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HomeMy WebLinkAbout2005-03-01 ( .. . .::, (. ... ...---:. . ... . . CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, March 1,2005 at 6:30 p~m. City Council Chambers 1. RolI~call Attendance: X Shaun Wardle X Christine Donnell o Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Area of Impact Request by Dan Wood: Discussed *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 - March 1 J 2005 . Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian~ Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting~ {'. ., ... . "- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 1, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle Christine Donnell I Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: Pf'Jrf/\e ~ 3. Area of Impact Request by Dan Wood: dtJcaJH~ · 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 - March 1, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (.~-..: ..: (:'.-..... . ... .... (.... /<:w.. .. . :..- . . . . ..:- .. .: March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO. 5-A REQUEST Approve Minutes of March 1,2005 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Inifials: Phone: Materials presented at public meetings shall become property of the City of Meridian. c (. Meridian City Pre-Council Meetina March 1 , 2005 The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on Tuesday, March 1, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Bill Nary, Anna Canning, Brad Watson and Will Berg. Item 1. Roll-call Attendance: Roll call. X Shaun Wardle o Charlie Rountree X Christine Donnell X Keith Bird Mayor Tammy de Weerd x Item 2. Adoption of the Agenda: Bird: Mr. President. Wardle: Mr. Bird. Bird: I move we adopt the agenda as noticed. Donnell: Second. Wardle: Irs been moved and seconded. All in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Area of Impact Request by Dan Wood: Wardle: Dan, if you would like to come up and - Wood: Thank you very much for letting me come up. I came up here about six months ago and told you what I was working on and so we don't have all that property. What I have done is gone around to a few of the bigger parcels there and asked them if they would be interested in signing the request and see if the city would start the initiative~ From my understanding, the city has to start it to what extend your area of impact. As you can see in that map~ you know the parcels - whether what we own or whether the neighbors own, which are Bev Ross's trust, abut the city's south impact line. Right now, Tuscany, some subdivisions to the north are really only about a half a mile away and the way growth is going, it sure seems you know there is going to be a lot of demand in this part of town. So, I really think the impact area is going to get really crunched (:'~... Meridian City Pre-Council Meeting March 1 J 2005 Page 2 of 10 here real soon. So, that is why we would much rather be in the City of Meridian and the family owners or the farmers that we (inaudible----) property (inaudible) that have had it for years and I think their wishes would be to see it go into Meridian too. As you can see to the east there, Boise is starting to crowd. I know their agreement with you guys is not to encroach any further there along there. But, that right there is a Boise - whife it is in Boise's impact area, it is a county subdivision and I am not sure how current - they might be doing a little bit more south of that- Canning: It goes all the way south. Wood: So, Boise has come that far and as far as I know that is as far as they are going. But, J talked with the Hill's, the McKays, the ground that we own and what you see theref as far as I know it is pretty accurate. There are a few small parcels there and I didn't even ask them. I just figured you would want to see the larger parcels, assuming if you move your impact areaf you would be moving it potentially all the way to Lake Hazel. So, right now our parcel has been approved for a non-farmf we can build 44 half acre to acre sites and what we are talking about doing that is down in our very south, east corner - excuse me, southwest - what we have got approved right now is right over in this portion right here. This isn't farm ground, this is a big hill. If you are all familiar with this, there is a ridge line that goes all along here and to get a non-farm approval you are encouraged not to use prime farm ground. So, we have designed a plan to be right on top of this hill with the main boulevard pretty much come along in here and coming up here and then leaving this all in farm ground until the city gets out there. We would much rather have the city come sooner rather than fater, but also with your impact area we have got to start somewhere~ The hills don't have any immediate plans, they just thought it made sense to ask why we were requesting it be included, realizing, from what I have been told it might take a little while to get that in place. Bird: Mr. President. Wardle: Mr. Bird. Bird: Danf what you are actually asking us to do, which we would have to probably do is take our impact area from Amity Road to Lake Hazel and go all the way across to Ten Mile where that is now, I believe, Black Cat or McDermott, maybe - we are just asking instead of just including that little chunk, right? That would be - Wood: Is that what you would have to do --? Bird: Well, that's what I think I would want to do - at least go to 69 from their city limits and that little - Mayor isn't that the one that we had - isn't that little one (. . Meridian City Pre-Council Meeting March 1 ~ 2005 Page 3 of 10 there the one that we had - that's actually isn't in Boise's area? That one right there? (. Donnell: It doesn't show that it is. De Weerd: I think it is. Bird: That's us, isn't it? Our actual area? De Weerd: It is our area, but we agreed with Boise to - that one piece. Bird: That's right, but it was in our area~ Yeah, I would think we would want to - okay, that's where it is at, over to Linder then. From Lake Hazel to Linder and from there- De Weerd: Whafs that bottom road? Donnell: Is that Lake Hazel? (Inaudible discussion -----------) Bird: That's the one he is showing. Wood: That's the one I am showing, Tammy) that's along the freight line there. Bird: See, we are already here, Tammy, on his red. See we are already there~ De Weerd: But, our sewer master plan goes clear to Amity - it goes beyond that, doesn't it Brad? Watson: Madame Mayor, I will try and not make it confusing. The master plan goes all the way to Columbia, east of Meridian Road and then goes north up Meridian road and then jogs around on the west side of that. De Weerd: Okay. Bird: Yes, actually a mile on South Lake Hazel. De Weerd: Mr. Chairman~ Wardle: Madame Mayor. De Weerd: I guess, Brad, for further discussion, this is along the Ten Mile trunk system and not the Black Cat. (y.. -. .. .'. ('.......... -=. . -.... : (y:-:,n. ...: (d.:... Meridjan City Pre-Council Meeting March 1 ~ 2005 Page 4 of 10 Watson: Well, Madame Mayor, Mr. President yes and no. I am trying not to make this confusing. This is an extension of the Ten Mile trunk. But, all of this upstream of essentially Victory Road will be diverted to the Black Cat trunk because there is not enough capacity in the Ten Mile trunk proper to take any of this stuff south, with the caveat of the memo I sent you tonight. There are 900 units in there, but when we are looking at this many acres, that's pretty small. De Weerd: Okay, but there are 900 units that have been used in our area of impact that we currently have. J mean, these 900 units are what is available period. W atso n: Co rfeet. De Weerd: Okay. At this time? Watson: As of today. I will even couch that a little bit more, that is based on preliminary plats that Council has approved to date. Not necessarily ones that are physically in the ground, houses that are physically built. Bird: Mr. President. Wardle: Mr. Bird. Bird: Brad, will this pick up over the Black Cat lift flow and pick up over there by Amity and - not Amity, but Victory and Meridian Road? Watson: Councifmember Bird, the Ten Mile trunk goes through this property and ends up going through Tuscany Lake Subdivision and Tuscany Village and then westward towards Meridian Road and ultimately Bear Creek. Donnell: Mr. President. Wardle: Ms~ Donnell. Donnell: Dan, why is this little piece not included or this little piece? What are you showing us there? Is that just the land that you - Wood: Basically, the ground that I am showing you there is the people that sign the request. I didn't approach the little ones - not saying that they wouldn't have] I just thought, okay, to show you the area that we were talking about. Councilman Bird, I guess it was just not clear, you know, when the city increases their impact area~ did they - they don't just do a little bit, you are saying take it potentially from Lake Hazel clear over to Linder? Bird: Mr. President. {.. .... . (... .... c... Meridian City Pre-Council Meeting March 1 t 2005 Page 5 of 10 Wardle: ML Bird. Bird: That's, Dan, that's my feeling is why - if not, we wifl be into the county every year or so asking to add this to it because it is you guys going and you know that once you start developing out there and we are not that far off, you know that But, once you start, the rest of those farms are going to want to start. I mean, you are going to go up by the Magerdios and just keep right on going. Wood: My understanding is that some of the parcels to the north of Amity right now are under contract, which would abut part of Tuscany and Messina Hills there, which means the sewer is potentially going to be to Amity here real soon. Bird: But, I would just as soon keep it as square and stuff as we can and at least then we can - Brad can plan his sewer service and stuff - Public Works can plan all that if we know that's in our area of impact. But, if we are just going to go ahead and piece meal at a time, like 430 acres at a time, we will be in front of the county all of the time~ Wood: But at least the letter started the talk. That's what it was for. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I guesst ~Dan, I know we have had this conversation, so I am sure you are expecting it of me, but there are two real problem areas right now and in offering any immediate planning for this area~ One is our road infrastructure and two is the capacity at our sewer treatment plant and untif the capacity is there at the sewer treatment plant, we have to accommodate for our existing area of impact because that is what we have committed to the county to focus on during that ten-year period. Once the capacity is increased and we have infrastructure plans as far as our traffic plans are better known, we can start planning for this area. We had a strategic planning meeting on Friday and talked about the area south of our area of impact and expanding the study, right now this is in a master sewer plan and so we are preparing to grow in that area and that would probably be more of a priority growth area than the area we will be studying~ But, we need to get to the property owners and to the county our plan for providing services in those areas because we do plan on servicing those areasl but we don't want any county approved developments to take away from our ability to take urban densities into those areas~ So, the easements are identified and those kinds of things as well. We will know better within the next couple of years how that can start opening up in terms of first getting the capacity at the sewer treatment plant and second what the plans are for improvements to the 1-84 corridor that hopefully will be supported through the Garvey Bonds and working with ACHD on the infrastructure there. Also, we are undergoing a study right now with the rest (< {.,.. . \ . Meridian City Pre-Council Meeting March 1 J 2005 Page 6 of 10 of the county with the Blueprint for Good Growth and looking how to better judge how we provide services and infrastructure improvements. Wood: Can I ask a question? De W eerd: Yau bet. Wood: My understanding of what Brad was saying is the Ten Mile has got a 1 fOOD hookups, but is the treatment - is the actual sewer system or treatment plant at capacity or --? De Weerd: We are nearing an area where we have commitments to those developments that we have already annexed and zoned for and the phasing of building out of those areas are coming a lot faster than anticipated, so yeah, we need to be careful that we don't exceed it before that expansion is in. Wood: Yeah, I didn't realize that there was capacity issue there. De Weerd: Well, there isnJt, but on paper there could be. Wardle: Well~ one of the things that I tend to agree with Mr. Bird in looking at our Comprehensive Map and the fact that it ends just a quarter mile south of AmitYt it logically would from a property owner point of view make sense to consider an area of impact expansion to another section mile road, which would be Lake Hazel and I think what the property owners, if I am understanding your request - you are requesting to be considered to be brought into the area of impact so that you could potentially begin annexation discussions with staff and then really talk about those sewer capacity issues at some point, but the first step is then to bring you into our area? Wood: My plan there is to at least initiate it because my understanding is that the city has initiate it with the county and it isnJt a short process and I know that. So, Mayor, also with the plans and realizing that this is going to take a whilet not only to get the county to approve it - I mean, at a minimum, if the county approved it, excuse me, the whole area would easily take over a year, if not, maybe two years. Which, hopefully by then you know some of your concerns would hopefully be in the process. From what I understand ACHD is hoping within the next couple of years to widen Eagle Road to at least Victory. Then within a few years after that opening to widen it clear to Amity also. So, that doesnft solve the big picture, which you are after, I understand. But, this was just in the hopes that at least starting the process and realizing that the city is not that far from - potentially the way that we are going, you know, the impact area will actually be - the city limits could actually be our north boundary here before we could even get the impact area extended, so we would actually abut the city limits, so J thought okay I had better at least approach this because there is only two property owners potentially between us and the city limits right now. ( :t... (~~.~. ... . \.".:... . .. Meridian City Pre-Council Meeting March 1, 2005 Page 7 of 10 Wardle: Anna, if J could ask a question as to what the process is to add pieces such as this and is it done in conjunction with other requests at the same time, not necessarily in this area, but other people that would like to be added to our impact area? Canning: Typically these are not only the properties as requested by a particular applicant, so in the past when Meridian did their comprehensive plan update in was it '89? The one previous to the 2002, they went to Ada County with a very large area of city expansion, which is the boundaries you see today and that was not at the request of each individual property owner, so it was just city staff that worked with the county to come to a mutually agreeable boundary for the area of city impact. The city had actually asked for a larger area, the county didn't feel comfortable giving it because they didn't think we could provide services within any reasonable timeframe~ They were kind of wrong on that one and so we have two referral areas. This property happens to be in a referral area, so the city takes it forward to the county and says, we would like to renegotiate our area of city impact~ Now, at that same time we can go with all sorts of other things if the city wants to. One of the things that the Mayor and I have talked about is going forward with portions of our subdivision code that would apply within the area of city impact as well. Did that answer your question? Wardle: It did. Was this one of the areas that the city originally asked for? Canning: Yest it wa_s. The other area fills out this corner, so our two referral areas are in this corner and then down here and it does go all the way down to Columbia actually, the referral area. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I guess as we discussed during our strategic planning meeting is that we want to take a look at - Brad will be bringing back a proposed scope of work to do a master plan for a sewer and the area between McDermott to our reference area or our referral area, that area that hasn't been mastered planned in addition to four square miles in the north - that would be separate, but as we look at that we need to involve the county - I will back up a little bit further~ Our Public Works Departments, Boise, Kuna, Nampa and Meridian all got together and talked about who could best service what areas. That area was kind of carved out as Meridian is best situated to serve it. SOt we need to now do the master planning for that. Second to that is when we went to the ULI, the Urban Land Institute presentation, we agree with them in that you have to look beyond your ten year commitments and your negotiation with the county when you negotiate your area of impact and show a 20 and 30 year plan. Our Public Works Department plans out at least 25 years and it would be important for not (/.-..:.... .. ( (,.:. ..:..: c..: . : Meridian City Pre-Council Meeting March 1, 2005 Page 8 of 10 only the county, the citYf but also the property owners to see how that all plans out so that they know what this wifl all look like. So, that is what our staff is looking at doing~ When we come back and add in these referral areas in addition to any comprehensive plan amendments, well we have to be able to comprehensive plan it too. Have you started looking at land use? But, that will need to be a component of any requests include this area~ J guess what we need to do is define what area we would most likely look to bring into that area of impact, give it timeframes, which the property owners are going to need to know and then as far as J can see, that this is a logical area to grow in next prior to a lot of the Black Cat expansion, but you know it's first we need to get our ducks in a row because the county has certain steps that they asked you to go through as well to in that amendment process~ I guess I would suggest having Brad and Anna sit down and lets work out a timeframe at least in what the steps are necessary in doing this. The information will need in cooperation with any of the developers or property owners in that area in developing an area of impact increase, work with the county and say how best you want us to start approaching this because we have already initiated one comprehensive plan changef we have another one in the works. This would be in addition to that, so we really need to work with our staffs and get an outline of how they want us to best do those. Okay, I am thinking out loud, so did any of that make any sense? Canning: Completely, matam. Wardle: I would agree, Madame Mayor, that we have a process that the staff is beginning to look into and certainly I would agree that this area that the property owners are requesting would make sense. I would like to see a timeframe from the staff - just a realistic timeframe for both our purposes as well as to relay that to the property owners and I assume that the property owners here would definitely be interested in helping to put together a comprehensive plan for that portion? Wood: Sure. Canning: President Wardle, if I might. Dan you may want to stick around for the regular Council meeting. There is an update on the North Meridian Area Plan and I am going through some timelines there and I would envision that we wouldn't start this one until after that onef but that will be something that I will ask them later, so you just might want to stick around. Wood: Can I ask one more question? Wardle: Sure. Wood: So, I might have to go to Anna. So, what might happen if like I had mentioned if the city, the actual city limits get to our north boundary sooner rather than later? Now we are contiguous~ we would request at that point to be ~ ~ . ~/.:..... ... ( .. ,( Meridian City Pre-Council Meeting March 1, 2005 Page 9 of 10 annexed and the city, I assume, there would obviously be more things to come into play, but at that point, the city I suppose could deny annexation due to the fact that it's not in your impact area? Or, what would happen then? Bird: We canJt annex. Wardle: Anna? Canning: President Wardle, our zoning ordinance actually right now says that we cannot annex unless in it's our area of city impact. SO, right now we could not. By the time that our city limits gets to this property that weJfI likely have a new zoning ordinance that will not have that same restriction, but as it stands right now, we cannot annex outside our area of city impact with - according with the zoning, not just according to our area of city impact agreement. The state code allows it, so we can change that in the zoning ordinance, but our own code does not allow it right now. Wardle: We have - is that in the code revisions? Canning: Yes. De Weerd: Mr. President. Wardle: Madame Mayor. - De Weerd: I guess, Mr. Wood, I think there seems to be a commitment from Council and the staff to start working with you, give you a better timeframe and so we appreciate you putting the wheels in motion and we had been talking about it. Wood: Thank you very much for your time. Wardle: With that, Council we have completed our agenda. Do J have a motion to adjourn? Donnell: So moved. Bird: Second. Wardle: It's been moved and seconded to adjourn. All in favor? ALL AYES. MOTION CARRIED. (..: ( Meridian City Pre-Council Meeting March 1, 2005 Page 1 0 of 1 0 (:.(.... (f. . MEETING ADJOURNED AT 6:55 P~M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTESTED: WilliAM G. BERG, J o J) '/J · ~ CITY OF r!L~~ .(11. erldltrn'~=;lr; ~."<-: \~ J l L\H( ) ~ j /. M f\ YOl~ 1~1 nl n\ y de \1\fee rd CITY COUNClL MEMBERS Wi lIianl L. M_ Nary Kei t]1 Bi r(i Clla rles M. I\Oll [1 tree Sllilll11 Ward Ie CI.rv DEPA[~TMENTS Fire 540 E. Frallkli11 Road 888-1234/ fax 895-0390 [)a rks & Recrea tiOll 1. I E. Bo \ver 5 It.ee l 888-3579/ fax 898-5501 Planning & Zoning 660 E. Water'to\ver La[le Sl~ i te 2()2 884-5533 / fil x 888-6854 IJ 0 lice 1401 E. Waterto\ver Lane 888-6678/ fax 846-7366 Pl!blic Warks 660 E~ WatertoV\'el- Lal1e Sll i te 200 898-5500 I fax 898-955.1 - Bu ild ing 660 E.. Watel.tower Lane Suite ].50 887-2211/ fax 887-1297 - Sewer (WWTP) 3401 N. Ten. Mile Road 888-2191/ fax 884~0744 - Water 2235 N. W4 8tll Street 888-5242/ fax 884-1159 ~ 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 Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, March 1, 2005 at 6:30 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 issue: -- Area of Impact Request by Dan Wood The public is welcome to attend the meeting. DATED this 25th day of February, 2005. crrv 1-lt\LL 33 Ef\S rr 10 f\ I-I 0 t\\/ EN U E WI ER 11) li\N 1 101\ I-I 0 83642 (208) R88-4433 C 1 rr'~ C L~ I.: R K w.1:/\ X 8 R R .42 ] R Ii U~[;\ ~~ r~ ~:S() lJ r~ C f:S -l~\ x 8 R 4.8 723 J;I ~ /\N (: L~ & l~or I L~I~r \~ l \ I L.loJ N G -- l'l\X 8R 7 -4813 ~I I". () r~ t S () I: I: J C I.:.... 1:/\:\ 884. R I ] 9 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 ** TX (..: .. ..RMAT I ON REPORT ** DATE TIME TO/FROM 02/25 16: 54 PUBL I C WORKS 02/25 16:55 8841159 02/25 16: 56 20888413744 02/25 16:57 POLICE DEPT 02/25 16=57 8985501 02/25 16:58 LIERARY 02/25 16:59 92083?76449 02/25 17: 130 3886924 02/25 17:01 P-AND-Z 02/25 17: 02 200 895 13390 02/25 17=03 128300e48 02/25 17: 04 208 387 6393 02/25 17:05 ADA CTV DEUELMT 02/25 17= 06 8885052 02/25 17:07 CHERRY LANE 02/25 17: 08 IDAHO ATHLET lee 02/25 17:09 1D PRESS TRIBUNE 02/25 17:11 2088886701 02/25 17:18 3818160 /~.... . . t.. l . AS OF FEB 25 '85 ..~.....; ~.18 PAGE. 01 MODE EC--S EC--S EC--S E:C--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S 63--5 EC--S EC--S EC--S EC--S CITY OF MERlDIAN MIN/SEC PGS 00~ 26J' 001 e0'26u 001 00t 25'. 001 00) 25" 001 00~26u 001 00) 30 n 001 00'24U 001 00'25n 001 013'26u 001 001 251~ 001 e0' 29u 001 00t2611 001 00)2SU 001 00'25" 001 00' 42 JJI 001 00~25u 001 ea) 25 u 001 00t2Su 001 ea.37"t 001 CMDJ:f 160 16e 160 160 160 160 160 160 160 160 16e 160 160 160 160 160 160 160 160 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- p l;z.u ~ rouA -fby Vub L/C. A,Jo-/-rte. - (/1tUlf(s~ :rt ;. ".~ ( tn tIt. ~~! - ~ e rldicrnJ~; -~~ ~i 11),\11(' j/ -r ~. · \, ~ .'. ~_.... "'_~' n. ~p>1_" ot ~ t ~:~ M;\ VOlt 1:1'1\ In y ~1 c WC~ L.d (~I'+Y CUUNCJl MEMB ERS Williillll L~ M- Nt! ry K~~i tl1 r3i r1J C!'3rlcs M ~ R(lU 11 tr,"l- ~1~,..nJn Wardle C1TV CErA Rl-M~N.r~ Fir~ 540 I~r ftr~ n kJi n (\.o(\d 888-1234/ fox 895.{1390 1) n r k~ &. Rec r,~a lion 11 c - BlltVCr Sf r~l![ 88$..1~7t) I fax 89S.550.1 J ~Itlnn irrg & 7.Clni "~~ (,60 E. W a t~rtl'W(~r I.an~ SuiL~ 202 S8tl~55331 fax HHH.(\HS4 Pol iet. 1401 t:. Wa lcrtower lC1ne S68-667.H1 rax 846-73GG J'u bJic Works 660 E. W at~rto\vcr l..J nL~ Slli te 200 898-550D/ fllX ~98-9S5.1 - Bu i Jding 660 c. \:Y.., rertower l(lne 5u i b::: 150 ~87-22111 f~J( 8Siw 1 :!97 - S~,v~r (W Wi P) 3401 N. Ten Mile Ruau 888.2191 / fax. 88~...0744 · W^tpr 2235 N~ W~ 8th Str~*'t 888-52421 fax KH4..1159 NOTICE OF PRE-GOUNCll MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian win hotd a P re-Councir Meetjng at City Council Chambersl Meridian City HatJt 33 East Idaho Avenu9t Meridian, Idaho. on TuesdaYJ March 1, 2005 at 6:30 P.M~ The Merjdian City Council win be discussing agenda items which are on the regular scheduled City Council meeting as wen as the foUowtng issue: - Area of Impact Request by Dan Wood The public is wetcome to attend the meeting. DATED this 25th day of February. 2005. CiTY HALL 33 EAST IDAHO AVENUE tlr\: l ~1.1~!tK'" [~\x ARB .~12 t R J 1l~\1.'~ {{~Slll ~HCtS -17\~ ~1,.~~l-R 723 ~1 ERr 0 I AN, J OA ~l 0 R3G4r 2 FH't\NCH " ltlUJ f'~ rULtI4~(j ...,l\\: -"H 7 -~A ~ 3 (lOR) RR8-4433 .\11\' '() ~," S t}F F~C.~!': -. J ~ ~ H R 4 ..0 ~ l~) i. . - .. ~~ ~tC~.) . ~, ^ "'~,""<1' !i?~".~ 0/ /i{t , i~~~~~~~J.)!;;~ CITY OF ~.~:~11f't".Ir~. ~r < 1~-. T~F ~\, erldldn ~,~? .~.t~, JD.i\HO )~ / (/ t~ MAYOR Talum y de Weerd CITY COUNCIL MEMBERS William L. M. Nary Kei tll Bird Charles M. Rountree Shall11 Wardle CITY DEPARTMENTS Fire 540 .E. Fl~al1klin Road 888-1234 / fax 895-0390 Pa r ks & Recrea tion 11 E. Bo\\reI. Stt.eet 888-3579 / fax 898-5501 Planning & Zoning 660 E. W a tel~tO\VeI. Lal1e SlIite 202 884-5533/ fax 888-6854 Police 1401 .E. WatertolA'er Lal1e 888-6678/ fax 846-7366 I)llblic W o.rl<s 660 E. Watertoy\rel. Lal1c Sllite 200 898-5500 / fax 898-9551 - Building 660 E4 WateI'tower Lalle Sllite 150 887-22111 fax 887-1297 - Sewer (WWTP) 3401 N~ Tell Mile Road 888-2191/ fax 884-0744 - Water 2235 N. w~ 8t11 St.reet 888-5242/ fax 884-11.59 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 Council Chambers, Meridian City Hall, 33 East Idaho Avenuel Meridian! Idaho, on Tuesday, March 1, 2005 at 6:30 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 issue: -- Area of Impact Request by Dan Wood The public is welcome to attend the meeting~ DATED this 25th day of February, 2005~ .~~~p;\:t:~!~i:;~.~~~~L~ '~~f {:.m.:'"' .I''::l;~.~~..~l'~ ~,~;:, .'~~):~;~''- :~ .'.~~~ tt~~~ .~t~d. -f""'4 . ~ . ~."- .~ ~FOit.1. ~~,:~J.?f. ~:ti.~ ~ l f:t.. ~~~ ~; LLIAM G~ BERG, ~R€- 1 ~; ,...~: ..rr 1s:r J" . ~:gf ..d~ · ~~" "f~!. ~it::~~;~ - ~~~ _f'~.'.~.~ :,y!f... .\.~~~.. J.1~~~. ~. {!:ff. ~~ ~tt;;~:;::~;.~;. r:~.' crrv HALL 33 Ef\ST IDAHO /\\'ENUE rvlERIDlf\N, IDf\HO 83642 (208) 888-4433 CITY CLEHK - E\X 888-421 R HUMAN RESOURCES - E\X 884-8723 FlNANCE & UTI LlTY BILLJNG - E\X 88 7 -48 ] 3 ~1t\YOR lS OFFICE- E\X 884-8 jIg ( /"" . f . t-=. ..~. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 1,2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell o Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop 80 3. Community Invocation by Craig Flinn, with Meridian Alliance Church: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: Approve A. Tabled- from February 22, 2005: Aareement of Inspection Service with Rich Greene: Approve B. Approve Minutes of February 1, 2005 Pre-Council Meeting: Approve ell Correction to the Permanent and Temporary Easement Contract for the North Slouah Sanitary Sewer Proiect: Approve D. Sewer Service Contract for the North Slouah Sanitary Sewer Proiect: Approve E. Award of Bid for North Slouah Trunk Line to Sommer Construction: Approve F. Award of Bid for WWTP Generator Buildina Construction Contract to Challenger Companies: Approve G. Agreement with Custom Electric for the WWTP Expansion Date Collection: Approve Meridian City Council Agenda - March 1, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommOdation for disabi lities related to documents and/or hearing Please contact the City Clerk'S Office at 888-4433 at least 48 hours prior to the PUbliC meeting, /~ ( H. Waterline Easement Aareement with Burke P II Jones, John B. Ferguson, Idaho Holdings, LLC for Victory Road: Approve I. License AQreement with ACHD for Well 1 0 Flushin~ Station: Approve J. License Aareement with Nampa Meridian IrriQation District for Flush Lines: Approve K. Development Agreement: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for EQuitv Benefits by Equity Benefits, LLC - 2540 East Franklin Road: Approve L. Approve Bills: Approve 6. Department Reports: A. Planning and Zoning Department - Anna Canning 1. Update Concerning the Area of Impact Letter from the Ada County Commissioners: Discussed 2. Update on Comprehensive Plan Amendment for the North Meridian Area: Discussed B. Parks and Recreation Department - Doug Strong 1. Discussion of Meridian Parks & Recreation Properties Namina Policv: Discussed 2. Discussion of Adventure Island Plavaround Rules: Discussed 7. ' (Items Moved from Consent Agenda) none t'Although the City of Meridian no longer requires sworn testimony, al/ presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. JJ 8. Continued Public Hearing from February 15, 2005: AZ 04-034 Request for Annexation and Zoning of 19a63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Prepare Findings of Fact and Conclusions of Law for Approval 9. Continued Public Hearing from February 15, 2005: PP 04-043 Request for Preliminary. Plat approval for 98 building lots and 27 common lots on Meridian City Council Agenda - March 1, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accOmmOdation for disabiHties related to documents and/or hearing Please contact the City Clerk'S Office at 888-4433 at least 48 hours prior to the PUbliC meeting. c.......... . 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Prepare Findings of Fact and Conclusions of Law for Approval 10. Continued Public Hearing from February 15, 2005: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Prepare Findings of Fact and Co~clusions of Law for Approval 11. Public Hearing: AZ 04-035 Request for Annexation and Zoning of 5.01 acres from RUT to R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: PP 04M045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other lots on 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: VAR 05-004 Request for a Variance for block lengths from the required 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PFP 04-008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision by Bergey Land Surveying - SWC of East Pine Avenue and North Nola Road: Continue Public Hearing to March 15, 2005 15. Public Hearing: CUP 04-053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a L-O zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: Prepare Findings of Fact and Conclusions of Law for Approval 16.. Water, Sewer, & Trash Delinquencies: Approve 17. Ordinance No. 05M1134: AZ 04~001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for Equitv Benefits by Equity Benefits, LLC - 2540 East Franklin Road: Approve Meridian City CouncH Agenda - March 1 ~ 2005 Page 3 of 4 All nlaterials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accOmmOdation for disabilities related to documents and/or hearing Please contact the City Clerkts Office at 888-4433 at least 48 hours prior to the PUbliC meeting. (""" "". /~. . (:"" ". CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 1, 2005 at 7:00 p.m. City Council Chambers 1" Roll-call Attendance: X Shaun Wardle Christine Donnell o Charlie Rountree Keith Bird X Mayor Tammy e Weerd 2. Pledge of Allegiance: /!:nJr Jhte;r Po 3. Community Invocation by Craig Flinn, with Meridian Alliance Church: 4. Adoption of the Agenda: ~ 5. Consent Agenda: ~V'f-;' A. Tabled from February 22, 2005: Aareement of Inspection Service with Rich Greene: appJ'Pl^<- B. Approve Minutes of February 1, 2005 Pre-Council Meeting: ~~ CIi Correction to the Permanent and Temporary Easement Contract for the North Slouah Sanitary Sewer Proiect: WfP~ D. Sewer Service Contract for the North Slouah Sanitary Sewer Proiect: ~&rJI- E. Award of Bid for North Slouah Trunk Line to Sommer Construction: apprt;'~ F. Award of Bid for WWTP Generator Buildina Construction Contract to Challenger Companies: ~rt'f"<-; G. Agreement with Custom Electric for the WWTP Expansion Date Collection: ~/rvvU../ H. Waterline Easement Aareement with Burke P. Jones, John BII Ferguson, Idaho Holdings, LLC for Victory Road: ~.~ Meridian City Council Agenda .- March 1 ~ 2005 Page 1 of3 All matelials presented at PUblic Ineetings shall become property orthe City Of Meridian. AnYOne dcshing accolutnodation for disabilities relnted to docmncnts and/or hearing Please contact the Cily Clerk~s Office at 888-4433 alleasl 48 hOUrs prior to the pubHc tnecling. (.. .:i ( t License Aareement with ACHD for Well 10 Flushina Station: ~~ J. License Aareement with Nam~a Meridian Irriaation District for Flush Lines: a~lI~ K. Development Agreement: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for EQuitv Benefits by Equity Benefits, LLC - 2540 East Franklin Road: ~~ L. Approve Bills: ~~ 6. Department Reports: A. Planning and Zoning Department - Anna Canning 1. Update Concerning the Area of Impact letter from the Ada County Commissioners: IfItl'rvu..}" kd-. 2. Update on Comprehensive Plan Amendment for the North Meridian Area: d/.{ C<<.-rfS-e v(" B. Parks and Recreation Department - Doug Strong 1. Discussion of Meridian Parks & Recreation Properties Namina Policv: ?t/;ratJJ~ 211 Discussion of Adventure Island Plavaround Rules: drCaJd~&(, I14J IU- 7. (Items Moved from Consent Agenda) {~/though the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter~ 11 8. Continued Public Hearing from February 15, 2005: AZ 04-034 Request for Annexation and Zoning of 19~63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: pre,pNLe .p/~~(//~ ~~f~~ 9. Continued Public Hearing from February 15, 2005: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-B zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road:;?repWl.t: F/~1 e/I fly-a"llr{)v~ 1 o. Continued Public Hearing from February 15, 2005: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a Me.idian City Council Agenda - March 1 ~ 2005 Page 2 of3 AU 11laterials presented at PUbliC meetings Shall become propcl1y Of the City ofMcddian. AnYOne deSiring accolnlnodation for disabilities related to dOCluncnts and/or healing Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the PUbliC meeting. "' ..: .. . {O-;. f\. residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road:'nPf~ ~/~ f (/1 ~ fly e:r~V'~ 11. Public Hearing: AZ 04-035 Request for Annexation and Zoning of 5~01 acres from RUT to R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: jJl'.epiVU-/lflol< IV-ra.;;rv~ 12. Public Heari ng: P P 04-045 Req uest fo r Pre lirn i nary Plat app rova I of 12 single-family residential building lots and 3 other lots on 4~56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Ir.eIWLl :;/1;/ fi//4 fW-~v~ 13. Public Hearing: VAR 05-004 Request for a Variance for block lengths from the required 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: I'/'/~ ..,tJ/t:-;&U I1rr ~~ 14. Public Hearing: PFP 04-008 Request for Preliminary/Final Plat approval for 4 buifding Jots on 8~02 acres in an I-L zone for Nola Subdivision by Bergey Land Surveying - SWC of East Pine Avenue and North Nola Road: (~IJn~ ;JIlt. fo /Jttv&.c/L /5-t!- 15. Public Hearing: CUP 04-053 Request for a Conditional Use Permit for a Planned Development for a clinic / office in a L-Q zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road~and east of North Eagle Road: I'~~ //f-( V'/~ ~ ~f'r\?~ 16. Water, Sewer, & Trash Delinquencies: ~~v<- 17. Ordinance No. tJl ~ -- 1/3 f- AZ 04-001 Request for Annexation and Zoning of ~5 acres from RUT to C-G zones for Eauitv Benefits by Equity Benefits, LLC - 2540 East Franklin Road: ~;;pn V'<-' Meridian City Council Agenda - March 1.2005 Page 3 of3 All matclials presented at PUbliC lueclings shall bccOlne property Of the City ofMclidian. Anyo ne deSiring accol1l1nod3tion for d isabi lities related to dOCUlncnts and/or heari ng Please contact the City Clerk'S Office al 888-4433 at least 48 hours pJior to lhe PUbliC meeting, (- ( March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of March 1, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( /"" (... Meridian City Council Meetina March 1 ~ 2005. The regular meeting of the Meridian City Council was called to order at 7:07 P~M~, Tuesday, March 1,2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, and Christine Donnell. Members Absent: Charlie Rountree. Others Present: Ted Baird, Will Berg, Brad Watson, Bill Musser, Anna Canningf Kenny Bowers, Doug Strong and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: Okay~ I will go ahead and open the regular City Council meeting. Welcome you all. It is Tuesday, March 1 st~ It's 7:07 and I will start tonight's meeting with roll-call attendance. Item 2: Pledge of_Allegiance: De Weerd: Thank you. Item No~ 2 is our pledge of allegiance and we are very privileged to be led in the pledge by Troop 80 and, Cameron, I will turn it over to you. Please rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Craig Flinn, with Meridian Alliance Church: De Weerd: Thank you so much, boys, for leading us in the pledge. Okay. Item No~ 3 is our community invocation. We will be led tonight by Craig Flinn with the Meridian Alliance Church~ If you will, pleasef all join us in the community invocation or take this as opportunity for a moment of silence. Flinn: Heavenly Father, we come before you tonight and we acknowledge you as God, the authority in the universe, and we acknowledge that you are the one who appoints us to different positions, whether that be a father, a friend, a spouse, or a leader in the community~ God, we want to honor you tonight and thank you for this leadership team before me for this city and we pray, God, you give them a great sense of your direction tonight, that you give them wisdom and insight into each of the matters that they consider before them~ God, whether that's the growth of our city, whether thatls the Meridian City Council March 1, 2005 Page 2 of 32 ( issues of traffic or planning and zoning or water or sewer or new neighborhoods, where we acknowledge that the city's growing fast and these folks need great insight and wisdom and even revelation from you for decisions. Lord, we want to take a moment and pray for the families of the city, that you would create strong family units, dads who take their responsibility as leaders seriously to lead their families, moms and dads, who respect and love each other and children would honor their parents. We pray for the children and youth in our city, Lord, that this would be a safe place for them to discover and grow and we think of these young people behind us, God, as just one gathering of young people. We pray for all the gatherings, whether that's a public school or a scout troop or a youth group in a church, Lord, that children and youth would find esteem and respect and love whether they are in an Albertson's, a church foyer, or a Starbucks and, God, we just pra'y that this would be a place where children and youth would grow strong and we honor you and thank you for this evening in Jesus. name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Good timely reminders. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This agenda looks awful good. We got -- we do have -- and we will come back when we go before it, but Item 13 should be 12 and 12 should be 13. We should be -- the va ria n ce s hou Id be ~ passed before on Kia math Bas i n f but oth er th an th at, I wo u I d move that we adopt the revised agenda. Wardle: Second. De Weerd: Okay. The motion is to adopt the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Tabled from February 22, 2005: Aareement of Inspection Service with Rich Greene: B. Approve Minutes of February 1, 2005 Pre-Council Meeting: c. Correction to the Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer Proiect: D. Sewer Service Contract for the North SloUQh Sanitary Sewer Proiect: Meridian City Council March 1 ~ 2005 Page 3 of 32 ( E. Award of Bid for North Slouah Trunk Line to Sommer Constru cti on: F. Award of Bid for WWTP Generator Buildina Construction Contract to Challenger Companies: G. Agreement with Custom Electric for the WWTP Expansion Date Collection: H. Waterline Easement Agreement with Burke P.. Jones, John B. Ferguson, Idaho Holdings, LLC for Victory Road: I. License Aareement with ACHD for Well 10 Flushina Station: J. License Aareement with Nampa Meridian Irriaation District for Flush Lines: K. Development Agreement: AZ 04-001 Request for Annexation and Zoning of ~5 acres from RUT to C-G zones for Equity Benefits by Equity Benefits, LLC - 2540 East Franklin Road: L. Approve Bills: De Weerd: Okay~ Item No~ 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: I would move that we approve the Consent Agenda and that all agreements, contracts, all proper papers be on file with the City Clerk before any payment is made on any of them and for the Mayor and the Clerk to sign on all proper papers. Wardle: Second. De Weerd: Thank you. The motion is to approve the Consent Agenda. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea~ MOTION CARRIED: THREE AYES~ ONE ABSENT. Item 6: Department Reports: A. Planning and Zoning Department - Anna Canning ( ; t: Merjdian City Cou ncil March 1 J 2005 Page 4 of 32 1. Update Concerning the Area of Impact Letter from the Ada County Commissioners: De Weerd: Thank you. Item No.6 are Department Reports. We will start with the Planning and Zoning Department. Anna. Canning: Madam Mayor, Members of the Council, the first item on the agenda is the renegotiation with Ada County on the area of city impact and you should have in your records a letter from Ada County to the Mayor that was handed out a couple weeks ago. If you don1t, ifs okay, I will read the pertinent parts to you, so have no feaL The first item they talk about -- they list a number of things that Meridian needs to follow up on and the first is that we -- theyld like to know how meetings with the city of Eagle are going regarding negotiation of that area~ We have not talked to the city of Eagle. Our understanding is that they are contesting that area with the county currently, so they are, obviously, interested in still having that in their area of city impact~ We haven't put a high priority on this particular item yet and 1111 let you know what our priority is. Itrs about -- ifs, really, the Comprehensive Plan and as we go through the discussion I will talk about that at great length. The second item that they say is that we were supposed to survey the affected neighbors and lid like to know your recollections of the meeting regarding that, because as I walked away from that -- they do not have verbatim minutes to go check, but my recollection was that either the county was going to do that or the Carnahans were going to survey the affected neighbors, not us. SOt if you'd like for me to provide a response letter to this memo on that item, I would be happy to do that, but it1s their application, ies their noticing requirementst it would be their opportunity to contact the public. It's their citizens~ It isn't -- they aren't Meridian citizens at this po i nt. De Weerd: Anna, J guess I would make insert that the Comprehensive Plan has to come first. You know, even before the neighborhoods can be approached, they need to know what's being planned out there, so -- Canning: That's where 11m headed~ De Weerd: -- we don't get the cart before the horse. Also, in that meeting the majority property owners in that area that have expressed desire to come into our area of impact, are the ones who volunteered to go and talk to the property owners, but, again, I think that we need to have a plan before those efforts are made. So, I'm sorry for the interruption, Annal but -- Canning: That just makes my segway to the third point, which is that they have asked for an approved and updated Comprehensive Plan Amendment and that is exactly what I was going to say, is to me this is where it starts~ There is no sense in talking to anybody until we know what that area is going to look like, what we are proposing on both sides of Chinden, in all honesty~ My second department report is on an update on the scope for the North Meridian Area Plan and it would include this area. So, until we Meridian City Cou nci I March 1 ~ 2005 Page 5 of 32 ( know what we are doing here, to me, that really is the starting point. The Carnahans had anticipated that they would turn in kind of a concept plan of what they wanted to do to us shortly after that meeting that you all had with Ada County~ They are still working on that~ We have not seen anything to date~ 80r regardless of what they are going to turn in, we are going to move forward on the North Meridian Area Plan, but we do -- we are talking with them, they know that we still need that, that we will try and impress upon them some of the timing issues that we are looking at. The fourth item regarding trade and use, geographic features, we will work on those as we get nearer to having all the answers that Ada County needs. Those are specific reference to the state statute regarding some of these items. I think the Mayor earlier today -- tonight mentioned the ULI report and the need to do 30 year plans~ Our Comprehensive Plan is not a ten-year document, yet the area of city impact statutes draw lines that are five to ten years~ So, I think we do need to start working with Ada County staff just on the issue of where do we draw these lines and I think that the discussion for all of the area of impacts will be good in finding some mechanism to draw more than one line that -- to denote where the city wants to grow and what they want to plan fOL So, we will start those kind of discussions immediately~ But we will gather the geographic trade areas and all the other requirements~ They also wanted a wastewater plan, a water plan, and the land use map~ So, those are the technical documents that will result from the land use issues that we resolve with the North Meridian Area Plan. So, just a quick assessment of that~ My next department report goes into the camp plan issue in much greater detail, but if there is -- just regarding this letter that was sent from Ada County, I think that I'll do a response letter saying that, you know, we didn1t see it as our responsibility to notify the affected neighbors, but -- and that we are working on the Comprehensive Plan and I will certainly try and bring in Mark Pecchenino from the county as one of the interested stake holders in that No~rth Meridian Area Plan. I think it would be very helpful to have him there participating in that discussion with us. So, J will have Brad include him on that -- those discussions~ I think that will help. De Weerd: I guess, Anna, lId like to see a draft of that letter~ Canning: Oh, of course. De Weerd: And make sure that -- just to state or emphasize that, you know, we feel that the Comprehensive Plan needs to -- or Comprehensive Plan recommendations need to come first before property owners are approached and that we haven't approached the city of Eagle because of their actions in front of the county at this point, that we felt it was not appropriate until that is resolved. Canning: And Mayor and Council, that would be a question -- ( will draft a letter.. Do you want it from just the Mayor or do you want it from the Mayor and Council? Donnell: Mayor and Council. Bird: Mayor and Council. Meridjan City Coun erf March 1, 2005 Page 6 of 32 (/ \ De Weerd: Uh-huh~ We can sign it at our next week1s meeting~ But get the draft out, so they have an opportunity to comment. Canning: Okay. De Weerd: Okay~ Thanks. 2. Update on Comprehensive Plan Amendment for the North Meridian Area: Canning: All right~ The second one -- Brad prepared, as always, a very detailed memo for you. I believe that it would have just been handed out~ It says Comprehensive Plan Amendment up at the top~ And 11m going to take a little time to go through this, just because I think ies important that you understand what has gone on since we -- since we left the North Meridian Area Plan in its former life and form and where we were headed with it~ I will just go through briefly what happened. As you know, they did withdraw their application in May of '03 and it was just kind of dropped, the stake holders at that point were not meeting on a regular basis, so there was no final stake holder meeting~ We started up about a year later trying to work with ACHD on a lot of the intersection improvements, trying to identify the -- what the most critical ones were and, then, trying to identify a mechanism for funding those~ As a result of those meetings, ACHD has changed their CIP to include specific intersections. So, that was a good result of those meetings, is that they do identify key intersections and we are working with them to include those more in analysist so ifs not just the roadway sections, but also specific intersections~ On the second page -- these are kind of key. OUf assumptions going -into this Comprehensive Plan amendment are that it will be a city initiated land use map, such as we have been talking about in both the last discussions and that we also integrate the blueprints for good growth or Communities in Motion preferred growth scenario into those land use principals. So, we will be looking at what they come up with as far as the kinds of land uses and they are just doing them by traffic analysis zones, so these aren1t micro managing parcels, they are trying to identify exactly whafs going on on each parcel, but they give their kind of general bubble diagram, so to speak, of how land use will be organized in those growth scenarios~ So, we will be looking at those total numbers, maybe shifting things, but, you know, just using that as one of the comparisons to start with. The other one we will do our own Comprehensive Plan~ The third one will be the North Meridian Area Plan as it was previously proposed. There seems to be broad consensus that the Comprehensive Plan amendment should include a detailed transportation component for that north Meridian area that addresses traffic circulation and patterns for that and, then, transit corridors and funding and phasing of roadways and intersections and, again, we have been working on with ACHD on some of those issuest but we will work on them more and further refine them in that North Meridian Plan. And, again, there are some limitations with the ACHD regarding updating their traffic analysis and their traffic projections~ We are just going to work with what we have got now, which is -- will be in effect until about 2006 when they update their model. They are willing to increase the densities for the north Meridian area in their traffic model, which should help us justify Meridian City Council Ma rch 1 t 2005 Page 7 of 32 spending more money in the north Meridian area of impact as they collect those impact fees. The plan will not be proposing any extraordinary impact fee, because -- and these are, again, just assumptions, so if these are wrong, you need to let me know~ It is kind of what this is about. But the development community has been opposed to any extraordinary impact fees} so we are not moving toward that direction~ Targeted any section improvements should be the first construction priority and it is assumed that ACHD and ITD are funding their improvement plans the way that they currently -- that there is not a shift -- a paradigm shift in how they are funded, they will just continue the way they are now~ So, those are our basic assumptions. The new scope for that Comprehensive Plan amendment would be to extend the geography, so that it includes the original ten-mile square areal plus the four square miles north of Chinden and west of McDermott~ So, those are four square miles that had not previously been in our area of city impact to the west, across from the Star area city impact~ And that it also would include approximately the two square miles north of Chinden that are the subject of the Carnahan area of city impact request. For public involvement, we will draft both text and map amendments and take those forward to stake holders and to public open house with press releases and public hearings. And that's a brief synopsis. Brad has it detailed -- Mr. Hawkins-Clark, excuse me, has it detailed on the third page. You will see a time line there~ And we are trying to get these done. The Planning and Zoning Commission has recommended a Comprehensive Plan amendment to you, you will be seeing that soon, that keys up the ability for them to make another recommendation to you for six months, but we are targeting the time line to coincide with the end of those six months when they can do another Comprehensive Plan amendment. So, we are looking at getting it to you in late June~ It's an ambitious schedule, there is no doubt about it, but this is just a Comprehensive Plan amendment and, then, all the other documents that rely on that will go forward. But we need to get this resolved, we know that. There is just -- there is a lot of issues that are starting to come up in the pre-apps we see, but as these lands -- particularly closer to Chinden start coming in, we don1t know how to advise people, because we don1t really understand where we want to go in that area. So, we need to get this resolved. De Weerd: Okay. Anna, part of this planning process I will assume includes the discussion we had a couple weeks ago on a transportation plan or-- Canning: It does include the discussion of transit corridors. We -- J asked Charles Trainer to come in when Brad and I are meeting with him -- 11m sorry, Mr. Hawkins-Clark, just to distinguish from the man sitting here -- he and I are meeting with Charles next Monday to get a better idea of how -- what a mobility study is, what we need to do, who we need to hire, how we need to integrate it with the Comprehensive Plan, which comes first, chicken or egg -- all those kinds of questions~ So, I may have a better answer for you next week, if you would like another department report next week, I can get a memo to you. But we don't quite understand how to integrate those yet, but we are meeting with Charles and, hopefully, he will be able to give us more information and a better idea of how we are going to do that. Meridia n Cj ty Counci I March 1, 2005 Page 8 of 32 .<'" ( De Weerd: I think it would be appropriate to have that report, then, since we are signing a letter to the county we will have you on the agenda anyway. Canning: Okay. Wardle: Madam Mayor? De Weerd: Mr~ Wardle. Wardle: And just a piece of that, Anna, I understand that the mobility study and some of the things that Communities in Motion are putting out, include pedestrian, as well as bicycle access and we still have an opportunity within this area to integrate kind of our parks master plan within the pathways development, so certainly something that I see directly that land acquisition and neighborhood parks are in here, but pathways should certainly be a consideration. Canning: So noted. De Weerd: Okay~ Thank you. Any other comments? Okay. Thank you, Anna. B. Parks and Recreation Department - Doug Strong 1. Discussion of Meridian Parks & Recreation Properties Namina Policv: De Weerd: OUf next department report is from the parks department. Doug Strong~ Strong: Thank you, Madam Mayor, Members of the Council. In the February Parks and Recreation Commission meeting there were two items that the commission reviewed and passed to bring forward to Council and that's what we will be discussing tonight. The first item is the Meridian Parks and Recreation naming policy. This effort started out as an ordinance. Through legal advice, we changed it to a policy, so that changes could be made by resolution without going through an ordinance process that would require changes in Idaho Code and so forth. So, what the policy establishes is purpose, the policy for naming, and the criteria for naming parks and portions of parks, which is important, because of some interest in creating names for fields for fund raisingt such as future soccer complexes or baseball complexes, where you could sell field names for a year or whatever and name that field as a fund raising effort. So, the policy deals with both permanent naming and temporary naming of both parks and portions of parks~ If that's clear? De Weerd: Temporary naming? Strong: Yes. De Weerd: That would be confusing. Meridia n Cj ty Counci I March 1, 2005 Page 9 of 32 ( Strong: It would be temporary naming of a field for a park or depending on the continued contribution, fund raising efforts, it would be permanent. Wardle: Madam Mayor, just to clarify. One of the things that a group, such as PAL soccer, had looked at was when they set their fields up for the fall and spring season, to have those fields named after a specific donor and that would -- that's temporary in nature season to season, I think. Is that correct, Doug? De Weerd: Well, that makes more sense than an permanent structure that you would be going to the same field that would be named different each year~ That would be interesting. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we get off that, that is -- that's not -- that's naming a field, not a park. Strong: Thafs right. Bird: And we do the same thing at the Optimist football fields~ For a thousand you can have a permanent field. Donnell: Madam Mayo~? De Weerd: Mrs. DonnelL Donnell: Mr. Strong, just as I was reading through this -- and I think that ifs good that we have policies that will guide us in our naming of parks. Just on the fifth bullet on the second page it looks as if, perhaps, ies just been left out. It says the City Council may consider a change if an objection after the selection -- I think it probably was left out. If an objection is made after the selection. That would clear that up. Do you see where that is? Other than that, I thought that they have really tried to address just about every possible issue that may come forward in the naming of parks. Good job. Strong: Madam Mayor, Members of the Council, just as a point of clarification, any -- or the Council will certainly have authority to accept or reject any of the names brought forward from recommendations from the commission. And, additionally, all decisions for permanent naming of parks will be left with the Council and there is also a clause in here that is related to -- in the interest in changing the name of the park, that that could be addressed as well. So, there was an attempt to kind of cover all the bases and leave the policy somewhat flexible for any kind of events that may occur in the future that would necessitate a change. I'll let counsel take over. Meridian City Coun eil March 1, 2005 Page 10 of 32 I/O \ Baird: There was a question at the top of page three with regard to the temporary naming and that is jf the Council does want to have the final authority in naming temporary facilities, we can arrange it so that recommendations come to you from the Park and Recreation Commission. As written, they would make the final decision, but you would see it in resolution form, giving you the opportunity, as written, to send it back if you don't like it. So, I guess what legal is looking for is some direction. We'd like to know if you want us to bring this back to you in resolution form to approve the policy and any changes to it, adjustments that you'd like to have made. I will take some notes tonight. De Weerd ML Wardle. Wardle: Madam Mayor, let me clarify. Youfre talking about bringing just that specific portion of the temporary naming back or this entire -- entire policy as a resolution? Baird: Well, first of all, to institute the policy recommendation is that you adopt it with a resal ution . Wardle: Okay. Baird: So, if you have some adjustments that you1d like to have made to it, 1111 take notes on those tonight, so when it comes back to you in final form with the resolution, you will have it the way you want it. The additional question that's within that for you has to do with the temporary facility naming. Unlike permanent park names that would come to you as a re~ommendation when you would make the final decision, the temporary facility, the way this is drafted, as I understand it from reading what Mr. Nary wrote, is that the parks commission would make the final decision, but you would approve that or ratify it, basically, with a resolution. Wardle: Madam Mayor, a follow up to that would be my preference in that respect would be to allow the parks commission to make those decisions at their level and certainly that we would ratify their decision, but to allow them the authority to do that in that specific instance. Baird: That1s how ies currently written. Wardle: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just another -- you'd think that I was an English teacher and I truly wasn't, but just as a matter of clarification, under the definitions that begin at the bottom of page three and go up to page four, some of those are just not complete sentences and it just Merid ian City Council March 1, 2005 Page 11 of 32 seems like that we -- it should be consistent throughout each one of those definitions, either in complete sentence or in bullet form, but the content's good. Strong: Okay. De Weerd: We can see you haven1t read too many ordinances. Bird: You're not attorney, Christine. Donnell: I guess thafs it. De Weerd: You need to read more. Okay. Was there anything else on this item, Doug? Strong: No. De Weerd: Council, anything else before we move on? Bird: No. I think ies very good. De Weerd: Thank you. 2. Discussion of Adventure Island Plavaround Rules: Strong: Okay. Madam Mayor, Members of the Council, the second item is Adventure Island playground rules.- What you see in front of you was developed, essentially, with input from the Parks and Recreation Commission, members of the Adventure Island Playground Group, and also from Chief Musser and the police department, so that we, essentially, follow the same format, the same sequence that we -- that you have passed on previous occasions with the skate park rules, with the shelter rules that were before you last year. So, ifs all -- every place that we post rules there is a similar look and similar sequence of rule posting. So, you will see that. And, then, specific items that relate to Adventure Island playground based on early observations related to the play that's there and some of the things that we are concerned about and would like to be able to control to some extent, recognizing that there are many activities going on in the parks that no -- regardless of the rules, they are not always followed, but this is -- this is what we felt was important. So, with that I would entertain any questions. De Weerd: Council, any questions? Bird: No~ Get it posted. Madam Mayor? De Weerd: Mr. Bird. Bird: No. Just get it posted and get it out there. It looks like Adventure Island is getting used very nice on these nice days and that's so great to see. Meridian City Council Ma rch 1, 2005 Page 12 of 32 1/. l: De Weerd: Amazing. Bird: And it's just fantastic, Doug. Donnell: Thatls great. Bird: I don't think we can thank Angela enough, what that woman has done. Strong: I agree. De Weerd: Okay. If there is no further questions -- thank you, Doug. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Item 9: Item 10: Continued Public Hearing from February 15, 2005: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Continued Public Hearing from February 15, 2005: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Continued Public Hearing from February 15, 2005: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: De Weerd: So, I will move to Item 8 and open up eight, nine, and ten. Itls a public Hearing on AZ 04-034, PP 04-043t and 04-052. We will begin with staff comments. Canning: Madam Mayor, Members of the Council, this is a continued Public Hearing, but previously I just brought forward a very specific question to you and that was whether or not you wanted to hear it or remand it. SOJ I will go through the full description this time, which J did not do last time. SOt this property is located off of Meridian Road, north of McMillan and south of Chinden, which is not shown on the map. Just to give you some other reference points, this is Saguaro Canyon. This is Arcadia Sub. We are currently processing a subdivision here called The Reserve. This is Westburough Sub. We are also currently processing a subdivision application on this property, which connects to Locust Grove. This is Ventana Subdivision. And this is the site of the future middle school on McMillan. The darker yellow is Paramount Subdivision. And these two properties are currently not in ParamountJ but my ( (.." Meridian Cjty Council March 1, 2005 Page 13 of 32 understanding is that Brighton Corporation has purchased those two properties, which would provide the frontage up to Chinden. The property to the south is owned by Mr. Priddy. They have been in for pre-application meetings and I believe we have an application, but it hasntt been accepted yet, so there is -- are plans to develop this with, actually, similar to Hacienda Subdivision. This is a copy of the proposed preliminary plat. They are proposing -- the original application had 125 fats, of which 98 were build- able. I believe we are down to 96 build-able lots on 19.63 acres~ They are asking for R- 8 zoningt And they are -- have submitted a planned development to ask for reductions to requirements for that zone, specifically for minimum lot size, they are asking for it to be reduced to 2,850 square feet for the attached units. The standard now is 6,500 square foot, and those -- the attached units are shown in the darker yellow down below. The lot frontage, they are asking for reduction from 65 down to 32. And, again, the original application they had 3D-foot frontages, that's the one that went to the Planning and Zoning Commission. They have increased that to 32 feet with this plat that's before you today. And, then, zero lot lines. The city allows two for attached units, basically, attached single-family dwellings. They are asking for two per lot, which would -- again, it would facilitate the development of townhouses, rather than just two single-family attached~ The -- oh, going back to this. I forgot there was one other development of sorts. This property is a ten acre piece thafs currently owned by the Catholic church, but is undeveloped and, thenJ immediately north of that is the Catholic church property. Okay~ Back to this. Sorry about that. The applicant is proposing 36-foot street sections on this primary road that comes through here and, then, over this way and this way. So, that's a standard street section, but they are proposing 33 feet on these two other street sections here. Oh. And I think this section of this one is 33 feet, too~ So, it's 36 there and the applicant can verify that, jf I have misspoken. Itm sorry~ And the original application included four attached units, five attached units, and six attached units. They have removed the six attached units and there is just four and the five now on these south and east boundaries. The build-able lots, as I mentioned before, they range in -- the smallest is 2,951. They do go up to 1 0,41 0 square feet. The other item I wanted to point out was just kind of a general site design issue where they have tried to work with the features that are on the site~ There is a large existing home on the site, as shown in this open space area. They have converted that to what would be quite a nice clubhouse with a swimming pooL The parking area for that is located here. They have tried to leave the irrigation ditch open~ Ifs a Settler1s Irrigation ditch, which tend to be more attractive for some reason than Nampa-Meridian irrigation ditches. They are working very hard with Settlerfs to keep that open through there, so it is -- provides an amenity to the property. And, then, they continue it along here. These are some of the elevations for the attached units that they are proposing. This is the original plan. I donlt have a copy of their landscape plan in my presentation. They -- and perhaps the applicant can talk about it more, but they have -- have really landscaped this entrance into the property to really emphasize that open space where they have tried to leave the irrigation canal open~ Okay. So, that was their proposal. I'm going to go to the Planning and Zoning Commission recommendation. The Planning and Zoning Commission did hold a hearing on January 20th. Shawn Nickle and Dave Bailey spoke in favor of the application~ No one spoke in opposition. Commenting was Doug Beeler, he was concerned with the fencing along the east boundary and Cameron Jayo replied ./ ; \. f</ .. . (~ . Meridia n City Cou nci I March 1 t 2005 Page 14 of 32 to that and stated that there would be a six-foot vinyl fence on the east and south boundaries. The key issues of discussion by the Commission were the decorative block fence around the existing residence and you can kind of see an outline of the fence here and there was concerns -- it was about three feet -- the road was about three feet from that fence~ They did relocate the road, so that there is a full ten feet now, which is similar to our fencing allowances with a variance~ They also talked about access and visibility to the common area~ I believe the applicant has been working with the police department to address some of those concerns and they should have an update for you. And, then, perimeter fencing, the location and type. The key Commission changes to staffs recommendation, they did add a new site-specific condition to require perimeter fencing and they relocated Rio Vista Drive, the center one, to provide that extra room away from that fence. Okay~ In that recommendation there is a number of outstanding issues before City Council, but they are addressed in the follow-up memo from Mr. Hawkins-Clarkf dated February 25th~ So, I'm moving to that now. One of those was the North Slough lateral pipe and as I mentioned before, the planning commission and staff are highly supportive of leaving that open, if at all possible. So, we have crafted the conditions to leave those options open and it doesn1t have to be worked out now, in staff's opinion, so I think we are okay leaving that kind of open- ended. They did revise the plat. They have revised it since I brought it to you last. Also, they made some -- they removed one unit down here, so that they could put the open space lots back in. Those have been reduced, thought from 20 feet to approximately eight feet and, then, you would have your five-foot setbacks on either side. So, those are narrower than originally approved by the Planning and Zoning Commission~ However, there is still a fair break between those townhouse units -- or townhouse structures, e.?<cuse me, and the number of open space lots is closer to what the P&Z approved. Another outstanding issue is this stub street named Rio Del Nickle and they -- the applicant has gotten a letter from the Catholic Church stating that they plan to put a school there and they do not require this stub street going into it~ Staff had originally asked for it for redevelopment purposes of that ten acres. Irs a long, narrow lot, so one of the outstanding issues before Council is if -- do we still require the stub street. If the stub street is not required, we run into block length problems. This is over a thousand feet. They have never requested as part of their planned development, a waiver from that requirement, so it's never been noticed that way. I think staff's preference at this point is to go ahead and leave the stub street in. The church is not coming with development plans and does not have specific development plans for that property. So, even as a school it may be beneficial to have that stub street going into this property~ It only affects one house and, then, you have access to Meridian Road. It may be an important feature for the redevelopment of that property. We just don't know until we see those plans. So, staff would recommend that that stub street stay in. All right. And, then, the question of density~ Council expressed some concerns at the last hearing, so Brad went through -- this is five units to the acre, again, and, yesJ I know you're used to seeing three units to the acre or less, but five units to the acre is still well within the range of the medium density Comprehensive Plan designation that goes all the way up to eight~ So, at five units to the acre -- this is a rather efficient five units to the acre} they have got substantial open space and integrated open space for the project. Brad went through an analysis there, I'm not going to go through it line by line, ( Meridian City Coun eil March 1, 2005 Page 15 of 32 hopefully, you had an opportunity to read it. He looked at all of the developments that have been proposed in this square mile, the amount of lands left to be developed. There are quite a few non-residential developments in this square mile, including the Catholic churchJ charter high school, future middle school, the LDS church, the Valley Life church, there is a nursery garden center, and a Friendship Lutheran church. We looked at all those things, we assumed an average density on the remaining acreage and the whole -- the section as a whole still comes in just around three units to the acre. So, I know this is different than what you're seeing, but this is well within the Comprehensive Plan and moving toward kind of the average densities that are anticipated to facilitate some of the smart growth things that we want to do or whatever label you want to put on it. There is reference made to the mobility study and transit corridors as part of this discussion and we have -- we have previously tonight, I think, addressed how we are -- how we are dealing with some of those mobility study issues. I do want to point out that to facilitate bus and transit, this is not that kind of density. I mean at a minimum you need about seven units to the acre and, again, this is five units to the acre, so -- J think the last one -- Brad references some revisions to the preliminary plat conditions. One is related to the North Slough, the other is to -- again, to the North Slough, getting a license agreement, hels recommended some additional conditions there. It is recommended changing the approved minimum frontage from 30 feet to 32 feet. So, if the Council is inclined to approve this application tonight, staff recommends that in your motion that you include both the P&Z Commission recommendations and the memo from Brad in that motion and that should address the concerns that I have outlined so far tonight. And with that I'll end staff's presentation~ De Weerd: Council, anx questions for staff? Bird: I have none, Mayor. Donnell: Madam Mayor? De Weerd: Mrs~ Donnell. Donnell: Mrs. Canning, what charter high schoof is in that area? Canning: Jtls the Westburough one. Donnell: Thafs what I thought. Is it the one on Locust Grove? Canning: Yes. Donnell: Thaes an academy. Canning: 11m sorry. Donnell: Thafs just -- that's an alternative high school. Okay. And it's not under construction any longer, right? ( Meridian City Council March 1. 2005 Page 16 of 32 Canning: Well, there is an academy -- ies in -- my understanding is there is maybe itls proposed, not existing. Maybe we have it termed wrong. But my understanding was there was two school sites that the school was considering there, both the -- a charter school and an academy. Donnell: Oh, you1re right. Actually, they talked about putting an elementary school, perhaps, even in that area, so -- Canning: Yeah. Donnell: Yeah. Okay. Thanks. How quickly one forgets. De Weerd: Okay. Any further questions? Would the applicant like to come forward? Please state your name and address. Nickle: Madam Mayor, thank you. Shawn Nickle. 52 North 2nd Street in Eagle. May I pass out some information? De Weerd: You can pass out information. Donnell: Is that street named after you? Rio Del Nickle? De Weerd: Okay. Good. That's why you go into planning, so you can name a street after yourself. I have always wanted de Weerd Street, you know. That would be fun. Bird: The Weird? De Weerd: Uh-huh. Nickle: Madam Mayor and Council, thank you for my -- recognition of my street name. That's a little jab by my engineer, because I did not provide him with enough street names for the plat and so there are several Nickle streets around, but they never really make it to the final plat. Thank goodness. And when they do I want one like on a main intersection, that way to really leave a legacy. De Weerd: There you go. Nickle: Back to what we are here for, Madam Mayor and Council -- and thank you, staff, for an excellent report on this development. I do appreciate, again, you giving us the opportunity to go back and take care of these issues. I do believe we did resolve the majority of the issues regarding the canal, the distances between the buildings, those town hou ses wi II have ami n i mum of 18 feet separation and, th en , we put the common area between those. I guess without going through what Anna spoke of, you have got the details of the subdivision, I want to point out some things regarding the design. For example, we. do have -- on the main street we do have a detached sidewalk .(/ r . \. Meridian City Cou nci I March 1 t 2005 Page 17 of 32 with street trees. A lot of the trees were already existing that went to the original residence on the property. In addition, we do have about 14 percent open space, including the clubhouse and the pool. And there will be pathways. I did speak with the police chief regarding the issue of the wall and I think the way we Jeft it is we are going to continue that discussion, probably, hopefully, have him come out and help us look at -- along with staff, in determining proper lighting and fence height and gates and things like that. So, I do believe we can get that resolved as a condition of approval. Rio Del Nickell we are going to work with ACHD. Again, we do have a letter -- I don't know if it made it into your packet -- from the church stating their verbal intentions on the property and that is not to have a residential development to expand on their facility~ So, we will probably go back and talk to ACHD and just see if that needs to be there and if that's the case, we will submit the proper modifications and be back in front of you for that, if it's necessary. We are continuing to work with the irrigation district on leaving that ditch open~ We'd really like to. If you have been out there to see it, ifs a real nice -- almost looks like a meadow creek going through there. We have submitted some plans to them and they will be on their next board meeting, so those will be resolved, obviously, before final plat, if we get there -- we do get that from them. Very quickly regarding the developer~ Doug Jayo has been developing property in the Treasure Valley for over 20 years and I believe this is probably his first development in the City of Meridian, but hers done other developments in Eagle, Ada County, and Boise, among others. I do have some pictures there that I took of the entrance to Clear Creek Crossing in Eagle and, then, the other pictures all are Spoke Ranch Subdivision, which is located in Ada County. It's, actually, been annexed into the city of Boise. And those -- thafs a -- that was probably the first PUD that was -- that was processed through Ada County and I was, actually, the planner when I was at Ada County, that did this and Dave Bailey was, actually, the engineer when it went through eight years ago. I went out this morning and took pictures of this property~ I was, actually, very impressed at how it's weathered the last eight years~ It's a beautiful development. If you have got some time, take a look at a nice eight year old attached -- combination attached and detached with some commercial, you have got an Alzheimerfs clinic, some day care, some commercial on there. It's, really, a very nice, clean development. And I think that shows you how Mr. Jayo operates. He is the builder, for the most partt on the development. He will build the majority of the houses, most likely, in this subdivision, but all the landscaping for the townhouses will be common maintenance through the homeowners association and I think that's probably why it was so nice and clean and everything looked like it was manicured just right out there. So, if you get a chance to go out there and look behind the Albertsonfs off of Five Mile and Overland, it's quite a nice development. Doug also caters to the retirement community a lot more and so this development will be marketed towards that. It won't be exclusively 55 and older, but thatls kind of where he would like to market it and that's why he put so much time and effort into the clubhouse and the pool and those smaller townhouses with the smaller lots and try to market to the empty nesters and that, but, obviously, it would be open to whoever, it won1t be exclusive, but I think ifs going to probably lend itself in that direction a lot more. And, finally, really quick, just to talk about the Comprehensive Plan and how we believe that this development is supported by that, if you read your Comprehensive Plan at the beginning of the land use section it talks about how the committees that were writing up Meridian City Council March 11 2005 Page 18 of 32 the Comprehensive Plan talked about the predominate single family detached residential and the lack of diversity and goal number five states that we should provide for diversity in housing types and I do believe that this development is providing that type. Everywhere else you look in this square you have single family detached units and I believe this is a nice fit, you have got the diversity with the attached units, the five -- we are, actually, 4.89 dwelling units per acre is kind of in the middle of that three to eight units density range that your Comprehensive Plan land use map talks about. I believe we have met that as well. Why are you smiling? De Weerd: Well, 11m just really glad the Statesman gave you some material to use in your presentation tonight. Nickle: I wish I had read it, because I didn1t read it, but don't quote -- or did I quote them? I was afraid to read it. De Weerd: No. My mind is just slipping. Sorry. Nickle: That's okay. I'm going to end on that. 1111 just go with Rio Del Nickle and -- De Weerd: Council, do you have any questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Nickle, one of the questions that I have -- and the application that I have seen in this area was for Saguaro Canyon and during that -- those public hearings before City Council approval, as I recall, the property owner of this proposed development, as well as the one to the south and, then, one to the north, was concerned with the density of that proposed development and so how -- and as I read here from Mr. Hawkins-Clarkf that ended up being 3.29 gross density. How did you respond to those earlier concerns that were brought up in those public hearings? Nickle: I didn't do Saguaro. Wardle: I understand that you didn1t do that. 11m talking about the concerns of the surrounding property owners for -- the impact of the density at 3.29 and this development at -- nearly at five units per acre. Nickle: I believe the majority of the -- or a lot of the concern, as always, is the traffic~ les a traffic issue. One thing that lends itself -- and this did come up in our neighborhood meeting that we -- that we held was traffic. We did do a traffic study, even though it was not required of us by ACHD, and we did provide your staff with a copy of that, and based on where this is located in relationship to Chinden Boulevard and Meridian Road, the future improvements to Meridian Road, we believe that the traffic is going to be funneled out and proportionately disbursed along that. Regarding / f l.. Merid ian City Coun cil March 1 J 2005 Page 19 of 32 the transition, we believe -- the main reason I think Doug choose this property was because of the location to the church, that's kind of a good compliment to each other, the church and the higher density. Again, we worked with our neighbors that we -- that were surrounding us and I think addressed a lot of their concerns, fencing, and things like that. So, you know, we tried to be as compatible as possible in those aspects. Again, regarding the density, I personally don't think 4.9 is dense. And I do understand this is a lot more dense than you1re used to seeing heref but I think diversity is needed in this area. I don't know if that answered your question, but I tried. Wardle: That was fine. Thank you. De Weerd: Any other questions? If not, thank you. Nickle: Thank you. De Weerd: Is there any other testimony on this application? Okay. Staff, any further questions, comments? Canning: No, ma'am. De Weerd: Okay. Council, any further information? Okay. Any last comments? Okay. I would entertain a motion to close the Public Hearing on these items. Donnell: So moved. De Weerd: If there is no second -- Bird: Second. De Weerd: Okay~ The motion is to close the public hearings on Items 8, 9 and 10. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Discussion? If there is no discussion, Council, do I have a motion? You guys are a talkative bunch tonight. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve Items No~ 8, 9 and 1 0, AZ 04-034, request for annexation and zoning, PP 04-043, request for preliminary plat, and CUP 04-052, request for a Conditional Use Permit, incorporating all of P&Z's recommendations, as well as the memo that we received from Mr. Hawkins-Clark. {' ~ ( Meridian City Council March 1, 2005 Page 20 of 32 Bird: Does that include the applicant's comments? Donnell: And all applicant comments. De Weerd: Okay. I have a motion to approve eight, nine, and ten. Do I have a second? If I have no second, the motion -- Bird: Well, I'll second it to take it forward, but I won1t guarantee you that 11m voting for it. De Weerd: Okay. Then} do we have discussion, now that we have an active motion on the floor to approvef to have discussion? Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: I have got a real concern on the east and south density of the deals and J think that Mr. Jayo does do a nice job and -- in his developments, but I know that this is only 4.9 acres -- or 4.9 per acre, but it -- I don't know. There is awful small -- yourre going down -- they have raised from 30 to 32 feet in the one of width, but I think we are encouraging some density out there in the north Meridian plan that -- that we probably donlt want. Thafs my comment. Donnell: Madam Mayor? De Weerd: Mrs~ Donnell. Donnell: I guess my thinking is that the staff has done an excellent job in looking at all issues~ I think it's a well-planned development The green space I think is more than adequate. I like the fact that there is diversity in terms having townhouses and as well as the single family residents and I think if it meets the requirements of the Comprehensive Plan in terms of the number of units per acre, that the Council should approve it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: My comments~ One of the concerns that I have for the piece of property is -- as well as some of the other pieces in the north Meridian area, are when you have large estate homes how do you -- how do you address that, if you're going to keep the structure~ I think that this plan does that in a phenomenal manner, as making it an amenity to the surrounding community and would like to commend the applicant for those efforts and the landscaping around that. As far as the density, the number one concern that I have is that this 19.3 acres is at such a density as to not be cohesive with i ~ \. Meridian City Council Ma rch 1 t 2005 Page 21 of 32 the surrounding -- surrounding developments which have come before us and so for that reason I would not look favorably upon the appJication~ De Weerd: Thank you~ I guess for just what ifs worthf this -- I guess we are kind of spoiled with some of our larger subdivision developments, because you could see how all of the varied densities of lot sizes and housing choices kind of intermix together and I guess to staff that's what we are lacking here~ We should see not just that there is a subdivision to the east called Saguaro and to the south that there is -- we should see how it looks and what has been approved and you can kind see that this offers a different housing choice and it is designed nicely, it will flow together, and it is -- you know, from the pictures that we have seen and the open space amenities, it does look like a quality design~ I think it's a good compliment to whaes out there~ It is a different choice of densities than what is already offered out there and that1s what we have been asking for~ So, you could look at this as the big picture and say it was a mixed use development, because it has some housing choices to it and lot size choices to it, if you looked at the big picture. If you only look at this little piece, it doesn't really show that, but it is a different product than what we have been seeing and I think ifs a -- it would be an asset to our community. I guess I still do have concerns of continuing to see the bigger picture and, as we discussed earlier at the ULI meeting and presentation, they did suggest that if you look at some of the smaller pieces of property like this, you ask that the property owners get together and look at master planning or if they want to do it before the city can get to it or the cities start looking at these smaller pieces and giving us a bigger look at the picture, so -- but I think it's a nice development and it compliments what is out there~ So, we do have a motion on the table to approve Items 8, 9 and 1 o~ I guess f ~ill just ask for a vote on Item 8 for the annexation and zoning and see what Councills vote is on that before we move on Items 9 and 10. Is that -- Bird: The motion was made for all three. De Weerd: So, the motion is for all three. Bird: Lees vote on all three of them. De Weerd: Okay. Bird: Unless the motion maker wants to change the motion4 De Weerd: Mr. Berg~ Roll-Call: Bird, yea; Rountree, absent; Wardle, nay; Donnell, yea. MOTION CARRIED: TWO AYES. ONE NAY~ ONE ABSENT. Item 11: Public Hearing: AZ 04-035 Request for Annexation and Zoning of 5~01 acres from RUT to R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Meridian City Council March 1 t 2005 Page 22 of 32 Item 12: Public Hearing: PP 04-045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other lots on 4~56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Item 13: Public Hearing: V AR 05-004 Request for a Variance for block lengths from the required 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: De Weerd: Thank you~ Okay. Items 8,9 and 10 were approved. We will move to Item 11 ~ Public Hearing on AZ 04-035. I will open this Public Hearing with staff comments. Watson: Madam Mayor and Council Members, it's a rare opportunity that I get to do a land use presentation, for good reason, probably. To avoid a potential conflict of interest, our planning director has asked me to do this, and to avoid having her assistant drive in from Emmett, I volunteered to do this as well, so -- if I botch this, please, donlt hold it against the applicant, but -- De Weerd: Brad, I think you're a great substitute. Watson: Well, thank you. We'll see~ This application is for an R-8 subdivision located at the southeast corner of Ustick and Black Cat Roads. It abuts Staten Park Subdivision on the east~ A portion of -- well, Ashford Greens Subdivision is to the south across the Eight Mile Lateral. les a rather odd shaped piece tucked into the corner. There we go. It has 12 single-family residential Jots on about four and a half acres. There is no street directly onto either Ustick Road or Black Cat Road~ It takes access off of Ustick through Staten Park Subdivision~ At the Planning and Zoning Commission there was only one person who testified in favor for the applicant. No one testified in opposition. As you can see on the summary, there were two key issues or discussion by the Commission~ One was the proposed cul-de-sac length~ As you know, there is a variance or block length variance -- an application for a block length variance to have a - - or to have a block length of 535 feet, versus the maximum of 450 feet. The alternative to that is to have a stub street onto Ustick Road by doing it proximity to the intersection of Black Cat, staff does not support having that there. The second item of consideration by the Commission and discussion -- for the discussion by Council is this cul-de-sac was -- the cul-de-sac in this subdivision was discussed in terms of getting access across the Eight Mile Lateral to the south~ The Commission's recommendation was not to provide right of way -- or dedicate right of way or had this applicant provided any of those improvements, but simply to provide a 50-foot easement to the center line of the Eight Mile LateraL Evidently it would be incumbent on the property south of the eight mile lateral, to -- if they developed and if the Council wanted this connection to build a crossing, go back into this subdivision, rip curb and gutter and construct that public right of way access. I guess the last thing of consideration that relates to the Eight Mile Lateral is that staff recommended that the Council grant a waiver to the requirement to tile this~ Ifs a large facility and it has not been tiled elsewhere in this section of ground. / ( (.....:... Meridian City Council March 1, 2005 Page 23 of 32 And so we would ask that Council consider waiving that. There is probably something else here I'm supposed to discuss. I sat eyes on this application for the first time at 3:45 this afternoon, so I apologize. Actually, I think thatls it. 1111 end my comments~ Thank you. De Weerd: Well, Council, I failed to open up 12 and 13, which are both related. Since I don't want Brad to have to reiterated what he already has said, if you do not mind, J will open up those public hearings, PP 04-045 and 05-004, to include all testimony on these items. Bird: I thought you already -- Donnell: I did, too. I have marked them all. De Weerd: Okay. Are there any questions for our substitute planner over there? Donnell: Madam Mayor? De Weerd: Mrs. DonnelL Donnell: I almost hate to do this to you, Brad, but show me, again, what you were talking about with the cul-de-sac there when -- so you can point to that area for me. Watson: Sure~ Madam Mayor, Council-member Donnell, this is what the Commission elected to modify is that this subdivision would provide a 50 foot easement to the center fine of the Eight Mile Canal right here, in case this future development was required to provide a connection into the subdivision. De Weerd: Okay. Any other questions? Bird: I have none, Mayor. De Weerd: Okay. Any other questions? Okay. None? Is the applicant here tonight? If you will, pleasef state your name and address. J.Canning: Yes~ Madam Mayor and Members of the Council, Joe Canning with B&A Engineers. My address is 5505 West Franklin in Boise. And I'm here tonight representing the applicant and the applicanfs also here, in case there are any other questions I can1t answer. De Weerd: Okay. Thank you. J.Canning: I think ('II add a few things~ I donlt want to take a lot of the Councills time on this. Hopefully, ifs fairly straight-forward. I'll try to concentrate on any important items that relate to this. We consider this application, really, an extension of -- or very similar to the Staten Park development. Its connection is proposed to be through that f:. \...... . (. Meridian City Cou ncj I March 1 J 2005 Page 24 of 32 development. The applicant would like to annex into the homeowners association of Staten Park. We really feel it's a continuation of that development~ It finishes off that parcel of land to the west of that project. We did have a few liabilities. Brad touched on them. There is a considerable amount of frontage along Ustick, it's kind of a liability for the owner. There is also a small liability with the small frontage on Black Cat Road~ There is a bridge there over the Eight Mile Lateral. We have been negotiating and worked with Ada County Highway District as far as widening the normal right of way along Black Cat Road to accommodate a future widening of that bridge to at least -- provided we will be in place when that bridge needs to be removed and widened. Of course, the other liability is the Eight Mile Lateral. We are surrounded on three sides by what we consider more like liabilities. The major liability with Eight Mile is that stub and the Planning and Zoning Commission decided to make that condition as ifs presented to City Council. The applicant does not have an objection the way thafs -- the way thafs worded and required right now~ Really, we looked at the block length requirements of the ordinance and we really feel it's better to approve this waiver request here and the option at this point in time is to extend the stub up into Black Cat and that intersection, of course, the less stubs we had out there in proximity to that intersection the better, at least in our opinion~ I'm sure traffic engineers would see it the same way. So, we feel this is a very reasonable request to get that approved that way~ I think thafs really it. Like I say, just to reiterate, we consider this, really, an extension of that development. Our lot sizes are similar and I think with that IllI shut up and answer any questions that Council may have. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Donnell: I have none. De Weerd: Okay. Thank you. J~Canning: Thank you. De Weerd: Is there anyone else who would like to provide testimony on this application? Okay~ Council, anymore grilling for Brad? Bird: Madam Mayor? De Weerd: ML Bird. Bird: Hearing none, I move that we close AZ 04-035, PP 04-045, VAR 05-004. Wardle: Second. De Weerd: Okay. The motion is to close the public hearings on Items 11, 12 and 13. All those in favor say aye. All ayes. Motion carries. {-: .(:. ( Merid ian City Coun cil March 1. 2005 Page 25 of 32 MOTION CARRIED: THREE AYES~ ONE ABSENT. De Weerd: I guess we will take these one item at a time~ Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: I move we approve AZ 04-35, incorporate staff and applicant comments, for the attorney draw up proper papers~ Wardle: Second. De Weerd: Okay~ The motion is to approve Item 11 ~ If there is no further discussion, Mr~ Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. We will take a motion on Item 13 for the VAR 05-004. Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: I move we approve V AR 05-004, with applicant and staff comments. Wardle: Second. De Weerd: Okay. The motion is to approve Item 13. Mr. Berg, will you call roll. Roll-Call: Birdf yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT~ DeWeerd: Thank you. Mr. Bird. Bird: I move that we approve PP 04-045, with applicant and staff comments. Wardle: Second. De Weerd: Okay. The motion is to approve Item 12. Roll call, please. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Merid ian City Coun cil March 1 J 2005 Page 26 of 32 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: PFP 04..008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision by Bergey Land Surveying - SWC of East Pine Avenue and North Nola Road: De Weerd: Thank you. I would like to recognize our government students here tonight. I am assuming you're from Meridian High School? Okay. One of my favorite city volunteer's son is here. I understand you're the son of Ed Fang? Well, give your dad our greetings. Is he still in California? Okay. Well, give him our greetings. He1s a good man. So welcome. 11m sure youfre just really entertained and this is great stuff, isn't it? Yeah. Okay. Item 14 is Public Hearing PFP 04-008. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this applicant failed to post the site correctly, so I think we need to table for two weeks~ De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continu-e Public Hearing PFP 04-008 to March 15th, 2005~ Donnell: Second. De Weerd: The motion is to continue Item 14 to March 15th. Actually, I donlt continue it if it was not posted, do I? Bird: Yeah~ We have to -- De Weerd: Okay. Bird: Isn't that right? Baird: That way, Madam Mayor, Members of the Council, those who received radius notice or mailed notice and who happen to be here tonight, would have notice of a continued hearing, so we wouldn't have to fe-send the mailed notice. De Weerd: Well, I apologize if anyone came to testify on this application. If itrs not posted properly, we can1t even entertain testimony on it, so it will be listened to on March 15th. All those in favor say aye. All ayes. Motion carries. (.:~..... . ( Meridia n City Cou nci I March 1 t 2005 Page 27 of 32 MOTION CARRIED: THREE AYES~ ONE ABSENT. Item 15: Public Hearing: CUP 04--053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a L-O zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: De Weerd: Okay~ Item 15 is Public Hearing CUP 04-053~ Staff comments. Canning: Madam Mayor, Members of the Council, this is a Conditional Use Permit for a clinic building. This site is located at Touchmark. This is the lot that the site sits on and that is the only issue -- tricky issue staff has had with this is just identifying a boundary for this project. You see here itfs on a rather large lot within the Touchmark Subdivision~ However, this site is just a small portion of that lot~ They have submitted a lot line adjustment application that is on ML Watson's desk to define this area. Just a moment I'm sorry. I Jost my staff report The applicant is proposing a 10,339 square foot building and ifs -- it is a medical facility. You can see the building there. There is an entrance -- and this is Louise Drive, it comes and turns around the corner. There will be a shared access aisle that comes along the east boundary of the site. From that shared parking access drive there will be this parking lot. There will be a few physician spots and, then, there will be another parking lot on the north side of the building~ The use requires 53 parking spaces and they have proposed 68~ Part of the issue with not having a lot is that there seems to be some question as to whether this will be a road in the future or a parking access aisle. This applicant does own to this -- the center-line of the parking access aisl~, so at this point staff is just treating it as if that parking access aisle will exist at some point in the future. This may come before you again through Touchmark to resolve some other issues, but for now staff is convinced that we have enough protection in place for this particular development~ We have asked for a cross- access agreement and, then, we have a -- the recommendation that's before you tonight does have a zero lot line on the parking~ Presumably there would be other parking on this other side that would gain access to the parking aisle as well. The Planning and Zoning Commission heard this application on February 24th. Phil Agrusa from OB-GYN Associates and Tom Scoffield from ZGA Architects spoke in favor and no one spoke in opposition~ Craig Thueson commented on the application~ The key issues of the discussion were the use of the site as a clinicr accessory to the hospitaL I should explain that St. Luke's is -- the medical office building is just south here that we approved in Touchmark and, then, St. Luke1s is south of that. The Commission did not make any significant changes to staffs initial recommendation and to our knowledge there are not outstanding issues before the City Council. There is not a letter from the applicant stating that they are in agreement with the conditions of approval, but the architect for the project is here this evening. With that I will end staff's comments. De Weerd: Okay. Any questions for staff? Bird: I have none, Mayor. (. Meridian City Council March 1 ~ 2005 Page 28 of 32 De Weerd: Okay~ Would the applicant like to come forward? If you will, please, state your name and address. Scoffield: Thank you, Madam Mayor, Members of the Council. My name is Tom Scoffield, Jim with ZGA Architects, 565 West Myrtle Streetf Boise, Idaho. De Weerd: Thank you. Scoffield: With regard to the letter, forgive that lapse regarding those items. We will forward a letter agreeing with the findings at the P&Z hearing. De Weerd: You don't need to forward one. You just did it~ Scoffield: Good. Donnell: You just agreed. De Weerd: Okay. Do you have any comments? Scoffield: I do not We are in full agreement with staffs assessment of the situation and from that standpoint I have nothing further to add. De Weerd: Okay. Thank you. Any questions? Wardle: Madam Mayor? De Weerd: Yes~ Would the applicant please stay. Wardle: Just a quick question. Will the architecture of this building be similar to the larger building just completed to the south? Scoffield: Sorry. Not exactly. It's a very lowered scale building. As we step away from that development, the developer has set in a group of requirements regarding the look of the building, so this is much more in line with a craftsman style. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Councilman Wardle, this is more similar to the assisted care facility thatfs approved at the center of the project. Wardle: Thank you. De Weerd: It's a nice looking building. Meridian City Council March 1 ~ 2005 Page 29 of 32 Scoffield: Thank you~ De Weerd: Thank you. Any other questions? Thank you~ Is there anyone else who would like to provide testimony on this application? Please state your name and address. Owenby: Madam Mayor, Members of the Council, my name is Jim Owenby, I live just to the west of this deveJopment~ My concern -- I live at 3359 North Montvue. De Weerd: Thank you. Owenby: My concern is with the site plan being as large as it is and being rather undefined, is we have, for the Montvue Subdivision, our irrigation is buried irrigation underground, we have a line that runs across to the north, we also have a line that runs across to the -- be on the east side of this Jot that feeds our southern ditches. What the concern is that in the construction phase that these people are aware that these lines are in here and be very careful that we don't have them disrupted, so to speak~ Our irrigation season is going to be very short this year and we are just rather concerned that they are very much aware of it and we don1t have that problem. De Weerd: We appreciate your concerns and we do have an ordinance that states that they have to maintain those irrigation canals and assure the water will be provided. Baird: Madam Mayor? De Weerd: Yes. Baird: If I could clarify, in addition to that, the application that's before the Council tonight, any approval that they make with regards to this property will not affect your right to get that water~ Y QuIre entitled to that by state statute. If they interfere with it, you would have -- and I donrt want to give you legal advice here, but, statutorily, you would have a right to continue to receive that water. Owenby: Okay~ Trying to be a little pro-active. De Weerd: We appreciate that and they do make inspections to assure the integrity of those systems, so if you have any issues, you know who to call. Owenby: Thank you. De Weerd: Our planning department. Canning: Madam Mayort there is -- you will notice there is a large landscape buffer between the Montvue Subdivision and there is a pressurized irrigation line -- you can see it right there. Thaes within that~ But that is the only facility thafs actually shown on this portion of the property~ Now, again, the -- what was noticed for this development ( Meridian City Cou nci I March 1 t 2005 Page 30 of 32 was the whole piece of property, which is nine or ten times larger than the piece that you1re seeing tonight. De Weerd: Okay. Thank you. Is there any other testimony on this application? If we could ask the applicant to come and at least give assurances on the water delivery? Scoffield: Tom Scoffield again. With respect to the irrigation canal and the water services, I forwarded Jim's comments to the developer and to the civil engineer of record on the site to have them make an awareness of it. Insofar as we are aware, it occurs, actually, a little bit north of our property line and off our site. That would be a horizontal -- some form of lateral connectionf I suppose, if that's the right term, just so understanding would be noted by the contractor and who ever else was associated with the project~ And thafs -- to that degree, we will also notify our contractor following this meeting that -- that we should be very considerate of his water rights. De Weerd: Thank you. Okay. Thank you so much. Okay. Council? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Hearing no other comments, other than lid like to reiterate that I really like this development and the new building, which is completed just south of this, is just a wonderful building. So, with that I will close the Public Hearing. Bird: I would second it De Weerd: The motion is to close the Public Hearing on Item 15. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES~ ONE ABSENT. Wardle: Madam Mayor? De Weerd: Mr~ Wardle. Wardle: I move that we approve Item No~ 15, CUP 04-053, Conditional Use Permit for OB-GYN Associates. Donnell: Second~ De Weerd: Okay. The motion is to approve Item 15. Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES~ ONE ABSENT. ( en:." Merid ian City Council March 1, 2005 Page 31 of 32 Item 16: Water, Sewer, & Trash Delinquencies: De Weerd: Thank you. Okay. Item 16 is water, sewer, and trash delinquencies9 Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre-termination hearing prior to water service being disconnected. No water users having requested such pre-termination hearing for March 1, 2005, water service for the attached turn-off list will be terminated on March 2nd, 2005. The total amount of the turn-off list is $32,495~53~ Do I have a motion to approve? Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: I move we approve the turn-off list for March 2nd, 2005, in the amount of $32,495.53. Wardle: Second. De Weerd: Thank you. The motion is to approve the turn-off list~ Mr. Berg, will you call roiL Roll-Call: Bird, yea; Rountree, absent; Wardlet yea; Donnellf yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Ordinance No. 05~1134 AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for Eauitv Benefits by Equity Benefits, LLC - 2540 East Franklin Road: De Weerd: Thank you. Item 17 is Ordinance 05-1134. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1134, an Ordinance finding that Equity Benefits, LLC, the owner of certain real property generally located on the north side of Franklin Road, approximately 2,000 feet west of Eagle Road and approximate 2,300 feet east of Nola Road in Section 8, Township 3 North, Range 1 East, with the physical address of 2540 East Franklin Road, Meridian, Idaho, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Adat State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial (C-G) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of ( I:. (~. Merid ian City Coun cil March 1. 2005 Page 32 of 32 the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code 50-223 and 63-2215~ This is the old ordinance~ I have it memorized. De Weerd: That was exhausting. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? 11m glad no one said yes. Bird: That little guy out there, just hand him the ordinance and he can start reading. De Weerd: Okay. Council, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 17, Ordinance No. 05-1134, with suspension of rules. Bird: Second ~ De Weerd: Okay. The motion is to approve Item 17. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. And thank you for lasting the whole City Council meeting. Donnell: Thaes incredible~ De Weerd: I would entertain a motion to adjourn. Donnell: So moved. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. ("" . ~< Meridian Ci ty Counci I March 1 ~ 2005 Page 33 of 32 MOTION CARRIED: THREE AYES~ ONE ABSENT. MEETING ADJOURNED AT 8:40 P~M~ (TAPE ON FILE OF THESE PROCEEDINGS) ATTESTED- WILLIAM G. BERG J February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 11 2005 REQUEST Area of Impact Request by Dan Wood (. ITEM NO. 3 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Dan Wood Emailed: Date: 2125 I 05 staff Initials: Phone: ~l 0 - l.D4L)4 ~ Materials presented at public meetings shall become property of the City of Meridian. (:'<:.. .... ., . ) ~..... . . (' .. tBfac(roct LLC 5450 ~ qowen tJ(pad . moise, Itfalio 83709 . 208-362-6152 . ~:(i: ~ij:~; i[~~; ,:E~; J~~~\.lE .l~<.') FEB 1 5 2005 '~:/.~ -i ;~~: ~::?f;.};:l~~":::~ (f~t.:~.;/~ :..::.; January 26, 2005 The Honorable Tammy DeWeerd and City Council City of M.eridian 33 E. Idaho Meridian, Idaho 83642 Re: Meridian Impact Area Dear Mayor DeWeerd and City Council: . . We, the undersigned, are property owners in the Area of Reference but outside of your Area of Impact.. OUf properties contain 430 acres.. These properties are bound by A.mity Road, Lake .Hazel Road, Locust Grove Road and Boise City Limits.. We hereby respectfully request the City of Meridian to extend its.Area of Impact to include these pro.perties. Attached is a map showing the existing boundaries. and properties in .question. The city limits .and development is quickly approaching the Area of Impact boundary. It appears the City is able to provide services to support the additional area.. Eagle Road, from 184 south, can support more traffic growth than any other area of the city. Please initiate the .process of extending the Meridian City Area of Impact boundary to include these properties. S incei'(ly, I '~, / )Ovv--- ~ tu.1 ~7 D - fa tt'ftf- v\)IC.5s/- fo3'1i c........ .. ... . ~: .. (. ..::. Clementina Hill Family Trust by Linda J. Tennyson, Trustee jk ( FEB-07-2005 MON 01:48 PM G3 U fJlJe;E jk Z d vSB6~88089 'ON/28:9~ .lS/88~8~ 90028 83j(jnl) ( FAX NO, 2083626199 PI 03/03 WOHj ('...... .. c..: w<. W o t; v CO ::> ~M tr: C':! r-3 l- e Ct] ...., ID ('t) <( ~~ a:: ~ <( rn CD IX: ~ Cf) UJ o 0::: o o La ~ CQ m -,;-- ~ &1 en ~ (C (i) o ....... ~ ........... ~ (J) ...J 0- ~ n . .. .. " or _ . no no 0 on . ? (J_ Q Jllno ~ no . on . .. . . .. .. ~ .. . .. 0 · .. · .. .. .. . . .. . . .. . no .. . .. . no . _ . .. . no " no . .. no . .. . .. . . uno. .. . .. .. . . no . no _ __ no . _ ?I? f? ,Q H ? 4 of;. 0 XY. 4.. ~~. : .~ 1.. . . ~ _Q ! ~_ Q..( J;' 9. no . no . __ . . ;... .. {<..... " . . City of lVI"eriCl.ian ..." Public Works Dept. RECEIVED MAR - 1 2005 c~ of Meridian City Clerk Office To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: Filet City Clerk Date: 2/28/05 Re: March 1, 2005 Pre-Council Meeting - Area of Impact Request by Dan Wood In anticipation of this agenda item, we asked JUS Engineers to help us analyze the estimated remaining sewer capacity in the Ten Mile Trunk system that serves south Meridianf east of Meridian Road. Attached is a copy of their memo report As JUS states, it appears there are approximately 900 ERUJs (equivalent residential units) of remaining capacity in the Ten Mile Trunk after factoring in all of the previously approved preliminary plats that would discharge to this trunk. I would like to note that these figures generally coincide with those we have you in 1998 during the Bear Creek Subdivision approval process. Thank you, 4 02/25/2005 14:37 FAX 20832393( /: {.. . ( ~ 002/003 . . . . . JUB Engineers, Inc To: Brad Watson. P -E.r City of Meridian Public Works Director Fram; Richard Wiebe, P .E. CC: Len Grady, E.I.T. crint Dolsby, P~EI Date: February 25, 2005 He: Estimated Capacity ofTen Mile TrunK for DeveJopment South of Interstate 84 Model Capacity Purpose: There Is development pressure south of Interstate 84, and based on prevlous capacity analysis there js concern about the capacity of the Ten Mile Trunk. Background: The City of Meridian's Existing Sewer Model was updated and calibrated in 199811 The model was modified by the -City periodically up until the end of 2004. JUS was asked to assist with a preliminary update to the existing system and this capacity analysis- Most of the model work was done by the City with our oversight. Analysis: We performed the capacity analysis on the existing model with flows from developments south of Interstate 84 with preliminary plat approval Included.. The approved preliminary plats include: . Tuscany Village 136 Jots 'II Roseleaf 96 lots II Chatsworth 77 lots . Tuscany Lakes 455 lots lit Kfngbrldge 237 lots . Soda Springs 59 lots . Sageland 39 lots lit Glacier Springs 52 lots . Bellingham 164 lots TOTAL 1317 Lots Strata BeHisima. with 101 Jots was not included in the modeJ at the time of the analysisl but has since been approved. The Ten Mile Trunk contains a diversion near Linder and Franklin that was installed as part of the Bear Creek Development The diversion Is currently diverting all of the flow into the new line and UtUe to no flow into the old Une. Results: With the Bear Cre"ek Diversion diverting all of the flow into the new liner the Ten Mile Trunk System appears to have no remaining capacIty to serve beyond the current 02/25/2005 14:37 FAX 20832393t .("" \~ approved preliminary plats~ If the Bear Creek Diversion provides a 60140 split of the flow, 60% to the old line and 400/0 to the new line, the System has approximately 1.0 CFS of capacity. As a rule of thumb. 1~O CFS in lhe system amounts to approximately 1000 equivalent dwelling units~ If Strata Bellisima is removed. the trunk system capacity reduces to approximately 900 equivalent dwelling units~ Based on our discussion with line maintenance and our cursory field review of the Bear Creek Diversionl the Bear Creek Diversion and the two Five Mile Diversions are currently not diverting "OWl We would recommend these diversions be opened to reduce the possibility of surcharging the trun k lines~ . Page 2 ItI 003/003 (. ( February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 1, 2005 ITEM NO. 5-A REQUEST Tabled from February 22, 2005 - Agreement of Inspection Service with Rich Greene 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 DE?T: 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: See attached Date: Staff Initials: Phone: Contacted: Emailed: Materials presented at public meetings shall become property of the City of Meridian.. /~ (" February 18,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 22, 2005 ITEM NO~ 5-G REQUEST Agreement for Inspection Service with Rich Green 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: 5 Date: Staff Initials: Phone: Contacted: Emailed: Materials presented at public meetings shall become property of the City of Meridian. (:: ( RECEIVED FEB 2;2 2005 PERSONAL SERVICES CONTRACT City of Meridian City Clerk .Office BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "Ci ty" AND: GREENE FIRE PROTECTION & SAFETY SERVICES, INC., an Idaho corporation, hereinafter "Contractor." DATED: This _ day of , 2005. PREMISES: 1. Whereas, the City of Meridian provides fire protection inspection services and plan reviews for structures constnlcted witllin the City of Meridian; atld 2. Whereas, the City d.esires to facilitate the provision of those services by using the personal services of Greene Fire Protection & Safety Services, Inc.; and 3. Wllereas, the Contractor has been providing such services to the City and l1as established a good. reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and fire protection inspection services. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract sh.all become effective on the 15t day of March, 2005, and lluless earlier terminated or extended, shall expire on or before September 30, 2005 ~ 2.. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attacl1ed hereto and herein incorporated by reference. 3. Compliance With Applicable Law. Co"ntractor sIlall comply with all Federal, state, city, and local1aws and ordinances applicable to tIle work tInder this contract, including, witl1011t limitation, the provisions of Idaho Administrative Rllles and the rules and interpretations of the International Fire Code and the International Fire Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. Contract for personal services - Greene Fire protection & safety services, Inc. page 1 ('..: .. 4. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City ~ Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act 5. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain., or may pertain, to services und.er this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period often years, or such longer period as may be required by Idaho Code ~ 50-907. 6~ Payment of Contract Plans Examination and. Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 65% of the Commercial Fire Code Review Fees that are collected annually. (b) 65% of permit fees for: 1.. Cooking hood fire extinguishing systems 2~ Commercial Fire Alarm Systems 3~ Commercial Fire Sprinkler Systems 4. Fire Sprinkler Systems for Commercial Tenant hnprovements, Remodels mId Upgrad.es. (c) Re-Inspection Fees: 1~ 90% oftl1.e fee collected for the first hour, and 65% for any time thereafter that for re-inspections as a result of non-compliance. Fee shall be based on the current Meridian Fire Department .Fee Schedule~ The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and. clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of, maintenance of fire protection systems, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Fire Code and the International Fire Code contract for personal services - Greene Fire protection & safety services, Inc. page 2 Standards, pllblic assistance, and/or any other business transactions that would need to be conducted by the Fire Protection Plans Examiner & Inspector that are directly related to providing services under this contract~ If the Contractor desires additional services that are not herein above provided by the City of Meridian, then those additional services shall be at tIle sole cost and expe.nse of the Contractor. 7 ~ T'efmi n. ~iion~"0:~:~:;":..':::""';":'~"~;;;:":"'''\.. (a) Allor part of this contract may be terminated by mutual consent of both parties in writing. (b) If Rich Greene ceases to act as tIle Fire Protection Plans Examiner & Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In. addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later d.ate as may be established by City u"nder the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under tllis co.ntract; (ii) If any professional license, insurance, bond or certificate required by law, regtllatiol1 or this contract to be held by Contractor to provide the services required by tbis contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangerin.g the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and nIles, including applicable Building and Fire Codes and Idall0 Administrative Rules~ (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to .provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in tIle performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in tIle best interests of the City. contract for personal services - Greene Fire protection & safety services, Inc. page 3 (.~ (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension tl1ereof; or (ii) If Contractor fails to .perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract~ A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rigllts, remedies or provisions, whether or not silnilar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 8. Designated Fire Protection Inspection Official. Greene Fire Protection & Safety Services, Inc. acknowledges that Rich Greene is designated. as the licensed Fire Protection Plans Examiner & Inspector for Contractor, with the primary responsibility for providing and performing all duties required under this contract for the City ofMeri.dian. If for any reaSOll Rich Greene fails or ceases to continue as th.e Fire Protection Plans Examiner & Inspector for the City of Meridian, Contractor shall be req.uired 1.0 give notice to the City of Meridian. 9. Independent Contractor. Contractor is not an officer, em.ployee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of tIle following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract~ (b) Contractor is not entitled to any bel1efits generally granted to City employees. Without limitation, bllt by way of illustration, the benefits Wllich are .not intended to be extended by this contract to tIle Contractor are: vacation, holiday, sick, or other leaves afpay; medical or dental inSllrance; Of, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's com:pensation coverage under this contract (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: contract for personal SelVices - Greene Fire protection & safety services, Inc. page 4 ( i. Administration support expenses ii~ Office space with furniture iiL Computer systems, including software and printers iv ~ Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account (f) In the event a review by the United States Government, the State of Idaho, or any agen.cy determines that this agreement constitutes an employee-employer relationship, the Contractor agrees to reimburse City for all employment costs as a result of that determination. 10. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, lminterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior writtell consent of the City. City Inay withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions -of this contract shall be binding u.pon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 11. Transition. In the event this contract is terminated, or is not renewed or extel1ded., the parties agree th.at a period of transition will be necessary to assure adequate protection of the pu.blic and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provid.e su.ch services as are requested by City~ During the thirty (30) day period, City will com.pensate Contractor $80~OO per hour for each .hour worked. Contractor will su.bmit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 12. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage wl1ile serving the City pursuant to tl1is contract.. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined sin.gle limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by tIle insurance company of the insurance policy contract for personal services - Greene Fire protection & safety services, Inc. page 5 ( ..... t.. . \~,...... .. . referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days~ City has the right to suspend portions or all of the services, operations and duties due u.nder this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is othetwise with.out general1iability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional hlsured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30-d.ay Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional1iability insurance for the services under this contract in an amount n.ot less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for tIle services under this co.ntract. (1) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Services Manager. 13~ Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense reSlllting from or arising out of the work performed under this contract and arising from the sole or joint negligence of tIle Contractor. Likewise, subject to th.e limits of the Idaho Torts Claims Act, City shall save, 110ld 11armless and indenlnify Contractor from all clailTIS, suits, actions or costs, including attorney fees and costs of defense resulting or arisin.g out of this contract and arising from the sole negligence of City. 14. Nondiscrimination. Co.ntractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. contract for personal services - Greene Fire protection & safety services, Inc~ page 6 (' : ~:...: 15. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefro.m, is brougllt for failure to observe any of the terms of this contract, the non- prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 16. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho )Vithout resort to any jurisdiction's conflict of laws rules or doctrines. Any""61aini:~"action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided., however, if the claim must be brought in a federal forum, tllen it shall be brought and conducted exclusively within the United States District Court for Idaho. 17. Subject Employers. The Contractor, its subcontractors, if any, and all employers working llnder this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires theln to provide worker's compensation coverage for all their subject workers. 18. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties.. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Divisio.n. 19. Severability.. The terms of this Contract are severable and a determination "by an appropriate body having jurisdiction over tIle subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract Dated day of , 2005. Contract for personal services - Greene Fire protection & safety services, Inc, page 7 c.:...... . .(~."""". . . (. . ~ . ~< GREENE FIRE PROTECTION & SAFETY SERVICES, INC~ RICH GREENE, PRESIDENT CITY O.F MERIDIAN By: TAMMY de WEERD, MAYOR Attest: WILLIAM G~ BERG, JR., CITY CLERK STATE OF IDAHO, ) :. S8: COllnty of Ada, ) On this day of ,2005, before me, the undersigned, a Notary Public in and for said State, personally ap.peared Rich Greene, known or identified to me to be the President of Greene Fire Protection & Safety Services, Inc., and w]lose name is subscribed to tIle witllin instrument, and acknowledged to me that lle executed the same for Greel1e Fire Protection & Safety Services, Inc. IN WITNESS WHEREOF, I 11ave herelIDto set my hand and affixed my official seal tIle day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: contract for personal services - Greene Fire protection & safety services) Inc~ page 8 ("" ". STATE OF IDAHO, ) : 58: County of Ada, ) On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on be11alf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: contract for personal services - Greene Fire protection & safety services, Inc. page 9 ( l \..~ EXHIBIT" A" SERVICES TO BE PERFORMED BY GREENE FIRE PROTECTION & SAFETY SERVICES, INC. }.. Computerized Permit Tracl{ing Program. Contractor shall provide data and input into the City ofMeridial1's computerized Permit Tracking program. All pe~it applications received 811all be entered into the program and each step of the permit. process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Permit Tracking program shall never be allowed to become more than two working days behind the current status of each permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Departmel1t located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho.. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as d.etermined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, constnlction, quality of materials, erection, installation, alteration., repair, location, relocation, replacemel1t, addition to, use ot: maintenance of fire protection systems, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of th.e International Fire Code and the International Fire Code Standards, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Fire Protecti.on fuspector. If the Contractor desires additional services that are n.ot herein above provided by the City of Meridian, then th,ose additional services shall be at the sole cost and expense of the Contractor~ 3. Coordination. Contractor sIlall mutually coordinate plan reviews with the City Planning officials, Public Works officials 8J.1d appropriate fire marshals. Field ins.pections will verify and incorporate requirements of approved plan documents on Wl1ich permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager for any potential conflicts of interest it may have relative to a construction project 5. Administration and Enforcement of Codes and City Ordinances. Contractor s11all enforce and comply with fire code provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its fire codes, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's fire codes, or otller ordinances of which Contractor has knowledge. contract for personal services - Greene Fire protection & safety services, Inc. page 1 (: {:.. . 6. Organization of Contractor~ City shall be apprised in writing of Contractor's corporate organization and nalne of Directors at all times. All perso1ll1el and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made~ 7. Performance of Services and Duties. Contractor, who is the Fire Protection Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager~ 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services at $80.00 per hour.. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information., assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review bllilding codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Elnergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor~ 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qllalified perso"nnel or subcontractors to allow City to provide timely inspections and reviews of Fire Protection "proj ects in the City. The following performance standards are ex:pected. Com.mercial building "plan review: 1 0 working days after receipt of complete application. Sprinkler & Fire Alarm System Plan Review: 15 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. 1 O. Mobile Communica.tio.ns. Contractor will provide its persollilel, at its own expense, and reqllire its subcontractors to maintain at their own expense, celllllar telephol1es with voice messaging. 11. Reporting. Contractor sIlall submit the following reports to the City on a monthly basis: · Complete summary of all permits issued as to type and dollar amount for that month and year to date; and contract for personal services - Greene Fire protection & safety services, In.c~ page 2 February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 1, 2005 ITEM NO. 5-0 REQUEST Sewer Service Contract for the North Slough Sanitary Sewer Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (. : ( /. \ 'D --~ C-l4-' T V~ Iii JL ltl J.-A ~ JL:J ~ i!J ..LJI FEf3 2 4 2005 City Of IVleridian. City CIerI\: Office To: Will Berg; Tara Green From: Clint Dolsby I Staff Engineer CC: Brad Watson, Public Works Director Date: 02124/2005 Re: Proposed Agenda Item for March 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 1 City Council agenda, under Consent Agenda, for Council's consideration~ 1 ~ Sewer Service Contract for the North Slouch Sanitary Sewer Proiect A sewer services contract has been signed by the developer of Ventana Subdivision for the reimbursement .of the construction costs for the sanitary sewer services in their development north of McMillan Road and east of Meridian Road for this project Recommended Council Action: The Public Works Department recommends that City Council approves the sewer service contract for the reimbursement of the construction costs for the sanitary sewer services in the development north of McMillan Road and east of Meridian Road for the developer and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 ( .r f (~ February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 1, 2005 ITEM NO. 5-C REQUEST Correction to the Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer Project 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 WESf: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeflngs shall become property of the City of Meridian. (n-:~..:.. I ,<.. . ~. ...:~..:: ~...:z.~ .......r .-n.... ~ ~ ....~~ ~Nr~\ ~~-=04_;:1 ~s I ~ 1 k1 \;s! t~! l~ ~ ~1 ti L 9 f:{ J \ i& ~;:. .~ M ~ tr~.~~ M ~R t~.Z vr;. 1 i* ~ t~] 4 R d ~< U j if .IL 't?...~ ~_l-'j) .t~/. ~ -0,... \< . ' ~ "'--'" F [:.f3 2 if 2005 ~ ;} ~ City Of IVlenllla11 City Clerl~ Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02122/2005 Re: Proposed Agenda Item for March 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 1 City Council agenda, under Consent Agenda, for Council's consideration. 1 ~ Correction to the Pennanent and T emPQra~ Easement Contract for the North Slough Sanitarv Sewer Proiecl The permanent and temporary easement that was recorded for Dwaine and Sharon Woft for the construction of the sanitary sewer on their property north Of McMillan Road and west of Meridian Road for this project: has been corrected to accurately represent the boundaries of the easement Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract correct legal description for the construction of the sanitary sewer on the property north of McMillan Road and west of Meridian Road for the landowners Dwaine and Sharon Wolf and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items, . Page 1 (' February 25, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 1, 2005 ITEM NO, 5-E REQUEST Award of Bid for North Slough Trunk line to Sommer Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DE?T: 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 meeUngs shall become property of the City of Merldlan~ / (- ( {~ ."f~" T:i //~ 1r:1. "y"t\;-llf:1 ~I f.~: {1,$ f1A g "" '0-J M"~ t11 '" f? J[l} J::j ~J J~j JL ~ JLJ _L-P FEB 2 Ii 2005 (~ity Of lvleridjan f]ity Clerl{ Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02124/2005 Re: Proposed Agenda Item for March 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 1 City Council agenda, under Consent Agenda, for Council's consideration: North Slough Trunk Una. Two bids wer~ received for this project as summarized below and detailed in the attached spreadsheet: o Sommer Construction Masco, Inc $1,137,260.00 $1,181,602.00 8 The Project consists of the following work: Construction of sanitary sewer trunk work including approximately 10,000 feet of pipe ranging in size from 8" to 24", manholes, irrigation crossings, access road and miscellaneous appurtenant work~ Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the North Slough Trunk line with Sommer Construction for $1, 1 ;J7,260..00 and authorize the Mayor to sign it. Thank you for your consideration.. Please contact me if you have any questions regarding any of these items. . Page 1 ( February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 1, 2005 ITEM NO~ 5.F REQUEST Award of Bid for WWTP Generator Building Construction Contract to Challenger Companies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: 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 Contacted: Emailed: Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: i {<:. ... (d: . ( .. . ... . . .. RK. EC~IV~D. 1~ ~ J .l2J, ~ JL.:J. FEB ;! it 2005 . . . . .. . .. . . ..... .. .. . :--:-- -:-..c itY.: :01 :- M entl ia:I1:-:---::---:: -:- ---.:-:: _:_:: :-' ::. .....u : .....:.. :.:.:.:: :.:...:...:. Public .Works_ Dept-~ ..... .. . . .... . .. ..:.;..... . -.... -. ..: . -. .:... ...:. . .... . :. . . .. . . . . City Of IV1eridian City Clerk Office To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Date: 2/24/2005 Re: Proposed Agenda Items for March 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 1 City Council consent agenda: t WWTP Generator Buildina Construction Contract: Three bids were received for this building as shown below: e ..... Challenger Companies JC Constructers RSCJ Electric Service Co $262,670.00 <= Low Bid $278,OOO~OO $322,760.00 $359,000.00 e lit e The generators were prepurchased and are not part of this contract Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Challenger Electric for WWTP Standby Power Building for $262,670 and authorize the Mayor to sign it. WWTP Expansion Data Collection with Custom Electric: Attached is quote from Custom Electric for purchase and installation of hardware and software capable of logging, storing, and retrieving monitored data at the WWTP. Future expansions at the plant will be patched into this system. The system will provide valuable information for analysis of upset conditions, flow monitoring, lift station activity, etc. Hardware and software are approximately 800/0 of the total estimated price (not to exceed) $17,000. From LIte desk of. . . Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Lellard GI-ady Sta IT Engineer Meridian Public Works Department 660 E4 Wa terto\ver, Sui te 200 Meridian, Idall0 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 grady]@meJidiancity.org C. ~\ Custom Electric for purchase and instillation of data collection at the WWTP for $17,000 and authorize the Mayor to sign it. Waterline Easement - Victorv Road: Attached is a temporary construction easement and permanent waterline easement for installation of waterline on Victory Road west of Meridian Road~ The cost for the easement is $1,000. Recommended Council Action: The Public Works Department recommends that City Council approve the easement with Burke P. Jones, John B. Ferguson, Idaho Holdings LLC for $1 ,000 and authorize the Mayor to sign it. License Agreement with ACHD for Well 10 Flushinq Station: Attached is a license agreement with ACHD for installation of a discharge from Well 10 to storm drain on Willow Brook Drive. Recommended Council Action: The Public Works Department recommends that City Council approve the License Agreement with ACHD for instillation of a discharge line from Well 1 0 into an existing 27" storm drain and authorize the Mayor to sign it* License Aqreement with Nampa Meridian Irriqation District for Flush Lines: Attached is a license agreement with NMID for construction of flushing lines into five mile drainf nine mile drain~ and ten mile drain. Recommended Council Action: The Public Works Department recommends that City Council approve the License Agreement with NMID for construction of flushing lines into Five Mile, Nine Mile, and Ten Mile Drains and authorize the Mayor to sign it.. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 (. ~\ February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 11 2005 ITEM NO. 5-G REQUESf Agreement with Custom Electric for the WWTP Expansion Data Collection 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: See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( (... \< :_J[~'~~>..J~~~ <<:.:::y^.:: . ::~~~.:~.::: ::/[ ....'~:l:~ .1f:;[~ :1:-)1 F' i= :0 ,:: Ii 2005 '~...~:~~.\ ~.~,:,-r f~ i ~l;~t~~ (~ f~\ ~:~'~;~ To: William Berg. Jr. From: Lenard Grady CC: Brad Watson Date: 2/24/2005 Re: Proposed Agenda Items for March 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 1 City Council consent agenda: WWTP Generator Buildinq Construction Contract: Three bids were received for this building as shown below: o Challenger Companies JC Constructers RSCI Electric Service Co $262,670.00 <= Low Bid $278.000~OO $322,760.00 $359,000.00 e CD 0: The generators were prepurchased and are not part of this contract Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Challenger Electric for WWTP Standby Power Building\for $262,670 and authorize the Mayor to .sign it.. v WWTP Expansion Data Collection with Custom Electric: Attached is quote from Custom Electric for purchase and installation of hardware and software capable of loggingt storing, and retrieving monitored data at the WWTP. Future expansions at the plant will be patched into this system. The system will provide valuable information for analysis of upset conditionsf flow monitoring, lift station activity, etc. Hardware and software are approximately 800/0 of the total estimated price (not to exceed) $17,000. From the desk of. ~ . Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Waterto\ver, Suite 200 Meridian, Idaho 83642 . page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@metidiancity.org :: (,...... . (. Custom Electric for purchase and instillation of data collection at the WWTP for $17,000 and authorize the Mayor to sign it. Waterline Easement - Victory Road: Attached is a temporary construction easement and permanent waterline easement for installation of waterline on Victory Road west of Meridian Road~ The cost for the easement is $1,000. Recommended Council Action: The Public Works Department recommends that City Council approve the easement with Burke P. Jones, John B.. Ferguson, Idaho Holdings LLC for $1 ,000 and authorize the Mayor to sign it. License Aqreement with ACHD for Well 10 Flushina Station: Attached is a license agreement with ACHD for installation of a discharge from Well 10 to storm drain on Willow Brook Drive. Recommended Council Action: The Public Works Department recommends that City Council approve the License Agreement with ACHD for instillation of a discharge line from Well 1 0 into an existing 27" storm drain and authorize the Mayor to sign it. License Aqreement with Nampa Meridian Jrriqation District for Flush Lines: Attached is a license agreement with NMJD for construction of flushing lines into five mife drain, nine mile drain, and ten mile drain4 Recommended -Council Action: The Public Works Department recommends that City Council approve the License Agreement with NMID for construction of flushing lines into Five Mile, Nine Mile, and Ten Mile Drains and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any qu~stions regarding any of these items. (l) page 2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Custom Electric (hereinafter called CONTRACTOR)4 OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Wark as specified or indicated in the Agreement The WORK. is generally described as follows: The project includes installation of hardware and INSQL software at the WWTP. The Project for which the Work under the Agreement is described as follows: WWTP Data Collection. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Warks Department will be the ENGINEER.. The City of Meridian Public Warks Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in cOlUlection with completion of the Work in accordance with the Contract Documents~ Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time conunences to run~ Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Wark in current funds as follows: Total Contract Price is $17,000..00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the W ork~ Applications for Payment must be submitted to the Public Warks Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Warks Department prior to the 1st day of that month~ All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Wark covered by this Agreement. Upon completion and acceptance of the Wark, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 3/31/2004 page 1 Article 6 INTEREST It All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Proj ect, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the O"\^lNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Wark, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the W orkt 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Warks Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereofby ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - Nt A. 8.3 Information For Bidders - N/A. 8.4 Drawings - Nt A. 8.5 -CONTRACTOR's Quote - 2/16/2005. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Infonnation For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The. Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), -and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 3/31/2004 page 2 9,,2 OWNER and CONTRACTOR each binds itself: its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OV1NER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER.. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf: The Agreement will be effective on , 2005. Owner CITY OF MERIDIAN Contractor: Custom Electric By: Name: Mayor.De Weerd By Attest: Name: William Berg~ JL City Clerk City Council Approval: 3/1/2005 3/31/2004 page 3 (,. Custom Electric, Inc. 2800 West Idaho Blvd. Emmett, Idaho 83617 Ph, 208-365-2700 Fax, 208-365-2768 Idaho Public Works License # 12614-A-4(14) Idaho Electrical Con tractor # C-03774 Date: February 16 t 2005 To: City of Meridian Public Works Dept Attn: Len Grady Quote ....: ....:...: ..>.. ... : :.: :. ..... ...:.."". : ... .;. ~ .~.... .:...::./- .:-. :. .. ........ . ... .:. . -: ...: .:. . ..: -":"... 0 Ese RIP T [0 N .:...: :..- :-::> .:.. ...:. .... ..:. .... :.. : :. .. . .. :.... -::: .. .: ..: .....:::- ...:.::: .: .. :. :-~ . ..: . :.. . .. : :.... ... : ... :. .:.: .:. ...:......~ .. ... .: :;: ....... .....:: ~ . ~ . . ~ .:....; .. < :;.:: . ..: : : ... :. ~ : ... < . :. :. : ~ .:. .:.. :... . .:...: TOT A L .. . .: .... Quote for New InSql at Meridian WWTP Quote includes the following: 5000 Tag WonderWare InSql 8.0 1 Seat License for ActiveFactory Computer for new WonderWare Software Computer Specs - Dell, XP Pro, OfficeXP Installation of provided software on new computer including connection to existing WonderWare InTouch Application and Tag configuration Includes necessary cabling, switchest etc needed for connection Quote Cost 17,000.00 17 tOaD.DO ( February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 1, 2005 ITEM NO. 5.H REQUEST Waterline Easement Agreement with Bruke P. Jones; John B.. Ferguson, Idaho Holdings LLC for Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: 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 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (" ;. \ WATERLINE EASEMENT THIS INDENTURE, made this ~~ day of ~~ber ,2004, between Burke P. Jones, John B. Ferguson, Idaho Holdings, L.L.C., an Idaho Limited Liability Company, and Michael E. Huter; the parties of the first part, and hereinafter called th~ GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE. WITNESSETH: WHEREAS, the Grantee desires to extend a public waterLine across the premises and property hereinafter particularly bounded and described; and WHEREAS, the waterline is to be provided for through an underground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said waterline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration) the Grantor does hereby.give, grant and convey unto the Grantee the right-at-way for the permanent waterline easement and temporary construction easement for the construction, operation and maintenance of a waterline over and across the following described property: SEE ATTACHED EXHIBITS "'A", uB", and uC" THE PERMANENT EASEMENT hereby granted is for the purpose of construction and operation of a waterline and allied facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and alL times. This grant is made on the foLlowing terms: TO HAVE AND TO HOLD, the said permanent easement and right-af-way unto the said Grantee, itts successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement (including ornamental shrubs, ground cover and other decorative landscaping). HoweverJ the Grantee wiLL not be responsible for repairing, replacing or restoring any permanent structures or large trees placed within the area described in this easement. The Grantee also agrees to the following: WATERLINE EASEMENT Page 1 of 8 c (...:_u.... 1. The Grantee will pay the Grantor $1,000 for the permanent easement. Said sum wHt be paid upon the completion of the construction on the property. 2. The existing trees within the limits of the temporary construction easements that are to be cut down for the construction of the waterline, and the resulting stumps, will be completely removed from the property and disposed of by the Grantee. In addition, the Grantee agrees to mow the weeds on the south side of Ten Mile Creek prior to the completion of work on the site. 3. The construction of the waterline will not impact the eXisting agricultural operation on the site and will not disrupt the delivery of irrigation water nor the drainage of waster water from the fields. 4. The Grantor may construct a berm and instaLL landscaping, provided that no trees are planted within 5' of the permanent easement. 5. Construction of the waterline will occur between October 1, 2004 through March 31,2005. Weather limitations may necessitate a time extension for completion of final surface restoration and grading as mutually agreed by the Grantor and Granteeot THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures or trees within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawfuL right to convey said easement, and that he wilL warrant and forever defend the titLe and quiet possession thereof against the lawful claims of all persons whomsoever. THE TEMPORARY CONSTRUCTION EASEMENT is for the purpose of construction of a waterline and related incidental work. The temporary construction easement shall expire when the construction contract terminates. This grant is made on the following terms: AUTHORIZED USES BY GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a water main on adjoining and abutting property owned by GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for alL other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such water construction and improvement" and for ingress and egress to and from the Dominant Estate. USE BY OTHERS UNDER GRANTEE~ The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's Commissioners, employees, contractors and agents. TERM. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminate on the completion of the water main extension project construction on the Dominant Estate. On the expiration of the term of this Easement, the WATERLINE EASEMENT Page 2 of 8 ( flghts and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be nulL and void and of no further force and effect. INDEMNIFICATION. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defendlng any such claim, that shall result from the use of the Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents, hereunder. RESTORATION ON EXPIRATION OF TERM. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEE, at its soLe cost and expense, to at least as good a condition as existing on the date of this Indenture. BINDING EFFECT. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. APPURTENANT. The Easement herein granted is appurtenant to the Dominant Estate. WATERLINE EASEMENT Page 3 of 8 08/22/2004 18:12 FAX 2083239~ ( ~004/01' IN WITNESS WHEREOF, the parties hav hereinabove written I their sisnatures the day and year first STATE OF IDAHO) ) 55 County of Ada ) On th1s 2?I!- day of - J 2004, before me r~(lrV1~r.. S & '1\ILat1~./t1E- pernonallyappeared J?JL~.t'l1L P & 0ortl6 ------0, proved to me on the bases of satisfactory evidence to be the persons whose names is subscrfbed to the within instrument, and acknowledged that they executed the same. :\\\"" nlll n 11l1111t ~\\.,' S M '1111/. ~"'\ &, ~ .Ill ~ . &~~ $- ~ * <l.. ~ ,._.11'" fL\./,~ r!:: ~',f& ~~..~ ~ -. ....- ~ ~ ~ ~ .. ... ~ $~.... 0 -J"- ~~ ~-c..s ~~ ;-~ \.. 9S E: : ~ = : ---- : := ~ ~ ^ 0: $ ~ ~ n. rv.l ~ '- "'III _ ~ ;: ~ u ~..... vB' , .,.....~ ~ ~ ~ ~. # \..- ..fit." :.-<-. -.... ~ ~ .., i ."f'.."" &,t. <"\. ~ ~- % /) 0 F \ 'v ~~ ~l \ \.\'" '1'1111/ \\\\,..... 1IIIIIItll II L'\1\l\\.'.\ ~cUVa~ S ~ 1 NOTARY PUBLIC FOR IDAHO My Commission Expires on eel iD I ;;J..co8' WATERLiNE EASEMENT Page 4 of 8 08/22/2004 16:12 FAX 20832383L ( ~ 005/0 11 IN WITN ESS WH ERE 0 F, the parties have hereunto su bscn bed thei r signatures th e day an d year first hereinabove wr1tten~ John B. Ferguson STATE OF IDAHO) ) 55 County of Ada ) L\ =:'0- =r ~.:r\e- On this~l~day of ~~2004, before me ::r u \~~.rl_ L) Fc:::.;(~ r personally appeared ~ o~ -n ~e.r~lJ-~~\'\.... J proved to me on the bases of satisfactory evidence 0 be the persons whose names is subscribed to the withfn 1nstrumentz and acknowledged that they executed the same. ",\\utDI!ItI1!tt · ~~% t.ut' ~ ftt'" b.t.- J. C A. ("r ~ 1'.,.#. ~'+ Q~" 0 # ~ *#. ~ ,~ .. ~A ~ ~ V -..;v- ~ ~ .. .. t: .s.OTA1l....; - ~ ~ - - . - . :: * ~.et : * : t:I ,.. _ _ ;. /lUB. \V : ~ S .... J.I 11& .. fit ~ -. .- "" .. ~ ~ -. .. 4~~ ~ ~~ ~ ........ ~~T~~ ~.~.~.<'r13 0 F \\) ~~~:.~~~ .. ~ ... ... - - ~ ... ~ ~ ~,:. ~. ~.... . My Commission Expires on q r \ l lO.9 WATERLINE EASEMENT Page 5 of 8 t,_, _ _ . ( \ IN WITNESS WHEREOF, the parties have hereunto subscribed their si atures the day and year first hereinabove written. I aha Holdings LLC By: Mark Bottles, Members STATE OF IDAHO ) ) ss County of Ada ) On this / eday of t) , 2004, before me personally appeared . ~rl(, 15t'JfI/~s proved to me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. My Commission Expires on /GJ~ 9 ~ Z t>/L? WATERLINE EASEMENT Page 6 of 8 09/22/2004 18:12 FAX 2083238~ 1lI007/011 IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. Michael E. Huter STATE OF IDAHO) ) 5S County of Ada ) On thfs "lib day of ,2004, before me CMile S.M.M~ personally appeared nR. proved to me on the bases of satisfactory ev;dence to be the persons whose names is subscrlbed to the within instrument) and acknowledged that they executed the same. :\\\\"'11 t II r tr ~ II "'I/. ~...~\,\' S A 'A 111111. ~~ ~~ ' .. vvl4 ~~~ .,~ #~~ ~....."'.. ~~~ ~4 ::;:. ~~.' TA ...~). ~ .1 ~ ~ .,' 0+ ~~ #. X~~.. ~r~-. '''r~. :: "-' -~ -.L~ trt~~ f ~ --~ j j 5~ ::: ,. ~. . l' ::::" % ~ -:.... U8' ,U ,$.~ ! ~ ..L? ~#. \.- t'-- ""- 'A: $ ~i)' /~ "."",..,'' '(\~:, ~, OF \\1,~ 'Q;l'f~. ,\\~<' Tr "(11 i i IF n ~ In \ \ 1\\\" My Commfssion Expires on (,'lQ/~8 WATERLINE EASEMENT Page 7 of 8 GRANTEE: CITY OF MERIDIAN Tammy deWeerd, Mayor Attest by William G. Berg Jr.., City Clerk City Council Approval Date: WATERLINE EASEMENT Page 8 of 8 !._.~_.~--->-_." -_ ~._ -~- _.._~________-___-- ~_~ _~__,~..,____, ._. __ ___- .~~ .___....._.._~_____..~~_~__._____~.A._~~____ .___._._~.. _----: ~ .,.~ oJ: ~... ~ ~ ... .~ . :. . " . .:. . ~ .. : ~. ..... ~ ~. ~ . .. ~ ~ .;. . ~.. -., ~ ..: : ~. ~;~ ~ . : .. .. ~ .- ;... ~ ~ ~ ~ . \ . .. .. ~ ~ ~ ~ . . ~' ; ~ ~ Q *1 . o <:( o 0:: W ---1 ~ Z wr ~ J-1 J i~ PROPOSED WA TERLINE 10. PERMANENT WATERLINE EASEMENT (191 0 S.F.) M~ W S 14 FRANKLIN ROAD THISOOC\JMfHT.AM)~~':i.:~;=IIiCOflPOAATmI1SlE1H CADFU: E~l8fT_PE~ ~. ,.. :~.< . ASAAt.I:STRUMIJfT Of' PftonsmoNAL!iaMCE.!Z= lMEflAOPtR1Y~ PROJ. f!:. ".~ ""-..:..1 .. U :L!B . J..U.I; IJlGIMURS.1fIC. NolO.IS NeTTO lIE UUO. IN 'M'IOlE OR I"AAT. 'LOT SCAlE: ...... ,-'_ .,:-: ,; ~ " ~ .:i j ~~~~=:r:~~s~ ~:::.:~~ - - - .~,' DES~ nY~ NlYfI nth I'tf:l II 5I.N'~ II Pjon.n..;. NO REV1S~ON DESCRtPTlON 8V .lP'A 0" TE C~ fCtI: EO 8V: PH( . -. . .. ~ ~:.,:.::" . N. ~ 60 30 o 60 SCALE: 1u=60' 120 PARCEL #51211336062 2954 W. FRANKLIN RD. APPROX. 1 00. NMID EASEMENT FR-ANKLIN ROAD WATERLINE EXTENSION MERIDIAN ADA COUNTY fDAHO FERGUSON & JONES PROPERTY PERMANENT WATERLINE EASEMENT ~ EXHIBIT A SHEET 1 OF 1 ~ ~~.U.B } (" (~" -. \~~ .. Engineers Surveyors Planners EXHIBIT B Project: Grantor: ParceL No: Date: 11873 John Ferguson 8: Burk Jones 51211336062 August 26, 2004 PARCEL DESCRIPTION PERMANENT EASENlENT That portion of the Southwest % of the Southwest 14 of Section 11 J Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached. exhibit, and more particuLarly described as follows: Commencing at the Southwest corner of Section 11; thence along the SoutherLy boundary of said section, South 89D09-31t' East, 180.39 feet; thence North OQo50t29U East, 32.84 feet to the Northerly right-af-way of Franklin Road, the POINT OF BEGINNING; thence North 570 50145" East, 41.57 feet; thence North 86 D 03t09~' East, 121 ~20 feet; thence South 48 f) 56'51 I' East, 51.61 feet to the Northerly right-of-way of Franklin Road; thence a long said right-of-way, North 78024132" West, 20. 33 feet; thence North 480 56151~. West, 29.. 77 feet; thence South 86003'09" West, 114.55 feet; thence South 570 50'45" West, 18.13 feet to the Northerly right-of-way of Franklin Road; thence along said right-of..way, South 83 0 23'35u West, 23.19 feet to the POINT OF BEGINNING~ TOG ETH ER WITH: Commencing at the Southwest corner of Section 11; thence along the Westerly boundary of said section, North 0011 51 '56.' East, 291. 93 feet to the POINT OF BEGINNING; I · thence continuing along said boundary r North 000 51-561t East, 1 0.00 feet; thence South 89 D 08104-.1 East, 55. 16 feet; thence North 000 51t56'. East, 77.37 feet; thence North 44D0810411 West, 78.00 feet to the Westerly boundary of Section 11; thence along said boundary, North OQo51'S6tF East, 14.14 feet; thence South 44008'04" East,- 92. 14 feet; thence South 00051-56" West, 91-.51 feet; thence North 89C10S-04n West, 65.16 feet to the POINT OF BEGINNING~ Containing 0.096 acres (4, 182 square feet), more or less. END OF DESCRIPTION RMH/TLK:lhc F:\ProjectManagers\PHK\ 11873-S1ack ~at\ 11873-Sur\Oescriptions\FergusonaJones-ESMT.doc * < rb 3- ~ o <( o a::: w -.J ::E z W I- " " " " " " " '. " BORE PIT / f (~ N. TEMPORARY CONSTRUCTION EASEMENT (7175 S.F.) BORE PI T 6~ 1~O ~ --0 60 SCALE: 1 II = 60' ~ ~~ ~, / ~Q" Gl " " "- " , " <:; (.'0 Q , PARCEL #51211336062 2954 W. FRANKLIN RD. APPROX. 100' NMID EASEMENT TEMPORARY CONSTRUCTION EASEMENT (2684 S.F.) "1 ~~ --- [P ~ l:.P FRANKLIN ROAD ~~ ------ ~':n~:r~g::;il;::~~;~~~~~r;o~H :~~::l::IIUT_TEMP ~ FRANKLIN ROAD WATERLINE EXTENSION SHEET ~~~~~~~~~=~~~~~NS~PAATI PLOTSC~~1...ar r J~U"B .l MERIDIAN ADA COUNTY IDAHO 1 AUTHORlZATION Of J-lJ-a ENGIH.E];RS~ me.. DRAWlNG NO. ~ - - ~ ORAWHBY; NWR ____ FERGUSON & JONES PROPERTY OF NO REVISION DESCRIPTION BY APR DATE ~::~:e:Y~Y~K gt'I.... .~. Ptooo.. TEMPO RARY CONSTR UCTION EASEM ENT - EXH I B IT C 1 ( February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 1, 2005 ITEM NO. 5-1 REQUEST license Agreement with ACHD for Well 10 flushing station 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: SBTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Contacted: Emailed: Date: Staff Initials; Materials presented at public meetings shall become property of the City of Meridian. Phone: /.v.-.... (-..:::: - -- -. Custom Electric for purchase and instillation of data collection at the WWTP for $17,000 and authorize the Mayor to sign it. Waterline Easement - Victory Road: Attached is a temporary construction easement and permanent waterline easement for installation of waterline on Victory Road west of Meridian Road. The cost for the easement is $1,000. ~ Recommended Council Action: The Public Works Department recommends that City Council approve the easement with Burke P.. Jones, John B.. Ferguson, Idaho Holdings LLC for $1,000 and authorize the Mayor to sign it. License Aqreement with ACHD for Well 10 Flushing Station: Attached is a license agreement with ACHD for installation of a discharge from Well 10 to storm drain on Willow Brook Drive. Recommended Council Action: The Public Works Department recommends that City Council approve the License Agreement with ACHD for instillation of a discharge line from Well 10 into an existing 27" storm drain and authorize the Mayor to sign it. License Agreement with Namoa Meridian Irriqation District for Flush Lines: Attached is a license agreement with NMID for construction of flushing lines into five mile drain, nine mile drain, and ten mile drain. Recommended ~Council Action: The Pu blic Works Department recommends that City Council approve the License Agreement with NMID for construction of flushing lines into Five Mile, Nine Mile, and Ten Mile Drains and authorize the Mayor to sign it~ Thank you for your consideration. Please contact me if you have any qu~stions regarding any of these items. CD page 2 I.... \ (~ \. e()~utta ~c.e- John S. Franden, President Sherry R. Hubert 1st Vjce President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnoldi Commissioner February 9, 2005 City Of Meridian Mr~ Lynn Grady 660 E Watertower Ln Suite 200 Meridian, Idaho 83642 Dear Mr. Grady: Enclosed is the License Agreement you requested. Please sign the Agreement and return it to the Ada County Highway District for signature. Upon ACHD signature, a copy of the License Agreement will be returned to you. Should you have any questions; please call me at 859-2675. Sincerely, \ tV ~~:::...;eru Jennifer Likes Ada County Highway District Enclosure Ada county Highway District · 3775 Adams street · Garden Cityt 1D · 83714 · PH 208 387 6100 · FX 345-7650 · wwwoachd.adaJdous Property Management No. Street: Willow Brook Dr, Meridian T~3N~, R~ 1 E~t Sec. 6 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and entered into this day of , 2005, by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as nACHOIl and CITY OF MERIDIAN, hereinafter referred to as nLicenseeu; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED: SECTION 1 ~ RECITALS~ 1.1 ACHD owns and has exclusive jurisdiction over the public right-af-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit l'A" attached hereto (the "Right-af-Way"). 1 ~2 Licensee desires a license to use the Right-af-Way for the limited purposes hereinafter sf?t forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee~ SECTION 2. LICENSE; LICENSE NOT EXCLUSJVE~ 2.1 On the terms and conditions hereinafter set forth) ACHD hereby extends to Licensee a license on, over, across and under the Right-af-Way for the following uses and purposes C~Authorized Use") and no others: Licensee to construct and install a 60" manhole on the existing 27" storm drain pipe in Willow Brook Dr and run a 12" PVC line from the manhole to the well to flush the City of Meridian's municipal well #10 into the districts storm drain facilities in Wi/low Brook Dr. The City will flush th4e well into the district's facilities once or twice a year for maintenance and quality control purposes. Licensee to maintain and own the 12J~ PVC line and the District will maintain and own the new 60" manhole. Licensee to contact Digline Inclt1 prior to start of construction and coordinate with the various utility companies. Any costs to relocate utilities will be at the City~s cost. Work to be completed prior to Summer 2005 due to ACHD to chipseal overlay for this area. 2.2 This Agreement does not extend to Licensee the right to use the Rjght-of- Way to the exclusion of ACHD for any use within its_jurisdiction) authority and discretion LICENSE AGREEMENT - Page 1 (5/16/02 G:\ WillOW BrOOk J icense ag r~doc or of others to the extent authorized by law to use public right-af-way. If the Right-of- Way has been opened as a public Highway (as used in the Agreement the term UHighway" is as defined in Idaho Code S 40-1 09(5)) Licensee's Authorized Use js subject to the rights of the public to use the Right-af-Way for Highway purposes~ Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-af-Way and statutory rights of utilities to use the public right-af-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-af-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-af-way and Highways as authorized by Jaw and as it determines, in its sole discretion, is appro priate_ SECTION 3. CONSTRUCTION, INSTALLATION OF IMPROVEMENTS~ Any construction and/or installation by Licensee of improvements, including, without limitation, buildings, fixtures and landscaping (the "Improvements"), onJ over, across and under the Right-af-Way shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee~ SECTION 4. TERM. 4~ 1 The term ~ of this Agreement will commence on the _ day of , 2005, and will continue until terminated by either party, with or without cause) which termination shaH be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 4.2 If Licensee defaults ir) the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults) and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 5~ FEE~ Throughout the term of this Agreement, Licensee agrees to pay ACHD an annual fee for the Authorized Use of the Right-af-Way of $ WAIVED , payable in advance~ If this license is terminated under section 4 prior to the end of the period paid for in advance, ACHD agrees to refund the unearned prorata portion of such prepaid fee. SECTION 6. MAINTENANCE: FAILURE TO MAINTAIN: RELOCATION OF UTILITIES. LICENSE AGREEMENT - Page 2 (5/16/02 G:\WiIJow Srook license agrtdoc ('~~. . 6.. 1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices~ Licensee shall have access over, across and under the Right-af-Way for the purposes of accomplishing such repair and maintenance~ 6~2 If the Highway on and/or adjacent to the Right-af-Way is damaged' as a resu It of: (i) the performance by Licensee of the maintenance required by section 6..1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-af-Way to the same condition it was jn prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD~ 6.3 Notwithstanding the provisions of section 6.2, should an emergency exist related to the LicenseeJ~ use of this license which threatens the stability or function of the Highway on or adjacent to the Right-af-Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 6.4 Licensee will be responsible for the relocation of any existing utilities located on the Right-af-Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of-Way~ SECTION 7. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-af-Way be widened and/or realigned, redesigned, improved and/or reconstructed] Licensee hereby accepts responsibility for all costs for relocatingt modifying or othelWise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in. advance by ACHD in writing; provided Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modjfyor adapt the Improvements to the realignment and/or relocation and/or reconstructjon of the Highway and also licenses Licensee such additional area of its rjght-af-way, if any, as may be necessary for the proper operation of the Improvements. LICENSE AGREEMENT - Page 3 (5/16/02 G:\Willow Brook license agr~doc SECTION 8~ PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such workr and pay the required fees and otherwise comply with the conditions set forth therein~ SECTION 9. NO TITLE IN LICENSEE~ Licensee shall have no right) title or interest in or to the Right-af-Way other than the right to temporarily use the same pursuant to the terms of this Agreement SECTION 10~ NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-af-Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereofl or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of thjs Agreement, shall be at the sole cost and expense of Licensee~ SECTION 11 ~ TAXES AND ASSESSMENTS. Licensee ag"rees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement~ . SECTION 12. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right-of- Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-af-Way, ACHD may do so, and assess Licensee for the costs th~reof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right-af-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost~ Further provided, if the Authorized Use of the Right-af-Way under this Agreement is for landscaping in ACHD right-af-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-af-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of-Way~ SECTION 13~ INDEMNIFICATION~ Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for lossf injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right-af-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-af-Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such clajms or actions indemnified against by Licensee hereunder.. For claims or actions arising out of failures or neglects LICENSE AGREEMENT - Page 4 (5/16/02 G:\wmow Brook license agr~doc ( occurring during the term of this Agreement Licenseels obligations pursuant to this section shall survive the termination of this Agreement. SECTION 14. COMPLIANCE WITH LAW: WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-af-Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-af-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right-af-Way. Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees)) arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement~ SECTION 15. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of ACHDJ which consent will not be granted unless the assignee assumes all obligationsj warranties, covenants and agreements of Licensee herein contained. SECTION 16. A TTORNEYSf FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement) the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees~ SECTION 17~ NOTICE. Any notic.8 under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 3775 Adams Street Garden CitYf Idaho 83714 Attn: Right of Way Division LICENSE AGREEMENT - Page 5 (5/16/02 G:\WiUow Brook license agr.doc If to Licensee: City of Meridian Attn: Lynn Grady 660 E Watertower Ln Suite 200 Meridian, Idaho 83642 SECTION 18~ SUCCESSORS AND ASSIGNS~ This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, jf consented to by ACHD under section 15, Licensee's assigns~ SECTION 19. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 20~ NO RECORDA TION~ This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho~ SECTION 22. Warranty of Authority to Execute~ 22~ 1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22~2 If Licensee is not a natural person, the person(s) executing the Agreement on behalf of Licensee represent(s) and warrant(s) due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. ADA COUNTY HIGHWAY DISTRICT Randy Lane, Right of Way Supervisor CITY OF MERIDIAN By: Titl e : LICENSE AGREEMENT - Page 6 (5/16/02 G:\wmow BrOOk license agrodoc (' EXHIBITS: Exhibit "Au-Description and depiction of Right-af-Way LICENSE AGREEMENT - Page 7 (5/16/02 G:\Willow Brook license agrtdoc (:..... . { ( CITY OF MERIDIAN WELL #10 BYPASS INSTALL 1 QUx 1 O"X8u TEE, FLxFLxFL INSTALL 8u GATE VALVEJ MJxFL INSTALL 1 On GATE VALVE, MJxFL INST L 1 OU GATE VALVE, FLxFL iNSTALL tJ ADAPTOR, MJxFL Utl'l;~ Dro~ InOge I ond Ir . r, got · /01) ~ OSern ent ~ I~ INSTALL STANDARD 60tl MANHOLE CONNECT TO EXJSTlNG 27"0 STORM ......... ' .. ........ DRAIN PIPE. SEE SHEET 7 /-- -- o S~Y. TYPE t.pu SURFACE REPA1R PER - lSPWC. '"--Sf)-...... ............. Ii REMOVE AND REPLACE AND SPRINKLER AS NECESSARY , IN ALL 44 LF 12"0. SDR 35 PVC 48 S.Y. TYPE nCu SURFACE REPAIR PER ISPWC. INSTALL 8 LF 8u0 PVC ~ ~ . ...../ ~ t r 0 /0 / / 0 o o o o PREPARED BY OWNER CIVIL SURVEY CONSULTANTS, INC CITY OF MERIDIAN 100 SOUTH ADKINS WAY 660 E~ WATERTOWER LN. STE. 200 SUITE 101 MERlorAN1 IDAHO 83642 MERIDlANt 10 83642 (208)898-5500 (208 )888 - 431 2 EXHIBIT "A" PI Fu CJP 10 ~ { \. CITY OF MERIDIAN WELL #10 BYPASS CONNECTION TO EXISTING STORM DRAIN PIPE RIM=:t2599.96 -----....-- --.... ............--- } I ~l ,1 n I I , I r 1 1 I t ...----~ --.----- EXlSTJNG PAVEMENT AT <t OF STORM DRAlN PIPE 12U0 PVC PIPE TO BYPASS STRUCTURE INV 12u=2595.96 STANDARD 60~~ MANHOLE ........-------...........--........---------- , j j i i j i --.----.............-~--........----------- EX!STlNG 2 7~~0 RC:P STlJRf\A DRAH"l PIPE INV 27u:f:2'S90.58 BTTM=2588.58 SCALE: HORIZONTAL 1 "=20' VERTICAL 1 "=2' PREPARED BY OWNER PROJECT POTABLE WATER SYSTEM WELL #10 BYPASS JERICHO WAY AND WILLOW BROOK DR PROJECT: 04033 DESJGNED BY: CJP DRAWN BY: CJP F1LE:WELL 1 O-PROFILE.OWG DATE: JAN~ 2005 SHEET: 7 OF 10 CIVIL SURVEY CONSULTANTS~ INC ClTY OF MERIDIAN 100 SOUTH ADKINS WAY 660 E. WATERTOWER LN. STE. 200 MERI~~E Ibo~3642 MERIDJANt lDAHO 83642 (208)888-4312 (208)898 - 5500 ~ ~~. . {-.:... . CITY OF MERIDIAN WELL NO. 10 BY-PASS AND WATER MAIN FLUSHING STATIONS AT VARIOUS SITES LOOP TRACER WIRE UP VALVE BOX ~ =.1 ~ z 2 v LOOP TRACER WJRE UP VALVE BOX STANDARD 6"0 CAST IRON ADJUSTABLE VALVE BOX (f) W 0::: .<( > I l- n. w o 2U SERVICE SADDLE 2tt GALVANIZED IRON NIPPLE 211 GALVANIZED IRON 90a BEND 6 It OR 8'. C900 PVC PiPE PER PLANS 2" GALVANIZED IRON NIPPLE PIPE DRAIN N~T.S. PREPARED BY OWNER PROJECT WELL NO. 10 BYPASS AND FLUSHING STATIONS AT VARIOUS SITES DRAIN DETAIL PROJECT = 04033 DESIGN ED BY; CJP DRAWN BY; CJP FILE: DETA-ILS.OWG DATE: JAN. 2005 SHEET: 8 OF 10 CIVIL SURVEY CONSULTANTS, INC CITY OF MER1DIAN 100 SOUTH ADKINS WAY 660 EA WATERTOWER LN. STE. 200 MERI~~~EI60~3642 MERIOrAN. IDAHO 83642 (208)888-4312 (208)898-5500 , /' (........... /' \."..:. CITY OF MERIDI~.I~ WELL NO. 10 BY-PASS AND WATER MAIN FLUSHING STATIONS AT VARIOUS SITES ---- 8 u0 90. BEND. FLxFL BU0 x 0' -9'1 LONG DUCTILE IRON SPOOL, FLxFL / SEE INLET DETAIL \ 24u AIR GAP SECURE TO SIDE OF BOX WITH 2u WIDE x )gtt THICK STEEL STRAPS AND ~n0 CONCRETE ANCHOR BOLTS (TYP OF 2). EXISTING GND · 11_111-111=11 ., 11-=111. t ,llL I Stt0 X 7' _ou LONG DUCTILE lRON SPOOL. FLxFL I 8n0 90. BEND, FLxMJ TO MANHOLE ~ TO WELL INVERT 80 X:; 259B. 7 3 INVERT 1211=2598.73 STANDARD 4'x4' iRRIGATION BOX SEE DRAIN SHEET 8 SECTION A-A 90. BEND 4 MESH, 15 GA. STAINLESS STEEL SCREEN 1/4" STEEL PLATE RING 8'10 SPOOL, FLxPE LENGTH AS REQ'D. DRrLL FOUR 5/8n0 HOLES AT FLANGE END OF SPOOL. SEE DRA1N DETAIL. SHEET 8 INLET DETAlL A l 12"0 SDR 35 PVC -- A J 2" TAPPING SADDLE 4'x4t lRRIGAT10N BOX WITH STEEL COVER CUT OUT TO ACCEPT FLOW FROM BYPASS~ BYPASS STRUCTURE N.T.S. PR EPARED BY OWN ER PROJECT WELL NO. 1 0 BYPASS AND FLUSHiNG STATIONS AT VARIOUS SlTES BYPASS STRUCTURE PROJECT: 04033 DESIGNED BY: CJP DRAWN BY: CJP FJLE: DETAllS.OWG DATE~ JAN. 2005 SHEET: 10 OF 10 CIVIL SURVEY CONSULTANTS, INC CITY OF MERlDIAN 100 SOUTH ADKINS WAY 660 E- WATERTOWER LN. 5TE. 200 MER,~~~E ,ci o~3642 MER10lAN, IDAHO 83642 (208)888-4312 (208)898-5500 February 25, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT March 1, 2005 ITEM NO. 5-J REQUEST License Agreement with Nampa Meridian Jrrigation District for Flush Lines AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: 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 Contacted: EmaiJed: Date: Staff Inifials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. Custom Electric for purchase and instillation of data collection at the WWTP for $17,000 and authorize the Mayor to sign it. Waterline Easement - Victory Road: Attached is a temporary construction easement and permanent waterline easement for installation of waterline on Victory Road west of Meridian Road. The cost for the easement is $1,000. Recommended Council Action: The Public Works Department recommends that City Council approve the easement with Burke P. Jones, John B.. Ferguson, Idaho Holdings LLC for $1 ,000 and authorize the Mayor to sign it. License Agreement with ACHD for Well 10 Flushino Station: Attached is a license agreement with ACHD for installation of a discharge from Well 10 to storm drain on Willow Brook Drive. Recommended Council Action: The Public Works Department recommends that City Council approve the License Agreement with ACHD for instillation of a discharge line from Well 1 0 into an existing 27" storm drain and authorize the Mayor to sign it.. 'f.. License AQreement with Nampa Meridian Jrriqation District for Flush Lines: Attached is a license agreement with NMID for construction of flushing lines into five mile drain, nine mile drain, and ten mile drain. Recommended ~Council Action: The Public Works Department recommends that City Council approve the License Agreement with NMID for construction of flushing lines into Five Mile, Nine Mile, and Ten Mile Drains and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. G page 2 )" ( /~. ~~..:. . LICENSE AGREEMENT LICENSE AGREEMENT, nlade and entered into this _ day of ) 2005, by and alTIOng NAMP A & MERIDIAN IRRIGA TIONDISTRICT, an irrigation di strict organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter refen-ed to as the llDistrice\ a11d CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the uLicenseelt, W I I N E.s.s E I H: WHEREAS, Licensee is the owner of real property/rigl1t-of-way for a water 111ain (burdened with the easenlen t 0 f th e D istri c thereinafter menti on ed) parti cular 1 y described in the ULe gal D escri p ti 0 n n attached hereto as Exhibit A and by this reference 111ade a part hereof; an.d, WHEREAS, the District owns the irrigation ditch or canal lmo\vn as the FIVE MILE DRAIN~ NINE MILE DRAIN AND TEN N[ILE DRAIN (hei.einafter collectively referred to as 11ditch or canalt'), an integral part of the District's irrigation works and systelTI, together vlith the easelnent th.erefor to convey irrigation \vater, operate, clean, maintain, and repair tIle ditch or canal, and access the ditch or canal for those purposes; an d, WHEREAS) said ditch or canal and easement crosses and intersects Licensee's real prope11y/right- of-way for a water 111ain as shown on Exhibit B attached hereto and by this reference lllade a part hereof; and, WHEREAS, the Licensee desires a license to engage in constTuctiol1 or activ1ty affecting said ditch or canal or the District1s easement in its course across the lands of the Licel1see in the Inanner and under-the ter111S and conditions hereinafter set forth; and, WHEREAS, it is necessary that tQe District protect its ditcl1es and its right of way along its ditches; NOW) THEREFORE) for and in consideration of the prenl1ses and of the covenants, agreenlents and conditions hereinafter set fort11, the parties agree as follows: 1. The Licensee shall have the right to .modify the said ditch or canal or encroach upon the District's easenlcnt along said ditch or canal in the n1anner generally described in the npurpose of Licensefl attached hereto as Exhibit C and by this reference ll1ade a part hereofa Any 111odification of said ditcl1 or calla] by the Licensee or encroachlnent upon the DiSh-jet's easel11ent along said ditch or canal shall be performed and maintained 10 accordance with the HSpecial ConditionsU stated in Exhibit D, attached hereto and by this reference made a part ]lereof. . ( ... ... ... 2. This agreement pertains only to the Licensee's lTIodification of said ditch or canal or encroachnlent to the District's easement for the purposes and in the nlanner described herein. The Licensee shal1110t change the location of the ditch or canal, bury the ditch or canal in pipe, or other~lise alter the ditch or canal in any manner not described in this agreement without first obtaining the \vritten perrnission of the District. 3~ Eacl1 facility C'facilityu as used in tl1is agreement means any object or thing of any nature installed in or on the District's easenlent by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all tin1es by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, ll1aintain al1d repair each facility and conduct its activities within or affecting th.e Districes 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 in~igation water in the ditch or canal or the delivery of iITigation water by the District; c. an in.crease in seepage or any other increase in tIle loss of water frOJl1 the ditch or cana 1; d~ the subsidence of soil within or adjacent to the easement; e. any other damage to the District1s easement and irrigation works. 5& The Licensee agrees to inden1nify, hold harn11ess, and defend the Dish.ict fron1 all clainls for damages arising out of any of the Licensee1s construction or activity \v111ch constitutes or causes any of the circumstances enunlerated in the preceding paragraph, 4.a. through 4.e., or any other danlage to the easement and ilTigation worles whi ch may be caused by the construction) installati on, operati on, 111aintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the Inaterials used in such construction shall at all tjnles be subject to inspection by 111e District and the District's engineers, and that final acceptance of such work shall not be made until all such worl( and n1aterials shan 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 District's option, to relTIOVe any facility installed by the Licensee and to repair any alteratiol1 by the Licensee of said ditch or canal and the easenlent therefor which does not con1ply with the ternlS oft11is agreen1ent,.and to relTIOVe any inlpedilnent to the flow of water in said ditch or canal and any unsafe condition or hazard caused by tl1e Licensee, at any tinle, and the Licensee agrees to pay to the District, on demand) the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly n1ail1tal1l and repair such facility, then the District, at its option, and without in1pairing or in anywise affecting its other rigl1ts and reme,dies hereunder, sha1111ave the right to perfonn the necessary maintenance and repairs and the Licensee agrees to pay to the District, on denland, the cost or expense which shall be reasonably expended or -incuITed by the District for such purposes. 'The District shall give reasonable notice to the Licensee prior to the District's perfornling suclllnaintenance, repair or other worlc except that in cases of enlergency the District shall attenlpt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or SUppOl1 any claill1 of any kind by Licensee or any t11ird party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harn11ess and defend the District froll1 any c]ainls 11lade LICENSE AGREEMENT - Page 2 ...... ( ~ '!I- · against the District arising Ollt of or relating to the temlS of this paragraph except for clain1s arising solely out of the negligence of the District. 8. Neither the terlTIS of this agreement, the pemlission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreenlent, nor the parties exercise of any rights or performance of any obligations Oft]1is agreen1ent, shan be construed or asserted to extend t11e application of any statute, rule, regulation, directive or other requirement, or tIle jurisdiction of any federal, state, or other agency or official to the Districtfs oW11ersl1ip, operation, and maintenance of its ditches, canals, drains, irrigation worl<s and facilities which did not apply to the District's operations and activities prior to and vvithout execution of this agreement. In the event the District is required to cOlnp]y with any such requirenlents or is subj ect to the jurisdiction of any such agency as a. result of execution of this agreenlent or the Licensee's activity authorized hereunder, Licensee shall inden1nify, hold harnlless and defend the District from all costs and liabilities associated ,^,ith the application of stIch laws or the assertion of such jurisdiction or, at the option oftlle District, this agreelnent shall be of no force and effect and the Licensee s11all cease all activity and remove any facility authorized by this agreenlent 9. In addition to all other indenmification provisions herein, Licensee further agrees to indelnnify, hold harn11ess and defend the District from any injury, dalnages, claim, lien, cost and/or expense (including reasonable attomeyrs fees) incun-ed by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in perfonlling the construction and activities authorized by this agreelnellt 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant) or any other improvenlent of any lcind or nature whatsoever which the Licensee shall -install on the said ease111ent area of the District ill the reasonable exercise of the fights of the District in the course of perfon11ance of nlaintenance or repair of sa-id ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easen1ent area is required by the District for ll1aintenance or repair under t11is or any other paragraph of this agreenlent. 11. Licensee shall place 110 structures, pathways or landscaping of any lcind above or within the District's easenlent area except as referred to in this agreen1ent or exhibits l1ereto without the prior \vritten C011sent of the District. Nor shall Licensee pe11nit, authorize or grant any other person or entity to exca\Tate, discharge, consh.uct or place any structures, pathvvays or landscaping withil1 the District easenlent without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection \vith efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rig11tfully enforcing or rightfully resisting enforcenlent of tbe provislon.s of this agreement, or the prevajli11g party in case suit is instituted, shall be entitled to reinlbursenlent for its costs and reasonable attorney fees fronl the other party. 13. The parties hereto understand and agree that the District l1as no right in any respect to in1pair the uses and purposes of the ilTigation wor](s and system. of the District by this agreen1ent, nor to grant any rig11ts in its irrigation works and system incompatible with the uses to which such irrigation works and systelTI are devoted and dedicated and tl1at this contract shall be at all tin1es construed according to such pri nClp les. LICENSE AGREEMENT - Page 3 i. (" . . 14. Nothing herein contained s11all be construed to llnpair 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 ren1ain inferior and subservient to the rights of the District to the use of said ditch or canal for the translnission and delivery of irrigation water. 15. In the event of the fallure, refusal or neglect of the Licensee to cOlnply with all of the teI111S and conditions of this agreen1ent, the licel1se of the Licensee under the terms hereof may be tenl11nated by the District, and any facility, structure, plant, or any other improvenlent in or over said ditch or canal, and the right of way tl1erefor, which may inlpede or restrict the Inaintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal 111ay be renloved by the District. 16. The Licensee agrees to pay attorney fees or engineering fees c]1arged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreen1ent or in cOl1nection v/ith negotiations covering the terms and conditions of this License Agreen1ent. Licensee also agrees to pay any fees incuITed in cOl1nection with the recording of this Agreenlent. 17. Nothing in this agreement shall create or support a clain1 of estoppel, waiver, prescription or adverse possession by tbe Licensee or any third party against District 18. This agreelnent is not intended for the benefit of any third party and is not enforceable by any th-ird party. 19 ~ If any provision of this agreelllent is deternlined by a court of C0111petent jurisdiction to be invalid or otherwise unenforceable, all ren1ainingprovisions of this agreement shall remain in full force and effect 20. The word IfLicel1seeu, if used in the neuter in this agreenlent, includes the n1asculine and fen1inine genders, the singular 11UTIlber includes the plural) and the plural nUlnber includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run \vith, and running with, all of the lallds of the Licensee described in said Ex11ibit A, and shall be binding on each of the parties hereto and on all paliies and all persons clain1ing under tl1enl or either of then1, and the advantages hereof shall inure to the benefit of each of the paliies hereto and thejr respective successors and a 551 gJ1S. NA1v1PA & MERIDIAN IRRIGATION DISTRICT By Its Presi den t ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 ( CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) 58: County of Canyon ) On this _ day of ,2005, before Ine, the undersigned, a Notary Public in and for said State, personally appeared Monte S~ Janicek and Daren R. Coon, Imown to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTR.JCT, the in-igation district that executed the foregoing insb-u111ent and aclmowledged to 111e that such ilTigation district executed th e sal11e. IN WITNESS WHEREOF, I have hereunto set 111Y l1and and affixed ll1Y official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My COlnn1issiol1 Expires: STATE OF IDAI-IO ) )8S. County of Ada ) On this _ day of , 2005, before TIle, the undersigned, a notary public in and for said state, personally appeared and ) Jalown to 111e to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrU111ent, and acla10wledged to ll1e that such entity executed the sanle. IN WITNESS WHEREOF, I have hereunto set IllY 11and and affixed IllY official seal, the day and year in this certi ficate first above vvritten. Notary Public for Residing at My COnlTI1ission Expires: LICENSE AGREEMENT - Page 5 ( EXHIBIT A Legal Description A right.-of-way for a water main located where the water main: 1. intersects the Five Mile Drain at Ten Mile Road located in the SWl/4 of Section 35, Township 4 North, Range 1 West, B. M~, Ada County, Idaho; 2. intersects the Nine Mile Drain at N. Leann Way located in the SWl/4 of Section 2, Township 3 North, Range 1 West, B. M.;> Ada County, Idaho; 3. intersects the Nine Mile Drain at Washington Street located in the NEl/4 of Section 12, TOVVIlShip 3 North, Range 1 West, B. M., Ada County, Idaho; 4. intersects the Ten Mile Drain at Linder Road located in the NWl/4 of Section 13, Township 3 North, Range 1 West, B~ M., Ada County, Idaho; 5 ~ intersects the Nine Mile Drain at Central Drive located in the SW 1/4 of Section 18, Township 3 North, Range 1 East) B. M., Ada County, Idaho; and 6. intersects the Five Mile Drain at Bradley Avenue located in the NWl/4 of Section 7, Township 3 North, Range 1 East, B. M., Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to construct and install a bypass line from the Licensee's domestic/municipal water main into the Five Mile Drain, Nine Mile Drain and Ten Mile Drain an.d the District's easement, at the locations described in Exhibit A, and to flush/discharge municipal well water into the Five Mile Drain, Nine Mile Drain and Ten Mile Drain, at the locations described in Exhibit A, approximately one to two times per year. EXHIBIT D Special Conditions a. Construction. shall be in accordance with Exhibit D-l attached hereto and by this reference made a part hereof. Licensee shall flush/discharge water into the Five Mile Drain, Nine Mile Drain and Ten Mile Drain only on rare occasions (approximately one to two times per year). Licensee shall notify the District's Superintendent and obtain the District's permission prior to any flush/discharge into the Five Mile Drain, Nine Mile Drain and Ten Mile Drain. The quantity discharged shall be 1,500 to 2,000 gpm~ 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 Districfs 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, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall LICENSE AGREEMENT - Page 7 1/. ~.:. shall be of no force and effect. d. Licensee shall be responsible and shall ensure that any drains which discharge into the Five Mile Drain, Nine Mile Drain and Ten Mile Drain do not cause any erosion or subsidence of soil \\-'ithin the ditches or drains. The Licensee agrees that the District shall not be liable for any dan1ages \vhich shall occur to the drain pipes or any other ilnprovenlent of any kind or nature whatsoever W]1j ch the Li censee sha 11 instal] 011 the said easenlent area of the District in the reasonable exercise of tl1e rights of the District in the course ofperfol111ance of maintenance or repair of said ditch or canal. e. Licensee represents that Licensee has conlplied with all federal, state or other 1 a\~s, rules, regulations, directives or other requirel11e11ts in any form regarding envirplllnental ll1atters, and speci fically those relating to pollution control and water quality, as may be applicable under the subject ll1atter, tenns or performan ce 0 f thi s agreenlent broadly construed. Li c ens ee recognizes i ts conti n II i 11 g duty to co 111P ly "vi th an such requirenlents that now exist or that Inay be implemented or in1posed in the future. By executing this agreel11ent the District assun1es no responsibility or liability for 311Y iI11pact upon or degradation of water quality or the environnlent resulting fi.onl the discharge or other activity by Licensee which is the subject of thi s agreelnent. f. Licensee l1ereby indemn-ifies, holds hannless and shall defend the District frolll any and all penalties, sanctions, directives, clail11s or any action taken or requirelnent illlposed by any party or entity, public or private, with respect to environnlental J11atters relating to the subject Inatter, ternlS or perforlnance ofth15 agreenlent unless the District shall be solely responsible for the condition or activity which gives rise to any sllch penalty, sanction, directive, clailn , action or requirenlent. g. In the event the District is required by any govelTI111enta] authority to acquire or conlply \vith any permit or other operational requirelnents associated with Licensee's discharge and other activity which is the subject of this agreen1ent, Licensee shall indemnify, hold harluless and defend the District from all costs and liabil ities associated w-itb SUC]1 pernlit and other requirenlents] including but not linllted to all costs associated with all pern,it acquisition, construction, monitoring, treatn1ent, adnlinistrative, filing and other req u i renl en ts, h.. The parties to this agreel11ent recognize this license agreenlent is an aCC0111111odation to Licensee. The District by tl1is agreement does not assunle, create, or exerci se 1 ega 1 or other a uthari ty, either express or ilnplied, to regulate control, or prohibit the discharge or contribution of pollutants or contan1inants to the Districfs facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to tl1e extent that it exists, is possessed and exercised by governnlental env! r0I1111en ta 1 agenc i es. i. Licensee shall not excavate, discharge, place any structures, nor plant any trees~ shrubs or landscaping within the District)s easen1ent, nor perfon11 any constnlction or activity \vithin the District's easenlent for the Five Mile Drai11) Nin.e Mile Drain and Ten Mjle Drain except as referred to in this agree111ent or exhibits thereto without the prior written consent of the District. The Districfs easenlents for the Five Mile Drain, Nine Mile Drain and Ten Mile Drain are 100 feet, 50 feet to either side of the centerline. J. Construction shall be con1pleted one year froIn the date of this Agreenlent. Tin1e is of the essence~ LICENSE AGREEMENT - Page 7 02/08/2005 TLffi 15:27 FAX ('." : I4J 003/015 CITY OF MERIDIAN WELL NO. 10 BY-PASS AND WATER MAIN FLUSHING STATIONS AT VARlOUS SITES I - - t__,___ ..... (' I l t---o'-'V::':;,~ ..~oI' tOO , ~ :j ~ F~~":-; ~ . l ~ =r~ 11 ~_Jl~--=- ._~ ~ ~ Il I' J ~ --- ~H iclstJ. ~ · dJ --o~! n 0.-'1 ~ ~ [I ~ ~ ~ r=--- '~r ~ "'~;;r='1I v, UEl:: SCALE; NONE-:- ----.... =-- -..~ - J I ~ ~ ~, t ~~,~- mtJ ,& lll~ u. !I l?2l1; \r ~ ~ ~~ ~Il- ~"~~L ~ ~r_l- J~ l[ ~W- z=- :::: Oflt ~I~'C-Ir V ~~~ · E L.O ~ rn JC I rc:::o 0:::: JUUl L IC=}J _ ~~ ~ ~ _ _ } ~ _ ~ l l~, ~-~ - ~ I w~l_----~~l- ~ [flJt ~{ ~ ~'S: l~ r\rl~ I n I D~'-D~~ #6~-)h' --= ~ 'I ~ ~ K II m 0 _~ J ~ ~ ~ ~ - ~ ~ -~ - ~ II \ r=r U ~ " J K .- --CE5.JIJ. I po. .~ ~tn.~",,, , , ~ ,~ _ 1IJE3 - c::J :::r .. 0 ...... ~'q .,. JL -.~ I f Ir---lf' l::::::t l:::t ~ ~ E3 --- tl "~t" ~ ~ : >;'~~~-~~-~_~J~lr- ~II '~~ill~~13~~ .11 tJI ___ =--=- ~:.. - -- I I H ~ '\ n=1 ,"- UNION PA IFle RAILRO ~I~~~ \Il IT .\cr-u~1 ".0'- " FRAN K LI N · ~Q- /- Ct: (3~5= 1'\ " ~ DC ~ " · ~.~r IT ~ ~~o ~ ---.J ~- ----I ~ ~ 1I 0 U == \ ~~\'~,~~ ~ - ~r ci1~~ \ " " ~~ 1)7 ' ~ #5 z "~ J 0 ~, L ~ "- ~ INt~~~Tp~~aLt ~'j~f ~,W \ r~ ~ ~ I- 0 (.f) o \)~~ gl " ~ r 1. T~rLE SHEET CALL DIGLINE 48 HOURS PRrOR TO EXCAVATION PHONE 1-800-342-1585 ~~.~ TO REQUEST u.c~ LOCATIONS INDEX OF SHEETS SHEET NUM 8 ER DESCRrPTJO N 2....B~ 8YPASS AND FLUSHING STATION PLANS 9. ~ , 3. DETAILS PREPARED B'f OWNER PROJECT ?OTA8L~ WATER WrLL #10 ByPASS AN D WATER MAtN FL US H I f~G ST A liONS AT VAR10 US SITES PROJECT~ 04033 OESIGNED BY~ CJP DRAWN 8Y~ CJP ~ILE; SHTO 1 t OWO DATE: JAN. 2005 SHtET: 1 OF 1 J CIVIL SURVEY CONSULTANTS. INC \ 00 SOUTH ADKINS WAY SUITE 101 ~.e:RJOlANI I D a~S42 (20B}8B6 - 43 1 2 CITY OF MERJDJAN 660 E- WATERTOWER LN, STEr 200 MERIDIAN. IDAHO 83642 (208)898 - 5500 EXhibit B y ~ ~ " (-. CITY OF MERIDIAN WATER MAIN FLUSHING STATION #1 INSTALL 12 C"y~ OF RIP RAP~ S~ NOTE lHEET INSTALL DRAIN AND DISCHARGE PIPE PER DETAILS SHEETS 10 AN. 12. '- ~EMOVE AND REPLAQE FENCE AS NECESSARY ::1(~INSTALL9_0" BENDa. MJxMJ ~ -....... ~ 1" RETAtN AND PRQTECT" UNDERGROUND TELEPHONE I I 28 S.Y- 1l'PE Ilpn SURFACE REPAJR PER ISPWC~ , HOT TAP EXJST~NG _12>>'0 WATER INSTALL . 8~.. GATE VALVE, .MJxF.L INSTALL 12llrxS" TAPPING SADDLE s 20 40 60 I ! SCALE: 1 w=20. PRe:PA~E.O SY" rNSTALL ~ ~ o 10 MAIN OWNER r I ~ ( PROJECT: 040~.:s DEsrGNED BY: CJP DRAVlN BY: CJP fILE: STA liON 1 *OWG DATE: JAN& 2005 SHEET: 2 OF 1 3 PROJ EeT WATER MAIN LINE FLUSH] NC ST A lION INTO FiVE MILE CREEK AT TEN MILE ROAD ~ CIVIL SURVEY CONSULTANTS. INC CITY OF MERIDJAN 100 SOUTH ADKtNS WAY 660 E_ WATERTOWER LN. 5TE. 200 M~RI;~~E IciO~~642 Iv1ERJDIAN1 lDAHO 83642 (20B)8aB-~Z12 (208)898-5500 EXhibit D-1, page 1 ... I , CITY OF MERIDIAN WATER MAIN FLUSHING STATION #2 SS H o 18 S.Y. TYPE npn SURFACE REPAiR. PER ISPWC. I o 10 20 -P.l=;- >- <( 5: w. LEANN WAY z z <( lLJ -.J z HOT TAP EXISTING 6.'0 WATER MA~N INSTALL 6" GATE VALVE, MJxFL iNSTALL 6"xSn TAPPING SADDLE INSTALL 42 LF 6"0 PVC WATER MAIN INSTALL DRA1N AND DISCHARGE PIPING PER DETAILS SHEETS 1 0 AND 11. c: ~ c Q) E OJ U) o w o 0' INSTALL 12 C.Y~ OF R!P RAP SEE NOTE SHEET 11 I_~ I ~ , -P. . NINE MILE CREEK ~ ~c l.. 251 8 S~YI' CONCRETE PER ISPWC. 1 011 Utility. Drainage, & lrrigation Easement ~ 40 60 I t SCALE: 1"'~20' PREPARED BY OWNER PROJECT WATER MAINLrNE FLUSHING STATION CIVIL SURVEY CONSULTANTS, INC CITY OF MERIDIAN INTO NINE MILE CREEK AT 100 SOUTH AOl<'NS WAY 660 EJI WATERTOWER LN~ STE. 200 LEANN WAY AND KRISTEN WAY "'ERJ~~~E ,ci OJ3642 MERIDIAN, IDAHO 83642 PROJECT: 04033 DESIGNED BY:. CJf:I DRAWN 8'(~ CJP (206)888-4312 (208)898 - 5500 F1LE~ STATfONN2_0W DATE: JAN. 2005 SHEET:.3 OF lJ J EXhibit D-1f page 2 (. {" CITY OF MERIDIAN WATER MAIN FLUSHING STATION #3 I H.OT TAP EXJSTING SUC2} WATER MAIN INSTALL 8u GATE VALVElt MJxFL INSTALL 8ux811* TAPPING SADDLE ::::s::: UJ W 0::: o c Q.} E Cl> [I) 0 ~ w ... ~ (]) c c Ol 42 Q) 0 E .s .......... 0 ID a 01 (n ....... .L: 0 0 l.... W ~ w ~ en c. ~ 0 .9 ..-.. c ......... ::J 0 CJ L..... 01 0 ~c 0 -= It) to I NST ALL + INSTALL 14 C..Y. OF RIP RAP SEE 'NOTE SHEET - t 1 J INSTAL 11 LF 8H0 PVC WATER MAIN w ~ ~ "--....,,. \~ SS~AH INSTA4L DRAIN AND DJSCHARGE PIPING PER DETA1LS SHEETS 1 0 AND 11 ~ 8 S.Y. C NCRETE REPAIR PER l5P C. o 10 20 40 !:~t I WASHINGTON STREET o <:::( o 0::: er.: 1LJ o Z ....J ALL PIPING SHALL BE INSTALLED WITHJN THE PUBLIC RIGHT -OF -WAYJ>- ~ I SCALE~ 1.1 = 20 · PREPARED BY OWNER PROJECT WATER MAIN LI N E FLUSHIN G STATtON INTO NINE M'LE CREEK AT LINDER ROAD AND WASHJNGTON STREET PROJECT; 040~~ DE:SIGNED 8Y; CJP DrtAWN BY: CJP Fl~E~ STATION r ~~ow DAle:; JAN. 2005 SHE tT: 4- OF 1 3 CIV1L S~~~~6Ul~O,:g~~sL~t~TS~ INC 660 E. JlRR~bw~~R~~~NSTE. 200 SUITE 1 01 MERIDIAN, IDAHO 83642 MI::R1DLAN t 10 8~642 (208) 8 9 8 - 5500 (206)86B-4312 EXhibit n-1, page 3 t.. ( .. o SDMH CITY OF MERIDIAN WATER MAIN FLUSHING STATION #4 BA.RRE;I z..1~ .L.. -rr , ",. /S:: /~~~4 '\~l'~ y.. f HOT TAP EXISTJNG 12"0 WATER MAIN ----- '- lNSTALL 8" GATE VALVE, MJxFL INSTALL 12ux8'. TAPPING SADDLE INSTALL 20 C.Y. OF RIP RAP SEE NOTE SHEET 11 ~ ~ o <( o 0:::: 0:: lLJ o Z ---1 CHARGE PJPING lOAN D 1 1 ~ o 0" 'V..... rC -. .~~ ~ cP · .;g ~Ib - ..:j '<Jo e" .. !-:: Dei) ~O -s 0 ,D ~~ <:) ~ s..:. MAIN o ',- 1 0 S..Y. TYPE;... URFACE REPAIR PER ISPWC. o /~ ~'e:& -- ~~ '- .... "-, E::e~__ ~ 8 S~~ CONCRETE REPAIR PER ISPWC.' '~ '.......... -, 1 0 S..Y. TYPE up" SURFACE REPAIR PER~PWC. - '"' " ~ " ~~.. ~ " o. ~ -....fb- · " <tj.s tJi ~"to . -s:: ....01 . 0 · ,v ~ I & ~ "'~ " "-J ~ " ~~ PREPARED BY OWNER PROJECT WATER MAl NLINE FLU S H rNG 5T A liON CIVIL SURVEY CONSULTANTS~ INC C1TY OF' MERIDIAN INTO TEN MILE CREEK AT ' tOO SOUTH ADKINS WAY 660 E~ WATERTOWER LN~ STE. 200 LINDER ROAD AND BARRETT DRIvE ME'RJri~~E 1~ O~36Q,2 MERIDIAN, IDAHO 83642 PROJE:CT; 04033 DESICNED gy; CJP ORl\WN 8Y: CJP (208)888-4312 (208)898-5500 F'ILE~ STATION#4rDW DATE; JAN. 2005 SHEEl~ 5 OF 1.3 EXhibit n-1, page 4 ( (~ \. CITY OF MERIDIAN WATER MAIN FLUSHING STATION #5 =e I 8 S.Y" CONCRETE REPAIR PER '?PWC. CENTRAL DRIVE 14 SaY.. TYPE upu SURFACE REPAIR PER JSPWC~ Power Va ult rnd 1/.2'. Pin a o 10 20 40 60 ~ ~ 1 SCALE: 11~=20. PAEFARED BY o 0::: o LL ~ CL l- (f) w > 0::1 o CIVIL SURVEY CONSULTANTS~ INC 1 00 SOUTH ADKJNS WAY SUITE 101 M ERIOlAJ\t. 10 B~642 (208)B88.... 4J 12 OWNER PROJECT WATER MA~ NLINE FLUSHfN G STATION CllY OF MERIDIAN JNTO NINE MILE CREEK AT 660 E. WATERTOWER LN. STEa 200 STRATFORD DRlVE AND CENtRAL DRJV[ MERIDIAN, iDAHO 83642 (208) 89 B.- 5500 PROJECT: 04033 DESlGNED BY; CJP DRAWN BY: CJP FILE: STATION 5cDWG DATE; JAN. 2005 SHEE.T~ 6 OF 1 J EXhibit D-1, page 5 CITY OF MERIDIAN WATER MAIN FLUSHING STATION #6 0 10 20 ! 1 SCALE; 1 ~t =-20" PREP.ARE:O Erf NOTE: ALL PIPING SHALL BE INSTALLED WJTHIN THE PUBLIC RrGHT -OF --WAY AND THE 1 O. UTILrTY EASEMENT I / \ INSTALL DRAIN AND DISCHARGE PIPE PER DETAilS SHEETS 1 0 AND 11. I / \ .1NSTALL 21 LF 6"0 PVC WATER MAIN r 60 OWNER PROJECT WATER MAl NLINE FLUSH I NG STATION INTO FJvE M1LE CREEK AT BADLEY AvENUE AND CATHY AVENUE PROJECT; 040~3 Oe:S1GNED BY; CJP DFtAwN BY; CJP rrLE; STATIONR6 DWe DATE: JAN. .2005 SHEEr: 7 OF 1 3 crVIL SURVEY CONSULTANTS, INC CITY OF MERIDrAN 100 SOUTH ADKINS WAY 660 E.. WAT.ERTOWER LNI STE~ 200 MER~~~~~E.J o~3642 MERJDIAN~ IDAHO 83642 (206)BeB-4~12 (208)898-5500 EXhibit n-1, page 6 ( CITY OF MERIDJAN WELL NO. 10 BY-PASS AND WATER MAIN FLUSHING STATIONS AT VARIOUS SITES LOOP TRACER WJRE UP VALVE 80X ::; => ::E Z ~ .v I U) l.JJ ~ ~ :c l- n.. I.J.J o LOOP TRACER WIRE UP VALVE BOX STANDARD 6-'0 CAST IRON ADJUSTABLE VALVE BOX 2't GALVAN1ZED tRON NIPPLE 6U OR 8tl C900 PVC PJPE PER PLANS"" 2tr SERVICE SADDLE 2 ,. GALVANIZED_ JRON NIPPLE 2" GALVANIZED IRON 90. BEND PIPE D.RAIN N~T.S~ PREPARED BY OWNER PROJECT WELL NO- 1 0 BYPASS AND FLUSHING STATIONS AT VARlOUS SITES DRAIN DETAiL PROJECT: 04033 DESrGNED BY: CJP DRAWN BY: CJP F'lE: OETArLS. own DATE: JAN. :2005 SHEET: 10 or 13 CIVIL SURVEY CONSULTANTSJ JNC CITY OF MERlDlAN 100 SOUTH ADKINS WAY 660 E. WATERTOWER LN. STE. 200 MERI~~~~E ,ri o~~642 MERfDIANt IDAHO 83642 (208)868-4312 (208 )898 - 5500 EXhibit D-1f page 7 CITY OF MERIDIAN WELL NO. 10 BY-PASS AND WATER MAIN FLUSHING STATIONS AT VARIOUS SITES TYPICAL DISCHARGE TO EXISTING WATERWAY TO SPOOL., FLxFL 45" BEND. FL)(FL ROTATE BEND AS NECESSARY TO DIRECT FLOW TOWARDS CHANN EL BOTTOM TOP OF BANK ............... THRUST BLOCK SEE DRAIN DETAIL SHEET 1 0 DISCHARGE DETAIL N~T.S. NOTES: 1" ALL FiTIINGS AND SPOOLS TO BE SAME SIZE AS PIPING TO BE INSTALLED AT EACH STATION PER PLANS. 2. INSTALL A 10' WIDE STRIP OF RIP RAP CENTERED ALONG EXPECTED PATH OF b1SCHARGE~ STRIP SHALL BE FROM TOP OF BANK TO TOP OF BANK UNLESS OTHERWJSE INDlCATED ON PLANS. PREPARED BY OWNER PROJEcT WELL NO. 10 BYPASS AND FLUSHlNG STATIONS AT VAR10US SlTES DlSCrLARGE DEl AI L PROJEct; O~03.:s DESIGNED BY:. CJP DRAWN 8"'~ CJP FILe:; OETAI~S..OWG DATE: JAN. 200S SHEET; 1 1 OF 1 J CIVIL SURVEY CONSULTANTS, INC CITY OF MERIDIAN 100 SOtJTH AOKIt-JS WAY 660 E. WATERTOWER LN. STE. 200 MERJ~~:J: 16 OJJG42 MERIDIAN. lDAHO 83642 (206)88S--4312 (208)898-5500 EXhibit D-1f page 8 . - ( r..... . CITY OF MERIDIAN WELL NO. 10 BY-PASS AND WATER MAIN FLUSHING STATIONS AT VARIOUS SITES TYPICAL DISCHARGE TO EXISTING WATERWAY 8"0 45'1' BEND. FLxFL EXlSTING GROUND - f J=III J I Ell .~m :111: . ... .-. I 8-'0 45- BEND. MJxMJ W /MEGA LUG JOINT RESTRAINT (OR EQUAL) TO WELL SEE DRAIN DETAIL SHEEr 10 B 110 Dl SPOOL FLxPE (CUT TO LENGTH) DJSCHARG.E DETAIL N9T~S~ NOTES: 1. ALL FITIJNGS AND SPOOLS TO BE SAME SIZE AS PIPING TO BE INSTALLED AT EACH STATION PER PLANS. 2~ JNSTALL A 10. WIDE STRIP OF RtP RAP CENTERED ALONG EXPECTED PATH OF orSCHARGE. STRIP SHALL BE FROM TOP OF BANK TO TOP OF BANK UNLESS OTHERWISE INDICATED ON PLANS~ PREPARED 8Y OWNER CIVIL SURVEY CONSULTANTS. INC CITY OF' MERIDIAN 100 SOUTH ADKJNS WAY 660 E~ WATERTOWER LN. STE. 200 MER!5:i~~E .J OJ3642 M ERI DlAN r l DAH 0 83642 (2DB)BB8-4312 (208)898-5500 EXhibit D-1, page 9 1 jI -O"'x8..0 DI SPOOL" FLxFL ATIACH SPOOL TO TOP OF WALL wi 2n WIDE x 1/B" THICK STEEL STRAP AND 3/811 CONCRETE ANCHOR BOLTS INSTALL 1 /211 STAINLESS STEEL SCREEN BEnNEEN FLANGES SU0 CAST IRON FLAP GATE HIGH WATER SOUTHWEST WlNG WALL OF BRIDGE OVER FlVE MILE CREEK PROJECT WELL NO~ 1 0 BYPASS AND FLUSHING ST A lIONS A1 V A.R IOUS SITES DJ SCHARGE DETAIL PROJECT~ 04033 DESIGNED 8Y~ CJP DRAWN BY: CJP FUIOE: OETA~DWG DAID JAN. 2005 SHEET:' 2 or 1 J CITY OF MERIDIAN WELL NO. 10 BY-PASS AND WATER MAIN FLUSHING STATIONS AT VARIOUS SITES TO WELL ~ Sa'0 X O. _911 LONG DUCTILE IRON SPOOL. F'LxFL ~ SEE INLET DETAIL \ 2411 AIR GAP SECURE TO SIDE OF BOX WITH 2'~ WIDE x ~., THICK STEEL STRAPS AND ~1I0 CONCRETE ANCHOR BOLTS (TYP OF 2)~ EXISTfNG o UCTJLE 8..0 90. ~ INVERT 80X=2598t73 INVERT 1211=2598.7.3 STANDARD 4.x4. IRRIGATION BOX SEE DRAIN DETAIL SHEET 1 0 SECTION A-A 90. BEND 4 MESH, 15 GA. STAJNLESS STEEL SCREEN - 1/411 STEEL PLATE RrNG 8n~ SPOOL. FLxPE LENGTH AS REQ-D. DRJLL FOUR 5/8110 HOLES AT FLANGE END OF SPOOLt SEE DRAIN DETAJL~ SHEET 1 0 A L INLET DETA[L A 2 ~1' TAPPING SADDLE 4?x4~ IRRIGATION BOX WITH STEEL COVER CUT OUT .TO ACCEPT FLOW FROM BYPASS. 12U0 SDR 35 PYC -. BYPASS STRUCTURE N. T~S_ PREPARED BY OWNER PROJECT WELL NO. 1 0 BYPASS AND FLUSHING STATIONS AT VARiOUS SlTES BYPASS STRUCTURE PROJECT: 04033 DESIGNED 8'(= CJP DRAWN BY: CJP FILE: DE:TAJLS_DWG DATE: JAN. 2005 SHEET: 13 Of" 1 J l :IVIL SURVEY CONSULTANTS, INC CITY OF MER1DfAN 100 SOUTH ADI<INS 'WAY 660 E. WATERTOWER LN~ STE. 200 MERf5~E]riO~3642 MERIDJANt lDAHO 83642 (208)866-4.3' 2 (208 )898 - 5500 EXhibit D-1, page 10 ( ( February 25,2005 AZ 04-001 MERIDIAN CITY COUNCIL MEETING March 1, 2005 APPLICANT Equity Benefits, LLC ITEM NO. ~-K REQUEST Development Agreement: AZ 04..QOl Request for Annexation and Zoning of .5 acres from RUT to C-G zones for Equity Benefits - 2540 East Franklin Road: 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 DE?T: 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 Development Agreement ~ Contacted: Emailed: Date: S- d- - 05 Phone: c Q. On Staff Initials: ~ Materials presented at public meetings shall become property of the City of Meridian. ~~ l ( ( AMOUNT .00 29 PARTIES: 1. 2. ~ ~~ ~~ ~~ ~~~ : : ~~ ..... -:. ~~ ~ ~ : ":. 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set fortll in full, herein after referred to as the "Property"; and 1 ~2 WHEREAS, I.e. 9 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1 ~3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1~5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (AZ-04-00 1) PAGE 1 OF 14 ( (~...... .. . . . subject "Property" will be developed and what improvements will be made; and 1~6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Prope.rty" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within tIle City of Meridian planningjurisdiction, and received further testimony and comment; and ~ 1 ~7 WHEREAS, City Council, the Z ~I day of FGl0 ,200;f, has approved certain Findings of Fact and Conclusio.ns of Law and Decision and Order, set forth in Exhibit B, whicl1 are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1..9 "OWNER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1..9 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that tIle "Property" is developed and the subsequent use oft11e "Property" is in accordance with the terms and. conditions of this development agreement, 11erein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from govenunent subdivisions providing services within the .planningjurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. .DEVELOPMENT AGREEMENT (AZ-04-001) PAGE 2 OF 14 f<-. \. ~- {~. {: NOW, THEREFORE, in consideration of tIle covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: Tllat the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained. in this section shall be defined and interpreted as herein .provided for, unless the clear context of the presentation of the same requires otherwise: 3~1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a .municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho A venu.e, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Equity Benefits, LLC, whose address is 13965 Chinden Blvd., #103, Boise, Idaho 83~713, the parties owning said "Property" being developed and shall include any subsequent owner(s)/developer(s) of the "Property" ~ 3~3 "PROPERTY": means and refers to tIlat certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G attached hereto and by this reference incorporated l1erein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4~ 1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) Wl1ich are herein specified as follows: It is the applicant's intent to convert the existing residence into a Class c:4" Office within the (e-G) General Retail and Service COlnlI1el.c;al District.. DEVELOPMENT AGREEMENT (AZ-04-00 1) PAGE 3 OF 14 )'" \ /.... ... !