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Home My WebLink About2005-02-15 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 15, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree X Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: Shari Stiles 3. Community Invocation by Pastor Robert Cutler, with Christ Lutheran Church: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of January 18, 2005 Regular City Council Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: Approve C. Findings of Fact and Conclusions of Law for Approval: VAR 04- 007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: Approve D. Findings of Fact and Conclusions of Law for Approval: PP 04- 042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boise Valley Commons, LLC - 2200 East Overland Road: Approve Meridian City Council Agenda - February 15,2005 Page I of 4 All materials presented at publie 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 8884433 at least 48 hours prior to the public meeting. E. Subscriber Aareement with Public Safetv Testina. Inc. for the Meridian Fire Department: Approve F. Agreement Eaualization Approve with Carollo Engineers for the Centrate Tank Construction Management S~ G. License Agreement with the Nampa and Meridian Irrigation District for the Franklin Road Waterline Extension: Approve H. License Agreement with the Nampa and Meridian Irrigation District for the Black Cat Pressure Sewer: Approve Memorandum of Understanding between the City of Meridian and the Idaho State Historical Society for "Reimbursable" Grant: Approve J. Amendment for Professional Services Aareement with Diane Kushlan: Table to February 22,2005 K. Agreement with JUB Engineers, Inc. for the Support Services for Existina Model Update: Approve L. Resolution No. 05-461 : Establishing Mayor's Youth Advisory Council and Adopting the By-Laws of the Mayor's Youth Advisory Council: Approve M. Resolution No. 05-462 : Adoption of Fee Schedule for Water and Sewer Users: Approve N. Resolution No. Approve 05-463 : Parks and Recreation Fees: O. Well #27 Lot Purchase Aoreement with Cherrv Lane Christian Church: Approve P. Award Bid for Well #27 Test Well to Treasure Vallev Drillina: Approve Q Development Agreement: AZ. 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Approve R. Approve New Liquor License and Beer Transfer for Kahootz Steak &.Alehouse -1603 East Main Street: Approve Meridian City Council Agenda - February 15,2005 Page 2 of 4 All matcrials 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 8884433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Police Department - Captain John Overton 1. Approve Liauor License for Eddv's at 501 South Main Street: Deny 7. (Items Moved from Consent Agenda) 8. RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: Table to February 22, 2005 9. FP 05-004 Request for Final Plat approval of 5 commercial building lots on 7.16 acres in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - west of Meridian Road and north of West Waltman Lane: Approve 10. FP 05-005 Request for Final Plat approval of 55 single-family residential building lots and 2 common lots on 14.38 acres in an R-8 zone for Redfeather Estates Subdivision No.6 by Packard Estates Development, LLC - east of North Eagle Road and south of East Ustick Road: Approve 11. Public Hearing : CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed- Use Regional for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Continue Public Hearing to March 29, 2005 12. Public Hearing: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Continue Public Hearing to March 1, 2005 13. Public Hearing: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Continue Public Hearing to March 1, 2005 14. Public Hearing: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Continue Public Hearing to March 1, 2005 Meridian City Council Agenda - February 15.2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyonc dcsiring accommodation for disabilitics related to documents and/or hearings please contact the City Clerk's Ofl1ee at 8884433 at least 48 hours prior to the public meeting. 15. Water~ Sewer and Trash Delinquencies: Approve 16. Ordinance No. 05-1133 : AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Approve Meridian City Council Agenda - February 15,2005 Page 4 of 4 All materials presented at publie 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 Icast 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 15, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ---.k... Shaun Wardle ----X-- Christine Donnell -L Charlie Rountree -L Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: F~' .w-,'U.f' 3. Community Invocation by Pastor Robert Cutler, with Christ Lutheran Church: 4. Adoption of the Agenda: apprt?w- a.{ a;n t/'J"vdt..b 5. Consent Agenda: A. Approve Minutes of January 18, 2005 Regular City Council Meeting: ~r/'<..- B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: tff~v..<.....- C. Findings of Fact and Conclusions of Law for Approval: VAR 04- 007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: ~tJV'-<-- D. Findings of Fact and Conclusions of Law for Approval: PP 04- 042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boise Valley Commons, LLC - 2200 East Overland Road: a~vU-- E. Subscriber Aareement with Public Safety Testina. Inc. for the Meridian Fire Department: ~~ Meridian City Council Agenda ~ FebllJ<IIY [5,2005 Page J of 4 AH matelials prcsented at pubJie meetings shaH become property of the City of Melidian, Anyone desiling accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public mecting, F. Agreement with Carollo Engineers for the Centrate Eaualization Tank Construction Management Services: a/f/I')::7V'L- G. License Agreement with the Nampa and Meridian Irrigation District for the Franklin Road Waterline Extension: aflf1'Y\Ov-<-,,- H. License Agreement with the Nampa and Meridian Irrigation District for the Black Cat Pressure Sewer: ~?rbVIL Memorandum of Understanding between the City of Meridian and the Idaho State Historical Society for "Reimbursable" Grant: t4l'l'r'V'~ J. Amendment for Professional Services Aareement with Diane Kushlan: ~~ ~ /7eQhe#IVl.,?- 2 2./ ~> K. Agreement with JUB Engineers, Inc. for the Support Services for Existina Model Update: af>prtw,<.. L. Resolution No. tJ? - 4--6/ Establishina Mavor's Youth Advisorv Council and Adopting the By-Laws of the Mayor's Youth Advisory Council: al'PQv<-, M. Resolution No. tflS- -1--6 Z- Adoption of Fee Schedule for Water and Sewer Users: "lr~ N. Resolution No. tJl!; - 4-63 : Parks and Recreation Fees: apj'IY'Pf/I.L o. Well #27 Lot Purchase Aareement with Cherry Lane Christian Church: ~~v-e- P. Award Bid for Well #27 Test Well to Treasure Vallev Drillina: al'~v-<-- Q Development Agreement: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: al'prt;V'-<- R. Approve New Liquor License and Beer Transfer for Kahootz Steak & Alehouse - 1603 East Main Street: ~ v"<.-- 6. Department Reports: Meridian City Council Agenda - Febll.lmy 15,2005 Page 2 of 4 All matcl;als presented at public meetings shall become property of the City ol"Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Officc at 888-4433 at least 48 hours pl;or to the public meeting. A. Police Department - Captain John Overton 1. Approve Liauor License for Eddy's at 501 South Main Street: d~ Ft.1- 7. (Items Moved from Consent Agenda) - h~ ~ 8. RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: rt%'~ Itr fi6r~d' 2- 2--/ ZPI?> 9. FP 05-004 Request for Final Plat approval of 5 commercial building lots on 7.16 acres in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - west of Meridian Road and north of West Waltman Lane: ~V'-<..- 10. FP 05-005 Request for Final Plat approval of 55 single-family residential building lots and 2 common lots on 14.38 acres in an R-8 zone for Redfeather Estates Subdivision No.6 by Packard Estates Development, LLC - east of North Eagle Road and south of East Ustick Road: Pvfl!HoV"<'- 11. Public Hearing : CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed- Use Regional for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue:_~/o ~~2-'" &;0$ ~U-<./ J'lIA 12. Public Hearing: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Co9"n/frh.,~ /J/A.. -f.p ~vh-I ~I 'h;?1?G' 13. Public Hearing: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: C~ piA fat ~~ I?" z,ppS- 14. Public Hearing: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: C~~ {'IA..- Iv> ;n..1h.~A.- I ry / U7P~ 15. Water, Sewer and Trash Delinquencies: o/~v-' 16. Ordinance No. tJ S - II J 3 AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain Mctidian City Council Agenda - Febl1.lalY 15,2005 Page 3 of 4 All materials presented at public meetings shall becomc propClty of the City of Melidian. Anyone desiring accomlllodation fordisabilities related to documcnts and/or hearings pleasc contaet the City Clerk's Ofliee at 888-4433 at least 48 hours Plior to the public meeting. West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: tief/lY77V'<-- h t? u;' CQ t-v>- ~ Ih?- ., h.. !n-ttvt.-<::- A- Z 2-- ~ J tv I h A.- H In. A/t-t/ It... Z- i e: Meridian City Council Agenda - February 15,2005 Page 4 of 4 Allmatelials presented at public mectings shall become property of the City of Melidian. Anyone desitillg aeeommodalion for disabilities related to documents andfor hemings please contact the City Clerk's Offiee at 888-4433 at least 48 hours plior to thc publie meeting. MERIDIAN CITY COUNCIL MEETING APPLICANT March 8, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of February 15, 2005 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~vY ( Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Citv Council Meetina February 15. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, February 15, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Ted Baird, Will Berg, Brad Watson, John Overton, Anna Canning, Kenny Bowers, Bill Musser, and Dean Willis. Item 1: RolIMcall Attendance: Roll call. ~ Shaun Wardle ----X-Christine Donnell ---2L- Charlie Rountree ----X-Keith Bird -6- Mayor Tammy de Weerd De Weerd: I will go ahead and open the regular City Council meeting. It is Tuesday, February 15th. It's 7:00 o'clock. We'd like to welcome you all here tonight. I will start this meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance and Ms. Sheri Stiles will lead us in the pledge. Please all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Robert Cutler, with Christ Lutheran Church: De Weerd: Thank you, Sheri. Okay. Item No.3 is our community invocation. We will be led tonight by Pastor Robert Cutler with Christ Lutheran. Please join us in the community invocation or take this as a moment of silence. Cutler: Thank you, Madam Mayor. I just wanted to express appreciation on the part of the Meridian Ministerial Association and all the pastors that are part of that group for this opportunity to come and do this invocation and the rarity that this is in our land and society today. We thank you very much for this opportunity. Let us pray. Heavenly Father, Almighty Omnipotent God, I pray that you would keep this city and wickedness and sinful -- and cunning of sinful people out of it, that they would seek to destroy us. Lord, therefore, we come to you, placing in your hands the needs of our city, asking you to give wisdom and ability, sane judgment, and moral purpose to those who govern us. I know, Lord, that the task is difficult. Lord, I know the duties are many and that the responsibilities are heavy for these individuals and yet I pray for them that you would support them with your might, that crime and lawlessness would be controlled and Meridian City Council February 15, 2005 Page 2 of 21 righteousness and integrity would prevail. Lord, for my part and our part, I pray that you would enable us to be law abiding citizens, ones who will seek the welfare of the community first above personal interest. Lord, above all, grant that more people in our city will come to know you, oh, Lord, and accept Jesus as their Savior and they will serve him with faithfulness and untiring zeal. Lord, I pray that you would make ours truly a Christian community and give us officials who will dedicate themselves wholeheartedly to you and to their tasks and assignments. For them, oh, Lord, yours is the glory and the praise through endless days. This we pray in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you so much for being here with us. We appreciate this partnership as well. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Start -- Item J on the Consent Agenda needs to be tabled to February 22nd, 2005. L'S resolution number is 05-461. M number for resolution is 05-462. N resolution number is 05-463. On the regular agenda, which we will -- as we come to it we will also do it, but Item NO.8 needs to be tabled to February 22nd, 2005. Item No. 11 needs to be continued to March 22nd, 2005. Item No. 16 is Ordinance No. 05-1133. And we would also like to add an Item No. 17 an Executive Session, as per Idaho State Code 67-2345(1 )(a). And with that I would move that we accept the revised agenda. Rountree: Second. De Weerd: The motion is to approve the agenda as amended. Mr. Bird, do you want to add an 18 for any action items? Bird: Yeah. Eighteen, action item, if any action is -- comes out of the -- No. 17, you bet. I would go along with that. De Weerd: Okay. Rountree: Second agrees. De Weerd: Thank you. The motion is to adopt the agenda as amended. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council February 15, 2005 Page 3 of 21 A. Approve Minutes of January 18, 2005 Regular City Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: C. Findings of Fact and Conclusions of Law for Approval: VAR 04- 007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04~ 042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boise Valley Commons, LLC - 2200 East Overland Road: E. Subscriber Aareement with Public Safetv Testina. Inc. for the Meridian Fire Department: F. Agreement with Carollo Engineers for the Centrate Eaualization Tank Construction Manaaement Services: G. License Agreement with the Nampa and Meridian Irrigation District for the Franklin Road Waterline Extension: H. License Agreement with the Nampa and Meridian Irrigation District for the Black Cat Pressure Sewer: Memorandum of Understanding between the City of Meridian and the Idaho State Historical Societv for "Reimbursable" Grant: J. Amendment for Professional Services Aoreement with Diane Kushlan: - Continued:' K. Agreement with JUB Engineers, Inc. for the Support Services for Existina Model Update: L. Resolution No. 05-461 Establishina Mavor's Youth Advisorv Council and Adopting the By-Laws of the Mayor's Youth Advisory Council: Meridian City Council February 15, 2005 Page 4 of 21 M. Resolution No. 05-462 for Water and Sewer Users: Adoption of Fee Schedule N. Resolution No. 05-463 Parks and Recreation Fees: O. Well #27 Lot Purchase Aareement with Cherrv Lane Christian Church: P. Award Bid for Well #27 Test Well to Treasure Vallev Drillinq: Q Development Agreement: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: R. Approve New Liquor License and Beer Transfer for Kahootz Steak & Alehouse - 1603 East Main Street: De Weerd: Consent Agenda. Mr. Bird. Bird: Madam Mayor, on the Consent Agenda, Item J has been asked to be tabled to February 22, 2005. L, M and N's numbers are 05-461, 05-462, and 05-463. And I move that we accept the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is approve the Consent Agenda as amended. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Police Department - Captain John Overton 1. Approve Liquor License for Eddv's at 501 South Main Street: De Weerd: Thank you. Item 6 is our police department. Captain Overton. Overton: Madam Mayor, Members of the Council, we are before you tonight to try and notify you of something new that's occurring with some of the liquor licenses, an actual loophole that's been discovered by the Idaho State Police, specifically Alcohol Beverage Meridian City Council February 15, 2005 Page 5 of 21 Control, and its impact or possible impact in the City of Meridian. The main reason is an application for a business name of Eddy's that was going to be located at 501 South Main Street in Meridian. The liquor license came to us as a new liquor license application. The problem with this application is there is already a liquor license at that location, under the name of Mugsy's. A little history on this, because I have had several conversations with ABC, with the state police on this, is the state started to enforce the rules that if you purchased a liquor license through the state, you had 90 days to have a licensed premise. Well, some of these folks figured out that a licensed premise could be just about anything, as long as it met just a few criteria. It had a liquor cabinet that could be locked up. It had a couple of stools. It had a -- basically, it was all they had to have. So, what happened to us first -- and I have to make one admission, we stopped this one at Eddy's, but we did not manage to stop the first one. The first application came to us as Bill and Lynn's Back Room and it was approved approximately two weeks before this one came up. I didn't catch the fact that Bill and Lynn's Back Room and the contract that was attached to it, was not just a name change and a new contract for Bill and Lynn's, but, actually, two liquor licenses operating under the same roof. How they get around the state regulation is Bill & Lynn's and Mugsy's submit to Alcohol Beverage Control a new map and that new map of their premises has a line around a room and they state on this map that that single room is no longer part of their premises. So, this new application comes on board, stating that this closet, in the case of both of these, really -- one was an office, the other one was a closet, is now their premises and they are hanging their liquor license on the wall and operating as a liquor establishment. We are, obviously, a little concerned by this, because we could have a situation arise where we take enforcement action, have one liquor license suspended, only to have a second liquor license operating under the same roof, utilizing the same kitchen, the same restrooms, everything other than different cabinets for liquor. In talking with the state, they believe -- their hands are tied right now, there is nothing they can do, but are fully supportive of whatever decisions you make and the power that you have to approve or deny these applications. They have no -- they have no choice at this time, but to leave it up to the individual communities. They have had one in the City of Nampa that they are dealing with, which has not even a sink and three licensed establishments next door to each other. Whether they are done for investment purposes or waiting to actually open a legitimate establishment, they don't have to provide that information to the state and the state doesn't know what their ultimate goal is. But we do have two licenses working right now at Bill and Lynn's, one under the original Bill and Lynn's Bar and one under Bill and Lynn's Back Room. And, according to the state and their restrictions, it meets their code. We wanted to bring this to you, because we did not approve Eddy's for the same reason and I believe one of the other staff comments, that there is another problem with this application as well, outside of the concerns that we have. But, really, I just want to bring this forward because I don't know that you're aware that this is going on. We weren't until we saw the second one that was so blatant in what they were trying to do and, like I said, we are concerned and we are looking for some direction or feedback from both Mayor and Council on how you would like us to proceed with this. Meridian City Council February 15, 2005 Page 6 of 21 De Weerd: I guess it does raise the question can -- most of our drinking establishments are CUP and can a CUP have two different drinking establishments under one permit. Canning: Madam Mayor, Members of the Council, my understanding of the CUP is that they do run with the land, so regardless of how many -- if the land is approved for a drinking establishment, I'm not sure that we -- that the zoning code would look at how many liquor licenses were there. But this one in particular does have the problem in that there is not a CU approved for a bar. When -- when Mugsy's went in, because there had been a use there that was a restaurant with a bar and Mugsy's was going in as a bar with a restaurant, but they weren't changing the configuration of the layout at all, it was the same kitchen, it was the same bar area, it was the same seating area, everything was the same as the previous use and they did have a full kitchen, so Mugsy's was approved as a restaurant with an accessory bar. I have had -- this proposal for just a bar, obviously, requires a CU, because it's not associated with a restaurant at all. So, this particular application I put that it does require a Conditional Use Permit and I didn't sign off on the liquor license. So, I think in this case we can use the zoning ordinance as a tool to resolve the police department's problem, but Mugsy's has been a concern. I have been talking with enforcement folks, they started advertising having live OJ's there on Friday nights on the reader board and to me that's not something a restaurant does, it's something a bar does, and so we have been watching it closely, because I think it has kind of crossed over that line from where -- it's tending toward crossing over the line from a restaurant to a full pledge bar. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My thoughts on this is J'm not for it. I mean I realize we got one slip by on us, but two wrongs don't make a right. I couldn't support this, period. Won't support it, period, under these kind of circumstances. De Weerd: Okay. It certainly is a challenge for regulation if you suspend a liquor license and you have a second one in waiting, it really defeats the purpose. Our attorney's office is working with ABC, as well as another attorney in Boise, updating some of the stipulations in the liquor license code to make it more of a tool for economic development, so those that are really trying to put those in use in a restaurant type of setting have those available, because we have had -- we have found them in Cascade, in Boise, in drawers in homes, hanging in zoning areas that certainly a liquor license is not permitted, so -- but we also have stipulations in the zoning code -- or the liquor license code that if you receive one, it's almost next to impossible to put them in use if first you have to find land, you have to go through annexation and zoning, then, you have to build a building, so those that are looking for legitimate use, which we do have a number of restaurants that are lining up trying to come in, but they can't come in until they get a liquor license, because that is part of their restaurant business. So ABC has been long trying to find something and I think the improvements are really for those that Meridian City Council February 15, 2005 Page 7 of 21 are getting these liquor licenses for the right reason and that is to go in business and support that business with this kind of permitting process. Mr. Wardle. Wardle: Madam Mayor, just one of the things that I wanted to say as far as this particular instance. The police department and certainly the rest of the staff come forward with a recommendation that enforcement with two licenses under one roof really would be a concern and so I support that decision. However, agree that on the economic side that there are provisions, which the state lays out within their approval of liquor licenses and if they meet all of the requirements in instances where potentially there are two licenses under one roof, then, we need to take those individually and on a case-by-case basis. I'm not ready to say that as a policy decision that -- that we can make a blanket statement, other than with some of the enforcement issues that have been brought up today. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just one question. Can we rescind the license that was issued to Bill and Lynn's Back Room? De Weerd: Mr. Assistant City Attorney can answer that. Baird: Madam Mayor, Members of the Council, Council-member Donnell, in fact, Council-member Bird sort of asked the same question and my response was that at this time we will certainly look into that, but it's certainly something that you passed and if you have the ability to reconsider it, we could bring it back in front of you, but I have already written down I want to have a discussion with the city attorney and see if we do have any means to revisit that decision. So, we'll take a look at it and get back to you. De Weerd: Thank you. Thank you, Captain Overton. Do we need a motion on this? I assume we do. Rountree: Madam Mayor, my question is this is a staff level recommendation the Council could approve; correct? Overton: This is a staff recommendation. Correct. Rountree: And in this particular case, we can take the recommendation and make an action, but it seems to me if we are dealing with state statute we are a minimum of a year away from seeing a change. How many more liquor licenses are we going to be able to deal with in the next year? A couple, maybe? Overton: Well, I would hope this would be a very limited occurrence. We have seen two this year, both of them cropped up the first of the year. They were new licenses. Again, to reiterate some of the facts you have said on why I don't think we will see that Meridian City Council February 15, 2005 Page 8 of 21 many of them. First, they have to make an agreement with another license establishment to try to take up part of their existing space. The second reason is, as you have said, for economic development. There is a limited number of licenses out there and they are all feeding off the frenzy that's occurred by a license going for 100,000 in Boise city, based purely on profit and demand, because the state still only charges 800 dollars for a license. They also know that recently one went for 400,000 dollars in Blaine county. So, there is several people out there that are trying to -- at least the assumption is they are trying to hold onto these as investment pieces of paper, because once they own them, they are theirs. The state is simply trying to step in in the best interest of the communities and saying -- and with all due respect to attorneys, they found a few on attorneys' walls and one of them was back in the state of Pennsylvania and they said you have 90 days to have a premises in the state of Idaho. There is no way to predict right now how many of these we are going to see. We are certainly going to scrutinize these highly. I don't think we are going to see that many. I was surprised when we saw the first one that we actually saw a second one this soon. Rountree: My question is that we don't know -- shouldn't we be looking at an ordinance for the city that deals with establishments that require a liquor license and have an ordinance that says only one per premise and those sorts of things and get going on that and have it on the books, because no telling when the state statute might be amended, if it ever will. De Weerd: We can ask the city attorney's office to bring that back with their recommendation. And, as I understand it, Senator Bunderson has been looking at the revisions and there still might be a chance that that legislation goes forward this year. Rountree: Pretty tough. De Weerd: Yeah. It's tough, but, if not, we have a year. Rountree: With that, Madam Mayor, I would make a motion that we accept staff recommendation and deny the approval of the permit application for Eddy's. Bird: Second. De Weerd: Okay. And the motion is to do what? Rountree: Deny approval. De Weerd: Oh. Okay. Thank you. I just heard approval and thought, oh, maybe I do need to go home. Okay. The motion was to deny the approval. All those in favor say -- well, no, let me do it by roll call. I'm sorry. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council February 15, 2005 Page 9 of 21 Item 7: (Items Moved from Consent Agenda) De Weerd: Thank you. There were no items moved from the Consent Agenda for Item 7. Item 8: RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: De Weerd: So, we will move to Item 8. There has been a request to table this item to February 22nd. Do I have a motion? Rountree: So moved. Bird: Second. De Weerd: Okay. I have a motion and a second to table Item 8 to the 22nd of this month. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES, Item 9: FP 05-004 Request for Final Plat approval of 5 commercial building lots on 7.16 acres in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - west of Meridian Road and north of West Waltman Lane: De Weerd: Item 9, FP 05-004. I will start with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for approval of five commercial building lots on 7.16 acres for Waltman Court Subdivision. This is the preliminary plat and as you will see, the final plat is in -- very much in substantial compliance with the approved preliminary plat. There are no outstanding issues before City Council and staff is recommending approval. I do not have a letter from the applicant, although I note he is in the audience. De Weerd: Okay. Does the applicant have anything that they would like to share? Do they agree with the conditions? They agree with staff conditions, so Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No.9, FP 05-004, Waltman Court Subdivision, subject to staff comments. Bird: Second. Meridian City Council February 15, 2005 Page 10 of 21 Donnell: Second. De Weerd: Okay. The motion is to approve Item No.9. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: FP 05-005 Request for Final Plat approval of 55 single-family residential building lots and 2 common lots on 14.38 acres in an R-8 zone for Redfeather Estates Subdivision No.6 by Packard Estates Development, LLC - east of North Eagle Road and south of East Ustick Road: De Weerd: Thank you. Item No. 10 is FP 05-005. I will open this item with staff comments. Canning: Madam Mayor, this is a request for final plat approval of 55 -- Madam Mayor and Members of the Council. I'm sorry, I forgot the rest of you there for a moment. For 55 single-family residential building lots and two common lots for Redfeather Estates and this was -- the preliminary plat for this, for Redfeather Estates No.2 -- the first phase being in Boise, but also Redfeather Village. So, it's a combination of both of those. Oops. Sorry. Preliminary plats. And I'm going the wrong way for some reason. Okay. Why does it think up is down? Okay. There we go. There we go. The applicant wrote a letter that should be in your packets and they did note some exceptions to the conditions of approval that were placed in the staff report. You should also find a memo from Sonya Allen that was written today, that it went through that letter and addressed those concerns and we have pulled out the specific actions that need to be taken on this item. The final plat is in substantial compliance with the two approved preliminary plats and staff is recommending approval. I believe the applicant indicated that she was okay with the modifications as set forth in Sonya's memo to Council. De Weerd: Okay. Council, any questions for staff? Does the applicant have any comments? Mr. Bailey? Canning: It's Ms. Stiles. De Weerd: Oh, Ms. Stiles. Any comments? No comments from the applicant. So, the staff memo dated today addressed all of those -- Canning: Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 15,2005 Page 11 of 21 Bird: I don't have a copy of that staff memo dated today. I got one dated the 10th. Rountree: Yeah. The 10th. Bird: Thank you, Sheri. De Weerd: Did your staff get a copy to the clerk's office? Canning: He was cc'd on it. I didn't check the e-mail, but I assume that it went over there. But it was later in the afternoon. They might just not have had a chance to find it. I'm sorry about that, Council. We were trying to make it easier for you, not more difficult, but -- De Weerd: I think it's probably easy to e-mail it and fax it -- the fax is physically you walk by and you see them, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, was this in response to the February 11th from Engineering Solutions? Canning: Yes, sir. Bird: We received that 11 -- the 11th? De Weerd: On Friday. Yes. Bird: Okay. De Weerd: Any further information needed? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 05-005, Item No. 10, final plat for Redfeather Estates Subdivision No.6 and to include all comments denoted in the staff memo dated 2/15/2005. Donnell: Second. De Weerd: The motion is to approve Item 10. If there is no further discussion, Mr. Berg, will you call roll. Meridian City Council February 15. 2005 Page 12 of 21 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed- Use Regional for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: De Weerd: Thank you. Item 11 has been requested to be continued to March 22nd. It is Public Hearing CPA 04-003. I will open the Public Hearing. I hope that there are no members in our audience that are here for this item. We apologize if we have inconvenienced you, but there has been a request for continuation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You have opened the public hearing? De Weerd: Yes, I have. Bird: Is anybody here to testify tonight? De Weerd: Mr. Berg wants to testify. Sorry. ~erg: Madam Mayor, I don't wish to testify, but I would like to bring up a point. We had discussed this in some of our agenda meetings, which I know you haven't been able to make. March has five Tuesdays. The week of the 22nd is the spring break, which affects a few of the staff people, which I know they have made some comments about it would be nice to flip that one with the 29th. Right now we have not published any notices for the meeting for the 22nd, so I'm just bringing that -- Bird: I'm for that. Let's go the 29th. Rountree: [think that works for me. Donnell: Madam Mayor? De Weerd: Yes. Donnell: Does that mean there will be no meeting on March the 22nd? De Weerd: That's what it means. Donnell: Oh, yeehaw. Meridian City Council February 15, 2005 Page 13 of 21 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that clarification -- and I do like that idea, seeing how that is the week of spring break and, you know, the ones that have children -- I move that we table Public Hearing CPA 04-003 to March 29th, 2005. Donnell: Second. De Weerd: Okay. The motion is to continue Item 11 to March 29th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 04~034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 13: Public Hearing: PP 04~043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 14: Public Hearing: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: De Weerd: Okay. Items 12, 13, and 14 are all related. I will open these three items, Public Hearing AZ 04-034, PP 04-043, and CUP 04-052. I will open these with staff comments. Canning: Madam Mayor, Members of the Council, the applicant has submitted a revised site plan to staff on Friday and so we have a question before the Council today, just to decide where you want to go. The two options are to remand it back to P&Z for their consideration of the revised site plan or to go ahead and schedule it for two weeks out to give staff adequate time to review the proposal and I just wanted to explain to you why I'm asking you to make this decision, I guess. This is for Hacienda Subdivision. It's located across from Paramount next to Saguaro. This is the Priddy property. I think you will remember Mr. Priddy and his bull -- the animal. Sorry. And this is the Ventana Subdivision and this will be the new school site. So, it's in an area that's seen a lot of very recent development activity. This is the proposed -- this is the layout that the Planning and Zoning Commission commented on and, in particular, I want to point out some of these open spaces along the southern and eastern boundary. This is the Meridian City Council February 15,2005 Page 14 of 21 revised site layout and so here you see them stacked one on another. What's missing are the ones that are circled in red here. These are attached townhouse products. And I have a picture of them. There they are. And that's just two, but they are actually attaching up to four. Five on this one and five on that one. And so they have taken out these open space lots that were 20 feet in width. So, there used to be 30 feet between the buildings. And I didn't check the minutes exactly, but I remember that being a comment of the Planning and Zoning Commission, that they felt a little more comfortable with those attached products, because there was that break. They also lost a common lot here. Now, Mr. Bailey has explained to me that the reduction in that separation isn't as great as it would appear, because the applicant still intends to provide a distance between those structures, but it would go down to ten feet in some cases. I think it is going between 20 to ten. And they can explain that a little better than I can. But when I first saw this, I was very concerned about the loss of the open space lots. Now, they did remove one build-able lot also and that was in this area here. They lost a build-able lot. The reason that they have made these changes is that they went from a 30-foot frontage to a 32-foot frontage and that required shifting some of the open space. So, I did not feel comfortable making the call on this one as to whether it should go back to -- well, I can't require that they go back to P&Z, only you can do that, but I didn't feel comfortable taking it from -- to you until you had had an opportunity to comment on this. De Weerd: Okay. Council, would you like to ask questions or hear from the applicant first? Mr. Wardle. Wardle: Madam Mayor, just a question of Anna. So, really, what you're asking is for the hearing that we have tonight, staff's asking to either delay it two weeks and, then, present it to the City Council in its entirety with the revised plan? Canning: Correct. Wardle: Or whether we'd like to remand it to Planning and Zoning with apparently a substantial change? Canning: Yes. That's the question. De Weerd: And we do have Don and Denise Ivory here tonight, which I'm sure they haven't had an opportunity to look at this as well. So, our members of the public, I assume, have not seen the revised plan. Okay. Would the applicant like to comment? Sorry. I just had no idea who the applicant was tonight. Nickle: That's okay, Madam Mayor. De Weerd: If you will, please, state your name and address. Nickle: Shawn Nickle. 