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Home My WebLink About2002-12-17 1. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 17,2002 at 7:00 p.m. City Council Chambers Roll-call Attendance: X Tammy de Weerd 0 =x= Cherie McCandless X )( Mayor Robert Corrie , Bill Nary Keith Bird 2, Adoption of the Agenda: tif? fCl ve a!:' UI'Yl e;"t. de ~ 3. Consent Agenda: j'tt per€- fo 5"- E. A. Approve minutes of November 26, 2002 Pre-Council Meeting: a.(?,PY'd'v-e- Approve minutes of December 3, 2002 City Council Regular Meeting: cvtpr<1vG- Approve minutes of December 10, 2002 City Council Regular Meeting: afJ7htP~ Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Sridaetower Crossing East Subdivision by Primeland Development - northeast corner of North Ten Mile Road and West Ustick Road: 0~j?r.ov<- Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02.010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: tiP/f"t?r.re. as' con...di?-lCl7Led/ B. c. D. Meridian City Council Agenda - December 17, 2002 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documcnts and/or hearing please contaet the City Clerk's Offiee at 888-4433 at least 48 hours prior to the public meeting. f1.t1J Ire Iv 5- F. /lk-oer-€- fo G"' - G. /"h pve -Iv (? - I. !/U {/ v.e... /-P f; - K. H. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: tlplrove- tl.s' cond/I7'm1f?d- Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02.012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: ?<f'jJl"OvecL ar co?>-ct/h:.rvzed.J Findings of Fact and Conclusions of Law for Approval: RZ 02- 003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church- 2511 West Cherry Lane: apfJrvvz.- Findings of Fact and Conclusions of Law for Approval: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L- o zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: aj?~ve a f" a h< e--;-...decC- Findings of Fact and Conclusions of Law for Approval: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street: af jJrpv.e..- Findings of Fact and Conclusions of law for Approval: PP 02- 020 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 6.503 acres in an R-4 zone for Salmon Rapids No.5 by Farwest, LLC - north of East Victory Road and west of South Locust Grove Road: aj/fJl't>v.e.. as a/'J1enduL Findings of Fact and Conclusions of law for Approval: RZ 02- 004 Request for a Rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No, 2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: approve... J. L. Meridian City Council Agenda - December 17, 2002 Page 2 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. M. Award of Contract, Waste Water Treatment Plant Dissolved Air Flotation Thickener Project: ?VfJJh^OP'10 N. Borup Property Purchase Agreement and Option to Purchase Agreement: ?tjJjJYl9fLfl-. O. Finance Report: vt;PjJ/lOVU3' 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Ordinance No, t!J 2- - 190 Tree I Forestry Ordinance: cZf?/NV.e. 7. Ordinance No. OZ- 99 f Amended Floodplain Ordinance: ~!,;rrc'v'e- 8. Ordinance No. t? 2 - 193 Adopting the 2000 International BuildinQ Code: d-/"'PF'J//-<- 9. Ordinance No. () 2- - q 94- Adopting International Mechanical Code and Fuel Gas Code: the 2000 Cl--,P j? rt) v.e....- 10. Ordinance No. &2 - tiC; Z- AZ 02-025 Request for annexation and zoning of 6.24 acres from RUT to C-N zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: 4f?pxrvv-<.-' 11. FP 02-028 Request for Final Plat approval of 9 building lots and 4 other lots on 4.72 acres in an R-3 zone for DrawbridQe Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: tLj/frt/VJ2-. 12. Continued Public Hearing from November 26, 2002: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: L&hfil1u.-e/ jJ/h -10 daf-tuaA.;j2f3/ 2-003 13. Public Hearing: RZ 02-005 Request for a Rezone of 0.8 acres from L-O to C-G zones for Anael Park Development by Farmers and Merchants State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North .Eagle Road: a tI" f'fl-I:- tt -/-0 (J rrep~ .;: if' of c l-f f7rr &..-;0 /Wl:){r.cJ...- 14. Public Hearing: CUP 02-034 Request for a Conditional Use Permit for a Pediatric Clinic on 1.22 acres in an L-O zone for Treasure Vallev Pediatrics by Treasure Valley Pediatrics - Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: '/ 'F_ ClIft;I-ne:; H pr.efJ/~ [:I"{: 4 el.t .,-or ~Jly79~ Meridian City Council Agenda~Deeember 17, 2002 Page 3 of4 All materials 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 Clerk's Office at 888-4433 at least 48 hOUTS prior to the public meeting. 15. Public Hearing: CUP 02-036 Request for a Conditional Use Permit for a multi-building offi celrestau rant complex and Krispy Kreme drive-thru facility in an I-L zone for Treasure Valley Business Park No.1 by Clark Development -- southwest corner of North Eagle Road and East F airview Avenue: aT~m.e!f ft; l/'ejJ~ -Iff! " e I--e. lJ.r-4fJ?rtJv~ 16. Public Hearing: PP 02-024 Request for Preliminary Plat approval of 26 building lots on 17.83 acres in an I-L zone for Treasure Vallev No, 3 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: aThrr-l'l-?,/ ?0 trej)~ -IfF rc./t ,~~v~ 17. Water, Sewer and Trash Delinquencies: ";;/rc>v-<.- Meridian City Council Agenda - December 17, 2002 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities 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. 1> lta8t V o~-t f;y ))/;lbuc rl0-k ~- lhfLtVl ~S! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 17, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 26, 2002 Pre~Council Meeting: B. Approve minutes of December 3, 2002 City Council Regular Meeting: C, Approve minutes of December 10, 2002 City Council Regular Meeting: D, Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridqetower Crossinq East Subdivision by P rimeland Development - northeast corner of North Ten Mile Road and West Ustick Road: E. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: F. Tabled from December 3,2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - - south 0 f West C hinden Boulevard and west 0 f North Linder Road: Meridian City Counci I Agenda - December 17, 2002 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the publie meeting. G. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: H, Findings of Fact and Conclusions of Law for Approval: RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: I. Findings of Fact and Conclusions of Law for Approval: CUP 02.027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: J. Findings of Fact and Conclusions of Law for Approval: CUP 02-030 Request for a Conditional Use Permit to c are for 0 ne to two additional children after school in an existing family home daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street: K. Findings of Fact and Conclusions of law for Approval: PP 02-020 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 6.503 acres in an R-4 zone for Salmon Rapids No.5 by Farwest, LLC - north of East Victory Road and west of South Locust Grove Road: L. Findings of Fact and Conclusions of Law for Approval: RZ 02-004 Request for a Rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: M. Award of Contract, Waste Water Treatment Plant Dissolved Air Flotation Thickener Project: N. Borup Property Purchase Agreement and Option to Purchase Agreement: O. Finance Report: 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Ordinance No. : Tree I Forestry Ordinance: 7. Ordinance No. : Amended Floodplain Ordinance: Meridian City Council Agenda - December 17,2002 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone dcsiring aceommodation for disabilities related to documents and/or hearing please contact thc City Clcrk's Office at 888-4433 at least 48 hours prior to the public mceting. 8. Ordinance No. Building Code: Adopting the 2000 International 9. Ordinance No. Mechanical Code and Fuel Gas Code: : Adopting the 2000 International 10. Ordinance No. AZ 02-025 Request for annexation and zoning of 6.24 acres from RUT to C-N zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: 11. FP 02-028 Req uest for Final Plat approval of 9 building lots and 4 other lots on 4.72 acres in an R-3 zone for Drawbridge Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: 12. Continued Public Hearing from November 26,2002: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: 13. Public Hearing: RZ 02-005 Request for a Rezone of 0.8 acres from L-O to C-G zones for Angel Park Development by Farmers and Merchants State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: 14. Public Hearing: CUP 02-034 Request for a Conditional Use Permit for a Pediatric Clinic on 1.22 acres in an L-O zone for Treasure Valley Pediatrics by Treasure Valley Pediatrics - Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: 15. Public Hearing: CUP 02-036 Request for a Conditional Use Permit for a multi- building officelrestaurant complex and Krispy Kreme drive-thru facility in an I-L zone for Treasure Valley Business Park No.1 by Clark Development southwest corner of North Eagle Road and East Fairview Avenue: 16. Public Hearing: PP 02-024 Request for Preliminary Plat approval of 26 building lots on 17.83 acres in an I-L zone for Treasure Vallev No.3 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: 17. Water, Sewer and Trash Delinquencies: Meridian Cily Council Agenda - December 17,2002 Page 300 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring aceommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior 10 the public meeting. { ** TX CDNF (, ION REPORT ** AS OF DEC 13 '02 17:'_ pAGE.al CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 15 12/13 16:41 PUBLIC WORKS UF--S 00' 49" 003 098 OK 16 12/13 16:43 12084664405 EC--S 01'01" 003 098 OK 17 12/13 16:45 20888413744 EC--S 00'59" 0133 1398 OK 18 12/13 16:47 2088467366 EC--S 01' 1210" 0133 1398 OK 2121 12/13 16:49 208 898 55131 EC--5 1313 "S8" 003 12198 OK 21 12/13 16:51 LIBRARY EC--S 01' 18" 13133 1398 OK 22 12/13 16:52 S2la83776449 EC--5 131'0121" 003 1398 OK 23 12/13 16:54 2138 388 6924 EC--S 131' 16" 003 098 OK 24 12/13 16:56 212188886854 EC--S 013' 59" 13133 098 OK 25 12/13 16:57 KEITH 81RD EC--5 00'59" 0El3 1398 OK 26 12/13 16:59 89513390 EC--5 1313'58" ea3 12198 OK 27 12/13 17:131 2El8 387 6393 1OC--5 00' 59" 003 098 OK 28 12/13 17:133 ADA CTY DEVELMT G3--S 01'46" e133 1398 OK 2S 12/13 17:05 CHERIE MCCANDt.ES EC--5 01' 15" el2l3 1398 OK 30 12/13 17:1217 CHERRY LANE EC--S 1a1' 17" 1303 1398 OK 31 12/13 17:1219 POST OFFICE EC--5 131'39" 1303 1398 OK 32 12/13 17:11 zae eee 1ge3 G3--S 01' 19" 13133 1398 OK -------------------------------------------------------------------------------------------- ? l,w..Se. 'P 0 ~t -JW 'Plid'C).lic.. (l,uf.: ~ T h fVIl j:: s ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 17, 2002 at 7:00 p.m. City Council Chambers 1. Ron-call Attendance: _ Tammy de Weard _ Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 26, 2002 Pre-Council Meeting; B. Approve minutes of December 3, 2002 City Council Regular Meeting; C. Approve minutes of December 10,2002 City Council Regular Meeting: D. 'fabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02.014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for BridQetower Crosslnq East Subdivision by P rimeland Development - 11 ortheast corner of North 'fen M He Road and West Ustick Road; E. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south ofWesl Chinden Boulevard and west of North Linder Road; F. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval; PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Fsrwest LLC and Daniel Gibson -. south of West Chinden Boulevard a nd west of North Linder Road: M<ridi", City Coun,n Agood, - O.,<tnb<r 17, 2002 hs, I DO An nVllcria)s presetllcd iJl public mtl:cinss s:llall bccolllC' property oflhe City oIMeridl:tl1. ^,,~QMooinn~ nttommod:..tion fotd-i~bilitie!i rebttd I;) do;~ments andlorhalrins plM!ie eanwclll1c City Cl~r);'~ Ofl1ce::it SS"SMlJ. at 1l;'".Ilil49 houri prior tr:J.lhc public meecil18' ** COMMUNICATIONS REPORT ** AS OF DEC 13 '02 17:12 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TI ME SEND 0065 SEND 000 26' 27 " RECEILJE 0000 RECEILJE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:l STATUS 01 12/13 16:27 92083776449 EC--S 00'26" 001 097 OK 02 12/13 16:28 208 388 6924 EC--S 00'31" 001 097 OK 03 12/13 16:29 ADA CTY DELJELMT ----5 00'00" 000 096 BUSY 04 12/13 16:30 2088886854 EC--S 00'26" 001 097 OK 05 12/13 16:31 KEITH BIRD EC--S 00'26" 001 097 OK 06 12/13 15:31 8950390 EC--S 00'26" 001 097 OK 07 12/13 16:33 Laurel EC--S 00'27" 001 097 OK 08 12/13 16:34 208 387 6393 EC--S 00'26" 001 097 OK 09 12/13 16:34 ADA CTY DELJELMT G3--S 00'42" 001 097 OK 10 12/13 16:36 CHERIE MCCANDLES EC--S 00'31" 001 097 OK 11 12/13 15:37 CHERRY LANE EC--S 00'32" 001 097 OK 12 12/13 16:38 POST OFFICE EC--S 00'37" 001 097 OK 13 12/13 16:39 208 888 1983 G3--S 00'32" 001 097 OK 14 12/13 16:40 ID PRESS TRIBUNE EC--S 00'27" 001 097 OK 15 12/13 16:41 PUBLIC WORKS UF--S 00'49" 003 098 OK 16 12/13 16:43 12084664405 EC--S 01'01" 003 098 OK 17 12/13 16:45 2088840744 EC--S 00'59" 003 098 OK 18 12/13 16:47 2088467366 EC--S 01'00" 003 098 OK 19 12/13 16:48 208 888 6700 EC--S 00'26" 001 097 Of< 20 12/13 16:49 208 898 5501 EC--S 00'58" 003 098 OK 21 12/13 16:51 LIBRARY EC--S 01'18" 003 098 O!< 22 12/13 16:52 92083776449 EC--S 01'00" 003 098 OK 23 12/13 16:54 208 388 6924 EC--S 01'16" 003 098 OK 24 12/13 16:56 2088886854 EC--S 00'59" 003 098 OK 25 12/13 16:57 KEITH BIRD EC--S 00'59" 003 098 OK 26 12/13 16:59 8950390 EC--S 00'58" 003 098 OK 27 12/13 17:01 208 387 6393 EC--S 00'59" 003 098 OK 28 12/13 17:03 ADA CTY DELJELMT G3--S 01'46" 003 098 OK 29 12/13 17:05 CHERIE MCCANDLES EC--S 01' 15" 003 098 OK 30 12/13 17:07 CHERRY LANE EC--S 01 ' 17" 003 098 OK 31 12/13 17:09 POST OFFICE EC--S 01'39" 003 098 OK 32 12/13 17:11 208 888 1983 G3--S 01' 19" 003 098 OK ** TX CONFIRMATlw" REPORT ** ( AS OF DEC 13 '02 1,.313 PAGE. 131 CITY OF MERIDIAN 01 02 03 04 DATE TIME TO/FROM MODE MlN/SEC PGS 12/13 17:13 lD PRESS TRIBUNE EC--S 01'00" 003 12/13 17:15208888 67013 EC--S 01'130" 003 12/13 17:198841159 EC--S 01'01" 13133 12/13 17:29 CHAMBER-COMMERCE ----5 00'00" 8138 THIS DOCUMENT IS STILL IN MEMORY CMDl:I 098 098 098 098 STATUS OK OK OK BUSY ----~------------------------~-------------------------------------------------------------- l' Le.a s e. 'P 0 ~1:- -j;c t>tIlbli<. l1trk 4..;- T h tlM t: ~ ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TuesdaYl December 17, 2002 at 7:00 p.m. City Council Chambers 1. Ron-call Attendance: _ TammydeWesrd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption ofthe Agenda: 3. Consent Agenda: A. Approve minutes of November 26, 2002 Pre-Council Meeting: B. Approve minutes of December 3, 2002 City Council Regular Meeting: C. Approve minutes of December 10, 2002 City Council Regular Meeting: D. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridqetower CrossinQ East Subdivision by P rimeland Development - northeast corner of North Ten M jle Road and West Ustick Road: E. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02..()10 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: F. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for PreliminalY Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Faf'W'est LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: M.ridian Cit)' Council Agenda - December J7, 2002 Page I 00 All n1Oler,.ls presenled "Ipubli. moc.ints Ihall \lccllmc PlllpCrty 1l!lhe ell)' c!M~di:m. Anycnc d<'Sirin~ aceornmod~tilln for di$:lbilities rel3lcd to documents and/or hearins pteMO contue. the City ,:too'l<'~ Ofr~ ~l &&8-4433 al k..14S Itoura prior 10 lite publie >mering_ I ** TX coN. ~TI ON REPORT ** AS OF DEC 18 '62 12', PAGE. 61 CITY OF MERIDIAN DATE T1ME TO/FRO~l MODE M tN/SEC PGS CMDIl STATUS 61 12/18 11'26 3816166 EC-S 62'07" 004 154 OK 1J2 12/18 11:29 PUELIC WORKS UF--S 1J1'1J2" 1J04 154 OK 03 12/18 11:38 12684664465 EC--5 01'16" 064 154 OK 04 12/18 11:32 8841159 EC--S !al'16" 13134 154 OK IJS 12/18 11'34 2aS8846744 EC--S !al'lS" 0!a4 154 OK eo 12/18 11:36 2088467366 EC--S 61' 16" 804 154 OK 67 12/18 11:38 21J8 898 S51J1 EC--S !a1'14" !aIM 154 OK !a8 12/18 11'39 LIERARY EC--S !a1'38" 0!a4 154 OK 09 12/18 11:42 IDAHO STATESMAN EC--S 01' 15" elM 154 OK 1IJ 12/18 11:43 2e8 388 6924 EC--S 61'38" 6134 154 OK 11 12/18 11:46 20$8886854 EC--S 01'16" !aIM 154 OK 12 12/18 11:47 8950396 EC--S 1J1' 15" a!a4 154 OK 13 12/18 11:49 Laurel EC--S 1J1'16" 13134 154 OK 14 12/18 11:51 208 387 6393 EC--S 01' 15" 01J4 154 OK 15 12/18 11:53 ADA CTY DEUELMT 53--S 1J2'19" aIJ4 154 OK 16 12/18 11'56 CHERRY LANE EC--S 01' 39" 13M 154 OK 17 12/18 11:58 POST OFFICE EC--S 02'06" e64 154 OK 18 12/18 12:01 288 888 1983 53--S 01'43" eIJ4 154 OK 19 12/18 12:03 ID PRESS TRIBUNE: EC--S el'16" eIJ4 154 OK 28 12/18 12:65 2138 868 6706 EC--S 1J1'lS" 664 154 OK -------------------------------------------------~---------------~-------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday. December 17, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd () Bill Nary =:L Cherie McCandless :::::x= Keith Bird .....x:- Mayor Robert Corrie 2. Adoption of the Agenda: 4..fP 1"Q ve.. a.~ a/'Y1 eA de &<, 3. Consent Agenda: J'h ()(re. fo ~- E, A. Approve minutes of November 26. 2002 Pre-Council Meeting: tlj?pt'",v-<t- Approve minutes of December 3, 2002 City Council Regular Meeting: a-fpT'?'v<,- Approve minutes of December 10, 2002 City Council Regular Meeting: a fJ1lnP ~ Tabled from November 19, 2002: Findings of Fact and Conclusions of law for Approval: PP 02.014 Request for Preliminary Plat approval of 439 building lots and 50 other Jots on 209,01 acres in an R-4 zone in a Planned Unit Development for Bridaetower CrossinQ East Subdivision by Primeland Development - northeast comer of North Ten Mile Road and West Ustick Road; <it'proove.- Tabled from December 3, 2002: Findings of Fact and Conclusions of law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Far..vesl LlC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road; 4PI'Y'grr(.. a.r am.4?7f:l7lR-d/ B. C. D. M.,ndbnCif)"~cil ^8D1dl-OIlcm!beI' 17. =Z002 P"'BIIlI' .or4 IaJI ~reri.1ls pt~Q11cd ct ptlb2ie lDC'rW:=t_ ab.:lJI b<<om.:: pr-opmy o-(rhe CiIY .of Merl~n. An:YUI\C d::;irinc. .\1cwffim;odatiw for di.u.biltdtj rdd.ed to do.curn;JTt.J and/or h.c~oC pll!A.$1,!; COnUlcttha CUy Clt!:l't.~ OffiC4:11 98$.4433 01 Jaz:0148 bcun; pr,;cr tCllhe public ml;r;l.mg,. / / Item Packet Pickup MEETING DATE: ~CjU\fV1 ~ \\, 2002 ~~ (oLut l G~ l Item Packet Pickup January 3,2003 MERIDIAN CITY COUNCIL MEETING January 7, 2003 APPLICANT ITEM NO. 3 -B REQUEST Approve minutes of December 17, 2002 City Council Regular Meeting: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI D1AN POST OFFICE: OTHER: Contacted: COMMENTS vJ-/ OJrr Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 17,2002 at 7:00 p.m, City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd 0 X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve minutes of November 26, 2002 Pre-Council Meeting: Approve B. Approve minutes of December 3, 2002 City Council Regular Meeting: Approve C. Approve minutes of December 10, 2002 City Council Regular Meeting: Approve D. Tabled from November 19, 2002: Findings of Fact and Conclusions of law for Approval: PP 02~014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Brid~etower Crossina East Subdivision by Primeland Development - northeast corner of North Ten Mile Road and West Ustick Road: Approve 5-E. Tabled from December 3, 2002: Findings of Fact and Conclusions of law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Approve as Conditioned Meridian City Council Agenda - December 17, 2002 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contaet the City Clerk's Office at 888-4433 at least 48 bours priOf to the publie meeting. 5-F. Tabled from December 3, 2002: Findings of Fact and Conclusions of law for Approval = PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Under Road: Approve as Conditioned 5-G, Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Under Road: Approve as Conditioned H. Findings of Fact and Conclusions of law for Approval: RZ 02- 003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Approve 5-1. Findings of Fact and Conclusions of law for Approval: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L- o zone for Cherry lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Approve as Amended J. Findings of Fact and Conclusions of Law for Approval: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: Approve 5-K. Findings of Fact and Conclusions of law for Approval: PP 02- 020 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 6.503 acres in an R-4 zone for Salmon Rapids No, 5 by Farwest, LLC - north of East Victory Road and west of South Locust Grove Road: Approve as Amended L. Findings of Fact and Conclusions of Law for Approval: RZ 02- 004 Request for a Rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No, 2 by Howell Murdoch Development Meridian City Council Agcnda - December 17, 2002 Pagc 2 of 4 All materials prcsented at public meetings shall beeomc property ofthe City of Meridian. Anyone desiring a;:eommodation for disabilities related to documents and/or hearing plcase contact thc City Clerk's Offiec at 888-4433 at least 48 hours prior to thc public meeting. Corporation - west of South Locust Grove Road on East Watertower Street: Approve M. Award of Contract, Waste Water Treatment Plant Dissolved Air Flotation Thickener Project: Approve N. Borup Property Purchase Agreement and Option to Purchase Agreement: Approve O. Finance Report: Approve 4, Department Reports: 5. (Items Moved from Consent Agenda) 6. Ordinance No. Approve 02.990 Tree I Forestry Ordinance: 7. Ordinance No. 02-991 Ordinance: Approve Amended Floodplain 8. Ordinance No, 02.993 Building Code: Approve Adopting the 2000 International 9. Ordinance No. 02.994 : Adopting the 2000 International Mechanical Code and Fuel Gas Code: Approve 10. Ordinance No. 02-992 AZ 02-025 Request for annexation and zoning of 6.24 acres from RUT to C-N zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: Approve 11. FP 02-028 Request for Final Plat approval of 9 building lots and 4 other lots on 4.72 acres in an R-3 zone for Drawbridge Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: Approve 12. Continued Public Hearing from November 26, 2002: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Continue Public Hearing to January 28, 2003 13. Public Hearing: RZ 02-005 Request for a Rezone of 0.8 acres from L-Q to C-G zones for Anael Park Development by Farmers and Merchants State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - Deeember 17. 2002 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring aceommodation for disabilities related to documents and/or hearing please contact the City Clerk's Offiee at 888-4433 at least 48 hours prior to the public meeting. 14. Public Hearing: CUP 02~034 Request for a Conditional Use Permit for a Pediatric Clinic on 1.22 acres in an L-O zone for Treasure Valley Pediatrics by Treasure Valley Pediatrics - Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 02~036 Request for a Conditional Use Permit for a multi-building offi celrestau rant complex and Krispy Kreme drive~thru facility in an I-L zone for Treasure Valley Business Park No, 1 by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: Attorney to Prepare Findings of Fact and Conclusions of law for Approval 16, Public Hearing: PP 02~024 Request for Preliminary Plat approval of 26 building lots on 17.83 acres in an J-L zone for Treasure Valley No.3 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 17. Water, Sewer and Trash Delinquencies: Approve Meridian City Council Agenda - December 17, 2002 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 88[1-4433 at least 48 hours prior to the publie meeting. Meridian City Council Meeting December 17, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, December 17, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, William Nary, Keith Bird, Cherie McCandless, and Tammy de Weerd. Others Present: William Nichols, Brad Hawkins-Clark, Ken Bowers, Gary Smith, Dean Willis, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Okay. I will open the City of Meridian City Council Regular Meeting on Tuesday, December 17, 2002, at 7:00 in the City Council Chambers. Our first item is roll call attendance so, Mr. Berg, would you do that, please? Item 2. Adoption of the Agenda: Corrie: Okay the second item is the adoption of the agenda. Council, do you have any additions or corrections to the agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Would you like me to do the Consent changes? Corrie: Yes that would be fine. Bird: Okay Items on the Consent Agenda E, F, and G we need to move to 5-E, 5-F and F-G and -- or 5-F and 5-G on the Regular Agenda. Item I, we need to move that to 5-1, and Item K, we need to move to 5-K. I believe, as far as I know, unless Council has anymore, I believe that is all the changes we have. If so, I would make a motion we adopt the agenda with the noted changes. De Weerd: Second. Corrie: Okay motion has been made and seconded any further discussion? Hearing none, roll carr -- oh, all right. I'm sorry. Those are the changes. All in favor of the changes in the agenda say aye. Opposed no. Approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: Meridian City Council Meeting December 17, 2002 Page 2 of 53 A. Approve minutes of November 26, 2002 Pre-Council Meeting: B. Approve minutes of December 3, 2002 City Council Regular Meeting: C. Approve minutes of December 10, 2002 City Council Regular Meeting: D. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02.014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development - northeast corner of North Ten Mile Road and West Ustick Road: H. Findings of Fact and Conclusions of Law for Approval: RZ 02. 003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: J. Findings of Fact and Conclusions of Law for Approval: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: L. Findings of Fact and Conclusions of Law for Approval: RZ 02. 004 Request for a Rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: M. Award of Contract, Waste Water Treatment Plant Dissolved Air Flotation Thickener Project: N. Borup Property Purchase Agreement and Option to Purchase Agreement: O. Finance Report: Corrie: Now we have the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting December 17, 2002 Page 3 of 53 Bird: I would move that we approve the Consent Agenda with the aforementioned changes of moving Items E, F and G, I and K, to the Regular Agenda to 5-E, F, G, I and K, and for the Mayor to sign and the Clerk to attest on any papers that need to be done. With that I would move to approve the Consent Agenda. De Weerd: Second. Corrie: Motion has been made and seconded any further discussion? Okay roll call vote, excuse me, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item Number 4, Department Reports. Do we have any Department Reports at this point? Item 5. (Items Moved from Consent Agenda) E. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: F. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: G. Tabled from December 3, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Corrie: Okay Item Number 5 is items moved from the Consent Agenda. We have E, F, and G that was given to us for Lochsa Falls. I believe the attorney, Mr. Nichols, you wanted to -- Meridian City Council Meeting December 17,2002 Page 4 of 53 Nichols: Mr. Mayor, Members of the Council, Becky Bowcutt, who has been the Developer's Representative, made a verbal request of Mr. Hawkins-Clark that the items be pulled to January yth, because of some final changes that have been made and questions about whether they had adequate time to review them. Mr. Martin, who is one of the owners and associated with the development, is here and has asked that we -- you consider approving these findings subject to them being able to review them and if they disagree with the findings, that, then, we come back and look at them again. I think we have made the changes that the city believes were within your approval and we have made some changes that they requested regarding the identity of the owners of some of the property and some of that stuff. We just got the last changes late last week and so they have not really had adequate time to look at it. It's my opinion that they are ready to go and so this way they wouldn't have to wait until the yth of January to be able to begin their Final Plat process. I would ask that you conditionally approve these, with the understanding that if the applicant or the applicant's representative notifies the Clerk within one week, that we will visit these again on the yth. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that, I would conditionally move that we approve Findings of Facts and Conclusions of Law on the request for annexation and zoning of 354.38 acres from RUT to R-4 zones for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson that the applicant has one week to review the Findings and get back to the Clerk and if he does have problems, we will take this up January 7, 2003. Corrie: Okay. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay let the record show that they are approved with conditions for one week. That was for E, F, and G. MOTION CARRIED: THREE AYES, ONE ABSENT Bird: Got to do them one at a time. Corrie: I was going to say -- that's okay. F. Item F, Findings of Facts on the request for Preliminary Plat. Mr. Bird. Bird: Mr. Mayor, I would move that we conditionally approve the Findings of Facts and Conclusions of Law for approval of PP 02-009, request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Meridian City Council Meeting December 17, 2002 Page 5 of 53 Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson, and that the applicant has one week to look over the Findings. If they do not agree with them, to get back in writing back to the City Clerk, and if he does, then, we will move this to January 7, 2003, and if there are no problems, we will have it approved. McCandless: Second. Corrie: Motion has been made and seconded any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: I will entertain a motion on the Conclusions of Law for the request for Conditional Use Permit. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we conditionally approve the Findings of Facts and Conclusions of Law for approval of CUP 02-012, request for a Conditional Use Permit for a PUD of 862 single-family dwellings and 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson. The applicant has one week from today to -- if they have any disagreement with the Findings of Facts and Conclusions of Law to respond in writing to the City Clerk. If so, this will be tabled to January 7, 2003. If not, we will approve it. McCandless: Second. Corrie: Okay motion has been made and seconded any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT I. Findings of Fact and Conclusions of Law for Approval: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L- o zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Meridian City Council Meeting December 17, 2002 Page 6 of 53 Corrie: Okay Item Number 5-1, the Cherry Lane Christian Church Conditional Use Permit for a preschool and school. This is for the changes in the Findings. Nichols: Mr. Mayor, Members of the Council, you have before you a letter dated December 16, 2002, from the Cherry Lane Christian Church, asking for changes in Item 2 on CUP Findings on Item 3. That was the one meeting I wasn't at, so I ask that this be pulled to the Regular Agenda, so you could review their request, to see if you agree with those. If you do, then, just direct me accordingly and we will revise the Findings. Corrie: Thank you. Council? Bird: Does staff -- I understand the reason for that, but I'd like to -- Corrie: Okay. Brad? Hawkins-Clark: Mr. Mayor -- are we on? There we go. Thank you. Mr. Mayor, Mr. Bird, I did review those two items and staff is in agreement. Corrie: Any other -- Council, any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Findings of Facts and Conclusions of Law for approval of a Conditional Use Permit for a preschool and school for the Cherry Lane Christian Church, with the proposed changes from the letter dated December 6, 2002, and to have the Mayor sign and the Clerk to attest. Bird: Second. Corrie: Okay motion has been made and seconded any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Calf: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Request for Conditional Use Permit changes approved. MOTION CARRIED: THREE AYES, ONE ABSENT K. Findings of Fact and Conclusions of Law for Approval: PP 02w 020 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 6,503 acres in an R-4 zone for Salmon Rapids No, 5 by Farwest, LLC - north of East Victory Road and west of South Locust G rove Road: Corrie: Item Number K, Salmon Rapids No.5 Mr. Nichols. Meridian City Council Meeting December 17. 2002 Page 7 of 53 Nichols: Mr. Mayor, Members of the Council, you have in front of you a memo from Brad Hawkins-Clark, dated December 17th, that asks for a portion of the order on Salmon Rapids to be revised, which adds an additional condition regarding drainage, the Grading and Drainage Plan. If it's your desire to add that, I need you to so direct and we will revise the Findings accordingly. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Since I made the original motion, I would move that we direct the attorney to add Page 5, the new number A-8, following condition prior to issuance of Building Permits for any new dwelling units. A licensed engineer shall certify compliance with the approved Master Grading and Drainage Plan for this subdivision and I know the applicant was in agreement with that. We missed it in my motion last week, so I would move that we approve that with that new wording in that. De Weerd: Second. Corrie: Okay motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay motion is passed with the condition. That takes care of the items moved for Consent Agenda. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Ordinance No. : Tree I Forestry Ordinance: Corrie: So Item Number 6 is an Ordinance Number 02-990, which is a Tree/Forestry Ordinance. At this time, I will ask the City Clerk to read the Ordinance Number 02-990 by title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-990, an Ordinance of the City of Meridian enacting a new Title 13 Parks of the Meridian City Code providing for a chapter to be known as the Meridian Forestry Ordinance, providing for definitions, findings, statement of purpose, justification, establishment and duties of the city arborist and interference with city arborist unlawful, responsibility of adjacent property owners, permits, damaging, destroying, or mutilating public trees, compensatory payments, penalties for violation, public nuisances or hazard trees, abatement of public nuisances or hazard trees, licensing of tree and landscape services, appeals, severability, conflict, validity, savings clause and providing for an effective date. Corrie: Thank you. Is there anyone from the audience that would like to have the ordinance read in its entirety? It's going to be -- either a short night or a long night. Hearing none, I will entertain a motion on Ordinance Number 02-990. Meridian City Council Meeling December 17, 2002 Page 8 of 53 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-990 for Tree/Forestry Ordinance and to have the Mayor sign and the Clerk to attest, with suspension of rules, pursuant to Idaho State Code. Bird: Second. Corrie: Okay motion has been made and seconded to approve Ordinance Number 02- 990, with suspension of rules. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: All ayes. One absent. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Ordinance No. Ordinance: Amended Floodplain Corrie: Item Number 7 is Ordinance Number 02-991. This is an amended Floodplain Ordinance. At this time I'd like to have, the City Clerk read the title only of the ordinance, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-991 an ordinance of the City of Meridian amending Ordinance Number 01-928, pertaining to the flood damage prevention amending Section 10-6-2, Definitions - lowest floor by the addition and elimination of words within the definition, and amending Section 10-6-5 A. 1. a. and 10-6-5 A. 2. a. and c., provisions for flood hazard reduction - anchoring, construction materials and methods, by the addition and elimination of words within those sections, and by the addition of a new Subsection 10-6-5 A. 6., crawlspaces; and by amending Section 10-6-5 B. 1. a. and b., provisions for flood hazard reduction - specific standards - residential construction by the addition and/or elimination of words within those sections; and providing an effective date. Corrie: You have heard the reading of Ordinance 02-991, the amended Floodplain Ordinance. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion, then, on Ordinance Number 02-991. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeling December 17, 2002 Page 9 of 53 Bird: I would move we approve Ordinance Number 02-991, the amended Floodplain Ordinance, with the suspension of rules, and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay Ordinance Number 02-991 is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Ordinance No. International Buildinq Code: Adopting the 2000 Item 9. Ordinance No. Adopting International Mechanical Code and Fuel Gas Code: the 2000 Corrie: Number 8 is an Ordinance on the International Building Code, adopting the 2000 International Building Code. Before I assign a number, is there any discussion that you would like? Mr. Bird. Bird: Mr. Mayor, I will let Mr. Nichols read the State Statute that says that we have to pass this, but it doesn't say, what happens if we don't pass it. I don't know how they can demand that you pass a certain thing, if they are not -- if they are not going to give you money or something like that. I mean if there was money attached or we was doing a bunch of paid federal funding, I could understand it, but -- and I'm not saying this code isn't 100 percent right -- or isn't right. I hate to pass anything that we haven't had a chance to look at and I have some real concerns on their energy source -- their energy codes that is, I believe, hurting builders out there very hard and in the long run it's hurting the consumers. Anyway, I will turn it over to Mr. Nichols and, then, the rest of the Council can decide. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, let me read from a few provisions under Idaho Code. These are statutes that were passed in the last legislative session. The first is Idaho Code 39-4101, which is legislative finding and intent. Subsection 1 reads uniformity in Building Codes and uniformity in procedures for enforcing Building Safety Codes throughout the state are matters of statewide concern. Interest in the uniformity of intent, elimination of absolute restricting, conflicting, duplicating or unnecessary regulations and requirements, which could unnecessarily increase construction costs or require the use of new materials or methods of installation and provide unwarranted preferential treatment to types of classes and materials and products or methods of construction. Section 2 reads it is the intent of the legislature to promote the health, safety, and welfare of the occupants or users of buildings and structures, such as in this Meridian City Council Meeting December 17, 2002 Page 10 of 53 chapter. Require minimum performance standards and requirements for construction and construction materials consistent with accepted standards of engineering, fire safety, life safety, and accessibility to those with disabilities. Establish for jurisdictions, enforcing Building Codes pursuant this chapter, minimum standards and requirements in terms of performance, energy efficiency, effect upon construction costs and consistency with nationally accepted standards, permit the use of modern technical methods, devices, and improvements and clarify and establish roles of the various jurisdictions subject to this chapter. In Idaho Code 39-4116, it says in Subsection 2, by January 1, 2003, local governments that issue Building Permits and perform Building Code Enforcement activities shall, by ordinance, adopt the following code published by the International Code Council and as adopted by the state or by the Idaho Building Code Board. A, the International Building Code, including all rules promulgated by the board to provide equivalency with the provisions with the Americans with Disability Act, accessibility guidelines in the Federal Fair Housing Act and Accessibility Guidelines. B, International Residential Code, Parts 1 through 4 and 9 and, C, International Energy Conservation Code. Local governments are not required by this chapter to adopt the other reference codes in the International Building Code. Those are the ones that are to be adopted by January 1, 2003, under the Statutes. There is also another provision that says local governments can amend the ordinance, provided that the amendment establishes at least an equivalent level of protection to that of the adopted Building Code so that's what the Statute says. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: It still doesn't give us any penalties. Gary, what are we working under now Building code. Smith: Mr. Mayor, Councilman Bird, I think it's the 1997. I'm not absolutely sure of that. Bird: '97 or '98? Smith: '97, I think it is. Bird: Another thing it said in one of those things he read there was, you know, to be nationally conformatory. Well, Boise -- this area is -- it don't conform -- don't conform with other areas. We have one of the longest -- or farthest degree temperature ranges there is that. That affects building. I mean we can be 20 below and 105 above in one year's time. I mean if you're on the coast it's -- it can be between 40 and 80. If you're in California, it's the same way. I'll leave it up to the other Council. I just -- I don't see -- they are telling us we have to pass the code, but I don't -- I personally don't know what the code says. Do you? Smith: No, Councilman Bird, I don't. Bird: I've never seen it and they are telling us we have to pass it. Meridian City Council Meeting December 17, 2002 Page 11 of 53 Smith: We have copies of it at the Building Department. I've had the Building Inspectors go through the code and I haven't had any reports from them, other than the one exception, they -- our building official has requested was to exclude the energy conservation portion of it for agricultural buildings. I believe that was the only exception that he had recommended, if my memory serves me correctly. Bird: To my knowledge, this is the first time we have passed a code like this without going before it -- or without the Council seeing it. Maybe the other Council has seen it. I haven't. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We did get a copy of the Electrical Code -- Bird: That's another-- De Weerd: I guess my concern is Councilman Bird is raising a particular situation. We haven't had a Public Hearing and how often do we pass an ordinance without having a Public Hearing. Maybe hearing some of these, concerns and now we have it the last meeting of the year and we have to pass it by the end of the year, we don't really have - - we are kind of caught between a rock and a hard spot. I guess we can always go back and amend it. I am concerned that we are not operating under a current code and we should be. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Where does it say -- we are operating under -- this was drafted by the legislature to take care of small towns that didn't have any Building Enforcement Codes, so they just included everybody. We are working under a Building Code. Smith: Mayor and Councilman Bird, Mayor and Council, it was my understanding that they are operating more or less under the International Code, just because it was coming, that it's being adopted by other entities. It is a requirement by State Statute that we adopt it and so our inspectors in the building and the mechanical -- and the mechanical inspectors are -- or not sure I got the right name -- Mechanical Contractors Association, they have had -- they hold monthly meetings at our conference room and talk about codes, and requirements. I know this International Code has been a subject of much discussion amongst that group and Rod Medley, who is our Mechanical Inspector, is heavily involved in that little association. Bird: We have no problem with that. That's the next one coming up but they have given us an outline of that one. We don't -- I have not seen this one. Tammy is right, we never passed a code like this. Every code that -- since I have been on here, when we passed a code, we have a Public Hearing. You're affecting a lot of people. You're Meridian City Council Meeting December 17,2002 Page 12 of 53 affecting the consumer, the builder, the developer, the architect, the engineer, and subcontractors -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess when we had an item on Pre-Council regarding the Electrical Code and updating it. It was -- it was discussed at that time that we wanted to do it, along with the International Building Code. Also look at fees and that a Public Hearing would be held, so this did catch me by surprise it was on our agenda, because we haven't had the Public Hearing. I thought it would be concurrent with the fee increases so, you know, I don't know what changed that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nichols, if we don't pass it by January 1, 2003, we can't issue Building Permits? Nichols: Councilman Bird, Mayor, Members of the Council, I don't know the answer to your question. Bird: I don't see in that -- I don't see in that state thing any penalty at all. Nichols: Well, Mr. Mayor, Members of the Council, there may be an additional Statute in this section that says such. I'm just reading from some appendices. We have been working on trying to get these International Codes -- how we are going word an ordinance or what amendments or exceptions to it. We have been working with staff to try to get that done and so -- and I apologize that we didn't get it done in time for you to have better opportunity to look at it, but this isn't the only city where that's occurred. Nampa passed theirs last night. I just -- it was our requirement to bring it before you in time to have it done. Now, typically, you have more than three meetings. I mean you have -- potentially have two more this month and, of course, Christmas Eve and New Years Eve are the dates for the meetings. It's just one of those things and Gary has been working with me to try to get these things reviewed by the Building Inspectors, Mr. Whitman and others. That Electrical Code isn't before you, because it wasn't mandated by State Statute that it had to be adopted by the end of the year. When we are talking about Public Hearings, it was my impression we were talking about a Public Hearing because the fees would be increased more than five percent and, therefore, we were mandated to have a hearing. I didn't anticipate, obviously, this issue, because I know that the Clerk had sent out and materials had been received from AIC to all of us in terms of these Building Code adoptions probably more than a month ago. It's your -- whatever you direct us to do. If you direct us to hold it and see what it is, if you want me to go see if there is an additional Statute, we can put this at the end of the agenda and we can take a break. Mr. Berg and I can look at additional State Statutes in this particular title and chapter of the State Codes to see if they are penalties for failure to adopt, so you have that information. We can do that. Meridian Clty Council Meeting December 17, 2002 Page 13 of 53 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I don't know, I just -- I have a real problem and I don't know how Cherie and Tammy feel, but I have a real problem adopting an ordinance when I haven't even read the code. I mean they may have something in there that turns this community upside down on their head. I doubt if they do, but you know, you never know. I'll do whatever the other two want to do. Corrie: That kind of puts us between a rock and a hard place. It's a State Statute that we have to follow. We said we would follow the state law and here we are talking about not following a state law that we haven't seen. That kind of puts us in a Catch-22 here. I don't know whether I would feel very comfortable by not signing the ordinance, because it states in the state law that you have to. I think it might be a good idea to have the City Attorney and City Clerk take a look at that and put this to the last, delay it, and see what kind of -- we do have an ordinance, but I'm hesitant to not follow the law. Bird: I agree with you on that, Mayor. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Then, I would recommend that we table 8 and 9 until the end of the agenda and also ask that the attorney look if we adopt the code this evening. If we can revisit a portion of it and look at amending it at a later date or a date specific to take it up to request testimony and further input into certain sections. I would move that we move Items 8 and 9 to the end of the agenda to follow Item Number 17. Bird: I will second that. Corrie: Okay motion has been made and seconded to table the Item 8 and 9 and place it on Item Number 18, which is after the water, sewer, and trash delinquencies. Any further discussion? Okay all those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Ordinance No. AZ 02-025 Request for annexation and zoning of 6.24 acres from RUT to C-N zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: Corrie: We will move down to Ordinance Number 02-992, request for annexation and zoning of 6.24 acres from RUT to C-N zone for Betty Lou Britton by Betty Lou Britton, 3680 West Ustick Road. At this time, then, I would like to have the City Clerk read Ordinance Number 02-992 by title only. Meridian City Council Meeting December 17, 2002 Page 14 of 53 Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-992 an Ordinance finding that certain land to be known as the Betty Lou Britton property, located on the north side of Ustick Road, west of Ten Mile Road, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Betty Lou Britton has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Neighborhood Business District (C-N) and declaring that said land, by proper legal description 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 the ordinance and map of the area to be annexed to Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance Number 02-992. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion on the ordinance. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move we approved Ordinance Number 02-992, request for annexation and zoning of 6.24 acres from RUT to C-N zone for Betty Lou Britton by Betty Lou Britton and for the Mayor to sign and the Clerk to attest and with suspension of rules. Corrie: Okay. Do I hear a second? De Weerd: Second. Corrie: Second is made for Ordinance Number 02-992. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay the ordinance is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. FP 02-028 Request for Final Plat approval of 9 building lots and 4 other lots on 4.72 acres in an R-3 zone for Orawbridqe Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: Corrie: Item Number 11 is a request for Final Plat approval of nine building lots and four other lots on 4.72 acres in an R-3 zone for Drawbridge Subdivision by Pinnacle Engineers, Inc., 4365 North Ten Mile Road. At this time, I will have staff comments, please. Meridian City Council Meeting December 17, 2002 Page 15 of 53 Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The item here was approved for annexation at your November 6th hearing, as was the Preliminary Plat. The parcel is 4.72 acres. It was approved with an R-3 zone. It's directly across from the Bridgetower Crossing Subdivision there on the west side of Ten Mile Road. Here on the screen is their proposed Final Plat. Staff has reviewed the Final Plat application. It is in conformance with their Preliminary Plat that you approved. You have a report dated December 10lh from Dave McKinnon and Bruce Freckleton that does propose some standard conditions for Final Plat. It is a large lot subdivision that the density is about 1.9 dwelling units per acre. There is a public street there, as you can see, that's coming through the middle of the project. They have a storm water lot here on the very northwest corner. They have provided the adequate turn arounds for emergency vehicles. That was an amendment to their Preliminary Plat. There is a private lane that courses the south boundary of the plat. The common lot was also added here in the very south -- southwest corner to provide room for that private street and curb there, so staff is recommending approval of the Final Plat with our proposed conditions on December 10th. Thanks. Corrie: Okay any questions of staff, Council? Bird: I have none. Corrie: Is the representative of Pinnacle here? State your name and address, please. Boyle: Mayor and Council Members, Clint Boyle with Pinnacle Engineers, 12552 Executive Drive. Staff did a great job presenting the project. The comments were fairly straightforward from the staff. We agree with all the conditions that they have outlined in their report. The only thing that I'm -- that's unfortunate out of all this is last year around this time I was wearing my Santa hat, but I couldn't find it this year and so I apologize for that. With that said, I would certainly request your approval of this, appreciate your staff, and help that they have provided on the project. Thank you. Corrie: Council have any questions of Santa? Okay. Thank you very much. With that, I will entertain a motion on the request for the Final Plat approval of Drawbridge Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of nine building lots and four other lots on 4.72 acres in an R-3 zone for Drawbridge Subdivision. To include all staff comments from the memorandum dated December 10th by David McKinnon and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay the motion is to request Final Plat approval by the motion. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeling December 17, 2002 Page 16 of 53 Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Continued Public Hearing from November 26, 2002: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Corrie: Item Number 12 is a Continued Public Hearing on the Comprehensive Plan Text Amendment regarding the Urban Services Policies in the 2002 Comprehensive Plan. It has been requested that we continue this Public Hearing by our staff until January 28, 2003. Is there anyone from the public now that cannot be there or would like to testify at this point now? This still is a Continued Public Hearing and we will continue it again if the Council so desires. Staff comments? Hawkins-Clark: I have none, Mayor just other than what I had submitted through the memo. Thank you. Corrie: Council, any objection to continuing the Public Hearing? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, will this allow -- I understand that you will be writing that and, then, it will go in front of the board to these various groups? Hawkins-Clark: Mr. Mayor, Councilwoman de Weerd, that's correct Unless the Council would prefer to provide guidance for this process, but, essentially, what we were going to include in our draft -- the main two items, if you've read the materials, is for development in the area of impact outside the city limits. We were going to add the issue that there would be an irrevocable consent to annex that would be attached to the deeds of all development that is in Ada County that receives city services, but is not annexable. That would be the proposed policy change that would be added. Then, there needs to be some work done on how park impact fees would be collected from such developments as well and that would be also discussed. What I heard from the Council last time was to, essentially, move -- get the input and sign-off of the boards of Ada County Association of Realtors and BCA, so that you can see the proposed language that those private industry groups have reviewed. They only meet once a month, so -- De Weerd: I did not know what the outcome of that meeting was, other than staff felt comfortable with it and so did the other participants. I guess I'm the one that really likes the language in the old Comp Plan, because -- and in talking to Commissioner Kingsford, again, just the other day, I do know, in particular on several of the applications, that we had a high degree of concern about when the city recommended Meridian City Council Meeting December 17, 2002 Page 17 of 53 denial. The whole reason they were able to deny that application -- those two applications was because of the language we had in it specifically and so this has major ramifications for growth in our area of impact that are not contiguous to our city that I have very grave concerns about as well. This is the first time I have really heard what the agreed upon language was kind of going towards and Pm not too sure I agree with it, but I'll wait and see what the language is that comes in front of us and discuss it, then. It might even be helpful to ask the input from Ada County on -- I do know they will allow development in our area of impact at the -- at the densities that are noted in our Comprehensive Plan, whether it's contiguous or not. If it's in our Comprehensive Plan and it's in our area of impact, unless we have specific language that cites certain requirements and being connected to municipal services was that phrase that really gave them leverage to do something. I will just note my concern. Corrie: If I remember, Brad, those two organizations didn't want any changes that we had is that correct or am I thinking of somebody else? Did they testify that they didn't want a different change? Hawkins-Clark: Mr. Mayor, at the meeting that we had that -- I believe you're right, that they are certainly comfortable with the current August 2002 Comprehensive Plan language, which does say that the city may consider these types of developments. It doesn't really provide much further guidance than that, but I think they were also in agreement with these other two issues. I -- they would certainly be acceptable of it staying as it was, but since the Council had requested that we meet and talk over some other issues, then, that's where these came up. Corrie: Mrs. de Weerd makes a good point, so we don't know what -- any other discussion? Let the record show that Mr. Nary is back with us in the meeting. If there aren't any other comments, I will entertain a motion to continue the Public Hearing on the Urban Services Policies until January 28,2003. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we continue the Public Hearing on the Comprehensive Plan Text Amendment regarding Urban Services Policies in the 2002 Comprehensive Plan to January 28, 2003. Bird: Second. Corrie: Motion has been made and seconded to continue the Public Hearing for the Urban Services Policies until January the 28, 2003, recommended by staff. Any further discussion? Hearing none, all those in favor of the motion say aye. Motion carried, Thank you. MOTION CARRIED: ALL AYES Item 13. Public Hearing: RZ 02-005 Request for a Rezone of 0.8 acres from L-O to C-G zones for Anqel Park Development by Farmers and Merchants Meridian City Council Meeling December 17, 2002 Page 18 of 53 State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: Corrie: Item Number 13 is a Public Hearing. This is a request for a rezone of .08 acres from an L-O to C-G zones for Angel Park Development by Farmers and Merchants State Bank, northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road. At this time, will open the Public Hearing and we will invite staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, this rezone request is for this triangular shaped piece of property at the corner of East Fairview and Hickory. Its surrounding properties are Capital Christian Center on this large property to the north and east. Louie's Restaurant currently sits to the west. There is a commercial car wash that is zoned Light Industrial here on the south side of the Fairview. The map on the screen doesn't really adequately show. There was a rezone of the Louise's piece that is not outlined on this screen to a C-G, Commercial General Zone. That was done in 2001. All of this property was originally annexed in 1992 and it was given the Limited Office zone at that time, which is the most appropriate zone for the church. The applicant is now proposing that the property be developed for a more commercial type use, kind of trying to remarket the property at this time. They have proposed a C-G zone. The Comprehensive Plan was changed to show commercial at this area, so it does now comply with the Comprehensive Plan. There certainly are some commercial uses in that zone that would probably not be too compatible for Fairview, but given the size of the property, just .8 acres, most of those more intensive uses are not feasible to really develop on a parcel that size, particularly when they are going to have the required landscape buffers to deal with. The Planning and Zoning Commission did recommend approval of the rezone request. There are six conditions of approval that are there in the recommendation to you. Most of those are pretty standard. My understanding is we have not received anything in writing in response from the applicant to the recommendation, so I believe they are in agreement with those. Thank you. Corrie: Any questions from Council? Okay. Since this is a Public Hearing, I would invite the applicant to come forward tonight, if they are here. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Toney: It is. Corrie: Name and address, please, for the record. Toney: Richard Toney, 4128 Adams Street in Boise. Mr. Mayor and Council I don't really have any comments to make, other than just to request the approval and to answer any questions that anybody might have. Corrie: Have you seen the requirements and the conditions? Toney: I have. Corrie: And you agree with all of those? Meridian City Council Meeting December 17, 2002 Page 19 of 53 Toney: We do. Corrie: Council, questions? De Weerd: I have none. Bird: I have none. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Have you had conversations with the church about the rezone and have they provided any input? I notice that there wasn't -- Toney: They don't have any problem with the rezone. Nary: Thank you. Corrie: Thank you. De Weerd: I like your tie. Corrie: Is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council, any further discussion for the Public Hearing? De Weerd: I have none. Bird: I have none, Mayor. Corrie: Okay. If there is none, 1'1[ entertain a motion to close the Public Hearing on Item No. 13, Angel Park Development. De Weerd: So moved. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Any further discussion? Hearing none, I will entertain a motion on the request for the rezone. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting December 17, 2002 Page 20 of 53 Bird: I would move that we have approve the rezone of .08 acres from L-Q to C-G for Angel Park Development by Farmers and Merchants State Bank, northwest corner of North Hickory Way and East Fairview Avenue and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the rezone and have the attorney draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Thank you. Approved. MOTION CARRI ED: ALL AYES Item 14. Public Hearing: CUP 02~034 Request for a Conditional Use Permit for a Pediatric Clinic on 1.22 acres in an L-O zone for Treasure Valley Pediatrics by Treasure Valley Pediatrics - Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: Corrie: Item Number 14 is a Public Hearing. This is a request for a Conditional Use Permit for a pediatric clinic on 1.22 acres in an L-O zone for Treasure Valley Pediatrics by Treasure Valley Pediatrics, between South Locust Grove Road and South Eagle Road, on the southeast corner of East Overland Road and South Celebration Avenue. At this time, I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. Gary is just handing to you some revised recommendations. The recommendations that were passed out prior to this hearing somehow got kind of confused with some other projects. It was -- we will just blame it on the Christmas scrooge bug in the computers or something. It was confused so this that you're receiving right now should be a correct version of the recommendation. I did hand out a copy of that revised recommendation to the applicant earlier this evening. The request is for a Conditional Use Permit for a pediatric clinic on East Overland Road. The lot that they are proposing to construct on this is within the Resolution Subdivision, which was, as you recall, part of the Magic -- or Mountain View High School is just to the south of this lot. The Development Agreement that was approved with Resolution did require a Conditional Use. They didn't have any uses at the time that Resolution was annexed and zoned and platted, so the condition -- and Council did require Conditional Uses for all future uses at that time. That's pretty much the sole reason for a Conditional Use in this case. Here on the screen is generally the plan. They have -- the applicant has submitted a revised Site Plan that you should have received dated December 2, 2002. That's the amended date of the drawing that was submitted by GV A Architects. That does reflect a couple of minor changes to this, but, generally, what they have proposed is to single access off of Celebration Avenue that comes off of East Overland Road into their parking area. They do have their building Meridian Cily Council Meeting December 17. 2002 Page 21 of 53 moved fairly close to Overland Road with the parking on the south side. The building itself is approximately 8,200 square feet. They do have an entry feature. The main issue that Planning and Zoning Commission dealt with was simply an addition of a -- they had originally 13 parking stalls on the southbound and that was amended to just have 12, since the Landscape Ordinance does require no more than 12 parking spaces in a row. I think with that and the recommendation that I just handed out to you, it should reflect the conditions that the Planning and Zoning Commission approved. They do have the -- half of this lot is proposed to just be left undeveloped right now. The owner is just looking at developing this western half. We have added conditions that, obviously, they have to keep this maintained free of weeds and mosquito infestations other things that might occur there, since there is no construction or development, and they simply -- it is a single lot right now. They would be required to re-subdivide this if they wanted separate ownership or provide a Planned Development Application to us to get two buildings on a single lot. That's also a condition of this application. I believe all the other standard comments are there. We did also just receive an item, which you should have packets, it's the comments from Bill Gregory at the SFC that talks about the location of the trash enclosure. He says that it's approved for a three cubic yard container, but no larger, and that the front access is limited. It sounds like he's asking for that condition, but if you include -- if you include all conditions that were proposed, then, that would be covered, I think. The location of the trash enclosure should accommodate that. Thanks. Corrie: Thank you, Brad. Any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I just wanted to know -- on Page 2.A.1, what a landscaping hall is. Tis the season I don't know. Hawkins-Clark: That's a good question. Nary: I think that's shall. De Weerd: I'm thinking wall -- Bird: We couldn't figure out what the hall was. Corrie: All right. De Weerd: Thank you. Corrie: Brad, thank you. This is a Public Hearing. Is the applicant here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Turney: Yes, sir. Meridian City Council Meeting December 17,2002 Page 22 of 53 Corrie: Name and address, please. Turney: Mr. Mayor, Council, my name is Steve Turney. My address is 4096 East Driftwood Drive in Meridian. We have had time to review the conditions of approval and we agree with the staff recommendations. I'd like to commend them on their report. There was an issue when we were before the Planning and Zoning Commission regarding the Central District Health Department's recommendation that our storm water be pretreated through a grassy swale prior to this discharge. I made mention of that at that hearing, that we had concerns with a swale, particularly, my client is concerned with the kids -- we tried to make a nice entry to the clinic for the kids to play and there is also an area for expansion if -- down the road if things go well. If it pleases the Mayor, I do have a Site Plan -- a revised Site Plan if you guys don't have it in your stuff, if that would be helpful. Thank you. That revised Site Plan indicates the plaza area, towards the north -- or towards Overland Road we do have an expansion area for three more exam rooms for another doctor down the road, and it was a major concern of my comment that we don't have swales. We have designed to the best management practices for storm water disposal and we have designed to the storm water management requirements. I would request that Item B-1 be stricken and we will comply with Central District Health Department storm water requirements, but we would like to get the grassy swale requirement for pretreating stricken from the record. We do have a sand and grease trap and we have followed all the other conditions for Central District Health Department, as well as Meridian's requirements. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have two things. One, I guess, is a question for staff, but just a comment. This is a very nice design and I'd like to commend you for that. It looks very nice. I guess in regards to your request for changing the recommendation from Central District Health, I don't think we can change one of their conditions. I don't know if that's a question of Gary or our attorney, but you could appeal to Central District Health to amend that, but I think our findings have to reflect their recommendation. Nichols: Mr. Mayor, Members of the Council, I think on some of these other projects we have allowed them to use the best practices and Gary can address that and Brad can. I know we have done it on some others. Smith: Mr. Mayor and Council Members, I know the grassy swale issue has come up before, as in some cases being difficult to obtain or attain and Mr. Nichols is correct that we have relented on that shall be required issue from Central District Health and fallen back to best practices for storm water disposal. De Weerd: Well, would the resolution be to just change the wording on that? Nichols: Mr. Mayor, Members of the Council, if you just strike Number 1. Number 2 is still in place. De Weerd: Okay. Meridian City Council Meeting December 17, 2002 Page 23 of 53 Corrie: Okay anything else? Okay. Thank you. Any questions? Bird: I have none. Corrie: We have two people that asked to give testimony tonight on the Treasure Valley Pediatrics. Steve Turney. Oh, you already -- I'm sorry, Steve. Eric Anderson. Okay. Anyone else from the public like to issue testimony? Sorry about that, Steve. Okay. Any other questions, Council, while we are on the Public Hearing? Okay. I will entertain a motion to close the Public Hearing on Item Number 14, request for Conditional Use Permit for Treasure Valley Pediatrics. Bird: So moved. Nary: Second. Corrie: Motion made and seconded. