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"N .... ....-...: ..../ N .... < .... --: .... .... ........-..; .::-; \ ....-..; ::::..... V.... .... .... ::-; -..;:.-- ........ .... :::: .... / / -..; ~ .... -..;.... ::: / -..; N -~ ~: V : ~ ~....V ';: V~_ ...."-..:.:...:..... .... -..;.... ........ ..... .... .:::. .... .... ( 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. ( 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. (. 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 ( 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~ (~-~." : 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. ( 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. ( 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. ( 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 ('. 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: , Mt\~\Q~IJ/f \ \ \ M''- 'I, / ~'\'\~f of cR/!); 1111/ " -:\" , AJ. ..../.; ;- 0' o~PORr1 'h ~ ~ ~ ~G ~o ~ ~ ~ ~ ~ BEAiIriST D:; ~ ~~ rf 2WILLIAM G~ BERG, ~ i::tl J- "\ 0.:: ~"A -U.I 1~)i ~ ~" / 1f...~ ~ '\~" .-:.. 6 ~tj ~ ~ ,'I .. .1// 0:r"tt ~:J., J~ '( ~ ~ \.~..... /.. ~'J'/..,- i'~-.. "j",i~': ~;" t' ; \ \ \\ \-:-. 11111t9~ 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 ( ** Also adlllitted in C 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 ~ ) _:. ..~<~ : ~ oJ ~ r'" .~'\~~? {! ~. I ~ j · &Y~~~j:~d:i~r~;: .~~& CITY (Jr. ttl;~R~E~~!.6. v erla1dn'--1!~; '~'\~t ID.\r ~O ~ ~ ? 7~ ?~ 'I; Q .. /; c1 ~ ",.. .. ~ ~ .'............ ~....!.....l!l ,,~~ l~\~ ~~ ~. ra~~~':.~ ~=---- ~ 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 .-;..~ 2 ~o ~ ~ ::: ~ ~ .:\ J ". 0).\ ~ , L ~ WILLIAM G. BERG, ~. - Q ~1S. .C) ~? ~ -Po uSr 15\ ,/ -./' .,1' ~~ ":1 .--/ {',~i::\:~.~ /..........' 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 .... -..;.... -..;:-.. .... ..../ ........ .... .... -..;.... ........ .... -..; ........ :-...... ........ .....P: :-.:.: ........ -..; ........ ~.... -..;.... ; .... ~ ~ .....:--:. .... v ........ 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" ~'" ~. . :~, -..: ..... .... .:::.~....~~.~.:~:-;:;'.::;~::~........ -..: .... '"'lea ,::0 A ' ' · w" ' n1rerG~EU ,-: ~."~: -p r~-'~'a"t~~'" · · '" ,~ / ~ ~ N / '~ ....-..; ":-.:.......... -..;........ ~ x.... :-.:.... ....--: '_..~ .... / / .......: .... ::: ....-..: ..: -..: ...:-::~,"" ........ X ~~.:.;. '.~.:.~' -..: .... ~\ .:~ ~; ~.~.: . .... .... .~~ ~:~ .... ::.-: x <:', v' ' .... ......... .... ....:-... .... -..: .... .... ....:-:... -..: .... ( .... -..:....-..; -..:....-..:.... -..:/........~ .... .... / -..: /.... .... .... .... :.... : /.... /. -..: .... .... .... .... " ~ ~> .:::..... ... ... ......... .... .... ...... ... ... ~ ... ... ...... ... ( (" 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 \. r. .: . ..... . 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 c." (.. .. 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? c" .("" ( 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. . . . . . .. .. . .. . . . . . . . . . .. . . .. . . . . . ........ ........................ . . .: . ..... ... ...... . .. . . . . .. .. . . . . . .. .. . ... .... .. . .. ..... .. . .. .. :..........:....... . ... . . . .. ...... .. ........... . . . .. ... . .. ..... .. .. .. .. . .. . ... .. : ... .. .. . .. . ... .. .... . .. ... :. . . . . ..:.. . .. .. ... ... :-....:..........: .: ( 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. ( ('".... .. 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 . ... . .. . .. . .. ............................. .... : . .. ... ... . :... .:............: :.:... 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 . .... .. . .. .. . .. ... ..... .... .. .. .. . : .. .. ....... . . .........:........:... :. ... ... .. . .. .. . . . . . . .. .. :.. ...................................: .......... .... ..... :.. .... :..... ... . .. . . . . . ... . . .... . :. .: . .. ......................:...:....... ... ....... : . . .. .. . .... . ... . . .. . : .. . ... . .. ... . .. :......:......... .... :. : .. . . . . .... ...... ... .. . .. ........ . . . .. .. ... . .. ........ . . ... . ... .. ... ... ..:.....~..,.I.-.......:.::....:.:. 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 {.. t . ~.... 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, (... ..., (/.... 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 (" .. 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 . .. .: .. . . . :. . . . .: . . .. ...................... . . . . . . ... .:..:. .-:....... ;:: .......:.:. (. 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 (. 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, \.. ( 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. (v... . (:".-. >. 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 ( . 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. ( 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 (, ( 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 (~~ . c... . 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 ( .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. ~~ (. /. .. f .. . .: 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. ,// ( 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 .. (. (7......': 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. (. 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? ( 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? (~: . ... (_Y..'. 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 / $1 I f) 4r DATE APPROVED ,\\\l'lUtll1JJ \\' 'II/ ",\\ ~ OF MEf1/~ '1/// ,....' -~ v~ /..... 2' ~ (j 00~POR~ h ~~ /~ 2 ~ ~ ~ ~ ~ ~ ~ ~ ~ =-.- ~ SEAL - ~ ~ f? = ~ ~ 0 ~ --;.. 7: Qu "Qi 0 .$ '~:;. ~9 '8r 181 t ~.$ ...;.or';- 0f'\.. ~ ~ ~ .$ /// \...'Uf\fT"'{ ~'-r' 1/// /... Jo' f \\S\:~ '/U;~" nil\\\-\ ATTEST: ~;~.. . (. . 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 . . . . . .. . .. . . .... .. .. .. .. ... ...... ........ ..... ... .. .... . . .. . . ... . . ............ .. .........:. .. ... . ... . ..... .. (~.:~.... ('no. ..... . . 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 ~~ i ~+ ~~ ,..,Wli -!:: .: ~ ... ......!'r ~ ~.:q "u,~....: ~~: t#: ~~.n ~~~~ =~ ~~ 4'1 Qr}t-.. .,. ~ 'I: 1 t: ~-: ~ iiA: - -.li;..~ .~~ ~ ~ I q ... 1 ~~ i: ~-=I t I ~ ~I ~ ~ :.~ "- ... II.: t -~.. ~I ...... ~ i![ >~ ~ ~ .- 2"r:i--:.~ .... . . ......- - - -.- ~ ~ ~ :- =-- .~-~ .. 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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 ......;: ( 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 (f r .. . (:.. 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 f~ . \. 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 [" \.~ 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 <... t 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 {~... (. . 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 ('.... . ( 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 ( ( 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 t. "\ 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 _ r? ~ ~ </Q ~tf> 0 s ~ ~O Us.,. 1 S\" l . ~ f ~/ ~ ~~ -,$' ....1'1'1 OOUIL rrV of ,V ,"\'\' 1/11 N . -. ,\" /ltf1un 11\U\\\ 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 (.. . 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~ ",II.'.,t..". ,,"":"'\\ CE L .f.,,,# ,......"" .c... ~ \...... 11:11 (I \.... · 8 ~ #"" 4,' ") $"n ~~ ~ ~~ ~ ,: rztJ ~ f II" ~. ~ : C> ~ v j ~,. 't. r.;'" ~ (SEAL) :)\: -"1.. ~ : = : ~~~ ~ ~ : ; ~.(:;. :- ,.. : -:r.r\ t.BrlC, I ~ ~.. V'" \ ~ · 00. i .. ~.; ~ ~ 1 eO r'\. ~ "'. "1..( .. ....... fj, ... .. '" ~ v " ...,..... . (-1 ] lJ ~. ~........ .. ..... .. * .. III ., lb L ~ ~ 'J, " ,'I 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 / (. c 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 ) ) ) ) ) ) ) ) ) ) ) ) , ) ) ) 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 (.. :.. . 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 ,/ \ 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 (.m 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 (: (\\~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 ("- (>...: 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 ( 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 (- 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 ( 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 ( 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: .... PJ :: ~ ~ 7 .... ,q,- ...0 ~ · ,,-.)