HomeMy WebLinkAbout2004-08-17
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CITY OF MERIDIAN
PREoMCOUNCIL MEETING
AGENDA
Tuesday, August 17,2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
>< Shaun Wardle )( Bill Nary
~ Charlie Rountree ~ Keith Bird
~ Mayor Tammy de Weerd
Adoption of the Agenda: appro V'-(.,
2.
3.
Executive Session per Idaho State Code 67-2345(1)(f):
/L'p &c/u ~
Discussion of Plumbina Code Ordinance:
,///4l-"- g7L /Lt.~~ C(c. a, ~
DiscuS$ion of proposeCl amendments to the hearina procedure
ordinance referencina Resolution No. 206:
reYJ'er/.f Ct9Jn.~ ~ pf Z- C~W't- /tt1VtrF'~
Discussion of Abatement of Danaerous Buildinas Amended
Ordinance: tJliLGG ~ ere a
Property Tax Appeal:
vi /J uc,rr, ~
4.
5.
6.
7.
It Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - August 17. 2004 Page 1 of 1
AU materials presented at public meetings shall become property of the City of Meridian.
Anyone deslnng accommodation for disabilities related to documents and/or hearings
please contact the City Clerkls Office at 888-4433 at least 48 hours prior to the pUblic meeting.
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September 10,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
September 14, 2004
ITEM NO.
5-8
REQUEST Approve Minutes of August 17, 2004 Pre-Council Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
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:
OTH ER:
~
Contacfed:
EmaHed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridlan~
('.-....
(~,......:.
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, August 17,2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle X Bill Nary
X Charlie Rountree 0 Keith Bird
X Mayor Tammy de Weerd
2. Adoption of the Agenda: Approve
3. Executive Session per Idaho State Code 67~2345(1 )(f): No Decision
4. Discussion of Plumbina Code Ordinance: Place on Regular City
Council Agenda
5. Discussion of proposed amendments to the hearina procedure
ordinance referencina Resolution No. 206: Review Comments from
Planning and Zoning Commission
6. Discussion of Abatement of Danaerous Buildinas Amended
Ordinance: Place on City Council Agenda
7. Property Tax Appeal: Discussion
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - August 17,2004 Page 1 of 1
AU materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabHities related to documents and/or hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
(/'
Meridian City Pre-Council Meetina
Auaust17, 2004
The Meridian City Pre-Council meeting was called to order at 5:30 P.M. on
TuesdaYJ August 17, 2004 by Mayor Tammy de Weerd4
Members Present: Mayor Tammy de Weerd, Bill Nary, Shaun Wardle and
Charlie Rountree4
Staff Present: Brad Watson, Bill Nichols, and Will Berg.
Item 1.
Roll-call Attendance:
X Bill Nary 0 Keith Bird
X Shaun Wardle X Charlie Rountree
X Mayor Tammy de Weerd
Item 2.
Adoption of the Agenda:
Wardle: Mr. President.
Nary: Mr. Wardle.
Wardle: I move we adopt the agenda as published.
Rountree: Second~
Nary: It's been moved and seconded to adopt the agenda as published. All
those in favorJ say aye.
ALL AYES. MOTION CARRIED.
Item 3.
Executive Session per Idaho State Code 67-2345(1)(f):
Wardle: Mr. President.
Nary: Mr~ Wardle.
Wardle: I move that we move into Executive Session per Idaho State Code 67-
2345( 1 )(f).
Rountree: Second.
Nary: It's been moved and seconded to move into Executive Session~ Mr~ Berg,
will you call roll, please.
Berg: Thank you Mr. President, members of the Council.
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Meridian Crty pre-CouncilI\IJ'vc:ting
August 17, 2004
Page 2 of 12
Roll Call: Wardle, aye; Rountree, aye; Nary, aye; Bird is absent.
Rountree: I move that we come out of Executive Session.
Wardle: Second.
Nary: It's been moved and seconded to leave Executive Session. All those in
favor say aye.
ALL AYES. MOTION CARRIED.
Item 4.
Discussion of Plumbina Code Ordinance:
Nary: Mr~ Nicholsl did you have any input? I think it was just for us to review and
see if there was anything that we needed to do before we put it on the agenda.
Nichols: Mr. President.
Nary: Mr. Nichols.
Nichols: Mr. President, members of the Council we had drafted some - at the
request of Public Works Directors proposed amendments to the city's adoption of
the Plumbing Code and I think that we finally got them in shape with - the Public
Works Director has approved these so I would view this as a housekeeping
matterJ primarily~ I don't think it really changes much in the way of substance, it
just does clarify some of the requirements and cites a specific code that the state
is using in it's -
Nary: Council, any questions or concerns, if not we can put it on next week's
agenda?
Rountree: I would concur with Bill and I don't have any concerns with it.
Nary: All right, we will do that.
Item 5.
Discussion of proposed amendments to the hearina procedure
ordinance referencina Resolution No.. 206:
Canning: President Nary, members of the Council and Mayor the amendment
that you received in your packet was my first attempt at whereas clausesl those
were fun and in the actual resolution, the exhibit and the exhibit really just
codified the provisions that we had talked about at your last joint meeting with the
Planning and Zoning Commission. When I had raised those issues, I had not
tied it back to resolution 206, so what I did is I went back to that document that
had already been adopted and made the changes that were necessary. Mr.
Nichols reviewed it as did Mr. Nary and I think it got everything that we were
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Meridian City Pre-CouncillVlt#cting
August17~ 2004
Page 3 of 12
Jooking for just to run over some of them. In Section 1 there it just makes it clear
that these also apply to the Planning and Zoning Commission~ In Section 2, the
only thing that was really changed was the length of time that people could speak
and then we added a rebuttal time. In Section 3, just change it so all exhibits
would be marked by the City Clerk and there is a second Section 3 there that
should be Section 4. I just noticed that today and that's where the City Council
and the City Council only has the ability to do an abbreviated hearing agenda
and we talked about this at some length last January or February, I forget exactly
when that was. But, that set forward the criteria by which you could do an
abbreviated agenda and the one item that you had asked be added was to
question the Clerk regarding additional written testimony to add to the record.
Then just a general question of whether or not one of the Council members or
Mayor objected to the item being placed on the abbreviated hearing agenda~ So,
I think we got all your concerns there and then from that point forward it sticks to
resolution 206. SOl those were the only changes that I found that were
necessary~ Once we get this done, I will redo all the kind of informational
handouts that I had provided to you last time. I think we went over those in a fair
amount of detail, so I did not get those back to you this time, but I can make
those changes so it's consistent with the adopted ordinance and we'll start
getting that into the hearing material along with the timer.
Nary: Council is there any questions? The only one I had, Anna was this
obviously has been discussed with the Planning and Zoning Commission; did the
Commission have any particular concerns on the structure?
Canning: President Nary the only time it was discussed with the Planning
Commission was at the joint meeting you had and I think in all honesty it - I don't
think they felt like it applied - I know that one of them spoke to me and said well
these are just guidelinesl we can do what we want. This is why we are-
Nary: This is maybe why we probably are having it, but I guess I my only
concern was is that simply passing an ordinance next week. so that at their next
meeting, they are told by the way here are the new rules, might seem a little
onerous if you are on the Commission~ I guess I wanted to be sure they had an
opportunity to come in and comment to us if they felt somehow that wouldnJt
have worked or why they don't think that that should apply to them and I guess
that would be my only concern is making sure they are aware and have an
opportunity~ Now, I donJt know whether or not that means if you would call - I
think there was a meeting this week, isn't there on Thursday?
Canning: Yes, there is and I could show those to them. We'd been talking about
it as coming up and something that they need to be aware of and I think that
most of them recognize that it)s out there and I think they are willing to do kind of
what they are told to do - maybe that's not the best approach, though, so I can
raise it with them on Thursday~
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Meridian Cjty Pre-Council J\h"t:dting
August 17t 2004
Page 4 of 12
Nary: Maybe if you wouldn't mind doing that and what I would suggest, Council,
unless you would like to do it different is that maybe what Ms. Canning could
communicate to them is that we have considered it, we have discussed this
proposed procedural changes, which will apply to the Commission as well as to
Council and that we are going to put it onto our agenda on our first meeting in
September~ So, that would give them some time to digest that and not feel like
here we are going to tell you Thursday and next Tuesday all the rules change,
but that we will put it on our first meeting in September and if they wanted to
have some comment they'd have some opportunity to comment to us about it.
Whether they want to come to the meeting or give it to us ahead of time in writing
or something else, but that way it at least felt like they had some opportunity to
comment about it.
.r
{
l.. .
Canning: I will do that and one issue that has come up since then that I don't
know if you want to codify it or not, there has been some discussion about man I
don't think I have ever heard this room this noisYI it must really be raining out
there.
Nary: It is pouring out there.
Canning: Lefs see, I had a train of thought going~ The question of whether or
who should be responsible for physically doing the timing of the applicants. Do
we want to tag the ClerkJs Office with that in ordinance or do you just kind of want
to do it as policy?
Rountree: Policy.
Nary: An ordinance seems like over kill to do that, but it seems to make the most
sense to me and I guess the rest could commentJ but the Clerk's Office would be
the ones at least with the timer because I assume there is a control with this new
timing system - the control I am assuming is someone has to set it and start it
and all that kind of stuff and I would assume it would probably be the Clerk. That
would be the most efficient to do it.
De Weerd: Because when the red light goes off the trap door opens and you
would have way too much fun with that.
Nary: But, yeahl putting that in an ordinance seems a little onerous; I mean that
seems a little overkill.
Canning: Then if I could just ask the Clerk can I get that - can you change the
agenda for the P&Z to add a discussion item for me?
Nary: For Thursday~
Canning: For Thursday night.
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Meridian City Pre-Council Mtjdting
August 17, 2004
Page 5 of 12
Nary: Timing-wise, Council, is that all right? I just wanted to make sure they had
an opportunity to tell us why that's not a good idea if they think it's not Okay.
Nichols: Mr. President.
Nary: Mr. Nichols.
Nichols: Mr. President, members of the Council just to clarify - I don't really think
it's an ordinance, I think it's just a resolution adopting procedures. So, it could be
easily inserted into the resolution or could be just simply - this is Will's clock and
nobody but the Clerk's Office gets to touch it.
De Weerd: Mr. President
Nary: Madame Mayor.
De Weerd: I think it would be best if you clarify the keeper of the clock, since it is
a resolution it takes the guesswork out of it and I will tell you it's only because of
experience that Anna or myself are even offering the suggestion.
Nary: So, what you are suggesting, maybe, is that the section on time limits
would have a 3.17 that would indicate that all timing would be done by the Clerk
- city clerk or designee present at the meetingJ something like that?
De Weerd: Yeah.
Nary: I guess that's fine. It's just a resolution and not an ordinance, I guess
that's probably - but, if it would make you happy we will do that.
De Weerd: Mr. PresidentJ I am so glad you are amenable tonight It just - a
perception thing too, if the question is out there, you know I have just have
always felt that anyone but the clerk doing the timing has a gray area and more
of a public perception type of thing, too.
(Inaudible discussion)
De Weerd: Yes, thank you. I am not always black and whitet but this time black
and white is good.
Nary: Being the only one who is actually named in a letter to the editor of Mr.
Thomas' paper because I was the timer, I understand that people sometimes
perceive that there is more to it than just that you happen to be the one sitting
here closer to the mic, but I don't see a problem and all that and I am sure that
Mr. Nichols can modify and add a ~ 17 that indicates that all the timing is done by
the clerk, so that is probably fine.
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Meridian City Pre-Council Meeting
August 17. 2004
Page 6 of 12
Nary: Last item is property tax appeal. Are we done with that? Did you have
anything else, Ms. CanningJ I am sorry?
Canning: Did you want me to bring it back before the first of September or just
bring it back in resolution form for you on the first of September?
Nary: Yes, unless they have some real objection that you think we need to have
more of a discussion the first of September, I think we would plan to put it on the
agenda as a resolution the first meeting in September.
Rountree: -- seventh.
Canning: We don't have a fifth Tuesday this month, do we?
Nary: The fifth Tuesda~ this month, I think, is just a hearing on the budget. So, it
would be September 7t. Is there anything else?
Canning: No, sorry, sir.
Nary: Thank you.
Berg: Mr. President just following through with some of the procedures of other
cities, I know our staff does a pretty good presentation prior to the application or
applicant testifying and I don't know and this is something that you may think
about} but with that kind of a presentation do they need 15 minutes to carry
forward their presentation and what I am saying is sometimes they feel like they
have to do the 15 minutes even though we already had a presentation on that.
So, I guess I am just throwing out if we do a 1 Q-minute presentation, do you want
to hear another 15 minutes of their presentation? Some order of other cities is
that the applicant does the presentation; the staff has no opinion whatsoever or
gives any opinion unless asked. I think we do it very well by giving unbiased
opinion, but what you really hearing is a presentation of 15 minutes, plus
whatever the staff does and sometimes that can be lengthy. Just throwing that
out.
Nary: Council? I just look at it, you knowJ it's their money, it's their timef it's their
project they want to develop and I think, I guess for me, 15 minutes is not that big
of a deal. I mean, realistically, the staff's presentation isn't on the merits of the
project as much as the compliance, the nature of the project in relation to other
projects, the compliance with the code and those types of things and you know
that's their selling job as to why this is good. I think most of the people that we
see have recognized over time that brevity gets rewarded a lot more than windy
presentations, 501 I guess I am not that adverse to 15 minutes for somebody that
wants to do something.
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Meridian City Pre-Council Meeting
August 17, 2004
Page 7 of 12
Rountree: I agree. Give them their due.
(~
Nary: Okay, moving on the last item on property tax appeal.
Item 6.
Discussion of Abatement of Danaerous Buildinas Amended
Ordinance:
Nary: I think Item 5 might be a little longer discussion, but I was anticipating Item
6 is kind of the same~ Isn't that a housekeeping measure as well?
Nichols: Pretty much, there are just a couple of issues on that one.
Nary: Maybe we will do that real quick, Mr. Nichols and then we will just
concentrate on the hearing procedure one next. I think there was an issue of
making sure the Building Official was the designee under that dangerous building
ordinance, but I don't know, maybe there was something more specific than that.
Nichols: I think that was the issue that we needed to make sure that we had from
you. When we first looked at amending the uniform code for abatement of
dangerous buildingsl we had some direction from the Council that Public Works
Director might be the appropriate person - the code itself generally says the
Planning Director and that doesn't really work in terms of Planning Directors
generally are not familiar with building code issues and this typically involves
building codes. Since the Public Works Director oversees the Building
Department, which includes the contracts for inspection services, we felt that it
was - my understanding from the Council was it was more appropriate to have
the Public Works Director in that role even if the Public Works Director did not
have building experience directly because of the oversight of that department.
What we can do is you can designate who the Building Official is; if you want it to
be somebody other than the Public Works Director, we need to just say that and
change this ordinance and bring it back to you.
Nary: (Inaudible) currently proposed in front of us, it does designate the Public
Works Director, but I think the discussion was in whethert Councilf since we will
have an actual Building Official as an employee after October 1 st? Then that
might be the more appropriate person as the designee, but we could certainly do
-leave it as the Public Works Director or designeef couldn't we as well?
Nichols: Mr. President, members of the Council I believe you could do that or
you could just make it the Building Official and then have the effective date
October 1 st ~
Nary: Council, do you have a preference for either one of these? Madame
Mayor?
De Weerd: If Brad has any comments.
(.
Meridian City Pre-Council MEu::ling
August 17, 2004
Page 8 of 12
.f''-:: ~.
(. .
\.:......
Watson: Madame Mayor, members of the Council. I am a little unfamiliar with
this. I did read through it and saw that the designation had changed~ NOJ I am
not going to muddy the waters. There were some other suggestions~ Actually,
they weren't real far out there~ So, nothing constructive.
Rountree: Mr. President if put (inaudible) or designee, whatever structure
organization that occurs then that can be accommodated without changing the
ordinance.
Nary: Certainly. Preference, Mr. Wardle?
Wardle: That's my preference, Mr. President.
Nary: So, I guessl Mr. Nichols the direction is to read Public Works Director or
designee or you could even say designated Building OfficiaL I guess either one
of those would be adequate language to make it clear that there is a staff person
De Weerd: That is vague.
Nary: Clearly vague that somebody on the staff is responsible.
Nichols: Madame Mayor, members of the Council I will do my best to come up
with some language and it won't be the playing director or the finance director, so
that we will get it straight
Nary: Last Item and then we will return back to Item 5.
Item 7.
Property Tax Appeal:
Nary: Did we win already? I think this is Ms. Kilchenmann's desire to us to make
a decision on going forward, isn't that correct?
Kilchenmann: Well, I gathered more information last week and I am going to -
Bill can probably add to thisJ tOOl when I am done, Mr. Nichols because I think
Chris in his office also did some phone calls and I discovered that there is no
good answer to this problem and also in talking with Mr. Nary that even if we
were able to refinance, that doesn't necessarily guarantee that the property tax
will be lifted because they haven't formally made that decision yet as far as Ada
County and Boise. Councilman Nary also pointed out that the amendment option
that has been discussed that the trustee was willing to do that for Boise because
they took an interest in the (inaudible) for a parking garage, so that might not be
the best option for US~ The other thing I thought Mr. Nichols might know if this is
possible as collateral if we offered cash verses the building because we do have
the cash if that would make him more likely to agree to the amendment; but our
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Merid [an City Pre-Council Meeting
August 1712004
Page 9 of 12
situation with Boise is when they refinanced even if they had to pay property tax
they were better off because they got a lower interest rate I but in our case if we
refinance and we still have to pay property tax we would be worse off because
the interest rate will be worse. SOl now I will turn it over to Mr. Nichols.
Nichols: Madame Mayor, Council President, members of the Council I think the
- what you are (inaudible) there is a lot of unknowns and I think the question has
to be asked of the issuers of the certificates of participation~ Are you amenable
to amending the lease to read in this fashion? And get an up or down answer, so
that we have an idea as to what conditions, if any, they would place on that, what
additional security they would look at. The indications I got from Bond Council
initially was the trustee would look to the rating bureau to see if the rating bureau
was acceptable with the amendment and that might be all that was required. So,
I think it was just a matter of whether you want to spend the money to have Bond
Council begin the process of seeing what it would take to make the amendment
and to some extent you are right you are taking a flyer that it mayor may not
result in elimination of the property tax on the Police facility because that decision
won't be made until November on the (inaudible) area language changes - the
Boise City did on the airport facility, so I think if you - my advice would be it
would be money well spent to move forward to at least find out from the trustee
whafs it going to take to make that amendment and see if some reasonable
conditions can be negotiated because as I understand it, it would not under those
circumstances would not necessitate a refunding issuance, it would just be an
amendment.
Kilchenmann: That is correct. So, it would just be however much time it took him
and his discussions with the bank.
Nichols: And the time spent to make the amendment itselt
Kilchenmann: Yeah. And we still also have the option out there of calling the
bonds in 2007, no laughter. This isn't funny.
De Weerd: Sorry, just looking at the turnoff list.
Nary: We were digressing, sorry. Mr. Wardle?
Wardle: Mr~ President. Stacy if we begin down this road does this give us any
guarantee of what kind of rate we are going to have verses if we start this today,
does it help us -I know the rates are down now and may not be so in the future?
Kilchenmann: Councilman Wardle the rates are actually on the way up~ So, the
interest rate we had on that preliminary schedule, it's probably only good for
maybe three or four more daysl so what Wells Fargo suggested is well, we could
get that preliminary paperwork done so you had it ready if you needed to go with
it, but the downside ~s that we have to pay Bond Council to do that, so again we
//~:.. ". :
("
Meridian City Pre-Council\."....eting
August17~ 2004
Page 10 of 12
are taking a risk. We'd pay the Bond Council to get all this paper ready and then
the interest rates are probably moving right now and if it doesn't work, so I am
kind of with Mr. Nichols that if spent the money on trying to do the amendment
first that might be - it's just a lottery.
Rountree: Mr. President
Nary: Mr. Rountree.
Rountree: I would concur that we Jook at the amendment as a first action and
see what kind of response we get from (inaudible) the bond issuer or the rating
firm and move forward. I would also suggest that maybe the Mayor and this may
be in the works through Ale to work with the cities in the state to see if there is
some kind of legislative remedy that might be brought forth this next legislative
session. It seems to me that (inaudible) paying taxes with tax payer's money and
I don't know it just goes from one pocket to the other. I guess if we could pick
Ada County's pocket back and get that money returned to us it would be fine, but
it just doesn't make any sense to me that they are taking this position and I think
they are the only county in the state that is doing it. I am sure there are other
instances and other counties where it could be at least looked at.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I know our finance director had raised the legislative issuel too.
During the Ale conference, I kind of heard when the other counties were taking a
look at this as the counties are kind of scrambling to get additional resources to
fund their services. I don't know why they want to rob Peter to pay Paul with the
same tax payer dollarl but they are taking a look at what Ada County is doing as
something they are interested in doing~ The Ale did indicate that they would be
following this and I think they have had, I don't know Mr. Nichols, do you know if
they have had any additional discussions? I participated in one of them.
Nichols: Madame Mayor, Council to my knowledge I don't know if they got it on
their radar screen as a hot topic and there was a legislative committee meeting
scheduled for September thatfs been moved to October! I think or November, so
it may be a whilet but I can certainly contact Ken Harward and get some
indication as to whether there is a move of foot to do that and if so who is at the
point of the effort.
De Weerd: Thank you, they are certainly watching it.
Nary: Madame Mayor, I know you periodically have meetings with Mayor Beiter
of Boise because I know it obviously is a very topic to the City of Boise even is to
the Ale. So, you know, it may be an issue, but it may be something that if the
...(..:. ..... .
(
Meridian City Pre-Council ")~.~eting
Aug ust 17 t 2004
Page 11 of 12
Ale doesn't feel it's a statewide issue it may be something that Boise and
Meridian could work collaboratively on. Just a suggestion.
Rountree: Sometimes you have to make sacrifices.
Nary: SOl it sounds like the consensus is as Mr. Nichols suggested that we seek
that opinion from the trustee about what it would take to get this done and we will
still keep exploring that if that's going to work.
Kilchenmann: Okay, I will contact our Bond Council. Mr~ Nichols, would you
prefer to do that or do you want me to do it?
Nichols: Madame Mayorl members of the Council I am willing to contact Rick
directly if you wish given that instruction to lees find out what ifs going to take
and you can start the meter running with that and at least go forward.
Nary: We are at the end of our agenda unless there is anything else?
De Weerd: Mr~ President, I guess I would just ask if any of you are going to this
Ada County Fair thing?
Nary: The Sunday lunch they invited us to?
De Weerd: Yes, right. The Mayor and City Council members VIP luncheon at
the Turf Club.
Rountree: (Inaudible) racetrack?
De Weerd: Yes. <
Nary: I am not able to go this Sunday. I think Mr. Bird is still out of town.
Rountree: I am not planning on going.
Wardle: I had a question that if they are holding a special luncheon for just the
Meridian City Councilor whether it's all -
Nary: I went last year and it was - I think it wasn't the City of Boisel but I think it
was the other smaller cities, I think, with all of the Commissioners and the Fair
Board and it was just a very nice and formal lunch to just let us know what was
going on and that was about ita But, I just couldn't do it this Sunday, but I donJt
think ifs just for us as far as I knew; at least it wasn't last year.
De Weerd: I am bringing my family.
Wardle: That was m.y next question is that is it a family event?
/.. ....
Meridian City Pre-Councir'h.~eting
August 17, 2004
Page 12 of 12
De Weerd: I called and asked because it is on a Sunday and I did ask if my
family could come and they said yes.
Wardle: Younger families, such as mine? Let me double-check my schedule~ I
would like to go and will try and make it.
Rountree: Is that during the fair?
De Weerd: Yes, it is. I think the fair starts on Saturday. So) if you'll let Peggy
know1 Shaun.
Rountree: (Inaudible discussion).
Nary: Anything else?
Wardle: Mr. President.
Nary: Mr~ Wardle4
Wardle: Mr~ President hearing nothing else, I move that we adjourn the Pre-
Council meeting.
Rountree: Second.
Nary: It's been moved and seconded to adjourn the Pre-CounciL All those in
favor say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 6:55 P~M~
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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DATE APPROVED
August 13,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 17,2004
ITEM NO.
4
REQUEST Discussion of Plumbing Code Ordinance
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:
I NTERMOU NT AI N GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
cJ
Ltr
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
August 13,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 17,2004
ITEM NO,
flD
REQUEST Discussion of Abatement of Dangerous Buildings Amended Ordinance
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A lTORNEY
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:
OTH ER:
Se. attached ordinance
etL,
f0
~
tJl-'~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
MaterfQts presented at public meeHngs shall become property of the City of Meridian..
(
WHITE PETERSON
ATTORNEYS A T LAW
KEVIN E. OlNlUS
]ULlE KLEIN FJSCHER
CHRISfOPHER 04 GABBERT
WM. F4 GlGRA Y, III
T. GUVHALLAlvJ**
JILL S. HOLINKA
J01-JN R. KOR~JANrK *
WILLrAlvt A. MORRo\\r
WILLIAlvf F. NlCHOLS ~
WHITE PETERSON, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD.1 SUITE 200
NAMPA, IDAliO 83687-790~1
TEL (208) 466-9272
FAX (208) 466-4405
Jllne 7, 2004
~ ~ .1~v~ ~t T ~if ~T' T~i "1r"":~t
..r'" 'r1.<J ~ M ~., ",..;;,. ~~.J IU::::
.l~~~! .1~~A ~<.~/~ 1~:.~1 J~ {;~I 2~ <~- ~
William G. Berg, Jr., City Clerl<
Meridian City Hall
33 East Idaho St.
Meridian, Idaho 83642
J U}J r.~ ~.~ ?nuOfl
'tj l~ ( ;,.. U"'1
.... dill
(~lty Of Iyler1 lal1
Cit.:y Clerl< Office
Re: Abatem.ent ofDan.gerous Buildings Amended Ordinance
Dear Will:
Attach.ed you will find the ordinance pertaining to the Abatement of Dangerous
Buildings Amended Ordinance for the City of Meridian. Please place this ordinance
upon one of tIle upcoming City Council regular agendas for approval and passage.
Additionally, I have attached the Summary Ordinance and cover letter on this
matter~
If you have any questions or need anything further with regard to this ordinal1ce,
please advise.
Very truly yours,
Wm. F. Nic.hols
Z:\Work\M\Meridian\Jvteridian 15360M\Ordillances City I.Jall\2004 Ord\Berg AbatmenetDangerousBldgsAmended Ord L TR 06 07
04.doc
CHRJSTOPH ER S. NYE
PH [LlP A. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE ***
* Also a dm.i t led in (
~* Also a drni tted in (
*"** Also a drni t ted in \
WHITE PETERSON
ArrORNEYS AT LAw
KEVIN E. DINIUS
JUI.4tE KLEIN FISCHER
CI-J RlSTOP]-lER D. G,\BBERT
Wl\1~ F. GIGRAY, III
flf. GUY HALLt\l\f -*
JlLl.S. HOL[NKA
JOHN R. KOR~l.t\NIK *
WI LLLU1 A. MORRO\'V.
WILLIMI F.. NICHOLS **
WI-I ITE PETERSON, P .A.
CANYON PARK A'fTI-IE IDAI-iO CENTER
5700 E. FRANKLIN RD~, SUrl"E 200
NAMP A, IDAII 0 83687~79 0 1
TEL (208) 466-9272
FAX (208) 466-4405
JUl1e 7,2004
William G. Berg, Jr., City Clerk
Meridian City Hall
33 East Idallo St.
Meridian, Idall0 83642
Re: Abatement of Dangerous Buildings Alnel1ded Ordil1allce
Dear Will:
Attaclled you will fil1d tIle ordiuallCe pertailling to the Abatelnellt of Dallgerou.s
BuildillgS Alnel1ded Ordil1al1ce for tIle City of Meridia'll. Please .place tllis ordil1illlce
UpOl1 Olle of tIle UpCOl11illg City Council regular agendas for approvalllild passage.
Ad.ditionally, I l1ave attaclled the SUlllnlary Ordinallce al1d cover letter on this
lnattel~ ~
If you have IDlY questiollS or l1eed aJ.lytllil1g furtller witll regard to this ordinal1ce,
please advise.
Z:\Work\M\Meridian\Mcridian 15360M\Ordinances City HaIJ\20Q4 Ord\Bcrg AballnenetDangerousBldgsAmended Ord L TR 06 07
044doc
Ctt RlSlUPH ER S. NVE
PI-II LIP A. PETERSON
TODD A~ ROSS~1AN
TERRENCE R. WH ITE **.r
* Also adlllittcd in (
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4** Also ad!nitted in V
CITY OF MERIDIAN
ORDINANCE NO~ 04-
BY:
AN ORDINANCE AMENDING SECTION 10-1-2 ADOPTION OF UNIFORM
CODE FOR ABATEMENT OF DANGEROUS BUILDINGS TO PROVIDE FOR
AMENDMENTS TO SECTION 301 GENERAL OF THE UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS, AND IN PARTICULAR
WITHIN THE DEFINITIONS, TO DELETE THE REFERENCE OF SECTION
3403 IN SECTION 103 ALTERATIONS, ADDITIONS AND REPAIRS TO
PROVIDE FOR THE INTERNATIONAL BUILDING CODE, AND TO DELETE
THE REFERENCES IN SECTION 204 INSPECTION OF WORK PERTAINING
TO SECTIONS 108 AND 1701 AND TO PROVIDE FOR THE INTERNATIONAL
BUILDING CODE, TO PROVIDE FOR THE PUBLIC WORKS DIRECTOR TO
HAVE THE POWERS AND DUTY OF BUILDING OFFICIAL, AND TO
PROVIDE FOR PAYMENTS TO THE REP AIR AND DEMOLITION FUND FOR
THE CITY OF MERIDIAN, IDAHO; PROVIDING FOR APPEALS, CONFLICT,
VALIDITY, SAVINGS CLAUSE, AND PROVIDING FORAN EFFECTIVE
DATE~
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 2 Chapter 1 Title 10 of tIle MeridiaJ.l City Code, be, and tIle
same is llereby amend.ed and shall 110W read. as follows:
10-1-2: ADOPTION OF UNIFORM CODE FOR ABATEMENT OF DANGEROUS
BUILDINGS:
There is hereby adopted by tIle mayor atld. tile city COUllCil for the :purpose of provid.il1g a
just, equitable and practicable Ineth.od, to be cumulative witll aJ.ld. in additiol1 to allY other
remedy aIld regulatioll provided by the building code, housillg code or otherwise
available by law, tIle desigllatioll of unsafe buildillgS or stluctures Wllicl1 froln any cause
endanger tIle life, Iitub, health., morals, property, safety or welfare of the general public;
providil1g the proced.ural guidelines for tIle cOl1del11natiol1 of any dangerous building or
structure located within.tIle city, the uniform code for tIle abatemel1t of buildings, 1997
editioll, as copyrigllted by tIle Il1terllational Code Council, and tIle whole tllereof, save
alld. except such pOl1ions as l1ereinafter deleted, modified or mnended by sectiol1 1 0-1-4
of this chapter, on file in the city clerk's office, and the saIne are hereby adopted and.
illcorporated in full as .if set forth at length herein. Froln the date in. Wl1ich this chapter
takes effect, tIle provisions thereof shall be controlling within tIle lil11its of the city. (Ord.
02-993, 12-1 7 -2002, eff. 1-1- 2003)
10-1-3 For the purpose oftllis code.. certain terms.. plu~ases.. words alld tlleir derivatives
shall be COl1strued as specified in either this chapter or as specified in the Building
Code or the Housing Code. Where terms are 110t defined'! tlley sllall have their
ordinary accepted meanillgs within the context witl1 whicl1 they are used.
Webster's Third New International Dictionarv of the English Lanf!ua?e~
Unabridged~ copyright 1986'1 shall be construed as providing ordinary accepted
meanings. Words used in tIle singular includ.e the plural and the plural the
sil1gu.lar~ Words used in the luasculine gender include the fel11inine and tIle
feminine and. mascu.line~
BUILDING CODE is the Uniform Building Code promulgated by the
International Conference of Building Officials, as adopted by tllis jurisdiction
applicable code regulatil1g C011struction and buildillg within the City of Meridian'!
as ad.opted bv the Meridian City Council at MCC-I0-1-4~
DANGEROUS BUILDING is any building or stru.cture deemed to be dangerous
under the provisions of Section 302 of this code.
HOUSING CODE is the Uniform Housil1g Code prol11ulgated bv tIle
International COl1ference of Building Officials~ as ad.opted by this iurisdiction.
10-1-4 Tllat within the 1997 U l1ifofln Code for the Abatement of DallgerOUS Build.ings~
Section 103 - AL TERA TIONS~ ADDITIONS AND REPAIRS illld Section 204 -
INSPECTION OF WORK sIlall be mnend.ed and s'hall now read as follows:
SECTION 103 -ALTERATIONS, ADDITIONS AND REPAIRS. All buildillgS
or structures whicll are required to be repaired. under tIle provisions of Sectiol1
3103 of tIle International Building Code.
SECTION 204 - INSPECTION OF WORK. All buildil1gS or structures witllill
the scope of this code and all construction or work for Wllicl1 a perluit is required
shall be su'bject to il1spection 'by the building official in accordance with and in. the
matUler provided by t11is code and. Sections 108 atld. 1701 of tIle International
Building Code.
10-1-5 POWERS AND DUTIES OF BUILDING OFFICIAL. Wllellever "Building
Official" is referred to and used in said Uniform Code for tIle Abatement of
Dangerous Buildings'l it shall be amel1ded to read "Public Works Director" aIld all
the powers and duties imposed by said Uniform Cod.e for Abatement of
Dangerous Buildings are hereby conferred on the "Director" pursuant to tIle
provisions of tIle Meridial1 City Code.
10-1-6 REPAYMENT OF REPAIR AND DEMOLITION FUND. All money
recovered bv payment of the cllange or assessment or from tIle sale of tIle
property at foreclosure sale shall 'be 'paid to the treasu.rer of tllis iurisdiction'! who
shall credit tIle same to tIle repair and demolition fund.
SECTION 2: All ordillances, resolutions, orders or parts tllereof in co'nflict
l1erewith are hereby repealed, rescind.ed and annulled.
SECTION 3: VALIDITY: The Meridian City Councill1ereby declares tllat allY
section, paragraph, sentence or word of tIlis Ordinance as adopted and amend.ed. herein 'be
declared for any reaSOll to be invalid it is tIle il1tel1t of tIle Meridiall City Council that it
would have passed all otl1er portions of tllis Ordinance independel1.t of the eliminatiol1
llerefrom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect all action or
proceeding conunenced. or right accrued. before this Ordil1ance takes effect.
SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and effect
after its passage, approval and publicatioll, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2004.
Mayor Tammy de Weerd
ATTEST:
City Clerk
All Ordinal1ce of the City of MeridiaIl By: Willimn. G. Berg, Jr., City Clerk
First Reading:
Adopted after first readil1g by suspensioll of th.e Rule as allowed. pursuant to Idaho Code
50-902: YES NO
Second Reading:
Third Reading:
STATE OF IDAHO,)
: SSt
County of Ada. )
On this day of , 2004, before me, tIle und.ersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., lal0W11 to lne to be tIle Mayor and City Clerk, respectively, of
the CITY of Meridian, Idaho, and. who executed tIle within instrument, al1d
acktlowledged to me that the City of Meridian executed tlle same.
IN WITNESS WHEREOF, I have 11ereUJlto set IUY haIld atld affixed IllY
official seal the day and year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
Z:\Work\M\Mcridian\Mcridian 15360M\Ordinanccs Cily Ha]]\2004 Ord\AbatementDangerousBldsAmcndcdOrd 06 07 04.doc
WHITE PETERSON'
A TTO.RNEYS AT LAW
KEVIN DlNlUS
J U LIE KL E1N FJ SCJ-lER
CI'IRrSTOPHER D. GABBERT
WT\i. F. GlGR1\ y~ I]r
T. GUY H/\LU\~f **
JJLL S. I-IOLTNKA
JO!~rN R. KOR~11\NIK *
WILL'A~l A. MORRO\V
W[LL1A~1 F. N[CHOLS **
CANYON I) ARK AT T]~E IDAHO CEN1~ER
5700 E~ FRANKLIN .RD., SUITE 200
NAtvl P A, IDAHO 83687 -790 1
TEL (208) 466~2 72
FAX (208) 4664405
CHRISTOPliER S. NYE
Pf-:llLlP A. PETERSON
TODD A. ROSS~1^N
1~ERRENCE R. W}'UTE ***
· Also adulittcd 111 CA
.. Also adlnitted irl OR
*** Also adlllittc(J ill W ^
June 7,2004
Willial11 G. Berg, Jr.
City of Meridian
3 3 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 04- , (Ab~tement of Dangerous Buildings Amended
Ordinance for the City of Meridian) Summary of Publication
Dear Will:
PUrSUallt to tIle directiol1 of tIle Meridiall City COUI1Cil, this office l1as prepared a
sUffiluarizatiol1 of the ordinaJ.lce providin.g for tile Abatenlel1t of Dangerous BuildiJlgS Amelld.ed
Ordil1atlce for tIle City of MeridiaJ.l, purSUatlt to tIle City' s action~ I do here'by ad.vise the City, an.d
lual<e tllis statement, tllat said. SU111lUary is true and complete al1d.}Jrovid.es adequate n.otice to tlle public
of the provisions of said ordinance.
Y ou are llereby directed to file tllis statelnel1t witll the ordil1ance, .pursuallt to tIle
provisiollS of Idall0 Cod.e 9 50-901 (A).
Enclosure
Z:\Work\M\Mcridian\Meridian 1 5360M'Ordinances City HaH\2004 Ord\Berg AbatementDangerousBldgs Alnend SUln Ord cover Jtr 06 07 04.do:
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04-
PROVIDING FOR AMENDMENTS TO SECTION 2 CHAPTER 1 OF TITLE 10
ADOPTION OF 2002 INTERNATIONAL BUIDING CODE FOR
ABATEMENT OF DANGEROUS BUILDINGS
Tllis ordinance of the City of Meridiall is amending section 2 of Chapter 1 Title 1 0 to provide for
the adoption of the 2002 Internatiol1al Building Code for the Abatement of Dangerous Buildings
instead of the Unifofl11 Building Code; to provide for revisions to the defillitiol1 of Buildil1g Code
and to provide for two new definitiol1S of Dangerous Buildillg alld Housing Code, to provid.e for
the deletion to tIle reference of Sectioll 3403 in Section 1 03 Alterations, Additio11S alld. Repairs,
and to provide for the Internatiol1al Building Code, to provide for tIle d.eletion to th.e referel1ces
of Sections 108 and 1701 in Section 204 of the Uniform Code of Abatemellt of Dangerous
Buildings and to provide for the Interllational Buildillg Code, to provide for the Public Works
Director to have the powers atld duties as the Building Official, an.d to provide for payments to
the Repair a11d Demolition Fund for tIle City of Meridian.
Tllis ordinance reconciles the City's adoption of the UnifoflTI Code for Abatement of DaJ.lgerous
Buildings witll the adopted General Building Codes.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Idaho, Meridian, Idaho~ Tllis ordinance sllall become effective on. the _ day of
2004.
City of Meridian
Mayor alld City Council
By: William G. Berg, Jr., City Clerk
First Reading:
Adopted. after first reading 'by suspensioll of tIle Rule as allowed pursuant to Ida110 Code 50-902:
YES NO
Second Readil1g:
Tllird Readil1g:
Z:\Work\M\Meridian\Mcridian I 5360M\Ordinances City Hall\2004 Ord\AbatementDangerousBldgsAnlend Stun Ord 06 07 04.doc
Abatelnent of Dangerous Buildings SUITInlary Ordinance
1 0-1-2
Page 1 of 1
(00 .
** TX CONFIRMATION REPORT **
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DRTE TIME TO/FROM
08/13 17:44 3810160
08/13 17:46 PUBLIC WORKS
08/13 17:46 12084664405
08/13 17:48 8841159
08/13 17:48 2088840744
08/13 17:49 POLICE DEPT
08/13 17:50 8985501
08/13 17:51 LIBRRRY
08/13 17:52 92083776449
08/13 17:53 208 388 6924
08/13 17:54 2088886854
08/13 17:55 ALL RMERICAN INS
08/13 17:56 208 895 0390
08/13 17:57 128300040
08/13 17:58 208 387 6393
08/13 17:59 RDA CTY DEVELMT
08/13 18:01 8885052
08/13 18:02 CHERRY LANE
08/13 18:03 IDAHO ATHLETIC C
08/13 18:04 ID PRESS TRIBUNE
08/13 18:05 2088886701
AS OF AUG 13 '04 18:06 PAGE. 01
MODE
EC--S
EC--S
EC--S
EC-~S
EC--S
EC--S
EC--S
EC~-S
EC---S
EC-~S
EC--.S
EC-~S
EC--S
G3--S
EC~~S
EC~-S
EC--S
G3--S
EC--S
EC~-S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
00' 39" 001
00' 26" 001
00' 28" 001
00' 26" 001
00' 26" 001
00 ' 26" 001
00' 26'~ 001
00' 32" 001
00' 26" 001
00' 31 " 001
00' 26" 001
00' 26" 001
00' 26" 001
00' 30" 001
00' 26" 001
00' 26" 001
00' 26" 001
00' 43" 001
00' 27" 001
00' 26" 001
00' 26 " 001
CMD~
223
223
223
223
223
223
223
223
223
223
223
223
223
223
223
223
223
223
223
223
223
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
----~-----~----------~~~---------~~~----~-------~---------~-------~-----~~-------~----------
\J\ rlJ~(. Ylht 1if YI).t\ ,. CI\JL ~Ll-t: - J T\tl.N4 ~ )
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CITY (Jr. ttl;~R~E~~!.6. v
erla1dn'--1!~; '~'\~t
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~=---- ~ l1~ff-J
MAYOR
tJfunmy de Weerd
CITY COUNCIL lvlnMBERS
Wi Ilian1 L. M. Nary
Keith Bird
Charles M. ROLr n treE'
SlUl tln Wa rd Il~
ell y D1::PARTMENTS
Fire
540 G. Frankli11 Road
SSS-123d.; fax 895.10390
Parl(S & Recrealion
11 c. Bower Street
888-3579 / fax 898..5501
Planning & ZOning
660 E. Watcclower LCJl'H:~
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho,
Meridian, Idahot on Tuesday, August 17, 2004 at 5:30 P.M~ The
Meridian City CounCil Will be diSCUSSing agenda items WhiCh are on the
reguJar SChedUled City counCil meetina as well as the followinn i~~IJ~~.
(.
** TX CONFI R'PU-1 f J ON REPORT *>1<
AS OF AUG 13 '04 18:12 PAGE.01
CITY OF MERIDIAN
26
27
28
29
30
31
32
DATE TIME TO/FROM
08/13 18:06 3810160
08/13 18:07 PUELIC WORKS
08/13 18:08 12084664405
08/13 18=09 8841159
08/13 18=10 2088840744
08/13 18:11 POLICE DEPT
08/13 18:12 8985501
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
MIN/SEC PGS
00) 29)J 001
00' 21" 001
00.22,t 001
00' 21,t: 001
1313' 201' 001
00121 " 001
00J 20" 001
CMD~ STATUS
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
--------------------------------------------------------------------------------------------
\'\COSt: fOSt tcr \...tll,DlI G f\J(J-tl (,t:. - '~)UJlICS~\.