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Any further discussion? Hearing none, I will entertain a motion on the request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would move we approve the request for Conditional Use for a pediatric clinic on 1.22 acres in an L-O zone for Treasure Valley Pediatrics. To include all conditions and also to amend Page 4, Item E-1, to delete that as a condition from Central District Health and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay motion has been made and seconded to approve the request for Conditional Use Permit for Treasure Valley Pediatrics, with the amendment, and for the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 15. Public Hearing: CUP 02-036 Request for a Conditional Use Permit for a multi-building office/restaurant complex and Krispy Kreme drive-thru facility in an l-L zone for Treasure Valley Business Park No.1 by Clark Meridian City Council Meeting December 17, 2002 Page 24 of 53 Development -- southwest corner of North Eagle Road and East Fairview Avenue: Corrie: Item Number 15. This is a request for a Conditional Use Permit for a multi- building, office/restaurant complex, and Krispy Kreme drive-thru in an I-L zone for Treasure Valley Business Park No. 1 by Clark Development, southwest corner of North Eagle Road and East Fairview Avenue. At this time, I will open the Public Hearing and, excuse me, have staff comments first. Hawkins-Clark: Must have had the Krispy Kreme ordered in from Utah, then. Corrie: Yes I did. Hawkins-Clark: Don't have it here yet. Corrie: Didn't share either. Hawkins-Clark: Thank you, Mr. Mayor. Item 15 and 16 are very much interrelated here tonight. The first one, Number 15, deals strictly with the Conditional Use Permit and the main driving force behind this request is to allow the applicant to get going on several buildings prior to this subdivision being recorded. In order them to get multiple buildings on a single lot, they decided to come through with a Conditional Use, and it's primarily driven by this -- by this northeast corner of the project at the southwest corner of Fairview and Eagle Roads. This light industrial zone on this 14 -- or 1 guess it's -- by the time you add these other three lots in here it ends up to be more like about 18 acres or something. This was a part of the Development Agreement back in, I believe, 1993 or 1994, Mr. Tom Wright's development that came through that the Development Agreement essentially allowed a Planned Development for any uses here. It's very broad in its nature. It, essentially, would have allowed this development to occur without them coming through with a Conditional Use Permit. This was at the same time that the Family Center, Meridian Crossroads Shopping Center was approved on the other side of the street, on the east side of Eagle Road, all annexed at the same time and had the broad Development Agreement. Since they are not rezoning and they are not annexing, that Development Agreement cannot be with amended. Again, the reason -- so they are looking for this corner here, the proposed Krispy Kreme is right at the corner. Then, they do have, as I understand, a couple of other potential users, clients for the building here and at the more southern end towards Florence. Again, to go back, this is the existing layout of that subdivision known as Treasure Valley Business Park, they are looking to resubdivide these lots into smaller lots, and that's the next item on your agenda. This item deals with the Krispy Kreme and those others, the -- the application was for the full 14 acres, essentially, an overall Planned Development, and maybe Mr. Strite could clarify that when he gets up. If they applied for a conceptual Planned Development, the ordinance does require all future uses to come through with Conditional Use Permits in the future and that -- if the Planned Development was for the whole 14 acres, then, that's going to apply, unless the Council says otherwise. I think given the Development Agreement on this property that would not really be necessary, since they have provided some conceptual layouts here and all uses are allowed anyway. They really wouldn't need to come in for a Conditional Use for each individual lot, since the Development Agreement is on this property. The Idaho Transportation Meridian City Council Meeting December 17, 2002 Page 25 of 53 Department does have a letter into you that was dated clear back in October, October 23, from Dan Kuntz, who is a district traffic engineer, and he has recommended that no access be granted to Eagle Road. There is a proposed access here. The applicant, I understand, has appeal ITD's requirement to not allow that access and they certainly can give you an update tonight on where that appeal stands. The plat, next item, really wouldn't deal with that, but given Eagle Road and the unlikelihood of the 55 mile an hour speed limit changing, that's questionable as to whether or not that right in, right out, is appropriate. I think, as you may have read in other areas, the Krispy Kreme has a reputation for having some pretty intense traffic for their first couple of months being open. I think there is some information on the web that you will have two and three hour waits and long 45,50,90 minute waits in those lines, so that's why the Commission did add a condition to the recommendation. Fairly open. It's on Page 2 of the recommendation, Number 6. It simply says that the applicant shall work with the Meridian Police Department, ITD, and Ada County Highway District on a traffic control plan for the grand opening of the Krispy Kreme donut shop. We might add on there that some kind of review by the Meridian City Staff can be on that as well, so we can confirm that they have actually done that. Other than that, for this item, I think those six recommended conditions are there for you to look at and I will end it right there, unless you have any questions. Corrie: Thank you, Brad. Any questions of staff at this time? Okay. Mr. Strite is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Strite: Yes, sir. Mr. Mayor and Cou ncil, Bill Ray Strite, 1010 AlIante in Boise. I'm here, along with Steve Arnold from Briggs Engineering, in support of this application. Perhaps after reading the staff report, certainly we have no problems with the conditions imposed. I guess what I will do is I will kind of follow Brad's lead, I guess, and start with the item requiring future Conditional Use for each particular parcel. I think Brad is absolutely correct in his assessment, that the original Development Agreement would lead us to believe that additional Conditional Uses would not be appropriate, unless the use was such -- as a drive-thru or something inconsistent with the original Development Agreement. As to the ITD Eagle Road access, that seems to be a pretty hot topic. I can suggest to you that Earth Tech has taken this on, they are traffic engineers, and they have met directly with the ITD Staff and also met with Stan Lowe, who is the District Three Engineer. I believe they have come to a compromise relative to that access. That access, for those of you who do not know, was shown on the plat in 1990 prior to Eagle Road becoming a state highway. At that particular point in time, it was approved by Ada County Highway District. However, we are prepared to deal with lTD. I can tell you right now that ITD has suggested, as some of the safety measures, that we take Florence, which, as you all know, is a legal all movement access, convert it into a right in, right out, which we are prepared to do. Secondly, we are prepared to provide an additional decel lane into the access in question, plus extend a very short access lane --- accel. Excuse me, onto a weaving lane, which would allow right turning southbound traffic to weave into traffic -- at this particular point in time -- and I'm sure you have all been out there -- that accellane is approximately 180 feet. Unless you're driving a Ferrari, it's going to be extremely difficult to merge in traffic. We are going to extend it some 400 feet, so that it actually comes down beyond the access in question, flares out, if you will, at the south boundary of Florence. The decellane -- and this is all Meridian Cily Council Meeting December 17,2002 Page 26 of 53 conceptual, so I'm going to suggest to you tonight that this has yet to be approved, but this is what's on the board right now between ITD and Earth Tech. The decellane will come off a free right turn -- additional free right turn, if you will, off of Fairview, break into the project 12 feet, if you will, back to the west and create a right turn only into a right in, right out, access, which is the access that we have proposed on this particular plan. I will note to you tonight that we addressed the Planning and Zoning Commissioners' comments and e-mailed the Site Plan to the city. However, this is not the Site Plan, so maybe I will touch on that as well. The access that you see at the westerly boundary of this project is no longer. That access has been eliminated. Brad, if you would, back -- there you go. A common access has been provided to the Office Value adjacent to this site and agreed to by Office Value and Gem Stone. That also is shown on that Site Plan. The Hickory Road access, which is shown on the southwesterly section of this site, has been deleted and the access -- or common access as presently exists between Lot 6 in this project will be reused. Those were the three comments that were requested of us by the Planning and Zoning Commission and, I apologize, I think the Site Plan that you have in you r packet -~ we delivered 10 of those, I believe, last week -- should delineate that, but just in case they do not, I want to make that clear here tonight. If there is any questions relative to the Conditional Use and if there is anything that I have missed -- excuse me. The third item that Brad mentioned -- and, certainly, we have no problem with, is the traffic review that we are going to provide the Police Department and Fire Department prior to the grand opening, can certainly be reviewed by the staff accordingly, and that could be a condition, certainly. That's not a problem. I will stand for any questions, if there are any. Corrie: Any questions? Okay. Thank you. Is there anyone else here that would like to give testimony at this time? Okay. Council, any questions on the Public Hearing for Treasure Valley Business Park No.1 request for Conditional Use Permit? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have huge concerns about having an access point so close to that corner. That is a nightmare. You know, I think even with the decel and an acceleration lane, that intersection is the busiest intersection in the State of Idaho. I talked to some traffic and some transportation planners and about the traffic nightmare this has had with Krispy Kremes and, yes, it does settle down after a couple months, but you still have that traffic. I can see them stacking on Eagle Road just to get into that -- that parking lot. I know we are requiring a Traffic Plan and all of that, but people will be people and you're not going to control them. You can't say you can't stack there and they won't. I guess I would be interested to hear why you need to have that -~ that right in and right out just at that particular location. Strite: Mr. Mayor, Councilwoman de Weerd, let me first suggest to you that this is the ~- that particular Site Plan that you're looking at is a little deceptive. The decel and accel lanes are actually 24 feet to the west. As you come around that corner you are 24 feet off the major highway, in effect one lane being a weaving lane to accel, one lane being a weaving lane for decel, so I think this is a little deceptive. I do have in my packet the plan that was originally provided to ITO and I could probably further that conversation. Meridian City Council Meeting December 17, 2002 Page 27 of 53 However, I agree with you wholeheartedly. The fact is, I'm absolutely astounded by some of the stuff that Mr. Freckleton provided me from the e-mail. I can't imagine anybody in their right mind standing in line for a minute for a donut, let alone three hours, but it will taper down. I think the difference between this particular site and some of the sites that they had in the past is you have got eight ways to get into this site. Eight. It's not so much for the Krispy Kreme, it's the other part of this development that, in fact, really needs the right in and right out. If you look at this particular Site Plan, knowing that Hickory will be signalized at the time it extends to Pine, we have got all this access from that point. It appears to me, and certainly from -- and I'm not a traffic engineer and certainly don't profess to be one -- to having discussed with Mr. Funkhouser, that 300 feet of stacking lane is more than adequate. In fact, he's suggesting that the stack lane on the decel portion be reduced somewhat, because he's convinced that the right in, right out on Fairview, first of all, you have one that we are providing, you have three more that are already there on lots two, three, and four, which we are providing cross-access to. Plus you have the ability to come down at this particular point in time in Florence in the future from Pine north. Again, I do not profess to be a traffic engineer and he's come up with these numbers and he's quite pleased with the fact that the decel and accel were, in fact, to enhance traffic and the safety issue. I think, more importantly, without being repetitive, it's forcing Florence now to a right in, right out, which, in fact, it really is. Unless you go there tonight, you might be able to make a left turn. I doubt it, but you probable could after 2:00 in the morning but that is a deeded access and you cannot take that away from them. This particular project is prepared to delete that and provide the right in, right out, which I think, from the standpoint of safety, is an obvious benefit. With that, I think what I would propose to you tonight and certainly consistent with the staff report, that that access must be approved by ITD prior to issuing of permits and, certainly, we are satisfied with that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess my concern is I -- well, I haven't always agreed with ITD and how they make their decision, sometimes I have no clue. It certainly isn't-- Strite: I think you're in the majority. De Weerd: -- in their policy but traffic coming from the north going south on Eagle Road and the merging traffic coming off of Fairview going east, turning onto Eagle Road to the south and having them crisscross and I just -- the further down it would be better going into Florence. I guess I can understand that your access would be advantageous for the other businesses and I can certainly understand that, but because Krispy Kreme is in that one corner, they will be causing a nightmare right there. I certainly don't want to contribute to that. Strite: Mr. Mayor and Tammy, I don't have any other comments. Again, it would probably be more appropriate to have had Mr. Funkhouser in here. However, I think the staff report is conclusive and I think the condition is imposed. If, in fact, ITD believes that the median proposed, as well as the right in, right out -- and I believe they refer to those as pork chops, are provided, they believe that the safety issues in the weaving Meridian City Council Meeling December 17, 2002 Page 28 of 53 motion, which I think you aptly addressed, are relieved, that's alii can tell you. Again, I would ask that you approve it with that condition and it's basically out of everyone's hands at that particular point. I think the trade off in my mind -- and I'm not a donut man, but it appears to me that there would be more of a safety issue with Florence left turns than there is ever going to be with the weaving movement, if you will, on that access. If we can eliminate that, I think we have made a giant step forward. With that, I will end my comments. Corrie: Any other questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I guess I understand where Councilwoman de Weerd is coming from, you know, it almost seems like that corner, Mr. Strite, ends up a little bit like the old KFC by Meridian and Main Street, that same kind of area geared so close to that street, but I don't know of anything better. I don't know that -- but I think it is a short-term problem. I think the majority of it I guess from what you were saying, so that I'm clear what you were saying. The intent, though, is to basically lengthen those acceleration lanes, so that when you're turning southbound off of Fairview, you're going to have a longer lane in which to merge. If you're not going to Krispy Kreme, if you're just trying to get southbound off Fairview, you're going to have a safer access to try to get onto Fairview. Strite: That's correct. Nary: Is that what I understand? Strite: That's correct. Nary: So, the only concern on that safety issue, that traffic that turns southbound that's still trying to turn into that right in at Krispy Kreme, as well as the cross-traffic coming already southbound on Fairview already -- Strite: Absolutely correct. I guess you could suggest, Mr. Mayor and Councilman Nary, I guess you're suggesting they have that same problem right now with Florence, but in Florence you have got the problem with somebody trying to turn left. At least at this particular point, if everybody is forced to go right in, right out, they are going to have a little bit of a view corridor, because they are not trying to look one way and turn the other. I think that, in itself, is some problem. It's not perfect, but I don't think -- you know, as I mentioned to the Planning and Zoning Commission -- I'll try to make this short -- when the Ada County Highway District turned this over to ITD -- and I'm sure you all know this -- and you were on the Planning and Zoning Commission at that time, this road was anticipated at 31,000 cars a day. Last October it was at 42,000 cars a day and ITD is telling us today that it might be closer to 50,000 cars a day. There is no question that it's there, you know, you have got to deal with it but I think the whole issue here is to try to make it as safe as we possibly can. Obviously, the road is a difficult Meridian City Council Meeting December 17, 2002 Page 29 of 53 stretch of road and that goes from your community all the way to Eagle Road -- all the way to Eagle. You know, it's a problem, but I believe that Mr. Funkhouser has come up with a solution that is safety ridden and I think that's the hopes of our proposal to lTD. Nary: If this isn't approved, Mr. Strite, by ITD, then, you won't have any access point there, you will just leave the Florence access the way it is. Strite: That's correct, sir. Nary: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You go right across the road and you have got the exact same thing going down Fairview into the ShopKo shopping center. You got a right in and right out right off of that as soon as you make the turn, the first one, and swing over and swing out. Strite: That's correct. Bird: I drive it at least two times a day and I have yet to see a wreck there. I don't like it, don't get me wrong, but I think it's -- it is a little different there as you're coming off Eagle onto -- Strite: Well, the one portion, at least you're in a signalized intersection, again, to get you to 55 miles an hour, you got to be hauling the baggage before you get to -- De Weerd: I have seen it happen. Strite: I'm sure you -- my son could probably do that in the first 100 feet. Corrie: We could have the motorcycle patrol doubled and let them sit there. Two things, could be coming out eating a donut to give them a ticket or if they get to 55 before you get-- Strite: Anyway, if they sit there for three hours waiting for a donut, they are going to be too slow to move any further. Corrie: They would have to send them to Albertson's. Any other questions? I don't intend to make light of it, but you're going to have some problems for a while, we know that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting December 17, 2002 Page 30 of 53 De Weerd: I guess a couple of questions. If they approve this, you will agree to turn Florence into a right in, right out. If they don't approve it, you will have full access at Florence. Could we not position it to be right in, right out, regardless? Florence? Bird: It's already got a -- Strite: Mr. Mayor and Councilwoman de Weerd, we might refer that to counsel, either Councilman Nary or Mr. Nichols, but that is a deeded access. I'm not certain exactly how all that works, but my guess is it would be rather difficult to go in there today and suggest that the city could ask that that thing be restricted to right in and -- that would be my guess. I -- De Weerd: It seems with that one that Mr. Jewett had, they denied -- he had full access and they took it away from him, so -- Corrie: It wasn't deeded, though. Mr. Nichols, do you have any comment at this time? Nichols: Mr. Mayor, Members of the Council, if you recall, this is a Conditional Use Permit application and, therefore, you can impose conditions that are reasonably related to the development as it pertains to safety issues. Absent that, a closure of the deeded access would be a taking and would be required to be compensated. De Weerd: I do have one other question for you, Mr. Nichols, and that would be if ITD did grant that right in, right out, where they are requesting it, could we ask that it be blocked for the first two months of occupancy or something like that? I'm reaching. Corrie: I can see that. De Weerd: I just had that question. Nichols: Mayor, Members of the Council, I don't know the answer to that one. I think you might be in a better position, at least during -- since it's not yet finalized, to have Krispy Kreme pay the additional patrol costs associated with the traffic problems, as a condition of approval, since we know the specific use, because that will impact traffic for a period of time. If you're going to have to throw more resources at it for this particular business, then, that might be something that you include. That could go into that Traffic Control Plan that needs to be addressed as far as what the tenant is willing to do or the owner -- I don't know if you -- how you intend it to be developed, whether Krispy Kreme is going to own the parcel and build a building. If that's the case, you may need to include that as a condition, if it requires additional patrol and so forth above your usual costs. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think Mr. Strite knows I'm pretty sensitive about the drive-thru thing as well, but I mean I think if the applicant is willing to work and have the approval of the Police Department and ITD on the Traffic Control Plan, I think those are the issues that we can Meridian City Council Meeting December 17, 2002 Page 31 of 53 work out. I don't see this as a 24 hour problem, although I think the facility will be open 24 hours, I don't think it's a 24 hour problem. I think it's probably some peak times in the morning times and things like that or those kinds of things, but I think that's something they can work out with the Police Department on how to do that, whether it's increased patrol, whether it's some limitations at certain times for certain things. I mean I guess I don't know what those are going to be. I did read the minutes and the discussion that they had at the Planning and Zoning Commission about Rochester, the second biggest story ever in Rochester, even the World Trade Center, so I mean, it's, obviously, a big thing in certain places, but I think the applicant is amenable to that, Mr. Strite. At least working with the Police Department to try and get that accomplished. Obviously, we are all looking for the same thing. It's not whether Krispy Kreme is a part of that concern, that's there. I don't think that's going to be a problem. Strite: Mr. Mayor, Councilman Nary, I don't think that is a problem. As a matter of fact, they have no problems whatsoever with the condition as written. If you would like to extend that condition, as Council has mentioned, not to limiting access, but, perhaps, the applicant providing additional -- I don't know if it would be resources or different -- their own patrol type people -- if there is some kind of language that could be put into that condition, certainly, we would be amenable to that. Corrie: Okay. Any other questions? Strite: As long as it's not too ominous. I mean, you know-- Corrie: Okay any other questions? Okay. Hearing none, I would be happy to entertain a to close the Public Hearing. Bird: So moved. De Weerd: Mr. Mayor, I do have -- Nary: Do you want to have discussion? Corrie: I got a motion on the floor. Need a second and if I don't get it -- Nary: Well, I guess I won't second it, so -- Corrie: Motion dies for lack of second. Mrs. de Weerd. De Weerd: I guess my next concern is that we are not seeing a revised plat. I don't know if that's a concern to anyone, but it does concern me that we are not seeing that. Do we have that on record? Hawkins-Clark: Mr. Mayor, Councilwoman de Weerd, we did receive the hardcopy and it should be in your packets. That was just an error on our part that we didn't get the right one into the PowerPoint presentation. The changes are, as Mr. Strite pointed out, that they have reflected on that an amended plan that was submitted on December 12th to the City Clerk's Office. They were required to submit that and they have moved that Meridian City Council Meeting December 17, 2002 Page 32 of 53 Hickory access and they have changed that Fairview access as well, so that they share that with -- moved it further to the east there on Fairview. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just for discussion on public record, in case the applicant wants to respond, I don't know if my concern is more for the fact that if they don't get that right in, right out access, that Florence will have a full access and right in and left out. I mean that concerns me probably more than the right in, right out, however that is a grave concern. I just don't want it confused that this Item Number 15 is not necessarily the plat itself, but they are pretty closely aligned as well. Without knowing what ITD does, I -- it's really difficult to really make a decision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I would agree with what Councilwoman de Weerd is saying, except for the fact -- I guess I look at it this way. Say we were having a discussion about ITD and they approved it, they approved that access, would we, then, deny this, because ITD approved it? I don't think so. You know, we wouldn't deny it. We would look at is the access going to spill out in the roadway. We would have that concern and in looking at the Site Plan, I mean on a normal operating business, probably not. Are we going to have 15,000 people waiting in line for three hours for donuts, I'm sure the owners would love that, but I don't think that's very realistic, but I think it's a short-term problem. I think the first week the place is open it probably will or a month probably will be. It's not -- but we have tried to address that concern with the conditions requiring that they work with the Police Department in developing a plan and the only additional language that I was going to suggest is that they have the plan approved by the Police Department, not just work with them, but actually have it approved. Again, to try to deal with those traffic concerns, are there going to be other traffic issues about cars turning southbound on Eagle? Yes, there probably will be but we are also trading off that by enhancing that traffic lane to allow for better acceleration to allow those cars to safely merge onto Eagle that doesn't exist today. That's a trade-off. It's not perfect, but it's a trade-off. Is there going to be people decelerating on Eagle Road to try to get into Krispy Kreme in that location, because that may be the only spot they can get in, probably, but they will also have a trade-off if they have Florence as well and another entrance to get there. They aren't all going to have to slam on their brakes when they see that sign, but they probably will. Again, it's a short-term problem for a short-term period of time and eventually people will figure it out. It isn't perfect, I agree there will be people saying what's the matter with you people approving something else on that corner, but, again, I think they have provided a good trade-off for what they want. Again, yes, I would agree with that it's not -- it's not ideal, but it's a give and take here that I think is reasonable on their part. There are some good, along with some of the other concerns and some of those concerns, as Councilman Bird said, some of those concerns are just on the opposite corner as well. They have tried to address those and -- some of those have worked themselves out. I think this one will do the same. Meridian City Council Meeting December 17, 2002 Page 33 of 53 Hawkins-Clark: Mr. Mayor? Corrie: Brad. Hawkins-Clark: Excuse me two points of clarification. One question. I guess one is that the access point itself really is a Conditional Use Permit issue, in my opinion. Plats are going to deal with rights of way and easements, but in terms of where that access would take place. I think this is the appropriate application to have that discussion on that, just to clarify Mrs. de Weerd's point. On a completely other issue, I wondered if we could have Mr. Strite address the issue of design. I'm just looking at 27 different buildings in here and it is a light industrial zone. I'm wondering if, you know, there is any kind of standards that relate to the consistency of materials between the buildings in there or if we are going to potentially see some metal-sided buildings and some that are two story and some that are brick. If there is any kind of design standards that are being proposed as part of the Conditional Use. Corrie: Billy. Strite: Mr. Mayor and Council, for the record, Billy Ray Strite, once again. To answer Brad's question, yes, in fact, we submitted a building elevation with the original submittal for Conditional Use. You may recall that south of Florence we are presently building the Primary Health building, as well as a Family Dentistry building. The architecture that was used with the Family Dentistry building is the -- kind of the basis of the concept that's going to be used throughout this subdivision and, in fact, was submitted as part of the packet. However, you know, in regards to your original comment relative to the conditional use for each particular site, although it may be somewhat ominous to a purchaser, certainly from the standpoint of the development we would have no problem coming back to you. It might be a little cumbersome to come back 46 times, because I'm sure you don't want to see me that often, but if that's the choice of this Council, so be it. Again, the architecture that we have submitted as part of that packet, along with the elevations of the Krispy Kreme is what we intend to build there. Should that change, certainly, you have it in your file and we are on the hook. Corrie: Okay any other questions, other than the two down here. Okay. Do I hear anymore? We are still open on the Public Hearing. De Weerd: Mr. Mayor. I don't know, I just enjoy watching Mr. Strite get up and down. Strite: My legs are killing me, but I can do it one more time. De Weerd: When does that traffic light go in at Hickory Way? Do you know what the timing is on that? Strite: Mr. Mayor, Councilwoman de Weerd, I'm not sure I can tell you that. It's my understanding from the Ada County Highway District that it would only be warranted at the time that Hickory is extended onto Pine and Pine extended into Meridian. I don't think I can answer that. It's my understanding that the warranting would only occur after Pine is extended to Meridian and Hickory to Pine, if that makes sense to everybody. Meridian City Council Meeting December 17, 2002 Page 34 of 53 De Weerd: And the streets that are planned south of this project -- Strite: Jewell Street? De Weerd: Yes. That doesn't connect up to the light over by Blue Cross, does it? Strite: No it dead-ends at Blue Cross. Blue Cross -- the southerly boundary is what -- Jewell. Jewell becomes Olive as it turns south and it dead ends at Blue Cross. There is an emergency access provided both to Blue Cross north onto -- there you go -- onto Olive and we have provided an emergency turn around at the southern tip of Olive, as approved by the Fire Department of the City of Meridian, as well as Ada County Highway District. In effect that is, for all intents and purposes, a dead end. Bird: Hickory comes in and comes over to Pine Street. Strite: Oh excuse me. They do have it 2007. Thank you. De Weerd: So you're putting Primary Health there, a dental office, and Krispy Kremes and 27 other buildings and that light won't be there until 2007? Strite: Well, I will tell you, as the developer, that would be great if they thought they could have all 26 done between now and 2007, but that's highly unlikely. Corrie: Can't say it won't happen. Strite: No. No. I would hope to think from the standpoint of development that the market and demand will be there. I can tell you right now that we are probably working on 12 different proposals for buildings on that site. This is an interesting corner. Everybody likes it. Ultimately, it's going to be certainly well accessed. From the standpoint of any user, if you got 50,000 cars a day going north and south and 30,000 cars going east and west, that's a pretty good chunk. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So did I hear you say, Mr. Strite, that the developer -- the applicant would be willing to live with a condition on here that the remaining sites here would require a Conditional Use Permit, so that we would be able to see -- since this is not a PUD. Since they have a Development Agreement that says they can develop anything, they want to, which doesn't sound like much of a Development Agreement to me -- Strite: But it is. Nary: -- but they would be okay with that? Because I think staff raises a legitimate concern that you're here today and you're building something very good. Two years from now, it may not be you, it may be someone else, and we won't want to have a miss mash of buildings and designs and everything else in this location. That's not a good -- Meridian City Council Meeting December 17, 2002 Page 35 of 53 not a good use of this either. You think that's all right with the applicant as well, if we were to add that condition? Strite: Mr. Mayor, Councilman Nary, I think that would be acceptable and I think appropriate. I might add, Mayor, if I may address Brad. Are you presently working on a design review proposal, so that at some point in time you will have a design review procedure, as well as the land use under a conditional use? If so, would that be effective in this particular instance? Hawkins-Clark: Mr. Mayor, Mr. Strite, we are not -- there are some design -- maybe what you heard is our downtown review. There are some standards being floated around for downtown. Strite: I think that's probably -- Hawkins-Clark: Yes. Strite: We would have no problem with that. De Weerd: Mr. Mayor, I guess one other question. I won't guarantee it's my last, but it's the only one I have right now. Didn't they have -- weren't they taking a major part of that corner off with the Eagle Road corridor, long-term transportation plan? An overpass or something? For Eagle Road. Bird: They weren't taking any out of the corner, just coming down -- De Weerd: You need to move forward and talk into your mike. Bird: They were just going to come down and go up and over Fairview, go underneath. I don't think they are taking much of the frontage road. That's where the City of Meridian screwed up all along Eagle Road and the frontage roads. It's too late now. The frontage road comes in a half mile down from the intersection and you don't have much to come on and off. Too late now. Can't make one development do it, when you haven't made anybody else do it. De Weerd: Okay. Thank you for not answering that. Nary: Do you want Mr. Strite to sit down now or-- Corrie: Your legs are -- Bird: He's been working pretty hard today. Corrie: Any other questions? De Weerd: I have none. Strite: Thank you. Meridian City Council Meeting December 17, 2002 Page 36 of 53 Corrie: Thank you, Billy. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we close the Public Hearing on CUP 02-036, the Conditional Use Permit for multi-building, office/restaurant complex, and Krispy Kreme drive-thru facility in an I-L zone for Treasure Valley Business Park NO.1 by Clark Development. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. I'm going to ask a question, because I'm supposed to. Is there any other discussion? Hearing none, all those in favor say aye. MOTION CARRI ED: ALL AYES Corrie: Any other discussion? Okay. Hearing none, I will entertain a motion on the request for the Conditional Use Permit. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Because I want to be the one that says I moved to approve the Krispy Kreme. Bird: You bet. Nary: I move that we approve CUP 02-036, the request for a Conditional Use Permit for a multi-building, office/restaurant complex and Krispy Kreme drive-thru facility in an I-L zone for Treasure Valley Business Park No.1, by Clark Development. To include all staff comments and recommendations of the Planning and Zoning Commission and to also include that Item A-6 be amended to include that the applicant shall be required to have their Traffic Plan approved by the Meridian Police Department for the first 90 days of their operation. Also that there be an additional site specific comment that all the remaining buildings on this site that were approved shall also require a Conditional Use Permit and for our attorney to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay. Motion has been made to approve the request for a Conditional Use Permit with the staff comments and the addition of A-6 language and the attorney to draw up the Findings of Facts and Conclusions of Law. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting December 17, 2002 Page 37 of 53 De Weerd: Would -- since the applicant seems to agree that if there was some reimbursement necessary for the -- any burden that would be placed on our Police Department, I hate to pass up that opportunity. Did you want to include that in your motion? Nary: Well, I think what I was including was that that has to be approved by the police. Whatever they can work out, since the police have to approve the plan, just whatever they think they need. That plan may include reimbursement and the police have the ability to approve it. That's whatever the chief or the captain wants, do whatever is reasonable, and if they can't reach an agreement, they can come back to us and have us try to solve that. It can include that reimbursement. You can include that if you like, we can certainly include that in the language, that it can include reimbursement, but I think it's probably adequate. De Weerd: Okay. Corrie: Okay hearing nothing further, Mr. Berg, roll call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 16. Public Hearing: PP 02-024 Request for Preliminary Plat approval of 26 building lots on 17.83 acres in an I-L zone for Treasure Vallev No.3 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: Corrie: All right. Item Number 16 is the request for Preliminary Plat approval of 26 building lots on 17.83 acres in an I-L zone for Treasure Valley No.3 Subdivision by Clark Development, southwest corner of North Eagle Road and East Fairview Avenue. We will open the Public hearing and ask for staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, the plat here is generally the same layout as the Conditional Use Permit you just approved. The main discussion that occurred at the Planning and Zoning Commission did have to do with some of the cross-access that happens within -- internally to this plat. Probably the main point to point out -- there is an agreement that -- well, I shouldn't sayan agreement, but there is something in the public record, a letter from Mr. Tom Wright that does address some of the cross-access between the Office Value parcel that is already constructed and built and this re-subdivision. There is a 30-foot wide ingress-egress easement that is a part of this plat that is -- runs right -- runs north and south adjacent to Office Value's east boundary. There is also an agreement -- I will go back to this Conditional Use to allow east-west access between the Office Value parcel and this subject resubdivision plat. That can be accommodated in this 30-foot wide easement here. That may need a little clarification from Mr. Nichols as to whether or not we need to incorporate in any way the communications from Mr. Wright that discusses that access issue, but -- the other point of -- to raise as far as the cross-access, there are two lots here that I would like the applicant to address. I don't believe there is an easement as a part of this plat that Meridian City Council Meeting December 17, 2002 Page 38 of 53 gives access to this Lot 37, whether or not -- how access is going to be taken from Olive into that -- into that lot. If you read the minutes from the P&Z Commission Hearing, there was -- there was quite a bit of discussion about the note that is on the existing plat that says there is a Cross-Access Agreement, which staff has never seen. We are not sure what that agreement means or entails as far as the shared cross-access internally to this project. It's an agreement is the way that it's worded on the plat, it does not say easement, and since we haven't seen that, we mainly just wanted to get that clarified by Mr. Arnold during his testimony. Other than that, many of the issues as far as the lot lines and the frontages and the cross-access issues are addressed as a part of the P&Z recommendation. That's all I have got. Thanks. Corrie: Thank you, Brad. Any other questions? Okay. This is a Public Hearing. Have the representative. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Arnold: Yes, it is. Corrie: Name and address, please. Arnold: For the record, my name is Steve Arnold and I'm with Briggs Engineering, 1800 West Overland Road. I'm here representing Clark Development in the Preliminary Plat tonight. I guess to touch on some of the issues that Brad addressed tonight one was the Cross-Access Agreement. It was previously stated by myself at the P&Z, I believe, that the previous plat had the agreement on that, that is, the Development Agreement that had the Cross-Access Agreement. As you can see that we are putting on the note of this plat, we have a Cross-Access Agreement amongst all the internal lots. We showed those easements out to public streets for those lots that didn't have public frontage. I happen to agree with Mr. Hawkins-Clark that it probably would be a good idea that we show -- we could show an easement on these lots that he was addressing that, obviously, aren't going to have access onto Eagle Road and I will have to work with Mr. Strite on that to make sure that it doesn't affect any buildings. As far as the Cross- Access Agreement along Fairview Avenue, there was a 30 foot wide north-south cross- access easement, which would be able to utilize the property to the west of us, the Office Value I believe it is, and there is a north access driveway off of Hickory. I guess with that being said, I don't have any other comments. We have read through the staff report and agree with all the conditions of the site specific requirements, so I'll stand or sit for any questions, which I haven't exercised for awhile, so I could use it, but-- Corrie: Any questions? Bird: I have none. De Weerd: I don't have any questions. Corrie: Thank you. Gene Avery. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Avery: Yes, it is. Meridian City Council Meeting December 17, 2002 Page 39 of 53 Corrie: Name and address, please. Avery: Gene Avery, representing Food Services of America, at 1495 North Hickory in Meridian. Not really for or against, just a major concern over traffic. Right now, if you come out of Hickory, especially in the evening hours between 4:00 and 6:00, there is probably a 10-minute wait to go onto Fairview. Looking at the development across the street next to Louie's, they kind of coincided with each other, didn't know when to stand up, but probably this one. Very concerned about what that is going to do to our business. We have about 30 trucks that come in and out of there all day long, just our own vehicles, and, then, in-bound 45, 53 footers coming in there. There is Ida-Tran, which is right across the street from us. There is Tri-City Meats, which is kitty-corner from us, and quite a bit of development planned for further down the road on Hickory. I guess our biggest concern is just that access onto Fairview. Even going right -- going right onto Fairview off of Hickory, it's a tough -- tough merge for that. I know right now most of the time when you turn left you have to use the left-hand turn lane and I would say probably 80 percent of the people are using that left-hand lane illegally by using it as an acceleration lane, myself included, so -- Nary: The police are in the back. Avery: I think we have met. I had one question when we were talking about the Florence access, because our trucks do access Florence coming off of Eagle Road with a left-hand turn and you're talking about right in, right out, so are you saying that that left-hand turn off of Eagle would be taken away, then? Corrie: Possibility. Yes. Avery: That would cause even more congestion on that Hickory and Fairview, because either they would have to come around the corner off of Eagle and turn left on Fairview and then left into Hickory or they would have to take the left onto Pine? Is that right? Bird: It would be Pine where the stoplight is. Avery: Right. The problem with Pine right now is that it's like a snake to get to Hickory Avenue, because nothing goes straight. You have to turn right, left, and then left, and right again and it's not very conducive for tractor trailers, especially our over-the-road guys that are making deliveries to us. I guess that's alii have. Corrie: Okay. Thank you. Is there anyone else from the public that would like to issue testimony? I will say we have an ACHD person with us in our Council and I'm sure that they will get back to ACHD and will probably be writing some letters very quickly on Hickory Road and the signalization. Hopefully, they can find some money. Thank you. Any further comments? Okay. Any other comments? Yes. Come up here. De Weerd: We should ask for a portion of Krispy Kremes sold to go towards the traffic light. Avery: Mr. Mayor and Council, one other concern. Currently, there is not even a streetlight that lights that corner. That group has not provided a light on the corner and Meridian City Council Meeting December 17, 2002 Page 40 of 53 it's very -- at night, especially, it's very difficult to see the turn and with the buildings going up, the car wash, and the carpet company on the other side, it really shrunk that where you could see what you are doing. That's another concern. Corrie: Okay. Good. Thank you. We will add that to our comments. Any other testimony? De Weerd: Who is in charge of streetlights? Corrie: Okay. Any other comments for the Public Hearing, Council? Bird: I have none. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Can't we ask Mr. Brokaw to comment? I hate to put you on the spot, but-- okay. Great. We will put you on the spot but if you could, please, comment about the traffic light on Hickory and where it might -- where we might be able to influence or bump that project up on a priority list, if there are special conditions that can be placed from ACHD on the development of this large project. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Brokaw: Yes, it is. Corrie: Name and address, please. Brokaw: For the record, my name is Michael Brokaw, I'm the Manager of Administrative Services for Ada County Highway District, 318 East 3ih. You will have to forgive my voice, I've got a cold, and I keep losing it periodically. Mr. Mayor, Mrs. de Weerd, currently this particular signal is in the five-year work program and it is scheduled for construction in 2007. It does not show any participation from any developer in the cost of that. Certainly, the Highway District would be glad to accept any participation from any developer that would wish to do that. I don't believe that it is in the Capital Improvement Plan, which means that it mayor may not be impact fee eligible under the new CIP based program. Under the old program that is still in effect up through January 1st of 2003, it is shown as impact fee eligible. Anytime that anyone would like to move up a project within the five-year work program, the Highway District is always willing to listen to that. I do believe that the Highway District is going through an update of that five-year work program right now. It is a very opportune moment to offer some more input into that. I believe that it's scheduled to go before the Highway District Commissioners on January 281h, I believe, for approval and adoption. I would definitely want to encourage you to submit anything to the Highway District that shows that you wish to move that up. I don't have the current proposed revisions to that plan, but I Meridian City Council Meeting December 17, 2002 Page 41 of 53 definitely will check back when I get back to the office tomorrow and if you would like, I could e-mail something to the Clerk -- to Will in the morning to let you know where it's at on the current proposed plan. Corrie: Thank you. De Weerd: Could you tell me what the cost would be for a traffic light at that intersection? Brokaw: Currently it's estimated at 175,000. That's for a full signalization, just like -- I believe there is a similar signal on the other side of Eagle Road at the entrance going into -- I believe it's -- De Weerd: Isn't it typical -- or I have seen requests from ACHD for participation in a signalized intersection. Why would they not ask for participation for this particular type of development because it happened so long ago? Brokaw: Mr. Mayor, I'm not certain if there have been any funds placed on deposit in the Highway District Road Trust Fund. Typically, I see that on these types of developments in these types of signals, there is some requirement that the developer place on deposit a quarter of the cost to signal or something like that. It's typically based on the number of trips that are coming into the intersection. For example, the developer would not be required to pay for the portion across Fairview Avenue, but they may be required to pay for the portion of trips that are on Hickory Way. I have seen that in situations where, you know, the total cost of the intersection would be 150 to 175,000 and I will see a road trust fund deposit pass my desk for 12,500 or 25,000. Typically it's a pro-rated portion of the cost and I'm not sure that this particular develop has been asked to put anything into the road trust fund waiting for that 2007 date. I would have to go back and take a look whether it went through the Highway District, unless staff has a report or -- De Weerd: But Crossroads, they were asked to put in that signalization on Pine, weren't they, Gary, on the cost of that light? Brokaw: Mr. Mayor, the signal at Pine I'm not entirely certain, but I know that the Highway District contributed a significant portion of the cost of that signal. I don't know for sure if it was 100 percent of it or not. De Weerd: Okay. Thank you. Corrie: Thank you. Any other questions? De Weerd: Only if the applicant would be willing to help towards the light. Bird: You got your answer. De Weerd: I never mind asking the question. Meridian City Council Meeting December 17, 2002 Page 42 of 53 Corrie: Good way to not get people to come back up. If there are no further questions, I will entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Motion made and seconded to close the Public Hearing. Any other discussion? Hearing none, all in favor say aye. All ayes. MOTION CARRI ED: ALL AYES Corrie: Okay. Discussion on the request? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I, again, would have some concerns that have been talked about and with the development in that area, the light at Hickory, and having both the Mayor and I trying to get out of there earlier today. I know how long I sat there and it wasn't even the busy part of the day. I would share Mr. Avery's concern about how to get his trucks in and out of that area when you're adding a number of businesses that will generate a number of trips that make that an extremely hazardous area, more so than it already is. I do believe both our Fire Department and our Police Department spend a considerable amount of time in that location as it is, but I don't know what the answer to it is, other than to hopefully -- do we have our joint meeting with the Ada County Commissioners next month? Corrie: I don't know what day it is, but -- De Weerd: Is that -- Corrie: Is that Wednesday? De Weerd: Would you mind speaking into the microphone. Berg: For the record, Mr. Mayor, it's a quarterly meeting and it's usually the first Monday of the month. I think it's January scheduled, so I will check and see and get that notice out to you. De Weerd: Could we add this to the items for discussion? Berg: We will add it to this list. De Weerd: But I would continue to say this isn't going to be the whole problem. It's kind of an accumulation of what exists there now and what we are adding to it. It is unfair to say it should bear the full price on the light, but I would like them to participate in a portion of the cost. I don't know if that's a condition, we can have. Meridian City Council Meeting December 17, 2002 Page 43 of 53 Corrie: Any other comments? Okay hearing none, I will entertain a motion, then, on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve PP 02-024, the request for Preliminary Plat approval of 26 building lots on 17.83 acres in an l-L zone for Treasure Valley No.3 Subdivision by Clark Development, southwest corner of North Eagle Road. To incorporate all staff comments and conditions and for the attorney to draw up Findings of Facts and Conclusion of Law and Decision and Order. Nary: Second. Corrie: Motion has been made and seconded to approve the request for Preliminary Plat, including all staff comments and conditions and for the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRI ED: ALL AYES Nary: And I would just note, Mr. Mayor, for the record, that we will -- so the folks here will know, we will address that with the Highway District. This just isn't the place to do it, but we will address that with them and, hopefully, we will find ways that we can move that along, because it does raise a legitimate concern that we need to look at especially if the Mayor and Councilwoman de Weerd try to get out of there anymore. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to add one thing. You know, we are blaming the entire commercial on the south side of the deal and I see a lot more -- almost wrecks happen coming out of the subdivision there on residential. There is a lot more traffic coming out of the north and stuff, but I agree with Mr. Nary, we have got to figure out some way to get a traffic signal there. It's funny, they get a traffic signal across the road just so you can get into a soccer field, but -- and they can have two of them within a quarter of a mile. Item 17. Water, Sewer and Trash Delinquencies: Corrie: Okay. We have the water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, you the right to a predetermined hearing at 7:30 P.M., Tuesday, December 17, 2002, before the Mayor and City Council, to appear in person Meridian City Council Meeting December 17,2002 Page 44 of 53 and be adjudged on the facts and defend a claim made by this -- the city that your water, sewer, and trash bill are delinquent. You may retain counsel. Your service will be discontinued on December 18, 2002, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? You are hereby informed that you may appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though you appeal, your water will be shut off. Total amount is 31,853.31 dollars. Council, I'm willing to entertain a motion to approve the turn off. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd love to, but I got a question to ask Gary. Anybody that's on this list is on the turn off right? Smith: Yes sir. That's my understanding. Bird: Okay. I wanted to know. Got it on record. With that, I will make a motion that we approve this turn off list and that if they are not paid, service will be discontinued December 18, 2002, and the amount is 31,853.31 dollars. Nary: Second. Corrie: Motion has been made and seconded any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRI ED: ALL AYES Corrie: At this time I will call for a recess. (Recess) (Return at 9:38 P.M.) Item 8. Ordinance No. International Buildinq Code: Adopting the 2000 Item 9. Ordinance No. Adopting International Mechanical Code and Fuel Gas Code: the 2000 Corrie: Okay. I'm going to bring us out of recess back into the meeting and let's hear what Mr. Nichols has to say and, then, we will go to Item Numbers 8 and 9. Nichols: Mr. Mayor, Members of the Council, while Councilman Nary was away and we first took up these items, we looked at Idaho Code 39-4116, which said local governmental bodies who issue Building Permits and enforce Building Codes are required to adopt certain International Codes. That's reflected in Ordinance Number 8 -- Agenda Item Number 8. Councilman Bird asked the question what happens if we don't. Meridian Cily Council Meeting December 17,2002 Page 45 of 53 The clerk and I have been looking at State Statutes to see if the legislature anticipated that there would be a local jurisdiction that would not follow its direction. I can tell you there is nothing specific that says something like a local jurisdiction that fails to adopt these codes loses their ability to collect Building Permit fees or issue Building Permits. There is a standard violations clause in the title chapter that says any person who willfully violates a provision of this chapter and provisions of the code enumerated in this chapter, shall be a misdemeanor and whether or not that applied to a city who does not adopt the code, I'm not sure and that's where we are. The option that you have -- there are several options, obviously. Just not, vote on the ordinance tonight. You could schedule a special meeting before the end of the year, so that you have time to review the applicable International Codes. You could adopt the ordinance and it's not effect until January 1, 2003, the way it's worded, and, then, you could come back and you could make amendments, so long, at least, as I read the Statute, as long as the amendments are equal to or more restrictive than the provisions that you're amending. In other words, if it says you have got to have two-by-four walls and you decide you want two-by-six -- I'm not saying that that's what you're going to do, but you could be more restrictive in your codes. You could raise the bar you just can't lower the bar. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand it, Gary, the one thing that they -- that people had the problem with was the building conservation part of the code. Isn't that what you said? Did I understand that? The energy part. Smith: The energy -- Bird: Conservation part of it. Smith: I haven't head that specifically from anybody. The only thing that I heard concerning the energy code was the request by our building official to exempt that requirement from agricultural buildings. Bird: Oh, that was it. Yes. Okay. Smith: Mr. Mayor and Council Members, if I could, Bill, did Nampa -- you said Nampa adopted this. Did they -- do you know, Bill, if they had any concerns or amendments to the International Code? Nichols: Mr. Mayor and Members of the Council, they did do several amendments and I don't -- when I say several, I don't mean page after page after page of amendments, but they did some amendments. The building official, Dennis Davis, indicated that -- at least in e-mail that I saw, that he has been coordinating with Boise City and Canyon County, so that they were trying to get as uniform a set of codes as possible. Some of the stuff that's in their code I think is real specific to Nampa and I can't remember which one it is. The Electrical and Mechanical Code talked about having a license, but before you could apply -- and this one I wasn't -- again, I just read it. I wasn't really working on that part of it, but in order to apply for a license you have to either already have a Meridian City Council Meeting December 17,2002 Page 46 of 53 Nampa License or a Boise City License or, you know, those kinds of things on some of the items. The ones that -- I think they did the electrical, if I recall correctly. They also did the Fire Code at the same time. They may have done plumbing but a number of items. I can easily get a copy of the ordinance over to everybody that Nampa did and I can electronically e-mail it to everybody so that you have it. Mr. Mayor, Members of the Council, to my knowledge, groups like BCA were involved in this legislative process and so if there were major concerns over the items in the codes, I don't think it would have got out of the legislature. Again, you could adopt it, it's not effective until January 151, Should you find out that there are major concerns about items in the code, you can take those up in January and amend it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I noticed in the one that's in our packet that there isn't a summary. Is that -- is it required to print the whole -- Nichols: Mr. Nary, I did prepare a summary and I don't know why it's not in your-- Nary: Yes because, usually, I guess, in the title it normally says -- or something. It just didn't have the attached but if there is one that's complete, that's fine. I just didn't want to -- oh, it's at the end. It just wasn't here I see it. Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Councilman Nary, do you know if -- did Boise amend theirs to meet theirs or did they take it right off the books like we are? Nary: Mr. Mayor, Councilman Bird, I don't recall. I know that it's on the agenda tonight for the Boise City Council to approve it. I can't recall if they had any specific amendments. I know my understanding of it is probably what yours is, there are always concerns that can be expressed about compliance with it, but I don't believe there were any significant changes. I think it would pass in total, the same as what this does. Bird: Well, Mr. Mayor, I mean I certainly don't want another meeting between now and the first of the year. I would go ahead and have you guys pass this, with the aspect is I would like to get a copy of it completely, of the codes, including the Fire Code, and I'd like to see Nampa's, if, Bill, you can get that for us. Gary can take care of the deals and, then, we can all look it over. I would suggest you guys look it over, as well as the five of us. Things can be snuck in. I can take you to some of the codes that pertain to my trade and show you some stuff that's not real practical. Anyway, I would have no problem. We have got to get it -- I mean I don't want to see the Mayor have to go to jail. Corrie: Thank you. I certainly appreciate that. De Weerd: Especially during Christmas. Meridian City Council Meeling December 17,2002 Page 47 of 53 Bird: During Christmas. He will be in Colorado. The Council President can go. Corrie: I was saying if I don't sign -- you could always pass it without my signature. Bird: That would be my choice right now, is go ahead and let's pass it and have the people get us the codes, so we can look at it and I'd like to just look it over and Bill can get Nampa's, if he would. Corrie: Okay. Then, we need to read the ordinance by title at this point and, then, you make sure what your motion is. Mr. Clerk, if you will read Ordinance Number 02-993, which is the adoption of the 2000 International Building Code, please. Berg: Thank you, Mayor, Members of the Council. Ordinance Number 02-993 an Ordinance of the City of Meridian, Idaho, repealing Chapter 1, Title 10, Building Code of the Meridian City Code to incorporate the International Building Code; providing for severability, conflict, validity, savings clause, and an effective date. For some reason I have a mental block -- Corrie: Do you want Mr. Nary to read the next one? Berg: Okay. Corrie: Okay. Is there anyone from the audience that would like to have the Ordinance Number 02-993 read in its entirety? Hearing, I will entertain a motion. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of Ordinance Number 02-993, adopting the 2000 International Building Code, to reflect, though, in the title it's repealing and reenacting Chapter 1, Title 10. That also pursuant to Idaho Code waive the reading of the rules, as allowed, and that's it. De Weerd: Second. Corrie: Motion made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. MOTION CARRIED: ALL AYES Corrie: Okay Ordinance Number 02-994, is adopting the 2000 International Mechanical Code and Fuel Gas Code. At this time I would -- do you want to -- Mr. Nary, would you like to -- Meridian City Council Meeting December 17, 2002 Page 48 of 53 Nary: I would be more than happy to. Ordinance Number 02-994 an Ordinance of the City of Meridian, Idaho, repealing Chapter 5, Title 10, Mechanical Code of the Meridian City Code to incorporate the 2000 International Mechanical and Fuel Gas Code; providing for severability, conflict, validity, savings clause, and an effective date. Corrie: You have heard the reading of the Ordinance Number 02-994. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve Ordinance 02-994, the Mechanical Code -- amending the Mechanical Code, Chapter 5, Title 10, with suspension of rules, and the effective date of January 1 , 2003. Nary: Second. Corrie: Okay motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRI ED: ALL AYES Corrie: That being the end, I would wish everybody a Merry Christmas. I will be back the 29th and so while I'm not here, you better be. So -- oh, the turkeys did we get those coming, Mr. Clerk? Berg: Thursday. Corrie: Thursday? Berg: The Mike Cavin application, do you want to discuss how we were going to deal with th at? Corrie: Good point. I think we were talking about the rescheduling that for the ih, was it, or the -- how was that? Berg: Mr. Mayor, I can respond a little bit on it, but I know Brad Hawkins-Clark has talked to the applicant's rep. Obviously, we are not having a meeting on the 30th and that item was continued to the 30th, hoping that it would probably be withdrawn, I think was the intent of the discussion, and it hasn't. I'll give it to Brad, because he's had some communication with the applicant or representative. Meridian City Council Meeting December 17, 2002 Page 49 of 53 Hawkins-Clark: Yes. It was my understanding, Mr. Mayor that Mike Cavin is leaning towards withdrawal of that change of the impact area. Until the South Slough Trunk extension gets across Eagle Road, he kind of wants to hold onto the application and we should have received a request -- I believe the request was to March, was what Becky Bowcutt requested that be deferred to. The last meeting in March. Corrie: Mr. Nichols, do we have a motion, I think, since it was scheduled for the 301h. Nichols: Mr. Mayor, Members of the Council, the complication is that you have to renotice it by publication. I mean you announced in a meeting that it would be on the 30th, if necessary. You're not going to have a meeting on the 30th, so whatever date you pick, it needs to be re-noticed. We suggest that if it's going to have to be re-noticed and with that sort of understanding, it's going to be withdrawn, when it was extended, that it would be appropriate to ask the applicant to pay the additional cost, if necessary. If it's going to be in March, we can re-notice it -- or it needs to be re-noticed before the 30th, doesn't it, Will? It would have to be renoticed before the meeting in which it was continued to, I would think. Nary: If we canceled the meeting for the 30th and we re-noticed -- can't we just re-notice that one whenever we can have it? If we noticed up that we are canceling the meeting on the 30th, but no one is going to show up, and, then, we renotice it for whenever -- I guess I would have a concern asking Mr. Cavin to pay for it, since we are the ones that don't want to have the meeting. If we are going to put it off until March and in between now and March, they decide that they are going to withdraw it, then, we won't have to notice it at all. If it gets withdrawn we don't have to notice that so if it does get withdrawn eventually, otherwise, we would have to provide -- is it 14 days, 15 days notice? By mid March, we would have to have it renoticed? Berg: Yes. Nary: I mean I guess I have a little bit of concern making sure whatever public is really wanting to be here to testify, which zero showed up at the other hearing, but that's not the intent of the noticing, not for me to determine that zero may be showing up. Berg: The thing they are requesting -- the applicant was to place the application on hold. This is the October 22nd meeting so by putting it on hold, we put it on hold for two months to see something happen and they still don't know what they want to do. Nary: I think if we provide adequate notice that the meeting on the 30th is canceled, then, if anybody did want to testify and they have somehow been notice on this item, they would know there is no meeting. In the notice of cancellation of the meeting, we could indicate that all items on the agenda may be rescheduled at a date in the future. Then, we would -- and that's simply going to provide notice if we do reschedule it, then, there is not a problem and the affected party would know. If it gets withdrawn, it doesn't matter who shows up to testify, because it was withdrawn, and it wouldn't make any difference. Berg: And we wouldn't re-notice it. Meridian City Council Meeling December 17, 2002 Page 50 of 53 Nary: We wouldn't re-notice it. We wouldn't re-notice that. It's at the end does that seem fair, Mr. Nichols? Nichols: I agree. Berg: So I will make sure that a cancellation notice of the special meeting on the 301h addresses that item as being the only one on the agenda and it would be rescheduled. Nary: And it may be rescheduled at some point in the future. That way, at least, it leaves it open and if it resolves itself, great, and if it doesn't, we will provide notice. I would move that we cancel -- now we no longer have any items on the 30th and I move that we cancel the meeting on the 30th of December. Bird: I second that. Corrie: Okay motion has been made and seconded any further discussion? All those in favor say aye. Motion carried. MOTION CARRIED: ALL AYES Bird: I would move that we adjourn the meeting. Nary: Second. Corrie: Okay all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 10:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ! /f/C3 DATE ATTESTED:~~,,6-~ WILLIAM G. BERG, JR., CITY C~R ?'~ r!? ~ ~ Q/ ,. ~ '" ~ ~ '1'...... v(I.... .., 54' .;,J .:2 ~ V. 1 ~. > \ . ~<"o" ~..... ~ 00 "..",\'1{" ..,~ ... "" ~v " ""I -g},. "'rf ,,-' r,;(!;;!;.,~~~.~~ .~. "'- Jj).\\.,;"\t~ BEFORE THE MERIDIAN CITY COUNCIL C/C 10-08-02 IN THE MATTER OF THE ) APPLICATION OF FARWEST LLC ) AND DANIEL GIBSON, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 354.38 ACRES ) FOR PROPOSED LOCHSA FALLS ) SUBDIVISION, LOCATED SOUTH ) OF CHINDEN BLVD., WEST OF ) LINDER ROAD, NORTH OF ) McMILLAN ROAD AND EAST OF ) TEN MILE ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-02-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 24,2002 and continued until October 8,2002, at the hour of7:00 p.m., and Steve Siddoway of the PlalU1ing and Zoning Department, Mike Wardle, Wendell Bigham, Christie Richardson, and Becky Bowcutt, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and Meridian City Code 99 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 thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSAFALLS (AZ-02-010) and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 354.38 acres in size, is located south of Chin den Blvd., west of Linder Road, north of McMiIIan Road and east ofTen Mile Road, all within the Area ofImpact ofthe City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are Leroy E. Brandt, Elroy Brandt, Marty Goldsmith, Sunjay Ray M.D., Daniel Gibson, Jr., and Justin and Tamra Martin; and the applicants are Farwest, LLC and Daniel Gibson. 5. The property is presently zoned by Ada County as RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as R-4, with the intent to develop 856 single-family dwellings, 171 multiple-family dwellings, 11 office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station lot, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as primarily Single-Family Residential. 7. The subject property is bordered to the north by the Spurwing County Club and the Brandt Subdivision, to the south by the Bridgetower Subdivision, and to the east and west by rural residential land. 8. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 1 0) 9. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public ifthe following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and! or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part ofthis annexation request. A condition ofthe development Agreement shall be that the Applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of-way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING/LOCHSA FALLS (AZ-02-0 1 0) purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right~of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. lfthe sidewalk is proposed to meander outside of the right-of-way, the applicant shall provide an easement to the District. 3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). 4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north of the south property line (approximately the half-mile). 5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. 6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff 8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. 10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. 11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet ofright-of~way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. 12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). 13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHS A FALLS (AZ-02-0 1 0) OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. 15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east ofthe west property line which meets District policy and should be approved with this application. 16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. 17. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard. 18. Construct thirteen stub streets to the surrounding parcels. · The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMilIan Road. · The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. · The Applicant is proposing to construct Parachute HilI Avenue to the south property line approximately 600 feet east ofthe west property line. · The Applicant is proposing to construct North Chimney Peak A venue to the south property line approximately 1,650 feet east ofthe west property line. · The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north of the south property line. · The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west of the east property line. · The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. · The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chin den Boulevard. · The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. · The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chin den Boulevard. · The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. · The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. · The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north ofMcMilIan Road. 19. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design ofthe turnaround with District staff. 20. Any proposed landscape islands! medians within the public right-of-way dedicated by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 1 0) plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional width ofthe island. Coordinate the size and design of the roundabout with traffic services staff. 23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width ofthe median. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility ofthe Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010) Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57,20, 36, and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 11. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010) D. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The Developer shall receive 100% ofthe park impact fees collected from the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense) and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary of the park site or the developer may construct the utilities south ofthe subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. E. Adopt and comply with the action of the City Council from their October 8,2002 meeting as follows: 1. Adopt the Accommodations made by Farwest, LLC in an August 15) 2002 memo entitled "Tony Moss" as follows, including amendments made by the Planning and Zoning Commission: a. A park lot will be moved to the east of the Moss parcel. b. On Lots 11, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a 25) peak building height to retain the view (one of the three lots mentioned above will be an open lot). c. Applicant will provide large lots on the north and south of the Moss parcel, as indicated on the Preliminary Plat. d. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to retain Mr. Moss's plum trees on the west, if possible. e. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls property prior to the issuance of occupancy permits in the affected phase. f. Applicant agreed to construct a water feature at the McMillan Road entryway. g. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across this lot if Mr. Moss relinquishes his current access easement. h. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with the Lochsa Falls Subdivision. The City is not aware of whether the accommodations, as amended by the Commission and approved by the Developer, have been approved by the Mosses. Ifthe Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. If Mr. and Mrs. Moss do not agree to such accommodations as listed, the Developer will not be bound to such terms. The Developer and the Mosses have FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ~02~0 1 0) negotiated a relinquishment of the Mosses' easement from McMillan Road to their parcel of property. If the Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The Developer shall present Mr. and Mrs. Moss with a writing setting forth the Developer's agreement to such accommodations and relinquish ofthe Moss' easement. ill the event the Mosses do not execute the appropriate writing within a sixty (60) day period, such refusal shall be the determination that Mr. and Mrs. Moss do not agree to the referenced accommodations and relinquishment. 2. As a condition of almexation, and as a condition ofthe Development Agreement, applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 10. 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.9, 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. 11. It is also found that the development considerations as referenced in Finding No.9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious 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 of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the zoning of the subject real property as Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010) the subject property as Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies ofthe Comprehensive Plan ofthe City as follows: Goals Section Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development 1.1,1.3,1.5, 3.1U, and 3.2U Land Use 1. IOU, 2.1U, 2AU, 3.7, 4.3U, 5.9, 5.12, 5.13, and 5.14 Natural Resource & Hazardous Areas 2.1U, 3.1U, and 3.2U Community Design 1.3, 1.4, 2.1 D, 2.3U, 6.2U and 6.11 U Transportation Chapter 1.19U, and 1.18 14. The requested zoning designation ofR-4 is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be primarily "Single-Family Residential", with a park. The draft Comprehensive Plan Future Land Use Map designates this area as both Low Density (3 d.u.lacre and below) and Medium Density Residential (3-8 d.u./acre). Although, the Schedule of Use Control states that only detached single-family dwellings are permitted within the R- zone, the Planned Development Ordinance allows a mixture of different housing types, (townhouses, duplexes and detached single-family dwellings) within a single planned development, regardless of the underlying zone, so long as the overall density of the underlying zone is not exceeded. Accordingly, the overall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNGILOCHSA FALLS (AZ-02-010) density of the residential portion of the planned development is approximately 3.4 dwelling units per acre (gross). Furthermore, the Planned Development Ordinance allows for up to 20% of the land within a planned development to be used in a manner that the underlying zone would typically prohibit. Therefore, the proposed office and commercial uses comply with the Comprehensive Plan's land use designations. 15. It is not anticipated that the land to be annexed will be rezoned in the future. 16. It is found that the property will be developed in a manner consistent with the new zoning and/or consistent with allowable Planned Development uses (e.g. 20% excepted uses). 17. It is found that the recent annexation and zoning ofthe Bridgetower Subdivision to the west and south of proposed Lochsa Falls is a significant change in the area, and that Bridgetower is a Planned Development similar to the proposed Lochsa Falls Subdivision. The four (4) arterial streets abutting this mile section are not planned for improvements in Ada County Highway District's Five Year Work Program. However, the UsticklTen Mile intersection is slated for a new signal within the next 3-4 years. 18. It is found that the proposed uses (primarily residential) match the intended character ofthe vicinity, as noted on the Generalized Land Use Map. It is also found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character ofthe surrounding area with the possible exception being the creation of a number of small county enclaves that will be surrounded by the new uses. However, the majority of the enclaves are rural-residential and are surrounded by residential uses. The existing character of the area will change, especially upon build-out of the proposed project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 1 0) 19. It is not anticipated that the proposed uses will be hazardous to future or existing neighbors. A potential disturbance may be with the existing agricultural uses, which could be adequately addressed through the Right-to-Farm clause in Idaho State Code. 20. It is anticipated that because of the phasing pattern proposed by the applicant, significant amounts of off-site sewer and water main extensions will be necessary. The Sewer Master Plan proposes the North Slough Trunk traversing through this proposed development. By starting the phasing on the opposite side ofthe section from where the North Slough Sewer Trunk begins traversing east (i.e. Ten Mile Road), the routing locks proposed roadway alignments into place. If the phasing plan is approved, the applicant will be required to construct water mains and the trunk line through the projects roadway system within the normal utility conidors. No service lines will be allowed in the off-site segments. The applicant will also be required to construct an all weather 14-foot wide paved access road over the off-site segments within this project. 21. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Although a detailed analysis was not done specifically on Lochsa Falls, it is generally found that tax revenues generated by urban residential development do not pay for the long-term provision of these urban services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 22. It is found that that proposed residential, office and commercial uses themselves will not be detrimental. However, it is found that the proposed uses will create additional traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 1 0) on Linder, Ten Mile, and McMillan Roads and Chinden Blvd. The Traffic hnpact Study provided by the Applicant states that the development is estimated to generate 12,480 additional vehicle trips per day (20 existing). It is also noted that the mixed use nature of the proposed development will encourage a higher degree of trip capture within the square mile (estimated at 10% of total trips). In this regard, the "excessive production" of traffic is lessened versus a project without accessible neighborhood services. It is not anticipated that the proposed uses will create excessive noise, smoke, fumes, glare or odors. 23. The ACHD Commission has reviewed and approved the vehicular approaches to Lochsa Falls Subdivision off of Ten Mile, Linder and McMillan Roads. The Idaho Transportation Department (ITD) has also reviewed and approved the subdivision and has limited access to State Highway 20 & 26 (Chinden) to the half-mile collector street (N. Lochsa Way). ITD required the elimination of the proposed access road to Chinden that is east of the half-mile collector (N. Dry Bar). This will help to reduce future interference with traffic turning off of the existing highway into the proposed subdivision. The applicant's traffic study finds that, at build-out, all four (4) arterial road intersections at the comers of Section 26 will be at a LOS F. The existing, no-build McMillan/Linder Road and Chin den/Linder Road intersections are found to need improvement with widening of all four approaches. The Chinden/Ten Mile intersection needs to be improved with widening of the northbound approach. It is found that a Collector roadway cOlU1ecting the subdivision to Ten Mile Road is warranted by the scale of this development and the lack of access to the proposed city park from within the subdivision. It is also found that the applicant has proposed adequate connections to adjacent, undeveloped properties; thirteen (13) stub-streets for interconnectivity are proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010) 24. It is found that the annexation of this property would be in the best interest of the City by providing a variety of housing types, the addition of employment opportunities and the creation of additional recreation facilities (pathways and parks). CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for atll1exation and the real property being contiguous or adj acent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions ofthe City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development 1.1,1.3, 1.5, 3.1U, and 3.2U Land Use 1. IOU, 2.1U, 2AU, 3.7, 4.3U, 5.9, 5.12, 5.13, and 5.14 Natural Resource & Hazardous Areas FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010) 2.1U, 3.1U, and 3.2U Community Design 1.3, 1.4, 2.1 U, 2.3U, 6.2U and 6.11 U Transportation Chapter 1. 19U, and 1.18 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at g 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose ofthe R-4 District is to permit the establishment ofIow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum offoUT (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to 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 ofthe City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010) OF FACT AND CONCLUSIONS OFLA W, the City Council does hereby Order and this does Order: 1. The applicant's request for mmexation and zoning of approximately 354.38 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of354.38 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions ofthe 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 met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and! or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non- domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part of this annexation request. A condition of the development Agreement shall be that the Applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010) B. Adopt the following Recommendations of the ACHD as maybe modified by ACHD from time to time Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of-way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. lfthe sidewalk is proposed to meander outside ofthe right-of-way, the applicant shall provide an easement to the District. 3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). 4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north ofthe south property line (approximately the half-mile). 5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. 6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-01O) directions. Coordinate the design of the turn lane with District staff 8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. 10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. 11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. 12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). 13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. 15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east of the west property line which meets District policy and should be approved with this application. 16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. 17. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chin den Boulevard. 18. Construct thirteen stub streets to the surrounding parcels. · The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. · The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. · The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. · The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. · The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north of the south property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-010) . The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west ofthe east property line. · The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. · The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chin den Boulevard. · The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. . The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chin den Boulevard. . The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. · The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. · The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. 19. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Any proposed landscape islands! medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional width of the island. Coordinate the size and design of the roundabout with traffic services staff. 23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDJN"GS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTJN"G APPLICA nON FOR ANNEXATION AND ZONJN"GILOCHSA FALLS (AZ-02-0 1 0) 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 8. It is the responsibility ofthe Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the Applicant in the plmmed use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory mld legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the plalU1ed use of the subject property unless a waiver! variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG/LOCHSA FALLS (AZ-02-010) 3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 4. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57, 20, 36, and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 11. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. D. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent toTen Mile Road. The Developer shall receive 100% of the park impact fees collected from the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary of the park site or the developer may construct the utilities south of the subject property within the future street alignment of the Bews parcel. lfthe developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. E. Adopt and comply with the action of the City Council from their October 8, 2002 meeting as follows: 1. Adopt the Accommodations made by Farwest, LLC in an August 15, 2002 memo entitled "Tony Moss" as follows, including amendments made by the Planning and Zoning Commission: FIt'IDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSAFALLS (AZ-02-010) a. A park lot will be moved to the east ofthe Moss parcel. b. On Lots 11, 12, and 13 of Block 6 east ofthe Moss parcel, Applicant agreed to a 25' peak building height to retain the view (one of the three lots mentioned above will be an open lot). c. Applicant will provide large lots on the north and south of the Moss parcel, as indicated on the Preliminary Plat. d. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to retain Mr. Moss's plum trees on the west, ifpossible. e. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls property prior to the issuance of occupancy permits in the affected phase. f. Applicant agreed to construct a water feature at the McMillan Road entryway. g. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across this lot if Mr. Moss relinquishes his current access easement. h. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with the Lochsa Falls Subdivision. The City is not aware of whether the accommodations, as amended by the Commission and approved by the Developer, have been approved by the Mosses. If the Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. If Mr. and Mrs. Moss do not agree to such accommodations as listed, the Developer will not be bound to such terms. The Developer an the Mosses have negotiated a relinquishment of the Mosses' easement from McMillan Road to their parcel of property. If the Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The Developer shall present Mr. and Mrs. Moss with a writing setting forth the Developer's agreement to such accommodations and relinquish ofthe Moss' easement. In the event the Mosses do not execute the appropriate writing within a sixty (60) day period, such refusal shall be the determination that Mr. and Mrs. Moss do not agree to the referenced accommodations and relinquishment. 2. As a condition of annexation, and as a condition of the Development Agreement, applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 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 subj ect of the app lication to (R -4) Low Density Residential District, and Meridian City Code ~ 11-7- 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG/LOCHSA FALLS (AZ-02-010) 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the allllexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 11-1].. day of fJ.tChWL-~ ,2002. ROLLCALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED ~r tL. COUNCILWOMAN CHERIE Mc CANDLESS VOTED "r~ COUNCILMAN WILLIAM L.M. NARY VOTED flhSfJ1i MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 11.-\1-0'2... VOTED .----. MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA F ALLS (AZ~02-0 10) APPROVED:~SAPPROVED: -" Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. \\\\\\\\flll~E'~/'rrlfl ",,~-{ 0 IYID/ III", " ,.'\....... '-'" " :::' v- ~OfVj -11,; ~ /2 - 27--tJ 2- f ~r:P r~o \ ::: ~EAL = "' J'~ & 2 ~ Q 0 ' ~ "70 U8r lS"li." .-P f ,..,.. ';<j ;?:- - .... Z:\Work\M\Meridian\Meridian 15360M\Lochsa Falls Sub AZ02-01O PP02-009 CUP02-012\AZFfC]&Ord'~l/~~~OU~'T'i , ,~\,\,,$' By:dI~~~r; Dated City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG/LOCHSA FALLS (AZ-02-010) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/08/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR LOCHSA FALL ) SUBDIVISION, LOCATED SOUTH ) OF CHINDEN BLVD., WEST OF ) LINDER, NORTH OF McMILLAN ) AND EAST OF TEN MILE ROAD, ) MERIDIAN, IDAHO ) ) BY: FARWEST, LLC AND DANIEL ) GIBSON, ) ) APPLICANT ) ) Case No. PP-02-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 24,2002, and continued until October 8,2002, and Steve Siddoway of the Plalll1ing and Zoning Department, and Mike Wardle, Wendell Bigham, Christie Richardson, and Becky Bowcutt, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark and David McKilll10n of the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "LOCHSA FALLS SUBDNISION PRELIMINARY PLAT LOCATED IN SECTION 26, TAN., R.1W., B.M. ADA COUNTY, IDAHO, DWG DATE: 03/08/02 DWG NO. 11001 SHEET: 1 OF 4 PRE \11001-PRE.DWG FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDNISION / (PP-02-009) 1 BKB, REVISIONS: 06/19/02 BKB 07/01/02 BKB 07/23/02 BKB 07/30/02 BKB 08/01/02 BKB, BRIGGS ENGINEERING, INC., DEVELOPER: FARWEST, LLC, PLANNER: BECKY BOWCUT", and Farwest LLC submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason ofthe fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Plamring Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R-4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 2 for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "LOCHSA FALLS SUBDIVISION PRELIMINARY PLAT LOCATED IN SECTION 26, TAN., R.l W., B.M. ADA COUNTY, IDAHO, DWG DATE: 03/08/02 DWG NO. 11001 SHEET: 1 OF 4 PRE \11001-PRE.DWG BKE, REVISIONS: 06/19/02 BKB 07/01/02 BKB 07/23/02 BKB 07/30102 BKB 08/01102 BKB, BRIGGS ENGINEERING, INC., DEVELOPER: FARWEST, LLC, PLANNER: BECKY BOWCUT". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "LOCHSA FALLS SUBDIVISION PRELIMINARY PLAT LOCATED IN SECTION 26, TAN., R.1W., B.M. ADA COUNTY, IDAHO, DWG DATE: 03/08/02 DWG NO. 11001 SHEET: 1 OF 4 PRE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 3 \11001-PRE.DWG BKB, REVISIONS: 06/19/02 BKB 07/01/02 BKB 07/23/02 BKB 07/30/02 BKB 08/01/02 BKB, BRIGGS ENGINEERING, INC., DEVELOPER: FARWEST, LLC, PLANNER: BECKY BOWCUT", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments 1. The Public Works Department is gathering sewer and water information from the field a well as analyzing this project with computer models that were developed for our facility plans. It is anticipated that because of the phasing pattern proposed by the Applicant, that significant amounts of off-site sewer and water main extensions will be necessary. The Sewer Master Plan proposes the North Slough Trunk traversing through this proposed development. By starting the phasing on the opposite side of the section from where the North Slough Sewer Trunk begins traversing east (i.e. Ten Mile Road), the routing locks proposed roadway aligmnents into place. If the phasing plan is approved, the applicant will be required to construct water mains and the trunk line through the projects roadway system within the normal utility corridors. No service lines will be allowed in the off-site segments. Applicant shall also be required to construct a permanent all-weather 14 foot-wide access road over any undeveloped segments within this project, until such time as the public street is improved within the proposed park parcel, the road shall be paved. At ultimate build-out, the sewer and water mains shall be located within the improved public right-of-way. 2. In accordance with Ordinance 12-13-10-8, Applicant shall construct detached sidewalks adjacent to Ten Mile Road, McMillan Road, and Linder Road. The minimum width of the parkway area between the curb and sidewalk is five (5) feet. Tree plantings within the parkways will be restricted to either Class I or Class II trees, as approved by the P&Z Department, through the detailed Final Plat review process. 3. The Applicant shall install the proposed ten foot (10') wide pathway along the south side ofW. Cayuse Creek Drive (see pg. 2 of CUP application). 4. Fencing details shall be submitted with the Final Plat application. The applicant, as part of the Planned Unit Development, shall either install4-foot sight obscuring fencing or 5-foot non-sight obscuring fencing along the pathways and the park. 5. A detailed landscaping plan shall be submitted with the final plat application. The landscaping plan shall include the details for the proposed 30' wide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 4 pedestrian! emergency vehicle access on Linder Road. 6. Performance specifications for the common area pressurized irrigation system shall be submitted with the Final Plat application. 7. Flexibility shall be allowed in the single-family residential phase areas, due to changing market and engineering factors, the applicant may need to reduce or increase the number of lots or may need to modify the phasing sequence. Staff shall review the minor phase changes and approve them. Council will also additionally review the changes when the final plats are submitted. The applicant shall identify any deviations from the original phase plan on the final plat application and thus bring said changes to the staffs attention. 8. The sidewalk to be required as part of the aforementioned path system will be five feet (5') in width. The applicant shall install a ten (10) foot asphalt pathway along the south side ofthe east-west collector roadway (W. Cayuse Creek Dr.) to the rotary (Horse Circle). A five (5) foot detached concrete sidewalk will be installed along the south side of the rotary and into N. Tignes Ave. continuing west along W. Ladle Rapids Street to the east boundary of the community park. The applicant shall install (pedestrian :tiiendly)brick or concrete pavers at intersections crossing the 10 foot pathway. The applicant shall install directional signs along the pathway (10 and 5 foot pathway sections) identifying the community park location. General Comments 1. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 4. One-hundred watt, high pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and! or fire hydrants. 5. Underground pressurized irrigation must be provided to all landscaped areas on site. Due to the landscape area, primary water supply connection to the city's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or an irrigation district. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works department as part of the development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 5 plan review process, and a draft copy ofthe pressurized irrigation system O&M manual must be submitted prior to plan approval. 6. Six-foot high, solid perimeter fencing shall be required adjacent to all existing agricultural land, unless otherwise agreed upon in writing by the Plmming Director. No fencing will be permitted within the required landscape buffers. The Applicant shall address the type of fencing planned at the P&Z Commission public hearing. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. A letter of credit or cash will be required for these fences prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berming! swale details, and all proposed ground cover! treatment. A letter of credit or cash surety in the account of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. prior to signature on the Final Plat. 8. All irrigation ditches, laterals, or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 9. Any existing domestic wells and! or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Slopes within drainage lots are not to exceed a slope ratio of 3: 1. B. Adopt the following Recommendations of ACHD as may be modified by ACHD from time to time: Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of -way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 6 existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. Theright- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of-way. If the sidewalk is proposed to meander outside ofthe right- of-way, the applicant shall provide an easement to the District. 3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). 4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north ofthe south property line (approximately the half-mile). 89 5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. 6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff 8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design ofthe taper with District staff. 10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 7 11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. 12. Construct North DIY Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). 13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. 15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east of the west property line which meets District policy and should be approved with this application. 16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. 17. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chin den Boulevard. 18. Construct thirteen stub streets to the surrounding parcels. · The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. · The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. · The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. · The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. · The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north ofthe south property line. · The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west of the east property line. · The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMlNARY PLAT LOCHSA FALLS SUBDNISION (PP-02-009) 8 . The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chinden Boulevard. . The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. . The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chin den Boulevard. . The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. . The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. . The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. 19. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Any proposed landscape islands! medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet ofright-of- way plus the additional width ofthe island. Coordinate the size and design of the roundabout with traffic services staff. 23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width ofthe median. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 9 site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility ofthe Applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Accommodations made by FalWest, LLC in an August 15, 2002 memo entitled "Tony Moss" as follows, including amendments made by the Planning and Zoning Commission: 1. a. A park lot will be moved to the east of the Moss parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 10 b. On Lots 11, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a 25' peak building height to retain the view (one of the three lots mentioned above will be an open lot). c. Applicant will provide large lots on the north and south of the Moss parcel, as indicated on the Preliminary Plat. d. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to retain Mr. Moss's plum trees on the west, if possible. e. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls property prior to the issuance of occupancy permits in the affected phase. f. Applicant agreed to construct a water feature at the McMillan Road entryway. g. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across this lot if Mr. Moss relinquishes his current access easement. h. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with the Lochsa Falls Subdivision. 2. The City is not aware of whether the accommodations, as amended by the Commission and approved by the Developer, have been approved by the Mosses. If the Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. TfMr. and Mrs. Moss do not agree to such accommodations as listed, the Developer will not be bound to such terms. 3. The Developer and the Mosses have negotiated a relinquishment of the Mosses' easement from Ustick Road to their parcel of property. Tfthe Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The City is not aware of whether the accommodations, as amended by the Commission and approved by the Developer, have been approved by the Mosses. Tf the Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. TfMr. and Mrs. Moss do not agree to such accommodations as listed, the Developer will not be bound to such terms. The Developer and the Mosses have negotiated a relinquishment ofthe Mosses' easement from McMillan Road to their parcel of property. If the Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The Developer shall present Mr. and Mrs. Moss with a writing setting forth the Developer's agreement to such accommodations and relinquish of the Moss' easement. In the event the Mosses do not execute the appropriate writing within a sixty (60) day period, such refusal shall be the determination that Mr. and Mrs. Moss do not agree to the referenced accommodations and relinquishment. D. Adopt the Meridian Fire Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT LOCHSA FALLS SUBDNISION (PP-02-009) 11 1. One and two family dwellings will require a fire-flow of 1,000 gallons perminute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards- 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57, 20, 36 and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 11. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. 12. The proposed 876-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 2,540 residents at build out. The proposed multi-family lot has an estimated 171 units with a total estimated population of 495 residents at build out. The 11 office lots and 1 commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 13. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 12 Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 14. The proposed site location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite location. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The Developer shall receive 100% ofthe park impact fees collected from the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate 5 acres to the City for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary ofthe park site or the developer may construct the utilities south of the subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. G. Adopt the Recommendations ofIdaho Power as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELrMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) 13 1. Idaho Power Company is unable to serve this application without significant system upgrades. The Applicant should contact the local Idaho Power Company Operations Center for details. The contact for this area is the Meridian Team, at 388-2021. H. Adopt the Recommendations afthe Meridian Water Department as follows: 1. Meridian Water recommends that this subdivision be supplied by two water mains. The main on Ten Mile Road needs to be extended down McMillan Road to the subdivision's east boundary. The main on Linder Road needs to be extended to the subdivision's north boundary. The Public Water Department can recommend water main sizes. Additionally, the timing of the extension of the second water main shall be determined by the Public Works Department. By action of the City Council at its regular meeting held on the l1 +h-- day of ~i:.,vvv\.\r<;v , 2002. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED t~Ct- COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED &Lb ~m-L MAYORROBERTD.CO~ VOTED .-- ~~~:~(w<l #~ ,,,,,,, " """" Copy served upon Applicant, The Planning and Zoning Department, Public Work,~,\~ Of Mi::.R!l/,111 Department and City Attorney. .::-.......,'(f f"P('\J:). ~;~~ ~ cP -, "'l ~ ... 2 ~ 0 ~ - - - - - ~ Dated: 12 -27-0t.- ByA~~.~ 9.- City Clerk SEAl..! FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCHSA FALLS SUBDIVISION (PP-02-009) :: l"eo % 17() ...~ ;..y ~~'h CO, !""i li/it.~ -:, '_.~ Z:\Work\M\Mcridian\Meridian 15360M\Lochsa Falls Sub AZ02-010 PP02-009 CUP02-012\FfCls0rdPP.doc 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR LOCHSA FALLS SUBDIVISION IN AN R-4 ZONE, LOCATED SOUTH OF CHINDEN BLVD., WEST OF LINDER, NORTH OF McMILLAN AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO FARWEST, LLC AND DANIEL GIBSON, APPLICANT C/C 10/08/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 24,2002, and continued until October 8,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Steve Sidddoway of the Planning and Zoning Department, Mike Wardle, Wendell Bigham, Christie Richardson, and Becky Bowcutt, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 24) 2002 and continued until October 8) 2002) before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service alll1ouncements; and the matter having been duly considered by the City Council at the September 24) 2002 and continued until October 8) 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian) having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing) and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-U-T zone and by reason ofthe provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located south of Chin den Blvd., west of Linder, north of McMillan and east ofTen Mile Road) Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owners of record ofthe subject property are Leroy E. Brandt, Elroy Brandt, Marty Goldsmith, Sunjay Ray M.D., Daniel Gibson, Jr., and Justin and Tamra Martin. The applicants are Farwest, LLC and Daniel Gibson, Jr.. 6. The subject property is currently zoned R-U- T by Ada County. There is, however, an application for annexation and zoning to R-4 before the City Council which are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 7. The proposed application requests a conditional use permit for development of the lot as follows: Construction of 856 single-family dwellings, 171 multiple-family dwellings, 11 office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station lot in a proposed R-4 zone. The R-4 requested zoning designation within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 8. The proposed application is in compliance with the Meridian Comprehensive Plan, and that the proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 9. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 10. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the platmingjurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the Preliminary Plat as a condition of the Conditional Use Permit. 2. The proposed 171-unit multiple-family housing project within the development shall be required to apply for a detailed Conditional Use Permit for a Pla1U1ed Development prior to submitting for building permits. 3. The office lots in Block 1 and the office/ commercial lots in Block 54 shall be required to apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff recommends each of these two (2) areas be submitted as an overall, detailed Pla1U1ed Development, which, upon approval, would allow each individual lot/ building to apply directly for a building permit if in conformance with the overall PD concept. 4. The office/ commercial lots in Block 1 and Block 54 shall be required to submit for a Pla1U1ed Sign Program prior to construction of any signs on these lots. The number of future office/ commercial signs along Chinden shall be restricted to no more than two (2) signs and the number along McMillan shall be restricted to no more than one (1) sign. All signs for office or commercial use shall be limited to the L-O standards in the Sign Ordinance. 5. All site improvements (landscaping, irrigation, etc.) for the 6-acre park! pond area in Lot 1, Block 39 shall be complete prior to the issuance of the 250111 occupancy permit for the subdivision. 6. The Applicant shall be required to maintain the pond(s) in a ma1U1er that will prevent the water from becoming stagnant or a public nuisance (a mosquito breeding ground). 7. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time: Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of -way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant shall provide an easement to the District. 3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). 4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north of the south property line (approximately the half-mile). 5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. 6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff 8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. 10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. 11. Construct the intemallocal residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 both sides ofthe roadway contingent upon approval from the Meridian Fire Department. 12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). 13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. 15. Constmct a 30 foot wide driveway located on McMillan Road approximately 250 feet east of the west property line which meets District policy and should be approved with this application. 16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. 17. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard. 18. Construct thirteen stub streets to the surrounding parcels. · The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. · The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. · The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. · The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. · The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north of the south property line. · The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west of the east property line. · The Applicant is proposing to constmct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. · The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chin den Boulevard. · The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. · The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chinden Boulevard. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 · The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. · The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. · The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. 19. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Any proposed landscape islands/ medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional width of the island. Coordinate the size and design ofthe roundabout with traffic services staff. 23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 5. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. This proj ect proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58,57,20,36 and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 11. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. 12. The proposed 876-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 2,540 residents at build out. The proposed multi- family lot has an estimated 171 units with a total estimated population of 495 residents at build out. The 11 office lots and 1 commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 13. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 14. The proposed site location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite location. D. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The Developer would receive 100% of the park impact fees collected from the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary of the park site or the developer may construct the utilities south of the subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary ofthe park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. 11. It is found that the office/multiple-family housing uses are strongly related to the primary use of the development (R-4). The office uses will provide services (medical, dental, optical etc...) that will be complementary to the residents of the subdivision, and it will provide employment opportunities as well. It is also found that multiple-family housing acts as an acceptable buffer between the office uses and the detached single-family dwellings. It is found that the proposed office and commercial uses are appropriate within the overall development of the subdivision. The mixing of residential uses and commercial uses will encourage the office development to be constructed in a manner that will be pedestrian friendly in design. The proposed high-density housing will provide an immediate consumer base for the office/commercial development. 12. It is found that the office/multiple-family housing/commercial uses are approximately 10% of the total area ofland included in the planned development. (20.35 acres of office + 1.79 acres commercial + 10.71 acres of multi-family + 326.31 acres * 100 = 9.8% ofland [excluding Park and Fire Department land] within the proposed subdivision) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 It is also found that the size and intensity of the excepted uses is appropriate for this location and size of development. 13. It is found that the expected uses (office, multi-family and commercial) will be phased and constructed in a malll1er that justifies there inclusion as part of the project's primary residential uses. 14. The uses permitted by the exception are integrated into the overall project by: a. Finding that the office/multiple-family/commercial uses are located along the northern and southern periphery of the overall development. It is found that the excepted uses are within convenient walking for many of the residents within the proposed subdivision. It is also felt that a more centralized location ofthe excepted uses would bring additional traffic into the core of the residential area and supports the current location ofthe excepted uses. b. Finding that the site design incorporates interconnectivity though shared vehicular access points. The applicant has provided a pathway system and has proposed a private roadway system for access to the excepteduses from the proposed residential uses. c. Finding that, with the addition ofthe micropath lot in Block I, the Applicant will provide adequate pedestrian and bicycle cOlll1ections with the development. d. Finding that the excepted uses are located in a manner that will facilitate vehicular access from the residential uses. e. Finding that the landscaping is consistent throughout the development. Architectural and building bulk concepts will need to be submitted with a new detailed conditional use permits for each of the office centers (north and south) and the multi-family housing project. The City needs to determine what, if any, architectural/design concepts (residential and/or commercial) shall be incorporated into all buildings within this development. 15. It is found that the office, commercial and multi-family uses are not regional in size or character. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 16. It is found that the subject property is large enough to accommodate the requested use and all other required features. The excepted uses are intended to be uses and services that will be accessible by walking or bike riding from within the subdivision. 17. It is found that the current Comprehensive Plan Land Use Map designates the property as "Single-Family Residential". The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan by means of approval as a Planned Development. The project meets the requirements and objectives of the Planned Development Ordinances and other Zoning Ordinances. 18. It is found that the design concept to be compatible with the intended character of the area. The Generalized Land Use Map indicates that the intended use for this site is single- family dwellings. The existing character of the property to be developed is rural/residential with several large and smaller homes. The proposed development will change the existing character, but it will not adversely change the essential character of area, as it was intended to be used for single-family homes. 19. It is not anticipated that the proposed development will have an adverse impact on the majority of the surrounding property. 20. It is anticipated that because of the phasing pattern proposed by the applicant, significant amounts of off-site sewer and water main extensions will be necessary. The Sewer Master Plan proposes the North Slough Trunk traversing through this proposed development. By starting the phasing on the opposite side of the section from where the North Slough Sewer Trunk begins traversing east (i.e. Ten Mile Road), the routing locks proposed roadway alignments into place. lfthe phasing plan is approved, the applicant will be required to construct FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 water mains and the trunk line through the projects roadway system within the normal utility corridors. No service lines will be allowed in the off-site segments. The applicant will also be required to construct an all weather 14-foot wide paved access road over the off-site segments within this project. 21. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Although a detailed analysis was not done specifically on Lochsa Falls, it is generally found that tax revenues generated by urban residential development do not pay for the long-term provision ofthese urban services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 22. It is found that that proposed residential, office and commercial uses themselves will not be detrimental. However, it is found that the proposed uses will create additional traffic on Linder, Ten Mile, and McMillan Roads and Chinden Blvd. The Traffic Impact Study provided by the Applicant states that the development is estimated to generate 12,480 additional vehicle trips per day (20 existing). It is also noted that the mixed use nature of the proposed development will encourage a higher degree oftrip capture within the square mile (estimated at 10% oftotal trips). In this regard, the "excessive production" of traffic is lessened versus a project without accessible neighborhood services. It is not anticipated that the proposed uses will create excessive noise, smoke, fumes, glare or odors. 23. The ACHD Commission has reviewed and approved the vehicular approaches to Lochsa Falls Subdivision off ofTen Mile, Linder and McMillan Roads. The Idaho Transporation FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Department (ITD) has also reviewed and approved the subdivision and has limited access to State Highway 20 & 26 (Chinden) to the half-mile collector street (N. Lochsa Way). lTD required the elimination of the proposed access road to Chinden that is east ofthe half-mile collector (N. Dry Bar). This will help to reduce future interference with traffic turning off of the existing highway into the proposed subdivision. The applicant's traffic study finds that, at build- out, all four (4) arterial road intersections at the corners of Section 26 will be at a LOS F. The existing, no-build McMillan/Linder Road and ChindenlLinder Road intersections are found to need improvement with widening of all four approaches. The Chinden/Ten Mile intersection needs to be improved with widening of the northbound approach. It is found that a Collector roadway connecting the subdivision to Ten Mile Road is warranted by the scale of this development and the lack of access to the proposed city park from within the subdivision. It is also found that the applicant has proposed adequate connections to adjacent, undeveloped properties; thirteen (13) stub-streets for interconnectivity are proposed.It is found that the proposed development can be adequately served by the essential public facilities and services listed above. 24. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and xn, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably; A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development and construction of 856 single-family dwellings, 171 multiple-family dwellings, 11 office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station lot in an R-4 zone located south of Chin den Blvd., west of Linder, north of McMillan and east ofTen FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements ofthe Preliminary Plat as a condition ofthe Conditional Use Permit. 2. The proposed 17I-unit multiple-family housing project within the development shall be required to apply for a detailed Conditional Use Permit for a Planned Development prior to submitting for building permits. 3. The office lots in Block 1 and the office! commercial lots in Block 54 shall be required to apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff recommends each of these two (2) areas be submitted as an overall, detailed Planned Development, which, upon approval, would allow each individual lot! building to apply directly for a building permit if in conformance with the overall PD concept. 4. The office! commercial lots in Block 1 and Block 54 shall be required to submit for a Planned Sign Program prior to construction of any signs on these lots. The number of future office! commercial signs along Chinden shall be restricted to no more than two (2) signs and the number along McMillan shall be restricted to no more than one (1) sign. All signs for office or commercial use shall be limited to the L-O standards in the Sign Ordinance. 5. All site improvements (landscaping, irrigation, etc.) for the 6-acre park! pond area in Lot 1, Block 39 shall be complete prior to the issuance of the 250th occupancy permit for the subdivision. 6. The Applicant shall be required to maintain the pond(s) in a manner that will prevent the water from becoming stagnant or a public nuisance (a mosquito breeding ground). 7. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time: Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of -way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet ofright-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant shall provide an easement to the District. 3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). 4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north of the south property line (approximately the half-mile). 5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. 6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff 8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. 10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. 11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 both sides of the roadway contingent upon approval from the Meridian Fire Department. 12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). 13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. 15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east ofthe west property line which meets District policy and should be approved with this application. 16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. 17. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard. 18. Construct thirteen stub streets to the surrounding parcels. · The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. · The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north ofMcMiUan Road. · The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east ofthe west property line. · The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. · The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north ofthe south property line. · The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west of the east property line. · The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chin den Boulevard. · The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chin den Boulevard. · The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. · The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chinden Boulevard. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 · The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. · The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. · The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. 19. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Any proposed landscape islands/ medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional width ofthe island. Coordinate the size and design of the roundabout with traffic services staff. 23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 5. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DrGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 8. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57,20, 36 and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 11. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. 12. The proposed 876-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of2,540 residents at build out. The proposed multi- family lot has an estimated 171 units with a total estimated population of 495 residents at build out. The 11 office lots and I commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 13. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 14. The proposed site location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite location. D. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The Developer would receive 100% ofthe park impact fees collected from the Lochsa Falls project up to the cost ofthe 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary of the park site or the developer may construct the utilities south of the subject property within the future street alignment ofthe Bews parceL lfthe developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 judicial review as provided by Chapter 52, Title 67, Idaho Code. li'1~ By action ofthe City Council at its regular meeting held on the . . r day of fJx-~L\'J.t,r- ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED .~ C'-- COUNCILWOMAN CHERIE Me CANDLESS VOTED~ VOTED aJ:)Un+. COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED-- DATED: rZ--\1-()1L MOTION: ~ APPROVED: ~ .. DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. B~~P.~~ City Clerk Dated; Z:\Work\M\MeridianIMeridian I 5360M\Lochsa Falls Sub AZ02-010 PP02-009 CUP02-012\FfClsCUP02-012.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR LOCHSA FALLS SUBDIVISION IN AN R-4 ZONE, LOCATED SOUTH OF CHINDEN BLVD., WEST OF LINDER, NORTH OF McMILLAN AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO FARWEST, LLC AND DANIEL GIBSON, APPLICANT CIC 10/08/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-012 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the July 16, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for development of 308 building lots consisting of 260 single-family detached lots, 32 single-family attached lots, 11 office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation lot, tot lots and landscaping lots in a R-4 and C-G zones located a 1/2 mile south of Overland ORDER CONDITIONAL USE PERMIT (CUP-02-012) -1 Road on the east side of Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the Preliminary Plat as a condition of the Conditional Use Pennit. 2. The proposed 171-unit multiple-family housing project within the development shall be required to apply for a detailed Conditional Use Permit for a Planned Development prior to submitting for building permits. 3. The office lots in Block 1 and the office/ commercial lots in Block 54 shall be required to apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff recommends each of these two (2) areas be submitted as an overall, detailed Planned Development, which, upon approval, would allow each individual lot/ building to apply directly for a building permit if in conformance with the overall PD concept. 4. The office/ commercial lots in Block 1 and Block 54 shall be required to submit for a Planned Sign Program prior to construction of any signs on these lots. The number of future office/ commercial signs along Chinden shall be restricted to no more than two (2) signs and the number along McMillan shall be restricted to no more than one (1) sign. All signs for office or commercial use shall be limited to the L-O standards in the Sign Ordinance. 5. All site improvements (landscaping, irrigation, etc.) for the 6-acre park! pond area in Lot 1, Block 39 shall be complete prior to the issuance of the 250th occupancy permit for the subdivision. 6. The Applicant shall be required to maintain the pond(s) in a manner that will prevent the water from becoming stagnant or a public nuisance (a mosquito breeding ground). 7. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time: Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of -way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated ORDER CONDITIONAL USE PERMIT (CUP-02-012) -2 which is an addition to existing ACHD right-of-way ifthe Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant shall provide an easement to the District. 3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). 4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north of the south property line (approximately the half-mile). 5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. 6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff 8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design ofthe taper with District staff. 10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. 11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. 12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). ORDER CONDITIONAL USE PERMIT (CUP-02-012) -3 13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. IS. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east ofthe west property line which meets District policy and should be approved with this application. 16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. 17. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard. 18. Construct thirteen stub streets to the surrounding parcels. · The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. · The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. · The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. · The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. · The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north of the south property line. · The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west of the east property line. · The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. · The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chin den Boulevard. · The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. · The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chinden Boulevard. · The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. ORDER CONDITIONAL USE PERMIT (CUP-02-012) -4 · The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. · The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. 19. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Any proposed landscape islands/ medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional width of the island. Coordinate the size and design of the roundabout with traffic services staff. 23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. ORDER CONDITIONAL USE PERMIT (CUP-02-012) -5 6. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. This proj ect proposes two types of roadway widths: ORDER CONDITIONAL USE PERMIT (CUP-02-012) -6 Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side ofthe street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2,58, 57,20,36 and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 11. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. 12. The proposed 876-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of2,540 residents at build out. The proposed multi- family lot has an estimated 171 units with a total estimated population of 495 residents at build out. The 11 office lots and 1 commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 13. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 14. The proposed site location ofthe Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite location. D. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ORDER CONDITIONAL USE PERMIT (CUP-02-012) -7 ( E. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The Developer would receive 100% of the park impact fees collected from the Lochsa Falls project up to the cost ofthe 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary ofthe park site or the developer may construct the utilities south ofthe subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary ofthe park site, the developer shall be responsible for coordinating the location ofthe easement with the Parks Department. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~lWv'--~--CV 11th- day of ,2002. Copy served upon Applicant, the Planning and Zoning Department, Public W~s\'D~gM~:lruint . ,\ ~I oFM1:1;., II and CIty Attorney. ....:',...\ ~ "'\ li~~, /1.(.(". ,,(j ~POj:;>A 1.1-;' ~ r:P '''1~. v ~ J/ ~ ~ "0-;- BY4~.::....~4er( r Dated: /2-Z7-pZ- {, L ~ CIty Clerk s"'~ & g ~ ~ Q/..... "Qi 0 ::: Z:\Work\M\Meridian\Meridian I 5360M\Lochsa Falls Sub AZ02-01O PP02..Q09 CUP02-012\OrderCUP.doc '? <:> ~.:;,..,. lS1 . ~.$ ~ '1 r. <"'\~ ...$' :;....1./ ...n. '3,.rMI \V ,"'~. l't .....UII; & .. \\' ORDER CONDITIONAL USE PERMIT _ 8 !IJJiim ~W~\\'\' (CUP-02-012) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF 4 ACRES FOR CHERRY LANE CHRISTIAN CHURCH FROM R-4 TO L-O, LOCATED AT 2511 W. CHERRY LANE" MERIDIAN, IDAHO CHERRY LANE CHRISTIAN CHURCH, Applicant. C/C 12-03-02 ) ) ) ) ) ) ) ) ) ) ) ) v'. Case No: RZ-02-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 4 acres having come on for public hearing on November 12, 2002, and continued to November 19,2002, and continued again until December 3,2002, at the hour of7:00 olclock p.m., and Council having received the report of Brad Hawkins-Clark, Interim Planning Director for the Planning and Zoning Department, and Larry Woodard, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH I (RZ-02-003) - 1 ( for two (2) consecutive weeks prior to said public hearing scheduled for November 12,2002, and continued to November 19, 2002, and continued again until December 3,2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 12, 2002, and continued to November 19,2002, and continued again until December 3,2002, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code "67-6509 and 67-6511, and Meridian City Code "11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 4 acres in size and is located at 2511 W. Cherry Lane, Meridian; Idaho, and said legal description is on file with the Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH I (RZ-02-003) - 2 5. The owner of record of the subject property is Cherry Lane Christian Church, 2511 W. Cherry Lane, Meridian, Idaho. 6. The Applicant is owner of record. 7. The property is presently zoned as R-4, and contains an existing church building. 8. The Applicant requests the property be rezoned to Limited Office. (L-O). 9. The proposed site is bordered to the north, south, east and west by single family residences zoned R-4. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: The Applicant seeks zoning consistent with the existing church development, and to use the property for a preschooVprivate school. 13. The Applicant's requested rezoning of the subject real property as L-O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Public/QuasiwPublic. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 3 City Code S 11-15-1lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 4 15.2 Staff conditions provide as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: Site-Specific Conditions 1. The existing parking lot landscaping will be subject to ordinance 12-13-11-4 and upgraded to meet current standards upon any significant parking lot replacement per said ordinance. 2. The existing sign shall be granted legal, non-conforming status and become subject to the provisions of ordinance 11-14-8.B. Standard Rezone Conditions 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a fire-flow as required by Appendix ill-A of the Uniform Fire Code. All internal access roads within the project shall have a clear driving surface with a minimum width of20'. All modifications to the building will have to comply with the Building Code. The project will have to comply with the Idaho State Fire Marshall's requirements for Day Care Facilities. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: The Nampa & Meridian Irrigation District's Nine Mile Drain courses along the east boundary and the Rutledge Lateral courses along the west boundary ofthe proposed project. Any encroachments within the easement area or storm drainage discharge is unacceptable without approved plans and a signed License Agreement. 2. A Land Use Change/Site Application is required. 2. 3. 4. B. 1. 2. 3. 4. C. 1. 16. It is found that the application was filed on 8/1/02, just prior to the adoption of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 5 the new Comprehensive Plan, and is therefore technically under the policies of the 1993 Comprehensive Plan. The 1993 Comprehensive Plan designates the subject property as "Existing Urban". The new Comprehensive Plan designates the property as "Public/Quasi- Public". Churches are a quasi-public use. The requested L-O zoning is harmonious with both the "Existing Urban" and "Public/Quasi-Public" designations and is in accordance with the overall goals and policies of the Comprehensive Plan. 17. It is found that the proposed zoning amendment complies with the intended zone(s) supported by the Future Land Use Map. The property is not intended for another rezone in the future. 18. It is found that the existing church development is in accordance with the uses permitted in the proposed L-O zone. Any other use would have to be considered under the appropriate zoning review process. 19. The existing legal, non-conforming status of the church suggests that it may be appropriate to rezone the area to make it a legal conforming use. The proposed rezone would have such an effect on the church property. 20. It is found that the existing church use is appropriate and harmonious with the existing area and that it will not change the essential character of the general vicinity (as it has been there for many years). Any other uses, such as the proposed preschool/private school, could be harmonious with the existing and intended character of the same area, if constructed and operated appropriately. Any uses other than the church use will require zoning approval, as determined by the Schedule of Use Control in the City's Zoning Ordinance. 21. It is found that the rezone to L-O should not be disturbing to existing or future FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 6 neighboring uses. 22. It is found that the proposed uses will be adequately served by all essential public services and facilities. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare ofthe community. 24. It is found that any proposed L-O zoned property will not involve uses, activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 25. It is found that the proposed use will not interfere with general traffic patterns on any public streets. ACHD has stated that the project is expected to generate less than 10 new vehicle trips per day on surrounding streets. School drop-off/pickup vehicle trips are considered by ACHD as "pass-by" traffic that is likely to have already been on the roads anyway, and are therefore not considered to be adding congestion. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. Nine Mile Creek runs adjacent to the subject property and will not necessarily be affected by the rezone, but may be affected by the accompany Conditional Use Permit (CUP) ifthe creek is piped. This issue will be explored in greater detail under the CUP findings. 27. It is also found that the zoning amendment would be in the best interest ofthe City by brining all existing non-conforming use into conforming status. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 7 CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: (L-OJ Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system ofthe City is a requirement in this District. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City=s planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-6511A provides: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 8 Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition ofrezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code 911-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. 9 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. Ifno distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle ofthe main tracks of said railroad line. 8. 9 11-15-11ofthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms ofthe following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 9 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zonmg. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such servIces; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest ofthe City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ~02-003) - 10 ( DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's reqnest for rezone of approximately 4 acres for zoning consistency with the existing church development, and to use the property for a preschool/private school, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: Site-Specific Conditions 1. The existing parking lot landscaping will be subject to ordinance 12-13-11-4 and upgraded to meet current standards upon any significant parking lot replacement per said ordinance. 2. The existing sign shall be granted legal, non-conforming status and become subject to the provisions of ordinance 11-14-8.B. Standard Rezone Conditions 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 11 B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by Appendix III-A of the Uniform Fire Code. 2. All internal access roads within the project shall have a clear driving surface with a minimum width of20'. 3. All modifications to the building will have to comply with the Building Code. 4. The project will have to comply with the Idaho State Fire Marshall's requirements for Day Care Facilities. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Nine Mile Drain courses along the east boundary and the Rutledge Lateral courses along the west boundary of the proposed project. Any encroachments within the easement area or storm drainage discharge is unacceptable without approved plans and a signed License Agreement. 2. A Land Use Change/Site Application is required. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code S 11-7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage ofthe Ordinance, provided for in Section 2 of this Order, the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM Rw4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 12 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on ~"l\\J.LfL \1,2002. ROLLCALL COUNCILMAN KEITH BIRD VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED ftVJ~t MAYOR ROBERT CORRIE (TIE BREAKER) DATED: ~ 2.. - \I -0'2- VOTED -- MOTION: ~ APPROVED: --" DISAPPROVED: Copy served upon Applicant, the Planning an~\#@fI'm~~ep~ent, Public Works Department and the City Attorney. ",\.\..(-{ Of 'ftr::.I1:/DL II.,.... " '...' ....,..1. 'l ....::: () rOt\porq /":, '1' ~ 2 ~: ~o ~ g iJi-; -03 ". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 4 ACRES FROM R-4 TO L-O BY: CHERRY LANE CHRISTIAN CHURCH I (RZ-02-003) - 13 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The above entitled conditional use permit application having come before the City IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERl\1IT FORA PRESCHOOL/PRIVATE SCHOOL IN AN L-O ZONE, LOCATED AT 2511 W, CHERRY LANE, APPROXIMATELY HALFWAY BETWEEN LINDER AND TEN MILE ROADS, MERIDIAN, IDAHO CHERRY LANE CHRISTIAN CHURCH, APPLICANT C/C 12/03/02 Revised 12/31/02 Case No. CUP-02-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\1IT Council on November 12, 2002, continued until November 19, 2002, and continued again until December 3,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Larry Woodard, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12, 2002, continued until November 19,2002, and continued again until December 3,2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 12, 2002, continued until November 19, 2002, and continued again until December 3, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with aU notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 2511 W. Cherry Lane, approximately halfway between Linder and Ten Mile Roads, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner of record of the subject property is Cherry Lane Christian Church, 2511 W. Cherry Lane, Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned R-4. An application for Rezone to L-Q is currently pending before the City of Meridian. The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a preschooliprivate school using existing classrooms in an existing building. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements 1. Street Buffer: A 25 foot wide minimum landscape buffer shall be required along Cherry Lane. 2. Number of Students: Enrollment for the preschool use will initially be up to 56 students- 28 morning and 28 afternoon. The number of students per classroom shall comply with standards set by the International Fire Code. 3. Future Private School: Option A: Prior to enrollment of students for kindergarten or higher, the Applicant shall be required to obtain separate CUP approval as a private elementary school. 4. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments will be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, applicant shall pay for them with the issuance of the building permit. The City of Meridian owns and maintains a 21 inch diameter sewer trunk line that parallels the Nine Mile Creek. This trunk line is within a 20 foot wide easement along the east side of Nine Mile Creek. Access must be maintained to this line at all times. Landscaping will be limited within the easement area. 5. Expansion: Applicant shall be required to apply for and obtain a separate Conditional Use Permit for any further addition or expansion of the existing school. Standard Requirements 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12- 13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code Il-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 B. 1. 2. 3. 4. C. 1. 2. 4. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 57, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designated in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five foot wide pedestrian walkways in accordance with City Ordinance. 8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 9. Per Ordinance 11-17-4.B., a Conditional Use Permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the Ordinance. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a fire-flow as required by Appendix III-A of the Uniform Fire Code. All internal access roads within the project shall have a clear driving surface with a minimum width of 20'. All modifications to the building will have to comply with the Building Code. The project will have to comply with the Idaho State Fire Marshall's requirements for Day Care Facilities. Adopt the Recommendations of the Central District Health Department as follows: Applicant shall submit plans for a plan review for any child care center. Applicant shall contact Susan Simmons at Central District Health Department regarding any licensure requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Change/Site application. 2. Applicant shall submit two (2) sets of complete plans indicating how this project will impact the District. E. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. Settlers' Irrigation District's Settlers Canal courses along the north boundary of this project in a 36' RCP tile. The easement, which includes the tile and irrigation structures, must be protected. F. Adopt the Recommendations of the Sanitary Service as follows: 1. Applicant shall allow for 11' clearance inside of the waste enclosure gate posts. Increased waste generation in the future may require a larger waste container and drive-on capability. 13. It is found that the site is large enough to accommodate the proposed use (preschool/private school) and related features that would be required by the ordinance. 14. That the 1993 Comprehensive Plan shows the subject property as "Existing Urban"; the current Comprehensive Plan shows the property as "Public/Quasi-Public", Proposed zoning is L-O; private schools require a CUP in the L-O zone according to the Zoning Schedule of Use Control. It is found that the proposed use and plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staffreport are met. 15. It is found that the proposed development will not adversely change the essential character of the general vicinity and will be harmonious with the intended character of the same area. 16. It is not believed that the proposed use will not adversely affect other property in the vicinity. 17. It is found that the proposed development will be adequately served by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. ACHD has stated that the project is expected to generate less than 10 new vehicle trips per day on surrounding streets. School drop-off/pickup vehicle trips are considered by ACHD as "pass-by" traffic that is likely to have already been on the roads anyway, and are therefore not considered to be adding congestion. 20. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. 21. It is found that a natural or scenic feature may be lost, damaged or destroyed by issuance ofthis conditional use permit per the revised application which proposes to pipe the Nine Mile Creek and add a parking lot expansion, landscape buffer, and pathway over the top of it. However, the Applicant submitted a letter dated November 26,2002, requesting the ditch covering of the conditional use permit to be put on hold, and thereby no natural or scenic features would now be lost, damaged or destroyed by the issuance of the conditional use permit. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (lC. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Limited Office District (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 ofthis Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -10 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a preschool/private school in an L-O zone located at 2511 W. Cherry Lane, approximately hal:f\:vay between Linder and Ten Mile Roads, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements 1. Street Buffer: A 25 foot wide minimum landscape buffer shall be required along Cherry Lane. 2. Number of Students: Enrollment for the preschool use will initially be up to 56 students- 28 morning and 28 afternoon. The number of students per classroom shall comply with standards set by the International Fire Code. 3. Future Private School: Option A: Prior to enrollment of students for kindergarten or higher, the Applicant shall be required to obtain separate CUP approval as a private elementary school. 4. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments will be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, applicant shall pay for them with the issuance of the building permit. The City of Meridian owns and maintains a 21 inch diameter sewer trunk line that parallels the Nine Mile Creek. This trunk line is within a 20 foot wide easement along the east side of Nine Mile Creek. Access must be maintained to this line at all times. Landscaping will be limited within the easement area. 5. Expansion: Applicant shall be required to apply for and obtain a separate Conditional Use Permit for any further addition or expansion of the existing school. Standard Requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12- 13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13~4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 3. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 4. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 57, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designated in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five foot wide pedestrian walkways in accordance with City Ordinance. 8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 9. Per Ordinance 11-l7-4.B., a Conditional Use Permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the Ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by Appendix III-A of the Uniform Fire Code. 2. All internal access roads within the project shall have a clear driving surface with a minimum width of 20'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 All modifications to the building will have to comply with the Building Code. The project will have to comply with the Idaho State Fire Marshall's requirements for Day Care Facilities. Adopt the Recommendations ofthe Central District Health Department as follows: Applicant shall submit plans for a plan review for any child care center. Applicant shall contact Susan Simmons at Central District Health Department regarding any licensure requirements. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: Applicant shall file a Land Use Change/Site application. Applicant shall submit two (2) sets of complete plans indicating how this project will impact the District. Adopt the Recommendations of Settlers' Irrigation District as follows: Settlers' Irrigation District's Settlers Canal courses along the north boundary of this project in a 36' RCP tile. The easement, which includes the tile and irrigation structures, must be protected. F. Adopt the Recommendations of the Sanitary Service as follows: 1. Applicant shall allow for 11' clearance inside of the waste enclosure gate posts. Increased waste generation in the future may require a larger waste container and drive-on capability. 3. 4. C. 1. 2. D. 1. 2. E. 1. S 11-17-9. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 11 fh-- day of (Jt~'ktu ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED A:b~t MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED .,- DATED: 12--1'1-0'2- MOTION: ~ APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 \\\\\11111111',. \\\ '- . '/'. ,\\\ Of M.:.::/,;'''." ...... '"-~' A'~ - ~';","'/.-1 '-/,.. " "'.... ....... "", ~ ~ (j Of-POR", ,.,,'/v . "_ :: C; , I {'"A" . . '- ~ ~2 ~ {.) \ By;/2a~ /d-/-:::/i. f - g ~r:; (i. 'f>,ated\ City Clerk . ~ 7. ~A-'d.L""'J..~J? ~ &0. ,~)' 0 ~ "1'0 u&r 1~;i . ~""!;.' 'l,,/> ~ ~~~" ..~.:;- Z:\ Work\M\Meridian\Meridian l5360M\Cherry Lane Christian Q)}UreiD61qt.-pp~[ C:;l.iP!Of~27\FfClsCUP02-027 .doc .flllt. ~.'l'.;. .!II\' J(I.~i-r~~.".< ;~,~i~\" ~-1-tJ3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PRESCHOOL/PRIVATE SCHOOL IN AN L-O ZONE, LOCATED AT 2511 W. CHERRY LANE, MERIDIAN, IDAHO CHERRY LANE CHRISTIAN CHURCH, APPLICANT C/C 12/03/02 Revised 12/31/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-027 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the November 12, 2002, and continued until November 19,2002, and continued again until December 3,2002, under the provisions of Meridian City Code S 11-17~4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a preschool and private school using existing classrooms in an existing building in an L-O zone located at 2511 W. Cherry Lane, approximately halfway between Linder and Ten Mile Roads, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-027) - 1 Site-Specific Requirements 1. Street Buffer: A 25 foot wide minimum landscape buffer shall be required along Cherry Lane. 2. Number of Students: Enrollment for the preschool use will initially be up to 56 students- 28 morning and 28 afternoon. The number of students per classroom shall comply with standards set by the International Fire Code. 3. Future Private School: Option A: Prior to enrollment of students for kindergarten or higher, the Applicant shall be required to obtain separate CUP approval as a private elementary school. 4. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments will be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, applicant shall pay for them with the issuance of the building permit. The City of Meridian owns and maintains a 21 inch diameter sewer trunk line that parallels the Nine Mile Creek. This trunk line is within a 20 foot wide easement along the east side of Nine Mile Creek. Access must be maintained to this line at all times. Landscaping will be limited within the easement area. 5. Expansion: Applicant shall be required to apply for and obtain a separate Conditional Use Permit for any further addition or expansion of the existing schooL Standard Requirements 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12- 13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 57, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designated in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The Applicant is ORDER CONDITIONAL USE PERMIT (CUP-02-027) -2 B. 1. 2. 3. 4. C. 1. 2. D. 1. 2. E. responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five foot wide pedestrian walkways in accordance with City Ordinance. 8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 9. Per Ordinance 11-17-4.B., a Conditional Use Permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the Ordinance. Adopt the Recommendations ofthe Meridian Fire Department as follows: Provide a fire-flow as required by Appendix III-A ofthe Uniform Fire Code. All internal access roads within the project shall have a clear driving surface with a minimum width of 20'. All modifications to the building will have to comply with the Building Code. The project will have to comply with the Idaho State Fire Marshall's requirements for Day Care Facilities. Adopt the Recommendations of the Central District Health Department as follows: Applicant shall submit plans for a plan review for any child care center. Applicant shall contact Susan Simmons at Central District Health Department regarding any licensure requirements. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: Applicant shall file a Land Use Change/Site application. Applicant shall submit two (2) sets of complete plans indicating how this proj ect will impact the District. Adopt the Recommendations of Settlers' Irrigation District as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-027) -3 1. Settlers' Irrigation District's Settlers Canal courses along the north boundary of this project in a 36' RCP tile. The easement, which includes the tile and irrigation structures, must be protected. F. Adopt the Recommendations of the Sanitary Service as follows: 1. Applicant shall allow for 11' clearance inside of the waste enclosure gate posts. Increased waste generation in the future may require a larger waste container and drive-on capability. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action ofthe City Council at its regular meeting held on the 1 rz ft--- day of \.)L ~\;-vv ,2002. ~viJ~~ Robe . Corrie, Mayor CIty of MendIan Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJl~~~{t City Clerk Dated: /--? //} 3 ~ &:: ; - GIG< ,,0.-.. g ~'() "Sr1"'i. _'*:'.:: ~ :;..0 :> ~-.;:> .....r. "I' ^ ~'- ~ z:\ Work\M\Meridian\Meridian I 5360M\Cherry Lane Christian Church RZ-02-003 CUP-02-027\OrderCUP{~ ""'Q' !~ ~TI . ~ \\,.... 'I;-li1l- ~:. ~\.;~. ,'~\\\\\' IltY,;,:~, '."l~11 ~ ORDER CONDITIONAL USE PERMIT (CUP-02-027) -4 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CHRISTINA FLOYD, FOR A CONDITIONAL USE PERMIT FOR A GROUP DA YCARE FOR 6-12 CHILDREN IN AN R-8 ZONE, LOCATED AT 567 EAST BROWN BEAR STREET, MERIDIAN, IDAHO C/C 12-03-02 ) ) ) ) ) ) ) ) Case No. CUP-02-030 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on December 3, 2002, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Christina Floyd, appeared and testified, and no one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 3,2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 1 newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said December 3,2002, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6512; and Meridian City Code 9911-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and Maps and the Ordinance establishing the hnpact Area Boundary Ordinance and Map. 4. The property is located at 567 East Brown Bear Street, Meridian, Idaho. 5. The owner of record of the subject property is Christina Floyd, 567 East Brown Bear Street, Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned Medium Density Residential (R-8). The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 2 8. The proposed application requests a conditional use permit to operate a group daycare for 6-12 children in her home. The R -8 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. That the Applicant, Christina Floyd, owner of the property, is granted a conditional use permit to operate a group daycare for 6-12 children in her home, located at 567 East Brown Bear Street, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which is on file in the City of Meridian Clerk's office, which is located at 33 East Idaho Street, Meridian, Idaho, for the development of the aforementioned project. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 3 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. Parking for the pick up and delivery of children shall be located in the driveway and not on the street. 3. No signage is pennitted as part of this application. If any is proposed it shall be in compliance with the City of Meridian ' s Sign Ordinance. Temporary or portable signs or banners are prohibited, and will be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the UBC (1997 Uniform Building Code). The UBC defines all buildings used in the daycare of 6 or more children as an E-ill occupancy and must then meet all standards as set forth in the UBC for such an occupancy. 5. The applicant shall meet aU of the licensing requirements of the State ofldaho prior to beginning operation. A copy of the State license shall be submitted to the Clerks office for inclusion in the City's records. 6. Pursuant to the applicant's letter submitted with the application, no more than 12 children per day may be cared for by the applicant at her home located at 567 E. Brown Bear. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. The facility wiU have to meet the State Fire Marshal's standards for family daycare facilities. 2. Address posted in 6" numbers on the front of the building. C. Adopt the notations of the Sanitary Service as follows: 1. Waste volume may require commercial waste rates. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 4 D. Adopt the Ada County Highway District notations as follows: 1. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 13. That the site is large enough to accommodate the requested childcare uses. 14. That the proposed use and development plan will be harmonious with the current Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Single-family residential." 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character ofthe general vicinity and that such use will not adversely change the essential character of the same area; it is found that the proposed development will not change the essential character of the general vicinity. The applicant already has a permit to care for up to five children, and the addition of3-7 more children will not adversely change the character of the area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 17. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 5 adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that no excessive traffic, noise (if children are properly supervised), smoke, fumes, glare or odors will result from the proposed use. 20. That the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by issuance of this conditional use. 22. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. CONCLUSIONS OF LAW 1. Idaho Code S 67-6512 provides in part that: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 6 (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant ifthe proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code S 11-17. 3. Idaho Code S 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD I GROUP CHILD CARE HOME (CUP-02-030) - 7 4. The City of Meridian has enacted the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant, Christina Floyd, owner of the property, is granted a conditional use permit to operate a group daycare 6-12 children in her home, located at 567 East Brown Bear Street, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file with the City Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, for the development of the aforementioned projects. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code Il-13-4.D. Parking for the pick up and delivery of children shall be located in the driveway and not on the street. 3. No signage is permitted as part of this application. If any is proposed it shall be in compliance with the City of Meridian's Sign Ordinance. Temporary or portable signs or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 8 banners are prohibited, and will be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the UBC (1997 Uniform Building Code). The UBC defines all buildings used in the daycare of 6 or more children as an E-III occupancy and must then meet all standards as set forth in the UBC for such an occupancy. 5. The applicant shall meet all of the licensing requirements ofthe State ofIdaho prior to beginning operation. A copy ofthe State license shall be submitted to the Clerks office for inclusion in the City's records. 6. Pursuant to the applicant's letter submitted with the application, no more than 12 children per day may be cared for by the applicant at her home located at 567 E. Brown Bear. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The facility will have to meet the State Fire Marshal's standards for family daycare facilities. 2. Address posted in 6" numbers on the front of the building. C. Adopt the notations ofthe Sanitary Service as follows: 1. Waste volume may require commercial waste rates. D. Adopt the Ada County Highway District notations as follows: 1. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 9 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /74- day of /;eCeh~bvu ,2002. ROLL CALL COUNCILMAN BIRD VOTED$.a- VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ VOTED /J:6J-e~ COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: / 2~/7--{) 2- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 10 MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY~~~~ a- City Clerk.' (/ Dated: i .. - Z:\Work\M\Meridian\Meridian 15360M\Chrislina Floyd CUP02-030\CUPFfCIsOrdDec.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHRISTINA FLOYD / GROUP CHILD CARE HOME (CUP-02-030) - 11 BEFORE THE MERIDIAN CITY COUNCIL CIC 12-03-02 IN THE MATTER OF THE APPLICATION OF CHRISTINA FLOYD, FOR A CONDITIONAL USE PERMIT FOR A GROUP DA YCARE FOR 6-12 ) ) ) CHILDREN IN AN R-8 ZONE, LOCATED AT 567 ) EAST BROWN BEAR STREET, MERIDIAN, IDAHO) ) ) ) CASE NO. CUP-02-030 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 3rd day of December, 2002, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Christina Floyd, owner of the property, is granted a conditional use to operate a group daycare for 6-12 children in her home, located at 567 East Brown Bear Street, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for to operate a group daycare for 6-12 children in her home, located at 567 East Brown Bear Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS 1. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - CHRISTINA FLOYD - GROUP CHILD CARE HOME FOR 6-12 CHILDREN (CUP-02-030) PAGE 1 OF 4 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. Parking for the pick up and delivery of children shall be located in the driveway and not on the street. 3. No signage is permitted as part of this application. If any is proposed it shall be in compliance with the City of Meridian's Sign Ordinance. Temporary or portable signs or banners are prohibited, and will be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the UBe (1997 Uniform Building Code). The UBC defines all buildings used in the daycare of 6 or more children as an E- III occupancy and must then meet all standards as set forth in the UBC for such an occupancy. 5. The applicant shall meet all ofthe licensing requirements ofthe State ofIdaho prior to beginning operation. A copy of the State license shall be submitted to the Clerks office for inclusion in the City's records. 6. Pursuant to the applicant's letter submitted with the application, no more than 12 children per day may be cared for by the applicant at her home located at 567 E. Brown Bear. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The facility will have to meet the State Fire Marshal's standards for family daycare facilities. 2. Address posted in 6" numbers on the front of the building. C. Adopt the notations ofthe Sanitary Service as follows: 1. Waste volume may require commercial waste rates. D. Adopt the Ada County Highway District notations as follows: 1. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - CHRISTINA FLOYD - GROUP CHILD CARE HOME FOR 6-12 CHILDREN (CUP-02-030) PAGE20F4 ( 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Pennit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to the permit. '1'./).. \- A /. ~A By action ofthe City Council at its regular meeting held on the I -- day of ~Celnyvv, 2002. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJld&~~~If2 City Clerk ' (/ Dated: \' \ \ \ 1111111 f J" ,\\ f 1!,JJ, '. I,t, ..:;:.\' ~ 0 l"'flft'A'/,Q 1111,," ~... ~ . ~ ~ 2 ! 7 {) 1-- s- CJ rp10POR'1/: "'V ~ --.-; ~ ~ ~o ~ ~ ~ ~ = ~ ~_ 8-' :::.~ ~ .-(}t, ",Qi .... ~ ~ ~.,. 151 ' ,,9 ! ~~ ~v r;;1-'tJ." ~ '.I' ^ w' ~... "'''/;: ....t')t 'J;,r,'{ .. ~" 'II,. 'oJ;;.> i;. ..; 4' \\\' {JJfi{,~tu '-'Wh~ttli\ Z:\Work\M\Meridian\Meridian 15360M\Christina Floyd CUP02-030\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - CHRISTINA FLOYD - GROUP CHILD CARE HOME FOR 6-12 CHILDREN (CUP-02-030) PAGE 3 OF 4 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12/03/02 Revised 12/31/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SALMON RAPIDS NO. ) 5, LOCATED NORTH OFE. ) VICTORY ROAD AND WEST OF S. ) LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) BY: FARWEST, LLC, ) ) APPLICANT ) ) Case No. PP-02-020 FINDINGS OF 'FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on December 3,2002, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Becky Bowcutt, Gary Smith Director ofthe Public Works Department, Clark Pope, and Mr. White, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, and the City Council having received as part ofthe record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT SALMON RAPIDS SUBDNISION NO.5, LOCATED IN THE SE ~ OF SECTION 19, T.3N., R. IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 08/14/02, DWG NO. 20106, REVISION: 10/23/02 BY: BKB AND 11/26/02 BY: BKB AND A STAMP DATE: RECENED NOV 27 2002 CITY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 1 MERIDIAN CITY CLERK OFFICE, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, SHEET: 1 OF 1 PRE, \20106-PRE.DWG BKB, FARWEST, LLC- DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS EINGINEERING, INC.", Farwest, LLC submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R-4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 C] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 2 City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Interim Director and the Engineering Tec1mician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration ofthis approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT SALMON RAPIDS SUBDIVISION NO.5, LOCATED IN THE SE 14 OF SECTION 19, T.3N., R. IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 08/14/02, DWG NO. 20106, REVISION: 10/23/02 BY: BKB AND 11/26/02 BY: BKB AND A STAMP DATE: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, SHEET: I OF 1 PRE, \20106-PRE.DWG BKB, FARWEST, LLC - DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS EINGINEERING, INe." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 I (PP-02-020) 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SALMON RAPIDS SUBDNISION NO.5, LOCATED IN THE SE 14 OF SECTION 19, T.3N., R. IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 08/14/02, DWG NO. 20106, REVISION: 10/23/02 BY: BKB AND 11/26/02 BY: BKB AND A STAMP DATE: RECENED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, SHEET: 1 OF 1 PRE, \20106- PRE.DWG BKB, FARWEST, LLC - DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS EINGINEERING, INC.", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning & Zoning Conunission as follows: 1. Applicant shall submit a Master Grading and Drainage Plan for the subdivision with the application for Final Plat. 2. Add a note to the plat stating: All buildings and improvements upon all lots in this subdivision shall comply with the Master Grading and Drainage Plan on file with the Meridian Public Works and Building Department. 3. Any fill on Lot 51, Block 2 and Lot 10, Block 9 shall be required to meet existing grade at the property line of existing adjacent lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 4 4. City potable water may not be used as the primary irrigation water supply for the subdivision. The irrigation water source must be determined and submitted with the application for Pinal Plat. 5. Applicant shall give two (2) weeks notice to the owners of Lot 50 Block 2, and any other affected lots, prior to digging up the sewer line. 6. Applicant shall provide a temporary mailbox for any affected lot owners during sewer construction. 7. Add a note to the face of the plat stating that all front setbacks adjacent to detached sidewalks shall be measured from the back of sidewalk. 8. Prior to issuance of a building permit for any new dwelling unit, a licensed engineer shall certify compliance with the approved Master Grading & Drainage Plan for this subdivision. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adj acent to the property. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. The existing pressure irrigation system is owned and maintained by Nampa & Meridian Irrigation District. The applicant and his engineer have been consulting with the District concerning the existing problems with the pressure system. It has been determined that the best course of action would be an upgrade of the panels and pumps in the existing pump station. This would provide capacity to the system which would allow the inclusion of Salmon Rapids No.5. This would also enhance the existing system. Revise the plat to show how the system is going to be served (i.e. connection to the existing Salmon Rapids Subdivision's system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 5 to all lots within this development. The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. A detailed fencing plan shall be submitted upon application ofthe final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. The fencing within the landscape buffer shall be removed. 4. Any tree over 4" in caliper that is removed from the property shall b e replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 5. The following have either been added or revised on the preliminary plat notes: (I.) Anv re-subdivision ofthis plat shall be in compliance with the most recently approved subdivision standards of the City of Meridian. (2.) Add a note indicating who is responsible for the maintenance ofthe proposed common lots. (3.) Add the standard plat note concerning the "Right to Farm Act". 6. Any drainage areas (detension/retension basins) must be designed to ensure that water is retained only during lOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 I (PP-02-020) 6 Lot 19, Block 8 doesn't meet the minimum 80-foot frontage required in the R-4 Zone, and Lot 20, Block 8 doesn't meet the minimum 80-foot frontage on the E. Lake Creek Drive frontage. Place an arrow on Lot 20, Block 8 pointing towards S. Pine Bar Place, indicating the front of the house. General Comments 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. lflateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 5. Developer shall coordinate mailbox locations with the Meridian Post Office. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 7 light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 11. The applicant has proposed four foot (4') detached sidewalks within the subdivision. The applicant shall comply with ACHD requirements for placing sidewalks outside of the proposed right-of-way. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Extend Lake Creek Street and Pine Bar Way as 36-foot street sections with curbs, gutters, and 5-foot landscape area with 4-foot detached sidewalks within 50-feet of right-of-way. 2. Stub Pine Bar Way to the south property line as proposed on the preliminary plat (approximately 136-feet southeast of the west property line). The temporary turnaround should be constructed to provide a minimum turning radius of 45-feet. Submit a design of the turnaround for review and approval by District staff. OR 3. Construct a stub street to the south property line between lot 10 and lot 11 rather than stubbing Pine Bar Way to the south property line. Maintains a minimum of l25-foot offset (measured centerline to centerline) between local residential roadways. If the roadway is greater than 150-feet in depth, provide a temporary turnaround at the terminus of the roadway. Submit a design ofthe turnaround for review and approval by District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 8 The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 9 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 10 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 E. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code S31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Envirorunental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their December 3,2002 meeting as follows: 1. Pertaining to the master grading and drainage plan they shall be required to be noted on the Final Plat, placed in the restrictive covenants, and listed with the Building Department so that when the lots are sold the information would be on file, and then compared with the approved grading so that it is in compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 11 By action of the City Council at its regular meeting held on the {1~ day of ~ttlVV\....\ruv ,2002. ROLLCALL COUNCILMAN BIRD VOTED~ VOTED~ VOTED~ VOTED fib~t:b COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY - MAYORROBERTD. CORRIE VOTED (TIEBREAKER) 12.-ll-D~ \'Yl-oB~ ~YVD~ ~ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. BJ~p&rJ9. City Clerk Dated: .. - ... Z:\Work\M\Meridian\Meridian l5360M\Salmon Rapids No.5 PP02-020\FfClsOrdPP,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 / (PP-02-020) 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN L C/C 12-03-02 IN THE MATTER OF THE ) REQUEST FOR REZONE OF 8.2 ) ACRES (10.93 ACRES INCLUDING ) ROADWAYS AND EASEMENTS) ) FOR MURDOCH SUBDIVISION ) NO.2 FROM R-8 TO C-G ZONING, ) LOCATED ON THE WEST SIDE OF ) LOCUST GROVE, 12 MILE SOUTH ) OF FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) HOWELL-MURDOCH ) DEVELOPMENT CORPORATION, ) Applicant. Case No: RZ-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 8.2 acres (10.93 acres including roadways and easements) having come on for public hearing on December 3,2002, at the hour of7:00 o'clock p.m., and Council having received the report of Steve SiddowayPlanner II of the Planning and Zoning Department, David McKinnon Planner II ofthe Planning and Zoning Department, and Bruce Freckleton ofthe Public Works Department, and Brad Hawkins- Clark Interim Director for the Planning and Zoning Department, and Daren Fluke, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 1 and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 3, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 3,2002, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 2 Area Boundary. 4. The property is approximately 8.2 acres (10.93 acres including roadways and easements) in size. The property is located on the west side of Loeust Grove, 'lS. mile south of Franklin Road, Meridian, Idaho, and a copy of the legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owners ofrecord of the subject property are John Flaherty Construction, Ine, 6009 Franklin Road, Boise, Idaho 8309, Sturgeon Rock Land Group, LLC, 10048 Calico Street, Boise, Idaho 83709, and Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Ste. C, Boise, Idaho 83713. 6. The Applicant is Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Ste. C, Boise, Idaho 83713. 7. The property is presently zoned as R-8, and consists of vacant land. The Applicant requests the property be rezoned to General Retail and Service Commercial (C-G). 8. The proposed site is bordered to the north by Medimont Subdivision, to the south by vacant land, to the east by Woodbridge Subdivision, and to the west by Murdoch Subdivision No.1. 9. The property which is the subject ofthis application is within the Area of Impact of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: As commercial lots under the proposed C-G zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION f (RZ-02-004) - 3 12. The Applicant requested rezoning ofthe subject real property as C-G is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subj ect property as Commercial. 13. There are no significant or scenic features of major importance that affect the consideration of this application. 14. Ada County Highway District reviewed this application and submitted a no review letter. The District recently reviewed and commented on this site as part of Murdoch Subdivision No.2. All of the District's requirements for this site have been previously addressed through the above noted subdivision application. 15. Central District Health Department reviewed this application and had no objections. 16. In review of the application for rezone it is provided at Meridian City Code S 11-15-11for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 16.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 16.2 The area included in the zoning amendment is not intended to be rezoned in the future; 16.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character ofthe general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM Rw8 TO CwG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 4 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 16.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 16.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 16.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning will be in the best interest of the City of Meridian. 16.2 Staff and Agency recommendations and/or conditions provide as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Standard Conditions 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 4. All construction shall conform to the requirements ofthe Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION / (RZ-02-004) - 5 5. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 6. Development ofthe property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show aU proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any buildings more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.21 7. All building uses and occupancies will have to meet the separation requirements ofthe Unifonn Building Code. 17. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "Commercial," with the exception of the Police Department's lot that is designated as "Public/Quasi-Public". The requested C-G zoning is harmonious with the "Commercial" designation and is in accordance wit the overall goals and policies of the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL~MURDOCH DEVELOPMENT CORPORATION / (RZ-02-004) - 6 18. It is found that the proposed zoning amendment complies with the intended zone(s) supported by the Future Land Use Map. The property is not intended for another rezone in the future. 19. It is found that the Applicant has not submitted detailed development plans for the un-built parcels within the development; however, it is found that the land to be rezoned will be developed as a commercial subdivision. If the property is developed in accordance with the MCC, commercial development would be allowed under the new C-G zoning designation. 20. The recent adoption of the Comprehensive Plan changed the land use designation of the property. Furthermore, the City has recently completed construction of a new police station within this subdivision, suggesting that it would be appropriate to rezone the area to commercial, rather than residential uses. 21. It is found that all development within the subdivision will be required to comply with the MCC, and that the future development of the land will be in harmony the existing and intended character of the area. All commercial development applications will have to be weighed on the merits of the specific application. All development will require a Certificate of Zoning Compliance or Conditional Use Permit application, as determined by the Schedule of Use Control in the City's Zoning Ordinance. 22. It is found that the re-zone to C-G should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the C-G zone may be disturbing to future or existing neighbors; however each development will be required to comply with the approval requirements ofthe MCC. 23. It is found that the proposed uses will be adequately served by all essential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 7 public services and facilities. 24. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare ofthe community. 25. It is found the C-G zoning designation ofthe property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 26. It is found that the proposed C-G zoning will not interfere with general traffic patterns on any public streets. Watertower and Stratford are designated as collector streets and no lots within the subdivision are allowed direct lot access to Locust Grove. 27. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. 28. It is found that the zoning amendment would be in the best interest ofthe City by allowing a property owner to make improvements to the property that would otherwise not be allowed without the zoning amendment. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORA nON I (RZ-02-004) - 8 3. The requested zoning of General Retail and Service Commercial District, (C-G) is defined in the Zoning Ordinance at 11-7-2 K as follows: fC-G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review ofthe impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services 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 commercial development and encourage clustering of commercia] development. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code SI1-15-12 has exercised its authority to require or permit as a condition ofrezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. S 11-6-1 ZONING DISTRICT MAP provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C~G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION J (RZ-02-004) - 9 The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. 9 11-15-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zonmg. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 10 of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such servICes; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 8.2 acres (10.93 acres including roadways and easements) to develop the subject property as commercial lots under the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL~MURDOCH DEVELOPMENT CORPORATION / (RZ-02-004) - 11 proposed C-G zone, is granted, subject to the terms and conditions ofthis Order hereinafter stated; and 2. The following special tenns and conditions of use and development relate to this application to-wit A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Standard Conditions 5. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 6. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 7, Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 8, All construction shall conform to the requirements ofthe Americans with Disabilities Act. 5. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 6. Development of the property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R~8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 12 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any buildings more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.21 7. All building uses and occupancies will have to meet the separation requirements ofthe Uniform Building Code. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (C-G) General Retail and Service Commercial District (Meridian City Code S 11-7-2 K) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held o~eI1J;t~ ! 1 ~ 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION J (RZ-02-004) - 13 ROLLCALL COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT CORRIE (TIE BREAKER) DATED: /2- -17 -tJ 2- MOTION: ~ APPROVED- -DISAPPROVED: VOTED~ VOTED~ VOTED~ VOTED IJ~J~ - VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By:JI~P~ ~ City Clerk ~ (/ Z:\Work\M\Meridian\Meridian 1 5360M\Murdoch Sub No.2 RZ02-004\FfsCls0rderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION / (RZ-02-004) - 14 - - ( December 13, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department December 17, 2002 ITEM NO. 2> - Y'r1 REQUEST Award of Contract, Waste Water Treatment Plant Dissolved Air Flotation Thickener 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo rtfOVU apr' Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED DEe 1 2 2002 City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 12/12/2002 Re: Proposed Agenda Items for December 17, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the December 17 City Council agenda, under Department Reports, for Council's consideration: Dissolved Air Floatation Thickener Proiect. Three responsive bids were received for the above project as shown below: . The Ewing Company, Inc Guho Corporation Bodell Construction $809,500.00 $829,000.00 $1,220,715.00 . . The engineer's estimate for this project was $1,027,400. The Ewing Company has completed several projects at the plant. Recommended Council Action: The Public Works Department recommends that City Council approves the contract with The Ewing Company, Inc for construction of the Dissolved Air Floatation Thickener Project for $809,500 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. From the desk of. .. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watettower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208)887-1297 gradyl@ci.meridian.id.us " ' \ \ DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of Meridian (hereinafter called OWNER) and The Ewing Company (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set fort~ agree as follows: ARTICLE 1 8 THE PROJECT 1.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Dissolved Air Floatation Thickener Project at the Wastewater Treatment Plant for the City of Meridian. The project consists ofa new dissolved air floatation thickener with metal building enclosure, a new dissolved air floatation thickener pump building with two thickened waste activated sludge pumps, one pressurization pump, and HV AC, two waste activated sludge pumps in the existing pump building, piping, electrical and controls, miscellaneous equipment and appurtenances. ARTICLE 2 8 WORK 2.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents for completion of the project. ARTICLE 3 8 ENGINEER 3.01 The ENGINEER, Carollo Engineers, P.c., 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 connection with the completion of the Work in accordance with the Contract Documents, unless otherwise modified in the Supplementary Conditions. ARTICLE 4 8 CONTRACT TIMES 4.01 Time of the Essence: A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. Dissolved Air Floatation Thickener Project 4.02 Days to Achieve Substantial Completion and Final Payment: A. The Work will be substantially completed within 270 days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 300 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages: A. CONTRACTOR and OWNER recognize that time is of the essence ofthis Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize that it will be impracticable to determine actual damages which UWNER will sustain in the event of or by reason of the delay. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that expires after the specified time in paragraph 4.02 for substantial completion until the Work is substantially complete. After substantial completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the contract time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. It is further agreed that the amount stipulated for liquidated damages per day of delay is a reasonable estimate of the damages that would be sustained by OWNER, and CONTRACTOR agrees to pay such liquidated damages as herein provided. In case the liquidated damages are not paid, CONTRACTOR agrees that OWNER may deduct the amount thereof from any money due or that may become due to CONTRACTOR by progress payments or otherwise under the Agreement, or if said amount is not sufficient, recover the total amount. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01A below: A. For all Work other than Unit Price Work, a Lump Sum of: Eight Hundred Nine Thousand Five Hundred Dollars (use words) $ 809,500 (figure) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES Dissolved Air Floatation Thickener Project 6.01 Submittal and Processing of Payments: A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage: A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or before the 25th day of each month during performance of the Work as provided in paragraphs 6.02.A.l and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). b. 95% of cost ofmaterials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 100% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 125% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment: A. Upon final completion and acceptance of the Work, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER in accordance with paragraph 14.07 of the General Conditions. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest in accordance with the Maximum Rate provided by Law at Meridian, Idaho. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS Dissolved Air Floatation Thickener Project 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the fo 110 wing representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, loca~ and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques~ sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Dissolved Air Floatation Thickener Project J. The Contract Documents are generally sufficient to indicate and convey understanding ofall terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. This Agreement, Document 00520; 2. Performance Bond, Document 00612; 3. Payment Bond, Document 00614; 4. Guaranty Bond, Document 00618; 5. Insurance Certrificate, Document 00622; 6. Public Works Contract Report, Document 00631; a. CONTRACTOR's Bid Form, Document 00410; b. Construction Contractor's Qualification Statement, Document 00451; C. Notice to Proceed, Document 00500; 7. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: Notice to Proceed, Document 00550 Written Amendments; Work Change Directives; Field Order(s). B. There are no Contract Documents other than those listed above in this Article 9. C. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms: Dissolved Air Floatation Thickener Project A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract: A. No assignment by a party hereto of any rights under or interests in the Contract 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. 10.03 Successors and Assigns: A. 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 to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR., who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by O'WNER and CONTRACTOR or on their behalf. This Agreement will be effective on Effective Date of the Agreement). ,2003 (which is the Dissolved Air Floatation Thickener Project OWNER: CONTRACTOR: 660 .E. t1 e..tJ ....01:_ ~ By: By: Attest: III ~ 1"".- ~.g,. ~..Attes .. ~ ~dress for givin 1=D , "T\\e. E '^'\t\'~ Co. l IV\c.. \ 500 ~\doro.do, SlJ\~e 4 Bo\ se.. Ida\\o B~lO'1 License No. \lOo3-AAA. \.1.-3 (Where applicable) Agent for service of process: Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: Phone: Phone: Facsimile: Facsimile: END OF DOCUMENT cc::. A6'9......~-{ 1;'J.../'7 10"2- Dissolved Air Floatation Thickener Project December 13, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQU EST Finance Report: December 1 7, 2002 ITEM NO. 3-0 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS affOVV Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. FINANCE REPORT November 2002 Table of Contents Report Name Long Term Investment Status Investments and Cash WWTP - Budget to Actual Comparison Water - Budget to Actual Comparison General Fund - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2002 Police Dept Monthly Overtime Fire Dept Monthly Overtime Vacant Position Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund MIP - Statement of Revenue & Expenditure Reports 1 of 14 Page # 2 3 4 5 6 7 8 9 10 1 1 12 13 14 CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF 11/30/2002 $136,116 $3,U~(tl;REST BEARING ACCOUNTS PORTFOLIO DISTRIBUTION ~~ $982,608 IIl'i Government Bonds $6,470,567----1 $17,083,349 o Certificates of Deposit llillAdvisor Money Market o Checking II Money Market 12I Other Cash III Idaho State Pool CASH & INVESTMENT TYPE - NET YIELD 0.05 0.045 0.04 0.035 0.03 0.025 0.02 0.015 0.01 0.005 o ~'1> ~~ ~...<! ~"... ... ~o'" 0,00'" \'1>0( ~e"''I' ~,,( <<>",,,, :1>'1.0'1> p..a." co 0(0.,,1 ..e~ ~~'" ~ GO G"" ~Oo\ ,,"?,o !J)tO r>o..,,~ 05 \~:1>~ $1,157,037 $3,242,872 $701,799 Investment Account Balance by Fund o General Fund III Cap Improve Fund III Enterprise Fund o Fire Truck Fund III Latecomer Fund III Park Impact Fees $32,223,370 20114 CITY OF MERIDIAN INVESTMENTS AND CASH 11/30/2002 6.00% 5.00% 94.00% w3.OO% ):2.00% 1.00% 0.00% INTEREST RATE HISTORY 2 =~-== =-~ ... ' .-=: - -"'-~ ::.: ~ ~ ~ ~ ~ ~ ~ ~ ~ # ,::,.0 ~-01> #- ~ ~ )-0 ,!,,0 C,'<J ),<>'" rp ~ ..;;:.0 ,J<' << $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 ,,S':" ,::,.t} ",rJ ~ fa' J -0(;$ 'C<$'v ':\.& ~ '?" 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"<"'" $ $ () CITY OF MERIDIAN VACANT POSITION REPORT AS OF November 30, 2002 Date Department Job Position Filled New Vacant IPolice wailing lo fill when moved in new building Crime Prevention Specialist 10/1/2001 Patrol Officer (R Ellis) 8/19/2002 Patrol Officer (Basic) 10/1/2002 Patrol Officer (Advance) 10/1/2002 Patrol Officer (Advance) 10/1/2002 Crime Analyst 10/1/2002 Records Clerk 10/1/2002 Records Clerk 9/27/2002 1 Water loperator II I 10/1/20021 Finance Terrance Paternoster IT Coordinator 11118/2002 I Recreation I Part-Time Seasonal 10/1120021 Varies 15 . 20 Seasonal Larry Plum Vollyball Offical 11/112002 Phillip Juarez Basketball Official 1114/2002 Joseph DeFruscio Basketball Official 1114/2002 ICity Clerk I Receptionist 10121120021 1 Fire 19 IntTo FireFighters 10/1/20021 Ipublic Works I Staff Engineer 10/1/20021 IHR IHR Analyst 10/1/20021 P&Z Planner II Code Enforcement Officer vacant for more than 1 year 12 of 14 Carryforward BUDGET PURCHASES Bud to Act Dept Acct Description FY2002 Amount FY2003 YTD Variance Notes Mayor 94300 computer - desktop 1,500.00 1,500.00 replace #48 Finance 94200 desk & chair 1,200.00 1.200.00 IT coordinator Finance 94300 computer - desktop 1 ,500,00 1.500.00 replace #463 Finance 94300 computer - desktop 1,500.00 1,500.00 replace #464 Finance 94300 computer - desktop 1,500.00 1,500.00 replace #461 Finance 94300 computer - desktop 1,500.00 1,500.00 replace #462 Finance 94300 computer - laptop 2,000.00 2,000.00 IT coordinator HR 94200 desk & chair 1,700.00 149,01 1,550.99 HR Analyst HR 94300 computer - desktop 1,500.00 1,500.00 replace #308 HR 94300 computer. desktop 1,500.00 1,500.00 HR Analyst Police 94100 Vehicle - investigations 20,000,00 18,368.00 1,632,00 replace #3 Police 94100 Vehicle. investigations 20,000.00 14,720.14 5,279.86 replace #11 Police 94100 Vehicle - investigations 20,000,00 18,368.00 1,632.00 Enhancement#7 promote officer to investigator Police 94100 Vehicle - patrol 20,000.00 12.808.00 7.192.00 replace #29 Police 94100 Vehicle - patrol 40,000.00 40,000.00 replace #26 Police 94100 Vehicle - patrol 28.500.00 28,500.00 replace #24 Police 94100 Vehicle - patrol 27,000.00 27,000.00 replace #31 Police 94100 Vehicle - patrol 40,000.00 40,000.00 Enhancement#3 new patrol officers Police 94200 desk I work station 1,500.00 1 .500,00 Enhancemenl#4 Crime Analyst Police 94200 desk I work station 1,000.00 1,000,00 Enhancement#5 records clerk Pollce 94300 computer. desktop 2,000,00 1.921.00 79.00 replace #4155 Police 94300 computer. desktop 2,000.00 2,000.00 replace #4157 Police 94300 computer - desktop 1,500.00 1,500.00 replace #438 Police 94300 computer. desktop 1,500.00 1,500.00 replace #4067 Police 94300 Computer & Software 6,000.00 6,000.00 Enhancement#4 Crime Analyst Police 94300 Computer & Software 2,000.00 2,000.00 Enhancement#5 records clerk Pollce 94400 Glock Handguns 18,000.00 15,168.00 2,832.00 replace Smith & Wesson handguns Police 94400 L1DAR speed detect device 4,500.00 4,500.00 Enhancement#3 new patrol officers Police 96999 carryforward 17,902.20 17,902.20 Police Fire 92300 Latecomer fees 2,700.00 2,700.00 Enhancement#1 new fire station Fire 93302 Opticom 16,000.00 16,000,00 Enhancement#6 opticom Fire 94200 turnout racks,furnishings,tools&propane 28,000,00 28,000.00 Enhancement#1 new fire station Fire 94300 computer. desktop 2,000.00 2,000.00 Enhancement#1 new fire station Fire 94300 computer - desktop 1,500,00 1,500.00 replace #2501 Fire 94300 computer. desktop 1,500.00 1,500.00 replace #2015 Fire 94400 defiberaltor 4,000.00 4,000.00 Enhancement#l new fire station Fire 94400 SC BA test bench 6,500.00 6,500.00 Enhancement#5 equipment Fire 94600 base station 3,800.00 3,800.00 Enhancement#1 new fire station Fire 94600 phone system 5,000.00 5,000.00 Enhancement#1 new fire station Fire 96999 Firetruck 151,134.75 150,599.00 535.75 Fire Truck Fire equipment for New Pumper 10,562.46 (10.562.46) Will need to amend Parks 91000 Land purchase 94,060.00 181,000.00 275,060.00 Enhancement#2 Borup property Parks 93405 Phase II improvements 18,517,07 155,000.00 173,517.07 Enhancemenl#8 Storey Park Parks 93409 playground equipment 38,000,00 18,952.00 19,048,00 En hancemenl#4 Chateau 93411 Skate Park construction 11,847.30 33,314.59 (21,46729) carryforward Parks 94401 lawn mower 8,095,00 8,095,00 replace #2097 Taro Groundmaster Parks 96156 Adventure Island Playground 50,000.00 50,000.00 100,000,00 Enhancemenl#9 Parks 96902 basketball courts 11,000.00 14,078.15 (3.07815) Enhancement#7 Bear Creek Parks 96902 restroom construction 135,000.00 135,000.00 Enhancement#7 Bear Creek Parks 96903 Settlers improvements 611,114.72 131,000.00 278,233.73 463,880.99 Enhancement#3 landscape,sidewalk P&Z 94100 Vehicle 15,000.00 15,000.00 replace 1991 Chevy Caprice P&Z 94100 Vehicle 14,000.00 14,000.00 Enhancement#1 Code Enforce Coordinator P&Z 94300 Computer & Software 3,000.00 3,000.00 Enhancement#2 new Planner II General Fund TOTAL Capital for FY2003 954,576.04 1,082,995.00 587,242.08 1,450,328.96 I CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay GENERAL FUND YTD 11/30/2002 13 of 14 Carryforward BUDGET PURCHASES Bud to Act Dept Acct Desc ription FY2002 Amount FY2003 YTD Variance Notes MUBS 92000 new front counter 10,000,00 10,000,00 Enhancement#2 front counter MUBS 94300 computer - desktop 1,500.00 1,500,00 replace #523 MUBS 94300 computer - desktop 1,500.00 1,500,00 Enhancement#2 front counter PW 94100 Vehicle - 4wd 21,230.00 17,057.89 4,172.11 Enhancement#5 additional vehicle PW 94200 bookshelves 1,000.00 1,000.00 Enhancement#8 bookshelves PW 94200 desk I work station 1,500.00 1,500.00 Enhancement#6 new Staff Engineer PW 94300 com puter - desktop 4,000.00 3,682,00 318.00 replace #1042 PW 94300 computer - desktop 2,200.00 2,209.00 (9,00) replace #1060 PW 94300 computer - desktop 2,200.00 2,200.00 replace #1 083 PW 94300 computer - laptop 3,400.00 3,499.56 (99,56) Enhancemenl#3 technology PW 94300 computer & software 2,200,00 2,200,00 Enhancement#6 new Staff Engineer PW 94300 printer - workgroup laser 1,200,00 1,200,00 Enhancemenl#3 technology Water 93301 upgrade telemetry system 10,000,00 10,000,00 Enhancement #10 Water 94100 Vehicle - pickup 18,000.00 18,000.00 replace 1991 Ford Pickup Water 94100 Vehicle - pickup 18,000.00 18,000.00 Enhancement#1 new well tech Water 94300 computer - desktop 2,200.00 2,200,00 replace #3583 Water 94300 computer - desktop 2,200.00 2,200.00 replace #3073 Water 94300 computer - desktop 2,200.00 2,200.00 Enhancemenl#1 new well tech Water 96111 WaterTower Upgrade 89,872.94 1,166.54 88,706.40 carryforward Water 96133 Well #22 441.00 (44100) no carryforward overbudget in 02 Water 96140 Waterline Extensions 600,000.00 600,000.00 Enhancement #7 Water 96147 Waterline Extensions 276,348.61 4,047.17 272,301.44 carryforward Water 96148 Well #23 45,537.18 997.89 44,539.29 carryforward Water 96149 Well #24 103,018.99 80,000.00 805.08 182,213.91 Enhancement #2 Water 96150 Well #25 199,959.00 300,000,00 499,959.00 Enhancement #4 Water 96157 Well #26 350,000,00 350,000.00 Enhancement #3 Water 96158 Well #27 200,000.00 200,000.00 Enhancement #9 Water 96999 carryforward 1,424,499.00 5,875.24 1,418,623.76 Water WWTP 93505 Sewerline extensions 1,010,861,34 155,604.87 855,256.47 carryforward WWTP 94100 Kawasaki Mule for WWTP 6,000.00 5,591.60 408.40 Enhancement #1 WWTP 94200 desk,chair new Biosolids office 2,000.00 2,000.00 Enhancement #1 WWTP 94200 desk,chair new WWTP office 2,000.00 2,372.37 (372 37) Enhancement #1 WWTP 94300 computer - desktop 2,200.00 1,394.00 806,00 Enhancement #1 WWTP 94300 computer - desktop 2,200.00 2,200,00 Enhancement #1 WWTP 94400 E-coli waterbath equip 2,000.00 2,000.00 Enhancement #1 WWTP 94400 Effluent Sampler 5,500.00 5,500.00 replace #3671 WWTP 94400 Gantry Crane portable 3,000.00 3,185.07 (185.07) Enhancement #1 WWTP 94400 Infrared Moisture Analyzers for Lab 3,200.00 3,200.00 Enhancement #1 WWTP 94400 ISCO portable sampler 5,000.00 4,542.00 458.00 replace #10373 WWTP 94400 ISCO portable sampler 5,000.00 5,000.00 Enhancement #1 WWTP 94400 Line Locator for collections 2,000.00 2,481,31 (48131) Enhancement #1 WWTP 94400 Microfilm Reader 2,000.00 2,000.00 Enhancement #1 WWTP 94400 SamplingfTesting equip for Pretreatment 19,500.00 19,500.00 Enhancement #1 WWTP 94400 Diesel Tank 11,957,60 14,910.00 (2.952.40) carryforward WWTP 94600 phone system 15,000,00 15,000.00 Enhancement #e WWTP 96109 Boise River Outfall Repair 260,031.71 250,000,00 3,132.00 506,899.71 Enhancement #4 96141 WWTP Generator #3 25,443.53 25,443.53 96142 South Slough Sewer Ext 925,640.62 925,640,62 96143 WWTP City water project 16,900.46 16,900.46 96145 WWTP NonPotable water project 82,669.10 82,669,10 WWTP 96151 Predesign of WWTP projects 198,488.79 50,000.00 8,852.77 239,636,02 Enhancement #3 96154 Tertiary Filter By-Pass 19,401.00 19,401,00 WWTP 96155 Thickener Project 427,242.21 450,000.00 19,562.69 857,679.52 Enhancement #2 WWTP 96159 Cenlrate Basin Construction 200,000.00 200,000.00 Enhancement #7 WWTP 96160 Digester Gas Line Modification 22,000.00 22,000.00 Enhancement #9 WWTP 96160 Methane Gas Alarm for Digester 5,000.00 5,000.00 Enhancement #9 WWTP 96162 BlckCat Trunkline/Lift pre design 400,000.00 400,000.00 Enhancement #11 WWTP Enterprise TOTAL Capital for FY2003 3,693,373.08 4,512,629.00 261,410.05 7,944,592,03 CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay ENTERPRISE FUND YTD 11/30/2002 14 of 14 e Z :;:) LL WZ 000 i'2!!! 0..0:: 0::<( wD.. 1-:;: Zo Wo ~~ z<( je '" 0..0 <0 1-1- 0 Z" ~ W<( 0 ~~ ~ i5:;! ~ zo:::;:) W <[1-1- e gffi~ ffi 0::1-0 e W<[I- Q ::;::!:I- 0:: t5~~g~ ~~o~o:: u:!:ffiitlf 10- ~ +o~Q. ~~~N ~"''o~ ~~Sl.1. ~ ~ l:! ~ :I: ~ " \@ o j::; ~ .... ~ ~ .... ~ ~ iij e: ~ ~ l:! 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Will&: u:;;-:t;~ .....'" g~:a <nV;~ ~R~~~ j2ct:!Jg ~t.1m~~ <) '" ~ W '" ~ W ~ 0 .. ., ~ ~ ;5 j; ~~~~8 CI) ::s t: (1) > (1) 0::: U) CI) .~ '= CI) en CU .- U (1) 0- en .. $ Iff <.> g !E l:J /!j 8 ~ i'; ~ '" .. l '" o <0 <5 N '" '" '" 00 >:>;0 ~-.;t -g -fi .g Q)<(a. os. ... a " cu ::s ..... u <C o ..... ..... (1) en "C ::s CO ~ 'I;"""" "["""'" ..... ........ W- W- W- W- W- ~ o .'" a. 01 " " 01 ,. 01 Iii ~ o CITY OF MERIDIAN ORDINANCE NO. 02- 190 -r · I. J ~ BY: 7?z h1/H:;J- de vv..t e I'd.-- AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW TITLE 13 PARKS OF THE MERIDIAN CITY CODE PROVIDING FOR A CHAPTER TO BE KNOWN AS THE MERIDIAN FORESTRY ORDINANCE; PROVIDING FOR DEFINITIONS, FINDINGS, STATEMENT OF PURPOSE, JURISDICTION, EST ABLISHMENT AND DUTIES OF THE CITY ARBORIST, INTERFERENCE WITH CITY ARBORIST UN LA WFUL, RESPONSIBILITIES OF ADJACENT PROPERTY OWNERS, PERMITS, DAMAGING, DESTROYING OR MUTILATING PUBLIC TREES, COMPENSATORY PAYMENTS, PENALITIES FOR VIOLATION, PUBLIC NUISANCES OR HAZARD TREES, ABATEMENT OF PUBLIC NUISANCES OR HAZARD TREES, LICENSING OF TREE AND LANDSCAPE SERVICES, APPEALS, SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: A new Title 13 PARKS is hereby enacted and shall read as follows: 13-1-1 TITLE: This Chapter shall be known as the Meridian Forestry Ordinance. 13-1-2 DEFINITIONS: For the purposes of this Chapter, the following words and phrases shall have the following meanings: ADJACENT PROPERTY OWNER: Any person owning property adjacent to public rights-of-way. Tree/Forestry Ordinance October 2002 Page 1 of 15 ALTERNATE HOST PLANT: One of two kinds of plants on which a pest must develop to complete its life cycle. ANSI Z133.1- 2000, and A300, 2001 This is a document offering basic performance THE AMERICAN NATIONAL standards for tree pruning, published in 1994 STANDARD FOR ARBORICULTURAL and revised in 2000 by the American National OPERATIONS - PRUNING, Standards Institute (ANSI) or the REPAIRING, MAINTAINING, same as amended from time to time. REMOVING TREES, CUTTING BRUSH AND SAFETY REQUIREMENTS: ARBORICUL TURE: The cultivation of trees, including planting, pruning, removal or any other action which affects the growth and maintenance oftrees. CITY: The City of Meridian Idaho, CITY ARBORIST: The City Parks department Arborist or Arborist designee, CRITICAL ROOT ZONE: The area under a tree extending from the base of a tree in all directions to an imaginary line equal to the drip line or as determined at a preliminary site inspection by the City Arborist. DISEASE: A condition in trees caused by fungi, bacteria, mycoplasmas, and viruses known by scientific names that are able invade and infect plants causing health problems or death to a wide spread population of the species in City limits or City impact area, HAZARD: Any tree, public or private, with visibly defined structural defects likely to cause failure of all or part ofthe tree, and be a danger to public safety. PERMIT: Written approval issued by the City and required for any activity on public trees or within the critical root zone of public trees, PERSON: Any individual, firm, partnership, corporation, association, company or organization of any kind, Tree/Porestry Ordin.nee October 2002 Page 2 of 15 PEST: Any insect, disease or other organism harmful to trees, PRUNING: The practice of cutting tree limbs according to standards contained in ANSI Z133,1 and ANSI A300 standards. PUBLIC PROPERTY: Any property owned by, dedicated to, or deeded to, the public or for the publicts use. City parks, public rights-of-way and other publicly owned, controlled, leased or managed properties are included in this definition. This definition excludes any federal or state owned properties except where otherwise provided by contract or law. PUBLIC NUISANCES: Any tree or part thereof [public or private] which, by reason of location or condition, constitutes hazard to public safety, or which obstructs the free passage of pedestrian or vehicular traffic or which obstructs public street lighting or any tree or alternate host plant or part thereof which harbors pest or disease which reasonably may be expected to injure or harm public parks or right of ways. PUBLIC RIGHTS-OF-WAY: Improved or unimproved public property owned by, dedicated to, or deeded to the public or for the publicts use, for the purpose of providing vehicular, pedestrian and other public use, Such public property provides circulation and travel to abutting properties and includes, but is not limited to, streets, sidewalks, landscaping, and provisions for public utilities, cut and fill slopes, and open public space. For the purposes of this Chapter, alleys are excluded from this definition. PUBLIC SAFETY: The condition of being safe from bodily harm and/or property damage resulting from tree conditions and/or failures while using public property. Tree/Forestry Ordinance October 2002 Page 3 of15 PUBLIC TREES: Any tree (inclusive of roots within the critical root zone) whose trunk is located, partly or in whole) on public property. TOPPING: "Rounding" or "heading back" or any other term that can be described as severe cutting back of limbs within a tree crown to buds, stubs) or laterals not large enough to assume a terminal role or as defined in ANSI A300 standards, TREE: Any woody plant, which is 10 feet or more in height at maturity, with a single or multiple trunks, often unbranched for several feet above the ground and having a definite crown, 13-1-3 FINDINGS: Whereas the City finds trees are important elements of the environment which promote and protect public health, safety, and general welfare ofthe community by providing: A. A vital contribution to the aesthetic character ofthe community and the region's natural beauty, B, Cost-effective protection against severe weather conditions with cooling effects in the summer months and insulating effects in winter. C. Economic support of local property values. D, Improved air and water quality with the absorption of pollutants) assimilation of carbon dioxide and generation of oxygen, and the reduction of excessive noise and adverse impacts caused by noise pollution. E, A reduction of the adverse impacts ofland disturbing activities such as runoff from impervious surfaces, soil erosion, sedimentation and pollution, F, Habitat) cover, food supply and corridors for a diversity of wildlife. 13-1-4 STATEMENT OF PURPOSE: This Chapter establishes regulations and standards necessary to ensure that the City continues to realize the benefits provided by the Community Forest. It is not intended to resolve or regulate trees) or disputes over trees on private property that do not affect general public safety. This ordinance is enacted to: A. Promote the general welfare of the City by establishing and maintaining the maximum amount of canopy coverage provided by trees for their functions as identified in 13-1-3. Tree/lome'try Ordmance OClober 2002 Page 4 of 15 B, Preserve and enhance the City's environmental, economic and social character with mature trees, C. Protect public safety, health & welfare. D. Encourage site and utility plalll1ing, building, and development practices to prevent indiscriminate removal or destruction of trees and avoid ulll1ecessary disturbance to trees within the City and its Area of Impact. E. Maintain trees in a healthy, non-hazardous condition through application of tree care standards contained in ANSI Z133.l.and A300, F, Establish and maintain appropriate species diversity and age classes in order to provide a stable and sustainable conununity forest. G. Establish a process by which trees are to be planted, pruned and removed, H. Implement the goals and objectives of the City's Comprehensive Plan, 1. To continue to meet qualifications to be a Tree City USA every year as outlined by the National Arbor Day Foundation. 