The URL can be used to link to this page

Home My WebLink About2002-12-19 CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA TuesdaYJ February 19J 2002J at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: K Tammy de Weerd X Bill Nary X Cherie 2candless --p-- Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from July 17 J 2001 City Council Special Budget Meeting: Cifprvv..e-- B. Approve minutes from January 7J 2002 City Council Special Joint Meeting with Ada County and Ada County Highway District: ClPJ7Y"P VUL- C. Approve minutes from January 29J 2002 City Council Special Meeting: ~v<-- D. Approve minutes from January 29J 2002 City Council Regular Meeting: apprtYve- E. Approve minutes from February 5J 2002 City Council Regular Meeting: P~vze... F. Approve minutes from February 6, 2002 City Council Special Meeting: cl.JlPYVv..e.- G. Tabled from February 5, 2002: Five Mile Trunk latecomer Agreement: tlfJfJYl7//:..J<.- H. Tabled from February 5J 2002: Findings of Facts and Conclusions of Law for Approval: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: &ffrov<-e- Meridian City Council Agenda - February 19,2002 Page] of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ,. \ ,. ( I. Tabled from February 5, 2002: Findings of Fact and Conclusions of law for Approval: CUP 01-028 Request for a Conditional Use Permit for a fast food restaurant with drive-thru in a C-G zone for proposed Wendy's by Wenco, Inc. - northwest intersection of Corporate Drive and East First Street: Finding~~d Conclusions of law for Approval: CUP 01-035 Request for a Conditional Use Permit for the construction of a building to be used for wholesale building material distribution in an I-L zone for Intermountain Wood Products by The Banks Group, LLC - south of East Franklin Road and west of South Locust Grove: 0Vjr1f/Yt9 lIl€-- Findings of Fact and Conclusions of law for Approval: AZ 01- 022 Request for annexation and zoning of 22.66 acres from R-1 to C-G zones for Queenland Acres by White-Leasure Development, Co. - southeast corner of South Stoddard Road and West Overland Road: J. K. L. ~~ Findings of Fact and Conclusions of Law for Approval: AZ 01- 024 Request for annexation and zoning of 4.0 acres from M-I to I-L zones for Idaho Trucking Specialties by Victory Properties LLC - 600 N. Eagle Road: ~~ Findings of Fact and Conclusions of law for Approval: RZ 01- 007 Request for rezone of 3.35 acres from R-8 to C-C zones for Sol C. Yaun by Hubble Engineering Inc. - 725 East Fairview Avenue: ~~ Findings of Fact and Conclusions of law for Approval: AZ 01- 023 Request for annexation and zoning of 5.97 acres from RUT to R-4 zones for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: a-JlPYV VLe..-- Findings of Fact and Conclusions of Law for Approval: PP 01- 023 Request for Preliminary Plat approval of 20 building lots and 24 other lots in a proposed R-4 zone for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: a jJ )9 nJI vu...-- Findings of 'Fact and Conclusions of Law for Approval: AZ 01- 020 Request for annexation and zoning of 3.58 acres from R-1 to R-8 zones for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: ~VZ0 M. N. o. P. Meridian City Council Agenda - February 19,2002 Page 2 of5 All materials presented at publie meetings shall become property ofthc City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the publ ic meeting. 4. Q. Findings of Fact and Conclusions of law for Approval: PP 01- 021 Request for Preliminary Plat approval of 19 building lots and 3 other lots on 3.00 acres in a proposed R-8 zone for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: a p;:rr f) 0e-- R. Findings of Fact and Conclusions of Law for Approval: CUP 01-039 Request for a Conditional Use Permit for a Planned Development in a proposed R-8 zone for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: a~(,AL. S. Automatic Aid Agreement for Approval: between City of Boise, City of Meridian, Meridian Rural Fire Protection District and Whitney Fire Protection District: ~(lvt/ T. Approval of Board of Appraisers as per City Code ~9-1-17: ~ V\.€.--- Department Reports: A. Public Work's Department - Gary Smith: 1. White Drain Trunk Sewer Permanent and Temporary Construction Easement - John Kennedy: ~ WJ.vf7) Ind/Lc-iL /11 Z-PtPz- 11tvfy B. Police Department - Chief Worley 1. Access Control System Agreement with The Security Group: c<"j?pt"O ve ~ R:J 3/ of 75:. ~ 2. Intrusion Security System Agreement for Evidence Rooms with The Security Group: . aJYJP'rP V'CL ~ .Ir 5; Z fi ~ ~ C. Parks Department - Tom Kuntz 5. 1. Meridian Park Tiling Project - Bid Award: ~f79YVVl€- aw.tVt-cL fo Sbl'lltn e j- (011..[1. .