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, August 17. 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Shaun Wardle ____ Bill Nary
Charlie Rountree _ Keith Bird
_ Mayor Tammy de Weerd
2.. .Adoption of the Agenda:
3. Executive Session per Idaho State Code 67...2346(1 )(f):
4.. Discussion of Plumblno Code Qrdlnance:
s. Discussion of proposed amendments to the hearlna Drocedure
~Drdinan~8 referencina Resolution No. 208:
6.. Discussion of Abatement of Dangerous Buildinas Amended
'Ordinance:
7. Property Tax Appeal:
* ApprcJximate allowable time set for agenda item may change depending on
disclJ~JSion.. Please use the designated minutes as a guideline only.
Meridian Ciy Pr"CouncU Agenda - August 17. 2004 Page 1 or 1
AU matertato prooented ar. pubUc nHBlJngs ehaU become property of the Cfty of Meridian.
Anyone: desiring acoammodati on for diaa bUm96 related to documents andfor heartnga
pleo.a.e contact the City Clttrkt9 Ofneo at 8S8-4433 at feaot 48 hOurs prior to the pubric meeting,
(.
**= TX CONF') ~ <. ~~T ION REPORT **
~s OF AUG 13 104 18=24 PAGE~01
01
02
133
04
05
06
07
08
139
113
11
12
13
DATE TIME TO/FROM
08/13 18=12 LIBRARY
08/13 18:13 92083776449
08/13 18=14 208 388 6924
08/13 18: 15 2088886854
08/13 18:16 208 895 0390
08/13 18:17 128300040
08/13 18:18 208 387 6393
08/13 18:19 ~DA CTY DEUELMT
08/13 18=20 8885052
08/13 18:21 CHERRY L~NE
08/13 18:22 IDAHO ATHLETIC C
08/13 18:23 1D PRESS TRIBUNE
08/13 18:24 2088886701
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
00' 22'. 1301
00' 20 U: 001
00~23n 001
00' 20t' 001
00' 20'; 001
00' 26 ,} 001
00'21n 001
00' 20" 001
00' 213" 001
00' 40J1 001
00'20n 001
00f20u 001
00:' 20U 001
CMD;:J STATUS
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
224 OK
--------------------------------------------------------------------------------------------
r \COSG poSt -rtr rl \.1/)1 ) G I\J Ut"l c..r- - \ V lQYt...1CS~\
CITY OF MERIDIAN
PRE..cOUNCIL MEETING
AGENDA
City Council Chambers
Tuesday, August 17. 2004 at 5:30 p.m.
1. Roll-call Attendance:
_ Shaun Wardle _ BiJJ Nary
_ Charlie Rountree _ Keith Bird
_ Mayor Tammy de Weerd
2a .Adoption of the Agenda:
3.. Executive Session per Idaho State Code 67-2346(1 )(1):
4W' Discussion of Plumbing Code 9rdlnance:
5. Discussion of proposed amendmonts to the hearlna Drocedure
;ordinance referencina Resolution No. 206:
6. Discussion of Abatement of Danaerous Buildinas Amended
-Ordinance:
7. Property Tax Appeal;
It Apprctximate allowable time set for agenda item may change depending on
discwJSion. Please use the designated minutes as a guideline only.
MeftCIlan City P r..CouncU Agenda - A uguet 17 r 2004 P.. ge 1 of 1
AI materlarlil presented at PUblic me&llnga 8haU become property oftbe City of MerkflM.
Anyone dottring .ilCDOmmodati M1 for disabUitiOG ref8lod to documontu and/or heurtngo
pleaoe contact the City C1ed(8 Otnce at 888-4433 at JeLlSt 48 houro P1iorto the pubrie meeting,
erldlirn:'~l(~ ,..,,~.~.~~~~
~/
JD.\HO /./
/;/
Q:~
q ~ 9'03
MAYOR
Tamn1Y de Weerd
CITY COUNCIL MElvIBERS
Willianl L. M. Nary
Kei t11 B i l~d
Charles M. Rountree
Shaun Wardle
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
CITY DEPARTMENTS
Fire
540 .E. Franklill Road
888-1234 / fax 895-0390
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Pre-Council Meeting at City HalJJ 33 East IdahoJ
Parl<s & Recreation
11 E.. Bower Street
888-3579 / fax 898-5501
Meridian, Idaho, on Tuesday, August 17, 2004 at 5:30 P.M. The
Meridian City Council will be discussing agenda items which are on the
Planning & Zoning
660 E~ Watertower Lane
Sllite 202
884-5533/ fax 888-6854
regular scheduled City Council meeting as well as the following issues:
-- Executive Session per Idaho State Code 67-2345(1)(f)
Police
1401 E. Watertovver Lane
888-6678 / fax 846-7366
-- Discussion of Plumbing Code Ordinance
Pllblic Wor],s
660 E. Waterto-vver Lane
Sllite 200
898-5500/ fax 898-9551
-- Discussion of proposed amendments to the hearing procedure
ordinance referencing Resolution No~ 206
~ Building
660 E. Watertower Lane
Suite 150
887-2211/ fax 887-1297
-- Discussion of Abatement of Dangerous Buildings Amended
Ordinance
-. Property Tax Appeal
- Sewer (vVWTP)
3401 N. Ten Mile Road
888-2191/ fax 884-0744
- Water
2235 N. W4 8 th Street
888-5242/ fax 884-1159
DATED this 13th of August, 2004~
, \,,~\1ntUIJIJt
\\\\ f"n.. -1'1
,...."'.;.., of nfdEJ~/t)-] l//-',~~
"-,, .~""'\ ------- ::v~.f. 4'""
,~ r~ ~POI:J ~ ~~'!r ~
"V on:f ~ h .r .-;..~
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.:\ J ". 0).\ ~ , L ~
WILLIAM G. BERG, ~. - Q ~1S. .C) ~?
~ -Po uSr 15\ ,/ -./' .,1'
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/..........' 0,,;:, 0\.- ,; . ,
~ II; ,. . + \. .~ . i ,. < ~ _ ~ ~.. . _ -: 1
r J ~ .
The public is welcome to attend the meeting.
CITY HALL 33 Et\ST JDAI-IO A\!ENUE IVIERIDIAN, IDAHO 83642 (208) 888-4433
crry CLERK- E\X 888-4218 HU~I"l\' RESOURCES -ri\X 884-8723 FINANCE & UTILJTY BJLLING-FI\X 887-4813 ~L\YOR~S OFFICE- R'\X 884-811 9
~\COSC ~ost rO(o Plt{o\i G NO+fcC- -ThCltl'6:'~''''J ~
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, August 17, 2004 at 5:30 p.m.
City Council Chambers
1 JI Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
___ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Executive Session per Idaho State Code 67-2345(1)(f):
4. Discussion of Plumbing Code Ordinance:
5. Discussion of proposed amendments to the hearing procedure
ordinance referencina Resolution No. 206:
6. Discussion of Abatement of Danaerous Buildinas Amended
Ordinance:
7. Property Tax Appeal:
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - August 17, 2004 Page 1 of 1
AU mater~als 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.
("
MA YOR
TalnnlY de Weerd
CITY COUNCIL MEMBERS
Willian1 L. M. Nary
Kei tl1 B i l+d
Chal~les M. ROllntree
5]10 II 11 Wa t.d le
CITY DEPARTMENTS
Fire
540 E. F.raI11cli'll Road
888-1234 / .fax 895-0390
I'a.rks & Recl.eation
11 E4 Bower Street
888-3579 / fax 898-5501
Planning & Zoning
660 E. W atel..tO\Vel~ Lal1e
Strite 202
884-5533 / fax 888-6854
'Police
1401 'E. Waterto'~lel. Lalle
888-6678/ fax 846-7366
Pllblic Wor:ks
660 E. WatertO\\rel+ Lal1e
Suite 200
898-5500 / fax 898-9551
- Building
660 E. Watel~tower Lane
Slli te 150
887-2211/ fax 887-1297
- Sewer (WWTP)
3401 N. Ten Mile Road
888-2191/ fax 884-0744
- Watel~
2235 N. W. 8th Street
888-5242/ fax 884-1.159
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho,
Meridian, Idaho, on Tuesday, August 17, 2004 at 5:30 P.M. The
Meridian City Council will be discussing agenda items which are on the
regular scheduled City Council meeting as well as the following issues:
-- Executive Session per Idaho State Code 67-2345(1)(f)
-- Discussion of Plumbing Code Ordinance
-- Discussion of proposed amendments to the hearing procedure
ordinance referencing Resolution No. 206
-- Discussion of Abatement of Dangerous Buildings Amended
Ordinance
- Property Tax Appeal
The public is welcome to attend the meeting.
DATED this 13th of August, 2004.
crry 1-IALL 33 EAST 10/\1-10 A\'ENUE rVIERIDIAN, IOAt-IO 83642 (208) 888-4433
CITY CLEHK-E\X 888.4218 HU~L\N RESOURCES -E\X 884-8723 l"::INANCE & UTILITY BILLlNG - r~\x SR 7 ~48j 3 ~[A''{o[fs OFFlCE- J).\X 884-Sl] 9
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("
Revised August 17, 2004
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, August 17, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: ~ve /Jtc/(;
3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance
Church:
4. Adoption of the Agenda: Ij,~~.r a.~
5. Consent Agenda: ~~
A. Approve Minutes of August 3, 2004 City Council Regular Meeting:
B. Waterline Late Comers Aareement - Debgar, llC (dba Bodily RV
Center):
C. First Amendment to the Development Agreement: RZ 04-006
Request for a Rezone of 16.. 1 acres from R4 to R~8 zone for
Sutherland Farm Subdivision No.4 by Sutherland Farmt Inc~ - east
of South Eagle Road and north of East Victory Road:
D. Water Main Easement for Treasure Vallev BaDtist Church:
&4-- 4--1-/
E. Resolution No. 04 447 : Solid Waste Committee:
F . License Aqreement with NamDa Meridian Irriaation District to
construct .sewer line within the easement for the Ten M lie Drain:
G. Personal Services Contract between the City of Meridian and
RIMI. Inc. to provide mechanical inspection services and plan
reviews for structures constructed within the City of Meridian:
H. Personal Services Contract between the City of Meridian and
Lvnd. Inc. to provide plumbing Inspection services and plan
reviews for structures constructed within the City of Meridian:
Meridian City Council Agenda- Angust 17,2003 Page 10f3
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 1he City Clerkts Office at 888-4433 at least 48 hours prior to the PUbliC meeting.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
(
Revis.ad Aug ust 17, 2004
I. Contract for Idaho Community Development Block Grant for
Meridian Senior Center:
(Items Moved from Consent Agenda)
FP 04-050 Request for Final Plat approval for 6 commercial building lots on
5~23 acres in a L-Q zone for Valencia Plaza Subdivision by Roylance &
Associates - east of South Locust Grove Road and south of East Overland
Road: ~
Continued Public Hearing from July 13, 2004: ZOA 04-001 Request for
Zoning Ordinance Amendment to allow small antennas to be mounted on
existing and new light and power poles within residential, office, commercial
and industrial subdivisions by Pinnacle Engineers, Inc:
~~~ fo ~pAr\-C tYL~h.~~
Public Hearing: AZ 04-014 Request for Annexation & Zoning of 30 acres
from RUT to R-8 zone for proposed Sienna Creek Subdivision by
Sagewood Development. Inc~ - north of West Ustlck Road and east of North
Linder Road: /: / / ~__ . " ..;
;;refJ~ ,.,-/UCf C/~ ruT ~
Public Hearing: PP 04-019 Request for Preliminary Plat approval of 136
single-family residential building lots and 13 common lots on 30 acres in a
proposed R-8 zone for proposed Sienna Creek Subdivision by Sagewood
Development, Inc. - north of West Ustick Road and east of North Linder
Road: ~l1epfVL.e rrl.c.f o/~ ~ PJvtrn'~
Public Hearing: CUP 04-021 Request for a Conditional Use Permit for a
Planned Development for a residential subdivision for proposed Sienna
Creek Subdivision by Sagewood Development, Inc. - north of West Ustick
and east of North Linder Fpad~ I 4 ~ ~ -. 1/
~/;J~ ~I ~ T t> I A ifl.91- Pw'J>fY'V> V~
Public Hearing: PP 04-018 Request for Preliminary Plat approval for a re-
subdivision of Lot 2f Tramore Subdivision consisting of 16 multi-family
residential building lots and 3 common lots on 5.7 acres in an L-O zone for
proposed Roundtree Subdivision by Big View Builders - east of North
Linder Road on south side of East Pine Avenue:
prv!fJiVl-( r//~ {<:;(.,( Arr ~~
Public Hearing: CUP 04-018 Request for Conditional Use Pennit for a
Planned Development for a reduction to 10...feet for the rear setback,
minimum 5-foot side setback, minimum 20...foot front setback and no minimum
frontage requirement for lots within the proposed development for Roundtree
Subdivision by Big View Builders - east of North Linder Road on south side
of East Pine Avenue: ;;/ L. ~ / ~ r _ . ~
~/7~ -r-tr ~ & (~ rvv- ~J-~
Water, Sewer and Trash Delinquencies: PPP"Y'9 ~
Ordinance No. (j' 4- - / () '-1 ~ : RZ 04-006 Request for a Rezone
of 16.1 acres from R-4 to R-8 zone for Sutherl~nd Farm Subdivision No.4
Meridian city Council Agenda - August 17t 2003 Page 2 of3
All materials presented at public meetings shall become property of1he 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.
Revised August 17 J 2004
by Sutherland Fann, Inc. - east of South Eagle Road and north of East
Victory Road: V\(..;
Meridian City Council Agenda - August 17, 2003 Page 3 of3
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 8884433 at least 48 hOUrs prior to the PUbliC meeting.
(:....,
August 27, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 31,2004
ITEM NO.
5-8
REQUEST Approve minutes of August 17,2004 City Council Regular Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
C~TY ATTORN EY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CJTY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SAN IT ARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
IP~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shaJl become property of the City of Meridian..
( "
Revised August 17, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, August 17,2004 at 7:00 p.m.
City Council Chambers
1. RolI~call Attendance:
X Shaun Wardle X Bill Nary
X Charlie Rountree 0 Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: By Dave McKinnon
3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance
Church:
4. Adoption of the Agenda: Approve As Amended
5. Consent Agenda: Approve
A. Approve Minutes of August 3, 2004 City Council Regular Meeting:
Approve
B. Waterline Late Comers Aareement - Debgar, lLC (dba Bodily RV
Center): Approve
C. First Amendment to the Development Agreement: RZ 04-006
Request for a Rezone of 16 ~ 1 acres from R -4 to R -8 zone for
Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc~ - east
of South Eagle Road and north of East Victory Road: Approve
D. Water Main Easement for Treasure Vallev Baptist Church:
Approve
E.
Resolution No.
Approve
04-441
Solid Waste Committee:
F .. license Aareement with Nampa Meridian Irriaation District to
construct sewer line within the easement for the Ten Mile Drain:
Approve
G. Personal Services Contract between the City of Meridian and
RIM). Inc. to provide mechanical inspection services and plan
Meridian City Council Agenda - August 17,2003 Page 1 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone deSiring acconunodation 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,
Revised August 17, 2004
reviews for structures constructed within the City of Meridian:
Approve
H. Personal Services Contract between the City of Meridian and
lvnd. Inc. to provide plumbing inspection services and plan
reviews for structures constructed within the City of Meridian:
Approve
I. Contract for Idaho Community Development Block Grant for
Meridian Senior Center: Approve
7. (Items Moved from Consent Agenda)
8. FP 04-050 Request for Final Plat approval for 6 commercial building lots on
5.23 acres in a L-Q zone for Valencia Plaza Subdivision by Roylance &
Associates - east of South Locust Grove Road and south of East Overland
Road: Approve
9. Continued Public Hearing from July 13, 2004: ZOA 04-001 Request for
Zoning Ordinance Amendment to allow small antennas to be mounted on
existing and new light and power poles within residential, office, commercial
and industrial subdivisions by Pinnacle Engineers, Inc: Attorney to Prepare
Ordinance
10. Public Hearing: AZ 04-014 Request for Annexation & Zoning of 30 acres
from RUT to R-8 zone for proposed Sienna Creek Subdivision by
Sagewood Development, Inc. - north of West Ustick Road and east of North
Linder Road: Prepare Findings of Fact and Conclusions of Law for
Approval
11. Public Hearing: PP 04-019 Request for Preliminary Plat approval of 136
single-family residential building lots and 13 common lots on 30 acres in a
proposed R-8 zone for proposed Sienna Creek Subdivision by Sagewood
Development, Inc. - north of West Ustick Road and east of North Linder
Road: Prepare Findings of Fact and Conclusions of Law for Approval
12. Public Hearing: CUP 04-021 Request for a Conditional Use Permit for a
Planned Development for a residential subdivision for proposed Sienna
Creek Subdivision by Sagewood Development, Inc. - north of West Ustick
and east of North Linder Road: Prepare Findings of Fact and Conclusions
of Law for Approval
13. Public Hearing: PP 04-018 Request for Preliminary Plat approval for a re-
subdivision of Lot 2, Tramore Subdivision consisting of 16 multi-family
residential building lots and 3 common lots on 5. 7 acres in an L-Q zone for
proposed Roundtree Subdivision by Big View Builders - east of North
Linder Road on south side of East Pine Avenue: Prepare Findings of Fact
and Conclusions of Law for Approval
Meridian City Council Agenda - August 17" 2003 Page 2 of 3
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 Clttk's Office at 888~4433 at least 48 hours prior to the PUbliC meeting,
Revised August 17 J 2004
14. Public Hearing: CUP 04-018 Request for Conditional Use Permit for a
Planned Development for a reduction to 10-feet for the rear setback,
minimum 5-foot side setback, minimum 20-foot front setback and no minimum
frontage requirement for lots within the proposed development for Roundtree
Subdivision by Big View Buifders - east of North Linder Road on south side
of East Pine Avenue: Prepare Findings of Fact and Conclusions of Law
for Approval
15. Water, Sewer and Trash Delinquencies: Approve
16. Ordinance No. 04-1095 RZ 04-006 Request for a Rezone of
16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by
Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory
Road: Approve
Meridian City Council Agenda - August 17~ 2003 Page 3 of3
All materials presented at public meetings shalt become property of the City ofMeridianL
Anyone deSiring acCOmmOdation for disabilities related to documents and/or hearingS
Please contact the City Clerk ~s Office at 8884433 at least 48 hOUTS Prior to the publ ic meetingt
(F..'.....:.
.-i-....~-.-~. .
C. ..
Meridian City Council Meetina
AUQ ust 17 , 2004a
The regular meeting of the Meridian City Council was called to order at 7:00 P~M~,
Tuesday, August 17,2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, William Nary, and
Shaun Wardle.
Members absent: Keith Bird.
Others Present: Bill Nichols, Will Berg, Anna Canning, Brad Watson, Gary Smith, Jim
Musser, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Bill Nary
Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. IIJI go ahead and open the regular City Council meeting. It's
Tuesday, August 17th. It is a little bit after 7:00 and I will ask the city clerk to start us off
with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Item No.2 is the pledge of allegiance and we will ask our in-house Boy
Scout Mr. Dave McKinnon to, please, lead us in the pledge.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Craig Flinn, with Meridian Alliance
Church:
De Weerd: Mr. McKinnon, I guess since we have asked you to fill in so very often, I
would like to present you one of the new City of Meridian pins. Okay. Item No.3 is the
community invocation~ We would ask you to join us or take a moment to meditate.
Flinn: Letls pray. God, we thank you that you're the God of laughter. You created us in
your image and I believe you smile. You say in your word that you rejoice over us with
singing and I just thank you for laughter~ What a great way to start a meeting. The
emotions you put in us to express grief and sorrow and joy and so thanks for laughter.
God, we acknowledge that you are the God of the city, that you have established this
leadership team that stands -- or sits before me. You have appointed them and I pray
tonight that you will give them great insight and wisdom into your ways and your will and
you will give them a spirit of unity and vision and clarity in the decisions that you have
. .. .. . . : . ... ............ . . .. . ... . ..:... ... . .. . . : . .. . . . . . . .. : . .. . . . .. .. . :. .. ... .. ..:........ . . :. ....:.:......:..;..:....:.::::.
Meridian City Councj I
August 17, 2004
Page 2 of 40
for them to make~ God, we thank you for blessing us in the city~ We pray tonight for the
school administration and the staff that are scurrying around buildings now and getting
ready for this next week, where we thank you for the educators you have raised UP9 We
pray a blessing on each one~ Lord, we pray for the thousands of children that will begin
to roam the hallways of schools and, God, we pray for safety, we pray for fun, we pray
for life change as they are educated9 Lord, we just -- again, we just pray for education~
Lord, we pray for a safe year. We pray for a year of honor and respect We pray for a
year of character development. Lord, we pray for all of the city officials, Lord, our police
department, our fire department, the government. Lord, we just ask for a blessing as
these men and women serve in the areas you have appointed them. Again, we just ask
for your anointing on this meeting, for clear communication. I pray for more laughter
and more joy and that as we walk away from this meeting tonight we will know we have
met with you and we have had clarity on the direction you have for the city in Jesus
name, amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you so much, Pastor Flinn. If I could present you with one of our
new pins and thank you for joining US~ We will go on to Item No.4, adoption of the
agenda.
Nary: Madam Mayor?
De Weerd: Mr~ Nary.
Nary: lid like to add two items to the agenda, although one may have been added by
the clerk this afternoon on the study, the Dr~ Freilick study that is proposed, the joint
MOU with ACHD, is that on our revised agenda? Okay. So, we'd like to add that MOU
onto -- I guess it would be Item 5-G and also that the MOU with the Ada County
Highway District with the City of Meridian for a traffic study in the downtown core, that
would be added as Item 5-H and that the Mayor be authorized to sign after review by
the city attorney of that MOU and that on the FreHick study MOU, that that be for the
Mayor to sign and clerk to attest as well and on the resolution number -- oh~ Okay~ So,
this -- I'm looking at the revised agenda, it was revised as of today's date, August 17th,
but these two items aren1t on there, so I would move to add those as items 5-J and K.
And the resolution number is 04-441. So, anyway, I think those are the only items to
add to the agenda.
De Weerd: Do 1 have a second?
Wardle: Second.
De Weerd: Okay~ Irs been moved and seconded to adopt the agenda as amended by
Councilman Nary~ All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
August I 7; 2004
Page 3 of 40
Item 5:
Consent Agenda:
A~ Approve Minutes of August 3,2004 City Council Regular Meeting:
B. Waterline Late Comers Aareement - Debgar, LLC (dba Bodily
RV Center):
c~ First Amendment to the Development Agreement: RZ 04-006
Request for a Rezone of 16~ 1 acres from R-4 to R-8 zone for
Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. -
east of South Eagle Road and north of East Victory Road:
D. Water Main Easement for Treasure Vallev Baptist Church:
E~
Resolution No.
04-447 : Solid Waste Committee:
F. License Aareement with Nampa Meridian IrriQation District to
construct sewer line within the easement for the Ten Mile
D ra in:
G. Personal Services Contract between the City of Meridian and
RIMI~ Inc. to provide mechanical inspection services and plan
reviews for structures constructed within the City of Meridian:
H~ Personal Services Contract between the City of Meridian and
Lvnd, Inc. to provide plumbing inspection services and plan
reviews for structures constructed within the City of Meridian:
I. Contract for Idaho Community Development Block Grant for
Meridian Senior Center:
De Weerd: Item 5 is the Consent Agenda.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: lid move the approval of the amended Consent Agenda for approval, Items 5-A
through K, including the new additional items, as well as the Mayor to sign, Clerk to
attest on all the proper papers and, again, Resolution No. 04-441.
Wardle: Second.
De Weerd: It's been mqved and seconded to approve the Consent Agenda~ Is there
any further discussion? Mr. Clerk. will you call roll.
(
Meridian City Council
August 17, 2004
Page 4 of 40
Roll-Call: Bird, absent; Rountree, yea; Wardle] yea; Nary, yea~
MOTION CARRIED: THREE AYES~ ONE ABSENT.
Item 6:
Department Reports: None
De Weerd: Thank you. There are no department reports. No?
Item 7:
(Items Moved from Consent Agenda)
De Weerd: Okay. There are no items moved from the Consent Agenda.
Item 8:
FP 04-050 Request for Final Plat approval for 6 commercial building lots
on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Roylance
& Associates - east of South Locust Grove Road and south of East
Overland Road:
De Weerd: So, we are at Item 8 for FP 04-050~ I will ask Anna to make staff
comments.
Canning: Madam Mayor, Members of the Council, this is a six lot commercial
subdivision. The lot was originally Lot 1, Block 1, of Resolution Subdivision No.1. They
are now requesting to divide it into six commercial lots or -- yes, six commercial building
lots. They will be served by an internal drive. There are no new roads as part of this
application~ They have shown a preliminary layout for building pads and the final plat is
in substantial compliance with the approved preliminary plat~ Staff is recommending
approval~ I do not have an applicant -- or letter from the applicant at this time.
De Weerd: Okay. Is the applicant here tonight? Do you agree with all of staff
comments? Okay. The applicant agrees with staff comments. Council, do you have
any questions or comments?
Rountree: I have none.
De Weerd: Okay. Thank you. I would entertain a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree~
Rountree: I move that we approve Item No.8, FP 04-050, Valencia Plaza Subdivision,
including all staff comments.
Wardle: Second.
c
./d~."'. .
{: ..
\....: .
Meridian City Council
August 17,2004
Page 5 of 40
De Weerd: It's been moved and seconded to approve Item 8~ Is there any further
discussion? Mr~ Clerk, will you call roll?
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea~
MOTION CARRIED: THREE AYES. ONE ABSENT~
Item 9:
Continued Public Hearing from July 13, 2004: ZOA 04-001 Request
for Zoning Ordinance Amendment to allow small antennas to be mounted
on existing and new light and power poles within residential, office,
commercial and industrial subdivisions by Pinnacle Engineers, Inc:
De Weerd: Thank you~ Item 9 is a continued Public Hearing from July 13th on ZOA 04-
001 ~
Canning: Madam Mayor, Members of the Council, we -- you continued this item. We
had a lot of discussion about how poles would be placed, whether the surrounding
property owners would be noticed, would they be placed on some of the ornamental
lighting features we had, how that license agreement would work -- there was just a
number of outstanding questions for the Council. So, the applicant has met with both
myself and Mr. Watson, to address those concerns, and we do believe that we have
those straightened out. I think you got -- yes, you were -- I think you got a fax regarding
this. Ifs probably in your packets. We have discussed some other changes with the
applicant and he, I think, has those tonight, so I'll cut my presentation short and let him
hand those out and so that we can let you review them~
McKinnon: Thank you, Madam Mayor, Members of the CounciL You should have all
received a copy of my letter and I gave you a revised copy of the attachments for the
revisions to the communication towers ordinance, and Anna and I just talked on the
phone a few hours ago, actually, and made a couple of small additions to it, correcting
the word antennas to antennae~ J think thatls the plural for antennas or antennae~ So,
we made a few corrections and )'11 just go over some of the issues that we talked about
last time and explain how we tried to resolve those, if you haven't had a chance to
review my letter. Basically, after our last discussion that we had there were a lot of
issues that were outstanding. I know there was a lot of discussion about the parabolic
dish, the satellite dish, and there was some idea that we didn't want those hanging off of
streetlights, so we have decided to eliminate that idea and there will not be any
parabolic dishes or any sort of satellite dishes hanging off of streetlights and so we met
with Anna and that was one of the first things we talked about and we said, well, it's an
issue, lefs get rid of it and we don't want to have any other reason to dislike streetlights.
The next thing that we looked at was what type of issues would we have to deal with
with getting to all the neighbors and how we have the neighbors have input in this. It
was Anna's suggestion that we include all the neighbors within a hundred feet of the
radius of the streetlightt if it's an existing streetlight, and receive their approval for this
product prior to applying for a permit from the city. We felt like that was a great
suggestion and we have included that in the revisions to the ordinance~ In addition to
. . . . .. . . . ... . ....... .. :.: .. : .... . : . .. ... . .. .. .. .. .... . ... .. .... .. . .. . ... .. ...: ..... .:. ..: .. .. .. .: . . .....: ........ . . . ... .. .. .. ... .. ... . . . .. .. .. . .. ... .. .. .. . .. .. ........ .. : . .. .. . .. . . . . . . . .. .. ....... :.......... .: .. .:.. .:.... :::: .;;;..;: ~
Meridian City COlInel I
August 17, 2004
Page 6 of 40
that, we decided that for new subdivisions, that if the subdivision developer wishes, he
could request approval of these types of antennas to be placed on his streetlights within
the subdivision prior to construction and receive approval for those during the
subdivision process, since we have made those revisions as well to the ordinance, and
we have put in a requirement, a new standard that they would have to be separated by
at least 500 feet in distance, the poles themselves that have the antennas on them, and
we decided that after the discussion that we had with Council and based on your
recommendation that we make a requirement they be painted to match the streetlights.
SOt we have added that into the ordinance as welL Then, after we met with Anna we
were hit with another letter from the Public Works Department~ The Public Works
Department apologized for the tardiness of their comments, but we decided that Brad's
list of comments were important enough that we needed to sit down with Brad or Bruce~
Brad wasn1t available, so he suggested we talk with Bruce Freckleton. So, we haven't
actually talked to Bradt but we have talked with Bruce and Anna mentioned we talked
with Brad and I saw him raise his eyebrows, but we have met with Public Works and
discussed their issues and the first was concern with cost and we have discussed the
issues of cost and we decided that we would be more than willing to bear the cost of the
electricity for the light. In addition to that, we would be willing to pay, you know, on top
of that, because this will be something that's running 24 hours a day, the streetlight isn1t
running 24 hours a day, so all electrical costs would be borne by the developer, if a
person wants to put this up~ Contacted Mr. Berg, your city clerk, to try to figure out the
fees for that and he's contacted Idaho Power to determine how much a streetlight costs
and we will get those costs eventually from Will. The second concern that Brad had,
had to deal with ornamental lights, those lights that are more of an historical look~
There is not a whole lot of historical lights in Meridian, a lot of ornamental lights, though,
in these subdivisions and the downtown area~ We have decided to completely eliminate
any idea of any possibility for those to be placed on those types of streetlights and so
that should not be an issue anymore. The new ordinance revisions eliminate the
possibility of that happening, so there won't be any possibility of those being placed on
the historical lights~ The third concern that they had was how are we going to do the
fees for this and what type of process that we go through for approval for this. The way
the ordinance was prepared and presented was that under current ordinances the -- any
type of a cell tower would require either a certificate of zoning compliance or a
Conditional Use Permit as determined by either the Planning and Zoning Director or the
Public Works Director. We have combined the two to say both the Zoning Administrator
and the Public Works Director have to make the determination whether they need to get
a Conditional Use Permit or a certificate of zoning compliance. After that, in order to
build that, if it's a new tower, they have to get a building permit, that's where the fees for
design review are paid, electrical permits would be required and they pay a fee for that
as well. So, we have included that into the ordinance and that's how that would be
handled. The fourth concern that they had was a surety for any new poles. We have
decided to eliminate the idea of placing any additional new poles in neighborhoods, the
possibility of replacing old poles with new poles, but the idea of us putting additional
poles in old neighbors is an idea that we have done away with~ There will be no new
poles in old neighbors, uflless there is a city request for those, but we have taken away
that issue~ Brad had raised that issue saying that if we were to abandon those poles in
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Meridian City Council
August 17, 2004
Page 7 of 40
the future the city would be left paying the electrical bill and we didn1t want to have the
city left paying the electrical bill or having to remove those poles in the future, so we
decided to eliminate the possibility of adding new poles, rather just replacing old, worn
out poles, such as the old poles with the cobra head that hangs off of those, and there is
a possibility of correcting that, which would be in the benefit of the city and for our client
The additional comments that Brad had had to deal -- he had a bunch of other
comments, actually, four other additional comments and the first one was what kind of
standards will they use to determine whether or not this is the type of use that we would
like to see in the area and there are a list of standards that are in the ordinance and I
just gave you a quick list of those, 1111 just list them off really quick~ One, is that we have
to match those lights -- they have to be painted to match the streetlights~ The size of
the antenna can be no more than four square feet in size. Antennas cannot be located
within 500 feet of each other~ The height of the antenna has to be lower than the
maximum height limit for the zoning district in which it is. In a residential district thafs
35 feet Adjacent neighbors within 1 00 feet have to sign off on the approval for those
antennas and an antenna cannot be located on streetlights in neighborhoods with
ornamental or historical light fixtures. The second minor issue that he had to deal with
historical lighting, again, we are not -- we have taken that out of the ordinance. There
will be no possibility of that happening~ The third issue had to deal with the lease or
franchise agreement~ In talking with Will Berg he did not wish to pursue the franchise
agreement, but, rather, go through the lease process or license agreement. We are
open to either~ That's very possible for us to do either of those issues. The fourth
concern was a concern of both the police department. After the meeting we met with
Bill Musser and he had some concerns about radio frequency and we met with Public
Works Department about their radio frequency for their SCADA system and for the new
water meters. There is a -- they are doing water meter testing where ifs a radio
frequency, rather than actually tapping those. And we have talked with the electrical
engineer thafs working on this project and we have looked at the radio frequencies that
we are using, one is a 900 megahertz hopping system, it should have no interference
with the hopping system that SCADA uses and the Public Works and it shouldn't
because it hops from place -- it hops within that frequency and it should have no
interference with the police department Another one of the frequencies that would be
used by this is actually a licensed frequency and so they would be the only ones
allowed to use that frequency, so there would be no interference with the police
department or Public Works. The final concern we had had to deal with the termination
of this type of project We felt that within the lease agreement there would have to be a
need for just cause to eliminate the use. So, I'll just get back to that last issue. On the
lease agreement they wanted to have the ability to terminate the lease and it was -- the
way Brad Watson had originally -- Brad and Bruce had originally written the memo, it
was without just cause, that they could terminate at anytime~ In talking with Bruce
Freckleton, he agreed that there needs to be just cause to terminate that and there
needs to be a reason, plus a specific time. Well, so it was -- the meeting that we had
with your staff were great~ Anna was very helpful; she had some great suggestions for
us. Brad and in talking with Bruce, Captain Musser -- I'm sorry, chief -- Chief Musser
and I played phone tag .over and over, but in dealing with the electrical engineer. we
have realized that there won-t be any interference that was hoped to be avoided and
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Meridian City Council
August 17, 2004
Page 8 of 40
that will be avoided by this system. Just so that you know for your -- just for edification,
there are other people doing this type of product out there. The radio frequencies are
being used out there and that they have a different way of putting up receivers for this,
they are typically in a different manner, but the types of radio frequency is out there and
it's under use. I think we have tried to address your concerns~ These are really small
antennas. The idea that being a small halo was a bit over -- was a little presumptuous
on my part to say that it would be all the way around. They are directional antennas~
Not all of the antennas have to be omni directional; they actually have a range and so
they would have a range that they are going -- not typically have to be a full halo~ They
are very small in size and they are typically above the eyesight and the eye line of the
people that are within Meridian and we don't believe that it would cause -- the four
square feet would cause any adverse conditions for the city as far as the beautification
of the city. And after working with everybody and working with Public Works, they felt
that we addressed their concerns~ Anna had helped us out to address your concerns
and additional concerns that had been brought up and ask for your approval at this time
and ask if you have any questions~
De Weerd: Council, do you have any questions?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary~
Nary: It sounds like you have done a lotf Mr. McKinnon, from our last discussion about
this, but in looking at the ordinance that you proposed to us, I don't see all of that in
here, so -- I see some of it, but -- like the issue on the poles and whether or not it would
only be on new poles and not -- or that you wouldn't create new poles or those kind of
things, I mean I appreciated those things, but I guess I didn1t see language in here
about that Was that to just be incorporated in this license agreement or we would
simply --
McKinnon: Thafs actually in the ordinance itself~ 11-22-4, B, the language now says
existing streetlights~ It's the third line within there~ It would limit that to existing
streetlig h ts.
Nary: Well, it says can be mounted on existing or new poles. Existing streetlights,
buildings, but I guess the one other thing you said was you didn1t want -- the concern
Public Works had was that if you would be replacing an old pole that would be fineJ but
if you had an issue where you put it on there and. eventually, you didn1t want it, but we
put a new pole in and part of it was supposed to be paid for by your client and they
weren't going to be paid anymoref J guess I didn1t see that kind of language in there.
Were you thinking that would just be incorporated in the agreement on whether or not
we did that, whether we allowed it to be there in the first place? Because, to me, all it
says is that it can go on new poles or old poles. So, it doesn't say anything to me about
who is going to pay for it, so was that going to be in the agreement?
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Meridian City Counci 1
August 17, 2004
Page 9 of 40
McKinnon: Councilman Nary, I guess the intent of that, if itls not specifically listed in the
ordinance, would be that the Planning and Zoning director and the Public Works director
have to approve of this and that they could make that determination. The idea originally
was that there are some old neighborhoods where the streetlights are so far apart from
each other in the old neighborhoods before the standards that we are using now were
there, there may be a gap in coverage and we were proposing to put new streetlights in
where there aren't any streetlights currently and the idea now is not to put in new
streetlights in those areas, but, rather, just use the existing street(ights~ And the intent
was that the Planning and Zoning Director and the Public Works Director would make
that determination~ Those are not needed. We could make it explicit in there, the
wording for that, your suggestions would be great for that. This is a revision. We can
make revisions to the --
Nary: My only concern is I could see your client, you know, eventually in certain areas
of town where there are -- aren1t adequate streetlights saying, look, 1111 put up a new
streetlight for you, because I want to be able to put an antenna on it and -- like you said,
at some point where there was a -- the demographics moved, then, all of sudden they
want to take those out and the city has a pole there that they are paying for now that
they didn't want in the first place or they didn1t feel was necessary at the time that it was
done~
Canning: Madam Mayor?
Nary: So, I didn't know if that type of language would just be incorporated in the
agreement.
De Weerd: Anna.
Canning: The way I -- Madam Mayor, Councilmember Nary, the way I had read this
was my understanding was the term poles was not referring to streetlights~ That poles
was something other than streetlights~ That a new pole might just be like a cell tower
pole, you know, just some pole out there. Thafs the way I understood it. But some
clarification from the applicant might be in order on that and maybe we need to clarify it
in the text, too, because when he used existing streetlights, I think that that's what he
meant is that, no, he wouldn't do new streetlights, because thatls what the city would
pay for, but a new pole -- it might be a flag pole -- you know, who knows. But just the
pole without the lights. He wanted to leave himself some options with that.
Nary: And later on when someone is reviewing it, it may not be that clear.
Canning: Thafs obviously -- itls obvious that we need to clarify it.
Nary: And the only other comment J had is on number five Meridian should probably be
capitalized to indicate it's the City of Meridian, not some term.
McKinnon: The meridian.
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Meridian City Council
August 17, 2004
Page 10 of 40
Nary: Something that makes it clear that we are talking about the cityls streetlights,
versus a terminologYt because someone certainly could read it that way, so -- but,
otherwise, I really appreciate the time and effort it looks like everybody took to deal with
all the issued that we raised that last time.
McKinnon: Thank YOUf Councilman Nary, Mayor, Members of the Council~ I think that
Anna and J can come up with some language to clarify that if you1d like and direct us to
do that You know, upon approval there is still the requirement to getting it codified and
thafs one of the changes that we feel comfortable being able to make~
De Weerd: I would ask, too, on -- if you thought about -- you talked about a lease
agreement and what -- I mean how is that set and the figures and that sort of thing?
McKinnon: Well, in talking with your -- Mayor and Members of the Council, in talking
with the city clerk Will Berg, the numbers -- and in talking with Public Works
Department, they don't know exactly how much streetlights cost to run for the city. They
are all on one big contract that we have with Idaho Power and we pay into that, so we
have to determine the cost of that and upon determination of cost of that it would be
similar to a license agreement that you have with Ada County to be able to utilize the
public space for that and we would pay our ratio of the electric bill, plus the cost that it
takes to pay for the streetlights~ So, the city's cost of the streetlights would go down and
our burden could become higher, because we'd have the use of the -- of the pole~
De Weerd: But I guess more in the loss of -- if this becomes more of a form of getting
reception and we would have a Joss of franchise fees that we get from the more
traditional means, I guess thafs what I was looking at~
De Weerd: Oh, Mr. Berg.
Berg: Thank you, Madam Mayor, since I didn't hear all the discussion, but we currently
have franchise fees with United Cable -- or Cable One, whatever they changed their
name -- and besides the other utilities, but thaes the only one it affects~ I think any kind
of a competition of that nature~ The other issues is Idaho Power charges us a flat rate
for streetlights that we own and, then, a flat rate for wood poles that we don't own that
are all owned by Idaho Power for them to maintain. So, they would have to figure out
how much power tapped in for the use of that antenna and whatever we feel is a
reasonable lease or any kind of maintenance on that streetlight. That I haven't got
determined, because Idaho Power had some other rates that they are looking to see in
their schedule it would comply with or the usage. But thaes about alii have researched
for that rate schedule with Idaho Power.
De Weerd: Okay. Mr. Nichols, do you have any comments on the franchise
agreement?
Meridian City Counci I
August 17, 2004
Page 11 of 40
Nichols: Madam Mayor, Members of the Council, it's typical if you.re going to lease a
portion of city property to receive something in return for that and, certainly, if it were a
cell tower lease on your property there are various mechanisms for calculating the call
volume and the revenue generated by calls through a particular cell tower. There
should be some method for leasing this space and some calculations, so the
remuneration to the city is certainly review-able, probably write into the lease audit
standards with regard to connection fees and different things charged just like you
would in a franchise ordinance where you're allowed to see revenue and expenses.
There are a variety of things that you could put into there and I would recommend that
you do thatt because, as you pointed out, you get at least a percentage of the cable TV
fee, but I don't know if you get a percentage of the internet connection fee on a cable
modem. I dontt think you do. I think ifs just on the cable TV, so -- and that's a bone of
contention between cities and the cable industry.
De Weerd: So, there are a couple of things -- I guess I have one more question~ Anna,
who is the zoning administrator?
Canning: For the purposes of the zoning ordinance, 11m referred to as the zoning
ad m i n istrator.
De Weerd: So, you want that title in there?
Canning: No. J hate that title, but the rest of the zoning ordinance is written that way,
so I live with it.
De Weerd: I knew you hated itf that's why I --
Canning: In the new zoning ordinance you will find that I will be the planning director,
but for the time being I am the zoning administrator, just to be consistent with the rest of
the docu ment.
De Weerd: SOt when that change goes through we will have to change all the rest of
these?
Canning: Well, we are changing the entire zoning ordinance.
De Weerd: This will be part of that zoning ordinance?
Canning: Yes.
De Weerd: Okay. Okay~ Thafs alii had. So, we still have some fine-tuning on this?
Canning: Actually, Madam Mayor, I think itls a pretty simple fix, if I could run it by you
quickly. I think where it says existing or new poles, just put a parenthetical statement
there that says without streetlights and J think that that would clarify it.
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Meridian City Council
August t 7, 2004
Page 12 of 40
McKinnon: That works for us.
De Weerd: And the other issues on financial can be dealt with in what manner?
Nary: Probably in the license agreement.
Rountree: License agreement.
De Weerd: In the license agreement. Mr~ Nichols, is that -- okay.
McKinnon: All right Thank you, Mayor, Members of the Council.
De Weerd: This is a Public Hearing~ Is there anyone who would like to issue
testimony? Seeing no one eager to get up here, do you have anything further, Dave?