~.. . \. . 4~2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The submitted legal description meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is witllin the Urban Services Planning Area. 3. All future development of the subject property sIlaIl be constructed in accordance with City of Meridian ordinances in effect at tIle time of development 4. Additionally, tl1is AZ-04-001 project sllall require be the following conditions: · The existing residential use be abandoned upon annexation and zoning. · A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning and Zoning Department within 30 days of annexation into the City~ · The applicant shall be req.uired to extend water and sanitary sewer mains to provide service. · Prior to issuance of a Certificate of Zoning Compliance (CZC), fire hydrant spacing .per the International Fire Code (within 250-feet of the centerline of the driveway) sIlall be provided~ Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project · Any other conditions desired by the Commission and Council. 5. Remove any existing domestic wells and/or septic systems within this project 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. DEVE.LOPMENT AGREEMENT (AZ-04-001) ,PAGE 4 OF 14 ( (.. OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT COMMENTS/CONDITIONS (AZ-04-001) 1 ~ Acceptance of the water supply for fire protection will be by the Meridian Water Department 2. Provide fire hydrant spacing per the International Fire Code (within 250-feet of the centerline of the driveway)~ Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project a~ b~ Fire Hydrants shall have the 4 Y2" outlet face the main street or parlcing lot aisle. The Fire hydrant s.hall not face a street which does not have addresses on it Fire hydrant markers shall be provided per Public Works specs. Locations with fire hydrants shallllave the curb painted red 10' to eacl1 side of the hydrant location~ Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within. 1 O~' ~ c~ d. e~ f~ 3 ~ All entrance and internal roads shall. have a turning radius of 28' inside and 48' outside. 4~ Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins~ 6~ The roadways shall be built to Ada County Higllway Standards and shall have a clear driving surface, available at all tilnes, 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. 7. Fire lanes and streets shall have a vertical clearance of 13 ' 6" ~ This includes mature landscaping~ 8. Any activity involving the use or storage oftlammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and DEVELOPMENT AGREEMENT (AZ-04-001) PAGE 5 OF 14 /. t, by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept relTIoved from adjacent activities to a distance which is cOlnpatible with the potential danger involved as specified. in the UFe, Uniform Life Safety Code, MCC 11-12- 3. C, and the National Safety Foundation publications. SANITARY SERVICE CO. COMMENTS/CONDITIONS 1. Design the trash enclosure(s) per the standard recommendations of sse for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC~ Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance (C2C) for the project. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitlnents contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Ow.ner/Developer" or "Owner' s/Developer' s" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement witl1in two years of the date this Agreement is effective, a!ld after the "City" has complied. with the notice and hearing procedures as outlined in I.C~ ~ 67-6509, or any subsequent aluendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7 ~ 1 That the "City" provide written .notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ-04-00 1) PAGE 6 OF 14 9~ DEFAULT: 9 .1 In the event "Owner/Developer" or "Owner' s/Developer' s" heirs, successors, assigns, or subsequent owners of the "Property') or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection witll the "Property", this Agreement may be modified or te.rminated by the "City" upon compliance witll the requirements of the Zoning Ordinance~ 9.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall ap.ply solely to tlle breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum oftllis Agreement or tllis Agreement, including all of tIle Exhibits, at "Owner'sIDevelo.per's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading -of the Meridian Zoning Ordinance in cOlU1ection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of tllis Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinan.ce zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of COlnpetent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the s.pecific performance of the covenants, agreements, conditions, and obligations contained herein. 12~ 1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any relnedy provided for herein; provided) however, that in the case of any such default DEVELOPMENT AGREEMENT (AZ-04-001) PAGE 7 OF .14 j-!.. . \,.. (.. WruCIl cannot with diligence be cured withil1 such tllirty (30) day period, if the defaulting party sIlall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, tllen the time allowed to cure such failure may be extended. for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the .performance of any cove.nant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes w.hich. are beyond the reasonable control of the party responsible for such performance, which sllal] include, witllout limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by tIle amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~ 12-5-3, to insure that installation of the improvements, which the~"Owner/Developer" agrees to provide, if required by the "City"~ 14~ CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements l1ave not been installed, completed, and acc~pted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall.be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet tIle conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16~ NOTICES: Any notice desired by the parties and/or required by this Agreement shall.be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AG.REEMENT (AZ-04-00 1) PAGE 8 OF 14 ~. .. . ........ . . (.. . \.~~. . CITY: OVVNERlDEVELOPER: c/o City Engineer City of Meridian 660 E4 Watertower Ln4 Meridian, ID 83642 Equity Benefits, LLC 13965 Chinden Blvd~, #103 Boise, Id.aho 83713 wi th copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16~ 1 A party sIlall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be com.menced between the parties hereto concerning_ this Agreement, the prevailing party shall be entitled, in addition to any otller relief as may be granted, to court costs and reasonable attorney's fees as determined. by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any d.efault, termination or forfeiture of this Agreement 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and. provision hereof: and that the failure to timely perfo.on any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform4 19~ BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property'.. Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed.. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of DEVELOPMENT AGREEMENT (AZ-04-00 1) .PAGE 9 OF 14 (" . C.. tl1is Agreement if "City", in its sole and reasonable discretion, had dete.rmined that "Owner/Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, su.ch provision shall be deemed to be excised froln this Agreement and the invalidity thereof shall not affect any of the other provisions contained h.erein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City' relative to the subject matter hereof: and there are no promises, agreements, conditions or understanding, either oral or writte.n, express or implied, between "Owner/Developer" and "City", otl1er tllan as are stated herein.. Except as herein otherwise provided, no subsequent alteration, amendment, change or additio.n to this. Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, witll respect to "City", to a duly adopted ordinance or resolution of"City"~ 21.1 N.o condit!on governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of tIle proposed amendment. 22. EFFECTIVE DATE O.F AGREEMENT: This Agreement shall be effective on the date tIle Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. -DEVELOPMENT AGREEMENT (AZ-04-001) .PAGE 10 OF 14 ( (... ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: ATTEST BY: CITY OF MERIDIAN Attest: DEVELOPMENT AGREEMENT (AZ-04-001) PAGE 11 OF 14 (. (" STATE OF IDAHO ) :ss COUNTY OF ADA ) On this dLf~ day of ~GbrLt~ ' in tIle year 200j(before me, a Notary Public, personally appeared ~y~ Wol+-~ , and , known or identified to me to be t4e VV1t1 VI Ct ~ GV and whose names are W subscribed to toe wIthin Instrument for Eq.Ulty Benefits, LLC, and acknowledged to Ine that they executed tIle same on behalf of Equity Benefits, LLC4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written4 ......... _-'IlM Ilbi e. ~~.~.-.!f!Og. .~f!./,Ctf,AR~...,~~. · '! ;~ e · , \ e : L) ~ " m f . e . \ ' . e \ ,t e 0: \ r ~. .. " br~\\.. ,~ .e t) ~" :c~u DY .., .. ........, - - ...... \ \) .e .. ~TE (---\: .. It. .0 " . .... . . .... Notary Public for aha Residing at: ~ 011 Co~ Commission expires; ~ / ZZ 110 STATE OF IDAHO ) :ss County of Ada ) On this /71 day of Jll/ar,,^- , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person tllat executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set .my hand and affixed my official seal the d ar in this certificate first above writteu4 C$ L. 8.A.. ~., ~~..........."",./'~ ., .. ...." " .. .L-.." ~ .0- eo ~r \. f ! ~OTAl?J~. i (SEAL) · * · CllDJoe __ ;.A N · · l '- ~ G ~ . · ."'/1 C e .. ~ · -t"'UEL\ 0 ~ \: <1='.. ."to (!.t;tJ $ ~ ~h ~'"''''' .0(. .40,>0 .: ~..... <1 ), _ ~ "'... i!;I ~ ~ \ ~ ,,'" ""... J::, v i- 1 V ..~.,.. DEVELOPMENT ~~!ffiEM:ENT (AZ-04-001) .P AGE 12 OF 14 ota Public for Idaho Res4 ing at: /JftriJ,'ttlt mmission expires: o<//~o / Of / ( (....... EXHIBIT "A" Leeal Description Of Property A tract of land situated witllin the Southwest ~ of the Southeast 1.4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, descri.bed as follows: Commencing at a found aluminum cap monument luarking the Southeast comer of said Section 8, said. comer at the center line intersection of Eagle Road and Franklin Road, thence westerly along the southerly line of said Section 8 and tIle center line of said Franklin Road North 890-53'-50" West a distance of2571..05 feet to a found aluminuln cap monument marking the Southwest comer of said Southeast ~; thence easterly along said Section and center line South 890-53'-50" East a distance of393~11 feet to the POINT OF BEGINNING. Thence leaving said Section and center line North 000-31 ' -40" East a distance of 40,,00 feet to a found steel pin on the n.ortherly rights-of-way line of said Franklin Road; Thence leaving said rights-of-way line North 000-31 '-40" East a distance of 192.00 feet to a set steel pin; Thence South 890-53' -50" East a distance of 1 05.00 feet to a found steel pin; Thence South 000-- 31 ' -40" West a distance of 192.00 feet to a set steel pin on said northerly rights-of-way line; Thence co:ntinuing South 000-31 '-40" West a distance of 40~OO feet to a point of the center line of said Franklin Road and said southerly line of Section 8; Thence westerly along said center and Section line North 890-53'-50" West a distance of 105..00 feet to the POINT OF BEGINNING. The above-described tract of land contains 24,359 square feet, more or less, subject to all existing easements and rights-of-way. DEV.ELOPMENT AGREEMENT (AZ-04-00 1) PAGE 13 OF 14 ( ( EXHIBIT "B" Findin2S of Fact and Conclusions of Law/Conditions of Approval Z:\ Work\M\Meridian\Meridian I 5360rvt\Equity Benefits AZ-04-00 l\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-04-00 1) PAGE 14 OF 14 ('.. . BEFORE T.HE lVIERIDlAN CITY COUNCIL C/C 04/06/04 INTHEMATTEROFTBE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 0.56 ACRES TO ) C-G ZONE, LOCATED ON THE ) NORTH SIDE OF FRANKLIN ) ROAD, APPRO XI1\'1 A TEL Y 2,000 ) FEET WEST OF EAGEL ROAD, ) AND APPROXIMATELY 2,300 ) FEET EAST OF NOLA ROAD IN ) SECTION 8, TOWNSHIP 3 NORTH, ) RANGE 1 EAST, MERIDIAN, ) IDAHO ) Case No. AZ-04-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING EQUITY BENEFITS, LLC, APPLICANT The above entitled annexation and zoning application having come on for public hearing on Apri16, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Brandon Wolfe, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Fin~ings of Fact and Conclusions of LaW,. and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requ~rements set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE I OF 15 .....(~. f '\. (':.. .. . Idaho Code 99 67-6509 and 67-6511, and Meridian City Code ~9 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereot: and the Amended Comprehensive. Plan of the City of Meridian adopted August 6, 2002~ Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3 · The property which is the subj ect of the appli cation for annexation and zoning is described in the application, is approximately 0.56 acres in size and is located on the north side of Franklin Road, approximately 2,000 feet west of Eagle Road, and approximately 2,300 feet east of Nola Road, in Section 8, Township 3 North, Range I East, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Equity Benefits, LLC, and Vince Covino, a managing member,~bas submitted notarized consent fOT the subject application. Applicant is Equity Benefits, LLC~ · 5. The property is presently zoned RUT (Ada County) and has an existing residence with other outbuildings. 6. The Applicant requests the property be zoned as C-G (General Retail and Service Conunercial District). 7~ The property which is the subject of this application is within the Area oflmpact of the City of Meridian, and the entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC.. (AZ..04~OOl) PAGE2 OF 15 ( c..: 8~ The Applicant has requested the annex.ation and zoning of an existing O~56 acres lot in Ada County to the City of Meridian to develop the subject property in the following manner: conversion of the existing residence into a Class "A" Office~ 9. The Applicant requests zoning of the subject real property to C-G {General Retail and Service Commercial) which is consistent with the Meridian Comprehensive Plan Future Land Use Map, which designates the subject property as "Commercial." 10. There are no significant or scenic features of major importance that affect the conSideration of this application. 11 t Giving due consideration to the comments received fro~ 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 Comments- and Recommendations of the Meridian PlalUllng & Zoning Department as follows: 1. The submitted legal description meets the requirements of the City of Meridian and State Tax Conunission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area~ 3. All future development of the subject property shall be constructed in. accordance with City of Meridian ordinances in effect at the time of development 4~ Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into .between the City of Meridian and the property.owner(s). The DA shall require that: · The existing residential use be abandoned upon annexation and ZOnhlg. · A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning and Zoning Department within 30 days of annexation into the City. · The applicant shall be required to extend water and sanitary sewer mains to provide service~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISrON AND ORDER GRANTlli"G .APPLICATION FOR ANNEXATION AND ZONIN"G FOR EQUITY BENEFITS, LLC - (AZ-04-00 1) PAGE 3 OF 15 C" t... . \.. · Prior to issuance of a Certificate of Zoning Compliance (CZC), fire hydrant spacing per the International Fire Code (within 250-feet of the cel1terline of the driveway) shall be provided. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed proj ect. · Any other conditions desired by the Commission and Council. 5. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7..517, when services are available from the City ofMeridian~ Wells may be used for non-domestic purposes such as landscape irrigation~ OTHER AGENCYfDEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT COMMENTSICONDITIO~S CAZ-04--001) 1~ Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Provide fire hydrant spacing per the International Fire Code (within 250..feet of the centerline of the driveway). Conunercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project a. Fire Hydrants shall have the 4 ~" 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 W arks specs~ d. Locations with frre 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 obstrnctions to outlets within 1 0' ~ 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside~ 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible co.ostruction begi.ns~ 6. 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~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APP LIC A TION FOR J\.NNEXA TION AND ZONING FOR EQUITY BENEFITS} LLC. (AZ-04-001) PAGE 4 OF 15 ; ~.~. ( 7. Fire lanes and streets shall have a vertical clearance of 13 '6'''~ This includes mature landscaping. 8.. Any activity involving the use or storage offlannnable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code> MCC 1 1-I2-3.C, and the National Safety Foundation publications. SANITARY SERVICE CO. COMMENTS/CONDITIONS. 1. Design the trash enclosure(s) per the standard recommendations of sse for access, gates, floor/pad, container stops/buIDpers, and dimensions. Coordinate the design with sse.. Approval of the trash enclosure design will be-required prior to issuance of a Certificate of Zoning Compliance (CZC) for the project · 12. It is found that the 2002 Comprehensive Plan Futtlre Land Use Map designates the subject property as "Commercial.." In Chapter VII of the Comprehensive Plan, '''Commercialn areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, ~s well as appropriate public uses such as government offices~ It is found that the requested C-G zoning generally conforms to this stated purpose and intent of "the Connnercial designation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: · "Restrict curb cuts and access points on collectors and arterial streets.." (Chapter VII, Goal N, Objective D~ Action item 2) · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 5 OF 15 ( !~. . !'..., . · "Pennit new ~ · .c~mmercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) · "Locate new -community commercial areas o.n arterials or collectors near residential areas in such a way as to complement with adjoining residential areas.')' (Chapter VII, Goal I, Obj ective B, Action item 5) · "Require all commercial businesses to install and maintain landscaping.." (Chapter V, Goal III, Objective D, Action item 5) 13, It is not anticipated that the applicant intends to rezone the subject property in the future. 14 ~ It is found that in the applicant's submi ttalletter, it is stated that the subject property is inten.ded to be used for office putposes.. It is fOlUld that professional offices are allowed in the proposed C-G zone and therefore would not require a conditional use permit. 15. The general vicinity of this project is experiencing a rapid change from vacallt industrial/agricultural an.d low-density residential uses to commercial/urban type development~ There is an apartment complex being constructed approximately 400 feet west of the site, and a mixed-use commercial development just west oftltat There is commercial and office zoning at the Franklin Road and Eagle Road intersection, and industrial zoning to the north and east of this site. Franklin Road is currently being widened to a five-lane roadway. It is found that annexation and zoning of this site to C-G would be compatible with other land use and facility changes in the area. 16. The existing single-family home on the subj eet property is designated by the applicant as an office use. A detailed review of the project site will need to be completed upon sub,missionofa Certificate of Zoning Compliance (CZC).. It is found that an office use, and any other office/commercial use, if designed, constructed and operated in accordance \vith adopted city FINDINGS OF FACT AND CONCLUSIONS OF LAW AND" DECISION AND ORDER GRANTING A.PPUCATION FOR ANNEXATION AND ZONING .FOR ' EQillTY BENEFITS, LLC.,. (AZ-04-001) PAGE6 OF 15 ('. : c. ordinances, tlrrough a future CZC application(s), should be hannonious and appropriate in appearance with the existing and intended character of the vicinity. 17, It is found that the use of this site for commercial/office purposes will not be hazardous or disturbing to existing or future neighboring uses is all development and landscaping ordinances are exercised. 18~ It is found. that the current widening of Franklin Road, and the extension of Locust Grove Road, in this area should be adequate to serve this site/area for several years to come. City of Meridian's sanitary sewer and water systems do not currently service the subject s.ite~ New water and sewer mains are being installed as part of the Franklin Road rebuild project The plans call for a new 4-in~h diameter sewer service and a 2..inch water service to the subject property6 On February 13, 2004, a joint agency/department ~ommeJ.lts meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as the fire hydrants near this site are not located in accordance with the International Fire Code, see Meridian Fire Department's comments in number 11 above. The applicant has not indicated, on the submitted site plan, where the refuse container(s) will be located. The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSe). Trash enclosures must be built in the location and to the size approved by SSC~ All dumpster(s) must be screened in accordance with MCC 11-12-1..C. It is fOlUld that the property proposed for annexation can be served adequately by all essential public facilities and services. 19. It is found that the annexation and zoning of this site will not cause excessive FINDIN"GS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONThlG FOR EQUITY BENEFITS, L.LC ~ (AZ--04-001) PAGE 7 OF 15 ( ('~.:".: .. additional requirements at public cost. Other required site improvements will be funded and constructed by the developer through the CZC process. It is also found that the annexation and zoning of this site to C-G will not be detrimental to the community's economic welfare. 20t It is found that several of the allowed uses in the C-G zone may involve activities, processes, materials,. equipment or conditions that could produce excessive traffic and noise and have other public impacts.. It is also found that an office/commercial type use will create additi onal traffic on adjacent arterial roads.. Further, the parking and maneuvering of cars on the site may generate additional noise for surrolUlding properties.. However, it is not believed that the additional noise should be excessive~ It is not anticipated an office use will create excessive smoke, fumes, glare, or odors that will be detrimental to any person, property or the general welfare of the areaw To ensure this finding, the applicant shall enter into a Development Agreement that establishes use parameters that \vould prevent detrimental effects~ 21. The number of vehicular access points to Franklin Road should be restricted and comply with ACHD policies in order to preserve the capacity and movement on these roadways at build-out If a vehicular approach is approved to the site that is designed and constructed in accordance with ACHD policies, it is found that the approach will not create an interference with traffic on the surrounding public street(s). Review of the ACHD comments will provide additional infonnation. 22. There are no natural or scenic feature( s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial useslI Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance.. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-00i) PAGE 8 OF 15 c (: . (~:.." """ : 23~ It is found that the annexation of this property would be in the best interest of the City for the following reasons: · increased office/commercial land base availability; · increased property tax revenue; · municipal services are available to the area; and · the application substantially-complies with the Comprehensive Plan. 24. 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. 11, 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~ 25. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure tIle proposed development is designed, constructed, operated and maintained in a manner which is hannonious and appropriate in appearance" with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact ofproposed development on potel1tiaI to produce excessive traffic,. noise, smoke, fumes, glare and odors~ CONCLUSIONS OF LAW 1. The City of Meridian has authority to armex real property 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTWG APPLICATION FOR ANNEXATION i\ND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04..001) PAGE 9 OF 15 c ( Meridian City Code ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set fortIt in the City~s Comprehensive Plan. 2. The Council may tak::e 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 responsibil i ty as provided by "Local Land Use Planning Act of 1975", 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~ 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VII, Goal IV, Objective D, Action item 2 Chapter VII, Goal IV, Objective D, Action item 4 Chapter IV, Goal I, Objective A, Action item 6 Chapter VII, Goal I, Objective B, Ac~ion item 5 Chapter V, Goal III,. Objective D, Action item 5 5. The zoning of (C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at ~ 11-7..2 K as follows: (C...G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are custolnarily operated entirely or almost entirely within a building; to provide for a review of the impact ofproposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfil} the need of travel-related setvices as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip conunercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation oEland. See Burt VS~ The City 0 f Idaho Falls, 1 05 FlNDIN"GS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG FOR EQUITY BENEFITS, LLC - (AZ-04-o01) PAGE 10 OF 15 (" /.~:. c.... "ldaho 65, 665 P2d 1075 (1983). 7 · The development of the annexed land, if annexed, shall m.eet and comply wi th the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which 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. 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, if such is required by the City~ DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OFLA W, the City Council does hereby Order and this does Order: 1.. The applicant-' s request for annexation and. zoning 0 f appr~ximately 0.56 acres to C- G (~eneral Retail and Service Conunercial) is granted subject to the tenus and conditions of this Order hereinafter stated. 2~ The application is for annexation and zoning of 0,56 ~cres~ The legal description shall be prepared by a Registered Land Surveyor, Li censed by the State, of Idaho, and shall confonn to all the provisions of the City of Meridian Resolution No~ 158. 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 pro.perty shall be subject to de-annexation, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIN"G FOR EQUITY BENEFITS, LLC .. (AZ--04-00 I) PAGE 11 OF 15 {:~ t.:. .. (....... .. with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Comments and Recommendations 0 f the Meridian Planning & Zoning Departlnent as follows: 1& The submitted legal description meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits~ 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed. in accordance with City of Meridian ordinances in effect at the time of development 4~ Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the propertyowner(s). The DA shall require that: · The existing residential use be abandoned upon armexation and zoning.. · A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning and Zoning D~artment within 30 days of annexation into the City. · The applicant shall be required to extend water and sanitary sewer mains to provide service. · Prior to issuance ofa Certificate of Zoning Compliance (CZC), fire hydrant spacing per the International Fire Code (within 25D-feet of the centerline of the dri veway) shall be provided. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project · Any other conditions desired by the Commission and CounciL 5~ Remove any existing dOlnestic wells and/or septic systems within this project 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 lands~pe irrigation. OTHER AGENCYIDEP ARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT C01VMENTS/CONDITIONS (AZ-04-001~ 14 Acceptance of the water supply for fire protection will be by the Meridian Water Department 2. Provide fire hydrant spacing per the International Fire Code (within 250-feet of the centerline of the driveway).. Commercial and office occupancies will require a fire- flow consistent with the Un.iform. Fire Code to service the proposed project. a~ Fire Hydrants shall have the 4 lh" outlet face the main street or parking lot aisle. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-00 1) PAGE 12 OF 15 ( t" "" \.;...: 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 specs~ d~ Locations wittl fire hydrants s.hal1 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 1 0' . 3~ All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation~ 5~ Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins.. 6, 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. 7. Fire lanes and streets shall have a vertical clearance of 13t6'~~ This includes mature landscap ing~ 8~ Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are nonnal1y used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, U~fonn Life Safety Code, MCC 11-12-3..C, and the National Safety Foundation publications. SANITARY SERVICE CO. COMMENTS/CONDITIONS 1. Design the trash enclosure(s) per the standardreoommendations of sse for access, gates, floor/pad, container stopsJbumpers, and dimensions~ Coordinate the design with SSC~ Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance (CZC) for the project 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code ~ 11- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC. (AZ-04-001) PAGE 13 OF 15 (~.... . (... .'. 7-2. 5 ~ Sllbseq uent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Warks Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code g 11..21-1 in accordance with the provisions of the annexatioll 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 tw"enty...eight (28) days after the fmal decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period witIrin which a Petition for Judicial Review may be filedl Please take notice that this is a fmal action of the governing body of the City of Meridian, pursuant to Idaho Code g 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 ordert seek ajudiciaI review as provided by.Ch~pter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2-71!!- day of :;~ , 2004 ~ ROLL CALL COUNCILMAN SHAUN WARDLE VOTED F~WGSOFFACTANDCONcLUSroNSOFLAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04...00 I) PAGE 14 OF 15 ( ( COUNCILMAN BILL NARY VOTED COUNCILMAN CI-IARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED VOTED DISAPPROVED: .B . SEAL ~ ~~ ..net> g "'" ,,~-.... \ i() r 151 .. R f ~ ~ a ~~ ", Copy served upon Applicant, the Plann~~afd:~J:C{ngDe~artment, Public Works Department and ~ ~ ftHlt\1t the City Attorney \\\,~H 11"1111/ .. ,,\ F M . III{ ",\\ ~ 0 EIJ,,, 1//./ ,,\. ,.~ u~ /~ .$ UT f\P~ . ~~ ~ Dated: "'--U.-()/f- i ~ ~o \ ...... Attest: :: : SEAL =. ~ ~ ~ ~ ~ ~~ "ri D f ~ () VQ~"" 151' t ~ ~ ~, #fa n~ ,,~ //1' QUNT....t \'\.1 "" If';l 1" \\\ JlltliU~ ull\\\\\' Z~\ Work\M\M.eridian\Meridian 15360M\Equity Benefits AZ-04-00 1 \AZFfCl&Order.doc FINDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIN"G APPUCATION FOR ANNEXATION AND ZONlNG FOR EQUlTYBENEFITS, LLC - (AZ-04-001) PAGE 15 OF 15 ( I/O February 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 1, 2005 ITEM NO. 5-L REQUEST Approve Bills 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: Contacted: Emailed: Date: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. Phone: (" February 25, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING March 1,2005 APPLICANT Planning & Zoning -- Anna Canning ITEM NO. 6-A-l REQUEST Update Concerning the Area of Impact Letter from fhe Ada County Commissioners AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacfed: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (~<-""". ~".. ". February 25, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING March 1,2005 APPLICANT Planning & Zoni~g - Anna Canning ITEM NO. 6-A-2 REQUEST Update on the Comprehensive Plan Amendemnt for the North Meridian Area 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: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. C.i (/: ( COMPREHENSIVE PLAN AMENDMENT (CPA) NORTH MERIDIAN AREA (NMA) RECEIVED MAR - 1 2005 City of Meridian City Clerk Office DISCUSSION POINTS FOR 3/1/05 CITY COUNClL MEETING Where the Private NMAP Left Ofr · 1/03 - A preferred plan was agreed upon by stakeholders and open house held · 3/03 - P&Z Commission held first public hearing on CPA · 5/03 - Wardle withdrew CPA application (with the concurrence of the P&Z Commission) · No final staI<eholder meeting was l1eld to review the preferred plan that was submitted with the CPA application Recent Plannin!! Activities Related to N. Meridian · 6/04 - Joint City CounciI/ACHD meeting~ Teclmical staffs directed to identify intersection improvements and potential funding solutions. · 7 /04 & 8/04 - City and ACHD staff and Meridian Transportation Task Force met. Task Force id.entified top three (3) NMA intersections in need of capacity enhancement: #1 = Linder & Ustick #2 = Meridian & U stick #3 = Linder & McMillan ACHD staff presented "New Traffic Priority Analysis" matrix which ranked top intersection improvements in Ada County. Four (4) NMA intersections were ranked in the top 30 (based. on 20 factors): Rank #11 = Linder & Ustick Rank #12 = Ten Mile & Ustick Rank #20 = Chinden & Ten Mile Rank #29 = Locust Grove & McMillan · 11/04 - City Council discussed. tIle existing NMA Development Agreement condition at pre-council meeting. City Attorney's opinion was the condition, as structured, did not provid.e for a fin.ancial co.mmitment from developers~ Mayor and City Council recommel1ded removing the DA condition ifit's not enforceable. · 12/04 - Mayor de Weerd, ACHD staff and City staff met to review funding alternatives for intersection improvements" (See Gary Inselman 12/8/04 memo~) Five (5) funding options were presented: Current CIP process Local Improvement District Bond Measure Interim/temporary improve.ments Extraordinary impact fee assessment Page 1 of3 f" " T." " Assumptions of CPA & Conclusions of Wark to Date A.. Proceed with a City-initiated land use CPA for the NMA~ (Next allowable P&Z Commissio.u recommendation on CPA = July 2005.) B. CPA process will integrate the "Blueprint for Good Growth" Preferred. Scenario and incorporate those land use principles c~ There is broad consensus that a CPA should have a detailed transportation component for NMA which addresses: traffic circulation patterns/plan transit corridors funding and. phasing of roadways and intersections D.. ACHD cannot formally update their TAZ and traffic projections for NMA until COMPASS formally adopts new projectio.ns (est Summer 2005). ACHD CIP update = 2006. COMPASS was willing to increase NMA densities in their traffic model, which should help justify the need for more spending in NMA~ E. Development community is adamantly opposed. to any extraordinary impact fee for NMA. ACHD is opposed to use of an LID for NMA~ F. Targeted intersection improvements should be the first construction priority~ Need to identifY timeframes and funding mechanism for intersections~ G. It is assumed that ACHD and ITD are funding their improvement plans per existing and future schedules without City of Meridian financial participation in roadway improvements/enhancements~ New Scope of CPA A.. Applicatio.ns · CPA (text and map with Impact Area Boundary change). [Goal = integrate NMAP and existing Camp Plan policies & fo 1m at ] B.. Geography · Text amendment = entire Area of City Impact · Map amendment = NMA (10 sq~ mi) + 4 sq~ mi. south of Chin den and west of McDermott + approx. 2 sq. mi. north of Chinden c. Public Involvement · Staff will draft text amendments and 3 different map amendment options (incorporating the majority of the private plan principles and policies) · Hold stakeholder meetin.gs (land owners/developers and agencies) · Hold one (1) public .open house witll press releases, etc~ · Public hearings Page 2 of3 /( Kev Actions to Brine Process Up-To-Date · Update Pre Plat map to reflect latest lot counts, traffIc projections, densities, etc.. · Prepare Final Plat analysis and map showing all approved subs · Continued participation in "Blueprint for Good Growth" and "Communities in Motion" regional plans · Meeting(s) with key NMA land owners and developers re. build-out timeframes · Possible addition of a corridor-based plan with priority growth areas · Meet wlParks & Rec re~ Comprehensive Parks & Recreation System Plan, land acquisition, neighborhood parks, etc. · Section by sectio.n analysis of streets, r/w widths, classificatio.ns, etc. Workshop w/ ACHD & ITD staff Invite WGr and other technical stakeholders into discussio.n. Timeline Activity Start Finish (all 2005 dates) (all 2005 dates) 1, Establish process 3/1 3/1 2. Evaluate existing conditions/approvals 3/7 4/1 3. Hold. stakeholder meetings 3/14 3/28 4.. Prepare 3 L.U.. Map options (including "Blueprint 4/1 5/13 for Good Growth" Preferred Scenario) 5 ~ Prepare draft CP A text wnendment 4/1 5/13 6. Designate transpol1ation/transit corridor priorities 4/1 5/13 7. Present status report/drafts at Pre-CC mtg. 5/24 5/24 8.. Hold public open house Early June Early June 9. Hold P&Z Commission public hearing Late June Late June page 3 of3 (" (""" " February 25, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING March 1,2005 APPLICANT Parks Department - Doug Strong ITEM NO~ 6-8-1 REQUEST Discussion of Meridian Parks & Recreation Properties Naming Policy 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 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. RECEIVED FEB 1 8 2005 To: Mayor and City Council ~ity of Meridian City Clerk Office CC: Will Berg From: Doug StrongJ Director Date: February 17, 2005 Re: Meridian Parks & Recreation Properties Naming Policy During the February Parks and Recreation Commission meeting the Meridian Parks & Recreation Properties Naming Policy was reviewed and passed by the Commission to be sent forward to the Mayor and Council for their approval. The Parks Staff is requesting this item be put on either the consent agenda or as a department report for your March 01st meeting. The Meridian Parks & Recreation Properties Naming Policy is attached along with the Parks & Recreation Commissin Minutes in regards to the recommendation to forward to City Council. page 1 ( MERIDIAN PARKS AND RECREATION PROPERTIES NAMING POLICY Adopted , 2005 PURPOSE: . A sound-nalning policy call add.lneaning, significance, and unifonnity to tIle park and recreatiol1 propel1ies of th.e City of Meridian by developing parle nalnes tllat elnbody tIle values al1d heritage of tIle local community. It is tIle illtent of tIle naming .policy to establish reasonable critel;a in Wllicll to suitably 11ollor and ac.kllowledge botll individuals al1d organizations for their COl1trib'utions to tIle City of Meridian~ POLICY: It is tIle policy for desigtlation of l1alnes for :parlc and recreatiO.ll.properties to be in accordallce with criteria al1d procedures set f01tl1 below: ~ To luinimize confusioll, :proposed park l1alnes tllat are siln:ilar to tllose of existil1g parks ill the systelTI s110uld be avoid.ed~ ~ Conditio.ns and/or stipulations of original property dOllation, d.eed or developtuent sllall be honored regardil1g the l1alne of a park. ~ To avoid the appearance t11at tIle public park is a Plivate park tIle l1alne of tIle adjacent or surrounding subdivisiol1 s110uld be avoided. as the l1am.e oftlle pu.blic park. ~ If a park is to be l1alued- after a livil1g individual thel1 tlleir perlnissiol1 Sllould be secured prior to the nalne being selected or tIle City COUI1Cil may COl1sider a challge if all objectio.11 is Inad.e by tIle person after tIle selectioll. ;;.. When a .park is proposed. to be l1alned after a person WI10 is (leceased, then the pennissiol1 of tile closest living relative of an individual, if practical, sh.ould be secured prior to tile Ilan1e beillg selected. The City Councillnay consider a cllal1ge if all objection after tIle selection~ )> Park :nmnes should fe.present COffilTIUnity valu.es and .be .mindful of future generations. Parks or Portions of Parks may be named in the followin2 manner: Park Names: An atteln:pt should be l11ade to l1alne :parks utilizing tIle Departmel1t t]lel11e for nami11g parks. TIle theIne is as follows: COlnm.unity Parks al1d Neigl1borllood Parks sllould be nalned for easy recogIlit.ion; utilizing refereJ1Ce to historic sites, geograpllical features or descriptive naln.es~ TIle words "COlTIlTIUnity Park" or "Neighborhood Park" sllall be affixed to the el1d of the park l1alne. MERIDIAN PARI(S AND RECREATION PROPERTIES NAMING POLICY - Page 1 of3 c.. ...... [DOES THE COUNCIL WISH TO GIVE FINAL A UTHORIT.Y TO THE COMMISSION?] Temporary naming: TIle Parks COlTIlUission may approve the telnporary naluing OfpOliiollS of facilities. The COlnmission shall work witll the illdividual orgal1izatiol1 seekil1g a telnporary nalne to deterlnil1e tIle appropriate cliteria for tIle tel11porary l1alnil1g to be consistel1t witll tIle rest of tllis policy. The COlTIlnission Inay allow a variance froIn tl1is policy for a te.mporary l1alne. Tllis telnporary 11alnillg policy lnay apply to any playground, sports field, S:pOlts court, alnel1ity, or allY otller .portio.n of tIle park facilities tl1at call be suitably an.d a:ppropriately l1alned to 1101lor an individual or organization. Telnporary nalnil1g .under tllis policy call be for allY d.esignated period oftilue, but sllall110t .be lo.nger thaIl one (1) year froJu tIle date of approval" Subsequent requests to COl1tillue tIle telu.porary .nalning may be COl1siderecl, but SUCll request lTIUSt be lnacle annually. Procedures for a Permanent Name: Preliluil1ary action. in naln.il1g a park or facility Inay be initiated by the Mayor, City COUllCil, Meridian Parks alld Recreatiol1 COl11missiol1, Meridial1 Parks al1d Recreation Depal11nent staff, or individual citizellS" A fOl1ualletter of proposal shall be su.blnitted to tIle Meridian Parks and Recreatiol1 COlnmissiol1~ Tile COlTIlnission will review tIle :proposal nalne(s), take pu.blic cOl11ment, and Inake a recOlnlne.lld.ation for the nall1e to the Mayor and. Meridian City CO.UI1CiL In all cases, tIle Meridian City Council shall have tIle autllority to accept or reject tIle proposed park or facility pennal1ent or telnporary l1alne alld to waive any requirelnents of this policy. TIle City Council s11alll1ave final aut110rity on tlle,pennallel1t or telnporary :nalnes and tIle lel1gtll oftilne tllat Sucll11alue lnay be used ill cOlUlection with tIle park or any portion thereof Changing of Names: Notlling ill this policy sllall be construed to prollibit the cllanging of l1alnes of parks or facilities by the City Council. Final Decisi.on: All decisioI1S for the pennal1ellt n.aluil1g of a park facility or at1Y pOl1ion of park property shall .be approved by resolutio.l1 of tIle City Council. Tllis shall not apply to tIle melnoriaI trees that are placed in. the parks pursual1t to tllis policy~ DEFINITIONS: TIle following gu.idelil1es s:hould. .be considered wh.en nalning a park based upon a donation: MERIDIAN PARKS AND RECREATION PROPERTIES NAMING POLICY - Page 2 of3 1/..... . t" Neighborhood Parks: WIlen fifty (50) percellt or a 111inil11ulll of$100,000 of tIle valu.e of tIle parkland is dOl1ated or wIlen "substal1tially all" of tIle develo:Plnent is donated at 110 cost to the City of Meridian. Commllnity Parl(s: WIlen twel1ty-five (25) percellt or a mil1ilUU.1ll of$200,000 of the value of the parl<lalld is donated or wIlen "substal1tiaIly all" ofth.e developluellt is dOl1ated. at no cost to tIle City of Meridiilll. Facilities: When "substal1tially all" of the facility developlnellt is dOllated at no cost to tIle City of Merid i all. Valuing Donations Valuillg dOllations for tIle above sectiol1 s11all be detennined by City staffwitll the advice of tIle COlnlnissio]l~ Donations lTIUst be witll0Ut costs or ex:pense to tIle City of Meri di all alld is .based upon value at t]le tilue of donatio11. DOllations that require credit towards impact fees or if ilTI.pact fees are to reilnbursed by tIle gral1tee, sIlall not .be co.nsiderecl donations for tIle purposes of this namil1g policy~ Substantially all: The City staff with the advice of tIle COll1mission shall d.etennil1e whether tIle value donated is "su.bstantially all" of the developlnellt. The d.ollar value of tIle cOlnpleted developlnent luust be greater thatl the fair Inarket value of tIle property at the tilue of purcl1ase. Development: Developlnent lllUst be ill accordance wit}l the approved site Inaster plall or stateluellt of character al1d/or criteria ~pproved by the Merid.ian City COUI1Cil. DonatioD.S: For tIle pUl~pose of t11is policy, donations lnay includ.e :mo.netary as well as in-kind donations and Inay be a one-tilne or CUl11ulative donation or a .bequeatlunel1t. MERIDIAN PARI(S AND RECREATION PROPERTIES NAMING POLICY - Page 3 of3 tOO . {, .. ( Meridian Parks & Recreation Conunission Meeting February 09, 2005 President Andee Stockton called the Meridian Parks and Recreation Commission meeting to order at 7:03 pm on January 12, 2005 in the Council Chambers at the Meridian City HallA Present: Creg Steele, President Andee Stockton, Vice President Bud Porter, and Jim Keller. Also present is William Nary, City of Meridian Attorney, Ted Baird, Deputy City Attorney, Christine Donnell, City Council Liaison, Doug Strong, Parks & Recreation Director, Elroy Huff, Park Superintendent7 and Catrina Thomas, Recreation Superin tendent9 PUBLIC COMMENTS None. APPROVAL OF THE AGENDA Jim Keller made a motion to approve the agenda as written, seconded by Creg Steele. Motion passed unanimously. PRESIDENT'S COMMENTS Andee Stockton stated she would like to welcome our Council Liaison, Christine Donnell to her first commission-meeting~ APPROVAL OF DECEMBER 08. 