52 North 2nd Street in Eagle. Meridian City Council February 15, 2005 Page 15 of 21 De Weerd: Okay. Nickle: Are you going to swear me in or are we -- De Weerd: No. We took this out of our ordinance. Nickle: Okay. Well, I will be honest anyway. De Weerd: I will remind you to, please, tell the truth. Nickle: I usually do. De Weerd: Usually. Nickle: Usually. Bird: Usually. He did say that. Usually. Nickle: I think we understand staff's concerns. I don't -- I don't think -- well, we don't feel it's necessary to go back to Planning and Zoning. I don't think -- we don't think it's a substantial change. We do believe that staff needs some additional time to review this. We did give it to her on Friday. And we can meet with the neighbors after this meeting and kind of show them what we have done. The concern, from what we understand, is the distance between those existing -- those structures through the attached units. The two on the left that are circled would have an 18 foot separation between buildings, that third one would have a ten foot, and, then, the one on the eastern boundary would have a 20 foot. We have -- I guess based on your recommendation, we do have the ability to remove a lot on the south boundary and widen those gaps. I don't know if that's necessary and I guess I would ask that we -- if you decide to postpone it for two weeks, that we get together with staff and see if we can address those concerns. And, if not, we would come back to you with one less lot on that south boundary to widen that gap. We had some other issues that came up between Planning and Zoning and now, particularly the tiling of the ditch through the property, concerns that the police department had with visibility around our clubhouse, and the stub street to the north, all of which I believe we can resolve with staff within this two weeks and bring you back a cleaner application at that time. And that's what we would request. I'll stand for questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You say the -- you had some concerns between Planning and Zoning now that's been brought up by the police department, some other deal, Shawn? It wasn't brought up at the Planning and Zoning? Meridian City Council February 15, 2005 Page 16 of 21 Nickle: It was brought up at the Planning and Zoning. Bird: Oh. Okay. Nickle: One of the things the Planning and Zoning did, they wanted us to move our -- that existing wall right where that pointer is at. It was too close to the street. They wanted us to move it ten feet back. That's been accomplished. I think the concern with the police department -- I did talk to Chief Musser today -- was the visibility. There is an existing -- if you guys have driven by the property, there is an existing stucco wall that ranges from three to six feet in height and I think the concern with staff and with the police department was visibility in that common area. I believe that we can work out with the police chief and make him -- satisfy his concerns with that. Bird: And with the ditch company, what is Settler's -- Nickle: The ditch company, they would like us to tile it. Your Planning and Zoning -- the Planning and Zoning Commission and staff feel, along with us, that it would be a nice amenity to keep it open through the property as it goes around the clubhouse and through the open space right there. Bird: I agree. Nickle: I think we would like the option of working with the irrigation district and seeing if we can't leave that open and, if not, obviously, we will pipe it. Bird: Thank you. Nickle: And, then, the one last thing, since we are talking about it, the stub street to the north, originally we couldn't get a hold of the Catholic church to find out what their plans were for that property prior to P&Z. We have since talked to them and their plans are to come back in with a -- I guess a Sunday school or some sort of school related to the church at some future date. We would just like the option of working with the highway district and the church and if they do develop it that way, we don't feel that there is a need to have that stub street. If it was going to be residential, I could see the need for the interconnectivity. So, we would just like the option, through a condition, that we work with the church and with staff and the highway district to figure out what that will be and, then, we will act accordingly. So, those were the issues. I'll be quiet now. De Weerd: Well, it sounds like there is a number of issues that need to be worked out that could result in a number of changes to this. So, Council -- Mr. Wardle. Wardle: Madam Mayor, my preference on this application would not be to remand it, but to allow the applicant and staff time to work it out. These don't seem to be substantial changes, in my opinion. I would also encourage the applicant to work with the neighbors and surrounding property owners in that two week time period. Meridian City Council February 15. 2005 Page 17 of 21 Nickle: Absolutely. De Weerd: Council, I guess I would also like to request of staff -- we have been asking for some time and certainly our Camp Plan supports certain densities, but I want to know what our transportation corridors are. These -- as we look at higher density developments, we have to know what our road plans are and where these higher densities really should be, instead of just assuming that it will be supported at some point with public transportation or appropriate road infrastructure. We have to have this design. In particular, when we start looking at these higher densities. And so this -- when it comes back with staff recommendations, I would like to know what that -- if this is part of a long-term plan for -- and if this higher density is supported by a transportation plan. Is that putting you on the spot? I have talked to Brad Hawkins- Clark -- we have to look at a mobility study and start just putting our plan together, if it's -- if it needs more detail, if we need to see how the master plan pathways are going to connect and some of the stuff, because I don't feel comfortable putting high densities in a place where I don't know jf it's going to ever be supported with public transportation or appropriate roads. Canning: Madam Mayor -- and I'm not trying to be argumentative, but it's less than five units to the acre. I know it looks different, but it's -- you know, it's -- well, I have got the density from 4.99 js what I have got, Shawn, originally, so -- De Weerd: But it starts to add up. Canning: Yeah. I'm just -- high density means something different to me, but I just-- De Weerd: It looks -- it definitely does look high density, but we do need to know about our infrastructure and our road plans out there. Mr. Wardle. Wardle: Madam Mayor, if there are no other comments, I would move that we continue the Public Hearing on Items 12, 13, and 14 to March 1 st. Bird: Madam Mayor, before I second that, you need to find out if there is anybody here that needs to testify tonight. Wardle: I will withdraw my motion. De Weerd: Okay. This is a Public Hearing, although changes could be made, you may want to comment after you have seen those changes made. Is there anyone in the public who would like to offer testimony tonight? Okay. And I'm assuming the applicant will meet with the neighbors after this. Okay. Mr. Wardle. Wardle: Madam Mayor, I, again, move that we continue Items 12,13 and 14 to March 1 st, 2005. Donnell: Second. Meridian City Council February 15, 2005 Page 18 of 21 Bird: Second. De Weerd: Okay. The motion is to continue Items 12, 13, and 14 to March 1st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Water, Sewer and Trash Delinquencies: De Weerd: Okay. Item 15 is our water, sewer and trash delinquencies. Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre- termination hearing prior to water service being disconnected. No water users having requested such pre-termination hearing for February 15th, 2005, water service for the attached turnoff list will be terminated on February 16th, 2005. The total amount of the turnoff list is $40,032.44. Council, do I have a motion to approve the turnoff list? Donnell: So moved. Wardle: Second. De Weerd: The motion is to approve the list in front of you of $40,032.44. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 17 is an Executive Session per-- Donnell: Are we doing to do 16? Item 16: Ordinance No. 05-1133 AZ. 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: De Weerd: Oh, sorry. I'm sorry, Mr. Berg. I almost forgot to give the opportunity to please read Item 16, Ordinance 05-1133 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1133, an Ordinance known as Mountain West Bank for property located as designated in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands as C-G, General Commercial, in the Meridian City Meridian City Council February 15, 2005 Page 19 of 21 Code, providing copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission as required by law and providing a summary of the ordinance and providing a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? Hearing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 05-1133, with suspension of rules. Rountree: Second. De Weerd: The motion is to approve Item 16. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 17 is a motion -- I need a motion for an Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(a). Rountree: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Donnell: So moved. Rountree: Second. Meridian City Council February 15, 2005 Page 20 of 21 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move that we have Human Resources create and classify a new position of Assistant Fire Chief, Chief of Operations Facilities and to take all necessary steps to add this position to our workforce. I also move that HR move the current Fire Chief classification to DH 7 in our salary grades. I move that Finance amend the current year budget to include the salary benefits and associate costs for the position of Assistant Fire Chief, Chief of Operation and Facilities and (inaudible) the Chief in the new salary grade range. Rountree: Second. De Weerd: Okay, the motion is read by Mr. Bird and is in front of you. Mr. Berg will you call roll? Berg: Thank you Madame Mayor, members of the Council roll call vote. Bird, aye; Rountree, aye; Donnell, aye; Wardle, aye. ALL AYES. MOTION CARRIED. Donnell: Madame Mayor. De Weerd: Ms. Donnell. Donnell: I would like to make a motion to adjourn. Wardle: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:18 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Council February 15, 2005 Page 21 of 21 MAYORTAMM~ ~~I Ob DATE APPROVED February 11, 2005 AZ 04-029 MERIDIAN CITY COUNCIL MEETING February 15, 2005 APPLICANT Tom Holliday I Cottonwood Lane Partners ITEM NO. 5-8 REQUEST Findings for Approval - Request for Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane - 985 East Freeway Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~-<J ~ate:'att 4: (~ Phone: Emailed:C.._.xy.lA\--.Q...VI "'(\n.... \_t?J--e.~,~...s.Sdg~lnitials: UP Materials presented at public meetings shall become property of the City of Meridian. See attached Findings fi/(rto"U CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA DECISION & ORDER In the Matter of a request to Annex and Zone 8.58 acres from RUT to C-G (General Retail and Service Commercial) AND L-O (Limited Office), by Cottonwood Lane Partners. Case No(s): AZ-04-029 For the City Council Hearing Date of: February 1,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the February 1,2005, public hearing(s). The applicant, affected property owners, and govermnent subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full oPPOltunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Plam1ing and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Melidian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff repmi. 3. Application and Propelty Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-029 - PAGE 1 on a. In addition to the application and property facts noted in the staff report and the Plmming & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these 'findings are David and Maude Wells. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Melidian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code Sll-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian plamling jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, and the Annexation and Zoning Comments in Exhibit B. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Annexation and Zoning Comments are as shown in Exhibit B. D. Exhibits CITY OF MERlDrAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-029 - PAGE 2 of3 Exhibit A: Legal Descriptions (3 pages) Exhibit B: Annexation and Zoning Comments Exhibit C: Zoning Amendment Findings By action of the City Council at its regular meeting held on the I? 1'.1 day of 1~6rlA/J/l1 ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~A.-- COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED and City Attomey. By: j().;~~ City Clerk's Office Dated: ;;). dd-(J5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-029 - PAGE 3 on EXHIBIT A Cottonwood Lane AZ-04-029 Legal Description Exhibit n A" Annexation Legal A partel of land for ann"xatltm being a portion OfL0123, Block 1, of Amended MagIc View Subdil'ision, as shown on the official pIal recorded in Book 52 of plats at pases 4445 and 4446, Records of Ada Coumy. Idaho, being in tho El!2 of Section t7, Township 3 North, Range 1 East, BOise Meridian, City of Meridian, Ada County, Idaho and more pill1icularlydescribed as follows' Commencing at a b~ass cap monurn'ent marking the NE comcr of the NE 1/4 of said Seclion 17, thence along the East line of said section 17 S00046'02"E a disWnc" of 2,652,92 fcctto a brotH cap monumenl marking the SE corner on the NE J/4 of said Section 17, thence ieaving said EilSt line, S69"3I'29"W, a distance of J,062,84 feet to a pain! on lha centerline ofE f'reeway Drive being the POINT Of' BEGINNING; Thcnce along said centerlme ofE. Freeway Drive 553.1 O'II"W a di;lnnee of I 12. l7 feet 10 a pOint of cusp; TIlence along an are of 11 non-tangent curve to the right, having a radius of3699.72 fcel, lIn arc length of 242.16 feet, a central angle on'4S'GI", and a chord bONing ofS53030'03"W a diSlance of242 12 feel 10 a lo 11 pOInt; Thence leaving said ccnterline ofE, Freeway Drive N34"37'27"W a distance of 3G,GO feet 10 a 10115/8 inch rebar marking the imerseetion of the North right-nf-way line of E. Freeway Drive and the West line of said Lot 23; Thence leaving said North right-of-way hnc and alOn&lho West line of said Lot 23 NOO'50'40"W a diMonce of 547.47 feet 10 a 112 inch rcbar: Thence leaving said Wcstline and along Ilte South line oEs.id Lot 23 S89"4G'22"W a distance of 782,0 1 feet to a 518 inch rebar on the East right-of-way I in. of S. Wells Drive: Thence leaving said South Hne and said East right-of-way line S79"59'03"W a distance of25,00 fect to a to a poJnt on the eenlerline of suid S, Wells Drive; Thence along said cenlerline NIO"OO'57"W a distance 0(7.85 feet to a to u point of curvature; Thence along an arc of a curve to the right having a radius of 133AO feet an arc length of Ii 1.5 7 feet, u centrol angre of 26"26'38" and a chord booring of N030 I 2'22" E a distunce of 6UI2 feel 10 u point; Thence N 16"25'4] "E a distance of 391.86 feet to a to a point; Thence Icuving the centerline 573"34'19"11. u distance of25 ,00 feetlo u 112 inch rebur on said East right-of- way line of $, Wells Drive, also being the NW corner of said Lot 23; Thence leaving said Eas! right-of-way line and along lhe North line of said Lot 23 Sno29'27"E a distance on02.B3 feet to u jiB inch rebar murking lhe northeasterly comer of said Lot 23: Thence leaving said North line and along the easterly Hne of suid Lot 23 S27"38'31"E a distance of 625.95 feet to a 5/8 inch rebar on aforementioned North right,ofway line of E. Freeway Drive; Thence leaving said North right-of-way Hne S36049'49'.E a dislance of 30,00 feet to the POINT or BEiGINNING Said pa<<:c1 coo lain! 377,2 BO square feet or 8.66 acres, more or leS$ and is subject 10 all existing easements alll! rights-of-ways of record or implied, ~~~Zr~ JAN 2 7 2005 MERIDIAN puauc WORKS OEPT. C0461 a ~__ flnrn:."J:ltHmJegat l OOS04wJ.c.doc Exhibit "e" Re-Zone Legal Portions of Lot 23, Block I, of Amended Magic View Subdivision, as shown on the official plat recorded in Book 52 of plats at pages 4445 and 4446, Records of Ada County, Idaho, being in the BI/2 of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada COllllty, Idaho and more particularly described as follows: Commenc:ingnt a brass cap mo~ument marking the NEcomer of the NE 1/4 ot'said Section 17, thence along the East line of said section 17 SOo046'02"E 11 distance of2,652.92 feet to a brass cap monument marking the SF corncr 011 the NE 1/4 of said Section 17; thence leaving said East line S69031 '29"W a distance of 1,062,84 feet to a point on the centerline of 13, freeway Drive; thcnec leaving said centerline N36"49'49"W a distance of 30.00 feet to a 518 inch rcbar on the northerly right-of-way litle of said E. frecway Drive being the POINT OF' BEGINNING of!! portion of said Lot 23 to be re-zoJled C-G; [hence along said right-of-way line ofE. Freeway Drive 553010'11 "W 3 distance of 112.17 fecI to a point of cusp; thence along a 3669.72 foot radius non-tangent curve concave northwcsterly through a central angle 00"45'0 I" having a length of240.19 feet, , and a chord bearing 553"30' (6"W a distance of240.15fcct to a to a poim; thence leaving said right-of-way Iinc and along the West line ofsaid lot 23 NOO"SO'40"W, a diS1anee of547A7 feet to a 112 inch rebar; Thence leaving said West line N89040'22"E a distance of I 13.90 feet to a point on the easterly line of'said Lot 23 known herein as POINT Or BHGfNNING "A"; thence along said easterly line of said lot 23 527038'31 "E a distance ofJ81.52 feet the POINT OF BEGINNING, Said portion contains 97,958 square feet or 2.24 acres more or less, and is subject to any easements and/or rights-of-ways on record ~r implied Together with n portion of said Lot 23 to be zoned L,O beginning at aforementioned paiN r OF BEGINNING "A"; Thence S89"40'22"W a distance of 113.90 fect to a 1/2 inch rcbar at an angle point in the boundary line of said Lot 23; thence along tJte South line of said lot 23 S8C}040'22"W a distance of782,01 fcetto a 5/8 inch rcbaroo the East right-of-way line ofS, Wells Drive; [,hencc leaving said South line and along said East right-of-way line NIooOO'57"W a distance of 7,85 fcet to a tn a point ofeurvaturc; thence along a 133.40 foot radius rurve concave easterly through II central angle of 26"26'38" having a length of 50.03 feet (a long chord of 61.02 feet bearing ofN030 12'22" E) to II 112 ineh rebar; thence N 16"25'41 "E, 1I distDllee of 39 1,86 feet to a 10 a"l/2 ineh rebar marking the NW comer of said Lot 23; thence leaving said East right-<Jf-way line and along the northerly line of said lot 23 572029'27"13 a distance of 702 .83 feet to II 5/8 inch rcbllr marking the northeasterlycorncr of said lot 23; thence lellvingsaid northerly line and along the easterly line ofsatd 10123 S27038'3 I "E a dis13nec of 244.43 feet to POINT OF BEGlNNING "2". Said portion contains 257,345 sqnarc feet or 5.90 acres, morc or less and is suhject to all existing casements and rights-of-ways of record or implied. D~~/' JAN 2 7 2005 EXHIBIT B Cottonwood Lane AZ-04-029 Annexation and Zoning Comments 1. The submitted legal descriptions for this property, prepared by Stephen R. Lee, Jr., stamped 1-26-05, appear to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. Said legal descriptions depict a 5.90 acre portion of the site to be zoned L-O and a 2.24 acre pOliion of the site to be zoned C-G. 2. The subject property is within the Urban Services Plmming Area. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attornev Bill Narv at 888-4433 to initiate this process. The DA shall incorporate the following: · The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape inigation. · No alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a CUP and except where the use of the structure changes to a use pennitted in the L-O/C- G zone. · All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. · The applicant will be responsible for multi-use pathway construction along the Five Mile Creek. Construction of said pathway shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & c. The pathway must connect ii-om one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. · Any other conditions desired by the Commission and Council. LISTED BELOW ARE SOME COMMENTS RELATED TO DEVELOPMENT OF THE SUBJECT SITE. UPON THE RECEIPT OF A DEVELOPMENT APPLICATION IN THE FUTURE, THE PLANNING DEPARTMENT INTENDS TO FURTHER ANALYZE AND IMPOSE CONDITIONS RELATED TO THE COMMENTS BELOW. ADDITIONAL REQUIREMENTS THAT APPLY TO DEVELOPMENT OF THE SUBJECT SITE MAY ALSO BE IMPOSED WITH FUTURE DEVELOPMENT APPLICATION(S). MERIDIAN FIRE DEPARTMENT COMMENTS (AZ-04-029) I. Provide fire hydrant spacing per the International Fire Code. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works specs. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 7. Maintain a separation of 5' between future buildings and dumpster enclosures. 8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 9. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apmi. 10. The proposed multi-family development has an estimated 40 units. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. The proposed office/commercial uses will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has expelienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 201 O. 12. The first digit of the Apartment/Office Suite shall correspond to the floor level. 13. All processes & storage practices shall be required to comply with the Intemational Fire Code. 14. All portions of any buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 15. Fire Splinklers will be required for all buildings associated with this project. 16. No Parking signs and painted curbs will be required for all Fire Lanes. 17. Provide exterior egress lighting as required by the Intemational Building & Fire Codes. SANITARY SERVICES COMPANY COMMENTS 1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSe. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your ce11ificate of zoning compliance application. MERIDIAN PARKS DEPARTMENT COMMENTS 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & e. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Standard for Mitigation of trees: The standard established in the City of Melidian Landscape Ordinance (MCC 12-13-13-6) will be followed. 4. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian lnigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian I1Tigation District ADA COUNTY HIGHWAY DISTRICT Site Spec(fic Conditions of Approval This application is for a rezone only. Listed below are some of the policies that apply to the site. Upon the receipt of a development application the District may require additional Findings of Consideration and Site Specific Requirements that apply to the review of future development applications. I. Construct Freeway Drive abutting the site as one half of a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within the existing right-of-way to match the adjacent improvements. 2. Construct any proposed driveways on Freeway Drive a maximum of 36-feet wide. Pave the proposed dliveways their full width and at least 3D-feet into the site beyond the edge of pavement of Freeway Drive and install pavement tapers with I 5-foot radii abutting the existing roadway edge. 3. Dedicate 27-feet of right-of-way from the centerline of Wells Street (an additional 2-feet of right-of-way) abutting the parcel by means of recordation of a final subdivision plat or execution of a WalTanty deed prior to issuance of a building pennit (or other required penuits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Wells Street is classified as a local roadway and is to be brought to adopted standards by the developers of abutting properties. 4. Construct Wells Street abutting the site as one half of a 40-foot street section with veliical curb, gutter and 5-foot attached concrete sidewalk. 5. Construct any proposed driveways on Wells Street a maximum of 36-feet wide. Pave the proposed driveways their full width and at least 3D-feet into the site beyond the edge of pavement of Wells Street and install pavement tapers with 15- foot radii abutting the existing roadway edge. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (I- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHIBIT C Cottonwood Lane AZ-04-029 Zoning Amendment Findings ANNEXA TION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " Thefollowing is the list of standards found in 11-]5-11 and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Commercial'. In Chapter VII of the Comprehensive Plan, 'Commercial' areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. finds that the requested C-G zoning generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Please see the Special Considerations below for fUliher analysis of the proposed zoning designation and how it relates to the conceptually proposed uses on the site. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. The applicant will be required to submit a development application prior to constructing any use on the site. When the fitture development application(s) are processed by the City, the applicant will be required to construct landscaping along Freeway Drive, Wells Drive, between different land llses, and along the perimeter of the site. · "Permit new . . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed uses do contribute to the variety of commercial and retail uses in this area, as envisioned with the Comprehensive Plan. · "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industtial and residential areas." (Chapter V, Goal I, Objective A, Action item 11) The applicant is not proposing to alter the Five Mile Creek in any way with this application. The applicant will be required, through a Development Agreement, to improve the Five Mile Creek amenity by constructing a multi- use pathway adjacent to it when the site develops. See Special Consideration #2 below. City Council finds that a C-G zone is harmonious with and in accordance with the Comprehensive Plan. However, based on the conceptual site plan submitted with the annexation application, City Council recommends that the northwestern portion of the site be zoned L-O to accommodate multi- family uses. Please see Special Considerations below for further analysis. B. Is the area included in the zoning amendment intended to be rezoned in the future; Apartment houses are prohibited in the C-G zone. Therefore, if illl of the subject property is zoned C-G as requested, the applicant will need to rezone the northwestern portion of the site to develop multi-family dwellings. If the site is zoned as City Council recommends (C-G for the southeastem portion and L-O for the northwestem portion), City Council does not anticipate that the subject propeliy will be rezoned again in the future. See Special Considerations below for fuliher analysis. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Properties in this area are rapidly transitioning from rural residential to office/commercial type uses. In the applicant's submittal letter, it is stated that the subject property is intended to be used for a mix of uses. The submitted concept plan shows a hotel on Freeway Drive (between two existing hotels), an office park to the north of the hotel, and multi-family apartments on the land with frontage on Well Street. Currently, restaurants, hotels, and professional offices are (principally) permitted uses in the C-G zone. Multi-family dwellings (apartments) are prohibited in the C-G zone. Therefore, not all conceptually proposed uses would be allowed under the proposed new zoning. Currently there are four City zones that conditionally allow multi-family: the R-15, R-40, L-Q and Q-T zones. No City zone principally penuits multi-family dwellings. Consistent with the Comprehensive Plan the applicants conceotual site plan as well as the other office and retail uses that are develooing within Magic View Subdivision Citv Council recommends that the northwestem portion of the site be zoned L-Q (Limited Office). n. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The general vicinity of this project is in transition fiom low density residential uses to commercial/urban type uses. Developments to the east and nOliheast in close proximity to the subject lot include Texaco and Chevron fuel stations and convenience stores, a credit union and bank, a 30,300 sq. ft. multi-tenant office building, Subway and medical/clinical services. Two new hotels have currently opened to the east and west of the subject site. In 2004, the 5.22 acre lot directly to the nOlih was annexed and zoned to C-G. Woodbridge Subdivision is a 260 +/- lot residential subdivision approximately y,; mile to the west that connects with Magic View Drive and is largely built-out at a medium density. As development occurs ACHD is requiring that the local/commercial streets in Magic View Subdivision be widened and that developers construct sidewalk adjacent to the developing sites. FUliher, this site lies within an extraordinary impact fee overlay zone. This overlay zone was established to install the infrastructure for the redevelopment of the rural lots within Magic View Subdivision, in anticipation of the lots redeveloping to commercial. The ACHD now requires that developers within this overly zone pay into a reimbursement fund for the costs that were associated with construction of the new road from the intersection of Eagle Road and St. Luke's dlive, to the intersection of Magic View Drive and Allen Drive (see ACHD for more information). City Council finds that annexation and zoning of the subject property would be compatible with other nearby land uses and facility changes in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; No specific uses are proposed with this application. However, the applicant did submit a conceptual plan of how the site may develop. If the site is (generally) designed, constructed and operated as proposed with the conceptual site plan, the development should be in accordance with adopted city ordinances and should be hannonious and appropriate in appearance with the existing character of the Magic View Subdivision area. The Comprehensive Plan envisions the north side of Magic View Drive and the west side of Wens Street, to be office type uses and the south side of Magic View Drive to be more intense, commercial type uses. City Council finds that a zoning change of this property to C-G and L-O (as recommended by City Council) would fit within the character of the Comprehensive Plan and will not adversely change the essential character of the area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds the intended uses on the subject property should not be hazardous or disturbing to existing or future neighboring uses if all development and landscape buffer ordinances are exercised. The Commission and Council shall rely on public testimony to detennine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area 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 for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; ACHD City Council commented on the proposed annexation application on November 16, 2004. Included within ACHD staffs repOli were some of the policies that apply to the subject site. Upon the receipt of a development application, the ACHD will impose site specific conditions. MeIidian Fire, Police and Parks Departments were represented at the Comments Meeting held on November 12, 2004 for this application and provided comment that services could be provided (all of the detailed comments from the Fire Department and other agencies/depmiments are at the end of this report). Sanitary Service Company (SSC) currently provides service to adjacent propetiies in the area. The Commission and Council will need to reference any written or verbal testimony submitted by The Meridian Public Works Depmiment, Nampa Meridian Irrigation District, Idaho Power, and other service providers regarding this finding. City Council finds that the property proposed for annexation and zoning can be served adequately by all essential public facilities and services. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Required site improvements will be funded and constructed by the developer through the Preliminary/Final Plat, CUP, and CZC process. The primary public costs will be fire and police services. City Council finds that changing the zoning of this site will not cause excessive additional requirements at public cost. City Council also finds that the annexation and zoning of this site to C-G and L-O will not be detrimental to the community's economic welfare. I. Will the proposed uses 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; The applicant is not proposing a specific use for this property at this time. City Council finds that any future uses will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact will depend upon the type of future use(s). The purpose of the C-G zone is to "provide for commercial uses which are custommily operated entirely or almost entirely within a building." The purpose of the L-O zone is to "pennit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses.. .shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." As such, City Council does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. MCC 11-16-4 orovides the P&Z Commission and Citv Council the authority to require a oronerty owner to enter into a Develooment Afrreement with the Citv of Meridian that mav require a Conditional Use Pennit or some written commitment for all future uses to more fully comnlv with this findinfr. Due to the mixed-use nature of the conceptual site plan, City Council believes that a Development Agreement is necessary. (See Annexation and Zoning Site-Specific Comments and Conditions below) J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; City Council finds that future uses will impact the level and flow of traffic on the sun'ounding streets. The applicant is not proposing specific access for this site with the AZ application. The concept plan submitted with the application shows a vehicular access to Wells Street and one to Freeway Drive. These two access points are connected through the site via a drive aisle. Standards for future driveway offsets are detennined by ACHD. Further, specific traffic count generation will be detennined at the time of development application, which must be reviewed and approved by ACHD. City Council finds that the property can be designed to not create significant interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council finds that the Five Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. As a large portion of this site lies within the floodplain/floodway of the Five Mile Creek, future development of the property should comply with the established guidelines for construction within floodways!f1ood plains. City Council is not aware of any other natural or scenic feature(s) that may be lost, damaged or destroyed by allowing this site to be annexed and developed. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" For the reasons listed in the fin dings above, CUv Council finds that the annexinf! and zonincr of this fJrotJertv would be in the best interest of the Citv. February 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Landstar NW, LLC V AR 04-007 February 15, 2005 ITEM NO. 5..C REQUEST Findings for Approval - Request for a Variance to the Sign Ordinance for sign height reader board area, direct illumination and flashing light for new signage for a movie theater for Majestic Cinemas - 2400 East Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DE?T: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRlCT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: ;;~:~~~ed~jJ~~1\e* tOM Date:~ ;pne: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Findings ~vV CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF DECISION & ORDER In the Matter of Request for a Variance to the Sign Ordinance for Sign Height, Readerboard Area, Direct Illumination and Flashing Lights for New Signage for Majestic Cinemas (2400 E. Overland Road) Case No(s). V AR-04-007 For the City Council Hearing Date of: February 1, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the February 1, 2005, public hearing. The applicant, affected property owners, and g0vemment subdivisions providing services within the plaooing jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staffreport. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-04-007 - PAGE I of 4 verified that the property owner of record at the time of issuance of these findings is LandStar NW, LLC (represented by Mr. Ray Hallett). 4. Required Findings per the Zoning Ordinance a. See Exhibit B for the findings required for the Variance application under Title 11. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 6. That this approval is subject to the Legal Description in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Melidian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance request, as evidenced by having submitted the application dated December 16, 2004 (File No. V AR-04-007), is hereby approved and grants a variance to the following sections of Meridian City Code: MCC Section 1] -14-5.1.2 Existin Standard A roved Standard Manual readerboards allowed for up to All manual readerboards for up to 50% of si 1 back round area 100% of sim back round area Wall signs allowed up to a max. of 30 The entry spire of the wall sign feet allowed u to 49 feet Direct illumination signs prohibited on All wall signs to utilize exposed neon wall si s tubes for letters MCC ] 1-14-9.F.2 MCC lI-14-9.FA CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-04-007 - PAGE 2 of 4 flashing lights and Allow readerboards and allow flashing rohibited on wall signs neon of u to 6% of neon section 2. The subject Variance approval is restricted to the theater use only and is not allowed to extend to future users of the building. D. Exhibits Exhibit A: Legal Description Exhibit B: Variance Findings By action of the City Council at its regular meeting held on the ;;g"~{;Jt.~ ,2005. COUNCIL MEMBER SHAUN WARDLE /5./f: day of VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED M~~L/~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-04-007 - PAGE 3 of 4 and City Attorney. By: \.1()h()~~~ City Clerk's Office Dated: 2- ~8"05 CITY OF MERIDIAN FIND.lNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-04-007 - PAGE4 of4 EXHIBIT A Majestic Cinemas (Boise Valley Commons Sub) V AR-04-007 Legal Description LANDSTAR NW LLC VARIANCE APPLICATION EXHIBIT B A parcel of land located in the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the one quarter corner common to Sections 17 and 20, Township 3 North, Range 1 East, Boise Heridian, thence North 89Q 52' 19" West a distance of 100.60 feet to a point, thence North 009 24' 56" East a distance of 45.00 feet to a point, thence North 89'2 52' 19" West a distance of 1227.57. feet to a point, thence North 00'2 28' 00" East a distance of 179.13 feet to a point, said point being the POINT OF BEGINNING: Thence North 000 28' 00" East a distance of 838.01 feet to. a point; Thence along a curve to the left a distance of 604.07 feet, said curve having a central angle of 0302 35' 03", a radius of 9656.30 feet and a chord bearing which bears North S5G 10' 00" East a distance of 603.97 feet to a point; Thence South DOG 28' 21" West a distance of 165.59 feet to a. point; Thence South 890 31' 41" East a distance of 236.92 feet to a point (hereinafter "Northeast Line"); Thence SouthOOG 28 '21" West adistance of 491. 