13-1-5 JURISDICTION: 13-1-5.1 13-1-5.2 Public Property: The City Arborist shall manage and regulate the planting, maintenance; protection, removal and replacement of all public trees within the City limits; thus exercising the City's authority to do so granted pursuant to the provisions ofIdaho Code 50-312 - Improvements of Streets, Idaho Code 50-317 - Removal of snow, ice, rubbish, and weeds, Idaho Code 1415 (7) Responsibilities of single county-wide highway districts within cities - Final decision on urban renewal projects - Settlement of questions, Private Property: The City Arborist shall have jurisdiction over trees located on private property which are found to be public nuisance or a hazard as defined in 13 -1-13 and may cut and remove those trees from all private property within the city and the public rights of way abutting the same and may assess the cost thereof against the property so cleared, and against the property abutting public rights of way so cleared, as provided for in Idaho Code 50-317, The assessment shall be collected as provided in Idaho Code 50-1008, 13-1-6 ESTABLISHMENT AND DUTIES OF THE CITY ARBORIST: The Director of the Parks & Recreation Department shall designate an individual on Parks staff as the City Arborist and authorize such person to perform the duties imposed and exercise the powers granted by this chapter, For the purposes identified in 13-1-4, the City Arborist, TrcclForcslry Ordinance October 2002 Page 5 of 15 subject to the provisions of this Chapter and available resources, is hereby authorized to carry out the following duties: 13-1-6.1 Administrative/Management Duties: A. Develop, administer and maintain a Community Forestry Management Plan, B. Administer a program of public outreach and education relating to Community Forestry and the planting and care of trees. C. Maintain a licensing program as set forth in 13-1-15, D, Administer and maintain a permitting procedure for all planting, pruning, protection and removal of trees as set forth in 13-1-9. E. Establish and maintain an inventory of all public trees, F. Maintain a Community Forestry budget to be contained within the budget of the Meridian Parks & Recreation Department. The City may expend funds to plant, maintain or remove trees in accordance with the provisions of this Chapter, the Community Forestry Management Plan and existing policies, G, Oversee and require compliance with Disease and pest management programs as required by this chapter, and other pest management programs as may be adopted by the Parks & Recreation Commissioners. H. To facilitate the proper selection, planting and maintenance of trees in residential, commercial and industrial developments within City limits and the Meridian City Area of City Impact, the City Arborist shall review and provide comment on development applications when such applications are submitted to the City Planning & Zoning Services Department. 1. Protect existing trees retained on new construction sites from damage to bark, branches, and roots during construction. The city of Meridian Parks Dept Arborist shall approve the protection fence prior to construction. Construction, excavation, or fill occurring within the drip line of any existing trees may severely damage it. Any severely damaged trees shall be replaced in accordance Subsection 10,6 of the Meridian Landscape Ordinance, 1. Establish policies to carry out the provisions ofthis Chapter. K. Perform all necessary acts to ensure that all public trees conform with the Community Forestry Management Plan and this Chapter. L. Annually provide public notification ofthe requirements of this Chapter. TrccfForcstry Ordinance October 2002 Page 6 0 f 15 13-1-6.2 Tree Planting Duties: A. Establish and maintain specifications for tree planting on public property, 13-1-6,3 Tree Maintenance Duties: A. Order the pruning or removal of public trees to ensure public health, safety and welfare while considering the health of the tree and other elements of the infrastructure. B. Declare trees as a public nuisance or a hazard as defined in 13-1-13, Abatement shall be completed as identified in 13-1-14. 13-1-6.4 Tree Removal Duties: A. Remove trees located on public rights-of-way which have been declared to be a public nuisance or a hazard as defined in 13-1-13. B. Any trees on public rights-of-way scheduled for removal shall be affixed with a public notice stating the reason for removal. Such notice shall be posted not less than 30 days prior to scheduled removal date unless determined by the City Arborist to be an emergency or immediate hazard to public safety. 13-1-6,5 Tree Protection Duties: A, To avoid creating public nuisances or hazards by damaging public trees, the City Arborist is authorized to require their protection (including the critical root zone) from construction or other harmful practices, 13-1-7 INTERFERENCE WITH THE CITY ARBORISTUNLAWFUL: Itshall be unlawful and shall be a misdemeanor to interfere with the City Arborist, any Meridian City Police Officer, or Meridian City Code Enforcement Officer in the performance oftheir duties connected with the enforcement of this Chapter. 13-1-8 RESPONSIBILITIES OF ADJACENT PROPERTY OWNERS: Any person in possession of private property shall maintain trees upon adjacent public rights of way and any trees upon private property which may affect public property, in a safe, healthy condition in compliance with the provisions ofthis Chapter, Adjacent property owners have the following responsibilities: TreclForestry Ordinance Oelober 2002 Page 7 of 15 13 -1-8.1 Responsibilities for Public Trees: A. Obtain Permits 1, Meet all requirements and obtain all permits necessary for work done (including, but not limited to, pruning and removal) on any public trees as required in 13-1-9, 2. Meet all requirements and obtain all permits necessary prior to commencing repair of damage done to public streets or sidewalks adjacent to any public trees as required in 13-1-9, 3, Meet all requirements and obtain all permits necessary for any tree planting on public property as required in 13-1-9. B. Routine Tree Maintenance 1, Pruning of trees located on public rights-of-way adjacent to the owner1s private real property, a, Prune and maintain such trees according to ANSI Z133.1 and A300 Arboricultural Operation standards. b, Topping, heading, shearing or rounding over are not acceptable forms of tree pruning and are not allowed on public trees unless first approved by the City Arborist. c. Except as otherwise determined by the City Arborist, branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance 8 feet over the sidewalk and 14 feet over the street so as not to interfere with public travel. d. Trees shall be pruned to remove dead limbs or other limbs that are considered a public nuisance or a hazard as defined in 13-1-13. 2, Control pests on trees located on public rights-of-way adjacent to the owner's private real property. 3, Provide water sufficient to keep trees located on public rights-of-way adjacent to the owner's private real property in a healthy, growing condition, C, Protection/Preservation 1. Obtain a pel111it from the City Arborist before performing any activity which may harm any part of a public tree (inclusive ofthe critical root zone). Tree/ForeslIy Ordinance October 2002 Page 8 of 15 13-1-8.2 2, Notify the City Arborist when any part of a public tree is damaged or destroyed, Responsibilities for Private Trees: A. Routine Tree Maintenance 13-1-8.3 L Removal or pruning of trees located on the owner's private real property that are considered a public nuisance or a hazard as defined in 13-1-13, 2. Branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance of 8 feet over the sidewalk and 14 feet over the street so as not to interfere with public travel. 3, Control of pests or disease in trees located on the owner's private real property which may, upon determination by the City Arborist, pose a threat to public trees, 4. Removal of all debris (wood, branches & leaves) from public property by sunset of the day on which any tree work is done, Responsibilities for Alley Trees: A. Prune, remove or otherwise abate public nuisances or a hazard as defined in 13-1-13, 13-1-9 PERMITS: A. No person may perform any of the following acts without first obtaining from the City Arborist a pemlit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as required by law: 1. Plant trees on public rights-of-way or in any public places, 2. Prune, cut, remove or otherwise disturb any public tree, This provision shall not be construed to prohibit owners of property adjacent to public rights-of- way from watering or fertilizing such trees. 3. Attach any object to public tree(s). 4, Dig, trench, excavate or pile sailor any other materials within the critical root zone of public trees. Trce/Fore'lry Ordinance October 2002 Page 9 of 15 B. Permit Application Procedures: 1, Contact the City Arborist via mail, phone, fax or email prior to commencement of the proposed work. 2. Upon inspection, the City Arborist may issue a permit to perform any ofthe acts specified in part A of this section, 3, The City Arborist may condition the approval of any permit. C, Requirements: Tree Planting Permits: 1. Each application for a planting permit shall designate the species and variety of public tree proposed, The City Arborist shall designate the location of the planting as outlined in the Meridian Landscape ordinance. 2, Approval of tree species, spacing, placement and minimum tree well sizes are contained in the Meridian Landscape Ordinance and shall be reviewed by the City Arborist prior to issuance of a permit. 3. Whenever any tree is planted or set out in conflict with the provisions ofthis Chapter, or the Meridian Landscape Ordinance it shall be lawful for the City Arborist to remove or cause removal of the same. The cost of removal of such tree may be charged to person responsible for the planting thereof. D. Requirements: Tree Pruning/Removal Permits: 1. Prior to pruning or removal of any public tree, an application for permit must be made by the property owner or private tree firm currently licensed by the City. 2, Whenever a tree on public rights-of-way is removed, the applicant shall replace the tree removed as a condition of issuance of a permit for removal, unless such requirement is waived by the City Arborist for good cause shown, Conditions may include a requirement for compensatory payments as set forth in 13-1-11. 13-1-10 DAMAGING, DESTROYING or MUTILATING PUBLIC TREES: It shall be unlawful for any person to: A. Damage, mutilate or destroy any public tree. B. Attach any device or structure (i,e. tree houses, lights) to or on public trees unless otherwise authorized by the City Arborist. Tree/Forestry Ordinance October 2002 Page 10 of15 C, Store, spill or dump substances, whether liquid or solid, which may be harmful to trees, on any part of a public tree or within the critical root zone of a public tree. D, Damage public trees through construction activities in violation of the conditions of a permit issued under this Chapter. Such activities include, but are not limited to: 1. Making excavations or cuts in the soil near roots of public trees unless otherwise approved by the City Arborist. 2. Damage roots of a public tree by compacting or placing fill within the critical root zone of a tree. 3, Engage in any pruning activity on public trees not in accordance with ANSI 2133.1, or A300 including, but not limited to: topping, heading, rounding or shearing unless otherwise approved by the City Arborist. 13-1-11 COMPENSATORY PAYMENTS: In the event any person removes, destroys or damages any public tree except as otherwise required by law, that person shall be required to replace such tree with a tree(s) of equivalent dollar value on public property, unless otherwise determined by the City Arborist. The value of a tree shall be determined by the City Arborist in accordance with accepted plant appraisal methods as set forth in the 9th edition of The Guide for Plant Appraisal, published by the International Society of Arboriculture or the same as amended from time to time. Ifno suitable location exists in the vicinity of the tree removed or if the replacement tree(s) is oflesser value, the person causing the tree to be removed shall make a compensatory payment to the City of Meridian equal to the difference in value between the tree removed and any replacement tree(s), Any public tree that is determined by the City Arborist to be damaged, but not sufficiently to justify its removal, shall be considered to be devalued. The amount of devaluation shall be paid to the City by the person causing the damage. Compensatory payments shall be paid into a fund established for that purpose and restricted to use for community forestry programs, Nothing in this Ordinance shall prohibit Meridian City from negotiating agreements with other governmental entities regarding penalties and compensatory payment for removal, damage or destruction of public trees. 13-1-12 PENALTIES FOR VIOLATION: A. Any person who violates any provision of this Chapter or who fails to comply with a lawful order of the City Arborist shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Chapter may be punished by a fine not to exceed $300 or be imprisoned in the Ada County Jail for a period not to exceed 6 months or by both such fine and imprisonment. B. In addition to any criminal penalties that may be imposed, the City may pursue civil penalties and restitution for actual damages as set forth in 13-1-1 L Tree/Forestry Ordinance October 2002 Page 11 of 15 13-1-13 PUBLIC NUISANCES OR HAZARD TREES: The following are hereby declared public nuisances or hazard under this Chapter: A. Any tree or part thereof (public or private) which, by reason oflocation or condition, constitutes a hazard to public safety as determined by the Arborist evaluating the tree according to Intemational Society of Arboriculture hazard tree evaluation standards. B. Any tree or part thereof (on public or private property) which obstructs the free passage of pedestrian or vehicular traffic or which obstructs public street lighting, C. Any tree or altemate host plant or part thereof (on public or private property) which harbors pests or disease which may be discovered by observation, or lab testing, that reasonably may be expected to injure or harm the healthy population of trees in City limits, or impact area, 13-1-14 ABATEMENT OF PUBLIC NUISANCES OR HAZARD TREES: The following are the prescribed means of abating public nuisances or hazard trees under this Chapter: A. Any tree or altemate host plant or part thereof (public or private) declared to be a public nuisance or a hazard as set forth in 13-1-13 shall be pruned, removed or otherwise treated in accordance with the requirements of this Chapter. Except for removal of trees from public rights-of-way, all costs for nuisance and hazard abatement are the responsibility of the adjacent property owner. B. The City Arborist may cause a written notice to be personally served or sent by mail to the owner of the particular property. C. In the event the nuisance or hazard is not abated by the date specified in the notice, the City Arborist is authorized to cause the abatement to be done. The reasonable cost of such abatement may be charged to the subject property owner, Monies which have not been recovered through the City bill-collection procedures may result in a lien against the property or assessed on taxes as provided for in Idaho Code Title 50, In addition, the owner of the property upon which the nuisance or hazard is located may be subject to prosecution under this Chapter, or any other Chapter of the City Code or the Idaho Code for maintaining a public nuisance, Nothing in this provision shall be construed to exempt any person from the requirement of obtaining permits under 13-1-9. D. The City Arborist is empowered to cause the immediate abatement of any nuisance or hazard ifit is determined by the City Arbonst to be an emergency or immediate danger to public safety. E. If the City Arborist determines that disposal of the wood, branches and soil from removal or pruning of a nuisance tree is required to complete abatement, such Tree/Forestry Ordioanee Oclober 2002 Page 12 0 f 15 disposal shall be done as required by the City Arborist. All costs associated with the disposal of material from private trees shall be the responsibility of the property owner. 13-1-15 LICENSING OF TREE AND LANDSCAPE SERVICES: It shall be unlawful for any person to engage in the trade or commercial business of pruning or removing trees located on public property, without first procuring a license from the City Arborist. A. Each applicant for a license or renewal thereof shall make application to the City Arborist on a form to be furnished by the City, The form shall be signed by the applicant and shall show such information as may be required by the City Arborist. Information shall include, but is not limited to: 1. In what name the business is to be conducted as well as the name, business address, home address and telephone number of the company president or owner(s), 2, Proof of current arborist certification with the International Society of Arboriculture by at least one individual on staff of the business in a supervisory position, or an Arborist working on the job site. 3, Demonstration that arboricultural work is in accordance with ANSI A300 and Z 133.1 may be required prior to approval of license. 4. A certificate of liability and property damage insurance executed by an insurer authorized to transact business within the State, such policy of insurance to provide not less than $500,000 or the amount currently required by Idaho Code Title 6. B, The City Arborist shall, after examining the applicant's qualifications, either approve or disapprove the application. lfthe application is approved, the applicant shall file the application with the City Clerk together with the annual license fee of twenty five dollars ($25,00). This license shall be issued by the Meridian City Clerk for the calendar year, or balance of the calendar year only. C. The City Arborist is authorized to suspend or revoke the tree care license of any person that performs work which does not comply with the provisions of this chapter. Failure to maintain arborist certification or required insurance shall also result in suspension or revocation. Tree/Forestry Ordinance OClober 2002 Page 13 of 15 13-1-16 APPEALS: A. Any person affected by an order, grant, denial, or revocation of a license or permit by the City Arborist may appeal such order, grant, denial or revocation to the Parks and Recreation Commission. B, Such appeal shall be filed in writing with a twenty-five dollar ($25.00) fee and submitted to the Director of the Meridian Parks & Recreation Department within 10 days of the date of notification of the City Arborisfs ruling, C. The appeal shall be heard by the Parks and Recreation Commission. Action by the City Arborist and the appellant shall be delayed until the decision of the Parks and Recreation Commissioners is rendered, D. The Parks & Recreation Commission may in conformity with the provisions of this Chapter reverse or affirm or modify wholly or partly, the order, grant, denial or revocation of any license or permit. E. Any person affected by the decision of the Parks & Recreation Commissioners may appeal the decision to the City CounciL F, Such appeal shall be filed in writing with a fifty dollar ($50,00) fee and submitted to the City Clerk within 10 days of the date of notification of the decision of the Parks & Recreation Commissioners. G, The appeal shall be heard by the City Council. Action by the City Arborist and the appellant shall be delayed until the decision of the City Council is rendered, H. The City Council may in conformity with the provisions of this Chapter reverse or affirm or modify wholly or partly, the order, grant, denial or revocation of any permit and the decision of the Park Board of Commissioners, I. The decision of the City Council shall be final. 13-1-17 SEVERABILITY: The provisions ofthis chapter shall be deemed severable and a finding by a court oflaw that a provision of this chapter is unlawful shall have no effect on the remaining provisions. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and arumlled, SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for Tree/Fore,try Ordinance October 2002 Page 14 of 15 any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY CO~CIL OF THE CITY OF MERIDIAN, IDAHO, this /70 day of ecember ,2002. APPROVED BY THE MAYOR 4e THE CIJ'Y OF MERIDIAN, IDAHO, this I 7 I!:: day of Cern be r ,2002. Attest: ~ Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall\2002 ORD\Tree Ordinance.doc Tree/Forestry Ordin.nee Oelober 2002 Page 15 of 15 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 County, State of Idaho, do hereby certify that the attached copy of Ordinance No, tJ 2 - tf 9 tJ, p~ssed by the City Council o~ the City of Meridian, on the / '7~ day ?f &..cepl1. iJ.tr ,2002, IS a true and correct copy of the onglnal of said document which is in the care, custody and control of the City Clerk of the City of Merl'dl'an \\\\11I1IlIrtll1/ , \1\\ f M"- '" ,,\\ ..J 0 t::.RIDJ ''''1, ...... ,,(, IAf ~ ....~ &.... ~ru:. . -11,.- ~ $ CP -''"'i)-~ ~~ ~ ~ 0 ~ . Ar.1 [ ~ ~':-#~tfrl9-. -,. f'J WILLIAM G, BERG, JR, -..,. 050::- -;;. VQ '\ o~ ~"7.o Usr 15"\ . ~ $' -:-. ':"'f d'\'?- ~ /?... Co \V ,....... "......'f Vf'.rf.'i. \\\" STATE OF IDAHO, If!:">'f).;.:,.."~\\\\\\ : ss. County of Ada, ) On this {1-th- day of I:Y-CUN'LVJ...tfL.., I in the year 2002, before me, the undersigned, a Notary Public, appeared WILLIAM G, BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian, .......... ..~. ~~NA'~!... .. "'O't~~~. (S EAL) ".0, / ~ J..:. \?~ .. ( \ .. .. I . . , .. .. , . .. ~ L .. ... .p,;",......-!bm..~...~." .; .f;f.;.::.--~,rt;~... ..'l.J:lOF ~... .......... ~hlUWY\Srvu~ Notary Public of Idaho Commission Expires: Lf - 2 <6 - 0'$ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN Jl<* TX CONFIRMATIlJ," REPORT >1<>1: AS OF DEC 18 '02 12:07 PAGE. 01 CITY OF MERIDIAN DATE TI ME TO/FROM 21 12/18 12:07 M.D.WILLIS, INC, MODE MIN/SEC PGS CMD~ STATUS EC--S 130' 27" 001 155 OK CITY OF MERIDIAN ORDINANCE NO. 02- q q 0 BY: 7amrnp AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW TITLE 13 PARKS OF THE MERIDlAN CITY CODE PROVIDlNG FORA CHAPTER TO BE KNOWN AS THE MERIDIAN FORESTRY ORDINANCE; PROVIDING FOR DEFINITIONS, FINDINGS, STATEMENT OF PURPOSE, JURISDICTION, ESTABLISHMENT AND DUTIES OF THE CITY ARBORIST, INTERFERENCE WIT.H CITY ARBORlST UNLAWFUL, RESPONSmILlTIES OF ADJACENT PROPERTY OWNERS, PERMITS, DAMAGING, DESTROYING OR MUTILATING PUBLIC TREES, COMPENSATORY PAYMENTS, PENALITlES FOR VIOLATION, PUBLIC NUISANCES OR HAZARD TREES, ABATEMENT OF PUBLIC NUISANCES OR HAZARD TREES, LICENSING OF TREE AND LANDSCAPE SERVICES, A'PPEALS, SEVERABILITY, CONFUCT, VALIDITY, SA VlNGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW, TImREFORE, BE IT ORDAINED BY THE MA..YOR.AND CITY COUNCD.. OF THE CITY OF MERIDIAN. ADA COUNTY, IDAHO: SECTION 1: A new Title 13 PARKS is hereby enacted and shall read as follows: 13-1-1 TITLE: This Chapter shall be known as the Meridian Forestry Ordinance, 13-1-2 DEFINITIONS: For the purposes oftms Chapter, the following words and phrases shall have the following meanings: ADJACENT PROPERTY OWNER: Any person owning propeny adjacent to public rights-of-way. ALTERNATE HOST PLANT: One of two kinds of plants on which a pest must develop to complete its life cycle, ANSI Z133.1- 2000, and A300, 2001 This is a document offering basic performance standards for THE AMERICAN NATIONAL tree pruning, published in 1994 and revised in 2000 by the STANDARD FOR ARBOlUCUL TURAL American National Standards Institute (ANSI) or the OPERATIONS - PRUNING, same as amended from time to time. REPAmING, MAINTAINING, REMOVING TREES, CUTTING BRUSH AND SAFETY REQUIREMENTS: TmJFC"'\I)'OI~ill= O<l<>b<r:002 Page I of 13 CITY OF MERIDIAN ORDINANCE NO. ()2 -- 11/ AN ORDINANCE AMENDING ORDINANCE NO. 01-928 BY: /<eiffv 6/r~ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO. 01-928 PERTAINING TO THE FLOOD DAMAGE PREVENTION AMENDING SECTION 10-6-2, DEFINITIONS - LOWEST FLOOR BY THE ADDITION AND ELIlVUNA TION OF WORDS WITHIN THE DEFINITION, AND AMENDING SECTIONS 10-6-5 A. 1. a., 10-6-5 A. 2. 8. AND c., PROVISIONS FOR FLOOD HAZARD REDUCTION - ANCHORING, CONSTRUCTION MATERIALS AND METHODS, BY THE ADDITION AND ELIMINATION OF WORDS WITHIN THOSE SECTIONS, AND BY THE ADDITION OF A NEW SUBSECTION 10-6.5 A. 6. CRA WLSPACES; AND BY AMENDING SECTIONS 10-6-5 B. 1. 3. AND b. PROVISIONS FOR FLOOD HAZARD REDUCTION - SPECIFIC STANDARDS - RESIDENTIAL CONSTRUCTION BY THE ADDITION AND/OR ELIMINATION OF WORDS WITHIN THOSE SECTIONS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 10-6-2 DEFINITIONS - LOWEST FLOOR of the Meridian City Code, be, and the same is hereby amended to read as follows: 10-6-2 DEFINITIONS: LOWEST FLOOR: The lowest floor ofthe lowest enclosed area (including basements but excluding allowable below grade crawlspaces). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the application nonelevation design requirements of this Chapter found at subsection 1 0-6-5B 1 of this Chapter. A1v1ENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 1 SECTION 2: That Section 10-6-5 A. 1. a PROVISIONS FOR FLOOD HAZARD REDUCTION - GENERAL STANDARDS - ANCHORING of the Meridian City Code, be, and the same is hereby amended to read as follows: 10-6-5 PROVISIONS FOR FLOOD HAZARD REDUCTION = A. General Standards: In all areas of special flood hazard, the following standards are required: 1. Anchoring: a, All new construction. including buildings designed with sub-grade crawlspaces. and substantial improvements shall be designed and adequately anchored to resist floatation. collapse. and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy anchored to pre'v'cnt flotation, collapse, or lateral movement of the structure, b, All manufactured homes must likewise be anchored to prevent flotation; collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Area" guidebook for additional techniques). SECTION 3: That Section 10-6-5 A. 2. a and c PROVISIONS FOR FLOOD HAZARD REDUCTION - GENERAL STANDARDS - CONSTRUCTION MATERIALS AND METHODS of the Meridian City Code, be, and the same is hereby amended to read as follows: 10-6-5 PROVISIONS FOR FLOOD HAZARD REDUCTION: A. General Standards: In all areas of special flood hazard, the following standards are required: 2. Construction Materials And Methods: a. All new construction and substantial improvements. including those that have portions of the building below the BFE. shall be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also all ioints. insulation or other materials that extend below the BFE shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 2 c. All building utility systems. including electrical. heating, ventilation. plumbing, air conditioning, ductwork and other service facilities shall be elevated above the BFE or otherwise protected so that floodwaters cannot enter or accumulate within the system components during flood stage. Electrical, heating, v-cntilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/-or othenvise elevated or located so as to prevent '.-vater from entering or accumulating within the components during conditions of flooding. SECTION 4: That Section 10-6-5 A PROVISIONS FOR FLOOD HAZARD REDUCTION of the Meridian City Code, be, and the same is hereby amended by the addition thereto of a new subsection 6., and to read as follows: 10-6-5 PROVISIONS FOR FLOOD HAZARD REDUCTION: A General Standards: In all areas of special flood hazard, the following standards are required: 6, Crawlspaces: a, The interior grade of a crawlspace shall not be more than 2 feet below the lowest adjacent exterior grade. b. The height orany below grade crawlspace, measured from the interior grade of the crawlspace to the top to the crawlspace foundation wall shall not exceed four (4) feet at any point. c. An adequate drainage system that removes floodwaters from the interior of the crawlspace. within a reasonable time after a flood event shall be required for all homes with a below grade crawlspace. The design of the drainage plan shall be approved by the public works department prior to the issuance of a building permit. d. The velocity of floodwaters at the building site shall not exceed 5 feet per second for any crawlspace. e. Below grade crawlspace construction in accordance with the requirements listed above will not be considered basements, f. Applicants building below grade crawlspaces within the floodplain shall be notified that flood insurance premiums will not be able to be determined by agents using the NFIP Flood Insurance Manual. They must submit for a AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 3 special rating under the "Submit to Rate Process" by an underwriter familiar with below grade crawlspace construction. SECTION 5: That Section 10-6-5 B. 1. a and b PROVISIONS FOR FLOOD HAZARD REDUCTION - SPECIFIC STANDARDS -RESIDENTIAL CONSTRUCTION of the Meridian City Code. be. and the same is hereby amended to read as follows: 10-6-5 PROVISIONS FOR FLOOD HAZARD REDUCTION: B. Specific Standards: In all areas of special flood hazard where base flood elevation data has been provided as set forth in subsection 10-6-3B or subsection 10-6-4C3 oftrus Chapter; the following provisions are required: 1. Residential Construction: a. New construction and substantial improvement of any residential structure shall have the lowest floor. excluding approved below grade crawlspaces including basement. elevated to or above base flood elevation, b, Fully enclosed areas. other than allowable below grade crawlspaces. which below the lowest floor that are subject to flooding are prohibited. or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters, Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1) A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, 2) The bottom of all openings shall be no higher than one-foot (1) above grade. 3) Openings may be equipped with screens. louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters, SECTION 6: All ordinances, resolutions; orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, SECTION 7: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAlN 4 declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid, SECTION 8: DATE OF EFFECT: This Ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law, P ASSEB,BY THEL~OUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 17 ~ day of 1)f;{:efJvfft'L-', 2002, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 17& day of .j){Cehvbtv' ,2002. ATTEST: 1/1 S~AL City Clerk ~"6 ~c/ 2 " Q ",,,, o~ (2 (7 /7 '1 ~ ~ 'I..;~ir 1<:-1' ' ~ $ First Reading: .- . -v t--- ."\..... ';4j . ~ "" ~"?- "-.,,,:;,'::- Adopted after first readmg by suspenslOn...&.(,~~,Ritl~ ~~\~lliwed pursuant to Idaho Code 50- 902 "#ii!$i!.r;;;;~~ ~~~.~~t~. Yes: Y No: Second Reading: Third Reading: ---'" AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 5 STATE OF IDAHO,) ss. County of Ada. ) On this \ \\ day of \tteJ\~~--uv , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G, BERG, lR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrwnent, 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 abov~O\!1i~. <()l'ON SJl';,~ ~o ,~~~--~~~~ooo 00 " 0 "fA..!( b->Cr.c- Q ,'~ -r- ~~o at? t ""i \ 0- III t I 0 P : I t:l tl , I S p \ ' I:J 0. I Q Q.. C '0 t} (>Q9..p~..~~.....~o"'o <l>o.....1:&O'F1S? <!)e- I!IO,"" ",tl";ilo Z:\ Work\M\MeridianlMeridian 15360M\Ordinances City Hall\2002 ORD\AmendoRD928FloodDamagePrevANDFloodPlainORD030402,doc (SEAL) ~hD)l~ 2f)~ NOTARYPUB~i,JFORlDAHO RESIDING AT: /+C{tl 'Otkru1:eX ...}rltt..hO MY COMMISSION EXPlRES:~7>-06 AMENDING ORDlNANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 6 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 ofIdaho I, WILLIAM G. BERG, JR" City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. '$1: - cfCf I , passed by the City Council of the City ofMeridiau, on the 11-(!:. day of '(-eh/l~ ,2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \\\\\\\l11l~~1~1111111 ,~~~ Of Iv/El?'lo/lll~ " ~, '''1 // ,;-' CJ o\\POR..q)'; "I, \ ~ ~0 .,<'0 ~ A~A~, WILLIAM G. BERG, JR, SEAL "l"c..~ 6':!! ~-Glh. {o '.0 ~ -:.. 1b ~Q'r 151 . y:>...."::- ~ ~ ~ .:('\<tt ,$' '/.11/1 ""utJr,m . 'I."" \\,...... II,. . \\\\ 'Ipm~~ I~U\\\ ~ STATE OF IDAHO, ) : ss, County of Ada, ) On this '1'1 day of lJt(pn-vbe.( , in the year 2002, before me, the undersigned, a Notary 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, (SEAL) gQlSOtlQ(j ",Q"J> N S~'? Q ~,____~~o$ t1QQ /~O'f~):..~. QCO' ''V \;:rP- tI I \ (l Cl t 1 tl .. t : : III I I liI tl \ I t:I '" \ .b._ C' ~ ~. U'......:: UJjl.>~'~~'PoQ 04>~A";"---' ...n~$ .~".i3OF ~<:lo. QIIi1QII IiiltilI'I'i1 ~VLtL1 ~I ~ ~ Notary Public for Idaho Commission Expires: 04 -2.. 'b. oC? z:\ Work\M\Meridian\Meridian 15360MlOrdinallces City Hall\2002 ORD\CertOIClkFloodDamagePrcvcntioll and Floodplain amending ord No. 01- 098.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF lv1ERIDIAN *>1< TX CONFIRMATJul~ REPORT >1<* AS OF DEC 18 '02 13:12 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 11 12/18 13:11 M,D,WILLIS, INC. MODE MIN/SEC PGS CMD~ STATUS EC--S 00'26" 001 164 OK ----------------~----------------~----------------~----------------------------------------- CITY OF MERIDIAN ORDINANCE NO. (}2-'-- 19/ AN ORDINANCE AMENDING OlIDINANCE NO. 01-928 BY: l(ei{A.- 6ir~ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO. AMENDING ORDINANCE NO. 01-928 PERTAINING TO THE FLOOD DAMAGE PREVENTION AMENDING SECTION 10-6-2, DEFINITIONS - LOWEST FLOOR BY THE ADDITION AND ELIMINATION OF WORDS WITHIN THE DEFINITION, AND AMENDING SECTIONS 10-6--5 A. 1. 3.. 10-6-5 A. 2. a. AND c., PROVISIONS FOR FLOOD JIAZARD REDUCTION - ANCHORING, CONSTRUCTION MATERIALS AND MEmODS, BY TJIE ADDITION AND ELIMINA nON OF WORDS WITHIN THOSE SECTIONS, AND BY THE ADDITION OF A NEW SUBSECTION 10-6.5 A. 6. eRA WLSPACES; AND BY AMENDING SECTIONS 10-6-5 B. 1. a. AND b. PROVISIONS FOR FLOOD HAZARD REDUCTION - SPECIFIC STANDARDS - RESIDENTIAL CONSmUCTlON BY THE ADDITION AND/OR ELIMlNATION OF WORDS WIT.HIN THOSE SECI10NS; AND PROVIDING AN EFFECTIVE DATE. NOW, TRE.'REFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY O)~ MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 10-6-2 DEFINITIONS - LOWEST FLOOR of the Meridian City Code, be, and the same is hereby amended to read as follows: 10-6-2 DEFINITIONS: LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basements but expluding allowable below grade crawlspaces). An unfinished or flood resistant enclosure, usable solely for parking ofvehic1es, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the application nonelevation design requirements of this Chapter found at subsection 10~6-5Bl of this Chapter. AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 1 CITY OF MERIDIAN ORDINANCE NO. 02- cj q 3 BY: )J// I ;./ tJ'./L 0/ l/ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 1, TITLE 10, BUILDING CODE OF THE MERIDIAN CITY CODE AND REENACTING CHAPTER 1, TITLE 10 TO INCORPORATE THE INTERNATIONAL BUILDING CODE; PROVIDING FOR SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 1 of Title 10 of the Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Chapter 1 of Title 10 ofthe Meridian City Code, be, and the same is hereby reenacted and shall read as follows: SECTION: 1 o~ 1-1 : 10-1-2: 10-1-3: 10-1-4: 10-1-5: 10-1-6: 10-1-7: 10-1-8: 1 o~ 1-9 Adoption Of Intemational Building Code Adoption Of Uniform Code For Abatement Of Dangerous Buildings Adoption Of Uniform Code For Building Conservation Amendments To International Building Code Mobile Homes, Trailer Houses And Prefabricated Structures Solid Fuel Heating Appliances: Savings Clause Validity Penalties BUILDING CODE ADOPTING INTERNATIONAL BUILDING CODE CHAPTER 1 TITLE 10 1 10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE, INTERNATIONAL ENERGY CONSERVATION CODE AND THE INTERNATIONAL RESIDENTIAL CODE: There is hereby adopted by the Mayor and the City Council, for the purposes of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height, area, and maintenance of all buildings or structures; providing for the issuance of permits, and collection of fees thereof; providing for penalties for the violation thereof, that certain building code known as the International Building Code, International Residential Code, parts I-IV and IX and International Energy Conservation Code, including all appendices published by the International Code Council, being particularly the 2000 Edition thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by Section 10-1-4 ofthis Chapter, on file in the City Clerk's office, and the same are hereby adopted and incorporated in full as if set forth at length herein. From the date in which this Chapter takes effect, the provisions thereof shall be controlling within the limits of the City. (Appendix A to the International Building Code is not adopted,) 10-1-2: ADOPTION OF UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS: There is hereby adopted by the Mayor and the City Council for the purpose of providing a just, equitable and practicable method, to be cumulative with and in addition to any other remedy and regulation provided by the building code, housing code or otherwise available by law, the designation of unsafe buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public; providing the procedural guidelines for the condemnation of any dangerous building or structure located within the City, the Uniform Code for the Abatement of Buildings, 1997 Edition, as copyrighted by the International Code Council, and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by Section 10-1-4 of this Chapter, on file in City Clerk's office, and the same are hereby adopted and incorporated in full as if set forth at length herein, From the date in which this Chapter takes effect, the provisions thereof shall be controlling within the limits of the City, 10-1-3: ADOPTION OF UNIFORM CODE FOR BUILDING CONSERVATION: There is hereby adopted by the Mayor and the City Council, for the purpose of regulating the continued use or reuse oflegaIly existing buildings and structures; providing the minimum standards for change of occupancy, alteration or repair of existing buildings and structures, to be cumulative with and in addition to any other remedy and regulation provided by the building code, housing code or otherwise available by law, the Uniform Code for Building Conservation, 1997 Edition, as copyrighted by the International Conference of Building Officials, and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by Section 10-1-4 of this Chapter, on file in the BUll-DING CODE ADOPTING INTERNATIONAL BUlLDING CODE CHAPTER 1 TITLE 10 2 City Clerk's office, and the same, are hereby adopted and incorporated in full as if set forth at length herein. From the date in which this Chapter takes effect, the provisions thereof shall be controlling within the limits of the City, 10-1-4: AMENDMENTS TO INTERNATIONAL BUILDING CODE: Section 105,1 International Building Code be and the same is amended with the addition of subsection 105.1.01 to provide as follows: 105.1.01 Permits Required For Prefabricated And Mobile Structures: No prefabricated structure, mobile home, or house trailer shall be installed, erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building officiaL Section 108.2 International Building Code be and the same is amended to provide as follows: 108.2 Permit Fees. The fee for each permit shall be as set forth pursuant with a schedule of permit fees as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the building officiaL The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Section 312.1 International Building Code be and the same is amended with the deletion of the requirement for agricultural buildings to comply with the International Energy Conservation Code. Section 1805.4 International Building Code be and the same is amended with the addition of subsection 1805.4,6 to provide as follows: 1805.4.6 Wood. Regardless of the provisions of the Uniform Building Code, this Chapter, related Chapters, Appendices or Tables, the City of Meridian shall not allow wood, treated or otherwise, to be used for footings or foundations. 10-1-5: MOBILE HOMES, TRAILER HOUSES AND PREFABRICATED STRUCTURES: BUILDING CODE ADOPTING INTERNATIONAL BUILDING CODE CHAPTER 1 TITLE 10 3 Any mobile home, house trailer, or prefabricated structure constructed prior to moving in or placement on any lot or parcel within the City shall be considered as a building or structure subject to regulation by the 2000 International Building Code, 10-1-6: SOLID FUEL HEATING APPLIANCES: A. Short Title And Purpose: This Section shall be known and cited as the SOLID FUEL HEATING APPLIANCE ORDINANCE. The purpose of this Section is to protect air quality resources vital to public health and safety and the economic future of Meridian by controlling emissions from the burning of solid fueL B. Definitions: For the purpose ofthis Section, the following terms, phrases, words and derivations shall have the meanings herein. The word "shall" is always mandatory and not merely directory, BUILDING: Any structure, dwelling, office, industrial plant, garage, or barn, whether publicly or privately owned or any other structure as defined by the International Building Code as adopted by Section 10-1-1 of this Chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as clean burning by the Oregon Department of Environmental Quality. PERSON: Any individual, firm, partnership, association, corporation, company, organization, or government entity. SOLID FUEL: Any form of untreated wood or coal, SOLID FUEL HEATING APPLIANCE: A device designed for solid fuel combustion so that usable heat is derived for the interior of a building, including, but not limited to, solid fuel fired cooking stoves, pot-bellied stoves, franklin stoves, airtight stoves, fireplace inserts, or combination fuel furnaces or boilers which burn solid fuel. Fireplaces with air to fuel ratios that exceed thirty (30) to one are exempt. C. Solid Fuel Heating Appliance Permits: 1. It shall be unlawful for any person in the City to install a solid fuel heating appliance in any new or existing building without first obtaining from the City Building Inspector a solid fuel heating appliance permit. 2. It shall be unlawful on or after the effective date hereof for any person in the City to advertise for sale, offer to sell, or sell, for installation in any new or existing building, a solid fuel heating appliance which has not been certified as clean burning by the Oregon Department of Environmental Quality. D. Issuance Of Solid Fuel Heating Appliance Permits: BUILDING CODE ADOPTING INTERNATIONAL BUILDING CODE CHAPTER 1 TITLE 10 4 1. No solid fuel heating appliance permit shall be issued by the City Building Inspector or his designee for the installation of a solid fuel heating appliance which has not been certified as clean burning by the Oregon Department of Environmental Quality. 2. The City Building Inspector shall maintain a list of appliances certified to be clean burning by the Oregon Department of Environmental Quality. E. Denial Of Permit: 1. Upon a showing of sufficient cause to believe that grounds exist for the denial of a permit, the City Building Inspector or his designee may deny said permit by sending a written notice containing the grounds for said denial and the applicant's appeal rights to the City Council. Such written notice shall be mailed regular first class postage, 2, Failure of a person to actually receive a notice sent shall not invalidate the denial. 3. The applicant, upon receiving notice of the denial, may appeal said denial by filing a written application with the City Clerk for a hearing before the City Council. Such written appeal must be filed with the City Clerk within fifteen (15) days of the issuance date of the notice of denial. F, Denial Hearing And Determination By Board: At any hearing before the City Council pursuant to this Section applicant may present evidence, call witnesses and be represented by counsel. Within fifteen (15) working days after the date of the hearing, the City Council shall, after making appropriate findings, either: 1. Uphold the denial by the Building Inspector or his designee, or 2. Allow the issuance ofthe permit. G. Appeal Of Decision Of Board: The decision of the City Council on a denial shall be final and conclusive, Appeal from a decision of the City Council must be made to the District Court of the State of Idaho, in and for the County of Ada under the Idaho Administrative Procedures Act. H. Cooperation With Boise City And Ada County In An Incentive Program: The City shall cooperate with the City of Boise and Ada County in endeavors to create, and, if possible, provide funding for an incentive program for the installation of clean burning solid fuel heating appliances in buildings. 10-1-7: SAVING CLAUSE: BUILDING CODE ADOPTING INTERNATIONAL BUILDING CODE CHAPTER 1 TITLE 10 5 Nothing in this Chapter or in the International Building Code or Uniform Code for Building Conservation, as adopted and amended herein shall be construed to affect any suit, action, or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Chapter. 10-1-8: VALIDITY: The City Council hereby declares that any section, paragraph, sentence or word of this Chapter or of the International Building Code or Uniform Code for Building Conservation, as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Chapter independent of the elimination herefrom of any portion as may be declared invalid. 10-1-9: PENAL TIES: A. Misdemeanor; Penalty Imposed: A violation of this Chapter is hereby declared to be a misdemeanor and any person who violates any of the provisions of this Chapter or of the International Building Code or Uniform Code for Building Conservation, as adopted and amended herein or fails to comply herewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the Board of Appeals as provided for under section 105 of the International Building Code or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor punishable as provided in Section 1-4-1 of this Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. B, Removal Of Prohibitive Conditions: The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions. C. Civil Action: Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this Chapter, the City Council may institute a civil action in the District Court to enforce compliance with this Chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this Chapter, a permit or temporary injunction, restraining order or other such relief as the Court deems appropriate may be granted. The City Council shall not be required to furnish any bond in said civil proceeding. BUILDING CODE ADOPTING INTERNATIONAL BUILDING CODE CHAPTER 1 TITLE 10 6 SECTION 3: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court oflaw that a provision of this chapter is unlawful shall have no effect on the remaining provisions, SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 6: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, on January 1,2003. PASSED BY THE <;ITY COUNCIL O~E. CITY OF MERIDIAN, IDAHO, this /7.11:: day of Cehv~ ,2002. . APPROVED BY THE MAYOR OF ~ CITY OF MERIDIAN, IDAHO, this /7 ~ day of c/Z /'"Iv ~ , 2002. . Attest: City Clerk SEAL ~ ~ 0_ ~ ~ ~.::- An Ordinance of tpe City of Meridian f%~l m1€f5"\ !$J.\f~ City Clerk First Reading: 12- -(7-(/) 2--- ;':'0</;1', Cbut'\n~'[ , ~":~""",,,, Adopted after first reading by suspension oftfieRule as'alfowed pursuant to Idaho Code 50-902: YES K NO Second Reading: Third Reading: - Z:\ W ork\M\Mcridian\Meridian l5360M\2002 Building Codc\BuildingCodcOrdwlnlcmationaICodcl20902.doc BUILDING CODE ADOPTING INTERNATIONAL BUILDING CODE CHAPTER 1 TITLE 10 7 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 County, State of Idaho, do hereby certifY that the attached copy of Ordinance No. ?l ;Z-t::j9;1, passed by the City Council of the City of Meridian, on the /7 f!:- day of Ue. ,2002, 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 ofMeridii'Wl1U1l1 \\\\,~ f!.,r,~. "11111/ ~" _i v~ W6 /1 11f. ~" :\~ r.,qA ~ i' c) ~PORfiI):' V(p' % A "" ,,0 /:-~... ~- -L. ,11 _ , f ~ 'Q ~ ~/df~- G. ; S~;.fkL ~ WILLIAM G, BERG, JR. tr V - ~ ~ -;. Y,,-- t;bCl E -;.. _ -<>} b. '" ,0.::: ..;. FA ~\::ir 1si . :<.";'- 'A... v ~ .:;; ST ATE OF IDAHv{IJ} Cbi~ t:Xf\[ , '(~\,v"", :II:$~,.' W ',',\\ County of Ada, ) (SEAL) On this \1'\ day of \JtC1Wv~( , in the year 2002, before me, 8\AJUVVYI 8'l'V'i -t\.r\ , a Notary Public, appeared WILLIAM G. BERG, JR" known or identified to me to be the City Clerk ofthe City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~-a..rntlt1o!;1 ."'ON SlJ.jo(J) Il~orfAii~<~. 0~~ -.r ",or€> :CfJ/ "'Y \ ~ : \ : =. Q 1 ~ ~ l tJ ." C'O ItJ ()Q .~..fvm..'\J..-:~ l ~-:-.(Jt ._-~"...n~4> '901t4111Eo'F li::'t>'$o(!> -mm""G- 8~CtA0Y1 Smi--Iev Notary Public for Ida1lo . Commission Expires: D4 -1-~ -0 S Z:\Work\M\Meridian\Mcridiall t 5360M\2002 Building Code\CcrtOlClkBuildingCodeOrdin3ncc.doc CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN CITY OF MERIDIAN ORDINANCE NO. 02- ? 11- BY: ICe f'- 1--'/1.. Ih )- dJ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 5, TITLE 10, MECHANICAL CODE OF THE MERIDIAN CITY CODE AND REENACTING CHAPTER 5, TITLE 10 TO INCORPORATE THE 2000 INTERNATIONAL MECHANICAL CODE AND FUEL GAS CODE; PROVIDING FOR SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 5 of Title 10 ofthe Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Chapter 5 of Title 10 of the Meridian City Code, be, and the same is hereby reenacted and shall read as follows: SECTION: 10-5-1 : 10-5-2: 10-5-3: Mechanical Code Adopted Amendments to International Mechanical Code Penalty Mechanical Code adopting 2000 International Mechanical Code 1 10-5-1: MECHANICAL CODE ADOPTED: That certain document, being marked and designated as the 2000 International Mechanical Code and Fuel Gas Code as published by the International Code Council, be and is hereby adopted as the code of the City for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat-producing appliances in the City which code provides for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such "International Mechanical Code, II 2000 Edition, published by the International Code Council, on file in the City Clerk's office, are hereby referred to, adopted and made a part hereof as if fully set out in this Chapter. 10-5-2: AMENDMENTS TO INTERNATIONAL MECHANICAL CODE: Section 103.2 shall read as follows: 103,2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction, 10-5-3: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor. SECTION 2: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court oflaw that a provision of this chapter is unlawful shall have no effect on the remaining provisions, SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word ofthis ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, on January 1,2003. Mechanical Code adopting 2000 International Mechanical Code 2 PASSED BY THE ~ITY COUNCIL OF ~ CITY Of MERIDIAN, IDAHO, this /7-1t- day of fe 1Zt-1.U/f.J ,2002. , APPROVED BY THE MAYOR OF ]:t CITY QF MERIDIAN, IDAHO, this 171ft- day of. .Celh~, 2002. rf?~[) ~~ Attest: Z:\Work\M\Mcridian\Meridian 15360M\2002 Building Code\MechanicalCodeOrd 1209 OZ.doc Mechanical Code adopting 2000 Intemational Mechanical Code 3 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 ofIdaho I, WILLIAM G, BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No, rJ2-9Cf 4-, passed by the City Council of the City of Meridian, on the /711:: day of /)eo. ,2002, is a true and correct copy ofthe original of said document which is in the care, custody and control ofthe City Clerk ofthe City of Meridit\l(nu ,\\\\1\ tlltllt :0.,...,\ cff fl.~'1'I.^ IIII,! ~..!-..l, Vlr" "... .} :s.,' -1A. ~ f () .....rp'??OA/j1;.~o.V % Jh" ~ ~ ~ ~ ~ ~',.-:.lff '- ~ :: ~~ ( ~ SEAL ~ WILLIAM G, BERG, JR, -=- 1': & ~ ~ ~ ,,0) 0.2 ~ 1b u.sr15\' ~ :-(,.:f S OF ill. T7t"-G\ ~ ----/ ,f'~ -> TATE f\.t1~4 ')Cv.hl~"'i": "",) x'':-~ '11f, ""l... T.., ..\ r!:~.s.; " " >,.\\,:.,. County of Ada, ) On this ~ day of fJte~Ai\l\.bt.{- , in the year 2002, before me, S-lrv:t.(lrf\S'(V~~f~~ , a Notary 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. 't\flU1"'OQ ~Q$ N S.1fJ..I4, Q r.-~-,~~6o Q09 l~oTA.i?;:,~. :'-':J{I ~\ \ J!l I C Pic ~ , l 1:1 III 'b-___" C' <J iii. &~..~ U.tl...."il..~~09()o () <# ~~jltoi{Q ~4> 4/4/nR tllllll>$ ~hM~nu'~~ Notary Public for Idaho Commission Expires: {)L( - 2f? -05 (SEAL) z:\ Work\M\McridianWeridian 1 5360M\2002 Building Codc\CcrtOrclkMcchanciaICodeOrdinance.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A, KEVIN E. DINIUS JULIE KL~lN FISCHER WM. F. GIGRAY, [II T. GUY HALLAM' D SM1UELJOF-INSON \VltLl,\M t\. MORROW WILLIAM F, NICHOLS' CHRISTOPHER S. Nn PmLlP A. PETERSON ERICA S. PJlILLlPS ERIC S. ROSSMAN TODD A. ROSSMAN DAVIDM SWARTL~Y P AM Et,\J . TARLOW TERRENCE R. WHITE" NICHOLAS L. WOLL~N ATTORNEYS AT LAw NAMP A OFFICE 5700 E, FRANKLIN RD" SUITE 200 NAMPA, IDAHO 83653.8402 TEL. (208) 466-9272 FAX (208) 466.4405 830 N. MAIN STREET, SUITE 200 POST OFFICE Box II SO MERIDIAN, [DAHO 83680-1 ]50 TEL (208) 288-2499 FAX (208) 288.2501 PLEASE REPLY TO MERlDlAN OFFICE · A[so admitted in OR .. Also admitted in W A December 12, 2002 William G, Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 RECEIVED DEe 1 3 2002 o City Of Meridian City Clerk Office Re: Ordinance No. 02- , (Mechanical Code Ordinance for the City of Meridian) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for the repealing of the Mechanical Code Ordinance to incorporate the International Mechanical Code and Fuel Gas Code for the City of Meridian, 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 ofIdaho Code S 50-901(A), Very truly yours, Wm. F. Nichols Enclosure Z:\WorkWWeridian\Meridian 15360M\2002 Building CodeWechanicalSumOrd 12 12 02.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 02- 194- PROVIDING FOR REPEALING OF THE MECHANICAL CODE TO INCORPORATE THE INTERNATIONAL MECHANICAL CODE AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 5, TITLE 10, MECHANICAL CODE OF THE MERIDIAN CITY CODE TO INCORPORATE THE 2000 INTERNATIONAL MECHANICAL CODE AND FUEL GAS CODE; PROVIDING FOR SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. A full text ofthis ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho, This ordinance adopts the International Mechanical Code promulgated by the International Code Council, and will be effective January 1,2003, City of Meridian ~ Mayor and City Council \.,.~ cf? f! By: William G, Berg, Jr" City Clerk % ~ ~r 151 . >\ if.9l First Reading: /2- - ~ 7 -0 Z- ,~"-t;; 'bE f;?,n;'{ , '0:)>::'; Adopted after first readmg by suspensIOn or'thffgi1fl~~.s',aHowed pursuant to Idaho Code 50-902: YES Y NO Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\2002 Building Code\McchanicalCodeSumOrd 12 12 02.doc ** TX CONF I RMAT llJd REPORT ** ( AS OF DEC 18 '02 13:19 PAGE. 01 CITY OF MERID1AN DATE TIME TO/FROM 12 12/18 13:16 M.D.WILLIS. INC. MODE MIN/SEC PGS CMD~ STATUS EC--S 00'21" 001 166 OK CITY OF MERIDIAN ORDINANCE NO. 02- If r 4- :BY; /~/flv ;;, 'rbL AN ORDlNANCE OF Tl:IE CITY OF .MERIDIAN, IDAHO, REPEALING CHAPTER 5, TITLE 10, MECHANICAL CODE OF THE MERIDIAN CITY CODE TO INCORPORATE THE 2000 INTERNATIONAL MECHANICAL CODE AND FUEL GAS CODE; PROVIDING FOR SEVERABILITY, CONFLICT, V AL1DITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF TIlE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SEcnON 1: That Chapter 5 of Title] 0 of the Meridian City Code, be, and the same is hereby repealed, SECTION 2: That Chapter 5 of Title 10 of the Meridian City Code, be, and the same shall read as follows: SECTION: 10-5-}: 10-5-2: 10-5-3: Mechanical Code Adopted Amendments to Tntemational Mechanical Code Penalty Mechanical Code adopting 2000 lnternational Mechanical Code ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/24103 12:02 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 7 111111111I111111111111111111111111111 103012606 CITY OF MERIDIAN ORDINANCE NO. tJ 2 - C; 12 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS THE BETTY LOU BRITTON PROPERTY LOCATED ON THE NORTH SIDE OF USTICK ROAD, WEST OF TEN MILE ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER, BETTY LOUBRlTTON, HAS MADE A REQUEST FOR ANNEXATION IN WRITlNGTO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED NEIGHBORHOOD BUSINESS DISTRlCT (C-N); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART 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 THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215, BE IT 0 RDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF 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 owner of said Property, to-wit: A portion ofthe East Fifteen Acres of the Southwest Quarter Southeast Quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel lying south and west of the existing Nine Mile Drain Ditch (formerly Eight Mile Drain Ditch) and being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-02-025) - 1 Commencing at a found Yz" iron pin marking the E1I4 Comer of said Section 34, TAN., R1 W" B.M" Ada County, Idaho, thence S. 0017'35" W. (fonnerly S,0012'W) 2643.52 feet along the east boundary of the said SE '14 of Section 34 and along the centerline ofTen Mile Road to a found Brass Cap marking the Section Comer common to Sections 34 and 35, TAN" Rl W., RM., Ada County, Idaho and Sections 2 and 3, T.3N., R1 W., B,M" Ada County, Idaho and also marking the centerline intersection of said Ten Mile Road and Ustick Road; thence N 89043 '00" W. 1815.32 feet along the south boundary of the said SE1/4 of Section 34 and along the said centerline of Us tick Road to a point marking the SW Comer of the said East Fifteen Acres ofthe SW '14 SE '14 of Section 34, said point bears S 89043'00" E. 825040 feet from a found Brass Cap marking the Sl/4 Comer of said Section 34, said point being witnessed by a set Yz" iron pin which bears N, 0012'41" E. (fonnerly N. 0012' E.) 25,00 feet, said point also marking the REAL POINT OF BEGINNING; thence N, 0012'41" E, (fonnerIyN. 0012' E) 760049 feet along the west boundary of the said East Fifteen Acres of the SWII4 SEl/4 of Section 34 to a set W' iron pin marking a point on the southwesterly boundary of the said existing Nine Mile Drain Ditch (fonnerly Eight Mile Drain Ditch), said point also marking a point along a curve to the left; thence along said southwesterly boundary of the existing Nine Mile Drain Ditch (fonnerly Eight Mile Drain Ditch) the following courses and distances: along said curve to the left a distance of72,79 feet, said curve having a delta of 20048'04", a radius of200.50 feet, tangents of36,80 feet and a long chord of72.39 feet which bears S, 62048'25" E. to a set W' iron pin marking the point of ending of said curve; thence S. 73012'27" E. 105.95 feet to a set W' iron pin marking a point of curve to the right; ANNEXATION AND ZONING ORDINANCE (AZ-02-025) - 2 thence along said curve to the right a distance of 100.29 feet, said curve having a delta of30005'55", a radius of 190,92 feet, tangents of 51.33 feet and a long chord of99,14 feet which bears S, 58009'30" E. to a set Y2," iron pin marking the point of ending of said curve; thence S. 43006'32" E, 45.13 feet to a set W' iron pin; thence S. 37025'41" E, 255,94 feet to a set W' iron pin; thence leaving said southwesterly boundary of the existing Nine Mile Drain Ditch (formerly Eight Mile Drain Ditch), S. 0045'38" E. 410.53 feet to a point on the said south boundary of the SE 1;4 of Section 34 and the said centerline of Us tick Road, said point being witnessed by a set Yi" iron pin which bears N, 0045'38" W, 25.00 feet; thence N, 89043'00" W, 444,70 feet along said south boundary of the SEl/4 of Section 34 and said centerline of Us tick Road to the point of beginning, containing 6.39 acres, more or less. Subject to any easements or rights of way of record or in use. 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 Neighborhood Business District (C-N). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE (AZ-02-02S) - 3 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law, SECTION 7: The Clerk of the City of Meridian shall, within ten (10) 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 mmexed, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy ofthis ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Codes163-2215 and S50-223. 'l\ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 171!:- day of Mc.ent,~ ,2002. ~ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /l-l~ day of ~cePv6vv ,2002. iii - n_ctY 8: ~~ AY R - - \ \ \ \ \ \ \ \Ill 1/ /I 'll' ,\. r: ~~;' .//. ATTEST' ",\~.J. O. :".:::.R.,!);I/.,,~. . ,::::' C}'" X\FO'-",. ~'<"'Zz,. -'::~" , ::: cp' '''I ik. .~~ ~ ~ "() ';:. . 1 - -..: >,' r1.1 ..... .:: ~~~- ':i l,t<:- <,- 0,' /,' ~ ~ Q17!1Ld =:: C1TY CLERK (/, ~ )? "-'~-" . rJ ;:: First Reading: ;2-/7 -tJ2-- %..... &Qc" ....,efT ,0 /:" Adopted after first reading by lltji~s', sr..~>' . \Jf.J.~,~.s' allowed pursuant to Idaho Code 50- 902 Yes' X: ,I'i CD1.f'C"'N,,.,' " . /{""'I':~'_ "-_.-rf'".C ,_' ~\~....\\ Second Reading: "'" ".>>';,'\' Third Reading: STATE OF IDAHO,) 55. County of Ada. ) ANNEXATION AND ZONING ORDINANCE (AZ-02-025) - 4 On this n .+(.....day of \'J.e.U/Vvt..\rui..- ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G, BERG, JR" lmown to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged 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 writt~w"ol1.o.o -o:"ON S Jj ;"1:1", ~o ,,~____~~~ ~ t:;" ,.. O"fA.!( }~,~~. .0 /~ ~ ~~Q of#'J I ...., \ 0 III I I l:l fa { I S G I fIl ~ \ i : "$ \''> ~\.C~'4;J 1)0 00 .r.(j4.;,;.__'';; ~l).o 0o:""-lJ:l:OE~~. ~.mm.ra_1I<9- ~VtUG~LY\ SM-: t~ NOTARY PUBLIC FOR IDAHO ., RESIDING AT: is,~Ct CJUu.~[ Jia-k.D MY COMMISSION EXPIRES: /.. - Z 't -D,) (SEAL) Z:\Work\M\Mcridian\Mcridian 153GOM\Brittoll AZ 02 025 C-N zone\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-025) - 5 Omv a:::C"').,- ONa) J:r---m o Z o I-~~ o ro b :W N C"') . Q; Co CD Ova ONro a:::(()LO OenZ J: 10 I- .Z uJW ....Jel roZ ~~ W ii: DW ....J ~ Oel~fg Z 0 ~ <(ro~ <( v 0 1-00 ....JNC"') W o o C"') co C"') . . co .,- C"') LO en ON ..' :J ...l,Q.. m ci 0 ~ <(~.,- a::: j!:m~ In I'-- . 'oJ 'a ZNo WI'--.,- ....J "-N 00 - a~ 3l1~ N3.l N Mi,gt;;t.T"ddS ---- ". . c~~~/.. [; i. .! ~ ~ I ~lc: '0 O~ Z'i:: WOO uiS Z....J <(>> Zii 000 a::: o i\ 1 ~ jl' ~ ! ,. ::>' '-c....-...~..-?i I~ -f~, 0;; 0> co ...............~i 'f-~~+~' _ SOoo45'38~E 410.53' ,6P"09L 3" ~ V,Z ~oOON s .... a::: z j! v C"') c:: o :g Q) en 8 Z~N <( !:: ~ -:J OCl,l - -0 0:: lr ::c W UJ< ~~Q ":::::1-- LLlr~ O UJ_ l-O >- ~ ffi I- ':2 - UJ 00 $ o ..., €I) ;:;..: !Xl Z :s: < lr e 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 ofthe State ofIdaho I, WILLIAM G. BERG, JR" City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordin~ No. 02-111, , passed by the City Council of the City of Meridian, on the ('if!: day of C-, ,2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk ofthe City of Meridian. '. '. '. STATE OF IDAHO, ) : SS. County of Ada, ) On this l1 day of \\te~tv\t\..v-t>V, in the year '2OVL. , before me, %CV(\N\S~~ , a Notary 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, (SEAL) QllliitlU:'t> QOON S.li::'<: l)()~~~---~~W:()<> Q~~':;:O 'tAJ(,,:,~~u :CI::J\I ""7 \, ~ 111 I W ii I ~ ~ , ~ III I @ 0", .. !bm..,\C-::W f)tJ $Q~~;!~-----~'~q~ ~Q''l1liOF~<>P ~QI!(JIII3"1t' ~hDtIla)1SM-~ 1J~ Notary Public for Idaho Commission Expires: 04 -2..~-oCS Z:\Work\M\Meridian\Meridian 15360M\Britton AZ 02 025 C-N zone\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK. OF THE CITY OF MERIDIAN AZ-02-025 ** TX CONF I RMATI O(~ r(EPORT ** r AS OF DEe 18 '02 13:01 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 10 12/18 13:01 M.D. WILLIS, INC. MODE M I N/SEC PGS CMDl:1 STATUS EC--S 00' 28" 001 152 OK CITY OF MERIDIAN ORDINANCE NO. t? 2 - o/f' 2- AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS THE BETTY LOU BRITTON PROPERTY LOCATED ON THE NORTH SIDE OF USTICK ROAD, WEST OF TEN MILE ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDlN'G THAT TIIE OWNER, BETTY LOU BRITTON, HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; .AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIi\.N AND ZONING DESIGNATED NEIGHBORHOOD BUSINESS DISTRICT (C-N); AND DECLAR.ING THAT SAID LAND, BY PROPER LEGAL DESCRWfION AS DESCRIBED BELOW, BE APART OF THE CITY OF lvIERIDlAN, COUNTY OF ADA, STATE OF IDAHO; REPEALJNG ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFUCT 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 THE ORDJNANCE AND.MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISStoN OF THE STATE OF IDAHO, PURSUANT TO IDA.HO CODE SECTION 50-223 AND SECTION 63~22l5. BE IT 0 RDAIN'ED BY THE MAYOR AND THE C OUNCJL OF THE C!TY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION l. FINDINGS: That the following described land is contiguous and adjacent to the City of Mend ian, Idaho, and that the City of Meridian has received a written request [or annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A portion of the East Fifteen Acres of the Southwest Quarter Southeast Quarter of Section 34, Township 4 North, Range 1 West, Boise Meridi2I1, Ada County, Idaho, said parcel lying south and west of the existing Nine Mile Drain Ditch (fonnedy Eight Mile Drain Ditch) and being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ~02-025) - 1 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS, INC. FOR APPRO V AL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION, LOCATED 4365 N. TEN MILE ROAD IN AN R-3 ZONE, MERIDIAN, IDAHO C/C 12/17/02 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-028 , ,. \, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on December 17,2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon Planner IT for the Planning and Zoning Department, and Bmce Freckleton, Engineering Technician III, listing 7 General Requirements and 15 Site Specific Comments I Final Plat, which are herein found fair and reasonable, and that Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Clint Boyle, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "FINAL PLAT OF DRAWBRIDGE SUBDIVISION, A PORTION OF THE N1I2 OF THE NE 'l4 OF THE SE1I4 OF THE NE1I4 OF SECTION 34 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION / (FP-02-028) - 1 IDAHO 2003, DRAWING NO, C026076_FP, SHEET 1 OF 2, HANDWRITTEN DATE: 20 NOV 02, PINNACLE ENGINEERS, INC.", Pinnacle Engineers, Inc, - Clint Boyle on behalf of Boise River Builders, LLC (Mike Lincoln), Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician Ill, and David McKinnon Planner II for the Plalll1ing and Zoning Department, dated December 10, 2002, listing 7 General Requirements and 15 Site Specific Comments I Final Plat, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein., with the additional action ofthe Council from their December 17,2002 meeting and/or requirements as follows, to-wit: 1.1 The Meridian Fire Department requires the following: 1. That a fire flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5, Operational fire hydrants are required before combustible construction begins. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION / (FP-02-028) - 2 quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation, Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997, 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 2, The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2, The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements, By action of the City Council at its regular meeting held on December 17, 2002. BY~'~ o T D. CORRIE Mayor, City of Meridian BJI~P~~ City Clerk Z:\Work\M\Meridian\Meridian I 5360M\Drawbridge Sub FP02-028\OrderFP.doc Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. \\\,\,\\\llIl~IJ:III:f// -.." _I Of ~",c.l~:'/). 1.'/, -....,-" .........-<' r---~ <or,? /! ~/ ;:: r.. ,/ -~r,rJ~.... ,-'~ j? .~, ...... '-' .... _.-,~ L _. I" . ?~~ '" iY -' . Dated !~P -t7 3- f /,; ~_"~o \\ ~ j7 &):..: ~ c:..ou '$> O;.,,~ -;. -z... 'Sr F\ ' ~>"'::'- 'l V-A1 oJ '\>.' ~ ...~ "1e \?' ,," /t';III)O,lp rri, \\\\"" ~ 3 I;,';,.,:.,.; ,...:";,,, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION / (FP-02-028) MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nal)' CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 ' FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: December 10,2002 To: Mayor & City Council tJA From: David McKinnon, Planner II Bruce Freckleton, Senior Engineering Tech ~ Re: Drawbridge Subdivision -Final Plat Approval of Nine (9) Building Lots and Four (4) Other Lots on 4,72 Acres of land in an R-3 Zone, by Pinnacle Engineers, Inc, (File No, FP-02-028). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant(s), Pinnacle Engineers, Inc., have requested approval ofthe final plat of Drawbridge Subdivision, consisting of nine (9) building lots and four (4) other lots on 4,72-acres, This subdivision will have a gross density of 1,91 du/acre. Drawbridge Subdivision is located on the west side ofN. ten Mile Road, approximately 3/4 of a mile north of Us tick Road. The City Council approved the annexation (File No. AZ-02-0 19) and Preliminary Plat (File No. PP- 02-015) on 11-06-02. LOCATION The property is located on the west side ofN. Ten Mile Road, approximately 3/4 of a mile north of Ustick Road, in Section 34, Township 4 North, Range 1 west. This project is contiguous to Bridgetower Subdivision's western boundary, SURROUNDING PROPERTIES North: Rural residential land, zoned RUT (Ada County). South: Rural residential land, zoned RUT (Ada County), East: Bridgetower Crossing Subdivision, zoned R-4 (Meridian City). West: Rural residential land, zoned RUT (Ada County), Exhibit "A" ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION / (FP-02-028) - 4 FINAL PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J,2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan, b. The availability of public services to accommodate the proposed development; Staff finds that public services can be made available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services, e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council's attention, SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms ofthe approved preliminary plat (pP-02-015) and the approved Annexation and Zoning (AZ-02-019). 2. The applicant has indicated that the Settlers Irrigation District will own and maintain the pressure irrigation system within this development. T he City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required, If a single-point connection is utilized, the developer shall be responsible for the pa)TIlent of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer, A fully operational pressurized irrigation system shall be installed prior to the issuance of building permits within this development. Exhibit "A" ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION / (FP-02-028) - 5 3. Landscaping and irrigation shall be installed p er the submitted site plans (prepared by Pinnacle Engineers, lnc" sheet LS-l dated 11-20-02), 4. Graphically depict and dimension the street centerline tie to the radius point of the bulb intersection ofN. Upriver A venue and W, Grand Rapids Drive. 5, Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing and landscaping shall be installed and approved prior to obtaining certificates of occupancy, A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc" prior to signature on the final plat. 6. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adj acent properties, Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7, Complete the Certificate of Owners and accompanying Acknowledgment. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374, 9, All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3: 1 slope. 10. Revise or Add the following notes to the face ofthe plat: (5,) (Reword to satisfy the Ada County Highway District maintenance policies) (14.) A ten foot (IO') wide permanent public utilities, drainage and irrigation easement is hereby designated to be centered on all interior lot lines. unless dimensioned otherwise. (15,) All buildable lots are for single familv dwellings onlv. ln addition, each single family structure shall contain a minimum of 1500 square feet of living space, excluding garage area, (16,) The bottom elevation of structural footings shall be set a minimum of twelve inches Exhibit '~A" ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION / (FP-02-028) - 6 (12") above the highest established nonual ground water elevation, 11, Developer shall coordinate mailbox locations with the Meridian Post Office, 12. Applicant shall be subject to City of Meridian Sanitary Sewer Trunk Expansion fees, currently proposed at $815,00 per dwelling unit. 13, Add leaders or some other means of showing the bearing and distance from the 1/16111 comer to the east Y4 comer so that it doesn't appear that the bearing and distance is only to the southerly boundary line extended. 14, Applicant shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection to city water and sewer service ofthe existing home located on Lot 2, Block 2, 15, Staff s failure to cite specific ordinance provisions or tenus ofthe approved preliminary plat and conditional use pennit, does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1, All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13, Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2, Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty and laO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4, Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit "A" ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION / (FP-02-028) - 7 5 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation, 6, Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7, Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, Required landscaping trees will not be considered as replacement trees for those trees that have to be removed, STAFF RECOMMENDATION Staff recommends approval of the final plat for Drawbridge Subdivision. Exhibit" A" ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DRAWBRIDGE SUBDIVISION I (FP-02-028) - 8 December 13,2002 MERIDIAN CITY COUNCIL MEETING December 17, 2002 APPLICANT ITEM NO. j ry REQUEST Water, Sewer and Trash Delinquencies: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CfTY 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: ijD~ Uvrf Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. DELINQUENCY FOR TURN OFF SCHEDULED FOR December 18, 2002 RECEI\'ED DEe " ={ '1U"1')/'1 i . L Uf: City of Meridiaft City Clerk Office MAYOR: This is to infom1 you in writing, if you so choose, that you have the right to a predeten11ination hearing at 7:30 P.M. Tuesday, December 17, 2002, before the Mayor and City Council to appear in person to be judged on the facts and to defend the clailTI 111ade by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on December 18, 2002 unless payn1ent is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (N 0 response.) MAYOR: They are hereby informed that they n1ay appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $31,853.39. CITY OF MERIDIAN Delinquent Account List. council Page: 1 Standard Payment Customers Dee 17. 