2004 MINUTES Andee Stockton pointed out an error in the minutes on page three-paragraph four stating that the "e" was left off of Creg Steele's last name. Jim Keller made a motion to approve the minutes as amended; Bud Porter seconded the motion. Motion passed unanimously~ Minutes were approved as amended. DISCUSSION I INFORMATIONAL ITEMS PUBLIC MEETING PROCESS Bill Nary handed out to the commission a copy of Idaho Statutes 67~2343, Notice of Meetings and 67OR2344, Written Minutes of Meetings. He also handed out a copy of Ordinance No. 04~1081) an ordinance of the City of Meridian, Idaho repealing Chapter 2 Title 2 and reenacting the Parks and Recreation Commission of the Meridian city code; providing for conflict, validity, savings clause, and providing for an effective date.. Mter a brief discussion Bill Nary recommended removing "Public Comment" from the agenda, stre~mlining the agenda and what the requirements were for written minutes of Parks and Recreation Conunission Minutes FebnJary 09~ 2005 1 (~ ( the meeting.. The commission took no action. ADVENTURE ISLAND PLAYGROUND RULES Mter a brief discussion and review of the Adventure Island Playground Rules the commission made a motion to approve the rules as written and move it forward to City Council for approval.. NAMING OF PARKS After a brief discussion on the Meridian Parks and Recreation Properties Naming Policy it was recommended by the commission to move this forward to City Council to be adopted by resolution.. A brief discussion took place over a letter Commissioner Jim De Boer submitted regarding naming Lochsa Falls Park "Hero Park".. The commission tabled the idea for further discussion by the subcommittee.. CONCESSION CONTRACT FOR SETTLER'S PARK Angela Lindig representing Adventure Island Playground discussed a proposal to operate the concession stand during the summer months using volunteers stating the money raised would go back into Phase II construction of the park. Deputy City Attorney, Ted Baird discussed with the commission conditions for forming an agreement with Adventure Island Playground to operate the concession stand. The commission made no decision~ STAFF DEPARTMENT REPORTS DIRECTOR'S REPORT Written report provided, no discussion. RECREATION SUPERINTENDENTS REPORT Written report provided, no discussion. PARK SUPERINTENDENTS REPORT Written report was provided however a brief discussion took place in regards to Adventure Island Playground landscaping, changes at Kiwanis Park, Autumn Faire Request for Proposal, Lochsa Falls Development and Champion Park Development. Parks and Recreation Commission Minutes February 09 ~ 2005 2 ('...... ("" " SUBCOMMITTEE REPORTS MERIDIAN SCHOOL DISTRICT PARTNERSHIP The committee has no report at this time. PATHWAYS AND TRAILS The committee has no report at this time. PARK SIGN AND NAMING ORDINANCE The committee has no report at this time. RECREATION PROGRAM SUB-COMMITTEE The committee has no report at this time4 FUTURE TOPICS None CORRESPONDENCE~NNOUNCEMENT None OTHER BUSINESS ADJOURNMENT No additional business~was discussed. A motion was made by Creg Steele to adjourn the meeting, seconded by Bud Porter; the meeting was adjourned at 8: 12pm. (DUE TO TECHNICAL DIFFICULTIES THERE IS NO TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED: I DATE / ANDEE STOCKTON, PRESIDENT BUD PORTER, VICE PRESIDENT Parks and Recreation Commission Minutes February 09, 2005 3 ( ~~,..... February 25/2005 MERIDIAN CITY COUNCIL MEETING March 1, 2005 APPLICANT Parks Department -- Doug Strong REQUEST Discussion of Advenfure Island Playgrouond Rules Department Reports ITEM NO- 6-8-2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY 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: it See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. ( ('... . \..... : RECEIVED FEB 1 7 2005 To: Mayor and City Council City of Meridian City Clerk Office CC: Will Berg From: Doug Strong, Director Date: February 17, 2005 Re: Adventure Island Playground Rules During the February Parks and Recreation Commission meeting the Adventure Island Playground Rules were reviewed and passed by the Commission to be sent forward to the Mayor and Council for their approval. The Parks Staff is requesting this item be put under either the consent agenda or as a department report for your March 01st meeting. Staff Summary of Parks & Recreation Commission Recommendation to City Council and the Adventure Island Playground Rules are attached. page 1 ( (~..... ~,...:..... . Adventure Island Playground Rules · Play safe and have fun - Remember, use of the Playground is at your own risk. · Treat everyone with respect. · Hours of Operation: ~ hour befo.re sunrise and ~ hour after sunset. · Wheelchairs and strollers are welcome. No bicycles, skateboards, tricycles, scooters, or skates allowed. · No glass containers. · No weapons. · No alcoholic beverages. · No smoking. · No pets. · Personal Conduct and Behavior: 1. No threats or violence. 2. No graffiti. 3. No littering. · The City of Meridian is not responsible for lost or stolen items. · The playground is CLOSED when ice or snow is on the surface. IN CASE OF EMERGENCY CALL 91 1 PARKS AND RECREATION OFFICE 888-3579 Enforced Per City of Meridian Code 13-2 .~~\~ Clr,. f T If!t,.t~f "'\ eJrldiCfJ1~~'~; ~.~t U)'\1If~ } "( ("-.'... . ..:;~:.:..... ... : STAFF SUMMARY OF PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL Park: ~VfA~1A-.(,~ I~ Me Project Name: Applicant: P&R Commission Meeting Date: ~- C) ~ DS CJ {tt\ 1 ~ ... u :; Summary of Public Hearing: ~; ~ it l · {\\~ . ~~ \tV l't \ SW; V.,^ . ~ ~ - ().A ~\)S~~x. . Key Commission Changes to Staff Recommendation: · t\:J V Y\L- . . Outstanding Issues for City Council: · 10 t):~ . . APPROVED: Andee Stockton) President (. ~\ February 25/2005 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Water, Sewer, & Trash Delinquencies March 1, 2005 ITEM NO. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DE?T: 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 IRRIGA liON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian~ ( (. .. \... . February 25, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Equity Benefits, LLC AZ 04-001 March 1, 2005 ITEM NO. /7 REQUEST Ordinance: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for Equity Benefits - 2540 East Franklin Road: 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: See attached Ordinance Contacted: · Date: Phone: Emailed: lA.X;(-r~bra...'1~@lMMlL#l ( ~ CDM Staff Initials: ~ Materials presented at pUblic meetings shall become proparty of the City of Meridian. (: /: ... (:.... ... CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G~ BERG, JR., City Clerk, of the City of Meridian, Ada Cou.nty, State of Idallo, do hereby certify that the attached copy of Ordinance No. fJ4.IJ5-1/34- , passed by the City Council of the City of Meridian, on the / ~y day of /'h14 rc.JL,.~2f)tM, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City ofMeridian~ . ~i:;;~~1:i ~:1~~ ,'.~^.~::i'ittt;~,~ "J' Q'.'~ .. s..~. , /:.: .' ..... ~ \ z ./. . l~ i z:&--:A STATE OF IDAHO, ) : ss. County of Ada, ) /'+ day of Mt\f~, in the year ;)005 , before me, Ja;,\..\ c.'L l..~ S~;+k.. , a N.otary Public, appeared WILLIAM G~ BERG, JR~, 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 Meridian. '!l,,'6"'~. .L..,.,.,....~ ~..,~ ~ \ C 1:1 l' 8 :.r,,4'.t. ~" b...~ ......... 4,.;; , " ,\V.. o. :;. ... ~. . ~ '- : e.- ~OT Jot./( 1.\ \ :. '* : ..,-' t : : : ....... ~ * 5 · · .h. .- ; ~ \0 ~l1BL\C i : ~ <F;;. "" ,,~ · '"' 00 0 ~ ~ . (". 'II "" \,. .,.. ~ .. "j. ~.:; . .. i ,.. t~ ~,,,, z:\ W ork\M\M eridian\M elid i~n '153.~Q'M\.~~}.1i~ ~cllefits AZ-04-00 1 \Certi ficationOfClerkOrd.doc On this (SEAL) OY.~/()1 I I CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-04-00 1 ( (",n.-.. , . (" WHITE PETERSON ATTORNEYS AT LA W KEVIN D INI US JULIE KLE[N FIS CHER CHRlSl.0PHER D. GABBERT Wr-.t4 F. GlaRAY~ In T. GUY HALLAl\1 ** JJLL S~ HOLJNKA JOHN R. .KORltiANIK * WILL1Al\-f A. MORRO\V WlLL1AM F. N[CHOLS.. CANYON PARK AT TliE IOAI10 CENTER 5700 E~ FRANKLIN RDr~ SUlTE 200 NAMPA, IOAI-IQ 83687-790 I TEL (208) 466--9272 FAX (208) 4664405 CHR[STOPHER S~ NVE PtllLlP Arr PETERSON TODD A_ ROSSl'dAN 'rERRENCE R. WH1TE *** * Also adlllittcd ill CA ** Also adlnitted ill OR ... Also adlllitted ill W A April 19, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridial1, Idaho 83642 Re: Ordinance No. (tttJ75-/( 34-, (Equity Benefits, LLC) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office 11as prepared a summarization of tIle ordinance providing for an arulexation and zoning ordinllilce for Equity Benefits, LLC, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code ~ 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian t5360M'Equity Benefits AZ-04-00 I \Berg Sum Ord Ltr 04 19 04.doc ( /..-".. .. \ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF M.ERIDIAN ORDINANC.E NO. t+ 05 -/13 ~ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City ofMeri.dian granting annexation and zoning for land owned by Equity .Benefits, LLC, located on the north side of Franklin Road, approximately 2,000 feet west of Eagle Road, and approximately 2,300 feet east of Nola Road in Section 8, Township 3 North, Range 1 East, with a physical address of: 2540 East Franklin Road, Meridian, Idaho, with a zoning designation ofC-G General Retail and Service Commercial; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and. providing an effective date. Legal Description A tract of land situated within the Southwest ~ of the Southeast ~ of Section 8, Township 3 Nortll, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found aluminum cap monument marking the Southeast comer of said. Section 8, said comer at the center line intersection of Eagle Road and Franklin Road, thence westerly along the southerly line of said Section 8 and the center line of said Franklin Road North 890-53'-50" West a distance of2571.05 feet to a found aluminum cap monument .marking the Southwest comer of said Southeast ~; thence easterly along said Section and center line South 890-53' -50" East a distance of 393.11 feet to the POINT OF BEGINNING. Tllence leaving said Section and center line North 000-31 '-40" East a distance of 40~OO feet to a found steel pin on the northerly :rights-of-way line of said Franklin .Road; Thence leaving said rights-of-way line North. 000-31 ' -40" East a distance of 192~OO feet to a set steel pin; Thence SantIl 890-53' -50" East a distance of 1 05~OO feet to a found steel pin; Thence South 000 -31 ' -40" West a distance of 192~ 00 feet to a set steel pin on said northerly rights-of-way line; Thence continuing South 000 - 31 ' -40" West a distance of 40.00 feet to a point of the center line of said Franklin Road and said southerly line of Section 8; Thence westerly along said center and Section. line North 890-53'-50" West a distance of 105.00 feet to the POINT OF BEGINNING~ I~. {\ d"""~.~.. . t. .. \,:...... . The above-described tract of land contains 24,359 square feet, more or less, subject to all existing easements and rights-of-way. Z:\ Work\M\Meridian\Meridian I 5360M\Equity Benefits AZ~04-00 I\SUMANNEXZONGORD.doc ( r-- \~^ ADA COUNTY RECORDER Jt DAVID NAVARRO BOISE IDAHO 03/11/05 03:34 PM DEPUTY Neava Haney RECORDED - REQUEST OF Mer; dian Ci ty AMOUNT tOO 5 1//1111111111111111111111111111111 III 105029651 BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE O.F IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit: LEGAL DESCRIPTION ANNEXATION AND ZONING ORDINANCE (AZ-04-00 1) - 1 (' (~'-.. \<... . .... A tract of land situated within the Southwest ~ of the Southeast ~ ofSectio.n 8, Township 3 N.orth, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found aluminum cap monUlnent marking the Southeast comer of said Section 8, said corner at the center line intersection of Eagle Road and Franklin Road, thence westerly along the southerly line of said Section 8 and the center line of said Franklin Road North 890-53'-50" West a distance of2571.05 feet to a fOUll.d aluminum cap monument marking the Southwest comer of said Southeast 14; thence easterly along said Section and center line South 890- 53'-50" East a distance of393.11 feet to the POINT OF BEGINNING. Thence leaving said Section and center line Nortl1 000-31 ' -40" East a distance of 40.00 feet to a found steel pin on the northerly rights-of-way line of said Franklin Road; Thence leaving said~rights-of-way line Nortll 000-31' -40" East a distance of 192.00 feet to a set steel pin; Tllence South 890-53'-50" East a distance of 105.00 feet to a found steel pin; Thence SOUtll 000-31 ' -40" West a distance of 192.00 feet to a set steel pin on said northerly rights-of-way line; Thence continuing South 000-31 '-40" West a distance of 40.00 feet to a :point of the center li.ne of said Franklin Road and said southerly line of Section 8; Thence westerly along said center and Section line Nortll 890-53'-50" West a distance of 105.00 feet to the POINT OF BEGINNING. The above-described tract of land contains 24,359 square feet, more or less, subject to all existing easements and. rights-of-way~ ANNEXATION AND ZONING ORDINANCE (AZ-04-001) - 2 (~ ( \ (. .. =1:\ SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, cOlnprehensive plan and all official ma.ps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 oftllis ordinance is subject to the terms and conditions of that certain Development Agreement by and .between the City of Meridian and +~ ZooS the owner oftl1e land described in Section 1 dated the 2-4 - day of li6 rK.{.("rJ ' ~ and that the uses are to be developed under the planned unit develop.ment process and conditional use permit process~ SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewitll are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law~ SECTION 8: T.he Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman :manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to- wit: tIle Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of ANNEXATION AND ZONING ORDINANCE (AZ-04-00 1) - 3 (:: \" (r.~.::. 1=:--:: :::. .. ... .. this ordinance and map with the State Tax Commission of the State of Ida.ho, all in compliance with Idaho Code ~63-2215 and ~50-223~ PASSED BY THE COUNCIL OF THE CITY OF MERI:OIAN, IDAHO, this tJ7/trt,&Jv ,!W4: 2o~P-, /s+ day of I ~.! APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of IYVA/L.-C/A,. , ~. 2 00 5 ~ \ ATTEST: STATE OF IDAHO,) : ss. County of Ada ) $1- nA ~05 On this I day of l'lltr-dt, 200*, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G~ BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed .my official seal the day and year first above w.ritt~"""'I.'.,,.t.4? ~,.. :\.C"E L~ 8A~#~ 4''' 'tft,.~ ...-... ~.,../'~, ~ ",'V o. o. .".~ tJ. $ .0- e. ~ \ : : ~OTA.1i L. 00 , =*: ~-': (SEAL) : : ...... : * : .. · · : fV/ (j, \ .. .pliO L \ C: = SID GAT: PrJt( I 0.1'\. \ iT>>..... ....~ ,I C MMISSION EXPIRES: t;l/bo/07 ....ct. ~ ~ O(itio.e.. ,,'). ~.. 4 I ~. :Ii (, F ] \) ~ ........ Z:\Work\M\Meridian\Meridian L53g~quity Ben~ AZ-04-001\AZ Ord.doc .... ~.. iI ..111-' ANNEXATION AND ZONlNG ORDINANCE (AZ-04-001) - 4 ~ .:::t~ ~9 tLJffi tIi::E ~~ o L...fJJ 0"':0 ro ~~ ~ ~ :s:: .-- - rL tI} kJ ~ Ir= L.J U :z ~ iE~a~ 00 u..~(Ja ~ o:r,<~ 2:J.=C o~'<( ~ ~ .. c::c;..~ fi:tij 0 ~ S Q a tL~ ~J:ffi <:VJ~ ~~ ~g a ... I=:IXJ ~~ ~F: (;jU ~ <=<:) WI : ~I ~ ~ en CO: U) rr) CJ) ~ ~ I-. ~l4Jf.n m~~ flJl:tw oor~ ~filo.. o~tj ~~iE e~== Lu 2: ::i >- a:: -c.( ~~ ifi~ fa ~ t~.~ .~. ~..:: 4"~...~.. :. \.;.,..:.: : @) fWOH 31fJY3 ~ co ~ - ,00 ~Z~G M .DYJ: if'1I 00 S - - tiu..:(I) QJ ~Lj l..tr)Q: ~ 0 CJ)~<;( Cl)fr)~ o Mo l.{) ~...q- I C!)C\Ja .. .. .. -- LLC/) o CIj.~ ~ 0 '<(Q)~ LO ~'t--(,Q Q) ~~ 2: a . C\Ja .. - ,oo.zrG 3 .ay,t~..OO N .. - lu ~ ~ >- ~ J o .! .,... G a: (j ~ Q ~ GJ GJ Vi L5 UJ 3: -..J ~ ~ () Q C3 ~ ~ ::) ....r .?~ o ~ ~ s. ~ co V) rr ~ ::s Q t3 F!: ~ ~ i:d ~ U) ~ es uj ~ (::! 0 tI) D- ~.m U) C(" ......J o ::> ~ ~- . Q ~ ..q:~ ll.. \;.} :z C) 1r) "$~ >< ~ to ~ ~ o <:J ~.OO.07 I 2. I 0 S ~I ~s "C;(J. ~ cnO A .S ~ 0 .....~ .!O ~~ .J: r-, ~ tE ~I C(JI :2: ...... ~ ~ ~ f'1 ...... ~ ~ tJl f'ir UJ b lC) ~ 1..') en C01 CIJ (g ~ d ~ ~ ~ ~ ~ ~ ~ OJ' ~]-... C) ~ ltl to ~ .. ~ g:~ ~ tv) (J),.,., :-:t t.:s OJ LL: Q ~~~ S~Jrj t1~ ~ CliWch ~ · trjto O~ ~ Ci t'() ~~~ to ~ u-; ~ ~ Q: ~ ftq 0 ~ ~ ~ DJU ~ .:.~7!~: ~ t~;i .~.:~. !~;;:1 ~ ~ ~ ~ ~ ~ ~ ~ lw co / .~: ; .. ..-. ....::....... -. .....-... ............. r-... ... --. .. (...... .: (" ........ .. . . .. .. ... .... . ........... . -... .-.- . ............-. . ....... ... ..1.. ..... ... . .. . . ... . DELINQUENCY FOR'TURN. OFF C~ty of Meridian . City Clerk Office MAYOR: Pursuant to Meridian City Code 9-1-21, : delinquent water users shall have the right to request- a pre. termination hearing prior to water.service being disconnected. No water users having requested such pre- termination hearing for March 1,2005, water service for the attached turn-off list will be terminated on March 2, 2005. The total amount of the turn-off list is $32,495.53. .-~~--:-".- ~... ..y. . e .. \~.. . . : . . ... .. .. .. ........... ..... ............. .. . ... Current Period: 03/05/2005 .. .. . ... .. .__...~. -. -..,.. ......... .......... . .. . No Delinquent Mjnimum Amou ntDeli nquent Balance Report Criteria: Customer~ BiJl Cycle = 2 Last Pmt Last Pmt Gust No Name Balance Non-Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 13.13.8426.2 A~M~ THOMPSON MOONLAKE TJ 75~ 14 45~36 29~ 78 02/16/2005 75~OO w 8.08.0472.2 ABBOTT, ROBERT & TERESA 69.61 37.95 31.53 .13 01121/2005 43~63 - 17.34~2728.5 ACKERMAN, ELAl NE 57.76 49.12 8.64 02115/2005 75.00 - 17.34.11 0843 ADAMSt CYNTHIA 11 O~60 55.30 55~30 01/21/2005 59.60 - 15.21.314643 AGUEROt JEREMY 54.20 25.22 28.98 01/10/2005 41 .38 - 7 r48~015041 ALIB EGI C, S UAD 44r05 38~61 5r44 14.19~O960.2 ALLEN, ALVIN & BETTY 60. 75 20.25 20r25 20.25 02109/2005 49.31 - 15.22.2098.2 ALLEN t RI CHARD J R 61.26 57.85 3.41 02101/2005 55 ~ 00 - 15~21 ~OO82.1 ALLEN t SCOTT 48.52 10.82 36.93 .77 01/24/2005 77 ~OO ~ 16.31.3422. 1 ALLEN I SED ENA 75~21 27.77 . .. 46.57 ~87 02/04/2005 45~59 ~ 3.03.5872.2 ALLEN.DRAVES~KELLY 64~ 16 31.64 . . 32.52 12/30/2004 25.00. ... 14.19.129043 ALLRED,C~STEPHEN 70.58 35429 35.29 01/13/2005 43.63 · 14.20r 151041 ALLREDt JAY D. 40r 15 39.05 1.10 03/01/2005 45~4 7 ~ 16~31 ~2228.2 ALM EN ~ SHI RLEY 78~ 1 0 35.29 42.81 01/14/2005 37.25 - 15.15.0110.2 ALTA 122.52 76.57 45 ~ 95 02/0212005 120rOO - 7.48. 0040 ~2 AMERICAN 8 U I LDING CO 57.33 29 ~68 21 ~46 6~19 15. 21 . 17 84 ~ 1 ANDERSEN, SHARRON 17 4~44 50.33 42~81 40485 40.45 02/22/2005 40.00 ... 144 19~ 1360 ~ 1 ANDERSON, KJRK & CHERYL 80~ 71 804 71 04/27/2004 35~20 .. 18~42~O406.2 ANDERSON, MICHAEL 48.02 24401 24.01 01/03/2005 41 .67 - 15.22.1250.1 AND ERSON t WI LLIAM 11 3r39 39.05 35.29 39.05 12/23/2004 44.93 - 3.03.532242 ANDREWS. FLETCHER & AMY 60.35 41.71 18~ 64 03/01/2005 61.72 - 1 6~32~O482.2 ANSON1REBECCA 44.26 44~O2 .24 02/0212005 98.00 - 9.09.9624.1 APOLLO HOMES 63.08 17.70 21.46 18.58 5r34 9.09.9626.1 APOLLO HOMES 23~O2 17 . 70 5.32 15~22.2376~4 ARMSTRONG, BEN 73~OO 36~50 36.50 01/26/2005 82~ 16 a 3~ 1542206.1 ARMSTRONG, GARY & JEANNE 104.10 56~32 47.78 01/1 0/2005 45.98 .. 15~22~ 1390.1 ARNOLD ~ DAN I EL & SH ELBY 111 .94 54.09 57~85 01/19/2005 87 .58 ~ 15.21.2250~ 1 ASH~ DANIEL 81 .86 35.29 46.57 01/13/2005 43~ 79 ... 3.90.0040.1 ASPEN HOMES 60.14 40. 14 20.00 02125/2005 31.54 .. 3~90.0156.1 ASPEN HOMES 8.95 7.94 1.01 9~09.065B.2 ASPEN HOMES 41446 21 ~46 20.00 02125/2005 8~9B .. 15.21.3276.5 BACON t JUDE 120~58 46+57 74.01 01/06/2005 90~43 .. 15.21.0476.2 BACONt LALAlNY A 70~O6 2B~98 I. ... ~28'.98 ,. . : .. . .. r . 12. 1 0 02109/2005 28 . 98 ~,.. . . . 17.33.3648.5 BACON~ TOM 21.70 17 . 70 ~ ~ . A4 00. 10410.011a~1 BAKER, 0 USTI N 84.28 36~50 47478 01/04/2005 44402 .. g~ 92. 7020.3 BALLARD, MICHAEL & JACQUE 53.97 20~25 33~ 72 12/02/2004 178.64 · 18~42.2584.2 BALLS. MICHAEL & J UDI 100.66 54.09 46.57 01/04/2005 116.68 - 17~3342646.2 BALNG TRUST 57.96 25.22 32.74 01/1 2/2005 80.20 - 15~ 1541 048.2 BANKHEAD, DON NA J ~ 21.47 21 .46 .01 02108/2005 21 ~45 - 17 ~34.1772.2 BARBEE,RANDY 69.24 32.74 36.50 01/07/2005 73~OO - 17.33.2592.3 BARBEY, THOMAS 91 .80 47.78 44.02 12/30/2004 44.02 .. 16~32.0744.1 BARNARD, WILL1AM 78~ 1 0 39.05 39.05 02/01/2005 66~ 72 - 15.21.1894~ 1 BARNHART, CLINTON 35.30 35.29 ~O1 02/01/2005 31452 .. 1 5.21.3036.2 BARR~ G ERALDI N E 86.96 41 ~60 45~36 01/25/2005 90~ 72 · 1 6.32.065242 BECKLEY t BRADLEY 84.28 40.26 44.02 01/06/2005 47.32- 16.31.3410.2 BEEHIVE SHELTER HOME 179.86 95.91 83.95 01/0412005 160.17 - 8. a 1 r0215.2 BEHRENDT, P A TRI CK & MJCHEl 51 ~ 10 43.67 7r43 9492. 7042.2 BEHRENS I KURTIS 26.26 17.70 8~56 17 ~33. 2772.3 BENNETT, GREG 138.26 76.65 61.61 02/04/2005 51 .32 .. 16.32. 0922~3 BENSONt DOUG & SANDRA 61472 32.74 28.98 01/12/2005 67~44 .. .,.~* in Msg column indicates no Notice is to be sent (.. (~...:... ..... -rt : . . .. .. .... ... ..~-Clirrent Perrad~ 03/05/2005 .. ............. -.. ..... . .... ..-.. . . . .. No Delinquent Minjmum Amou ntDeUnquent Balance Last Pmt Last Pmt 15422.0798.1 BERNHARD t PATRICIA 49.46 32r 74 16.72 3.03.541 o~ 1 BETHERS1 PRATT G JR 38.8a 21 . 1 8 1 7 ~ 70 3.03.5398.2 BETHERS~ PRATT G JR 89.88 53~38 36.50 15. 21 ~3298.5 BEUTLER1 SHANE 68.04 40.26 27.78 15~22.137B~ 1 BIANCHI, DANJ EL 179462 80~41 99~21 15.22.21 06~3 BIENAPFL, CARMEN & ROBERT 65.48 32.74 32~ 74 17.79.0503.1 BIGHORN ENT 35.40 17 ~ 70 1 7 . 70 15.21 ~O154.2 BITTJCKt B RfAN 151.88 59.06 92.82 16.32. 0648r 1 BK PROPERTIES 39~ 16 17.70 21 ~ 46 17.33.2528.2 BLACK, WILLIAM & CAROLYN 113~28 60.40 52.88 17 .33~2600.1 BLACKHURSTt SCOTT 113.26 36~50 40426 15422~ 2366.3 BLACKMORE, ROBERT 32.97 32.74 .23 17.33.2730. 1 BLEAZARD~ BARRETT 99~32 47~78 51 .54 16.31 r 1 060~2 BLESSr NG t CHRfS 40r50 20.25 20.25 14.14.5031.2 BLY~ NOLAN 65.48 28.98 36.50 16.31.0446.1 801 CE, MARY 49.1 0 25~O4 24.06 16.31.0512.1 BOKMAN, HELEN 87.78 44~O2 43~ 76 17.34.1318.2 BOOHER, CRAIG & DANA 116.06 44~O2 70~26 8.08~O562.2 BOOTH. BRYAN & KRISTEN 125.00 a3~39 41.61 1 O~ 1 0.0060.2 BORGQUIST, DANA & SHERRY 85~62 42.81 42.81 3.03.5166.3 BOSWORTHt SHARON 71.28 32.23 39.05 a~ 1540244.2 80UGHTON~ M. & CARLSON, 0 3g~a9 34.19 5~70 14~ 19. 71204 1 BOYER, SUZANNE & GREG, MAl 63.06 31 ~53 31.53 16.31.3068.5 BRATT~ DENISE 103.08 51.54 51 .54 15421 ~ 1054.1 BRAUNSTEJNt BERNARD & KAR 98~62 54~O9 44~53 8.85.0128~2 B REVI K~ S HARQN 49.68 41.12 8.56 16.32.0926.1 BRIGGS t NADI NE 380.46 51 ~54 66.58 8~ 08~ 0242. 1 BRIGHTON HOMES 43.62 22~ 16 21 ~46 4. 70~0034~ 1 BRIGHTON HOMES 83.34 39 ~32 44~O2 6.06.1504.2 BROSKr, MICHAEL & TJ NA 93.84 24.27 26.35 17~33.3746~ 1 8 RUCE~ DARI N & MARTI NA 1 03~O8 51 .54 51.54 17.34.2736. 1 BRUTSMAN, RONALD 197.00 74.10 122.90 9.09.9040.2 BRYNGELSON~ MATTHEW & STI 92.56 44~O2 47~ 78 15~22. 1 098~ 1 BUDDt SHANNON 80~52 40.26 . . 40.26 14.19.4438.7 B U RCHFI ELD. DARRAL 52~BO 44r02 8~78 8 r 0 8 ~ 5020.2 BURKARD, FELESHA 43.62 25~92 17 ~ 70 15.21.2248.1 BURKHART, MONTSERRAT 88.82 42rB 1 46.01 16~31 ~3062.4 8 URNS. RICK 52.20 25.22 ~ .. . . 26.98 . 17 .34.1456~ 1 BURROUGHS~ JEFF 83. 72 59.06 24.66 3.03~5360.1 BURRUP, DAN & DENNA 78.96 43.67 35.29 15.21.04 72~ 1 BUTTERFI ELD. 8 RIAN 131.60 84.09 47~51 6.06~2032.1 BUXTON. MJ CHAEL 73~34 43.23 30~ 11 8.0B~ 1418~2 CALBOM. GEORGE & KELLr 75.58 37 ~95 37.63 8~08~ 1522.1 CALBOM, GEORGE & KELLI 68~95 67.82 1.13 a~ 08. 1304~2 CAMERON ~ JOHN & J ULfA 38.45 37 r95 ~50 16.31 ~3058.3 CANADA, JOHN & KIMBERLY 153.62 118.33 35 ~ 29 B.08~0584~ 1 CANYON CREST HOMES 47410 21.1 a 21.46 17~34.120B.2 CAPPJ RICHARD & NOREEN 65~60 51 .54 14.06 8~85. 0040 ~2 CARHrLLF DAN I EL & MJ CHELLE 143.77 10482 16.32~ 0884.1 CARLSON, DEBORAH J~ 69.24 36450 32~74 1 7 ~34.180B42 CARPENTERtOOUGLAS 123.14 46.57 76.57 17~34.0942~3 CARR, ERJC & MCGEE SARA 121.60 40.26 40.26 17.3442114~2 CARR~NANCY 53.35 28~98 24437 15.22.1736~2 CASH. RONALD 57.96 28.98 28.98 9.09~g146.2 CAT ALAN01 DOM rNJ C 144~45 46.57 50.33 *** in Msg column indicates no Notice is to be sent 36~50 1 ~78 94.50 21 r61 ~76 4.46 38.14 41 .08 47.55 c. (~.......: .. . . .. .. . .. .. . .. Current Period: 03/051200$ ....... ....--... .. .. . No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt ~~~~~0S2~r~jt~~~~~~8~~~:~~~~~~j~~R~~~~~~~~ 14~20.0144.2 CATHRAE, DAVID & CAMA JO 88.04 47~78 40.26 17.34.2876~ 1 CATLETT, SCOTT 73.00 36~50 36450 15~21 ~27 46.3 CAUD I LL t JUSTIN 74.34 35.29 39~O5 3.03.5750~ 1 CEDAR CREEK HOMES 222.62 73.74 81 ~62 14~ 14~3718.3 CHACEt MARY 89.38 42~81 46.57 17.33.263042 CHANDL E R~ MICHAL 59430 27.77 31 ~53 9.09~07 42~2 CHATTERTON, M fCHAEL & TERI 9 1 ~80 47478 44.02 16.32.0360r 1 CHERRY LANE MOBILE PARK 878.63 878.60 ~O3 1 a.42~40aO~2 CH I ESA, BRYCE 93.28 47.78 45.50 15.15.0047.2 CHRISTENSEN, DA vr D 158~32 60~40 97 r92 18r42~3092.2 CHRISTENSEN, SHARON 46.68 25.22 21 .46 14~20.3046r3 CHRZ~ OPAL 87.92 28~98 28~ 98 16.31.3282.2 CLAJUS, ALMA 54~20 28.98 25.22 14.1 g.0958~ 1 CLARE, Tf MOTHY 81 ~a6 39.05 42.81 16r31 ~O790.3 CLARJ(, DONN 38.58 21 r46 17~ 12 15.21.1902.2 CLARKE, Mr CHELE 41.80 39.05 2~75 1 a~42. 11 90. 1 CLARKSON ~ BRIAN 73.00 36.50 36.50 9.0g.9158~2 CLIN Er ERI CA 73.00 36~50 36.50 9.92.7066.1 COBBLEFI ELD CROSSING POOl 95~37 17.70 17.70 7.40.0066.1 COCHELL, TI M & ANG ELlA 54.46 53.38 1.08 15.22.2104.2 COEt JEFFREY 55.54 27.77 27 ~ 77 9409~9622.2 CONOVERt RICHARD & J ENN I FE 81.71 40~26 40.26 15.21.2972~2 COOK. CLIFFORD & JACQUELIN 96.82 35r29 61 ~53 1 5.21 rOO 14.3 CORSON, ROBERT & CH RISTI E 1 06.84 59.06 4 7 . 78 14.14.3000.2 COVINO. VINCE & KfMBERL Y 37.28 32.74 4.54 9.92.7160.2 COX, ANN K. 45.71 28.98 16~ 73 15.22~2528 .2 CRANDALL, DALLAS & J ULI E 88r04 40.26 47.78 16r32~0672.3 CRANE, JACOB 25. 79 25.22 .57 17.34.2710~5 CRANEt SHANE 1 20~ 7 8 40.26 36.50 8.1540252.1 CREEKSIDE CUSTOM HOMES 40~84 23.14 17470 6406. 1440~ 1 CREEKSIDE CUSTOM HOMES 19.56 1 2.01 7.55 8.15.131241 CREEKSrOE CUSTOM HOMES 39.86 22. 16 1 7. 70 18.43.0400.1 CREEKS IDE r NC. 88404 44.02 44.02 14.20. 1352~ 1 CRESTWOOD CONSTRUCTION 42~92 21 ~46 21.46 9~094961 0.1 CRESTWOOD CONSTRUCTION 35~68 21 ~46 14.22 1 0.1 0422161 1 CRESTWOOD CONSTRUCTION 65.48 32.74 32~ 74 16.32~ 1178.4 CROSE, JEFFREY 65.48 32.74 32.74 15~21 ~045B.2 CROW t KEN & ALl CIA 80.52 36~50 .-. . ~ ~ 44~ 02 . 16~32.0714.2 CRUZ~ EDUARDO & MARCIA 1 09.65 1 06.65 ~ . ~.~. 3.00 ~ 16.31.3336~ 1 CRYER, JUDITH 42~92 1 7.70 25~22 15~22. 1149. 1 CRYSTAL SPRINGS HOMEOWN 465. 70 13.1348938~ 2 CULLUMt JERRY & NOVELLA 66.82 31 .53 35.29 6.06.1930.1 CUPP, SHAD & BECKY 97~86 30497 60~ 11 8.08.1 006.2 CURRY. BRIAN & RA$HELLE 90.86 50.60 40.26 15.21.2922~4 CUTLER~ KI MBERL Y 95.08 28.98 66.1 0 9409.93B4~2 o & S HOMES 69.77 54.09 15~68 3403.5308.1 DALE HOMES 38.88 21 . 18 17.70 18.42~23a8~2 DALYtBERT 73.44 39.05 34~39 16.31.167841 D1AMBROSIOr BARBARA 95~20 32~56 62~64 14.14~3634.2 DANIELS, RICHARD & JOANNE 75.68 37.84 37.84 14.19.1220.3 DANTJ t EDWARD & MICHELLE 93.14 54~O9 39.05 18442.0346.2 DARRON STOUT 70.91 39r05 31486 15~21 ~ 1788.2 DAVENPORT, ANTHONY 119443 aO~4 7 38496 15.22~ 1420.1 DAVENPORTtDUANE 96.52 50.33 46~ 19 15.21.2228.3 DAVIS, JESSICA 96~90 39.05 57 ~85 ..~ in MSQ column indicates no Notice is to be sent 28498 29.96 17 ~ 70 1 ~ 19 44402 6~78 -<. c. . ~~..-r"~".. .. (.... ..: .. . . .... ..-........ . . Current Period: 03/05/2005 No Delinquent Minimum AmountDeJinquent Sa lance Last Pmt Last Pmt ~~~~0 ~~~~~~~~~00~0~~~~~~~~~~~~~~~~~~~ 14~ 14~432441 OBD INC~ 67.04 42.81 24r23 02/09/2005 65.00 - 3.90.0198.1 DE LA TORRE~ JAVIER 60~20 59~91 .29 92109/2005 25.00 - 17~33.3704.1 DJ EM. JAHN 47.72 44.02 3.70 02128/2005 . 44.08 - 17 ~34~ 1238~2 DILULOtANGELO&JAN EL 95.56 47~78 47.78 01/1 0/2005 44.02 - 17.39.01 04~ 1 DlSHON ENT 30.36 17 .70 1 2.66 01/27/2005 5.73 - 14.14r3648~2 DIXON, BRADLEY & MI RANDA 70.58 35.29 35~ 29 01/04/2005 63~06 - 3.03~5702~2 DOHERTY, JACOB & BARBARA 87 r92 44~a8 36.50 6.54 02108/2005 36.50 - 17.33.2594.2 DONALDSON. NEAL 81 .86 39.05 42481 02/09/2005 42~81 - 17 ~33.2612.6 DONALDSON, NEAL 84.20 25~22 58.98 01/05/2005 129.20 - 15.21 ~ 1958. 1 DOTYi CHRISTY L~ 75~58 42.81 24.01 8.76 12/29/2004 70.19 M 17.34.2040.1 DOTYt CURTIS 65.48 28.98 36.50 01/1 3/2005 B9~68 ~ 3.03~5362. 1 DOUBLE DUTCH DEVELOPMEN. 85~56 24.94 17470 25.22 17. 70 11/09/2004 33.50 - 3r03~53264 2 DOYLEt STEVE & KRI STlN 90.90 49.39 41 ~51 14.19.035B~4 DREHERt GREG & KRISTA 89.38 42r81 46~57 01/04/2005 85.62 ~ 3. 15.2708.1 DUFFER D LLC 9.43 6.96 2~47 16.31 ~OB34.1 DUMONT J R~ t TED 18a~32 1 09.20 79.12 02/0212005 60.00 ... 16~32. 0856.1 DUP REE. LJSA K 99.32 47178 51 .54 02/08/2005 48.76 .. 17 .85~OOO1.1 EAGLE SPRINGS JNVESTMENT~ 19~75 3.48 3~48 3.48 9.31 15~21.2916.1 EAMES, ROBERT 85.62 42.81 42~81 01/1 8/2005 39 ~ 05 - 15.22.1502.2 EDWAROS~ ROBERT 196.78 97 ~92 98.86 02/0212005 100.00 -. 9.09~9344~2 EI CHELBERG ERt KENN ETH & JJ 80.52 36.50 44r02 01/31/2005 43.04 - 14.20r 197B~ 1 ELLIOTTt JANE 11 a~04 74.02 44.02 0210212005 73.32 - 17.34.05g2~ 1 ELLIS ~ TODD & DANA 1 03.93 72.89 31 .04 01/11/2005 50~OO .. 18.42.2302.1 ELLrSON t AUBREY & LYNN 83.67 42~81 40~86 12/21/2004 48.52 - 15~21 ~ 1896.5 EMMEN~DUSTIN & KATHY 93~82 57.85 35~97 01/27/2005 55~OO ... 15.22.2232.4 ERISP AHA, Gr NA 95.56 40.26 55.30 01/18/2005 47.78 - 9.09.9070.2 ESHELMAN, ERI C & JENNI FER 81 .86 46.57 35.29 02125/2005 44. 77 - 10~ 10.2172.2 ES KEL$ EN, r RVI NG & JOAN 40~O3 39.05 .98 01/18/2005 45~59 - 13.13+4998~ 2 FARNHAMt DARfN & STACIE 91.80 44.02 47~ 78 01/18/2005 48.76 ... 17.33.2404.1 FARRELL, MJ CHAEL 140.05 1 OO~42 3g~63 02115/2005 38.23 ... 17.33.3678.1 FA YLOR, MILFORD 65~48 28~98 36.50 01/31/2005 4 1 . 08 ... 3~ 03. 53 78~ 1 FBC CONSTRUCTION 31 .24 21 r 18 1 O~06 01/24/2005 5~61 w a~ 15~ 0024~ 1 FENICOTTEROt CARLOS & PEG 126.35 76r 10 43~83 6~42 12/14/2004 .67 YC 15~ 15.0412.2 FERGUSON~CHARLOTTE 44 r 38 42.81 1.57 02111/2005 45.00 ... .. 17 ~34~O908.1 FI NKELSTEI N t CARY 35~40 17 . 70 17~ 70 01/04/2005 20.48 .. 14.19.0306~ 2 FJ ORENZA, ANG lOLl NA & RAFF J 1 04~42 54.09 50.33 01/1 0/2005 98. 70 - 18~42.0466.2 FISCH ER, DA VI D 85.44 42~81 42.63 02109/2005 50.00 - 1 O~ 1 0.2158.1 FISHER CUSTOM HOMES 56.08 17~70 17..70 . 1.7 . 20 .. .:. .3~48 16~ 16.3640.2 FITZEN r LARAE & LI NDA 123.80 46~57 76r57 ~ ~66 01/05/2005 . ~ ~ . ~ 129~OO -...~ 15.21.2948.1 FOLKMAN. GEORGE 81.86 39.05 42.81 02109/2005 47.39 ~ 15.22.2586.2 FRANKLYN, MARK & DONNA 61 .44 45.36 16.08 02/03/2005 50rOO .. 17433.2410.1 FREEMAN, JOHNNA KA Y VEJAR 57.96 28.98 28.98 01/18/2005 32~74 .. 15415.1066.2 FRlDAY1 ROBERT & MARILYN 24.88 21 .46 3~42 8408.0452.2 FRI ES t NATHAN 57~22 33.21 24.01 17 ~33~4258~ 1 FROSTROM. STEVE & TERRI 76~93 62.82 14.11 02/14/2005 70~OO ~ 17 ~34.1 088.2 FUCHS, DARRIN 80.52 40.26 40~26 0210212005 45~53 ~ 16.32~ 1542.1 FUHRMANt JOSHUA 57.96 21.46 36.50 01/26/2005 68.1 0 ... 15.22.1404.1 FULKERSON) ERIC L 81.86 39.05 42.81 01/21/2005 39.05 .. 3.03.5182.2 GAFUROV, NIAL 38.88 21 .18 17.70 01/04/2005 37 ~ 16 PR 15.15.0792.2 GALEt HOWARD & MELISSA 7 4~34 35~29 39.05 01/26/2005 42.65 - 18.42.4222.2 GALLEGOSt JOE & MARJELLA 55.54 31 ~53 24.01 01/12/2005 40.69 - 15~22~26084 2 GALLOWAY1 JERMA1NE & KRISl 131~71 15~89 38.07 77. 75 11/0212004 80400 - 16.31 .022644 GARCIA~ REANA 91~72 28.98 62+ 74 02/01/2005 59.32 .. 14420.0430.2 GARCIA, STEVE & JULIA 21 ~24 17.70 3~54 14420.1284.2 GARDN ER~ VI NeE 119.46 61461 57 ~85 02101/2005 60 r24 - *"** in Msg column indicates no Notice is to be sent (~....:. : t. .... \.~.. . ... . ~ .. .-. ..- ~...... .... ... . . ..... . Current Perfcid:. .03105/20.05. . ........ . .... .~... .-.. . No Delinquent Min imum Amou ntDeUnquent Baja nee Last Pmt Last Pmt 1 7.33.2302. 1 GARRARD. DALE 69~24 32.74 36.50 02/09/2005 35.52 - 16~31.0726.2 GARRETT t PHILLI P 27.80 27.77 403 02/15/2005 26.96 - 14.20.1364~4 GARRIOTT. PAULA 66.46 21 .46 32.74 12.26 01/27/2005 30 ~OO ... 17.86.0010.2 GARRO PROPERTf E$ ~ I NC+ 128~27 5.97 1 O~B2 37 ~ 16 74.32 1 0/07/2004 29489 - 13~ 13~ 8418.2 GARZA. ZARAGOZA & MARIA 39.67 3g~05 .62 0211 0/2005 42.00 - 18.42~2144.4 GEDDJ NGS, J[ M & EI LEEN 22.84 17 . 70 5.14 18.42.0366.1 GILLUM t 0 ERI CK & AMY 74.34 39.05 35~29 01/14/2005 40.85 - 16~ 16~3314.2 GI LMAN ~ GLEN & J ODENE 81.74 81.61 .13 02114/2005 1 08~37 ~ 14.14.3588.1 GINlt KIM R~ 1 04~42 50.33 54.09 01/13/2005 49.35 - 15.22.0310~ 1 GODSIL~ MICHAEL & KORRENA 78.10 39.05 39.05 01/04/2005 79.08 ... 15~22. 1622.4 GOHRt DOUGLAS 149.93 42~a 1 69~O5 38~O7 12/01/2004 1 05. 15 ~ 15~2141022.4 GORBERTt SCOTT & WARNER, B 1 ~54 51 .54 30.00 0210212005 93~ 76 - 18.42.2578.2 GOREt WI LLIAM 74.34 35.29 39.05 01/14/2005 45.59 411 18.43~O448.1 GOTRA CONSTRUCTION 65.49 36.50 28.98 .01 01/04/2005 40. 25 ~ 9~O9~9268.2 GRANEREj DA VJ D & CHRISTI NE 55154 31 .53 24.01 01/27/2005 40 ~69 ~ 15~22~ 1754.2 GRAPATIN. JEREMY & EMILY 120.20 72.89 46.57 .74 12/29/2004 134.00._. 18.42~ 1962.4 GRAVEN t DEL 83.1 0 39405 44~ 05 01/11/2005 49 ~ 00 ~ 10.10.2532.2 GREDLER. CHRIS & CHRISTINA 79.20 36~50 32~ 74 9~96 02107/2005 33.00 ... 16.31.015B~ 1 GRI FFI N, RICHARD & GAl L 51 ~64 51 .54 .10 02125/2005. 5B~gO - 16.32.1574y2 GRI FFITH, FRANK & KATHLEEN . 63.06 31 .53 31 ~53 02/0212005 43.63 - 17 ~34.2126~ 1 GRIGG ~ DANA K 64.38 36~50 27.88 01/04/2005 50.00 - 3.03~5072.2 GRIGORKIV t V ASJLJY & OLGA 73.56 21 . 18 17.70 34.68 17.34.0382.3 GRIM M, KEI TH & 0 ESTI NY 58.36 47.78 10.58 02/28/2005 56.00 - 1 3.13~ 11 96.3 GRI MSLEY. THOMAS & MARl L Yi 44.35 39.05 5~30 1 6~32~ 1166. 1 GULBI5, ANTHONY 44.32 20~25 24.01 .06 01/28/2005 47 ~OO .. 15.21.0462.3 GUNNARSON, HOWARD & RUTr 13g~60 71 .68 6 7 ~92 02/0212005 60. 34 ~ 1 0.10.1 048~2 GUNSONrCLARK 66~82 35.29 31 ~53 12/30/2004 35.29 - 15.21.101B~ 7 GUYMON~ GREG & AL1SON 1 00.81 9~45 17.70 36.34 37.32 1 0/29/2004 46414 - 16~32. OB94~2 HAHN, ROB 91.80 47.78 44402 01/04/2005 1 06.56 - 13~ 13.0020~2 HALEt DWAINE & LATlCIA .r 209~ 70 110.49 99~ 21 02101/2005 1 00.35 - 15.21 ~ 0058.2 HALEY t STEVE & STEPHAN I E 85~21 42481 42.40 0210112005 48~OO ~ 15.21.2708.5 HALL 1 00.66 46~57 54.09 01/26/2005 25~ 76 - 15.15.0029.2 HALLt JOHN & CAROLYN 87.90 42~B 1 45.09 02103/2005 45.00 - 14r 19.6596.1 HAMt RUSSELL M~ 130r66 42.81 87.85 01/04/2005 1 01 ~64 - 17. 34r2732. 1 HAM I L TON, LLOYD 61.60 40.26 21 .34 02115/2005 50.00 - 17.33~ 1842.1 HAMMONS, KENNETH & MARIB( 65.80 25.22 25.22 15~36 11 130/2004 77.46 - 16.31.3378.3 HANCOCK. ROBERT 85.1 0 42.81 42~29 01/31/2005 95.00 - 14.14.3640~2 HANSEN, ROBERT & MARY 111456 40.26 ... - 32~ 74 . .. 31.76: .. .6~60 11/3012004 y · ^ . ~. 80.00 - - ~. . ~. . 18442.0306.1 HANSON~BRENT 43481 42.81 ~. 1.00 0212812005 90.34 - ~.. 17~34.0841.5 HARDY, MICHAEL 166~aO 44402 77.76 45.00 12/07/2004 112.54 - 1 O~ 1 0.01 04.3 HARDY, MrCHAEL & FELICIA 152~95 50433 54.09 48.53 01/13/2005 47.55 - 17 .33~ 2368.2 HARNECKt KARl 69~24 32~ 74 36.50 02/15/2005 50~OO - 15.21 ~2090.2 HARRIS t KATHY 160.39 50.33 72.81 37.25 12/0212004 161.21 - 17 .34.0512~ 1 HARRIS. WilliAM & EMO JEAN 96.97 96.66 .31 02101/2005 1 06.00 - 17.34~2810.2 HARSHMAN, GREGORY S 50.44 25.22 25.22 01/18/2005 26.20 - 15.21.1786.1 HARTt DOUGLAS & DONNA 133+85 57.67 42.63 33.55 01/05/2005 1 05~OO - 16.31.2218.1 HARTt GINA 66.82 35.29 31453 12/2712004 99 ~ 60 - 15.22.2590.2 HART t JULI E 94.36 20.25 31437 42.74 09/0712004 51.09 - 15r22.2288.2 HARTMAN. BRUCE 92.38 36.50 40.26 15.62 11/29/2004 56~ 12 ~ 15.21 ~ 1904~ 1 HATCHER. LAVQNNE 96.90 50~33 46.57 01/05/2005 81459 - 18.42~2366~ 1 HAWK. FRANCIS 57~96 28.98 2B~gB 01/26/2005 28.98 .. 14.19~ 7394.1 HAWKINSt BETIY 63~O9 31 ~53 31.56 02114/2005 39.05 ~ 15.21 ~O48041 HA YES1 LOREN 85.62 42~a 1 42.81 01/04/2005 84.64 · 16431 ~220B41 HAYMOND. DAVID 89.38 42~81 46.57 01/03/2005 1 OO~66 - 17433.4246.1 H ELFERI CH ~ ROG E R 55.24 28~98 26.26 02108/2005 35.00 - *** in Msg column indicates no Notice is to be sent (.-'.~ <.. .: .. :. ~~ . . . (<~,u...... . ~: . . ........... . ... ........ "~~".-r'''''_. ~ . Current Period: 03105/2005 . .... . . ..... .. .-...... -.. ----..... .-.... . . .. No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt 13.13.6058.1 HELP FUND 1 LLC 5g~30 27 . 77 31 ~53 18~43. 2448.4 HELP FUND 1 t LLC 93. 14 46.57 46.57 1 O~20~ 0270~2 HELP FUND 2 36.10 31 ~53 4.57 1 O.20.0024~2 HELP FUND 2 lLC 90.83 54.01 24.01 16.31.0828~4 HEL TON, DEWEY & LISA 96.90 46.57 50433 17 ~33r2766~2 HENDERSON t KEVIN 48.1 0 36.50 11 ~ 60 1 7.34.3244.1 HENDRICKSt CLAYTON 118.00 40.26 40.26 15.21.0494r2 HENDRIX. JAN I E 55.80 21 .46 25.22 15422.2344.2 HENSEL. ROBERT 57.96 2B~98 28.98 18~42. 2600.2 HERI NG1 JASON 142.49 46~57 46.57 18~42. 1862.2 HEWLETTt WilliAM 0 70~22 40.26 29 ~ 96 15.2140548.1 HIBDONt JOHN 51~72 24~O 1 27~71 3.1840406~ 1 HIGH DESERT 26~O3 21 .18 . .4.85 3.18.0405~ 1 HIGH DESERT CONSTRUCTION 8~64 6~96 1~68 14.14.1014~1 HIGH DESERT CONSTRUCTION 22~55 17.70 . 4~85 1 O~20.0222.1 HIGH DESERT CONSTRUCTION 5~ 16 3.48 1.68 9.09.0646.1 HIGH DESERT CONSTRUCTJON 5.16 3.48 1.68 17.79.0827.1 HrGH DESERT CONSTRUCTION 1 0.63 7~15 3~48 17.34.1640~3 HI GHBARG ERt Ml CHAEL & LI N 0 191 ~ 16 87 ~93 95445 15.21.32BO~ 1 HI LLMAN, ALLEN 78.10 39 ~O5 . 39~O5 1 o~ 10.2128.2 HOLADAY~ CARY & GAIL 11 O~60 51.54 59.06 17.33.4346.1 HOLLOWAY, PAIGE 59.30 24.01 35.29 15.21.1928.2 HOLM ES t MI CHAEL & LAURI E 130~66 54.09 76r57 17.3442782.2 HOLM ES. M I CH ELLE 73~DO 44.02 28.98 18.42~ 1 800.2 HONSTER, J EWELEEITERTUCC 90.58 42.81 47.77 17 ~3343660~2 HORTON. AMANDA 65.48 28~98 36.50 1 0.1 0.2250.2 HOSAC, JAMES & WENDY 127.45 39~O5 42481 14.20.0454.1 HOWElL~ DONALD 74.34 35~29 39~O5 14.19~6554~2 HSU, TOMAS & GUADALUPE 91 ~ao 47~78 44.02 8. OB~5082~2 HUBBLE HOMES 12a~O 7 10r82 8.0B.5196~2 HUBBLE HOMES 114~82 1 O~82 17~33. 7618.3 HUCKI NS, DAWN 75.36 22~59 22.59 9.92. 7062.2 HU L TB ERG ~ JEFFREY & ADRIA 6g~90 32.74 28.98 16.31 ~3648.2 HUMPHREY, MARIE & DAVID 50~56 42.81 7.75 .. 