Council?
Nary: Madam Mayor?
De Weerd: Yes.
Nary: So, I think with those changes, I guess we could ask Mr. Nichols to put that into
ordinance form in a couple of weeks? Three or four weeks? About four weeks? About
four weeks?
De Weerd: Okay. So, do we have need to close the Public Hearing? I'll entertain a
motion.
Nary: So moved.
Wardle: Second.
De Weerd: Ifs been moved and seconded to close the Public Hearing on this item~ All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES~ ONE ABSENT.
De Weerd: So, I would entertain a motion to instruct the city attorney to draw up the
appropriate ordinance.
Nary: Madam Mayor?
De Weerd: Yes, ML Nary.
Nary: I'd move to have the city attorney prepare the appropriate ordinance based on
the comments and discussions, as well as the revised amendments that have been
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Meridian Cj ty COline i I
August 17, 2004
Page 13 of 40
proposed by Mr~ McKinnon and planning staff and return an ordinance back before us
by the 28th of September.
Rountree: Second.
De Weerd: We will go ahead and ask the clerk to call roll on this and we will take a five
minutes break.
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
(Recess. )
De Weerd: Okay. J will go ahead and call this meeting back to order. We are
pretending we have some order to this meeting tonight~ We do have public hearings for
10, 11, and 12 and since I didn1t begin with this, by ordinance we are required to ask
those that testify to be sworn in and so we do it all in one big exercise. So, all of those
that wish to provi de testi many on Items 10th ro ug h 14, if you wi II, pi ease, raise you r
right hand~ Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God? If so, answer I do.
(Affirmative answers.)
Item 10:
Public Hearing: AZ 04~014 Request for Annexation & Zoning of 30 acres
from RUT to R-8 zone for proposed Sienna Creek Subdivision by
Sagewood Development, Inc. - north of West Ustick Road and east of
North Linder Road:
Item 11:
Public Hearing: PP 04-019 Request for Preliminary Plat approval of 136
single-family residential building lots and 13 common lots on 30 acres in a
proposed R-8 zone for proposed Sienna Creek Subdivision by
Sagewood Development, (nc~ - north of West Ustick Road and east of
North Linder Road:
Item 12:
Public Hearing: CUP 04-021 Request for a Conditional Use Permit for a
Planned Development for a residential subdivision for proposed Sienna
Creek Subdivision by Sagewood Development, Inc. - north of West
Ustick and east of North Linder Road:
De Weerd: Thank you~ And we will open Items 10, 11, and 12, AZ 04-014, PP 04-019,
and CUP 04-021 with staff comments.
Canning: Madam Mayor, Members of the Council, this property is located north of
Ustick Road, just to the .west of Venable Lane as ies constructed into Cedar Springs
Development right there. Baldwin Park is to the north and, then, new phases of Baldwin
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Meridian City Council
August 17, 2004
Page 14 of 40
Park come down into the missing ten acres I suppose here and the project is around
there. The proposed project is 136 single-family residential dwellings and 13 common
lots. You can see the common lots here at the entry. A large -- J believe one-acre park
here and another large park here. I think I probably have the acreages wrong on those,
but -- the proposal includes a planned development, the R-B zoning, and, then, the
subdivision and I will try and go through some of the requested changes with the
planned development. The applicant has an alley-loaded section in the center of the
property with fairly narrow lots and, then, another section here with fairly narrow lots.
So, some of the things they are asking for as far as reductions from the zoning
ordinance is -- and city requires for the R-8 district a 4,000 square foot lot for attached
units. They are asking for 3,91 O. For detached units the requirement is 6,500 square
feet and they are asking for 5,000 square feet As far as lot frontages, the R-8 requires
65 foot minimum detached and 40 attached. They are asking for 50-foot minimum for
the detached and 34 foot minimum for the attached. Block length, they are asking that
one block be allowed to exceed 1 ,000 foot limit and thafs this block here on the west.
The school -- the middle school on -- on Linder is in this location here, so they share a
boundary -- their western boundary is completely shared with the middle school. As
part of that planned development, they are proposing 3.69 acres of common area and --
which is 12.3 percent of the gross land area and they will have playground equipment
and picnic areas in the 1.2 acre park and the one acre park. The staff report does note
that the applicant is requesting attached units on the alley product and this was
incorrect The applicant was actually asking for attached units on the southern
boundary and in the central block here, which would be block -- Block 3. I talked with
the applicant briefly before. Generally, on a planned development when they are asking
attached units, we do require that they provide the elevations~ They have not been
asked thus far and I apologize for that, to supply the elevations, so what I suggested
was that we skip asking for the attached units at this point, but make it clear that the
applicant could come back for a modification to the Conditional Use Permit, which would
-- for side lot setbacks, which normally would go just to the Planning and Zoning
Commission and that would be an option at times she does have product type that she
was looking at for an attached unit. Otherwise, staff is proposing tonight that it just be
single-family detached housing. And with that, those are the major points of the staff
report and I will end staff's presentation. Oh, 11m sorry, you did get a revised plat
tonight. The -- ( forgot to tell you what the Planning and Zoning Commission did. Sorry
about that. The laughter has affected everyone today. Sorry. The Planning and Zoning
Commission has recommended approval of this application. At the July 15th hearing
testimony was provided by Shawn Nickel, who testified for the applicant, as well as Lisa
Wanna-Sissler, who is the developer for this project. Jim Paulsen, who is an adjacent
property owner to the south at the end of the stub street on the eastern side of the
property to the south, testified about concerns regarding the future access to his
property to the south and as a result of that discussion, the applicant was asked to
install that second stub street to that property and they have shown it here. The original
application, just so you know, had a cul-de-sac along this -- this southern road that
connects to Venable Lane. That used to be a cul-de-sac. ACHD did require that that
be a full connection an.d the applicant has made those changes as well. So, the
Commission discussion did center on the stub streets and they recommended adding
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Meridian City Council
August 17, 2004
Page 15 of 40
the additional stub street to the south and the letter -- the staff summary letter -- I think
we had not received a new layout at that time, so it notes an outstanding issue for City
Council that the applicant is requesting that the subdivision be approved with a single
stub street to the south, but as you can see, they have turned in an amended
application that's no longer an issue~ The reason you have one on your desk tonight is
that the previous one that you received did not have a 13-foot sewer easement at the
north end of the property, so they have recently added that. And with that I will end
staff's presentation.
De Weerd: Council, do you have any questions for staff at this time? Okay. Would the
applicant like to come forward? If you will just state your name and address.
Nickel: Thank you, Madam Mayor~ Shawn Nickel, 52 North 2nd Street in Eagle. I'm
glad the microphone's working again. Mayor and Council, 11m representing Sagewood
Development and the Sienna Creek Subdivision~ Staff did go over in detail some of the
issues that came up at Planning and Zoning~ The main one was that secondary stub on
the south and the applicant has decided to work with staff and the suggestions of P&Z
and place that second stub as you see to the south and what that will do is that will
allow access to two parcels that are located adjacent to the subdivision. There is 133
single-family dwelling lots, 15 common area Jots, with a density of 4.43 dwelling per
acre. Just so you know, we did lose three lots by adding that second stub street and
modifying -- this stub street was originally located right there~ It was modified to line up
with this interior street and, then, we placed the second street right there. In addition,
as staff did explain, we do have 12~3 percent usable open space. That's 3~69 acres~
The developer is going to get up and kind of explain the amenities to you in more detail.
These are the open space areas. As you can see, the subdivision has been designed
as a pedestrian friendly development to include access~ This will have a detached
sidewalk and these buffers along the main road. which provide access to all the open
space~ We did coordinate with Wendell Bigham of the school district on the placement
of this pathway to the -- is it Sawtooth? Sawtooth Middle School. That's just to the west
of the property. This open space area right here is a drainage slash open space. The
rest is strictly dry open space areas. We did have two existing stub streets from the
existing subdivisions to the -- or subdivision to the north and northeast that we did
connect into and we do meet the Comprehensive Plan, which is a medium density
residential designation. I believe thafs all we have. Staff did a good job of explaining
the PUD waivers that we were asking for through the DP process~ 1111 stand for any
questions you may have.
De Weerd: Okay~ Councilf do you have any questions?
Nary: Madam Mayor?
De Weerd: Mr~ Nary.
Nary: Shawn, the front -- essentially, the front of this subdivision or the entryway is
where that small little cul~de-sac area is and that green space there on the eastern side,
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Meridian City Council
August 1 7, 2004
Page 16 of40
is that the -- is that where the access point is -- the initial access point is? Because the
other two -- the southern one are just stub streets, aren't they?
Nickel: Over here?
Nary: Right.
Nickel: Yeah. This is another access to Venable as well. And, again, originally we just
had the one access point and ACHD recommended or requested that we get rid of that
cul-de-sac there and punch out to Venable for better access.
Nary: And, then, the elementary school will be essentially north and --
Nickel: The elementary school is right --
Nary: That's the middle school that's on the --
Nickel: Oh, I'm sorry.
Nary: Isn't there an elementary school, then, on Venable to the east? Oh, okay, I see
where it is. There we go. Okay. All right. Great. Thank you.
De Weerd: Okay. Mr. Wardle.
Wardle: Madam Mayor? Staff mentioned that they had a requirement for elevations for
the -- for the attached housing and had a suggestion for a requirement to bring that
back or leave the meeting tonight with those single family dwellings. What was -- I
didn1t hear a preference.
Nickel: I think what we have agreed to is to recognize that right now they are single
family detached and in the event that a builder would like to attach thoseJ we would
bring it back in on a case-by-case basis.
Canning: Bring it back as a modified Conditional Use Permit that could go just to the
Planning and Zoning Commission.
Wardle: Okay.
Nickel: That gives some flexibility for future consideration.
Wardle: Sure. Thank you.
De Weerd: And you1re in agreement with that?
Nickel. Yes.
Meridian City Counci I
August 17, 2004
Page 17 of 40
De Weerd: Okay. Anything further? Thank you, Shawn.
Nickel: Thank you.
De Weerd: Would you like to come and comment? Just state your name and address.
Wanner-Sissler: Good evening, Madam Mayor, Council Members. My name is Lisa
Wanner-Sissler and I reside at 2752 South Goshen Way in Boise~ This is my first
project before you in Meridian, so I did want to take a few moments personally introduce
myself. It appears that youlre an engaging bunch from what I have seen so far in my
first meeting here, but I have been actually developing for a number of years in Boise
and Kuna and Caldwell, but this is my first development in the City of Meridian, so I did
want to take a few minutes to stand before you and I specifically wanted to talk to you
about housing types, as well as common area features, so --
Canning: Madam Mayor, while she's setting up, 11m going to embarrass her. Her
husband just started a new business in the City of Meridian as well.
Wanner-Sissler: That is true~ We just as of Friday received on occupancy permit to
open Stealhead Collision Center, which is a 10,000 square foot auto body repair facility
on Baltic Avenue. We are right next door to Idaho Fleet Service, which was the
business of the year for Meridian last year, so we are --
De Weerd: Well, welcome.
Wanner-Sissler: Thank you very much. I think based on the amount of money that we
have spent at this point; I think we are here for the long haul. So, as far as Sienna
Creek goes and the common area features for Sienna Creek, I do have several of them,
but for the tot lot area I am proposing a tot lot that looks very much like this one. This is
the tot lot that is in Waterbury Subdivision, which I think is off of Linder Road. J like it,
because it has a little bit of an architectural element to it, it is supposedly one that
children -- has better popularity for the amount of time that ifs played on with children
and I like it because it's kind of muted colors that I think for a residential setting blends
in nicelYJ rather than stands out as kind of a -- you know, an eye sore to some people.
So, I'm proposing to place that tot lot right in this location here. The reason that I want
to put it there is because the densest part of the development, of course, is right here,
that is where the smallest lots will be and so my thinking is that thafs where the folks
that have the least amount of land outside to put that kind of equipment will live and so
lid like to place it in the densest part of the development. As for the rest of the common
areas, it was very important to me to have large common spaces and to have
connectivity between the spaces and so to that extend we designed the meandering
detached sidewalk that blends itself well to all three areas~ And in this first area right
here that will be the primary entrance and egress for the subdivision and I would like to
put a very special -- I'll call it a park-like feature in that area. This is a photograph that is
actually outside of Eagle City Hall and the Eagle Senior Citizens Center and they have
created some kind of meandering pathways that come into a circular area and lId like to
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Meridian City Council
August 17 ~ 2004
Page 18 of 40
create something that is similar to that and, then, include some black wrought iron
benches and place those in kind of a circular seating arrangement and, then, embellish
the landscaping not just with trees and kind of the normal bushes that you see, but
some flowering perennials, some rose bushes, some lilies, come things that are easy
care, but provide some color and some further interest. So, my thinking is to create kind
of a peaceful, restful area that will sort of just beckon you to just come in and sit for
awhile and that area will be a up front here, whereas I'm thinking more physically
oriented area with kids and stuff will be back in these two large areas~ As far as a
housing type that I foresee to be built, I will clarify the detached and the attached house
issue. I really have no plans to put attached housing in this development~ It actually
came up at Planning and Zoning, someone said to me would you like to have the
opportunity to do some detached housing and I donlt build, I strictly develoPJ and J said,
well, you know, that would be kind of nice. I'm really not planning on having any
attached housing in the area at this point. So, if we would change our minds on that,
then, yes, we could come back to the Planning and Zoning Commission. This is the
type of housing that I am proposing to see in Sienna Creek~ The top three photos -- and
( guess ifs not mine either, because my frame fell off as I was walking up here, so --
but, anyway, these top three photos are pictures of homes that are in some of my other
developments and ( think this kind of represents the gamut of what Sienna Creek will be
like. I would expect that we will see these kinds of homes on the lower end and, then,
these on the middle and upper end~ J would expect the price range to probably go from
about 140 to 275 on an overall basis. In the alley loaded section I will be encouraging
this type of a home right here, if you can all see that. Particularly, the one block that
looks out over onto a large expanse of common space I'd like to see some front
porches, because, you know, it would lend itself very well to that style of home~ And,
then, I did want to point out I do have a number of 50 foot wide lots. The 50 foot wide
lots in this area you will notice all have greater than a hundred foot depth. That was
very much by design. There are a lot of great floor plans out there where jf you can jog
the foundation out enough in the back you can get some awesome views on a 50 foot
wide lot with the back of the home. And given that it will be backing onto such a nice
common space, I wanted to take advantage of that. So, I think, in summary, we spent a
lot of time designing the plat. I think it lays out very nicely. I think it has a lot of usable
open space~ (1m excited to be here and get out there and turn some dirt, so I would
stand for any questions or comments that you might have.
De Weerd: Thank you very much. CouncilJ any questions?
Nary: Madam Mayor?
De Weerd: Mr. Nary~
Nary: I was curious, because I -- maybe I should ask Mr. Nichols as well, on this -- on
this one stretch here, this one that exceeds our normal block length of 1 ,000 feet, it
troubles me only a little bit, but it appears that itls going to end up looking very tunnel
like. I mean you have got houses -- not very large lots, but you have houses that are
going to be set fairly close togetheL There is no green space, there is nothing that
Meridian City Counci I
August 17, 2004
Page 19 of 40
breaks up this street at all and I can't recall how long the street was from Mrs~ Canning,
other than this one pathway to Sawtooth, but I mean there isn't any other design way -- I
recognize you have got a school on this side, so it makes it awfully tough, but it appears
that there is nothing in this to break this up at aiL I mean it just seems like it's going to
be house after house after house as you drive down this street, you're not going to see
really much break between homes, because these homes are fairly close together
because of their size, because you have got a two story home with probably a ten foot
setback on each side.
Wanner-Sissler: Uh-huh.
Nary: Or is it five?
Wanner-Sissler: Five.
Rountree: If ifs two story ifs ten.
Canning: Five.
Nary: SOf it's five on each side, so it's ten feet between houses~ So, it seems like it's
going to be a fairly -- fairly congested sort of look through here and thatls part of the
reason for the block length requirement is to not have that type of look. SOf maybe if
you wanted to talk a little bit about that and why that's your proposal to do it that way,
because it appears like all the other ones they all front the street, so on these other
ones they are all fairly short and this is the only one that is going to be one continuous
spot, other than the street that's right there.
Wanner-Sissler: Sure~ Well, I think, first of all, it's -- that having a school on the side
really is a great benefit in the future~ It's very limiting, because there isn't a lot that you
can do as far as a stub street onto it -- you knowf a school, we wouldn1t want to do that.
So, it is limiting from that perspective. There also is a large ditch that is an open ditch
on the property now. That ditch has to be tiled and placed underground and, of course,
we have had to -- you know, to work out all the engineering to make that drainage flow
appropriately and, then, there is, you know, the open space consideration to take into
effect. I did play with a number of plats to get the best design and I could certainly have
Mr. BaileYf the engineer, you know, address that a little further if you'd like, but I think
that we -- we worked to come up with the absolute best design given the piece of land
that we had to work with and that constraint on that boundary. I guess I would further
say that from -- I think that the exterior elevation of a home has a lot to do with what that
street presence will look like and I work very closely with a local property management
company and also personally look at every home that comes in for approval and we
look for nice stone accents and, you know, nice window treatments and doors and
landscaping and I think thafs another way that you go about giving the right look to it,
you know, to a long street. And so I would certainly, you know, make a promise to the
Council that we will do our best to make sure that the homes on that street have a nice
appeal to them from the. front and they will not look the same and particularly where I
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Meridian City Counc i 1
August 17, 2004
Page 20 of 40
don1t build, I usually work with a team of six to eight builders and that provides for some
nice variety, at the same time providing some continuity. So, I think it will get broken up
just by the nature of the fact that there will be a number of builders also building in there
at the same time.
Nary: Thank you.
Wanner-Sissler: You're welcome.
De Weerd: Council, any other questions? Thank you. Is there anyone else who would
like to provide testimony? Mr. Bailey.
Bailey: Madam Mayor and Council MembersJ my name is David Bailey. My office
address is 1500 East Iron Eagle Drive in Eagle and 11m with Bailey Engineering and
representing Lisa Wanner-Sissler. I did the layout for Lisa on this thing -- on this project
and we actually spent about four months doing it, had about 30 different layouts before
we got to where we were, which 11m real proud of her for, but it was sure a lot of work to
get there, you know, in putting together what we did and did a lot of things and I see -- I
work with quite a few developers and I see the way that Lisa thinks about the way she
puts these projects together and thinking about those looks and those ideas, rather
than, you know, how can I get the max density here, how can I make the thing easier to
build and we try to keep that as part of the design as we go along as welL As far as the
western street on this, we were restricted by the school, but some of the things that we
looked at when we did that is -- J guess the first issue is that it's actually 1,100 feet for
street length~ Now, if you measure the backs of the lots at the corners -- and I think
that's actually the way you measure it, from back of the corner lots, as opposed to the
actual street frontage, it's closer to 1 ,300 feet along there and you have a thousand foot
minimum~ We did break that up with the landscape lot at the south end of this project
and we looked at moving that up, but, as Lisa talked about the irrigation ditch, actually,
the out fall point for that irrigation ditch is there, so that was the most reasonable place
to put that J guess I would point out that the lots -- there are a significant variety of lots
in this, from the 34-foot wide up to 70 and 75-foot wide lots in this project There is a
huge range of lot sizes. The lots on the west side there -- in the southern portion they
are 60 feet wide, instead of the 50 feet wide, what youlre asking in some other areas,
and they are 62 feet wide north of our phase line there along the west side. So, we do
have larger lots to help break that up. The other thing is on the east side of that road
those lots are 115 feet deep and so we have some variation and some ability and they
are still all -- I think there are 54s and 565 around the park and were 60s down in the
lower area there. So, we do have some potential for some variation in some setbacks
and I know that doesn't happen a whole lot by itself, but when we provide that extra
depth on those lots for some different house plans, I think that would help that There is
some opportunity here for us to just curve that road a little bit, make those a little bit
wider on the -- deeper on the west side, but it comes out of our open space park. So,
you know, there would be -- I guess we wouldn1t lose any lots out of the project. I would
have a little problem wittl my space at the top there, if I -- I suppose I could stay away
from that, but getting some reverse curves and a nice look, as opposed to a jog in the
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Meridian City Council
August 17; 2004
Page 21 of 40
road. And we could push that over and just push that into the park area a little bit and
have that road just kind of bend a little bit That might help some. Another thing we
have done in a couple of projects that J have been working on is at the intersection there
we could -- we call it bulging out the corners, where we actually go to a 29-foot street
section at the intersection, so when you get to the intersection the corner comes out and
the road narrows a little bit there to slow the traffic and to provide some visual look in
that area. We have also done some mid block islands on things where we do a small
island that's mid block on that. So, I think any of those would be options. I think -- we
have also done some mid block narrowing, chokers we call them, in the streets of 29
feet. There is no parking allowed in those areas, they meet the highway district
standards, but I usually like to put those at areas where we have a pathway crossing, so
when we have the pathway coming to that point, we have that choker area in there and,
then, we can do a stamped concrete look in that area or something to provide some
good looks~ So, I guess if you require anyone of those, you know, three options, thafs
certainly something we could make happen on the plat~ I'd rather not take any area out
of the open space, because we have got some really good plans for what we are doing
with the open space and like to keep it there. So, if weld want a choker at that
intersection or a choker on the northern or southern portion of that, I think that's
something that we could work into the plan and get it approved through ACHD.
Nary: Thank you.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle~
Wardle: Mr~ Bailey, while I've got you up here as the engineer, this open space here is
a combination drainage and park area. How much of that will be usable dry open
space?
Bailey: We have done the soils testing on the ground out here and we are expecting
that our highest seasonal groundwater levels at about six feet and so we don1t expect to
have groundwater encroaching in any of the pond area~ We have been doing a lot of
work lately in working with ACHD and trying to interpret DEQ's rules as far as how we
do the ponds to avoid the wet ponds and avoid any areas that are going to stay wet,
even from landscaping~ I canlt say we are great at it yet and everybodyls working the
same we are and (1m trying to fix those issues, but we are leaving larger and larger open
spaces. Our goal on what we have been doing on these designs lately is we have an
area where we have a deeper area where the water can come into the pond and allow it
to drain and allow our nuisance water to catch, because you see in any subdivision the
water running down the gutters when it's a hundred degrees out and been dry for three
weeks from people's sprinklers and thafs what's causing most of our wet ponds. So,
we are trying to have a small area for that that we can get to drain easily and, then,
raise the storage level of the pond up so we can make as much of it usable as possible.
SOJ if I were to guess out of that 50, I think we got about 55,000 square feet left in there
and about 10,000 square feet of that or 8,000 square feet of that is going to be a bowl,
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Meridian City Council
August 17 ~ 2004
Page 22 of 40
you know, and it will be landscaped and grassed and the remainder of it would be less
than two feet below the roads that are around that and so it would be a flat area that
would be very usable. ) donlt know if that's too much information or not enough. so I'll
stop there.
Wardle: Madam Mayor, just to follow up -- and I'm trying to do math in my head and not
great at it. Fifty-five thousand square feet, ten thousand square feet, so you1re talking
about 20 percent of this? Twenty percent will be unusable? Or it will be a wet pond,
essentially?
Bailey: We don't intend to have it wet and that's what we are trying to avoid, but it
would not be a flat area that you couldf you know, play ball on. It would be a bowled
area.
Wardle: Thank you.
De Weerd: Okay. Any further questions? Thank you.
Bailey: Thank you.
De Weerd: Is there any further testimony on this item? Okay. Staff, anything further?
Canning: No, malam.
De Weerd: Okay. Shawn, do you have a wrap up?
Nickel: Again, Shawn Nickel. And that 50,000 square feet is just that one open space
area, as opposed to trying to divide that drainage up amongst the three, we wanted to
make sure that we had two of them that were completely dry and just have the one.
That was the combination and, Madam Mayorf the area that Lisa was talking about up
here, I think that's the mediation -- have a mediation area.
De Weerd: A mediation area?
Nickel: Yeah.
De Weerd: Thank you.
Nickel: Have a meditation meeting.
De Weerd: Well, thank you.
Nary: Some people will tell you anything just to get a perk.
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Meridian City Council
August 1.7, 2004
Page 23 of 40
De Weerd: I think just having the mediation area is the sell for me. How about you,
Council? Okay~ We have an open Public Hearing. If there is no further discussion or
questions --
Nary: Madam Mayor?
De Weerd: 11m sorry. Yes, Mr. Nary.
Nary: Mrs. Canning, on the -- on that -- on the street there, the western boundary, that
1 ,300 foot street section, they talked about some alternatives and J assume --
everybody knows I like islands in the road and ies probably because 11m the only native
Hawaiian that's up here, so that's probably why 1 like them, but I donlt really have a
particular preference as to whether or not they do something as suggested, but I just
wondered what your thoughts were as to something to break up that street. It just
seems like a fairly long section of street with houses on both sides that are going to be
fairly close together without really any break, other than that street section in the
middle and I didn't know if you had any input as to how they might improve that
particular portion of this, but --
Canning: Madam Mayor, Councilmember Nary, J have to agree with the applicant, it
would be a shame to lose the large open space, just --
Nary: Oh, yeah~ And I didn't want to do that.
Canning: -- for the sake of an island and, personally, I like the intersection chokers. I
think they have a nice look to them and provide an interesting focal point and slow
people down as well once you get to that point. So, those are nice. I have seen
subdivisions where they are mid block and they are effective as traffic calming devices
and as breaking up that street. I don't think they are as attractive -- sometimes you
wonder -- I wonder what that's doing there. It's seem a little odd, but -- so I think at the
intersection a choker design can be a nice -- a nice feature. Is the Council familiar with
what the applicant is proposing as far as a choker design? It would be similar to like
what you see around the Ada -- the former -- lefs see, the Boise City Hall and some of
the old town ones downtown Boise where they bump out the sidewalk, basically, into
what would be the parking area and wrap it around, so that it's a shorter distance across
the street. So, it might also facilitate kids getting across the street, if they are coming
down through Baldwin Park or Cedar Springs, it would kind of help them across the
intersection, too.
De Weerd: Kind of like what we have on Main Street.
Canning: Thank you. Sorry.
De Weerd: Just thought I'd help you out You know, we have more -- on West Chateau
they had one of those bulb outs and people just drove through them. It was very
confusing to the motorists -- motoring public. So, until you put a fence up there, it does
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Meridian City Council
August I 7, 2004
.Page 24 of 40
cause for a great cut-through opportunity~ I like the chokers that you're talking about.
Mr~ Wardle, did you have something?
Wardle: No, Madam Mayor~ Unless anyone has any other questions, J move that we
close the Public Hearing~
Nary: Second.
De Weerd: )fs been moved and seconded to close the public hearings on Items 10, 11
and 12; is that correct?
Wardle: Yes.
De Weerd: All those in favor say aye~ All ayes~ Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Any further clarification or discussion? Okay. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve AZ 04-014, annexation and zoning for
Sienna Creek Subdivision.
Nary: Second.
De Weerd: It1s been moved and seconded to approve Item No~ 10. Is there any further
discussion? Hearing none, Mr~ Clerk.
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES~ ONE ABSENT.
De Weerd: Thank you. Item 11.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve PP 04-019, preliminary plat for Sienna Creek
Subdivision, to incorporate all stafft applicant, and public comments, including the
discussion of the traffic mitigation for the increased block length.
Nary: Second.
De Weerd: les been move and seconded to approve Item 11 with the noted
amendment Mr~ Clerk.
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Meridian City Counci 1
August 1 7, 2004
Page 25 of 40
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Item 12. Mr. Wardle.
Wardle: Madam Mayor, I move we approve CUP 04-021, Conditional Use Permit for
Sienna Creek Subdivision and to incorporate all staff, applicant, and public comments.
Nary: Second.
De Weerd: )fs been moved and seconded to approve Item 12. Hearing no further
discussion, Mr. Clerk.
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13:
Public Hearing: PP 04-018 Request for Preliminary Plat approval for a
re-subdivision of Lot 2, Tramore Subdivision consisting of 16 multi-family
residential building lots and 3 common lots on 5.7 acres in an L-Q zone for
proposed Roundtree Subdivision by Big View Builders - east of North
Linder Road on south side of East Pine Avenue:
Item 14:
Public Hearing: CUP 04-018 Request for Conditional Use Permit for a
Planned Development for a reduction to 1 Q-feet for the rear setback,
minimum 5-foot side setback, minimum 20-foot front setback and no
minimum frontage requirement for lots within the proposed development
for Roundtree Subdivision by Big View Builders - east of North Linder
Road on south side of East Pine Avenue:
De Weerd: Thank you. I will open Items 13 and 14 for Public Hearing PP 04-018 and
CUP 04-018. We will start with staff comments.
Canning: The applicants have come out of hiding. I was wondering where they were.
Madam Mayor, Members of the Council, this is a request for a preliminary plat approval
of a re-subdivision of Lot 2 of Tramore Sub and the applicants have proposed 16 multi-
family residential buildings and three common lots on 5.7 acres and it is currently zoned
L-O. For reference. the Tramore senior apartment complex is here and, then, just
recently an apartment complex was approved to the east of the property. I can't
remember the name of that new subdivision right now. And, then, there is a church to
the east of that in this area. The applicant is -- there are some significant features, one
being a creek that cuts through the property~ They do have a flag lot that goes out to
Pine Street and, thenf they have the railroad at the south end of the property. This one
is a little bit better. Th~ applicant is proposing the street connection to Pine Street.
They have curved it coming across the creek, so that it serves as a traffic-calming
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Meridian City Council
August 17, 2004
Page 26 of 40
device and they bring it into the subdivision. It is just an internal access, it isn't a street,
it's, actually, just a driveway. You will see the parking areas. There is a significant
amount of open space on either side of the creek. And, then, they varied the open
space and the placement of the buildings as you see here and a fairly large buffer at the
south end of the property next to the railroad track. There is a common area with a
sand court at the central part of the project. There is also a small open space here and
here. And I believe that the -- on the adjoining property there is an open space in this
location and that -- that connects to a walkway. Yeah. And that issue becomes
important with one of the Planning and Zoning Commission's conditions regarding some
window placements on the sides of buildings~ So, I will get to that in a moment~ The
proposed amenities -- this is a planned development and the applicant has proposed
two amenities. One is the picnic area with the sand court in the center of the project, as
I pointed out before~ The other one is that there is -- 21 percent of the site is set aside
for open space. In exchange for those amenities, the applicant is requesting that the
minimum frontage in the L-O zone be reduced from 50 feet to zero feet and, as I
mentioned, the internal circulation is via a private drivewaYt basically a commercial
driveway. It is not a private or public street. And, then, as far as building setbacks, the
minimum requirement currently is five feet per story and, then, a 20-foot on the side
and, then, the 20-foot in the rear. They are proposing five feet on each side, not per
story, and ten feet in the rear. And this is one of those instances where each of these
units will be on an individual lot and so the issue of setbacks -- it becomes a little
awkward. Normally you would consider the setbacks for the property as a whole for an
apartment complex, but because they are requesting individual lots is where the need
for all of these requirements comes from, basically. I did want to spend a little time on
the unit Each of these buildings, as you can see in the heavy dark outline, is actually
four-units. They are up-down units, so each is two-stories. This is the front of the
building~ You will see the four entrances~ One. Two. Three. Four. AndJ thenf this is
the -- actually, the rear elevation and you can again see the four back doors with the
little private covered area. This site may look familiar~ It did come before you earlier
this year and it was denied~ The reason the City Council denied it -- there was five
reasons and 11m going to kind of rush through those. One was that the proposed
roadway configuration, along with the proposed access to the east, would allow cut-
through traffic, causing safety issues for the senior citizen residents of the Tramore
apartment complex. The second was that foot traffic was a safety issue and they -- for
the present residents of Tramore and Sunbridge, which is just to the west, as well as
any future residents that would be in with -- within the future apartment complex~ Three,
the multi-family residential use design proposed was incompatible with the surrounding
Tramore senior complex. And, four, the project did not provide an adequate amount of
private space or open space for each living unit~ And, five, the applicant did not provide
sufficient information as to the compatibility of the multi-family use in this particular area~
The applicant has addressed -- or staff felt the applicant had addressed a lot of the site-
related concerns with the -- they did drop one buildingf so four units they dropped. It did
allow them an opportunity to kind of open up the site design a little more. They did
move the open space to a more central location and tried to make it a little bit more of a
focus of the project. They did try and break up the kind of uniform layout that they had
previously of the units a.nd they did bring back a completely different unit as far as the
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Meridian City Council
August 17, 2004
Page 27 of 40
architectural design and it does have -- ies nicer than the one that they had before. I
think thatls pretty easy to say. And as part of that design they do have the area on the
back door, which allowed for the private open space, where before there had just been
a -- I think it was a 48 square foot concrete pad and so now they have got a little better
defined area. This application does come forward to you with a recommendation for
approval from the Planning and Zoning Commission. At the hearing the applicant1s
representative John Rennison testified in favor of the application. He clarified some
issues regarding the proposed storm drain system and possible traffic calming devices
along the entrance drive. I should mention that 11m sorry. The Planning Commission
spent a great deal of time talking about how to provide some additional traffic calming in
this flag portion of the lot. The applicant has provided this curve in the road. It was
suggested at the Planning Commission that perhaps it might be appropriate to have like
a speed bump or some other physical device in this area. If it were past this primary
entrance to Tramore Subdivision, the fire department could still get in there quickly or
any emergency services. Apparently this entrance is just kind of more for a storage
area, not really the primary area for the apartments. So, if there were a device located
south of that first entrance, then, that wouldn1t affect them very much and it might slow
down traffic in this area. The planner was not able to talk to the fire department about
that and the fire department was not at the Planning and Zoning Commission, they did
not have a representative there. Unfortunately, Mr. Bowers called today and asked me
if there was issues on tonight's agenda and I didn't know that this was an outstanding
issue, so ( told him I didn1t see anything. The way that the condition is worded as ifs
before you now it gives staff a little opportunity to work with the applicant on what would
be appropriate and we would certainly include the fire department in those
considerations, because I know they don1t like speed bumps, so I wanted to point to that
as perhaps some outstanding issue that's not mentioned in the summary sheet. Going
on furthert other testifiers that night were Maxine Johnson representing the Tramore
senior center testified on the application. Again, it centered on the speed bumps and,
then, in general just on how much better the new site plan is compared to the previous
one~ Key issues of discussion were the secondary and emergency access, including
cross-access with the property to the east, Rock Creek Subdivision. And that was one
of the Council's concerns is that in the last proposal staff had been supporting a full loop
through the two apartment complexes. The City Council was concerned about the
traffic issues associated with that. Police and fire have agreed that a swing gate at this
location would be sufficient, so there would be a paved travel surface between the two -
- between the two projects, but there would a swing gate, a locked gate, that would --
could be opened by the fire department, but would otherwise be closed. Andt again, the
traffic calming provisions on the flag portion, storm drainage, and, then, adding windows
to the end of the buildings that are adjacent to common open space lots. And these
would be this elevation here, this elevation, andf then, this one as it opens up here and,
then, this one here. The way that this project is set up right now, each individual
building will have to come in for a certificate of zoning compliance and staff can check
for those -- those individual windows to make sure that they happen to be on those
buildings. It would be on this elevation as you see it. The idea is to get more eyes
looking on those common areas. Each of them has the front windows that -- there is a
fair amount of visibility of those common areas, but it would -- it would just add more
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.Meridian City Counci I
August 17, 2004
Page 28 of 40
and add a closer one if there were one on the side elevations. So, the key commission
additions or modifications to the initial staff recommendation, the Commission added
two site specific conditions. The first condition requires that the applicant work with staff
on traffic calming devices and the second one requires the applicant to install windows
on the second floor of the buildings that are adjacent to common open space Jots. So, I
will end staff's presentation with those issues.
De Weerd: Council. any questions for staff at this time?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: So, Anna, who owns the gate? Is the gate on this property, so ifs their
responsibility that this isn't open, so that the gates aren't left open, so that it becomes a
drive aisle for everybody?
Canning: My understanding is that the fire department would have the key. I'm not sure
that the owner would even have the key. I think it's just the fire department.
Nary: Okay. Thank you.
Canning: And other emergency vehicles.
Nary: Okay.
De Weerd: Do they have a lock box situation or something. Is that right, chief?
Musser: Madam Mayor, Members of the Council, that's usual the situation is we try to
set those up with a knox box format, so that the typical knox box can access and get
either a key out of it or deactivate the lock, so we can swing the gate~ And in rare
instance they are set up so we can also push free on them and drive through them if
need be~
De Weerd: Okay. Thank you. Okay. If there is no further questions for staff, is the
applicant here? Would you like to come forward or -- or not?
Bradbury: Sure.
De Weerd: Were you part of the swearing in?
Bradbury: No, I wasn't.
De Weerd: Is the testimony you provide tonight the trutht the whole truth, and nothing
but the truth, so help you God?
Meridian City Council
August 17, 2004
Page 29 of 40
Bradbury: It is.
De Weerd: Thank you. Please state your name and address.
Bradbury: My name is Steve Bradbury and my office address is 1 015 West Hayes in
Boise. I have been asked by the applicant to present the project tonight I'd like to say
it's good to see you all again. Jtls been a little while since I have been out here.
De Weerd: It's been awhile.
Bradbury: Yes, it has. Anna really did a pretty good job of going through all of the basic
information and I thought summarized the project really well. and even addressed, you
know, most of the -- the change issues, if you will, that I intended to address, but maybe
I can just expand on a couple of things. One of the things that I think would be good for
you to have in front of you are some elevations, so you can see the difference between
the elevations that were proposed when the project was here last time and the
elevations that are being proposed now, the building elevations. It looks like you have
one. She put up one on the screen up there, too~ And other than just showing those to
you, so that you get a good, close look at them, I didn't really have much to say, except
you can see that there are some additional architectural features, both to the front and
to the rear of those building to improve what I understand was something that was not
particularly appealing to the Council when this project was proposed a few months
back. Lefs see. Sixteen building lots, one four-plex each, for a total of 64 units. You
probably will recall that when the project was before you last time there was a proposal
for 72 units total, 18 buildings, so they have eliminated two of the buildings and, thus,
eight of the units, to bring the density down to something that the applicant hopes the
Council will find somewhat more acceptable. Another issue that I understand was
something of a concern to the Council was how the private open space was provided.
And, unfortunately, you didn1t get a very good picture and my drawing of it is so small
that when you have eyes like mine, you can't really -- can't really make it out very well,
but let me try to describe it to you in words. At the back of each of the units is a private
patio, a hundred square foot concrete patio, and each patio will be partially covered,
about two-thirds of it is covered, and if you look at the rear elevation, you can see how
the cover comes out from the back of the building. In between each of the patios is a
six foot high privacy fence and supplemented with landscaping, so that the entire patio
area is blocked either by fencing or landscaping from view to the adjacent patio area
and the intent -- the applicanfs intent is to, essentially, create a visual barrier that
encompasses approximately 200 square feet for each unit, one hundred square feet of
those -- of that area is in concrete patio. So, the hope -- not only to get the visual
barrier, but you have some really nice usable space back behind each of the units as
well. Anna told you that this is accessed by a private drive and there has been
conversation about trying to find some traffic calming devices, in addition to the curve
that's been included in the driveway. The applicant's certainly willing to work with staff
to try to find something that would be acceptable to -- not only to the staff and to the
city, the emergency folks, but also to the neighboring property owners and there were a
Meridian City Council
August 17, 2004
Page 30 of 40
whole bunch of ideas discussed and, hopefully, between the engineering people and
staff you will be able to come up with something that will work. They have talked about
some speed bumps, but there is pros and cons to those, of course, as you know~ We
have talked about something I think maybe itls a speed table, maybe, one of the flat
tops, which in my personal experience are a little bit better than the humps, but the
applicant is perfectly willing to work with the staff to work that one out. I gather that the -
- part of the problem last time through was a concern with cut-through traffic from
across this property and the adjacent property. Andf of course, thafs been solved, I
gather, by making that connection an emergency access only with the gate that has just
been discussed and so that should help quite a little bit. With respect to foot traffic and
getting people back and forth, in addition to the sidewalks along each of the drive aisles,
the applicant is proposing a sidewalk -- right Thank you, Anna~ A sidewalk along the
south side of the Nine Mile Drain and staff had asked for a small extension to be made
on the west side up -- yes, up in that area -- of a sidewalk to connect the property over
to the neighboring property to the west and the applicant has agreed to include that as
well. Ifs only like I think 12 feet long, something like that. But that will help to get that
continuity all the way across all of the adjacent properties. As I said with respect to the
density, which I gather was an issue, they have reduced that down some from the 72
down to 64, which I understand is comparable to the project that was approved here not
too awful long ago on the adjacent property, which, as I recall, is called Rock Creek, I
think. Is that right? Anna could come up with -- so, it seems to me that with respect to
the compatibility issue, maybe that question is perhaps answered by the fact that the
Council has recently approved a very similar project right next door. I talked about the
private open space. I have given you the elevations, so that you can see the
architectural features and those changes. I guess the only thing I'd have left to add is
just that the applicant is satisfied with the conditions of approval in the staff report,
including those recommended by the Planning and Zoning Commission. And with that I
will respond to any questions, assuming they are not too hard.
De Weerd: Council, questions? I guess I just have one about the sand box. You know
-- well, apartments are notorious for feral cats, because dumpsters are oftentimes Jeft
open and I guess the sand pit would be of concern how it's finished off, how it's
maintained, and that sort of thing. And I am serious. We do have problems with cats in
apartment complexes.
Bradbury: Do you have a -- do you have a suggestion or something? It's on common
area, so it will be owned and maintained by a homeowners association. And I guess 11m
not sure -- I understand your problem. I have young children and I have a sand box in
my backyard, so ( know exactly what it is you're talking about, and I suppose the best
answer I can give you is that since there is a body, there will be a management body
which will be in charge of maintaining all of the common elements, including that -- you
know, that sand area, like I say, I hope that the association would do a good job of
taking care of it If you have got some thoughts about some sort of -- you know, some
treatment or something that might be included, we -- I know the applicant would be
happy to try to take that into account and do something with it.
~~
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Meridian City Counci 1
August 17, 2004
Page 31 of 40
De Weerd: Certainly none I am familiar with~ J just know that that can be a problem and
is it -- how is it laid out? Is there a border? You know, is it --
Bradbury: Boy, I knew -- you seef it was only going to take one question for it to be too
hard for me~ You know, ) might have to defer to the engineer John Rennison or the
applicant, but my suspicion is we haven1t gotten down to that detaiL Any ideas, guys?
It's kind of what I was afraid of. Would you like to suggest -- or have staff put together
some conditions to address that particular amenity? Because I don1t think we would
have any trouble with that.
De Weerd: Wellf it just seems like -- I have gone on one walk through on an apartment
complex and where there wasn't much specific on that area, it seemed like there was
some real lacking in that area and so I guess once you walk through and there is not
real specifics to it, you kind of want to see that there is something that can be applied~
Now, the sand area is one of the amenities in the open space~ What was -- what else
was --
Bradbury: Oh, there is a covered picnic area as well, which doesn1t show. Anna, can I
borrow your pointer or can you point to where the --
Canning: There is one on your podium there, if you move your --
Bradbury: All right.
Nary: You haven't sued us in awhile, that's why you --
Bradbury: Why do you think 11m here tonight?