11 feet to a point (hereinafter ."East; Line"); Thence South 81" 3 6' OQ" West a distance of 314; 4 9 feet to a pointi Thence. along a curve to the left a distance of 166.36 feet; said curve having a central angle of 81" 28' 03", a radius of 117.00 feet and a chord bearing ",hich bears South 40G 51' 59" West a distance of 152.70 feet to a point~ Thence South DOG 07' 57" West a distance of 72.36 feet to a (said point hereinafter referred to as. "Southeast Corner"); Thence North 89G 31' 41" West a distance of 428.97 feet to a point, said point being the Point of Beginning. The above . described. :(Ia,rcelcontaining 13;99 ~acres more or less and subject to all existingeasernents and rights of way. EXHIBIT B Majestic Cinemas Sign Variance V AR-04-007 VARIANCE FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCIl-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; According to the application, the primary "special circumstance or condition" that warrants the requested variances is the size of the building, which is largely driven by ADA (Americans with Disabilities Act) regulations that went into effect in 1992 that impacts recreational uses. Since that time, the applicant states new theaters have been forced to expand both in area (to accommodate extra auditorium entry aisles) and in height (to accommodate stadium seating required by ADA ramp limits). The main roof line of the building is 30 feet in height and the highest point of the center parapet/entry feature raises to 40 feet - approximately 50% higher than typical "big box" stores (see Item #10, pg. 2 of application). The applicant's goal with this project is to provide a "traditional movie theater experience." In his definition, this experience includes a structure that includes a spire entry feature, flashing neon lighting and a changeable marquee (manual readerboard). In order to achieve this "traditional experience," the applicant believes the proposed variances are necessary. Strict application of the ordinance would require the applicant to: propose permanent wall signs (without a readerboard component) that are significantly beyond the size and scope of what is necessary just to achieve the 381 square feet of desired readerboard area; limit the height of the wall sign/lettering on the spire at the center of the structure to 30 feet (which would not extend above the roof line); cover the neon tubing in Plexiglass or another material to diffuse the bulb (the source of light); and to keep the neon lights as static without flashing. The main question with this finding seems to be one of defining a "special circumstance." Certainly, complying with ADA specifications is not unique to this site. Majestic Cinemas Findings of Fact - V AR-04-007 - Exhibit B Page 1 0[3 All commercial properties are subject to this law. In addition, there are no pre-existing special circumstances or conditions on the site that the applicant is not creating. It could be argued that the theater use is unique to the City of Meridian and, given the size of the structure needed to accommodate an 18-screen theater, the size and scale of the signs should also be deemed unique. Good planning includes - if not demands - proportionality and relationship between a site, its building(s) and the signs. It should be clarified here that, according to Idaho Statute 67-6516, a variance cannot be granted fill a land use - only to modify the bulk and placement requirements of the ordinance. But the applicant is not requesting a variance to the land use itself (theaters are permitted in the C-G zone). We are simply looking at the type of land use as one factor in the application. Granting the variance would not seem to set an undesirable precedent if the City Council considers Q!!1y theater uses, especially since Meridian is not likely to ever have more than three or four theaters within its city limits. It would not be unreasonable to have only three or four buildings with similar signage to what is being proposed in this application. However, if the proposed sign standards were extended to illl uses and structures in the city, it could be considered undesirable (e.g. allowing all commercial uses to construct wall signs up to 49 feet in height or to allow 100% of wall signs to be readerboards) . The City Council finds that the nature of the subject land use and the tradition of theater buildings in America and the signs historically associated with theaters is a special circumstance that should be considered for this property. Therefore, although the site does not pose any special or unique characteristics, the theater use on the site is unique to the community and is not accommodated well in the existing Sign Ordinance. The subiect Variance avvroval is restricted to the theater use onlv and is not allowed to extend to future users of the building. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; City Council finds that requiring the applicant to comply with MCC 11-14 would certainly diminish the overall recreational experience of the user, but we do not find that an extraordinary hardship would result. MCC 11-17-3.B requires that the proposed development plan be harmonious with the goals of the Comprehensive Plan. As noted in the application, the Comprehensive Plan does state that "aesthetics" is an important factor in the design and environment of the city. It also encourages enhancing passive Majestic Cinemas Findings of Fact - V AR-04-007 - Exhibit B Page 2 of3 recreational opportunities (Chapter VI - 3 - Recreation). Council finds that strict compliance to the MCC 11-13-5.B.2 would inhibit the broader objectives of the Comprehensive Plan. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council finds there are existing, electronic readerboards along 1-84 which include some flashing lights; the proposed Majestic Cinema signs are not directly oriented to 1- 84 or Overland Road; and that the proposed variances will not be detrimental to the public's welfare or injurious to other properties in the area. In fact, constmcting signs as depicted in the application would have the effect of enhancing the public's theater- going experience. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. MCC 11-]-4 lists a number of purpose statements for Title 11 (Zoning Ordinance). Section 11-1-4.H. states a purpose is "to encourage excellence and creativity in the design of all future developments and to preserve the natural beauty of Meridian's setting." City Council finds that the issuance of a variance to the sign ordinance will have the effect of enhancing the recreational experience of Meridian citizens - not altering the purpose and interest of the Zoning Ordinance. The theater use walTants special consideration in light of the goals of the Comprehensive Plan. Majestic Cinemas Findings of Fact - VAR-04-007 - Exhibit B Page 3 of3 February 11,2005 MERIDIAN CITY COUNCIL MEETING February 15, 2005 APPLICANT Boise Valley Commons, LLC ITEM NO. PP 04-042 5~D REQUEST Findings for Approval- Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Valley Commons - 2200 East Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~I'O ~JJ P/U Date: ~ Phone: Emailed: ~ J\e.... 6 '. ~l\; .C,<lt") ~ A.JZ, Materials presented at public meetings shall become properly of the City of Meridian. See attached Findings ~vP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for preliminary plat approval of eighteen (18) commercial building lots on 33.1 acres in a C-G zone, for Boise Valley Commons Subdivision (aka _ Destination Place and Majestic Marketplace), by Boise Valley Commons, LLC & LandStar NW, LLC. Case No(s): PP-04-042 For the City Council Hearing Date of: February 1,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the February 1, 2005, public heming(s). The applicant, affected property owners, and goverrunent subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set fmih in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERrDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-042 - PAGE I of 4 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Plalming & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Boise Valley Commons, LLC and LandStar NW, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967- 6503 ). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code SII-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat in Exhibit B, and the Preliminary Plat Conditions in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-042 - PAGE 2 of4 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped November 10, 2004 is hereby conditionally approved; and 2. The conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC l2-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the goveming body ofthe City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C; Preliminary Plat Conditions Exhibit 0: Preliminary PlatFindings By action of the City Council at its regular meeting held on the /5'./6 Ii~K?{/l:r ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CAS E NOeS). P P-04-042 - P AG E 3 of 4 COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. By: ~(U (\ M ~J\w.1LI. ) Ity Clerk's Office Dated: 2-' l (j -OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-042 - PAGE 4 of 4 EXHIBIT A Boise Valley Commons Subdivision (aka - Destination Place) PP-04-042 Legal Description _.."V/22./04 15,05 FAX 208 343 4636 NOV-OB-2004 110N 10: 01 ElM FAX RD. 30092 @Ol).l P. 03 t</L--. r', LEGAL DESCRIPTION Order Number: 04029556 JI. TAACT OF LAND srrlJ'ATIlO nt It.. PORTION or THE JlOtrnlEAST ow QUARTER OF THE SOUTUIIllS'1' 0ll'Z QUARTER Oll' SECTION 11, TOWNS1llP 3 NORTH, li\.l\NGE 1 E<I.!l'l', 1I0:tllli: Wj:RIDIAN, CITY or MEllID;tAN, AllA COUNTY. mAliO, DESCltIllED AS FOLLOWS i COMMENCING AT A FOUND BRAS9 CIU' MON'OMEl'lUNG nn: SOU'l'l.mllST CORNER OF SAID SECTION 17, 'r!1l!:NCE. VOLL01UNG 'nIB SOUTHIlRLY LINli: OF SAID SEC'J:IOlt 17 AND TIm ctmTE.RLIl1E OF EAS'1' OVERt.J\NO ROAD, SOU'll{ 99' 52' 19. lUIS'l' A DIST.l\NCn: OF 2,65'. U li'n:':C '1'0 A FOUND 2RASS CAP NO:NIDIENTI:NG nm SOUTH ONS QU!\.RTD COIUlER OF SAID SII:Cl'ION 1'7 f TltllNClt Lli:AVING SAm SDU'l'RlilRLY SECTION loIN!!: 1Ih'P SAID CEN'l'RRLINE NORTH 00'24'5ll" l!:AST A PIST1INCll: OF 45.00 FEET TO A SET S{B-:tHCH S'rEEL PIN ON' :nUl NORTlmnLY Il.IGB:T-Oll'-WAY Oll' nB'l' OVERLAND ROAD t.NO nIB l'O:I:NT 01' 1I11G:mNDlG. 'ntSNCl'! FOLLOWING SAID NOtl,Tm:RLY nIGHT-OF-NAY NORm B~'52' U. waST 1\ PIS'1'1\NCB OF 1,328.18 FEET TOA SET SIll-INCH StEEr.. PIN, 'l'BEUCll: tEAvma SAm llOR'.t1lJmLY llJ:CllT-Oli'~WAY NORm 00"2B'OO~ IDUlT A DIS'l'ANCE Oil' 1,01'1.14 WaRT TO A FOUND 5/B-mea STEZr. FIN Olf TIIE OOU'l'lUllU..y m:tmT-Oli'-WAY all' IN'i'Ell.STA'l'n II 4., 'I'Ullh"'CiiI FOLLQWJ:NG SAID SOUTlIllRLY RIGHT-Oli'-W1lol', 1285.55 FEET ALONG THill AltC 0l1' A NON-'1'ANGENT CURVE TO Tlliil LEFT. SAID CURVE UAVrNG A Rl'J)):US or 9,G5~.30 lI'EB'I', A CENTRAL ANGLE OF 07.37'32", A CHOlW Ill!lA1l.J:NG Oll' NOUTH 83.0B'43ft E:AST JOO} A CIIORD DIST.l\NCE OF 1,2811.. 61 J:l'EllT :I'D A 1'OtnlD STATE OF mARO HIG!roAY MONUlillliTJ TmlNCE FOLLOWING SAm SOTJ'l'HERLY RiGIIT-OF-WAY NORTH B1"33'39" EAST A DISTANCI;: 011 53.GZ FEEl' 'rO A li'omm SIB-INCH STEEL PINI 'l'mrnCE LEAVING SAm SOUTUSRr,y Il.IG:IIT OF WAY. SOU7!! 00":1;4'58" WEST A DISTANce 01/ 1,181.30 FElilT TO TIllI: POINT OF BEGINNING. EXHIBIT B Boise Valley Commons Subdivision (aka - Destination Place) PP-04-042 Approved Preliminary Plat EXHIBIT C Boise Valley Commons Subdivision (aka - Destination Place) PP-04-042 Preliminary Plat Conditions The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add Site Specific Condition #12 to page 8 of the staff report that states: "For addressing purposes of buildings on Lots 6,7,8,9, 10, and 13, the applicant shall provide Fire Department approved monument signs at both ends of the 30-foot wide access easement loop and at each curb cut where a given lot intersects the access dIive." B. Adopt the Comments and Recommendations ofthe Meridian Planning & Zoning and Public Works Departments as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. The pre] iminary plat prepared by CSHQA, labeled PP-l, dated 11-10-04, is approved with the changes listed herein. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. All building setbacks shall confonn to the applicable zoning regulations of the City of Meridian at the time of issuance of a building pennit. 2. There is no frontage requirement for the lots within Boise Valley Commons Subdivision. Provide a recorded copy of a cross access agreement(s) for the lots within the subdivision to utilize the service drive aisles as access to the public street system. Maintenance of said drive aisles shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. The applicant shall provide the required document(s) prior to the City Engineer's signature of the final plat. 3. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 4. The submitted landscape plan for the preliminary plat, prepared by CSHQA, and dated 11-10-04 is approved with the following changes/additions: · Provide a 10-foot wide landscape buffer along both sides of Millennium Way, Celebration Avenue and the access road, a 25-foot wide buffer along Overland Road, and a 50-foot wide buffer along Interstate 84, as proposed. All landscaping should be in accordance with MCC 12-13-10 (Street Buffers) and be located beyond any street right-of-way. · In accordance with MCC 12-13-7, revise the landscape plan to include all details regarding tree species, size, location, and other infonnation regarding landscape materials within the landscape areas. · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant shall make the proceeding changes/additions and submit revised copies of the landscape plan with the submittal of the final plat application(s). Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning and Zoning Department. 5. Submit a vacation application(s) to the Planning and Zoning Department for any sewer, irrigation, power line, or any other public utility easements that are proposed to be vacated with this development. 6. In accordance with Meridian City Code, all irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site shall be covered or tiled. Any ditch, canal or lateral to be piped shall be shown on plans, which shall be approved by the appropriate ilTigationldrainage district, or lateral users association, with written confinuation of said approval submitted to the Public Works Depatiment. 7. The applicant has indicated that the pressurized irrigation service will be owned and operated by Boise Valley Commons. Underground year-round pressurized ilTigation must be provided to all lots within this development. The City of Meridian requires that pressurized iITigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Depatiment as pati of the development plan review process. A draft copy of the pressurized ilTigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 8. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4- 10.F.3). All fencing shall be installed in accordance with MCC 12-4-10. If no pennanent fencing is provided, temporary construction fencing to contain deblis must be instal1ed around the pelimeter prior to issuance of a building pennit. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing an necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other cOlTections necessary to confonn. 11. Coordinate the extension of municipal water and sewer to this site with the Public Works Department. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 12. For addressing purposes of buildings on Lots 6, 7, 8, 9, 10, and 13, the applicant shall provide Fire Department approved monument signs at both ends of the 3D-foot wide access easement loop and at each curb cut where a given lot intersects the access drive. GENERAL CONDITIONS (PRELIMINARY PLAT) 1. All grading of the site shall be performed in confonnance with MCC 11-12-3.H. 2. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Depaliment. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity al'e determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing installations. 6. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional. trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 7. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for aU storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics dming the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 8. The applicant shall coordinate mailbox locations with the Melidian Post Office. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill matelial. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 12. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 14. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve applicant ofresponsibility for compliance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct Millenium Way to intersect the north side of Overland Road in alignment with Millenium Way on the south side of Overland Road, as proposed. 2. Construct Celebration A venue to intersect the north side of Overland Road in alignment with Celebration A venue on the south side of Overland Road, as proposed. 3. Construct the internal roadways as 40-foot street sections with vertical curb, gutter and 5- foot concrete sidewalks within 50-feet of right-of-way, as proposed. 4. Construct a stub street to the east property line approximately 470-feet north of Overland Road, as proposed. Construct a temporary turnaround at the tenninus of the stub street and install a sign at the tennlnus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Submit the Overland Road and Millenium Way intersection design plans to the District's Traffic Services Staff for review and approval. Coordinate the exchange of the old signal equipment with the District's Traffic Services Staff. 6. Other than the two public streets that have specifically been approved with this application, direct lot access to Overland Road is prohibited. A note stating the access restrictions shall be required on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. AU utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Provide fire hydrant locations per previous review letter from Rich Greene. Final Approval of the fire hydrant locations shall be by the Meridian Fire Depmiment. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Depmtment. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a minimum 20' wide drive aisle for all internal & external roadways and drive aisles designated as Fire Lanes. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. Maintain a separation of5' from the building to the dumpster enclosure(s). 9. Provide a Knoxbox entry system for the complex. 10. Paint curbing red and provide signage "No Parking Fire Lane". 11. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 12. Fire Sprinklers may be required for any building associated with this project. 13. The Meridian Fire Depat1ment is concerned about the ability to address Lot 6, 7, 8, 9, 10, 13. These lots do not front a private or public street. a. Option 1 is to provide a private street on the 30' wide access drive for purposes of addressing to minimize confusion during an emergency response. b. Option 2 is to provide monument signs at both ends of the 30' wide access easement and at each curb cut where a given lot intersects the access drive. E. Adopt the Recommendations of the Central Disttict Health Department as follows: 1. This proposal can be approved for central sewage and central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. All stonn water will be retained onsite. 2. You show the District's Cook Lateral and that it will be relocated and piped. I believe all the Cook needs to be is shOliened and the easement re-described. The eighteen (l8)-inch delivery, going to the north, can be pulled off of the end box of the Cook Lateral as it is at present. 3. The twenty (20)-foot easement shown is not acceptable. The easement is thirty (30)-feet. Nampa & Meridian Irrigation District does not reduce easements. We will, occasionally allow encroaclunents with approved plans and signed License Agreement. 4. Landscaping, with trees that will grow and put roots that get into our pipeline, over our pipeline is also unacceptable. Shrubs and grass are acceptable. Trees must be put outside the drip line so their roots can not get into the pipeline. 5. The PYC delivery, going to the north, must be approved by the Water Users on the north side of the freeway. They have a water user's association set up and their president or water master must accept this PYC pipe as it is beyond Nampa & Meridian Irrigation District's jurisdiction and responsibility once it crosses over the end weir. 6. Plans do not show any pressure irrigation. There has been talk about hooking up to the subdivision, Resolution, to the south and updating that pump station. This is acceptable however piping plan, services and an update must be shown before this can happen. 7. Also you will need an Urban Contract with Nampa & Meridian Irrigation District. This is in order for the District to bill the landowners of this project for operation and maintenance once it is completed. 8. Please contact the District's attorney, Bryce Farris at 342-4591 and ask that he prepare a License Agreement for the reduction of the Cook Lateral as well as encroachment on the District's easement. Once this agreement has been signed and returned it will be presented to the District's Board of Directors for their consideration at the next available board meeting. 9. If you are going to hook-up to the District's Urban Pressure System, please contact the District's attorney, Ms. Laura Burri at 342-4591 and ask that she prepare an Urban Contract. Once this agreement has been signed and returned it will be presented to the District's Board of Directors for their consideration at the next available board meeting. G. Adopt the Recommendations of the Idaho Transportation Depmtment as follows: 1. Noise abatement (berms, fences, etc.) will be the responsibility of the applicant and will be constlUcted off of the State Right of Way. H. Adopt the Recommendations of the Sanitary Services Company as follows: 1. Contact Bill Gregory at Sanitary Services Company (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application(s). Adopt the Recommendations of the Meridian Police Department as follows: ] . The proposed plat promotes the possibility of high-speed collisions on Overland Road at Celebration Avenue due to left-tum movements. Due to the close proximity of Celebration Avenue to Millennium Way, a signalized intersection, the Police Department prefers that Celebration Avenue be restricted to right-in/right-out only. EXHIBIT D Boise Valley Commons Subdivision (aka - Destination Place) PP-04-042 Preliminary Plat Findings PRELIMINARY PLAT FINDINGS Meridian City Code (MCC) 12-3-31.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Mixed Use - Regional'. In Chapter VII of the Comprehensive Plan, mixed use areas are intended to "provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged." The subject site is situated in a highly visible area that is rapidly transitioning from historically agricultural uses to commercial. Although a conceptual plan has not been submitted, City Council finds that the proposed subdivision and anticipated uses should be compatible with the existing and anticipated future land uses in the area. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): . "Penuit new . . . commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitmy sewer and water systems. · "Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development." (Chapter V, Goal I, Objective A) This parcel is underdeveloped, is currently within the City limits, and is considered infill development. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is proposing to install landscaping along Interstate 84 (50-j'eet), Overland Road (25-j'eet), and the internal public streets (JO-j'eet). Additional landscape requirements will be necessary when commercial businesses are developed in the filture. . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has fi"ontage on Overland Road, an arterial street. If landscaping and sidewalks are constructed adjacent to the site, City Council believes that this development would complement the residential uses in the area. City Council finds that the proposed subdivision is in general compliance with the Comprehensive Development Plan. B. The availability of public services to accommodate the proposed development; Overland Road was recently widened to 5-lanes abutting the site. As part of the recent improvements to Overland Road, a signal was installed at the intersection of Millennium Way. ACHD staff is recommending to the Commission that the applicant be required to construct Millennium Way, Celebration Avenue and the other proposed intemal public streets to their adopted commercial street standards. ACHD is also recommending approval of the proposed public stub street to the vacant parcel to the east and restricting any additional access (driveways) to Overland Road. ACHD is recommending, with site- specific and standards conditions, approval of the subject development. This item is scheduled to be heard at the January 12,2005, ACHD Commission meeting. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. See any comments from the Meridian PublicW orks Department regarding detailed analysis of this finding. On December 17, 2004, a joint agency/depmtment comments meeting was held with representatives of key service providers to this property. The detailed comments and conditions from the Fire Depmiment, Police Department, and other agencies/depmtments are at the end of this repOlt. The Commission and Council will need to reference any written or verbal testimony submitted by Nampa Melidian Irrigation District, Idaho Power, and other service providers regarding their ability to adequately service this project. City Council finds that all public services and facilities noted above appear to be adequate to serve this property. C. The continuity of the proposed development with the capital improvement program; City Council finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation for the development at their cost. D. The public financial capability of supporting services for the proposed development; As noted in the above finding, the developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. City Council finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the subject preliminary plat application. The Commission and Council should consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any natural or scenic feature(s) of major impOliance in the area that may be affected by the proposed development. City Council finds the Commission and Council should rely on any public testimony that may be presented to detennine whether the proposed use may cause health, safety or environmental problems, of which City Council is unaware. February 11,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 15,2005 ITEM NO. 5..E REQUEST Subscriber Agreement with Public Safety Testing, Inc. for the Meridian Fire Department AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~1fU - J.--S ~1~ p. ~ fJJJ'--' ~~~VO ~ .,/ ~ {P ~ ~ '00 ,0 ') tiJf:. ~/1tDr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHEREAS, Public Safety Testing, Inc. is a skilled provider of testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a non-exclusive subscriber agreement, NOW, THEREFORE, Public Safety Testing Inc., (the "Contractor") and the City of Meridian, a municipal corporation of the State of Idaho (hereinafter "Subscriber") do enter into this nonexclusive Subscriber Agreement under the terms and conditions set forth herein. 1. Description of Basic Services. This Agreement begins February 1, 2005. The Contractor will provide the following services to the Subscriber, on its request: 1.1 Advertise for, process applications for, and administer written examination for (check all that apply): o Entry-Level Firefighter - Written examination administration only o Firefighter-Paramedic personnel - Written examination administration only 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list, and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. MeridiclIl, ID Fire Department Subscriber Agreement Page 1 of5 Public Saftty Testing, Inc. Jam/my 2005 1.4 The Subscriber elects (select one): o A one-year subscription at a fixed annual fee of $1,700. o A three-year subscription at a fixed annual fee of $1,500. 1.5 Payment Options (select one): o One-time Annual Billing. Subscriber elects to pay for one-year in advance. The Subscriber will be invoiced during the first quarter of each year of their subscription term and payment shall be made within 45 days of receipt of invoice. o Quarterlv Billing. Subscriber elects to pay an amount equal to twenty-five percent (25%) of the annual fee quarterly for services rendered in the previous quarter. Billing will typically occur in March, June, September & December and payment shall be made within 45 days of receipt of invoice. 2. Additional Services. At the request of the Subscriber, Contractor may provide the following types of services: 2.1 Submission to the Contractor of additional requests for applicant testing with respect to any given eligibility list or any other task under the provisions of this paragraph shall be at the sole discretion of the Subscriber. This is a non- exclusive agreement and the Subscriber may continue at its discretion to conduct entry level testing in addition to the services provided by the Contractor, and may, in addition, contract with any other entity for services during the initial one-year term of this Agreement If the Subscriber elects to utilize the Contractor for a three-year subscription, he/she may terminate this Agreement in years two and three and contract for additional services in accordance with the provisions of paragraph 7 below. 2.2 In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to separate written agreement 3. Acknowledaements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 The written and physical agility scores of any applicant shall be valid for 15 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. The Subscriber shall review its applicable hiring kleridian, ID Fire Department Subscriber Agreement Page 2 of5 Public Sctjety Testing, Inc. JanuCl1Y 2005 processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.2 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process. The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 3.3 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 3.4 The Subscriber may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber shalf [ink PubJicSafetyTesting.com on its agency's website, if it so maintains one. 3.5 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 3.6 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services. 4. Testinq Standard and Warranty of Fitness For Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of applicable statute as the Subscriber shall notify the Contractor that the Subscriber must meet. Tests shall also be conducted in accordance with the general standards established by the Subscriber; the Subscriber shalf be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test and any and all other services attendant to or necessary to , provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete' written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. Any and all written materials, and the standards for physical fitness testing utilized, shall comply with all applicable copyrights and laws. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. Meridian, ID Fire Department Subscriber Agreement Page 3 of5 Public Saftty Testing, Inc. JanuGlY 2005 5. Independent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub-contractor of the Contractor. 6. Indemnitv and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify and hold harmless the Subscriber, its employees and agents from any and all costs, claims or liability arising from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub-contractor to the end that the Contractor shall be an independent Contractor and the Subscriber shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties; 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.2 The Subscriber shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the Subscriber in the provision of services hereunder. 7. Termination. This Agreement terminates on the last day of January, 200_, The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with 45 days written notice, provided, however, that the provisions of, paragraphs 1.3, 4, 5 and 6 shalf remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber. Provided further that in the event either party elects to terminate this agreement, prior to its expiration, any amounts paid by the Subscriber shall be pro-rated and reimbursed to the Subscriber, accordingly, within 60 days of termination of this Agreement. Meridian, JD Fire Departmenl Subscriber Agreement Page 40f5 Public Safety Testing, Inc. Jemumy 2005 8. Entire Aareement Amendment. This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. This Agreement is dated this ! 5f/;.. day of f:e6r--tt ar'J ' 20 &5, CITY OF MERIDIAN, IDAHO __ _- - "__ PUBLIC SAFETY TESTING, INC By ~:~tdf~~y: cI~-'. Print rnm de weeJ-c6 Jon F. Walters Jr. President J'vferidian, ID Fire Department Subscriber Agreement Page 5 of5 Public Safety Testing, Inc. Jam/my 2005 February 11 , 2005 MERIDIAN CITY COUNCIL ME81NG APPLICANT February 15, 2005 ITEM NO. 5-K REQUEST Agreement with JUB Engineers, Inc. for the Support Services for Existing Model Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~y-U Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. FEB 1 0 2005 Memo City of Meridian City Clerk Office To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 2/10/2005 Re: Proposed Agenda Item for February 15, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 15 City Council agenda, under Consent Agenda, for Council's consideration: Suooort Services for Existinq Model Uodate. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $20,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18th of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project consists of support services for the existing wastewater collection system model update. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Support Services for Existing Model Update with JUS Engineers, Inc. for $20,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 '~ . ("J.~ cPlG,;i1: .ES~~~~~~~~j,~~PlCRS J-U-B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES SF330 Code S04 PM Initials PHK J-U-B Project No.: 10..{JS..{J25 THIS AGREEMENT entered into this _ day of _ 20~ between City of Meridian hereinafter referred to as the "CLIENT' and J-U.B ENGINEERS, Inc., an Idaho Corporation of Boise, Idaho, hereinafter referred to as "J-U-B". WITNESSETH: WHEREAS the CLIENT intends to: Secure orofessional services on miscellaneous wastewater oroiects as soecificallv authorized bv the CLIENT hereinaflerreferred to as the "Project"; NOW, THEREFORE, the CLIENT and J-U-B, in consideration oftheir mutual covenants herein, agree as setforth below: MUTUAL RESPONSIBILITIES: This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement. Accordingly, the CLIENT and J-U-B, with a positive commitment to honesty and integrity, agree that each will assist in the other's perfonnance; that each will avoid hindering the other's perfonnance; that each will work diligently to fulfill its obligations; and that each will cooperate in the common endeavor of the Agreement. CLIENT INFORMATION AND RESPONSIBILITIES . The CLIENT will provide to J-U.B all criteria and full information as to CLIENTs requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications upon which J.U-B can rely for completeness and accuracy. The CLI ENT will furnish to J-U-B all data, documents, and other items in CLIENTs possession, or reasonably obtainable by CLIENT, including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions, rules and laws; and other special data or consultations, all of which J -U.B may use and rely upon in performing Services under this Agreement. The CLIENT shall designate a representative with authority to bind the CLIENT. The CLIENT will obtain, arrange and pay for all advertisements for bids, permits and licenses required by local, state, province or federal authorities, and all land, easement, rights-of-ways and access necessary for J-U-B's Services and Project construction. In addition, the CLIENT will furnish to J-U-B: Those items sDcificallv listed in subseauent addendums to this Aareement. PROJECT REPRESENTATIVES The CLIENT and J-U-B hereby designate thei r authorized representatives to act on their behalf with respect to the services and responsibilities under this Agreement. The following designated representatives are authorized to receive notices, transmit infonnation and make decisions regarding the Project on behalf oftheir respective parties, except as expressly Iim ited herein. These representatives are not authorized to alter or modify the tenns and conditions of this Agreement. For the CLIENT: 1. Name Brad Watson, P.W. Director Work telephone (208) 898-5500 Home telephone FAX telephone (208) 898-9551 E.mail address Work telephone (208) 376-7330 Home telephone FAX telephone (208) 323-9336 E-mail address phk@jub.com Address City of Meridian 660 E. Watertower Lane #200 Meridian, 10 83642 Special provisions or limitations: For J-U-B: 1. Name Phillip H. Krichbaum Address J-U-B ENGINEERS, Inc. 25D S. Beechwood Avenue #201 Boise. 10 83709 Special provisions or limitations; Page 1 01 4 TERMINATION The obligation to provide further Services under the Agreement may be terminated by either party upon thirty (3D) days written notice in the event of substantial failu re by the other party to perform in accordance with the terms hereof th rough no fault of the term inating party. If this Agreement is terminated by either party, J-U-B will be paid for Services rendered and for expenses incurred to the date of such termination, plus an allowance for demobilization costs as determined by J-U-B. Such demobilization costs shall be the cost and expense J-U-B incurs in withdrawing its labor and resources from the Project, and obtaining and engaging in a new project with the labor and resources withdrawn from the Project RISK ALLOCATION The CLIENT is aware of the risks, rewards, and benefits of the Project and J-U-B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that, to the fullest extent permitted by Jaw, the total combined liability of J-U-B, its agents, employees, and insurers, to the CLIENT, directly or through thi rd parties for all injuries, claims, expenses, costs and fees, damages or claims of expenses ariSing out ofthis Agreement from any cause, shall not exceed the amount of J-U-B's fees, as of the date of this Agreement Such causes include, but are not limited to, J-U-B's negligence, errors, omissions, strict liability, and breach ofthis Agreement. ]n no event shall J-U-B be liable for any incidental, indirect or consequential damages. The Client agrees that J-U-B is not responsible for damages arising directly or indirectly from any delays for causes beyond J-U-B's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency or otherthird party to act in a timely man ner; fail ure of performance by the CLIENT or the CLl ENT's contractors or consultants; or discovery of any hazardous substance or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its services in an orderly and efficient manner, J-U-B shall be entitled to an equitable adjustment in schedule and compensation. HAZARDOUS WASTE AND ASBESTOS The CLIENT agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless J-U-B, its officers, partners, employees and consultants (collectively, J-U-B) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attomeys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, incl udi ng negligence, strict liabi lily or statutory liabflily or any other cause of action, except for the sole negligence or willful misconduct of J-U-B. RIGHT OF ENTRY The CLl ENT shall provide for J-U-B's right to enter the property owned by the CLI ENT and others in order for J -U-B to fulfill the Services to be Performed hereunder. The CLIENT understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is not part of this Agreement. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless J-U-B, it's officers, directors, employees and subconsultants (collectively, J-U-B) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising or alleged Iy arising from procedures associated with testing or investigative activities or connected in any way with the discovery of hazardous materials or suspected hazardous materials on the property. MEDIATION BEFORE LITIGATION In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the CLIENT and J-U-B agree that all disputes between them arising out of or relating to this Agreement orthe Project, exceptfor the payment of J-U-B's fees, shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwise. The CLlENTfurther agrees to include a similar mediation provision in all agreements with independent contractors and consultants on the Project, and also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation as the primary method for dispute resolution among the parties to all those agreements. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute conceming the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses including attorney's fees as may be set by a court. SURVIVAL Notwithstanding completion or termination of this Agreementfor any reason, all rights, duties and obligations ofthe parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B. SUCCESSORS AND ASSIGNS CLI ENT and J-U-B are hereby bound, and the partners, successors, executors, administrators and legal representatives of such other party, in respect of all the covenants, agreements and obligations of this Agreement. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against J-U-B. J-U-B's services under this Agreement are being performed solely for the CLI ENT's benefit, and no other party or entity shall have any claim against J-U-B because of this Agreement or the performance or nonperformance of services hereunder. In the event of such third party claim, CLIENT agrees to indemnify and hold J-U-B harmless from the same. The CLIENT and J-U-B agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in the Project to carry out the intent of Ihis provision. CONTROLLING LAW, JURISDICTION, AND VENUE This Agreement is to be governed by the Jaw of the State of Idaho, principal place of business of J-U-B. Any action or proceeding arising from or in connection with this Agreement shall SUbject to the exclusive jurisdiction of the State of Idaho. Venue shall be proper in Ada County. Page 4 of 4 Qij.a } J-U-B ENGINEERS, Inc. ~ 250 S. Beechwood Avenue, Suite 201 . Boise, Idaho 83709-0944 . Telephone (208) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES CLIENT: PROJECT NAME: J-U-B Project Number: City of Meridian Misc. Wastewater Proiects 1 0-05-025 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project, dated Additional Services: (see attached) Task 010 - SUODort Services for Existina Model Uodate - 2005 J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: Name Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: (see attached addendum) Dated this _ day of ,200_. Citv of Meridian Print or Type Client Name J~U~B ENGINEERS, Inc. Client or Representative Signature By:{~itw~ By: Tammv de Weerd Mavor Print or Type Name and Title Phillio H. Krichbaum P.E. Proiect Mar. Print or Type Name and Title CITY OF MERIDIAN - MISCELLANEOUS WASTEWATER PROJECTS ADDENDUM NO.1 - SUPPORT SERVICES FOR EXISTING SEWER MODEL UPDATE Section 1 - Project Overview The Existing Model will be updated by City Staff with technical assistance by J-U-B Staff. J-U-B will provide technical gUidance support for the update. However, at the City's verbal request, J-U-B may provide additional support, beyond guidance, to complete the update. Under the guidance roll, we anticipate we would spend one person-day per week that the City Staff was actively working on the update project and the update would take six weeks of active work by the City Staff to complete. Therefore, we anticipate an initial time and materials budget of approximately $5,000 to $10,000. A project task list is shown in Section 2. Section 2 - Existing Model Update Tasklist Preliminary Items (Complete by 2/1/2005) A. Determine update date (Based on previous conversation with City Staff - date will be September 2004) B. Gather following information for update date 1. Development plans up-to-date 2. Flow monitoring at date 3. land use data at date 4. Aerial photos at date if necessary II. System Update (Complete by 4/112005) A. Remove master plan components 1. Bypass line south of freeway 2. Relief line on 5-mite trunk north of Pine B. Check system vs. base mapping - add lines if necessary C. Populate database for new lines 1 . Size 2. Invert Up 3. Invert Dn 4. Ground Up 5. Ground Dn 6. Infiltration low D. Field check questionable areas if any III. Service Area Update (Complete by 4/1/2005) A. Add service areas for new l1nes - use 8" lines to delineate service areas B. Check service with base map - modify if necessary 1. Check areas of recent development C. Check service area connection points based on base mapping D. Connect new/revised service areas to system February 11 , 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 15,2005 ITEM NO. 5-F REQUEST Agreement with Carono Engineers for the Centrate Equalization Tank Construction Management Services AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. FEB 1 0 2005 City of Meridian City Clerk Office Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 2/08/2005 Re: Proposed Agenda Item for February 15, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 15 City Council agenda, under Consent Agenda, for Council's consideration: Centrate Eaualization Tank Construction Manaaement Services. Carollo Engineers has submitted a task order, scope of work, and budget for the construction management services for this design project. They propose to complete the work for $35,304. This is an extension of the agreement between the City of Meridian and Carollo Engineers dated the 23rd of July, 2002 for the Wastewater Treatment Plant Facility Plan Update Project. This project consists of construction management services for the centrate equalization tank design project. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Centrate Equalization Tank Construction Management Services with Carollo Engineers for $35,304 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 TASK ORDER NO.6 CITY OF MERIDIAN PUBLIC WORKS (OWNER) AND CAROLLO ENGINEERS, A Professional Corporation (ENGINEER) This Task Order is issued by the OWNER and accepted by the ENGINEER pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated the 23rd of July, 2002 in connection with: CITY OF MERIDIAN WASTEWATER TREATMENT PLANT FACILITY PLAN UPDATE PROJECT (CENTRATE EQUALIZATION TANK PROJECT) PURPOSE The ENGINEER's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Construction Management Services for the City of Meridian, Centrate Equalization Tank Project. ENGINEER's SERVICES TASK 1 w Field Inspection Services The ENGINEER shall provide a Part-Time Resident Project Engineer to perform the following tasks: 1.1 Provide on-site inspection of the Work in accordance with the Contract Documents. Field inspection is budgeted for no more than 64 hours, including subsonsultants. It is understood that the City will provide personnel for field inspection and communication with the CONTRACTOR for the times when the ENGINEER is not on-site. Keep a daily written log of construction activities observed at the site on the days of part-time inspection. Issue and document field orders in writing per the Contract Documents. Submit copies to OWNER. Take photographs of construction in progress during each phase of the work. Compile and maintain digital photograph records of the project. TASK 2 - Contract Administration Services The purpose of this task is to provide office and field support engineering services during construction of the project. The ENGINEER will provide inspection services at selected stages for structural, mechanical, and electrical/instrumentation. Specific support services to be provided by the ENGINEER during construction include the following: 2.1 Attend and conduct preconstruction meeting. -1- 2.2 Attend construction meetings, budgeted for not more than 56 hours (including subconsultants), assuming meetings will be conducted once per month for 6 months of on- site activities. 2.3 Review CONTRACTOR's submittals and shop drawings for conformance with the Contract Documents. The labor estimate is based on review of submittals received after CONTRACTOR has reviewed and stamped for conformance. Electrical submittals will be reviewed by DC Engineering subconsultant. 2.4 Assist the OWNER with technical responses to CONTRACTOR's request for information (RFls), and questions from the field, and other CONTRACTOR requests. 2.5 Evaluate and prepare Change Order requests, if required. 2.6 Review CONTRACTOR's monthly payment requests and progress reports and provide recommendations to the OWNER for progress payments. 2.7 Assist OWNER with the evaluation of the project at Substantial Completion, and provide the punch list of items for completion with recommendation for progress payment. Provide assistance during start-up and during the OWNER's initial operation of new and modified facilities. 2.8 Assist OWNER in preparation of project close-out and final inspection report including verification of completion on the final punch list items. TASK 3 - Record Drawings The purpose of this task is to provide record drawings representative of the "As Constructed" project. Three (3) paper copies of "Half-Size" (11" x 17") Record Drawings shall be furnished. Record drawings shall also be provided to the City in electronic format on CD-ROM. TIME OF COMPLETION The proposed engineering services shall coincide with construction of the Project. It is anticipated that construction will proceed over an approximate 9 month schedule from March, 2005 through November, 2005. Actual construction time and scheduling will need to be adjusted according to the CONTRACTOR's actual schedule for completing the work. Record drawings will be completed following the construction period. COMPENSATION The not-to-exceed limit for engineering fees for the work described above is $35,304. A breakdown of the estimated engineering hours and other costs is presented in Exhibit A. The estimate assumes a 9 month construction schedule. The ENGINEER will invoice for this monthly on an hourly rate basis in accordance with ENGINEER's standard fee schedule in effect at the time the work is completed. A copy of ENG I NEER's current fee schedule is attached as Exhibit B. Outside services for subconsultant work and other direct costs shall be reimbursed at cost plus 10 percent mark-up. Travel and subsistence will be charged at cost. The ENGINEER shall not exceed the amount defined for the services of this Task Order No.6 without written authorization from the OWNER. -2- EFFECTIVE DATE IN WITNESS WHEREOF, duly authorized representatives of the OWNER and the ENGINEER have signed in confirmation of this Task Order No. 6 with the effective date this_day of of 2005. CAROLLO ENGINEERS, A Professional Corporation er CITY OF MERIDIAN PUBLIC WORKS (OWNER) By: Public Works By: Mayor Tammy DeWeerd Attest: William G. Berg Jr. City Clerk -3- E-: Z ~E-: E-:U CIJ~e;(I.) ?;i~O~ O~S:~ UA~~ ~~~~ ~OE-:E-: ~~~~5 E--<~u....~ ~,-,~~E:1 E3ZSNCIJ ~;~~~ o ';::;..... ~~g~ :;S~~ ~~E-:E-< ~~g~ ~~ZU O~ ;;;..U E-< U :-:l ~ o E-: lSO;) IClO.1 'E t; SlS0;) p;)Ifa l:llpO 'H;)Hd S8 ~ E I .0 (I.) &5 B1f!=I:l:l~UH;)Gf Jllo]Jp:lTtI E3 S ~ Jllp1l1:l10:lS ~ ~ o Q,l ~ C j"~ ~ o o :... ~ U S~YUIG!S.I:l~!S:la Jll:ITl10lU1S UOS.I:lpUV' trekl:J: l:l;J~U3: P:lfO.Id O)[U:l ff TIm .I:lBUUllW 10;JfO.Id ~ ~ ~ ~ U (I.) ~ Q ~ CIJ ~ \D t"'- Cf) \D~ 00 NN N"<t"<t 00(--.0\0(<')0'\ "<tOON....N(<') ......^ v-) 00' "<t' N' ,..; o "<t N OooON\DO \D~~~c<"l\D "<t N "<too;!.; ~"<t N Cf) \D~~~"<too "<t~"<t\DNN j .s~ ~ ~ ~~ .-I~ ~r.L: ~,...... E--<""'; o g. ~ I p... 6 g g; :B .~ ~ ~ ~~~~~ ~ "~lC.s~ a "s ~ .g ~ gp .~ ~ ~ ~ Q '5 ~ ]< ~ ~ ~ ~.~ .~ ~ ~ ~ j ~ 8 ; 'j M~g~8E~ ~P-<UCl),?CI')CI') c:=......Nc<"l"<tt"'-oo E-:C"'iC"'iC"'i0i0i0i \0 "<t Irl Irl" o o 00 00 "<t ~ ~ N c<"l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ a 'J:! .i ~ ~p.. :... OJ) Q ::= '2 .~ ~q ~g I:"'"l ~ ~:: E-:rri o .~ CIJ :El :-:l ~ ~ 0 ~ 1 ~ p.. EXHIBIT 8 CAROLLO ENGINEERS, PC FEE SCHEDULE As of March 1, 2004 Boise, Idaho Engineers/Scientists (ElS) E/S I E/S II E/S III E/S IV E/S V E/S VI E/S VII E/S VIII Partner Engineering Aides (EA) EAI EA II EA III EAJV EA V EA VI EA VII Engineering Technicians (ET) ET I ET II ETIII ET IV ETV ETVI ETVIf ETVIII Support Staff Office Aides Clerical Word Processors Project Equipment Communication Expense Travel and Subsistence Mileage SubconsuItant Other Direct Costs Expert Witness This fee schedule is subject to annual revisions due to labor adjustments. H:\Clienl\Meridian_BOI\6586c.20 Centrale CMS\Exhibit B_Fee SChedule.doc Hourlv Rate $84.00 96.00 117.00 131 .00 137.00 158.00 172.00 187.00 189.00 45.00 64.00 80.00 112.00 NA 126.00 133.00 56.00 61.00 66.00 71.00 83.00 93.00 110.00 140.00 39.00 56.00 70.00 6.50 at cost .375/mile Cost + 10% Cost + 1 0% Rate x 2 February 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 15, 2005 ITEM NO. 5-G REQUEST license Agreement with the Nampa & Meridian Irrigation District for the Franklin Road Waterline Extension AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~~ Contacted: Emaited: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. fEB 1 0 2005 City of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02/08/2005 Re: Proposed Agenda Item for February 15, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 15 City Council agenda, under Consent Agenda, for Council's consideration: ~ License Aareement for the Franklin Road Waterline Extension. A request for license agreement with the Nampa and Meridian Irrigation District for the three locations where the waterline will be crossing a Nampa and Meridian Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the three locations where the waterline will be crossing a Nampa and Meridian Irrigation District facility and authorize the Mayor to sign it. License Aareement for the Black Cat Pressure Sewer. A request for license agreement with the Nampa and Meridian Irrigation District for the four locations where the sewer line will be crossing a Nampa and Meridian Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the four locations where the sewer line will be crossing a Nampa and Meridian Irrigation District facility and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 . RINGERT '.CLARK CHARTERED LA WYERS October 11, 2004 LaUra E. Burri Jeffre,- R. ChriSlenson David P. Claiborne O. Blair Clmk Michael J. OooUltle S. Bryce FarriS David HammerquiSl Charles L. Honsinger Joseph a. Jones James P. Kaufman Jennifer Reid Mahoney James G. Reid Daniel V. Slcenson Mlyn L. Sweeney Nate W. Runyan J-U-B Engineers, Inc. 250 S. Beechwood Ave., Suite 201 Boise, ID 83709-0944 William F. Ringen. of Counsel Samuel Kaufman (l 921. J 986) Re: Request for License Agreement with Nampa & Meridian Irrigation District to construct a water line within the Kennedy Lateral, Purdam Drain and Ten Mile Drain along Franklin Road. Dear Nate: Enclosed for review and signature are duplicate originals of the above-referenced License Agreement which you requested on behalf of the City of Meridian. Both originals of the Agreement must be signed and notarized as indicated. Do not date the agreement. Ifboth originals are executed and returned to me by October 27,2004, I will be able to submit the agreement to the District1s Board of Directors for approval and signature at the Board's next meeting on November 2,2004. The District will then have its original recorded and return your original to you with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions. Yours very truly, ~.-... ~ -"".... ", ,., ~-.-;----. /~..A" ::--- ;:'P S~ Bryce Farris Enclosures -!-35 Sourll Tllird Street . P.O. Box 2773 . BOise. Idaho 8370 I . 208/342-4501 F.'\X 34.2-4.657 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of , 2004, by and among NAMP A & MERIDIAN IRRlGA TIONDISTRICT, an irrigation district organized and existing under and by virtue of the laws ofthe State ofIdaho, party of the first part, hereinafterreferred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", }Y 1 I ~ 12; ~ .s. .E I II: WHEREAS, Licensee is the owner of real property/right-of-way for a water line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canallmown as KENNEDY LATERAL PURDAM DRAIN AND TEN MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising Ollt of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, atthe District's option, to remove any facili ty installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Ifthe Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shan have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shan be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shan create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indenmify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed. or asserted to extend the application of any statute, rule, regulation, directive or otherrequirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall inderrmify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (inc1 uding reasonab Ie attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the p!:ovision~_C?f thi~~gr~e!!!.e~~~hether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreemenr,- 6nlie~prevailfngpany-Jh-C-<fS-e- suit is- instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be construed to impair the right of way ofthe District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. ill the event of the failure, refusal or neglect of the Licensee to comply with all ofthe terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions ofthis agreement shall remain in full force and effect 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMP A & MERIDIAN IRRlGA TION DISTRICT By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) ss: County of Canyon ) On this _ day of ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMP A & MERIDIAN IRRlGA TION DISTRICT, the irrigation district that executed the foregoing instrument and aclmowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires:~ STATE OF IDAHO ) )ss. County of Ada ) On this _ day of ,2004, before me, the undersigned, a notary public in and for said state, personally appeared and , known to me to be the and ,respectively, oftlle CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acmowledged to me that such entity executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at , My Commission Expires: LICENSE AGREEMENT - Page 5 EXHIBIT A Lel!al Description A right-of-way described in Exhibit A-I attached hereto and a right-of-way in Franklin Road in the South 1/2 of Sections 10 and 11, Township 3 North, Range 1 West, B. M., Ada County, Idaho. EXHIBIT C Puroose of License The purpose of this License Agreement is to pennit Licensee to construct and install a water line across and over the Kennedy Lateral and Purdam Drain where said ditches intersect Franklin Road and construct and install a water line across and under the Ten Mile Drain where said ditch intersects Franklin Road and Ten Mile Road, aU within Licensee's right-of-way, described in Exhibit A-I and the rights-of-way for Franklin Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of eight sheets: sheet lof 13 entitled "City of Meridian, 2004 Water Line Improvement Proj ect, Title Sheet," bearing engineer's stamp dated October 4, 2004; sheet 3 of 13 entitled "City of Meridian, 2004 Water Line Improvement Project," bearing engineer's stamp dated October 4, 2004; sheet 5 of 13 entitled "City of Meridian, 2004 Water Line Improvement Project," bearing engineer's stamp dated October 4, 2004; sheet 7 of 13 entitled "City of Meridian, 2004 Water Line Improvement Project," bearing engineer's stamp dated October 4,2004; sheet lOaf 13 entitled "City of Meridian, 2004 Water Line Improvement Project," bearing engineer's stamp dated October 4,2004; sheet 11 of 13 entitled "City of Meridian, 2004 Water Line Improvement Project," bearing engineer's stamp dated October 4, 2004; sheet 12 of 13 entitled "City of Meridian, 2004 Water Line Improvement Project," bearing engineer's stamp dated October 4,2004; and sheet 13 of 13 entitled "City of Meridian, 2004 Water Line Improvement Project," bearing engineer's stamp dated October 4,2004. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and aclmowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder oftitle to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder oftitIe to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. LICENSE AGREEMENT - Page 6 d. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Kennedy Lateral, Purdam Drain and Ten Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easement for the Kennedy Lateral is 55 feet, 20 feet to the left and 35 feet to the right of the centerline looking downstream. The District's easement for the Purdam Drain is 65 feet, 25 feet to left and 40 feet to the right of the centerline looking downstream. The District's easement for the Ten Mile Drain is 100 feet, 50 feet to either side of the centerline. e. essence. Construction shall be completed one year from the date of this Agreement. Time is of the LICENSE AGREEMENT - Page 7 o <( Exhibit A-1, page 1 N. t If JO 0 1 " = Be)' 120 SCALE: PARCEL #51211336062 2954 W. FRANKLIN RD. APPROX. 100' NMID EASEMENT FERGUSON & JONES PROPERTt' PERMANENTWATERLJNE EASEMENT - EXJ:USIT A .~ . ' r~.U-B} ~ Engineers SU1"'\'eyors Planners EXHIBIT B Project: Grantor: Parcel No: Date: 11 873 John Ferguson a: Burk Jones 51211336062 August 26, 2004 PARCEL DESCRIPTION PERMANENT EASEMENT That portion of the Southwest 1,4 of the Southwest 1,4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southwest corner of Section 11; thence along the Southerly boundary of said section, South 89.09'31" East, 180.39 feet; thence North 00' 50'29" East, 32.84 feet to the Northerly right-of-way of Franklin Road, the POINT OF BEGINNING; thence North 57"50'45" East, 41.57 feet; thence North 86'03'09" East, 121.20 feet; thence South 48- 56'51" East. 51.61 feet to the Northerly right-ot-way at Franklin Road; thence along said right.of-way. North 78"24'32" West, 20.33 teet; thence North 48"56'51" West, 29.n feet; thence South 86'03'09" West. 114.55 feet; thence South 57" 50'45" West, 18.13 feet to the Northerly right-of-way of Franklin Road; thence along said right-at-way. South 83"23'35" West, 23.19 feet to the POINT OF BEGINNING. TOGETHER WITH: Commencing at the Southwest corner of Section 11; thence along the Westerly boundary of said section, North 00.51'56" East, 291.93 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 00'51'56" East, 10.00 feet; thence South 89.08'04" East, 55.16 feet; thence North 00'51'56" East, 77.37 feet; thence North <<"08'04" West, 78.00 feet to the Westerly boundary of Section 11; thence along said boundary, North 00"51'56" East, 14.14 feet; thence South <<"08'04" East, 92.14 feet; thence South 00"51'56" West. 91.51 feet; thence North 89"08'04" West, 65.16 feet to the POINT OF BEGINNING. Containing 0.096 acres (4,182 square feet), more or less. END OF DESCRIPTION Exhibit A, page 2 RMH/TLK:lhc F:\ProjectManage~\PHK\ 1187J-Black Cat\ 11 B73-Sur\Descriptions\Fergusonli:Jones-ESMT.doc @ Exhibit B February 11, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT February 15, 2005 ITEM NO. 5-H REQUEST license Agreement with the Nampa & Meridian Irrigation District for the Black Cat Pressure Sewer AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~,tV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeffnos shall become property of the City of Meridian. To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02/08/2005 Re: Proposed Agenda Item for February 15, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 15 City Council agenda, under Consent Agenda, for Council's consideration: License Aareement for the Franklin Road Waterline Extension. A request for license agreement with the Nampa and Meridian Irrigation District for the three locations where the waterline will be crossing a Nampa and Meridian Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the three locations where the waterline will be crossing a Nampa and Meridian Irrigation District facility and authorize the Mayor to sign it. :K License Aareement for the Black Cat Pressure Sewer. A request for license agreement with the Nampa and Meridian Irrigation District for the four locations where the sewer line will be crossing a Nampa and Meridian Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the four locations where the sewer line will be crossing a Nampa and Meridian Irrigation District facility and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. €l Page 1 RINGERT _CLARK CHARTERED LAWYERS Laura E. Burri ~C~~~~(pR.c~~~~~~r;:on D. Slair Clark MichaelJ. Doolillle S. Srvce FarriS David Hammerqu;"1 Churles L. J-Ionsinger ~~~~h p~.~~~j~an ~~~n~e~~~~~uhOney Daniel V. Slcenson ..\lIyn L. Sweeney June 23,2004 William F. Ringen. of Counsel Samuel Kaufman [I 9;! I -I 9861 Phil H. Krichbaum J-U-B Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709-0944 Re: License Agreement with N amp a & Meridian Irrigation Districtto construct sewer line within the Eight Nlile Lateral, Safford Lateral, Nine Mile Drain and Ten Mile Drain Dear Phil: Enclosed please find the duplicate originals of the above-referenced License Agreement. As we discussed, please have the originals signed and notarized where indicated and return them to me. I will then forward them to Narnpa & Meridian Irrigation District for execution and recording. Please call me if you have any questions or comments regarding this matter. Sincerely, ~~ Kimi White Assistant to S. Bryce Farris Enclosures 455 South Tllird Street . P.O. Box 2773 . Boise. Idaho 8370 I . 208/34-2--1-59 I F:\X 34-2--1-657 RINGERT <+CLARK CHARTERED LAWYERS January 14, 2004 Laura E.. BUrri Jeffre'.' R. Cl1risten.son Da"id p, Claiborne D. Blair Clark MichaelJ. Doolinle S, Bryce Filfris Dil,'ld l-IammcrquLsI Charlcs L. l~onsing(" Joseph B. Jonps James P. ""ulman Jennifer Reid Mahone\' James G, Reid . Daniel Y. Steenson :\lIyn L, Sweene~' Phil H. Krichbaum J-U-B Engineers, Inc. 250 S. Beechwood Ave., Suite 201 Boise, ill 83709-0944 William F. Ringen. of Counsel Samuel Kaufman (102 I. 1086) Re: Request for License Agreement with Nampa & Meridian Irrigation District to construct sewer line within the Eight Mile Lateral, Safford Lateral, Nine Mile Drain and Ten Mile Drain. Dear Phil: Enclosed for review and signature are duplicate originals of the above-referenced License Agreement which you requested on behalf of the City of Meridian. Both originals of the Agreement must be signed and notarized as indicated. Do not date the agreement. Ifboth originals are executed and returned to me by January 28,2004, I will be able to submit the agreement to the District's Board of Directors for approval and signature at the Board's next meeting on February 3,2004. The District will then have its original recorded and return your original to you with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions. Yours very truly, // /I~- ..~ .:.-- Z/ - // S. Bryce Farris Enclosures 453 South Third Street + P.O. Box 2773 + Boise. Idaho 8370 I + 208/342-..).591 F:\X 342-4657 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of 2004, by and among NAMP A & MERID IAN IRRlGA nON D ISTRlCT, an irrigation district organized and existing under and by virtue of the laws of the State ofIdaho, party of the first part, hereinafter referred to as the "District", and CITY OF :tv1ERlDlAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", W!I~.Q~~gIH: WHEREAS, Licensee is the owner of real property/right-of-way for a sanitary sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as EIGHT MILE LATERAL. SAFFORD LATERAL NINEMILE DRAIN AND TEN MILE DRAlN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached'hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indenmify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shan not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms ofthis agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any LICENSE AGREEMENT - Page 2 claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal; state, or other agency or official to the District's o\Vl1ership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the Distrids operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution oftrus agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option ofthe District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (incl uding reasonab Ie attorney's fees) incurred by, or asserted against, the District by reason ofthe negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shan install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior vmtten consent of the District. Nor shall Licensee pennit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such LICENSE AGREEMENT - Page 3 the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. third party. This agreement is not intended for the benefit of any third party and is not enforceable by any 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or othenvise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: LICENSE AGREEMENT - Page 4 CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) S5: County of Canyon ) On this _ day of 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Ralph B. Wissel and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERlDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acmowledged to me that such irrigation district executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Idaho My Commission Expires:_ STATE OF IDAHO ) )ss. County of Ada ) On this _ day of 2004, before me, the undersigned, a notary public in and for said state, personally appeared and known to me to be the and respectively, of the CITY OF MERlDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at My Commission Expires: LICENSE AGREEMENT - Page 6 EXHIBIT A Le2:al Descriotion A right-of-way in Ustick Road in the North 1/2 of Section 3, Township 3 North, Range 1 West, B.M anda right-of-way in Black Cat Road in the West 1/2 of Section 3, Township 3 North, Range 1 West, B. M., Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct and install a sanitary sewer line across and under the Eight Mile Lateral where it intersects Black Cat Road; 2. construct and install a sanitary sewer line across and under the Safford Lateral where it intersects Black Cat Road; 3. construct and install a sanitary sewer line across and under the Nine Mile Drain where it intersects Ustick Road; and 4. construct and install a sanitary sewer line across and under the Ten Mile Drain where it intersects Black Cat Road, all within Licensee's right-of-way, described in Exhibit A and the rights-of-way for Ustick Road and Black Cat Road in Meridian, Ada County, Idaho. EXHIBIT D Soecial Conditions a. Construction shall be in accordance with certain plans consisting offive sheets: sheet 2 of 16 entitled "City of Meridian, Black Cat Pressure Sewer," bearing engineer's stamp dated December 29, 2003; sheet 3 of 16 entitled "City of Meridian, Black Cat Pressure Sewer," bearing engineer's stamp dated December 29, 2003; sheet 5 of 16 entitled "City of Meridian, Black Cat Pressure Sewer," bearing engineer' 5 stamp dated December 29,2003; sheet 8 of 16 entitled "City of Meridian, Black Cat Pressure Sewer," bearing engineer's stamp dated December 29, 2003; and sheet 11 of16 entitled "City of Meridian, Black Cat Pressure Sewer," bearing engineer's stamp dated December 29, 2003. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder oftitIe to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder oftitle to the property. LICENSE AGREEMENT - Page 6 Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure ofrights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Eight Mile Lateral, Safford Lateral, Nine Mile Drain and Ten Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easement far the Eight Mile Lateral is 50 feet, 25 feet to either side of the centerline. The District's easement for the Safford Lateral is 45 feet, 15 feet to left and 30 feet to the right of the centerline looking downstream. The District's easement for the Ten Mile Drain is 100 feet, 50 feet to either side of the centerline. The District's easement for the Nine Mile Drain is 100 feet, 50 feet to either side of the centerline. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 , . Exhibit B February 11,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 15, 2005 ITEM NO. 5-l REQUEST Resolution - Establishing Mayor's Youth Advisory Council and Adopting the By-laws of the Mayor's Youth Advisory Council AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution r.~~ 61 WI" &6 /' tY Contacted: EmaHed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. CITY OF MERIDIAN RESOLUTION NO. tJ~ - +6 I BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION ESTABLISHING THE MAYOR'S YOUTH ADVISORY COUNCIL AND ADOPTING THE BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Meridian to establish a Mayor's Youth Advisory Council of the City of Meridian; and WHEREAS, the youth of the City of Meridian constitute an underutilized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS, the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth Advisory Council; and WHEREAS, on February 7, 2005, the Mayor's Youth Advisory Council prepared and adopted By-Laws, as attached Exhibit "A", to provide a framework for organization of the Mayor's Youth Advisory Council, its actions and agenda; and WHEREAS, on February 15,2005, the City Council of Meridian approved to establish a Mayor's Youth Advisory Council; and WHEREAS, 011 February 15, 2005, the City Council of Meridian, upon the recommendation of the Mayor's Youth Council, approved adoption of said By-Laws; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian has approved to establish a Mayor's Youth Advisory Council; and Section 2. The City Council ofthe City of Meridian has adopted the By-Laws of the Mayor's Youth Advisory Council attached as exhibit "A". Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION ESTABLISHING A MAYOR'S YOUTH ADVISORY COUNCIL AND ADOPTING THE BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL Page 1 of2 ADOPTED by the City Council of the City of Meridian, Idaho /5-f!: day of h6;-aar-v; ,2005. v ('elL APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of n bru a..-r VI ,2005. ..../ APPROVED: STATE OF IDAHO) County of Ada, On this /5+"'- day of -=i-ebrt.lilYlf' 2005, before me, the undersigned, a Notary Public in and for said State, personally ppeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ",~~~\.~\.~;'~:t;tttttt#. ........ ~'\)...........4t-./".I>"".. :' ,":(- II' .0 1- ~ f I ~OTA~J--.\ \ s * \ -.- : * g '\ ... J>ClBL\C l l \t~.?:';.............~r:;:> .:-$ t....t~.~.~.:.~~\.