..,.. 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 ~~... T}J "M~~d ~ ~ V . ...~tJ.._~.~) 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-~ ( ( 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. (. . ~~ . c:. .m.':., . . . . . .. .. . .:..... . ...... . . . . . . . . . .. .. ... . ..... . .... .. . . City of Meridia~.. ..: :.. .;. :.:...:... ... . Public Works Dept..:. . . .. . . .. [>> ~ L?~ ~ ~ '2~ ffl- D. ~~(I:L t i \1' It: 1 ~ 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. 'XT!:I fpr l\Jf ~;,., 1=4 ~ C\pm ponT -p ^ Q 1\ Arr 'llTD rJ ^,.. \.. 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_ il"~-:-" ~... . . {.. . -..--:.. . ("._ .n.. : 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. C03 63 46_ \vtreasement_Iegal _070904 \vdg ~ /' > I ~ I r= /' n o (...I m Vl ..z::.... 01 / a.. ~ ~ /' () o v.e C1 W .J:i.,. 0) I :E ~ ::0 fTl > Ln rrl ~ l""1 Z ....., ~ ~ ~ :; Q ~ (T1 o tn 3 tb ~ '-I " ~ m " ~ o a ..:..... (...J w o " F """C 5. :J o n in ", .:J to 5~ (0 ~ tI') :s- f': ~ ;0 to. ~ ~ ::0 ~ tn ~ <- CD 0. I 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 .-J 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: (,.." . /.-:-;-:"-...... . (~........... . RE ~ T' T~ Tl~)1 np. ~ - A ~~ j~J JL '7 j~~ ~J 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 /.~ {.: 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: EAL & ff .". ~ 00. '\~ 0 ~ ~ <:> ~r 15\ ~ ~ $ ~'. #f ~ ,0$" .. .f>/ QO,q 1. -" \\) . ",.... Z:\Work\M\Melidian\Meridian 1 5360M\Resolutions Cily Hall~o..g4\'Sbi~JWa!;te ~q\lloc Resolution 07 12 04.dcc J'''J!H.:l pH \ ", (" 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 (:- :. . . -:... ( 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. \ \ \ \ \ \ \, t, I ~f~ t, I JIIIJ ,,~~..J Of RWEIg,,~III, ~..... ..- \.. '\ ' 'i!. ~ .::- .......' V9 f\P()J, A ~~ ~ .... ~CP -, Vi ~~ ~ ~ ~- "b ~ SEAL _ 7~ !? ~ ~ ~ QII- ~~ ~ S ~ ~ V'iSr 15\ · S '...... - -, ~ .~ // a ~l~ ~ ./'/"1 OlJ~~ \.V \", //1 tV i- 1 f ", 11\ I J ~i f.'.J III n t 11 " , \ \ 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,. t,.titl ..- ~",~ }\\ CE L. .t.'#'#~ ..' ,,~ ......0 UA - ~, ::~ _eOO ..."~ '- ~.rr e. -.". ~ (SEAL) L~ * o. 'tiO T ~ h \ ~ 'S. :: 4fJ ~ : 5 : ....... : f : .. Ii..p t k ~rrT R" N1." : ~ 4ft lrj} LIe :~' . 1 ng at: r I "i'rla.t'(lYl ~ ~ o. .. ~ ~o#.;"" -.0 ... . ~ Z;\Work\M\Meri~~~!"!'~~.s~~;tutions City Hall\2004\Certif of Clerk for Solid Waste Ad-Hoc Advisory Comln 07 ] 2 04.doc 4t"""k P ID fa; ~.,.., '''; JI i... ..t...1 STATE OF IDAHO, ) ss. County of Ada, ) On this r",JI,- ( 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 :Co.pies.: .:> : :.' D.ate.#:.. . # . . . ~ .:. .. . ... . . .: .. : >... -..: .: ..:. .... : ....:. ::..:::P:~s..c.~~P.~_9.* ~::....:::: :..::.:.:.:..:.:.:. : :. "...: 2 Duplicate originals of Request for License Agreement .. !:.~~! .]r-~.<':: ~[:.,::~ ...-~~~~ ..l.''''\\i/l".',..~~L;, ..l',':):~ A~ ~ ~l"1l11 ~1 t1 ~. Vi] i ~J 200t:> ~: :..~ i ti~~. ~~.~ .t~};:~l~ ~:..~ i1} t;~ ~'~ 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 (. i. t \ 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 /~~~.. . .t-': t:... ... ('.':....'.. . 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: ~,".\\\l~HIHII1II/il By . ~ \\\' ~ li~~hl III ,.... . u. :vJ'~U!^ 1/.1 .....' :\....., *,Jt~~/ .::-....,' C~ ~;PonA ~ V//I"\?~ 6." ~ ..(j')~ ~ ~~ ~.., v ........ ~..... <:) ~ g~. ~ ~ ~ :: SEAL ~ "'P: & 2 ~ ~ ~C5 ..0 ~ ~;. -'0 ver 1S~ .. ~. ;f ...;, ~ d'\ ~ " .......... T 7 C ,"V,, ;/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)".,., ~..... \t-. .........~ <fA_ ~#, ~ 00 o.'~ ~ :Ill. eo ~ -:. : *' I NOT-1.b ~~:- .. "r: ~. .. 5 : ....... : : : \ ~ :: ~ (/). USL1C I * ~ ~~... .. $ ~~ ...y <),. 0.. ... ~ ~.,.-~ ....... 0 ~ ) .,.,.#..~ 0 F ID b.. ~ ,...