(;1- b'62, 81..f~ o~ (Items Moved from Consent Agenda): lurf1'lihr Tabled from December 4, 2001 -- Request for Service for Westborough Subdivision: t ~tj /Le~J61{rv J'el-v/(:..fZ... Continued FSublic Hearing from December 4, 2001: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: a-rhrth-e-!f fa jYf'7e!tYU- ;!;::~l elL .f'erv ~(/aZ Meridian City Council Agenda - February 19,2002 Page 3 of5 All materials presented at public meetings shall bccomc property of the City ofMeridilln. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meetiug. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Continued Public Hearing from December 4, 2001: PP 00-018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: alhn../1.e.:J fo flY'..ej?c-vu:.. 1'/;: le f..t hL tGj?pY19vd- Continued Public Hearing from November 20, 2001: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: d~l./N,/ fc j7Le1?7~ ;:/;:4 el-/ HrL ,0JPprov~ Continued Public Hearing from November 20, 2001: PP 01~015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: fvr/z;~ # jh-&/lvvvC -PI;: felt m 4#T'tJV~ Continued Public Hearing from November 20, 2001: CUP 01-026 Request for a Conditional Use Permit for 214 single-family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt - northeast corner of East Ustick Road and North Meridian Road: L~ ;;/jo .. / // 1'.:._ cc/17n--J'L€-'j T(J/ fH".ef'cVU- Tlr4 eN. TIYL d/J1JI'f?V~ Continued Public Hearing from January 15, 2002: CPA 01-001 Request for a text change amendment to the 1993 Comprehensive Plan by Falcon Creek, LLC: J L. L -t.n.J- --'- - IltA t1 t~ re. a1'L a fYI.()YlCA- {/1"l.ih-VI I v I e)C T (.llI'vL-"... Public Hearing: AZ 01~025 Request for annexation and zoning of 7.83 acres from R~1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: . . cctfnh.e'j fo prepa~ IIr: f ef.-e f;n. a~v~ Public Hearing: PP 01-025 Request for Preliminary Plat approval of 31 building lots on 7.83 acres in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: afl-p-'Yhej ./17 jJJ1IZpWLt --fIr- '1 cl-e .{::rr af'flrov~ Public Hearing: CUP 01-043 Request for a Conditional Use Permit for High-Tech Fabrication, office, retail and Health Club in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: t!fVfhrrhVj fp /JI'Y? pcV1L -J:/f Ie II! In_u'r.j?f/I?ivtvL Meridian City Council Agenda - February 19,2002 Page 4 of5 All materials presented at public meetings shall becomc property of the City of Meridian. Anyone desiri ng accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meetiog. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Public Hearing: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC- 2435 South Meridian Road: Public ~.%: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: d ef1-ij Public Hearing: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Public ~~: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: C 07'1.-./> fiue... jJ / It. -10 '3 - r;; -0 Z-- Public Hearing: PP 01-022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: c~'h ht1.L- jJ If.- {tt? g -f? -(/2- Public Hearing: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Con-trnt-U.- ;JIlL- ~ 3-5'-02.- FP 02-001 Request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No. 3 by Autumn Faire, LLC - east of North Black Cat Road and south of West Ustick Road~Cc7~1)h;b€:. frM:e.. tt/lVh) rg-5~o2-- FP 02-002 Req uest for Final Plat approval of 115 building lots and 10 other lots on 29.93 acres in an R-4 zone for Woodbridge No. 2 by Woodbridge Community, LLC - east of South Locust Grove Road and south of East Franklin Road: clf? J?nP V'<- Water, Sewer and Trash Delinquencies: a (J f'Y'9 v.e" Executive Session per State Statute i67-2345(1)(c) fL.o d€ c/s/b"1v Meridian City Council Agenda - February 19, 2002 Page 5 of5 All materials presented at public mcetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public mceting. March 28, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT April 2, 2002 ITEM NO. 3 --- A:, REQUEST Approve minutes from February 19,2002 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: (1 vV' vt,rv Contacted: Date: Phone: Materials presented at public meetings shall become property of fhe City of MeridIan. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 19) 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from July 17, 2001 City Council Special Budget Meeting: Approve B. Approve minutes from January 7, 2002 City Council Special Joint Meeting with Ada County and Ada County Highway District: Approve C. Approve minutes from January 29, 2002 City Council Special Meeting: Approve D. Approve minutes from January 29, 2002 City Council Regular Meeting: Approve E. Approve minutes from February 5, 2002 City Council Regular Meeting: Approve F. Approve minutes from February 6) 2002 City Council Special Meeting: Approve G. Tabled from February 5, 2002: Five Mile Trunk Latecomer Agreement: Approve H. Tabled from February 5, 2002: Findings of Facts and Conclusions of Law for Approval: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: Approve Meridian City Council Agenda - February 