2002 lo:07am Current period: 12/30/2002 No Delinquent Minimum AmounlOelinquent Balance Report Crileria: T erminaled customers not included Customer.Cust No = (<) 9900000 Last Pmt Last Pml Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Dale Amount Msg 74.2744.1 ABBOTT. KEVIN & SHAWNA 103.92 52.45 51.47 11/18/2002 78.79 . none 34.2090,1 ABBOTT. PERRY 135.29 90.52 44.77 10/10/2002 129.48 . none 34.3240.3 ABBOTT, REBECCA 108,97 72.04 36,93 4.0868.2 ABLE, MICHAEL 132.27 86.98 45.29 11/18/2002 46.12 - 2.1930.2 ACUNA, JULIO & 111.43 68.62 42.81 11/18/2002 6955. 74.2668.1 ADAMS, CATHY 106.60 55.75 50.85 11/20/2002 74.22 - none 2.1480.2 AFFINITY CARE 430.81 273.16 157.65 11119/2002 175.23 - 42.2370.3 AIKMAN, WILLIAM 14642 146.42 50,1476,1 All & FARHA ISHAQ. SABIHA 1,435.95 533.86 442.46 459,63 11/20/2002 424.99. none 21.0218,2 ALLEN, MARK & HELEN 92.63 57.50 35.13 10108/2002 196.44. 37.3248.2 ALLEN, MARK & MICHELLE 87.58 43.79 43,79 11/05/2002 43.67 - 74.2452.1 ALLEN, RICHARD L. 113.46 53.79 59,67 11/15/2002 8108 - none 31.3422.1 ALLEN, SEOENA 86.29 84.04 2.25 12/16/2002 45.00 . none 15.0110.2 ALTA 138.23 92.48 45.75 10/23/2002 151.06. 42.2462.1 ALTMAN. ROBERT 96.78 44.47 52.31 10/10/2002 130.78. none 31.1004.1 AMOS HENDERSHOT 60.65 60.65 11/1312002 246.75 . none 22.2572.1 ANCHOR HOMES INC. 64.74 53.74 11.00 10/28/2002 3.48. 34.0930.1 ANDERSON. DALLAS 13757 84.96 52.61 10/15/2002 138.30 - none 4.2256.2 ANDERSON, NELSON 123.17 82.24 40.93 12101/2002 75.00 - 19.0068.2 ANDERSON, SKIP & JULIE 104.42 96.46 7.96 11/08/2002 4906 - 31.3496.7 ANDERSON, WILBUR 150.73 90.74 59.99 11/18/2002 81.89 - 50.4494.3 ANDESON, STAN 37.09 36.97 .12 11/26/2002 31.41 . 14.4428.1 ANN MAKA 19055 106.76 83.79 10/23/2002 10924. 2.6300.1 ANSON, PATRICIA 128.41 105.72 22.69 12/02/2002 50 00 . none 51.1138.2 ARANA & R,C. LAND COMPANY 18.58 11.03 7.55 150300.2 ARMSTRONG. BRENT 145.51 78.26 67.25 10123/2002 76.22. 421988.2 ARMSTRONG, GARY & LAURA 115.21 75.21 40.00 12/16/2002 20.95 - 53.07011 ARNOLD MACHINERY 206.34 3.48 108.34 94.52 12116/2002 3.48 - none 50.1626.2 ARNZEN FUNERAL SERVICE, I 6170 34,96 26.74 10/30/2002 30.32 - 21.1708.1 ARTE. MICHELLE & RICK 13173 110.68 21,05 11/18/2002 105.00 - none 51.3370.1 ATWOOD, CINDI 49.33 46.45 2.88 11/19/2002 100,00 - none 34.3280.2 AUGUST. HENRY & TILLIE 75.81 75.64 .17 11/05/2002 145,00 . 51.01801 B M C. WEST 2332 12.01 11.31 10/21/2002 1131 - none 69,1620.1 BACHMAN. MICHAEL L. 84,04 42.51 41.53 11/22/2002 95.28 . none 51.0290.3 BAILEY, PEGGY 101.76 6909 32.67 11/20/2002 38.43 . 2.3680.3 BAINBRIDGE. STEVE 163.67 64.48 79.19 10124/2002 119.70. 33.3702.3 BAKER. KEITH 123.65 81,04 42.61 10/18/2002 41.71, 42.1202.1 BANNER, SCOTT 43.20 42.39 .61 11/21/2002 36.76 - none 4.14241 BARNEKOFF. SHIRL Y 129.95 79.12 50.63 10/08/2002 119.98 - none 4.1620.6 BARNEY,MARY 178.26 78.32 73.71 26,25 11/15/2002 100.00 - 21.1016.5 BARNEY. MARY 201.39 131.60 69.79 11/18/2002 129,56 . 21.1894.1 BARNHART. CLINTON 117.97 75.86 42.11 11/18/2002 60.00 . none 50.1912.2 BARNHART. RICK 5844 56.41 .03 12109/2002 8000. 3.0120.1 BARRETT. PALMER 17811 11128 66.83 11/19/2002 81.41.none 34.1650 1 BATEMAN. NICK 149.99 9836 51.63 10/18/2002 88.75 . none 34.0350.3 BATES, KEVIN & LILA 157,27 105.12 52.15 11105/2002 68.66. 42.3068.1 BAUDER. KEN 6323 50.89 12,34 12/01/2002 5000 . none 22470.1 BAUGES, EDWARD L 82.93 8202 .91 12/06/2002 48.00 - none 50.10221 BEACH. ARTHUR 219.06 141.02 78.04 10/10/2002 159.77 - none 13.8860 1 BEACHWOOD BUILDERS 120.80 9134 28.75 ,71 10/2212002 16.64 - 13.8920.1 BEACHWOOD BUILDERS 51.70 34.94 16.76 09/17/2002 22.45 - ... in Msg column indicates no Notice is 10 be sent ,. ( CITY OF MERIDIAN Delinquent Account List. council Page: 2 Slandard Paymenl Customers Dec 17. 2002 10:07am Currenl Period 12/30/2002 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pml Cusl No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Dale Amount Msg 13.8976,1 BEACHWOOD BUILDERS 170.64 117.58 17.47 17.35 18.2:4 06/12/2002 20.00 - 31.3042.1 BEAN, ALAN & JENNY 160,13 99.02 61,11 11/18/2002 80.59 . none 37.3628.2 BEAR CREEK LLC 41.48 21.23 20.25 12:109/2002 21.11 - 35.0283.3 BEARD, KEVIN & CORRINA 44.14 3875 5.39 11118/2002 70.00 - 14.5010.2 BEAUCANNON, JUSTIN 77.23 6720 10.03 12/05/2002 50.00 - 1.0030.1 BEAUDOIN, JOHN R 100.10 64.04 36.06 11/19/2002 35.00 - none 22,1560.1 BEESE, JEFFREY 132.88 89.54 43.34 11/18/2002 50.00 - none 32.1076.2 BEESON. LORRAINE 129.15 55.70 73.45 10/23/2002 125.86 - 33,1828.1 BELL, RONALD & JULIE 144,29 93.14 51,15 11/18/2002 55.93 . none 74.3172.2 BENDER, ERIC& TREASA 124.92: 63.93 60.99 10/16/2002 72.60 - 13.8568.2 BENITEZ. RICHARDO & TERRY 115.43 87.80 27.63 11122/2002 60.00 - 2.5340.1 BERRYMAN, ROBERT 132.86 127.96 4.90 12/16/2002 84.17-none 210130.1 BESKER, GLORIA 168.07 108.56 59.51 11/18/2002 59.36 - none 14.3004.2 BEWLEY, SANDRA & DAVID 134.07 8878 45.29 11/19/2:002 49.06 - 74.3296.1 BIENAPFL, ROB & CARMEN 85.02 43.49 41.53 10/30/2002 85.70 - none 50.3714.2: BINGHAM, DUNCAN & PAULINE 148.38 89.61 58.77 11/19/2002 60.00. 33.2530.1 BIRD, BRETT 140,10 95.10 45.00 11/15/2002 5.33 . none 20.1494.1 BIRD, RODNEY & MICHELL 186.19 184.08 2.11 10/18/2002 78.32: - none 74.2724.1 BISHOP, CALVIN 103.2:8 53.79 4949 11108/2002 55.00 - none 51.3680.2 BLAKE, DALE 344.64 88.53 95.37 98,92 61.82 09/26/2002 150.00 - 22.1008.1 BLEDSOE, GARNETT 182.61 114,28 68.33 11/12/2002 84.84 - none 2.1580.2 BLESSENGER. RONNIE & HAZ 100.31 64.04 36.27 11/04/2002: 39.09 - 1.2:780.1 BLEVINS, LAURIE 119.33 68.50 50.83 10/17/2002: 121.94 - none 22:.2:148.4 BLOCK, ANTHONY & TANYA 121,71 84.78 36.93 4.1150.2 BODILY, DANIEL 105.95 70.96 34.99 11/18/2:002 36.80. 50.1726.2 BOESIGER. MAX 144.62 72.81 71.81 11/20/2002 80.55 - 74.2482:.1 BOGDANSKI. DONALD 54.09 42.51 11.58 12/01/2002 30.00 - none 51.3020.1 BOISE BASIN ELECTRIC 102.66 5141 51.25 11/15/2002 47.46 - none 51.3019.1 BOISE BASIN ELECTRIC 39.30 348 35.82 11/15/2002 39.74 - none 31.0512.1 BOKMAN. HELEN 153.66 106.54 4712 11/19/2002 60.00 . none 15.0071.4 BOLTON, GREG & CINDY 173.87 130.00 4379 .08 11/21/2002 100.00 - 21800.2 BOL TON, TERESA 154.89 90.52 64.37 10/17/2002 88.75 - 7201641 BONFRISCO, LOUIE & JENNEL 110.84 48.07 6277 11/14/2002 108.68 - none 34.1318.2 BOOHER, CRAIG & DANA 173.69 99.84 73.85 11/18/2002 79.61. 15.0528.2 BORGES, FRED & TRACY 108,51 72.92 3559 10/1712002 73.00. 33.2722.1 BOUK, DORIAN 81.40 54.72 24.99 1.69 12/01/2002 2:4.99 - none 51.4310.1 BOWER INVESTMENTS. LLP 98.2:7 98.2:7 04/2212002 60.64 - 5038023 BOWMAN, JESSICA 43.01 40.07 2.94 12111/2002 34.63 - 20.1928.1 BOYD. STANTON 135.85 84.36 51.49 11/18/2002 68.00 - none 21.3068.1 BOYDSTUN, PATRICK & JUDY 111.91 70.74 4117 10/10/2002 63,59 - none 19.7120.1 BOYER, SUZANNE & GREG. MA 93.69 62.46 31.2:3 10/17/2002 31.08 - 5.0802.1 BOYLE, JOHN 129.11 83.38 45.73 11/18/2002 60.00 - none 14.5032.2 BOYLL, DONALD 184.63 67.80 73.79 42.69 .35 10/17/2:002 45.00 - 74.3796.1 BRADLEY. CHRISTOPHER 86.34 43.49 42.85 11/13/2:002 43.00 . none 5.0214.1 BRADY, ROGER 215.95 136.02: 79.93 10/3112002 118.00 - none 50312:.1 BRASFIELD, WILLIAM B. 140.79 91.06 49.37 .36 11/1412002 67.48 . none 34 042:0.1 BRENEMAN, JEFFERY 113.71 72.54 4117 10/22/2002 111.50 . none 16.33062 BREWER. CHRIS & ELIZABETH 111.38 60.37 51.01 11/14/2002 50.86 - 1.08001 BREWER, SID & SHELLY 90.16 70.74 19.42 10/17/2002 120.00 - none n2:282.2 BRICE. DAVID 86.17 58.70 27.4 7 10/22/2002: 60.52 - 191590.1 BRIGHTON HOMES LLC 56.05 34.94 1747 3,64 11/18/2:002: 17.47 - 2:.1320.2 BRINEGAR, E.E. 114.13 69.82: 44.31 11/2:2/2002: 38.77 - 2.3712.2 BRINEGAR, E.E. 12:6.55 84.04 42.51 10/18/2002 45.30 - 21.2564.4 BRINEGAR, KATHLEEN 48.84 30.48 18.36 11/19/2002 18.00. 340512.1 BRITTON. BOB 146.36 7982 31.37 35.17 08/2:812:002 54.77 . none ... in Msg column indicates no Nollce IS 10 be senl CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Dec 17, 2002 10:07am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquenl Balance Last Pml Last Pmt Cust No Name Balance Non.Delinq 10131/2002 09/30/2002 08/3112002 Date Amount Msg 1.0370.1 BROADWAY MANOR 265.90 174.98 90.92 10/21/2002 101,38 - none 1.0360.1 BROADWAY MANOR 275.38 181.68 93.70 10/21/2002 106.12 . none 1,0390.1 BROADWAY MANOR 248.82 164.30 84,52 10/21/2002 95.91 . none 1.0400.1 BROADWAY MANOR 271.70 179.50 92.20 10121/2002 101.63. none 10410.1 BROADWAY MANOR 228.86 146.80 82.06 10/2112002 76.79 - none 19.0308.1 BROCKMAN CONSTRUCTION 45.66 38.70 3.48 3.48 19.4456.2 BROOKS FULLER HOMES 282.94 124.25 158.69 333762.1 BROWN. DOMONIC 119.27 78.26 41.01 10/24/2002 39.91 . none 74.3264.1 BROWN, MICHAEL & LISA 86.98 45.45 41.53 10/16/2002 43.34 - none 50.0544.2 BROWN. TIM & LISA 88.76 48.57 40.19 11/07/2002 40.07. 333746.1 BRUCE, DARIN & MARTINA 184.01 122.40 61.61 11/18/2002 63.45 . none 324944.2 BRUEGGEMANN, DALE & JANI 91.33 54.40 36.93 64.0048.2 BRUSSE, N CHAD 49.00 24.99 24,01 10/17/2002 48.76 - 31.3306.1 BRYANT, JAMIE 126.95 76.30 50.65 11/1812002 90.71 - none 42.2398.2 BRYANT, JOHN 6922 26.55 42.67 10/21/2002 65.21 - 32.4832,1 BULKLEY, JEFF & DEANNA 131.77 68.94 36.27 26.56 11113/2002 56.27 - 33.1852.1 BUNDY, DOYLE 107.58 87.58 20.00 12113/2002 53,59 - none 14.3556.2 BURCHFIELD ENT 112.25 73,36 38.69 10/30/2002 36,61 - 19.6496.5 BURCHFIELD, DARRELL 144.37 96,30 46.07 10/22/2002 46.94. 50.4226.2 BURCHTORT, JOHN & KAREN 59.88 32.23 27.65 11/08/2002 27.77 . 19.6510.2 BURKETT, MARK 182.41 130.06 51.83 .52 11/2012002 60.00. 69.0162.1 BURNS, DONALD 111.48 38.45 66.49 6.54 10/2312002 100.00 . none 74.3666,2 BURRIS. STANTON & JANICE 76.52 38.75 37.77 11120/2002 32.20. 42.2460,1 BURTON, JACK 168.70 88,05 80.65 11/20/2002 71.11. none 34.1528.1 BURTON,RYAN 119.18 78.26 40.92 11/1912002 40.00 - none 210472.1 BUTTERFIELD, BRIAN 132.27 90.74 41.53 11/1812002 44.32 - none 22.0804.2 BUTTERFIELD, CHARLES 137.41 62.46 54.95 10/30/2002 79.27 - 34 0696 1 BUTTRAM, DEANNA 159,79 107.52 52.27 10109/2002 179.56 - none 880016.1 C & A PAVING 83.61 83.61 10/31/2002 34,15. 69.0878.1 CALPIN, JOHN A. 539.94 317.43 222.51 12/11/2002 140.00 - none 21.1116.2 CAMPBELL, CHRISTOPHER 160.58 99.22 61.36 10/1812002 110.00. 1.1370.2 CAMPBELL, ROBERT & JENNIF 77.06 69.60 7.46 11/0512002 80.00. 21.2664.1 CAMPBELL. ROLLAND 120.45 71.94 48.51 11/1912002 100.00 . none 14.4488.2 CAPITAL CITY MANEGEMNT 28,29 28.29 11/13/2002 144.19. 52.1212.1 CAPITOL EDUCATORS FEDER 243.16 108.83 52.11 74.67 7.55 19.6606.1 CARLEY, JASON 113.4 7 73.74 39.73 10/14/2002 38.60 - none 2.4590.1 CARNAHAN. JOHN 108.81 73.52 35.29 10/17/2002 80 14 - none 34.1808.2 CARPENTER,OOUGLAS 140.93 90.74 50.19 11/1912002 61.60 - 65.0688.1 CARPENTER. GAIL 366.95 130,95 236.00 1110712002 93.22. none 2L0030,1 CARRANZA, TIM 167.43 107.58 59,65 11114/2002 60.00 - none 22.0194.2 CARRELL, WILLIAM & MARl 146.63 106.76 39,67 22.1160.3 CARSON, JEFFERY & PAMELA 175.49 116.02 59.47 11/18/2002 79.93 - 66.0015.1 CASCADE PIPELINE 106.62 102.90 3.92 11/21/2002 295.33 - 21.2634.1 CASE, CYRUS 93,43 72,76 20.67 11/18/2002 50.00 - none 50.21081 CASELLA. GARY 67.52 36.97 30.55 11/19/2002 32.39 - none 3.0850.2 CAST, PETER & VERIONICA 118.85 66.18 50.67 11/15/2002 45.62. 34.2876.1 CATLETT, SCOTT 80.77 74.50 6.27 11/19/2002 30.00 . none 36.1000.1 CAVEN, MIKE 55.26 27.63 27.63 10/31/2002 24.05, 51.3280.2 CENTERS, JAKE 110.67 3693 36.93 36.81 11970.1 CHANDLER. CURTIS E 34826 210.28 137.98 11/13/2002 149.42 - none 1,19601 CHANDLER. CURTIS E 27832 178.24 100.08 11/13/2002 11184 - none 21.1402.2 CHAPMAN. JAMES 183.43 104,74 78.69 10/2312002 93.22 - 42.2582.1 CHAPMAN, LORRI 121.52 60.05 61.4 7 11118/2002 96.56 - none 42.1915.1 CHATEAU MEADOWS HOMEO 48.66 10.88 37.78 10/28/2002 4758 - none 2.4700.2 CHENEY. STEVEN 122.21 79.24 42.97 11/12/2002 59.51, '.. in Msg column indicates no Notice IS to be sent CITY OF MERIDIAN Delinquent Account Lisl' council Page: 4 Standard Paymenl Customers Dec 17, 2002 10:08am Current Period: 12/30/2002 No Delinquenl Minimum AmounlDelinquenl Balance Lasl Pmt Last Pml Cust No Name Balance Non.Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 33.0156.1 CHERRY PLAZA ASSOCIATES 178.89 119.26 59,63 10/22/2002 85.95 - none 33.0132.1 CHERRY PLAZA ASSOCIATES 67.77 30.14 37.63 10/22/2002 30.11 - none 33.0166.1 CHERRY PLAZA ASSOCIATES 139.21 112,86 26.35 10/22/2002 18.83. none 33.0103.1 CHERRY PLAZA ASSOCIATES 92.76 30048 62.28 10/22/2002 19654 . 330112.1 CHERRY PLAZA ASSOCIATES 998.57 675.74 322.83 10/22/2002 360.43. none 33.0120.1 CHERRY PLAZA ASSOCIATES 142.97 124,14 18.83 10/22/2002 67,71 - none 74.2752.3 CHILDRESS. JACK 98.42 45.29 53,13 11/19/2002 63.20 - 321278.1 CHURCH, LARRY 88.21 57.50 30.71 11/15/2002 42.35 - none 40.0094.1 CLARK, RICKY 93.02 52.17 40,85 10/22/2002 113.42 - none 5.0344.1 CUFF, DWIGHT 88.51 77.82 10.69 12/09/2002 55.00 - none 21.1766.1 COFFMAN, RICK K. 141.99 89.54 52.45 11/18/2002 63.11 . none 33.3752.2 COLBERT, NATHAN 117.97 78.10 39.87 10/17/2002 48.57 . 50.1301.2 COLE COMMUNITY CHRUCH 54.44 28.96 25.48 10/17/2002 25.48 - 74.3360.1 COLE. DEBRA 45.58 35,97 9.61 11/19/2002 29.13. none 51.0874.1 COLE, ORVILLE 92.37 51.75 40.62 11/18/2002 45.00 - none 50.4478.1 COLEMAN, MICHAEL R. 50.84 25.85 24,99 10/16/2002 32.39 - none 31.0796.2 COLLINS, LINDA 128.01 127.10 ,91 11/25/2002 75.00 - 2.1650.1 COLLINS, TERRY 132.79 55.68 37.65 39.46 10/21/2002 42.00 - none 74.0424.2 COMPTON, CRAIG 85.62 44.77 40.85 11/19/2002 51.51. 21.2972.2 COOK. CLIFFORD & JACQUELI 165.11 10414 60.97 10/17/2002 80.42 . 5.0518.1 COOK, ROBERT 157.99 92.64 65.35 11/18/2002 87.77. none 25.1006.1 COREY BARTON HOMES 38.42 34.94 3.48 10/17/2002 4.46. 25.1068,1 COREY BARTON HOMES 67.45 49.98 17.4 7 10/17/2002 7.24 - 25.1082.1 COREY BARTON HOMES 261.31 257.83 3.48 25.1106.1 COREY BARTON HOMES 52.41 34.94 17.47 10/17/2002 3.48- 4.1746.1 COSGROVE, AMY 188]1 115.50 73,21 11/20/2002 84,82. none 31.3420 1 COUCH, JULIA 103.77 69.76 34,01 11/19/2002 38.11 - none 35.0182.2 COVINO. MELODY 115.56 63.45 52.11 10/18/2002 11.19. 2,2460.1 COX, liSA L 98.51 66.00 32.51 11/18/2002 36.31 . none 42.2358.1 CRANDALL, LARRY 93.72 45.17 48.55 11/15/2002 59.18. none 5.0662.2 CRANE, JACK 179,53 78.64 54.11 46.78 11/04/2002 40.00- 51.0262.1 CRAWFORD, CLIFFORD 45.94 25,69 20.25 10/08/2002 211 1 - none 310808.1 CREEK. MARSHA 184.67 111.94 72.73 11/19/2002 132.39. none 6.1916.1 CREEKSIDE INC 93.78 90.30 3.48 10/21/2002 3.48- 50.3928.1 CROASDALE, DENA 43.13 43.01 .12 10131/2002 55.30 - none 19.7130.3 CRONER, PATSY 155.59 67.64 37.91 50,04 11/15/2002 80.00. 42.4070.1 CROSS, ARBY 7836 43.37 3499 11/19/2002 34.84 - none 69.0100 1 CROSSMAN, DEBBIE & WARRE 98.10 49.05 49.05 11/19/2002 49,88 . none 46.0282.2 CROW. STEVEN 82.24 43.35 38.89 10/07/2002 76.56. 31.3336.1 CRYER, JUDITH 87.87 53.08 34.79 10/22/2002 154.60 - none 21.1918.1 CULVER, JAMES 148.09 80.28 67.81 11/18/2002 50.00 - none 69.0714.1 CULVER, MARY 110.91 57,85 53.08 11/18/2002 75.00 - none 42.2024.1 CUNNINGHAM, AIMEE 106.46 50,07 56.39 10/30/2002 76.82 - none 74.2692.2 CUSHMAN. KELLY 119.02 57.55 61.47 11/18/2002 84.84. 50.3734.1 CZARNECKI, CHERYL 157.33 94.09 63.24 11/20/2002 100.00 - none 42.04341 DAHLGREN, SHIRLEY 61.96 33.21 28.75 10/22/2002 55.30 - none 14.3634.2 DANIELS. RICHARD & JOANNE 145.67 96.46 49.21 12/01/2002 51.02 - 2.4330.1 DANNENHAUER,CHARLES 100.13 72]0 27.43 10/01/2002 110.07 . none 50.4574.3 DAROSA. JOE 8890 3795 35.45 15.50 10/21/2002 5712, 1.3910 1 DAVeO SERVICES INC. 478.19 467.56 1063 11/26/2002 246.94 . none 2214201 DAVENPORT, DUANE 11527 77.50 37.77 11/18/2002 54.28, none 2.0908.2 DAVIS. MARGARET 125.81 81.04 44.77 10/23/2002 30.00 - 34.0764.1 DAYLEY, CRAIG & MARJORIE 127,95 83.98 43.97 12/01/2002 40.00 - none 14.4324.1 DBD INC. 56.99 53.51 3.48 20904.1 DECHAMBEAU, JOHN 61.36 61.26 .10 11/19/2002 76 66 . none ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List. council Page: 5 Standard Payment Customers Dee 17, 2002 ,0:06am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non.Delinq 10/31/2002 0913012002 08/31/2002 Dale Amount Msg 21.3070.1 DECK, KIMBERLY 148.53 100.00 48.53 10/1512002 146.73 - none 65.0646.2 DECKER,STANLEY 94.18 49.05 45.13 10/1612002 95.84. 72.0132.1 DEL BRADLEY STINE 77.50 38.75 38,75 11119/2002 46.44 - none 32.06002 DELANEY. RITA 185,12 124.52 60.60 11/18/2002 131.00 - 34.0444.5 DELVECCHIO. LISA 145.41 79.08 66.33 11/18/2002 69.15 - 1.0930.2 DENNEN, JEVON & HEATHER 251.57 109.06 142.49 12/02/2002 70.00 - 740060.1 DIAMOND, KIMBERLY 112.10 56.05 56.05 10121/2002 124.05 - none 3.0730.1 DOBARAN, JOHN & ARVELLA 111.21 74.14 37.07 11/19/2002 40,83 . none 3.0720.1 DOBARAN, JOHN & ARVELLA 448.59 324.68 123.91 11/16/2002 41.31-none 34.1690,1 DOCKWEILER, THOMAS & TER 15606 95.58 60.48 11/19/2002 75.00 . none 50,0140,1 DODGE, JAMES & JOAN 146.99 73.09 70.59 3.31 11/20/2002 110.00 . none 21.01441 DOMKA, DEBBIE 77.39 61.48 15.91 11119/2002 50.00 . none 21.1062.4 DONALDSON. DONNA 198,69 132.36 66.33 10/21/2002 68.17 - 33.26126 DONALDSON, NEAL 113.23 76,30 36.93 3.0830 1 OONLON,KATHRYN 74.87 74.72 .15 11/19/2002 38.60 - none 74.1062.1 DOTY, PAULINE & RON 71.14 36.83 34.31 11/18/2002 30.00 - none 310828.3 DOWNIE, JASON D 143.03 111.04 31.99 11/20/2002 60,00 - 42.2272.2 DRANSFIELD, ROBERT 67.78 47.59 40.19 11/18/2002 51.83 - 19.0358.4 DREHER. GREG & KRISTA 74.05 73.90 .15 12/02/2002 35.82. 4.2282.1 DRURY, PATRICK 151.71 89.76 61,95 11/20/2002 118.26. none 51.0698,3 DUEROCK, WALTER 88,21 48.25 39,96 11118/2002 42.00. 31.0834.1 DUMONT JR.. TED 262,51 146.80 115.71 11/18/2002 113.86 . none 2.5010.1 EARLEY, GEORGE 90.17 57.50 32.67 11/18/2002 31.57 - none 42 2598.2 EASTBURN.GARY 122.82 67.07 55.75 11/20/2002 74.22. 50.4602.3 EBORN, RICHARD 71.77 60.01 11.76 48.1858.2 ECONO LUBE N'TUNE INC #30 165.22 83.45 81.77 11/18/2002 88.64 - 35.3030.1 EDENBROOK INC 14.48 11.00 3.48 74.3678.2 EDWARDS, DEARL W 127.76 92.77 34.99 11/18/2002 34,84 - 31.3034.1 EDWARDS, MARILYN 74.97 49DO 25.97 11/21/2002 20.49 . none 2.2734.1 EDWARDS, MICHAEL A 155.53 91.98 63.55 10/22/2002 71.27 - none 19.4428.2 EDWARDS, WESCOTT 194.06 133.72 60.34 11/15/2002 60.49 . 72.01011 ELK RUN HOMEOWNERS ASS 164.38 5.44 58,96 99.98 11/22/2002 200.00 . none 13.89061 ELLIOTT CONSTRUCTION 43.13 36.70 4.43 07/22/2002 40.00. 19.0218.1 ELLIOTT CONSTRUCTION 57,22 53.74 3.48 10/24/2002 3.48. 31.3062.3 EMERSON. DON 91.11 68,78 22.33 11/18/2002 70.00. 21.1896.5 EMMEN,DUSTIN & KATHY 156.25 97.44 60.81 1 0109/2002 156.89 - 50,12423 ERHART, MILT 93.02 53.67 39.35 11/22/2002 3000 - 46.0230.1 ERICKSON, RICK 42.44 32.55 9.89 06/25/2002 160.00 - none 32.1152.2 ESPINOLA, MIGUEL & MARGAR 97.95 78.26 19.69 12/03/2002 42.00. 50.1354.4 ESTATE OF BESSIE MATCHAM 135.82 87.59 48.23 11/20/2002 49.20 - 50.3822.1 EVANS,M.SHAE 88.44 47.43 41.01 10/16/2002 39.91 - none 32.1560.2 EVERIST, JAMES 63.97 61.26 2.71 11/21/2002 40.00. 42.4050.1 EVERMAN, BRYAN 111.00 61.65 49.35 11104/2002 52.17 . none 74.3614.1 FACKRELL, THOMAS 38.13 37.93 .20 11/15/2002 75.51 . none 21.1172.4 FALK, RICHARD 211.13 146.92 64.21 11118/2002 200.00 . 1.3660.1 FARRAND, SHELLlE 184.25 105.72 76.53 11/18/2002 41.72. none 14.3544.2 FARRIS, JAMES 139.95 92.70 47.25 11/04/2002 46.12. 34.1806.1 FAULKNER. FREDA 159.07 108.26 50.81 11/20/2002 53.90 - none 22.1768.2 FIELDS, SHARON HOPE 80.70 80.50 .20 12103/2002 44.63 - 4602121 FINLAYSON, CRAIG 75.84 52.69 23.15 11/19/2002 20.00 - none 21.2690.2 FINN, STEPHANIE 142.79 79.40 63.39 42.0466.2 FISCHER, DAVID 215.25 52.69 43.33 71,60 4763 12/11/2002 45.29. 43,0090.1 FISHER CUSTOM HOMES 10.44 6.96 3.48 2.0740 1 FISK. PATRICK 23318 139.24 93.94 11/22/2002 120.00 - none 16.3640.2 FITZEN, LARAE & LINDA 137.18 63.4 7 73.71 12/04/2002 54.80, ... in Msg column indicates no Nohce IS to be sent CITY OF MERIDIAN Delinquent Account List- council Page 6 Standard Payment Customers Dec 17, 2002 10:08am Current Period: 12130/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 72.0274.1 FITZGERALD, JUANITA 126.74 48.37 78.37 10/23/2002 116,10. none 5.0800.1 FITZSIMMONS. TOM 139.03 85.12 53.91 11/18/2002 81,23 . none 14.3516.2 FLORES. DAVID 149.67 108,82 40.85 22.2498.2 FORBES. LONNIE & 6RANDI 119.27 77.28 41.99 10/09/2002 42.85 . 69.0738.1 FORGY. MICHAEL 132.88 57.55 69.31 6.02 10/28/2002 100.00 . none 52.0150.1 FORS. GARY 30.85 29.45 1.40 12101/2002 30.00 . none 34,0552.1 FOSTER. BRADLEY D. 147,71 87.74 59.97 11/19/2002 86.31 . none 15.0010.2 FOWLER. ROBERT & KERRI 152.87 104.80 48.07 11/19/2002 49.88 - 31.3434.1 FRANK. GARY 80.97 75.32 5.65 12116/2002 45.00 - none 65.0790.1 FRANK. JERRY 226.50 43.67 46.61 99.53 3669 10/23/2002 185,00 . 4.1756.1 FRASER. HAROLD 112.79 88,92 23.87 11/19/2002 50.00 - none 33.2410.1 FREEMAN. JOHNNA 84.22 57.50 26.72 10/10/2002 60.00 . none 51.3078.3 FREEMAN. NICOLE 70.70 38.56 32.14 11/18/2002 31.04. 2.4930.4 FREEMAN, SARAH 130.19 75.96 54.23 11/22/2002 61.95. 50.3754.1 FRENCH. LAWRENCE 169.68 82.17 87.51 11/20/2002 60.00 - none 74.0340,3 FRIERE. GARY 95,54 48.69 46.85 10/1112002 197.10- 50.1232.2 FRONCONE. JOSHUA 57,01 48.25 8.76 11 f15/2002 40.85 - 33.4258.1 FROSTROM, STEVE & TERRI 138.89 91.34 47.55 11/1812002 45,54 - none 4.1454.1 FUENTES.CHRYSTLE 163.57 83.22 80.35 11119/2002 63,92 . none 32.1542.1 FUHRMAN, JOSHUA 99.33 64.04 35.29 11118/2002 36,15 - none 19.0232.3 GABBY. CHARLES & CHRISTlN 97.72 94.72 3.00 11/19/2002 44.77- 69.1132.1 GABIOLA. ALBERT 86.32 37.77 48.55 10117/2002 38.60 - none 10.1006.1 GALLARY HOMES 173.05 150.46 22.59 10/2112002 7.55 - 20.0204.2 GALLEGOS, ANTHONY 144.45 94.12 50.33 11/15/2002 53.15. 33.7602.1 GALLION, RICHARD 112.27 79.18 33.09 10/15/2002 50.00 . none 22.2608.2 GALLOWAY, JERMAINE & KRIS 88.87 76.52 12.35 12/01/2002 30.00. 50.45185 GAMBLIN. MIKE 86.16 45.31 40.85 11/15/2002 45.63 - 69.0234 1 GAMBOA. PAUL 135.00 67.01 67.99 10/18/2002 69.83 - none 2.59503 GARDINER, DAVID 195.13 121.34 73.79 11 f20/2002 57.39 - 21.3048.2 GARLICK, LEWIS 258.50 157.60 100.90 1210912002 135,00 - 33.2302.1 GARRARD. DALE 130.31 96.00 34.31 11/2012002 37,13. none 21.0234.3 GARRETT. DAMON 229.56 155.70 73.86 10/28/2002 100.00 - 20.1726.1 GARRIGUS, SCOTT 172.00 156.46 15.54 12113/2002 200.00 - none 46,0188,2 GATES. JOHN 81.96 44.19 37.77 11/18/2002 35.24. 2,0950.1 GAYTHtWA1TE. RITCHIE & SUS 14019 83.82 56.37 11/18/2002 70.95 - none 31.3258.1 GEORGE, ROBERT 79.20 79,08 .12 11/14/2002 42.69 . none 31.3534.1 GERHIG, CHARLES & PATTI 79.93 74.34 5.59 1210212002 40.00 - none 22.1596.3 GIAUQUE, PAUL 130.31 84.04 46.27 11/18f2002 51.02. 6.9852.1 GIEBEL. NICHOLE & JEFFERY 98.98 45.18 18.83 26.35 8.62 08/27/2002 16.88 - 46.0576.1 GILLENWATER. RICHARD 50.27 50.21 .06 11/19/2002 44.71 - none 42.1240.1 GILLETT. JOSHUA 91.44 50.89 40.55 1 Of 09/2002 42.36 . none 2.25782 GINGRICK, KENT 143.05 87.96 55,09 11 f2212002 73.56 - 33.2388.1 GLUCH, SCOTT 82.49 53.74 26,75 11f19/2002 56.28 - none 2.1170.3 GODBY. ORVILLE & PHOEBE 183,03 111.50 71.53 11/19/2002 80.00 - 22.1520 1 GOLD. JOHN 108.19 105.88 2.31 12116/2002 40.00 - none 19.71284 GORDON. WILLIAM & SHERRIE 232.74 54.40 36.93 66,81 74.60 10.1028.1 GO CONSTRUCTION 4190 34.94 3.48 348 10.1100.1 GO CONSTRUCTION 24.43 20.95 3.48 10/10/2002 20.00 - 34.1444.2 GRATTON. THOMAS 144.27 8970 54.57 10/18/2002 67.19 - 343206.1 GRAYSON. DIANA 5241 34.94 17.47 11/2212002 17 .35 . none 19.1086.1 GREMLlNG. PHILIP 151.07 101.04 50.03 11/15/2002 52.82 . none 51.0978.5 GRIEVE, JAMES 47.00 27.20 19.80 1 Of 03/2002 88.60. 2.2110.3 GRIFFETH. JEFF 96.27 96.24 .03 11/15f2002 23.82. 31.01581 GRIFFIN. RICHARD & GAIL 103.64 86.60 17.04 11/15/2002 40.00 - none 3.0108.1 GRIFFITH, LARRY 104.55 69.10 35.45 10/21/2002 34.35 - none ... in Msg column indicates no Notice is to be sent { CITY OF MERIDIAN Delinquent Account List. council Page: 7 Standard Payment Customers Dec 17.2002 10:08am Currenl Period: 12/30/2002 No Delinquent Minimum AmountOelinquent Balance Last Pmt last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 06/31/2002 Date Amount Msg 74.3176.3 GROSSL, EDNA 67.64 44.31 43.33 11/18/2002 77.06 - 21.0462.3 GUNNARSON, HOWARD & RUT 186.05 102.78 83.27 11/20/2002 57.07 - 72.0186.2 HAISLIP. SUZY 65.46 64.89 .57 12/03/2002 80.00 - 20.1478.2 HAKE. KAREN 118.87 79.30 39.57 10/07/2002 83,74 - 74.2582,1 HALE, RICK 164.54 120.23 44.31 11/19/2002 55,92 . none 4.1594.1 HALL, BRIAN 126.48 80.38 46.10 11/19/2002 75.00. none 34.1820.2 HALL, DUSTIN 216.24 140,66 75.38 11/19/2002 50.00. 15.0029.2 HALL, JOHN & CAROLYN 139,73 83,22 38.75 17.76 10/22/2002 50.00. 22.0924.1 HALL, KEVIN 102.46 12.30 90.16 06/24/2002 62.36 . none 33.2338.1 HAMILTON, TRACEY 296.18 143.98 74.69 77.51 10/17/2002 71.63 . none 46.0434.1 HAMMONS. KEVIN 77.00 41.71 35.29 11/07/2002 3713 - none 4.1320.4 HANCE. JOHN & SARA 112.41 69.60 42.81 11/14/2002 56.31. 64.0020.1 HANSEN HOMES 103.52 37.25 66.27 10/23/2002 79.16 - 33.4274.1 HANSEN, ERIK 150.11 103.60 46.51 11/15/2002 80.00 . none 31.0148.2 HANSON. CAREN F. 110.61 72.54 38.07 11/16/2002 39,91 - 22.1478.1 HANSON. JAMES 176.07 108,56 67.51 10/29/2002 72.26 - none 2.0906,1 HARMON, ROBERT K. & R HAL 108.81 72,54 36.27 11/0512002 28.45 - none 74.3828.1 HARRIS, FLETCHER & KERRIE 146.00 43.47 50.85 51.68 09/17/2002 53.64 - none 31.3036.1 HASSIS. PAM 124,59 79.30 45.29 10/21/2002 10400 - none 34.3234.2 HATCH, GARY 128.54 65.02 34.47 29.05 11120/2002 20.00. 22.1202.6 HATFIELD, TED 101,61 87.58 14.03 50.2372.5 HAYCOCK, VANESSA 79.94 44.65 35.29 10/09/2002 37.13 - 69.0694.2 HEATON, CHAD & HEATHER 129.50 65.73 63.77 10/21/2002 64.43 - 50.0550.2 HEDGER. LESLIE 32.39 31.41 .98 12102/2002 27.93 - 34,1702.1 HEDRICK, WENDY 23877 207.72 31.05 10/31/2002 160.00 - none 22.0910.3 HENDERSON, SEAN 368.07 116.50 73.19 176,95 1.43 12/10/2002 150.00. 22.2526.2 HERBERT, WILLIAM III 137.83 92.54 45.29 14,3470.1 HERNANDEZ. DAVID & JULlEA 137D1 89.76 47.25 10/06/2002 46,12 - 34.1040.1 HERR,ROBERT 13116 117.32 13.84 10/22/2002 90.07 - none 32.0458.2 HERRELL, JACQUELINE 200.57 128.98 71,59 10/25/2002 80.26 - 1.3260.1 HERSEY, RICHARD 297.02 193.38 10364 11/18/2002 102.66 - none 13300.1 HERSEY, RICHARD 501.56 296.40 205.16 11/18/2002 287.11 - none 221522.1 HESS, JACK 6161 57.34 4.27 1 2/16/2002 40 00 - none 30036.2 HESTER. CHRISTINE 68.21 68,18 .03 12/16/2002 38.91. 3.0094.2 HESTER, CHRISTINE A 101.25 97.12 4.13 12/16/2002 51.09. 74.0384.2 HESTER, LLOYD & SHERRY 163.55 72.49 45.43 45.63 09/16/2002 203.00 - 31.3454.2 HICKMAN, JOHN 199.77 116.76 82.45 .56 11/20/2002 55.00 - 21.1406,1 HIGH DESERT CONSTRUCTIO 2819 24.71 3.48 34.1640,3 HIGHBARGER, MICHAEL & L1N 176.23 91.72 84.51 11/15/2002 65.00 - 34.1892.1 HILLIARD, LANCE 105.90 67.80 38.10 11/15/2002 50.00 - none 4.2066.2 HOFFMAN, DELORES & WILLlA 170.33 99.56 70.77 11/18/2002 126.10 - 41792.2 HOHENSHEL T, JOAN 183J5 124.90 58.85 11/19/2002 73.12 - 50722.1 HOLLEY, DAVID 186.69 98.20 88.49 11/20/2002 103.07 - none 32,1456.1 HOLLINGSHEAD, BRETT 125.32 79.08 46.24 11/1812002 52.00 . none 74.1014.3 HOLLOWAY, JERALD K 48J5 33.49 15.26 11/04/2002 50,00 - 22.2366.1 HOME BUilDERS 110.06 34,94 75.12 10/28/2002 28,07 - 52.0414.1 HOME DEPOT #1604 1,879.85 1.841.43 38.42 11/19/2002 1.90164 - none 51.4250.1 HOME PRO PLUMBING 34457 344.57 02/27/2002 216.38. none 74.1190.1 HOPE ARMS APARTMENTS 160.90 76.53 8437 10/29/2002 181.39 - none 3134581 HOPKINS. DARRYL 19937 159.50 39.87 11/18/2002 45 00 - none 74 3966.1 HOSAC, JAMES 11862 75.29 43.33 11/20/2002 4808 - none 2.3000.1 HOUSTON, TONY & THERESA 61.17 77.28 3.89 11118/2002 90.00 - none 33.4350.2 HOWARD, CHARLES & LACEY 119.92 89.54 3038 12/11/2002 45.75 - 691276.2 HOWARD, DONALD & CAROL Y 42.61 40.85 196 200454.1 HOWELL, DONALD 11340 73.56 39.62 11/15/2002 5000 - ... In Msg column indicates no Notice is to be sent i CITY OF MERIDIAN Delinquent Accoun I List. council Page: 8 Slandard Payment Customers Dec 17. 2002 1O:09am Current Period: 12/30/2002 No Delinquent Minimum AmounlOelinquent Balance Last Pmt Last Pml Cust No Name Balance Non.Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amounl Msg 1.0470.4 HOWELL. GA YLEEN 101.98 65.26 36.72 10/22/2002 38.56 - 211144.2 HOWELL, MINDY 179.65 112.80 66.85 11/1812002 33.34 - 340388.1 HOWORTH, CHARLES & GAIL 142.31 86.76 55.55 11/14/2002 76,01 . none 19.6554.2 HSU. TOMAS & GUADALUPE 121.07 81.04 40.03 10/21/2002 4089. 74.3698,2 HUDIGOLDENFEA THER REAL T 4115 13.50 23.89 3.76 09/16/2002 45.00, 3.0874.1 HUDIGOLDENFEA THER REAL T 152.91 3.48 149.43 04/10/2002 32.4 7 - none 65.3136.2 HUD/GOLDENFEATHER REAL T 160,67 66.93 36.93 36.81 20.00 09/25/2002 260.4 7 - 65.0708.1 HUDDLESTON, CODY 100.38 52,15 48.23 10/31/2002 60.82 - none 42.2028.3 HUFFMAN, MICHAEL & MARSH 11066 59.03 51.63 11/20/2002 95.23 - 34.2782.1 HULSE. TIM 135.13 87.58 47.55 10/23/2002 49.39 - none 743436.2 HUMPHREYS, JASON & CHRIS 106.63 52.95 52.95 .73 11/18/2002 57.00. 51.0714.2 HUMPHREYS, JOHN 93.54 52.17 41,37 11/18/2002 45.00 - 69.1266.2 HUNT. CARL 169.37 76.19 93.18 09/25/2002 107.07 - 31.3402,1 HUNT. HEATH 107.28 7254 34.74 11/19/2002 50.00 - none 34.1786,1 HUNTER. JASON & TRACY 152.77 94.44 58.33 10125/2002 75.85 - none 15.0048.3 HUNTER. PAUL 132.64 88.40 44.24 11/18/2002 58.00. 20.2054.1 HUTH. FREDRICK C. 139.83 128.98 10.85 11/12/2002 100.00 - none 49.1148.1 IDAHO HEATING AND AIR 494.44 119.51 220.33 154.60 11/1812002 375.00 - 49.0932.1 IDAHO PARKS & RECREATION 313.82 100.45 213.37 10122/2002 325.52 - none 48.2840.1 IDA-TRAN 2.415.33 931.05 1 .249.52 234.76 11/19/2002 1,05146. none 33.2754,1 INGOE. BRADLEY 135.05 88.78 46.27 11/04/2002 47.10 - none 42.1934.4 JACOBSEN, FRANK 65.76 55.63 10.13 11/18/2002 55.00 - 68.0046.1 JACOBSEN, JASON & LIANNA 77.50 39.73 37.77 11/19/2002 37.62 - none 50.4506.1 JACOBSON, BETTY B. 51.71 28.4 7 23.24 12/06/2002 2858 - none 51.3570.3 JAKOVAC. DESIREE 98.22 64.85 31.37 11/22/2002 34.19. 32.0936,1 JARDINE. MICHAEL 242.97 231.36 11.61 11/1912002 98.28 - none 19.1630.2 JENKINS. LEROY 9377 61.26 32,51 10/22/2002 75.56 - 6.1262,1 JEREMY JENSEN 114.03 81.14 32.89 10/14/2002 34.85- 21.2830.1 JESSEE, KEVIN 76.01 73.52 2.49 11/1812002 40.00 - none 19.0220.3 JEWETT. CARl 208.69 165.88 42.81 1111812002 39.75 - 20.0430.1 JOHN J UNUCK 41.90 3494 3.48 348 50.2224.1 JOHNSON, BRYCE 12342 68.35 55.07 11/18/2002 87.89. none 42.2482.1 JOHNSON, BRYON & MARYLEN 78.36 43.37 34.99 10/21/2002 11930 - none 32.0616.2 JOHNSON, CONNIE JO 96.79 72.54 24.25 10/24/2002 60.00 - 34.0390.2 JOHNSON. PETER 185.71 110.52 75.19 1 0/02/2002 177.38 - 20.1554.3 JOHNSTON, JAMES 187.39 180.94 6.45 11/26/2002 247.00 - 743894.2 JONES. DELBERT & SYLVIA 7254 37.25 35.29 11/0812002 36.15 - 50.2354.1 JONES. LARA 117.07 72.69 44.38 11/22/2002 60.00 - none 35.1166.2 JONES. LORETTA 67.64 33.33 34.31 10/18/2002 70.34. 33.3572.1 JORDAN,KATHY 120.30 83.82 36.48 10/23/2002 50.00 - none 680258.1 JORDAN. MICHAEL 26.93 26.93 11/12/2002 20.00 - none 21.1058.2 JORGENSEN, ROBERT & TERI 152.22 93,52 58.69 01 1013112002 7716- 69.2270,3 JOSEPH, ROBERT & GEORGIA 99.34 43.79 55.55 10122/2002 784. 42.2034,1 JOYCE, THOMAS 57.07 56.77 .30 11/18/2002 49.07 - none 74.1092.1 JOYNER, HENRY & JULIA 48.58 40.75 7,83 09/04/2002 120.00 - none 46.0840.4 JUDY, VICTOR 127.00 78.77 48.23 11/21/2002 61.80 - 46.0802.4 JUDY, VICTOR 129.87 53.67 76.20 11/18/2002 80.00 - 32.0522.2 JUHASZ. DON C. 213.85 120.44 93.41 10/23/2002 131.80. 13.4038.2 JUSTENSEN. LARRY & DANIEL 132.20 131.20 1.00 11/20/2002 9433 - 20.1260.2 KAWANO, EDITH 67.73 63.44 4.29 08/2612002 8910, 50.4638.1 KEENE. JAMES 111.64 57.07 54.57 11/19/2002 132.17 - none 21.0028.2 KEENEY. DONLAN & ELISABET 12316 80.28 42.88 11/19/2002 50.00. 1.0960.4 KELLEY. LARRY & ALlNE 99,81 63.22 36.59 10/0312002 84.14 - 33 2356.1 KENNEDY. BRIAN 112.57 73.52 39.05 11/1912002 3824 - none 22.1356.1 KERBS. MARVIN L. 200.67 130.68 69.99 11118/2002 9789. none ... in Msg column indicales no Notice IS to be sent CITY OF MERIDIAN Delinquenl Account List- council Page 9 Standard Payment Cuslomers Dec 17,2002 lo:09am Current Period; 12130/2002 No Delinquent Minimum AmountDelinQuent Balance Last Pmt Last Pmt Gust No Name Balance Non-Delinq 10/31/2002 09/3012002 08131/2002 Date Amount Msg 21.2728< 1 KESLING, SCOTT & MONICA 139.45 82.40 57,05 11/1 5/2002 76.00 - none 42.2530.1 KILER, KELLY & TAMMY 127.34 70<31 57.03 11/18/2002 69.00 - none 50.0594.2 KINDALL. ARRON & MISTlE 94.00 52.17 40.85 .98 33.2704.2 KINDALL. DAVID 65.21 64.04 1.17 12/04/2002 40.00 - 33.4348.1 KINGSTON, CHARLES 149.48 89.70 59.78 11/08/2002 80,00 - none 31.1270.2 KLINT. CARL 194.31 117.44 69.67 7.20 10/21/2002 200,00 - 21.04662 KORBER. GERALD 161.52 117.04 64.48 11/19/2002 33.00. 74.3636.1 KORTON. TOM & CATHY 73.30 43.95 29.35 12/03/2002 40.62 . none 34,3228.2 KOWATSCH, JOHN & KRISTI 168.36 98.20 70,16 10/2212002 193.00 - 4.2262.1 KREEGAR, KRISTOPHER 93.65 93.18 .47 12116/2002 63.00 - none 21.1550.2 KROMMENHOEK, PAUL 160.31 86.00 74.31 10/23/2002 94.20 - 32.05122 KRUSE. BRENDA 100.97 60.12 40.85 10/16/2002 47.59 - 20.1362.1 KUEHL HOMES, INC 113.31 76.52 36.79 10/24/2002 38.60 - 50.4642.3 KUGEL, LISA 97.48 53.15 44.33 11/25/2002 62.00 - 14.4482.2 LAMARTINA, TONY 56.64 55.54 1.10 11/2212002 29.45 . 35.0144.3 LAMASTERS, TERRENCE 42.96 34.47 6.49 12103/2002 55.00. 42.4056.1 LAMOREAUX, KIM 68.82 39.09 29.73 10/29/2002 16.20. none 22.1842.2 LANDOW, BRUCE 134.07 88.78 45.29 11/13/2002 46.12. 4.1776,1 lANSING. BUD 306.52 231.17 75,35 11/18/2002 78.14 - none 1.0890.1 LANTZ, STAN 107.07 78.10 28.97 11/04/2002 110.00 - none 34.0784.1 LARA, RAFAEL 206.97 115.84 93.13 11/18/2002 109.67 - none 32,1178.3 LARISON, ROBERT 265. to 83.98 113.93 67.19 10/16/2002 77.97 - 50,0520.2 LAURICELLA. CARL & LAURIE 89.10 48.25 40.85 to/21/2002 41.71. 22.1350.1 LAW, KIMBERLY 134.47 85.78 48.69 11/18/2002 61.31 - none 68.0030.5 LEADER ESCROW ACCOMMO 44.77 43.79 .98 46.0816.1 LEATHAM. JARED 102.12 56.91 45.21 11/15/2002 50,00 - none 22.0332.2 LEE, MICHELLE 148.95 98.10 50.85 10/18/2002 115,12. 19 7424.1 LESLIE CONSTRUCTION 3.49 3.48 .01 07/19/2002 33,91. 31.3382.1 LEVITT, MONTE 120.50 98.42 22.08 12105/2002 50.00 . none 19.4464.1 LITTLE, CRAIG 123.78 80.06 43.72 10/17/2002 40.00. 32.0842.1 LITTLE, JOHN 68.40 60.40 8,00 11/21/2002 41.01 - none 42.2520.1 LOCKYER. MERRIE 92.05 64.13 27,92 12/09/2002 50.00 - none 2.45202 LONG, JODIE 156,76 102.62 54.14 11/18/2002 66.00 - 20.0132.1 LOVELAND. JAMES 235,26 117.08 51.31 66.87 10/23/2002 80.28. 21.2636.1 LUCERO. ROBERT & TRACY 158.19 41,01 49.83 67.35 10/15/2002 72.25 - none 2.5510.2 LUNA. JAMES & LORI 201.59 128.40 73.19 10/23/2002 90.56 - 65.0698.1 L YNGAR. JAMES JR. 72.54 37.25 35.29 10/18/2002 71.32. none 20.1758.1 LYONS. STEPHEN & LINDA 140.07 13096 9.11 1210212002 70.00 . none 74,3072.1 lYTLE, CHAD & STACEY 93.52 47.25 46.27 11/14/2002 46,12 - none 69.1060.1 MACCOY, MALCOLM & JUNE 37.35 37.25 .10 11/19/2002 43.03 - none 2.4480.1 MADRID. JOSEPH F 120.17 77.50 42.67 10109/2002 55.26 - none 1.o0to.5 MADSEN, CHARLES & DEBRA 158.33 109.64 48.69 11/18/2002 55.43 - 2.3882.1 MADSON, WENDY 97.98 97.88 .to 12101/2002 58.89 - none 31.2210.1 MAGDLlN. JOHN 135.29 89.54 45.75 10/22/2002 51.51 . none 19.0100.2 MAISANO. ARLEEN 103.25 75.48 27.77 10/16/2002 3.91 - 2.5170.2 MANIER. DAVID & HELEN 99.55 96.24 3.31 11113/2002 45.00. 4.2016.1 MARKS. EUGENE & JEANNE 168.29 108.80 59.49 11/20/2002 101.48 - none 21.3276.4 MARLER. WENDY 167,31 101,96 65.35 11/20/2002 107.97 - 74.2640.1 MARLETT. DIANA 174.50 8499 89.51 11107/2002 131.50 - none 20.13084 MARLETT, DIANA 140.88 103.95 36.93 65.04721 MARQUARDT. MICHAEL 72.54 37.25 35.29 11/12/2002 3909 . none 35.5016,2 MARTIN SHERIE. & DAVID J 125.97 47.25 75.29 3.43 10/24/2002 93.71 - 42.1950.1 MARTIN. DANIEL K. 153.86 76.71 77.15 11/18/2002 126.60 - none 74 3592.4 MARTIN. PATTI 46.74 46.27 .47 12/16/2002 60.00 - 2.2280.1 MASLEN. JENNY 100.31 64.04 36.27 11/18/2002 70,07 - none ... In Msg column indicates no Notice is 10 be senl CITY OF MERIDIAN Dellnquenl Account List- cou ncil Page: 10 Standard Payment Cuslomers Dec 17,2002 10:09am Current Period: 12/30/2002 No Delinquent Minimum Amoun!Delinquent Balance Lasl Pmt Las! Pml Cusl No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Dale Amount Msg 50.3704.2 MATA, FREDIE 107.12 106.19 .93 11/20/2002 61,00 " 51,0514.1 MATHEWS, DONNA 60,98 32.23 28.75 11/13/2002 40.39 . none 51.4040.1 MATLOCK, JAMES 53.60 29.03 24.57 10/17/2002 24.07 . none 34.2106.2 MATLOCK, MELANIE R 263.23 63.88 8L63 61.31 56.41 6.9868.1 MATRIX HOMES 14.51 11.03 3.48 34.1968.2 MATTHEWS, DAVID & MICHELL 292.15 207.58 84.57 11/20/2002 74.58 - 19.0186,1 MATTHEWS, JERRY 99.25 65.24 34.01 10/21/2002 34.84 . none 22.1068.2 MAUPIN, SHELLY D 168.47 93,22 75.25 11/20/2002 38.80. 35.0243.2 MAUS, DOUGLAS & LAURIE 81.04 41.99 39.05 10/09/2002 40.89. 50.4821.1 MAWS tI3. SPRINLKER 24.12 6.96 3.48 3.48 10.20 11/21/2001 42.12 " 4.1626.1 MAXEY, SHANE & MICHELLE 84.10 84.04 .06 11/18/2002 120.00 - none 43.0188.1 MAYNES. STEVE 99.70 65.89 33.81 10/16/2002 62.47 - 34.1314.1 MCARTHUR, SYMPHONI 77.63 77.60 .03 11/25/2002 55.02 - none 33.2266.1 MCBRIDE, KEVIN 184.97 110.04 74.93 11/19/2002 100.00 - none 69,2258.4 MCCANDLESS. DOUG 95.70 46.27 49.43 11/19/2002 90.00. 42.2072.1 MCCLINTICK, TODD & LEISA 143.74 72.63 71.11 11/19/2002 95.44 - none 2.0450.2 MCCLURE. BRENT 188.39 107.56 80.57 .26 11/19/2002 118.00- 1.0170.2 MCCURDY, NATHAN 124.75 96.30 28.45 11/19/2002 30,26 - 31.3474.1 MCDONALD, SHAWN 144.37 76.30 68.07 10/24/2002 74,74. none 2.3660.2 MCFADDEN. CLEORA 100.81 62.90 37.91 31 .3242,1 MCGOWAN, DAVID E. 132.01 79,24 52.77 11/20/2002 65.39 . none 50,2192.1 MCGREGOR, JASON 83.01 47.59 35.42 10/21/2002 60.00 . none 31.0822.1 MCKAY, JOHN 160.63 111.12 49,51 11/18/2002 83.49 - none 34.1972.3 MCKEE, LESLIE 132.10 77.12 54.98 10/21/2002 141.00 - 14.3554.2 MCKINLEY. JACQUELINE 116.91 74.56 42.35 10108/2002 42.20 - 74.1104.9 MCKINLEY, JUNE 94.44 57.51 36.93 46.0558.2 MCKNIGHT, DANIEL 133.14 49.39 83.75 10/23/2002 120.60. 33.2556.1 MCLEAN. BRANDON 88.99 83,82 5.17 11/25/2002 45.00 . none 31.2192.2 MCMILLAN, VICKI 115.46 76,84 38.62 11/18/2002 55.00. 74.2342.2 MCMULLEN, FARIS & PATRICIA 81.39 4627 35.12 11/19/2002 50.00. 2.3892.1 MCNALLEY, RUSSELL 187.26 47.04 42.31 97.91 10/28/2002 30.00. none 74.0420.2 MCNEIL, JACOB 4071 30.71 10.00 12/09/2002 30.71 - 1.2730.1 MELLEN, ANGELA 204.89 114.88 89.81 .20 10/23/2002 1 72.00 - none 31.3304.2 MERCER. APRIL 180.70 127.14 53.56 11/1512002 80.00 - 4.0044.1 MERIDIAN SCHOOL DISTRICT 81.65 48.50 33.15 10/22/2002 53.61. 52.1090.1 MERIDIAN SPEEDWAY 682.00 286,34 395.66 10/21/2002 1.463.41 - none 52.1100,1 MERIDIAN SPEEDWAY 82.50 11.03 71.47 10/21/2002 244.43 . none 3.0700.1 MERIDIAN STORAGE 37.69 22.62 15,07 11/04/2002 18.83 . none 50.0554.2 METZGER, MICHELLE 148.43 3.48 144.95 06/28/2002 85.00 - 74.3248.1 MEYER, JOHN & LISA 129.80 64.31 65.29 11/19/2002 82.72 - none 31.2310.2 MEYER, SHERYL 76.33 76.30 .03 12/05/2002 40,00. 2.2030.1 MEYER, VIRGINIA 66.00 42.60 21.79 1.61 12/11/2002 22,62 - none 19.1708.2 MICHAS, JAMES 114.63 109.04 5.59 11/20/2002 110.00 - 2.2631.1 MIDTOWN SQUARE HOME ASS 488.68 125.54 363.14 10/22/2002 438.80 - none 20.0060,1 MULLER. JOHN 148.91 83.54 65,37 10/18/2002 177.48 . none 33.0056,1 MIKE CARDINAL 579,16 59.67 23.08 116.59 379,82 10/24/2001 322.22 - none 20.1698.1 MILLER & ASSOC 175.42 94.92 72.37 8.13 12/13/2002 50.00 - none 2.5330.3 MILLER, CHARLES 127.13 89.22 37.91 31.3414.1 MILLER. CHARLES & SHELLEY 231.79 165.62 66.17 11/13/2002 140.00 - none 21.2970.2 MILLER. GREG & JANET 143.05 88.94 54.11 11/04/2002 82.38 - 74.36961 MILLER. GREGORY & ERICA 100.58 6529 35.29 11/21/2002 34.06 - 3.0102.1 MILLER, KENT & JENNIFER 115.43 73.74 41.69 10/21/2002 83.08 - none 35.0244.2 MILLER, MARK & WEND I 142.91 142.91 OS/28/2002 45.96 " 341984.2 MILLER, RICKEY 12340 79.08 44.32 11/19/2002 50.00. 22.1152.1 MINSEW, CASEY 149.41 93.84 55.57 11/21/2002 71.06. none ... in Msg column indicales no Notice IS to be senl ( CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Dee 17. 2002 10;09am Current Period: 12130/2002 No Delinquent Minimum AmountDelinquenl Balance Last Pml Last Pml Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/3112002 Dale Amount Msg 1.2420.1 MIRONOV, BARBARA & OLEG 166.67 113.24 53.43 11/14/2002 62.13 - none 20.1852.2 MOLEBASH. JOHN & MONICA 153.27 97.06 56.21 11/22/2002 61.97 - 74.2624.3 MONGOMREY. JOSEPH & OOR 102.80 4921 53.59 4.0538. 1 MONSON. THOMAS 95.49 61.48 34.01 10/17/2002 66.74 - none 74.2938.4 MONTE HESS 97.12 50.03 47,09 10122/2002 4890 - 40.0202.2 MONTEE. KENNETH 9a.96 57.59 41.37 10121/2002 84.40 - 34.1540.1 MONTEFERRANTE, MICHELLE 145.35 7630 69.05 10/23/2002 77 .86 - none 50.3856.2 MONTGOMERY, JOSEPH & DO 90.08 42.37 47.71 22,2088.2 MOODY, SHAIN 127.61 84.80 42.81 11/18/2002 43.67 - 74,3300.1 MOORE, DONALD L. 69.00 34.99 34.01 11/18/2002 34.84 - none 6,1918.2 MOORE, KENNETH & CHRISTIE 137.94 59.00 22.43 27.33 29.18 08/2712002 27.00 - 46.0222.1 MOORE, KEVIN & LISA 135.96 6609 69.47 .40 10/08/2002 100.00 - none 32.0816.1 MOORE, RICK T. 155.61 79.62 75.99 11/18/2002 90.54 - none 74.3304.3 MOREY. TIM 75.54 35.81 39.73 11/18/2002 4742 - 2.4400.2 MORGAN, FRANK 146.23 90.52 55.71 11/08/2002 58,53. 3.0889.1 MORNING GLORY #2 HOA 10.44 3.48 6.96 21.2222.1 MORRISON, ROBERT & CORIN 88.44 74,72 13,72 11/06/2002 50.00 - none 22.1802.2 MOUNCE,ROBERT 154.65 99.90 54,75 11125/2002 70.00 - 4.2350.1 MOVIE GALLERY # 2986 52.82 18.86 7.55 7.55 18.86 08/19/2002 33,76 - none 21.1122.1 MULLIN. MICHAEL 118.21 79.46 38.75 10/18/2002 75.46 - none 88.0018.1 MUNICIPAL SERVICES 415.42 192.44 222.98 11/2:1/2002 103.25 - 19.7990.2 MUNKRES, MIKE 87,23 58.48 28.75 10/10/2002 58,24 - 3.0670.1 MURRAY, WAYNE 131.13 82.02 49.11 11/15/2002 64,00 - none 19,6572.1 NAKAGAWA. KATHY 91.01 73.74 17.2:7 08/22/2002 127.10 - none 51.3310.1 NASH, EDWARD & RUDGE, CY 58,06 38.51 19.55 11/18/2002 50.00 - none 22.1742.1 NATHAN PUGMIRE 181.69 101.12 80.57 12105/2002 80.00 - 4.1876.2 NEEDS. KATHY 154.81 87.96 66.85 11/18/2002 51.03- 19.0046.2 NEITZELL. JAMES & HEATHER 177.00 170.20 6.80 12/12/2002 35.00 - 31.0200.1 NEPHEW. ARTHUR D. 126.97 83.82 43.15 11/01/2002 45.00 . none 51.41m3 NESMITH, STEVE 94.25 45.4 7 48.78 10/28/2002 100.00 - 14.3622 2 NEWBERRY, SCOTT 11519 73.36 41.83 11/14/2002 40.73 - 1.3200.1 NEWKIRK. MARYANN 61.89 39.68 22.21 10/23/2002 56.92 - none 31 .3308.2 NICHOLS. TAMMY 107.08 80.06 27.02 10/31/2002 55.00 - 22,1290.1 NIGH. MICHAEL 185.69 104.14 81,55 11/18/2002 104,92 - none 32,1758.1 NORRIS. GLENA 115.39 95,58 19,81 11/18/2002 100. DO . none 47,1054.2 NORTH. STEVE & JOYCE 53.67 52.69 ,98 22,1632.2 O'HARA. KATIE 136.45 82.86 53,59 12/02/2002 8,82 " 20,2020.2 OPAL BLUME TRUST 200.35 128.94 71.41 10/24/2002 9080 - 32:,1460.1 OSBURN, JODY 144.61 95.26 49,35 10/11/2002 54.13 - none 51,3430.2 OVERTON, DAVID 94.24 45.31 38,89 10.04 12/16/2002 90.00 - 74.3286.1 OWENS. GLENN & VICKIE 104.64 52.81 51.83 11/15/2002 52.66 - none 2.2748.4 PACK. PAUL 177.87 97.22 80.65 10123/2002 139.88 - 21.2230.1 PAGE. LINDA 9369 62.46 31.23 11/18/2002 32.06 - none 50.4614.2 PAISANO ITALLlAN RESTURAN 494.06 262.82 231.24 11/19/2002 63.08 - 50.1770.2 PALMER, ELDON 66.70 34.19 32.51 10/22/2002 549.01 - 5.0428.1 PALOMO. ALEX 84.53 72,10 12.43 11/18/2002 50.00 . none 69.0300.1 PARK. JON & TESSIA 100.06 49.05 51.01 10/21/2002 99.76 . none 2.2190.1 PARKER. L RAY 137.76 79.08 39.05 19.63 12111/2002 39.05 - none 21.30111 PARKWOOD MEADOWS HOME 215.80 3930 71.10 105.40 09/23/2002 7698 - none 74.3044.1 PARRISH, STEVE 102.02 51.01 51.01 11/18/2002 4956 ' none 32.1700.1 PASTIAN. BRYON 126.27 8250 43.77 12/11/2002 5000 . none 33.2630.1 PATRICK. RYAN 156.71 84.20 72.51 11/08/2002 43.68. none 15.0524.1 PATTEE, RICHARD & ROSIE 148.33 101.04 47.29 11/18/2002 50.00 - 51.0318.3 PAULIN, BEN 5006 29.45 20.61 11/22/2002 30.00 - 2.0120.1 PEABODY, ELLA 118.52 7546 43.06 11/19/2002 35.00 - none ,.. in Msg column indicates no Nollcs is 10 be senl i I CITY OF MERIDIAN Delinquenl Account List- council Page: 12 Slandard Payment Customers Dee 17,2002 10:lOam Current Period: 12/30/2002 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 51.3810.2 PERKINS, BRADLEY & PATRICI 114,92 63.61 51.31 11/15/2002 57.07 - 51.0746.6 PERKINS. CHARLES 84.85 45.31 39.54 11/18/2002 44.00 - 1.1200.2 PERSIMMON RENTALS 125.51 99.02 26.49 12103/2002 90.00. 21.3160.1 PETERSEN. DOUGLAS & JENNI 144.55 91.56 52.99 11/19/2002 89.00 - none 22.1430.2 PETERSON. ERIC 19015 134.06 56.09 10/21/2002 196.16- 460874.1 PETTINGILL. C. BLAINE 64.06 41,87 22.19 11/19/2002 38.00 - none 31.0156.3 PETTINGILL, LEWIS 127.61 83,82 43,79 11/13/2002 36.81 - 4.1164.2 PHILLIPS. DAVID 154.81 109.86 44,95 10/23/2002 50.67. 74.3000.1 PHILLIPS. RICHARD 93.52 48.23 45.29 10/21/2002 96.16 - none 34.1560.1 PHILP, HAROLD 154.55 91.00 63.55 10/22/2002 155.38 - none 37.3868.3 PICCOLA, NATALIE & JASON 58.28 43.79 14.49 11/26/2002 40.00 - 22.1 526,1 PIERCE, TANYA 115.09 62.46 52.63 11/18/2002 70.12 - none 42.1160.1 PIETRZAK, JOHN 99.94 55.63 44.31 10/07/2002 89.30 . none 34.1220.1 PIPER, GLENN 139.35 40.50 23.03 22.91 52,91 09/25/2002 76.27 - none 2.1870,1 PIPER. LARRY 10619 65.02 41.17 10/24/2002 39.09 . none 19.0280.4 PISONE, AMERICO & JUNE 95.25 56.36 38.89 19.6644.1 PLACE. WILLIAM 107,55 58.70 34.01 14.84 11/25/2002 50.00 - none 72.0112.4 PLUM. GINGER & LARRY 48,39 42.51 5.88 12/16/2002 42.51 - 3.0852.1 POFFENBERGER, EUGENE & E 143.33 96.30 47.03 11/18/2002 80.00 - none n0866 1 POLLARD. RONALD 338.89 201.56 137.13 11/19/2002 200.00 - none 33.3754.2 POMERLEAU. KATRINA 111.51 73.74 37.77 10106/2002 39.58 - 34.1412.4 PONATH, JOHN 107.99 59,30 48.69 10/09/2002 57.39 - 51.1166.2 POND. JUSTIN 16.56 11,03 7,55 51.1168.2 POND. JUSTIN 18.58 11,03 7.55 21.1942.1 POOL. JAMES H. 259.29 259.29 01/15/2002 25.00 - none 22.0178.4 POPE. GERALD 117.15 75.32 41.83 32.0718.1 POPE. LOIS S 137.91 91.34 46.57 10/30/2002 64.09 - none 69,0522.1 PORTER. DOUGLAS 129.10 56.71 72.39 10/17/2002 64.03 - none 21.2604.1 PORTER. RODNEY 111.74 106.92 4.62 11/14/2002 100.00 . none 21.0078.1 POTRIDGE, GAIL 130.31 85.02 45.29 10/22/2002 45.14 - none 502402.1 POWELL. RANDY 129.96 72.11 57.85 12/02/2002 64.59 - none 35,0398.2 POWERS. PAXTON 53.47 51.47 2.00 11/18/2002 45.59 - 31.1266.1 PREISLER. SAMUEL 199.01 118.36 80.65 12/01/2002 37.96 - none 2,0418.2 PRICE, DOUGLAS 178.11 110.30 67.81 11/19/2002 94,76 - 51.3102.2 PRICE, REBECCA 78,54 44.44 34.10 10/21/2002 33,96. 2U 828.2 PRINTZ, DENIA 150.79 94.34 52.81 3.64 12/03/2002 25,00 - 34.3330.1 PRITIKEN, ROGER & TERESE 109.95 69.76 40.19 10/28/2002 56,73 - none 46.0316.2 PRZYBOS, JOSEPHINE 81.26 43.35 37.91 10/22/2002 41.71 - 6.9834.1 PTACEK, CAROL & RON 43.44 20.82 12.29 10.33 09/16/2002 20,66. 42248.2 PUCKETT, RUSSELL 168.46 97.28 71.16 11/16/2002 100.00 - 14.5034.2 PUTMAN. CHERYL 76.81 50.96 24.99 .86 11/19/2002 24.99 - 34.1172.1 QUARNBERG, CARL & DOROT 188.08 121.58 66.50 11/25/2002 86.00 - none 21.1476.2 QUiNT ANA, LOUIS 61.51 52.76 28.75 11/18/2002 27.65- 21.1658.1 R & M HOMES 72.39 71.78 .61 10/30/2002 14.26 - none 74.0902.2 RACKHAM. LARRY 55.55 21.24 19.28 15.03 10/17/2002 30.15 - 52.1002.2 RAFANELLI & NAHAS 110.86 76.41 3445 09/17/2002 41.80. 21.2766.1 RANDALL. GLENDA 104.95 59.84 45.11 10/22/2002 13556 . none 2.5670.1 RANSOM. JAMES R. 164.97 78.26 4591 40.80 12/06/2002 50.00 . none 21.3088.2 RASMUSSEN. CLINTON 254.95 8876 5279 101.64 11.76 10/21/2002 10164 . 2117542 RASMUSSEN, DANIEL & JENNI 60.67 54.72 26.15 11/04/2002 38.89 - 35.0032.2 RASUSSEN. DANIEL 5660 30.67 27.93 10/16/2002 29.77 - 16.3001.1 RATCLIFFE INVESTMENTS 20.88 6.96 3.48 348 6.96 50.4594.2 RCG INC 72.10 48.77 23,33 12/02/2002 20.00 - 22 2260 2 REAVIS. JEFFREY 145.27 144.32 95 12/16/2002 106.00 - 33.2374.3 REBOLLOZO, JOSE & DALILA 111.67 81.04 30.83 11/13/2002 50.00 - 'H in Msg colu mn indicates no Nolice is to be sent CITY OF MERIDIAN Delinquent Account Lisl- council Page: 13 Slandard Payment Cuslomers Dec 17,2002 10:10am Currenl Period: 1213012002 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 10131/2002 09/30/2002 08/31/2002 Date Amount Msg 2.2580.1 REED, DEBORAH 124.74 86.26 38.48 11/18/2002 80,00. none 2.6940.2 REED, STACIE 107.99 69.76 38.23 10/15/2002 86.02 - 2.04122 REID, JOHN 172.95 108.06 64.89 11/18/2002 75.52 - 22.0814.1 REMAXJCAPIT AL CITY 324,08 41.01 85.59 197.48 06125/2002 167.42 - none 42.2730.1 REPACl,LYNETTE 109.42 58.41 51.01 10/09/2002 113.48 - none 36.1112.1 RF CONSTRUCTION 10,72 7,24 3.48 33.4578.1 RHINEHART, DOUG & MARY 119.70 93.52 26.18 1111912002 100.00 - none 19.4422,2 RICE, BEN 73.63 69.76 3,87 1111412002 26.68 - 31.1062.1 RIDGEWAY, ROBERT & CAROL 200.33 116.18 84,15 1111 3/2002 82.07 - none 14.5002.3 RIDGWAY. DALE 140.45 89.60 50,85 10/18/2002 60.50. 1.4100.5 RINCOVER. LAWRENCE 165,14 89,70 75.44 11/21/2002 43.00 - 75.0112.1 ROARING SPRINGS WATER PA 26.38 7,55 18.83 10/2212002 391.07 - 19.1298.1 ROBERTS CUSTOM HOMES 73.77 73.74 .03 10/31/2002 46.24 - 34.0956.6 ROBICHAUD. ROBERT 99.50 90.68 8.82 5,0180.1 ROCCA. DEANO & PAMELA 107.17 100.54 6.63 12/13/2002 71 00 - none 34.1982,1 RODRIGUEZ, RODGER 184.84 149.70 35.14 11/05/2002 79.59. none 74.2708.5 ROSS, EUGENE 82.68 36.93 45.75 4.1844.3 ROSSI. PIETRO 99.55 53.30 46.25 10/1412002 147.08 - 20.2060.2 ROTMAN, ARY 125.04 124.98 .06 12/1612002 37.57 - 1.4430.1 ROWLEY, HELEN 49.90 49.72 .18 0911012002 72.24 - none 15.0040.3 ROWLEY, RICHARD 124.83 82,02 42.81 11/18/2002 44.65 - 50.4630.1 RUEPPEL, RONALD 87.18 36,51 50.67 11/12/2002 131.46 - none 47,0074,2 RUMSEY, PHILIP & JENNIFER 92.04 51,19 40,85 2.3180.1 RYAN, WALTER 75.24 63,06 12.18 12/16/2002 10000, none 74.3244.2 SARGENT, RICHARD & TERES 117,64 73,33 44.31 12/11/2002 30.00 - 8,0112.1 SAWTOOTH HOMES 52.41 34.94 17.47 11/04/2002 6.96 - 2.5680.1 SAXTON. CORY 220,69 11.32 209,37 06/19/2002 76.22 ' none 65.0872.4 SCHILD, LES 37.58 20.26 17.32 11/1812002 34.84 - 74.0382.2 SCHILDHAUER, YOULANDA 97.44 46.27 51.17 11/18/2002 58.86 - 31.3266.3 SCHLITT, GARY 186.79 113.00 73.79 11/22/2002 4759 - 74.3170.2 SCHNEIDERMAN, MATTHEW 91.56 46.27 45.29 10/23/2002 4612. 42.3050.1 SCHOLZ, LESLIE 98.02 54.65 43.37 11/1812002 50.00 - none 21.1114.1 SCHOOLCRAFT, DANNY 161.51 82,08 79.43 1110712002 91.04 - none 21,1670,1 SCHOPPELREY, DOUGLAS & C 111.16 106.10 5.06 1211612002 85.15 - none 32.0622.4 SCHUSTER, BILL & LESLIE 240.02 85.02 43,33 59.84 51.83 12/0512002 70.20 - 3.0042.1 SCHWEND, LUVMINDA 127.64 84.80 42,84 11/1812002 40 00 - none 5.0414.3 SCOTT, EDWIN & KATHY 137.49 85.18 52,31 1012212002 108.62 - 34,2760.4 SEALY,CANDYCE 142.31 109.64 32,67 10/21/2002 25.69 - 3.0677.1 SECO ASSOCIATES INC 18.82 8,92 4.46 5.44 09/18/2002 14.12 - none 21.2904.1 SEVIERI. MIKE 91.07 56.90 34.17 11/14/2002 4284 - none 50.0306.1 SEXTON, CLIFFORD 42.18 20.95 21.23 10/11/2002 126.39 . none 47.1096.1 SHADOW MOUNTAIN CONSTR 28,89 21.93 3.48 3.48 74.0322.2 SHELDON, PAM 63.42 40,19 23.23 12/16/2002 15.00 - 50,3694,3 SHELTRON. ROGER 109,22 53.67 55.55 11/18/2002 77.97 - 32.1348,7 SHEL TRON, ROGER 103.59 66.66 36.93 42,2526,1 SHEL TRON. ROGER 145,96 62.17 83,79 10124/2002 134.72 - none 34,20481 SHEPERD, CRAIG 115.67 75.48 40,19 11105/2002 4912 - none 74.3960.1 SHERARD. BILL 103.00 53.95 49,05 11/19/2002 4388 - none 46.46541 SHERWIN WILLIAMS 458.08 239.28 216.80 10/1712002 215.50 - none 46.4655.1 SHERWIN WILLIAMS 5160 22.64 28.96 1011712002 16.22. none 5002921 SHOEMAKER. TAMI 88.07 62.47 25.60 11/1912002 65 DO - none 21.0208.1 SILSBY, TERRY 267.61 83.54 61,13 122.94 1211612002 10000. none 32.0862.2 SILVA. TAMERA 125.87 97.22 28,65 1112512002 5000 - 69.1292.3 SIMMONS. BRETT 85,26 36.27 49.01 10/21/2002 172.26 - 1.22502 SIMON. BRADY 117.15 74,34 42.81 11/04/2002 54,45 - ... in Msg column indicates no Notice IS to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 14 Standard Payment Customers Dec 17,2002 10:10am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/3112002 Date Amount Msg 313236.2 SINCLAIR, KEN 169.05 87.58 81,47 10/23/2002 110.54 - 34.0822.1 SITZLAR, RON & GAY 79.10 78.10 1,00 12/02/2002 51.00 - none 30038.1 SKOGERSON. THOMAS 10905 67.20 41.85 10/18/2002 12.72 - none 50.0138.3 SMITH, BARBARA 108.70 51.19 57.51 21.3010.1 SMiTH, BRYAN 88.90 62,24 26.66 11/13/2002 50.00 - none 21.2128.2 SMITH, DANIEL 140.19 93.46 46.73 10/15/2002 48,57 - 510498.1 SMITH. KARL 163.63 45.63 44.11 73.89 11/01/2002 90.00 - none 2.1700.2 SMITH, LEON & JANICE 129.75 82.52 47.23 09/23/2002 188.13 - 50.0144,5 SMITH, RON & SYLVIA 10643 58.05 48.38 11/15/2002 50.00 - 74.3480,4 SMITH, RON & VICKI 79.59 38.89 36.93 3.77 11/19/2002 35.00 - 33.2296.1 SMITH, RONALD & MELISSA 117,12 115.04 2.08 10/29/2002 110.22 - none 32.4822.3 SOMAZZI, ROGER & JENNIFER 108.97 67.14 41.83 10/17/2002 111.99 - 32.1576.1 SON, DAVID & SHELLIE 153.06 53.58 32.35 67.13 10/03/2002 86.00 - none 33.2646.1 SONDERMAN, MARTIN 8138 81.04 .34 1 2/16/2002 40.50 - none 21.3164.1 SOWER, MICHAEL 145.01 93.68 51.33 11/15/2002 66.74 - none 69.1312.2 SPANGLER, KEVIN 125.20 52.31 72.89 10/17/2002 85.48 - 2.3430.1 SPEARS, BRYCE J. 221.93 157.20 64.73 12/12/2002 65.00 - none 74.3346.1 SPELL, MAYNARD 97.12 49.05 48.07 10/08/2002 97.80 - none 50.1254.3 SPENCER. ROBERT & CAROLL 122.04 50.21 71.83 10/23/2002 95.18 - 69.1640.2 SPENCER, SHIRLEY 101.36 48.23 53.13 10/08/2002 38.77 - 32.1686.3 ST GEORGE. JASON 90.11 82.02 8.09 11/19/2002 50.00- 3.0426.2 STAGGERS, PERRY 160.05 89.26 70.79 11/18/2002 100.00 - 32.1598.2 STAGGS, DUKE 122.37 77.28 45.09 10/21/2002 81.12 - 21.0200.3 STARR, DALE & MICHELLE 67.57 66.82 ,75 12/01/2002 45.00. 21.0012.1 STEIDER, CHRIS 127.19 72.92 54,27 10/10/2002 114.88 - none 22.1048.1 STEINER, THURSTON 197.97 120.00 77.97 11/18/2002 91.54 - none 32.0824.4 STEVENS, LARRY 175,17 111.26 63.91 11/20/2002 42.58 - 50416.1 STIEF, PATTY 214.81 137.76 77.05 11/07/2002 101.34 - none 42.3056.4 STINAR, ILENE 75.22 73.99 1.23 11/22/2002 55.00. 20.1688.3 STOLZ, DONALD 131.59 78.96 52.63 10/31/2002 54.44 . 22.1406.2 STRAIGHT. PHILLIP 109.97 87.96 22.01 11/19/2002 65.00- 21.2118.1 STRINGER, LARRY & EVANGEL 18965 122.62 67.03 10/17/2002 144.54 - none 21 .2922.3 STUART. DEAN & DIANE 237 09 107,90 129.19 11/19/2002 65.72 - 13,1194.1 STURTEVANT, DON AND JENNI 82.06 77,28 4.78 11/14/2002 30.51 - 210164.3 SULLIVAN, KATHY 176.05 103.32 72.73 10/18/2002 78,46- 21.1 130.2 SULLIVAN. KATHY 187.31 104.62 82.69 10/18/2002 111.94. 15.0056.2 SUNADA. LEROY 86.92 76.30 10.62 10/29/2002 35.00 - 13.8462.4 SUNRISE ESTATES 123.61 80.28 43.33 10/22/2002 42.20 - 34.2879.1 SUPERtOR CONSTRUCTION 17 .40 6.96 3.48 3.48 3.48 08/19/2002 3.48- 31.3468.2 SUTTON Ill. DONALD 11301 93.52 19.49 12/02/2002 40.00. 6.1914.1 SWANSON. STEVE 6273 52.04 10.69 11/04/2002 24.67 - 51.1134.1 SWCR 47.98 4798 12104/2000 12.96 - 51.1129.1 SWCR CORP 469.15 186.76 226.94 55,45 12/12/2002 200.00 - 42.2350.2 TADEVIC. GEORGE 59.66 59.55 .11 12/09/2002 46.00 - 69.0484.6 TADEVIC, TOM 106.68 51.17 55.51 11/20/2002 80.00 - 6.1290.1 TAHOE CONSTRUCTION 123.55 120.07 3.48 09/17/2002 20.00 - 2.3370.2 TALBOTT. BYRON 87.81 87.81 10/10/2002 4883 - 20.1964.2 TECO INVESTMENTS 179 03 99.00 80.03 11/12/2002 100.00. 50.1020.1 TECO INVESTMENTS 49.12 43.01 611 10/16/2002 65.00. none 2.1970.2 TEETER. TRACY 16251 106.76 55.75 11/07/2002 70.30 - 31.2314.2 TEIXEIRA. MICHELLE 100.4 7 66.98 33.49 11/15/2002 3755 - 31.0798.3 THIEMANN, CHRIS 123.03 75.32 47.71 11/14/2002 53.47 . 6.1366,1 THOMPSON HOMES 82.81 60.22 22.59 10/11/2002 71.50 - 32.1558.4 THOMPSON. GARY 106.38 100.00 6.38 09102/2002 85.00 - 50.2110.2 THOMPSON. RHONDA 101.52 56.91 44.61 11/19/2002 47.43 - ... in Msg column indicates no Notice is 10 be senl CITY OF MERIDIAN Delinquent Account List- council Page' 15 Standard Payment Customers Dec 17, 2002 1O:11am Current Period: 1213012002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10131/2002 09/3012002 0813112002 Date Amount Msg 1.1950.1 THORNE, TORY 365,31 231.06 134.25 1112012002 146.34 - none 1.1940.1 THORNE. TORY L 272,11 181.84 90.27 1112012002 101.05 - none 212768.2 THURBER. RICHARD 145.51 92.54 52.97 1111812002 63.60- 2.5360.1 TIDWELL. ROBERT 142.78 88.56 53.27 .95 1111812002 6200 - none 2.4062.4 TIMBERLINE INVESTMENTS 106.72 74.72 32,00 12113/2002 20.47 - 2.2200.3 TODD. RICK 86.25 57.50 28.75 11118/2002 70.00 - 22.2354.1 TOFFELMIER, ROBERT & JODI 154.67 103.82 50.85 10/3012002 54,62 - 34.1902.2 TOLBOE, ANDREW 84.61 56.68 27.93 10/2212002 86.98 - 13.8570.2 TORFIN. CHRISTOFFER 149.27 104,96 44.31 10122/2002 90.28 - 50.4022,3 TORGESON. MATTHEW 107.37 78.41 28.96 11120/2002 50.00 - 42,1216,1 TOROK. ZSOL T 67.90 36.67 31.23 10111/2002 63.14 - none 74.2464.1 TOWN, NEAL 140.92 72.91 6801 11118/2002 82.56 - none 31.2202.1 TOWNE. DOUGLAS 109,83 109.80 .03 11/2012002 73.82 - none 42.2714.3 TOWNSEND, DAVE & JOYCE 109.17 109.17 20.1492.1 TRAMPLEASURE, DENNIS 163.01 104.64 58,37 1011612002 84.38 - none 1.1340.1 TRETTIN. THERON 52.60 25.81 26,79 10130/2002 29.61 - none 3.0290.3 TRICKETT, TARA 84.77 55.86 28.91 10122/2002 52.68 - 35.3040.1 TRINITY HOMES 39.98 33.56 6.42 13.8546.2 TROGDON, TYKE JR 159.33 85.02 74.31 1012312002 109.54 - 33.2592.1 TROSPER. CLIFF 112.45 73.52 38.93 11/18/2002 40.00 - none 2.4490.1 TSGT JAMES BURRELL 126.81 73.04 53.77 10/2412002 83.05 - none 25.4090.1 TUSCANY HOMES 320.49 17.47 210.71 92.31 25.4026.1 TUSCANY HOMES 109.48 109.48 34.2104.1 TYLER, HEIDI 239.51 158.20 81.31 11120/2002 55.11 - none 50.0506.2 ULMER, NIKI 94.32 49.39 44.93 11119/2002 41.87 - 52.0263.1 UNDER THE ONION 251.52 3.48 169.10 78.94 10/28/2002 61.30 - none 74.2876.1 USSERY, TRACY 126.22 66.05 60.17 11/1912002 67.86 - none 74.3532.1 VALDEZ. RICARDO 100.06 51.99 48.07 10/1812002 47.92. none 50,0598.2 VALDEZ. TONY 115.70 44.15 71.55 12/0112002 73.00 - 20.3221.1 VALLI BUILDERS 152.58 19.80 132.78 03/1112002 32.96, 42.3968.1 VANHOUTEN, MIKE 68,10 39.45 28.65 11/1812002 50.00 - none 22.1770.3 VAUGHAN, WILLIAM & LORI 83.30 72.54 10.76 11/22/2002 24.53- 20466.1 VICK, WILLIAM & KELLY 157.51 97.22 60,29 1111912002 70.95 - none 34.1658.2 VIDEEN, STEVEN & ELIZABETH 135.44 84.80 50,64 1012812002 71.11 - 42.0324.1 VIVES. MARK 102.88 56.61 46.27 11118/2002 48.08 - none 50.3742.2 VNUK, JOHN 166.38 62.63 94.43 11.32 11118/2002 170.00 - 220318.1 VOORHEES. MiCHAEL 124.41 73.74 50.67 11119/2002 40.72 - none 74.2690.3 VUITTONET. JUAN 292.56 46.27 52.15 101.98 92.16 09104/2002 200,00 . 1 .4692.3 VWR INTERNATIONAL 325.73 287.23 38.50 11/22/2002 38,50 - 35.5017.2 WAGEMAN. CLINT 60.57 41.01 19.56 11/19/2002 50.00 - 31,3464.2 WALBORN. KRIS & CARR. TER 119.27 79.24 40.03 10/22/2002 79.82 - 1,2310.2 WALKER, BETTE 173.87 117,06 56.81 11/18/2002 65.00 - 31.0608,1 WALKER, MICHAEL 177.47 125,18 5229 11/18/2002 58.05 - none 34.2734.1 WALL, MIKE 105.05 68,78 36.27 11/04/2002 40.81 - none 46.0860.2 WALMER. TAMMY JO 108.18 44.19 39.73 24.26 10/08/2002 50.00. 32.1306.2 WALSH. DAVID & CARA 128.51 86.98 41.53 11/19/2002 44.32- 22.0466.1 WALSH. LAWRENCE & KAPRI 178.77 116.02 62.75 10/17/2002 108.69 - none 34.1938.1 WALSH. RACHAEL A 141.69 84.32 57.37 10/1412002 89.59 - none 1.3340.1 WALSH. RON 136.52 136.52 01/1612002 29.17 - "'none 502388.4 WARD, LINDA 84.05 67.39 1666 20.0190.1 WARD. LINDA K 183.40 81.20 75,31 26.89 11/0412002 50.00 . none 74.3426.1 WARDEN, CAROL YNE 155.22 77.61 77,61 10131/2002 111.79 - 20.1846.1 WARE. MICKEY L. 141.07 81.58 59.49 1111412002 98.54 - none 19.4470.2 WATLINGTON. JUSTIN 122.79 76.52 46.27 1010912002 47.10- 31.3388.1 WATSON, COREY S 128.92 84.80 44.12 10/28/2002 60.00 - none .,. in Msg column indicates no Notice IS to be sent CITY OF MERIDIAN Deli nquent Account Lisl- council Page: 16 Standard Payment Customers Dec 17, 2002 1O:11am Current Period: 12/30/2002 No Delinquent Minimum AmounlDelinquenl Balance last Pmt last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 74.30521 WATSON. JASON 100,72 50.65 49.87 10/22/2002 105.32 - none 31.2230.1 WATTERS, TAMI 50.00 44.97 5.03 10/18/2002 22.90 - none 30302.2 WATTS, MELVIN & SONDEE 81.28 81D4 .24 11/05/2002 98.00- 50.20882 WATTS, WALTER 88.44 49.39 39.05 10109/2002 40.89 - 51.3198.3 WEAST. WESLEY 142.39 77.35 65.04 11125/2002 62.00 - 42.0462.4 WEBB, HENRY & CHERRIE 141.70 64.45 77.25 11118/2002 44.36 - 74.3544.2 WEBBER. ALLANA 55.45 31.53 23,92 11/15/2002 40,00 - 22.1238.1 WEISS, DAVID M. 196.45 96,30 100.15 11/18/2002 80,00 . none 3.9868.1 WENDELL & KASHA LAWRENC 354.55 341,96 12,57 11/15/2002 170.00 - 31.3322 1 WESTON, DECKER 157,37 102.46 54.91 11/19/2002 54.79 - none 6.92141 WESTROCK HOMES. INC. 81.15 81.15 40.0434.1 WETHERED, PEGGY 68.20 68.05 .15 10/30/2002 107.28 - none 51.3640 1 WHEELER. LOREN R 39.93 38.93 1.00 12/01/2002 31.51 - none 32.1404.1 WHITE, ALAN & SHARON 166.84 108.18 58.66 11/15/2002 70.00 - none 21.1590.1 WHITTEN. DAVID 81.01 76.52 4.49 12/16/2002 40.00 - none 65.0360.1 WHITWEll. PAUL 42.02 41.99 .03 11/1912002 40.00 - none 5.0792.1 WiCI<. DON 206.57 119.50 87.07 11/19/2002 100,00 - none 52.0262.1 WILD SHAMROCK llP 952.71 389.02 273.26 290.43 10/28/2002 252.83 - none 69.1304.1 WILDE, KENNETH 197.78 93,99 103.79 11/19/2002 153.62 - none 32.0618.2 WILKERSON, JASON 137.68 86.60 51.08 11/16/2002 54.00 - 19.6586.3 WILLIAMS, DAVID & DUlHANTY 84.93 74.34 10.59 09/1 3/2002 79.82- 2.2040.1 WILLIAMS, FRED 164.83 81.04 43.79 40.00 11/20/2002 61.66 - none 35.1160.2 WilLIAMS, TERRY 187,38 39.21 148.17 10/09/2002 91.90. 32.1252.2 WILLIAMSON. DALE 67,83 67.80 .03 12/16/2002 40.00 - 50.0070.1 WilLIAMSON, JOHN 45.06 37.95 7.11 11/15/2002 37.29 - none 2.0250.1 WilLIAMSON, JOHN F 94.51 76.30 18.21 11/15/2002 40.89 - none 2.0290.1 WILLIAMSON, JOHN F 80.40 71.56 8.84 11/15/2002 39.91 . none 30004.1 WiLSON. JAN 90.91 60.66 30.25 11/14/2002 31.08 - none 33.3662.1 WILSON, RANDY 119.27 77.28 41.99 11/04/2002 43.83 . none 7.0880.2 WINKLER, GREG 95.30 71.56 23.74 11/14/2002 40.00 - 350227.1 WINN. RANDY 60.55 30.55 30.00 11/18/2002 30.98 - 740094.3 WINWOOD. RANDY & CATHY 190.81 84.49 79.59 26.73 11/05/2002 110.00- 300262 WOLIN. DALE 118.13 80.06 38.Q7 10/17/2002 84.72 - 33.4282.3 WOLIN, DALE & LOIS 114.95 72.60 42,35 10/22/2002 43,18 - 14,3006.2 WOOD. DOUGLAS & MELANIE 90.21 89.76 .45 11/21/2002 46.00. 19,7176.1 WOODS. DAVID 104.32 103,82 .50 11/18/2002 50.35 - none 34.1506.2 WOODWARD, ROBERT 112.52 68.78 36.27 7.47 10/22/2002 60.00 - 32.1632.1 WRIGHT. MICHAEL & SUSAN 125.65 83.82 41.83 11/19/2002 43.67 - none 33.2382.6 YAMAMOTO. KRISTINE 130.55 87.74 42.81 10/18/2002 84.40 . 74.33486 YEATTS. PAMELA 229.60 185.29 44.31 11/20/2002 43.67 - 740372.3 YELTON, LAURA 88.89 46.73 42.16 11/19/2002 60.00 - 68.0158.1 YOKOM. TOM 167.98 118.07 49.91 11115/2002 50.00 . none 13.8458.2 YORK. RICHARD 114.95 73.58 41.37 11115/2002 42.20 - 2.0670.1 YOUNG. AUSTIN L 118.44 89.70 28.74 11121/2002 40.00 - none 20.1862.1 YOUNG. DOUG 166.83 79.62 87.21 11/18/2002 78.62 - none 21.1768.1 YOUNG. JEFF 81.43 53.96 27.47 10/22/2002 31.24. none 7.1072.1 YOUNG. MIKE & ROBIN 145.60 59.30 68.07 1823 10/24/2002 111.57. 50.37841 ZAVALA. JOSE 92.04 53.47 36.27 2,30 11/15/2002 70.00 . none 40848.2 ZIMMERMAN, BRAD 125.81 85.78 40.03 10/24/2002 40.89 - 31.0658.2 ZIMMERMAN, RONALD 129.35 95.90 33A5 12/01/2002 3190 - 46.0446.1 ZIMMERMAN, WILLIAM 53.45 53.15 .30 12/06/2002 45,75 . none Grand Totals: 119,426.28 71 ,035.34 40,045.68 4,578.37 3,766.89 ... in Msg column Indicates no Notice is to be sent u.. N u.. 9 0 0 ,... => Ck: I <( Vl W ...J r <( ...J => <( ,... U U Vl <( u:: u.. o ,... => :r: Vl ...J <( ::J ,... U <( '<t o M o Ck: <( t.U >- ...J <( U Vl u:: ...J Q z => o (J o ,... ,... Z t.U 3: '<t o M o Ck: <( t.U >- ...J <( U Vl u:: L.I.. L.I.. o ,... => :r: Vl ...J <( => ..... U <( (<) o N o Ck: <( w r ...J <( U Vl u:: -' Q z => o u o ..... ..... Z w 3: (<) o N o Ck: <( W >- ...J <( U !<2 L.I.. =:! N (J 9 z => 0 0 Ck: (J <( '" 0 UJ f:j >- ::;: '<t N ..... ...J ~ 0 " (<) ..... <( M M "" Z U '" w S Vl U u:: I 0:: 0:: 0:: I- 0:: UJ UJ >- >- UJ . Z lU <Xl CO 0:: 0:: 0- <Xl . 0 (Q 26 ~ ~ <.( :r: :3 ~ * 0 :::J (J ...J :2 LU --J UJ lU ~ <( 0- > 0:: 0:: 0:: >- >- 0 U 0 U Z co <( <( Z Z --J Q. t- LU <( lU Q. :::J :::J ::) ::) UJ 0 0 z: a -. "- ~ <( ~ -. -, -. <.( V) ..... l.L l.L a I- ::> J: If) ..J <( ::> I- () <%: ..J U z ::> a () a l- I- Z w ~ lL lL a I- ::> J: If) ..J <%: ::> I- () <( ..I U z ::> a () a l- I- Z W ~ l.L l.L a I- ::> J: In ..I <%: ::> I- () <%: ..J U z ::> 0 () 0 I'- t":> 0 r- r- v r- 0 00 v l- V U') Ln I'- (J) U') v ro Q) 0 I- ,,- <"? 00 I'- (0 (0 N U') U') (0 Z 'It W ~ l.L J: l.L I- ~ 0 z cr: 0:: >- W Z 0 ~ w w >- 0:: co ~ :E w co co 0:: <( I- ~ :;:) III ~ ~ <( ::> J: If) W ..I I- a w w ::> ~ u ..I W W >- ::> I- ~ 0 I- > U Z co ~ ~ >- z Z ..I e" c.. Z . . u 0 w <%: w <%: c.. <( :J ::> ::> :J w a . ~ a z 0 ...., l.L ~ <%: ~ ...., ...., ...., <( In l- . RECEIVED DELINQUENCY FOR TURN OFF SCHEDULED FOR December 18, 2002 J "" l f City of Meridian City Clerk Office MAY 0 R: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, Decen1ber 17, 2002, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You lnay retain counsel. This service will be discontinued on Decell1ber 18, 2002 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (N 0 response.) MA YOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $31,853.39. CITY OF MERIDIAN Delinquent Account Ust- council Page: 1 Standard Payment Customers Dec 17, 2002 10:07am Current Period; 12130/2002 No Delfnquentlvlinimum AmountDelinquen! Balance Report Criteria: Terminated customers not included Customer.Gust No = (<} 9900000 Last Pm! Last Pmt Gust No Name Balance Non-Delinq 10131/2002 09/30/2002 08/31/2002 Date Amount Msg 74.2744.1 ABBOTT, KEVIN & SHAWNA 103.92 52.45 51.47 11/18/2002 78.79 - none 34.2090.1 ABBOTT. PERRY 135.29 90,52 44.77 10/10/2002 129.48 - none 34.3240.3 ABBOTT. REBECCA 108.97 72.04 36.93 4.0868.2 ABLE. MICHAEL 132.27 8698 45.29 11/18/2002 46.12- 2.1930.2 ACUNA. JULIO & 111.43 68.62 4281 11/18/2002 69,55 - 74.2668.1 ADAMS. CATHY 106.60 55.75 50.85 11/20/2002 74.22 - none 2,1480,2 AFFINITY CARE 430.81 273,16 157.65 11/19/2002 175.23 - 42.2370.3 AIKMAN, WILLIAM 146.42 146.42 50.1476,1 All & FARHA ISHAQ. SABIHA 1.435.95 533.86 442.46 459.63 11/20/2002 424.99 - none 210218.2 ALLEN. MARK & HELEN 92,63 57.50 35.13 10/08/2002 196.44 . 37,3248.2 ALLEN, MARK & MICHELLE 87.58 43.79 43.79 11/05/2002 43.67 - 74.2452.1 ALLEN. RICHARD L. 113.46 5379 59.67 11/15/2002 81.08 - none 31.3422.1 ALLEN. SEDENA 86,29 8404 2.25 12/16/2002 45,00 - none 15.0110.2 ALTA 138.23 92.48 45.75 10/23/2002 151.06. 42.2462.1 ALTMAN. ROBERT 96.78 44.47 52.31 10/10/2002 130.78 - none 31.1004.1 AMOS HENDERSHOT 60.65 60.65 11/13/2002 246,75 - none 22.2572,1 ANCHOR HOMES INC. 64.74 53.74 11.00 10/28/2002 3.48- 34.0930,1 ANDERSON, DALLAS 137.57 84.96 52.61 10/15/2002 138.30 - none 4.2256.2 ANDERSON, NELSON 123.17 8224 40,93 12/01/2002 75.00 - 19.0068.2 ANDERSON. SKIP & JULIE 104.42 96.46 7.96 11/08/2002 49.06 - 31.3496.7 ANDERSON, WILBUR 150,73 90.74 59.99 11118/2002 81,89 - 50.4494.3 ANDESON, STAN 37.09 36.97 .12 11/26/2002 31.41 - 14.4428,1 ANN MAKA 190.55 10676 83.79 10/23/2002 109.24 - 2.6300.1 ANSON. PATRICIA 128.41 10572 22,69 12/02/2002 50,00 - none 51.1138.2 ARANA & RC, LAND COMPANY 18.58 11,03 7.55 15.0300.2 ARMSTRONG, BRENT 145.51 78,26 67.25 10/23/2002 76.22- 42.1988.2 ARMSTRONG, GARY & LAURA 115.21 75.21 40.00 12/16/2002 20.95- 53.0701,1 ARNOLD MACHINERY 206.34 3.48 108,34 94,52 12/1612002 3.48 - none 50.1626,2 ARNZEN FUNERAL SERVICE, I 61.70 3496 26.74 10/30/2002 30.32 - 21.1708.1 ARTE. MICHELLE & RICK 131,73 110.68 21.05 11/18/2002 105.00 - none 51,3370.1 ATWOOD. CINDI 49.33 46.45 2.88 11/19/2002 100.00 - none 34,3280.2 AUGUST. HENRY & TILLIE 75.81 75.64 ,17 11/05/2002 145,00. 5101801 B M C. WEST 23.32 1201 11.31 10/21/2002 11 .31 - none 69,1620,1 BACHMAN. MICHAEL L 84.04 4251 41,53 11/22/2002 95.28 - none 51.0290.3 BAILEY, PEGGY 101.76 69.09 32.67 11/20/2002 38.43 - 2.3680.3 BAINBRIDGE. STEVE 163.67 84.48 79.19 10/24/2002 119.70- 33.3702.3 BAKER. KEITH 123.85 81.04 42.81 10/18/2002 41,71 - 42.1202.1 BANNER SCOTT 43.20 42.39 ,81 11/21/2002 38.76 - none 4.1424.1 BARNEKOFF, SHIRLY 129.95 79,12 50.83 10/08/2002 119,98 - none 4.1620.6 BARNEY. MARY 178.28 7832 73,71 26.25 11/15/2002 100.00 - 21.1018,5 BARNEY. MARY 201 ,39 13160 69-79 11/18/2002 129.56 - 21.1894.1 BARNHART. CLINTON 117.97 7586 42.11 11/18/2002 60.00 - none 50,1912.2 BARNHART. RICK 58.44 5841 .03 12109/2002 80.00 - 3.0120.1 BARRETT. PALMER 178.11 111.28 66,83 11/19/2002 81.41 - none 34,1650.1 BATEMAN. NICK 149.99 9836 51.63 10/18/2002 88.75 - none 34.0350.3 BATES. KEVIN & LILA 157.27 105.12 52.15 11/05/2002 68.66. 42.3068.1 BAUOER,KEN 63.23 5089 12.34 12/01/2002 50,00 - none 2.2470.1 BAUGES. EDWARD L 82.93 82.02 .91 12/06/2002 48.00 - none 50.1022.1 BEACH. ARTHUR 21906 141.02 78.04 10/1012002 159.77 - none 13.8860.1 BEACHWOOD BUILDERS 120.80 91.34 28.75 ,71 10/22/2002 16.64 - 13.8920.1 BEACHWOOD BUILDERS 51.70 34.94 16.76 09/17/2002 22.45 ' ... in Msg column indicates no Nolice IS to be sent ( CITY OF MERIDIAN Del inq uent Account List- council Page; 2 Standard Payment Customers Dee 17, 2002 10:07am Current PeriOd: 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 13.8976,1 BEACHWOOD BUILDERS 170.64 117.58 17.47 17,35 18.24 06/12/2002 20.00 - 31 .3042,1 BEAN. ALAN & JENNY 160.13 99.02 61.11 11/18/2002 80.59 - none 373628.2 BEAR CREEK LLC 41.48 21.23 20.25 12/09/2002 21.11 - 35.0283.3 BEARD, KEVIN & CORRINA 44,14 38.75 5.39 11/18/2002 70.00 - 14.5010.2 BEAUCANNON. JUSTIN 77.23 67.20 10.03 1 2/05/2002 50.00 - 1,0030.1 BEAUDOIN, JOHN R 100.10 64.04 36.06 11/19/2002 35.00 - none 22.1560.1 BEESE, JEFFREY 132.88 89.54 43.34 11/18/2002 50.00. none 32.1076.2 BEESON. LORRAINE 129.15 55.70 73.45 10/23/2002 125.86. 33.1828.1 BELL. RONALD & JULIE 144.29 93.14 51.15 11/18/2002 55,93 - none 74,3172.2 BENDER. ERIC& TREASA 124.92 63.93 60.99 10/16/2002 72.60 - 13.8568.2 BENITEZ. RICHAROO & TERRY 115.43 87.80 2763 11/22/2002 60.00 - 2.5340,1 BERRYMAN, ROBERT 132,86 127.96 4.90 12/16/2002 84.17 - none 21,0130.1 BESKER, GLORIA 166.07 108,56 59.51 11116/2002 59.36 - none 14.3004.2 BEWLEY, SANDRA & DAVID 134.07 88.78 4529 1111912002 49.06 - 74.3296.1 BIENAPFL, ROB & CARMEN 85.02 43.49 41.53 10/3012002 85.70 . none 50.3714.2 BINGHAM, DUNCAN & PAULINE 146.38 69.61 58.77 11119/2002 60,00 - 33.2530,1 BIRD, BRETT 140.10 95.10 45.00 11115/2002 5.33 - none 20.1494.1 BIRD. RODNEY & MICHELL 166.19 184,08 2,11 10/18/2002 76.32 - none 74.2724.1 BISHOP. CALVIN 103.28 53.79 49.49 11/08/2002 55.00 - none 51.3680.2 BLAKE, DALE 344,64 88.53 95.37 98.92 61.82 09/26/2002 150.00 - 22.1008,1 BLEDSOE, GARNETT 182.61 114.28 66.33 11/12/2002 84.84 - none 2.1580.2 BLESS ENGER, RONNIE & HAZ 100.31 64.04 36.27 1110412002 39.09. 1.2780.1 BLEVINS. LAURIE 119.33 68.50 50.83 10/17/2002 121.94. none 22.2148.4 BLOCK, ANTHONY & TANYA 121.71 84.78 36,93 4,1150.2 BODILY, DANIEL 105.95 70.96 34.99 11/1 6/2002 36,80 - 50.1726,2 BOESIGER, MAX 144.62 72.81 71.81 11/20/2002 80.55 - 74.2462.1 BOGDANSKI, DONALD 54.09 42,51 11.58 12/01/2002 30.00. none 51.3020.1 BOISE BASIN ELECTRIC 102.66 51.41 51.25 11/15/2002 47.46. none 51.3019.1 BOISE BASIN ELECTRIC 39.30 3.48 35.82 11/15/2002 39.74 - none 310512,1 BOKMAN, HELEN 153.66 106.54 47.12 11/19/2002 60.00 - none 15.0071.4 BOLTON, GREG & CINDY 173.87 130.00 43.79 ,08 11/21/2002 100,00- 2.1800.2 BOLTON, TERESA 154.89 90.52 64.37 10/1712002 68.75 - 72.0164.1 BONFRISCO, LOUIE & JENNEL 110.84 48,07 62,77 11/14/2002 108,68 - none 34.1318.2 BOOHER, CRAIG & DANA 173.69 99.84 73.85 11/16/2002 79,61. 15.0528.2 BORGES, FRED & TRACY 108.51 72,92 35.59 10117/2002 73.00 - 33.2722,1 BOUK, DORIAN 81.40 54,72 24,99 1.69 12/01/2002 24.99 - none 51.4310.1 BOWER INVESTMENTS, LLP 98.27 98.27 04/22/2002 60.64. 50.3802.3 BOWMAN, JESSICA 43,01 40.07 2.94 12/11/2002 34.63. 20.1928,1 BOYD. STANTON 135.85 84.36 51.49 11/18/2002 68.00 . none 213068.1 BOYDSTUN, PATRICK & JUDY 111.91 70.74 41.17 10/10/2002 63.59 - none 19.71201 BOYER, SUZANNE & GREG. MA 93.69 62.46 31.23 10/1712002 31.08 - 5,0602.1 BOYLE, JOHN 129.11 83.38 45.73 11/18/2002 60.00 - none 14.5032,2 BOYLL. DONALD 184.63 67.80 73.79 42.69 ,35 10/1712002 45,00 - 74.3796.1 BRADLEY. CHRISTOPHER 86.34 43.49 42.85 11/13/2002 43,00 - none 5.0214.1 BRADY, ROGER 215.95 136,02 79.93 10/3112002 118,00 . none 50312.1 BRASFIELD. WILLIAM B 140.79 91,06 49.37 .36 11/14/2002 67.48. none 340420.1 BRENEMAN. JEFFERY 113.71 72.54 41.17 10/22/2002 111.50 - none 16.3306.2 BREWER. CHRIS & ELIZABETH 111.38 60.37 51.01 11/14/2002 50.86 - 108001 BREWER, SID & SHELLY 90.16 70.74 1942 10/17/2002 120.00 - none 22.2282.2 BRICE. DAVID 86.17 58.70 27.47 10/22/2002 60.52 - 191590.1 BRIGHTON HOMES LLC 56.05 34.94 17.47 3.64 11/18/2002 17.47. 2,1320.2 BRINEGAR. E,E. 114,13 69.82 44.31 11/22/2002 38.77 - 2.3712.2 BRINEGAR. E.E. 126.55 84.04 42.51 10/18/2002 45.30 - 21.2564.4 BRINEGAR. KATHLEEN 48.84 30.48 18.36 11/1912002 16.00. 34.0512.1 BRITTON. BOB 146.36 79.62 3137 35.17 08/28/2002 54.77 - none .., in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account List- council Page; 3 Standard Payment Customers Dec 17. 2002 10:07am Current Period; 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pml Cust No Name Balance Non-Delinq 10/3112002 09/3012002 08131/2002 Date Amount Msg 1.0370,1 BROADWAY MANOR 265,90 174.98 90.92 10/21/2002 101,38 - none 1,0360.1 BROADWAY MANOR 275.38 181.68 93.70 10/21/2002 106.12 - none 1.0390.1 BROADWAY MANOR 248.82 164.30 84.52 10/21/2002 9591 - none 1.0400.1 BROADWAY MANOR 271.70 179.50 92.20 10/21/2002 101.63 - none 1.0410.1 BROADWAY MANOR 228.86 146.80 82.06 1012112002 76.79 . none 19,0308.1 BROCKMAN CONSTRUCTION 45.66 38,70 3A8 3.48 19.4456.2 BROOKS FULLER HOMES 282.94 124.25 158.69 33.3762 1 BROWN. DOMONIC 119.27 78.26 41.01 10/24/2002 39.91 - none 74.3264.1 BROWN, MICHAEL & LISA 86.98 45.45 41,53 10/16/2002 43.34 . none 50.0544.2 BROWN, TIM & LISA 88.76 48.57 40.19 11/07/2002 40,07. 33.37461 BRUCE, DARIN & MARTINA 184.01 122.40 61.61 11/18/2002 63.45 - none 32.4944.2 BRUEGGEMANN, DALE & JANI 91.33 54.40 36.93 64.0048.2 BRUSSE. N CHAD 49.00 24.99 24.01 10/17/2002 48.76 - 31.3306.1 BRYANT, JAMIE 126.95 76.30 50.65 11/18/2002 90.71 . none 42.2398.2 BRYANT. JOHN 69,22 26.55 42.67 1012112002 65.21. 32.4832.1 BULKLEY, JEFF & DEANNA 131.77 68,94 36.27 26.56 1111312002 56.27 - 331852.1 BUNDY, DOYLE 107.58 87,58 20.00 12/1312002 53.59 - none 14.3556.2 BURCHFIELD ENT 112.25 73.36 38,89 10130/2002 36.81 - 19.6498.5 BURCHFIELD, DARRELL 144.37 96.30 48,07 10/22/2002 46.94. 