\....... RESOLUTION ESTABLISHING A MAYOR'S YOUTH ADVISORY COUNCIL AND ADOPTING THE BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL Page 2 of2 MAYOR'S YOUTH COUNCIL OF THE CITY OF MERIDIAN, IDAHO (By-laws) WHEREAS the youth of the City of Meridian, Idaho (hereinafter "the City") constitute an underutilized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS the Mayor of the City of Meridian (hereinafter "the Mayor") desires and seeks input from the youth into the affairs and issue of the City through a Mayor's Youth Advisory Council; and WHEREAS the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community and to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth Advisory Council; NOW THEREFORE, the Mayor and the City Council of the City of Meridian hereby establish the Mayor's Youth Advisory Council and adopt the following By-Laws, ARTICLE I. INTENT The intent in preparing and adopting these By-Laws is to provide a framework for organization of the Mayor's Youth Advisory Council, its actions and agenda. It is not the intent of the City, or the officers and members hereinafter described to create a legal entity of any sort including without limitation, a corporation, non-profit corporation, limited liability company, partnership nor any other business or quasi-public entity , ARTICLE II. OFFICES The principal location of the Mayor's Youth Advisory Council shall be at the Office of the Mayor, 33 E. Idaho, Meridian, Idaho 83642, The Mayor's Youth Advisory Council may have such other offices as the Executive Committee may designate or as the business of the Mayor's Youth Advisory Council may require from time to time, ARTICLE III. MEMBERSHIP AND MEETINGS Section 1. Monthly Meeting. The Mayor's Youth Advisory Council shall hold eighteen (18) meetings during the school year, two (2) in each of the months between September and May of the school year, The meetings shall be held the 2nd Monday and the fourth Thursday at 7 p,m, unless otherwise noticed. Section 2, Special Meetings. Special meetings of the members, for any purpose or purposes, may be called by the Executive Committees, Section 3, Place of Meeting. The Executive Committee may designate any place as the place of meeting called by the Executive Committee, If no designation is made, or if a special meeting be otherwise called, the place of meeting shall be the principal location of the Mayor's Youth Advisory Council. BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL - Page 1 of 6 Section 4, Notice of Meeting, Written notice stating the place, day and hour of the meeting and, shall, unless otherwise prescribed by statute, be delivered not less than forty-eight (48) hours nor more than thirty (30) days before the date of the meeting, either personally, bye-mail, or by regular mail, by or at the direction of the chairperson, or the secretary, to each member of record entitled to vote at such meeting, The notice of a regular or special meeting of the Mayor's Youth Advisory Council shall specify the purpose of the meeting, including amendment to these By-Laws, or business to be transacted at such meeting and the agenda to be considered, Section 5. Quorum, At least eight members entitled to vote shall constitute a quorum at a meeting of the members. If less than a quorum of such members is represented at a meeting, the members present shall adjourn the meeting, The member present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum, but only if a quorum was present at the time the agenda has been approved and attendance of the members has been taken, If a quorum is present at the time the agenda has been approved and attendance of the members has been taken, a majority of the members comprising the quorum is required for the Mayor's Youth Advisory Council to take action upon any time set forth in the approved agenda, Should the votes be evenly split, the Mayor shall cast a deciding vote, Section 6. Proxies. At all meetings of members, a member may vote by proxy executed in writing by the member. Such proxy shall be left with the secretary prior to or at the time of the meeting, Section 7. Membership. Membership on the Mayor's Youth Advisory Council shall be comprised of up to fifteen (15) students who live within the city of Meridian or it's area of impact, and is open to students from the following high schools (Mountain View High School, Meridian Academy, Central Academy High School, Meridian Charter (Professional Technical) High School, Cole Valley Christian High School, Meridian Medical Arts Charter High School, Meridian High School), Section 8: Selection. A selection committee shall choose each spring the membership from applications prepared by interested students, The selection committee shall consist of six persons: the Mayor, one city council member, two members of the youth council, one member of the Meridian Chamber of Commerce, and one at-large Meridian resident. The term of membership shall be one (1) year, and no member shall be permitted to remain on the Mayor's Youth Advisory Council in excess of three (3) years, Section 9, Termination of membership. Any member of the Mayor's Youth Advisory Council may resign at any time, provided, however, that for courtesy and efficiency purposes, notice of resignation shall be in writing and copies given to the chairperson and the Mayor. Any member of the Mayor's Youth Advisory Council shall be deemed to BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL - Page 2 of6 have voluntarily resigned his/her membership automatically upon the occurrence of any of the following: (1) failing to be present at any four or more of the regularly scheduled meetings, even if prior notice and reasonable excuses have been provided; (2) failing to be present at any two or more monthly meetings without notice and/or a reasonable written excuse provided to the chairperson prior to the next meeting; (3) failing to be enrolled at his/her respective High School; or (4) failing to maintain good standing at the school in which such member is enrolled; provided, however, that a graduating senior may retain membership on the Mayor's Youth Advisory Council through August following such senior's graduation. Upon termination or resignation of a member, the requisite Selection Committee shall nominate a successor to such terminated or resigned member, ARTICLE IV. EXECUTIVE COMMITTEE Section 1, General Powers and duties, The business and affairs of the Mayor's Youth Advisory Council shall be managed by the Executive Committee. The Executive Committee shall be responsible for planning the agenda for the school year and for each of the monthly meetings of the Mayor's Youth Advisory Council, setting and proposing potential subcommittees, and discharging any other responsibilities assigned by the Executive Committee or determined by majority vote of a quorum of the members of the Mayor's Youth Advisory Council. Section 2. Officers: Number, Tenure and Qualifications, The number of officers on the Executive Committee shall be five (5) and shall be members of the Mayor's Youth Advisory Council. Officers shall be elected by secret ballot at the first monthly meeting of the members of the school year, and the term of office of each officer shall be one (1) year, from September 1 to August 31. The officers shall be nominated from among the members of the Mayor's Youth Advisory Council a minimum of three (3) schools shall be represented on the Executive Committee, The Executive Committee shall consist of a chairperson, a vice-chairperson, secretary, treasurer, and a historian, each of whom shall be elected by secret ballot of the members of the Mayor's Youth Advisory Council. Section 3, Regular Meetings, A regular meeting of the Executive Committee may be held without other notice than this by-law, during or immediately following, and at the same place as each of the eighteen (18) monthly meetings of the members. The Executive Committee shall provide, by resolution, the time and place for the holding of one (1) additional regular meeting during the months of June, July or August immediately following the school year without other notice than such resolution, Additional regular meetings shall be held at the principal office of the Mayor's Youth Advisory Council in the absence of any designation in the resolution, Section 4. Special Meetings, Special meetings of the Executive Committee may be called by or at the request of the chairperson or other officer, and shall be held BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL - Page 3 of 6 at the principal office at the Mayor's Youth Advisory Council or at such other place as the Executive Committee may determine, Section 5, Notice, Notice of any additional or special meeting of the Executive Committee shall be given as outlined about in Article III, Section 4 of these by-laws, The notice shall specify the purpose of, or business to be transacted at, such a meeting and the agenda thereof, Section 6. Quorum. A majority of the number of officers fixed by these By- Laws (Le.: three) shall constitute a quorum for the transaction of business at any meeting of the Executive Committee, but if less than such majority is present, the attending executives may adjourn the meeting, Section 7. Election and Term of Office, The officers to be elected by the members shall be elected annually by the members at the last meeting of the school year. Each officer shall hold office until resignation or termination in the manner herein provided, Section 8, Vacancies, Any vacancy occurring on the Executive Committee because of resignation, removal, disqualification or otherwise shall be filled by secret ballot of a majority of the remaining members of the Mayor's Youth Advisory Council. An officer so elected to fill a vacancy shall be elected for the unexpired term of the predecessor in office, Section 9. Powers and Duties, The powers and duties of the several officers shall be as provided from time to time by resolution or directives of the members, The chairperson shall preside over and conduct all meetings of the Mayor's Youth Advisory Council and of the Executive Committee, determining agendas for the monthly meetings of the Mayor's Youth Advisory Council and the Executive Committee, act as spokesperson for the Mayor's Youth Advisory Council, act as signatory on all documents for which the Mayor's Youth Advisory Council provides authorization to sign, delegate authority to any officer or member of the Mayor's Youth Advisory Council if circumstances so warrant, and act upon any other matters and in the manner authorized by the Mayor's Youth Council, The vice-Chairperson shall act in the place of the chairperson upon the chairperson's absence or inability to act as authorized herein, and take action as delegated by the chairperson. The secretary shall prepare the minutes of each meeting of the Mayor's Youth Advisory Council and Executive Committee prior to the next monthly meeting, prepare and mail the notices of each meeting and prepare and enclose the agendas for each meeting with the notice of such meetings, BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL - Page 4 of6 The treasurer shall be responsible for all financial matters of the MYAC including the budget, financial reports, vouchers, and the books or ledgers, The historian shall act as the record keeper of all activities of the MY AC, keep archives, and deal with media relations as chair of the standing Mayor's Public Relations Committee of the MYAC. A member of the Executive Committee who fails or refuses to fulfill the duties associated with his/her position may be removed from the Executive Committee by a two-thirds (2/3) majority vote of the voting members of the Youth Advisory Council. Section 10. Agendas, Any member of the Mayor's Youth Advisory Council may submit a request for placement of any item on the agenda to any member of the Executive Committee for consideration at the next following monthly meeting. Such request shall be placed on the agenda at the discretion of the chairperson and, if placed upon the agenda, shall be considered at a monthly meeting determined by the Executive Committee, provided adequate and sufficient notice of the item for consideration has been given as set forth herein. ARTICLE V. SUBCOMMITTEES Section 1, Standing committees, The following subcommittees shall be standing committees, and their term shall be perpetual: the Executive Committee and the Mayor's Public Relations Committee of the Mayor's Youth Advisory Council. Section 2. Ad hoc committees. Any other subcommittees the Mayor's Youth Advisory Council determines are necessary shall be created for the limited term of the remainder of the school year and shall continue during such school year at the discretion of the Mayor's Youth Advisory Council. Such subcommittees shall be created by a majority vote of a quorum of members at any of the monthly meetings of the members. ARTICLE VI. AMENDMENTS These By-Laws may be altered, amended, or repealed, and new By-Laws may be adopted by the Mayor's Youth Executive Council with prior written notice to the members as provided herein; provided, however, that such alternations, amendments or repeals first be authorized by a two-thirds (2/3) vote of all members of the Mayor's Youth Advisory Council, and provided further that vote by proxy shall not be permitted. ARTICLE VII. ADOPTION AND EFFECTIVE DATE The foregoing By-Laws were regularly adopted at the meeting of the Mayor's Youth Advisory Council, and thereafter ratified at the meeting of the City Council of the City of Meridian held on the _ day of February, 2005, These By-Laws shall be effective as of the _ day of February, 2005, BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL - Page 5 of6 Inaugural members of the Meridian Mayor's Youth Advisory Council rti ~j_ fake Burroughs J}{:lilfL- ctJ{(AT)LlL ~Gina Darosa ~~ L)(1~ 'f}fJ7Iw(J7/1J Tan us n -7~~ Andrew Kon f...4 -/t1.~/.D Kate Martin -iuv-~ Trevor Osborne ,\{1J'('d.t fr I W no dmie Shig :f~~? ~~J S O-ell~ Matthew Denney CJQ.v\.O. -Y:curc\o_s,,~ Olena Kardash //,/~~/" . ---;/;;/ '/tZt?.c"C? .,~ .('/i c;:>- ____"2'~~C.;;;.~ /' Dallas Tyler La rence - ~Mljrd1 L-APdJ --- Dannika Nielson /Id :!I;'t /~~ /1 ,I 'hi i-Lf / \ f? .tjdl!l[ ( / 2 ,y- riaitlin Seegmille( ~~ Brian Yagu ' ~ February 11, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT February 15, 2005 ITEM NO. 5-~ REQUEST Resolution - Adoption of Fee Schedule for Water and Sewer Users AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER; See attached Resolution vf./ Mr Arb 1/ {Jb/'1 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. OS - 4lo 2 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE COUNCIL'S APPROVAL OF WATER AND SEWER RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 15,2005, the City Council of Meridian, held a hearing on the adoption of the Water and Sewer Rate Schedule as shown by ExWbit "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Water and Sewer Rates; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Water and Sewer Rates are hereby adopted, A copy of the Water and Sewer Rate Schedule is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho ~ day of FCb vua n.; , 2005. . APPROVED by the Mayor ofthe City of Meridian, Idaho, this ~ day of \?h\lll rl\ Y\ 6 ,2005. WATER AND SEWER RATES - 1 of 1 WATER FEES Administrative Fee Use Fee ( er 1,000 gallons) SEWER FEES Administrative Fee Use Fee (per 1,000 gallons) Exhibit "A" Water and Sewer Rate Schedule WATER AND SEWER RATE SCHEDULE - page 1 of 1 February 11, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT February 15, 2005 ITEM NO. 5-N REQUEST Resolution - Parks and Recreation Fees AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution .~ ~b3 ();(If · r;> o Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. tJS- 4G3 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE COUNCIL'S APPROVAL OF PARKS AND RECREATION FEES FOR 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 8, 2005, the City Council of Meridian, held a hearing on the adoption of the 2005 Parks and Recreation fees for various programs as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by fonnal motion, did approve said 2005 Parks and Recreation fees for various programs; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 2005 Parks and Recreation fees for various programs are hereby adopted. A copy of the fees is attached as Exhibit "A". Section 2. That the Director of Parks and Recreation is hereby authorized to implement and can'y out the collection of said fees for the various programs. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho 15f~ day of n 6 rtt.4.-J-q , 2005. APPROVED~y the Mayor of the City of Meridian, Idaho, this /5'./f::; day of n6rtr.-ttJ-J ' 2005. ATTEST: J1~ft CITY CLERK 2005 PARKS AND RECREATION FEES - 1 of 1 ATTCHMEN~i' "A" 2005 Meridian Parks Recreation Fee Schedule FEE TJTLE Amount late Reg. % of Change VOLLEYBALL ( All Divisions) Team $260,00 0.00% Players (min 10) $15.00 0.00% Additional Players (over 10) $15,00 0,00% ASA Fees $12.00 '" BASKETBALL (All Divisions) Team $500.00 0,00% Players (mfn 10) $15.00 0.00% Additional Players (over 10). $15.00 0.00% ASA Fees $12.00 II SUMMER SOFTBALL Team $350.00 0.00% Player Fee (mln, 15) $14.00 0.00% Additional Plavers (over 15) $14.00 0.00% ASA Fees $25.00 '" FALL SOFTBALL Team $4-00.00 new Additional Players(ovar 15) $10.00 new ASA Fees $12.00 .- new Tournament $150.00 new SOFTBALL TOURNAMENTS Melidian.s Own Tournament nonleague $175,00 new Field rental for tournament per game $15 SUMMER CAMP Plan A (FuJI Day) - 2 weeks $124_00 $144.00 new 2nd Child Plan A $94.00 $114.00 new Plan B (1/2 Days} - 2 weeks $84.00 $104.00 new 2nd Child Plan B $54.00 $74.00 new Plan A. Per Day $15.00 new Plan B - Per 1/2 Day $10.00 new BARN SOUR 1 Mile Fun Run $5.00 new 5K Run $15.00 $20.00 new 10K Run $15.00 $20.00 new SUMMER SIZZLER BasketbalJ... 4 plavers max. $30lteam new VolleYball- 4 plavers max, $30lteam new Inline Skatlno $10.00 new SHELTER FEES: STOREY {200max) 1-50 people $30.00 0.00% Per each 50 Add. $15.00 0.00% Softball Fields $8.00Ihr. 0.00% Softball Lights $10.00lhr 0,00% Volleyball Equip, $10/day 0.00% TULLY (30Ornax) February 11, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT February 15, 2005 ITEM NO. 5-0 REQUEST Well #27 lot Purchase Agreement with Cherry lane Christian Church AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the Clly of Meridian. City of Meridian Public Works Dept. FEB 1 0 2005 City of Meridian City Clerk Office Memo To: William Berg, Jr. From: Lenard Grady ~(J~. cc: Brad Watson Date: 2/10/2005 Re: Proposed Agenda Items for February 15, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the February 15 City Council consent agenda: ~ Well #27 Lot Purchase Aoreement: Attached is a well lot purchase agreement for $21,000. The lot is located near Franklin and Ten Mile. If a "viable" aquifer is located, the entire purchase price will be paid for the lot. If unsuccessful, the lot will be returned to it's original state and a lease fee of $1 00 will be paid. The purchase price is similar to the $20,000 agreement for Well #26, which is located on Locust Grove, south of Chinden. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Cherry Lane Christian Church for purchase of Well Lot #27, if a viable aquifer is found, for the purchase price of $21,000 and authorize the Mayor to sign it. Well #27 Test Well Bid Results: Attached are the bid results for Test Well #27 as summarized below: Treasure Valley Drilling Adamson Drilling The Hole Company $24,600.00 $25,545.00 $25,600.00 The bids are similar to previous bids. Treasure Valley Drilling is the apparent low bidder and has successfully drilled test wells for the City. From the desk of... Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org Treasure Valley Drilling for drilling of Test Well #27 for $24,600 and authorize the Mayor to sign it. Water and Sewer 3% rate increase: Last week, the City Council approved the drafting of the attached resolution for a 3% rate increase in the water and sewer rates. The rate increase will fund a projected increase in costs this year. The last rate increase was in July of 2002. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 AGREEMENT . THIS AGREEMENT is made and entered into this L.day ot .~tr uOI'-/ , 2005, by and between Cherry Lane Christian Church and The City of f Meridian, Idaho with respect to parcel #9050 at E SIDE SE1/4SE1/4 Section 10 3N1W as shown in Figure A. Well 27 Lot Cherry Lane Christian Church, owner of the referenced parcel, agrees to allow the City of Meridian and it's agents access to the site for the purposes of drilling and sampling a test water well, known as Well #27 Test Well. The City of Meridian agrees to pay Cherry Lane Christian Church one dollar ($100.00) for the use of this property during the test drilling. The City of Meridian further agrees to the following: 1) The City will reclaim the site to a similar condition as it exists before the test well. 2) If the City does not find a viable aquifer, the City will abandon the test well. At the Cities sole discretion and based on the results obtained from Test Well #27 the City may purchase the parcel described above. If the City chooses to purchase the parcel, Cherry Lane Christian Church agrees to sell the parcel for the total purchase price of $21,000 and further agrees to cooperate with the City in completing the transaction. The City agrees to allow a cross access agreement with Cherry Lane Christian Church and to jointly agree on well house appearance. Cherry Lane Christian Church agrees to grant and coordinate an easement for a flush line to Ten Mile Creek. Well #26 Test Well - 1 of 2 IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written. By ?6-J CITY OF MERIDIAN, IDAHO By: Mayor Tammy de Weerd Attest: City Clerk Will Berg, Jr. Well #26 Test Well - 2 of 2 Figure A :'" ill roadway Landscape setback line RECREATION FIELD full access rig ht i ight 0 ~ ~ o ~ I ut February 11, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT February 15, 2005 ITEM NO. 5~P REQUEST Award of Bid for Well #27 Test Well to Treasure Valley Drilling AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEfT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. To: WjlJiam Berg, Jr. From: Lenard Grady ~Cl.f1. CC: Brad Watson Date: 2/10/2005 Re: Proposed Agenda Items for February 15, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the February 15 City Council consent agenda: Well #27 Lot Purchase Aareement: Attached is a well lot purchase agreement for $21,000. The lot is located near franklin and Ten Mile. If a "viable" aquifer is located, the entire purchase price will be paid for the lot. If unsuccessful, the lot will be returned to it's original state and a lease fee of $100 wilJ be paid. The purchase price is similar to the $20,000 agreement for Well #26, which is located on Locust Grove, south of Chinden. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Cherry Lane Christian Church for purchase of Well Lot #27, if a viable aquifer is found, for the purchase price of $21,000 and authorize the Mayor to sign it. Well #27 Test Well Bid Results: Attached are the bid results for Test Well #27 as summarized below: *' Treasure Valley Drilling Adamson Drilling The Hole Company $24,600.00 $25,545.00 $25,600.00 The bids are similar to previous bids. Treasure Valley Drilling is the apparent low bidder and has successfully drilled test wells for the City. From the desk of... Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 e Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org Wen #27 Test Well Bid Results Adamson Treasure Valley The Hole Co. Units UnitS Cost Unit $ Cost Unit $ Cost 1 ea $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 1 ea $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00 90 ft $33.00 $2,970.00 $22.50 $2,025.00 $22.50 $2,025.00 500 ft $25.00 $12,500.00 $30.00 $15,000.00 $30.00 $15,000.00 500 ft $10.00 $5,000.00 $5.00 $2,500.00 $5.00 $2,500.00 Total $25,545.00 $24,600.00 $25,600.00 1 ft $3.00 $3.00 $4.00 $4.00 $4.00 $4.00 1 ft $5.50 $5.50 $6.00 $6.00 $6.00 $6.00 1 bags $8.00 $8.00 $12.00 $12.00 $12.00 $12.00 1 hrs $175.00 $175.00 $150.00 $150.00 $200.00 $200.00 1 hrs $175.00 $175.00 $150.00 $150.00 $200.00 $200.00 February 11, 2005 MERIDIAN CITY COUNCIL MEETING February 15, 2005 APPLICANT Erstad Thornton Architects ITEM NO. AZ 04-026 5-Q REQUEST Development Agreement - Request for Annexation and Zoning of 1.71 acres from RUT to C-G zones for Mountain West Bank - northeast comer of Venture Street and East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: EmaiJed: Date: d- t.~ {}S- Phone: 331- 903/ . +e:. ~.~Stdff Initials: LIt( Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Development Agreement ~ R~f ..... Moun :Ij)lll Managemel!! LET\_I~ OF TRANSMITTAL I DATE 2-- -i 1----0 ~ I JOB NO, ! ATIENTION I I'" &z~ d IiurVlaJ .;. .t/L--a~ To 2700 Airport Way · P.O. Box 15407 · Boise, Idaho 83715 Ph. (208) 345-7030 Fax (208) 345-7210 ~~ ACH~ ~1~ GENTLEMEN: WE ARE SENDING YOU o Shop drawings o Copy of letter COPIES DATE THESE ARE TRANSMITTED as checked below: o For approval o For your use o As requested o For review and comment o FOR BIDS DUE lfJ Attached o Prints o Change order o Under separate cover via the following items: o Plans o o Samples o Specifications NO. o Acceptable as submitted o Acceptable as noted o Not Acceptable - Resubmit o o Resubmit_caples for approval o Submit_caples for distribution o Return_corrected prints 19 _ 0 PRINTS RETURNED AFTER LOAN TO US City OfIvleridian Cit':{ Clerk Office COpy TO: SIGNED, ~~ ~ ADA COUNTY RECORDf DAVID NAVARRO BOISE IDAHO 02124/05 ...1I1I:03 PM DEPUTY Vicki Allen REGORDED-REQUEST OF Meridian City AMOUNT .00 38 III/if/Ifill III Jill 1/11111 II /11111111 105022224 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian EP Crossing, LLC, OwnerlDeveloper THIS PKVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~ day of t;:e.lJrtU;..f7,,1 , 2005, by and between CITY OF MERIDIAN, a municipal corporation of the StaW ofIdaho, hereafter called "CITY', and EP Crossings, LLC, whose address is PO Box 15407, Boise, Idaho 83715, hereinafter called "OWNERlDEVELOPER" . 1. RECITALS: 1.1 WHEREAS, "OWNERlDEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "OwnerlDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning and conditional use permit of the "Property" described in Exhibit A; and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 1 OF 13 services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9th day of November, 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERlDEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for almexation and zoning designation from govenunent subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ-04.026) PAGE 2 OF 13 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation ofthe same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho A venue, Meridian, Idaho 83642. 3.2 "OWNERlDEVELOPER": means and refers to EP Crossings, LLC, whose address is PO Box 15407, Boise, Idaho 83715, the party developing said "Property" and shall include any subsequent owner( s)/ developer( s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Rezone of2.48 acresfrom RUTto C-G and the Construction of a 4550 squarefootfull-service commercial bank with three (3) drive-through tellers. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeveloper" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 3 OF 13 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendations of the Plaming and Zoning Commission as follows: I. The eastern portion of this site is not being developed at this time. If the subject annexation and zoning application is approved, C-G property will be adjacent to rural residential properties zoned RUT in Ada County. To protect the existing single-family uses to the north from future commercial uses on this site that may produce excessive noise, odor, traffic, litter, etc. Any use on the remainder portion of this site requires Conditional Use Permit approval. 2. There is a proposed driveway to Fairview Avenue located approximately 170- feet east of Venture Street. This proposed driveway is bisected by a future property line. In order to limit access points to adjacent roadways and to provide access between the bank portion of this site and the undeveloped eastern portion of this site vehicular access to this site is restricted to those approved with the concurrent CUP. 3. The hours of operation for businesses on this site are limited from 7 am to 7 pm since this site abuts single-family residences. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: I. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 4 OF 13 3. Sanitary sewer and domestic water service to this site shall be via main line extension from the existing mains adjacent to the property near the comer of the Wal-Mart site. The applicant shall be responsible for acquiring appropriate standard City of Meridian easements from the property owner for the installation and operation of the sewer mainline on private property. Applicant shall be required to extend water and sanitary sewer service mains to and through the proposed development, thereby making them available to the adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The submitted landscape plan, prepared by The Land Group, Inc., dated July 13,2004 is approved as submitted with the following changes/notes: i. Provide a lO-foot wide (minimum) landscape buffer along Venture Street, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. ii. Provide a 35-foot wide (minimum) landscape buffer along Fairview Avenue, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD. All trees shall be located beyond the required right-of-way. iii. Provide a minimum 25-foot wide landscape buffer along the entire north property line. Materials used in the buffer shall be in accordance with MCC 12-13-13-3. iv. Construct all interior landscape planters (islands) to be minimum 5- feet in width (measured inside curbs). v. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. (MCC 12-13-13-3) Prior to issuance of Certificate of Zoning Certificate (CZC) permit, the applicant shall submit a revised landscape plan that complies with the changes/additions/notes listed above. 5. The number of off street parking stalls is approved as shown on the submitted site plan. In accordance with M CC 11-13-5, all standard parking stalls shall be constructed 9-feet by 19-feet minimum and the drive aisles shall be at least 25-feet wide. 6. Building construction shall substantially comply with the elevations prepared by Erstad Thornton Architects, dated July 7, 2004. Construction materials DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 5 OF 13 used on the structure shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. 7. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 8. If no permanent fencing is provided on the perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. The applicant shall comply with the conditions and comments of all City Departments, and other agencies. 10. The applicant shall coordinate the location and design of trash dumpster(s) with the Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. Contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 11. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1. 12. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including a paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 13. If construction has not begun within 18 months of City Council approval, a new conditional use permit must obtained prior to the start of development. 14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section ll-13-4.C. DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 6 OF 13 15. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted by the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 16. All signage shall be in accordance with the standards set forth in Section 11- 14 of the City Zoning and Development Ordinance. 17. All construction shall conform to the requirements of the Americans with Disabilities Act. 18. 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. 19. Construct a six foot tall fence along the north property line. C. Adopt the ACHD conditions listed in their report dated October 6, 2004, which report lists required site-specific requirements, conditions of approval and street improvements. D. Comply with all the conditions in the corresponding applications in this matter, Request for Annexation and Zoning, AZ-04-026 and Conditional Use Permit, CUP- 04-035. E. Adopt the action of the City Council taken at their November 9,2004 meeting as follows: For clarification: 1. All proposed uses on this site shall be approved through the Conditional Use Permit process. 2. Vehicular access to this site shall be restricted to those approved by ACHD and the City with the concurrent Conditional Use Permit Application (CUP- 004-035). Access to Fairview A venue, across the parcel to the east is agreeable. DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 7 OF 13 3. Business hours for the property shall be limited from 7am to 7pm. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. S 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "OwnerIDeveloper" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereofin accordance with the terms and conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "OwnerIDeveloper's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. I 0.2 A waiver by "City" of any default by "Owner/Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 8 OF 13 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "OwnerlDeveloper", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "OwnerlDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "OwnerlDeveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 9 OF 13 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code * 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 EP Crossings, LLC PO Box 15407 Boise, Idaho 83715 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 DEVELOPMENT AGREEMENT (AZ-04-026) PAGE 10 OF 13 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPMENT AGREEMENT (AZ-04-026) PAGE II OF 13 "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe "Property" and execution ofthe Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERlDEVELOPER: ~ BY: '~--;:'7 CITY OF MERIDIAN PAGE 12 OF 13 STATE OF IDAHO : ss COUNTY OF ADA On this ( f -HI day of Fr33;2~{/?1C Y , in the year 2005, before me, a Notary Public, personally appeared It( femE!..- N. P~K!.y , known or identified to me to be the /tlAfffoK;{Z'EO Itt6/VlBEl( ofEP CROSSINGS, LLC., and the person who executed the instrument and acknowledged to me that he executed the same on behalf of said limited liability corporation. ",'''',''......."", ~..." ~C\~ 1. l. r:. ~"~ l'" C,.. ............o+. ""\ 14.-': ~OT All ~ ., f.P '\ (SEAL) \ , ... i. . I f.lUBt..\C J ; ~ f./I. ./..0 l "~i........' "'fr.~ ........ .,#""~,~I~.~~""'" STATE OF IDAHO : ss 6:--au~ ~~LL Notary Public for I. :aha l./ Residing at: /?r?-::u.... Commission expires: 9-7 -10 County of Ada On this~ day of :j'ebOlClfl/ , in the year 2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ~"",,,~ ;.~ .";"#,,##,,~ fft' ~~ .......... ~/)> "oil! ! .... 'tr ..0" .... ~ \, ! ! ~OTA~.r .0" \ ~~~ i*J ; " /JUB1;\'C J ; \ <.1, \.~~, 0./0 I ".<.~: jiV~;.i~ ~.i" ........&1...11....",- DEVELOPMENT AGREEMENT (AZ-03-027) PAGE 13 OF 13 ~d:ii 1'f tary ublic for Idaho Residi gat: lJ1fn't!: f{ M Chm ission expires: 1)41:::lO!rr-; I / CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 2.48 Acres from RUT to C-G, AND Conditional Use Permit Approval for a New 4,500 Square-Foot Bank with a Drive-Through, by Erstad Thornton Architects. Case Nos. AZ-04-026, CUP-04-035 For the City Council Hearing Date of: October 26, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City COl.U1cil public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matters were duly considered by the City COlUlcil at the October 26, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City CowlCil heard and took oral and written testimony and du1y considered the evidence and the record in this matter. . 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommenodation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACf. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ.04~024,PP-04-031, AND CuP..o4-033 - PAGE I of 5 verified that the property owner( s) of record at the time of issuance of these findings are James and Marcelyn Wylie. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,'" codified at Chapter 65, Title 67. Idaho Code (I.C. 967~ 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02~382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-]7-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated July 7, 2004 as shown in Exhibit B, and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted) it is hereby ordered that CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CuP-04-033 - PAGE 2 of5 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 7, 2004 is hereby conditionally approved; 2. The following change to the Conditional Use Permit Conditions of Approval were made at the City Council hearing; a) Construct a six foot fence along the north property line. 3. The following changes to the Annexation and Zoning Conditions of Approval were made at the Ci ty Council hearing; a) The City will enter into a latecomers' agreement for applicable utility extensions, and b) The A TM is excluded from the hours of operation limitation for this site; and, 4. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence constructi on of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For proj ects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals) the conditional approval of the future phases shall be nuH and void (MCC 11-17-4.8.). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS[ON & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 3 of 5 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body oftbe City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, F. Exhibits Exhibit A: Legal Description (2 pages) Exhibit B: Approved Site Plan (with conditions) Exhibit c: Annexation & Zoning Conditions of Approval Exhibit D: Conditional Use Permit Conditions of Approval (all agencies) Exhibit E: Annexation and Zoning Findings Exhibit F: Conditional Use Pennit Findings ~ion of ~y Council at its regular meeting held on the rehz . 2004. Cf~ dayof COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ABSENT ~ VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED__ CITY OF MERIDIAN FINDINGS OF FACT, CONCLusrONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-()24, PP-04-031, AND CuP-04-033 - PAGE 40fs and City Attorney. By: ~(U III ~ \. \ I AoLJ 1 Y Clerk's Office Dated: 11- 30~04 CrTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECrSION & ORDER CASE NOS. AZ-04-024, PP-04-03t, AND CUP-04-033 - PAGE 5 of5 EXHffilT A Legal Description (2 pages) Bt)is~ - (208) 32::.0145 Jerom~ - (208) 324.8824 F:,~ - (208) 322.0369 I.!:CUIQII : 'Itl\I'.5HIP 3 taml, lWa I E6Sr, WISE AERIDJMI. SECTICN 4. PARr ~i, f.Di\ CII..N1Y, 11Wf>. RaU:sT RR PNIlEX4.TIQol PAPtE.. ~'PrJ().l ~ M.::RE SPECIFlCAU..v descrlf:!ed !Ill follows: Beglming at the Southeast comer for Slx:tloo II; thence ~tt~ B!lO 5,11 1:1" West 162~.20 feet along the Southerly boundary of SectIon It to the Tfl.LE FOINT CF sa:;1~INJ: lOOnee fIhrth 890 5 P S8" West a61.77 feet a IWIg said Southerly ~ry to the extended Westerly boundal"y of '!Venture Street;" . tOOIlCB North 00 07' 12" East 293.5Il feat <llong the Westerly tlaurJ.iury of Venture Street fa the m:telXied Soutllerly ~ry of lot 14, "VentW"e Slbflvls'Cll1," Book 27 r Alga 17{tS; thence South 890 53 1 21 n Eas t (recorded East) 361.511 feet along the Souther'l}/' boun:lary of Venture ~Ivl$ion; thence South 00 011' 31" Wast 293.lt1 feet to the Southarly bludory of Section II Bnd the 1RJE FOINT (If SEGltf.lI~; Sa tel Parcol COl1tlllnrng 2.48 Acl"ErS tlUre nr !ells. g Hmdiail. Pabl1c WaftS Dept. I J~ Ii ~ ~ ~<i~~. !. I Ht ~ ! ~ ~1~1':1:! ~~llj~j~i II. · .,;; ;:j .. ~ ~ ~ Ii : af'~l!.._:r:!'!!!!3:!. rYf..:J _~'":::-.. I - -j u;::':'~. ~~..: ; EXHIBIT B Approved Site Plan Mountain West Bank (File CUP-04~035) r. - ---- -- .. --- . .'_ _ ____.... ........_ _ .......,.......~_ 1/- I I -'-~-~ i /. I ! I ; II II I I I I 1 1"! $~, ~ ~1. VENTURE STREET i~'i"~;~~~~r::' r d:; 1 ~,~w:~ = ~~ I~ '~ . ~~i::'!i I ~ l' ':}..n.. ..n....... 0,''1'''' .m"__H"~:'" [ ! ~ I') II, i ",;,: I t I j . .~ r I l I, -_._-._-....~_.c_.___..~.-i.. !._~~4._.H.."__ .~_. ,j I I !lrllF r~JtJ . . . . r:-i:1 ~[n r-,~ I. .!IlountU1~.b.ir:C --: !ll;W: f'~- "I r-'-"---l !l r l~~. 1.:;'J L..=- -:-~~7_J_L!J~~;.:-~r.:-=--::! d EXHIBIT C Annexation and Zoning Conditions of Approval Erstad Thornton Architects (File AZ-04-026) The City CotU1cil oithe City of Meridian hereby approves the Annexation and Zoning as requested by the Appticant for the property described in the application~ subject to the following: ANEXATION & ZONING FACTS AND CONDITIONS 1. The legal description submitted with the application (dated 8-9~04, stamped by Richard D. Critser) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confmned that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance S eetion '5-7 -517, when services are available from the City of Meridian. Wells may be used for non- domestic pwposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous kJ the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district~ or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtaine~ plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner{s). The DA shall require that .. All proposed uses on the subj ect site shall be approved through the Condi tional Use Pennit process. .. Vehicular access to this site shall be restricted to those approved by ACHD and the City with the concurrent Conditional Use Pennit Application (CUP-04-035). Access to Fairview A venue, across the parcel to the east is agreeable. · Business hours for the property shall be limited from 7 am to 7 pm, including deliveries, excluding the ATM. 6. The City shall enter into a latecomers' agreement with the applicant with regards to the applicable utility extensions. EXHIBIT D Conditional Use Permit Conditions of Approval Mountain West Bank (File CUP-04-035) The City COWlcil of the City of Meridian hereby approves the Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. All conditions of the accompanying Annexation and Zoning (AZ-04-026) application shall also be considered conditions of the Conditional Use Permit (CUP-04-035) application. 