Nary: Well, we know~
Bradbury: Right. Have I got it right, John? Right there where the picnic area goes? J
really didn't mean that. Right in that area there~ That picnic area~ You see, you got me
so nervous now I can't stop shaking~ I can1t even point.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I mean I think you have raised a good concern thatls very valid and there may be
even some health concerns about that, but I don't know that we can solve that I guess
what I would ask -- and if the applicantls agreeable, is certainly through the applicant
and the planning staff they could see if there are -- I donlt even know what of kind
conditions you could put on that~ 11m assuming it's not something that's unique, so itls
probably been at least thought about in another areas and maybe between now and
then we can figure out some conditions that are appropriate to address that, if there is
any, between yourself and maybe with the planning staff's assistance or maybe with the
.Meridian City Counci I
August 17, 2004
Page 32 of 40
parks department's assistance as well, becauseJ obviously, they deal with that with
playground equipment, but they use different material than just sand and in a sand
volleyball court there isn't as many things you can use, but I donlt know that we can
solve it tonight, but I think it's -- as long as you're amenable to them looking at some
possible conditions to that, I think that's --
Bradbury: I'm sure the applicant won't have any problem with that. We would be happy
to work with staff to try to find a solution to that problem.
De Weerd: Perhaps you could maybe point out where the garbage dumpsters are.
Bradbury: Yeah. I couldn1t.
De Weerd: You couldn1t?
Bradbury: John knows. Can I defer to the engineer?
De Weerd: You certainly can~ Is there any other questions from Council before Mr.
Bradbury leaves? Okay.
Bradbury: Great Thank you very much.
De Weerd: Thank you. Were you sworn in?
Rennison: I wasn1t either.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Rennison: It is.
De Weerd: Thank you. Please state your name and address.
Rennison: John Rennison. 128 South Eagle Road in Eagle. And the trash enclosures
are -- there is one there and one there and one there down here. And, then, we also
have this area here reserved for a trash enclosure, too.
De Weerd: And, Anna, Sanitary Service, did they comment?
Canning: Yest ma'am, they did. You will notice the one to the south is kind of angled a
little bit and that was so that they can get in and get out of there. My understanding is
that they have approved this layout.
DeWeerd: Okay. Thank you. That's alii have.
Rennison: Thanks.
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Meridian City Council
August 17, 2004
Page 33 of 40
Canning: Madam Mayor, Members of the Council, as staff we are not familiar with a
whole lot of options regarding sand volleyball courts~ If the Council could leave it open
for maybe the applicant to do some research, 11m sure some community in California
has probably addressed it at some point, you knowf but -- and maybe leave the
applicant the option of doing some other activity court if they canlt address the concerns
raised by the Council, such as a basketball court or just some hard surface court, rather
than the sand court, and there may be other options like there may be some form of
bark that would still work, assuming people didn't participate barefoot, it makes diving
for a ball a little tough, but I think staff can work it out with the applicant, like prior to the
first CZC application that the applicant address this issue with staff.
Nichols: Madam Mayor?
De Weerd: VeSt Mr. Nichols~
Nichols: Madam Mayor, Members of the Council, perhaps the condition would be that if
the sand pit becomes a health concern, that the property owners association would
convert the sand pit into a different amenity, perhaps a hard court amenity. It would be
the property owners association who owns that common lot to have the responsibility to
take care of it. It would be an expense to them at that pointf but it would only be if the
sand pit becomes some sort of health issue because of feral cats or other associated
problems. Perhaps that would be a way to take care of it
De Weerd: Okay. Thank you. Mr~ Nichols.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: And I was going to suggest, too, just for some alternative ideas, I mean there are
certainly a number of these in local complexes in both Meridian and Boise, as well as
places I can think Of9 Red Robin down by Park Center pond has an outside sand
volleyball court. So does the Sports Zone or something like that by Edwards. Same
thing~ So, I'm sure that they have addressed this and maybe there isntt an answer~ I
mean they may all say the same thing, that they just deal with it, but, you know, to find
some alternatives or some ways at least address it, so it doesn't become a health
hazard, I think thafs probably the easiest way to address that, so --
Canning: Madam Mayor, Members of the Council, Mr~ Nary, Mr. Nichols, (1m not sure if
staff could ever make the finding that it was a health concern. Maybe if there are
complaints from the residents that might be the best way to go, because thatls what's
going to happen is one of the residents will call and complain that there is a problem
and -- but do you trigger it to one complaint? I guess (1m not sure quite how to work with
that one. We may not be able to enforce it, but --
/J ..
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Meridian City Council
August I 7 j 2004
Page 34 of 40
Rountree: Madam Mayor?
De Weerd: Mr. Rountree~
Rountree: My preference would be we take care of the issue now~ It's going to be an
issue. To me there is another -- there is other solutions, another hard surface, another
feature that could be usable by the future residents of this complex, some kind of an
activity center for children, something other than just a sand box~ But J would just as
soon have that taken care of now and not have staff become the health department and
have the city have to field complaints, those kinds of things~ I don1t see that this project
gives a whole lot in that regard anyway, so I would be inclined to think that as part of the
planned used that there ought to be some planned use in the complex.
De Weerd: Mr. Nary?
Nary: And) guess I don't disagree with Councilman Rountree, other than J guess I
wasn't ready today to say nobody could put a sand amenity in their common area and I
know we have approved other ones and we have happened to raise the issue today that
I think is a legitimate issue, I just don't have a way to really put my hands around it very
well and say, well, can1t have one now and now you just have to put a hard court of
some sort, which is an additional expense and I don't really have a real good sense as
to when or if it might ever become an issue. So, I agree that it may become one, but I
guess I just wasn1t willing to say today, from now on we are not going to approve
anybody that wants to do that, since we have approved other ones.
De Weerd: At some point -- I don't know. I don't think we have had a sand pit in front of
us since I have been up here and I guess the reason I raise it is I was the apartment
coordinator in married student housing at Washington State University and those sand
pits are just -- they are disgusting~ And they become hard and they become nasty and
they are just -- they can get really disgusting~ So, I don1t see it as an amenity, but,
again, that's from personal experience. And as has been raised, there are other ones
somewhere, so someone must have figured it out. Mr. Wardle.
Wardle: Madam Mayor, just to defend sand pits -- and from my personal experience, I
lived for a number of years at the University of Idaho with a sand pit and didn't have
those similar experiences and have known many in the community to not have those
experiences. I believe itls probably tied to the upkeep of that area, but I -- my personal
opinion is all sand volleyball pits --
De Weerd: Are you saying WSU didn't take care of it like the U of I did?
Wardle: I would never infer that. However, my experience was certainly different than
yo u rs.
De Weerd: Okay. Well, .we still have an open Public Hearing. Would the applicant care
to comment on any of this? If you will just restate your name.
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Meridian City Council
August 17, 2004
Page 35 of 40
Rennison: Yeah. Madam Mayor and Council, John Rennison. live got a great idea.
We could put a mote around it and that would solve itf but --
De Weerd: So easily solved.
Rennison: Actually, we do have another idea, if the Council would hear us out here~
Heres to the sand volleyball courts. I spent some time up there and I am from U of I
and not everybody was completely --
Wardle: Thank you.
Rennison: Yeah. Okay. So, we have got a suggestion. The sand volleyball court is
here. There is more than ample room to accommodate an additional amenity and we'd
like to offer that here this evening to work in this same space to add a half courtt hard
surface, to help remedy the situation and jf there does become a situation with the sand,
then, it can go away. It can be put into grass with very minimal expense to the HOA
and solve the problem, if it did arise, but I think we would like to afford the future tenants
here the opportunity to use the sand court and so if that might be a suggestion, we
would offer that at this time.
De Weerd: Thank you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: To follow up Councilman Rountree's comment. I mean wasn't it anticipated that
this was going to be like with a family sort of housing. J mean there isn1t really anything
for young children in this, you know, like a tot lot or those kinds of things, but 1 don't
know what youlre really intending this type of facility to really be marketed for. Is this
just more young adults or is it families -- I guess sometime based on the size it's usually
going to be one or two people or maybe just one child, but I didnlt know what your
intentions were, since there weren1t really anything towards younger children towards --
in the common area.
Rennison: Well, I don't know that I can answer that question directly. I don't that the
marketing campaign really focuses on one particular age group, so --
Nary: Thafs fine. Thank you.
Rennison: Any other questions?
De Weerd: No. Thank you~ 11m sorry I threw that whole discussion in there.
Nary: Half an hour on a sand box.
.Meridian City Council
August t 7, 2004
Page 36 of 40
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just a comment on the elevations of the building. I think the applicant's done a
wonderful job bringing the new elevations back. I believe that the comment heard --
and might have even made at the last siting of this project was barracks and the lack of
open space and I think they have done a nice job addressing all of those individual
concerns that we had.
De Weerd: Anna, on the northern side of the property along the creek is that -- is there
a path amenity?
Canning: Madam Mayor, Members of the Council, my understanding is that there is a
path just about right here. Ifs ten -- five to ten feet off that northern property line. It was
built on the Tramore one. The extension that we were talking about would take it from
kind of this point right here over across like that.
J
De Weerd: Okay~ But Rock Creek, where is their pathway? Didn't they have a path
amenity?
Canning: They connected to the pathway on the north. Their property goes the full
length up to Pine. So, their pathway did connect on the north.
De Weerd: Okay. So, the path is on the north side?
Canning: Yes.
De Weerd: Okay. Okay. Any other questions from Council? Mr. Bradbury, do you
want to have further comments?
Bradbury: Only if you have questions for me.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle4
Wardle: Hearing no further discussion, 1 move we close the public hearings.
Nary: Second,
De Weerd: It's been moved and seconded to close the public hearings on Items 13 and
14. All those in favor say aye. All ayes. Motion carries.
Wardle: Madam Mayor?
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Meridian City Council
August 17, 2004
Page 37 of 40
De Weerd: Mr.Wardle~
Wardle: I move that we approve PP 04-018, preliminary plat for Roundtree Subdivision.
Nary: Second.
De Weerd: It's been moved and seconded to approve Item 13. Is there any
discussion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree~
Rountree: There was an offer of additional amenities~ Does the motion include that?
Wardle: Just ask Mr. Nichols if thafs the proper place or if the CUP would be a better
place for that.
Nichols: Madam Mayor, Members of the Council, I think the Conditional Use Permit is
where you want to include that
Rountree: Okay.
De Weerd: Okay. Thank you~ Anything further? Okay. Mr. Clark, will you call roll.
Roll-Call: Bird, absent; Rountree, yea; Wardle) yea; Nary, yea~
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay~ Item 14.
Wardle: Madam Mayor?
De Weerd: Yes.
Wardle: I move that we approve CUP 04-018, the Conditional Use Permit for
Roundtree Subdivision to include all staff, applicant, and public comments, including the
addition of an additional amenity and the concerns addressed of the sand volleyball
court.
Nary: Second~
De Weerd: And that additional was a half court; correct?
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M.eridian City Council
August 1.7, 2004
Page 38 of 40
Wardle: Yes. Half court basketball court.
De Weerd: Okay. Any further questions? Mr. Clerk.
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15:
Water, Sewer and Trash Delinquencies:
De Weerd: Thank you. Okay. Item 15 is the sewer, water, and trash delinquencies.
This is to inform you in writing, if you so choose, that you have the right to a pre-
termination hearing at 7:30 p.m., Tuesday, August 17th, 2004, before the Mayor and
City Council to appear in person to be judged on the facts and to defend the claim made
by this city that your water, sewer and trash bill is delinquent. You may retain counsel.
Your service will be discontinued on August 18th, 2004, unless payment is received in
full. Is there anyone present who wishes to contest his or her water, sewer, and trash
delinquency? Hearing no response, I guess you can't hear responses from --
Rountree: From no one4
De Weerd: From no one. They are hereby informed that they may appeal and have the
decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho
State Code. Even though they appeal, their water will be shut off. The amount of the
turn-off list is $23,426.31. Council, do I have a motion to approve the turn-off list?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree~
Rountree: I move that we approve the delinquency turn off schedule for August 18th in
the amount $23,426.31.
Nary: Second.
De Weerd: It's been moved and seconded to approve the turn-off list Mr. Clerk, will
you call roll.
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 16:
Ordinance No. 04-1095 : RZ 04..006 Request for a Rezone of
16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4
by Sutherland Farm, Inc. - east of South Eagle Road and north of East
Victory Road:
Meridian City Council
August 17, 2004
Page 39 of 40
De Weerd: Item 16 is Ordinance No~ 04-1 095~ Mr~ Clerk, will you, please, read this
item by title only?
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1095, an
Ordinance finding that the owners Sutherland Farm, Inc~, for certain real property has
made a written request for rezone of the zoning classification for real property located
approximately one half a mile south of Overland Road on the east side of South Eagle
Road, Meridian, Idaho, and lies within the boundaries of the City of Meridian from R-4,
Low Density Residential District Zoning District to R-8, Medium Density Residential
District as defined under Meridian City Code Section 11-7-2,0, repealing all ordinances,
resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer
to add said rezoning designation to the official maps of the City of Meridian, Idaho.
De Weerd: Thank you. You have heard this ordinance read by title only~ Is there
anyone who would like to hear it read in its entirety? Thank you, Frank. Okay.
Cou ncil?
Wardle: Madam Mayor?
De Weerd: ML Wardle.
Wardle: I move that we approve Ordinance No~ 04-1095 with suspension of rules.
Rountree: Second.
De Weerd: Ifs been moved and seconded to approve Item 16. Mr~ Clerkt will you call
roll.
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Council, I have a request by Vern Uhlman to be placed on the Council
agenda to discuss an area in our Old Town that has to do with a ditch that his -- that he
feels we have responsibility for and I have asked Gary to do some research on it and
discuss it next week. But, apparently, we have an ordinance that has us as the enforcer
to ditches when they get plugged and I have no idea what our enforcement is of that,
but we will ask Mr. Smith to report back next week and perhaps when we need to look
at getting out of the enforcement arena for clogged ditches. So, if you don1t mind, we
will add that to the agenda.
Nary: For pre-Council?
De Weerd: Yeah.
.. . ... . ... . .. .. ....... : ... .. . ................ .....:.. . . . .. ..... .. . .. :.......... :. ... .. ....... .. .... .. : . . . . .: ... . . ... ........ .. ... . . ... . ... ... ........ ........ . . . ... : . .. .. . . .. .. : . .. .. . .. . .. . : .... . . ..: . .. . .. . . .. : . .. .. . . .. . .. : . .. : . . ......... .. . . . . .. . .. .. . . .. . . . . . . .. . . . . .. ... . . .. .. .. .. ... . ... . .. .. . .. .. .. . .. ........ .. . . ......... .. . :......... or. .....,:.... .:: :::.
.......... .
... . .
(.
Meridian City Council
August I 7, 2004
Page 40 of 40
Nary: I mean as long as we can give Mr~ Uhlman time to have notice, but, Madam
Mayor, if it's all right, we will maybe do that at pre-Council. I don1t know if we are full up
next week or not. I donlt think we are, but if we can't do it next week, it will have to be
two weeks, we will try to get it done.
De Weerd: Okay. Mr~ Semanich is also going to be a guest next week at pre-CounciL
Nary: I think we are glad we don1t televise these meetings, but, yes, I think at pre-
Council Mr~ Semanich wanted to talk about his property off of Ustick and whether or not
he could attach to the sewer.
De Weerd: Okay~ Is there anything further? Okay~
Wardle: Madam Mayor?
De Weerd: Mr. Wardle~
Wardle: Move we adjourn.
Nary: Second.
De Weerd: It's been moved and seconded to adjourn~ All those in favor say aye~ All
ayes~ Motion carries~
MOTION CARRIED: THREE AYES. ONE ABSENT~
MEETING ADJOURNED AT 9:14 P~M.
(TAPE ON FILE OF THESE PROCEEDINGS)
g / $1 I f) 4r
DATE APPROVED
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ATTEST:
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(. .
August 13, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 17,2004
ITEM NO.
3
REQUEST Executive Session per Idaho State Code 67-2345(1) (f)
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:
SEnLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
rv()
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
c.r....... .
August 131 2004
MERIDIAN CITY COUNCil MEETING
APPLICANT
August 1 7, 2004
ITEM NO.
5.8
REQUEST Waterline Late Comers Agreement - Debgar, LLC (dba Bodily RV Center)
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE OEPT:
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:
OTH ER:
See attached
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
. . . . .
: .: City. of. Mericlic;tn:.:.: ::..:::.:.../.:.::..:.....:.......... :... ....:.:
:..... .:.. PIJ.~.I.ic: 1AffJ.~~.::.:.~.~~.~:~...:..... -: ........:.... .
RECEIVED
AUG 1 0 2004
City of Meridian
City Clerk Office
To: Mayor De Weerd & City Council
From: Bruce Freckleton
cc: File, Gary Smith, PE, City Clerk
Date: 08/09/04
Re: August 17th City Council Meeting Agenda Item
The Public Works Department respectfully requests that the following item be placed on the
August 17th City Council Consent Agenda, for Council's consideration:
Waterline Late Comers Agreement - Debqar1 LLC (dba Bodilv RV Center) This request is
for Council's final approval and authorization of Mayor and City Clerk to execute the late
comers agreement that we were instructed to prepare with your approval on March 23,
2004.
Copies of the executed agreement documents are enclosed for you consideration.
Recommended Council Action: Approve the Waterline Latecomers
Agreement with Debgar, lLC, and autorize the Mayor and City Clerk to
execute the agreement on behalf of the City of Meridian.
Thank you for your consideration.
. page 1
(...........
.. -. . . ... .. . :: .. . ... .. . . :. ........: :...... : ... .. . ..: . ....... . ... . . . . ... .. .. .. .. . . .... . ..
. ... . .. .. . .
. .
City of Meridian .... ...
P.ublic Works .Dept.
To: Mayor De Weerd & City Councif
From: Bruce Freckleton
cc: Fife, Gary Smith. PE, City Clerk
Date: 08/09/04
Re: August 17th City Council Meeting Agenda Item
The Public Works Department respectfully requests that the following item be placed on the
August 17th City CoUncil Consent Agenda, for Council's consideration:
Waterline Late Comers Aqreement - Debqar, LLC (dba Bodilv RV Center) This request is
for Council's final approval and authorization of Mayor and City Clerk to execute the late
comers agreement that we were instructed to prepare with your approval on March 23,
2004.
Copies of the executed agreement documents are enclosed for you consideration.
Recommended Council Action: Approve the Waterline Latecomers
Agreement with Debgar, LLC, and autorize the Mayor and City Clerk to
execute the agreement on behalf of the City of Meridian.
Thank you for your consideration.
. page 1
(.'.' ..... .. .
;.~
WATERLmELATECO~RSAGREEMENT
DEBGAR, LLC EXTENSION
DEBGAR, LLC
This Waterline Late Comers Agreement ("Agreement") made and entered into this
day of
2004, by and between DEBGAR, LLC, an Idaho limited
liability company, hereafter referred to as "Developerlt, and the CITY OF MERIDIAN,
hereafter referred to as n City" .
WIT N E SSE T H:
WHEREAS, the City limits extend south of Overland Road, but .prior to this
. Agreement and the. construction referred to herein, such area was not provided water service by
the City; and
WHEREAS, the Developer constructed a waterline. from an existing waterline to the
area north and south of Overland Road, and e~t of Linder Road, which area is depicted in
white in "Exlribit A", attacheq hereto and incorporated herein, which water line is able to
provide service to land south of Victory. Road, and east and .west of Eagle Road to the entire
area depicted in white in Exhibit "A" (the "Total Service ~ea") ; that the Total Service Area
is approximately 90 acres which, if developed lUlder the land use density projections shown on
Exhibit UB n, which is attached hereto and by this reference incorporated herein as if set forth in
WATER LINE LATE COMERS AGREEMENT
. .... ... . .. .. . .. ...:....:.:.... . . .: .....~ :. :.:..:.:-":.: ;.:.
f.
full, ~ith land use densities shown on Exhibit fiB", there could be 498 equivalent residential
units (ERU) in the 90 acres; that the Developer's site consists of '72 ERU; that on the land not
included in the Developer's site but within the Total Service Area, there could be 426 ERU;
and
WHEREAS, the water line constructed by the Developer will benefit land other than
only the land developed by Developer; that the land that can be served by the said water line
depicted in white in Exhibit "An; that the developable land that can be served by the water line
could contain 498 ERU's; that the existing developed areas that eventually connect to the
water line serviced by the City will be subject to the latecomer fees described herein; that 50%
of the land located within the Total Service Area, excluding the Developer's site, would be
developed in ten years, the term a Late Comers Agreement is allowed to run, and
WHEREAS, the total cost of constructing the said water line borne by the Developer
was $56,851~16; whereas the water line will benefit the Developer's site, which could contain
72 ERU's, or 14.5% of the Jotal area to be benefited by construction qfthe water line; therefore
the cost to Developer to construct the water line to his own site would be $8,219.44; that by
subtracting this amount as the total Developer's cost share, the total cost to all ~ate comers is
$48,631.72; and then adding 5% for the City Administrative Fee; and then dividing by 50% of
the remaining number of ERU's that could be served by ~e water line; and there should be a
Late Comers fee of $239.73, adjusted annually, per ERU as shown in Exhibit "e", attached
hereto and incorporated herein; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter
WATER LINE LATE COMERS AGREEMENT
into water line extension and reimbursement agreements and that sectio~ further provides that
water users who subsequently connect to. the extended water line(s) shall be charged an eight
(8) inch diameter water line equivalency fee; said fees are in addition to the connectiop. and
user charges normally assessed a us.er due to the fact the user has not con1ributed to the cost of
the extended line; the above fee is hereafter referred to as ULate .Comer Fee"; the above
ordinance section provides that the late comers fee may be used to reimburse the person or
persons so extending the water line(s).
WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to
charge a Water Construction Equivalency Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward the costs and expenses of
constructing a water line, whether that construction has been performed by the City, a local
improvement district or a private entity, or combination thereot: and who subsequently desires
to connect to the City water system, shall be required to pay an additional connection charge
which shall be mown and referred to. as the "Water Construction Equivalency Fee" .
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1 " The above recitals are contractual and are incorporated herein as if set forth in
full.
2. That the Developer has paid for engineering, planning and construction of the
water line depicted by the dashed red line in Exhibit "A", and which will benefit the Total
Service Area also shown in Exhibit "AU.
3. The Developer has contributed $56,851.16 to total construction costs of the
WATER LINE LATE COMERS AGREEMENT
: .. ....:....:.. ....:..: .~:.:.:.;..:~:.: :..
/
(
said water line, of which Deyeloper is entitled to be reimbursed the sum of $48,631.72, plus
interest defined in paragraph 5 below, which represents land in the Total Service i\rea that
could be served by the water line but is not mcluded in Developer's site.
4. That for all land within the Total Service i\rea, excluding the Developer's site,
connecting to the water line referred to in Exhibit HAil after the date of this Agreement, the
City will charge the sum of $239.73, adjusted annually, per ERU as shown in Exhibit "C";
such users shall hereafter be referred to as "LATE COMERS"; that the charge is the Water
Construction Equivalency Fee authorized in 9-1-12 and established by this Agreement, which
fee shall herein be referred to as "LATE COMERS FEElY; the fee is in addition to any other
water charges for connection to the water system; the computation of the Late Comers Fee is
shown on Exhibit "ell.
5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "DEBGAR, LLC WATER EXTENSION
PROJECT REIMBURSEMENT ACCOUNT.rI The City shall deposit the LATE
COMERS FEES to the DEBGAR LLC WATER EXTENSION PROJECT
REIMBURSEMENT ACCOUNT on a quarterly basis. The unpaid principal balance of the
reimbursement sum of $48631 ~ 72 shall increase annually at a rate of six percent (6%) to be '
accrued at the City's Fiscal Year End on September 30 (9/30) each year for the term of the
Agreement.
6. That the LATE COMERS FEES assessed, which will go into the DEBGAR,
LLC WATER EXTENSION PROJECT REIlVIBURSEMENT ACCOUNT, shall be
WATER LThffi LATE COMERS AGREEMENT
. . . . . .. . .. . . .... .. .. .. .. ... ...... ........ ..... ... .. .... .
. .. .
. ... .
. ............ .. .........:. .. ... . ... . ..... ..
(~.:~....
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. .
adjusted annually, at a rate of 6% per annum as shown in Table I of Exhibit "e".
7.. That the late comer fees shall be collected by the City from all users in the
Total Service Area, excluding the Developer's site, connecting to the water line shown in
Exhibit IFAn, after the date of this Agreement.
8~ That the City shall charge the BODILY RV WATER EXTENSION
REIMBURSEl\1ENT ACCOUNT the 5% fee authorized by 9~1-13.
9 · That the City shall have prepared on an annual basis an audit of all fimds
collected pursuant to this Agreement, which audit shall coincide with the general audit of the
City; that the cost of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the water line(s) depicted by the dashed red line in Exhibit "An
is the property of the City and shall henceforth be maintained by the City at its sole cost and
expense.
11. The term of this Agreement shall be until Developer has been reimbursed the
principal sum of $48,631.72, plus interest, as determined pursuant to Paragraphs 3 and 5 or, if
this is not achieved, for a period of ten (10) years or, until such time the water line described
herein is abandoned. If the Developer has not been reimbUrsed the principal sum of
$48,~31. 72, plus interest, after ten (1 0) years from the date of this Agreement, this Agreement
may be renewed by mutual Agreement of the City and the Developer, at such time as the City
ordinance allows for extension of a ten year time frame. If the City does not amend this
ordinance, then this agreement shall have a ten year life span~
WATER LINE LATE COMERS AGREEMENT
. . . . ::....
. .. ... . ... ....... . . .... .......".. .. ..~.:... .:. .":.: .-:~. ;;:-;
12~ This Agreement shall be binding on the assigns and successors of the parties
hereto.
DATED this _ day of
, 2004.
BY:
CLERK
ArrEST:
Approved By City Council:
DEBGAR, LLC
(corporate seal).
WATER LINE LATE COMERS AGREENIENT
. . . . .
. .. . ... .. ... ........ ..........:.... ... .... .....: ......:::.
STATE OF IDAHO,)
SS~
County of Ada, )
On this _ day of ,2'004, before me, the undersigned, a Notary
Public in arld for said State, personally appeared T.A1vI1vr( DEWEERD and WILLIAM G~
BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN,
Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF
l\iERID IAN executed the same.
~.
--; ~ .. ,.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written~
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY C01V11vIISSION EXPIRES
STATE OF IDAHO,)
SSe
COlUlty of Ada, )
On tbi4J day of ,2004, before !TIe, the undersigned, a Notary Public in
and for said State, personally ppeared GARY BODILY, known to me to be a Manager. of
DEBGAR, LLC, and who executed the within instrument on behalf of said limited liability
company, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I ,have hereunto set my hand and affixe~ my .official seal
the .day and ear first above written~
WATER LINE LATE COMERS AGREEMENT
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"EXHIBIT en
DEBGAR,LLC
WATER LINE LATE COJVlERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
Total Service Area =
90.00 Gross Acres
Latecomers Area = Total Service Area - Developerfs Area
TOTAL SER VICE AREA PROJECTED ERU's.A I
.498
%OF
TOTAL
100.0
DEVELOPER'S AREA PROJECTED ERU~~.I
72
%OF
TOTAL
14~5
LATE COMER'S PROJECTED ERU's: I
426
%OF
TOTAL
85.5
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION.
$
56,851.16 Verified from Billings
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION..
14.5% x $56,85.1.16 = $8,219.44
PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT: .
Total Service Area (1 00%) - Developer's Percentage = Percentage Eligible = 85.5%
85.5% X $
56,851.16
$48,631.72
LATE COMER FORMULA:
(Eligible ReimbursementJLate Comer's Service AreaERU's = Late Comer Fee per ERU)
$ 48,631.72 = $114.16
426.00
c
fV ..
(,....: ..
REIMB URSEMENT BASIS:
Assume payback period often years and an overall growth rate of 50%
within the Late Comer area over that ten years~ The Adjusted Late Comer
fee per ERU =
$ 114.16
50%
=
$228.32
ADMINISTRATIVE FEE.~
An administrative fee will be added to the latecomer fee to cover costs to the 5%
Latecomer Fee wi City Administration C~st:.
$228.32 x 5% = $239.73
REIMBURSEMENT SCHEDULE:
The Developer paid the costs of installing the water line. The Late
Comer fee paid by each parcel, or portion thereof, who connects to the
subject water line will be paid per the above agreement
The fees assessed to each latecomer shall be adjusted annually on
October 1st, at an annual percentage rate of 6%
The latecomer fees shall be:
Effective Date Latecomer Fee per ERU
October 1, 2003 $239.73
October 1, 2004 $254.12
October 1, 2005 $269.36
October l,2006 $285.53
October 1, 2007 $302.66
. October 1, 2008 $320.82
October 1, 2()O9 $340.07
Octob~r 1, 2010 $.360.47
October 1, 2011 $382~ 10
October 1, 2012 $405~O3
Table I
\. ..
August 13,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
RZ 04-006
August 17/2004
ITEM NO.
5-C
REQUEST First Amendment to the Development Agreement - Request for a Rezone of 16. 1
acres from R-4 to R-8 zones for Sutherland Farm Subdivision No.4 - east of South Eagle Road
and north of East Victory Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A TIORNEY
CITY POLICE OEPT:
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:
OTH ER:
contacted:~a(~~1 R u-{(~ Date: 'i/lle(oLj Phone:
Emailed: ~I-IL~K ~ (%? j lAb ~ el}""? Staff Initials: Jl<.
Materials presented at public meetings shall become property of the City of Meridian.
See attached Development Agreement
. . .
. . . . . . ... .. .......... ..:..: ......
"f;
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/01[.:.. .'1 :51 PM
DEPUTY Neava Harley
RECORDED-REQUEST OF
Meridian CUv
AMOUNT .00
36
I111I I1II I /111 III II I1I1 I II I II , , III 1/1
104112888
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(ORIGINAL DEVELOPMENT AGREEMENT CASE NO. AZ-02-004
NOW FOR NEW CASE RZ-04-006)
PARTIES: 1.
2~
City of Meridian
Sutherland Farm, Inc~, an Idaho corporation, Owner/Developer
The following is an addendUln to that certain Development Agreement between
the City of Meridian alld Sutherland Farm, Inc~, an Idaho corporation, Great Sl(y,
Inc~, an Idaho corporation, Hill Way, Inc~, all Idaho corporation, and Shannon's
Fine Food & Spirits, a California corporation, and specifically to section 6~ of the
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROEPRTY, ,
which is subseque.nt to the entering into of the original development agreement
dated November 4, 2002, and recorded in the Ada County Recorder's office as
Instrulnent No. l02143307~
The parties hereto agree as follows;
A. The Developluent Agreement dated November 4, 2002, as it pertains to 6.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY, is l1ere.by
amended.
B. It is agreed between the "City" and "Owner/Developer" that the
development project of SutherlaJ.ld Farm Subdivision No~ 4 s11alI be fully incorporated
into the original development agreement with Slltherland Farm, Inc., an Idaho
corporation, Great Sky, Inc., an Idaho corporation, frill Way, Inc., an Idallo corporation,
and Shannon's Fille Food & Spirits, and shall now include the 16.1 acres with the R-8
zonillg~ Additionally, tIle conditions and requirements that were required within the
original development agreemel1t, of which a copy of said original Development
Agreement is attached Ilereto as Exhibit A, and by this reference il1corporated herein as if
set forth ill full and Cu( c;isting of fifty-three pages, and by this First Amendment to the
Development Agreement to additionally include the conditio.us and requirements of the
Rezone (RZ-04-006), Preliminary Plat (PP-04-009), and Conditional Use Permit (CUP-
04-009), and all said conditions and requirements shall apply to tIle Sutherland Farm
Subdivision No.4.
Tl1erefore, the ."OWller/Developer" shall comply with the following additional
COllditions as follows:
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT CAZ-02-004) _ ]
c..
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Owner/Developer" shall develop the "Property" in accordance with the foIlowillg
special conditions:
A~ Adopt tIle report of the Ada County Highway District dated April 2, 2004
which report lists site-specific requirements, conditions of approval and street
improvements, which are required.
B. Adopt the Recommendations of tIle Parks Department as follows:
1. Pathway and Trail Standards: The proposed pathway and/or trail
shall meet the standards as set fortll in the August 2003
Compre.hensive Parks and Recreation System Plan, pgs. 3-2 and 3-3,
sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway:
The pathway must connect from one major m1erial to another, either
an easement or ownership deed must be granted before the city will
assume the maintenance of any section of pathway.
c. Ad.opt the Reconunendations of the Central District Health Department as
follows:
1. This proposal can be approved for cel1tral sewage & 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 Envirorunental Quality.
3. Run-off is not to create a mosquito breeding probleln.
4~ Stormwater shall.be pretreated thrOUgl1 a grassy swale prior to
discharge to the subsurface to prevent ilnpact to groundwater and
surface water quality.
5 · The Engineers and architects involved with the d,esign of tile
subject project shall obtain current best management practices for
FIRST A:MENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 2
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stormwater disposal and design a stormwater management system
that prevents groundwater and surface wate.r degradation.
D. Adopt the Recommendations of tIle Meridi811 Fire Department as follows:
1. One and two family dwellings will require afire flowofl,OOO gallons
per minute available for duration of 2 hours to service the el1tire
project. Fire hydrants shall be placed an average of 400' apart.
International Fire Code Appendix C.
2. Final approval of the fire hydrant locations shall be by tIle Meridian
Fire Depa11ment.
a. Fire hydrants shall have the 4 12" 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 11ydrants sllall not 11ave any vertical obstructio.ns to
outlets within 10'.
3. All entrance and internal roads sllall have a turning radius of 28'
inside aJ.ld 48' outside radius.
4. Provide a 20' wide Fire Lane for all internal and externalroad.ways.
5 ~ Operational fire hydrants and tenlporary or perlnanent street SigllS are
required before combustible COllstruction begins.
6. To increase emergency access to the site a minimum of two points of
access will be required for any portion of the project, which, serves
more than 50 homes. The applicant shall pro\~ide a stub street to the
propert)r to tIle (\vest'east/nortb/south). The two entrances shall be
separated by no less tllan 72 the diagonal measurement of the project.
(Deleted second sentence per City Council action at their June 15,
2004 meeting~)
7. Building setbacks shall be per the Buildil1g Code for one and two
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 3 .
story construction.
8~ The roadways shall be built to Ada County Highway Standards and
shall have a clear driving surface, available at all times, which is 20'
wide. Streets with less than a 29' street width shall have no parking.
Streets with less than 33' shall have parking only on one side.
9~ Maintain a separation of 5' from the building to the d.umpster
enclosure.
10~ Lot 43, Block 11, shall be posted "No Parking", fire lane, per tIle
International Fire Code.
E. Adopt the Reconunelldations of the Meridian Police Department as follows:
1. To increase emergel1cy access to the site, the applicant shall provide
an emerge.ncy access on Lot 41, Block 11. The Applica11t has
submitted a revised plat/site plan to reflect this requirement.
F. Adopt the Recolumendations of Sanitary Services as follows:
1 A sse will not provide trash picl{-up services utilizil1g tIle conunon
driveways. Prior to release of building permits for homes that take
access from. the common driveways, tIle developer sllall install a
concrete pad at the end of the common drive no more than five (5)
feet behind the sidewalk. The pad shall be of sufficient area to
accommodate tIle receptacles of the residences that ta!<e access froIn
the common driveway. Receptacles shall be placed on the concrete
pad 011 collection day in a ma1ll1er that does not cause a nUiS811ce.
Preliminary Plat Case No. PP-04-009
A. Adopt the Recommendations of the Planning and Zoning and. Engineering staff as
modified by the P&Z Conunission, as follows:
SITE SPECIFIC COMMENTS - PRELIMINARY PLAT
1. All landscaping will be required per tIle landscape plans submitted with the
application, with modifications as noted in the CUP section of this report.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 4
2. All conditions of the accom.panying Conditional Use Permit application shall also be
considered conditions of the Preliminary Plat
3. Sanitary sewer and water service to this development sllall be via mainline extensions
from the existing City of Meridian mains adjacent to the project
4. Add or revise th.e following final plat notes:
(17.) u...a blanket sewer, emergency access, andpedestrianpath easement.... "
5. Revise the landscape plan to include at least 31 trees along the Ridenbaugh Canal
pathway, as per the plan approved with the original plat.
6. All common drives shall be 20 feet wide, as depicted on the Plat.
GENERAL COMMENTS-PRELIMINARY PLAT
1. Please submit a copy of the Ada County Street Name Committee's approval letter for
the su.bdivision naJ.ne. Make any corrections necessary to conform.
2. Coordillate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 11 0% will be required for all
fencing, landscaping, play equipment, pressurized irrigatiol1, sanitary sewer, water,
etc~, prior to signature on tile final plat
4. Sidewall(s within the proposed subdivision shall.be built in accordance with MCC 12-
13-10-8.
5. I DO-watt, high-pressure sodium streetlights will be required at locations designated
by the Public Worl<s Department. Any streetlights shall be installed at subdividerrs
expense. Typical locations are at street intersections and/or fire hydrants. Final
design locations and qu.antity are determined. after power designs are completed by
Idaho Power Company. The street light contractor sIlall obtain design and perluit
from the Public Warks Department prior commencing installations.
6. 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 (ditcl1 owners), with written
approval or non-approval sublnitted to the Public W orl(s Department. Iflateral users
FIRST AMENDM.ENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 5
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association approval can't be obtail1ed, plans will be reviewed and approved by the
meridian City Engineer prior to final plat signature~
7. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and s11all be submitted to the City Engineer (Ord. 557, 1 0 -1- 91) for all new
off-street parking areas. All drainage water is to be maintained on-site. Storm water
treatment and disposal must be designed in accordance witll Department of
Envirorunental Quality 1997 publication Catalog of Storm Water Best M811agement
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.
Please submit all updated groundwater/soils reports to the Public Works
Department for review" Any drainage areas (detention/retention basins) ffillst be
designed to ensure that water will percolate or discharge within a period of time
not to exceed 24 hOllfS for all storms up to and including a 1 DO-year storm evel1t.
Side slopes within drainage areas shall not exceed 3: 1.
8. Any tree over 4" in caliper that is removed froIn tIle property shall be replaced by
installing additional trees, being the equivalent nUluber of caliper inclles of trees
tllat were removed" Required landscaping trees will not be considered as
replacement trees for those trees tllat are removed.
9 · Developer shall coordinate mailbox locations with the Meridicul Post Office.
10. Any existing domestic wells and/or septic systems witllin this project willllave to be
re.moved fro:m 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 irrigatio.n.
11. Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footil1g would sit atop fill
material.
B. Adopt the Recommendations of the Ada COUllty Higllway District as follows:
Site Specific Conditions of Approval
FIRST AMENDMENT TO DEVELOP.MENT AGREEMENT (AZ-02-004) - 6
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I. Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter
and 5-foot concrete sidewalks abutting the site, as proposed.
2. Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter
5-foot concrete sidewalks and a 10-foot wide median within 66-feet afright-of-
way, as proposed.
3. Construct East Rolfe Street, South Flame Way, East Quinn Drive and South
Nephrite Way as 36-foot street sections witll rolled. curb, gutter aIld 5-foot
concrete sidewalks within 50-feet of right-of-way, as proposed.
4. Construct a residential collector roadway (South Bay Star Way) to intersect East
Easy Jet Drive approximately 475-feet east of the west property line to align with
South Bay Star Way on the south side of Easy Jet Drive, as proposed.
5 A Construct a 1 0- foot wide median within the public right-of-way of South Bay Star
Way, as proposed. Construct the island. so that the roadway around the traffic
island maintains a minimuln of a 21-foot street section. The landscape island
within the public right-of-way dedicated by this plat shall be owned and
maintained by a homeowners association~ Notes of this shall be required on the
final plat.
6. Otller than the access point that has specifically been approve.d with this
application, direct lot access to Easy Jet Drive and South Bay Star Way is
prohibited. Notes oftl1is shall be required on tIle final plat.
7 · Comply with all Standard Conditions of Approval.
Standard Conditions of Aooroval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewall( and allY that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 7
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 constructiol1 shall be in accordance Wit!l 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 plaJ.1S~
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 cllanges.
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 Imown as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing lltilities wit11in tile
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 bu.siness days prior to breaIcing 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 cOlnpromised 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 Higllway
District~ The burden shall be upon the applicant to obtain written confirmation of
any chaJ.1ge from the Ada County Highway District~
11. Any change by tIle applicant in the planned use of the property which is the
subject of this application, shall require tIle 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 intel1t to change the planned use of the sllbject property unless a
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 8
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waiver/variance of said requirements or otller legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
c. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be a,pproved for central sewage & 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 tllfough a grassy swale prior to discharge to the
su.bsurface 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 stormwater disposal and
design a stormwater management system that prevents ground.water and
surface wat\?'l" degradation.
D. Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
1. Applicatlt shall apply for a land use c.hange applicatiol1 prior to final plattillg.
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 Irrigation District must review
drainage plans.
4. The Developer must comply witll Idallo Code 31-3805.
5. NMID recommends that irrigation water be made availa.ble to all
developments within the Nampa & Meridian Irrigation District.
E. Adopt the Recommendations of the Meridian Fire Departmel1t as follows:
1. One atld two family dwellings will require a fire flow of 1,000 gallons per
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 9
(
c..':.... .
minute available for duration of 2 hours to service the entire project Fire
hydrants shall be placed an average of 400' apart International Fire Code
Appendix C.
2. Final approval of the fire 11ydrant locations sllall be by the Meridian Fire
Department.
a. Fire hydrants shall have the 4 Y;" outlet face the main street or
parking lot aisle.
b. The fire l1ydrant 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 witll fire h.ydrants 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 l1ave any vertical obstructions to outlets
within 10'.
3. All entrance and internal roads shall have a turning radius 0[28' inside and
48' outside radius.
4. Provide a 20' wide Fire Lane for all interllal al1d external roadways.
5 · Operational fire llydrants and temporary or permanent street signs are
required before combustible construct.ion begins~
6. To increase emergency access to tIle site a minimum of two pOil1tS of access
will be required for any portion of the project, which serves more than 50
11omes. The applicant shall pro"/ide a stub street to the property to the
(vlest/cast/northlsouth). The two entrances shall be separated by no less thaJ.l
Y2 the diagonal measurement of the project. (Deleted second sentence per City
Council action at their June 15,2004 meeting.)
7. Building setbacl(s shall be per tIle Building Code for one and two story
co nstruction.
8 · The roadways shall be built to Ada County Highway Standards and s.hall have
a clear driving surface, available at all times, which is 20' wide. Streets with
less than a 29' street width shall have no parl(ing. Streets with less than 33'
shall have parking only on one side.
9 · Maintain a separation of 5' from the buildillg to tIle dumpster enclosure.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 10
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10. Lot 43, Blocl( 11, shall be posted "No Parking", fire lane, per the
International Fire Code.
F. Adopt the Recommendations of the Meridian Police Department as follows:
1. To increase emergency access to the site, the applicant shall provide an
emergency access on Lot 41, Block 11. The Applicant has submitted a revised
plat/site plan to reflect this requirement.
G. Adopt the Recommendatiol1S of Sanitary Services as follows:
1. sse will not provide trash picl<-up services utilizing the common driveways.
Prior to release of building permits for homes that take access from the
common driveways, the developer shall install a concrete pad at the end of
the common drive no more tllan five (5) feet behind the sidewalk. The pad
shall be of sufficient area to accommodate the receptacles of the residences
that talce access from the common driveway.. Receptacles shall be placed on
the concrete pad on collection day in a Inanner that does not cause a nuisance.