50.4226.2 BURCHTORT. JOHN & KAREN 59.88 32.23 27.65 11/08/2002 27,77 . 19.6510.2 BURKETT, MARK 182.41 130.06 51.83 .52 11/20/2002 6000. 69.0182.1 BURNS, DONALD 111.48 38.45 66.49 6.54 10/23/2002 100.00 . none 74.3668,2 BURRIS. STANTON & JANICE 76.52 38.75 37.77 11/20/2002 3220 - 42.2460.1 BURTON, JACK 168.70 88.05 80.65 11/20/2002 71.11 - none 34.1528.1 BURTON,RYAN 119.18 78.26 40.92 11/19/2002 4000 . none 21.0472 1 BUTTERFIELD. BRIAN 132,27 90.74 41.53 11/18/2002 4432 . none 22.0804.2 BUTTERFIELD, CHARLES 137.41 82.46 54.95 1013012002 79.27 - 340696.1 BUTTRAM. DEANNA 159,79 107,52 52.27 1010912002 179.58. none 88.0016.1 C & A PAVING 83,61 83.61 1013112002 34.15 - 69 0878 1 CALPIN, JOHN A 539.94 317.43 222.51 12/1112002 140.00 - none 21.1116.2 CAMPBELL, CHRISTOPHER 160.58 99.22 61,36 10118/2002 11000 - 1.1370.2 CAMPBELL, ROBERT & JENNIF 7706 69.60 7.46 1110512002 80.00 - 21.2664.1 CAMPBELL, ROLLAND 120.45 71.94 48.51 11119/2002 10000. none 14.4488.2 CAPITAL CITY MANEGEMNT 28.29 28.29 11/13/2002 144.19. 52.12121 CAPITOL EDUCATORS FEDER 243.16 108.83 52.11 74.67 7,55 19.6606.1 CARLEY. JASON 113.4 7 73.74 39.73 10/14/2002 38.60 - none 2.4590.1 CARNAHAN. JOHN 108.81 73,52 35,29 10/17/2002 80 14 - none 34.1808.2 CARPENTER. DOUGLAS 140.93 90.74 50.19 11/19/2002 61.80 - 65.0688.1 CARPENTER, GAIL 366.95 130.95 236.00 11/07/2002 93.22 - none 21.0030.1 CARRANZA, TIM 167.43 107.58 59.85 11/14/2002 60.00 - none 22,0194.2 CARRELL. WILLIAM & MARl 146.63 106.76 39.87 22.1160.3 CARSON. JEFFERY & PAMELA 175.49 116.02 59.47 11/18/2002 79.93 - 88.00151 CASCADE PIPELINE 106.82 102.90 3.92 11/21/2002 295 33 - 21.2834.1 CASE. CYRUS 93.43 72.76 20.67 11118/2002 5000 . none 5021081 CASELLA. GARY 67,52 36.97 30.55 11119/2002 32.39 . none 30850,2 CAST, PETER & VERIONICA 118,85 68,18 50.67 11115/2002 45.62. 34.2876 1 CATLETT. SCOTT 80.77 74,50 6.27 11119/2002 30 00 - none 36.1000 1 CAVEN. MIKE 55.26 27,63 27,63 1013112002 24.05 - 513280.2 CENTERS, JAKE 110.67 36,93 36.93 36.81 1 19701 CHANDLER. CURTIS E 348.26 210.28 137.98 11113/2002 14942. none 119601 CHANDLER. CURTIS E 278,32 178.24 100,08 11/13/2002 111.84 - none 21.1402.2 CHAPMAN, JAMES 183.43 104.74 78.69 10/23/2002 93.22. 42.2582.1 CHAPMAN. LORRI 121.52 60,05 61.47 11/18/2002 96.56 . none 42.1915.1 CHATEAU MEADOWS HOMEO 48.66 10.88 37.78 10/28/2002 4758 - none 2.4700.2 CHENEY. STEVEN 122.21 79.24 42.97 11/12/2002 5951, ,.. in Msg column indicates no Notice is 10 be Sel1l CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Dec 17. 2002 1O:08am Current Period: 12/3012002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non,Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 33.0156.1 CHERRY PLAZA ASSOCIATES 178.89 119.26 59.63 10/22/2002 85.95 - none 33.01321 CHERRY PLAZA ASSOCIATES 67.77 30.14 37.63 10/22/2002 30.11 - none 33.0166.1 CHERRY PLAZA ASSOCIATES 139.21 112.86 26.35 10/22/2002 1883 - none 33.0103.1 CHERRY PLAZA ASSOCIATES 92.76 3048 62,28 10/22/2002 196.54 - 3301121 CHERRY PLAZA ASSOCIATES 998.57 675.74 322.83 10122/2002 360.43 " none 330120.1 CHERRY PLAZA ASSOCIATES 142.97 124.14 18.83 10122/2002 67.71 . none 74.2752.3 CHILDRESS, JACK 98.42 45.29 53.13 1111912002 63.20. 32.12781 CHURCH. LARRY 86.21 57.50 30.71 11115/2002 42.35 - none 40,0094.1 CLARK. RICKY 93.02 52.17 40.85 10/22/2002 11342 - none 5.0344.1 CLIFF, DWIGHT 8851 77.82 10,69 1 2/09/2002 55.00 - none 21.1766.1 COFFMAN, RICK K. 141.99 89.54 5245 11/18/2002 63,11 - none 33.3752.2 COLBERT. NATHAN 117. 97 78.10 39.87 10/17/2002 48.57 - 50.1301.2 COLE COMMUNITY CHRUCH 54.44 28.96 25.48 10/17/2002 25.48 - 74.3360.1 COLE. DEBRA 45.58 35.97 9.61 11/1912002 29.13. none 510874.1 COLE, ORVILLE 92.37 51.75 40.62 11/1812002 45.00 - none 50.4478.1 COLEMAN, MICHAEL R. 50.84 25.85 24.99 10/16/2002 32,39 - none 3L0796.2 COLLINS, LINDA 12801 12710 .91 11/25/2002 75.00 - 2.1650.1 COLLINS, TERRY 132.79 55.68 37,65 39.46 10/21/2002 42.00 - none 74.0424.2 COMPTON, CRAIG 85.62 44.77 40.85 11/19/2002 51,51 - 21.2972.2 COOK, CLIFFORD & JACQUELI 165.11 104.14 60.97 10/17/2002 8042- 5.05181 COOK, ROBERT 15799 92.64 65.35 11/18/2002 87.77 . none 25.1006.1 COREY BARTON HOMES 38.42 34,94 3.48 10/1712002 4.46- 25.1068,1 COREY BARTON HOMES 67.45 49,98 1747 10/1712002 7.24, 25.1082.1 COREY BARTON HOMES 261.31 257.83 3.48 25.1106.1 COREY BARTON HOMES 52.41 34.94 17.47 10/17/2002 3.48. 4.1746.1 COSGROVE, AMY 188.71 11550 73.21 11/20/2002 84.82 - none 31.3420 1 COUCH. JULIA 103.77 69,76 34.01 11119/2002 38.11 - none 350182.2 COVINO. MELODY 115.56 63.45 52.11 10/18/2002 11.19 - 2.2460.1 COX. USA L 98.51 66.00 32.51 11/18/2002 3631 - none 42.2358.1 CRANDALL, LARRY 93.72 45.17 48.55 11/15/2002 59.18 - none 5.0662,2 CRANE. JACK 17953 78.64 54.11 46.78 11/04/2002 40.00 - 51.0262,1 CRAWFORD. CLIFFORD 4594 25.69 20,25 10108/2002 2111 - none 31.0808 1 CREEK. MARSHA 184.67 111,94 72.73 11/19/2002 132.39 . none 6.1916,1 CREEKSIDE INC 93.78 9030 3.48 10/2112002 3.48 - 50.3928.1 CROASDALE, OENA 43.13 43.01 .12 10/31/2002 55.30 - none 19.7130.3 CRONER, PATSY 155.59 67.64 3791 50,04 11/15/2002 60.00 - 42.4070.1 CROSS. ARBY 7836 43.37 34.99 11/19/2002 34.84 - none 69.01001 CROSSMAN. DEBBIE & WARRE 98.10 49.05 49.05 11/19/2002 49.88 - none 46.0282.2 CROW, STEVEN 82.24 43.35 38.89 10/07/2002 76.56 - 31.3336.1 CRYER, JUDITH 87,87 53.08 34.79 10/22/2002 154.60 - none 21.1918.1 CULVER. JAMES 148,09 80.28 67.81 11/18/2002 50.00 - none 69.0714.1 CULVER,MARY 110.91 57.85 53.06 11/18/2002 75.00 - none 42.2024.1 CUNNINGHAM. AIMEE 106.46 50.07 56.39 10130/2002 76.82 . none 74.2692.2 CUSHMAN, KELLY 119.02 5755 61.47 11/18/2002 8484 - 50.3734 1 CZARNECKI. CHERYL 157.33 94.09 63.24 11/20/2002 100.00 - none 42.0434 1 DAHLGREN, SHIRLEY 61.96 33.21 28.75 10122/2002 55.30 - none 14.3634 2 DANIELS, RICHARD & JOANNE 145.67 96.46 49.21 12/01/2002 51.02. 2.4330.1 OANNENHAUER.CHARLES 100.13 72.70 27.43 1 % 1 12002 110.07 -none 5045743 DAROSA. JOE 88.90 3795 3545 1550 10/21/2002 5712. 13910.1 DAVCO SERVICES INC 478.19 467 56 10.63 11/2612002 246.94 ' none 22.14201 DAVENPORT. DUANE 115.27 77.50 37.77 11/18/2002 54.28 ' none 2.09082 DAVIS, MARGARET 125.81 81.04 44.77 10123/2002 30.00. 34.0764.1 DAYLEY, CRAIG & MARJORIE 12795 83.98 43,97 12/01/2002 40.00 - none 14.4324,1 DBD INC. 56.99 53.51 3.48 20904.1 DECHAMBEAU. JOHN 61.36 61.26 .10 11/19/2002 76 66 - none .., In Msg column Indicates no Nolice IS 10 be sent CITY OF MERIDIAN Delinq uent Account List- cou ncil Page' 5 Standard Payment Customers Dee 17, 2002 1 0:08am Current PeriOd: 1 2/3012002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 10131/2002 09/3012002 08131/2002 Date Amount Msg 21.3070.1 DECK, KIMBERLY 148,53 100.00 48,53 10115/2002 148.73 - none 65.0648.2 DECKER, STANLEY 94,18 49.05 45,13 10118/2002 95.84 - 72.0132.1 DEL BRADLEY STINE 77.50 38.75 38.75 11119/2002 46.44 - none 32.0800.2 DELANEY, RITA 185.12 124.52 60.60 11/1812002 131.00 - 34.0444.5 DELVECCHIO. LISA 145.41 79.08 66.33 11/18/2002 69.15 - 1.0930.2 DENNEN, JEVON & HEATHER 251.57 109.08 142.49 12102/2002 70.00- 74.0080.1 DIAMOND, KIMBERLY 112.10 56,05 56.05 1012112002 124.05 - none 3.0730,1 DOBARAN, JOHN & ARVELLA 111.21 74.14 37.07 1111912002 40.83 - none 3.0720.1 DOBARAN, JOHN & ARVELLA 448.59 324.68 123.91 11118/2002 4 L31 - none 34.1690.1 DOCKWEILER, THOMAS & TER 156.06 95.58 60.48 11119/2002 75.00 - none 50.0140.1 DODGE, JAMES & JOAN 146.99 73.09 70.59 3,31 1 1/2012002 110.00 - none 21.0144.1 DOMKA, DEBBIE 77.39 61.48 15.91 1 1/1912002 50,00 - none 21.1062.4 DONALDSON, DONNA 198,69 132.36 66.33 10121/2002 68,17 - 33.2612.6 DONALDSON, NEAL 113.23 76.30 36.93 3.0830.1 DONLON. KATHRYN 74.87 74.72 .15 11119/2002 38.60 - none 74.1062.1 DOTY, PAULINE & RON 71.14 36.83 34.31 11/18/2002 30.00 - none 31.0828.3 DOWNIE, JASON D 143,03 111.04 31,99 11/20/2002 60.00. 42.2272. 2 DRANSFIELD, ROBERT 87.78 47.59 40.19 11/18/2002 51.83 - 19.0358.4 DREHER, GREG & KRISTA 74.05 73.90 .15 12/0212002 35.82 - 4.2282.1 DRURY, PATRICK 151.71 89,76 61.95 11/20/2002 118.26 - none 51.0698.3 DUEROCK. WALTER 88.21 48.25 39.96 11/18/2002 42.00- 31.0834.1 DUMONT JR, TED 262.51 146.80 115.71 11/18/2002 113.86 - none 2.5010.1 EARLEY, GEORGE 90.17 57.50 32.67 11/18/2002 31.57 - none 42.2598.2 EASTBURN,GARY 122.82 67.07 55.75 11/20/2002 74.22- 50.4602.3 EBORN, RtCHARD 71.77 60.01 11.76 48.1858.2 ECONO LUBE N' TUNE INC #30 165.22 83.45 81.77 11/1812002 88.64 - 35.3030.1 EDENBROOK INC 14.48 11.00 3.48 74.3678.2 EDWARDS. DEARL W 127.76 92.77 34.99 11/18/2002 34,84, 31.3034.1 EDWARDS, MARILYN 74.97 49.00 25.97 11/21/2002 20.49 - none 2.2734.1 EDWARDS, MICHAEL A 155.53 91.98 63.55 10/22/2002 71.27 - none 19.4428.2 EDWARDS, WESCOTT 194.06 133.72 60.34 11/1512002 60.49 - 72.0101.1 ELK RUN HOMEOWNERS ASS 164.38 5.44 58.96 99,98 11/22/2002 200.00 - none 13.89061 ELLIOTT CONSTRUCTION 43.13 38.70 4.43 07122/2002 40.00 - 19.02181 ELLIOTT CONSTRUCTION 57.22 53.74 3.48 10/24/2002 3.48- 31.3062.3 EMERSON,DON 91.11 68.78 22.33 11/18/2002 70,00. 21.1896.5 EMMEN,DUSTIN & KATHY 158.25 97.44 60.81 10/09/2002 158.89 - 50 1242.3 ERHART, MILT 93.02 53.67 39.35 11/22/2002 30.00 - 46.0230.1 ERICKSON, RICK 42.44 32.55 9.89 06125/2002 160,00 - none 32.1152.2 ESPINOLA. MIGUEL & MARGAR 97.95 78.26 19.69 12/03/2002 42.00 - 50.1354.4 ESTATE OF BESSIE MATCHAM 135.82 8759 48.23 11120/2002 49.20 - 50.3822.1 EVANS,M.SHAE 88.44 47.43 41.01 10116/2002 39.91 - none 32.1560.2 EVERIST, JAMES 63.97 61.26 2.71 11/21/2002 40.00 - 42.4050.1 EVERMAN, BRYAN 111.00 61.65 49.35 11/04/2002 52.17 - none 74.3614.1 FACKRELL, THOMAS 38,13 37.93 .20 11/15/2002 75.51 - none 21.1172.4 FALK, RICHARD 211.13 146,92 64.21 11/18/2002 200.00 - 1 .3660,1 FARRAND, SHELLlE 184,25 105.72 78.53 11/18/2002 41.72 - none 14.3544.2 FARRIS, JAMES 139,95 92.70 47.25 11/04/2002 46.12. 34.1806.1 FAULKNER, FREDA 159.07 108 26 50,81 11/20/2002 53.90 - none 2217682 FIELDS, SHARON HOPE 80.70 80.50 20 1 2/03/2002 44.63. 460212.1 FINLAYSON. CRAIG 75.84 52.69 23.15 11/19/2002 20.00 - none 212690.2 FINN, STEPHANIE 142.79 79.40 63.39 42.0466.2 FISCHER, DAV!D 215.25 52.69 43.33 71.60 47.63 12/1 1/2002 45.29. 43.0090.1 FISHER CUSTOM HOMES 10.44 696 3.48 2.0740.1 FISK. PATRICK 233.18 139.24 9394 11/22/2002 120.00 - none 16,36402 F!TZEN, LARAE & LINDA 137.18 63.4 7 73.71 12/0412002 54.80 - ... In Msg column indicates no Notice IS to be senl CITY OF MERIDIAN Delinquent Accou nt List- council Page: 6 Standard Payment Customers Dee 17. 2002 1 0:08a m Current Period: 12130/2002 No Delinquent Minimum AmounlDelinquent Balance Last Pml Last Pmt Cusl No Name Balance Non-Delinq 10131/2002 09/30/2002 08/3112002 Date Amount Msg 72.0274.1 FITZGERALD, JUANITA 126.74 4837 78,37 10123/2002 11610 - none 5.0800.1 FITZSIMMONS. TOM 139.03 85.12 53,91 11118/2002 81.23. none 14.3516.2 FLORES. DAVID 149.67 108.82 40,85 22.2498.2 FORBES. LONNIE & BRANDI 119.27 77.28 41.99 10109/2002 42.85. 69.0738.1 FORGY, MICHAEL 132.88 57.55 69.31 6,02 10128/2002 100,00 - none 52.0150.1 FORS. GARY 30.85 29.45 1.40 12/01/2002 30,00. none 34.0552.1 FOSTER. BRADLEY D. 147.71 87.74 59.97 11/19/2002 86,31 . none 15.0010.2 FOWLER, ROBERT & KERRI 152.87 104.80 48.07 11/19/2002 49.88 - 31.3434.1 FRANK. GARY 80.97 75.32 5.65 12/16/2002 45.00 . none 65.0790.1 FRANK. JERRY 226.50 43.67 46.61 99.53 36.69 10/23/2002 185.00. 4.1756.1 FRASER. HAROLD 112.79 88.92 23.87 11/19/2002 50,00 . none 332410 1 FREEMAN, JOHNNA 84.22 57.50 26.72 10/10/2002 60.00 - none 51.3078.3 FREEMAN. NICOLE 70.70 38.56 32.14 11/18/2002 31.04 " 2.4930.4 FREEMAN, SARAH 130.19 75.96 54.23 11/22/2002 61.95- 50.3754.1 FRENCH. LAWRENCE 169.68 82.17 87.51 11/20/2002 60.00 - none 74.0340.3 FRIERE. GARY 95.54 48.69 46.85 1 0111/2002 197.10. 50.1232.2 FRONCONE. JOSHUA 57.01 48.25 8.76 11/15/2002 40.85. 33.4258.1 FROSTROM, STEVE & TERRI 138.89 91.34 47.55 11/18/2002 45.54 - none 4.1454.1 FUENTES, CHRYSTLE 163.57 83.22 80.35 11/19/2002 63.92. none 32.1542.1 FUHRMAN, JOSHUA 99.33 64.04 35.29 11/1812002 36.15" none 19.0232.3 GABBY. CHARLES & CHRISTIN 97.72 94.72 3.00 11/19/2002 44.77 - 69.11321 GABIOLA, ALBERT 86.32 37.77 48.55 10/17/2002 38.60 - none 10.1006.1 GALLARY HOMES 173.05 150.46 22.59 10/21/2002 7.55. 20.0204.2 GALLEGOS, ANTHONY 144.45 94.12 50.33 11/15/2002 53.15 - 33.7602 1 GALLION, RICHARD 112.27 79.18 33.09 10/15/2002 50.00. none 22.2608.2 GALLOWAY. JERMAINE & KRIS 88.87 76.52 12.35 12/01/2002 30.00 - 50.4518.5 GAMBLIN. MIKE 86.16 45.31 40.85 11/15/2002 45.63. 69.0234.1 GAMBOA. PAUL 135.00 67.01 67.99 10/18/2002 69.83 . none 2.5950.3 GARDINER, DAVID 195.13 121.34 73.79 11/20/2002 57.39 - 21.3048.2 GARLICK. LEWIS 258.50 157.60 100.90 12/09/2002 135.00 - 33.2302.1 GARRARD. DALE 130.31 96.00 34.31 11/20/2002 37.13 - none 21.0234.3 GARRETT, DAMON 229.56 155.70 73.86 10/2812002 100.00. 20.1726.1 GARRIGUS. SCOTT 172.00 156.46 15.54 12/13/2002 200.00. none 46.0188.2 GATES. JOHN 81.96 44.19 37.77 11118/2002 35.24 - 2.0950.1 GAYTHIWAITE. RITCHIE & SUS 140.19 83.82 56.37 11/18/2002 70.95 - none 31.3258.1 GEORGE. ROBERT 79.20 79.08 .12 11/1412002 42.69. none 31.3534.1 GERHIG. CHARLES & PATTI 79.93 74.34 5.59 12102/2002 40.00. none 22.1596.3 GIAUQUE. PAUL 130.31 84.04 46.27 11/18/2002 51.02 " 6.9852.1 GIEBEL, NICHOLE & JEFFERY 98.98 45.18 18.83 26.35 8.62 08/27/2002 16.88 - 46.0576.1 GILLENWATER. RICHARD 50.27 50.21 .06 11/1912002 44.71 - none 42.1240.1 GILLETT, JOSHUA 91.44 50.89 40.55 10109/2002 42.36 . none 2.2578.2 GINGRICK. KENT 143.05 87.96 55.09 11/22/2002 73.56 " 33.2388.1 GLUCH. SCOTT 82.49 53.74 28.75 11/19/2002 56.28 - none 21170.3 GODBY, ORVILLE & PHOEBE 183.03 111.50 71.53 11/19/2002 80.00 - 22.1520.1 GOLD, JOHN 108.19 105.88 2.31 12116/2002 40.00 - none 197128.4 GORDON. WILLIAM & SHERRIE 232.74 54.40 36.93 66.81 74.60 10.1028.1 GO CONSTRUCTION 41.90 34.94 3.48 3.48 10.1100.1 GO CONSTRUCTION 24.43 20,95 3.48 10/1012002 20.00 - 34.14442 GRATTON, THOMAS 14427 89.70 54.57 10118/2002 67.19. 34 3206 1 GRAYSON, DIANA 52.41 34.94 17.47 11/22/2002 17.35 - none 1910861 GREMLlNG, PHILIP 15107 101.04 50.03 11/1512002 52.82 - none 51.0978.5 GRIEVE. JAMES 47.00 27.20 19,80 10/0312002 88.60 - 2.2110.3 GRIFFETH, JEFF 96.27 96.24 .03 11/1512002 23.82 - 31.0158.1 GRIFFIN, RICHARD & GAIL 10364 86.60 17.04 11/1512002 40,00 . none 30108.1 GRIFFITH. LARRY 104.55 69.10 35.45 10/2112002 3435 - none ... in Msg column indicates no No\lce is to be senl CITY OF MERIDIAN Oelinquenl Account List- council Page: 7 Standard Payment Customers Dee 17, 2002: 10'08am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquenl Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002: 08/31/2002 Date Amount Msg 74.3176.3 GROSSL. EDNA 87.64 44.31 43.33 11/18/2002 77.06 - 21.0462.3 GUNNARSON, HOWARD & RUT 186.05 102:.76 83.27 11/20/2002: 57.07 - 72.01662 HAISLIP. SUZY 65.46 6489 .57 12/03/2002 80.00 - 20.1478.2 HAKE, KAREN 118.87 79.30 39,57 10/07/2002 83.74 - 74.2:582:.1 HALE. RICK 164.54 12:0.2:3 44,31 11/19/2002 55.92 - none 4.1594,1 HALL, BRIAN 126.48 80.38 46,10 11/19/2002 75.00 - none 34.1820,2 HALL. DUSTIN 216.24 140.86 75.38 11/19/2002 50.00 - 15.0029.2 HALL. JOHN & CAROLYN 139.73 83.22 38.75 17.76 10/22/2002 50,00 - 22.0924.1 HALL. KEVIN 102.46 12.30 90.16 06/24/2002 62,36 - none 33.2336.1 HAMIL TON, TRACEY 296.18 143.98 74.69 77.51 10/17/2002 71.63 - none 46.0434.1 HAMMONS, KEVIN 77.00 41.71 35.29 11/07/2002 37.13 - none 4,1320.4 HANCE. JOHN & SARA 112.41 69.60 42.81 11/14/2002 56.31 - 64,0020.1 HANSEN HOMES 103.52 3125 66.27 1 0/23/2002 79.16 - 33.4274.1 HANSEN. ERIK 150,11 103.60 46.51 11/15/2002 80.00 - none 31,0148.2 HANSON. CAREN F. 110,61 72.54 38.07 11/18/2002 39.91 - 22.1478.1 HANSON. JAMES 176.07 108.56 67.51 10/29/2:002 72.26 . none 2.0906.1 HARMON. ROBERT K. & R HAL 108.81 72.54 36.27 11/05/2002 2:6.45 . none 74,3828.1 HARRIS, FLETCHER & KERRIE 146.00 43.47 50.85 51.68 09/17/2002 53.64 - none 31,3036.1 HASSIS. PAM 124.59 79.30 45.29 10/21/2002 104.00 - none 34,32:34.2 HATCH, GARY 128.54 65.02 34.47 29.05 11/20/2002 20.00 - 22.1202.6 HATFIELD. TED 101.61 87.58 14.03 50.2372.5 HAYCOCK, VANESSA 79.94 44.65 35.29 10109/2002 37.13 - 69.0694.2 HEATON. CHAD & HEATHER 129.50 65.73 63.77 10/21/2002 64.43 - 50.0550.2 HEDGER, LESLIE 32,39 31.41 .98 12/02/2:002 27.93 - 34.1702.1 HEDRICK. WENDY 2:38 77 2:07.72 31.05 10/31/2002 160.00 . none 22,0910.3 HENDERSON. SEAN 368.07 116.50 73,19 176.95 1.43 12/10/2002 150.00- 22.2526.2 HERBERT. WILLIAM III 137 83 92.54 45,29 14.3470.1 HERNANDEZ, DAVID & JUlIEA 137.01 89.76 47,25 10/08/2002 46.12 - 34.1040.1 HERR. ROBERT 131.16 117.32 13,84 10/2:2/2002 90.07 - none 32.0458.2 HERRELL. JACQUELINE 200,57 128.9B 71.59 10/25/2002 80.26. 1.3260.1 HERSEY, RICHARD 297.02 193.38 103.64 11/18/2002 102.66 - none 1.3300.1 HERSEY. RICHARD 501.56 296.40 205,16 11/18/2002 287.11 - none 22.1522.1 HESS. JACK 61.61 57.34 4,27 12/16/2002 40.00 - none 3.0036.2 HESTER. CHRISTINE 68.21 68.18 .03 12/16/2002 38.91 - 3.0094.2 HESTER. CHRISTINE A 101.25 97.12 4,13 12/16/2:002 51.09 - 74.0384.2: HESTER, LLOYD & SHERRY 163.55 72.49 45.43 45.63 09/16/2002: 203,00 - 31.3454.2 HICKMAN, JOHN 199.77 116.76 82.45 ,56 11/20/2002 55.00 - 21.1406.1 HIGH DESERT CONSTRUCTIO 28.19 24.71 3.48 34.1640.3 HIGHBARGER. MICHAEL & lIN 176.23 91.72 84.51 11/15/2002 65.00 - 34.1892.1 HILLIARD. LANCE 105.90 67.80 38.10 11/1 5/2002 50.00 - none 4.2066.2 HOFFMAN. DELORES & WILlIA 170.33 99.56 70.77 11/18/2002 126,10 - 4.1792.2 HOHENSHEL T, JOAN 183.75 12490 56.65 11/19/2002 73.12 - 5.0722.1 HOLLEY, DAVID 186.69 98.20 86.49 11/20/2002 103.07 - none 32.1456.1 HOLLINGSHEAD. BRETT 125.32 79.08 46.2:4 11/18/2002 52.00 - none 74.1014.3 HOLLOWAY. JERALD K 48.75 33.49 15.26 11104/2002 50,00 - 22:.2:366.1 HOME BUILDERS 110.06 34.94 75.12 10/2:8/2002 28,07 - 52:.0414.1 HOME DEPOT #1804 1.879,85 1,841 ,43 38.42 11/19/2002 1,901,84 - none 51.4250.1 HOME PRO PLUMBING 344.57 344.57 02/27/2002 216,38 - none 74.1190.1 HOPE ARMS APARTMENTS 160.90 76,53 84.37 10/29/2002 181.39 - none 31.3458.1 HOPKINS, DARRYL 199.37 15950 39.87 11/18/2002 45.00 - none 74,3966.1 HOSAC. JAMES 118.62 75.29 43.33 11/20/2002 48,08 - none 2.3000.1 HOUSTON. TONY & THERESA 81.17 77.28 3.89 11/18/2002 90,00 - none 33.4350.2 HOWARD, CHARLES & LACEY 119.92 89.54 30,36 12/11/2002 45,75 - 69.1276.2 HOWARD. DONALD & CAROL Y 4281 4085 1.96 20.0454.1 HOWELL, DONALD 113.40 7358 3982 11/15/2002 50.00 - ... in Msg column mdicales no Notice is 10 be sen I CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Dec 17,2002 10:09am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquenl Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 1.0470.4 HOWELL, GAYLEEN 101.98 65.26 36,72 10/22/2002 38"56 - 2L1144.2 HOWELL, MINDY 179.65 112.80 66.85 11/18/2002 33,34 - 34"0388.1 HOWORTH, CHARLES & GAIL 142.31 86.76 55.55 11/14/2002 76.01 - none 19.6554.2 HSU, TOMAS & GUADALUPE 121.07 81.04 40.03 10/21/2002 40.89 - 74.3698.2 HUDIGOLD ENFEA THER REAL T 41.15 13.50 23.89 3.76 09/16/2002 45.00 - 3,0874.1 HUDIGOLDENFEATHER REAlT 152.91 3.48 149.43 04/10/2002 32.4 7 - none 65.3136.2 HUD/GOLDENFEATHER REAL T 160.67 66,93 36.93 36.81 20.00 09/25/2002 260.47 - 65.0708.1 HUDDLESTON, CODY 100.38 52.15 48.23 10/31/2002 6082 - none 42.2028.3 HUFFMAN, MICHAEL & MARSH 110.66 59.03 51.63 11/20/2002 95.23. 34.2782.1 HULSE. TIM 135.13 87.58 47.55 10/23/2002 49.39 - none 74.3436.2 HUMPHREYS, JASON & CHRIS 106.63 52.95 52.95 .73 11/18/2002 57.00 - 51.0714.2 HUMPHREYS, JOHN 93.54 52.17 41"37 11/18/2002 45.00 - 69.1266.2 HUNT. CARL 169.37 76.19 93.18 09/25/2002 107.07 - 31.3402.1 HUNT, HEATH 107.28 72.54 34,74 11119/2002 50.00 - none 34.1786.1 HUNTER. JASON & TRACY 152.77 94.44 58.33 10/25/2002 75.85 - none 15.0048.3 HUNTER. PAUL 132.64 88.40 44.24 11/18/2002 58,00. 20.2054.1 HUTH, FREDRICK C 139.83 12898 10.85 11/1212002 10000 - none 49.1148" 1 IDAHO HEATING AND AIR 494.44 119.51 220.33 154.60 11/18/2002 375.00 - 49.0932.1 IDAHO PARKS & RECREATION 313.82 100.45 213.37 10/22/2002 325.52 - none 48.2840,1 IDA.TRAN 2,415.33 931.05 1,249.52 234.76 11/1912002 1,051.46 - none 33.2754,1 INGOE, BRADLEY 135.05 88.78 46.27 11/0412002 47.10. none 42.1934.4 JACOBSEN, FRANK 65.76 55.63 10.13 11/18/2002 55.00 - 68.0046,1 JACOBSEN, JASON & LIANNA 77.50 39.73 37.77 11/19/2002 37.62 - none 50.4506.1 JACOBSON, BETTY B. 51.71 28.47 23.24 12106/2002 28.58 - none 51 .3570,3 JAKOVAC, DESIREE 96.22 64.85 31.37 11/22/2002 34.19. 32.0936.1 JARDINE, MICHAEL 242.97 231.36 11.61 11/19/2002 98.28 - none 19.1630.2 JENKINS, LEROY 93.77 61.26 32.51 10/22/2002 75.56 - 6.1262.1 JEREMY JENSEN 114.03 81.14 32.89 10/14/2002 34.85 - 21.2830.1 JESSEE, KEVIN 76.01 73.52 2.49 11/18/2002 40.00 - none 19.0220.3 JEWETT, CARl 208.69 165.88 42.81 11/18/2002 3975. 20.0430.1 JOHN J UNUCK 41.90 34.94 3.48 3.48 50,2224.1 JOHNSON, BRYCE 123.42 68.35 55,07 11/18/2002 87.89 - none 42,2482.1 JOHNSON, BRYON & MARYLEN 78.36 43.37 34"99 10/2112002 119.30 - none 32"0616.2 JOHNSON. CONNIE JO 96.79 72.54 24"25 10/24/2002 60.00 - 34.0390.2 JOHNSON, PETER 185.71 110.52 75,19 10/0212002 177.38. 20" 1554.3 JOHNSTON, JAMES 187.39 180.94 6.45 11/26/2002 247.00 - 74.3694.2 JONES, DELBERT & SYLVIA 72.54 37.25 35.29 11/08/2002 36.15 - 50.2354.1 JONES, LARA 117.07 72.69 44.38 11/2212002 60 00 - none 35,1166.2 JONES, LORETTA 67.64 33.33 34.31 10/18/2002 70,34. 33,3572.1 JOROAN,KATHY 120.30 83.82 36.48 10/23/2002 50.00 - none 68,0258.1 JORDAN. MICHAEL 26.93 26,93 11/1212002 20.00 - none 21.1058.2 JORGENSEN, ROBERT & TERI 152.22 93.52 58.69 .01 10/31/2002 77.16 - 69,2270.3 JOSEPH, ROBERT & GEORGIA 99.34 43.79 55.55 1012212002 7.84 - 42.2034.1 JOYCE, THOMAS 57.07 56.77 .30 11/1812002 49.07 - none 74.1092.1 JOYNER. HENRY & JULIA 48,58 40.75 7.83 09/0412002 120.00 - none 46.0840.4 JUDY, VICTOR 12700 78,77 48.23 11/21/2002 61.80 - 46.0802.4 JUDY, VICTOR 129.87 5367 76.20 11/18/2002 8000 - 32.0522.2 JUHASZ. DON C. 213.85 120.44 93.41 10123/2002 13180. 13.4038.2 JUSTENSEN, LARRY & DANIEL 13220 131.20 1.00 11/20/2002 94.33. 20.1260.2 KAWANO, EDITH 67.73 63.44 4.29 08/26/2002 89.10 - 50.4638.1 KEENE, JAMES 11164 57,07 54.57 11/19/2002 132.17 - none 21.0028.2 KEENEY, DONLAN & ELlSABET 123.16 80.28 42.88 11119/2002 5000, 1.0960.4 KELLEY. LARRY & ALlNE 99.81 63.22 36.59 10/03/2002 84.14 - 33,2356.1 KENNEDY, BRIAN 112.57 7352 39,05 11/19/2002 38.24 - none 22.1356.1 KERBS, MARVIN L 200 67 130.68 69,99 11/18/2002 97.89 - none ... in Msg column Indlcales no Nolice is tD be sent { CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Dec 17,2002 10:09am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 21.27281 KESLING. SCOTT & MONICA 139.45 82.40 57.05 11/15/2002 76.00 - none 42.2530.1 I<ILER, KELLY & TAMMY 127,34 70,31 57,03 11/18/2002 69.00" none 500594.2 KINDALL, ARRON & MISTJE 94.00 52.17 40.85 .98 332704 2 KINDALL, DAVID 65.21 64.04 1.17 12/04/2002 40.00 - 334348 1 KINGSTON. CHARLES 14948 89.70 59.78 11/08/2002 80,00 - none 311270.2 KLINT, CARL 194.31 117.44 69,67 7,20 10/21/2002 200,00 - 21 .0466.2 KORBER, GERALD 161.52 117.04 64.48 11/19/2002 33.00 - 74.3836.1 KORTON, TOM & CATHY 73,30 43.95 29.35 12/03/2002 40.62 - none 34.3228.2 KOWATSCH, JOHN & KRISTI 168.36 98.20 70.16 10/22/2002 193.00 ' 4.2262.1 KREEGAR, KRISTOPHER 93,65 93,18 .47 1 2/16/2002 63.00 - none 2115502 KROMM EN HOEK, PAUL 160.31 86.00 74.31 10/23/2002 94.20 - 32.05122 KRUSE, BRENDA 100.97 60.12 40.85 10/16/2002 47.59 - 20.1362.1 KUEHL HOMES. INC 113.31 76.52 36.79 10/24/2002 38.60. 50.4642.3 KUGEL. LISA 97.48 53.15 44.33 11/25/2002 62.00 - 14.4482.2 LAMARTINA, TONY 56.64 55.54 1.10 11/22/2002 29.45 - 35.0144.3 LAMASTERS, TERRENCE 42,96 3447 849 12/03/2002 5500 - 424056.1 LAMOREAUX, KIM 68.82 39.09 29.73 10/29/2002 16.20 - none 22.1842.2 LANDOW. BRUCE 134.07 88.78 45.29 11/13/2002 46,12 - 417761 LANSING, BUD 306,52 231.17 75.35 11/18/2002 78.14. none 10890 1 LANTZ. STAN 10707 78.10 28.97 11104/2002 110.00 - none 34 07841 LARA, RAFAEL 208.97 115.84 93.13 11/18/2002 109.67 - none 32.1178.3 LARISON. ROBERT 265,10 83.98 113.93 67.19 10/16/2002 77.97 - 50.05202 LAURICELLA. CARL & LAURIE 89.10 48.25 40.85 10/21/2002 41.71. 22.1350. 1 LAW, KIMBERLY 134.47 85,76 46.69 11/18/2002 61.31 - none 68.00305 LEADER ESCROW ACCOMMO 44.77 43.79 .96 46.0816 1 LEATHAM, JARED 102.12 56.91 45.21 11/15/2002 50.00 - none 22.0332.2 LEE, MICHELLE 146.95 96.10 50.65 10/18/2002 115.12 - 19,7424.1 LESLIE CONSTRUCTION 3.49 3.48 ,01 07/19/2002 33.91. 31.33621 LEVITT. MONTE 120.50 96.42 22.06 12/05/2002 50.00 - none 19.4464.1 LITTLE, CRAIG 123.78 80.06 43.72 10/17/2002 40.00 - 32.0642.1 LITTLE. JOHN 6840 60.40 8.00 11/21/2002 41.01 . none 42,2520 1 LOCKYER, MERRIE 92.05 64.13 27.92 12/09/2002 50.00 - none 2.45202 LONG, JODIE 156.76 102.62 54.14 11/18/2002 66.00 - 20.0132.1 LOVELAND, JAMES 235.26 117.06 51.31 66.67 10/23/2002 80.28 - 212636.1 LUCERO. ROBERT & TRACY 158.19 41.01 49.83 67.35 10/15/2002 72.25 - none 2.5510.2 LUNA. JAMES & LORI 201.59 128.40 73.19 10/23/2002 90.56 - 6506981 L YNGAR, JAMES JR. 72.54 37.25 35.29 10/18/2002 71.32 - none 20.1758.1 LYONS. STEPHEN & LINDA 140.07 130.96 9.11 12102/2002 70.00 - none 74.3072.1 LYTLE. CHAD & STACEY 93,52 47.25 46.27 11/14/2002 46.12 - none 69.1060.1 MACCOY, MALCOLM & JUNE 37.35 37,25 .10 11/19/2002 43.03 - none 2.4460.1 MADRID. JOSEPH F 120.17 77.50 42.67 10/09/2002 55.26 . none 1.0010.5 MADSEN. CHARLES & DEBRA 15633 109.64 48.69 11/18/2002 55.43 . 2.3882.1 MADSON, WENDY 97.96 97.86 .10 12/01/2002 58.89 - none 31.2210.1 MAGDLlN, JOHN 135.29 89.54 45.75 10/22/2002 51.51 - none 19.0100.2 MAISANO. ARLEEN 103.25 7546 27.77 10/16/2002 3.91 - 2.5170.2 MANIER, DAVID & HELEN 99.55 96.24 3.31 11/13/2002 45.00 - 4.2016.1 MARKS, EUGENE & JEANNE 166.29 108.80 5949 11/20/2002 101.46 - none 21 32764 MARLER. WENDY 167.31 101.96 65.35 11/20/2002 107.97 - 74.26401 MARLETT. DIANA 174.50 84.99 89.51 11107/2002 131.50 - none 20.1308.4 MARLETT. DIANA 140.66 103.95 36,93 65.04721 MARQUARDT. MICHAEL 72.54 37.25 35.29 11/12/2002 39.09 - none 35.5016.2 MARTIN SHERIE, & DAVID J 125.97 47,25 75.29 343 10/24/2002 93.71 - 42.1950.1 MARTIN. DANIEL K. 153.86 76.71 77.15 11/18/2002 126.60 - none 74.3592.4 MARTIN. PATTI 46.7 4 46.27 47 12/16/2002 6000 - 2.2280 1 MASLEN. JENNY 10031 64.04 36.27 11/16/2002 70.07 - none ... In Msg column mdicates no Notice is 10 be sent CITY OF MERIDIAN Delinquenl Account List- council Page: 10 Standard Payment Cuslomers Dec 17.2002 10:09am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Dale Amount Msg 50,3704.2 MATA, FREDIE 107.12 106.19 .93 11/20/2002 61.00 - 51,0514.1 MATHEWS, DONNA 60.98 32.23 28.75 11/13/2002 40.39. none 51.4040.1 MATLOCK. JAMES 53.60 29.03 24.57 10/17/2002 24.07 . none 34.2106.2 MATLOCK. MELANIE R. 263.23 63.88 81.63 61.31 56.41 6.9868.1 MATRIX HOMES 14.51 11.03 3.48 34.1968.2 MATTHEWS. DAVID & MICHELL 292,15 207.58 84,57 11/20/2002 74.58 - 19.0186.1 MATTHEWS. JERRY 99.25 65.24 34.01 10/21/2002 34.84 - none 22.1068.2 MAUPIN. SHELLY D 168.4 7 93.22 75.25 1112012002 38.80 - 35.0243.2 MAUS. DOUGLAS & LAURIE 81.04 41.99 39.05 1010912002 40.89 - 50.4821.1 MAWS #3 - SPRINLKER 24.12 6.96 3.48 3.48 10.20 11121/2001 42.12 - 4.1626.1 MAXEY. SHANE & MICHELLE 84.10 84.04 .06 11/1812002 120,00 . none 43.0188.1 MAYNES, STEVE 99.70 65.89 33.81 10116/2002 62.4 7 - 34.1314.1 MCARTHUR, SYMPHONI 7763 77.60 .03 11/2512002 55.02 . none 33.2266.1 MCBRIDE. KEVIN 184.97 110.04 74.93 11/1912002 100.00 - none 69.2258.4 MCCANDLESS, DOUG 95.70 46.27 49.43 11119/2002 90.00 - 42.2072.1 MCCLINTICK. TODD & LEISA 143.74 72.63 71.11 11/19/2002 95.44 - none 2.0450,2 MCCLURE. BRENT 188.39 107.56 80.57 .26 1111912002 118.00 - 1.0170,2 MCCURDY. NATHAN 12475 96.30 28.45 11119/2002 30.26, 31.3474.1 MCDONALD. SHAWN 144.37 76.30 68,07 10124/2002 74.74. none 2.3660.2 MCFADOEN. CLEORA 100.81 62.90 37,91 31.3242.1 MCGOWAN. DAVID E 132.01 79.24 52.77 11/20/2002 65.39 - none 50,2192.1 MCGREGOR. JASON 83.01 47.59 35.42 10/21/2002 60.00 - none 31,0822.1 MCKAY, JOHN 160.63 111.12 49.51 11/18/2002 83.49 - none 34,1972,3 MCKEE, LESLIE 132.10 77.12 54.98 10/21/2002 141.00 - 14.3554.2 MCKINLEY. JACQUELINE 116.91 74.56 42.35 10/08/2002 42.20. 74.1104.9 MCKINLEY, JUNE 94.44 57,51 36.93 46.0558.2 MCKNIGHT. DANIEL 133.14 49.39 83.75 10/23/2002 120.60 - 33.2556.1 MCLEAN. BRANDON 88.99 83.82 5.17 11/25/2002 45.00 - none 31.2192.2 MCMILLAN, VICKI 115.46 76.84 38.62 11/18/2002 55.00 - 74.2342.2 MCMULLEN. FARIS & PATRICIA 81.39 46.27 35.12 11/1912002 50.00 - 2.3892.1 MCNALLEY. RUSSELL 187.26 47.04 42.31 97.91 10/28/2002 30,00 - none 74.0420.2 MCNEIL, JACOB 40.71 3071 10.00 12/0912002 30,71. 1.2730.1 MELLEN, ANGELA 204.89 114.88 89.81 .20 10/2312002 172.00 - none 31.3304.2 MERCER, APRIL 180.70 127.14 53.56 1111512002 80,00 - 4.0044.1 MERIDIAN SCHOOL DISTRICT 81.65 48.50 33.15 10122/2002 53.61. 52.1090.1 MERIDIAN SPEEDWAY 682.00 286.34 395.66 1012112002 1 .463.41 - none 52.1100.1 MERIDIAN SPEEDWAY 82.50 11.03 71.47 1012112002 244.43 - none 3.0700.1 MERIDIAN STORAGE 37.69 22.62 15.07 11104/2002 18.83 - none 50.0554.2 METZGER, MICHELLE 148.43 3.48 144.95 0612612002 65.00 - 74.3246.1 MEYER. JOHN & LISA 129.60 64.31 65.29 11119/2002 82.72 - none 31.2310.2 MEYER, SHERYL 76.33 76.30 ,03 12/05/2002 40.00 - 2.2030.1 MEYER, VIRGINIA 66.00 42.60 21,79 1.61 12111/2002 22.62 . none 19.1708.2 MICHAS. JAMES 114.63 109.04 5.59 11120/2002 110.00. 2.2631.1 MIDTOWN SQUARE HOME ASS 488.68 125.54 363.14 10/22/2002 438.60 - none 20.0060.1 MIILLER. JOHN 148.91 83.54 65.37 10/18/2002 177.48 - none 33.0056.1 MIKE CARDINAL 579.16 59.67 23.08 116.59 379.82 10/24/2001 322.22 . none 20.1698.1 MILLER & ASSOC 175.42 94.92 72.37 8.13 1 2/13/2002 50.00 - none 2.5330.3 MILLER, CHARLES 12713 8922 37.91 31.3414.1 MILLER. CHARLES & SHELLEY 231.79 16562 66.17 11/13/2002 14000 . none 21.2970.2 MILLER. GREG & JANET 143.05 88.94 54.11 11/04/2002 82.38 - 743696,1 MILLER. GREGORY & ERICA 100.58 65.29 35.29 11/21/2002 34.06 - 3.0102.1 MILLER. KENT & JENNIFER 115.43 73.74 41.69 10/21/2002 83.08 - none 35.0244.2 MILLER, MARK & WENDI 142,91 142.91 OS/2812002 45.96 - 34.1964.2 MILLER. RICKEY 12340 7908 44.32 11/19/2002 50,00. 22.1152.1 MINSEW. CASEY 149.41 93.84 55.57 11/21/2002 71.06 - none ... in Msg column Indicates no Nobce is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Dec 17, 2002 10:09am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pml Cust No Name Baiance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 1.2420.1 MIRONOV. BARBARA & OLEG 166.67 113.24 53.43 11/14/2002 62.13 - none 20.1652,2 MOLEBASH. JOHN & MONICA 153.27 97.06 56.21 11/22/2002 61.97 - 74,2624.3 MONGOMREY. JOSEPH & DOR 102.80 49.21 53.59 4.0538.1 MONSON, THOMAS 95.49 61.48 34.01 10/17/2002 66.74. none 74.2938.4 MONTE HESS 97,12 50,03 47.09 10/22/2002 48.90 - 40.0202.2 MONTEE. KENNETH 98,96 57.59 41.37 10/21/2002 84.40. 34.1540.1 MONTEFERRANTE, MICHELLE 145.35 76.30 69.05 10/23/2002 77.86 - none 50.3856.2 MONTGOMERY, JOSEPH & DO 90.08 42.37 47,71 22.2086.2 MOODY, SHAIN 127.61 84.80 42.81 11/18/2002 43,67 - 74.3300 1 MOORE, DONALD L. 69.00 34.99 34.01 11/16/2002 34.84 - none 6.1918.2 MOORE, KENNETH & CHRISTIE 137.94 59,00 22.43 27.33 29.18 08/27/2002 27.00 - 46.0222.1 MOORE, KEVIN & LISA 135.96 66.09 69047 040 10/08/2002 100.00. none 32.0816.1 MOORE, RICK T, 155.61 79.62 75.99 11/18/2002 90.54 - none 74.3304.3 MOREY, TIM 75.54 35,81 3V3 11/18/2002 47.42. 2.4400.2 MORGAN, FRANK 146.23 90.52 5571 11/08/2002 58.53 - 3.0889.1 MORNING GLORY #2 HOA 10.44 3.48 6,96 21.2222.1 MORRISON. ROBERT & CORIN 88.44 74.72 13.72 11/06/2002 50.00 - none 22.1602.2 MOUNCE, ROBERT 154.65 99.90 54.75 11/25/2002 70.00 - 4.2350,1 MOVIE GALLERY # 2986 52.82 18.86 7.55 7.55 18.86 08/19/2002 33.76 - none 21.1122.1 MULLIN, MICHAEL 118.21 79.46 38.75 10/18/2002 75.46 . none 88.0018.1 MUNICIPAL SERVICES 415.42 192.44 222,98 11/21/2002 103.25. 19.7990.2 MUNKRES. MIKE 87.23 58.48 28.75 10/10/2002 58.24 - 3.0670.1 MURRAY, WAYNE 131.13 82.02 49,11 11/15/2002 64.00 - none 19.6572.1 NAKAGAWA, KATHY 91.01 73.74 17.27 08/22/2002 127.10 - none 51.3310.1 NASH, EDWARD & RUDGE, CY 58,06 36.51 19.55 11/18/2002 50.00 . none 22.1742.1 NATHAN PUGMIRE 181.69 101,12 80.57 12/05/2002 80DO - 4.1876.2 NEEDS. KATHY 154.81 87.96 6685 11/18/2002 51.03 - 19.0046.2 NEITZELL. JAMES & HEATHER 177.00 170.20 6.80 12/12/2002 35.00 - 31.0200.1 NEPHEW, ARTHUR D 126.97 83.82 43.15 11/01/2002 45.00 - none 51.4110.3 NESMITH. STEVE 94.25 45.47 48.78 10/28/2002 100.00 - 143622.2 NEWBERRY. SCOTT 115.19 73.36 41.83 11/14/2002 40.73 - 1.3200.1 NEWKIRK, MARYANN 61.89 39,68 22.21 10/2312002 56.92 - none 31 .3308.2 NICHOLS. TAMMY 107.08 80.06 27.02 10/31/2002 55,00 - 22.1290.1 NIGH, MICHAEL 185.69 104.14 81.55 11/18/2002 104.92 - none 32.1758.1 NORRIS, GLENA 115.39 95.58 19,81 11/18/2002 100.00 - none 47.1054.2 NORTH, STEVE & JOYCE 53.67 52.69 .98 22.1632.2 O'HARA, KATIE 136.45 82.86 53.59 12/02/2002 8.82 - 20.2020.2 OPAL BLUME TRUST 200.35 128.94 71.41 10/24/2002 90.80 - 32.1460.1 OSBURN, JODY 144.61 95.26 49.35 10/11/2002 54.13 - none 51.3430,2 OVERTON. DAVID 94.24 45.31 38.89 10.04 12/16/2002 90.00 - 74.3286.1 OWENS. GLENN & VICKIE 104.64 52.81 51.83 11/15/2002 52.66 - none 2.2748.4 PACK. PAUL 177.87 97.22 80.65 10/23/2002 139.88 - 21.2230.1 PAGE, LINDA 93,69 62,46 31.23 11/18/2002 32.06 . none 50.4614.2 PAISANO ITALLlAN RESTURAN 494.06 262.82 231,24 11/19/2002 63.08 - 50.1770.2 PALMER. ELDON 66.70 34.19 32.51 10/22/2002 549.01 - 5.0428.1 PALOMO, ALEX 84.53 72.10 12.43 11/18/2002 50.00 - none 69.0300.1 PARK, JON & TESSIA 100.06 49.05 5101 10/21/2002 99.76 - none 22190.1 PARKER. I. RAY 137.76 79.08 39.05 19,63 12/11/2002 39.05 - none 213011.1 PARKWOOD MEADOWS HOME 21580 39.30 7110 105.40 09/23/2002 76.98 - none 74.3044,1 PARRISH. STEVE 102.02 51.01 51.01 11/18/2002 49.56 - none 32.1700.1 PASTIAN. BRYON 126.27 82.50 4377 12/11/2002 50 00 - none 33.2630.1 PATRICK, RYAN 156.71 84.20 7251 11/08/2002 43,68 - none 150524,1 PATTEE, RICHARD & ROSIE 148.33 101.04 47.29 11/18/2002 50.00 - 51.0318.3 PAULIN, BEN 5006 29.45 20.61 11/22/2002 3000 - 2.0120.1 PEABODY, ELLA 118.52 75.46 43.06 11/19/2002 35.00 . none .., in Msg column indicates no Notice IS to be sent ( CITY OF MERIDIAN Delinquenl Account List- council Page: 12 Standard Payment Customers Dec 17. 2002 10:10am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pml Cusl No Name Ba!ance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 51.3810.2 PERKINS, BRADLEY & PATRICI 114.92 63.61 51.31 11/15/2002 57.07 - 51.0746.6 PERKINS, CHARLES 84.85 45.31 39.54 11/18/2002 44.00 - 1.1200.2 PERSIMMON RENTALS 125.51 99.02 26.49 12/03/2002 90.00 - 213160.1 PETERSEN, DOUGLAS & JENN! 144.55 91.56 52.99 11/19/2002 89.00 - none 22,1430.2 PETERSON. ERIC 190.15 134,06 56.09 10/21/2002 196.16 - 460874.1 PETTINGILL. C. BLAINE 64.06 41.87 22.19 11/19/2002 38.00 - none 310156.3 PETTINGILL, LEWIS 127,61 83.82 43.79 11/13/2002 36,81. 4.1164.2 PHILLIPS, DAVID 154.81 109.86 44.95 10/23/2002 50.67 - 74.3000.1 PHILLIPS. RICHARD 93.52 46.23 45.29 10/21/2002 96.16 - none 34.1560,1 PHILP, HAROLD 154.55 91.00 63.55 10/22/2002 155.38 - none 37,3868.3 PICCOLA, NATALIE & JASON 58.28 43.79 14.49 11/26/2002 40.00 - 221526,1 PIERCE. TANYA 115.09 62.46 52.63 11/16/2002 70.12. none 421160.1 PIETRZAK. JOHN 99.94 55.63 44.31 10/07/2002 89.30 - none 341220.1 PIPER, GLENN 139.35 40.50 23.03 22.91 52.91 09/25/2002 76.27 . none 2.1870.1 PIPER. LARRY 106.19 65.02 41.17 10/2412002 39.09 - none 19.0280.4 PISONE, AMERICO & JUNE 95.25 56.36 38.89 19.6644.1 PLACE. WILLIAM 107.55 56.70 34.01 14.64 11/25/2002 50.00 - none 72.0112.4 PLUM, GINGER & LARRY 48.39 42.51 5.88 12/16/2002 42.51 - 3.0852.1 POFFENBERGER, EUGENE & E 143.33 96.30 47,03 11/18/2002 80.00 - none 22.0866.1 POLLARD, RONALD 338.69 201.56 137.13 11/19/2002 200.00 - none 33,3754,2 POMERLEAU. KATR!NA 111.51 73.74 37.77 10108/2002 39.58. 34.1412.4 PONATH, JOHN 107.99 59.30 48,69 10109/2002 57.39 - 51.1166.2 POND, JUSTIN 18,58 11.03 7.55 51.1168.2 POND, JUSTIN 18.58 11.03 7.55 21,1942.1 POOL, JAMES H. 259.29 259.29 01/15/2002 25.00 - none 22.0178.4 POPE, GERALD 117.15 75.32 41,83 32.0718.1 POPE, LOIS S 137.91 91.34 46.57 10/30/2002 64.09 - none 69.0522.1 PORTER. DOUGLAS 129.10 56.71 72.39 10/17/2002 84.03 - none 21.2604.1 PORTER. RODNEY 111.74 106.92 4.82 11/1412002 100,00 - none 21.0078.1 POTRIDGE. GAIL 130.31 85.02 45.29 10/22/2002 45.14 - none 50 2402.1 POWELL, RANDY 129.96 72.11 57.85 12/02/2002 6459 - none 35 0398.2 POWERS. PAXTON 53.4 7 51.47 2.00 11/18/2002 4559 - 3112661 PREISLER, SAMUEL 199.01 118.36 80.65 12/01/2002 37.96. none 2.0418.2 PRICE. DOUGLAS 178.11 110.30 67.61 11/19/2002 94,76 " 51,3102.2 PRICE. REBECCA 78.54 44.44 34.10 10/21/2002 33,98 - 211828,2 PRINTZ. DENIA 150.79 94.34 52.81 3.64 12/03/2002 25.00 - 34.3330.1 PR1TIKEN, ROGER & TERESE 10995 69.76 40,19 10128/2002 56.73 - none 46.0316.2 PRZYBOS. JOSEPHINE 81,26 43.35 37.91 10/22/2002 41.71 - 6.9834.1 PTACEK, CAROL & RON 43.44 20,82 12.29 10.33 09/1612002 20.66 - 4.2248.2 PUCKETT, RUSSELL 168.46 97.26 71.18 11/18/2002 100,00 " 14.5034.2 PUTMAN,CHERYL 76.81 50,96 24.99 .86 11/19/2002 2499 - 34.1172.1 QUARNBERG, CARL & DOROT 188.08 121.58 66.50 11/25/2002 86.00 - none 21.1476.2 QUINTANA. LOUIS 81.51 52.76 28.75 11/18/2002 27,65 - 21.1658.1 R & M HOMES 72.39 71.78 .61 10/30/2002 14.28 . none 740902.2 RACKHAM, LARRY 55,55 21.24 19.28 15.03 10/17/2002 30,15. 52.1002.2 RAFANELLI & NAHAS 110.86 76.41 34.45 09/17/2002 41.80 - 21.2766.1 RANDALL. GLENDA 104.95 59.84 45.11 10/22/2002 135.58 - none 2.5670,1 RANSOM, JAMES R. 164.97 78.26 45.91 40.80 12/06/2002 50.00 - none 213088.2 RASMUSSEN, CLINTON 254.95 88.76 52.79 101.64 11.76 10/21/2002 101,64 - 21.1754.2 RASMUSSEN, DANIEL & JENNI 8087 54.72 26.15 11/04/2002 38.89. 35.0032.2 RASUSSEN, DANIEL 58.80 30.87 2793 10/16/2002 29.77 - 16.3001.1 RATCLIFFE INVESTMENTS 20.88 6.96 3.48 3.48 6.96 50.4594.2 RCGINC 72.10 48,77 23.33 12/02/2002 20.00 - 222280.2 REAVIS, JEFFREY 145.27 144.32 .95 12/16/2002 106.00 - 332374.3 REBOLLOZO, JOSE & DALILA 111.87 81.04 30.83 11/13/2002 5000 - ,.. In Msg column Indicates no Nolice is 10 be sent ( CITY OF MERIDIAN Delinquent Account List- council Page; 13 Standard Payment Customers Dec 17, 2002 10:10am Current Period: 12/30/2002 No Delinquent Minimum AmounlDelinquent Balance Last Pml Last Pml Cust No Name Ba!ance Non-Delinq 10/31/2002 09/30/2002 06/31/2002 Date Amount Msg 2.2580.1 REED. DEBORAH 124.74 86.26 38.48 11/18/2002 80.00 - none 2.6940,2 REED. STACIE 107.99 69,76 38.23 10/15/2002 86.02 - 2.0412.2 RE!D. JOHN 172,95 108.06 64.89 11/18/2002 75,52 - 22.0814.1 REMAXlCAPIT AL CiTY 324.08 41.01 85.59 197.48 06/25/2002 167.42 - none 42.2730.1 REPACI.LYNETTE 109.42 58.41 51.01 10/09/2002 113048 - none 36.1112.1 RF CONSTRUCTION 10.72 7.24 3.48 33.4578.1 RHINEHART, DOUG & MARY 119.70 93,52 26.18 11/19/2002 100.00 - none 19.4422.2 RICE, BEN 73.63 69.76 3.87 11/14/2002 26.66 - 31.1 062. 1 RIDGEWAY. ROBERT & CAROL 200.33 116.18 84.15 11/13/2002 82.07 - none 14,5002.3 RIDGWAY. DALE 140.45 89.60 50.85 10/18/2002 60.50- 1.4100,5 RINCOVER, LAWRENCE 165.14 89.70 75.44 11/21/2002 43.00 - 75.0112.1 ROARING SPRINGS WATER PA 26.38 7.55 18.83 10/22/2002 391.07 - 19.1298,1 ROBERTS CUSTOM HOMES 73,77 73.74 .03 10/31/2002 46.24 - 34,0956.6 ROBICHAUD. ROBERT 99.50 90,68 8.82 5.0180.1 ROCCA. DEANO & PAMELA 107.17 100.54 6.63 12/13/2002 71,00 - none 34.1982.1 RODRIGUEZ, RODGER 184.84 149.70 35.14 11/05/2002 79.59 . none 74.2708.5 ROSS, EUGENE 82.68 36.93 45.75 4.1844.3 ROSSI. PIETRO 99.55 53.30 46.25 10/14/2002 147.08. 20.2060.2 ROTMAN. ARY 125.04 124.98 .06 12/16/2002 37.57 - 1.4430.1 ROWLEY, HELEN 49.90 49.72 .18 09/10/2002 72.24 - none 15,0040.3 ROWLEY, RICHARD 124.83 82.02 42,81 11/18/2002 44.65 - 50.4630.1 RUEPPEL. RONALD 87.18 36.51 50,67 11/12/2002 131.46 - none 47.0074.2 RUMSEY. PHILIP & JENNIFER 92.04 51.19 40.85 2.3160.1 RYAN, WALTER 75,24 63.06 12.18 12/16/2002 100.00 . none 74.32442 SARGENT, RICHARD & TERES 117.64 73.33 44.31 12/11/2002 30.00 - 8.0112,1 SAWTOOTH HOMES 52.41 34,94 17.47 11104/2002 696 - 2.5680.1 SAXTON, CORY 220.69 11.32 209.37 06/19/2002 76.22 - none 65.0872.4 SCHILD. LES 37.56 20.26 17.32 11/18/2002 34.84 - 74.0382.2 SCHILDHAUER, YOULANDA 97.44 46.27 51.17 11/18/2002 58.66 - 31,3266.3 SCHLITT, GARY 186.79 113.00 73.79 11/22/2002 47.59. 74.3170,2 SCHNEIDERMAN. MATTHEW 91.56 46,27 45,29 10/23/2002 46.12 - 42.3050.1 SCHOLZ, LESLIE 98.02 54.65 43.37 11/18/2002 50.00 - none 21.11141 SCHOOLCRAFT. DANNY 161.51 82.08 79.43 11/07/2002 91.04 . none 21.1870,1 SCHOPPELREY, DOUGLAS & C 111.16 106.10 5,06 12/16/2002 85.15 - none 32.0622.4 SCHUSTER, BILL & LESLIE 240.02 85.02 43.33 59.84 51,83 12105/2002 70,20 - 3.0042.1 SCHWEND, LUVMINDA 127.64 84.80 42.84 11/16/2002 40.00 - none 5.0414,3 SCOTT. EDWIN & KATHY 137.49 85.18 52.31 10/22/2002 108.62 - 34.2760.4 SEALY. CANDYCE 142.31 109.64 32.67 10/21/2002 25.69 - 3.0677 .1 SECO ASSOCIATES INC 18.82 8.92 4.46 5.44 09/18/2002 14.12. none 21.2904.1 SEVIERI, MIKE 91.07 56.90 34.17 11/14/2002 42.84 - none 50.03061 SEXTON. CLIFFORD 42.18 20.95 21,23 10/11/2002 126.39 - none 47.1096.1 SHADOW MOUNTAIN CONSTR 28.89 21.93 3.48 3.48 74,0322.2 SHELDON, PAM 63.42 40.19 23.23 12/16/2002 15.00 - 50.3694.3 SHEL TRON, ROGER 109.22 53.67 55.55 11/18/2002 77.97 . 32.1348.7 SHEL TRON, ROGER 103.59 66.66 36.93 42.2526.1 SHEL TRON, ROGER 145.96 62.17 83.79 10/24/2002 134,72 - none 34.2048.1 SHEPERD, CRAIG 115.67 75046 40.19 11/05/2002 4912 - none 74.3960.1 SHERARD. BILL 103.00 53.95 49.05 11/19/2002 43.88 . none 46.4654.1 SHERWIN WILLIAMS 458.08 239.28 21880 10/17/2002 215.50 - none 46.4655.1 SHERWIN WILLIAMS 5160 22.64 28,96 10/17/2002 16.22 - none 500292.1 SHOEMAKER. TAMI 88,07 62.47 25.60 11/19/2002 65,00 - none 21,0208.1 SILSBY. TERRY 267.61 83.54 61.13 122.94 12/16/2002 100.00 . none 32.0862.2 SILVA. TAMERA 125.87 97.22 28.65 11/25/2002 50.00 - 69.1292.3 SIMMONS. BRETT 85.28 36.27 49.01 10/21/2002 172.26 - 1.2250,2 SIMON. BRADY 117,15 74,34 42.61 11/04/2002 54.45 - ... In Msg column indicates no Notice is to be sent " ( ( CITY OF MERIDIAN Delinq uent Account List- cou ncil Page: 14 Slandard Payment Customers Dec 17, 2002 10: lOam Current Period: 12/30/2002 No Delinquenl Minimum AmountDelinquent Balance Lasl Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 31.3236.2 SINCLAIR. KEN 169.05 87.58 81.47 10/23/2002 110,54 - 34.0822.1 SITZLAR. RON & GAY 79.10 78.10 1.00 12/02/2002 51.00 - none 3.0038.1 SKOGERSON, THOMAS 109.05 67,20 41,85 10/16/2002 12.72. none 50,0138.3 SMITH, BARBARA 108.70 51.19 57.51 21.3010,1 SMITH. BRYAN 86.90 62.24 26.66 11/13/2002 50.00 . none 21,2128.2 SMITH, DANIEL 14019 93.46 46.73 10/15/2002 48.57 - 51.0498,1 SMITH, KARL 163.63 45.63 44.11 73,89 11/01/2002 90.00 - none 2.1700.2 SMITH, LEON & JANICE 129,75 82.52 47,23 09/23/2002 188.13 - 50.0144.5 SMITH. RON & SYLVIA 106.43 56.05 48.38 11/15/2002 50.00 - 74.3480.4 SMITH. RON & VICKI 79.59 38.89 36,93 3.77 11/19/2002 35,00 - 33.2296.1 SMITH, RONALD & MELISSA 117.12 115.04 2.08 10/29/2002 110,22. none 32.4822.3 SOMAZZI, ROGER & JENNIFER 108.97 67.14 41.83 10/17/2002 111.99 - 32.1576.1 SON, DAVID & SHELLlE 153.06 53.58 32,35 67.13 10/03/2002 86.00 . none 33.2646,1 SONDERMAN. MARTIN 8138 81.04 .34 12/16/2002 40.50 - none 21.3164.1 SOWER. MICHAEL 145.01 93.68 51.33 11/15/2002 66.74 - none 69.1312.2 SPANGLER, KEVIN 125.20 52.31 72.89 10/17/2002 65.48 - 2.3430.1 SPEARS. BRYCE J. 221.93 157.20 64.73 12/12/2002 65.00 - none 74.3346.1 SPELL. MAYNARD 97.12 49.05 48.07 10/06/2002 97.60 - none 50.1254.3 SPENCER, ROBERT & CAROLL 122.04 50.21 71.83 10/23/2002 95,18. 69.1640.2 SPENCER. SHIRLEY 101.36 48.23 53.13 10/08/2002 38.77 . 32.1686.3 ST GEORGE, JASON 90.11 62.02 8.09 11/19/2002 50.00 - 3.0426.2 STAGGERS. PERRY 160.05 89.26 70.79 11/18/2002 100,00 - 32.1598.2 STAGGS, DUKE 122.37 77.28 45,09 10/21/2002 81.12- 21,0200.3 STARR, DALE & MICHELLE 67,57 66.62 .75 12/01/2002 45.00 - 21.0012.1 STEIDER, CHRIS 127.19 72.92 54.27 10/10/2002 114.88 - none 22.1048.1 STEINER, THURSTON 197.97 120,00 77.97 11/18/2002 91.54 - none 32.0824.4 STEVENS, LARRY 175.17 111.26 63.91 11/20/2002 42,58 - 5.0416.1 STIEF. PATTY 214.81 137.76 77.05 11/07/2002 101.34 - none 42.3056 A STINAR. ILENE 75.22 73.99 1.23 11/22/2002 55.00 - 20.1668.3 STOLZ, DONALD 131.59 78.96 52.63 10/31/2002 54.44 - 22.1406.2 STRAIGHT. PHILLIP 109.97 87.96 22.01 11/19/2002 65.00 - 21,21181 STRINGER. LARRY & EVANGEL 189.65 122.62 67.03 10/17/2002 144.54 . none 21.2922.3 STUART, DEAN & DIANE 237.09 107.90 129.19 11/19/2002 65.72 - 13.1194.1 STURTEVANT. DON AND JENNI 82.06 7728 4,78 11/14/2002 30.51 - 21.0164,3 SULLIVAN. KATHY 176,05 103.32 72.73 10/18/2002 78.46 - 21.1130,2 SULLIVAN, KATHY 187.31 104.62 62.69 10/18/2002 111.94 - 15.0056.2 SUNADA, LEROY 86.92 76.30 10.62 10/29/2002 35.00 - 13.846204 SUNRISE ESTATES 123.61 80.28 43.33 10/22/2002 42.20 - 34,2879,1 SUPERIOR CONSTRUCTION 17.40 6.96 3.48 3.48 3.48 08/19/2002 3.48- 31.3468.2 SUTTON III, DONALD 113.01 93.52 19.49 1 2/02/2002 40.00 - 6.1914.1 SWANSON, STEVE 62.73 52.04 10,69 11/04/2002 24,67 - 51.1134.1 SWCR 4798 47.98 12/04/2000 12.96. 51.1129,1 SWCR CORP 469.15 186.76 226.94 55.45 12/12/2002 200.00 - 42.2350.2 TADEVIC. GEORGE 59.66 59.55 .11 12/09/2002 46,00 - 690484.6 TADEVIC. TOM 106.68 51.17 55.51 11/20/2002 80.00 - 6,1290,1 TAHOE CONSTRUCTION 123.55 120.07 3048 09/1712002 20.00 - 23370,2 TALBOTT, BYRON 87.81 87,81 10/10/2002 48.83. 20 1964.2 TECO INVESTMENTS 179.03 99.00 8003 11/12/2002 100.00 - 50.1020.1 TECO INVESTMENTS 4912 4301 6.11 10/16/2002 65.00 - none 21970.2 TEETER, TRACY 162.51 106.76 55.75 11/07/2002 70.30 - 312314.2 TEIXEIRA, MICHELLE 100047 66.98 33.49 11/15/2002 37.55 - 31.07983 THIEMANN, CHRIS 123.03 75,32 47.71 11/14/2002 53.47 - 6.1366.1 THOMPSON HOMES 82.81 60.22 22.59 10/11/2002 71.50 - 32.1558.4 THOMPSON,GARY 106.38 100.00 6,38 09/02/2002 85,00. 50.2110.2 THOMPSON, RHONDA 101.52 56,91 44.61 11/19/2002 47.43 - ... in Msg column indicates no Notice IS to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page' 15 Standard Payment Customers Dec 17, 2002 10 11 am Current Period' 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Ba lance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Date Amount Msg 1.1950.1 THORNE, TORY 365.31 231.06 134.25 11/20/2002 146.34 - none 1.1940.1 THORNE, TORY L 272.11 181.84 90.27 11/20/2002 101.05 - none 21.2768.2 THURBER. RICHARD 145,51 92.54 52,97 11/18/2002 63.60 - 2,5360.1 TIDWELL. ROBERT 142.78 88.56 53,27 .95 11/18/2002 62.00 - none 2.4062.4 TIMBERLINE INVESTMENTS 106.72 74.72 32.00 12/13/2002 20047 - 2.2200.3 TODD. RICK 86.25 57,50 28.75 11/18/2002 70.00 - 22.2354,1 TOFFELMIER. ROBERT & JODI 15467 103.82 50.85 10/30/2002 54.62. 34,1902.2 TOLBOE. ANDREW 84.61 56.68 27.93 10/22/2002 86.98 - 13,8570,2 TORFIN. CHRISTOFFER 149.27 104.96 44.31 10/22/2002 90.28 - 50.4022.3 TORGESON,MATTHEW 107.37 78.41 28.96 11/20/2002 50,00 - 42.1216.1 TOROK. ZSOL T 67.90 36.67 31,23 10/11/2002 63.14 - none 74.2464.1 TOWN. NEAL 140,92 72,91 68.01 11/18/2002 82.56 - none 31.2202.1 TOWNE, DOUGLAS 109.83 109.80 .03 11/20/2002 73.82 - none 42.2714.3 TOWNSEND. DAVE & JOYCE 109.17 109.17 20.1492.1 TRAMPLEASURE. DENNIS 163.D1 10464 58.37 10/16/2002 84.38 . none 1.1340,1 TRETTiN, THERON 52,60 25.81 26.79 10/30/2002 29.61 - none 3.0290,3 TRICKETT. TARA 84.77 55.86 28,91 10/22/2002 5268 - 35.3040,1 TRINITY HOMES 39.98 33.56 6.42 13.8546.2 TROGDON. TYKE JR 159.33 85.02 74.31 10/23/2002 109.54 - 33.2592.1 TROSPER. CLIFF 11 2.45 73.52 38,93 11/18/2002 40.00 - none 2.4490.1 TSGT JAMES BURRELL 126.81 73,04 53.77 10/24/2002 83.05 - none 25.4090.1 TUSCANY HOMES 320.49 17.47 21071 92.31 25.4026.1 TUSCANY HOMES 109.46 109048 34.2104,1 TYLER, HEIDI 23951 156.20 81.31 11/20/2002 55.11 - none 50.0506.2 ULMER, NIKI 94.32 49.39 44.93 11/19/2002 41,87 - 52.0263.1 UNDER THE ONION 251.52 3.48 169.10 78,94 10/28/2002 61.30 - none 74,2876,1 USSERY, TRACY 126,22 66.05 60.17 11/19/2002 67.86 - none 74,3532.1 VALDEZ. RICARDO 10006 51.99 48.07 10/18/2002 47.92 - none 50.0598.2 VALDEZ, TONY 115.70 44.15 71,55 12/01/2002 73.00 - 20.3221.1 VALLI BUILDERS 152.58 19.80 132,78 03/11/2002 32.96 - 42.3968.1 VANHOUTEN. MIKE 68.10 39.45 26,65 11/18/2002 50.00 - none 22.1770.3 VAUGHAN, WILLIAM & LORI 83.30 72.54 10,76 11/22/2002 24.53 - 2.0466.1 VICK, WiLLIAM & KELLY 157.51 97.22 60.29 11/19/2002 70.95 - none 34.1658,2 VIDEEN. STEVEN & ELIZABETH 135.44 84.80 50.64 10/28/2002 71.11 - 42.0324,1 VIVES. MARK 102.88 56.61 46.27 11/18/2002 48.08 - none 50.3742.2 VNUK, JOHN 168.38 62.63 94.43 11.32 11/18/2002 170.00 - 22,0318.1 VOORHEES. MICHAEL 124,41 73.74 50.67 11/19/2002 40 72 - none 742690.3 VUITTONET, JUAN 292.56 46.27 52.15 101,98 92.16 09/04/2002 200.00 . 1.4692.3 VWR INTERNATIONAL 325.73 287,23 38.50 11/22/2002 38.50 - 35.5017.2 WAGEMAN. CLINT 60.57 41.01 19.56 11/19/2002 50,00 - 31.3464.2 WALBORN, KRIS & CARR, TER 119.27 79.24 40.03 10/22/2002 79.82. 1.2310.2 WALKER, BETTE 173.87 117.06 56.81 11/18/2002 65.00 - 31.0608.1 WALKER. MICHAEL 177.47 125.18 52.29 11/18/2002 58.05 - none 34.2734.1 WALL, MIKE 105.05 68.78 36.27 11104/2002 40.81 . none 46,0860.2 WALMER. TAMMY JO 108.18 44.19 39.73 24,26 10/08/2002 50.00. 32.1306.2 WALSH, DAVID & CARA 128.51 86.98 41.53 11/19/2002 44.32 - 22.0466.1 WALSH, LAWRENCE & KAPRI 178.77 11602 62.75 10/17/2002 108.69 - none 34.1938.1 WALSH. RACHAEL A 141.69 8432 57.37 10/14/2002 89.59 - none 1.3340.1 WALSH. RON 136.52 13652 01/16/2002 29.17 - "'none 50.2388.4 WARD. LINDA 84.05 67.39 16.66 20.0190,1 WARD. LINDA K 183.40 8120 75,31 26,89 11/04/2002 5000 . none 74.3426.1 WARDEN, CAROL YNE 155.22 7761 77.61 10/31/2002 111.79 - 20.1846.1 WARE. MICKEY L. 141.07 8158 59.49 11/14/2002 98.54 - none 19.4470.2 WATLINGTON, JUSTIN 122.79 76.52 46.27 10/09/2002 4710 - 31.3388.1 WATSON, COREY S 128.92 84.80 44.12 10/28/2002 60.00 - none ... in Msg column Indicales no Notice is to be sent CITY OF MERIDIAN Delinquent Account Lisl- council Page: 16 Standard Payment Customers Dec 17, 2002 10:11am Current Period: 12/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cusl No Name Balance Non-Delinq 10/31/2002 09/30/2002 08/31/2002 Dale Amount Msg 74.3052.1 WATSON, JASON 100.72 50,85 49.87 10/22/2002 105,32 - none 31.2230.1 WATTERS, TAMl 50.00 44.97 5.03 10/18/2002 22.90 - none 3.0302.2 WATTS, MELVIN & SONDEE 81.28 81.04 .24 11/05/2002 98.00 - 50.2088.2 WATTS, WALTER 88.44 49.39 39.05 10/09/2002 40.89 - 51.3198,3 WEAST, WESLEY 142.39 77.35 65.04 11/25/2002 62.00 - 42.0462.4 WEBB. HENRY & CHERRIE 141.70 64045 77.25 11/18/2002 44.36 - 743544.2 WEBBER. ALLANA 55.45 31.53 2392 11/15/2002 40.00 - 22.1238.1 WEISS. DAVID M, 196.45 96.30 100.15 11/18/2002 80,00. none 3,9668 1 WENDELL & KASHA LAWRENC 354.55 341.98 12.57 11/15/2002 170.00 - 31.3322.1 WESTON, DECKER 157.37 102.46 54.91 11/19/2002 54.79 - none 6.9214.1 WESTROCK HOMES, INC. 81.15 81.15 40.0434.1 WETHERED, PEGGY 68.20 68.05 .15 10/30/2002 107.28 - none 51,3640.1 WHEELER, LOREN R 39.93 38.93 1.00 12/01/2002 31.51 - none 32,1404.1 WHITE. ALAN & SHARON 166,84 108.18 58.66 11/15/2002 70.00 - none 21.1590.1 WHITTEN, DAVID 81.01 76.52 H9 12/16/2002 40.00 . none 65.0360.1 WHITWELL. PAUL 42.02 41.99 .03 11/19/2002 40.00 - none 5,0792.1 WICK. DON 206.57 119.50 87.07 11/19/2002 100.00 - none 52.0262.1 WILD SHAMROCK LLP 952.71 389.02 273.26 290.43 10/28/2002 252.83 - none 69.1304.1 WILDE, KENNETH 197.78 93.99 103.79 11/19/2002 153.62 - none 32.0618.2 WILKERSON, JASON 137,68 86.60 51.08 11/18/2002 54.00 - 19.6586.3 WILLIAMS, DAVID & DULHANTY 84.93 74,34 10.59 09/13/2002 79.82 - 2.2040.1 WILLIAMS. FRED 164.83 81.04 4379 40,00 11/20/2002 61.66 . none 35.1160,2 WILLIAMS. TERRY 187.38 39.21 148.17 10/09/2002 91,90. 32.1252.2 WILLIAMSON. DALE 67.83 67.80 03 1 2/16/2002 40.00 - 50.0070.1 WILLIAMSON. JOHN 45.06 37,95 7.11 11/15/2002 37.29 - none 2.0250.1 WILLIAMSON, JOHN F 9451 76.30 18.21 11/15/2002 40,89 - none 2.0290,1 WILLIAMSON. JOHN F 80.40 71.56 8.84 11/15/2002 39.91 . none 3.0004.1 WILSON. JAN 90.91 60.66 30.25 11/14/2002 31,08 - none 33.3662.1 WILSON, RANDY 119.27 77.28 41.99 11/04/2002 43.83 . none 7.0880.2 WINKLER. GREG 95.30 71.56 23.74 11/14/2002 40.00 - 35.0227.1 WINN. RANDY 60.55 30.55 30.00 11/18/2002 30.98 - 74.0094.3 WINWOOD, RANDY & CATHY 190.81 64049 79.59 26.73 11/05/2002 110.00 - 3.0026.2 WOLIN. DALE 118.13 60.06 3807 10/17/2002 64.72- 33.4282.3 WOLIN, DALE & LOIS 114.95 72.60 42.35 10/22/2002 43,18. 143006.2 WOOD, DOUGLAS & MELANIE 90,21 89.76 .45 11/21/2002 46.00 - 19.7176.1 WOODS, DAVID 104.32 103.82 .50 11/16/2002 50.35 - none 34,1506.2 WOODWARD. ROBERT 112.52 68.78 3627 7,47 10/22/2002 60.00. 321632.1 WRIGHT, MICHAEL & SUSAN 125.65 83.82 4183 11/1912002 43.67 . none 33,2382,6 YAMAMOTO, KRISTINE 130.55 87.74 42,81 10/18/2002 84.40 - 74.3348.6 YEATTS, PAMELA 229.60 185.29 44.31 11/20/2002 43.67 - 74.0372.3 YELTON. LAURA 68.89 46.73 42.16 11/19/2002 60.00 - 68.0158,1 YOKOM, TOM 167,98 118.07 49.91 11/15/2002 50.00 - none 13.8458.2 YORK, RICHARD 114.95 73.58 41.37 11/15/2002 42.20 - 2.0670.1 YOUNG, AUSTIN L 118.44 89,70 28.74 11/21/2002 40,00 - none 20.1862.1 YOUNG, DOUG 166.83 79.62 87.21 11/18/2002 78,62. none 21.1768.1 YOUNG, JEFF 81.43 53.96 2747 10/22/2002 31,24. none 71072 1 YOUNG, MIKE & ROBIN 145.60 59.30 6807 1823 10/24/2002 111.57 - 5037841 ZAVALA, JOSE 92.04 53.47 3627 2.30 11/15/2002 70.00 - none 40848 2 ZIMMERMAN, BRAD 125.81 85.78 4003 10/24/2002 40.89 - 31.0658.2 ZIMMERMAN. RONALD 129.35 9590 33.45 12/01/2002 31.90 - 460446.1 ZIMMERMAN. WILLIAM 53.45 53.15 30 12/06/2002 45,75 - none Grand Tolals 119,426.28 71,035.34 40,045.68 4.578.37 3,766.89 ,.. in Msg column indicates no Notice IS to be sanl u.. u.. o 0- ::J J: '" -' <( ::J 0- U <( -' o Z ::J o U o 0- 0- Z uJ 3: u.. ('.i u.. 9 0 0 0- ::J Q:: J: <( V) llJ -' >- <( -' :::> <( 0- U U V) <( u::: ( u.. '" u.. 0 0 ,;, 0- 0 :::> Q:: ;:r: <( V) UJ -' >- <( -' :::> <( 0- U U '" <( u::: -' o z :::> o U o 0- I-- Z UJ 3: '<t o ,;, o Q:: <( UJ >- -' <( U '" u::: (") o 0.l o Q:: <( w >- -' <( U '" u::: (") o 0.l o Q:: <( W >- -' <( U !Q u.. :! N U 9 z :::> 0 0 Q:: U <( '" 0 UJ e:; >- ::;, .... N I- -' g 0 "'- (") I- <( (") (") .,.., z U =:> w V) \.) 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CITY OF MERIDIAN PREMCOUNCIL MEETING AGENDA TuesdaYJ December 17f 2:002 at 5:00 p.m. City Council Chambers 1. RolIMcall Attendance: /lh'}~.ft{ € 5": [;5 frr<-- V Tammy de Weerd ^ Cherie M~Candless X 1\ Mayor Robert Corrie Bill Nary A-fl @ G; ?Clf;J/r---' Keith Bird o )( 2. Adoption of the Agenda: Uj/,Pr-ov<-- Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan: pY'.R.Jt7?<-recG Presentation by Ada County Highway District for Overland Road Project: j)reJ:-e~"f,fd/ Executive Session regarding Emergency Communications Advisory Board per Idaho Code ~ 67-2345 (1){f): f1..o dec/f/c.'^->.r n..?I'd.-v f7/lt..9'(JI- w}// Jend' J!elf'6V . Discussion of Mill LevY:C4'fca..rf (loh-lYYltr?o.-- Update on IT Software: J'-hc:f. 1< fl,.clU"tu)we~ Eicflresf /h.ez7r/)(' JC!-h';c.N-e- Discussion of finance Report with finance Department: fT<< cy Ie.. ;JT'e fe Are d- Meridian City Council Agenda - December 17,2002 Page 1 of 1 All materiflls presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to doclIments and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie I ..t. .<'Cl ,~- . i~' "j '+ ',lO,\'"-~ clfe~;d/:n~ ~ IDAHO ;>-. ~-l' " ~""" i 1903 ( CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250] PARKS & RECREATION (208 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-] 297 BUILDING DEPARTMENT (208) 887-22] I . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, December 17,2002 at 5:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan - Presentation by Ada County Highway District for Overland Road Project - Executive Session regarding Emergency Communications Advisory Board per Idaho Code & 67-2345 (1)(f) - Discussion of Mill Levy - Update on IT Software: - Discussion of Finance Report with Finance Department The Executive Session is closed to the public; however, the public is \\1\\l11llf// \\\\ 1//1 ,"'\ Of Mt:f?ID'I/// welcome to attend the remainder of the meeting. ~,,:-,,'J- ~POl:>~ ~;/~ ~ --,,--cP '4'1r..~ ~ ~ ~ ~ .." - .. - .. - .. - ~ = DATED this 13th day of December, 2002. JI~~ - .. November 18, 2002 ~~ REJCEIVED DEe 1 8 2002 CITY OF MERIDW Testimony on ACHD's Proposed Capital Improvements Plan (CIP) as it pertains to tlte North Meridian Planning Area Prepared bv Michael D. Wardle The draft ACHD CIP lists the following North Meridian projects: 1. Ustick Road [proj. # 84] - expansion to 5 lanes on the planning area's south boundary east of Meridian Road. · The project is traffic impact fee (TIF) eligible based on projected traffic volumes. 2. McMillan Road [# 74] - expansion to three lanes from Meridian Road to Locust Grove. . TlF-eligible. 3, McMillan I Linder intersection [#103J - signalization; widen to 3 lanes. . TlF-eligible 4. Ten Mile Road [#'s 7 and 8J - expansion to 5 lanes from Ustick to Chinden. · Projected 2025 ADT is 3,200 between McMillan and Chinden and 5,200 trips between Ustick and McMillan. · Projects are not TIF-eligible due to <<no fUture deficiency" according to the COMPASS Travel Demand Model, the basis of the CIP. ACHD conducted two publicly-funded traffic studies by Washington Group International (WOI) in 2001 due to concerns for proposed projects in North Meridian. Projected traffic impacts from those studies led to the fonnation of the North Meridian Area planning effort. In spite of the fact that two of the major projects (Bridge Tower and Lochsa Falls) that provoked the WGI studies have been approved, and a third (Paramount a.k.a. Keltic Heights) is pending, the underlying growth assumptions of COMPASS' Travel Demand Model (i.e., 4,214 new dwellings versus WGI's projection of 15,912 in 20 years) were used to prepare the CIP. As a result, there are only two North Meridian impact fee-eligible projects (items 2 and 3, above) listed in the CIP. There are no other transportation deficiencies identified in North Meridian through the 2025 ClP period. Either the planning basis is flawed and the CIP is not accurate, or the conclusions of the ACHDfWGI studies were incorrect. The following steps must be taken before a crp is adopted: COMPASS' growth projections must be reconciled with wars, and the Model adjusted accordingly; and, resulting system-deficiency projects must be added to the CIP as TIF-eligible. Therefore, I request that this matter be addressed, and the necessary adjustments be made, before adoption of the CIP. If the CIP's current basis is accurate, there are few traffic problems to be addressed in North Meridian during the next 20 years. IfWOI's projections are correct, then the CIP, as presented, is flawed and must be corrected. "'~" ~'. o ~.... ~.. ::;.,. l;::O r" - c:::lf t:l R5 ~ , , "";'C'f';,Xf",,;~'.; 'ft) ~ n o ::s fA .. ., c n .. -. ..0........ ...., ... :J ".:::S' a. I\) .. ....Ii. CJI " . :3 .....<.~i'....<,..<. ..<..........(b........... en ... ~ -. n ... o 00 oem :i _ ~. _ ~C:ic ""I :';j m 0 co..(f)""1 o ro (f) w ~""I"t1o.. o w 0 :i -; ......... A . ~ ttf 0" ~ 0 [ ZO ~. rJ'J.-< ~..'.. rl tJj ! ..)~:)?=J ;;.. ...\.-i',':r i~:" z~ ..' /Jj;. . . ti-I'- ,:. ;~) 00' ~'..i'Z ~ ..~ .~ 0 ~ ~.. > ~ 0 0 ~' ...tJj .:Q H ..~.. ~ ...... l+J ' . (1' . ... . . . . .... .. . . .. . .. , . .". 0', ..':: . ~ . .. . . .... .. .. " .. Z.. .0........ .. .. crJ' <: HtE .~..~ . ..:. .....::... .. . . . . . . .. ... . . ....r . .. . . . . .. .....:d:....:::. ., . .... . . ....~. . . . . . . . .- .. . . . . . . . ,. .. . . . . ... . . . . . . . . . n ......:.... Z"':" "H '.' ~ ~.:: o..v............. "Z~ . . .. . . . .. .. . . .. . .c... . .. . ,. .. . . . . .'. 'C. 0" . ,,' . . .. . . . . .:'~ . ~> ou ~ tE ~........ ..... , .. . . .. . H c lat. MAYOR Robert D. Corrie '~:\J'I ~ CITY OF m'. ". ......, ...',- , tJridiaJ1~ ~ " ~ IDAHO & ,). 1/ :-S:-I' .. . RRA~lIRE~, m~ otd.c./ ]lCt1fl}::g J LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 [ PARKS & RECREATION (208888-3579' Fax 898-5501 PUBLIC WORKS (208) B9B-5500 'Fax 887-1297 BU[LDlNG DEPARTMENT (20B) 8B7-221 [ . Fax 887-[297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 17 Leecs L ~ o9,1:'.};;y 1\.cb W,G. CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, December 17,2002 at 5:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan - Presentation by Ada County Highway District for Overland Road Project - Executive Session regarding Emergency Communications Advisory Board per Idaho Code S 67-2345 (1)(t) - Discussion of Mill Levy - Update on IT Software: - Discussion of Finance Report with Finance Department The Executive Session is closed to the public; however, the public is \\1l\lIIl1f/f \\\\ 1111 ""',,, Of Mt=F?/4'/I.' welcome to attend the remainder of the meeting. .:.,-.,:::-''(j ~POl;).. :..;;;~"" ~ .:>.cP '''''fr.<-~ ~ ~ ~ '0 ~ ~ - ~ - - , ~ ~ - - - - 'Y'~ & 2 Q ,~ ::: ... '1: Us 15\' ~o .$ WILLIAM G. BERG, JR. - CIl""P.fY. ~~ ~$' /, ( J<. !-rV \' 'fI'l' ...:;" 1 1 · \\\\ 33 EAST IDAHO. MERIDIAN, IDAHO 83642 IfJt;;.:"H;dl\n\\ (208) 888-4433' Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288.1193 DATED this 13th day of December, 2002. dI~A ** TX CONFIRMA, .~M REPORT ** AS OF DEC 13 '02 1~ ~7 PAGE,01 CITY DF MERIDIAN DATE TIME TD~FRDM 24 12~13 16:18 3810160 25 12~13 16:19 PUELIC WORKS 26 12~13 16:20 12084664405 28 12~13 16=22 8841159 29 12~13 16=23 2088840744 30 12~13 16=24 2088467366 31 12~13 16'25 208 898 5501 32 12~13 16'26 LIBRARY MODE MIN/SEC PGS CMDI:! STATUS EC--S 00'38" 001 097 OK UF--S 00'16" 001 097 OK EC--S 00'26" 0el 097 OK EC--S 80'26" 001 097 OK EC--S 00'26" 001 097 OK EC--S 00'27" 001 097 OK EC--S 00'26" 001 097 OK EC--S 00'31" 001 097 OK MAYOR Roben D. Conic olfe;;di~h ~ ~ ~lD^HO ) 0"" litl~ o1,'(e, ~havl t-S/ L"GAI.. DEPARTMeNT (206) 288.24~~. I'll>< 28S-2501 PARKS & RECR"ATlON' (208888-3579' f:l;( 898.5501 PUBUC WORKS (208) 898.5500 'Fax 887.1297 ? !.tees e- cP 0%1:' t;;r 1I11J?-- (.> . CITY COUNCIL MEMBeRS Thrnmy deWeerd William 1. M. N:uy Cherie McCllIldress Keith Bird BUlLD1NG DEPARTMENT (208) 887-221l . I's~ 887.1297 PLANNING AND ZONING (208) 8&4-5533 . Fax 888-6854 NOTICE OF PRE.COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, December 17, 2002 at 5:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan - Presentation by Ada County Highway District for Overland Road Project - Executive Session regarding Emergency Communications Advisory Board per Idaho Code 9 67-2345 (1)(f) - Discussion of Mill Levy - Update on IT Software: - Discussion of Finance Report with Finance Department DATED this 13th day of December, 2002. dI~A ** TX CDNFIRI. IN REPORT ** RS OF DEC 13 '02 16, PAGE ,01 CITY OF MER1DIRN DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 01 12/13 16:27 920B3776449 EC--S 00'26" 001 097 OK (12 12/13 16:2e 20e 3ee 6924 EC--S (10'31" 001 097 OK 04 12/13 16:30 2088886854 EC--S 00'26" 001 097 OK 05 12/13 16'31 KEITH BIRD EC--S (1)'26" 001 097 OK 06 12/13 16:31 B950390 EC--5 00' 26" (1)1 097 OK 07 12/13 16:33 Laurel EC--5 00'27" 001 097 OK 08 12/13 16:34 208 387 6393 EC--S 00'26" 001 097 DK 09 12/13 16:34 ADA CTY DEVELMT G3--5 00'42" 001 097 OK 10 12/13 16:36 CHERIE MCCANDLE5 EC--S 00'31" 001 097 OK 11 12/13 16:37 CHERRY LANE EC--S 130'32" 001 097 OK 12 12/13 16:38 POST OFFICE EC--S 00'37" 001 097 OK 13 12/13 16:39 208 888 1983 G3--S 00'32" 001 097 OK 14 12/13 16:40 ID PRESS TRIBUNE EC--S 00'27" 001 097 OK 19 12/13 16=48 208 888 6700 EC--S 00'26" e01 097 OK MAYOR Robert D, Corrie ~ ~ /" CITY OF , ,!I '-/Viertdtan :/. \ ~_ IDAHO ! ~ crhce., :[~ tg/ LEGAL DEPARThleN"T (208) 288-2.499 - F.. 2S8-2S0r PARKS ,. RECREATION' (208 SS8-JS79 - p"x 89B-SSO! PUBLIC WORKS (20B) 898.5500 -I'." 887- [297 fJ/iu..st. 1>o?,.f.f;;(" ?v..,b.0 CITY COUNCIL MEMBERS Tammy deWeerd Willi:un L. M. NllI)' Cherie McCandle~~ J<dfu !lird BUILDING DePARlMENT (208) 8S7.2211 . F.. 687.[297 PLANNING AND ZONING (208) 8l\4.-5S33 - Fax 868-6854 ~ NOTICE OF PRE-COUNCIL MEE1:ING MERIDIAN CITY COUNCIl. NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on TueSday, December 17, 2002 at 5:0D P.M. The Meridian City Council will b8 discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan - Presentab'on by Ada County Highway District for Overland Road Project - Executive Session regarding Emergency Communications Advisory Board per Idaho Code 9 67~2345 (1)(1) - Discussion of Mill Levy - Update on fT Software: - Discussion of Finance Report with Finance Department DATED this 13th day of December, 2002. J~k: 5:00 p.m. 3. 5:30 p.m. 4. 5:50 p.m. 5. 6:15 p.m. 6. 6:35 p.m. 7. 6:50 p.m. 8. P Le. o..Se.. ?o~.t ~( '?lA__~ lie. rlv"h'ee., ~V;Cv~] ~S ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, December 17, 2002 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan: Presentation by Ada County Highway District for Overland Road Project: Executive Session regarding Emergency Communications Advisory Board per Idaho Code S 67-2345 (1)(f): Discussion of Mill Levy: Update on IT Software: Discussion of Finance Report with Finance Department: Meridian City Council Agenda - December 17,2002 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. ** TX CONFIRMATION REPORT ** 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 27 DATE TIME TO/FROM 12/13 15:58 3810160 12/13 15:59 PUBLIC WORKS 12/13 16:00 12084664405 12/13 16:01 8841159 12/13 16:02 2088840744 12/13 16:02 2088467366 12/13 16:03 208 898 5501 12/13 16:04 LIBRARY 12/13 16:05 92083776449 12/13 16:06 208 388 6924 12/13 16:07 2088886854 12/13 16:08 KEITH BIRD 12/13 16:08 8950390 12/13 16:10 Laurel 12/13 16:11 CHERIE MCCANDLES 12/13 16:12 CHERRY LANE 12/13 16:13 POST OFFICE 12/13 16:14 208 888 1983 12/13 16:15 Walter R Johnson 12/13 16:16 ID PRESS TRIBUNE 12/13 16:17 208 888 6700 12/13 16:21 208 387 6393 AS OF DEC 13 '02 16:27 PAGE. 01 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'29" 001 00'10" 001 00'21" 001 00'21" 001 00'20" 001 00'21" 001 00'19" 001 00'22" 001 00'19" 001 00'22" 001 00'20" 001 00' 19" 001 00'19" 001 00'21" 001 00'25" 001 00'22" 001 00'28" 001 00'28" 001 00'21" 001 00'20" 001 00'19" 001 00' 19" 001 CMDl:l 096 096 096 096 096 096 096 096 096 096 096 096 096 096 096 096 096 096 096 096 096 096 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ~------------~------------------------------------------------------------------------------ 2. 5:00 p.m. 3. 5:30 p.m. 4. P Lt 0. Se. (> 0 ~i: :h;( VL.c~ (j c... (lot) ~ -=lV?C<.,v ) f!:. ~ ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, December 17,2002 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Adoption of the Agenda: Bill Nary Keith Bird Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan: Presentation by Ada County Highway District for Overland Road Project: ** COMMUNICATIONS REPORT ** AS OF DEC 13 '02 16:27 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0030 SEND 000 11 ' 21 " RECEIVE 0004 RECEIVE 000 02' 46 " DRTE TIME TO/FROM MODE MIN/SEC PGS CMDt:t STRIUS 01 12/13 07:33 208 888 2882 G3--R 02'01" 003 094 OK 02 12/13 09:07 208 3238409 G3--R 00'45" 001 095 OK 03 12/13 15:58 3810160 EC--S 00'29" 001 096 OK 04 12/13 15:59 PUBLIC WORKS UF--S 00'10" 001 096 OK 05 12/13 16:00 12084664405 EC--S 00'21" 001 096 OK 06 12/13 16:01 8841159 EC--S 00'21" 001 096 m< 07 12/13 16:02 2088840744 EC--S 00'20" 001 096 OK 08 12/13 16:02 2088467366 EC--S 00'21" 001 096 OK 09 12/13 16:03 208 898 5501 EC--S 00'19" 001 096 OK 10 12/13 16:04 LIBRARY EC--S 00'22" 001 096 OK 11 12/13 16:05 92083776449 EC--S 00'19" 001 096 OK 12 12/13 16:06 208 388 6924 EC--S 00'22" 001 096 OK 13 12/13 16:07 2088886854 EC--S 00'20" 001 096 OK 14 12/13 16:08 KEITH BIRD EC--S 00' 19" 001 096 OK 15 12/13 16:08 8950390 EC--S 00'19" 001 096 OK 16 12/13 16:10 Laurel EC--S 00'21" 001 096 OK 17 12/13 16:11 CHERIE MCCANDLES EC--S 00'25" 001 096 OK 18 12/13 16:12 CHERRY LANE EC--S 00'22" 001 096 OK 19 12/13 16:13 POST OFFICE EC--S 00'28" 001 096 OK 20 12/13 16:14 208 888 1983 G3--S 00'28" 001 096 OK 21 12/13 16:15 Walter R Johnson EC--S 00'21" 001 096 OK 22 12/13 16:16 ID PRESS TRIBUNE EC--S 00'20" 001 096 OK 23 12/13 16:17 208 888 6700 EC--S 00'19" 001 096 OK 24 12/13 16:18 3810160 EC--S 00'38" 001 097 OK 25 12/13 16:19 PUBLIC WORKS UF--S 00'16" 001 097 OK 26 12/13 16:20 12084664405 EC--S 00'26" 001 097 OK 27 12/13 16:21 208 387 6393 EC--S 00'19" 001 096 OK 28 12/13 16:22 8841159 EC--S 00'26" 001 097 OK 29 12/13 16:23 2088840744 EC--S 00'26" 001 097 OK 30 12/13 16:24 2088467366 EC--S 00'27" 001 097 OK 31 12/13 16:25 208 898 5501 EC--S 00'26" 001 097 OK 32 12/13 16:26 LIBRARY EC--S 00'31" 001 097 OK ** TX CONF [RMAT! UI~ REPORT ** ( AS OF DEC 13 '02 lo:29 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 03 12/13 16:29 ADA CTY DElJELMT ----5 00'00" 000 096 BUSY THIS DOCUMENT IS STILL IN MEMORY 5:00 p.m. 3. 5:30 p.m. 4. 5:50 p.m. 5. 6:15 p.m. 6. 6:35 p.m. 7. 6:50 p.m. 8. ?lt~se. 7o~-t :h>( VlA.~Ut.. (lv""'ee.,.:{hCvtlf::S ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, December 17, 2002 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: _ TammydeWeerd Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan: Presentation by Ada County Highway District for Overland Road Project: Executive Session regarding Emergency 'Communications Advisory Board per Idaho Code fi 67-2345 (1)(f): Discussion of Mill Levy: Update on IT Software: Discussion of Finance Report with Finance Department: MoridiGill City Ca=i1 Agtndn- Docemb~ 17, 2002 Pogc 1 of 1 All m&1ui4b proacrocd III public moel!Dga sholl boc.om. pn>pcrIy oftflc City of Meridian. Anyoao defiling llCcommodolion~di::a.biliti<:s I'lllult.d to doallllenl1 andIorhoaring:i pl<l45H'Onlacl tbo city Cloric'. 0000111 88e.4433 ..I1:ast 48 hours prWno tho public meeting. MAYOR Robert D. Corrie "fl1 " clfe~;d/;ii'~ ;\ 'J .)., IDAHO ) ~0. . V SIMC~ J 1903 LEGAL DEPARTMENT (208) 288.2499 . Fal( 288-2501 PARKS & RECREATION (208 888-3579 0 Fal( 898-550 I PUBLIC WORKS (208) 898-5500 oFal( 887-1297 BUILDING DEPARTMENT (208) 887-2211 0 Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PREMCOUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, December 17, 2002 at 5:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan - Presentation by Ada County Highway District for Overland Road Project - Executive Session regarding Emergency Communications Advisory Board per Idaho Code S 67-2345 (1)(f) - Discussion of Mill Levy - Update on IT Software: - Discussion of Finance Reporl with Finance Department The Executive Session is closed to the public; however, the public is \\11111111101/ \\\\ M' /1// ".\' -{ Of cRID 1111 welcome to attend the remainder of the meeting. ~:~''(j ~PO.b~ ~;/'l.-;.. ~ _.....cP 'V'i~_ ~ ~ ~ 'X) S. - - - ~ ~ ~ - - - - DATED this 131h day of December, 2002. JI~A 131 132 03 e4 135 135 e7 138 139 5:00 p.m. 3. 5:30 p.m_ 4. 5:50 p.m. 5. 6:15 p.m. 6. 6:35 p.m. 7. 6:50 p.m. 8. ** TX CONFIR~ IN REPORT ** AS OF DEC 18 'e2 1~.j5 PAGE. 131 CITY OF MERIDIAN DATE TIME TD/FROM 12/18 12:19 2138 387 6393 12/18 12:213 ADA CTY DEVELMT 12/18 12:21 CHERRY LANE 12/18 12:22 POST OFFICE 12/18 12:23 2138 888 1983 12/18 12:24 ID PRESS TRIBUNE 12/18 12:28 381131613 12/18 12:31 2138 888 671313 12/18 12:34 2e88467365 MDDE EC--S G3--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S MIN/SEC PGS 130' 21" Bel 00'413" B01 1313'24" 1301 00'313" 1301 1313'29" 0131 13e'22" eel 1313'313" 1301 1313'21" eel 00'21" 13ell CMDl:l 155 156 156 156 156 156 156 156 156 STATUS OK OK DK DK OK OK OK OK OK CITY OF MERIDIAN PRE--COUNCIL MEETING AGENDA Tuesday, December 17, 2002 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: arriv.e( IE 5': G"5 (J/?1.- ~ Tammy de Weerd ---.K.- Bill Nary .f!.t,ht @ b/J't7j?;,-./ --K-- Cherie McCandless ---X- Keith Bird L.. Mayor Robert Corrie 2. Adoption of the Agenda: a/),Pr-cv<..- Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan: flY'.zJin-f~d.,. Presentation by Ada County Highway District for Overland Road Project: jJY(J"~"'fc~ Executive Session regarding EmergGncy Communications Advisory Board per Idaho Code ~ 67w2345 (1)(f): I't<> dedf/cnv.r ........d..:... f11A!fPI- tv;;1 .reput ..eRHev Discussion of Mill LeVY:aEfca.rr ('Oh-l""';~ Update on IT Software: ,f'-htc:;t. /<'. i?.<,Pi'tu'J.....ed- t?i:'prl.'.r.r /?,-.:z"fr-iJ(" .IOHwdl-e- Discussion of Finance Report with Finance Department: J*~ Ie;.. j?7'€'o?A--ret:f- Morio;"" Ci\y CQIllleil A&""d> . D.."",b..-17. 2002 Yago ] or I Al! IJllIl<1ia!. prcDcnlcd III public "letting< .hr.U be...m. proporty oflhB city oI'M.ndian. M\I"rn: dc:<iring =nu:nQt\:!liOll fll'r lli""bilitl.s ..lalIldlQ dOCUlllOIllS andlor he,lIings pi.... conta.t the City Clak'. Offi'eo! 888.<\4)).1 f= ~S h""" J'Tiorto Ihe puhti<: maorJnl} 22 23 24 25 26 27 28 29 30 31 32 *,* TX CONF I R, . ON REPORT *'>1< DRTE TIME TO/FROM 12/18 12:09 PUBLIC WORKS 12/18 12'09 12084664405 12/1B 12'10 8841159 12/18 12:11 2088840744 12/18 12:12 208898 5501 12/1812:13 LIBRARY 12/18 12:14 IDAHD STATESMAN 12/18 12:15 208 3B8 6924 12/18 12:16 2088B86854 12/18 12:17 8950390 12/1B 12:18 Laurel ( AS OF DEC 18 '02 1~.8 PAGE. 01 CITY OF MERIDIAN MODE UF--S EC--S EC--S EC--S EC--S EC--5 EC--S EC--S EC--S EC--S EC--S MIWSEC PGS 00'12" eel 130'22" 1301 00'22" 10(31 013' 21" alil1 00'21" 0(31 00'25" 1001 00'21" 001 013'24" 001 013'21" 001 00'21" eel 1313'22" 001 CITY OF MERIDIAN CMDll 156 156 156 15!:. 156 156 156 156 156 156 156 STRTUS OK OK OK OK OK DK OK DK OK OK DK PRE-COUNCIL MEETING AGENDA Tuesday, December 17, 2002 at 5:00 p.m. City Council Chambers 1. RoU-call Attendance: t<Hiv<f( e .7:~5frn- -'L- Tammy de Weerd ~ Bill Nary ~ r.? G; 10 ~h--' -X- Cherie McCandless -X- Keith Bird -K- Mayor Robert Corrie 2. Adoption ofthe Agenda: 4//proV'-C- 5:00 p.m. 3. 5:30 p.m_ 4. 5:50 p.m. 5. 6:15 p.m. 6. 6:35 p.m. 7. 6:50 p.m. 8. Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan: pyzJP;....f~d-- Prasentation by Ada County Highway District for Overland Road Project: /;)n:J~",fcd/ Executive Session regarding Emergency Communications Advisory Board per Idaho Code ~ 67-2345 (1)(f): M r;Uc/j/<F>->,S"' ,."..<4,. f11Aflt91-- tv;!1 Jl;... d' .-t'eH&v Discussion of Mill Levy:tZ/' Tctl./f ('/1""""""; ~ Update on JT Software: ,f'-hr.c,/-- /<'. r?.<;U~"J..A!d., C?i:,aru.r /?t-a-,'-,.-iK' JPI-hv"'I^e.. Discussion of Finance Report with Finance Department: .)*~ /c.'l'rer.e",red... ~fmdi... City C""".i1 i\60:n.d0. . D..omb<< )1. 2002 l'b!i" ) or I All mol<1iaJ. f':..onlcd ot public -"'"'S. .1Ia1l be"""," property of1he City of Metid;"" Anyooedoo,nng """.ounodoiionfor w$.\biliti4. rol&lOdto <l6culllOll1S und/Of hOllri"tS pl..'..Onbellh. Cuy Cleri('. Olli.. of 288-4433 Zll= 45 hOIlnl f"iottGtIl. puhlie: m"<tint- January 10,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT January 14, 2003 ITEM NO. 3--/L REQUEST Approve minutes of December 17, 2002 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: ~.-v SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: \ \ INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian, 5:00 p.m. 3. 5:30 p.m. 4. 5:50 p.m. 5. 6:15 p.m. 6. 