13.13~8898.2 HUNSAKERt CHRISTOPHER 64~32 55.30 9.02 15~ 15~OO48.3 HUNTER,PAUL 99.32 44402 55.30 16.31 ~3298~ 1 HUSONt DA VI D S R 80.52 36~50 44.02 15.22.1636~5 HUTCHrNSONt GORDON & CARl 39.59 21 446 ~..16.13 1 0.1 O.1290~ 1 HYMAS, lAURIE 85.62 42481 42..81 3.03.5400~2 HYMAS~ SANDY 87.18 61 .06 26.12 8.0B.0142~2 INGLE. ADAM & SARAH 83~51 42.81 40~ 70 17 .33.2754~ 1 INGOE. BRADLEY 78~ 1 0 39.05 39r05 1 6.32.1148~ 1 IRWIN, DAVID 1 06~84 59.06 47.78 16.31.334443 ISAACSON ~ AARON & J QRLI ENA 88~O4 40.26 47. 78 1 Or 1 0.1286.1 IT ANO HOMES 76.76 36.50 40 ~ 26 16~32.1 0gO~ 1 IVERSON. GARY & S HEI LA 63~O6 31 r53 31.53 15.15.0023~ 1 JAMES A B ENJAMI N 57.96 28~9B 28.98 15.15.001941 JAMES A B ENJAMI N 65.48 32.74 32.74 17 ~33.035841 JAMES COURT APTS 559.08 551.08 8~OO 17 ~33.0370.1 JAMES COURT APTS 308.38 176.75 131 ~ 63 15.21 .2234.2 JARMAN. 8 RIAN 70.58 35.29 35~29 18.42~2778.2 JA YN ES, KA THERIN E 93.14 46~57 46~57 16~32~ 1622~ 1 J ENKI NSt LELAND 91 ~80 44~O2 4 7 . 78 14.19~ 1630.2 J ENKl NS. LEROY 73.00 40.26 32.74 15422. 2530 ~2 J ENNI. TERRY & KI M 142.53 "*** in MS9 column indicates no Notice is to be sen t 01/24/2005 50 ~ 20 - 01/04/2005 88.63 - 12.81 02103/2005 40.69 - 01/21/2005 99.68 - 02/25/2005 35~OO - 37.48 12/14/2004 43.36 ~ 9r12 01/14/2005 99. 12 - 01/03/2005 40.1 0 - 49.35 12/23/2004 944 77 ~ 01/07/2005 50~OO .. 01/04/2005 55.00 - 7~78 45.59 37.16 39.12 30.18 8.18 ... . . . ... .:".;.:." ..... (' c........; . : . .. . . ..... "'''-C-urrent Fleriod: 03/05/2005 . . .. ...... .....--.. .. . ... No Delinquent Minimum Amou ntDerinquent Balance Last Pmt Last Pmt 17~33~2374.3 J LC PROP ERTI ES aO~52 40.26 40.26 17~34.2106~2 JLC PROPERTI ES LLC 127 ~48 44.02 44~O2 16r32~0616. 2 JOH NSON, CONNI E JO 70~O7 31153 38.54 18~42.0374.3 JOHNSONt DORTHY & REX 61 r 12 59.06 2.06 4~ 70.0038.2 JOHNSONtGREGORY 47.38 25.92 21 .46 17~34~Oga4.2 JOHNSON, JOHN 84.28 44.02 40.26 g~09~06a2.2 JOHNSON. JOHNNY & ELf ZABEl 89.38 46.57 42~81 15~21.0080.2 JOHNSON,MARC 97~61 31 ~53 61.53 17 .33.3600 ~ 1 JOHNSON, MICHAEL 41.02 40.26 .76 15.21 ~0096 ~ 1 JOHNSON, TIMOTHY 61.52 39.05 22~47 3.90.0162.2 JOHNSTON, TRAVIS & J U LI E 115. 14 44.88 70.26 16.31.3434.2 JONES, DAVID & CONSTANCE 102.97 25~22 28 ~ 98 9.09.9276~2 JONES, GERALD & BARBARA 69.24 32.74 36.50 16.32.1674~1 JONES, M JAY 65~96 28.98 36r50 13. 13~2088.3 JONES, STEWART 90. 72 49.12 41 ~60 14~20.198B.1 JONES, $YL VIA 220.49 1 51 ~ 77 68. 72 15~ 22~2544.1 JON ES, VAL L. 65.48 32~ 7 4 32.74 15~21.1 05B~2 JORGENSEN. ROBERT & TERI L 91 ~84 50.33 41 r51 1 O~20~O314.2 JORGENSEN. TOM & PATTY 96.90 46~57 .50.33 1 6~32. 0522. 2 J UHASZ~ DON C. 99.96 59 ~O6 40~ 90 13~ 13.4038.2 JUSTENSEN I LARRY & DAN I ELL 94.48 49.1 2 45~36 14.20.1932.1 JUSTICEt PAT 86.78 47.78 39.00 15.21.1422.4 K~ MIA & GUSSIE. MITCH 80~52 44.02 36.50 17.344081211 KAUTZ~ KARL & LORRAINE 69.68 40~26 29.42 15.21 . 0028~2 KEENEY, DONLAN & ELISABET~ 97 ~O4 39.05 39.05 15~ 21. 1826~ 1 KEITHLEY t ROBERT 155~O6 84.17 70~ 89 17~33.2756~ 1 KELLER. KEVI N 74.34 39.05 35~29 6~06~g220~2 KELL Y, JOHN & KATHY 76. 1 2 46~O1 30~ 11 17 .33~2356.1 KENN EDY ~ B RrAN 75~20 36.50 38r 70 13~ 13.9112.2 KERBY, DEBORAH 30~ 70 28.98 1 ~72 18.42.1810.2 KESTER1ROBERT 4a~a4 39.05 9~79 14.20.1470.2 KI BBLEJ HOWARD 111.04 36~50 36.50 18.42.2442.2 KI ENTZ. RALP H & SHERI 88.04 44~O2 44~O2 3. 03. 5358~3 K1M~ SOOKHI 48.83 24.94 17.70 17~33.2704~2 KINDALLj DA VI D 44.06 32.74 11 ~32 16~31 ~0440~ 1 KINGt EDMUND A~ 50.08 25.04 25.04 18~43~O114~3 KINZEL. EMMA & KEVI N 85.62 42.81 42.81 6~ 06.144B~ 1 KLINDTt PAUL & DANETTE 86.58 48.95 ~. ... .37~63 17.34.2128~ 1 KNrGHT, JON 37.38 36.50 ~ .88 3. 90~OO50.2 KNI G HTON, PAUL & NICOLE 76~40 40.14 36.26 g.09.9230~2 KOCHt CHRISTOPHER & M ISH E 74.34 39.05 35.29 18.43~O442.2 KOLSEN. B. & WI LLIAMS, B. 37~25 35429 1.96 17 .33~3624.2 KON DEFF I BRIAN & TERRI 73~OO 40426 32.74 16.32.1384.3 KRAHN J KELL Y 77 ~94 39405 3a~B9 1 0.20~O228.2 KROMANN~ DENN1S & IRMA 70.08 17~70 17.70 10.20.0194.2 KROMANN, DENN1S & IRMA 70.08 17.70 17. 70 18.42~O454.1 KUYKENDALL. BILLY & MARIAN 84.28 40.26 44.02 15.21.1662.1 LABRONTE. TODD 93.14 46.57 46.57 14.14.5048.3 LAl N. MARTI N 118.79 56.64 62.15 14.20r 1366.2 LAM I NG, GARY 89.1 0 46~43 42.67 15.15.3028.2 LAMKE, P A TR1C[A 66.82 61 .53 5~29 18.42.4056~ 1 LAMOREAUX~ KIM 87.64 46.57 41.07 15~22.1244.2 LAMPKIS t LISA 63.06 31 .53 31 ~53 15~21.2814.2 LANDOW t JOANN 141~12 46.57 46~57 14~20.0208.2 LANGEVI N. MI CHAEL & DARCrE 70~58 35429 35 ~ 29 *** in Msg column indicates no Notice is to be sent 39.44 01121/2005 45 ~ 00 - 01/03/2005 70.42 - 0210912005 40 ~OO ... 02125/2005 75.00 - 01/03/2005 37.48 - 01/2412005 26r48 ~ 02103/2005 37.45 ... 01/13/2005 40426 - 02/22/2005 50~OO - 02122/2005 41 ~OB - 01/24/2005 42.06 ... 12/28/2004 72.26 ~ 01/03/2005 44. 38 ~ 0210212005 200.00 .. 01/31/2005 31 r 76 ... 01/31/2005 50.00 .. 01 J31J2005 92.55 - 02109/2005 . 50 ~ 00 - 01/04/2005 . 98.24 - 01/31/2005 115r62 - 12/28/2004 42~ 06 - 01/31/2005 55 ~ 00 w 01/14/2005 1 OO~OO ~ 02/01/2005 54~45 .. 02/0212005 39~05 - 01/19/2005 32.89 - 02/03/2005 75.00 - 02108/2005 30. 00 ~ 02109/2005 70~OO - 01/31/2005 43.04 - 01/18/2005 88.04 - 02/28/2005 40 ~OO - 01/1 0/2005 30.60 - 01/07/2005 46.57 - 01/14/2005 -~ d ~ 35.83 -. ~. .. 02115/2005 ~ 44~02 -.. . 02103/2005 46.06 - 01/12/2005 35.29 - 02109/2005 42.81 - 01/1 2/2005 84 r 12 - 01/03f2005 35.00 - 01/10/2005 40~26 - 01/1 8/2005 46~57 - 01/04/2005 58.00 - 01 126/2005 42~67 .. 0210312005 117.26 ~ 02l16J2005 60 TOO - 12/29/2004 64~04 - 01/03/2005 50 ~ 00 - 01/03/2005 65.02 - 4.55 48r 77 .48 18.94 38.04 .. . .6.19 34.68 34.68 47.98 /.. (... . _.'/~..... {.-.. . : .: . ..... .. .. ................. ... .. Cu rre n t Period: 03/05/2005......- --- -. ~.. . .. . . . ... .... No Delinquent Mjnimu m AmountDeJinquent BaJance Last Pmt Last Pmt 18.42.2116.2 LARSEN, ANNETTE 57.96 28.98 28.98 01118/2005 79.22 - 15.21 ~ 1970.2 LAURENCE, P A TRI CK & ROB I N 70.58 24.01 46457 01/1 8/2005 66.66 ~ 14120~ 1986.3 LEDO. CHRISTOPHER & GLAYD 156.77 46.57 66~57 43~63 12/16/2004 36.51 ~ 14~20~OO14.2 LEEt MJ CHELL E 166~g3 42.81 80.33 43. 79 12/01/2004 91 .81 - 16.31.3654.1 LEISURE VILLAGE VII 937.26 293.31 643~g5 02/15/2005 36 ~ 64 - 18~43.0370.2 LEMAR, RICK & M ELfSSA 122.71 39 ~ 05 42.81 40~85 01/0512005 70~a5 - 1 8.42.2736.1 LENAGHEN, CHRI S 51.12 31 .53 19459 01/27/2005 40.00 - 18.42.2712.3 LESTER, DA VI D & JUDITH 137.05 65.37 71 ~ 68 02/01/2005 75.00 .. 15.22.0328.1 LEWI S. JEFFREY 96.90 46.57 50.33 02101/2005 41 ~01 M 17~34~ 1074.1 LEWI S, LAN NY 88. 70 25.22 28.98 34.50 01/04/2005 75.00 - 14~ 19.0592.2 LEWJS, ROBERT & DJANA 46.63 46457 .06 02101/2005 46~51 .. 17.34.101 O~ 1 LI EN, ELFRl ED E 69~24 32~74 36~50 01/11/2005 31~76.. 14.14.3570~2 LIM, PAUL & ANGELA 11 8.12 66.58 51 ~54 01/18/2005 49158 M 13.13.a984~2 LIMA, J OS I MAR & ROSANA 62~ 70 28~98 32~ 74 .98 02/01/2005 . 32.74- 1 7.33.3658.1 Lr N DSA Y, LAURA 48.74 32.74 16.00 01131/2005 . 40.00 .. 18.42.2706.1 LI NOT ~ TAMMY 63.06 27.77 35.29 12/30/2004 . 38~07 .. 15.22.0172.1 LITZEBAU ERt WI LLJAM & SHAR( 53.93 46~57 7.36 02101/2005 50.49 ... 15.22.1726.2 LLOYD, GEORGE E 22.88 21 .46 1~42 01/04/2005 45 rOO - 18142~2520.1 LOCKYER, M ERRI E 99~26 65.37 33.89 02/01/2005 70.00 - 17. 7g~0330.2 LOEHR~ GREG & STAFF ORD, H~ 52.64 40r26 12.38 02/07/2005 . .. .36.50.. 16.32.0754.2 LONGt LUJ EAN 164.50 80.33 B4~ 17 0210212005 . 59.81 - 18.42+ 1176~2 LOPEZ. 0 USTI N 38~89 32.74 6.15 02/07/2005 33 ~ 00 - 15~21.3134.1 LOVEt JAM E$ & ELIZABETH 135~O2 47.78 51.54 35.70 01/04/2005 1 OO~OO - 1 7 ~33. 2706.1 LOVELAND. JEREMY 35. 1 7 28~ 98 6419 02/0212005 80.00 ~ 16.31.0432~3 LOWDER, MARK & ANGELA 152.40 89~O6 63~34 02/0212005 1 00.00 K 15.21.2782~3 LOWEt JAMI E 63~O6 31 .53 31.53 01/07/2005 31 .53 .- 16.31 ~O780~4 LOWE~ TAMMY 66.30 50.33 1 5.97 02/15/2005 35.00 - 15.21.3096.2 LOY ~ DALE 86~96 45.36 41.60 01/04/2005 47.16 - 8.08~ 1548.2 LOVA.CESAR 63. 76 32.23 31 ~53 01/18/2005 40.69 - 16.32.0510.2 LOYD1 WOODY & JOY 1 08.65 31153 39~ 05 38~O7 01/03/2005 76.13 ~ 8.08.0408.1 LUCHI N I ~ JAM ES 90.24 47.43 42~81 01/21/2005 45~59 - 16~32.1320.1 LUKE, SHELLIE M~ 134~42 80.33 54.09 0210212005 116. 04 ~ 17.07.0214.1 LUNA HOMES 25~O7 24.06 1 ~O1 10.10.2074r2 MACKAY, DAN 117.04 60~40 . 56464 01/18/2005 9.16 - 14.20~ 1316.2 MAHANEYt TOM & PATTI 1 0g~63 35.29 39.05 35.29 01/04/2005 70.57 - 1 O~ 1 O~OO24.2 MAHOS. MICHAEL & WHITNEY 96~gO 46.57 50~33 01/1 0/2005 70.58 - 6~ 06. 9858.2 MAl. CURTIS 55.39 24.27 15.07 16.05 12/23/2004 15.07 - 1 a~42.3740.2 MANNt JOSH 65.48 32.74 ~ -. .. -.32.74 . .. .... .. -- 01/31/2005 ~ -: . ~ . 72.02 .: - . - .. 3.18.010642 MARKHAM, PAUL & JAMIE 118. 70 41~12 . 36.50. ~ 41.08 12/1 0/2004. 44.33 -. . 17.34.1472~ 1 MARKHAMtRON 7 4~34 31 .53 42~81 02108/2005 8a .24 - 8.08~0440~ 1 MARSHALLt JOHN 60~ 62 31 .64 28.98 01/1 0/2005 41 ~ 08 - 18.42.1950.1 MARTI N t DAN I EL K. 70~58 39.05 31 ~53 01/04/2005 75.48 - 8~O8.128842 MARTI N t SCOTT & JAN ELL 95~g6 53r 15 42.81 01/21/2005 42.65 - 1 O~ 1 0~211443 MARTINt TIMOTHY & DONNA 98.24 52.88 45.36 01/11/2005 48.14 - 15~21 ~2820~3 MARTINA, DA VJ D 150.97 49~ 65 50. 17 51.15 12/01/2004 110~5B - 1 7 ~33. 2298.1 MARTIN EZt LETI C1A 56.1 0 55~30 ~80 02/08/2005 85~OO ~ 13~ 13.8930.2 MARTIN EZ. RONNl E & TI FF ANY 42~22 40.26 1.96 02108/2005 79~54 ... 6~O6.9236.1 MASSEYt WADE 52~58 29.01 22~ 59 .98 01 J25/2005 22.59 .. 14.14.5044.2 MAST, JOHN 50.24 27~77 22~ 47 01/27/2005 32.00 - 1743440684r 1 MAUPIN, JOHN 51 .42 25422 25~ 22 498 02111/2005 25.22 ~ 14~204194ar 1 MCARTHUR, MARIA 128.46 40426 40.26 4 7 ~94 01/03/2005 45.00 ... 18~42~2072. 1 MCCLI NTICK, TODD & LErSA 1 05476 56.64 49.12 02/01/2005 61 r22 - 18.42~O440.7 MCCLOUDt RUTH 69424 28.98 40426 01/03/2005 36.50 - 16.31.019441 MCCLURE. HOLLY 75.68 37 ~84 37~84 01/27/2005 75.68 - 18.42r 1138~4 MCCORMICKt JONATHAN & MEl 81.86 39.05 42.81 12/29/2004 133.32 - ... in Msg eolu mn indicates no Notice is to be sent (. .. (.. :.: . . . . ................ .... . -. . Current Period: 03/05/2005 .. ....... . .. ........... . : No Delinquent Minimu m AmountDelinquent Balance Last Pmt Last Pmt 7 ~40.0244~2 MCCORMICKt RI CK 77 ~62 41~12 36.50 16.32.0230~ 1 MCFADDEN, LEONARD 185. 72 66.58 11 9.14 17~33~ 1654~3 MCF ALL. M r CHAEL 54~20 25~ 22 28.98 15.21.2114.3 MCGAHEY~ JAMES & LISA 89.63 35.29 54.34 6~06.1258 .2 MCGERTY1 JAMES & KATHY 41.80 40~45 1~35 16~31.0a22~ 1 MCKAY, JOHN 73.00 32.74 40r26 9.92.7014.3 MCKINNEYt SCOTT 46.92 32.74 14. 1 B 94 09~ 9678.2 MCKI NSTERt TRENT 78.1 0 39.05 39405 17 ~33.2556~ 1 MCLEANt BRANDON 61 ~66 44.02 17464 16.32.0454.3 MCLEAN~ JACK & BOB 136. 1 6 77.78 58.38 15.22.0308~ 1 MCLELLANt SCOTT 81 ~86 39 ~O5 42.81 13. 13.8824.2 MCMJCHAELt ALAN & CARRI E 78~ 1 0 39.05 39.05 14414.3574.2 MCNERNEY, ELLEN 74.34 31 ~53 42~81 16~31 ~O668~4 MEADEr LENA 80~52 40.26 40~26 7.07.9004.1 MEDJCAL ARTS CHARTER HIGH 389.94 209 r62 180.32 17.33.2538. 1 MENDOZA. GEORGE & ELIZABE 144.44 7 4~ 1 0 70.34 18~42.2422~2 MERCADO, RODERICK 55.54 27.77 27~ 77 3.03.5388.2 MERRILL, RJCHARD W~ 39.86 22.16 17 ~ 70 1 a.42.3000~2 M ES KEt MICHAEL & PETERS t D~ 81.86 39.05 42.81 16~31 ~O494.2 MESZAROSt LILLI 100.66 46~57 54r09 15.22~ 1744.2 MI LLERt CAMERON 80.44 21 .46 58.98 16.31 ~3032.3 MI LLER. CHARLI E & $H ELL Y 149~ 78 92.82 56~96 17 ~34.1 938.3 MI LLER~ DON 76.76 36.50 40~ 26 9.09.0130~2 MI LL ER, JAM ES 55.54 35~29 20~25 16.31.0568.2 MILLER, NEI L 57 ~96 28~ga 28.98 7440.0266.1 M I LLERt STEVE 122.90 63.84 59.06 a~ 08~ 0304~2 MJ LLSt JOHN 148.76 79.63 69.13 17 ~34~ 0934. 1 MIRANDA~ MARK A. 91480 44.02 47.78 16.31.3074.3 MOCABY. RYAN 132.22 47.78 47.78 15. 22~2434.2 MOELLIS~ KOREY 49~85 25~22 24~63 14.20~ 1652~2 MOLEBASHt JOHN & MONJCA 126. 77 47r78 47.78 151 15.0526.2 MOLl NA~ RONALD 1 01 .98 32r74 32.74 17~33~O302.2 MOMS, PEGGY 57~aO 17.70 17 ~ 70 15.2240210.1 MONAHAN. MICHAEL 117.40 17.70 ~ _21..46 18.42. 1836.3 MONROE~ BUD 54.98 50~33 4~65 7 r40.0382.3 MONTAGUE. TERRY & CAROL YI 11 0.00 49~62 44.02 9.09r968442 MOORE. MICHAEL & TONYA 38.88 30~32 8.56 6.06r9S9042 MORGAN LAUREL 76.15 29 ~99 .. ...~22~59 . 18.42.277445 MORIN. MI CHAEL 74.34 39.05 ~35.29 . 13.13.4030.2 MORRIS ~ JEF FREY & BREN DA 80452 36.50 44.02 14.19~ 1300.2 MORRfS. LAURA 29~97 18~42. 2368.2 MORRI81 PAUL 85.62 39~O5 46~57 15.22~2550.2 MOSGROVE, RONNA & TOM 48.53 46~5 7 1.96 16.32~O650.2 MOWRY, CHARLOTTE 46.68 21.46 25.22 15.21.11 22.1 MULLIN, MICHAEL 85r62 42.81 42.81 17 .33.3586~ 1 MURRAY, EDWIN & DEBBJE 69.05 39.05 30~OO 8r08.1112.3 MURRAY. JASON & SARAH 1 02.50 55~93 46.57 18~42~ 1982.2 MURRAY, JAY & MELISSA 44~28 44.02 ~26 15. 21 ~ 1 06B~ 1 MURRA Y r JOHN 76.58 40~26 36.32 17~33.0264.2 MUSGRAVE, JOHN & LOUISE 5.35 14~ 19.0268.2 NAU t TJM 31.36 27.77 3.59 16.3140146.2 NAY, ALICE 65~48 32.74 32~74 8.0a~ 1070.1 NEI DER~ KYLEE & M END I 111~74 46.45 65~29 15.15.0065.3 NELSONt G EN E$JS 132.81 42.81 50~33 6.06.9278.2 NELSONt MARTIN & KATHY 64484 34. 73 30~ 11 *** in Msg coJumn indicates no Notice is to be sent 36~66 31.21 36~50 22.40 39. 12 16.36 . ... . ~ : 23..57 . .. . 39 r67 (. ('.". ..... No Delinquent M inimu m AmountDelinq uent Bala nee Last Pmt Last Pmt g~094 0274.2 NELSON, MARTI N E 78.04 39.05 38~99 1 5.21.2002~3 NfSH I 0, SYSf L 70449 47.78 22. 71 15.21 ~04g8.1 NOLAND. SHAWN 89~38 46.57 42~81 6.06.999242 NORD. STEVE & LI NDA 125.1 9 48495 37.63 9.0940632.3 NOWASK1~ CRAIG & JUDY 93.14 46.57 46.57 16.32~ 1 002r 1 NUTTALL~ JODI 85.40 44r02 41438 17~33.4262.4 NYE~ SHANE & JENNrFER 131.24 44.02 44~O2 14.20.012642 O.SANION, BRIAN & TIFFANY 128.46 36450 44~O2 14. 14.3546.3 OLSON. BRYAN & RACHELLE 21.12 17 ~ 70 3.42 16~32.1460.1 ass URN. JODY 46416 28~98 17~ 18 13.13~60BO~2 OSTERHOUT~ BENJAMIN 46~57 42.81 3.76 13.13.9076~2 OTTERt CAROLYN 75.32 35.29 35~29 18.42.2258.2 OVERDEVESTtROBERT 478.92 23g~46 239.46 18.43.0360~3 OZUNA~ JOS E ~ JR. & REN E C. 85.62 39.05 46.57 17.34.1676.1 PADACA, VERNON. 57496 28~98 . 28.98 16~31 .3504.1 PADDOCK, LIN DA 49434 36.50 12.84 15~ 15~O406~2 PAGEt DEBSI E 72.24 28.98 43.26 15.21.2230.1 PAGE, LI NDA 66.82 31 ~53 35.29 3.90~OOO4.2 P ALAG I t JERRY & TERRI 52.12 30.66 21 ~46 17.34~ 1230~ 1 P ARENT ~ BEAU 44.28 44.02 .26 16.32.1392~ 1 PATTEN~ JASON 81.31 40.26 41 .05 17.34.2110.1 PENCEl STEVEN 1 06.84 51.54 55.30 14.1443580 r2 PENDLETONt WES & PAULA 78.00 50.33 27.67 15.22~O170.2 PEPPLEY~ TONY & RAE 77. 76 36.50 41 ~ 26 7.40.0236.3 PETERSON~ JEAN & VAN 437.30 55~ 18 59.06 17.33.257043 PETERSON, MATTHEW JR 118404 70.26 4 7 r 78 13. 13.5000.2 P ETROVIAKt J ENN I FER 61~72 32.74 28.98 3~03.5234~ 1 PHJ L HORTON 71.90 39.16 32.74 17.33~3664r 1 PHILLIPS ~ CH RI S 40.27 40.26 ~O1 18.42~ 1218.3 Pl ERCE, DEVIN 73~ 00 32.74 40.26 15~22~ 1526.1 PI ERCE, T ANY A 78~ 1 0 39 ~O5 39.05 9.09.9778.1 PINNACLE HOMES 43~ 12 17.70 21 .46 15.22.1344~ 1 PLOTT, JOHN 194.50 72.89 121461 18~42. 2336.1 POGUE, LISLE & VI CKI 81 ~B6 39~O5 . 4 2~ 81 13.13.4040.2 POPEl GERARD & JANET 81 .86 42.81 39.05 15.21 ~2604.1 PORTERtRODNEY 42.32 39.05 3.27 17.34.3262.2 PORTLOCK~ JEFFREY 61~72 28r98 32.74 1 5.21.3062. 1 POWELL, GREG & CATHERINE 41 0~24 225.84 .~. ."1 a4~"40 .. 16.31.1010.1 PRADO, RIGOBERTO 1 00.66 50.33 50~33 17.34~ 1940.2 PRESLEY, ALLISON 97.72 58.98 3a~ 74 10. 1 O~OO6B~2 PRI ESS~ J ENNl FER 139~52 86.64 52~88 18~4B~4101.1 PROPERTIES WEST 149.50 17~33.2602~2 PRYOR, J UN E 80.52 36.50 44.02 18.42.2070.5 PUETT, KA TRINA 54.20 28.98 25.22 15.22.2256.3 PURDY~ BRADLEY & KJMBERL Y 114.36 62~B2 51.54 14.1445034.2 PUTMAN~ CHERYL 49.46 21 .46 28400 13.1348834r3 Q21NVESTMENTS LLC 33.21 25.22 7.99 1 7 .34~ 1172. 1 QUARNBERG. CARL & DOROTH 151.88 92~82 59.06 7 ~40.0278.3 QUESADA~ CLAUDIA 40~38 40.14 .24 8.08.1322.3 QUILANTAN, ALEX & MARTHA 151.85 58.71 46.57 15421.0012~2 RAI N FORD. ROB ERT & ALl N DA 105.74 36.50 32.74 16416.3001 ~ 1 RATCLIFFE INVESTM ENTS 20488 18.42.2768.1 REDDING~ JOHN 50.44 25.22 25.22 7.48.0132.1 RED$T AR CONSTRUCTION 32.61 28.15 4.46 15.21.2704.4 REEDER~ STEVEN & EILEEN 78.1 0 35.29 42.81 *** in Msg column indicates no Notice is to be sent 38.61 43~20 47 r94 4.74 42~06 3.96 46.57 36~50 ('"'.. . (::....:... ... .. ... ... . .. . .. . .. . .. . ..... .... ~................. .. . . . C u rre n t Pe riod: 03/05/2005 . .. ........ ... ..-. - -. .. ... . . No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt ~~~g~~~~~~~~~0~0~~~~0~~~~~:!0~~~~~~~~~0~~~~~}~~0;0~~~0000~~~~~~ 9.0949110.2 REEVESt JOHN H. 61.72 28.98 32.74 01106/2005 81 ~ 1 B - 18.42~ 1916~3 REGENNJTTER, CONNlE 61 ~ 72 32~ 7 4 28.98 01/13/2005 71 .36 - 18.42.2620.1 REYNOLDS, P A TRJ CK T 127.37 31 .53 61 .53 34~31 01/06/2005 75r47 .. 17~33~4578.1 RHINEHART, DOUG & MARY 76.52 39.05 37~47 02/2212005 10~OO .. 18.42.3094.1 RHODES t J USTI N 32.33 27177 4~56 03/01/2005 34.00 - 8.8040118.1 RJCE~ RAN DY & COLLEEN 36.60 14~80 21.80 8.08. 1416~2 RICE~ SCOTT A 70~33 42~69 27.64 02/01/2005 39 ~ 05 - 14.14.9058.1 RIDG ELJ N E 35.40 17.70 17.70 01/24/2005 17 ~ 70 ... 3. 15~2507 .1 RI DG ELIN E 8~ 19 6.96 ~ 1.23 18.42.031 O~3 RI N KE, JOE & 8M ITH, RAN DALL 85.62 42.81 42r81 01/26/2005 51 . 15 - 17433.2758.1 ROBERTSONtROLAND 50 ~ 44 25.22 25.22 01/2512005 25.22 - 9.09~9148.2 ROBI NSON, COLLEEN 1 05.07 50.33 54~ 09 ~65 02101/2005 42~OO .. 17 .33.2580~2 ROBLES, r GNACI 0 356r88 36.50 25.22 .28.98 266~ 18 03101/2005 36.50 ... 14.14.4450.2 ROGERS, JACK & 0 ENIS E 83.96 39.05 39.05 5.86 01/04/2005 130~OO ~ 14.14.4466.1 ROPERr JACK & LAURY 48.29 45436 2~93 0211 512005 50.00 .. 84 08. 0228~ 1 ROTH HOMES 50. .16 21 ~ 18 28.98 02114/2005 17 . 70 - 14420.2060.3 ROTMAN. MARY 48~80 47.78 1~02 01/05/2005 200.00 - 17 ~33~012a.1 ROYAL DYNASTY 570~90 7.55 7.55 7.55 548.25 06/08/2004 447.50 - 15.22.0914.1 RUCKER, JEAN 87.90 39.05 42~81 6.04 01/05/2005 75~OO ~ 13r 13.6060~ 1 RUNGE~DUNCAN 133~08 51 .54 . 81 .54 . 01/05/2005 188~38 - 16. 31 ~2222.2 RUSSELL. BRIAN 53. 78 32.74 .21 . 04 0210912005 50.00 - 18.42~O322.2 SAEN PHANS I RJ, DA VI D 74.34 35.29 39.05 01/12/2005 40.85 - 9~09.0404r2 SAFFERY, BRETT & KA TELLA 61~72 32~74 28 ~ 98 01/25/2005 80~20 - 14 ~ 19. 7156. 1 SALAZAR, DANI EL 39.16 17.70 21.46 01/26/2005 61 .88 ~ 15~21 ~20a6.1 SANDERS, LAWRENCE 63~O6 31 .53 31 ~53 01/14/2005 33~49 .. 15.15.006442 SANTENSt TONY A 76~ 76 36 ~50 40.26 02111/2005 43.04 - 14.14.5043.3 SARCO, BETTY 60 ~41 40.26 20. 15 02108/2005 43.00 M 17.34~ 1 078~2 SAVELBERG. DOYLE 113.50 32.74 36450 44~26 01/21/2005 50~OO .. 18.42.2046r2 SA YLES, BRETT & J ENNJ FE R 82~60 41 .60 41.00 02109/2005 43rOO - 8~O8.0194.2 SCHABOTt CHAD & JENNIFER 94.98 48.41 46.57 01/04/2005 42~81 - 15.22.1386.1 SCHAEFFER~ MICHAEL 88.86 42.81 46.05 01/04/2005 116 , 00 ~ 16.31 ~359a.2 SCHEUFFELE~ TERRY & MICHEl 88.04 44.02 44.02 01/13/2005 45~82 - 1 0.20.0252.2 SCHLUETER~CAROL 25.42 21 ~46 3~96 02/07/2005 1.74 - 15~22.2356.2 SCHMrOT, GRETCHEN 61472 28.98 .. ..32.74 .. 0111 8/2005 37.32 -~.. 16.31 ~O754.2 SCHOENWALD, RICHARD 73400 36~50 36r50 12/29/2004 76.60 - 9.09~g1 02.2 SCHOFIELD, PAUL & HILARY 61 ~oo 32.74 28.26 02/01/2005 40.00 - 17.33.2584.2 SCHULER. ROBERT & JAMIE 69~B6 36.50 33.36 02/09/2005 45.00 - 16~31 ~ 3334.1 SCHUSTER. DORTHY 90~20 r .... .. '=" .. ~ . ~ . ~ .... . " "28".59 " .. ~61.61 11/29/2004 - U. ~ ~: . 25~OO - 14.20~ 1350.2 SCRIBNER. WENDY KAY 69~50 36~50 . ~ . 334 00 ~ 0211 0/2005 .. _ 40.00 -~ _ _.. 15.21 ~2642.1 SCURI. LAURA 63.92 34~O8 29.84 02122/2005 3BrOO - 1 7 .34~ 1874.1 SEEL Y, RANDALL C~ 65.48 28.98 36.50 01/31/2005 65.48 - 16.31.3030~ 1 SHAWVER. scan 80~52 36~50 44.02 12127/2004 91 .96 - 14~20~OO94~2 SHEA, JOE & SUZANNE 7841 0 39 ~D5 39.05 01/04/2005 85.94 - 18~42~2526.1 SHEL TRON. ROGER 144~45 39.05 61.61 43. 79 01/14/2005 44~ 77 - 15.22.0790.1 SHI ELD TRUSTEE S ERVI CES t LI 85.54 81.62 3.92 0211 0/2005 62.82 - 17.34.0262.2 SHIPPEY~ ROBERT 74.34 35.29 39.05 01/04/2005 38.07 - 11 ~ 11.5050.2 SHOES RIDGE, BRAD 45.06 36450 8~56 3~90.0252r2 SHUBINr D. & CATELLON, F. 113.41 60~90 52.51 01/04/2005 35.00 - 17.34.21 04~2 SIEGMANN, THOMAS 73.00 32.74 40.26 01/14/2005 44. 84 ~ 15421 ~O208.1 SJLSBY, TERRY 1 oo~ao 65.29 35.51 02/0212005 1 00400 - 15.21 ~2730.1 SJLVESTRI, PAUL & SHANA 75.44 39 r05 36~39 0210212005 1 00.00 .. 1 0.1 O~ 11 08.2 SIM MONS. JON & JANA 79.02 46.57 32.45 02/01/2005 45.00 ~ 1 0.1 O~01 06~2 SIMMONS, SANDRA L 56.36 32.74 23162 09/09/2004 40r 16 .. 13r 13.6054.2 SIMON I ~ N EI L & TERRY ANN 32.10 31453 .57 15. 21 ~2B36~2 81 NGLETON ~ RODNEY 164.84 79~ 12 8S.72 0210212005 78.00 - **- in Msg column indicates no Notice is to be sent ..) {~. . 1. . -..... . (:.. ...'. . . . .......... .current Period: 03/05/2005 . .... .h. ..- -...... . . .. .. . No Delinquent Minimum AmountDelinquent Barance Last Pmt Last Pmt ~~~~~~2~2~~~~~~?0~~i~~0j~~~~~~0~0~0~~~s~?~~!~ 00~~~~~0~~0 . . 17~34~O820~2 SlTZLAR, RON 50.96 25 r22 25~ 74 16.15~0001 r 1 SIXPOINT DEVELOPMENT 89.82 18.42.3084~ 1 SKIPPER, DA vro 83.10 42~81 40.29 15.21 . 1 066~ 1 SMALLWOODt NEIL 72.96 62.82 1 O~ 14 15421.3010~ 1 SMITH1 BRYAN 73.00 36~50 36~50 9.09.9396.2 SM ITHt DAN ETTE 81 ~B6 42.81 39.05 8.15~019a.2 SMJTH~ GEORGE & KERRI L 1 00. 18 56 ~ 16 44~ 02 16.31.3562~3 SMITH t JUSTIN & TAMMY 71 ~38 46457 24.81 14~ 19~4426.3 S MfTH, ROGER 75~4 7 50~33 25~ 14 15.21 ~2208r2 SMITH, RONALD & LI NDA 11 0.60 55~30 55.30 6.06.1334.2 SONNEMAN, DAVID 105.25 38.49 30~ 11 15.22. 1462.2 SPIGNERt TAM I KA 59~30 31453 27.77 16~ 15.0204.1 SPYGLASS HOMES 4.60 3.48 1.12 16.15.01 06.1 SPYGLASS HOMES 23.25 17 r33 3.48 16~32~ 1686.3 ST GEORGE~ JASON 57.96 28.98 28.98 17.34.3316.1 STADLER, STEPHEN & HEATHE 136~ 72 36~50 62r 74 7.40~OO16~2 ST ALEY ~ HOLLY 121.96 67.60 54.36 17.34~ 1 026.3 STANTONr SHERRY 60~BO 28.98 31 .82 15~21.0 136~2 STARK, MIKE 40.89 35.29 . 5.60 16~32.0678.1 STEARNS, LARRY 81 .86 39.05 42~81 16.32.0792.2 STEPHANSj LEAN N 119.22 72~89 46.33 14.20~O14242 STI EHL. REX & RES ECCA 1 05.68 37.84 67.84 16~31. 1 008.1 STI LESt Mf CHAEL 78.10 39 r05 39~ 05 18.42r3056.4 STJ NAR. I LEN E 63.67 39.05 24.62 17.34.2044.3 STOnS, JAMES & ROBIN 99~32 51 ~54 4 7~ 78 3.03.5540.2 STREHLOW, ERIC & KA THI E 38~88 21 .18 17. 70 8~O8~O218~3 STURTEVANTt DARLA 77.46 36.38 40~26 6.06~ 1914.1 SWANSONt STEVE 76. 1 2 42.25 33~87 14.14~3552.2 SWEIGARTt CRAIG & CANDACE 69~24 32.74 36.50 14.19.6556.2 SZURGOT. TINA 69.28 35.29 31 .53 14.20 r3204.2 T ALBOr ~ LYLE 63~O6 31 ~53 31 ~53 1 O~ 20. 0198~2 T ANN ER~ BRIAN & KRJ STI 81. 79 42.81 38.98 9.92~ 7154.3 T A TUM1 TI MOTHY & TI NA 36.1 0 31 .53 4.57 16.31 r2230.3 TERRELLt MATTHEW 70~58 31 .53 39~O5 17.34.0432.1 TERRJQUEZJ FRANCISCO MAG~ 84.28 40.26 44~O2 6.06.1526.2 THOMAS, MARK & DENISE 56.62 52.71 3~91 16~32. 1558~4 THOMPSON. GARY 138.60 44.02 4 7 . 78 3. 03~5302.2 THOMSON, ROSS 54.90 29.68 . ~ . . 25 ~ 22 .. 14.20.0140.2 TJ DWELL, KORY B 1469 42~81 . .- ~ 38488 ~ 17.07.0213.1 TODD ZIMMERMAN 30.54 25.22 5432 10.10.2104.2 TODD1 LESLIE & ANNEMARIE 11 0.52 40.26 70~26 16.31.0442.1 TOPLI FF t CHARLES 21.57 21 ~46 .11 13.13.8570~2 TORFI N~ CH RI STOFFER 93. 14 46.57 46.57 15422. 09g0~3 TOWNSEND~ BRYANT & TAN1Sl- 158.76 46.57 80.33 15~22~ 1204.6 TRAl NOR1 MARJ r 74.34 35~29 39~ 05 13.13.8546~2 TROGDON~ TYKE JR 86~48 45.36 41.12 15.21.1174.1 TWADDLE~ DAVID 126.90 80.33 46.57 6. 06. 1932~3 TWEOE. ROGER & JENNIFER 78r93 30 r97 22.59 10.20.0044.1 TWIN CREEKS CONSTRUCTION 35~40 17.70 17.70 16~31 ~2984~2 U.$ DEPARTMENT OF HUD 135.00 15~21. 2956~3 ULLMANN t GREG & KELLI 80~52 36~50 44.02 7.40.0052~3 ULR1CH, TAMARA 89.88 49.62 40.26 17.34.1 946.4 VANCE. CH RI STY 125.48 Sarg8 66.50 14.19.0120~2 VANLEUVEN. MATTHEW 93. 14 46.57 46.57 16.31.2304.4 VARIN. ANDREW 91.80 47~78 44402 .** in Msg colu mn indicates no Notice is to be sent 36.65 2.44 37.48 .82 2.46 46~80 31 .86 25.37 37 .16 (.:. ...: (r '.:'.:... :: . . . . ....... ............ .or-. ~. .... . .. .. .... Cur re n t Period: 03/05/2005. ...... . . .. ...... ........ ........... . No DeJinquent Minimum Amou ntDeHnquent Sa lance Last Pmt Last Pmt ~~~~~0000!0~~~~:0~~0;?0~~~~~~~~:~g~~~8~~~1~~?i~.~0~0~~~~~ . -. .-. ... . . . .. . 15.21.1 032~ 1 VELADA~ FED ERI CO 1 08~65 35.29 35~ 29 16~32.1406.2 VlCKERS, BETTY 114.28 36.50 77.78 17~34~ 1520.1 VI CTORY. CHRJSTOPHER 91.80 44.02 4 7 . 78 14.19.0352.2 VI LLARREAL. VERONICA 58.36 27 .77 30.59 3. 03~586B~2 VOORHEES. MIKE & JODY a5~ 18 43~67 41.51 8~ 15.0190.2 WAITEt ERIC & AMBER 1 09.28 59.69 49.59 8.08.1400.3 WALBRIDGE, RAYMOND 53~96 39.16 14.80 5.08~OO94.1 WALDORF & SONS 101.86 28 ~ 70 1 7 . 70 13r 13.6062.2 WALDRON, DAVID & MARGARE4 85.62 42.81 42.81 15.21 ~2176.2 WALKER. CLINTON 84.01 65~3 7 18.64 8.08.0236.2 WALKER~ DONOVAN & DIANE 96.94 54 ~ 13 42.81 9. 92~ 701643 WALKER~ KENNETH & RAYMON 31.44 24.01 7443 17~33.3682~ 1 WALLACE, CRYSTAL 80.52 40.26 40.26 16431.0228.3 WALLMAN, JASON 8 7 ~54 28~98 58.56 16~32.1278~ 1 WALTERSt DAN 61.72 32~74 28.98 9.09r9666.2 WANAKA, MICHEL & RAECHELE 45.96 40.26 5.70 8.08~ 1248~2 WARD. ROBERT & TABBATHA 56.28 49~62 6.66 16~32. 0444. 1 WARNERt MJCHAEL & CYNTHJA 74466 55.30 19436 14~ 14. 3582.4 WARNER. WADE & DENISE 145.60 46~57 50~33 14.19.4470.2 WATLINGTON. J USTI N . 74.34 35.29 39.05 15.21.1512.3 WATSON. PATRICIA 22~O3 21.46 .57 15. 21 .2096~3 WATSON, PAUL & TRICIA 71 ~57 35.29 36r28 15.21 ~OO70.1 WAY, KELLY 85.62 46.57 39.05 18442~O462.4 WEBB, HENRY & CHERRIE 115.54 20.25 95.29 15~ 21.2712.5 WEBBENHORSTt JED 119.11 42.81 39.05 15~21.2192~3 WEBERt THOMAS 115.62 72481 42.81 9.09.9604.1 WEDGEWOOD HOMES 25.49 25~22 .27 14.19~ 1298.1 WEIR. DUANE & JOANNE 78.10 35.29 42.81 15.21 . 1412.2 WEISWEAVER~ CHARLES 73.00 36r50 36~50 18~43.0396.3 WELCH, ROBERT & TJFFANY 262~34 80 ~ 41 181 . 93 18.42.0376.1 WELCHt ROBERT & TIFFANY 148.1 8 50.33 97.85 15.22.1466~ 1 WELCH, RODNEY 96.90 50.33 46.57 15.21.1968~6 WELDIN. TAMMY 85.62 42.81 42~81 1844342446.1 WELFLEY, ROBERT 37440 35~29 2.11 134 1342056.3 WERHAN Et WI LLIAM 7 4~34 35.29 39.05 16~31 ~3322.1 WESTON, DECKER 74.32 28.98 44.02 14.20.1724.2 WHALENJ JOHN JR 77.79 24.01 24rO 1 15.21.0184.6 WHITE~ ANDREW & CORlE 1 06.84 55.30 ) ~ - .~ 51 : 54 - ~ 16.32.0846.1 WHITE1 LUCILLE 73.00 36.50 . . ... ~36.50 16.32.1436.3 WHITING. SUZETTE 57 ~96 28r98 28.98 15.21 ~ 1590.1 WH ITTEN t DA VI D 77.90 39 ~ 05 35.29 17.34.2788.2 WIEDENDELD, DONALD & HEAT 61~72 28.98 32.74 16.32~O618.2 WI LKERSON. JASON 263~ 74 192. 14 71 ~ 60 1 8.43.0330 ~2 WI LKEY ~ THAD & LORI 91 ~ 1 2 49~ 1 2 4 2~ 00 17 . 79.0322~2 WI LLIAMS, JARED & RACHEL 33.4 7 27.77 5.70 17 ~33.3578~2 WI LLIAMS, RONALD 78.1 0 35.29 42.81 13~ 13. 6064.2 WILL1AMS, SCOTT & REBEKHA 89.38 42.81 46.57 16.32~ 1252. 2 WILL1AMSON. DALE 31.71 21 ~46 10.25 15.21.0108.3 WJLLS, BENJAMIN & JAMI E 65.48 32~ 74 32.74 16.32~ 1638.2 WJLOTH~ MARK 66.08 31 453 34.55 15.21.2184.2 WJLSONt BRADL Y 114~82 31 .53 35.29 14.20.3214.3 WILSON t 8 RETT & KELLJE 1 09~50 44.02 44.02 15.21 .1092.1 WILSON ~ CHARLES & HI LOA 76.76 40.26 36450 1743343632.1 WILSON ~ 0 EN Nf S 74.34 27 r 77 46~57 17~34~2828.2 WIMM ER~ RI CHARD & KA THLEE 136rB4 40.26 96.58 ..1r in Msg column indicates no Notice is to be sent 38rO? 17.70 48.37 37.25 02/23/2005 02/09/2005 01/07/2005 12/27/2004 02/0212005 0211412005 01/12/2005 01/27/2005 02/01/2005 02101/2005 01/04/2005 02/04/2005 01/2712005 . 01/2112005 1 0/05/2004 01/05/2005 02/01/2005~ : ~ -.. ... ~ 02/08/2005 . ..... 01/13/2005 02/07/2005 01/13/2005 01/05/2005 0210812005 1~32 29 ~ 77 3.56 48~OO 21 ~46 02115/2005 01/04/2005 02108/2005 01/31/2005 01/06/2005 12/29/2004 01/04/2005 01113/2005 02108/2005 01/31/2005 38 . 1 4 ~ 90~21 ~ 107.22 - 69.21 - 56 . 71 - 32.47 - 38.07 - 56~94 M 76.25 .. 64~97 ~ 103.60 .. 42.81 - 40~OO M . ._ 42~81 ~ 1 OO~OO - 92.51 .. 48. 76 ~ ~ . ~ ~ ~ 3 7 ~ 4 B ... ~ ._ . . ~ 63.40 M 30.00 .. 32.74 - 134.18 .. 50492 - 39~05 - 45.59 M 56.59 - 82.16 M 37.00 - 65.1 0 - 100.00 - 39428 - 32~51 a 64~02 - (" ("''^:''""" ",. .. . . . . .... ....-..-..-r..... .. . Current Period: 03/05/2005 . . .... ...-. -..-... . . .. . No Delinquent Min imum AmountDelinquent Balance Last Pmt La st Pmt (~f~~~~~~~~~~0~~~~~~~~~~0~~~~~~ ~~0~~~~~~~ 14 ~ 1 9 ~ 0 168 r 1 WINSTON, KEVI N 6B~ 00 28~g8 3g~02 8.08.1218.3 WITZKE. TOM 182rOB 96.45 65.29 1 7 r33.4282.3 WOLINt DALE & LOIS 81.86 42.81 39.05 1 7 ~33.2358.3 WOLIN. DALE & LOJS 93.00 51 ~54 40~ 26 15. 21 ~2644.2 WOLLEN. NICHOLAS 56.52 27~77 2 7 ~ 77 14.14.5007.2 WORCHESTER. WES & SUSAN 54~20 25~22 28.98 15.21 . 1130.5 YASUDAt GARY & SHAWNA 148.58 32~ 74 28~98 13. 13~B458~2 YORK. RrCHARD 55~54 31 .53 24.01 9.09.0680.1 YOUNG.DARON 73~OO 36.50 36150 13r 13.8988.2 YOUNGt GORDON & VET A 59.30 31 ~53 27. 77 1 O.20~O230~2 ZANDSTRA~GARY 132~80 32.74 58.98 17.34rOBOO.1 ZEAR, KENN ETH 11 8.04 62~ 7 4 55r30 13. 13.8482.2 ZEJSLOFT, BRIAN & JILL a6~24 42.81 42~a 1 Grand Totals: 63~4 77 ~86 30 ~982.33 25~870. 79 20434 01/14/2005 02109/2005 01/18/2005 01/1 0/2005 02108/2005 12/29/2004 45. 78 11/30/2004 12/28/2004 02108/2005 01/04/2005 01/0512005 02/0212005 12/21/2004 1 ~20 .98 41.08 41 ~08 .62 3,385.50 3,239424 Report Criteria: Terminated customers not included Customer. Cust No () = {<} 880000001 Customer. B ill Cycle = 2 31 ~ 76 - 83~53 - 39 ~ 05 ~ 42.00 - 27 ~ 77 - 95~2a ~ 55.00 ,. 62.08 - 40.02 - 30.55 - 135~ 1 0 - 139.18 .. 85.00 .... ... in Msg column indicates no Notice is to be sent ** TX C&~n"": ""- ~~T ION REPORT ** 01 02 03 04 05 06 07 es 89 10 11 12 13 14 15 16 17 18 DATE T I ME TO/FROM 03/02 87:10 3810160 03/02 87:12 PUELIC WORKS 03/02 07:14 8841159 03/B2 07:16 2e8884~744 03/02 07=18 POLICE DEPT 03/02 07:19 8985501 0B/02 07:21 LIBRARY 03/02 07:23 92083776449 03/02 07=24 3886924 ~/02 07=26 P-AND-Z 03/02 07:27 208 895 0390 03/02 137:29 128300040 03/02 07=31 2e8 387 6393 03/02 07: 33 ADA CTY DEUELMT 03/02 137:35 8885052 03/02 07:36 IDAHO ATHLETIC C 03/02 07:38 ID PRESS TRIBUNE 03/02 0?:40 2088886701 (,I'.:... ... \ :.. ~ ~ AS OF MRR 02 t0S b~.... >4.1 PRGE401 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S 63--5 EC--S EC--S EC.....-S EC--S EC~-S EC--S CITY OF MER[DIAN MIN/SEC PGS 131' 55" 004 01100" ae4 01 J 07" 004 01' 10" 004 01'07"" 004 131' 06u 004 ~ 1 t 27 It 004 01'07u 004 01' 07n 004 01t07u 004 01 ' 07~' 004 01) 291J 012'4 01'07u 004 01 )07U 004 01J07U 004 12'1 ~ 08 ~~ 004 01'08u 004 01'07u 004 CMD" 190 190 190 190 190 190 198 196 19m 190 190 190 190 190 190 190 1913 190 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -~------------------------------------------------------------~---------------------------~- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 11 2005 at 7;00 p~m. City Council Chambers 1 ~ Roll-caJ I Allen dan ce: -L Shaun WardJe ----X- Christine Donnell ~ Charlie Rountree ~ Keith Bird -X- Mayor Tammy-fleWeerd 2. Pledge of Allegiance: ~~~ J'h;c:,r Po 3~ Community Invocation by Craig Flinn, with Meridian Alliance Church: 4~ Adoption ofth~ Agenda: ~~ 5~ Consent Agenda: ~V'V A~ Tabled from February 22~ 2005: AQreement of Inspection Service with Rich Greene: 4ffJ.ro~ B. Approve Minutes of February 1 t 2005 Pre-Councit Meeting: ~vu.-J C.. Correction to the- Permanent and Temporary Easement Contract for the North SlouClh Sanitary Sewer Project: 4f'~V'-<-" D~ Sewer Service Contract for the North Slouqh Sanitary Sewer Project: ~~ E.. Award of Bid for North Slouah Trunk Line to Sommer Constructi on: ~ fI'L.o" F. Award of Bid for WWTP Generator Buildina Construction Contract to Challenger Companies; "'1'P',-wY"V G. Agreement with Custom Electric for the WWTP Exoansion Date Collection: 'lp ,ruV\.<...J H. Waterline Easement Aareement with Burke P_ Jones, John B; Ferguson, Idaho Holdings, LLC for Victory Road: ~'~ Merid)an Cjly C:nuneU Agi'ndi! - M~U'l:h J . laos P:iB.l: t Of J ^JJ ~b4nm..ls; pl'"e1lC2llcd a~ publi~ m~lTlCS slull heC'nm~ pI'Op.:rl)' uf [h~ C~t)' Of Ml::ridi:m. An)'Oni:' dC:~lliu;: ~tlmmndarit'll~ tor dis,'biliti'es te'l.al~ lei dnculncnu and/or htJ1ine plc:L~ cont:~c:t the C;ty C/c:rk.~ Ollicc I'lC SSS-443J ullC3.,t 4g hotlls pJltlr h) Ell:: PUbliC Illc:elilll!. j/. ... { . ... ... f~'.... :..:....:....:...C.j:tY:..of.:.:Me..n..a:'.a:n:....::::...:.:..::..:.:.:..;.:.:.:::.........H::...::...:...:::..::.. :..:.::.::...::... .Public Works. Dept...:........:.: . .... . )... : .. .... .. .. ... .. ... .. .. .. . .. :... ..: . .. ... ..... . .. RECEIVED FEB 2 5 2005 City of Meridian City CI erk Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02/22/2005 Re: Proposed Agenda Item for March 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 1 City Council agenda, under Consent Agenda, for Council's consideration. 1 ~ Correction to the Permanent and T emporarv Easement Contract for the North SloUQh Sanitarv Sewer Proiect. The permanent and temporary easement that was recorded for Dwaine and Sharon Wolf for the construction of the sanitary sewer on their property north of McMillan Road and west of Meridian Road for this project has been corrected to accurately represent the boundaries of the easement Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract correct legal description for the construction of the sanitary sewer on the property north of McMillan Road and west of Meridian Road for the landowners Dwaine and Sharon Wolf and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 c. r......:. \; . ::.. AFFIDAVIT TO CORRECT LEGAL DESCRIPTION Permanent Easement Located in SEl/4, Section 25, T4N, Rl W, B.M~ Ada County, Idaho Grantor: Dwaine and Sharon WaIf Grantee: City of Meridian, Idaho 'WHEREAS, said Permanent Sewer Easement was recorded on January 6,2005 at the Ada County Records under Instrument No. 105002045; and WHEREAS, the description in said Permanent Sewer Easement contained errors which is the purpose of this affidavit to reform and correct; and WHEREAS, Idaho Code, Section 55-816 permits the recording of affidavits affecting the description of real property as part of the record title of said real property; NOW THEREFORE, in the Legal Description attached to the Permanent and Temporary Easement Contract dated November 17,2004 in said recorded instrument, the first paragraph of the description of said recorded instrument is hereby corrected to read as follows with the bold text correcting the text of the description in said recorded instrument: "This permanent sewer line easement is situated within the SE % of Section 25, Township 4 N, Range 1 W, Boise Meridian, Ada County, State of Idaho.. Being an easement 45 feet in width with sidelines of said easement shortened or lengthened to fit the grantor's property lines:" NOW THEREFORE, in the Legal Description attached to the Permanent and Temporary Easement Contract dated November 17, 2004 in said recorded instrument, delete the first, second and third lines after the Point of Beginning calling out the following courses: ((Thence 844 009 '43 "E, a distance of254.55 feet to a point; Thence N45048 '59"E, a distance of 138.93 feet to a pointJ~ Thence N69041 '39"E, a distance of 110.01 feet to a point; H NOW THEREFORE, in the Legal Description attached to the Permanent and Temporary Easement Contract dated November 17,2004 in said recorded instrument, the first, second and third lines after the Point of Beginning of the description of said recorded instrument are hereby corrected by changing to read as follows with the bold text replacing and correcting the text of the description in said recorded instrument: Affidavit to correct Legal DescriPtion permanent Easement Ada county IdahO page 1 of 3 (. .t/;~:~."'... . {<... .. "Being an easement 15 feet right and 30 feet left of the following described line; 844 009' 43"E, a distance of 254.55 feet to a point; Thence N45048'59"E, a distance of 138.93 feet to a point; Thence being and easement variable from 15 feet right to 30 feet right and from 30 feet left to 15 feet left of the following described line; N69041 '39"E, a distance of 110.01 feet to a point;" NOW THEREFORE, in Exhibit A-2 attached to the Permanent and Temporary Easement Contract dated November 17,2004 in said recorded instrument, delete Exhibit A-2 and replace with the Exhibit A-2R attached hereto. Dated this ~ ~ 7 day of , 2005. GRANTOR: ~ A --A' ~ tZ:/ /--~- ./ ~ Dwaine Wolf STATE OF IDAHO} ss COUNTY OF ADA} AffidaVit to correct Legal DescriPtion permanent Easement Ada county IdahO page 2 of 3 t.. \~.:...... .r......: .. r.. . .L On thisd 1 · h day of)?\ \"'ll.\r1 1- Ll ' 2005 before me, the undersigned, a Notary Public in and for the State of Idaho, Dwaine and Sharon WaIf personally appeared individually , known to me to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the ,,'llllllf, day and y~"'ln ~'=rceft<<icate [rrst above written. 4,." -0 i\. 'n ~ ~L L.IJ. #, ........ ~\.- ......tI. 1Jt,. #~ ~ :<Q ..e o. oF.;A ~ ~ ~.o a. ~ ~ :: ~: ~OT AI? li e. ~ -: : ~ ~ ~ ~ : : * : ~m"" · * = - G · - : C) r : .: ~ Co.. Pu B \.: ,.V ge = -;... "C ~ -:.. '<P "}.. 0 C II ~ :- , < '. eO ~ ;." .rf""h 6,.0-0..UO ~ ~ '~'~IJ ..[ 73 0 F \\) ",...,.. 'Hk"8. 1:111 " I ",..... GRANTEE: By . CITY OF MERIDIAN Mayor STATE OF IDAHO} ss COUNTY OF ADA} On this _ day of , 2005 before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd, Mayor, City of Meridian, known to me to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at My Commission Expires Affidavit to correct Legal DescriPtion permanent Easement Ada county IdahO page 3 of 3 f< ~ .~:.. .. f WIll I P .0.8./ I I BASJS OF BEARING, ~ : ~--~~h-_n~ ----~---~,-~: h_ ----c-/L.---;-;---;----~!:.~~___ -----~___A__________~w_1~_1/4 COR. SEe. 25 ! .-~ A', < N45~~59 !_---------- ------------------------:J SEC. 25 ~ I/'.' 13~- SB9" 22 605. I 1 I: /...., "" V / ,,/- ------------T -----------------------1 ! I '" " v;, NS9.....1.J9.,E : . 254.55- v {I I I : ~'k I · ~I t II I: I: I 1 I I! I I i 1- ~~ ! ! I ! I 1 I -.----i~~:5~-~~.-~-~--~-----~-u---n-----n------~h-------~-----n--~.__-b:c~---- f I i ! i SECTION 25 T.4N., R.1W., B.M. SE 1/4 REV. NDI DESC~ BYI CKJDI CITY OF MERIDIAN PUBLIC WORKS DRA VlN BYI _..B.{L DA TEl ~~-=- ~-t 200&.. PROJECT] CK'D BYJ --~ SCALE~ N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK APPROVED: CITY ENGINEER LEGALt A PORTJON OF SEC. _25 t DW'G. No: RVI,__J_J_,___ T.4 N~, R.. 1 W.., S.M.., ADA COUN1Y, DATE rDAHO.. - SHEET 1 OF 1 EXHIBIT A-2R C) c -2 +.: G> (.) C. CD 0 -e- -c Q.. in Q) I:: ::i .::.: c: :3 L.. ~ ..c C) ::J o Ui J: ~ o z (:~ ::E D- o o M It) e M ~ N 0 0 0 c: N - 0 0' >< ~>< X ~ u .,.- (I) co cu T"'""'" :E -,;- W t: 0 ;; CJ 0 :s q "-- ~ 0 f/J c: co 0 >< X >< N 0 f'..- M ~ ,.- Q) E .,..- ~ E 0 en ~ Q) t: >.~2l ~ I:UJ lU J:: GJ-c If.) C.c ftI e fa ....... 0'---" <c ~ ~-c e-g c ii Q) " ::J .~ ::s ......., 0 en C1) c: -C ::s E L.. C- O t: C- O) 0 -C Q.E m G) Q) ct -C e 0 1j -Cct:: -C in OJ -0.... m 0..0 <C=:.. L.. CD ~ -0 m -c G.1 E: >._21 -ern GJ-c Q,c: e CU 0.'3 IIIIIIIIaJ (1) CU~ (I)~ o a. Q.e e 0 ~U (~~.~~:: ..: .: i:... . -c C1J .s:: CJ fa ~ -C C o al -c iii tn:c ~ .~ ~ :::J c: tT CD Q) ~a::: ~~ ....... t: ::I o ~ s.g in ,. .. . \..;.....: (:'.::.'.. '.:.:.: . . . . . .. . . -. ...... .. ... .. ... .. ..... . .. . .. . .. .. .. .. . . . n::::.:..::...::C.j.tY:..: :of. ..I\II.e.iiCl.j:arl.::..:...::..::.::u:...::.::.. ::. ..... :.;:..: .:.. : ..:. :.:;.....:: :.... . Public ""orks ..Il:.ept. : .. . . . .. . . .. :. : ...:. .: . .. .... :..:.. ..) .. ........ :. ... . .. ... :.. .... :. . ..: ..... ... .. : ..: .. . . .. .. . . RECEIVED FEB 2 5 2005 Gtrr of ~M,erJdj.af) ~ Oe-r\ Offi.ce To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02/24/2005 Re: Proposed Agenda Item for March 1] 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 1 City Council agenda, under Consent Agenda, for Councilts consideration: North Slough Trunk Line~ Two bids were received for this project as summarized below and detailed in the attached spreadsheet: e Sommer Construction Masco, Inc $1,137J260.00 $1 J 181 ,602.00 'II The Project consists of the following work: Construction of sanitary sewer trunk work including approximately 1 OtGOO feet of pipe ranging in size from 8U to 24", manholes, irrigation crossings, access road and miscellaneous appurtenant work~ Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the North Slough Trunk Line with Sommer Construction for $1 , 137,260.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 (:...:... r.. . <.~ . . . . .. . ... ..... . . .. ... :::.:".:...CitY. :...01: Me.nCli.a.n...:..: :::.:.:..::.:... ::.:::-. ..:.:: .:.. u ::...... :.:>:.;.:.:..... . Public.Wo~!t.:Dept.....:.. RECEIVED FEB 2 5 2005 . -. . . ...:. . .. . . .. -:: .... . . .". . . ....... ~ ". ". ... . ... : . ... ..... . . ..... .". ... . City of Meridian City Clerk Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 02/24/2005 Re: Proposed Agenda Item for March 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 1 City Council agenda, under Consent Agenda, for Council's consideration. 1. Sewer Service Contract for the North SloUQh Sanitary Sewer Praieet. A sewer services contract has been signed by the developer of Ventana Subdivision for the reimbursement_ of the construction costs for the sanitary sewer services in their development north of McMillan Road and east of Meridian Road for this project Recommended Council Action: The Public Works Department recommends that City Council approves the sewer service contract for the reimbursement of the construction costs for the sanitary sewer services in the development north of McMillan Road and east of Meridian Road for the developer and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 (" t~:.. ..... f::.. .. . . CITY OF MERIDIAN 660 E. Watertower, Suite 200 Meridian, Idaho 83642 CONTRACT PROJECT # & DESCRIPTION City of Meridian'! North Slough Sewer Trunk Line'! Ten Mile Rd. to Locust Grove Rd. TillS CONTRACT, made this day of " 20-, between the City of Meridian, acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called "CITYu and G.L. Voigt Development herein called "Developer" . NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to include \Vith the North Slough Sewer Trunk Line Project a bid unit price item for 4" sewer services. After the Bid Opening and prior to the Notice to Proceed the City will provide the Developer with the bid unit price information. The Developer shall then decide if the bid unit price is acceptable. If the cost is acceptable, the Developer shall authorize, in writing, the City to have the sewer service work constructed and the Developer agrees to reimburse the City for the cost of this work. The Developer shall reimbursement the City within 30 days of sewer service work completion. 2. The Developer shall provide the City information on the horizontal and vertical1ocation of the 4" sewer service stubs prior to the Contractor receiving the Notice to Proceed. 3. Once construction has began, the Developer shall be responsible to field locate each service stub location and verify invert depth. It will be the Developers responsibility to stay sufficiently ahead of the contractors progress. The City will not be responsible for field locating the service lines. IN WITNESS VVHEREOF, the parties have executed this Contract the day and year first above written. CITY of Meridian DEVELOPER: By Tammy de Weerd) Mayor By: Date: A TTEST= William G. Berg, JI., City Clerk By: Ti tIe: Date: Social Security Number: 6 2 -0 Y' 5 057' 7 Date: Approved By Council: l03083/1/Service Stub contract