H. Adopt the Recommendations of the Parks Department as follows:
1. Pathway and Trail Standards: TIle proposed pathway andlor trail shalllueet
the stand.ards as set forth in the Au.gust 2003 Comprehensive Parks and
RecreC1tjon System Plan, pgs.. 3-2 and 3-3, sectiol1S B & C.
2. Standard for City to assume Maintenance of a section of Pathway: TIle
pathway luust COlUlect from one inajar arterial to anotller, either an easement
or ownership deed must be granted before the city will assume the
maintenance of any section of pathway.
Conditional Use Permit CUP-04-009
A. Adopt the Recommendations of the Planning and ZOlling and Engineering staff as
modified by the P&Z Commission, as follows:
CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT
1. All conditions of the accompanying Preliminary Plat application shall also be
considered conditions of the CUP.
2. Provide grasscrete for a width of 14 feet over the City's sewer easement across Lot 7 ,
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 11
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Block 13.
3. Restrict fence height on all building lots in Block 13 to 4 feet wherever they are
contigu.ous with Lot 7~
4. Reduce the frontage on Lots 24-27, Block 13 from 50' to 48' to provide wider
accesses into the park from the west
5. Construct a path so that it enters from the northwest corner of the proposed private
park, between lots 23 and 24, continues along the .north side of the park and exits
between lots 14 and 15 at the northeast co.mer. This will connect a route from the
pedestrian easement on Lot 41, Block 11 through to the luicropath on Lot 61, Block
11, which in turn connects to the multi-use pathway along the Ridenbaugh Canal.
The path should also connect to the patio/gazebo area.
6. The applicant s11aII.provide a pedestrian connection between the residential area and
the office/commercial uses in the northwest corner of the proj ect in Lot 61, Blocl( 11.
The connection shall conform to all Micropath ordinance standards.
7. The applicant shall add a micropath COllilecting from the sidewalk to tile Ridenbaugh
pathway on Lot 56, Bloclc 11. Since the lot is also a sewer easement, it shall be
exempt from the tree requirement of the micro path ordinance, but all other luicropath
standards shall applY4
8. Modify Lot 61, Block 11 and Lot 7, Block 13 so that all lots containillg paths or
micropaths in the project are at least 15 feet wide. TIle micropaths/paths across these
lots shall be at least 5 feet wide.
9~ Fences along the Ridenbaugh Canal pathway shall be three feet maximum for solid
fencing and four feet for open-vision fencing, .in conformance with the original
conditions of approval. The pathway shall be a 1 Q-foot wid.e aspllalt surface.
10. The project shall cOl1form to the modified dimensional standards, as follows:
· Minimum lot frontage: 44 feet (detached units), 34 feet (attached units)~
· Minimum lot size: 4,400 54f. (detached units), 3,400 s.f. (attached units).
· Minimum front setbacl(: 10 feet (living area and side entry garages), 20 feet
(front-loaded garages)4
11. The followillg amenities are required for the project: The first is a gazebo witll a
patio area and benches. The second amenity is proposed to be a picnic area4 Both
amenities are located on Lot 7, Block 13 as depicted on the landscape plan.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-OZ-004) - 12
c. .~
12. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B8
13 · All constructi"n and site improvements shall conform to the requirements of the
Americans with Disabilities Act and. the adopted building and fire codes.
14. Revised Plans: Staff recommends that the plaI1S be modified in compliance with this
report and any additional conditions from the Commission and that the applicant
submit 1 0 copies of all revised plans (plat and landscape) at least 1 0 days prior to the
next hearing on this application.
15. All common drives are approved at 20 feet wide, as depicted on the plat. (Per actiO!l
of the Council taken at tlleir June 15, 2004 meeting.)
B. Adopt tIle Recommendations of the Ada County Hig.hway District as follows:
Site Specific Conditions of AlJoroval
1. Construct East Easy Jet Drive as a 36-foot street section with vertical
curb, gutter and 5-foot concrete sidewalks abutting the site, as
proposed.
2. Con:-::truct South Bay Star Way as a 52-foot street section with vertical
curb, gutter 5-foot concrete sidewalks al1d a 10-foot wide median
within 66-feet of right-of-way, as proposed.
3. Construct East Rolfe Street, South Flame Way, East QUilU1 Drive and
South Neplnite Way as 36-foot street sections witll rolled curb, gutter
and 5-foot concrete sidewalks within 50-feet of right-of-way, as
proposed.
4~ Construct a residential collector roadway (South Bay Star Way) to
intersect East Easy Jet Drive approximately 475-feet east of the west
propel1y line to align with South Bay Star Way on the south side of
Easy Jet Drive, as proposed~
5. Construct a 10-foot wide median within the public right-of-way of
South Bay Star Way, as proposed~ Construct the island so that the
roadway aroUlld the traffic island maintains a minimum of a 21- foot
street section. The landscape island withil1 the public right-af-way
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) -13
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dedicated by this plat shall be owned and maintained by a homeowners
association. Notes oftllis shall be required on the final plat.
6~ Other than the access POillt tllat has specifically been approved with
this application, direct lot access to Easy Jet Drive and South Bay Star
Way is prohibited. Notes of this shall be required on the final plat.
7. Comply with all Standard. Conditions of Approval.
Standard ConditiollS of AIJoroval
1. Any existing irrigation facilities shall be relocated outside of the rigllt-of-way~
2. All utility relocation costs associated Wit11 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 tIle District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All desigl1 and constructiol1 shall be in accordance witll the Ada County Higllway
District Policy Manu.aI, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD OrdinatlCes unless
specifically waived l1erein. An engineer registered in the State of Idah.o 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), whicll incorporates any required
design changes.
7 · Construction, use and property development shall be ill conformance with all
applicable requirements of the Ada COlUlty Highway District prior to District
approval for occupancy.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 14
8~ Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada COUllty Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities wit11in 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 writin.g 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 confirmatiol1 of
any change from the Ada County Highway District
11. Any change by tIle applicant ill tIle planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordil1ances, plaJ.1S, or other regulatory and legal restrictions in force at
the time the applical1t or its successors in interest advises the Higllway District of
its intent to change the planned use of the su.bject 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.
c. Adopt tIle Recommendations of the Central District Healtll Department as
follows:
1. This proposal can be approved for central sewage & 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 Envirorunental 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.
FIRST AMEND.MENT TO DEVELOPMENT AG.REEMENT (AZ-02-004) - 15
(
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5. The Engineers and arcllitects involved with the design of the subject
project shall obtain current best managelnent practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation~
D. Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
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 Irrigation District must review
drainage plaI1S.
4. The Developer must comply with Idaho Code 31-3805.
5 · NMID recommends that irrigation water be made available to all
developments witl1in the Nampa & Meridian Irrigation District.
E. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellillgs will require a fire flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project Fire hydrants sllall
be placed an average of 400' apart.. International Fire Code Appendix C.
2. Final approval of the fire hydrant locations slla!l be by the Meridian Fire
Department.
a.
b.
Fire l1ydrants sllall have the 4 yz" outlet face the main street or
parI(ing lot aisle.
The fire hydrant shall not face a street which does .not 11ave
addresses on it.
Fire hydrant markers SllaIl be provided per Public Warks
spec~
Locations with fire hydrants shall have the curb painted red
10' to each side of the hydrant location.
Fire hydrants shall be placed on corners.
Fire hydrants shall 110t l1ave any vertical obstructions to
outlets within 1 0 ' .
c.
d.
e.
f.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 16
c...
c.
3. All entrance atld internal roads shall have a turning radius of28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal and external roadways.
5 · Operational fire hydrants and telnporary or permanent street signs are required
before combustible construction begins.
6. To increase emergency access to the site a minimum of two points of access will
be required for any portion of the project, which serves more than 50 homes~ +he
applicant shall provide a stub street to the propcrt:v to the ('yvcstJeast/north/south).
The two entrances shall .be separated by no less than Y2 tIle diagonal
measurement of the project (Deleted second sentence per City Council action at
their June 15, 2004 meeting~)
7 ~ Building setbac.ks shall be per the Building Code for one and two story
construction.
8. The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide~ Streets with less
than a 29' street width shall have no parking. Streets with less than 33' shall
have parking only on one side.
9 · Maintain a separation of 5' from the building to the dwnpster enclosure.
10. Lot 43, Block 11, shall be posted "No Parking", fire lWle, per the International
Fire Code.
F. Adopt the Recommendations of the Meridian Police Department as follows:
1. To increase emergency access to the site, the applicant shall provide an
emergency access on Lot 41, Block 11. The Applicant has submitted a
revised plat/site plan to reflect this requirement.
G. Adopt the Recommendations of Sanitary Services as follows:
1. sse will not provide trash pick-up services utilizing the commOl1
driveways. Prior to release of building permits for homes that take access
from the common driveways, the developer shall install a concrete pad at
the end of the common drive no more than five (5) feet behind the
sidewalk. The pad shall be of sufficient area to accommodate the
FIRST AMENDMENT TO DEVELOP.MENT AGRE.EMENT (AZ-02-004) - 17
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receptacles of the residences that take access froln the common driveway.
Receptacles shall be placed on the concrete pad on collection day in a
manner that does not cause a nuisance.
H. Adopt the Recl..)mmendations of the Parks Department as follows:
1. Pathway al1d Trail Standards: The proposed patllway and/or trail
shall meet the standards as set forth in the August 2003
Comprehensive Parks and Recreation System Pl811, pgs. 3-2 al1d 3-3,
sections B & C.
2& Standard. for City to aSSUlne Maintenance of a section of Pathway:
The pathway must connect from one major arterial to another, either
an easement or ownership deed must be granted before the city will
assume the maintenance of any section of pathway.
C. Except as modified by this First Amendment, the Developmel1t Agreement
between the parties dated November 4,2002, is hereby ratified and
confirmed.~
IT IS SO AGREED~
2n.d.
DATED AND SIGNED this -- d.ay of
i
, 2004.
CITY OF MERIDIAN
ATTEST:
6~( 7--t'J?-
SEAL _
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FIRST AMENDMENT T{) DEVELOPMENT AGREEMENT (AZ-02-004) -18
(-...
SUTHERLAND FARM, INC.
BY. ~ ~
Louis G. Harding, President
,
Attest:
BY:
Trevor C~ Roberts, Secretary
CITY OF MERIDIAN
Attest:
BY:
William G. Berg, Jr., Cit
Approved by City Council: g - ( ? --t) II/-
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) -19
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STATE OF IDAHO, )
: ss.
County of Ada, )
On this IIr7r"'-dayof Ii Ctl +- ,2004, before me, a Notary Public, in and
for the said state, personally appeared ny 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 tIle instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed tIle salne~
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STATE OF IDAHO )
:ss
COUNTY OF ADA )
On 111is day of , in 004, before
me, a Notary Publi oually appeared Louis G.
Harding and Trevor C. Robert, r id · to me to be the President and Secretary
of Sutherland Farm, Inc" · ns who executed tIle instrument and acknowledged. to
uted the same on behalf of said Sutherland Farm, Inc..
(SEAL)
Notary Public for Ida110
Residing at:
Commission expires:
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-OZ-004) - 20
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STATE OF CALIFORNIA
)
) 58.
)
COUNTY OF SAN MATEO
On this 2nd day of August, 2004, before me, Shirley W. Hoffman, the undersigned Notary
Public, personally appeared Louis G. Harding and Trevor C. Roberts, personally known to me to
be the persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities, and that by their signatures on the
instrument the person, or the entity upon behalf of which the persons acted, executed the
instrument~
WITNES S my hand and official seal.
SHIRLEYW. HOFFMAN
Commission #- 1328734
Nota:.ry Public - California ~
Sa n Mateo County --
My Comm. Ekpirel Nov 7. 2005
("
EXHIBIT A
Findines of Fact and Conclusions of Law/Conditions of Approval
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 21
BEFORE THE l\1ERIDIAN CITY COUNCIL
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The above entitled rezoning application having come on for public hearing on June 8,
IN THE MATTER OF THE
APPLICATION FOR REZONE OF
16.1 ACRES FROM R-4 TO R-B
ZONE FOR SUTHERLAND FARM
SUBDIVISION NO. 4, LOCATED
APPROXIMATELY ~ A MILE
SOUTH OF OVERLAND ROAD ON
THE EAST SIDE OF S. EAGLE
~OAD, MERIDIAN, IDAHO
SUTHERLAND FARM, INC.,
APPLICANT
C/C 06/0&/04
C/C 06/15/04
Case No. RZ-04-0tl6
FI~DINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER I
GRANTING APPLICATION FOR
ANNEXA.TION AND ZONING
2004, and continued until June 15,2004, at the hour of7:00 p.m., and Anna Powell Planning
Director for the Planning and Zoning Department, appeared and testified, and the City Council
having duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law=, and Decision and Order:
FfNDINGS OF FACT
FINDINGS OF F ACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SUTHERLAND FARM SUBDMSION NO.4
(RZ-04..006)
PAGE 1 OF 14
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1 t There has been compliance with all notice and hearing requirements set forth in I
Idaho Code 99 67-6509 and 67-6511, and Meridian City Code S~ 11-15-5 and 11-16-1..
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances c.odified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No.. 02-382, and maps and the ordlJ?-ance Establishing the Impact Area BOWldary.
3. The property which is the subject of the application for rezone as described in the
application, is approximately 16t 1 acres in size and is located approximately ~ a mile south of
Overland Road on the east side of S.. Eagle Road, Meridian~ Idaho, all within the Area of Impact
of the City of Meridian and the Meridian Urban Service Planning Area as defmed in the Meridian
Comprehensive Plan.
4. The owner of record of the subject property is Sutherland Farm, Inc, and they have
submitted notarized consent for the subject application. Applicant is Sutherland Farm, Inc.
5 I TIle property is presently zoned R-4, and consists of agricultural land and was part
of the previously approved Sutherland Fanns project
6. The Applicant requests the property be zoned as R -8 (Medium Density
Residential) .
7 ~ The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development.
8.. The Applicant requests zoning of the subject real property as R-8~ The Meridian
Comprehensive Plan Generalized Land Use Map designates the subject property as Mediwn
FINDINGS OF F ACT AND CONCLUSIONS OF LA W
· AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FAR1\1: SUBDNISION NO~ 4
(RZ-04-006)
PAGE2 OF 14
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Density Residentiall1vIixed-U se Community 4
9. There are no significant or scenic features~ or no significant existing trees, of
maj or importance that affect the consideration of this application.
1 o. Giving due consideration to the comments received from the
governmental subdivisions providing serVices in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Plamring and Zoning Commission ~ follows:
I . The existing Development Agreement shall be amended to include all
conditions of approval for the proposed plat and conditional use permit.
B. Adopt the report of the Ada County l-Iighway District dated ApEi12, 2004 which
report. lists site-specific requirements, conditions' of approval and street
improvements) which are required.
C. Adopt the Recommendations of the Parks Department as follows;
1. Pathway and Trail Standards: The proposed pathway and/or trail sllall 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.
2. Standard for City to assume Maintenance of a section of Pathway: The
pathway must connect from one maj or arterial to another, either an easement
or ownership deed must be granted before the city will assume the
maintenance of any section of pathway..
D 4 Adopt the Recommendations of the Central District Health Department as .follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be su.bmitted
to and approved by the Idaho Department of Health & Welfare, Division
of Envirorunental Quality.
FINDINGS OF FACT AND. CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR +ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ.04-006)
PAGE 3 OF]4
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3 . Run--off is not to create a mosquito breeding problem.
4.. Stonnwater shall be pretreated through a grassy swale prior to discharge to
the suhsutface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject
project shall obtain ClUTent best management practices for stormwater
disposal and design a stonnwater management system that prevents
groundwater and surface water degradation~
E4 Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a flIe 'flow of 1,000 gallons per
minute available for duration of 2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart International Fire Code
Appendix C.
24 Final approval of the fire hydrant locations shall be by the Meridian Fire
Department
a. Fire hydrants shall have the 4 1'2" outlet face the main street or
parking lot aisle.
b. The fire hydrant shall not face a stree~ which does not have addresses
on it..
c. Fire hydrant markers shall be provided per Public Worl{s 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' .
3. All entrance and internal roads shall have a twning radius of28' inside and
48' outside radius.
4 ~ Provide a 20" wide Fire Lane for all internal and external roadways.
5. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
6a To il1crease emergency access to the site a minimum of two points of access
will be required for any portion of the project, w.hich serves more than SO
homes. The a.pplicant shall prowde 0. stub street to the property to the
FINDINGS OF FACT AND. CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONlNG SUTHERLAND F ARJv1 SUBDNISION NO, 4
(RZ-04MoO 0 6)
PAGE4 OF 14
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(\\~stleastJllorth/south). The two entrances shall be separated by no less than
~ the diagonal measurement of the project~ (Deleted second sentence per City
Council action at their June 15, 2004 meeting_)
7. Building setbacks shall be per the Building Code for one and two story
construction..
8~ The roadways shall be built to Ada County Highway Standards and shall have
a clear driving surface, available at all times, which is 20' wide~ Streets with
less than a 29' street width shall have no parking. Streets with less than 33'
shall have parking only on one side.
9. Maintain a separation of 5' from the building to the dumpster enclosure.
1011 Lot 43, Block 11, shall be posted ''No Parking", flIe lane, per the
International Fire Code.
· F.. Adopt the Recommendations of the Meridian Police Dep8rtment as follows:
1. To ~ increase emergency access to the site, the applicant shall provide an
emergency acce~s on Lot 4 I, Bloc]( 11. 'Dte Applicant has submitted a
revised plat/site plan to reflect this requirement.
Gt Adopt the Recommendations of Sanitary Services as follows:
1.. sse will not provide trash pick-up services utilizing the common driveways..
Prior to release of building permits for homes that take access from the
· common driveways, the developer shall install a concrete pad at the end of
the common drive no more than five (5) feet behind the sidewalk" The pad ·
shall be of sufficient area to +accommodate the receptacles of the residences
that take access' from the conunon dri veway. Receptacles shall be placed on
.the concrete pad on co llection day in a manner that does not cause a nuisance.
H. The Applicant shall also be required to comply with the corresponding Preliminary
Plat and Conditional Use Permit requirements, for Case No. PP-04-009 and CUP -04-
0096
· I 1 ~ It is found that the requested R-8 zoning designation is in accord with the
.Comprehe~sive Plan's Future Land Use Map, which delineates the subject property as Medium
Density Residential. Medium density is defmed as 3 to 8 dwelling units per acre. The proposed
FINDlliGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM 8UBDMSIONNO. 4
(RZ-04-006)
PAGE 5 OF 14
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project has a gross density of 4.9 units per acre and net density of 6.5 units per acre. (Note: The
application states that the net density is 9.5 units per acre, but this calculation excludes all open
space) .
12~ It is found that the proposed re-zone and accompanying developmentplans comply
with the requested zone and staff does not anticipate that the property will be rezoned in the future.
13. It is fotuld that the applicant has submitted development plans for a new plat and
Conditional Use Permit for the property.. If the proposed CUP is granted, the plat will be allowed as
proposed~
14.. It is found that the City's Comprehensive Plan has provided the applicant with the
ability to request the R-8 zone for the subject property. The area was originally zoned R-4 with the
prior annexation. It is felt that an R..8 zone is more appropriate for the densities requested by the
~pplicant for this project.
IS. It is found that the proposed development is designed in a manner that will be
hmmonious with and appropriate in appearance with the existing .neighborhood and intended
+ .
chara"cter of the area. The proposed project is surrounded almost entirely by other phases of the same
subdivision.
16. It is found tllat the requested rezone should not be disturbing to existing or future
neighboring uses.. To the east and south are other residential phases of Sutherland Farms. To the
~
+west are office lots and to the north, across the Ridenbaugh Canal, is Silvertone Subdivision~
17 ~ It is found that the proposed uses can be adequately ~erved by all essential public
. services and facilities" Drainage will be retained on site..
FINDINGS OF FACT AND. CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTIN"G APPLICA nON
FOR ANNEXA TION AND ZONING SUTHERLAND FARM SUBDIVISION NO~ 4
(RZ-04..006)
PAGE 6 OF 14
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18~ It is found that the requested uses will not create excessi ve additional requirements at
public costs for public facilities and services. Additionally, it is fopnd that the proposed rezone
would not be detrimental to the economic welfare of the community.
19. It is found that the proposed R-8 zo.ning designation of the property does not
inherently allow uses that will generate activities, processes, materials, equipment, and conditions
that are detrimental to the general welfare of the community~
20. It is found that the proposed R-8 zoning will not interfere with ~eneral traffic patterns
on any public streetSt Refer to the revised ACHD staff report for a full report on the traffic issues.
21.. It is found that there are no existing mature trees on the site. The applicant has
submitted an original boundary/topo map that shows original tree; cover and Ilone are fotuld on the
subject property.
22~ It is found that the proposed rezone would be in the best interest of the City. The
proposed R -8 zone is more in harmony with the character of the proposed subdivision.
23. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 1 0 and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
24. It is also found that the development considerations as referenced in Finding N o.
~Oare reasonable to require and must be taken into account, in order to assure the.proposed
development is designed, consttucted, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity" in
FINDINGS OF F ACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 7 OF 14
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order to assure that the proposed use will not change the essential character of the affected
vicinity and \ViII insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of propose,d developm~nt on
potential to produce excessive traffict n9ise, smol<e, fumes, glare and odors~
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real prqperty upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222.. The
Meridian City Code 9 11..16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's C~mprehensive Plan.
2~ The Council may take judicial notice of government ordinances; and policies~ and
of actual conditions existing within the City and State~
3. The City of Meridian has exercised its authority and responsibility.as provided by
'~Local Land Use Planning Act of 1915", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the .Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02- 3 82.
4. The zoning of (R-8) Medium Density Residential District is defined in the Zoning
Ordinance at S 11-7-2 D as follows:
(R-8) Medium Densitv Residential District: The purpose of the R-8 District is to permit
the establislunent of single... and two-family dwellings at a density not exceeding eigllt (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family d\yellings in well-established
neighborhoods of comparable 'land use. Connection to the Municipal water and sewer
FINDINGS OF FACT AND. CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA. TION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 8 OF 14
systems of the City is requiredt
5 ~ Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land.. See Burt ys. The CitvofIdaho Falls, 105
Idaho 65,665 P2d 1075 (1983).
6~ The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not li:m..ited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, ~hlch pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
. .
7 ~ Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1.. The applicant's request for annexation and zoning .of approximately 16.1 acres to
Mediwn Density Residential District (R-8) is granted subject to the terms and conditions of this
Order hereinafter stated~
2.. The application is for annexation and zoning of 16..1 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofldahoj and shall conform
to all the provisions of the City of Meridian Resolution No.. 158. The legal description for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONlNG SUTHERLAND FARM SUBDIVISION NO~ 4
(RZ-04-006)
PAGE9 OF 14
C.. .
c.
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3 · Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development; to-wit:
A. Adopt the Recommendations of the Planning and Zoning Commission as follows:
1. The existing Development Agreement shall be amended to include all conditions of
approval for the proposed plat and conditional use penp.it.
B~ Adopt the report of the Ada County Highway District dated April 2, 2004 whichreport
lists site-specific requirements, conditions of approval and street improvements, which
are required.
c. Adopt the Reconunendations of the Parks Departmel1t as (oIlows:
1.. Pathway and Trail Standards: The proposed pathway an9lor trail shall meet tIle
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & c~
2.. Standard for City to assume Maintenance of a section QfPathway: The pathway must
connect from one major arterial to another, either an easement or ownership deed ~
must be granted before the city MIl assume the maintenance of any section of
pathway.
D~ Adopt the Recommendations of the Central District Health Department as follows:
1.. This proposal can be approved for central sewage & central water after writtell
approval from appropriate entities is submitted~
2~ TIle Applicant~ s central sewage and central water plan~ 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 pro.blem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and sUl'face water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND.DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 10 OF 14
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5 .. The Engineers and architects involved with the design of the subject proj ect shall
obtain CUlTent best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
E~ Adopt the Recommendations of the Meridian Fire Department as follows:
1~ One and two family dwellings will require a fire flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project.. Fire hydrants shall be
placed an average of 400' apart4 International Fire Code Appendix' C.
2. Final approval of the fire hydrant.locations shall.be by the Meridian Fire Departmellt.
a. Fire hydrants shall have the 4 ~" outlet face the main street or parking lot aisle..
b6 Th.e 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 location9
e. Fire hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
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 and external roadways.
54 Operational fire hydrants and temporary or permanent s~eet signs are required before
combustible constmction begins~
6, To increase emergency access to the site a minimum of two points of access will be
required for any portion of tIle project, which serves more than 50 homes" +he
applicant shall pro~",'ide a stub street to the property te ,tJ.1e (\vest/east'northlsouth).
The two entrances shall be separated by no less than Y2 the diagonal measurement of
the project. (Deleted second sentence per City Council action at their June 15,2004
meeting.. )
7. Building setbacks shall be per the Building Code for one and two story construction.
8. The roadways shall be built to Ada County Highway Standards and sh8.Il have a clear
driving surface, available at all times, which is 20' wide.. Streets with less than a29' +
street width shall have no parking~ Streets with less than 33' shall have parking only
on one side.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISrON AND ORDER GRANTING APPLICA nON
FO.R ANNEXATION AND ZONlNG SUTHERLAND FARM SUBDMSION NO.4
(RZ-04~006)
PAGE 11 OF 14
9" Maintain a separation of 5) from the building to the dumpster enclosure..
10.. Lot 43, Block 11, shall be posted ''No Parking", fire laneJ per the International Fire
Code&
F. Adopt the Recommendations of the Meridian Police Department as follows:
1 ~ To increase emergency access to the site:1 the applicant shall provide an emergency
access on Lot 41) Block 11. The Applicant has submitted a revised plat/site plan to
reflect this requirement.
G~ Adopt the Recommendations of Sanitary Services as follows:
1 ~ sse will not provide trash pick-up services utilizing the common driveways. Prior to
release of building permits for home~ that take access from the common driveways,
the developer shall install a concrete pad at the. end of the common drive no mo.re
than five (5) feet behind the sidewalk~ The pad shall be of sufficient area to
accommodate the receptacles of the residences that take access from the common
driveway. Receptacles shall be placed on the concrete pad on collection day in a
manner that does not cause a nuisance.
H& The Applicant shall also be required to' comply with the corresponding Preliminary Plat
and Conditional Use Pennitrequirements, for Case No. PP-04-009 and CUP-04-009.
4~ The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation 0 f the real property which is the subj ect of the
appiication to (R-8) Medium Density Residential District, and Meridian City Code 9 11-7-2.
5 · Subsequent to the passage. of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official bound~ies and zoning maps as provided in MeridiaJ.l City Code S 11-21-] in accordance
with the provisions of the annexation and zoning ordinm+ce.
NOTICE OF FINAL ACTION
FINDIN"GS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 12 OF 14
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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 ClerI( not more than twenty-eight (28) days after the final decision ~onceming the matter at
i~sue" A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please tal{e notiee that this is a final action of the governing body of the Gity ofMeridian~
pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67~ Idaho
Code.
By action of the City Council at its regular meeting held on the
G~ day of
~
, 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED
COUNCILMAN BILL NARY
VOTED
~
COUNCILMAN CHARLIE ROUNTREE
VOTED /l6~
COUNCILMAN KEITH BIRD
VOTED
. "--
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTThlG APPLICATION .
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 13 OF 14
C.
1/. ... ~
\,. .
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 7 -6 -t9~
VOTED -
MOTION:
APPROVED:
DISAPPROVED:
....
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,,-.)..,.. 1 s1 · ~._ $
Copy sen1ed upon Applicant, the Plarun~ ~ 'ent:! Public Works Department and
th C.. A III ,\'
e Ity ttomeYI 1'/11/. '11,\\'"
l"I',L i~I,11
Attest:
By:
· City Clerk
Dated: -, --~. 04
Z:\Work\M\MeridianUvieridian 15360M\Sutherland Form Subdivision No.4 RZ..04-006 PP-D4-o09 CUP..04-009\RZFfCl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA TION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDMSION NO.4
(RZ-04-006)
PAGE 14 OF 14
~. . .
~
~;J.U.B }
~
J-U-.B E.NGINEERS, Inc.
250 S.. Beechwood Avenue
Suite 201
Boise, Idaho 83709-0944
Telephone: 208/3 76-7330
FAX: 208/323-9336
}
. ~ETTER OF TRANSMITTAL
DATE: 8/9/04 Project No. 11967
PROJECT NAME: Sutherland Farm No.4
PROJECT MANAGER: Gary A. Leet P.E./L.S.
TO: Tara Green
City of Meridian Clerk's Office
33 East Idaho
Meridian, ID
83642
SUBJECT:
Development Ag reement
GENTLEMEN:
We are sending you the following items: ~ ATTACHED D UNDER SEPARATE COVER via
o SHOP DRAWlNGS DPLANS 0 PRINTS D SAMPLES 0 SPECIFICATIONS
o COpy OF LETTER 0 CATALOG SHEETS 0 CHANGE ORDER 0
COPlES DATE or No. DESCRIPTION
1 Signed original development agreement for RZ-04-06
1 copy of the signed development agreement
THESE ARE TRANSMITTED AS CHECKED BELOW:
D FOR APPROVAL D AS REQUESTED
[gJ FOR YOUR USE D FOR REV1EW AND COMMENT
D FOR BlDS DUE
~ FOR SJGNATURE
o RETURNED FOR CORRECTIONS
D PRINTS RETURNED AFTER LOAN TO US
REMARKS:
fJ 'fu ~1-' l'~~ 1[";1 --o/'~- "'?""1T":1 -~:;
k? ~.,1 lJ vJ jj \/ ~1~, [1 I..
M \. ~, J ..~ ~ i t f;1 \. Jr~J ~ ~;1
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t\UG 1 0 2004
C;i ty. Of IVleridiarl
(;it.y (~ler1{ Office
COpy FOR SIGNED:
J...U...8 ENGINEERS, Inc.
f9i;-~~
IF ENCLOSURES ARE NOT AS NOTEDf KINDLY NOTIFY US AT ONCE.
RECEIVED BY:
Daren Fluke, A..I.C.P~
DATE:
Pl J:A~J= ~I~N nA T~ ANn RE=Tl JRN r:npv Tn r l-ll-~
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August 13, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 17,2004
ITEM NO.
5-D
REQUEST Water Main Easement for Treasure Valley Baptist 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:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
Confacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(. .
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City of Meridia~.. ..: :.. .;. :.:...:... ... .
Public Works Dept..:. .
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AUG 1 1 2004
City of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
cc: File
Date: 8/11/2004
Re: Proposed Agenda Items for 8/17/04 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
8/17/04 City Council agendaf on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Treasure Vallev Baotist Church.
Typical Water Main Easement
Recommended Council Action: Approve the Water Main Easement for
Treasure Valley Baptist Church and authorize the Mayor to sign and City
Clerk to attest.
Thank you for your consideration.
. Page 1
(
WATER MAIN EASEMENT
THIS INDENTURE, made this ~day of ,f,;!j. ,201)"1 between /rt;.-';'~+E ~1/~&y7h:I'i?d~he parties of
the fIrst part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of
the second part, and. hereinafter called the Grantee;
\VITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for throu.gh an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and. su.bsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and
replacement at the convenience of the Grantee, .with the free right of access to such facilities at any
and all times. ·
TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns' forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto) that after
construction, making repairs, performing other maintenance or making subsequent cOlUlection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior
to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible
for repairing, replacing or restoring anything placed within the area described in this easement that
was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush) or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
~ r
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-af-way and easement hereby granted which lies within such
bOUndary thereOf or WhiCh is a Part thereof: Shall cease and become nUll and VOid and Of no further
effect and Shall be comPletelY relinqUiShed.
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THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed
of the. aforementioned and described tract of land, and that they have a good and lawful right to
convey said easement, and that they will warrant and forever defend. the title and quiet possession
thereof against the lawful claims of all persons whomsoever.
, IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
\
STATE OF IDAHO )
) ss
County of Ada )
IN WITNESS WHEREOF, I have hereunto set my hand. and affixed my official seal the day and year
fist .above written.
NOTARY P B
Residing at I
Commission Expires:
water Main Easement
EASMT WTR~doc
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDJU-IO, )
: 58.
County of Ada )
On this day of , 2004, 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 VVHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL )
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
water Main Easement
F~ A .~ MT WTR ri or_
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EXHIB IT 'f. A'~
A water easement located in a portion of the SI/2 of the SEl/4 of Section 18, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows:
Commencing at a brass cap monument marking the SEl/4 of Section 18) T.2N~, R~ lEw,
thence along the South right-of-way line of Overland Road N89043'11 "E a.distance of
1956.70 feet to a point from which a brass cap monument marking the SW1/4 of the
SEl/4 bears N89043' 11 "E a distance of 692.33 feet, then leaving the said South right-of-
way line of Overland Road, thence leaving the said South right-af-way line and
continuing on the East right-af-way line NOoo26'47'~E a distance of 700~52 feet to a
point, thence S89033~13"E a distance of30.00 feet to the POINT OF BEGINNING;
Thence NOoo26'47"E a distance of20~OO feet to a point;
Thence N89059'Ol ~'E a distance of 13.65 feet to a point;
Thence NOooOI '28"E a distance of 61.53 feet to a point;
Thence S90oQO'OO"E a distance of254.98 feet to a point;
Thence SOooOO'OQ"E a distance of 15.77 feet to a point;
Thence S90oQO'OQ"E a distance of 15.30 feet to a point;
Thence SOooOO'OO"E a distance of24.93 feet to a point;
Thence S90000'OO''W a distance of 15.30 feet to a point;
Thence SOooOO'OO"W a distance of32~57 feet to a point;
Thence S90000'OO''E a distance of 111.02 feet to a point;
Thence SOooOO'OQ"E a distance of 20.00 feet to a point;
Thence S90oQO'OO"W a distance of 131~02 feet to a point;
Thence NOOoOO'OO'~W a distance of73.28 feet to a point;
Thence N90oQO'OO"W a distance of214.99 feet to a point;
Thence SOooO 1 '28"W a distance of 61 ~53 feet to a point;
Tllence 889059'01 "w a distance of33.80 feet to the POINT OF BEGINNING;
Said easement contains 0.25 acres more or less and is subject to all existing easements
and rights-of-ways of record or implied.
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WATER PLAN FOR
TREASURE VALLEY BAPTIST CHURCH
A PORTION OF THE 81/2 OF THE SEl/4 OF SECTION 18
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
ADA COUNTY, IDAHO
2004
GENERAL LEGEND
EXHIBIT "8"
SCALE 1.. = 60'
~ - - -- BOUNDARY LINE
ROAD CENTER LINE
ROAD RIGHT-OF-WAY
NEW EASEMENT LINE
CALCULATED POINT
o
DETAIL FILENAME: PINNACLE DRAWN .BY:
C036346_WTR EASEMENT MJB
CREATION DATE: Engineers, Inc. CHECKED BY:
12552 w. ExeculiV'8 Dr~. Suite Bt Boise.. Idaho
JULY 08 2004 837\3 ZRJ
(208) 887 - 7760
L
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August 13, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 17,2004
ITEM NO.
5-E
REQUEST Resolution - Solid Waste Committee
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 DE?T:
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
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetfngs shall become property of the City of Meridian.
(
(~
August 6,2004
MERIDIAN CITY COUNCIL MEETING August 1 0, 2004
APPLICANT ITEM NO~ 5
REQUEST Discussion of Proposed Solid Waste committee Resolution
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CJTY ATTORN EY
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:
SETfLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
Contacted:
Emailed:
COMMENTS
See aHached Resolution
uJ
g{
or-' k '
[If1/)
Date:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian~
Phone:
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JUL 1 4 2004
Interoffice
Memorandum
City Of 1\1ericlian
City Clerl< Office
To: William. G.. Berg, Jr. (originals via email)
From: William F~ Nichols
RE; Resolution and Certificate of Clerk for Solid Waste Committee
Date: July 12, 2004
Please find attached the Resolution and Certificate of Clerk to allow for a solid waste
committee for the City of Meridian~ The prior Resolution has expired. Tllis Resolution is now
ready to be :presented to the Mayor and City Council.
If you have any questions .please advise.
Z:\Work\M\Meridian\Meridian I 5360M\Resolutions City Hall\2004\Berg MClno for Res Cert elk for Solid Waste COlnlnittee 07 12 04.doc
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RESOLUTION NO.
tP1-- ?~I
BY: Ih ./ I ;<IlL ;-1
~
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN RELATING TO SOLID WASTE AND PROVIDING FOR FINDINGS AN.D
ESTABLISHING A SOLID WASTE COMMITTEE; PROVIDING FOR T.RE
RESPONSIBILITY AND AUTHORITY OF THE COMMITTEE; AND PROVIDING
FOR THE APPOINTMENT OF THE COMMITTEE.
NOW TH.EREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1. F.INDINGS.
1.1 Whereas, the Mayor and Council have the authority [pursuant to I.e.
S 50-210] to establish committees as may be deemed necessary or expedient to
assist the Mayor and Council to better carry out the responsibilities of their
offices, and the power granted to permanent committees must be enumerated by
ordinance; and
1.2 Whereas, the Mayor and Council have deemed it expedient to form a
temporary non-permanent ad-hoc committee to serve as a liaison to the
Solid Waste Franchise holder, and. to advise the City Council regarding
matters of operations, programs, ordinances and franchise agreements.
SECTION 2. CREATION OF SOLID WASTE AD-HOC ADVISORY
COMMITTEE.
2.1 There is hereby created for a period of three (3) years from the date .hereof a non-
permanent Ad-Hoc Advisory Committee to be known as the "Solid Waste Ad-
Hoc Advisory Committee" [herein after referred to as "SW AAC"] which shall
consist of five (5) members of which shall consist of the Public Works .Director or
designee, M.unicipal Utilities Billing System (MUBS) Supervisor, Planning and
Zoning Commission Chairman, and in addition thereto a council member, and a
resident or property owner receiving solid waste service within the City, who shall
be nominated by tIle Mayor and approved by the Council. All members serve at
the pleasure of the City Council. Any vacancy on the committee shall be filled in
the same manner as the original ap.pointment~ At the first meeting of the
Committee it shall elect a chairman, vice-chairman and a secretary fro.m among its
members.
SECTION 3. DUTY OF THE SOLID WASTE AD-HOC ADVISORY COMMITTEE.
3.1 Review with all Solid Waste Franchise holders, and the City Attorney, existing
and any proposed francllise agreements, and existing and future .proposed
programs; and
(
3.2 Review with Solid Waste Franchise holders, and the City Attorney, existing and
future progralns for solid waste service; and
3.3 Review with all Solid Waste Franchise holders, and the City Attorney, existing
and any proposed revisions to the City ordinances granting solid waste service
franchises; and
3.4 Report to, advise and recommend to the City Council from tim.e to time regarding
the public interest in relationship to matters relative to franchise agreements,
ordinances and programs involving solid waste services.
/~~
PASSED BY THE COUNCIL O.F THE CITY OF MERIDIAN, IDAHO, this L.L.-- day of
J , 2004~
APPROVED BY THE MAYOR OF THE CITY COUNCIL OF MERIDIAN, IDAHO, this
/7e. day of , 2004.
f
ATTEST:
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C. . .
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33
East Ida.ho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certify that on the 17-t:f- day of ,2004, the following action
has been taken and authorized:
A RESOLUTION OF T.RE MAYOR AND CITY COUNCIL OF TH:E CITY OF
MERIDIAN RELATING TO SOLID WASTE AND PROVIDING FOR .FINDINGS AND
EST ABLIS:HING A SOLID WASTE COMMITTEE; PROVIDING FOR THE
RESPONSIBILITY AND AUTHORITY OF THE COMMITTEE; AND PROVIDING
FOR T.HE APPOINTMENT OF THE COMMITTEE.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1. FINDINGS.
1.1 Whereas, the Mayor and Council have the authority [pursuant to I.C.
S 50-21 0] to establish committees as may be deem.ed necessary or expedient to
assist the Mayor and Council to better carry out the responsibilities of their
offices, and the .power granted to permanent committees must be enumerated by
ordinance; and
1.2 Whereas, the Mayor and Council have deemed it expedient to form a
temporary non-permanent ad-hoc co:mmittee to serve as a liaison to the
Solid. Waste Franchise holder, and to advise the City Council regarding
matters of operations, programs, ordinances and franchise agreements.
SECTION 2. CREATION OF SOLID WASTE AD-HOC ADVISORY
COMMITTEE.
2.1 There is hereby created for a period of three (3) years from the date hereof a non-
permanent Ad-Hoc Advisory Committee to .be known as the "Solid Waste Ad-
Hoc Advisory Committee" [herein after referred to as "SW AAC"] whicl1 shall
consist of five (5) members of which shall consist of the Public Works Director or
(:- :.
. .
-:...
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designee, Municipal Utilities Billing Syste.m (MUBS) Supervisor, Planning and
Zoning Commission Chairman, and in addition thereto a council member, and a
resident or property owner receiving solid waste service within the City, who shall
be nominated by the Mayor and approved by the Council. All mem.bers serve at
the pleasure of the City Council. Any vacancy on the committee shall be filled in
the same manner as the original appointment. At tIle first meeting of the
Committee it shall elect a chairman, vice-chairman and a secretary from among its
members.
SECTION 3. DUTY OF THE SO.LID WASTE AD-HOC ADVISORY COMMITTEE.
3.1 Review with all Solid Waste Franchise holders, and the City Attorney, existing
and any proposed franchise agreements, and existing and future proposed
programs; and
3.2 Review witll Solid Waste Franchise holders, and the City Attorney, existing and
future programs for solid waste service; and
3.3 Review with all Solid Waste Franchise holders, and the City Attorney, existing
and any proposed revisions to the City ordinances granting solid waste service
franchises; and
3.4
Report to, advise and recommend to the City Council from time to time regarding
the public interest in relationship to matters relative to franchise agreements,
ordinances and programs involving solid waste services.
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l7th day of ft-VO l,{S J- , .in the year 2004, before me,
-lo~~r-~ k.. SW{.k. , a Notary PublIc, appeared WILLIAM G. BERG,
JR., res.pectively, known or identified to me to .be the City Clerk of the City of Meridian, Idaho
that executed the said instrument, and acknowledged to .me that he executed the same on behalf
of the City of MerirliM,.
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STATE OF IDAHO, )
ss.
County of Ada,
)
On this
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August 13,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 17,2004
ITEM NO.
5-F
REQUEST license Agreement with Nampa Meridian Irrigation District to construct sewer line
within the easement for the Ten Mite Drain
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:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
(JJ~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials prfitsented at public meeftngs shall become property of the City of Meridion~
Letter of Transmittal
462 E~ Shore Drive, Suite 100 Eagle, Idaho 83616
(208) 939-4041 Fax (208) 939-4445
TI~IE LAND GROUPf .rNC~
Date: 8/1 0/04
To:City of Meridian
33 East Idaho
Meridian, Idaho
Phone: Fax:
Enclosures include the following:
DCopy of Letter DSubmittal Data
o Samples DChange Order
DAttached DUnder Separate Cover
DShop Drawings DPlans
Architect Job No:
Job Name: 10 Mile Drain
Attention:
o Specifications
DPrints
DOther
Via:
I8]Courier
DFax
DFed-Ex
Du~s~ Mail
Dups
DOther
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Duplicate originals of Request for License
Agreement
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These are submitted as checked below:
DFor acceptance DFurnish as subtnitted
DFor your use DFumish as noted
DAs req uested DReturned for corrections
DFor review & comment DRejected - see remarks
DResubmit_copies for acceptance OPrints returned
o Su bmi t_ copies for distribution after loan to us
DReturn_corrected prints DFor bids use
D Return prints after use
Remarks: Both sets of originals to be signed and notarized, then returned to The Land Group_
I Signed: Ken Nguyen I Ice:
If enclosures are not as noted kindlv notify us immediate/v.
