in writing and signed by the party alleged to have waived its rights. Any waiver o each by either party, whether express or unpUed, W1*H not constitute a waiver of any different breach. 15-.2 The Ownees review, approval, or acceptance of services or payment for services will not be construed to opexate as a waiver of any rights under this contract. SEC ON 16 SEVERABMI"17Y 16.1 If any provision of this Contract is held by any court of competent junsdiction to be MValid, such invalidity will not affect any other provisions of this Contract, and this Contract will be co nstrued as if the invalid provision had never been' cluded in the Contract. SECTION 17 MODHICATION 17.1 No modification of this Contract will be valid unless in writing and signed by all parties W nvolved. SECTION IS SUCCESSORS 18 -al The Owner and the Consultant and the respective successors, assigns, and legal representatives of each are bound by this Contract to tfie other party and to the successors, assigns, and legal representatives of the other party. The ConsWtant will not assign the Consultant's rights or obligations under this Contract or aster into any subcontracts for the Perfo ance of the services without prior written consent of the Owner. SECTION 19 ENTIRE AGREEMENT 19.1 This Cojibmdvnid the attached exi�ibits constitute the final and complete agreement of the PP IP acttes and suersede all prior and existing or oral understandings except as otherwise continued in effect by the terms of this Contract. Authorized representatives of the parties have signed in confirmation of this Contract, with effective date the day and year first above written. cry of MERII)IAN By: Robert D. Coie, Mayor Attest William G. Berg, Jr., City Clerk Dave Jahn dba Inspection Consulting S ervices International By: Dave Jam 8/16/2001 Dave JahnContract Paye 5 of 6 EXE01BIT A SCOPE OF SERVICES 1.0 Consultant Sul be responsible for field mpection services, which wilt include the following: 1. Provide on-site inspection to monitor the progress of the Contractor's work and compliance with the Construction Contract Documents. 2. Complete Daily and Weekly Progress Reports us-Png a faun to be famished by the Co Ultant, 3. Attend weekly Progress Meetings with the Contr or, Engineer, and Owner 4. Coordinate vvith Engineer to provide necessary clarifications and interpretations o f Construction Contract Documents as requested by the Contractor in the Field. 5. Review and verify quantities of work completed for Contractor's Progress Payment Requests. 6. Prepare punch list of pending items and conduct final inspection 2.D Project Communications X. When questions arise dunung field =spechon of the work as to confo ance or. non. wittz the Contract Docum�ts, Consul#a�t will i�om� the Engineer. The Engineer wiff tindetermine conformance and either communicate directly with Conractor or direct Consultant to infoma Contractor. Engineer will kmp Consultant informed of communications made directly between the Ex and the Contractor. 2. Copies of all Correspondence, Requests for �iYforma�ion. Shap Drawings, Payment Requests, and c.�ange orders wi[l be given to Consultant for his use. in the field. Consultant will be responsible far reviewing t�tis eonrespondence for upmtomdate inspection of the Contractor's work. 3. Consultant wig describe all conversations with Contractor along with his field obseryations in the Daily Repgrt. Codes of Daily Reports along with a. summary weekly report will be given to Engineer at the end of each week 3.0 Responsibilities and Limitations 1. Consultant will havetile resp onsibilifiy to observe the work' progress and take any tests or measurements as required to aid Engineer in det rmm on of conformance with Contract Documents, as described above. 2. Consultant's authority at the job site will be limited as the Engineer's authority is limited in Section 9. 10 of the General Conditions of the constriction Contract Documents. 8/16/2041 Dave Jam ContractaLyePof 6 �k* TX CONF I RMF,-. jN BEFORE A5 DF AUG 21 ' 0 1 CITY OF MERIDIAN PASE, 0 1 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, Aug ust 21, 2 00 6:3 0 P.M. City Council Chambers Illip Rall -call Attendance-.: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda. 3. Consent Agenda: Ron Anderson Keith Bird A. Approve minutes of July 10, 2001 Ciry Council Workshop: ae;�m�.e_.. B. Ap prove minutes of July 77, 20 0'1 C i ty Council Regular Meeting= aje9vrrv6e, C. Approve minutes of J u1y 24, 2001 City Go unc9l Reg u la r Meeting: �p�V� D. Approve minutes of August 6, 2001 CKY Council Special Meeting: li�np/�P"Www E. Approve minuses of August 8, 2001 City Gouncil Special Meeting: a17roWM,10 F. Tabled from August,$, 2001.4k Findings of Facts and Conclusions of Law for Approval.: CUP 09-016 Request for the continuation of a three-year C U P granted in January 199'7 for modular bukfiings in an L 0 zone for the Meridian Paseinbly of God by Meridian Assembly of God — 1830 North Linder Road: 111Z,1�6& G. Tabled from August 8, 2001: Findings of Facts and Conclusions of Law for Approval: AZ p9-003 Request for annexation and zoning of 371. 