2. Unless otherwise approved by ACHD, direct access to this site shall be provided from Venture Street and not Fairview A venue. Staff recommends that the applicant contact the property owner to the east (Shuerman) to discuss sharing an access to Fairview Avenue. 3. The site plan prepared by Erstad Thornton Architects, labeled a 1.11, and dated 7- 07-04, showing a drive t:l1rough on the western portion of the subject site is approved with the changes listed herein. Prior to issuance of a Certificate of Zoning Compliance (CZC) pennit, the applicant shall submit a revised site plan that complies with the applicable changes/additions/notes listed in the Site Specific Conditions of this report. 4. Sanitary sewer and domestic water service to this site shall be via main line extension from the existing mains adjacent to the property near the comer of the W al~Mart site. The applicant shall be responsible for acquiring appropriate standard City of Meridian easements from the property owner for the installation and operation of the sewer mainline on private property. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development. thereby making them available to the adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. . 5. The submitted landscape plan, prepared by The Land Group, Inc., and dated 7-13~ 04 is approved as submitted with the following changes/notes: · Provide a lO-foot wide (minimum) landscape buffer along Venture Street, located entirely outside of any existing right-of-way and any additional right-oi-way required by ACHD with this application. All trees shall be located beyond the required street right~of-way. · Provide a 35-foot wide (minimum) landscape buffer along Fairview Avenue, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. · Provide a minimum 25-foot wide landscape buffer along the entire north property line, as proposed. Materials used in the buffer shall be in accordance with MCC 12-13-12-3, · Construct all interior landscape planters (islands) to be a minimum 5-feet in width (measured inside curbs)_ · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). Prior to issuance of a Certificate of Zoning Compliance (CZC) pennit, the applicant shall submit a revised landscape plan that complies with the changes/additions/notes listed above. 6. The number of off-street parking stalls is approved as shown on the submitted site plan. In accordance with MCC 11~13-5, all standard parking stalls shaH be constructed 9-feet by 19-feet minirnwn and the drive aisles sh,all be at least 25- feet wide. 7. Building construction shall substantially comply with the elevations prepared by Erstad Thornton Architects, sheet a3.1l, dated 7-07-04. Construction materials used on the structure shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. 8. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 9. If no pennanent fencing is provided on the perimeter, temporary construction fenCing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with MCC 12- 4-10. 10. Comply with the conditions and comments of all City Departments, and other agencies. 1 I. The applicant shall coordinate the Location and design of trash dumpster(s) with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by sse. All dumpster(s) must be screened in accordance with MCC 11~12~1.C. Please contact Bill Gregory at sse (888~3999) for detaiLed review of your proposaL and submit stamped (approved) plans with your certificate of zoning compliance application. 12. No building or other structure shall be erected; moved, added to or structurally altered; nor shall any building structure or land be estahlished or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 13. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping; and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 14. If construction has not begun within 18 months of City Council approval, a new conditional use pennit must be obtained prior to the start of development. 15. Outside lighting shall be designed and placed in such a rnatUler as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section II-13-4.C. 16. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 17. All sign age shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 18. All construction shall conform to the requirements of the Americans with Disabilities Act. 19. Applicant's (or successor"s) failure to comply with any of the temlS of approval of the conditional use permit shall he cause for revocation of the conditional use permit. 20. Construct a six foot tall fence along the north property line. MERIDIAN FIRE DEPARTMENT 1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. . 2. All entrance and intemalroads shall have a turning radius of28' inside and 48' outside. 3. Provide a 20-foot wide Fire Lane for aU internal and external roadways. 4. Operational fire hydrants ami temporary Or permanent street signs are required before combustible construction begins. 5. With respect to teller lanes, fire lanes shall have a vertical clearance of 13-6". 6. This office/commercial development will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2,397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2,800 in the year 2005 and 3,800 by the year 2010. 7. Maintain a separation of 5-foot from the building to the dumpster enclo.'mre. S. Provide a knoxbox entry system for the complex. ACHD CONDITIONS OF APPROVAL Site Specific Conditions of ApprovaJ 1. Construct a 5-foot detached concrete sidewalk abutting the site along Fairview Avenue. The face of sidewalk shall be located a minimum of 53-feet from the centerline ofFairview Avenue. If any portiOl1 of the sidewalk is located outside of the right-of~way, provide an easement to the District for that sidewalk. 2. Widen the pavement abutting the site on Veoture Street to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk. 3. Dedicate 2-feet of additional right-of-way abutting the site along Venture Street OR provide an easement to the District for any portion of the SIdewalk that is location outside of the right-of-way. 4. Construct two 25-foot wide driveways on Venture Street. These driveways may be constructed as either curb-cut or curb-return type driveways. The first driveway shall be located a minimUlTI of 50-feet from the intersection of Venture Street and Fairview Avenue (measured near edge to near edge). Construct the second driveway I 75-feet north of the intersection, as proposed. 5. Direct access to Fairview Avenue is prohibited except for a shared full access driveway at the east property line, IF the existing driveway to the adjacent property is incorporated with the new driveway. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing inigation facilities shall be relocated outside of the right-of-way_ 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District)s Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. . 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. . 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada COlUlty Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198) also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call D I GL1NE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right~of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in \.vriting and signed by the applicant or the applicant's authorized representative and an authorized representative ofllie Ada County Highway District. TIle burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with aIL rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. lrouGATIONDffiTIDCTCONDIUONS 1. If all stOlm drainage is retained on-site there will he no impact on N ampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the N ampa & Meridian I1rigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 3. All laterals and waste ways must be protected. 4. The developer must comply with Idaho Code 31 ~3805. 5. It is recommended that irrigation water be made available to all developments within the N ampa & Meridian Irrigation District. EXHmIT E Annexation and Zoning Findings Erstad Thornton Architects (File AZM04-026) The City COlUleiI hereby approves the following analysis of required findings by staff; According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11- 15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'commercial~ is defined as areas providing a full range of commercial and retail to serve area residents and visitors. Staff finds that the requested zoning designation, C-G, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "Commercial." Staff also finds the following 2002 Comprehensive PlaIl text policies to be applicable to this application (staff analysis is in z'talics below policy): · "Permit new. . . commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City," (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the City because it abuts the Records East Subdivision (Wal-Mart) across Fairview Avenue. Sanitary sewer and water to sen;e this development is currently available on the south side of Fairview Avenue. · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) Staff has included conditions for landscaping within this report. · "Consider' Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in hew construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant will be required to construct 5- foot wide sidewalks ctdjacent to Fairview Avenue and Venture Street as conditions of approval. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, G~all, Objective B) Staff believes that the proposed use, bank with drive-through, does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan, · "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) While transitional zoning is not proposed (e.g. L-O), the applicant does show a 25-foot wide landscape buffer immediately aqjacent to Venture Subdivision to the north. The Landscape Ordinance requires a minimum btrffer width of 251"eet between single:family residences and commercial uses. As long as the landscape stripslbuffers are constructed in accordance with Men'dian City Code (MCC) 12-13, staffbelieves the intent of this policy is met with the submitted site and landscape plan. · "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) There are two existing residences immediately adjacent to the property:S north boundary, which is approximately 315-ftet long (east-west). On the north end of the site, a transitional use is not proposed. Rather, a landscape buffer is proposed, as discussed above, Because this site is only 230-jeet deep (north-south), fitting a transitional use between the proposed bank and the single-family homes would be difficult. Staff finds that the separation shown meets the intent of a transitional use, as long as appropriate screening and noise and light mitigation measures are taken, The Commission and Council should review the seoaration and comvatibilitv of the iJrolJosed commercial users) with Venture Subdivision to the north. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conditional use permit for a bank with a drive-through on the subject site (CUP-04-035). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP application for a bank with a drive-through is approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Stafffinds that the proposed bank building is a pennitted use within the requested C-G zone. However, according to City Code the drive-through use requires conditional use permit approval. The applicant is proposing to utilize approximately twowthirds of the existing parcel for the proposed bank. There is no use proposed use on the remaining 0.62 acres, eastemportion of the parc:el. Future conditional use permit approval may be required, depending on the use on this undeveloped portion of the site. See Special Consideration #1 below for further analysis of conditional use pennit approval requirements on the undeveloped portion of this site. . D. Bas there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For examplet have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Surrounding uses include rural residential properties to the north, retail/commercial uses to the east, a cemetery to the south, and a turffann to the west. There has been recent retaillrestaurant/commercialloffice development up and down this portion of Fairview Avenue. Additionally, Fairview Avenue is currently improved with 5-1anes. This site is designated 'Commercial' on the Comprehensive Plan Future Land Use Map, Staff finds that the requested zoning designation of C-G is harmonious with the existing and planned adjacent developments. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended characte)' of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed commercial zone/use will change the existing character of the area, but that the proposed zone and future uses should "be hannonious and appropriate in appearance with the existing and intended character of the area. Staff fmds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; To mitigate the possible noise and visual disturbances of the proposed commercial use, the applicant is proposing to COllstruct a 25-foot wide landscape buffer along the entire north property line. Said landscape buffer bas dense trees and shrubs. Staff is supportive of the proposed landscape buffer along the north property line. There are two potential disturbanceslhazards that staff can envision if the annexation and zoning and concurrent CUP applications are approved. The first potential disturbance is the potential 110ur3 of operation of the bank. If the bank is operating during regular business hours then staff does not believe that the proposed use will be disturbing to the existing residential uses. The second potential disturbancelhazard has to do with vehicular access to and from this site. The lack of any proposed access to this site was a concern of the City in denying the annexation request in 2002 (the subject applicant is proposing two access points onto Venture Street and one access point onto Fairview Avenue with CUP-04.035). During the hearings for the previous annexation request, the neighbors had differing views on access. Some neighbors did not want this site to take access to Venture Street because it would increase their time to get into and out of their development and because there are kids that play in Venture Street. Other neighbors and ACHD did not want access to be granted to Fairview A venue because adding access points to arterials contributes to the inefficient movement of cars on the roadway. ACHD considers access points in their analysis of projects and has prepared a staffreport that prohibits access to Fairview Avenue. In order to bave access to Fairview Avenue, the applicant must receive a modification of ACHD policy. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. Staff supports ACHD stafPs recommendation, prohibiting direct lot access to Fairview Avenue, and further recommends that the applicant contact Mr. Shuerman to the east to see ifhe would be willing to share his access to Fairview A venue with the subject property. Staff finds that if cross access between the subject property and the property to the east is constructed as well as the proposed accesses to Venture Street~ the proposed use (access) should not be hazardous to neighboring uses. However~ staff does find that increasing the traffic VOlumes. on Venture Street will be an inconvenience to the existing residence as Venture Street is the only way to get into and out of the subdivision. The Commission and Council should rely on public testimony to determine whether or not the potential disturbances will SUbstantially affect the existing or future neighbOring uses. As noted above, there is approximately 0.62 acres on the eastern side of this site that the applicant is not proposing to develop at this time. In order for staff to ensure that this future use is not hazardous or disturbing to the existing and future neighboring uses, staff is recommending that all future uses be required to obtain CUP approval. See Special Consideration #1 below for further infonnation. G. Will the area be served adequately by essential public facilities and sernces such as highways, streets, poliee and fIre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adeqnately any of such services; Sanitary sewer and water to serve this development is currently available on the south side of Fairview Avenue. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site stann water drainage facilities. The ACHD Board of Commissioners is scheduled to hear this development proposal on October 6, 2004. Because vehicular access to this site is currently provided from substandard streets (Venture and Fairview). ACHD is requiring the applicant to install improvements such as curb, gutter, sidewalk:, and pavement widening on Venture A venue and sidewalk on Fairview Avenue. Please review the ACHD l"eport for additional information regarding this :fuiding. On September 10,2004, ajoint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/deparbnent meeting and other comments received from agencies/departments, stafffinds that the DubHc services listed above can be made available to accommodate the proposed develotJment. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project H. Will not (:l'eate excessive additional requirements at public cost for public facilities and services and wID not be detrimental tv the economic welfare of the cOJUW.unity; If approved, the developer will be financing the extension of sewer, water, local street infrastmcture, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. 1. Will the proposed uses 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; Staff recognizes that traffic and noise will increase with the approval oHms development; however; staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does 'not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, :fumes, glare, or odors. Staff finds that the proposed conunercial zoning/use will nDt be detJ.imenta.l to people, property or the general welfare of the area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one new driveway to Fairview A venue and two new driveways to Venture Street. ACHD considers vehicular approaches in their analysis of projects and has prepared a staff report that prohibits access to Pairview Avenue. In order to have access to Fairview A venue, the applicant must receive a modification of ACHD policy from the Board of Commissioners. The ACHD Board of COmmissioners is scheduled to hear this item on October 6, 2004. The proposed access points to Venture Street meet ACHD policy for location. Staff finds that the least amount of interference to traffic on the surrounding public streets will occur if cross access between the subject property and the property to the east (Shuerman) is consbucted, and the proposed' access points to Venture Street are constructed. However; staff does find that increasing the traffic volumes on Venture Street will be an inconvenience to the existing residence as Venture Street is the only way to get into and out ofthe subdivision. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. Staff is supportive of the proposed drive-through lanes as they should not interfere with traffic on Venture Street or Fairview Avenue. TIle Commission and Council should rely on public testimony, ACHD's Commission action, and staff's analysis when determining whether or not the vehicular approaches and drive-through lanes will create an interference with traffic on sUITOlUlding public streets. K. Will not result in the destruction, Joss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annex.ation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that all essential services are available or will be provided by the developer to the subject property and \'rill not require wrreasonabIe expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan and development ordinances. The land to the southwest of the subject property was previously annexed into the City and this is a logical expansion of existing zoning and land uses. In accordance with the findings listed above, staff finds that the annexation/zonine oftrus oronertv would be in the best interest of the CitY-:. EXHIBIT F Conditional Use Pennit Findings Mountain West Bank (File CUP-04-035) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenus of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17 w3): . A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Parking stalls are required at the rate of one space per 200 s.f. of gross floor area for banks (MCC 11-13-5.B). Thirty-four parking spaces are proposed; twenty- three parking spaces are required (minimum). Staff finds that the project should have ample parking. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. Staffis supportive of the proposed drive-through lanes as they should not interfere with internal traffic flows or traffic flows on Venture Street. All proposed setbacks and landscaping meet the minimum standards outlined in Titles 11 and 12, Meridian City Code. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as "Commercia!." MCC 11-8-1, Schedule of Use Control, allows for drive-in establishments through the conditional use process in the requested C-G zone. Staff:finds that the requested bank use is in compliance with the Comprehensive Plan Future Land Use Map and that if approved as a CUP the project will be in compliance with MCC, Please see the findings in section "A" of the Annexation and Zoning portion of this report for further analysis. C. That the design~ construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see the findings in section HE" of the Annexation and Zoning portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see the findings in sections "F", "I" and "J" of the Annexation and Zoning portion of this report. The Commission and Council should rely upon public testimony to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as hJghways, street, police, and rIre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "0" of the Annexation and Zoning portion of tWs report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "0", "H" and "I" of the Annexation and Zoning portion of this report. G. That tbe proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "]U and "J" of the Annexation and Zoning portion of this report. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one new driveway to Fairview Avenue and two new driveways to Venture Street. ACHD c011siders vehicular approaches in their analysis ofprojects and has prepared a staffreport that prohibits access to Fairview A venue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy from the Board of Commissioners. 111e ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. The drive-through lanes are located on the west side of the proposed bank building. Staffis supportive of the proposed drive- through lanes as they should not interfere with internal traffic flow or traffic flows on the abutting roadways. The Commission and Council should rely on public testimony, ACHD Commission action, and staff's analysis when detezmining whether or not the vehicular approaches create an interference with traffic on surrounding public streets. Please see the Findings in section ''In in the Annexation and Zoning portion of this report for more analysis. I. That the proposed use lviII not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is unaware of any natural of scenic features of major importance on tills site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. February 11, 2005 Department Reports MERIDIAN CITY COUNCIL MEEfING February 15, 2005 APPLICANT Police Department -- Captain John Overton ITEM NO. 6..A-l REQUEST Approve liquor license for Eddy's at SOl South Main Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Mater/als presented at public meeHng5 shall become property of the City of Meridian. February 11,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 15, 2005 ITEM NO. 15 REQUEST Water, Sewer & Trash Delinquencies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. DELINQUENCY FOR TURN OFF Schedule for February 16, 2005 Cycle 1 MAYOR: Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre termination hearing prior to water service being disconnected. No water users having requested such pre- termination hearing for February 15, 2005, water service for the attached turn-off list will be terminated on February 16, 2005. The total amount of the turn-off list is $40,032.44. RECEIVED FEB 1 5 2005 City of Meridian City Clerk Office CITY OF MERIDIAN Delinquent Account List. council Page: 1 Standard Payment Customers Feb 15, 2005 04:46pm Current Period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () '" {<} 880000001 Customer. Bill Cycle'" 1 Cust No 24.04.0552.1 ABBEY BEN 85.50 42.81 42.69 01/19/2005 38.00 - 24.04.0868.2 ABLE, MICHAEL 100.66 54.09 46.57 01/1212005 47.72 - 23.02.0428.2 ADLER, JUSTIN 193.22 109.06 84.16 01/21/2005 64.00 . 30.74.2942.3 AGUERO, JEREMY A 223.24 156.66 66.58 01/19/2005 63.04 - 23.02.4740.1 ALBRECHT, JUDY 74.34 35.29 39.05 01/04/2005 35.29 " 37.37.2904.1 ALL AMERICAN CONSTRUCTIOt 46.53 17.70 21.00 4.46 24.03.0400.1 ALLEN, JAMES 96.56 35.29 35.29 25.98 11/29/2004 60.00 - 37.37.3822.1 ALLEN, SCOTT 56.38 35.29 21.09 01/18/2005 45.00 - 35.35.0194.4 ALLMOND, JOSEPH & TAKEIA 87.26 52.88 34.38 01/21/2005 45.00 - 22.50.0032.3 ALTIZER, RONDA 35.62 35.40 .22 01/18/2005 25.00 - 25.05.0160.1 ANDERSON, GORDON & JUDYT 122.71 42.81 39.05 40.85 11/16/2004 128.61 - 20.47.1148.2 ANDRUS, MICHAEL & JENNIFER 84.76 35.40 28.98 20.38 12122/2004 38.14 - 23.02.6300.1 ANSON, PATRICIA 88.90 55.30 33.60 01/18/2005 60.00 - 22.50.1990.2 ANSON, REBECCA 185.60 83.45 80.41 21.74 11/16/2004 157.94 - 24.04.1664.3 ANSON, RICK & REBECCA 198.58 85.29 24.01 71.83 11/23/2004 100.00- 25.25.0064.2 ARAGON, ALFREDO & DAWNA 121.88 59.06 62.82 01/04/2005 45.00 " 22.50.1626.2 ARNZEN FUNERAL SERVICE, IN 90.09 35.51 27.29 12/14/2004 31.05 " 30.74.5030.1 ASIN HOMES 35.40 17.70 17.70 12114/2004 28.98 - 30.30.5034.1 ASIN HOMES 35.40 17.70 17.70 12/14/2004 17.70 - 30.74.5034.1 ASIN HOMES 35.40 17.70 17.70 12/14/2004 17.70 - 30.74.5032.1 ASIN HOMES 35.40 17.70 17.70 12/14/2004 32.74 - 36.69.0530.1 ATCHISON, JEFFERY 131.21 46.57 39.05 45.59 11/16/2004 56.24 - 30.74.3660.2 ATHERTON, NOBLE 193.38 72.81 42.81 40.03 10/21/2004 72.00 - 30.74.3698.3 ATTEBERRY, SHELLY 84.83 69.13 15.70 01/26/2005 38.32. 23.01.1040.2 AZEVEDO. JOE & HEATHER 250.18 77.86 126.74 12/09/2004 76.06 " 22.50.2404.4 BACHMANN, LEVI 105.64 56.52 49.12 01/19/2005 48.14 " 22.50.4614.3 BACON, JA & DA 399.72 240.82 158.90 01/04/2005 121.44 - 24.04.1290.3 BACON,THOMAS & JANIS 103.90 56.64 47.26 01/21/2005 50.00 " 46.46.7002.2 BAILEY, MICHAEL & AUNDREA 84.24 40.26 40.26 3.72 22.51.0694.1 BAILEY, PEGGY 218.54 56.16 40.26 122.12 02103/2005 40.00 - 22.51.0290.3 BAILEY, PEGGY 81.34 27.49 24.01 29.84 11/24/2004 32.00 - 23.02.3550.2 BAILEY, PEGGY 111.94 54.09 57.85 02/0212005 40.19 - 22.50.2142.3 BARAJAS, ANTONIO & VELMA 157.88 95.06 62.82 01/18/2005 53.82 - 22.50.2360.3 BARBEY, STEVEN 71.28 32.23 39.05 12/15/2004 41.83 - 23.01.2790.4 BARINSKY, CYNTHIA 91.61 54.09 17.70 19.82 21.21.9046.1 BARNACK, BILLIE 132.67 27.21 15.07 18.83 07/19/2004 15.07 . 25.25.0104.2 BARNES, GREG & JASMINE 69.10 54.09 15.01 01/1212005 50.33 " 30.74.2822.1 BARR, KENNETH 250.98 114.25 136.73 12f15/2004 225.78 . 23.01.2110.2 BARROETABENA, PHYLLIS 71.02 28.98 21.46 20.58 01/18/2005 40.00 - 30.74.0016.4 BARRUS, ROMAN & CORINNA 101.27 40.26 36.50 24.51 25.25.1078.2 BARTON, RANDY & JUDITH 74.34 39.05 35.29 12114f2004 31.53. 34.34.6252.2 BASTERRECHEA, JEFF & KAREl 134.50 69.13 65.37 01/07/2005 49.51 - 22.50.1022.1 BEACH, ROXANNE 102.68 47.01 55.67 12114f2004 165.00 - 37.37.3014.1 BEAR CREEK LLC 70.58 35.29 35.29 01114/2005 31.53 - 30.74.2640.2 BECK, JEFFERY & TRACEY 98.72 77.86 20.86 01/11/2005 60.00 . 22.50.1500.1 BEDDES, LARRY 137.58 88.67 48.91 01/04/2005 33.87 . 24.04.1208.2 BEHRENDS, DALE 81.86 42.81 39.05 01f07/2005 44.61 . 24.04.2010.7 BELAIR, DENNIS 19.92 14.22 5.70 12/21/2004 113.87 - 36.69.0722.1 BENAVIDES. RUBEN 67.58 21.46 21.46 11/15f2004 73.48 - 23.02.3600.1 BENNETT, HOWARD 76.64 43.90 32.74 12116f2004 52.07 " ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Feb 15, 2005 04:46pm Current Period: 02/20f2005 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pml Non-Delinq 10f20f2004 Date Amount ~--"""--~ 30.74.3366.1 BENNETT, JEFFREY 44.26 20.25 24.01 01/13f2005 25.28 - 22.51.2622.1 BENTLEY, DONALD 258.04 132.72 125.32 01f24/2005 121.56 - 23.02.0452.1 BIERY, DARA LYNN 93.02 53.97 39.05 01/19f2005 46.41 - 30.74.1478.3 01/1 8f2005 161.77- 25.25.9932.2 BILLINGS, RAYMOND & DELANP 46.57 01f21/2005 91.18 - 30.74.2724.1 BISHOP, CALVIN 70.58 35.29 35.29 01 f13/2005 88.10 - 30.74.2696.2 BLACK, ROBIN 46.58 46.57 .01 01 f18/2005 39.04 - 23.02.4200.1 BLAKELY, CLAUDE JAMES 92.71 46.57 46.14 01/12/20D5 60.00 - 22.50.1726.2 BOESIGER, MAX 86.52 42.92 28.98 01105/2005 85.00 - 24.04.0862.5 BOESPFLUG, DAN & KATHY 104.90 52.88 52.02 02/01/2005 49.00 - 22.50.3696.2 BOHN, HEATHER 65.36 36.38 28.98 12/14f2004 113.32 - 24.04.2286.2 BOOKER, KEITH 148.71 80.41 68.30 01/10f2005 60.00 - 20.46.0468.1 BORCHARDT, KEVIN & TINA 114.76 64.43 50.33 01 f1912005 54.09 - 30.74.0660.2 BOSSART-HILL, CANDACE 123.69 10.29 10f1812004 85.70 - 37.72.0218.1 BOVEE, RONALD 43.21 42.81 .40 01 f25/2005 46.17 - 22.51.4250.1 BOWER ST. PROPERTIES, LLC 801.82 43D.25 371.57 01104/2005 390.37 - 37.37.3620.2 BOYLE. CHRISTINA 58.52 34.08 24.44 25.05.0602.1 BOYLE, JOHN 81.69 39.05 42.64 01118f20D5 72.00 - 25.05.0214.1 BRADY, ROGER 192.24 113.04 79.20 12/21/2004 64.98 - 23,02.3670.4 BRAINBRIDGE, STEVE 123.57 50.21 35.29 38.07 12/21f2004 106.69 - 22.50.1988.4 BRANDT, M. & WIEDENHEFT, A. 93.48 51.42 36.50 5.56 01 f25/2005 36.50 - 22.50.2194.2 BRAUN, STEPHANIE 79.14 25.92 25.22 28.00 12/14f2004 60.80 . 30.74.3974.2 BREEN, RICHARD 44.32 42.81 1.51 01/1212005 75.00 - 25.25.1006.2 BRENNAN, TERRENCE & GAYLE 97.91 69.13 28.78 01/2612005 100.00 - 23.01.0800.1 BREWER, SID & SHELLY 167.78 51.54 81.54 12/15/2004 64.70 - 23.02.3370.4 BRIGGS, TERJ 86.88 51.58 35.30 02/14/2005 50.00 - 23.01.3510.4 BRINEGAR, E. E. 121.66 44.02 40.26 37.38 12108/2004 50.00 - 23.02,1290.5 BRINEGAR. E.E. 107.88 74.88 32.74 .26 01/19/2005 70.00 - 23.02.1650.1 BRINEGAR, E.E. 85.81 32.05 23.83 29.93 12107/2004 50.00 . 23.02.3712.2 BRINEGAR, E.E, 113.30 57.85 50.33 5.12 01118/2005 46.00 - 24.04.1674.1 BRINKERHOFF, JOHN 401.38 283.37 118.01 01/19f2005 103.05. 34.34.6318.1 BROADWAY HOMES 17.60 14.12 3.48 34.34.6236.1 BROADWAY HOMES 3.82 3.48 .34 34.34.6212.1 BROADWAY HOMES 17.60 14.12 3.48 36.69.0574.1 BROWN, JAMES & SHERRY 94.88 50.33 42.81 01/18/2005 45.00 - 37.37.3844.2 BROWN, KATHLEEN 64.46 42.81 21.65 02/02/2005 80.00 - 30.74.3264.1 BROWN, MICHAEL & LISA 81.01 39.05 41.96 01 f1 0/2005 89.09 - 30.74.2586.1 BROWN, SARAH 106.56 36.50 32.74 11 f30/2004 44.18 - 36.69.0566.1 BROWNELL, D.R. 89.38 42.81 46.57 01118/2005 33.96 - 24.03.0312.1 BURKETT, JEFFREY & ROXANN 119.46 61.61 57.85 01104/2005 55.89 . 36.69.0182.1 BURNS, DONALD 60.64 30.32 30.32 D1118/2005 65.88 . 36,65.3162.3 BURNS, E. GALE & ELAINE 125.52 69.13 56.39 D1/24/2005 30.00 - 36,69.0282.1 BURNS, EVA 83.82 54.09 29.73 02/15/2005 54.09 - 36,68.0232.2 BYINGTON, ALEX & HEIDI 111.94 54.09 57.85 01/18/2005 79.68 - 35,35.0157.2 BYRD, SAM & LiliA 106.84 55.30 51.54 12/23/2004 48.60 - 22,50.0724.1 C.F.I.INVESTMENTS 48.80 29.68 19.12 01/24/2005 50.00 - 22.50.0726.2 C.F.I.INVESTMENTS 56.86 31.64 25.22 01/12/2005 25.22 - 30.74.0396.2 CADA, ROSE 70.58 39.05 31.53 01/13/2005 43.63 - 30.74.0400.1 CADA, ROSE 70.58 35.29 35,29 01/13/2005 31.52 - 23.02.0498.1 CADE, CHRISTOPHER 295.03 135.28 159.75 01 f2412005 68.51 - 46.46.7078.2 CALENTINO, JAMES & ELlZABE' 45.93 45.36 .57 30.74.0402.1 CALLAWAY, LAUREL 84.28 44.02 40.26 12f14/2004 32.74 - 21.49.0932.1 CAMPBELL, CLAIRE 65,66 31.79 33.87 12/23/2004 30.11 - 23.01.1370.2 CAMPBELL, ROBERT & JENNIFE 42.18 40.26 1.92 01/04/2005 63.56 - 24.03.0428.4 CARLSON, JOHN & SAM 84.28 44.02 40.26 01124/2005 49.96 - ... in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account List- CDU ncil Page: 3 Standard Payment Customers Feb 15, 2005 o4;46pm Current Period: 02120/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Non-Derinq 11/20/2004 Date Amount ------- 36.69.1122.2 CARTER, J.R 59.58 57.85 1.73 02/15/2005 55.00 - 35.65.0608.2 CARVAlLO, TERI 57.37 32.74 24.63 01/04/2005 35.00 - 24.04.0798.2 CASE, RICHARD & DONNA 209.02 35.29 39.05 09/21/2004 40.46 - 23.02.6850.2 CASE, STEVEN 66.86 36.50 30.36 01/2412005 50.00 - 22.50.2108.1 CASELLA, GARY 97.12 35.40 32.74 11/3012004 27.02 - 22.5o.D31 0.2 CASSo BRUCE C 81.22 33.44 47.78 01104/2005 119.02 - 24.03.0850.2 CAST, PETER & VERIONICA 85.62 46.57 39.05 02/0212005 40.03 - 31.31.0215.1 CENTRAL PARK PLAZA SLOG A 106.61 97.92 5.44 25.09.0012.2 CHAMBERS, HEATHER 32.66 31.53 1.13 22.50.3726.2 CHANDLER, NICKlE 65.00 47.66 17.34 01/31/2005 75.00 - 24.03.0070.1 CHANDLER-ZUNDEL, PATRICIA 122.71 42.81 42.81 37.09 12116/2004 41.01 - 24.03.0098.2 CHAPMAN, PATRICIA & PATRICI 72.56 17,70 17.70 37.16 12106/2004 39.12 - 32.32.4084.2 CHAPPELL, JOHN 119.24 66.50 52.74 01119/2005 89.36 - 30.74.2850.1 CHEESBROUGH, JAMES G. 89.38 46.57 42.81 01121/2005 42.81 - 23.02.6100.1 CHENEY, STEVEN 67.10 36.50 30.60 01/26/2005 32.74 - 23.D2.4 700.2 CHENEY, STEVEN 113.40 77.78 35.62 01/21/2005 65.00 - 37.37.4126.2 CHESTER, EDWARD JR 78.10 39.05 39.05 01/04/2005 44.61 - 22.50.0500.3 CHESTER, FAYE 61.00 39.16 21.84 01/3112005 30.00 - 21.21.9038.3 CHilDRESS, JACK 49.73 47.97 1.76 01/0312005 65.00 - 21.21.9034.3 CHilDRESS, JACK 44.01 42.25 1.76 01/0312005 65.00 - 21.21.9074.2 CHilDRESS, JACK 90.99 69.71 21.28 01/03/2005 70.00 - 21.21.9010.2 CHilDRESS, JACK 61.62 56.47 5.15 01/03/2005 73.87 - 24.03.0614.1 CHILDS, KIM 81.86 42.81 39.05 12/28/2004 34.31 - 35.35.0216.1 CHRISTENSEN, S. G. 26.04 25.04 1.00 02108/2005 24.04 - 37.37.3314.1 CHRISTIAN BROS 4.27 3.48 .79 37.37.3268.1 CHRISTIAN BROS CONSTRUCTI 3.82 3.48 .34 37.37.3234.1 CHRISTIAN BROS CONSTRUCTI 83.54 17.70 17.70 21 .46 26.68 10/19/2004 8.36 - 22.51.1170.2 CHRISTIANSON, ARTHUR & COI 78.89 14.79 11.31 11.31 41.48 08103/2004 30.17 - 22.51.1174.2 CHRISTIANSON, ARTHUR & COI 164.55 32.77 22,59 22.59 86.60 08/03/2004 64.01 - 32.32.4844.2 CHRISTOFFERSON, ANDY & RE 126.54 67.92 58.62 01/18/2005 58.44 - 24.04.1900.2 CLARK, JOHN & PATRICIA 95.60 59.10 36.50 01/14/2005 69.41 - 37.37.3808.2 CLARK, VICTOR & JODY 85.62 39.05 46.57 01/06/2005 51.15 - 22.51.0690.2 CLAY, SANDRA 103.86 74.88 28.98 01/19/2005 58.94 - 25.05.0344.1 CLIFF, DWIGHT 110.80 87.93 22.87 01/27/2005 5o.0D - 35.35.0189.2 CLOUGH, RG. & PAM 61.72 32.74 28.98 01/14/2005 32.74 - 29.07.0892.3 CLUPHF, CHRIS 76.76 66.50 10.26 01/21/2005 86.06 - 36.68.0318.5 COFFIELD, RONALD 105.95 54.09 51.86 01/18/2005 50.00 - 30,74.3360.1 COLE, DEBRA 39.08 39.05 .03 01/27/2005 31.50 - 30,74.0424.2 COMPTON, CRAIG 74.80 40.26 34.54 01/18/2005 40.00 - 32.32.4114.2 CONCANNON, THOMAS JR & LII 99.18 51.54 47.64 01/26/2005 50.00 - 22.50.2422.4 CONOVER, CHUCK & NATALIE 93.02 50.21 42.81 12/13/2004 45.59 - 23.02.1920.1 CONRADI, LINDA 185.76 81.66 104.10 12115/2004 113.48 - 25.05.0518.1 COOK, ROBERT 89.38 46.57 42.81 02/15/2005 44.61 - 22.50.2416.2 COOK, SONYA 117.19 37.95 31.53 01/18/2005 200.00 - 23.02.0640.1 COPE, LINDA 51.78 27.77 24.01 1211 5/2004 153.18 - 30.74.3212.1 COREY BARTON BUILDERS 73.00 28.98 44.02 12122/2004 53.11 - 24.04.0120.2 CORONA, JUAN & ROMONA 126.78 70.34 51.54 01/18/2005 80.00 - 24.D4.1746.1 COSGROVE, AMY 115.62 42.81 72.81 02107/2005 40.03 - 35.35.0182.2 COVINO, MELODY 95.56 51.54 44.02 02115/2005 39.28 - 35.35.0228.1 COVINO, PETER III 135.70 85.37 50.33 01/1812005 97.06 - 22.50.3928.1 CROASDAlE, DENA 94.00 54.95 39.05 01/07/2005 67.44 - 46.60.0064.1 CROCKER BUILDING CO 39.16 21.46 17.70 12114/2004 10.56 - 46.60.0042.1 CROCKER BUILDING CO 13.36 3.48 3.48 3.48 22.51.3260.1 CRW HOLDINGS LlC 225.26 114.86 106.64 3.76 01118/2005 106.64 - 24.04.0686.2 DA ROSA, JULIE 121.88 66.58 55.30 01/18/2005 86.28 - ... in Msg column indicates no Notice is 10 be sent CITY OF MERIDIAN Delinquent Account List- council Page; 4 Standard Payment Customers Feb 15, 2005 04:46pm Current Period: 02/2012005 No Delinquent Minimum AmounlDelinquent Balance Last Pm! Last Pml Non-Delinq Date Amount -- --- 23.02.0910.1 DAILEY, DON 45.10 40.26 4.84 01/2512005 36.60 - 22.50.0284.3 DALE, MARK 34.52 21.18 13.34 12/2112004 20.00 - 24.03.0872.1 DALLMANN, DAVID 68.14 17.70 21.46 1211412004 71.58 - 22.50.3852.2 D'AMICO, JENNIFER 59.64 34.42 25.22 01/04/2005 27.82 - 36.69.1646.1 DANE BARLOW 8.33 4.85 3.48 23.02.4330.1 DANNENHAUER, CHARLES 50.44 25.22 25.22 12129/2004 47.44 - 23.01.3910.1 DAVCO SERVICES INC. 1,118.38 357.79 760.59 11/24/2004 644.56 - 23.02.6660.1 DAVIS, SUSAN 46.68 25.22 21.46 01/0412005 25.22 - 22.50.0288,6 DAWSON, CAROL 81.50 55.92 25.58 01/2112005 100.00 - 36.36.0996.2 DAWSON, CAROL 0 145.73 50.33 95.40 0110412005 43.68 - 23.02.4960.1 DAYTON. CHRISTY LYNN 85.62 42.81 42.81 01/13/2005 47.39 - 23.02.1610.1 DESILET. DENICE 39.28 34.42 4.86 01/26/2005 25.0D - 36.36.1086.1 DESPAIN, BRENT & DIANE 46.68 28.98 17.70 01/14/2005 21.46 - 35.35.0425.1 DEVELOPMENT SERVICE 8.72 6.42 2.30 01/13/2005 9.90 - 24.03.0824.2 DEWITT. HALEY 50.44 25.22 25.22 01/18/2005 67.12 - 23.02.1960.1 DICKSON, DONALD M 96.42 56.16 40.26 12/13/2004 119.46- 30.30.6142.2 DILECCE, COSIMO 53.10 17.70 17.70 11/1812004 53.88 - 36.69.0490.1 DIXON, SCOTT & HEATHER 48.86 47.78 1.08 01/1312005 40.26 - 23.02.5840.2 OJ INVESTMENTS INC 95.56 51.54 44.02 02/0412005 41.08 - 24.03.0720.1 DOBARAN, JOHN & ARVELLA 22.62 11.31 11.31 01118/2005 11.31 - 24.03.0830.1 DONLON, KATHRYN 74.34 35.29 39.05 12/28/2004 61.42 - 30.74.1062.1 DOTY, PAULINE & RON 108.96 21.28 43.84 12123/2004 44.82 - 37.37.2930.2 DOWDLE, KEVIN & NATALIE 39.90 39.05 .85 01111/2005 40.00 - 30.74.4050.1 DREAMLAND DAYCARE 238.17 147.62 90.55 12129/2004 100.00 - 32.32.4912.3 DRUCE, RICHARD & SYBIL 122.71 39.05 39.05 12121/2004 42.65 - 24.04.2282,1 DRURY, PATRICK 126.90 76.57 50.33 01/19/2005 81.15 - 35.35.0036.3 DUARTE, RACHEL 83.40 40.26 43.14 1212112004 115.00 - 37.37.3644.2 DUNN, MICHAEL 30.45 27.77 2.68 12/1412004 28.98 - 25.25.1060.3 DUNSWORTH, BRAD & JODI 89.71 54.09 35.62 12/1412004 83.49 - 24.04.1958.1 DUPLEX, KENNETH & DONNA 143.36 72.89 61.61 0210112005 80.00- 36.68.0102.2 DURHAM, KYLE 45.12 31.53 13.59 12/14/2004 125.00 - 23.02.5010.1 EARLEY, GEORGE 57.96 28.98 28.98 02/15/2005 28.00 - 30.74.3784.1 EBBERS, MARIE 55.74 24.01 31.53 .20 12123/2004 56.32 - 21.48.1633.1 EDDY'S BAKERY .52 .52 01118/2005 3.48 - 34.34.6230.1 EDENBROOK 122.62 32.74 44.02 32.74 10/27/2004 3.48 - 23.02.4320.3 EDGEMON. LOREN 148.1 2 89.06 59.06 01/19/2005 57.10 - 30.74.3678.2 EDWARDS, DEARL W 91.44 50.33 41.11 01126/2D05 45.00 - 23.02.2734.1 EDWARDS, MICHAEL A 54.42 43.90 10.52 01/24/2005 70.00 - 22.51.2992.1 ELD, LARRY 89.48 44.60 44.88 01113/2005 61.12 - 22.51.0758.1 ELITE CLEANERS 295.90 167.09 128.81 01/04/2005 253.86 - 21.48.4850.1 ELIXIR INDUSTRIES 82.28 44.84 37.44 12121/2004 47.24 - 37.72.0101.1 ELK RUN HOMEOWNERS ASSO 316.30 09/22/2004 54.44 - 36.68.0138.1 ELLINGTON, BRUCE 108.18 61.61 46.57 01/18/2005 47.55 - 36.69.1602.1 ELWOOD, DELBERT 99.32 47.78 51.54 01/04/2005 46.80 - 23.02.6510.2 EMMONS, CYNTHIA 273.36 44.02 44.02 01/04/2005 70.82 - 23.02.1940.1 EPLEY, RITA 86.38 52.40 33.98 01/25/2005 40.00 - 22.50.1238.2 ERHART, MILT 105.34 9.90 21.46 10/1912004 127.82 - 22.50.1236.3 ERHART, MILT 109.88 73.38 36.50 01/18/2005 60.24 - 23.02.3464.1 ERICKSON, RICHARD 109.66 65.64 44.02 01/1812005 53.34 - 20.47.1062.2 ESCALANTE, EVA 85.96 45.70 40.26 01/13/2005 33.72 - 23.02.6380.3 ESTEP, COURTNEY & SCOTT, J. 125.64 66.58 59.06 1212312004 57.64 - 25.05.0700.1 EVANS, ANDREW 113.60 57.85 55.75 01/1812005 30.00 - 36.69.0244.2 EVANS, GARLAND 63.06 35.29 27.77 01/1812005 69.63 - 22.50.3822.1 EVANS. M. SHAE 90.56 57.14 33.42 01/1212005 80.00 - 20.46.0132.3 EVANS, SUSAN 81.74 46.45 35.29 01114/2005 87.26 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Feb 15,2005 04:47pm Current Period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pm! Non-Delinq Date ------- 30.74.3614.1 FACKRELL, THOMAS 70.58 39.05 31.53 12/27/2004 68.62 - 24.04.1564.2 FAIRCHILD, KERI 55.54 27.77 27.77 12/22/2004 55.46 - 23.02.2060.1 FARMER, SCOTT 142.80 66.23 76.57 01/26/2005 51.47 - 23.02.2450.1 FARRELL, MICHAEL 138.48 52.40 40.26 11/16/2004 97.42 - 23.02.5890.1 FElL, KAY OR SKIP FElL 84.28 44.02 40.26 12/23/2004 45.98 - 35.65.0262.2 FENWICK, J. & LOGAN. SHERYL 21.70 17.70 4.00 30.74.2568.2 FINLEY. JEFFREY 129.32 81.54 47.78 01/1912005 76.06 - 30.74.3190.3 FISHCHER. DONALD & LAURA 88.04 44.02 44.02 01/18/2005 77.62 - 30.74.1056.1 FISHER. BEA J, 86.36 59.06 27.30 01/1 8/2005 30.00 - 22.51.3990.1 FISHER, DANNY W 89.00 55.18 32.74 02/07/2005 15.00 - 36.69.1544.1 FONTENOT, DARRELL & SHANJ\ 232.26 114.25 118.01 01/1 8/2005 98.39 - 35.65.0790.2 FOREST, JOHN & REGINA 182.04 104.18 77.86 01/1 8/2005 80.88 - 30.30.6212.2 FORSTER. PAMELA 111.38 72.81 38.57 01/19/2005 100.00 - 25.25.9912.2 FOSS, JEFFERY & ANDREA 57.96 28.98 28.98 12/14/2004 80.20 - 22.50.3712.2 FRANCISCO C. MATHEOUS 45.56 11/15/2004 53.40 - 23.02.2330.1 FRAPS, JOSEPH 53.44 53.38 .06 01/14/2005 92.56 - 36.68.0142.1 FRAZEE, ANGIE 78.10 39.05 39.05 01/18/2005 43.63 - 22.51.3078.3 FREEMAN, NICOLE 100.60 36.08 64.40 .12 12/15/2004 91.42 - 23.02.4930.4 FREEMAN, SARAH 124.62 42.81 42.81 39.00 12/17/2004 44.00 - 20.46.0240.2 FRENCH, KATHY & MILES, WILL 105.78 49.23 50.33 6.22 01/19/2005 93.00 - 23.01.0832.1 FRIENDS OF CHILDREN & FAMII 27.35 26.35 1.00 01/18/2005 32,87 - 37.37.5022.1 FULLER, JASON & TRACY 28.95 24.49 4.46 20.46.0116.1 GARIBOVIC, KASIM 73.24 41.71 31.53 01128/2005 72.22 - 22.50.0132.2 GARIOEL. TROY 112.32 39.16 36.50 36.66 11/24/2004 65.38 - 25.25.9904.2 GARVIN, MATTHEW 135.61 62.82 55.30 17.49 01/24/2005 75.00 - 34.34.6064.2 GEARHART, ANDREW & JAMIE 61.72 44.02 17.70 01/04/2005 37.16 - 37.72.0280.1 GElS, ADAM 85.62 42,81 42.81 01/18/2005 39.64 . 