,
Landscape Architectllre "Site P10l1JJilrg · Civil Engi1leering . Golf COllrse Irrigation & ElIgil1eerilJg . Graphic Commllllicalioll
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 . P 208.939.4041 F 208.939.4445 . \vww.the1andgroupinc.com
RINGERT
..C+CLARK
CHARTERED
LA WYERS
( .. ..
AUG ~ 6 2004
Laura E. Burri
Jerfre~" R+ Chrjslenson
Da\:Pid p ~ Claiborne
Dr Blair Clarl(
Michael J,. DooU[lJe
5+ Bryce Farris
David l-tammerquist
Charles Lr Honsinger
Joseph B~ Jones
James p~ Kaufman
Jennifer Reid ~lalloney
James G. Reid
Daniel V ~ Steenson
^ lJyn L. Sween e)'
August 5,2004
I(en Nguyen
The Land Group, Inc.
462 E. Shore Drive, Suite 100
Eagle, ill 83616
\:VilUam F. Ringert. of CounseJ
Samuel Kaufnlan (192] - J 986)
Re: Request for License Agreement with Nampa & Meridian Irrigation District to
construct sewer line within the easement for the Ten Mile Drain.
Dear Ken:
Enclosed for review and signature are duplicate originals of the above-referenced License
Agreement which you requested on behalf of Gary Bates, Larry and Lisa Ross and the City of
Meridian.
Both originals of the Agreem.el1t must be signed and notarized as indicated by Mr. Bates, Mr.
alld Mrs. Ross and the City of Meridian. Do not date the agreement. Ifboth originals are executed
and retllmed to me by August 11, 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 August 17, 2004. The District
will then have its original recorded and return YOllf 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,
p
Enclosures
455 South Third street . P.O. BOX 2773 . BOise, IdahO 8370 1 . 208/342-4591 FAX 342-4657
/.~~. .
{
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this ({)1'3 day of /!uquJ/- ,2004, by and
among NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under
and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the HDistrictU,
and
CITY OF MERIDIAN,
33 East Idaho, Meridian, Idaho 83642; and
GARY D. BATES, a single man, and LAWRENCE A. ROSS AND LISA H. ROSS, husband and wife,
1412 W~ Idaho Street, Suite 110, Boise, Idaho 83702,
party or parties of the second part, hereinafter collectively referred to as the "Licensee",
W II NESSEr H:
WHEREAS, Licensee is the owner ofreal property and/or right-of-way for a sanitary sewer line and
water line (burdened with the easement of the District hereinafter mentioned) particularly described in the
IrLegal DescriptionH 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 TEN MILE DRAIN (hereinafter
collectively refen4ed to as "ditch or canalU), an integral part of the Districtfs irrigation works and system,
together with the easement therefor to convey itTigation water, operate, clean, maintain, and repair the ditch
or canal, and access the ditch or canal for those purposes; and,
WHEREAS, said ditch or canal and easement crosses Licensee's property and/or right-of-way as
shown on Exhibit B attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch
or canal or the District's easement in its course across the lands of the Licensee in the manner and under the
terms and conditions hereinafter set forth; and,
WHEREAS, the City of Meridian, by execution of this agreement, agrees to assume the maintenance
and operation of the sewer and water facilities constructed affecting said ditch or canal or the District's
easement in the manner and under the terms and conditions hereinafter set forth after it provides final
approval, in writing, and to be bound by the terms and conditions of this agreement and the City of Meridian
agrees to assume the obligations and responsibilities as the Licensee which are imposed by this agreement
once it provides final approval of the construction and installation; and,
WHEREAS) it is necessary that the District protect 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
District1s easement along said ditch or canal in the manner generally described in the uPurpose of Licensell
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 easen1ent along said ditch or canal shall be
performed and Inaintained in accordance with the HSpecial ConditionsU 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 Districes 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 ('lfacilityu as used in this agreement means any object or thing of any nature
installed in or on the Dish-jet'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 District1s easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the ditch or canal
or the delivery of irrigation water by the District;
c. an increase in seepage or any other increase in the loss of water from the ditch or
canal;
d. the subsidence of soil within or adjacent to the easement;
e. any other damage to the District's easement and irrigation works~
5. The Licensee agrees to indenmify, hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee1s 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 subj ect to inspection by the District and the Districtfs eng-ineers, and that final acceptance of
such work shall not be made until all such work and materials shall have been expressly approved by the
District. Such approval by the District shall not be unreasonably withheld.
7~ The District reserves the right, at the Districes option, to remove any facility installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee
agrees to pay to the District, o.n demand, the costs which shall be reasonably expended by the District for
such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the
District) at its option, and without impairing or in anywise affecting its other rights and remedies hereunder,
LICENSE AGREEMENT - Page 2
(.
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\
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 District1s performing
such Inaintenance, repair or other worl( except that in cases of emergency the District shalI attempt to give
such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any
claim of any kind by Licensee or any third party against the District for failure to exercise the options stated
in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made
against the District arising out of or relating to the terms of this paragraph except for claims arising solely
out of the negl igence 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 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 Llcensee1s activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the
District from all costs and liabilities associated with the application of such laws or the assertion of such
jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee
shall cease all activity and remove any facility authorized by this agreement
9. In addition to alI other indemnification provisions herein, Licensee further agrees to
indenmify, hold harmless and defend tIle District fron1 any injury, danlages, clain1, lien, cost and/or expense
(including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent
acts or omissions of Licensee or jts 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 wh-ich shall occur
to any facility, structure, plant, or any other improve.ment of any kind or .nature whatsoever which the
Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the
District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further
agrees to suspend its use of the said easement area when the use of the easement area is required by the
District for maintenance or repair under this or any other paragraph of this agreement.
11. Licensee shall place no structures or landscaping of any kind above within the District's
easement area except as referred to in th-is agreement or exhibits hereto without the prior written consent of
the District.
12. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted,
shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party.
13. The parties hereto understand and agree that the District has no right in any respect to impair
LICENSE AGREEMENT - Page 3
/~~~.. .
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('.':....'.. .
the uses and purposes of the irrigation worl<s 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
systen1 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 L"icensee 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 j urisd iction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and
effect.
20. The word It Licensee" , if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular nu.mber 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
ass-i gns .
NAMP A & MERIDIAN IRRlGA TION DISTRlCT
By
Its President
LICENSE AGREEMENT - Page 4
ATTEST:
Its Secretary
CITY OF MERIDIAN
A TIEST:
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;/c/IIIII OUNT'l '\\\\\'DARY D. BATES, a single man, and LAWRENCE A~
I/JllitH \1\\\'\\ ROSS AND LISA H. ROSS, husband and wife
$'11~() 4-
Gary D.
. 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 lRRIGA 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.
LICENSE AGREEMENT - Page 5
f~.
\"-.n ___. .
(u.-_.....
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
)8S.
County of Ada )
On this I )+tr\ day of Aula tiS f- , 2004, before me, the undersigned, a notary
public in and for ,said state: personally appe~red "uu\r).wu'l A.p 4)e(.Jrpt ~nd tc.\ Ibd. ~L &..~r ,~ , Imown to
me to be the c.\ t~ tVtpt.y;, i'.- and c.;-t-y C! te~.lc , respectIvely, of the CITY OF MERIDIAN,
the political subdivision and municipality that executed the foregoing instrument, and aclmowledged to me
that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
. ~~1.. ..:~
and year in this certIficate fir~~"'~l~l;r lr~f)".,.,
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COlmty ofCUJujOY\...- )
On this IOfi\ day of vA- U J Gt...2J , 2004, before me, the undersigned, a notary
public in and for said state, personally appeared GARY D. BATES, a single man, and LAWRENCE A.
ROSS AND LISA H. ROSS, husband and wife, known to me to be the individuals that executed the
foregoing instrument) and aclmowledged to me that they executed the same.
\\\ ~ x. ~" ..... jt/
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N~ary Bhblic for +c{~ ho
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*!Y.,. ommission Expires: C) tf/I...+d/A 7
STATE OF IDAHO
LICENSE AGREEMENT - Page 6
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ADA COUNTY RECORDER J.. DAVID NAVARRO
BOISE IDAHO 06/21/04 12:59 PM
DEPUTY Bannl a OberbiUig
RECORDED - REQueST OF
TIlle One
AMOUNT 6.00
2
11111 JIll 111111111111111111 11111111/1
le4077S81
Order No..: A03192265T/KF
WARRANTY DEED
FOR VALliE RECEIVED,
PATRICK M.. THACKER and JUD! B. lHACKER, husband and wife, the
Gmntors do hereby grant, bargain sell and convey unto GARY D " BATES, a single man
and LAWRENCE A. ROSS and LISA H. ROSS, husband and wife whose current
address is 1412 w. Idaho Street Suite 110, Boise, ID 83702, the Grantee, tile following
described premises, in Ada COWlty, Idaho7 TO WIT;
That portion afLot 1 in Section.l9, Township 3 North, Range 1 Ease, Boise Meridian,
Ada County, Idaho, more particularly described as follows:
Beginning at the brass cap marking the Northwest comer of said Lot 1; thence
North 89Q4314311 East 545.60 feet along the Northerly boundary of said Lot 1 to a point,
said point being the REAL POINT OF BEGINNING; thence
South. 3000'00n East 497.46 feet to an iron pin; thence
South 89D43143u West 21 0.22 feet to an iron pin on the center line ofTen Mile Drain;
thence
North 17038'40" West 520~65 feet along the said center line to a point on the Northerly
boundary of said Lot 1; thence
North 89043'4311 East 342~OO feet along the said Northerly bOlUldary to the POINT OF
BEGINl'UN"G.
EXCEPTING THEREFROM:
A parcel of land conveyed to Ada County Highway District by Warranty Deed recorded
October 4~ 2002 as Instrument No. 102114824, being located in Government Lot 1 of
Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a brass cap monument marking the northwesterly comer of said
Government Lot I from which a 5/8 inch diameter iron pin marking the northeasterly
corner of said Government Lot 1 bears
North 89043'25" East a distance of 1116.39 feet; thence
Exhibit A' page 1
iL-U~-2UU~{THUJ
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North 89043'2511 East along the northerly boundary of said Government Lot 1 a distance
of203.45 feet to the POINT OF BEGJNNIN"G; thence continuing
North 89043'2511 East a distance of 342..00 feet to a point; thence leaving said northerly
bOlUldary
South 3000l181, East a distance of 45,05 feet to a point; thence
South 89043'25u West a distance of 330.07 feet 10 a point; thence
North 17038'5811 West a distance of 47..15 feet to the POINT OF BEGINNING,
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his
heirs and assigns forever" And the said Granrors do bereby COvenant to and with the said Gmnteel thilt they
arc the owners in fee simple of said premises; that they ore free from an encumbrances EXCEPT: Subject
to all existing patent reservationst cnsements, right(s) o(waYI prolective Covcnants9 zoning ordinances, and
app licablc building codes., laws and regulations, general taxes ilnd assessments. including irrigation and
utility easements (if any) for the current yeart which arc not due and payable, and that Grantors will warrant
and defend the same fram alllawfu) claims whatsoever.
State of Idaho )
._ __) ss:
County of Ada )
On this LL.a~y of June 2004, before me, the undersigned a Notary ~ublic in and for said state
personally appeared Patrick M'I Thacker and rudi B. Thacker knOVJ11 to me or proved to me on
the basis of satisfactory evidence to be the persons whose names arc subscribed to the \vi1hi.n
instnlment and acknowledged to me that they executed the same..
IN SS F I have set my hand and official seal on the date sho'Wll above~
N tary Public
Commission Expires: I 0/ ~ ~~
Exhibit A, page 2
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Exhibit B
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EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
1. construct, install and maintain a sanitary sewer line within and across the District's
easement for the Ten Mile Drain,
all within or near Licensee's real property described in Exhibit A, Southern Springs No~ 1 Subdivision,
located southeast of the intersection of Overland Road and Meridian Road in Meridian, Ada County, Idaho.
EXHIBIT D
Soecial Conditions
a. Construction shall be in accordance with certain plans consisting of two sheets: sheet Cl.O
entitled "Southern Springs No.1, Cover Sheet," bearing engineer's stamp dated July 13,2004; and sheet
C3.0 entitled "Southern Springs No.1, Street Plan and Profile," .bearing engineer's stamp dated July 13,
2004~ These plans have been delivered to the Districes 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 of title to the property subject to the District1s easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indenmify and defend the District from any claim
by any party arising out of or related to such failure of rights and at the option of the District this agreement
shall be of no force and effect.
d. The parties expressly agrees that the City of Meridian shall not be considered the Licensee
under the telms of this agreement until the City of Meridian provides final approval, in writing, of the
construction and installation of the sewer line described in Exhibit C of this agreement and takes over the
operation and maintenance of said sewer line. Until such time as the City of Meridian provides final
approval in writing, the covenants, conditions and obligations of this agreement shall be binding upon Bates
and Ross, and their agents and successors in interest. At sllch time as the City of Meridian does provide final
approval of the construction and installation of the sewer line, the parties agree that Bates and Ross, shall
be released from any obligations, conditions or covenants of this agreement, and Bates and .Ross, shall no
longer be considered the Licensee under the terms of this agreement.
e. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
landscaping within the District's easement, .nor perform any construction or activity within the District's
easelnent for the 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 Ten Mile Drain is 100 feet, 50 feet to either
LICENSE AGREEMENT - Page 7
t:.
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l"
side of the centerl ine.
essence.
f. Construction shall be completed one year from the date of this Agreement Time is of the
LICENSE AGREEMENT - Page 8
.-::.v:--. .:.
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SPECIAL POWER OF ATTORNEY
!<JI0"\V All Men by Tllese Presents: That I ~it;t+ ~ - .::...(~~
lave Inade, constituted, and appointed, and by these presents do lnake, constitute and appoint
. If) e} ~ - I J2~ ~ll\ , IUY true and la\vful
attorney for and in IllY name, place and stead, and for IUY use and benefit as fOIJOlVS:
TO FRESE.RVE, MANAGE, LEASE, EXCHANGE, BUY OR SEL.L FOR CASH, CREDIT OR
CONTRACT, CONVEY, ENCUMBER BY MORTGAGE OR TRUST DEED, ALL UPON
SUCH TERMS AND CONDITIONS AS SHE/I-IE/TI-IEY SEE FIT, AS THE SAIvIE PERTAIN
TO THAT CERTAIN REAL PROPERTY LOCATED AT 165 E. Overland Road~ Meridian.
Idaho, MORE PARTICULARLY .DESCRIED AS FOLLOWS: (Continued)
and to sign, seal, execute, deliver and acl<nolvJedge such instruluellts in lvriting of \vhatever Idud and
nature as Illay be necessary or proper in the prenlises.
Giving and granting unto said attorney full pOlver and authority to do and perfornl and all evel-Y act
and thing lvha(~soever requisite and necessary to be done in and about the above stated preluises, as fully to all
intents and PurlJoses as the signer Iuigh.f' or could do if personally present, and hereby ratifying and
cOllfirluillg all that said attorney shallla\vfnlly do or cause to be done in the above state prell1ises by virtue of
these present-so
112 ./t-I
IN WITNESS WHEREOF, I have hereunto set my hand and seal this -L day of (U~~J~6'
, 20 ~.
~
STATE OF IDA1-IO )
) ss
COUNTY OF ADA )
On this \ t;~'^ day o:ilin<2-. ,2004, before tue, the undersigned, a Notary Public in and for said
State, personally appeared L{~C'A \-l JI \~() So..s , lalown to ll1e to be the person \vhose nallle is
subscribed to the within instnnnellt and who acknowledged to tIle that cs:;\n E- executed saine.
al the day a nd. year 'first
IN WITNESS WI-IEREOF, I have hereunto set nlY hand and a lX
above \vritten.
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August 13, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 17,2004
ITEM NO.
7
REQUEST Property Tax Appeal
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 DE?T:
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 I nifials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
August 13, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 1 7 I 2004
ITEM NO.
15
REQUEST Water, Sewer and Trash Delinquencies
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:
OTH ER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeflngs shall become property of the City of MeridIan.
(:
(
(.
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08/17/04
IN THE MATTER OF THE
REQUEST FOR ANNEXATION &
ZONING OF 30 ACRES TO R-8
ZONE FOR A PLANNED
DEVELOPMENT
) Case No. AZ-04-014
)
)
)
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
SAGEWOOD DEVELOPMENT, INC.,
Applicant
The above entitled annexation and zoning application having co.me on for public hearing
on August 17,2004, at the hour of7:00 p~m., and Anna Canning, Shawn Nickel, Lisa Wanner
Sisler and David Bailey, appeared and testified., and the City Council having duly considered the
evidence and the record in this matter therefore.makes the following Findings of Fact and
Co.nclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with. all notice and hearing requirements set forth in
Idaho Code SS 67-6509 and 67-6511, and Meridian City Code ~g 11-15-5 and 11-16-1.
2. The City Co.uncil 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,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002,
FINDINGS OF FACT AND CONCLusrONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING - SIENNA CREEK SUBDIVISION
(AZ.04-0 14)
.PAGE I OF 8
(o"~........-. . .
i
(
C'~.....
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property is approximately 30 acres in size and is generally located 1/4 mile
north of Us tick Road and ~ mile east of Linder Road. The pro:perty is designated as Medium
Density.Residential.
4. The owner of record of the subject property is Sagewood Development, Inc.
5. Applicant is Sagewood Development Inc..
6. The su.bject property is currently zoned RUT.
7. The Applicant requests the property be zoned as R-8.
8. The subject property is bordered to the nortll by R-8 zoning, to tIle SO.utIl by RUT
zoning, to the east by R-8 zoning, and to the west by R-4 zoning (middle school).
9. The property which is tIle subject oftllis application is within the Area of Impact
of the City of Meridian.
10. TIle entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
11. The Applicant proposes to develop the subject .property in the following Inanner:
as a resid.ential planned development
12. The A.pplicant requests zoning of the subject real property as R-8 which is
consistent with the Meridian Comprehensive Plan Future Land Use Map wl1ich designates the
subject property as Medium Density Residential
13. There are no significant or scenic features of major importance that affect the
consideration of this application.
FINDINGS OF FACT AND CONCLUS IONS OF LAW
AND DECISION AND ORDER GRANTING APPLrCATION
FOR ANNEXATION AND ZONING- SIENNA CREEK SUBDIVISION
(AZ-04-0 14)
PAGE 2 OF 8
(."
The City Council of the City of Meridian hereby ap.proves the requ.ested. Annexation and
Zoning as req.uested by the applicant for the property described in tIle application, subject to the
following:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. 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.
B. The Applicant shall also cOlnply with the conditions and requirements of the corresponding
orders for ap.plications for tl1is project, whicl1 are Preliminary Plat- PP-04-019 and Conditional Use
Permit - CUP-04-021.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written req.uest for
annexation and the real prope.rty being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian Ci.ty Code S 11-16 provides the City may alUlex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehe.nsive Plan City of Meridian adopted A.ugust 6,2002,
Resolution No. 02-382.
FlNDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION A.NO ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING - SIENNA CREEK SUBDIVISION
(AZ-04-0 I 4)
PAGE 3 OF 8
C.
4. The project follows the pertinent provisions of the City of Meridian Comprehensive
Plan that are applicable to this Applicatio.n.
5. The zoning of (R -8) Medium Density Residential is defined in the Zoning Ordinance
at ~ 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates tl10se areas where suell development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversio.n of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systenlS of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 1 05
Idaho 65, 665 P2d 1 075 (1983).
7 · The development of the annexed land., if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
develo.pment time schedules and requirements; Section 12-4-13, w:hicl1 pertains to the piping of
ditches; an.d Section 12-5-2 N, which pertains to pressurized irrigatio.n systems, and Zoning and
Subdivision and Development Ordinance of tIle City ofMeridian~
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
DECISION AND ORDER
NOW, THER.EFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING - SIENNA CREEK SUBDlVIsrON
(AZ-04-0 14 )
PAGE40F8
(~n ..
~~........--.... ..
(... .
1. The applicant's req.uest for annexation and zoning of approximately 30 acres to R-8
(Medium Density .Residential) is granted subject to tIle terms and conditions of this Order
hereinafter stated.
2~ The application is for annexation and zoning of30 acres~ The legal description shall
be prepared by a Registered Land Surveyor, Licensed. by the State of Idaho, and shall confonn to all
the provisions of the City of Meridian Resolution No. 1584 The legal description for annexation
must place this parcel contiguous to the Corporate City Limits per Ordinance No~ 686~
3 · Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the .property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of develo.pment, to-wit:
B~ Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. 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.
4. TIle Applicant shall also co:mply with the conditions and. requirements of the
corresponding orders for applications for this project, which are Preliluinary Plat - PP-04-019 and
Conditional Use Permit - CUPM04-021 ~
5~ The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation oftl1e real :pro.perty whic.h is the subject of the
application to (R-8) (Medium Density Residential), and Meridian City Code S 11-7-2.
6. Subseq.uent to the passage of the Ordinance provided for in section 5 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate .mapping changes of
the official bou.ndaries and zoning maps as provided in Meridian City Code S 11- 21-1 in accordance
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECIsrON AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING - SIENNA CREEK SUBDIVISION
(AZ-04-0 I 4 )
P AG E 5 0 F 8
~.r."'. ..
(" . .
with the provisions of the annexation and zoning ordinance~
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 twe.nty-eight (28) days after tIle final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within whicl1 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 Cod.e ~ 67-6521. An affected person being a person who has an interest in real
pro.perty which may be adversely affected by this decision .may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTrNG APPLICATION
FOR ANNEXATION AND ZONING - SIENNA CREEK SUBDIVISION
(AZ-04-0 14)
PAGE60F8
(
By action of the City Council at its regular meeting held on the 1 iI-
S~\etll bcr
, 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED
COUNCILMAN BILL NARY
VOTED
COUNCILMAN CHARLIE ROUNTREE
day of
VOTED \.A~
G
COUNCILMAN. KEITH BIRD
VOTED
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: '1-1-04-
VOTED -
MOTION:
A:PPROVED: X
~
DISAPPROVED:
Attest:
\\\\\1I1!J 111/111
,,\\~ Of MEIT/O"'//I'
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FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING ~ SIENNA CREEK SUBDMsrON
(AZ-04-0 I 4)
PAGE? OF8
(~
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Copy served upon Ap.plicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
By:
City Clerk's Office
Dated: --5 - .;74-~ Of-
z:\ Work\M\Meridian\Meridian 15360M\Sienna Creek\SiennaCk AZ-04-0 14 Findings.doc
FINDINGS OF FACT A.ND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APP.LICATION
FOR ANNEXA TIQN AND ZONING - SIENNA CREEK SUBDIVISION
(AZ~04-0 14 )
PAGE80F8
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BEFORE THE CITY COUNCIL O.F THE CITY OF MERIDIAN
C/C 08/17/04
IN THE MATTER OF THE REQUEST )
FOR CONDITIONAL USE PERMIT )
FOR A PLANNED DEVELOPMENT )
IN AN R-8 ZONE FOR SIENNA )
CREEK SUBDIVISION )
)
)
)
Case No. CUP-04-021
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
SAGEWOOD DEVELOPMENT, INC.,
Applicant
TIle above entitled conditional use permit application having come before the City
Council on August ly, 2004, at the llour of7:00 p.m.., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Canning, Shawn Nickel, Lisa Wanner Sisler and David Bailey,
appeared. and testified, and the City Councilllaving duly considered the evidence and the record
in this matter and the Recommendations to City Council issued .by the Planning and Zoning
Commission who conducted a .public hearing and the Councilllaving l1eard and taken oral and
written testimo.ny, and having duly considered the matter, the City Council hereby makes the
following Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. The property is located approximately ~ mile north of Us tick Road and ~ mile east of
Linder Road, Meridian.
2. The owner of record of the subject property is Sagewood Development, Inc.
3.
Applicant is Sagewood Development, Inc.
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4. The subject property is currently zoned RUT. The zoning district ofR-8 is defined witllin
the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
FINDINGS OF FACT AND CONCLUSIONS OF LA\V AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEKSUBDIVISION; CASE NO. CUP-04-021
PAGE 1 OF 15
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5~ T.he Applicant requests the Conditional Use Permit for a Planned Development in a R-8
zone. The R-8 zoning designation within the City of Meridian Zoning and Development
Ordinance requires a Conditional Use Permit be obtained for most uses including those
req.uested by the A.p.plicant. (Meridian City Zoning and Development Ordinance, Section
11-8-1 ).
6. The Meridian Planning and Zoning Conunission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
79 The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy~
T.he City Council of the City of Meridian l1ereby approves the requested Conditional Use
Permit as requested by the Applicant for the pro.perty described in the applicatio.n, subject to the
following:
A9 Adopt the Special Reconunendations of the Planning and. Zoning Conunission as follows:
1. Note that staff report indicates that the ap.plicant has requested permission to constru.ct
attached single family homes on the alley-loaded lots within the subdivision~ The applicant's
actual request was to leave the option open to construct attached single family homes along the
southern boundary of the subdivision. However, the planned develop.ment request does not
include a reduction in the side yard. setbacks~ Therefore, no attaclled units are approved with this
subdivision. If the applicant still desires to co.nstruct attached units, tl1ey may request a
modification of setbacks from the Planning and Zoning Commission~
B. Adopt the Recomme.ndations of the Planning and Zoning and Engineering staff as
follows:
1. Applicant shall meet all of the requirements of the preliminary .plat as a condition of the
Conditional Use Permit.
2. The applicant shall provide a minimum of two amenities which are appropriate for the
scale of the :proposed planned development. Details of tb.ese amenities should by tIle date
of the Planning and Zoning Commission hearing~
39 All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
49 The following reductions in dimensio.nal standards have been requested:
FIN.DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE N09 CUP-04-021
PAGE 2 OF 15
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Lot Size- City Requirements (R-8)
4,000 sq.ft (attac.hed)
6,500 sq. ft. (detached
Proposed .Lot Sizes
3,910 sq.ft. (attached)
5,000 sq. ft. (detached)
Lot Frontage-City Requirements (R-8)
65 'minimum (detached)
40' minimum (attached)
Proposed Frontage
50' minimum (detached)
34' .minimum (attaclled)
Block .lengtll-l ,000'
1 ,300'
c. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require a fire- flow of 1 ,000 gallons per minute avai lable for
duration of 2 hours to service the entire project Fire hydrants shall be placed an average of
400' apart. International Fire Code Appendix D
2. Acceptance of the water supply for fire .protection will be by the Meridian
Water Department.
3. Final Ap.proval of the fire hydrant locations sllall be by the Meridian Fire Department.
a. -Fire Hydrants shall have the 4 ~" outlet face the main street or .parking lot aisle.
b. TIle 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'.
4. 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.
5. All entrance and internal roads shallllave a turning radius of 28' inside and 48' outside
radius.
6. Insure that all yet .undeveloped parcels are maintained free of combustible vegetation.
7. Operatio.nal fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEKSUBDIVlSION; CASE NO. CUP-04-021
PAGE 3 OF 15
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8~ The roadways shall be built to Ada County Highway Standards and shall have a clear driving
surface, available at all times, which is 20' wide. Streets with less than a 29' street width
shall have no parking~ Streets with less than 33' shall have parking only on one side.
9. The fire department requests that any future signalization installed as the res.ult of the
development of this project be equip.perl with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer
1 o. Provide a Knoxbox entry system for the complex.
11. Paint the curb red and provide signage "No Parking Fire Lane".
12~ No Parking signs and painted curbs will be required for all Fire Lanes.
13. No parking shall be allowed in Lorna Court.
D. Adopt tIle Recommendatio.ns of Central District Health Department as follows:
l~ This :proposal can be ~pproved for central sewage & 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 tIle Idaho Department of Health & Welfare, Divisio.n of Environme.ntal
Quality.
3. Run-offis 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 managelnent practices for stormwater disposal and design a storm water
management system that prevents groundwater and surface water degradatio.n.
E. Adopt the recommendations of tIle Ada County Higllway District as follows:
Site Specific Conditions of A.pproval
1. Construct West Ashton Drive to intersect Venable Lane approximately 235-feet south of
the north property line to align with Ashton Drive on the west side of Venable Lan.e, as
proposed. Install a stop sign on Venable Lane (on the south leg) at the West Asllton
Drive and Venable Lane intersection.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTlNG CONDITIONAL USE PERM.IT
SIENNA CREEK SUBDIVISION; CASE NO.. CUP-04-021
.PAGE 4 OF 15
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2. Construct West Ashby Court to intersect into Venable Lane to align with West Ashby
Drive on the east side of Venable Lane.
3. Dedicate and additional 25-feet of right-of-way on Venable Lane and construct Venable
Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and additional
pavement to complete a 40-foot street section. Stripe Venable Lane as a 3-Iane roadway,
as recommended by the submitted traffic impact study. Submit the striping plan to the
District fro review and approval.
4. Construct West Ashton Drive as a 36-foot street section with rolled curb and. gutter and
an attached 5- foot concrete sidewalk on the north side of th.e road.way and constru.ct the
south side of West Ashton Drive as a 36-foot street section with rolled curb and gutter
and. a 4-foot concrete sidewalk that is detached by a 5-foot .planter strip on the so.uth side
of the roadway, as pro.posed.
5. Construct the remainder of the internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached co.ncrete sidewalks within 50-feet of right-of-way, as
pro.posed.
6. Construct the alley with 12-feet of pavement and constru.ct the alley intersection with a
minimum of back- of-curb radius of IS-feet Obtain a license agreement for tIle
landscaping within the alley right-of-way. Parking shall be designed so the minimum
clear distance from the .back of the parking stall to the op.posite side of the alley is 22-
feet for perpendicular parking.
7. Extend North Sandoon Drive from the north property line, as proposed.
8. Extend North Arches Way from the east property line (tb.e northeast comer of tIle
property), as proposed.
9. Construct North McKinley Park Aven.ue to the south property line approximately 96-feet
east of the west property line, as proposed. Install a sign at the terminus of the roadway
stating, "tllis roadway will be extended in tIle future".
10. If tIle City of Meridian requires the ap.plicant to construct an additional stub street to the
south .property line. Install a sign at the termin:us of the roadway stating, "this roadway
will be extended in the future".
11. Extend W est Ashby Court to V enab Ie Lane to align with West Asllby Drive on the east
side of Venable Lane.
12. Construct one cul-de-sac turnaround within the subdivision. Provide a minimum turning
radius of 45-feet for the cul-de-sac turnaround.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04-02..
PAGE 5 OF 15
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13. Construct one knuckle without a center island within the subdivision, as pro.posed~
14~ Other than the access points that have specifically been approved with this application,
direct lot access to Venable Lane is :prohibited. A note of the access restriction will be
required on the final plat
15. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall .be relocated o.utside of the right-of-way.
2. All utility relocation costs associated with ilnproving 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 ofth.e pro.posed 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 Higllway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
proced.ures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho sIlall prepare and certify all improvement plans.
6~ The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or otller required permits), which i.ncorporates 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 dalnaged 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AN.D ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04-021
PAGE 6 OF 15
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shall co.ntact 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 oftllis approval shall be valid unless they are in
writing and signed by the ap.plicant 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 co.nfirmation of any change from tIle Ada County Highway
District
11.Any change by the applicant in the .planned use of the property which is the subject of
this ap.plication, 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 require.ments or
oth.er legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
F. Adopt the recommendations of the Parks Departtnent as follows:
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
3. An inventory of existing trees will be co,mpleted by the Parks and Recreation Department
for the subject property.
DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named. applicant is granted a co.nd.itional use permit for a Planned
Development consisting of 136 single family residential building lots and 13 common lots,
including three open space areas on 30.0 acres proposed R-8 Zone, for Sienna Creek Subdivision
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04-021
PAGE 7 OF 15
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located approximately ~ mile north of.Ustic.k Road and ~ mile east of Linder Road,~ Meridian,
Idaho, subject to the following conditions of . use and. development:
A~ Adopt the Special Recommendations ofth.e Planning and Zoning Commission as follows:
1. Note that staff report indicates that the applicant has requested permission to construct
attaclled single family homes on tIle alley-loaded lots within the subdivision. The ap.plicant's
actual request was to leave the option open to construct attached single family homes along the
soutllem boundary of the subdivision. However, the planned development req.uest does not
include a reduction in the side yard setbacks. Tl1erefore, no attaclled units are approved witll this
subdivision~ If the applicant still desires to construct attached. units, they may request a
modification of setbacks from the Plannin.g and Zoning Commission~
B. Adopt the Recommendations of the PlalUling and Zoning and Engineering staff as
follows:
l~ A.pplicant s.hall meet all of the requireme.nts of the preliminary .plat as a condition of the
Conditional Use Permit.
2. TIle applicant shall provide a minimum of two amenities wl1ich are ap.propriate for the
scale of the proposed .planned development. Details ofth.ese amenities should by the date
of the Planning and Zoning Commission heari.ng.
3. All develoPlnent shall comply with the Americans with .Disabilities Act and the Fair
Housing Act.
4~ The following reductions in dimensional standards have bee.n requested.:
Lot Size- City Requirements (R-8)
4,000 sq~ft. (attached)
6,500 sq. ft. (detached
Proposed Lot Sizes
3,91 0 sq~ft (attached)
5,000 sq. ft~ (detached)
Lot Frontage-City Requirements (R-8)
65 'minimum (detached)
40' minimum (attached)
Proposed Frontage
50' minimum (detached)
34' minimum (attached)
Block length-l,OOO'
1 ,3 00'
c. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protectio.n for the proposed project:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE .PERl\tllT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04-021
PAGE 8 OF 15
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1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project Fire hydrants shall be placed an average of
400' apart International Fire Code Appendix D
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3 · Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Y1" outlet face tIle main street or .parking lot aisle.
b. The Fire hydrant shall not face a street which does not bave 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 1 0' 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 1 0' ~
4. The phasing .plan may require that any roadway greater than 150' in lengtll that is not
provided witll an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
7 .. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
8. The roadways shall.be built to Ada County Highway Standards and shallllave a clear driving
surface, available at all times, wh.ich is 20' wide. Streets with. less than a 29' street width
shall have no parking. Streets with less tllan 33' shall have parking only on one side.
9. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation. is to
be borne by the developer
10. Provide a Knoxbox entry system for the complex.
11 ~ Paint the curb red and provide signage ''No Parking Fire Lane"~
12. No Parking signs and painted. curbs will be required for all Fire Lanes.
13~ No parking shall be allowed in Lorna Court.
D. Adopt the Recommendations of Central District Health Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LA\V AND DECISION
AND ORDER GRANTING COND.ITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04-021
PAGE 9 OF 15
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I.. This proposal can. be approved for central sewage & 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 Departm.ent of Health & Welfare, Division of Environmental
Quality.
3. Run-offis not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subs.urface
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 stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
E.. Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1 ~ Construct West Ashton Dri.ve to intersect Ve.nable Lane approximately 235-feet so.uth of
the nort.h property line to align with Ashton Drive on the west side of Venable Lane, as
pro.posed. Install a stop sign on Venable Lane (on the south leg) at the West Ashton
Drive and Venable Lane intersection.
2. Construct West Ashby Court to intersect into Venable Lane to align with West Ashby
Drive on the east side of Venable Lane.
3~ Dedicate and additional 25-feet of right-of-way on Venable Lane and construct Venable
Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and additional
pavement to complete a 40-foot street section.. Stripe Venable Lane as a 3-lane roadway,
as recommended by the submitted traffic im.pact study. Submit the striping plan to the
District fro review and ap.proval.
4~ Construct West Ashton Drive as a 36-foot street section with rolled curb and gutter and
an attached 5- foot concrete sidewalk on the north side of the roadway and co.nstruct the
south side of West Ashton Drive as a 36-foot street section with rolled curb and gutter
and a 4-foot concrete sidewalk that is detac.hed by a 5-foot planter strip on the south side
of the roadway, as proposed.
5~ Construct the remainder of the internal roadways as 36-foot street sections witll rolled
curb, gutter and 5- foot attached concrete sidewalks within 50-feet of right-of-way, as
proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTlNG CONDITIONAL USE PERl'iIIT
S.lENNA CREEKSUBOIVISION; CASE NO.. CUP-04-021
PAGE 10 OF 15
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6. Constru.ct the alley with 12-feet of pavement and construct the alley intersection with a
minimum of back- of-curb radius of IS-feet. Obtain a license agreement for the
landscaping within the alley rigl1t-of-way. Parking shall be designed so the minimum
clear distance from the back of the parking stall to the opposite side of the alley is 22-feet
for perpendicular parking.
7. Extend North Sandoon Drive from the north property line, as proposed.
8. Extend North Arches Way from tIle east property line (the northeast corner of the
property), as proposed.
9. Construct North McKinley Park Aven.ue to the south property line approximately 96-feet
east of the west property line, as proposed. Install a sign at the terminus of the roadway
stating, "this roadway will be extended in the future".
10. If the City of Meridian requires the applicant to construct an additional stub street to the
south property line. Install a sign at the terminus of the roadway stating, "this roadway
will be extended in the future"4
11. Extend .West Ashby Court to Venable Lane to align with West As.hby Drive on the east
side of Venable Lane.
12. Construct one cul-de-sac turnaround within tIle subdivision. Provide a minimum turning
radius of 45-feet for the cul-de-sac turnaround.
13. Construct one knuckle without a center island within the subdivision, as proposed.
14. Otller than the access points that have specifically been approved with this application,
direct lot access to Venable Lane is prohibited. A note oftb.e access restriction will.be
req.uired on the final plat.
15. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities sllall be relocated outside of the right-of-way.
2. All utility relocatio.n costs associated with im.proving 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 pro.posed development. Contact Construction Services at
387-6280 (with file number) for details.
FINDINGS OF FACT AND CONC.LUSIONS OF LA\V AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04-021
PAGE 11 OF 15
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4. Utility street cuts in pavement less than five years old are not allowed unless ap.proved 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 witll the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Constru.ction
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 ofb.uilding
permit (or other required permits), wllich incorporates any required design cllanges.
7. Construction, use and .property development shall be in conformance with all applicable
requirements ofth.e 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 AC.RD 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 gro.und 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 continnation 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 tIle law in effect at the time the change in use is
sought
F. Adopt the recommendations of the Parks Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LA\V AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO~ CUP-04-021
PAGE 12 OF 15
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1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be fol1owed~
2. Standard. Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed..
3. An inventory of existing trees will be cOffi.pleted by the Parks and Recreation Department
for the subject prope.rty.
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 tllis time, the permit
110lder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in tIle conditions of ap.proval, acquire building permits and
commence construction of permanent footings or structures on. or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the com.mission 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 record.ed within this eighteen (18)
month .period. .For projects with multiple phases, tIle eighteen (18) month deadline shall ~p.ply to
the first phase. In the event that the develo:pment is made in successive contiguous segments or
multiple phases, such phases shall be co.nstructed within successive intervals of one year from. the
original date of approval by the council. If the successive phases are not submitted witllin one
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTINC CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO.. CUP-04-02.1
PAGE 13 OF 15
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year intervals, the conditio.ual approval of the future p.hases sIlalI be null and void. (MCC 11-17-
4.B.)
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. SUCll 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 in. real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idah.o Code.
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By action of the City Council at its regular meeting held o.n the 1
day of
~~YV\bt1
, 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: G\~~
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VOTED
FINDINGS OF FACT A.ND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO.. CUP-04-021
PAGE 14 OF 15
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MOTION: ~/J
APPROVED: tv
DISAPPROVED:
Attest:
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'->u ,,~o ~
51 t X'"'
William G~ Berg, Jr., Ci Clerk ~/ Af r. \.0"?- ..:f
~/ ~~o ,f ~,~
/11/ U1\fT 1 1 .' ,\
Illl J h..., '<t. : y . \ \ \.\\\ \. ~
Copy served upon Applicant, Planning and Zonitig'Oepartment, Public Works
Department and the City Attomey~
By: j ClJtCl-A h ~ !lJ\V
City Clerk's Office
Dated: q ~ 24 ..04
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEI( SUBDIVISION; CASE NO. CUP-04-0Z.1
PAGE 15 OF 15
('. ...
~< .
. .............REC0E . . f)..
IN T.RE MATTER OF THE )
APPLICATION OF ROYLANCE & )
ASSOCIATES FOR APPROVAL OF )
6 COMMERICAL BUILDING LOTS )
ON 5.23 ACRES IN AN L-Q ZONE )
LOCATED EAST OF SOUTH )
LOCUST GROVE ROAD AND )
SOUTH OF EAST OVERLAND )
ROAD SITUATED IN A PORTION )
OFTHENE ~ OFTHENW ~ OF )
T.3N., R.IE., SECTION 20 )
)
)
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CAS.E NO. FP-04-050
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before th.e City Council for Final Plat approval pursuant to
Meridian. City Code S 12-3-7 on August 17,2004, and the Council finding that the Administrative
Review is complete froIn Sonya Allen, Assistant City Planner for the Planning and Zoning
Department, and Bruce Freckleton, Senior Engineering Technician for the Public Works Deparbnent,
dated: Hearing Date: August 17, 2004, to the Mayor and Council, and the Council .having
considered the requirements of the prelinlinary plat the Council takes the following actio.n:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING VALENCIA PLAZA SUBDIVISION
LOCATED IN A PORTION OF THE NE ~ OF THE NW 'l4 OF T.3N., R.IE.,
SECTION 20, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR VALENCIA PLAZA SUBDIVISION / (FP-04-050)
page 1 of4
(.. .
X:\PROJECTS\Guho\2468\DRA WINGS\PLA T\FINAL\2468plat. DWG SHEET 1
OF 3, HANDWRITTEN DATE: 07/05/04, ROYLANCE AND ASSOCIATE",
Aspen Grove Development, LLC, Developer, is Conditionally Approved subject to
those conditions of Staff comments as set forth in the Memorandum to the Mayor and
City Co.uncil from Sonya Allen Assistant City Planner for the Planning and Zoning
Departme.nt and Bruce Freckleton, Senior Engineering Technician for the Public
Works Department, dated: Hearing Date: August 17, 2004, listing 10 SITE
SPECIFIC REQUIREMENTS/FINAL PLAT and 4 GENERAL REQUIREMENTS,
a true and correct copy of which is attached hereto .marked Exhibit "A", and
consisting of 3 pages, and by this reference inco1]Jorated herein, and the comments
from N amp a and Meridian Irrigation District, a true and correct copy of which is
attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference
herein.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall
be signed only at such time as:
1. The Plat dimensions are ap.proved by the City Engineer; an.d
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
ORDE.R OF CONDITIONAL APPROVAL O.F FINAL PLAT
FOR VALENCIA PLAZA SUBDIVISION / (F.P-04-050)
page 2 of4
The Applicant is hereby notified that .pursuant to Idaho Code 67-8003, the Owner may
req.uest 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 co.nceming 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, p.ursuant to Idaho Code ~ 67 -6521. An affected person being a perso.n 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 tllis decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
11-th
day
of
, 2004.