19, 2002 Page 1 of(j All materials presented at public meetings shall become property of the City ofMcridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. I. Tabled from February 5, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01-028 Request for a Conditional Use Permit for a fast food restaurant with drive-thru in a C-G zone for proposed Wendy's by Wenco, Inc. - northwest intersection of Corporate Drive and East First Street: Approve J. Findings of Fact and Conclusions of Law for Approval: CUP 01-035 Request for a Conditional Use Permit for the construction of a building to be used for wholesale building material distribution in an I-L zone for Intermountain Wood Products by The Banks Group, LLC - south of East Franklin Road and west of South Locust Grove: Approve K. Findings of Fact and Conclusions of Law for Approval: AZ 01- 022 Request for annexation and zoning of 22.66 acres from R-1 to C-G zones for Queenland Acres by White-Leasure Development, Co. - southeast corner of South Stoddard Road and West Overland Road: Approve L. Findings of Fact and Conclusions of Law for Approval: AZ 01- 024 Request for annexation and zoning of 4.0 acres from M-I to I-L zones for Idaho Trucking Specialties by Victory Properties LLC - 600 N. Eagle Road: Approve M. Findings of Fact and Conclusions of Law for Approval: RZ 01- 007 Request for rezone of 3.35 acres from R-8 to C-C zones for Sol C. Yaun by Hubble Engineering Inc. - 725 East Fairview Avenue: Approve N. Findings of Fact and Conclusions of Law for Approval: AZ 01- 023 Request for annexation and zoning of 5.97 acres from RUT to R-4 zones for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: Approve Meridian City Council Agenda - February 19,2002 Page 2 orG All materials presented at public meetings shall become property orthe City of Meridian. Anyone desiring accommodation ror disabilities related to doclIments and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. O. Findings of Fact and Conclusions of Law for Approval: PP 01- 023 Request for Preliminary Plat approval of 20 building lots and 24 other lots in a proposed R-4 zone for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: Approve P. Findings of Fact and Conclusions of Law for Approval: AZ 01- 020 Request for annexation and zoning of 3.58 acres from R-1 to R-8 zones for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: Approve Q. Findings of Fact and Conclusions of Law for Approval: PP 01- 021 Request for Preliminary Plat approval of 19 building lots and 3 other lots on 3.00 acres in a proposed R-8 zone for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: Approve R. Findings of Fact and Conclusions of Law for Approval: CUP 01-039 Request for a Conditional Use Permit for a Planned Development in a proposed R-8 zone for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: Approve S. Automatic Aid Agreement for Approval: between City of Boise, City of Meridian, Meridian Rural Fire Protection District and Whitney Fire Protection District: Approve T. Approval of Board of Appraisers as per City Code 99-1-17: Approve 4. Department Reports: A. Public Work's Department - Gary Smith: 1. White Drain Trunk Sewer Permanent and Temporary Construction Easement - John Kennedy: Table until March 19, 2002 Meeting B. Police Department - Chief Worley 1. Access Control System Agreement with The Security Group: Approve for $33,475 Meridian City Council Agenda - February 19, 2002 Page 3 of6 All materials prcsentcd at public mcetings shall become property orthe City of Meridian. Anyone dcsiring accommodation for disabilitics relatcd to documents and/or hearings please contact the City Clerk's Officc at 888-4433 at least 48 hours prior to the public meeting. 2. Intrusion Security System Agreement for Evidence Rooms with The Security Group: Approve for $5,255 C. Parks Department - Tom Kuntz: 1. Meridian Park Tiling Project - Bid Award: Approve award to Sommer Construction for $62,814 5. (Items Moved from Consent Agenda): 6. Tabled from December 4, 2001 -- Request for Service for Westborough Subdivision: Deny Request for service 7. Continued Public Hearing from December 4J 2001: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 8. Continued Public Hearing from December 4, 2001: PP 00-018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 9. Continued Public Heari ng from November 20, 2001: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-B zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 10. Continued Public Hearing from November 20, 2001: PP 01-015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-B zone for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 11. Continued Public Hearing from November 20, 2001: CUP 01-026 Request for a Conditional Use Permit for 214 single-family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-B zone for proposed