6:35 p.m. 7. 6:50 p.m. 8. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, December 17, 2002 at 5:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd -- X Bill Nary -- (arrived at 5:55 p.m.) (left at 6:30 p.m.) X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan: Presented Presentation by Ada County Highway District for Overland Road Project: Presented Executive Session regarding Emergency Communications Advisory Board per Idaho Code ~ 67-2345 (1)(f): No Decisions Made - Mayor will send letter Discussion of Mill Levy: Discuss Committee Update on IT Software: Stacy K. explained Express Matrix Software Discussion of Finance Report with Finance Department: Stacy K. presented report Meridian City Council Agenda - December 17,2002 Page I of I An materials presented at public meetings shan become property of the City of Meridian. Anyone desiring aceommodation 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, Meridian City Pre-Council Meetina Decem ber 17. 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, December 17,2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Bill Nary, Keith Bird, and Cherie McCandless. Members Absent: Tammy de Weerd. Others Present: Gary Smith, Brad Hawkins-Clark, Bill Nichols, Brad Watson, and Will Berg. Item 1. Roll-call Attendance: o X Tammy de Weerd Cherie McCandless X X Bill Nary X Keith Bird Mayor Robert Corrie Corrie: (Inaudible) City Council Chambers and we would like to have roll call attendance please (inaudible). (Inaudible, tape cuts out) Item 2. Adoption of the Agenda: Corrie: (Inaudible) all of those in favor say aye. All ayes motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Discussion with Jon and Mike Wardle regarding the North Meridian Area Plan: Corrie: Item Number 3 now is the discussion with Jon and Mike Wardle regarding the North Meridian Area Plan. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Before we get to Mr. Wardle I just wanted to let you know and the Council know that I need to leave at about 6:00 and so hopefUlly we can get through all of Mr. Wardle's discussion by then. I need to go to my regular employment because they have a personnel issue to discuss and then I will be back for the Regular Council Meeting. Corrie: Thank you. Wardle: Mr. Mayor, Members of the Council, actually I believe I have a 20 minute allotment on your agenda so I don't plan to take a lot of time unless you Meridian City Pre-Council Meeting December 17, 2002 Page 2 of 19 grill me extensively with your questions. I gave Jonathan the week off so he's in Utah with his wife so it's kind of a strange twist of fate. You received copies and I hope you have your copies of the document that we submitted on the 20th of November. Just a brief - I want to really provide more opportunity for some questions that hopefully you've had a chance to formulate. This effort really started 18 months ago under the leadership of the Mayor and Council with the development community. Leadership in that particular group essentially with David Turnbull at the helm and I just wanted to note that Mr. Turnbull isn't here this evening. His father's funeral was yesterday in Idaho Falls so he's continuing to take care of some family responsibilities there. It was an effort that was initiated to address a number of issues. I suspect first and foremost was transportation but I really want to start and talk about the issues that are most pertinent to the city. Let's just - I won't go in particular detail but just to put this on for the reference. Why don't we bring that maybe (inaudible)? Nary: We'll put this right in front of you here. Wardle: The primary issues that we were dealing with specifically to the city's concerns and interests obviously were those related to the land use, community facilities and services, your urban service planning issues which I believe is on your agenda a bit later this evening. The November 15th map that was in the document that you received essentially was the third iteration of a map that was first presented to the entire stakeholder group on January 4th of this year. The concept was introduced as a result of a number of workshops for a four tier hierarchy of mixed-use elements commencing with the village of the most locals (inaudible), neighborhood, community and regional. The plan was modified somewhat in June of this year when we presented a draft document to the entire stakeholder group and that was dated June 6th. The change that has occurred here is that we've updated a few of the park sites in fact we added park sites that were not in that original concept as a result of actions taken by the Council in the Comprehensive Planning effort in May. We also then added in pathway systems that were part of the adopted Comprehensive Plan. The only other significant change that occurred from the June 6th draft to this document was we scrapped a section that was prepared at that time that dealt with essentially kind of a total redo of the entire Zoning Ordinance concept and backed away because our feeling was as we dealt with the task force groups. Including your own staff and others from the County Planning and development community that the process that you have in place through the Planned Development option the developers have frankly works reasonably well. That ordinance was not long ago updated by the Council so we took a different path. We looked at it strictly from the perspective of how can we provide an incentive. That incentive became Section C of this document (inaudible) titled the North Meridian Neighborhood Residential Provisions and it's an alternative code or a traditional neighborhood development code. Now that would be an item that would have to be adopted by the City Council in order for somebody to physically use it. The intent was if a developer wants to go to a more new urban type development this would be maybe not on the largest scale of development but quite often some smaller parcels and certainly infil!. Then they could avoid the step of going through the Conditional Use Plan Development process if they strictly adhere to the standards of that Meridian City Pre-Council Meeting December 17. 2002 Page 3 of 19 particular code. It actually has setback standards, it has size standards, and it has even some street standard proposals, That was really probably the most significant change and if it was intended to be an incentive option to a developer instead of, going through the Planned Development process it doesn't mean frankly, that a developer could still use that basic philosophy. We did it a little bit in Heritage Commons that you approved earlier this year. We've done it extensively in a project that was just submitted this last week under the name of Paramount, the former Keltic Heights. That project incorporates - let me, I'm going to just pull it out (inaudible). I did want to point out that even through the Planned Development process you could accomplish many of the same things by developing a totally connected community with spaced open areas that provide access to the community. Frankly, in this particular case we've kind of put the elementary school as close to the heart of this project so that it encourages access without Number 1 losing the identity of a school but it also means that children can get to that hopefully, more in the pedestrian mode than having to be transported to some remote location in that section. In addition, all of the services proposed in within this entire section are accessible. I simply want to point out that we can accomplish the same thing through well-designed Planned Development projects but we can provide an incentive for someone to do it in a new urbanistic mode by giving them an option to avoid that process if they adhere to standards that the city would be expected to adopt. The city and your adoption of the Comprehensive Plan actually included three of the land use elements that we had been working on in the mixed-use and those were the neighborhood community and regional mixed-use classifications, Those are already in your Comprehensive Plan. We are proposing that you add to that plan the so called village mixed-use and then look at the entire set of standards for all of the mixed-use elements to be certain that the hierarchy functions in accordance with the city's own desires. All of the other issues, policies and recommendations are essentially the same as you saw early in the year and in June with the exception of the parks. Again, we've identified the locations but we don't have - and I guess I'm somewhat ignorant in that sense. I don't really know what update efforts have been undertaken to complete the adoption of a park facilities plan. That's certainly an element that problem needs to be factored in somewhere down the line. In summary, as far as the city's' perspectives are concerned I think we've addressed the issues. I think we've provided some concepts and alternatives that hopefully will improve the quality of development in North Meridian but we've also provided a mechanism to encourage people to do that. Now the other major issue and it's unresolved. If you read carefully, the document you saw that there was a Section D. Section D started to deal with the transportation issues that were the genesis frankly, for the entire effort. I want to give you copies of testimony that was provided to the ACHD Commission on the 18th of November. This relates to the question of the recently adopted Capital Improvements Plan that the Ada County Highway District has formulated. What we found through that process and members of the ACHD staff are here tonight and my intent is not to really engage in discussion but this is testimony that's on the record and verbalized in a discussion on the 18th of November with Mr. Wynkoop to some extent. The fact is that under the adopted Capital Improvements Plan ACHD, essentially used the COMPASS model that was based on old information. That old information was what was existent before the Meridian City Pre-Council Meeting December 17, 2002 Page 4 of 19 applications came into the city and to the county early last year that caused ACHD first to do a six-mile traffic study and then a 12-mHe traffic study. That led then to some numbers in the range of 15,900 new home sites that were projected by the Washington Group Transportation Plan or study. That was the thing that actually provoked this effort. That information did not make its way into the Capital improvements Planning process. The old COMPASS numbers were used but said that there would only be about a quarter of those dwellings over the 20 period actually to 20, 25. The numbers were not used in formulating the impacts. If you look at the adopted Comprehensive Plan that's - it actually projects by the year 2025, the improvement of McMillan Road to Eagle Road, well excuse me from Meridian Road easterly to Eagle Road this would go to a three lane facility between Meridian, Locust Grove and five lanes from Locust Grove to Eagle Road. Then the McMillan Linder Intersection is the only projects identified in the Capital Improvements Plan adopted by ACHD as requiring capacity enhancements, My point in Section D of this document and this testimony was to say we need to go back to COMPASS, we need to reconcile the numbers whether Washington Group is accurate in saying that it would build out in 20 years or whether there's some other set of numbers we need to get the accurate numbers. We need to project those numbers and then make the determination because we've already done a basic analysis of that showed that there is over the long haul funding sources to take care of the infrastructure improvements. We need to have the individual - excuse me the impact fee structure based on the expected growth and not the old outdated COMPASS number. I didn't come with intent to put a bad mouth on anybody except I simply noted in - and let me take you to Page, it would be E-S-3 and that's right at the very beginning of the document the executive summary. E-S-3 is the action checklist. The things that are identified that would be required by the various agencies and of course with regard to the City of Meridian it would be to consider amending the Comprehensive Plan with the Land Use Map that's been proposed, [t would include the addition of a village mixed-use designation to go along with the neighborhood, community, and regional designations. To adopt a traditional neighborhood or TND code as an alternate incentive to developers to bypass the Planned Development process to give you a quality product as well. To develop a Capital Improvements Plan program for funding of community facilities and of course that goes into even the elements of your parks, your fire stations and alike. Then the last item of course relates specifically to that Park Plan. With regard to ACHD and COMPASS, it would be expected that the Capital Improvements Plan would be based on growth projections that would be representative of an updated development scenario. Now ACHD has provided the second item, which is a construction cost update for the phasing and funding of those system improvements. We did not factor that in at that point because their Capital Improvements Plan did not incorporate that information. We would also have made a recommendation frankly for more than a year that the North Meridian System Improvement Projects, these arterial roadways, and intersections to be impact fee eligible. Well it's interesting in the adopted CIP that the improvements that they identify on Ten Mile Road from Ustick to Chinden they are in the CI P but they aren't identified as impact fee eligible because there's not a capacity problem under the projections of the COMPASS model as it exists today. I think we have a conflict that needs to be addressed Meridian City Pre-Council Meeting December 17, 2002 Page 5 of 19 and so from the COMPASS perspective we need to look at and revise the North Meridian growth projections. Frankly, it's not just North Meridian it's the growth projections period because the same issues are confronting all of the agencies and even the city south of the freeway. Then we need to consider the reallocation of the transportation funding to match those growth projections wherever that model takes us. The last item there is to designate Black Cat Road as we've talked before as the principle connection from Highway 16 down to a line eventually with the Ten Mile Interchange at 1-84. That's all that I really came prepared to discuss Mr. Mayor. I would be happy to answer questions but the next step is to put out a request for a meeting for all of the stakeholder individuals, conduct that meeting and get COMPASS, Ada County, ACHD and you folks at the table together. I would be happy to answer any questions. Corrie: Any questions. Bird: I have none. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Mr. Wardle maybe you could comment a little bit. One of the things that's been concerning to us is some of the recent projects. I think one of our discussions has been is that we have lost site of this plan. In looking through the document, I think you tried very adorably, to sort of (inaudible) what we haven't approved, what is sort of the drawing board as well as trying to stick with the original concepts. Do you have any comment as to how that's going? I guess that's always been our concern is are we just forgetting the site of this plan and (inaudible) we're trying to accomplish on one hand that all these projects that keep coming and that we have approved have we sort of lost a lot of what the Concept Plan was to begin with? Wardle: Well Mr. Mayor, Mr. Nary I don't think you've actually lost the opportunity. The entire process that we're involved in is always in flux. It doesn't make any difference where you are at any point in time something is happening but it goes back to a question that Commissioner Wynkoop asked about, well are we too late to deal with the infrastructure issues in Meridian. My point was no because even the projects that have been approved nothing is started in Lochsa. Bridgetower is still very early in the process so the question that he asked was, well can we get these things reasonably into the Capital Improvements Plan and make our plans early enough to deal with them certainly. Absolutely because even a year from now if it took us a year to get all of these things tweaked you're still going to have a ton of vacant land out there and very few of these projects will have more than maybe just the first phase or two. We're clearly not beyond the opportunity. I would also believe that since the market forces sometimes change projects after they are initiated that you could see some efforts for some of these developers to come back and say you know we would like to take advantage for instance of some of these concepts that came at the same time that they were doing their planning which was kind of the more traditional or Meridian City Pre-Council Meeting December 17, 2002 Page 6 of 19 conventional subdivision development effort. I don't think we're beyond any opportunity at all. There's a lot of consideration that this Council's going to have to deal with on it and I acknowledge that you're going to face because you've got a lot of issues that you have to deal with on a regular basis anyway. This is going to add a bit. Well I appreciate your time and we'll put out a call for the meeting with all of the stakeholders sometime early in January. Thank you. Bird: Thank you. Corrie: Thank you very much we appreciate it. Item 4. Presentation by Ada County Highway District for Overland Road Project: Corrie: Okay we're on Item Number 4, which is a presentation by ACHD for Overland Road Project so Mr. Sales. Sale: Good afternoon Mr. Mayor, Members of the Council. You've all been good boys and girls this year and so you're going to get something tonight from that old (inaudible) man with a white beard. Unfortunately, my other suit is still at the cleaners and had a lot of soot on it from last year. This is the first time that we've been through this and I'm guided tonight by Mr. Craig Contana that I think you've all met. He provides my adult supervision tonight. You're aware we've begun our Overland Road reconstruction project with our contractor Idaho Sand and Gravel Company. The project was begun on December first. Total cost is a little over 4.7 million dollars and it will involve Overland Road from Meridian Road to 800 feet east of Eagle Road, slightly over a two-mile length of road. Resulting road will be a five-lane road, 72 feet wide with two left turn lanes on Overland Road at each of the major intersections of Locust Grove and Eagle Road. They scheduled a completion date of fall of next year almost this year with the - this is what the road would look like superimposed on an aerial photograph. Those are striped travel lanes and a two way left turn lane in the middle. Unfortunately the vehicles using the road today don't quite match the way it will be in the ultimate. The first phase of the project is underway and it includes the reconstruction of two minor bridges. The first one is under construction right there by Meridian Road as we speak. The second one is about half way to Locust Grove Road and then the pipe (inaudible) for hunter lateral. That project began in earnest this week and is scheduled for completion on March 1 ih of this year. Phase two is reconstruction of the Eagle Road intersection that will begin following the irrigation work, irrigation and drainage relocation work and it will be constructed by August of 2003. Phase three is the segment from Locust Grove Road including the Locust Grove intersection through the Eagle Road intersection and also scheduled for completion prior to the opening of the new Mountain View High School in August. Phase four will be the portion of the project from Locust Grove on west to Meridian Road and that will be constructed there, completed a little bit later than August. We are asking for a completion date of September 30th but the weather always seems to interfere with completion dates so we are just saying fall of next year. (Inaudible) those are - there will be no road closures during this initial phase but traffic may have to be rerouted going to gravel Meridian City Pre-Council Meeting December 17, 2002 Page 7 of 19 detours for up to a couple of days at a time as concrete as setting and that sort of thing. The intersection of Eagle Road and Overland Road will look like this when it's completed. These are the lane configuration actually the next light is going to show it a Iitt[e more graphically but we have two left turn lanes on each leg of the intersection and then a right turn lane an additional right lane on the southbound leg and the west bound leg. As I said earlier this is scheduled to begin in March and be completed by August. The contractor is required to maintain one paved lane through the intersection in each direction at all times and he also has to maintain the traffic signal in operation at all times. I'm supposed to (inaudible) that with - except for unusual unique circumstances he's required to do that but that's an important contract and or intersection and we don't want to restrict it any more then we have to. After the 1 yth of June he's not to restrict the travel lanes during the peak travel hours. Phase three will be the section from Locust Grove to 800 east of Eagle Road. Also scheduled to begin in March and be completed by August. In this section we are allowing the contractor to eliminate the paved road, maintain access to the local property to businesses and the school construction traffic and encourage through traffic to use Victory or Franklin Road to get them out of the way of the contractor and try to help him meet that schedule of August for completion. That is in observance of the anticipated getting close to the opening of school so he's not allowed to restrict through lanes between those hours after the first of August. We are going to allow him to convert Overland Road Locust Grove Intersection to a four way stop. So that will allow traffic from the south and whatever traffic there is from the north side to get into the road and get it going either way they want to. This will show the turn lanes just as the previous one did for Eagle Road, while we are here I'm going to offer the contractor will be having their bi weekly construction progress meetings the first and third Tuesdays of each month at ten 0' clock and they'll occur at our construction shack at this intersection and if you want to drop in and see what the progress is or what the construction activity is going to be for the next two weeks after those meetings you are obviously welcome to do so. By the way the city is installing, replacing some of your utilities in this road under the same contract with an agreement with the Highway District and that's going to be on going through much of the project. The last phase will be the section from Meridian Road to Locust Grove Road and it will be completed after the section from Locust Grove to Eagle. In this section because of the number of businesses and the number of streets that intersect the Overland Road we are allowing, we are not discouraging traffic from using the road or requiring the contractor to maintain one paved lane in each direction and you'll have to reduce that to one lane with flagger's sometimes but there is always going to be two paved lanes on this segment of roadway there'll be some times when they will be installing pipes and services across the road but there will be a trench to cross but by and large that will be a fairly good road to travel on so I indicated before our contractor is Idaho Sand and Gravel Company. These are the phases that you'll see superimposed on each other while I'm talking about the contractor. We are glad to have the contract with Idaho Sand and Gravel. They just completed a project for us over in Boise, they completed the Federal Way project from the family shopping center there Zamzow's out to Lake Forest Road. They worked very well with the local property owners. I attended several of their project meetings which they held there every week. But attendance dropped off to the point that nobody was Meridian City Pre-Council Meeting December 17, 2002 Page 8 of 19 going to their meetings so they are going to back off to every other week. But we are pleased with their-- (Inaudible, tape cuts out) Sale: Thanks for asking that, didn't mean to mislead you. Bird: Mr. Mayor, Corrie: Mr. Bird. Bird: I also, Larry had a -- I think on the phase there between Eagle and Locust Grove. He's going to restrict traffic up until August 1st. Sale: We are going to restrict through traffic for the duration of the project until it's paid. There were some specific hours in there that related to the operation of the school. Bird: But the problem is, is you've got a school that's completing out in July and you have a lot of contractors and vehicles going down through there to and that's the only entrance they got. Sale: That access will be unrestricted. Bird: Unrestricted okay. Sale: They, any owner along the road and specifically the construction traffic for the school will be, there will be no restriction on their use of the road. They won't be traveling on pavement in that section but they will be able to get to the school at all times, Bird: Okay, that was my main concern. Sale: The lane restriction had to do with after the school gets - well do be honest I'm not sure why the August 1st date was chosen because the school will obviously open after that but perhaps that's the date that was important to the school. Bird: Well yes, because you start your athletics at that time. Sale: That could be. Bird: You start your fall sports at that time. Sale: But they will be able to get there. I left a CD with Will that you can run that if you'd like for any reason. Bird: Very nice presentation Larry, I appreciate it. Meridian City Pre-Council Meeting December 17,2002 Page 9 of 19 Sale: Thank you. Corrie: Thank you. Item 5. Executive Session regarding Emergency Communications Advisory Board per Idaho Code 9 67-2345 (1 )(f): Corrie: Item Number 5 is Executive Session regarding Emergency Communications Advisory Board per Idaho Code 67-2345 (1) subsection (f). At this time I will entertain a motion to go into Executive Session according to the agenda. Nary: Mr. Mayor, Corrie: Mr. Nary. Nary: I move that we enter Executive Session under Idaho Code 67-2345 subsection (1) (f). Bird: Second. Corrie: Okay motion has been made and seconded any further discussion? Hearing none. Roll call vote Mr. Berg. Roll Call Vote: Nary, aye; Bird, aye; McCandless, aye; De Weerd, absent. Corrie: Okay all ayes go into Executive Session. (Enter Executive Session at 5:40) (Come out of Executive Session) Corrie: I will entertain a motion to come out of Executive Session. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd move that we would come out of the Executive Session. McCandless: Second. Corrie: Motion has been made and seconded to come out of the Executive Session. All those in favor say aye. All ayes motion carried. Let the record show that no decisions were made in Executive Session. However, I will entertain a motion to send a letter to the Commissioners in reference to ECAD. Bird: Mr. Mayor. Meridian City Pre-Council Meeting December 17, 2002 Page 10 of 19 Corrie: Mr. Bird. Bird: I would move that you draft a letter sign it with the Councils consent regarding the points on the ECAD dispatch system, as was asked. McCandless: Second that. Corrie: Okay. Motion has been made and seconded. Bird: I'll go the points if you want, or you can do it. Corrie: The three points are affirmed of the support of their reactivation of the PRC CAD system. Request that the reactivation of the PRC CAD system be online and operation as soon as possible (inaudible) and preferably before the end of the month. Also to provide that acknowledgment that only 175,000 dollars of funding has been (inaudible) of this effort and also when money is available and at the City Council has not approved any for their spending other then the 175,000 dollars. Motion has been made and seconded any further discussion? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Just for the record that I am here so when I vote. Corrie: Yes and also for the record Mr, Nary had to leave right after the Executive Session so any further discussion? Thank you for being here, it makes it a three quorum anyway. All those in favor of the motion say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Corrie: Thank you. Item 6. Discussion of Mill Levy: Corrie: Item Number 6 is discussion on the Mill Levy. Anybody have any ideas on what we want to do on that yet. Or have we had a chance to really think about it, any committees or any people that's involved. Or do you want to study a little further. I know that we want to do a City Hall within a period of time so that might have some effect on the Mill Levy. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I would propose that we bring a list of names to the first meeting in January and then ask for Council approval at that time. In addition to examining, Meridian City Pre-Council Meeting December 17, 2002 Page 11 of 19 our budget and the current Mill Levy if the Committee would have an additional look at a new City Hall and funding options for that as well. Corrie: Okay. De Weerd: That would be my proposal. Corrie: That's a good one any other comments? That would be January 7, 2003. Does all the Council seem to think that's going to be good? Bird: Fine with me. Corrie: We will do that and have the lists of names of people that would like to be on the Committee and also on the City Hall possibility. Berg: Mr. Mayor. I asked just if you got that information that I had on your chairs or your desk concerning the dates you can have special elections and just some State Statutes that talks about what the Mill Levy adjustment, what you can do. Thanks. Corrie: Thank you Will that was good. Thank you for the dinner sandwiches tonight. That was good too. De Weerd: So Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: It looks like per State Code we can have a Mill Levy Election four different times during the year. I guess it was discussed at our last meeting - the question was raised as far as when would those be collected. The preference of Council was we would like to do it during regular elections so that the people that come out to vote for the candidates would also be voting on - if the recommendation from this Committee was to pursue an increase for the Mill Levy that we should run it in November unless there were certain ramifications on when we could collect the new Mil] Levy if we pursue this. I believe that was the lingering at our last meeting. Corrie: ] remember that too and maybe I'll get with the AIC Director, Ken Hayward and see what the ramifications at the time will be and I will have a meeting with him Thursday and I can get it back to you -- that form to let you know. I don't know. Do you know Will for sure? I know he was telling me about some time if he did it in March, you can do it in November you can get started the next year. How it gets on the tax rolls but I will find that out Thursday and I'll write it up and get it in your boxes because I don't know. Do you Keith? Bird: Mr. Mayor, I don't think there is any way regardless of what time you have that you are going to get that existing year, because of the tax rolls and the way they are done. I believe - ] don't know whether it was through Jerry Mason or somebody at one of the AIC deals, you know if you pass it in 2004. You first are Meridian City Pre-Council Meeling December 17, 2002 Page 12 of 19 going to receive it in your 2005 taxes. I don't know but that's something you need to look into. De Weerd: So regardless of whether we put it out February, May, August or November, the tax consequences are all the same. Bird: That's the way I understood it Tammy. Some AIC thing that I was at, that was brought up and I could understand wrong, Corrie: Do you know Stacy? Kilchenmann: Mr. Mayor, Council. I think that Keith is right but I'm not sure. (Inaudible) De Weerd: Well as long as we have just confirmation of that when this committee would start and I think that would be (inaudible). Item 7. Update on IT Software: Corrie: Update on IT Software. Stacy. Kilchenmann: I'm not sure what this is in reference to the Express Software that we discussed. Is that what that is, I didn't put it on the agenda so I'm not sure what it is. Corrie: I think that's what it is. Kifchenmann: Okay. The Mayor had asked Terry and I, there was some concern that the purpose. We purchased this software called Express that the purpose was to sit and monitor what people were doing on their computers. Actually with Express Software is it's a computer software inventory system so that if you put it on you can look at each computer and see what software they have. Do they have Access, do they have PowerPoint, do they have Word, and you can also see how much hard drive memory is remaining. Like when I asked to replace computers in the budget process, I included printouts from that software to tell you that Anita's computer is crashing an abnormal amount of times, it only has 20 percent hard drive memory left, et cetera. That is the purpose of the hardware so Terry doesn't have to go out to each computer, sit down, log on and see what they have, see how much memory they have and it also tells us. Like I use Excel 100 percent of the time. Somebody might only use a computer to access it and get their email so I'm a higher end user. ***End Of Side One*** Kilchenmann: -- access it to get their email so they probably don't need as powerful of a computer. Or somebody like Anita who is constantly using Word, she uses a high amount of memory and needs a powerful computer, et cetera, There is no way possible in the city to monitor what people are doing on their computer because we don't have a central network so it's only not the purpose of Meridian City Pre-Council Meeting December 17, 2002 Page 13 of 19 it, it's physically not possible to do that. Are there any other questions about that softwa re? Bird: Mr. Mayor. Corrie: Mr, Bird: Bird: Stacy what is that software called? Kilchenmann: It's called Express. Bird: Express? Kilchenmann: We purchased it last year and he actually- Bird: You already purchased it? Kilchenmann: Yes we purchased it last year and we actually the Information Steering Committee, it was their idea and they saw three different demonstrations and they chose this one. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess how I understood it is it was demo'd in your department and one other to see how it worked? Kilchenmann: It was actually demo'd in City Hall. De Weerd: Okay but the Committee has not specifically recommended going city wide with it. Kilchenmann: Yes they did. They actually recommended purchasing last year and it was purchased last year. De Weerd: To go citywide? Corrie: I just, with my meeting that it was not a big brother type thing. Bird: Yes I don't want that. Corrie: Because I was assured it was not. We made those arrangements that it's not and so consequently, it's for the inventory more then anything else. McCandless: Mr. Mayor, I think perhaps that should be publicized more then because there is a conception out there that it is a big brother. ( Meridian City Pre.Council Meeting December 17. 2002 Page 14 of 19 Kilchenmann: Actually the Mayor and I discussed that with the Information Services User Committee the ideas for those users to go back and report to their department but sometimes there is somebody on the Committee one month and they can't come the next month. The Mayor and I have decided that we will send the -- we are now taking minutes and we will send the minutes to the Department Heads so that they can spread that information and we will really emphasize that that's the purpose of the software. Like I said the software its really just an inventory system but I think we do have policies in place that are in our policy manual that Pauline put together about the proper use of computers and what they should be used for in the city. There really shouldn't be any worry on anyone's part that they would have to be concerned about. You know about if somebody sees what they are doing on their computer but like I said - McCandless: It wasn't necessarily a worry it was just a resentment of the fact that they could go in and look at everything. Kilchenmann: Yes and we can't do that, all we can look at is what software they have, it tells how many times a computer crashes and so forth. McCandless: I was just talking about the perception that I've heard about and I just think that ought to be killed. Kilchenmann: Yes we will do that. Corrie: I think most of it has already been established that we are getting out to the Department Heads. Kilchenmann: And if anyone is interested we can show you a demo of what actually the software is doing. De Weerd: Mr. Mayor. Corrie: Mrs, de Weerd. De Weerd: I guess I have one more question regarding IT. On the email default is that been taken care of that it kicks back to the sender that they got a wrong email address? Kilchenmann: Yes. I did have a question for all of you or maybe Will can answer this. You said you wanted Terry to go through your laptops that you are having some problems. I wasn't sure exactly, I think we were going to leave them at this meeting, is that correct Will? Leave them here so if there is anything specific you are having a problem with, if you can make a little note about it or something so he knows kind of what he is looking at and so forth. Then if you want to the first meeting you get them back he can come in the first 10 minutes if anybody has any questions or. Corrie: We can put a big X on hers. It must have a virus or something. Meridian City Pre-Council Meeting December 17, 2002 Page 15 of 19 Bird: I just want the City Code put on mine. Kilchenmann: Okay I remember that you wanted that and that you needed. Bird: I think we gave Will a list of what we wanted done. Corrie: Okay, good if you think of anything else just give it to Will. De Weerd: I have the City Code, I don't need. Bird: How did you get it? De Weerd: I'm special Keith. Bird: You must have been. Mine says City Code there but I can't get it to come up. De Weerd: I've always been able to get it. I know Bill can get his. McCandless: Bill has his up all the time. Berg: We will also try and get the Comprehensive Plan on there too. That's on disk. Kilchenmann: And we can, if you want it at home. It's easy to install on your home computers too. De Weerd: I have it on CD. (Inaudible) Corrie: Okay any other questions on IT? Item 8. Discussion of Finance Report with Finance Department: Corrie: Okay next on is discussion of Finance Report. Kilchenmann: Okay you have the November statements. We have two months of history now and so everything is on track, not a lot to talk about. The one thing if you look at MUBS we didn't get the November postage until today so that makes them look fight because their postage billing is fairly significant. I think everything else everybody got most of their November expenditures in on time. The interest rate keeps going down so hopefully that will turn around a couple of other things that I wanted to talk to you about and let you know what's going on with the audit. They are still doing fieldwork, he actually had the partner come out today which is unusual, and I think that's because some of the interest that Boise has generated. I think that is good because I think we are pretty squeaky clean and hopefully that is a good motivation to stay that way. He stayed a couple hours, left but it was nice to talk to him, and J actually had an opportunity Meridian City Pre-Council Meeting December 17, 2002 Page 16 of 19 while they were here to review the cash receipts policy and that's almost done. As soon as I can get somebody to help me with the typing I will stick that in your boxes for you to all look at and then I will probably put that on a January meeting. Once we get that done then we've got to big accounting procedures done and the rest of them should be smaller and easier to do. We talked a little bit in our staff meeting that we are going to start the next meeting we have in January about how we are going to do the budget this year because Tammy had requested some changes. If you could all brainstorm and send me any suggestions or ideas, I think basically we will use the same process and same forms and so forth but we will try to come to you with it, not just prioritized by department, by city. That was my understanding so we will be starting in January to get that done, so we get through the end of the year and then we start on the next year. Did anyone have any specific questions? Bird: I like your financial reports to us. I really do, Kilchenmann: Thank you, Corrie: Mrs. de Weerd. De Weerd: They are very comprehensive. In light of what's been going on in our State Capital City. I think some of what's been missed is they have a Finance Officer and I just wonder why that person is not being held accountable to some of this. I appreciate how you scrutinize the budget. I know you do but what are specifically are our checks and balances and you know how the accountability is built in so that we know, we aren't scrutinizing our budgets as closely as we did when I first stepped on to Council but we got you so what are the checks and balances we have in place? Kilchenmann: Mayor, Members of the Council. One important factor is I think the care we take in our budgeting process and so we are also reporting and comparing what was budgeted to what was actually spent. I think we are really sticklers for that which sometimes probably makes us not extremely popular. If somebody deviates from the item they were budgeted while we've had a couple items come up where people say, I got the money, capital is especially this happens. I got the money to do this but I said I'm not going to do that I'm going to do this and we are going to require that comes before you before we do that. I'll bring it and tell you why they want to do it and we will officially recognize it. Every month I go through every expenditure that every department makes and I'm looking for coding and I recode it to correct categories we kind of eliminated the idea of miscellaneous, the general expense category called operating and we make them code it specifically to what its for and I ask questions, a lot of questions. I think we have Department Heads in general responsible and understand the need for the accounting function but you know that doesn't guarantee that it's done, The second thing that I think is important besides the budget is adherence to policy. Number 1 having written policies, that's why I think we have made big steps in actually getting these things written and done and giving training on them. Once you have a policy, somebody has something to look at Number 1 because a lot of times people who are out purchasing they Meridian City Pre-Council Meeting December 17, 2002 Page 17 of 19 are not familiar with accounting. They are not a purchasing agent. Their boss said go down and get this, we need to do this and you can't really expect them to thoroughly understand that they have governmental purchasing so I think we have really tight well written documented policy we can prevent a lot of that from occurring. Review financial statement analysis where we look at not only every expenditure but you look at the broad picture, we take. For example with utility billings I don't just look at the current month but I'm doing a four-year comparison and if something looks funny I call Brad. Brad runs the gallons the usage and we look at it. Those are the kinds of things the auditors do at year-end when they do an analytical and I try to do that on a monthly basis so those are some of the things that we do. De Weerd: That's great. I just had one other question because all of this had come up if we have kind of a double-checking system for each department but we don't have it for the Mayors Department. Who signs for his stuff? Do you? You know I know a Council member doesn't so do you do that? Kilchenmann: Well most of his, he doesn't have any big line items in his budget. He generally doesn't have much capital so the only other thing would be is travel and I know we grill him on his credit card. We make him turn in receipts and make him explain where he went and why he went. I don't have the authority to sign off on that. Corrie: With that being said. I wouldn't object to having anyone or all of you check them on mine. In fact it would make me feel better but believe me accounting goes through that very quickly with me and we don't have any big things. The fact is sideline I had some television people come out here and talk to me and what I did and how we did it. They shook their heads and said we don't need to come here anymore, that's no story so they want to know if the Council knew if I was going some place. I said yes and they approved of it. If you would like to do something like that, you certainly have my blessing to do it. De Weerd: As long as it's done. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I took it upon myself as being in charge of the finance group this year but each Council Member will get a detailed printout monthly of their department which will take care of all this and the Mayors will be printed out too. You can look at it or I can look at it. It doesn't matter, somebody. Kilchenmann: We thought we'd just give each department your - and what it is, is a listing by vendor in account coding. Bird: I feel that the four of us are responsible for the money and you said about the Financial Director. Sure why isn't the blame being down on her. Why isn't the blame being put on the Council? Meridian City Pre-Council Meeting December 17, 2002 Page 18 of 19 McCandless: I wondered the same thing. Bird: If I was sitting on that Council I would be the one that would be worrying about the blame for not checking and you brought up a very good point. We used to go through when we first come on here. When I first came on, if it was a five-dollar item we looked at it and know we've given the (inaudible) and the people haven't abused it thank goodness, nor would they but each department will be getting a really fine line. Corrie: And I would suggest that mine be given to each one of the Council people to look at it. I don't have anything to hide. If anyone of them sees something that they don't like, lets talk about it. Kilchenmann: He actually has the smallest budget of everybody. Corrie: Outside of you guys I think. Kilchenmann: No they are bigger then you are now. Bird: My thought is you know and I told Stacy today. If she's something out of the ordinary and if its mine I'm the one who doesn't bring in a receipt or something, jump on my case and get it out there. Because that's what happens and its not intentional or anything else it was just something and that's why we have to be accountable. Kilchenmann: And one thing I've learned is State Government is kind of been through a revolutionary process years ago that created a group called the Yellow Book that created a lot of rules, regulations about financial reporting and it just takes one thing that can ruin careers and so. Corrie: What is that old saying. Nothing is deflated quicker then a ruined reputation. I don't think there is one of us that wants that so I think that's a good thing and applaud Mr. Bird for doing that. Again I would just make sure that mine goes to each one of the Council people so they can see it and you can report that Jonathan. I might say you do a good job and what we are doing here. Bird: No just a very good job Stacy, Corrie: Then Stacy if you don't then I get an email that says Mayor can you help me and then we get in to that. Kilchenmann: He does. De Weerd: Mr. Mayor I guess I have one more. In this report you have a section and I don't know if you can answer this but on vacant position. How are we doing on these vacant positions? Kilchenmann: Actually Human Resources is generating that report now and we are - Planning and Zoning are hiring their position so they are doing, I think Meridian City Pre-Council Meeling December 17, 2002 Page 19 of 19 everybody is on top of it and the only one that might be lagging is the Police Department, you know that continually has positions open. Bird: But he's doing his job. Corrie: I might make him Chief of Staff here pretty soon. Kilchenmann: I think his because he's actually establishing a register through a different testing system. His is not necessarily going to be as easy to fill, not that ours are easy to fill but the process isn't as much in house as ours are. De Weerd: Thank you. Corrie: Okay with that being the last on our Pre-Council Agenda I will entertain a motion to close the Pre-Council Agenda and meeting. Bird: So moved. McCandless: Second. Corrie: Okay motion has been made and second to close the Pre-Council Meeting any further discussion? All those in favor say aye. All ayes motion carried at 10 minutes to seven. We will recess to seven and then start the regular meeting at 7:00. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / 114-1 OJ DATE Y CLERK ~ ~ BEFORE THE MERIDIAN CITY COUNCIL C/C 10-08-02 IN THE MATTER OF THE ) APPLICATION OF FARWEST LLC ) AND DANIEL ,GIBSON, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 354.38 ACRES ) FOR PROPOSED LOCHSA FALLS ) SUBDIVISION, LOCATED SOUTH ) OF CHINDEN BL YD., WEST OF ) LINDER ROAD, NORTH OF ) McMILLAN ROAD AND EAST OF ) TEN MILE ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-02-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 24,2002 and continued until October 8,2002, at the hour of7:00 p.m., and Steve Siddoway of the Planning and Zoning Department, Mike Wardle, Wendell Bigham, Christie Richardson, and Becky Bowcutt, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9S 67-6509 and 67-6511, and Meridian City Code SS 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 thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 1 0) and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 354.38 acres in size, is located south of Chin den Blvd., west of Linder Road, north of McMillan Road and east ofTen Mile Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are Leroy E. Brandt, Elroy Brandt, Marty Goldsmith, Sunjay Ray M.D., Daniel Gibson, Jr., and Justin and Tamra Martin; and the applicants are Farwest, LLC and Daniel Gibson. 5. The property is presently zoned by Ada County as RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as R-4, with the intent to develop 856 single-family dwellings, 171 multiple-family dwellings, 11 office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station lot, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as primarily Single-Family Residential. 7. The subject property is bordered to the north by the Spurwing County Club and the Brandt Subdivision, to the south by the Bridgetower Subdivision, and to the east and west by rural residential land. 8. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONrnG/LOCHSA FALLS (AZ-02-0 1 0) 9. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and! or septic systems within this project from their domestic, service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part of this annexation request. A condition of the development Agreement shall be that the Applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site.Soecific Conditions of Approval 1. Dedicate 48 feet ofright-of-way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right.of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits it letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet ofright~of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONINGILOCHSA FALLS (AZ-02-0 10) purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant shall provide an easement to the District. 3. Construe,t a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east ofthe west property line (approximately at the half-mile). 4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north of the south property line (approximately the half~mile). 5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. 6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff 8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. 10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. 11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet ofright-of-way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. 12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet ofright-of-way abutting the commercial development (approximately 350 feet). 13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot stre~t sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. t4e access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-010) OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet ofright~of-way. 15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east of the west property line which meets District policy and should be approved with this application. 16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. 17. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard. 18. Construct thirteen stub streets to the surrounding parcels. · The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. o The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. o The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. · The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. · The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north of the south property line. o The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west ofthe east property line. · The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. · The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chinden Boulevard. · The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. .. The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chinden Boulevard. o The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. o The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. o The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. 19. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Any proposed landscape islands! medians within the public right-of-way dedicated by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGtLOCHSA FALLS (AZ-02-010) plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. . 21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff 22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional width of the island. Coordinate the size and design of the roundabout with traffic services staff. 23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. ". 8. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGtLOCHSA FALLS (AZ-02-0 1 0) Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. . 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver! variance of said requirements or other legp.l relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57, 20, 36, and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. . 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 11. More than one fire apparatus road shall be provided when it is detennined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FAiLS (AZ-02-0 10) D. Adopt the Recommendations of Meridian Parks & Recreation Department as' follows: 1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The Developer shall receive 100% of the park impact fees collected from the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary of the park site or the developer may construct the utilities south of the subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks DePar:tment. E. Adopt and comply with the action of the City Council from their October.S, 2002 meeting as follows: 1. Adopt the Accommodations made by Farwest, LLC in an August 15,2002 memo entitled "Tony Moss" as follows, including amendments made by the Planning and Zoning Commission: a. A park lot will be moved to the east of the Moss parceL b. On Lots 11, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a 25' peak building height to retain the view (one of the three lots mentioned above will be an open lot). c. Applicant will provide large lots on the north and south of the Moss parcel, as indicated on the Preliminary Plat. d. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to retain Mr. Moss's plum trees on the west, ifpossible. e. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls property prior to the issuance of occupancy permits in the affected phase. f. Applicant agreed to construct a water feature at the McMillan Road entryway. g. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across this lot if Mr. Moss relinquishes his current access easement. h. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with the Lochsa Falls Subdivision. ' The City is not aware of whether the accommodations, as amended by the Commission and approved by the Developer, have been approved by the Mosses. Ifthe Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. If Mr. and Mrs. Moss do not agree to such accommodations as listed, the Developer will not be bound to such terms. The Developer and the Mosses have FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-010) negotiated a relinquishment of the Mosses' easement from McMillan Road to their parcel of property. If the Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The Developer shall present Mr. and Mrs. Moss with a writing setting forth the Developer's agreement to such accommodations and relinquish of the Moss' easement. In the event the Mosses do not execute the appropriate writing within a sixty (60) day period, such refusal shall be the detennination that Mr. and Mrs. Moss do not agree to the referenced accommodations and relinquishment. 2. As a condition of annexation, and as a condition ofthe Development Agreement, applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the tenus of such agreement or agreements. 10. 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.9, 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. 11. It is also found that the development considerations as referenced in Finding No.9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a marmer 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 of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the zoning of the subject real property as Low Dens.ity Residential District (R-4) requires connection to the Municipal Water and Sewer systems and wi'tI be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGfLOCHSA FALLS (AZ-02-0 10) the subject property as Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development 1.1,1.3,.1.5, 3.1U, and 3.2U Land Use 1. lOU, 2.1U, 2.4U, 3.7, 4.3U, 5.9, 5.12, 5.13, and 5.14 Natural Resource & Hazardous Areas 2.1U, 3.1U, and 3.2U Community Design 1.3, 1.4, 2.1 U, 2.3U, 6.2U and 6.11 U Transportation Chapter 1. 19U, and 1.18 14. The requested zoning designation ofR-4 is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be primarily "Single-Family Residential", with a park. The draft Comprehensive Plan Future Land Use Map designates this area as both Low Density (3 d.u./acre and below) and Medium Density Residential (3-8 d.u./acre). Although, the Schedule of Use Control states that only detached single-family dwellings are permitted within the R- zone, the Planned D~velopment Ordinance allows a mixture of different housing types, (townhouses, duplexes and detached single-family dwellings) within a single planned development, regardless ofthe underlying zone, so long as the overall density of the underlying zone is not exceeded. Accordingly, the overall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-010) density of the residential portion of the planned development is approximately 3.4 dwelling units per acre (gross). Furthermore, the Planned Development Ordinance allows for up to 20% of the land within a planned development to be used in a manner that the underlying zone would typically prohibit. Therefore, the proposed office and commercial uses comply with the Comprehensive Plan's land use designations. 15. It is not anticipated that the land to be annexed will be rezoned in the future. 16. It, is found that the property will be developed in a manner consistent with the new zoning and/or consistent with allowable Planned Development uses (e.g. 20% excepted uses). 17. It is found that the recent annexation and zoning of the Bridgetower Subdivision to the west and south of proposed Lochsa Falls is a significant change in the area, and that Bridgetower is a Planned Development similarto the proposed Lochsa Falls Subdivision. The four (4) arterial streets abutting this mile section are not planned for improvements in Ada County Highway District's Five Year Work Program. However, the Ustick/Ten Mile intersection is slated for a new signal within the next 3-4 years. 18. It is found that the proposed uses (primarily residential) match the intended character of the vicinity, as noted on the Generalized Land Use Map. It is also found that the proposed uses can be designed and constructed in a manner that will be hannonious with and appropriate in appearance with the existing and intended character of the surrounding area with the possible exception being the creation of a number of small county enclaves that will be surrounded by the new uses. However, the majority of the enclaves are rural-residential and are surrounded by residential uses. The existing character of the area will change, especially upon build-out of the proposed project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-010) 19. It is not anticipated that the proposed uses will be hazardous to future or existing neighbors. A potential disturbance may be with the existing agricultural uses, which could be adequately addressed through the RighHo-Farm clause in Idaho State Code. 20. It is anticipated that because of the phasing pattem proposed by the applicant, significant amounts of off~site sewer and water main extensions will be necessary. The Sewer Master Plan proposes the North Slough Trunk traversing through this proposed development. By starting the phasing on the opposite side of the section from where the North Slough Sewer Trunk begins traversing east (i.e. Ten Mile Road), the routing locks proposed roadway alignments into place. If the phasing plan is approved, the applicant will be required to construct water mains and the trunk line through the projects roadway system within the nonnal utility corridors. No service lines will be allowed in the off-site segments. The applicant will also be required to construct an all weather 14-foot wide paved access road over the off-site segments within this project. 21. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Although a detailed analysis was not done specifically on Lochsa Falls, it is generally found that tax revenues generated by urban residential development do not pay for the long-term provision of these urban services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic'.welfare. 22. It is found that that proposed residential, office and commercial uses themselves will not be detrimental. However, it is found that the proposed uses will create additional traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW ~Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 1 0) on Linder, Ten Mile, and McMillan Roads and Chinden Blvd. The Traffic Impact Study provided by the Applicant states that the development is estimated to generate 12,480 additional vehicle trips per day (20 existing). It is also noted that the mixed use nature of the proposed development will encourage a higher degree of trip capture within the square mile (estimated at 10% of total trips). In this regard, the "excessive production" of traffic is lessened versus a project without accessible neighborhood services. It is not anticipated that the proposed uses will create excessive noise, smoke, fumes, glare or odors. 23. The ACHD Commission has reviewed and approved the vehicular approaches to Lochsa Falls Subdivision off ofTen Mile, Linder and McMillan Roads. The Idaho Transportation Department (ITD) has also reviewed and approved the subdivision and has limited access to State Highway 20 & 26 (Chinden) to the half-mile collector street (N. Lochsa Way). ITD required the elimination of the proposed access road to Chinden that is east of the half-mile collector (N. Dry Bar). This will help to reduce future interference with traffic turning off of the existing highway into the proposed subdivision. The applicant's traffic study finds that, at build-out, all four (4) arterial road intersections at the corners of Section 26 will be at a LOS F. The existing, no-build McMillanJLinder Road and Chinden/Linder Road intersections are found to need improvement with widening of all four approaches. The Chinden/Ten Mile intersection needs to be improved with widening of the northbound approach. It is found that a Collector roadway connecting the subdivision to Ten Mile Road is warranted by the scale of this development and the lack of access to the proposed city park from within the subdivision. It is also found that the applicant has proposed adequate connections to adjacent, undeveloped properties; thirteen (13) stub-streets for interconnectivity are proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG/LOCHSA FALLS (AZ-02-0 10) 24. It is found that the annexation of this property would be in the best interest of the City by providing a variety of housing types, the addition of employment opportunities and the creation of additional recreation facilities (pathways and parks). CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies witJ1in the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development 1.1, 1.3, 1.5, 3.1U, and 3.2U Land Use 1. lOU, 2.1U, 2.4D, 3.7, 4.3U, 5.9,5.12,5.13, and 5.14 Natural Resource & Hazardous Areas FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 1 0) 2.lU, 3.lU, and 3.2U Community Design 1.3, lA, 2.1 U, 2.3U, 6.2U and 6.11 U Transportation Chapter 1.19U, and 1.18 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at S 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment ofIow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems ofthe City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to 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 Ordi~ancethe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-01O) OF FACT A.l~D CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 354.38 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 354.38 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions 0 f the City 0 fMeridian Reso lution 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 met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and! or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part ofthis annexation request. A condition of the development Agreement shall be that the Applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 1 0) B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time Adopt the following Recommendations of the ACHD as may be'modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of-way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right~of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. lfthe sidewalk is proposed to meander outside of the right-of-way, the applicant shall provide an easement to the District. 3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east ofthe west property line (approximately at the half-mile). 4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north of the south property line (approximately the half-mile). 5. Construct a main entrance, Wild Goose Drive, to inters~ct Linder Road at t~e south property line. . . 6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FAiLS (AZ-02-0 1 0) directions. Coordinate the design of the turn lane with District staff 8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. 10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. 11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet ofright-of-way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. 12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot concrete .sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). 13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. 15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east of the west property line which meets District policy and should be approved with this application. 16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. 17. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard. 18. Construct thirteen stub streets to the surrounding parcels. · The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. · The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. · The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. · The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. · The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north ofthe south property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 10) · The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west of the east property line. · The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. · The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chinden Boulevard. · The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. · The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chinden Boulevard. · The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. · The Applicant is proposing to construct West \Vhitehouse Street to the west property line approximately 1,800 feet north ofMc:Millan Road. · The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of Mc:MilIan Road. 19. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Any proposed landscape islands/ medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional width of the island. Coordinate the size and design of the roundabout with traffic services staff. 23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND lONING/LOCHSA FALLS (AZ-02-Q 1 0) 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons 'per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING/LOCHSA FALLS (AZ-02-0 10) 3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7, Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.204 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local st<lI;ldard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57,20,36, and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 11. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. D. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent toTen Mile Road. The Developer shall receive 100% of the park impact fees collected from the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary ofthe park site or the developer may construct the utilities south of the subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. E. Adopt and comply with the action ofthe City Council fro,m their October ~, 2002 meeting as follows: 1. Adopt the Accommodations made by Farwest, LLC in an August 15,2002 memo entitled "Tony Moss" as follows, including amendments made by the Planning and Zoning Commission: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-01O) a. A park lot will be moved to the east ofthe Moss parcel. b. On Lots II, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a 25' peak building height to retain the view (one of the three lots mentioned above will be an open lot). c. Applicant will provide large lots on the north and south ofthe Moss parcel, as indicated on the Preliminary Plat. d. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to retain Mr, Moss's plum trees on the west, if possible, e. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls property prior to the issuance of occupancy pennits in the affected phase. f. Applicant agreed to construct a water feature at the McMillan Road entryway. g. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across this lot if Mr. Moss relinquishes his current access easement. h. Applicant agreed to coordinate boundary fencing with:Mr. Moss consistent with the Lochsa Falls Subdivision. The City is not aware of whether the accommodations, as amended by the Commission and approved by the Developer, have been approved by the Mosses. If the Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. rLMr. and Mrs. Moss do not agree to such accommodations as listed, the Developer will not be bound to such terms. The Developer an the Mosses have negotiated a relinquishment of the Mosses' easement from McMillan Road to their parcel of property. If the Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The Developer shall present Mr. and Mrs. Moss with a writing setting forth the Developer's agreement to such accommodations and relinquish of the Moss' easement. In the event the Mosses do not execute the appropriate writing within a sixty (60) day period, such refusal shall be the determination that Mr. and Mrs. Moss do not agree to the referenced accommodations and relinquishment. 2. As a condition of annexation, and as a condition of the Development Agreement, applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 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 ofthe application to (R-4) Low Density Residential District, and Meridian City Code S 11-7- 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 1 0) 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 11 R day of (J.tUwl ~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMANTAMJvfY deWEERD VOTED ~r-tL COUNCIL WOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED {lhgr;nt MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: l'2.-ll-O'2.... VOTED MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010) APPROVED:~SAPPROVED: -' Bycll~R~~ Dated: City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. \\\\\\\11111111111"'// ,\\\..J OF Mi:"Rt", //1'/ " ~"' Vln <'~ ~" c} QPl'l/:). -71; ~ I 27 '7'::: CP'M -'''''I)-~ ~ Z - - tJ t:- [.:?- '0 \ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02~010)