. amm
Mayor, ·
\\\\\\\1111 Ill/Ill
\\\ f M:t:h 1,/
~,\ -tJ 0 ~-'1:1 II.I~
'" ~~ ~ ~
Attest: ~~ c} WODA ~ ~
~ . ___co .Vi~ ~
:: ~ 0 --;.
g ~
~~ == SEAL :
- ~ &::
William G. Berg, Jr., City Clerk ~ ~Ou ,cs .0 f
~ -?A. ~r 1$\ i ~ '""
~ v.A/ ~ ,~
Copy served upon Applicant, the Pl~i~inQ~partment, Public Warks Department, and
. /11 t( ~l~
CIty Attorney. tNt"~1Ht ntH\\'
ORDER OF CONDITIONAL APPROVAL OF FWAL PLAT
FOR VALENCIA PLAZA SUBDIVISION / (FP-04-050)
page 3 of4
("
By:
City Clerk's Office
Dated:
q- 24 .04-
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR VALENCIA PLAZA SUBDIVISION / (FP-04-050)
page 4 Of 4
(
('.. .
j
I
MA YOR
Tammy de Weerd
..
Ian
l[rJAHO
, .~'\~...t. ~
'.i
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\1
~l
lY
/
CITY HALL
(208) 888-4433 ~ Fax 887-4813
PUBLIC WORKS
BUILDlNG DEPARTMENT
(208) 887-2211 ~ Fax 898-9551
LEGAL DEPARTMENT
(208) 466-92 72 ~ FAX 4664405
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Sllaun Ward Ie
Cllarles M ~ Rountree
STAFF .REPORT:
City Council .Date: August 17,2004
To:
Mayor, City Council and Planning & Zoning Commission
Sonya Allen, Planner I JIf.
Bruce Freckleton, Senior Engineering Tech
From:
Re:
Valencia Plaza Subdivision
Request for Final Plat Approval of Six (6) Commercial Building Lots o.n 5.23
Acres in the L-O Zone for Vale.ncia Plaza Subdivision, by Roylance and
Associates (File No~ FP-04-050)
We have reviewed the above-referenced submittal and offer the foUowing 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, Roylance and Associates, has requested final plat approval for 6 commercial
building lots on 5.23 acres for Valencia Plaza Subdivision. The proposed subdivision is a re-
subdivision of Lot 1, Block 1, of Resolution Subdivision No. 1 a.nd is located south of
Overland Road, approximately 1h mile east of Locust Grove Road, in the NW IAof Section 20,
T.3N., R.IE.
The submitted final plat complies with the approved preliminary plat.
Staff recommends approval of the final plat for Valencia Plaza Su.bdivision with the comments
and co.uditions stated in this report.
SITE SPECIFIC REQUIREMENTS
1. Ap.plicant is to meet all terms of the approved Preliminary Plat (PP-04-010) and
Development Agreement (Inst. No~ 100056508) for this subdivision.
Exllibit ~~A~~
(-
./.....
(..:
Mayor & City Council
Hearing Date: August 17, 2004
Page 2 of3
2. Submit compaction test results to the Meridian Building Depa.rtment for any building
pads witllin lots receiving engineered backfill.
3~ Revise or add the following notes to the face of the plat:
(6.) Complete recording information~
(11.) The bottom elevation of structural footing shall be set a minimum of 12-inches
above the highest established normal groundwater elevation~
4~ Revise the landscape plan dated 3/12/04, prepared by The Land Group as follows:
a. Revise the landscape plan per the requirements of Preliminary Plat Finding #5,
page 7~
b. If proposing storm drainage swales, please show contours~
5. Street signs are to be in place, water system shall be approved and activated, pressu.rized
irrigation system approved and activated, and road base adequate of supporting a fire
truck shall be installed prior to applying for building permits. All development
improvements shall be installed and approved prior to obtaining certificates of
occupancy. A letter of credit or cash surety in the amount of 110% will be required for
all fencing, .pathways, landsc~ping, .pressurized irrigation, sanitary sewer, water, etc..,
:prior to signature on the final.plat
6" Sanitary sewer service and municipal water to this development shall be via extensions
from existing mains~ A.pplicant will be responsible to co.nstruct the sewer and water
mains to and through this proposed development, thereby making them available to
adjacent properties. Specifically, an eig.ht-inch diameter water main shall be req.uired
through to the west boundary of Lot 2, Block 1, for future "looped" connection to Lot 3,
Block 1 of Resolution Sub. No.1. Subdivision designer to coordinate main sizing and
routing with the Public Works Department Applicant shall execute City of Meridian
standard form of easements, for any mains that are required to provide service"
7" Ap.plicant shall be required to pay Public Works development plan review, and
constructio.n inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374"
8. The pressurized irrigation system within this development is to be own.ed and
maintained by Nampa & Meridian Inigation District. The City of Meridian requires that
pressurized irrigation systems be su.pplied 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
tIle final plat by the Meridian City Engineer"
FP -04-050
Exhibit "A"
Valellcia .Plaza Sub .FP .doc
r
Mayor & City Council
Hearing Date: August 17, 2004
Page 3 of3
9. Complete the Certificate of Owners and accompanying Acknowledgment.
10. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary
plat or Development Agreement does not relieve Applicant of responsibility for
compliance.
GENERAL REQUIREMENTS
1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguo.us 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 Pu.blic Works Departme.nt.
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
non-domestic :p.urposes such as landscape irrigation.)
3. Install IOO-watt, high-pressure sodium streetlights at locations designated by the Public
Works Department. Street light contractor shall obtain an approved design and permit
from the Pu.blic Works Department prior to commencing installations.
3. Replace any tree over four (4) inch caliper t11at is removed from the property with an
equivalent nu.mber of caliper inches of trees. (Required landscape buffer trees will not
.be considered as replacement trees for tllose trees that have to be removed.)
4. Coordinate with the Meridian Public Works Department an.d the Meridian City/Rural
Fire Department to determine fire flow requirements. Provide a letter from the Fire
De.partment stating required fire flow requirements prior to final.plat ap.proval.
RECOMMENDA TION
Staffrecommends approval of the final plat with the above stated comm.ents and conditions~
FP -04..05 0
Exhibit "A~~
Valencia Plaza SUb FP.doc
(/......
(/.., .. '. :
r~E(=tEj~t;!ED
P~UG = 9 2.00~
City of Meridian
City Ch~rM Off-ic€
&
Z'..
1503 FIRST STREET SOUTH NAMPA~ rOAHO 83651 ~4395
FM # 208~463-0092
4 August, 2004
Phones; Area Code 208
OFFICE: Nompa 466-7861
SHOP: Nampa 466-0663
William G. Berg Jr.
City Clerk
_ City of Meridian
33 East Idaho Ave.
Meridian, ID 83642
RE: .FP 04-050 Valencia Plaza Subdivision
Dear Will:
Nampa & Meridian Irrigation District requires that a Land Use Change Application be
filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for
further information.
AJllaterals and \vaste ways must be protected. All municipal surface drainage lllUst be
retained on site. If allY mlmicipaI surface drainage leaves the site, the Nampa & Melidian
.In.igation District must revie\v drainage plans.
The developer must comply with Idaho Code 31-3805. It is recommended that irrigation
water be made available to all developments within tile Nanlpa & Meridian Irrigation
District.
Thank you,
ft;d ~
.Bil] Henson
Asst. Water Superintendent
Nampa & Meridian Irrigation .District
BH/dbg
c: Water Superintendent
File - Office/Shop
l:x hihil nBir.
APPRQXJMA-. TE IRRIGABlE ACRES
RIVER FLOW RIGHTS ~ 23.000
BOISE PROJECT RIGHTS ~ .dO _000
(
(
rf.r~~ rv E rl y" Il' r.. . o~ .. ....
:. :".u...~.. .\%.4 I ....,..,_...... C . 1 ,.
i~ ~ ~p~ _ 0 2004
i) ~Jl, tJ . .,. .
La ty of Merirli:1n
City Clerk OffIce
&
1503 FIRST STREET SOUTH NAMPA" IDAHO 83651-4395
FAX # 208.463~0092
Roylance & Associates
391 WI State1 Suite E
Eagle. 10 83616
Phones: Area Code 208
OFFICE: Nompo 466.7861
SHOP: Nompo 466~0663
RE: Land Use Change Application - Valencia Plaza Subdivision
Please note the District now reauires three (3) sets of plans
To Whom It May Concern:
Enclosed please find a Land Use Change Application for your use to fife with the Irrigation
District for its review on the above-referenced development. If this development is under a
Urushlt to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up~ If you submit a company or
personal check, it must clear the bank before processing the appfication~
Should this development be planning a pressure urban irrigation system that will be owned.
operated and maintained by the Irrigation Districtt I strongly urge you to coordinate with John P4
Anderson, Water Superintendent for the Irrigation District. concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fiU out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the Districfs
office. or John P. Anderson, at the Districfs shop~
Donna N. Moore. Asst Secretaryffreasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
DNM/smc
cc: File
Water Superintendent
Will Berg, City Clerkt Meridian City
Aspen Grove Development. LLC1 391 W.. Statet Suite G1 Eagle, ID 83616
Mark Guhot 391 W4 State. Suite G, Eagle, ID 83616
enc.
I~xll ibit --13'~
APPROXJMA TE IRRIGABlE ACRES
RIVER FLOW RIGHTS · 23tooo
BorSE PROJEG RIGHTS · &O~OOO
r.
. . . . . . .... . . . .. ~ . :. ... . ~ .. ....... . ~ .. ... ... . ... . .. ..... . .
. .. ........ . ., . .. . . ...... .... .' ......... ............. .... ..... .. . : ... --.. .....,. :" .,., .. .:... . :.. .. ... .". .. :. .... ..... .: . . .. .. . .. . .: . . . . . . : : ........ .. . . .. . . .. .. .. . ... ..........:.. . . ... .. ... ...:... :..."...".... '. .. .... .. :. .... .. .. .. ... ..... : . ... . : . . . : .. .. .. .. .... ....................:. .. .. . .. , .." .. . , .. . . .. .. . . .............,...:.......:.
(
DELINQUENCY FOR TURN
OFF SCHEDULED FOR
August 18, 2004
CYCLE 1
MAYOR: This is to inform you in writing, if you so
choose, that you have the right to a pre-termination hearing
at 7:30 P.M. Tuesday, August 17,2004, before the Mayor
and City Council, to appear in person to be judged on the
facts and to defend the claim made by this City that your
water, sewer and trash bill is delinquent. Y au may retain
counsel. This service will be discontinued on August 18,
2004 unless payment is received in full. Is there anyone
~.. I ,.present who wishes to contest. his or her water, sewer and. _ ~.... .
trash delinquency? .. ..:. ~.~. ...,. . , ~.. .: .
(No response.)
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The
amount of the tum-offlist is $23,426.31
CITY OF MERIDIAN Definq uent Account List- cou ncil Page: 1
Standa rd Payment Customers Aug 171 2004 04:18pm
Current Period: 08/20/2004
No Delinquent Minimum AmountDeUnquent Balance
Report Criteria;
Terminated customers not included
Customer. Cust No () = {<} 880000001
Customer.8iU Cycre = 1
Last Pmt Last Pmt
Cust No Name Balance Nan-Delinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount
32.55.1560.1 101 ENTERPRIS ES 1.312.53 1 ,263~57 48.96 08/06/2004 1 ~344.33 ..
22.51.428041 A.J~J ~ ENTERPRISES 128.44 128.42 .02 07/2212004 116426 -
24~O4.1904.1 ABBOTTt SCOTT 177~98 78~40 99.58 06/25/2004 62.72 ..
24.04.0868.2 ABLE~ MICHAEL 128.44 49~22 79.22 07/21/2004 48.24 ..
23402.1930.2 ACUNAt JULIO & 68.52 35.74 32. 78 07/16/2004 30rOO ..
30.7443644.3 ADAMS. CYNTHIA 42.02 35.16 6486 06/15/2004 68~36 -
30.7442942.3 AGUER01 JEREMY A 59.48 45.88 13.60
35.35.01 90.2 AHEARNt THOMAS 129.80 44.90 42.94 41496 06/16/2004 42.94 ..
20.46.4602.1 ALBERTSONS 11808~ 70 1 t 134.45 67 4~25 07/21/2004 1 J243.60 ..
30~74.3026.3 ALEKSEYER1 SERGEY & L YUBO 1 04.32 52.16 52~ 16 06123/2004 48~24 -r
30.74.2542.2 ALLEN. JIM 1 09.00 1 oa~60 440 07/15/2004 30 ~ 00 -
23.02.0490.2 AMBROSEt ROBERT 107.46 1 06.98 .48 08/06/2004 87.38 ~
37~3743902.1 AMERICAN DREAM HOMES & DI 72.30 32.64 21.36 17.60 .70 04/13/2004 15.98 ..
36.68~031 o~ 1 ANJEWI ERDEN, PAUL 84.38 41.70 42.68 06/16/2004 115.36 M
35.64.5062.2 ANSON, RICK 76.86 37.94 38.92 07/21/2004 35.28 -
32.32.4372.1 ASIN HOMES 26426 21 .36 4.90
20.47.105241 ASPEN HOMES 56466 31.54 25. 12 06/03/2004 87.76 -
37 r37 .3254~2 AUSTI N. ADAM & JESSICA 112. 16 37~O6 37.06 38.04
23.01.1040.2 AZEVEDO~ JOE & HEATHER 72.14 41.46 30.68 07/15/2004 58.85 ~
22.51 .0514.2 BAI LEY t PEGGY 190r58 135.06 55.52 : 07/26/2004 . 95.32 -
36~6941578r 1 BAI N t JOHN 62.54 32~25 30.29 06/30/2004 27435 -
24~04419B8.3. BALDOCCHf EUGENE & INE$ 114~90 88~52 26.38 071.19/2004 . 70488 -
25.25.0104.2 BARNESt GREG & JASMINE 74~19 . 59.18 15.01 ..07/2112004..:. -: ~ :. 62412 ..
25.25.1 078.2 BARTONt RANDY & JUDITH 6a~52 32.38 32~ 38 3.76 OS/25/2004 51 .00 -
22.50.1 02241 BEACH, ROXANNE 486.16 24 7 ~89 238.27 07/26/2004 165rOO -
37.37.362842 BEAR CREEK LLC 46.78 23.88 22.90 07/06/2004 23.88 -
30. 74.2616~3 BECK. DEAN 105.40 65.44 39.96 07/21/2004 4a~ 78 -
25.25~4040.2 BEDOY A~ PEDRO 79.34 39 ~ 18 40.16 06f21/2004 40.16 -
24404.2010.7 BELAl R~ 0 ENN IS 212.58 124. 76 43~42 44.40 07106/2004 39.66 -
36469~ 1278.1 BELEW. JULIE & MARTILLA. MIK 4.46 4~46 01/15/2004 44.02 -
23402.3600.1 BENNETTr HOWARD 93. 73 78465 15~ 08 07/21/2004 50.00 -
22451 ~2622~ 1 BENTLEY, DONALD 251.00 123462 127.38 07/06/2004 119.86 -
22.51 ~2623~ 1 BENTLEY~ DONALD 183~90 80490 71.1 0 31490 07/0212004 57 .38 -
21.2149114.1 BIG RIVER 33.93 18483 7.55 7455 05/14/2004 11 .31 ~
21.21.909441 BIG RIVER 64.01 30.11 22.59 11431 05/14/2004 15~07 -
30.30.631 041 BIGHORN ENTERPRIS ES 41.31 25.12 16.19
24L03.032642 BISHOP, JEFFREY 101.62 66.30 35.32 07/21/2004 71.20 -
24.04.1834.1 BITONI t MARK 111.22 79.76 31 .46 08/03/2004 1 00.00 -
24.04.1140.2 BLAS ER. GLENN 68.48 25.44 21 .52 21.52
37.37.3040.1 BLOWERS, DAN & MADELEINE 114.46 58~ 70 55~ 76 07/06/2004 55.76 -
30~ 74.233242 BOBKO. RAYMOND 176449 87.84 51 ~ 18 37.47 06/16/2004 60.05 -
24~ 04.1150~2 BODrL Y t DAN I EL 77484 38.92 38492 07/09/2004 39.90 -
22.50.1726.2 BOESI GER, MAX: 1 05488 56.00 34.44 15.44 07/14/2004 50.00 -
24. 04~OB62.5 BOESPFUNG. DAN & KATHyt 131 ~90 56~80 38.04 37~O6
23.02. 1800.2 BOL TONt TERESA 119.20 65.48 53. 72 07/0212004 133.52 ..
30.3046050.2 BONNEY, AARON 122.66 40.56 41.54 40.56 06/1 0/2004 41.80 w
37.75.0120.1 BOONDOCKS FUN CENTER 2t530.23 21321.85 208.38 06/21/2004 1 ~494.65 -
32.32.496041 BORCHERS. LARRY 67 ~38 34.18 33.20 06/17/2004 34.18 -
46.46.709041 BORUP CONSTRUCTION 49.08 17.60 11 &48 3.48 16~52
46.46.6316.1 BORUP CONSTRUCTION 102.44 27 .64 28~ 88 21436 24.56
""** in Msg column indicates no Notice is to be sent
/-v ~/ .. .
f i...:
CITY OF MERI DIAN Delinquent Account List- council Page: 2
Standard Payment Customers Aug 17t 2004 04:18pm
Current Period; 08/20/2004
No Delinquent Minimum AmountDeUnquent Balance
Last Pmt Last Pmt
Cust No Name BaJance Non-Delinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount
30.7440660.2 BOSSART -HILL, CANDACE 69~22 43~34 25~ 88 08/04/2004 20.40 -
23~02.3670 .4 BRAINS RI DG E, STEVE 79480 40.88 38492 07/19/2004 39 ~90 -
22~51.0706.2 BRANDT~ LORELl 82414 47.72 34442 06/24/2004 35400 ~
23r01.0aOO41 B REWERt $1 D & SHELLY 95.28 34.60 60.66 06/23/2004 118468 -
23&O2~3370.4 BRIGGS, TERl 95.86 46.86 48.82 .18 07/20/2004 50.00 M
23~O143510.4 BR1N EGAR, E4 E4 99.28 51 .92 43.10 4.26 07/09/2004 30.00 -
23.02.3712.2 BRIN EGAR1 E. E. 118~ 70 62.78 55~ 92 07/21/2004 52~98 -
23~0241290 ~5 BRIN EGARt E. E. 122.80 86.22 36458 07/19/2004 80400 -
22.50.2434~ 1 BROWNt BRIAN 97418 48.40 48. 78 06/28/2004 50.00 -
37 .37 .3a44~2 BROWNt KATHLEEN 11 0.54 53.80 56.74 06/17/2004 54.78 -
30. 7 4.3264~ 1 BROWN t MI CHAEL & LISA 46~44 44~48 1.96 08/1 0/2004 85.04 -
30.74.3810.1 BROWN. ROBERT 94.50 53.62 40.88 06/30/2004 36.86 -
22.51.4010.4 BRUCKt JACK & DAWN 201 .46 47~40 39402 38404 77.00
23~ 02.2722.1 BURKMANt JULJA 173.40 69.56 50494 52490 05/17/2004 7g~50 -
2340140950.3 BURN ETTEt DIAN N E 95~96 73.72 22~24
22~ 504 4008 ~ 2 BURNHAM.DARLA 229.94 117.42 112.52 07/21/2004 96.38 ..
36.6940182.1 BURNS, DONALD 74.38 37.68 36~ 70 07/21/2004 36~70 ~
24.03.0832.3 BYRUMtDARYL 90.44 60~24 30.20 08/17/2004 32~OO -
35.35.1444.5 CALLI ES~ RANDY & TRI CIA 47L10 23.06 24.04 07/06/2004 24404 -
21 .21.916642 CALLISTERJ DAVID & 8 ECKY 47.89 30.93 16.96 0710612004 21 ~52 ..
23.01.137042 CAMPBELL. ROB ERT & JENNJ FE 51.31 51426 ~O5 07/27/2004 35.00 -
35 ~ 3 5 ~ 5 0 40 4 2 CAPELL, JEFF & HON$OOK 66.90 43~ 74 23. 16 06/23/2004 23.16 -
35. 65~O688.1 CARPENTER~ GAl L 1 02~36 51.1 a 51.18 07/16/2004 47 ~26 -
25~O5.0640.1 CARTWRlGHT, DOUGLAS 138.80 95.28 43.52 .07/16/2004 100.00 -
24~ 044 0798.2 CASE, RICHARD & DONNA 87.84 43.92 43.92 06/07/2004 87.84 -
23402.6850.2 CASE1STEVEN 121.82 69.24 52.58 06/15/2004 51 .60 -
22450421 08~ 1 CASELLAt GARY 95.60 ..... 31 .82 63. 78 06/1612004 a5~aO ..
24.03.0850.2 CASTt PETER & VERIONICA 94.50. .. ~ 48.72 45. 78 07/21/2004 40.88 M
24.03.0304.2 CA VENt STEVE & RITA 202.32 122.32 41.96 38~O4
20.46.0232.3 CHANt KIN WA 143.34 a3~a4 59.50 07/21/2004 63~OO -
23r02;610041 CHENEY~STEVEN 64.54 61.06 3.48 08/1 0/2004 37.00 -
22r50.050043 CHESTER~FAYE 68~ 1 0 37.26 30.84 07/14/2004 31 ~82 -
21 .21.901442 CH I LDRESS ~ JACK 74.56 29.95 27 ~O1 17.60
21.21.9010.2 CH I LDRESS ~ JACK 73.33 36.81 28~97 7.55
21 . 21 ~9034.3 CH I LDRESS, JACK 53.36 29.95 23.41
21421 .9038.3 CH ILDRESS J JACK 48.86 29.95 18.91
30474.3666.2 CH R1STENS EN. KR1SAUNDRA 144.92 49.94 47.00 4 7 ~ 98 05/1412004 41.44 ..
22451.1168.3 CHRISTJANSONj ARTHUR & COI 15.10 7.55 7455 06/29/2004 15.10 M
3047442676.1 CHURCHMANt KAREN LEE 194.78 1 06.56 88422 07/1912004 70.00 ..
32432.4B50~ 1 CITADEL SUI LDERS 83.52 40.16 32~ 64 7.24 3.48
25425~O160.2 CLARK~ CORTNEY 129.92 70.86 35.58 23.48 05/17/2004 31.66 -
22451 ~4293~ 1 CLASSIC KITCHENS 51.60 33442 18.18 07/19/2004 15.24 ~
22~51.0690.2 CLAY, SANDRA 44.82 34432 1 0.50 OS/28/2004 76 .14 -
25425.4056~ 1 CLEVENGERt PATRICK & KUMI~ 76.86 38492 37.94 07/19/2004 39490 -
25.05~O344.1 CLI FF. OWl GHT 142.36 81422 60.64 .50 06/24/2004 49~36 -
29.07.0892.3 CLUPHF ~ CH RI S 90.78 49~aO 40.98
30.74.3360 r 1 COLE, DEBRA 45.90 39~Oa 6.82 07/21/2004 31.23 -
22.51.4170 r4 COLSONt HOWARD 11 0.20 44.28 35.90 30.02 0511 0/2004 45.50 -
21.49.11 04r 1 CONCRETE CONSTRUCTION C( 532.55 502.55 30.00 07116/2004 420.21 -
24.04.0120.2 CORONA, JUAN & ROMONA 72.68 57.98 14.70 08f 16/2004 100.00 -
24.04.1746.1 COSGROVE, AMY 124.44 52.64 71 .26 .54 07/2612004 42.00 -
24.04.1642.2 COUCH. ROBYN 72~44 72.34 410 07/21/2004 61 ~46 -
20.46.0570~3 COVER. TODD & LORI 90.48 68.40 22.08 06/23/2004 30~OO -
23.02.4 770~ 1 cox, CHRrSTI 155.62 85.16 70~46 06/15/2004 155.04 ~
25~O5.0662~2 CRANE. JACK 149.32 93.58 55.74 07/21/2004 54472 -
... in Msg colu mn indicates no Notice is to be sent
CITY OF M ERI DIAN Delinquent Account List- council Page: 3
Standard Payment Customers Aug 17, 2004 04:18pm
Current Period: 08/20/2004
No Delinquent Minimum Amou ntDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Derinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount
22.22.059041 CREEKSIDE ARBOUR 21.76 12.84 5~44 3.48
22.50.0876.1 CREEKSI DE ARBOUR I J 76~85 76.41 .44 07/2212004 86407 -
37 ~37 .3020.1 CROCKER BUILDJNG 64415 60 ~67 3.48
46.604 OODaL 1 CROCKER BUJLDING CO 6.96 3.48 3.48
4646040064.1 CROCKER BUILDING CO 6.96 3448 3.48
22451.3260& 1 CRW HOLDJNGS LLC 348.50 1 09 ~ 46 119.52 119 ~52 06/07/2004 119~52 -
22.50.0284.3 DALE~ MARK 76.10 49.78 26432 07/21/2004 20 ~ 00 -
23.02.4330.1 DANNENHAUERtCHARLES 56.96 42.76 14.20 06/01/2004 60400 ..
22.50.4574.3 DAROSA, JOE 228.07 58~8 7 36.40 66.40 66440 05/19/2004 36.40 -
22.50.0288.6 DAWSON~ CAROL 141.76 98.82 42~94 0712112004 97.64 -
22.50~0080.1 DEMPSA Yt ALAN R. 66.14 37~26 28~8B 06/1 812004 28.88 ~
31.52.0976.1 DEPT OF ADMIN 79.02 41.39 37.63 07/29/2004 37463 -
22.50~ 0598.2 DEVIN SORENSEN 80.78 36.76 24~46 19456 03/16/2004 14.56 a
244 03~ 0824.2 DEWITTt HALEY aOr96 45.22 35.74 07/19/2004 40~OO -
23.02~ 1960~ 1 DICKSON, DONALD M 103.84 56.82 47.02 06/15/2004 83.26 -
30.30.6142~2 DILECCE, COSIMO 35.18 17.60 17.58
22~50.0204~ 1 DIPAOLA. JONATHAN 47.50 42.82 4.68 08/09/2004 60.00 -
23.01.1430.4 DISTIN J TRACY & MARIA 82~O2 61.31 20~ 71
30.30.5036.1 DLB LLC 34.45 17 ~ 60 13.37 3.48
30r30.5026.1 DLB LLC 38.21 21436 13.37 3~48
24~O4~2282.1 DRURY, PATRICK 18B~88 116.30 72.58 07/21/2004 65.72 -
23~02. 6970.1 DULHANTY~ TAMARA 207.36 97 ~50 109.86 06/16/2004 165r68 -
25.25. 1060.3 DUNSWORTH. BRAD & JODI 83.26 42L68 40.58 07/22/2004 40 ~OO ...
2440441958.1 DUPLEXt KENNETH & DONNA 236.90 147.66 80.42 8.82 .07/21/2004 70.62 -
30.74.3678.2 EDWARDS~ DEARL W 79~O2 44~64 34.38 - . .. 07/29/2004 50400 ...
22450.3846.3 EILERS, NI CHOLAS 89~20 49.80 39~40 - . . 07/07/2004 94400 ~
2 2~ 50.222642 EITCH ES, ROBERT 76.22 58.62 17.60 - . .. : . 08/03/2004 . .. 46.86 ..
37.72.010141 ELK RUN HOMEOWNERS ASSO 132.40 77~96 54.44 .. : . . 07/06/2004 ... . .. .. .. 26.02 -
23.02.5390.2 ELM LAND TRUST 49~38 41496 7~42
22.50.1240.4 ERHARTt MILT 7.88 7~B8
23.02.3464.1 ERI CKSON1 RI CHARD 108.44 55420 53.24 06/25/2004 1 05~50 -
25.05.0700.1 EVANSt ANDREW 199.58 1 01 .44 98.14 07/21/2004 1 OO~OO -
36~69.0244.2 EVANS~ GARLAND 101.92 69.92 32.00 08/16/2004 30.00 ~
30. 7 4~2688.1 EVANS t STEVEN & KRIS ITE 132.92 74.30 58.62 07/22/2004 46.86 -
24~04~ 1940.2 EXN ERt VERNON & ELIZAB ETH 104.13 1 03.86 .27 08/05/2004 62.70 -
20.46~0168L 1 FAIRCHILD, MIKE 55.64 55.14 .50 07/21/2004 39.40 -
23.02.5890. 1 FEI L~ KA Y OR SKIP FEI L 1 a8~ 78 125.26 63.52 06/15/2004 123.12 -
22. 51 ~3088. 7 FELDSTEI N, KEN N ETH 70~86 60.98 9.88
2142149122.2 FIRST AMERICAN EXCHANGE C 55~OO 27~99 27.01
21 ~21 ~9126.2 FIRST AMERICAN EXCHANGE C 54402 27.01 27401
30.7441006.1 FIS HELl GEORGE 288.70 146.31 142.39 07/21/2004 158.98 -
22.51.3990. 1 FISHER. DANNY W 72~68 40404 32.64 07/20/2004 31 ~ 66 -
23.01 ~ 1164.4 FLATENt ROBERT 88.86 88.38 448 07/27/2004 83.00 -
30~ 7 4~3632.2 FOSS, JEFF & ANDREA 56.78 41496 14482
30. 7 4~3626.1 FRANClS J R~ DA VI D 57.24 29460 27.64 0710612004 28~62 -
29.57~O136.1 FRANKLIN INVESTMENT CO 22.65 7455 7.55 7.55
23.01 ~ 1200.2 FRED SCHIMPH 144.70 80436 64.34 07/26/2004 6.00 -
32~32.440642 FRESHWATERt MICHELLE 46.78 23488 22.90 07/19/2004 53.88 -
30.74.271 041 GAILEY, BRON 107.44 58436 49.08 07/13/2004 50.00 -
22.50.1996.2 GARCIA, CH RI SSY 53.99 40. 16 13.83 07/28/2004 30.00 ~
22.50.0132~2 GARIDELt TROY 83.46 48.86 34~60 06/14/2004 64~30 ~
22.50.2366.2 GAUTHIER. KAREN 61 .25 39.58 21 ~67 07/21/2004 66~31 -
23.02.085242 GI ESLER. ANGELA 73. 76 37.68 36.08 06/28/2004 38 ~ 00 -
22.50.38 58 ~ 2 Gill, DANI EL & DANA 130472 51 ~34 79438 07/15/2004 51 ~ 70 -
23.02~ 1170.3 GODBY, ORVILLE & PHOEBE 175.62 54.62 58454 62.46 06/15/2004 97~36 -
*** in Msg column indicates no Notice is to be sent
CITY OF MERIDrAN DeJinquent Account List.. council Page: 4
Standard Payment Customers Aug 17. 2004 04: 19pm
Current Period: 08/20/2004
No Delinquent Min imu m AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non..D e I i nq 06/20/2004 OS/20/2004 04/20/2004 Date Amount
23.01.2090.1 GOSSENt KELLI 62.98 34.92 28.06 06/14/2004 79~28 -
30.30.6010.2 GOULD. TRAVIS & AMANDA 7S.BB 38.92 36496 07/12/2004 61442 -
36L69.0376.1 GRAYSONIGARY 70~66 68.96 1.68 07/29/2004 37.00 -
20.46~O574~2 GREATHOUSE, CHARLES & OAf 94.04 38.24 27.90 27.90 05/18/2004 32.80 ..
24~ 04t 114642 GREEN LANCE & GLORIA 1 05.74 68436 37.38 07/21/2004 56~40 -
22.51.0956.3 GRI EVE, JAMES 48.32 26.39 21 .93 06/17/2004 19.97 1I"r
24.04. 2276 ~ 2 GROATt DARLA 253.1 7 16. 72 41 .54 194.91 04/16/2004 1 02.68 ..
30.74.3176.3 GROSSL, EDNA 124~ 90 58.04 66.86 07/21/2004 45~ 1 0 ~
23.02.4290.1 GROSSO, SHADOW 57~32 27.08 25.12 5~12 07/21/2004 50.00 -
24.03.0034L 1 GROUND, J ENN I FER 111.76 70.BB 40.88 07/22/2004 77484 -
46.46. 7084.1 GUARANTEED QUAILITY HOME: 4.76 3448 1.28
32.32.41 04.1 GUARANTEED QUAL1TY HOME~ 45.26 21 ~36 20.42 3.48
32.32.414441 GUARANTEED QUALITY HOME~ 41 r49 25.12 12.89 3.48
22.504237841 GUTHMillER. BRIAN A 212.24 11 0.80 1 01 .44 06/22/2004 160.00 -
24~ 04~ 162047 GUYMON, GREG & ALISON 160.62 122.26 38.36 07/21/2004 80471 -
33~33~0004~ 1 H A ANDERSEN 9.90 5.44 4.46 07/06/2004 3448 -
24.04.1790.3 HAMMER, MARCIE 161415 14.33 15.62 36.14 95.06 05/05/2004 10400 -
22.51.3001 .1 HAN DI TRUCK LI N ES 81.44 70.1 2 11 .32 06/25/2004 22.1 0 -
30.74.2662.1 HANSEN. DAVID 134.88 77.24 57.64 08/0212004 57 ~ 64 -
24.04.0512~3 HARRIS, KATHY 83.92 43.92 40.00
30.74.2350.3 HARRISt ROB ERT 39.12 21.52 17 ~ 60 06/23/2004 45.04 -
23.02.0422.4 HARRIS t WI LLIAM 203.98 134.96 63442 5.60 06/11/2004 60~OO w
22.50~ 138441 HARTt DOUGLAS 87.36 52.28 35~O8 ~ 06/28/2004 17.48 -
24. 04~ 138042 HARTLEY ~ WI LLIAM & M I STI E 38.14 18.58 19.56 0612312004 18.58 -
23~ 02~4630 ~ 1 HARVEY. BRUCE G. 151 ~56 80.68 70.88 .. :: 07/14/2004 64.02 M
32.32~4952.3 HATCHER, BRANDY 38.68 38.36 .32 07/13/2004 100.00 ..
22~50. 2372.5 HAYCOCK. VANESSA 113.50 .: ... . 58.46 55.04 .. 06/22/2004 56.00 -
34.34.5080.1 HEARTLAND CONSTRUCTION 90.16 ... ~: : 29.40 33~32 27.44
24.04.0566.2 HEI LLERt JAM ES 49.26 25.12 244 14 06/17/2004 24.14 ~
20.46.0 192~2 HE I NZ~ THOMAS 66.80 35.14 31466 07/21/2004 30.68 ..
21.21.9118~3 HERMANSON1 BRYAN & KARl 11 0.53 33.87 32~89 43477 OS/21/2004 99.94 ..
24~O3.0036~2 H ESTER1 CH RrSTI NE 152.64 96.90 55.74 07121/2004 65~54 ~
24.03.0094.2 HESTER, CH RISTI NE A 77450 40.22 37.28 07/2112004 34.34 -
22.50.0592.2 HJEBt JOHNN 52.74 28~60 24.14 06/10/2004 69.64 ...
22. 51 .35ao~ 1 HIGGINBOTHAM. RON 303~88 20 1 ~ 7 0 102~ 18 07/21/2004 1 01 ~20 ....
36.364 0200~ 1 HIGH DESERT CONSTRUCTION 52.80 17.60 17.60 17.60 07/12/2004 33~06 ,-
22.50.4594~3 HINSHAW1 TONY & KATHY 80.50 4B~38 32. 12
24.034036241 HONOt GREG & NANCY 198.82 95~ 98 1 02~84 07/19/2004 94.02 -
31452.1 066.3 HOPKINS FARM LLC 154.89 134~89 20.00 07/21/2004 134.69 -
3043046128.2 HOUDE, RICHARD & CATHRYN 77.18 36~40 35.42 5436 06/29/2004 35.00 -
3646941276.2 HOWARD, DONALD & CAROLYN 95r68 31.24 31424 33.20 04/21/2004 35.32 -
23401 ~O420.1 HOWARD, TREVIS 111 ~O4 70.56 40.48 07/21/2004 80.00 -
30~ 7443538.2 HOWEt RICHARD & LAUREN 136.42 66.72 69.66 404 07/15/2004 53.00 -
2245040226.1 HOWELL. JAMES 163r 13 70.05 66.57 26451 03/04/2004 693rOO -
35465.0704.2 HUBBARDI SCOTT & ERICA 47.52 40.16 7.36 07/21/2004 37 ~38 -
35465.0708.1 HUDDLESTON. CODY 142.02 75.70 66.32 07/13/2004 60.00 -
36469.0562.1 HUFFt HARLAN & SAUNDRA 78.27 71.02 7.25 06/2912004 37470 -
22451.0714.2 HUMPHREYS1 JOHN 77.72 38.24 28.88 10.60 06/16/2004 60~OO -
36.69.0084.1 HUNTERt DAVID 98496 49.46 49.48 06/09/2004 99494 -
36.69.0749.1 HUNTS BLUFF HOMEOWNERS J 170426 89.72 53.46 18.18 8.90 04/20/2004 50.00 M
36.69.0747 ~ 1 HUNTS BLUFF HOMEOWNERS J 83450 35.82 19.16 9.36 19.16 03/22/2004 6.42 -
23.02.0444~ 1 JRISHt STACIE 11941 a 72.82 46436 07/20/2004 53.22 ..
31.52L0750.1 JABI L cr RCUIT 22465 7.55 7455 7455 05/1 0/2004 15.10 -
36.68.0046.1 JAC08SEN~ JASON & LIANNA 1 00.32 65~ 16 35~ 16 07/21/2004 73.26 -
23~23~3012.2 JAEGER,KEVIN & CLAYI TINA 70.84 36.40 34.44 06/09/2004 74.76 -
**. in Msg colu mn indicates no Notice is to be sent
{
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CITY OF MERlO IAN Delinquent Account List.. council Page: 5
Standard Payment Customers Aug 17, 2004 04:19pm
Current Period: 08/20/2004
No Delinquent Minimum AmountDelinquent Sa lance
Last Pmt Last Pmt
Cust No Name Barance Nan-Delinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount
354654 0666 ~2 JAMESON1 BRETT 68.52 35416 33.36 08/0212004 35.00 -
35.35.0112.2 JARDINE1 JEFFREY 68.54 34.28 34.26 07/21/2004 34.28 -
25.25.002441 JEFF MANSHIP 78.32 27.64 23.88 26.60 05/1 0/2004 80400 ..
22~51.03024 7 JEPSON. M [KE & JAMI E 87.38 54.58 32.80 07/30/2004 40.00 -
32.32.4052.2 JEREMfAH PROPERTIES 52.74 51476 498 06/29/2004 89.80 -
22451.0910.1 J ESSO? ~ JOlEN E 73.68 70474 2494 07/13/2004 60.04 -
32.32.4830.1 JEWETTt JAMES L 53.44 21.36 25.12 3~48 3448
36.36~ 1114.1 JOE PALMER 141476 72.76 69.00 06/28/2004 61.48 -
35.35.3082.2 JOHNSON1 ERIC & KRASTEV At ; 56.78 27.90 28.88 06/17/2004 57.76 -
23.01.271 042 JOHNSON. MARC 89.46 44.24 45.22 07/07/2004 39.34 -
2 9 ~ 07.08 a 6 4 3 JOHNSONt ROGER & HOlL Y 1 00.46 39& 7 4 604 72 07/13/2004 63.30 -
22.51.4290~ 1 JONES, 8 RET 237~46 129.05 108.41 07/1912004 119~69 -
24.04.1138.2 JONESt NATHAN & SARAH 65~74 34.34 31.40 07/21/2004 31 ~ 40 -
22.50.2418.2 JONES. WES & CJNDY 128.70 71.70 57.00 07/19/2004 170.69 -
22.50~2122.2 JONESt WES & CINDY 68~22 34.60 33.62 07/21/2004 34.60 -
24403.0828.2 JONES~ WESLEY & CYNTHJA 71 ~30 35.16 36.14 07/19/2004 71 .30 -
20446.0840.4 JUDY1 VICTOR 94.96 40.76 31 &40 22.80 06/16/2004 40.00 -
36.69~ 1056~ 1 KAD ELLt MARK 1 05.82 50~46 55~ 36 06/1 0/2004 130.32 -
30. 74~O316.1 KELL Y ~ KENDALL B 1 08.42 59.60 48482 07/15/2004 4 7 ~ 84 ~
24.04.1886.3 KELTON. RANDY & ROBERT 133.42 66422 67420 07/20f2004 65~24 ..
22.50.0594.2 KI N DALL, AARON & MI$TI E 81.50 444 78 36. 72 07/06/2004 40.00 -
30r30~6236 .2 KINNEY, DEANNA 45.70 45446 .24 07/21/2004 20.86 -
21 .21.9024~ 1 KLUCKHOHN HOLDINGS LLC 22.79 22.59 .20 .. -. . 07/16/2004 18.63 -
22.51.3570.4 KNOX~ JERRY & NORMA 171 ~OO 75.84 93.54 1.62 07 f19/2004 50.00 -
. 20.46.0852.1 KRISHNEKt JOHN 89~46 89.46 ::.03/11/2004 31 .40 -
. . 22.50r4642.3 KUGELt LISA 155466 82.38 73.28 : 07/27/2004 73~OO ..
. .. 30..74~0426.1 LACY. GLORIA 93~ 18 53~94 39424 .. - .... . L 06/15/2004 76.52 ...
: . 23.01 ~ 1950.2 LADD. RONALD & MILDRED 92.15 67.44 244 71 - . . . . .
37437.2964.2 LAKATOS, JOSHEPH & LORA 99.42 49.22 50.20 06/1512004 99.38 ~
22~504 0512~2 LANDER, ANTHONY 156r06 156.06 02123/2004 55.00 -
23.0140890.1 LANTZt STAN 65.28 33462 31.66 07/08/2004 33.62 -
36.6941620~3 LARSON. JARED 1BBr78 1 08.60 80.18
23.0244490.2 LARSON. LEI F 157.00 76.60 65r82 14.58 07/23/2004 55.00 -
35.6540260.2 LARSON. WADE & LAURI 1 01 ~46 68.00 33~46 07/21/2004 60~OO -
22.50.0520.2 LAURlCELLAt CARL & LAURIE 80~20 44.78 35r42 07/06/2004 35.42 -
22.50.2428.1 LEONARDlt DAMON 130~46 67.68 62. 78 07/21/2004 82.98 ..
30.74.3250.2 LEVITTt MONTE & JULIE 156.24 65.80 43.26 47~ 18 06/07/2004 35.42 -
30.30.605642 LIND ERt MARK & CH RI$TINA 81 ~ 12 41 .54 39458 06/2212004 61 .00 -
22r51.0382.1 LISBY, DOLORES 22462 11 .31 11431 07/12/2004 11 .31 -
23.01.001 0.5 MADSEN. CHARLES & DEBRA 74.26 69.58 4.68 07/19/2004 70.00 ...
22.51.085841 MAHATHYt ANTHONY 95.20 72.86 22.34 07/06/2004 25.28 M
22~50.1686.5 MAHATHY, ANTHONY 168.66 69.BB 50.86 47.92 05/18/2004 54.78 ..
30.74.03g4~3 MANTHA. TRA VJS & APRl L 1 05.48 55.68 49.80 06/15/2004 83.92 -
23.02.1510~ 1 MANWARING~ MARK 97.52 35.58 30.68 31.26 06/08/2004 35400 M
35.35.3078.3 MARC1 BRETT & RUOD1 KRISTII\ 81.14 42.94 38.20 06101/2004 4490 M
29.07.0900.2 MARK WOOD 198.38 1 09~6B 88.70 07121/2004 115444 ..
24.04.2016.1 MARKS. EUGENE & JEANNE 89.80 a9~ 72 .08 08106/2004 70402 -
25.25.0136.2 MARTI N, DAVID & S HERRI E 120.66 60~82 59.84 07/21/2004 87.88 -
29.07 L0952.1 MARTI NDALEt TONY 33.32 32~ 64 .68 07/16/2004 32.00 ..
35.64.0020.2 MARTI NEZ. RON 76.72 37438 39.34 06/22/2004 76.32 -
22.50.2424.1 MARTS t DEBI 64.30 32~64 31.66 07/06/2004 30.68 -
23402.2280.1 MAS LEN, JENNY 78.60 43.26 35.34 06/22/2004 65.00 -
22~50.2304.1 MASSEY, ADAM & NICOLE 79.34 40. 16 39 ~ 1 B 06/2212004 39 .18 ..