~...". )S8. t.,..............,t1,t: 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/ ..,.....---.... -t1 '<}rt.l..L.;. !;7<(~ /f,>L N~ary Bhblic for +c{~ ho !~Sidi · g at IJ/?ridilJ~, J4.r./6t~ L~afA.v 1--1- *!Y.,. ommission Expires: C) tf/I...+d/A 7 STATE OF IDAHO LICENSE AGREEMENT - Page 6 ~ u ~ ~ ~ -l ij ~ 4 ( r H ~ ) I ij : ~ ) M .Le HEN E R I N V E ~ T M E NT ~ (" (FAX t.t1 ij ~ j J 0 J J J ~ (.... r. ~~~/~~J ~.J- ~'-~ ,.'- .. .. ~ . , .... Q ~ -: .t. 4 ~ 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 I ~ : 1] ItlCHENER I NVE~TMENTS (...... (FAX).J l~~ jjOJJ~~ g \ p~ ij~J/~~J ~ ~~" ~ . .... ,.. .. - to;.'}~. 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 ~ t.....I: ~ (1iaO:.:) (~t' 11II......,.. 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'@0 . _ Q ~~~r ""';< \1 -:. ... ~/ {~~ ~- ~~~~'IIb ~: ~"~ :~t,~ ~~ y..: ~ ~~~ ~...~ 'f:...~ ~.. "-: ..:~~.::. ~~~ ~ ~ ~ ~ << ~~ ~ : ~y~~:/ ..; ~ -::. ;/'~ ,"" , '" -~=:~ ~~} ,<{", \ ~"~~.;.'~ ~ ~ ~';" ; c:-' 3~ ~= F:~ J ~~ ~ ~++~ v '~~tvv>, >~~;~~ ;f~~~,~ ~~^~;:;:-, ~ ~ ~~ ~ ~-~~ -~ - - jf'~~~" ~ > .j~< ~~'.4 ,~~< ~ \~< '- ~..~,: : ~ < , ~~ · , ^/ /,' :\:'..' ~ >~, ,,' , " F. L0: ~~i -=-":: ~\ ~~ ~~!~ ~ .. ~~ !J..... t ~ ~ [p ~r~ ~~: WJ ~ cl ~:i- /~ =:<Y"~-<?= < ",.:2B8 ~ &-"$i Exhibit B ):. ( 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:. ; 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:--. .:. '~f"~ . \<. n.. .. (,. .: 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. ""... If"" ", 'I, ....,'.~O~:.~~ Up #~##~ ,- t\. ~....-. · -...o. "'#... . €,... .- . ~ ~ ~ .. p.,. R Y .. ~c:;;,,1 ~ ... (8r:41 ~o , : : · . ~,. v. · :, " :0: :.. .1\\'"". ~ : '\ ... p u ... ~ ~ 4*.. .. :<) .. ~.., e........ '\ ,.... "" 8"..4 TIj O"t ",Ie #1. ..... J:j ". II.".. ..."" i . \: . 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' ~~ A~ -. ~A-6'l~ ~.... 0 o1(\POR.4 h ~ y ~ ~ ~c: ~o ~ ~ ~ ~ ~ ~ ~ ~ = = - SEAL - ~ 1!,_ & 2 ~ V"Q ,OJ " ~~ \ 1'0 Us, 1Si t ~ ~ ~ ~ C:OU. d'\~ " 'l,/ - - ~ rrV ,\V~' ;/'/ N. .' \\\ IJt IiI/inn nt\\\ '\ \\\ 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 (~ ~. ( 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 .f -. ~. r:.. (' n.: \.~~....: . 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. r- 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 ( 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 ( 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 ('..... ~.--. c. 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 (. ...:-:.:..... . t.. 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 ( 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 ( 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 (_..~.. {"~. . (:. .. . 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 (<... (,m.. .:-=. 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 f~.. \. . 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 ~ ..: . C. I. (. 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 cr. (U .... 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 ( 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 {; ~ 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. -:It\- 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\~~ ~ 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 ( ( MOTION: ~/J APPROVED: tv DISAPPROVED: Attest: \\\\U 110111/11 \\\\ ~ M~ 111I ,\\\ "\. Or LoRIo. 1.1".1.: ...." ..~ ~ ~ ......' () opon - 1. $ cP" rt~~ f ~ <> SEAL ~. &- '-"t:') n; . ""--- '->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 ) ) ) ::.....:. :. .;. ...::/-- / ... ;.: .::..: .:.. .;:.:.:..:....::.:: ::./....::. i.:.:.....: ::...:.:.:::.....:.:.: ..:.: .:.:.::.. ...:. :.: i:.::.:: ..:. ..:... ;:::.::.:...:. .....: .:. : :... .:. ...: ...:.. -- ..... .. ...: :. .:... . . ..:: ... ..:.:...:. ..::. :.:......: :: --..\.:. ::. :. :: ..... .:. .....:.. : ..: . .:.... .. . 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 \' \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 { ...; 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. ... . ............~:. . ( . ~. .. . . \. .. 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.