42 acres from RUT to Ft4 and Gl zones for a planned development consisking of residential, office and Commercial uses for proposed BrWg etowe r Crossing Subdivision by Pri'meland Development Company - 2424 Ustick Road: 7ezL i4oeti2ipo�. �hYu� H. Tabled from August 8, 2p07: Findings of Facts and Conclusions of Law for Approval: pp 0 1-005 Request for Msfidihn UY C Duna AgeWa -po AuguW 21, 2000 AN mPVQC I ars aft p en PlAgic meetir ON becom property c� theCrfty of Morld'i'an. Anyone desi ri nlmo�a�on fir disaMbn r�� to dmmwft a�dlorn�rir,�s. Pkwu c keit tho Ciry C Offka at 888A4kU at least 48 hours pw to tie pct mW€Dg. DATE TIME TO/FROM MODE MINiSEC PGS CND# STATUS 13 08/21 22: 47 PUBL I C WOFRKS UF ----,S 0112617 005 038 OK 14 08/21 22:09 20828625@1 EC --S 01'4211 X05 038 OK 15 06/21 22:51 E841159 EG --S 81'44" 005 03$ CK 16 08/21 22:53 208$840744 EC --S 01'43" 005 0313 OK 17 OE?/21 22: 55 2086845811711? EC --S 01'4211 60S 0313 01( 18 08121 2245? 208 89B 5501 EC --S 0!'41" 605 038 OK 13 08/21 22:59 8886854 EC—w--PS 81'41" 005 038 0{4 20 08/21 23'P'02 2083757154 EC --S 01'41" 005 838 OK 21 08121 23:0A 8950390 EC --S 01'41" 08S 038 QK 22 08/21 23:06 CHERRY LANE EC --1i 02'14' 805 038 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, Aug ust 21, 2 00 6:3 0 P.M. City Council Chambers Illip Rall -call Attendance-.: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda. 3. Consent Agenda: Ron Anderson Keith Bird A. Approve minutes of July 10, 2001 Ciry Council Workshop: ae;�m�.e_.. B. Ap prove minutes of July 77, 20 0'1 C i ty Council Regular Meeting= aje9vrrv6e, C. Approve minutes of J u1y 24, 2001 City Go unc9l Reg u la r Meeting: �p�V� D. Approve minutes of August 6, 2001 CKY Council Special Meeting: li�np/�P"Www E. Approve minuses of August 8, 2001 City Gouncil Special Meeting: a17roWM,10 F. Tabled from August,$, 2001.4k Findings of Facts and Conclusions of Law for Approval.: CUP 09-016 Request for the continuation of a three-year C U P granted in January 199'7 for modular bukfiings in an L 0 zone for the Meridian Paseinbly of God by Meridian Assembly of God — 1830 North Linder Road: 111Z,1�6& G. Tabled from August 8, 2001: Findings of Facts and Conclusions of Law for Approval: AZ p9-003 Request for annexation and zoning of 371. 42 acres from RUT to Ft4 and Gl zones for a planned development consisking of residential, office and Commercial uses for proposed BrWg etowe r Crossing Subdivision by Pri'meland Development Company - 2424 Ustick Road: 7ezL i4oeti2ipo�. �hYu� H. Tabled from August 8, 2p07: Findings of Facts and Conclusions of Law for Approval: pp 0 1-005 Request for Msfidihn UY C Duna AgeWa -po AuguW 21, 2000 AN mPVQC I ars aft p en PlAgic meetir ON becom property c� theCrfty of Morld'i'an. Anyone desi ri nlmo�a�on fir disaMbn r�� to dmmwft a�dlorn�rir,�s. Pkwu c keit tho Ciry C Offka at 888A4kU at least 48 hours pw to tie pct mW€Dg. — `.. |_.. ,,.'..Plickup P7 I C po IF ir Of 0011, Or 0 PF7 S"F f voloo Clopr Epop A WEEP lwzz IOM - IF 91 006 re qr r IP 012a"ll:oc NO .4 Nkomo it momp In 1p�pl E U h-, Lf ' f {y 4 Interoffice 11vt emorandum To: Williai-n G. Bej Froin: Win. F. Niche MAYORS OFFICE C. 1311. T Y 0 F D R I Di LW RECEIVED SSPZ001 CYN Imo' QEF N�ERiDIAN S ubject: R2 Development, Inc. for Olsen Bush II Time Extension (TE. 0 1 4-d 0 0 7) Date: September 61, 2001 Will: 0 Please find enclosed the original of the Order Granting A One (X) Year Time Extenisoll For Filing The Final Development Plan, inthe above matter. This Order i*s pursuant to the ti4mely request of the applicant, R2 Development, Inc., and pursuant 6. to the City Council's action at its August 2 1 1. , 200, meeting. Therefore, please present this Order to Mayor Corrie to obtain his signatLtre. Please forward copies to the applicant, Planning and Zoning, Public Works and the city Attorney. If you- have any questions please advise. Z:\Wo.rl4r,\NI\Merid'lan\Nler'ld'lan 153 60M\R2 Development TEO I m007\0 14r,090 601 Mem. doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER 4F THE APPLICATION ) AOR THE FINAL PLAT FOR OLSEN BUSH) YI, LOCATED NORTH OF FRANICLIN ) X AND WEST QF EAGLE RO.A.D, } MERIDIAN, IDAHO } BY: R2 DEVELOPMENT, INC. C/C 8-21-01 CASE NO. TE -01-007 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION' FOR FILING THE FINAL PLAT Th1& is matter co ming on regularly b efolre the City Council o n the 2 1 st day of August, 2001, upon the A-pplicant7s time application6. 1h fay a one (I) yearn extension within which to SUbznzt the Fii1a1 Plat, which was originally approved on August 1, 2000, as provided in § 12-3,,6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named AppldP icant is granted a one (1) year extended period of time until August 1,, 2 00 2, of this Order within which to submit the Final Development Plan Plat far t11e above entitled suUdivision application. By action o t e Council at its regular meeting on the 21St day of August, Order Granting A One (I) Year Time Extension For Filing The Final Plat (TE -4 1-00 7) I DATED this � clay of , 2001.. \) 1 Mayor Robert D. Corrie K Copy served upon Applicant, Planning and oning Department, Public Works and the City Attorney. MM City Clerlc,- Dated: qM � �l Z&\Worlc\M\Mer'l'd'lan\Mer"Id'i'an 15360"R2 Development TEO 1-007\FPTi rne Extension- 1-00 Tdoc Order Granting A One (1) Year Time Extension For Filing The Final Plat (TE -O 1-00 7) 2