22.5142724L 1 MASTER ROOTER 18~86 11.31 7~55
22.51 ~2725L 1 MASTER ROOTER 5~10 3~4B 1~62
... in Msg column indicates no Notice is to be sent
F. ... . ............~:. .
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\. ..
CITY OF MERlO IAN Delinquent Account List- council Page: 6
Standard Payment Customers Aug 17 ~ 2004 04: 19pm
Current Period: 08/20/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pml Last Pmt
Cust No Name Balance Non-Delinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount
22.5043704.2 MAT A, FREDI E 81.40 75.62 5.78 07/23/2004 62400 -
37.37~3916.1 MATRIX HOMES 91.60 43~92 47.68 07/20/2004 84.28 ..
24.04.1626.1 MAXEY~ SHANE & MICHELLE 200.50 135~62 64~88 07/16/2004 65.00 -
36.69.077442 MAYHEW, RICK L 105.54 91494 13.60
36.69.225844 MCCANDLESS. DOUG 184~85 184.85 11/19/2003 40400 -
30 ~ 30.6230.2 MCCAVLEY1 BRIAN 124.90 40.98 41.96 41 .96
22~51.3246.1 MCKAGU E. RI CK 77.83 40.60 35~ 16 2.07 07/19/2004 45.00 -
36.36.0986.1 MCKINLEY, DENNIS 34.60 32.64 1496 08/11/2004 29.70 .-
244 04L 1798.2 MCKINLEYt JAMES A 131.02 54.92 76.1 0 06/16/2004 1 04~ 16 ..
3047441046.1 MCKrNLEYt JUNE 34.25 33.29 .96 07/15/2004 4 7 ~ 00 -
2044640558~2 MCKN I GHT. DAN I EL 167.08 77~94 47.02 42.12 06/16/2004 57.80 -
23.02.3892~ 1 MCNALLEY1 RUSSELL 115.82 41 ~ 70 41.70 32.42 06/1 8/2004 70.00 -
23.01.2730~ 1 MELLEN. ANGELA 21 0422 110.92 99 ~ 30 07/21/2004 1 00.00 -
46.46. 71 05~ 1 MESSINA VILLAGE.. WATER FE, 6496 3.48 3.48 07/16/2004 9~36 -
30.74.3696.1 MI LLERt GREGORY & ERI CA 121.74 50.12 71462 07/27/2004 40 rOO -
23.02.5040.1 MITCHELLt BARRY 0 112.48 59. 18 53~30 07/14/2004 59~ 18 -
30.74.31 08.3 MOGFORDt DWIGHT 1 08~44 53~24 55.20 07/19/2004 54~22 -
24.04.0538.1 MONSONt THOMAS 139.88 56.90 82.98 06/16/2004 141.84 -
24.03~O889.1 MORNING GLORY #2 HOA 1 7.40 3.48 3.48 10.44
23~O2.5630.2 MORRJSON, DWAYNE 88.33 46.20 42.13 07/19/2004 47.53 -
30~ 74.2666.1 MOSER, CAROL YN 132.08 65406 67.02 07/20/2004 67 ~ 18 ..
21.2149090.2 MURDOCK, CLA YTON 91 .81 34~a5 29 ~ 95 27.01
25~25411 04.2 MUSTAGOG. ALBERT 55~40 . 23.88 23~ 88 7.64 06117/2004 20 ~ 00 -
304 7443654~3 NAGLE. GEORGE &. JUDY 59.72 27.90 31 ~82 07/21/2004 35~ 74 -
2440340808~ 1 NASADOS. JAMES 121.00 . : 60.50 60450 07/09/2004 60.50 ..
36.69.2302.1 N EAL1 KEVIN & MICHELLE 99.08 52.48 46~60 07/20/2004 ~ 45~54-
23.02.3380.2 NEALEt EDWARD 129.36 .. .. 65.66 63.70 ... .07/21/2004 :. 37.34 -
22~50.003441 NEWMANt TlM 99.40 68~40 31.00 07/2212004.. . .... . . 78.46 ~
22~50.1228~2 NGUYENtHUONG 77 ~60 40.54 37.06
37.37.4214.2 NI ELS EN. CLARK 85~ 1 8 43.22 41 ~g6 06/17/2004 40.98 -
22.51.0454.1 NIELSEN~ R4B~ 136.94 68~33 68.61 06/24/2004 129~70 -
22.50.2144.2 NI ENDORF t LYNN ETTE 33.64 32.64 1 ~OO 07/26/2004 31.64 -
22.51.0390.1 NORA, LLC 66.54 29.51 37.03 08/03/2004 37.03 -
20~47.1224.2 NYLAND. BRIAN & ANGELA 77 ~ 18 46.32 30~B6 08/16/2004 40.00 -
25.25.0086.1 OLIVER CLEAVER 38~67 21.36 13.83 3448
25~25.0084.1 OLIVER CLEAVER 38.67 21.36 13.83 3~48
24~ 04~O914.1 OLSEN,H~DEAN 78.82 40.88 37.94 07/21/2004 77.84 ..
30~30~6266.1 ONSITE LLC 28.61 21 .36 7.25 06/23/2004 3.48 ~
30~ 7 4~3512.3 OSIPCHUK, ALEKSAND R & LES' 89.80 49.80 40.00
37~37.4132.1 OSORIO~ RAFAEL & KATIE 50.52 32.64 17.88 06/23/2004 28.88 -
22~51.3430.2 OVERTON, DAVID 54.36 30.88 23.48 07/0212004 56~31 -
23~ 02. 6710.2 PARR, RYAN 90.56 32.80 28.88 28.88 06/15/2004 56.78 -
35.64.3050.1 P ARRISH1 MARTI N 88.82 44.90 43.92 07/12/2004 43~ 92 -
30.30.6070.2 PASSANNANTE~ DAN & ATHEN~ 54.35 37.06 17.29
30.3046204.2 PASSANNANTE~ DAN & LYNCH. 74.12 37.06 37.06
37.3743656.1 PATTEN1 KENDRA & SCOTT 83.14 82.42 .72 04/16/2004 36.40 -
34434.6038.1 PAUL NEWMAN & SONS BUILDE 29.48 25.02 4r46
23~O2.2550.6 PAUL PACK 82.28 42.12 40r 16 06/21/2004 39.18 -
22~5140318~3 PAULI N, BEN 70.38 45~26 25.12 07/20/2004 26.40 -
36469~2276.2 PEART. JOHN OR ERI CA 135.70 98.90 36.80 07/23/2004 93.92 ..
3646940452.2 PERCIFIELD, TIMOTHY & MISTY 78.36 39.18 39.18 07/15/2004 39.18 ..
36~68~O238.1 PETERSON. DA VI D 46.44 45.72 472 02112/2004 121.84 -
30.3040002.1 PETRAINC 162.40 124~74 11431 18483 7452
37.37~4182.1 PETTENGILL. RAY & 0 EBBI E 95~36 51 ~44 43~ 92 07/20/2004 40.16 -
25.25.996042 PHELPS, JASON D. 55~ 60 37~O6 16.54
... in Msg column indicates no Notice is to be sent
i\
CITY OF MERIDJAN Delinquent Account List- council Page: 7
Standard Payment Customers Aug 17. 2004 04:20pm
Current Period: 08/2012004
No Delinquent Minimum AmountDefinquent Balance
Last Pmt Last Pm!
Cust No Name Balance Non-DeUnq 06/20/2004 OS/20/2004 04120/2004 Date Amount
37.37.3868.3 PICCOLA. NA TALl E & JASON 77.21 43.1 0 34.11 08113/2004 40.00 ..
36.364 1 020 ~ 1 PJERCEi ROBERT 55.80 26.92 28.88 08/0212004 26.92 -
24.04~ 1646.1 PIKE1 BRETT & ANGI E 84.32 84r02 .30 08/03/2004 70400 M
30~ 74.380442 POOLE~ STEPHEN 49.26 24.14 25.12 06/29/2004 25.12 -
23~ 02.1 84042 PORTENIERJ ROBERT & RACHE 108.04 50.62 46.70 1 0.72 08/13/2004 35.00 -
22.51.085444 POYSER, MORGAN 111420 44494 33.62 32.64 05/1 8/2004 32.64 ..
35.35.0404.2 PRAIT. ROBERT & PAMELA 49~ 78 49.22 .56 05/27/2004 100.00 -
23.01.3490.3 PRIEST, DONNA 15.25 15425 06/15/2004 61~74 ~
23.01.0100.2 PYLICANi WOODROW A. 131.29 131.29 02118/2003 45.26 -
31 .52.0302~ 1 R T NAHAS FURNITURE STORE. 96~ 70 48~35 48.35 07/21/2004 52.11 -
30~7440g02.2 RACKHAM, LARRY 73.91 30~ 19 23.33 20.39 06/15/2004 46.66 -
30. 7443420~3 RANSOM, PATRrCJA 82.26 67~44 14.82
30~ 7 44356B~ 1 RATTANAS1M. THONGSAY 97~32 48~66 48~66 06/07/2004 95436 ~
30~30.6246~ 1 RED STAR CONSTRUCTION 26~24 20.80 5.44
22~ 50.2390.2 REED, LORETTA 167.72 83.48 82.50 1.74 07/19/2004 78.80 -
23.02.0412.2 REr01t JOHN 214.40 91 .22 123~ 1 a 07/21/2004 90.24 -
37.37.3118.2 RI CEt JAM ES & LIZETTE 122.88 48.40 74.48 06/30/2004 123.26 -
23.02.3610.3 RI CHERT lt B RY AN & BARBI E 120.32 66.04 54.28 06/1 0/2004 99.74 -
22.51.3154r5 RICKORDSt SHANNON 129.32 1 08~24 21.08 06/15/2004 98~28 -
22.50.0256.2 ROB BrNS t ELLEN 183. 1 6 1 05~44 47.02 304 70 07/21/2004 78.98 -
22.50.0258.4 ROB BINS. ELLEN 212.42 122~ 30 83.06 7~O6 07/21/2004 61.66 -
22.51.3300.1 ROB ERTS ~ DA VID 116412 7 4~50 41462 07/19/2004 65.74 ~
30. 74~321 0.1 ROB I NSQN. LONN I E 86434 43466 42.68 07/16/2004 40~ 72 -
24.04.195642 ROBJ NSON. RICHARD & PRISCII 162~32 92.92 69.40 06/15/2004 82.14 -
37~37~2890~ 1 ROCKY RIDGE HOMES 24.48 17.60 6.8a .. 07/19/2004 11 .00 -
30~ 7 4~ 2632~4 ROE, WilliAM JR 171.86 94.26 77.60 06/1 0/2004 . 148.28-
. 22~51.3214~2 ROEHR~ ell NT 130.41 71 .56 . 31.82 27.03 - 06/15/2004....~~..:. ::... ... 40~OO-
22~51 ~oa66.1 ROHRBACH~ CHERYL 61 ~68 49.84.. . 11.84 .. : . . 07/13/2004./. ~.:... ..... . 50.00-
23.01.1530.1 ROSSI BRENT 378.76 208.49 170.27 06/23/2004. 166.35 w
36.69.0544.2 ROSSt P A TRI CIA 186.64 96.26 90.38 07/0212004 78.62 ..
35465.0638~2 ROTH~ ERI KA 58.74 29486 28.88 07/19/2004 26~92 ..
31.52.0269 r2 ROUND TABLE PIZZA 204.82 127 .94 67418 9.70 03/1 0/2004 13.40 ..
23.02.0896~2 ROWELL. DAN 130432 71.04 59428 07/21/2004 63.20 ..
35.35.0058~2 ROWETT t BOB & DANA 90492 45.46 45446 07/13/2004 45.46 ~
20.47.0074.2 RUMSEY. PHILIP & JENNJFER 103474 57.04 464 70 07/21/2004 75.72 -
23.23.3458.2 RUPERT. DAN 52443 25.12 27.31 06/21/2004 25.12 -
30.74.2422.2 RYERSON. NATHANEAL & SUZP 85.47 69.40 16.07
30.74.3432.2 SAGER. LEE & NADEAN 118.46 50.52 46.60 21 .34 07/0212004 21.34 -
23~O 143270.2 SAMS. DOUG 368.76 210.27 158.49 06/2212004 174.15-
32. 32.4306~2 SANDS. BRYAN & DIANE 91.90 48~40 43.50
37. 72. 0250~2 SAPI ENSi ALEXANDER & LISET. 90.78 45.68 44.90 06/23/2004 43.92 -
24.044054B~2 SAU ERt DA VI D 115.46 70.46 42~42 2.58 07/2712004 65.00 -
22. 5143720~2 SCHOW t BART & ALISSA 198~58 113~82 83.88 488 07/22/2004 83.00 -
25.0540414~3 SCOTTi EDWIN & KATHY 341.40 116.54 133.80 91 ~O6 06/16/2004 96.02 -
29.07409a4~ 1 SCOTT. JASON 92~24 30~42 30.42 31440 05/17/2004 63.78 ..
244 0442294~3 SCOTT. STEVEN & LORI 176.60 1 07.88 68. 72 07/20/2004 100.00 ...
234 0142040~ 1 SEAMONS, DOUGLAS 71.82 36.40 35.42 06/11/2004 91 .84 -
35.3542392.2 SEMMER, CHAD & MARY 99.84 36.40 35.42 28.02 06/16/2004 52.62 ~
30.3046350.1 SHADOW MOUNTAIN CONSTRU 32.85 17.60 15.25 07/20/2004 3448 -
23~ 02.427042 SHAFFER~ RA YMOND 86.28 51 .34 34 ~ 94 08/17/2004 50400 -
23402.0476.1 SHAWl EVA 77.40 76.42 .98 07/2212004 110.88 -
32432.4950.1 SHOEMAKER, FRANK & HELEN 69.34 36414 33.20 07/13/2004 34.1 B -
30474.3980.1 SHUMWAY, MARY 4441 0 42402 2408 07/21/2004 40.00 -
24.03.0292.1 SHURTZ, ROD 267~32 148.70 118.62 07/21/2004 1 00.00 -
30.74.3096.1 SIGMOND, SERGIO 147.66 50.20 52.16 45430 06/14/2004 78.24 -
.... in Msg column indicates no Notice is to be sent
f {
CITY OF MERI DrAN Delinquent Account ListM cou ncil Page: 8
Standard Payment Customers Aug 17$ 2004 04:20pm
Current Period: 08/20/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount
25.25.0068~ 1 SIGNATURE HOMES 64.08 28.88 17.60 17460 05/13/2004 6~ 96 -
22.S0~4222.2 SJL V Ar BENJAMIN & STEPHANI E 66~26 33.62 32.64 06/24/2004 63.32 ..
36.69~OO4B.1 SIL VERIA1 ROB ERT A 145.26 144496 .30 07/21/2004 128.00 -
22.51.4034.1 SKINNER. KEN 69.1 B 47.82 21.36 06/15/2004 20.38 Z&
23.02.0380.1 SKIVER, WAYNE D 39.81 39.61 .20 08/17/2004 40~59 -
30~ 74. 1086.3 SL YTERt GORDON 93.72 50~76 42.94 07/19/2004 61.96 -
30.74.2758.4 SMJTH~ GREGORY & JERI 67~32 53.72 13.60
23.02.1700.2 SMITH. LEON & JAN I CE 94.38 44474 49464 06/07/2004 98.30 -
23.02~4430.1 SNIDER~ PETER F4 120.52 66.14 54.38 06/1 512004 55.36 -
22~51.3090~3 SOL TAUt CYRIL 76~54 39.74 36.80 07/21/2004 35482 M
32.32.4822.3 SOMAZZI, ROGER & J ENNI FER 48~66 47.42 1L24 07/23/2004 52400 -
23.02.0180.2 SPANGLER. STEVE 54.82 27.90 26.92 07/08/2004 55.80 -
20L46.5076.1 SPORTSMAN$ WHAREHOUSE 327~57 325.57 2.00 07/21/2004 304.77 -
30.74.2428.5 SPRONG, RICHARD 111.46 92.88 18458 06/22/2004 20.00 -
24.03.0426~2 STAGGERS, PERRY 367.26 1 84.42 1 a2~84 07/22/2004 135~OO -
30.3046334.2 STEELE. STEVEN & DEBBI E 92.32 48.40 43.92
224514 2800~ 1 STEVEN HI LL 1 0.00 8.38 1.62
36436.1 044~2 STONEt CHAUN & MALISA 75~10 37.06 38.04
22.50.448243 STONE~ HAROLD 92.28 56. 70 35.58 06/15/2004 65.28 -
22.50.1754~2 STRl CKARSKIY t ALEX & NADIA 44.42 21 .26 23~ 16 06/28/2004 23~ 16 -
23.01.2320.1 SUMMERSt STACEY 77~a4 52.48 25.36 07/09/2004 60.00 -
32~32.4692.2 SUTCLIFF, JOHN & BECKY 75.1 0 37.06 38.04
22~51.1162.2 SWCR 30.08 18.83 11.25 04130/2004 11.31 -
22.5141160.2 SWCR 26.41 7.55 11.31 7.55 04/30/2004 3~ 79 ~
36469.0484.6 T ADEVI Ct TOM 132~44 . . 67.20 65.24 .07/23/2004 64.26 M
22451.0906~ 1 TAGGART~ RETA B 0.00 80.00 . OS/26/2004 22440 ..
30. 7 4.2698~2 TAYLOR, DARRELL 119.50 . 52.40 44~56 22.54 :. 07/12/2004 . 57476 ..
22.51.1130.1. TAYLOR, LARRY 37407 .. 33431 3.76 06/23/2004 . 66.62 -
22.50.1 020.1 TECO INVESTMENTS 112~OO 76.64 35.36 07/14/2004 60~OO ...
20~4 7.0052.4 TENNANTt ROBERT & CONNIE 75.58 60.14 15.44 08f02l2004 100~OO -
29.57.01 04L 1 THE PERFECT CUP 33.90 18.83 15.07 07/22/2004 30 ~ 14 ~
22.51.1172.3 THOMAS/ANDERSON PARTNER 54.02 27.01 27 . 0 1 06/15/2004 55~ 00 ..
22.5042110.2 THOMPSON,RHONDA 86.68 51 .44 35424 06/25/2004 60.00 -
35~3542416.2 THURBERt MrCHAEL & SHARUA 96.66 51 r 76 44490 07/2212004 45.88 -
23~ 02.5360.1 TIDWELL, ROBERT 89.58 52.08 37~50 07/21/2004 50.00 -
20.47.107642 TI MIAN. MICHAEL 109422 1 08.24 .98 08/16/2004 55.76 -
30.74.252041 TOLANDt DAVID 145436 9 1 ~ 68 53.68 07/06/2004 120.00 -
36.69.1658.1 TOM WEIGLE & SONS CONSTRl 125444 62472 62.72 06/16/2004 140.48 -
36.69.0314.2 TOTMAN, JERRY 64.20 31 ~66 32.54 06/1 0/2004 65438 Jor
33.33.9078.1 TOUCHMARK D EVELOPM ENT 55.28 27.64 27 r64 06115/2004 23.88 -
33.33.9090.1 TOUCHMARK OF TREASURE Vt 54.33 27.64 25~29 1.40 06{25/2004 4~60 -
33.33.9074.1 TOUCHMARK OF TREASURE Vt 26.12 20.12 6~OO 07128/2004 14~01 -
33.33.9096.1 TOUCHMARK OF TREASURE VP 35.20 17.60 17 ~60 07/28/2004 17.60 -
35.35r3028.1 TRIN ITY HOM ES 108.45 74.00 34~45 06/16/2004 200.00 -
20~46~O180.2 TROYER, SCOTT & LOrS 101.12 57.20 43.92 07/06/2004 110.78 -
30.L 7 4~2386.2 TUPPER~ PAXTON & APRIL 135.34 72.08 63426 07/16/2004 70.52 -
23. 02~0330. 1 TURN ER. DAVID & JEAN I NE 96.98 48.98 48400 07/21/2004 50.94 -
22.51 ~ 1144.2 VANCE, JIM & DERRIAN 76~68 4497 7.55 64416
24.03~027a.1 VANDERMEER1ALETA 77.84 38~92 38.92 06/15/2004 76.86 -
30.304 6144~2 VANPAEPEGHEM~ A QUINN 88.96 43450 45.46 07/12/2004 43.50 ~
23.014 156043 VAUGHN, CHAD & KRI$TI 113.45 89498 23.47
24.03.003042 VERHEIJ EN t ERIC & CHRISTI E 84.90 40.98 43.92
36.65.309841 VIERTELt EUGENE 35.22 32.22 3.00 07/19/2004 30.20 -
23.02.1480.5 VIEW POINT SERVI CES~AFFIN 11 575.33 174.91 21 O~43 189.99 06/14/2004 224.15 -
23.02.4550.1 VINCENT. TOMMY 106.70 60.26 46~44 08/16/2004 5.00 K
... in Msg column indicates no Notice is to be sent
.(~: /:/-:...... .
\,: {.
CITY OF M ERI DJAN Delinquent Account List.M counciJ Page; 9
Standard Payment Customers Aug 17~ 2004 04:20pm
Current Period: 08/20/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 06/20/2004 OS/20/2004 04/2012004 Date Amount
22.51.3094~2 VNUK, JOHN 89454 30.26 59.28 06/17/2004 87.58 -
35.35.5017.2 WAGEMAN. CLINT 55.44 55.20 424 07/21/2004 11 0.00 ..-
23.02.2250.4 WAGSTAFF~ DENMAN 85~ 76 63.52 22.24
2340142310.2 WALKERJ BETTE 95~ 74 56.72 39.02 07/21/2004 40.00 -
23401.3340~ 1 WALSH, RON 136.52 136.52 01/16/2002 29417 .M
25.25.4528.2 WARD, JENNIE 69.04 20.38 20~38 20~38 7.90 0211 0/2004 86.64 ..
23.01.0460.3 WARDLE. JOHN & CHERYL 72.80 34.84 37.96 06/09/2004 70.00 -
35~ 654 0700.2 WASHrNGTON FEDERAL SAVINI 62~34 31.66 30.68 07/21/2004 31466 -
22.50.063641 WASHINGTON SQUARE APARTr 783.52 467.94 315458 07/21/2004 336~OO -
22.50.0610.1 WASHJNGTON SQUARE APARTI 1t131.76 716.09 415.67 07/21/2004 436.25 -
22.50~O638.1 WASHINGTON SQUARE APARTI 621 .38 350. 16 271 ~22 07/21/2004 282.00 -
22.50~ 1016.1 WATSONt CURTIS & VIVIAN 234.48 142.50 91 .98 06/24/2004 90.02 -
24~ 03~ 0302.2 WAITS, MELVJN & SONDEE 114.36 68.16 46420 07121/2004 47.00 -
22.51.331042 WEBB ~ MICHAEL 147.31 57.63 41.41 48.27 06/1 7/2004 40~43 ..
23.02.3150.3 WELKER, ROGER 177.68 1 08.44 69.24 07/12/2004 69.24 ..
36.69r2298.1 WESEMAN, DIANE 192448 122~O2 70.46 07/21/2004 60.66 ~
37.72.0142.2 WEST~ BETTY 66.50 64~50 2400 07121/2004 54.66 ...
23~01.101 045 WEST, JONJ & BERT 146.28 61.74 84.54 06/1 7/2004 145.00 ~
30.74.3122.1 WESTERBERG. STEVEN 86.66 42~84 43.82 07/16/2004 37494 a
31.52.1170.1 WESTERN ADA RECREATION 0 535.18 274.94 260~24 07/0212004 178~gO ...
22~50.2384.4 WHITE1 SHAI NE 61.68 32.80 28 ~ 88 07/06/2004 28.88 -
35.35.0097.2 WHITTED. NEIL & CHR1STI N E 82~28 4341 0 39. 18 07/21/2004 83.26 -
30~ 7 44370B~3 WI LBURN ~ STEVEN 130.46 47.74 41.86 40.86 . 06/14/2004 62.00 ~
23402.204041 WI LLIAMS~ FRED 94.50 51 .66 42.84 . 07/19/2004 41 .86 ..
22.50.0210.3 WI LSON t MITCHELL 95.24 53~2B 41 .96 - . .. .: ~ 07/06/2004 42~g4 ..
22.50.0208.1 WILSON ~ MJTCHELL D 94.26 52.30 41.96 - 06/29/2004 21 .00 -
. 29. 07 ~OBBO.2 WINKLER. GREG 55.60 35.42 20.1 a ~ . : :... .07/21/2004 35.00 -
30~ 7 4~ 0094.4 WINWOOD, RANDY & CATHLEE~ 159r66.. . 124.14 35.52 .: 07/22/2004 52.20 ..
20.47. 1204.2 WIXSON, RYAN 135.50 88.90 46.60 07/21/2004 75.62 -
25.2541 040.3 WOLDEGOBREALt LULU 149420 60.58 88462 07/21/2004 51 .76 -
22.50.3892.1 WOOD. MJCHAEL 89~58 58.88 29486 .84 07/21 J2004 70~OO -
20~46.0844.1 WOODVfNEJ GALEN 53.72 28.60 25.12 06/15/2004 24.14 -
30.74.3664.2 WORTHAM ~ MITZI & BRIAN 81 .30 41.14 40. 16 07/0212004 38.20 -
22.5043784.1 ~VALA1 JOSE 103.06 68.36 34. 70 07/21/2004 85.00 -
Grand Totals; 56t 166.51 32,740.20 19,613.14 2,393.72 1,419.45
Report Criteria:
Terminated customers not included
Customer~Cust No () = {<} 880000001
Customer~ Bill Cycle = 1
~*. in Msg corumn indicates no Notice is to be sent
'tQS~ ~Oi~.".' r PUb\lC Noiic(, -l\{.u.y\\($; l)
........... .. .
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, August 17, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance
Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of August 3, 2004 City Council Regular Meeting:
B. Waterline Late Comers Aareement - Debgar, LLC (dba Bodily RV
Center):
C. first Amendment to the Development Agreement: RZ 04-006
Request for a Rezone of 16~1 acres from R4 to R-8 zone for
Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east
of South Eagle Road and north of East Victory Road:
D. Water Main Easement for Treasure Vallev Baptist Church:
E.
Resolution No.
: Solid Waste Committee:
f. license Agreement with NamDa Meridian Irrigation District to
construct sewer line within the easement for the Ten Mile Drain:
6. Department Reports:
7. (Items Moved from Consent Agenda)
8. FP 04-050 Request for Final Plat approval for 6 commercial building lots on
5.23 acres in a L-O zone for Valencia Plaza Subdivision by Roylance &
Meridian City Council Agenda - August 17, 2003 Page 1 of2
All materials presented at public meetings shall become property of the City af~feridian.
Anyone desiring acconunodation 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.
(:.'...
Associates - east of South Locust Grove Road and south of East Overland
Road:
9. Continued Public Hearing from July 13,2004: ZOA 04-001 Request for
Zoning Ordinance Amendment to allow small antennas to be mounted on
existing and new light and power poles within resjdentialJ office, commercial
and industrial subdivisions by Pinnacle Engineers, loc:
10. Public Hearing: AZ 04-014 Request for Annexation & Zoning of 30 acres
from RUT to R-8 zone for proposed Sienna Creek Subdivision by
Sagewood Development, Inc. - north of West Ustick Road and east of North
Linder Road:
11. Public Hearing: PP 04-019 Request for Preliminary Plat approval of 136
single-family residential building lots and 13 common lots on 30 acres in a
proposed R-8 zone for proposed Sienna Creek Subdivision by Sagewood
Development, Inc. - north of West Ustick Road and east of North Linder
Road:
12. Public Hearing: CUP 04-021 Request for a Conditional Use Permit for a
Planned Development for a residential subdivision for proposed Sienna
Creek Subdivision by Sagewood Development, Inc. - north of West Ustick
and east of.North Linder Road:
13~ Public Hearing: PP 04-018 Request for Preliminary Plat approval for a re-
subdivision of Lot 2, Tramore Subdivision consisting of 16 multi-family
residential building lots and 3 common lots on 5.7 acres in an L-o zone for
proposed Roundtree Subdivision by Big View Builders - east of North
Linder Road on south side of East Pine Avenue:
14. Public Hearing: CUP 04-018 Request for Conditional Use Pennit for a
Planned Development for a reduction to 10-feet for the rear setback,
minimum 5-foot side setback, minimum 20-foot front setback and no minimum
frontage requirement for lots within the proposed development for Roundtree
Subdivision by Big View Builders - east of North Linder Road on south side
of East Pine Avenue:
15. Water, Sewer and Trash Delinquencies:
16. Ordinance No. RZ 04--006 Request for a Rezone
of 16.1 acres from R-4 to R...8 zone for Sutherland Farm Subdivision No.4
by Sutherland Fann, Inc. - east of South Eagle Road and north of East
Victory Road:
Meridian City Council Agenda - August 17, 2003 Page 2 of2
All materials presented at public meetings shan become property of the City ofl\rferidian.
Anyone deSiring accommodation for disabilities related 10 documents and/or hearings
Please contact the City Clerk'S Office at 888-4433 at least 48 hours Prior to the PUbliC meeting.
i J-
Llf ..4 L 0<':>\
f ~ . ~ . . I
Revised August 16, 2004
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, August 17,2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charfie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance
Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of August 3,2004 City Council Regular Meeting:
B. Waterline Late Comers AGreement - Debgar, LLC (dba Bodily RV
Center):
C. First Amendment to the Development Agreement: RZ 04-006
Request for a Rezone of 16.1 acres from R-4 to R-8 zone for
Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east
of South Eagle Road and north of East Victory Road:
D. Water Main Easement for Treasure Vallev BaDtist Church:
E.
Resolution No.
: Solid Waste Committee:
F. License AGreement with Nampa Meridian Irriaation District to
construct sewer line within the easement for the Ten Mile Drain:
G. Personal Services Contract between the City of Meridian and
RIMI, Inc. to provide mechanical Inspection services and plan
reviews for structures constructed within the City of Meridian:
H. Personal Services Contract between the City of Meridian and
lynd, Inc. to provide plumbing inspection services and plan
reviews for structures constructed within the City of Meridian:
Meridian City Council Agenda - August 17, 2003 Page 1 of2
Ail materials presented at public meetings shall become property of the City of Meridian
Anyone desiring accommodation for disabilities related to documents andfor hearingS
Please contact the City Clerk'S Office at 888-4433 at least 48 hOurs prior to the PUbliC meeting.
c..........:..
-~.~:. .
/.. .
( ... ... . ~~
Revisecf August 16, 2004
7. (Items Moved from Consent Agenda)
8. FP 04..050 Request for Final Plat approval for 6 commercial building lots on
5.23 acres in a L-O zone for Valencia Plaza Subdivision by Roylance &
Associates - east of South Locust Grove Road and south of East Overland
Road:
9=- Continued Public Hearing from July 13,2004: ZOA 04-001 Request for
Zoning Ordinance Amendment to allow small antennas to be mounted on
existing and new light and power poles within residential, office, commercial
and industrial subdivisions by Pinnacle Engineers, Inc:
10. Public Hearing: AZ 04-014 Request for Annexation & Zoning of 30 acres
from RUT to R-8 zone for proposed Sienna Creek Subdivision by
Sagewood Development, Inc~ - north of West Ustick Road and east of North
Linder Road:
11. Public Hearing: PP 04-019 Request for Preliminary Plat approval of 136
single-family residential building lots and 13 common Jots on 30 acres in a
proposed R-8 zone for proposed Sienna Creek Subdivision by Sagewood
Development, Inc. - north of West Ustick Road and east of North Linder
Road:
12. Public Hearing: CUP 04-021 Request for a Conditional Use Permit for a
Planned Development for a residential subdivision for proposed Sienna
Creek Subdivision by Sagewood Development) Inc. - north of West Ustlck
and east of North Linder Road:
13. Public Hearing: PP 04-018 Request for Preliminary Plat approval for a re-
subdivision of Lot 2, Tramore Subdivision consisting of 16 multi-family
residential building lots and 3 common lots on 5.7 acres in an L-O zone for
proposed Roundtree Subdivision by Big View Builders - east of North
Linder Road on south side of East Pine Avenue:
14. Public Hearing: CUP 04-018 Request for Conditional Use Permit for a
Planned Development for a reduction to 1 a-feet for the rear setback,
minimum 5-foot side setback, minimum 20-foot front setback and no minimum
frontage requirement for lots within the proposed development for Roundtree
Subdivision by Big View Builders - east of North Linder Road on south side
of East Pine Avenue:
15. Water, Sewer and Trash Delinquencies:
16. Ordinance No. RZ 04-006 Request for a Rezone
of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4
by Sutherland Fann, Inc. - east of South Eagle Road and north of East
Victory Road:
Meridian city Council Agenda - August 17, 2003 Page 2 of2
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 8884433 at least 48 hOurs Prior to the pubJic meeting,
1 /... .
** TX Cc.~ f1AT r ON REPORT ** AS OF AUG 16 ' 04 l~ PAGE. 01
CITY OF MERIDIRN
DATE TIME TO/FROM MODE M 1 N/SEC PGS CMD~ STATUS
11 08/16 14:50 3810160 EC-S 01t18U 002 246 OK
12 00/16 14:52 PUBLIC WORKS EC--S 00t47" 002 246 OK
13 00/16 14: S3 12084664405 EC--S €J0' 47" 002 246 OK
14 08/16 14:54 8841159 EC--S m0' 471t 002 246 OK
15 08/16 14:56 2088840744 EC--S OO~47'" 002 246 OK
16 08/16 14:57 POLfCE DEPT EC--S 00t47U 0132 246 OK
17 08/16 14:58 8985501 EC-S e0~ 46 tt 002 246 OK
18 08/16 14: 59 LIBRARY EC--S 01'00'" 0~2 246 OK
19 08/16 15:01 92083776449 EC--S 00~46U 002 246 OK
20 08/16 15:02 208 388 6924 EC--S 01 tOOU e02 246 OK
21 08/16 15: 04 2008886854 EC--S 00t 46 n 002 246 OK
22 08/16 15: 05 ALL AMERICAN INS EC--S 012)-4611 002 246 OK
23 00/16 15=06 200 895 8390 EC--S 0e~47u 002 246 OK
24 08/16 15:08 128300040 G3--S e0~ 591' 002 246 OK
25 08/16 15:09 208 387 6393 EC--S e0' 51 u 002 246 OK
26 00/16 15: 11 ADA CTY DEUELMT EC--S e0t47U la02 246 OK
Z7 08/16 15:12 8885052 EC--S 00t47U 002 246 OK
28 08/16 15:13 CHERRY LANE G3--S 01 t 27u 002 246 OJ.<
29 08/16 15:16 [DAHO ATHLET1C C EC--S 00~ 4?tJ 002 246 OK
30 08/16 15:17 10 PRESS TRIBUNE EC--S 00~45U ~a2 246 OK
31 08/16 15: 18 2088886701 EC--S 00. 47~' 002 246 OK
--------------------------------------------------------------------------------------------
PLw.AL. ~O~Tto-f 1 vbLft, /VO liLt. -' / Ylq t/l f-..~ :
Revised August 16, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TUesday, August 17, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Shaun WardJe _ BiU Nary
_ Charlie Rountree _ Keith Bird
_ Mayor Tammy de Weerd
2.. Pledge of Allegiance:
310 Community Invocation by Pastor Craig Flinn, with Meridian AJllance
Church:
4~ jA,doption of the Agenda:
6. Consent Agenda:
A~ Approve Minutes of August 3, 2004 City Council Regu'ar Meeting:
B. Waterline Late Comars AQreement - Debgar, LLC tdba Bodily RV
Center):
Cot First Amendment to the Development Agreement: RZ D4-Q06
Request for a Rezone of 16. 1 acres from R-4 to R-8 zone for
Sutherland Farm Subdivision No.4 by Sutherland Fann, Inc. - east
of South Eagle Road and north of East Victory Road:
DII Water Main Easement for Treasure Vallev Ba~tist Church:
Ie.
Resolution No"
: Solid Waste Committee:
IF. Licel1$B AQreement with Nampa Meridian Irriqation District to
construct sewer line within the easement for the Ten Mile Drain:
G.. Personal ServIces Contract between the City of Meridian and
RIMI, Inc. to provide mechanical Inspection services and plan
reviews for structures constructed within the City of MeridIan:
IH. Personal Services Contract between the City of Meridian and
Lynd, Inc. to provide plumbIng Inspection servIces and plan
reviews for structures constructed within the City of Merfdlan:
MericliNa CityCoud Asecda.. Auguz 17" 2003 ~8' 1 ot2
All stwtcria], Pfcumed II' PUbliC me<<iogs ablll becomf proptny ofw Ci%y Of ~fcridiao..
Anyon. _iring: ~OQ tor diubi!ifin.ldAtcd ta documcm:a .IUlIdlGf" h=rlass
pIII'Ak coa&ad: tbl: City Clot" Offiet- m: n:S-4433 .u kaM .fg bouts priDrlo thO pub)ic ~:.
(.. AUG 13 t 04 It~
** TX CO!'.. ..ATION REPORT ** AS OF PAGE~01
CITY OF MERrDIRN
DATE TIME TO/FROM MODE MIN/SEC PGS CMO~ STRTUS
14 08/13 18=25 38101sa EC--S 01'13t:1 002 225 OK
15 08/13 18: 27 PUBLIC WORKS EC--S 1a0'44u 002 225 OK
16 08/13 18:28 12084664405 EC--S 00 ~ 45~' 002 225 OK
17 08/13 18: 29 8841159 EC--S e0144u 002 225 OK
18 08/13 18=31 2088840744 EC---S 00144H 002 225 OK
19 08/13 18:32 POLleE DEPT EC--S 00"45u 002 225 OK
20 08/13 18:33 8985501 EC--S 00~44U 002 225 OK
21 08/13 18:34 LIERARY EC--S 00' 56u 002 225 OK
22 08/13 18:35 92083776449 EC-....S 00t43U 002 225 OJ(
23 08/13 18: 37 208 388 6924 EC--S 00~56n 002 225 OK
24 08/13 18:38 2088886854 EC--S 00 J: 43 'n 0102 225 OK
25 08/13 18:39 208 895 0390 EC--S 00'44" 002 225 OK
26 08/13 18:41 128300040 G3--S S0:f56n 002 225 OK
2:7 08/13 18:42 208 387 6393 EC--S 00' 44U 002 225 OK
28 08/13 18: 43 ADA CTY DEUELMT EC--S 00~43n 002 225 OK
29 00/13 18= 4S 8885052 EC--S 00' 43.t 002 225 OK
30 08/13 18:46 CHERRY LANE G3--S 01 t 24..t 002 225 OK
31 08/13 18:48 IDAHO ATHLETIC C EC--S 00t44U 002 225 OK
32 08/13 18:50 ID PRESS TRI8UNE EC--S e0~ 44" 002 225 OK
~~~~---~---~~-~~-----~~~~~~----~-~~~~~-~~------~~~~~~~~~~~~~~~----~~~~~--~-~~~~~~~--~~---~
t.'CQS~ rOCt -h1 \i1bhL N[)t{C~ - Jno.Y\"~' .I)
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, August 17. 2004 at 7:00 p.m.
City Council Chambers
1. Roll.calJ Attendance:
_ Shaun Wardle _ Bill Nary
_ Charfie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3.. Community Invocation by Pastor Craig Flinn, with Meridian Alliance
'Church:
4. ,A.doptlon of the Agenda:
5. Consent Agenda:
t~. Approve Minutes of August 31 2D04 City Council Regular Meeting;
13. Waterline Late Comers Aareement - Debgar. Ltc (dba Bodily RV
Center):
t=. FIrst Amendment to the Development Agreement: RZ 04-006
Request for a Rezone of 16..1 acres from R-4 to R-B zone for
.s~therland Farm Subdivision No.. 4 by Sutherland Farm. Inc. - east
of South Eagte Road and north of East Victory Road:
t). Water Main Easement for Treasure Vallev Ba~t Church:
I:.
Resolution No.
: S~lid Waste Committee:
I~.. Ucense AGreement with Nampa Meridian IrriGation Di$trict to
construct 8ewer line within the easement for the Ten Mile Drain:
6. JJepartment Reports:
74 (Items Moved from Consent Agenda)
8.. I:P 04-060 Request for Final Plat approval for 6 commercial buildIng lots on
S.23 acres in a L-O 20ne for Valencia Plaza SUbdivision by Roylance &
MuidianCity Cou.acil Agcndo- Anput 17~ 2003 pap: I of2
All llW<<iala prnemed.1J' publie mcctlap .hall b~ pr~ Of tin: City ofMaidiaa.
AttyOllft dairiag. DCtoa:anodaUon (0(' diaabllitk" rtJatcd 10 darolReab IIImer btari.rJgs
,16Me- ~ the City CJd'5 om~ ct 88~33 al h1&&1. 48 hours prior-to 1hc PUbliC IlWIiD&
** TX CONFIRMATiuN REPORT **
{. ...
\.. .
AS OF AUG 13 ' 0.4. "t8: S2 PAGE. 01
CITY OF MERIDIAN
DRTE TIME TO/FROM
01 08/13 18:51 2088886701
MODE MIN/SEC PGS CMD~ STATUS
EC --5 00' 43 tt 002 225 OK
t.\LQS~ roc\- .ht \i1 b \lL \\lot{ c. G - JV\Ci '(\.~~' ,I)
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday. August 17, 2004 8t7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shsun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2.. Pledge of Allegiance:
3. rCommunlty Invocation by Pastor Craig Flinn, with Meridian Alliance
,Church:
4. ~Adoptlon Of the Agenda:
5. IConsent Agenda:
,Ai> Approve Minutes of August 3, 2004 City Council Regular Meeting:
lB. Waterline Late Comers Aareement - Debgar, LLC (dba Bodily RV
Center):
l~,. FIrst Amendment to the Development Agreement: RZ 04-006
Request for a Rezone of 16.1 acres from R-4 to R...8 zone for
Sutherland Farm SubdiVision No.4 by Sutherland Fann, Inc. - east
of South Eagle Road and north of East Victory Road:
I). Water Main easement for Treasure Valle" BaDtist Church:
I:~
Resolution No.
: aQlid Waste Committee:
1=. Ucense Agreement With Nam~a r..,eridian Irrigation District to
construct sewer line within the easement for the Ten Mile Drain:
6. Ilepartment Reports:
7.. tltems Moved from Consent Agenda)
8. I:P 04-060 Request for Final Plat approval for 6 commercial building lots on
ti~23 acres in. a L-O zone for Valencia Plaza Subdivislon by Roylance &
Mc:ridim City Council Agcn.dG - AuGUst 17~ 2003 Pap: 1 of2
AJl mnIwlra presom:edar publie meetiJ:lgs obaH become proptrty of the City ofMeridi.sn.
Anyone dtsiriug octommod.:rtion. for disabilitieS !'dated to" docunterrt:s and/or be.uings
p)onse C011lud dlC City CJtlJ'k"s OfJicc at 888-1433 OlJ0A5t,",S hours priOC' to !be fNb1ic meeting.