30.74.3078.2 GENTSCH, NOREEN 208.88 125.53 76.65 01/1212005 75.00 - 22.51.3870.2 GEORGE. RICHARD & JAN 118.80 67.65 51.15 12/16/2004 140.00 - 35.35.1448.2 GIBBS, CINDY 76.76 36.50 40.26 01113/2005 39.28 - 30.30.6042.2 GLASS, ANNETTE 81.29 28.98 28.98 12/14/2004 80.00 - 24.03.0344.2 GOODNER, TIM & MERRY ANN 190.92 134.26 56.66 02/10/2005 40.00 - 30.30.6010.2 GOULD, TRAVIS & AMANDA 100.91 72.81 28.10 01/19/2005 80.00 - 30.74.0318.5 GOURLEY, JEFFREY 88.04 44.02 44.02 01/14/2005 52.50 - 22.50.3916.1 GOVREAU. AMY 71.90 42.92 28.98 12/2212004 38.30 - 22.50.3908.1 GRAHAM. JOHN & KATHLEEN 91.96 35.40 28.98 01/18/2005 50.00 - 30.74.3022.1 GRAY. RICHARD & GAYLE 111.94 69.13 42.81 01/03/2005 51.15 - 24.04.1146.2 GREEN LANCE & GLORIA 119.28 44.02 40.26 35.00 12121/2004 38.00 - 24.04.1206,1 GREEN, KEVIN 138.16 42.81 65.29 30.06 1211 5/2004 85.00 - 32.32.4766.1 GREG HATCHER CONSTRUCTIC 6.74 3.48 3.26 23.03.4012.1 GREYLOCH CUSTOM CABINETf 8.93 5.45 3.48 20.46.0190.1 GRIST, JIMMIE 136.65 50.21 39.05 11/16/2004 101.51 - 24.04.2276.2 GROAT, DARLA 253.17 04/16/2004 102.68. 30.74.3180.2 GROESBECK, KEN & ROBERTA 81,86 39.05 42.81 01/18/2005 104.90. 30.74.3176.3 GROSSL, EDNA 155,13 84.17 61.61 01/04/2005 70.00 . 24.03.0034.1 GROUND, JENNIFER 99.34 76.57 22.77 01/19/2005 100.00 - 24.04.2184.2 GROVES, NANCY & DARRELL 110.60 55.30 55.30 01/14/2005 44.02 - 24.03.0040.1 GROW, WES 80.52 40.26 40.26 12/21/2004 30.94 - 25.25.0126.2 GROW.GRAY, DANIELE 83.74 44.02 39.72 01/07/2005 90.00 - 32.32.4688.1 GUARANTEED QUALITY 5.16 3.48 1.68 32.32.4330.1 GUARANTEED QUALITY HOMH 5.16 3.48 1.68 32.32.4302.1 GUARANTEED QUALITY HOME~ 5.16 3.48 1.68 32.32.4342.1 GUARANTEED QUALITY HOME~ 5.16 3.48 1.68 32.32.4304.1 GUARANTEED QUALITY HOME~ 8.81 5.44 3.37 32.32.4134.1 GUARANTEED QUALITY HOME~ 82.42 21.46 17.70 ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Feb 15, 2005 04:47pm Current Period: 02120/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Non-Delinq 11/20/2004 Date -----~--- 37.37.3324.1 GUARANTEED QUALITY HOME~ 54.12 21.46 21 .46 7.72 3.48 37.37.5030.1 GUARANTEED QUALITY HOME~ 59.09 17.70 17.70 17.66 6.03 46.17.0415.1 GUARANTEED QUALITY HOME~ 35.76 17.70 14.58 3.48 37.37.3300.1 GUARANTEED QUALITY HOME~ 4.60 3.48 1.12 30.74.2382.4 GULL, SCOTT 113.44 71.68 41.76 01/31/2005 61.38 - 24.04.1620.7 GUYMON, GREG & ALISON 103.00 74.02 28.98 01/19/2005 73.02 - 29.07.0896.3 HAFER. RUSSELL 128.80 77.85 50.95 02109/2005 80.00 - 30.74.2760.2 HAGAN, CHRISTOPHER & AMA~ 132.35 46.57 39.05 11/30/2004 51.63 - 37.37.3812.2 HALE, GARY 96.90 46,57 50.33 02/08/2005 48.37 - 24.04.1296.3 HALES, SCOTT & AMANDA 108.18 54.09 54.09 01/18/2005 88.67 - 37.37.3806.2 HALL, JEFFREY & BOTTORFF, T 48.02 20.25 27.77 12/21/2004 42.81 - 37.37.3310.1 HALLMARK HOMES 35.95 21.46 14.49 01/12/2005 6.17 - 30.74.1052.2 HAMILTON. JACQUELYN 73.00 40.26 32.74 12/23/2004 66.46 - 23.01.0020.1 HAMMOND OD, THOMAS R 84.20 25.22 58.98 12/15/2004 130.48 - 20.46.0434.2 HAMMONS, CURTIS & CARLA 73.24 41.71 31.53 01118/2005 86.30 - 37.72.0198.2 HAMP, CURTIS & JANET 74.34 35.29 39.05 12/14/2004 88.24 - 35.35.0173.2 HAMPSON, THEODORE & MICHl 93.14 46.57 46.57 01/18/2005 77.12- 24.04.1320.4 HANCE, JOHN & SARA 59.20 45,36 13.84 01/26/2005 40.00 - 20.47.0002.3 HANNUM, ELLEN & PAUL 90.24 47.43 42.81 02108/2005 45.59 - 24.04.1224.2 HANSARD, DONALD & CARMEN 82.08 36.5D 36.50 10/1 8/2004 118.86 - 30,74.2662.1 HANSEN, DAVID 91.80 44.02 47.78 01/28/2005 73.04 - 23.02.0906.1 HARMON, ROBERT K. & R HALL 80,52 44.02 36.50 01/04/2005 70.68 - 36.69.0578.1 HARRIS, DEBORAH 138.26 72.89 65.37 12108/2004 240.84 - 36.69.1000.2 HARRIS, STEVEN & WENDY 57.85 50.33 7.52 02/01/2005 48.57 - 30.74.3230.1 HARRISON, THOMAS 80.52 40.26 40.26 01 f18/2005 39.28 - 36.69.1240.1 HART, DOUG 78.10 35.29 42.81 01/04/2005 38.07 - 30.74.0690.2 HATCHER. PENNY 257.24 130.50 126.74 01/18/2005 89.32 - 25.25.1106.2 HAWK, PAMELA 84.77 42.81 41.96 11/30/2004 84.51 - 22,50.2112.2 HAY, CHARLES & ROBERTA 98.74 59.69 39.05 12123f2004 101.56 - 20.46.0260.1 HAYES, MARCIA 52.48 28.47 24.01 12/15/2004 54.56 - 22.50.2D36.2 HAYHURST, D. & KIMBRELL, M. 78.98 23.14 17.70 38.14 01/11/2005 17.98 - 24,03.9751.1 HAZ TEC - SPRINKLER 3.48 3.48 11/24/2004 21.12 - 36.69.0694.2 HEATON, CHAD & HEATHER 145.70 61.61 84.09 12115/2004 122.16 - 30.74.2440.2 HERBERT, RANDY & EMILY 44.34 35.29 9.05 01/26f2005 30,00 - 36.69.0420.1 HESS, JOE 81.86 42.81 39.05 12113f2004 45.59 - 22.51.0928.3 HICKEY, FA 136.96 81.66 55.30 01/03/2005 49.90 - 22.51.3580.1 HIGGINBOTHAM, RON 143.42 91.88 51,54 01/19/2005 80.72 - 22.50.4638.2 HIGHLAND DEVELOPMENT lLC 42.64 24.94 17.70 0211112005 149.27 - 34.34.6264.1 HIGHLANDER HOMES 74.69 57.49 17,20 22.50.4594.3 HINSHAW, TONY & KATHY 45.11 24.94 17.70 01/18/2005 17.70 - 30.30.6032.2 HINSZ, l YNETTE 59.54 32.74 26.80 01119/2D05 30.00 - 30.74.3686.2 HINTZE, JEFF & AMY 36.10 35.29 .81 01121/2005 34.00 - 30.74.0688.3 HISLOP, TOM 57.96 32.74 25.22 01118/2005 59.92 - 29.07.0998.3 HISLOP, TOM 89.38 42.81 46.57 01118/2005 74.50 - 29.07.1096.2 HISLOP, TOM & HATCHER, PEN 99,20 32.74 32.74 1211412004 52.74 - 22.50.4810.2 HIX, MICHAEL 58.82 43.90 14.92 01/1912005 40.00 - 35.35.0221.2 HOALST, JODI 135.35 91.61 43.74 01 f1 912005 100.00 - 23.02.4750.2 HOBBS, MATTHEW 84.00 44.02 39.98 0110412005 79.00 - 22.50.3710.1 HODOR, LARRY 91.68 55.18 36.50 0112612005 40.26- 20.46.0356.1 HOLDRIDGE, JOANNE 105.90 61.88 44.02 01/0412005 49.84 - 25.05.0722.2 HOLLEY, ANNA 99.32 51.54 47.78 01/1812005 49.58 - 30.74.1014.3 HOLLOWAY, JERALD K 73.00 36.50 36.50 01/19/2005 80.52 - 24.03.0272.4 HOLMES, MICHAEL & LAURIE 58.85 57.85 1.00 01/18f2005 90.34 - 22.51,0446.2 HOOTS, TRACI & RAMIREZ, MAF 313.64 311.93 1.71 22.50.0680.1 HOOVER, L YND M 105.46 40.14 28.98 ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Feb 1 5, 2005 04:47pm Current period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Non-Delinq 11/20/2004 Date Amount ------------ 22.50.0678,1 HOOVER, L YND M 211.03 57.73 110.49 42.81 12/29/2004 42.81 - 30.30.6096.2 HOPPE MIYAKE, BRENDA 107.67 35.29 35.29 37.09 12/14/2004 75.03 - 22.51.0314.1 HORTON, RICK 43.25 26.90 16.35 07/26/2004 100.00 - 30.30.6128.2 HOUDE. RICHARD & CATHRYN 66,50 40.26 26.24 01/31/2005 35.00 - 23.02.3000.1 HOUSTON, TONY & THERESA 85.14 52.40 32.74 12/21/2004 42.06 - 36.69.1276.2 HOWARD, DONALD & CAROLYN 95.68 04/21/2004 35.32 - 22.50.0226.1 HOWELL, JAMES 117.46 44.57 72.89 12/15/2004 134.52 " 35,65.0704.2 HUBBARD, SCOTT & ERICA 54.46 44.02 10.44 01/18/2005 37.38 - 35.65.0708.1 HUDDLESTON, CODY 175.78 117.93 57.85 01/19/2005 98.97 - 36.69.1136.2 HUNT, DALE & DEEDRA 50.39 50.33 .06 01/18/2005 54.09 - 36.69.0926.2 HUNTTING, DENNIS & RANAE 1 ,300.48 66.50 44.02 1,143.00 02/01/2005 44.02 - 22.50.3894.2 HURLEY, DALE & GAIL 77.98 42.69 35.29 01/12/2005 40.10 - 24.04.1914.4 HYDE, JOHN 157.06 72.89 84.17 01/19/2005 85.31 - 21.49.1148.1 IDAHO HEATING AND AIR 286.02 146.22 139.80 01/13/2005 136.04 - 30.74.3336.1 ILG, KENNETH 108.18 57.85 50.33 01/18/2005 52.13 - 24.03.4001.1 INTERSTATE BATTERY 4.06 .58 10/19/2004 91.68 - 23.02.0444.1 IRISH, STACIE 104.02 40.73 31.53 31.76 12/13/2004 82.04 - 36.65.3112.1 JACOBS, MARIE 91.72 32.74 58.98 12/15/2004 98.12. 36.68.0046.1 JACOBSEN, JASON & LIANNA 107.20 39.05 68.15 01/27/2005 40.00 - 23.23.3012.2 JAEGER,KEVIN & CLAY, TINA 68.32 36.50 31.82 01/07/2005 100.00 - 35.35.0112.2 JARDINE, JEFFREY 80.52 44.02 36,50 01/18/2005 39.28 - 30.74.2830.2 JELLlFFE, MARIA 95.56 44.02 51.54 12/14/2004 43.D4 - 30.74.2532.2 JERYLE MILLER 69.22 39.05 30.17 12/21/2004 75.00 - 46.46.6250.1 JOHN FLAHERTY CONSTRUCTII 198.02 24.01 174.01 01/14/2005 20.25 - 23.01,2710.2 JOHNSON. MARC 106.76 70.26 36.50 01/19/2005 103,00. 23.02.1890.3 JOHNSON, STEVE & BARB 98.01 63.45 34.56 11/09/2004 37.25 - 22.51.4290.1 JONES, BRET 226.27 1 22.58 103.69 01/19/2005 80.29 - 20.47.1036.2 JONES, FAROL 166.65 49.23 72.81 12/15/2004 77.94 - 22.50.2354.1 JONES, OWEN 67.97 41.71 26,26 02/15/2005 35.29 - 22.50.2418.2 JONES, WES & CINDY 119.88 83.38 36,50 01/19/2005 54.16 - 22.50.2122.2 JONES, WES & CINDY 96.42 63.68 32.74 01/18/2005 95.48 - 23.01.2720.2 JOY, JENNIFER 81.73 40.26 28.98 02/01/2005 29.00 - 20.46.0538.3 JUDY, VICTOR 100.18 59.92 40.26 01105/2005 35.68 - 20.46.0802.4 JUDY, VICTOR 128.26 78.26 50.00 02/08/2005 45.90 - 20.46.0840.4 JUDY, VICTOR 64,74 36.97 27.77 02/01/2005 32.22 - 35.35.1460.2 KAMCHATHPHAY, C & BOUALA' 93.14 50.33 42.81 01/10/2005 48.37 - 23.03.4020.1 KB WELDING 16.45 12.97 3.48 24.03.0024.2 KEENEY, DOLAN 78.56 36.50 36.50 5.56 01/18/2005 36.50 - 30.74.3788.2 KEENEY, DOLAN & ELIZABETH 91.64 44,02 40.26 7,36 01/18/2005 40.26 - 35.35.0273.2 KENNER, MICHAEL 70.58 35.29 35.29 12/21/2004 30.71 - 32.32.4056.2 KETLlNSKI, KELLI & TY 80.52 40.26 40.26 01/13/2005 36.50 - 24.04.1250.3 KIDWAI, LAURA 105.58 32.74 32.74 11/23/2004 40.10 - 35.35.7922.1 KIMBALL PROPERTIES 168.40 167.28 1.12 22.50.D594.2 KINDALL, AARON & MISTIE 90.24 51.19 39.05 12/02/2004 40.03 - 22.51.3570.4 KNOX, JERRY & NORMA 561.12 109.10 47,78 07/19/2004 50.0D - 30.30.6242.2 KOLLING, MATT 50.44 21 .46 28.98 01/19/2005 .10 - 23.02,1340.2 KRAUS, LINDA 26.82 25.69 1.13 24.04.2262.1 KREEGAR, KRISTOPHER 104.74 57.85 46.89 01104/2005 30.00 - 30.74,3168.1 KREFT, TIM & USA 115.70 57.85 57.85 01/13/2005 54.09 - 35.65,0398.1 KUBENA, TED 83.58 17.70 17.70 11/01/2004 89.55 - 22.50.4642.3 KUGEL, LISA 96.02 62.47 33.55 01/18/2005 60.00 - 36.65,3158.2 KULM, JAMES & WENDY 69.24 36.50 32.74 01/12/2005 69.08 - 30.74,2966.1 KUNARD, LARRY 32.76 32.74 .02 01/26/2005 14.48 - 30.74.0426.1 LACY, GLORIA 51.78 27.77 24.01 01/11/2005 30.55 - 22.50.1750.1 LACY, MEL 97.26 69.75 27.51 01/19/2005 100.00 - d. in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Feb 15, 2005 04:47pm Current Period: 02/2012005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Non-Delinq Date Amount ---~-- 20.46.0634.3 LAING, DAVID 47.38 25.92 21.46 12/1712004 21.46 - 35.35.0144.3 LAMASTERS, TERRENCE 76.76 44.02 32.74 12/23/2004 77.48 - 23.01.0890.1 LANTZ, STAN 50.45 25.22 25.22 12/23/2004 30.75 - 23.02.4490.2 LARSON, LEIF 56.78 55.30 1.48 01128/2005 50.00 " 35.65.0260.2 LARSON, WADE & LAURI 102.00 56.64 45.36 01119/2005 92.34 - 35.35.0401.3 LAVARELLO, MIGUEL & BRANDI 125.65 42.81 42.81 12/14/2004 77.97 - 30.74.1260.3 LEGGETT, CHAD & CHERYL 59.30 35.29 24.01 01/05/2005 35.42 - 22.50.2428.1 LEONARD, DAMON 113.59 71.95 41.64 01/1812005 60.00 - 24.03.0386.2 LIGHTFOOT, LANCE S. 33.58 32.74 .84 02/15/2005 65.00 - 22.50.2130.1 LIKES, JENNIFER 83.02 50.44 32.58 01/18/2005 75.00 - 24.04.1442.3 LINDSAY. JOHN & KIM 39.16 21.46 17.70 12/13/2004 4.95 - 23.02.4070.4 LJ PROPERTIES LLC 33.90 15.07 18.83 12/21/2004 44.86 - 23.02.4100.2 LJ PROPERTIES, LLC 90.30 48.91 41.39 12/2112004 65.46 - 24.03.0080.3 LLOYD, JARED & AMANDA 74.34 39.05 35.29 01/07/2005 76.14 - 23.02.4520.2 LONG, JODIE 106.84 51.54 55.30 12/15/2004 86.94 " 23.02.6110.2 LOVAN, RICHARD & LAREE 84.28 44.02 40.26 01/27/2005 35.52 - 36.69.0624.1 LOWERY, JAMES C. 81.86 39.05 42.81 12/23/2004 37.25 - 22.51.1142.3 LUDWICK, MATTHEW 23.32 12.01 11.31 12/29/2004 27.99 - 30.74.3624.3 LUTHY, BRITTENY 72.71 39.05 33.66 01/26/2005 50.00 - 30.74.2320.1 LUTZ, R KELLY 96.90 50.33 46.57 01/18/2005 44.61 - 20.46.0636.3 LYLE, SARAH 68.14 39.16 28.98 12/22/2004 26.98 - 22.50.0140.2 LYNN, DEE R 162.98 73.32 44.02 12/0912004 46.00 - 25,25.0116.2 MACHO, MATTHEW & JENNIFEF 79.93 46.57 33.36 01/16/2005 57.00 - 23.01.0010.5 MADSEN, CHARLES & DEBRA 118.12 62.82 55.30 12/2312004 60.86 - 35.35.1004.2 MAHALlSKO, MIKE 123.54 42.81 39.05 12/14/2004 41.00- 20.46.0456.1 MAHATHY, ANTHONY 94.00 58.71 35.29 12/29/2004 45.59- 22.50.1686.5 MAHATHY, ANTHONY 89.48 61.71 27.77 12/14/2004 97.08 - 22.51.0862.2 MAHATHY, ANTHONY 92.66 48.64 44.02 01110/2005 80.52 - 22.51.0858,1 MAHATHY, ANTHONY 46.82 25.92 20.90 12/21/2004 23.00 - 34.34.6218.1 MALLON CONSTRUCTION 37.69 25.22 8.99 20.47.1120.2 MANNING, CLAIR 92.66 52.40 40.26 01/04/2005 53.30 - 30.74.0394.3 MANTHA, TRAVIS & APRIL 61.72 32.74 28.98 01/10/2005 41.08 - 23.02.1510.1 MANWARING, MARK 90.44 44.06 28.98 01/24/2005 10.00 - 30.74.2642.1 MANWARING, MARK 126.90 50.33 76.57 01/10/2005 57.26 - 22.51.0486.1 MARCH, RICHARD 168.92 83.62 85.30 12/15/2004 134.28 - 36.68.0276.2 MARCROFT, BOB & ELAINE 344.16 337.30 6.86 24.03.0806.4 MARCUM, CARL & JULIE 81.56 39.05 39.05 01/31/2005 40.00 - 23.02.5940.1 MARINEIIU, SHIRLEY 44.28 44.02 .26 01/11/2005 40.00 - 29.07.0900.2 MARK WOOD 100.66 54.09 46.57 01/13/2005 52.95 - 24.03.0396.2 MARKAR DESIGN 108.18 54.09 54.09 12/13/2004 142.10- 21.48.1990.2 MARKAR DESIGN & CONSTRUe 12.40 7.94 4.46 12/15/2004 1.52 - 32.32.4074.2 MARKUSON, KURT 89.38 46.57 42.81 01/18/2005 51.15 - 29.07.0236.2 MARSH, ROBERT 74.34 39.05 35.29 01/18/2005 37.09 - 35.35.1046.2 MARSHALL, GARY & BOBETTE 74.34 39.05 35.29 01/18/2005 39.02 - 23.02.2520.3 MARTIN, CRAIG 100.99 94.43 6.56 01/24/2005 100.00 - 25.25.0136.2 MARTIN, DAVID & SHERRIE 100.66 50.33 50.33 01/18/2005 82.13 - 30.74.1044.3 MARTINEZ, ROSA 39.92 36.50 3.42 22.50.2424.1 MARTS, DEBI 67.16 36.18 28.98 37.37.3032.1 MARX, BRAD & JANA 43.60 42.81 .79 23.02.2280.1 MASLEN, JENNY 93.14 42.92 32.74 02/0712005 20.00 - 22.50.3714.3 MATEESCU, ROXANA 68.50 36.97 31.53 01/1412005 70.09 - 22.50.3888.1 MAXEY, STEFFANIE 54.67 29.45 25.22 12/22/2004 27.02 - 23.02.1470.1 MAXWELL. MARGO 89.26 50.21 39.05 0111112005 31.53 - 36.69.0774.2 MAYHEW, RICK L 59.32 44.02 15.30 01/1 812005 80.00 - 30.74.2902.4 MCBAINE, DONALD 162.19 42m 76.57 12/15/2004 87.45 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Feb 15, 2005 04:48pm Current Period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Balance Non-Delinq 11f20/2004 Date Amount - - - ------.-- ------- 32.32.4606.1 MCCALLISTER, GARY 58.85 21 .46 15.21 30.30.6110.2 MCCAULEY, BRIAN 64.58 36.50 28.08 01/18/2005 60.00 - 23.23.3494.2 MCCOY. MARGI 70.58 35.29 35.29 01126/2005 36.14 - 24.04.1880.1 MCCUE, DENNIS & RHONDA 81.86 42.81 39.05 01124f2005 41.83 - 23.01.0170.2 MCCURDY, NATHAN 66.48 35.29 31.19 0111912005 84.00 - 24.03.0314.3 MCDOUGAL, MIKE 73.00 36.50 36.50 12128f2004 75.94 - 20.47.1156.2 MCGOWN, MARK & TRACI 43.90 42.92 ,98 02115/2005 35.52 - 30.74.3106.2 MCGUIRE, JOSEFH AND SARAf- 91.80 51.54 40.26 01f2712005 38.30. 22.51.3246.1 MCKAGUE, RICK 72.71 50.21 22.50 01103f2005 100.00 - 24.04.1798.2 MCKINLEY, JAMES A 55.54 27.77 27.77 12116f2004 139.76 - 23.02.4870.4 MCKINLEY, JUNE 79.36 59.06 20.30 02f14f2005 50.00 - 20.46.0558.2 MCKNIGHT, DANIEL 106.64 73.90 32.74 01119f2005 69.28 - 22.50.2126.1 MCMAHAN, BRIAN 91.84 55.34 36.50 12/2112004 67.64 - 23.02.2050.2 MCMURDIE, PAUL & SHAN ELL 103.12 62.86 40.26 01f1412005 35.84 - 23.02.3892.1 MCNALLEY, RUSSELL 81.86 42.81 39.05 12/29/2004 121.90- 22.50.2444.1 MCNITT, STEVE & TRACY 64.74 36.97 27.77 12/15/2004 61.92 - 36.36.1014.2 MCQUEEN, ALLEN 93.45 24.01 27.77 11129f2004 44.61 - 23.01.3490.4 MEEK, ANGELA 33.69 17.70 15.99 23.01.2730,1 MELLEN, ANGELA 172.54 91.61 80.93 01/19f2005 100.00. 24.03.0422.2 MENDOZA. PEDRO & EVA 111.94 61.61 50.33 01 f19/2005 51.97 - 30.74.3790.1 MERRITHEW, ROBERT 88,17 46.57 41.60 01 f18/2005 45.00 - 46.46.6331.1 MESSINA HILLS - WATER FEATl 103.44 7.40 96.04 01118/2005 106.38 - 46.46.7105.1 MESSINA VILLAGE - WATER FE, 18.28 6.42 8.38 01/18/2005 5.44 - 23.02.2030.1 MEYER, VIRGINIA 92.30 55.98 36.32 12/21/2004 61.52 - 22.50.4032.3 MICHAILOFF, ERNEST 115.70 47.66 32.74 12/21 f2004 79.00 - 30.74.3696.1 MILLER. GREGORY & ERICA 93.62 42.81 50.81 01/18f2005 50.00 - 20.46.0340.2 MILLER, MARK 80.96 51.42 29.54 01/19/2005 50.00 - 36.68.0038.2 MILLER, MATTHEW & JENNIFEf; 73.00 36.50 36.50 01 f1212005 36.50 - 22,50.2352.2 MILLER, SARAH 138.04 49.62 56.50 11/16/2004 106.88 - 20.46.0886.1 MINEGAR, JOHN 65.89 47.27 18.62 02114/2005 50.00 - 25.05.0636.2 MITCHELL, DARLA 391.1 9 09/21 f2004 209.28 - 35.64.4070.2 MITCHELL, RANDY 74.08 57.85 16.23 01/04f2005 50.00 - 36.65.3130.1 MONDRY, DAVID 48.80 47.78 1.02 01/1412005 43.00 - 24.04.0538.1 MONSON, THOMAS 150.80 64.16 86,64 12/1512004 151.14 - 22.50.3856.2 MONTGOMERY, JOSEPH & DOf: 109.56 107.91 1.65 02/01/2005 105.00 - 33.33.0001.1 MONTVUE SPINAL CLINIC 16.07 3.48 3.48 3.48 30,74.2832.1 MOONEY, KEVIN 139.08 54.09 70.33 14.66 01113f2005 22.51.4218.2 MOORE, LAWRENCE & KRISTIN 197.43 33.29 39.13 61.03 22.51.4214.2 MOORE, LAWRENCE & KRISTIN 141.91 58.12 55.30 28.49 24.04.1634.1 MOORE, RUSSELL C 257,86 21.46 21.46 20.48 100.00 - 23.01.1490.4 MOORTGAT, JAMES & JENNIFEI 193.32 168.4 7 24.85 23.01.1500.4 MOORTGAT, JAMES & JENNIFEI 68.20 59.06 9.14 37.37.3302.1 MORGAN CREEK HOMES 48.76 25.22 15.13 23.02.0150.1 MORGAN, CHARLES 84.28 44.02 40.26 24.03.0889.1 MORNING GLORY #2 HOA 31,32 27.84 22.51.3112.6 MORRIS, AMBER 67.70 37.06 30.64 01/13/2005 35.22 - 30.74.2940.1 MORRIS, SEAN 96.90 57.85 39.05 01/19/2005 50.18 - 22.50.0748.4 MORRISON. MIKE 103.12 55.34 47.78 12114/2004 26.36 - 20.47.0006.1 MORRISON, RUSSELL 153.66 110.85 42.81 01/13/2005 1D5.11 - 24.04.0500.1 MORTON, CRAIG 96.48 54.09 42.39 1211412004 27.00 - 3D.74.0022.1 MORTON, MERRILEE PARK 768.60 408.74 359.86 12/3012004 107.38 - 30.74.2666.1 MOSER, CAROLYN 119.38 46.57 72.81 12/15/2004 102.94 - 35.65.0384.1 MUCK, JIM 66.82 31.53 35.29 12123/2004 80.46 - 30.74.3216.1 MUIR, GRANT 64,36 42.81 21.55 01/18/2005 50.00 - 35.35.1208.2 MURPHY, TERRY & CAROL 69.24 36.50 32.74 01113/2005 32.74 - u, in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Feb 15, 2005 04:48pm Current Period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Balance Non-Delinq Date Amount ~--~--.~ 23.02.6660.1 MYERS, MICHAEL 103.08 55.30 47.76 30.74.3362.2 NAKAMYRA STEPHEN TRUST 130.59 44.02 61.62 24.03.0808.1 NASADOS, JAMES 115.70 57.85 57.85 01/03/2005 59,65 - 23.02.2150.1 NEAGLE, LOUIE J 111.98 63.04 48.94 01/16/2005 58.10 - 24.04.1676.2 NEEDS, KATHY 85.62 42.61 42.61 01/18/2005 91.50 - 37.37.3030.3 NEILSON, CHRIS & JILL 60.07 54.09 5.98 01/18/2005 57.85 - 36.68.0086.1 NEITZEL, KENNETH & HEIDI 157.53 65.37 42.81 11/24/2004 49.35 - 32.32.4126.2 NELSON, GREG & DEBI 43.44 42.61 .63 01/27/2005 42.18 - 24.03.0660.1 NEWHOUSE, RAYMOND & TINA 57.04 46.57 10.4 7 01/25/2005 75.00 - 25.25.4310.2 NICHOLS, MICHAEL 59.74 27.77 31.53 01/11/2005 38.45 - 22.51.0334.3 NIEHOFF, DENNIS 119.12 86.38 32.74 02/14/2005 62.65 - 30.74.0664.1 NIELSON, STEVE 61.54 51.54 10.00 02/09/2005 52.48 - 25.25.4060.2 NORLING, KYLE & SHANNON 70.30 39.D5 31.25 01/25/2005 39.00 - 22.50.2238.2 NOSALSKIY, RUSLAN 120.94 73.16 47.78 01/18/2005 69.60 - 24.04.2186.3 NYE, KEVIN & ROXENNA 99.32 51.54 47.78 12/29/2004 44.02 - 24.04.1260.2 OBENCHAIN, TERRY & ELLOND. 110.60 59.06 51.54 01/18/2005 90.26 - 24.04.1598.1 OGAN, JOHN & DAWN 120.72 75.36 45.36 01/19/2005 63.66 - 30.74.3352.2 O'LEARY, MIKE& WEBB, ERIC 133.99 46.57 42.81 11/22/2004 94.97 - 25.25.0084.1 OLIVER CLEAVER 123.08 71.54 51.54 01/19/2005 76.76 - 25.25.0086.1 OLIVER CLEAVER 83.68 58,98 24.70 01/19/2005 100.00 - 24.04.0914.1 OLSEN, H. DEAN 78.10 39.05 39.05 01/14/2005 68.07 - 23.01.1210.2 O'NEAL, GEORGE & JANET 32.80 32.74 .06 02/15/2005 28.92 - 25.25.1058.2 O'NEILL, KATHLEEN 126.10 32.74 25.22 11/23/2004 113.24 - 36.69.1298.2 OSTLUND, HAROLD 54.20 21 .46 32.74 12/14/2004 146.44 - 35.35.0063.3 OVERGAARD, JOSH & ALLYN 116.04 36.50 36.50 12/21/2004 43.04 - 22.51.3430.2 OVERTON, DAVID 54.36 07/02/2004 56.31 - 37.72.0268.1 OWEN, KENNETH 78.10 39.05 39.05 12/23/2004 70.58 - 30.74,3286.1 OWENS, GLENN & VICKIE 96.90 50.33 46.57 01/18/2005 51.28 - 24.03.0044.2 PADGETT, DAVE & CHARLENE 100.66 54.09 46.57 01/18/2005 57.69 . 30.74.0358.5 PALLISTER, J.L & CHRISTY 66.69 35.29 31.40 01/21/2005 40.00 . 22.50.1770.2 PALMER, ELDON 249.16 147.89 101.27 01/18/2005 126.93 - 25.05.0428.1 PALOMO, ALEX 39.20 39.05 .15 01/25/2005 30.00 - 36.69.0300.1 PARK, JON & TESSIA 89.38 42.81 46.57 01/25/2005 49.35 - 23.02.6710.2 PARR, RYAN 79.42 25.22 25.22 12/14/2004 88.84 - 35.64.3050.1 PARRISH, MARTIN 91.8D 44.02 47.78 12/21/2004 43.04 - 30.74.2682.4 PASSANNANTE, DAN 167.15 75.44 105.52 30.30.6204.2 PASSANNANTE, DAN & LYNCH, 63.06 31.53 31.53 01/18/2005 40.69 - 22.51.0318.3 PAULIN, BEN 51.32 30.66 2D.66 01/18/2005 25.0D - 23.02.0120.1 PEABODY, ELLA 123.02 43.84 36.32 11/24/2004 89.17 - 35.65.0346.3 PEDERSEN, DOUGLAS & KATHF 73.00 36.50 36.50 12/21/2004 39.28. 35.64.2022.3 PEL TIER, THOMAS & KERRY 108.18 46.57 61.61 01/13/2005 44.77- 30.74.2340.2 PENFIELD, BOYED & DAWN 101.98 36.50 25.22 40.26 11/16/2004 41.24 - 36.69.0452.2 PERCIFIELD, TIMOTHY & MISTY 85.62 42.81 35.29 7.52 02/01/2005 35.29 - 22.50.1352.4 PEREZ, SHANE & LONGRIDGE, 97.40 57.14 40.26 01/04/2005 42.06 - 30.30.6160.2 PERME, BONNIE 60.63 57.85 2.78 01/25/2005 47.55 - 35.35.0172.3 PERRY, DANIEL & LORI 147.23 54.09 46.57 11/30/2004 44.02 - 24.03.0066.5 PERRY, DOUGLAS & BARBARA 95.56 55.30 40,26 01/19/2005 43.96 - 24.04.1326.2 PERRY, JARED & MICHELLE 122.38 40.26 44.02 12/21/2004 47.00 - 22.51.3600.1 PERSON, SHIRLEY 89.12 46.79 42.33 12/14/2004 39.39 - 35.35.0270.2 PETRIE, DANA & STEVEN 69.24 36.50 32.74 12/15/2004 35.52 - 37.37.4182.1 PETTENGILL, RAY & DEBBIE 83.20 37.84 45.36 01/07/2005 117.02 - 36.69.0478.1 PHAKDY, SAM 100.66 54.09 46.57 01113/2005 62.88 - 30.74.3560.2 PICARD, VINCENT 54.33 22.80 31.53 12/10/2004 66.78 - 36.36.1020.1 PIERCE, ROBERT 76.58 21 .46 28.98 26.14 10/05/2004 28.88 - 22.51.4000.3 PIONEER FINANCE, LLC 274.29 38.07 41.13 46.53 09/21/2004 50.53 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Feb 15, 2005 04:48pm Current Period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Non-Delinq 10/20/2004 Date -------- 23.02.3340.1 POE, RICHARD 113.18 47.66 65.52 23.01.1020.2 PONJEVIC, SENADA 107.48 17.70 21.46 23.02.1840.2 PORTENIER, ROBERT & RACHE 103.00 55.18 47.82 01/14/2005 90.00 - 36.68.0260.1 POTTER, JERRY 107.33 50.33 57.00 11/29/2004 57.85 - 22.5D.2402.1 POWELL, RANDY 153.96 94.90 59.06 12/28/2004 64.78 - 35.35.0081.3 PRELLWITZ, BARBARA 95.44 32.74 32.74 12/14/2004 60.80 - 34.01.0058.1 PRIMARY COLORS DA YCARE 5.05 3.48 1.57 23.02.5340.2 PRIVATSKY, K, & JOHNSTON, TI 235.02 92.90 107.86 12/15/2004 100.00. 36.69.1286.1 PROHASKA, LYNN JAY 74.34 35.29 39,05 12/20/2004 34.31 - 30.74.3298.3 PYLE, PETER 106.84 40.26 66.58 12/28/2004 51 .86 - 23.01.0100.2 PYLlCAN, WOODROW A 131.29 131.29 02/18/2003 45.26 - 31.52.0302.1 R T NAHAS FURNITURE STORE. 218.66 33.31 37.07 118.73 08/26/2004 96.70 . 30.74.0902.2 RACKHAM, LARRY 47.84 24.41 23.43 01/18/2005 67.25. 24.04.1838.3 RADICAN, DONALD & CYNTHIA 73.00 36.50 36.50 01/18/2005 84.76 - 22,50.0138.5 RANSOM, JON TYLER 76.64 43.90 32.74 01/18/2005 38.30 - 30.74.3420.3 RANSOM, PATRICIA 106.84 55.30 51.54 01/21/2005 107.04 - 23.01.1050.2 RED CANYON CORPORATION 56.55 25.22 17.70 22.50.2390.2 REED, LORETTA 161.14 93.10 68.04 01/19/2005 80.00 - 30.74.0392.2 REES, ARTHUR 43.92 25.22 18.70 02/11/2005 75.00 - 37.72.0138.2 REITHER, THAX 108.18 54.09 54.09 12/14/2004 118.64 - 25.25.9896.1 RICE. ALLEN & TERESA 65.48 32,74 32.74 12/21/2004 61.72 - 37.37.3116.2 RICE, JAMES & L1ZETTE 309.32 06/30/2004 123.26 - 25.05.0720.2 RICHARDSON, HARRY & LORI 139.60 71.68 67.92 01/18/2005 69.72 - 23.02.3610.3 RICHERT, BRYAN & BARBIE 175.55 72.93 54.09 12/13/2004 51.47 - 25.05.0680.1 RILEY, KARLI 145.78 39.05 106,73 01/03/2005 48.37. 22.50.4582.1 RK RENOVATIONS 98.39 97.84 ,55 01/21/2005 2.17. 35.65.0338.2 ROBBINS, MARJORY 40.50 20.25 20.25 12/21/2004 54.58. 24.03.0848.1 ROBERTS, TODD 80.52 40.26 40.26 01114/2005 76.46 . 37.37.3852,3 ROBERTS, WILLIAM & JENNIFEF 88.04 44.02 44.02 01110/2005 43.04 - 31.57.0017.1 ROBNETT CONST. 288.16 68.66 68.66 30.74.2862.1 RODGERS, FREDRICK 78.10 39.05 39.05 01104/2005 40.24 - 32.32.4850.2 ROGAN, DIANA & KNAPP, GORe 70.14 42.81 27.33 02/14/2005 11.72 - 35.35.1222.2 ROHNBACH, DAVID 58.26 35.29 22.97 01/19/2005 50.00 - 22.51.0866.1 ROHRBACH, CHERYL 77.62 47.66 29.96 01/07/2005 35.00 - 35.35.0105.2 ROONEY, BRUCE & PAIGE 55.80 55.30 .50 01/24/2005 95.00 - 22.50.0130.1 ROSARIO, SONYA 91.68 51.42 40.26 12/30/2004 78.56 - 35.35.3D28.1 ROTTA, JOE & DARCIE 133.08 51.54 81.54 12/15/2004 300.51 - 31.52.0269.2 ROUND TABLE PIZZA 454.92 03/10/2004 13.40 - 31.52.1644.1 ROY ENTERPRISES LLC 235.08 125.06 110.02 01/07/2005 227.56 . 20.47.0074.2 RUMSEY, PHILIP & JENNIFER 101.16 57.14 44.02 01/18/2005 91.64 - 36.69.1076.1 RUPERT, DAVID & LAURIE 174.80 72.89 101.91 12/15/2004 129.00 - 23.02.3180.1 RYAN, WALTER 148.05 52.40 66.50 12/15/2004 80.00 - 22.50.0090.1 SABA, VIRGINA 181.30 97.21 84.09 01119/2005 66.67 - 24.03.0046.3 SABER, ROBERT J 64.49 50.33 14.16 01/10/2005 95.00 - 30.74.3432.2 SAGER, LEE & NADEAN 96.90 54,09 42.81 12/29/2004 85.62 . 30.74.0382.2 SCHILDHAUER, YOLANDE 96.90 61.61 35.29 01/18/2005 35.13. 23.01.1200.2 SCHIMPH, FRED 156.60 66.58 89.06 .96 01/19/2005 60.00 - 30.74.2828.3 SCHMECKPEPER, BRANDON & 114.90 36.50 40.26 38,14 12/21/2004 45.00 - 25.05.0414.3 SCOTT, EDWIN & KATHY 141.94 80.33 61.61 01/19/2005 94.18 - 24.04.2294.3 SCOTT, STEVEN & LORI 145.70 57.85 87.85 01/18/2005 100.77 - 23.01.2040.1 SEAMONS, DOUGLAS 76.76 40.26 36.50 01/04/2005 101.04 - 30.74.2718.2 SELLS, DAVID 123.69 42.81 39.05 01/12/2005 41.83 - 30.74.0090.1 SETZKE, CAROL 46.68 25.22 21.46 01/04/2005 25.22 - 35.64.2028.2 SEXTON. MARY 89.38 46.57 42.81 01/18/2005 80.33 - 23.02.4270.2 SHAFFER. RAYMOND 66.82 35.29 31.53 01/13/2005 42,65 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- cou ncil Page: 12 Standard Payment Customers Feb 15, 2005 04:48pm Current Period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Non.Delinq Date Amount -~----- 23.02.2930.1 SHARP, LEE 54.66 17.52 26.84 10/15/2004 29.31 - 30.30,6240.2 SHAW, KELLY 178.66 66.57 39.05 73.04 11/17/2004 121.19 - 35.65.0292.1 SHAW, MICHAEL 96.90 50.33 46.57 12/14/2004 82.84 - 30.74.3370.3 SHAY. PAUL & JOYCE 35.40 17.70 17.70 12/23/2004 37.16 - 30.74.3570.3 SHAY, PAUL & JOYCE 39.16 17.70 21.46 12/23/2004 38.14 - 20.46.0588.4 SHAYLOR, JAMES & MICHELLE 33.75 32.62 1.13 32.32.4162.2 SHEEHY, CHRISTINE 63.06 31.53 31.53 01/26/2005 31.53 - 36.65,3092.7 SHELLEY, RALPH & DIXIE 50.44 32.74 17.70 12/2112004 38.36 . 22,50.3694.3 SHEL TRON, ROGER 102.81 36.97 31.53 34.31 1111612004 119.33 - 22.50.1902.2 SHEL TROWN, ROGER & BONNII 98.54 23,14 21.46 37.16 23.02.2180.1 SHEPARD, DUWAIN 98.74 55.93 42.81 12115/2004 98.04 - 35.64.0064.3 SHIELD TRUSTEE SERVICES, LI 65.74 32,87 32.87 01104/2005 34.67 - 24.04.2078.1 SHILLlNGSTAD, SANDRA 50.44 25.22 25.22 12/13/2004 28.00 - 24.04.1878.3 SHIRLEY, GARRY 81.86 42.81 39.05 12/14/2004 83.98 - 30.74.3980.1 SHUMWAY, MARY 63.85 35.29 28.56 01/13/2005 42.02 - 25.09.0002.1 SHUR.LUCK HOMES 51.22 17.70 17.70 10.60 5.22 25.09.0058.1 SHUR-LUCK HOMES 73.46 17.70 17.70 17.70 20.36 25.09.0006.1 SHUR-LUCK HOMES 51.22 17.70 17.70 10.60 5.22 2403.0292.1 SHURTZ, ROD 201.52 80.41 121.11 01/03/2005 62.00 - 30.74.3096.1 SIGMOND. SERGIO 213.38 50.33 163.05 12/1 512004 158.70. 20.47.1216.2 SIMMONS, JILL 86.48 47.43 39.05 12/2112004 35.29- 24.04.1608.1 SIMPSON, GAIL 87.98 28.98 25,22 33.78 11/2912004 50.00 - 30.74.2506.3 SIMPSON, KENNETH & AMY 167.48 56.64 64.16 46.68 1210712004 40.00 - 37.37.3896.2 SISK, DONALD 66.12 52.88 13.24 02107/2005 100.00 - 37.37.3400.2 SISNEROS, LARRY 89.38 42.81 46.57 12114/2004 73.63 - 37.37.3618.2 SLENDER, LEONARD & LILLY 38.62 17.70 20.92 10114/2004 50.00 - 36.69.0920.1 SLOANE, MICHEAL 61.62 61.61 .01 01118/2005 61.60 - 30.74.1118.2 SLYTER. GORDON 175.80 47.78 128.02 01/31/2005 10.00 - 23.02.1200.1 SMART, B & K STEWART 80.40 47.66 32.74 01/18/2005 73.86 - 29.07.0914.1 SOLANO, MOBBYL YN 54.75 35.29 19.46 12/13/2004 34.63 - 32.32.4822.3 SOMAZZI, ROGER & JENNIFER 96.90 50.33 46.57 01/04/2005 45.59 - 24.03.0836,3 SOSA, JOSEPH 54.02 44.02 10.00 01/21/2005 44.02 - 24.03.0038.2 SPANGENBERG, TODD 70.92 21.46 25.22 11/18/2004 116.24 - 23.02.0180.2 SPANGLER, STEVE 98.93 07/08/2004 55.80 - 22.50.2382.2 SPARKS, BRIAN 88.90 52.40 36.50 01/1112005 54.16 - 25.05.0640.2 SPOREA, ILlJA & LAURA 84.95 24.01 20.25 40.69 11/1612004 80.87 - 30.74.2428.5 SPRONG. RICHARD 54.08 24.01 27.77 2.30 09/1 7/2004 300.00 - 46.46.7024.1 STACY CONSTRUCTION 35.40 17.70 17.70 12/14/2004 17.70 - 23.02.2170.2 STALFORD, SHANNON 71.48 39.16 32.32 01/18/2005 71.00 - 23.02.1830.2 STANSELL, KATHY 67.81 36.97 30.84 0112112005 35.00 - 23.02.1160.1 STATES, DION 134.06 63.84 40.26 29.96 1113012004 29.96 - 30.30.6334.2 STEELE, STEVEN & DEBBIE 93.66 46.57 46.57 .52 01119/2005 124.00 - 23.02.5370.3 STEPHENS, MICHAEL & JEWEL' 43.10 42.81 .29 01126/2005 35.00 - 30.30.6268.1 STETSON HOMES 40.50 20.25 20.25 12/23/2004 20.25. 30.74.2994.2 STOKESBERRY, COREY 90.98 45.49 45.49 01118/2005 83.83. 32.32.4012.3 STREET, ANN MARIE 51.78 27.77 24.01 01111/2005 11.15. 36.69.0646.1 SUDERMAN, MARK 161.74 115.17 46.57 12/13/2004 1 D8.50 - 23.02.2940.3 SUTHERLAND, RACHAEL 64.38 35.40 28.98 D1/03/2005 30.78 - 23.02.1670.1 SWENSON, MILDRED 84.48 35.22 28.80 11/24/2004 23.40 - 23.02.1730.2 T & T INC 189,96 98.74 91.22 01/14/2005 91 .22 - 36.69.0484.6 TADEVIC, TOM 183.38 87.93 95.45 01/2112005 66.35 - 22.51.3264.1 TAHOE CONSTRUCTION 147.44 19.53 45.07 7.55 75.29 08/24/2004 30.11 - 22.51.3266.1 TAHOE CONSTRUCTION 79.64 19.53 15.07 15.07 30.17 08/24/2004 18.63 - 22.51.3286.1 TAHOE CONSTRUCTION 183.24 40.29 56.35 16.83 67.77 08/24/2004 30.11 . 22.51.1158.2 TATILlAN. ROBERT & JANET 22.34 11.03 11.31 12/14/2004 20.66 - ... In Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Feb 1 5, 2005 04:49pm Current Period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Non-Delinq Date Amount -"'"---------- 35.35.1458.1 TAYLOR, DAVE 33.72 32.74 .98 01/18/2005 39.28 - 35.65.0308.3 TAYLOR, THOMAS & CATHERIN 70.24 62.81 7.43 01/14/2005 13.22 - 33.40.0002.1 T8ID-MOB1-SL,LLC 173.46 49.98 123.48 22.50.1020.1 TECO INVESTMENTS 69.90 57.14 12.76 02/10/2005 75.00 - 23.02.1190.1 TERRELL, A 151.77 119.03 32.74 01/21/2005 90.46 - 22.50.1476.1 THE DEN 150.28 81.62 68.66 12/1 6/2004 7.55 - 29.57.0104.1 THE PERFECT CUP 26.38 15.07 11.31 02/09/2005 30.14 - 23.02.2550.7 THOMAS, DREW 93.04 29.68 25.22 12/15/2004 35.15. 22.50.2110.2 THOMPSON, RHONDA 111.23 67.21 44.02 01/18/2005 59.16 - 35.35.0278.3 THOMSEN, KENT & ANN 103.08 55.30 47.78 01/13/2005 53.34 - 23.02.4D30.1 THOMSON, LEROY 65.48 32.74 32.74 12/22/2004 50.40 - 25.09.0052.1 THORNTON, DON 79.64 17.70 17.70 26.54 35.35.5026.2 THORNTON. NIKKI 62.74 62.74 01/14/2005 10.00 - 35.35.3062.2 THORNTON. SUSAN & MARK 130.74 65.37 65.37 12/14/2004 142.10 - 30.74.0800.1 THORTON-OLIVER KELLER 76.27 76.18 .09 01/28/2005 76.09 - 46.46.6246.2 THRONEBERRY, BRIAN & KATH 96.49 50.33 46.16 02/01/2005 46.00 - 23.02.5360.1 TIDWELL, ROBERT 68.74 36.5D 32.24 01/18/2005 35.00 - 37.37.5044.2 TILMANT, JOSEPH & MERLE 86.50 17.70 17.70 23.02.2200.3 TODD, RICK 67.16 38.18 28.98 01/28/2005 31.76. 30.74.2520.1 TOLAND, DAVID 97.82 31.53 27.77 12/14/2004 185.00 - 35.35.3078.4 TOMLINSON, JOSHUA 60.34 44.02 16.32 22.50.4022.3 TORGESON, MATTHEW 108.56 43.90 32.74 12/16/2004 62,76 - 33.33.9112.1 TOUCHMARK 40.50 20.25 20.25 01/26/2005 20.25 - 33,33.9114.1 TOUCHMARK 44.26 20.25 24.01 01/26/2005 24.01 - 33.33.9110.1 TOUCHMARK 40.50 20.25 20.25 01/26/2005 20.25 - 33.33.9056.1 TOUCHMARK CONSTRUCTION 59.30 31.53 27.77 01/26/2005 31.53 - 33.33.9020.1 TOUCHMARK CONSTRUCTION 66.82 35.29 31.53 01/26/2005 31.53 - 30.74.2464.1 TOWN, NEAL 104.42 54.09 50.33 12/28/2004 55.07 - 30.74.0336.3 TREPAGNIER, MARY DENISE 91.80 40.26 51.54 01/18/2005 37.48 - 20.46.0180.2 TROYER, SCOTT & LOIS 118.16 70.38 47.78 02/08/2005 44,90 - 35.35.5040.3 TRUONG, CHI 36.74 32.74 4.00 30.74.2386.2 TUPPER, PAXTON & APRIL 211.31 87.93 76.65 12/15/2004 61.43 - 24.03.0348.3 TURNER, MARCY 103.08 55.30 47.78 01/12/2005 88.04 - 46.60.0001.1 TUSCANY LAKES HOA 14.80 8.38 6.42 01/18/2005 7.40 - 22.50.1373.1 U.S. POSTAL SERVICE .46 11/24/2004 213.20 - 22.50.0088.7 ULMER, JEFFREY 38.88 21.18 17.70 01/07/2005 37.16 - 23.02.3160.1 URQUART. JASON 160.42 101.36 59.06 01/19/2005 86.28 - 30.74.2876.1 USSERY, TRACY 122,97 61.61 61.36 01/18/2005 102.00. 20.46.0638.2 VAN AMBURG, GLEN 68.14 35.40 32.74 01/27/2005 33.72. 22.51.1144.2 VANCE, JIM & DERRIEN 76.68 35.35.6022.2 VANDERLAAN, RUDOLPH & AN~ 142.02 57.85 84.17 01/03/2005 51 .48 . 23.02.2570.3 VERNON, KEN & LOUANN 66.54 31.25 35.29 01/04/2005 42.81. 22.50.4808.2 VIALET, CELESTE 60.98 33.21 27.77 01/04/2005 31.69 . 23.02.0466.1 VICK, WILLIAM & KELLY 113.42 65.64 47.78 01/18/2005 47.78. 23.02.1860.3 VICTORY, CHRISTOPHER 67.52 32.23 35.29 01/26/2005 107.50. 22.51.4350.1 VIKING INDUSTRIAL SYSTEMS 237.65 141.08 96.57 12/30/2004 109.98. 23.02.4550.1 VINCENT, TOMMY 87.20 44.02 43.18 01/1 8/2005 50.00 - 22.51.3094.2 VNUK. JOHN 33.94 33.30 .64 02/01/2005 50.00 - 23.02.1430.4 WADDOUPS, DOROTHY 43.58 29.68 13.90 01/19/2005 60.00 - 36.69.0654.2 WAGGAMAN, VAN & JULIA 50.44 17.70 32,74 12/22/2004 49.35 - 23.01.2310.2 WALKER, BETTE 109.46 61.61 47.85 02/01/2005 48.23 - 23.01.3340.1 WALSH, RON 136.52 31.52.6400.1 WALT MORROW 75.04 54.74 20.30 02/09/2005 58.01 - 36.69.1056.2 WARNER, JAMES 106.84 47.78 59.06 12/21/2004 44.02 - 20.46.4220.1 WASHINGTON TRUST BANK 586.57 184.01 402.56 12/21/2004 28.98 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- cou ncil Standard Payment Customers Current Period: 02/20/2005 No Delinquent Minimum AmountDelinquent Balance Non-Delinq last Pmt 10/20/2004 Date Page: 14 Feb 15, 2005 04:49pm 21.48.2651.1 WATER WORKS CAR WASH INC 3.48 12/14/2004 63.26 - 35.35.2356.1 WATSON, KARIN 100.66 50.33 50.33 01/1 8/2005 54.09 - 24.03.0302.2 WATTS, MELVIN & SONDEE 79.04 42.81 36.23 01/1 6/2005 45.00 - 23.02.6080.1 WEBB, GERALD 93.06 31.53 61.53 12/15/2004 106.22 - 23.01.3470.1 WEIBYE, BYRON & JANICE 103.08 55.30 47.78 01/11/2005 50.56 - 36.69.1658.1 WEIGLE, THOMAS & ANNETTE 91.80 44.02 47.78 12/28/2004 44.02 - 23.01.3300.2 WELCH, lEE 157.79 157.19 .60 01/24/2005 137.79 - 23.02.3390.1 WELKER, IDA 135.28 90.10 45.18 01/19/2005 50.74 - 23.02.3150.3 WELKER, ROGER 75.66 42.92 32.74 01/25/2005 48,76 - 23.02.0412.3 WERNER, GERALD 94.96 52.17 42.61 01/04/2005 43.63 - 24.04.2240.1 WERRIES, DARREll 48.31 39.05 9.26 01113/2005 63.55 - 36.69.2296.1 WESEMAN, DIANE 78.10 46.57 31.53 01/13/2005 54.91 - 23.01.1110.2 WEST, JONl 87.92 32.74 26.98 26.20 12/15/2004 55.22 - 23.01.1010.5 WEST, JONl & BERT 129.96 44.02 44.02 41.92 12/14/2004 100.00 - 22.50.4530.2 WEST, ROBERT & JDNI 82.88 53.38 28.98 .52 01/21/2005 106.00 - 35.35.0067.2 WHEELER, JOSHUA & HEIDI 140.52 54.09 39.05 47.38 01/04/2005 55.00 - 35.65.0360.1 WHITWEll, PAUL 98.24 49.12 49.12 12/14/2004 94.34 - 24.04.1788.3 WIEDERICH, lARRY 70.58 31.53 39.05 12/15/2004 109.16. 30.74.3060.2 WIGGINS, TOMMY & SHARON 76.76 40.26 36.50 01104/2005 40.10 - 30.74.3708.3 WilBURN, STEVEN 154.67 42.81 72.81 12/16/2004 79.63 - 25.05.0462.3 WilLIAMS, EUGENE & JENIFER 58.08 51,54 6.54 12/29/2004 41.24 - 32.32.4136.2 WilLIAMS, KOREEN 44.26 20.25 24.01 12/21/2004 37.09 - 36.69.1372.1 WilLIAMS, ROBERT 0 35.10 17.70 17.40 01/07/2005 18.00 - 36.68.0042.3 WilLIAMS, SCOTT & ANDREA 95.56 51.54 44.02 01/18/2005 84.44 - 24.04.0118.2 WilSON, LOREN 95.56 55.30 40.26 01/04/2005 47.78 - 25.25.1008.2 WilSON, MICHAEL 53.48 28.98 24.50 01/14/2005 40.00 - 29.07.0880.2 WINKLER, GREG 100.84 36.50 36,50 27.84 12/30/2004 45.00 - 22.50.2394.5 WINSKY, DAVID 103.54 43.90 36.50 23.14 12/21/2004 11.40- 30.74.0094.4 WINWOOD, RANDY & CATHlEEI 134.04 89.14 44.90 10/22/2004 120.84 - 23.01.2010.1 WISDOM, RICK S 80.52 40.26 40.26 12/16/2004 85.42 - 20.47.1204.2 WIXSON, RYAN 99.14 65.41 33.73 02/08/2005 55.00 - 25.25.1040.3 WOlDEGOBREAL. LULU 193.32 89.14 104.18 01/03/2005 59.70 - 22.51.3840.1 WOLFE, KIMBERLY 51.14 29.68 21.46 12/13/2004 24.24 . 22,5D.1666.1 WOLFE, NELLIE 46.14 10/26/2004 35.24 - 36.69.0778.1 WOOD, BRADLEY 63.06 31.53 31.53 12/22/2004 31.53 - 24.04.2244.1 WOOD, JOHN 50.85 50.33 .52 01/13/2005 46.05 - 24.04.1560.1 WOOD, JONATHAN 85.62 42.81 42.81 12/21/2004 87.58 - 35.65,0418.1 WOODWARD, JIM 104.13 50.33 53.80 01/18/2005 48.00 - 32.32.4124.2 WRIGHT, MARK 198.42 61.61 136.81 01/10/2005 46,73 - 24.03.0412.4 WYMAN,DUSTINE 89.38 46.57 42.81 01/19/2005 41.83 - 36.68.0158.1 YOKOM, TOM 142.02 65.37 76.65 01/07/2005 93.82 - 23.02.0650.2 YOUNG, AUSTIN L 188.96 55,75 55.75 11/17/2004 20.00 - 32.32.4062.2 YOUNG. DAVID & RHONDA 40.85 39.05 1.80 02/11/2005 37.25 - 46.46.6298.2 YOUNG. PAMELA 43.58 28,98 14.60 22.50.2338.2 YOUNGER, RUSSELL 117.03 46.45 35.29 12/14/2004 70.45 - 24.04.1868.2 YU, BEN & KAREN 95.56 51.54 44.02 12/14/2004 49.58 - 32.32.4752.2 ZADZORA, TIMOTHY & ROBIN 39.16 17.70 21.46 12/21/2004 38.14 - 24.04.1794.2 ZANDERS, ROGER 126.98 46.57 80.41 01/11/2005 53.43 - 22.50.3784.1 ZAVALA, JOSE 108.60 45.86 62.74 01/14/2005 62.88 - 22.51.3110.2 ZEIMER, DAllENE 83.10 51.12 31.98 01/11/2005 33.00 - ------ Grand Totals' 77,676.59 37,644.15 29,784.64 4,645.62 5,602.18 -~~~- -----~ ... in Msg column indicates no Notice is to be sent Delinquent Account List- council Standard Payment Customers Current Period: 02120/2005 No Delinquent Minimum AmounlDelinquent Balance Page: 15 Feb 15,2005 04:49pm Non-Delinq Last Pmt 10/20/2004 Date Report Criteria: Terminated cuslomers not included Customer.Cust No () " {<) 880000001 Customer.BiII Cycle:::: 1 ... in Msg column indicates no Notice is to be senl AZ 04-026 February 11, 2005 MERIDIAN CITY COUNCIL MEETING February 15, 2005 APPLICANT Erstad Thornton Architects ITEM NO. 16 REQUEST Ordinance - Request for Annexation and Zoning of 1.71 acres from RUT to C-G zones for Mountain West Bank - northeast comer of Venture Street and East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance '5,I{'?J? tl-- 0 ar Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO.~ 05" -II ~3 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Mountain West Bank commonly located on the northeast corner of the intersection of Venture Street and East Fairview A venue approximately 1/3 of a mile west of Cloverdale Road, at generally Township 3 North, Range 1 East, Boise Meridian, Section 4, Part SWI/4 SEl/4, Ada County, Meridian, Idaho, more particularly described in Attachment "A". This parcel contains 2.48 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 5033, recorded in the Office of the Ada County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 5033", and is not based on an actual field survey. A full text ofthis ordinance is available for inspection at City Hall, City of Merid~n, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~dayof k6ruaf-:J ,26M I 81 = l \ First Reading: 2 - /5 - (/ ~ Adopted after first reading by suspension ofttr 50-902: YES X NO Second Reading- - Third Reading: ORDINANCE SUMMARY - AZ 04-026 MOUNTAIN WEST BANK- Page 1 of1 EXHmIT A Legal Description (2 pages) RSUsr R:R Al\N:)C.\TIQtl PMCa OESffiIPr/(tl l.CO\TIGl: 1tW.1sHrp 3 NmH, Iw.(E I fFJ5f, OOlse kERIDlHol. SECrJal 4, PAAT S'JtsE;f, AO\ 0l..MY, Itwo. ~ SPECIFJO\U.V descrIbed as follons: BeginnIng at the Southeast corner foy SectIon 4; thllnce f\b~otn 890 5.1' U" West 1626.20 feet along the: Southerly boundary of Sectton q to the 1FJJE A)JNr a= BEGl r-N'N:i: thence I'brtiJ 890 51' 58" West 367.17 feat Illol'lg sa'd Southerly bot.n:fary to the aKfended Westerly boundary of "Venturl;t Street~" thence Nol'th 0" 87' UtI East 293.54 feet alcog the Westerly boImdary of VBtlture Street to the m<ten:>>d Southllrly bot,mcIary of Lot III, "Venture SuI:JrlJvlslon.u &ok 21. Page /10S; thehce Sooth 8go 53' 21" East (recot"ded East} 367.54 feet alorq the Southerly /XII.n:l!lry of Venture !!ubdlvlslon; thence South 00 1l4' arn West 293.51 feet to the Southerly bourdEtry Df Sectie>n 4 and the 1FJJE mINT" CF es::1N-l1 floC; Said Parcel containing 2.48 Acres ~re or less. ~ Merid.iJt.n Pcl:llio Warks D&pt. Bo1se - (208) 322-6145 Jerome - (208) 324-8824 Frot - (208) 322-0369 ~ ~~~~~~:J~ ~~~~~r.J~f~~D NAVARRO AMOUNT ,DO 5 ~~~~~~E~i~k~:61~~sr~F 1111111111I111111 [IIIII~ I11111111I1 Meridian City 1050.::.222__, CITY OF MERIDIAN ORDINANCE NO. tJ S- -1/33 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-026 AKA MOUNTAIN WEST BANK) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS AS C-G (GENERAL COMMERCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING A SUMMARY OF THE ORDINANCE; AND PROVIDING FORA WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and zoning by the City of Meridian, pursuant to Idaho 50-222, Idaho Code, Category "B" annexation. SECTION 2. That the above-described real property is, and the same is hereby and annexed and zoned as C-G (General Commercial), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING OF AZ-04-026 MOUNTAIN WEST BANK- Page 1 of3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date ofthis ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I ~~ day of n6/-k-t:V2.-&j ,2004. ,. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / :;ft day of n6rl/l-Itf-tj .2004. v STATE OF IDAHO, ) )ss. County of Ada ) - h ;2dOS On this~day of :ffhr.\.Qn.j , .2B<Pt, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) """,,,~~;I~.";,,,,,,,, ~.... ...."f. ..........+./'-,. ..."'" .. ""'.0 .. .,.~ 0:. f l ~OTA~.r\ \ a * i ..-.. i * ~ \<,p.\J>UBL\C,/ j o:.~~ ~ ;..............,,0."';..0..$ ~#.....,,~~ ~.: .~~~~"..".... -~b PUBLIC FOR IDAHO ESI GAT: fY/frltl/flJI MY OMMISSION EXPIRES: ~07 ANNEXATION AND ZONING OF AZ-04-026 MOUNTAIN WEST BANK - Page 3 of 3 EXHmIT A Legal Description (2 pages) Bolse - (208) 322-6145 Jerome - (208) 324-8824 FlU - (208) 322.0369 REQ.Err R:R ~TlCN PARJ:E!.. DESCRlPT1CN ~[CN: lWNSfUP 3 N:mH. rwa f fJ.Sr, OOISE M:RfDlAA. sa::T/QIl 4, PARr SWiSEf, AA 0l.MY. 1[WO. ~ SPECIFICAlLY described as follOllS: 8eglnnlng at the Southeast corner for SectIon lIi theoce f.b)'th 890 5," Ill" West I &2&.20 feet along the Southerly boundary of $Get/on II to the "llllJC KHNr OF Ba31N>lINJ: thence turth 6S" 51' 58" West 3fi7.n feet along said SOutherly botn:rary to the axtended Westerly boundary of "Ventura Streeti" thence Nortl1lJ" 07' T2" East 293.54 feet 1l100g the westerly boundary of Venture Street to the extenclOO Southerly bot,mdary of Ll>t HI, "Venture SuD,:llvlsion," Book 21, Page 1705; thence Scuth 8S" 53' 21" &.st (recorded East) 367.54 feet alore tho Southerly hol.ri:iary of Venture Subdivision; thence South 0" Dlj' Jln West 293.67 fQt to tile Southerly bc~ry of SectIon 4 arr;:J tlla Tfl1.e rolNr OF BB:iIN'-lII'l:;; Said Parcel containing 2.lJ8 Acres lllQre or less. ~ lIe:ridinn Pnb1ia Wt1rks Dept. ~ ~ en d Ii ~-~~ ~~ ~.: ~n II. '1+1 Gv'O<i :iJ'!yauHAO!..:J ~ _ _ __ __ _ I -I t~ ~~~ Lln:S1: :3 l\:,'to.O N ,~~'~r;: <'f-G'H"4) ~~~ .... ~ V) ~ -0; co '} I.\i ~:~ IL~~ <( !< Q ~ I N\ ~ ....... I lJ) 10 ~ c:) ~ ....<;; ~ ~ '" ~R ~~ BEFORE THE MERIDIAN CITY COUNCIL C/C February 15, 2005 IN THE MATTER OF THE APPLICATION OF BUFFALO HUMP, LLC FOR FINAL PLAT APPROVAL OF 5 COMMERCIAL BUILDING LOTS ON 7.16 ACRES IN A C-G ZONE LOCATED WEST OF MERIDIAN ROAD AND NORTH OF WEST W ALTMAN LANE IN THE SW 'l.l OF THE NE 'l.l OF T. 3N., R. 1 W., SECTION 13 CASE NO. FP-05-004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 15,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 15,2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING WALTMAN COURT SUBDIVISION LOCATED IN THE SW 'l.:I OF THE NE 'l.:I OF T. 3N., R. tW., SECTION 13, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT . FOR WALTMAN COURT SUBDIVISION / (FP-05-004) Page 1 of 4 HANDWRITTEN DATE: 01/19/05, SHEET 1 OF 2, LAND SOLUTIONS, MERIDIAN, IDAHO", BUFFALO HUMP, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 15, 2005, listing 27 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5pages, and by this reference incorporated herein, and the additional requirements from the action of the council taken at their February 15,2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stonnwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stonnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WALTMAN COURT SUBDIVISION / (FP-05-004) Page 2 of 4 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department) May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: I. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian) pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WALTMAN COURT SUBDIVISION / (FP-05-004) Page 3 of 4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, By action ofthe City Council at its regular meeting held on the \Sth day of R-brL\D.- rLj , 2005. By: ,JO}, (\ nlli\tiN.-J Dated: 3-lu.05 City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WALTMAN COURT SUBDIVISION I (FP-05-004) Page 4 of 4 MA YOR Tammy de Weerd CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell ShaUll Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 STAFF REPORT: City Council Date: Febmary IS, 2005 Transmittal Date: February 10, 2005 To: Mayor & City Council Sonya Allen, Assistant City Planner (fit ~ Bruce Freckleton, Development Services Manager ~ From: Re: Waltman Court Subdivision Request for Final Plat Approval ofPive (5) Commercial Building Lots on 7.16 Acres in a C-G Zone for Waitman Court Subdivision, by Buffalo Hump, LLC (File No. FP-05-004) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Buffalo Hump, LLC, has requested final plat approval for 5 commercial building lots on 7.16 acres in a C-G zone for WaItman Court Subdivision. The proposed subdivision is located at 420 WaItman Court, in the NE JAof Section 13, T.3N., R.IW. The submitted final plat complies with the approved preliminary plat. Staff recommends approval of the subject final plat for Waltman Court Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REOUIREMENTS I. Applicant is to meet all tenns of the approved Development Agreement, as modified by MI- 04-016, Conditional Use Pennit (CUP-04-044), and Preliminary Plat (PP-04-036) approvals for this site. Exhibit "A"' Mayor & City Council Hearing Date: February 15,2005 Page 2 of5 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfilL 3. The Landscape Plan dated 1110105 and prepared by Erickson-Civil Inc., needs to be revised as follows: a. Show the lO-ft. wide pathway along the Ten Mile Drain as asphalt. b. Fencing constructed adjacent to the multi-use pathway should be a minimum of 5-ft. from the edge of pavement, revise plan accordingly. c. A 5-ft. wide landscape strip with 1 tree per 35-linear feet is required between the pathway and the fence along the Ten Mile Drain on Lot 2, Block 2. 4. The following notes on the plat prepared by Land Solutions need to be revised or added: (2.) ".. . highest knG R seasGRal established normal5eaOOfla!- groundwater elevation." (8.) ".. .public streets and landscaoimr within the 20-foot wide Ten Mile multi-use oathwav easement shall be.. ." (10.) Modifiy note to reflect that the temporary vehicular turnaround easement is for ACHD (public) and fire trucks. (11.) Add a note similar to Note 10, for the temporary vehicular turnaround easement on Lot 3, Block 2. (12.) Add a note (or depict on the face of the plat) stating that the depicted shared driveway access to Corporate Drive is to be shared by Lots 2 and 3, Block 2. 5. Water system shall be approved and activated, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 6. Prior to signature on the final plat by the City Engineer, the barn on Lots 2 & 3, Block 2, and all other structures spanning across lot lines shall be removed. 7. The applicant shall work with the property owner to the west on a gating arrangement that will minimize the public use of the footbridge across the Ten Mile Drain while allowing the property owner to the west access to the public pathway. Evidence of this agreement shall be submitted to the Planning & Zoning Department prior to signature on the final plat by the City Engineer. 8. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian In'igation District (NMID) for the multi-use pathway along the Ten Mile Drain. The applicant shall confonn to the Parks Department's standards for construction of the pathway. The Business Owners' Association shall be responsible for maintenance of all landscaping adjacent to the pathway. 9. Applicant shall be required to connect the existing building on Lot 4, Block 2 to the municipal sewer system when it becomes available. Until such time as municipal sewer is FP-05-004 Exhibit "A" Waltman Court Sub FP.doc Mayor & City Council Hearing Date: February 15, 2005 Page 3 of 5 available, the existing septic system may be utilized. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Submit an encroachment agreement for any area of the pathway constructed outside of the boundaries of the plat. ] 1. Add "Basis of Bearing" to the face of the plat. 12. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 13. All development improvements, including sewer & water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 14. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 15. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct, or re-construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 16. Applicant shall be required to pay Public Warks development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 17. The pressurized irrigation system within this development is to be owned and maintained by the Nampa Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 18. Please submit a Final copy of the Ada County Street Name Evaluation approval letter for the subdivision and street names, and the lot and block numbering. Make any corrections necessary to conform. 19. Complete the Certificate of Owners and accompanying Acknowledgment. FP-OS-004 Exhibit "A" Waltman Court Sub FP.doc Mayor & City Council Hearing Date: February] 5, 2005 Page 4 of 5 20. Add the bearing to the tie from the CElI16 comer to the Point of Beginning. 21. The sum of the segment dimensions don't equal the overall boundary dimension (459.36') adjacent to Lot 1, Block 2. Make all necessary corrections. 22. Please add "City of Meridian" to the situate statement on the face of the plat. 23. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 24. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 25. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 26. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year stonn events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shallllot count towards the required open space area. The project engineer should pay close attention to the results of field studies detennining the groundwater, soil type & and characteristics during the design and construction phases. 27. Staffs failure to cite specific ordinance provisions or terms of the approved Development Agreement, Conditional Use Pennit, or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for nOl1- domestic purposes such as landscape inigation.) 3. Install 250-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shaH obtain an approved design and permit from the Public Works Department plior to commencing installations. FP.05-004 Exhibit "A" Waltman Court Sub FP.doc Mayor & City Council Hearing Date: February 15,2005 Page 5 of 5 4. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 5. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-OS-004 Exhibit "A" Waltman COUli Sub FP.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICA TION OF PACKARD ESTATESDEVELOPMENT,LLC FOR FINAL PLAT APPROVAL OF 55 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 2 COMMON LOTS ON 14.38 ACRES IN AN R-8 ZONE LOCATED EAST OF NORTH EAGLE ROAD AND SOUTH OF EAST US TICK ROAD IN A RESUBDIVISION OF PORTIONS OF LOTS 8 AND 9, GEORGIANNA MILK'S FIRST SUBDIVISION AND A PORTION OF THE SE % OF THE NW % OF T. 3N., R. IE., SECTION 4 C/C February 15, 2005 CASE NO. FP-05-005 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 15,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 15,2005, to the Mayor and Council, and the Council IT IS HEREBY ORDERED THAT: having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REDFEATHER ESTATES SUBDNISION NO. 61 (FP-05-005) Page 1 of 4 1. The Final Plat of "PLAT SHOWING REDFREATHE ESTATES SUBDIVISION NO. 6 LOCATED IN A RESUBDlVISION OF PORTIONS OF LOTS 8 AND 9, GEORGIANNA MILK'S FIRST SUBDIVISION AND A PORTION OF THE SE ~ OF THE NW ~ OF T. 3N., R. IE., SECTION 4, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 01/17/05, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO", PACKARD ESTATES, LLC, BOISE, IDAHO, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: date, listing 28 SITE SPECIFIC REQUIREMENTS/FINAL PLAT, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the memo from Sonya Allen, a true and correct copy of which is attached marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP a tl1le and correct copy of which is attached hereto marked Exhibit "C" and consisting of3 pages, and by this reference incorporated herein, and the additional requirements from the action of the council taken at their February 15, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REDFEATHER ESTATES SUBDIVISION NO.6 / (FP-05-005) Page 2 of 4 The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stonnwater disposal and design a stonnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR REDFEATHER ESTATES SUBDIVISION NO. 61 (FP-OS-OOS) Page 3 of 4 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the \ '5 tv day of f~bV\lfl.Alj ,2005. By:, 1(11 fA M -k Q lfY'.... City Clerk's Office Dated: 3-ILD-D? ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR REDFEA THER ESTATES SUBDIVISION NO.6 / (FP-OS-OOS) Page 4 of 4 MAYOR Tammy de Weerd CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaull Wardle Charles M, Rountree LEGAL DEPARTMENT (208) 466-9272 ~ FAX 466-4405 STAFF REPORT: Hearing Date: February 15,2005 Transmittal Date: February 10, 2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner Bruce Freckleton, Development Services Manager ~ Re: Redfeather Estates Subdivision No.6 Request for Final Plat Approval of Fifty-five (55) Single-Family Residential Building Lots and Two (2) Common Lots on 14.38 Acres in an R-8 Zone for Redfeather Estates Subdivision No.6, by Packard Estates Development, LLC (File No. FP-05-005). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Packard Estates Development, LLC, has applied for Final Plat approval of 55 single-family residential building lots and 2 common lots on 14.38 acres of land for Redfeather Estates Subdivision No.6. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This phase of the Redfeather Development has a gross density of 3.82 d.u./acre and a net density of 5.06 d.u./acre. The two common area lots within this subdivision consist of open space, storm drainage, and a pathway lot. Said common area lots will be owned and maintained by the Homeowner's Association. The pressurized irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. Phase six consists of a portion of the Redfeather Estates Subdivision No.2 preliminary plat and all of the Redfeather Village Subdivision preliminary plat. This phase is a resubdivision of portions of Lots 8 and 9, Georgianna Milk's First Subdivision. FP.DS-OOS Exhibit "A" Redfeather Estates Sub6. FP.doc Mayor & City Council Hearing Date: February 9, 2005 Page 2 of 5 A Conditional Use Permit was approved as part of the Redfeather Estates Subdivision No.2 that allowed for reductions to the minimum requirements for the R-8 zone for the following: lot size (from 6,500 s.f. to 5,250 s.f. - detached), street frontage (from 65-feet to 37-feet & cul-de-sac from 40-feet to 33-feet), and house size (from 1,301 s.f. to 1,200 s.t.). Lots 1-7, Block 22, and lots 33-45, Block 5, meet the minimum lot size and street frontage requirement of the R-8 zone, as required with the approval of Redfeather Village Subdivision. The open space that was originally approved in Block 22 was eliminated and the open space on Lot 49, Block 17 was increased, resulting in an overall increase in open space of 4,475 s.f. Staff has no objection to this change. Redfeather Estates Subdivision No.6 is located approximately 1h mile east of N. Eagle Road and lh mie south of E. Ustick Road, in the N Vz ot Section 4, T.3N., R.IE. The submitted final plat substantially complies with the approved preliminary plats. Staff recommends approval of the final plat with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Development Agreements (Inst. #104129528 & #104129529), Annexations (AZ-03-02l & AZ-04-022), Preliminary Plats (PP-03-024 & PP-04-029), and Conditional Use Pennit (CUP-03-041) approved for this development. 2. The pressurized irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Said backup is being supplied by a single point connection within the earlier phases. 3. Sanitary sewer service to this subdivision shall be via an extension from the South Slough Trunk. The applicant will be responsible to construct the sewer mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. 4. Municipal water to this site shall be via extensions from existing mains in E. Ustick Road, and N. Eagle Road. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties within the City of Meridian's Urban Services Planning Area. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. FP-05-005 Exhibit "A" Redfeather Estates Sub6. FP.doc Mayor & City Council Hearing Date: February 9,2005 Page 3 of5 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 OO-year storm event. 7. Temporary construction fencing to contain debris shall be installed along the eastern and western boundaries of this phase unless permanent fencing already exists at these boundaries. All fencing shall be in compliance with MCC 12-4-10. 8. A License Agreement will be required by ACHD for landscaping within the storm drainage easements. If ACHD requires that any trees be relocated, a revised landscape plan must be approved by the Planning & Zoning Department. 9. Prior to signature of the final plat by the City Engineer, all existing structures on Lots 33 - 37, Block 5, shall be removed. 10. Add or revise the following plat notes: (5.) Add a sentence to the end of the note stating "All building setbacks and dimensional standards for Lots 33-45, Block 5, and Lots 1-7, Block 22, shall be in compliance with the applicable zoning regulations of the City of Meridian." (8.) Eaeh siBgle famil) stn:letHfe shall 6GBtaia a miniffil;:I:H'i Elf 1,2Q0 sE]l.:lare feet, e"e!l.:laiBg; garage. (8.) Include recorded Instrument number of sanitary sewer easement. (13.) Add Development Agreement Inst. No. 104129529. (14.) Modify note by stating who is to be responsible for maintenance of the common driveway. 11. Revise the Landscape Plan (dated 1-17-05, prepared by Harvest Design) as follows: a. Rock sump inlet shown in the drainage swale on Lot 49 may not exceed 5-ft. in any horizontal dimension per MCC 12-13-14-2, revise plan to reflect this requirement. 12. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FP-05-005 Exhibit "A" Redfeather Estates Sub6. FP.doc Mayor & City Council Hearing Date: February 9,2005 Page 4 of 5 Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and pennit from the Public Works Department prior commencing installations. 14. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 16. Coordinate fire hydrant placement with the City of Meridian's Deputy Fire Chief and the Public Works Department. 17. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12- 13-10-8. 18. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 19. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 20. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with wlitten approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 21. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 22. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 23. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressUlized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 24. Please submit all updated groundwater/soils monitoring data to the Public Works FP-05-005 Exhibit "A" Redfcather Estates Sub6_ FP.doc Mayor & City Council Hearing Date: February 9,2005 Page 5 of5 Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year stonn events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 25. Developer shall coordinate mailbox locations with the Meridian Post Office. 26. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 27. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 28. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat, or conditional use permit does not relieve Applicant of responsibility for compliance. RECOMMENDATION Staff recommends approval of the final plat for Redfeather Estates Subdivision No.6 with the above stated comments and conditions. FP-OS-OOS Exhibit "A" Redfeather Estates Sub6. FP.doc MEMORANDUM TO: MAYOR&CITYCOUNCa FROM: SONYA ALLRN SUBJECT: . REDFEATJIER ESTATES SUBDIVISION NO.6 (FP-05-005) DATE: 2/15/2005 CC: CITY CLERK, BECKI BOWCUTr Please note the following revisions to the staff report for Redfeather Estates Subdivision No.6: lit Delete Site Specific Requirement No.8 (A License Agreement is not required for landscaping within the storm drainage area, as the master perpetual storm water drainage agreement covers this). . Delete Site Specitlc Requirement No. 10. (13.) (fllis Development Agreement only applies to the commercial portion not being platted at this time). · Revise Site Spccitlc Requirement No. l1.a. to read, "If rock sump exceeds 5-f1. in any horizontal dimension, the rockf cobble must be designed as a dry creek bed fashion or other design feature. Revise plan accordingly." . Revise Site Specific Comment #20 as follows, "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided with the exception of the southernmost ditch which will remain open to <lllo\\' flood-irrig;ttion of the adiacent properties shall be tiled..." Exhihit "[3" BRIGGS E'fJINEERlNGff Inc. ENGINEERS I PLANNERS (SURVEYORS February 22, 2005. Mayor and City Council 33 East Idaho St. Meridian, Idaho 83642 RE: Requestfor modification to staffrecommendationsfor Messina Hills #3 Dear Mayor and City Council: After reviewing the Staff Report for our hearing tonight I would like to make two comments: First item: Under heading of Special Consideration for City Council staffhas stated a concern that 2:1 slope maybe too steep of a bank for the pond design. Due a concern that a child may have a problem climbing out of a 2: I slope if they fell in. ISP.W.c, Sl-Gll lWlIlOO: a~7::~AJ:~,lt C!pn(lYPf;I;SOlLO!MIll,TIl'ED&IIl ~) TYPICAL POND SECTION A-A IllS The Developer also has no desire for the ponds to be a hazard. Therefore we have designed the ponds to be one-foot feet from any edge of the pond before the 2:] slope begins. This is the same design used on many other ponds through out the valley. The design allows for the possibly that if someone were to fell into a pond they would be in one foot to three deep in water for the first eight feet of the pond and would be able to get out. The developerwilI also is installing si!:,l11s stating, "No swimming or wading is allowed in the ponds" In summarv from reviewin2 other ponds desi2ns in the vallev we find 2:1 slopes area have been used. I believe the issue before the Citv Council is how far from the edcye of the Dond before the 2:1 slope herrins. We believe we are comnarable with other ponds in Meridian. I will be available to discuss this item with the Citv Council. 40301-Clarificmion.ltr Exh!bll "B" BRIGGS ENGINEt:o..cING, INC. 1800 W. Overland Road "'daise, Idaho 83705 - (20B) 344-9700 Second Item is Condition #5 under SITE SPECIFIC COMMENTS /FINAL PLAT Condition number five states: " Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. " The Developer is requesting the City Council approval to allow Briggs Engineering to submit for a Zoning Certificate and allow a build permit for Club House and pool only. These improvements would take place with the street improvements and prior to recording the final plat. We would build the non-combustible elements of the Clubhouse and pool with are other development improvements to a point when we can comply with the access and water requirements of the Fire Dept. At that point we would begin the frami~the ClUbhouse, I would therefore request the following modification to proposed condition #5: 5. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for residential building permits. Sincerely, KB\ Exhibit "B" LLP February 11,2005 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Rcdfcathm' Estates Subdivision No.6 File No.FP~05-005 Dear Mayor and Council: We have reviewed the recommendations for the City Councilmccting of February 15,2005, and have the following responses; 1. The applicant wiII comply, 2, The applicant will comply. United Water will provide the second source based on the fact that the NMID regional pump station is loented withil1 Boise City limits. J. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. casement, 3S (instrument No. of License agreelllletlts are only necessary YlihCiH hmdscnpiug is placed 'within Mayor and City Council February I 1, 2005 Page 2 9, The buildings have already been removed. 10. The applicant will revise the notes, with the exception of the suggested (13.) The Instrument Numbcr requested by staffto be put on thc plat refers only to the Bryson and Schrammeck properties., which al'e zoned C-G and al'c not a part of this plat. Pleasc dclete this condition. 11. The inlcts require riprap in excess of fiye fect so that the incoming storm water \viIJ not dctel"iorate the grassy areas. We respectfully request that tbe drainage swale design be approved as shown, particularly since the additional common area square footage exceeds the additional riprap area. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. 17, The applicant will comply. 18. The applicant will comply. 19, The applicant will comply. 20. The applicant will comply, with the exception of the sOlltbcmmost ditch. During the pu blic hearing process, it ,vas agreed that the ditch would remain open to allow flood-irrigation of the adjacent properties., with the fence line offset to accommodate the ditch. 21. The applicant wi II comply. 22. The applicant will comply. 23. The applicant will comply. 24. The applicant will comply. 25. The applicant will comply. 26. The applicant will comply. 27. The applicant will comply. C:'DoCUmtnb and Selllilg'.'gremhLoeal S"llUlg,"Tcmpor"fY Int'tl1.,<:; File:,;,c)LK ISS'IkcsR6pOfisc.d",; Exhibit "en l'viayor and February] I. Page 3 28. Noted. We appreciate staff's review of our project. We respectfully request approval of the application for final plat. Thank you. Sincerely, Engincedng Sojutions~ LLP Becky McKay, Partner Project Manager BM;ss cc: Mr. R. Craig Groves Exhibit "C" ** TX CDNF I RMRTI ON REPORT ** RS OF FEB 11 ' 05 17: 08 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE M I N/SEC PGS CMDJ:I STATUS 06 02/11 16: 22 3810160 G3--S 02' 38" 003 066 INC 07 02/11 16: 26 PUBLIC WORKS EC --S 01' 03" 004 066 OK 08 02/11 16: 28 2084664405 EC--5 01 ' 04" 004 066 OK 09 02/11 16:29 8841159 EC--S 01' 04" 004 066 OK 10 02/11 16: 31 2088840744 EC --S 01' 07" 004 066 OK 11 02/11 16: 32 POLICE DEPT EC--S 01'04" 004 066 OK 12 02/11 16: 34 8985501 EC--S 01' 02" 004 066 OK 13 02/11 16: 35 LI BRRRY EC--S 01' 22" 004 066 OK 14 02/11 16: 37 92083776449 EC --S 01 '04" 004 066 OK 15 02/11 16: 39 3886924 EC --S 01' 03" 004 066 OK 16 02/11 16: 40 P-AND-Z EC --S 01' 03" 004 066 OK 17 02/11 16:42 RLL RMERICRN INS EC--S 01' 04" 004 066 OK 18 02/11 16: 44 208 895 0390 EC--5 01' 04" 004 066 OK 19 02/11 16: 45 128300040 G3--5 01 '25" 004 066 OK 20 02/11 16: 47 208 387 6393 EC--S 01' 04" 004 066 OK 21 02/11 16: 49 ADA CTY DEUELMT EC --S 01' 12" 004 066 OK 22 02/11 16: 51 8885052 EC--S 01 ' 03" 004 066 OK 23 02/11 16: 52 CHERRY LRNE G3--S 02' 22" 004 066 OK 24 02/11 16: 55 IDAHO ATHLETIC C EC --S 01'08" 004 066 OK 25 02/11 16: 57 ID PRESS TR I BUNE EC--5 01' 13" 004 066 OK 26 02/11 16: 59 2088886701 EC --S 01' 08" 004 066 OK 27 02/11 17: 08 UALLEY T I ME5 ----S 00'00" 003 066 BUSY TH I S DOCUMENT IS 5T I LL I N MEMORY .....-----....---------.....--....-------------.....----......---------------------.....----------------......--""----.....--.....------ ~~ VDSttcw !Jtlblit/ fJofiLe.-1nCiVJk:0~ CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, February 15,2005 at 7:00 p.m. City Council Chambers 1. RoJl-call Attendance: - Shaun Wardle _ Christine Donnell - Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Robert Cutler, with Christ Lutheran Church: 4. Adoption of the Aaenda: ~ llf"{, r ost ~ P lib[ i c/ iJ ok' '-& -7001 }(.c ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 15, 2005 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: Shaun Wardle Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Robert Cutler, with Christ Lutheran Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 18, 2005 Regular City Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: C. Findings of Fact and Conclusions of Law for Approval: VAR 04- 007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new sign age for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boise Valley Commons, LLC - 2200 East Overland Road: E. Subscriber Aareement with Public Safetv Testina. Inc. for the Meridian Fire Department: Meridian City Council Agenda - February 15,2005 Page 101'4 All materials presented at public meetings shall become property orthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Agreement with Carollo Engineers for the Centrate Eaualization Tank Construction Manaaement Services: G. License Agreement with the Nampa and Meridian Irrigation District for the Franklin Road Waterline Extension: H. License Agreement with the Nampa and Meridian Irrigation District for the Black Cat Pressure Sewer: Memorandum of Understanding between the City of Meridian and the Idaho State Historical Society for uReimbursable" Grant: J. Amendment for Professional Services Aareement with Diane Kushlan: K. Agreement with JUB Engineers, Inc. for the Support Services for Existina Model Update: L. Resolution No. Establishina Mayor's Youth Advisory Council and Adopting the By-Laws of the Mayor's Youth Advisory Council: M. Resolution No. Schedule for Water and Sewer Users: Adoption of Fee N. Resolution No. Fees: Parks and Recreation O. Well #27 Lot Purchase Aareement with Cherry Lane Christian Church: P. Award Bid for Well #27 Test Well to Treasure Valley Drillina: Q Development Agreement: AZ 04~026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone 'for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: R. Approve New Liquor License and Beer Transfer for Kahootz Steak & Alehouse - 1603 East Main Street: 6. Department Reports: Meridian City Council Agenda - February 15,2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documcnts and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Police Department - Captain John Overton 1. Approve Liauor License for Eddv's at 501 South Main Street: 7. (Items Moved from Consent Agenda) 8. RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: 9. FP 05-004 Request for Final Plat approval of 5 commercial building lots on 7.16 acres in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - west of Meridian Road and north of West Waltman Lane: 10. FP 05-005 Request for Final Plat approval of 55 single-family residential building lots and 2 common lots on 14.38 acres in an R-8 zone for Redfeather Estates Subdivision No.6 by Packard Estates Development, LLC - east of North Eagle Road and south of East Ustick Road: 11. Public Hearing: CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed- Use Regional for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: 12. Public Hearing: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: 13. Public Hearing: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: 14. Public Hearing: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: 15. Water, Sewer and Trash Delinquencies: 16. Ordinance No. AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain Meridian City Council Agenda - February 15,2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Meridian City Council Agenda - February 15,2005 Page 4 or 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN DATE TIME TO/FROM MODE M!WSEC PGS CMOIl STATUS 18 02/1521:163810160 EC--S 01'54" 004 099 OK 19 02/1521:18 PUBLIC WORKS EC--S 131'139" 13134 099 OK 213 02/1521'208841159 EC--S 01'138" 0134 099 OK 21 132/15 21: 21 2088840744 EC--S (31' 11" 13(34 099 OK 22 02/1521:23 POLICE DEPT EC--S 01'1218" 121134 099 OK 23 02/1521:258985501 EC--S 1211'07" 004 099 OK 24 02/1521:26 LIBRARY EC--S 131'28" 004 099 OK 25 02/1521:2892083776449 EC--S 01'137" 0134 099 OK 26 02/15 21: 313 3886924 EC--S 131' 07" 004 1399 OK 27 132/1521:31 P-AND-Z EC--S 01'00" 0134 1399 OK 28 132/15 21: 33 208 895 0390 EC--S (31' 07" 1304 1399 OK 29 1:32/15 21: 35 21:38 387 6393 EC--S 131' 07" 0134 099 OK 30 02/1S 21: 36 ADA CTY DEVELMT EC--S 01' 07" 004 099 OK 31 02/1521'388885052 EC--S 01'137" 004 099 OK ---_:=--~=~:=-=:~~~-~~~~-~~~:~~:_:_----_::==:_-~:~~~~-~~~-----~=----~~----------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 15, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: --.k.. Shaun Wardle ~ Christine Donnell -L Charlie Rountree -L Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: .r~- M'w 3. Community Invocation by Pastor Robert Cutler, with Christ Lutheran Church: 4. Adoption of the Agenda: ~~lr<.. a.,f d;n eu.-u.v 5. Consent Agenda: A. Approve Minutes of January 18, 2005 Regular City Council Meeting: ~I/'<...; 8. Findings of Fact and Conclusions of Law for Approval: AZ. 04- 029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: dl'J1=~ C. Findings of Fact and Conclusions of Law for Approval: VAR 04. 007 Request for a Variance to the Sign Ordinance for sign height, reader board area. direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW. LLC - 2400 East Overland Road: 1f>J?H'~rM-- D. Findings of Fact and Conclusions of Law for Approval: PP 04. 042 Request for Preliminary Plat approval of 18 commercial building Jots on 33.1 acres in a C-G zone for Boise Val~ Commons by Boise Valfey Commons, LLC - 2200 East Overland Road: Af'1h'OVI-C.- E. Subscriber Aareement with Public Safetv Testina Inc. for the Meridian Fire DeDartment: ~c,-..c.. McridfonCllYConn,il Ag<nd.o- "b.,,",y 15.2M5 Pugt [01"4 AIII1I:o.'1~;Oills prest;nlccll1l publio:: IncC'{jl\ts sh.JU ber:nme property I}fthc CIiC)-' of Ml;'lic.li:llf M)'tln: dc:slfine ::u:cornmn.:blion Cordi!l-Ubllirjes :rel,ud In dil.cU'111(tnt~ .Jntlr'M hC./lrill~s pk"';';:C'C(H'lL"'r~r Ole' City el~r~':s OIlie-':-:1[ .!!:gS-44J3 iJllrosr 'IS !Il)UD; pnnrtn rh~ public:: 'ft"tinC. ** TX CONF [R~IH rr ON REPORT ** FlS OF FEB 15 21: 45 PFlGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:! STATUS 01 02/15 21:41 ID PRESS TRIBUNE EC--S 01'09" 004 099 OK ----~=---~:~==-=:~~=-=~~~~~~~~:_----------_::===---~=~~~~-~~~-----~~~----~~----------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 15,2005 at 7;00 p.m. City Council Chambers 1. Rolkall Attendance: ---.k.... Shaun Wardle ~ Christine Donnell -L Charlie Rountree -L Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: .,r~' ..H7"w 3. Community Invocation by Pastor Robert Cutler, with Christ Lutheran Church; 4. Adoption of the Agenda: ~1"91r<.. 4,f 4hte--..t.<.40 5. Consent Agenda; A. Approve Minutes of January 18, 2005 Regular City Council Meeting: ~II'C..-- B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: d~r-<<,..t C. Findings of fact and Conclusions of law for Approval: VAR 04. 007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by landstar NW, lLC - 2400 East Overland Road: ~''.M.- D. Findings of Fact and Conclusions of Law for Approval: PP 04- 042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a G-G zone for Boise Valle\! Commons by Boise Valley Commons, LLC - 2200 East Overland Roa d: a f'IlJ'"N v1-<-- E. Subscriber Aareement with Public Safetv Testina Inc. for the Meridian Fire DeDartment: ~v.<.-- lI1C1idian CitYColllleil ^!:cndo - Fc!)ru~,y 15. 200S Pngt: J of4 Alllll~lcl1als prc<cnlcd ~l public II1CC1iIl[!S shilll beeome property oflhe City of McridillO Anyone deSiring ~ecomn'n~sIiOJl for clisooilirics relJlccl In dOCIIlllCIllS lind/or hcaril\t!s pl<'""'e con~'Cllhc City C:lcr~'s Orriee at SB8-443! ~t lcosl .}S hau", priOri'" Ihe jlubhc ,ncclinu.