Sundance Subdivision by G.L. Voigt - northeast corner of East Ustick Road and Meridian City Council Agenda - February 19,2002 Page 4 of 6 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. North Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Continued Public Hearing from January 15, 2002: CPA 01-001 Request for a text change amendment to the 1993 Comprehensive Plan by Falcon Creek, LLC: Approve an amendment to text only 13. Public Hearing: AZ 01-025 Request for annexation and zoning of 7.83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PP 01-025 Request for Preliminary Plat approval of 31 building lots on 7.83 acres in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 01-043 Request for a Conditional Use Permit for High-Tech Fabrication, office, retail and Health Club in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 17. Public Hearing: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 18. Public Hearing: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Denial Meridian City Council Agenda - February 19,2002 Page 5 of6 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 Clcrk's Office at 888-4433 at Jeast 48 hours prior to the public meeting. 19. Public Hearing: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: Continue Public Hearing to March 5, 2002 Meeting 20. Public Hearing: PP 01-022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Continue Public Hearing to March 5,2002 Meeting 21. Public Hearing: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Continue Public Hearing to March 5, 2002 Meeting 22. FP 02-001 Request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No.3 by Autumn Faire, LLC - east of North Black Cat Road and south of West Ustick Road: Table until March 5, 2002 Meeting 23. FP 02-002 Request for Final Plat approval of 115 building lots and 10 other lots on 29.93 acres in an R-4 zone for Woodbridge No. 2 by Woodbridge Community, LLC - east of South Locust Grove Road and south of East Franklin Road: Approve 24. Water, Sewer and Trash Delinquencies: Approve 25. Executive Session per State Statute ~67 -2345(1 )(c) No decision Meridian City Council Agenda - February] 9,2002 Page 6 of 6 All materials presented at public meetings shall becomc property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documcnts and/or hearings please contact the City Clcrk's Office at 888.4433 at least 48 hours prior to the public meeting. Meridian City Council Meetin~ Februarv 19, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, February 19, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless, and William Nary. Others Present: William Nichols, Mike Worley, Tom Kuntz, Gary Smith, Shari Stiles, Brad Watson, Ken Bowers, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: All right. I will open the Meridian City Council Regular Meeting, Tuesday, February 19, 2002, at 6:30 P.M., in the Chambers. Item Number 1 is the roll-call attendance. Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. First off, let me thank everybody for being here tonight. There are still some seats up here if you'd like to sit down and join us. Happy to have you. So thank you for coming. Council, second on the Agenda is the Adoption of the Agenda. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I will be moving to take an item off the staff report, because of lack of information. Corrie: Okay. McCandless: That would be the White Drain Trunk Sewer Permit and Temporary Construction Easement. Corrie: All right. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting February 19, 2002 Page 2 De Weerd: There is also a request by the applicant on Item Number 22 to table this until March 5th. Corrie: All right. That's the Final Plat on Tricia's Subdivision No.3, Autumn Faire, LLC. Okay. Any other additions, corrections, or changes? Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Agenda as presented. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Agenda. Any further discussion? All those in favor say. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3: Consent Agenda: A. Approve minutes from July 17 J 2001, City Council special Budget Meeting: B. Approve minutes from January 7, 2002, City Council special joint meeting with Ada County and Ada County Highway District: C. Approve minutes from January 29, 2002, City Council Regular Meeting: D. Approve minutes from January 29, 2002, City Council Regular Meeting: E. Approve Minutes from February 5, 2002 City Council Regular Meeting: F. Approve minutes from February 6, 2002, City Council Special Meeting: G. Tabled from February 5, 2002: Five Mile Trunk Latercomer Agreement: H. Tabled from February 5, 2002: Findings of Facts and Conclusions of Law of Approval: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: Meridian City Council Meeting February 19. 2002 Page 3 I. Tabled from February 5,2002: Findings of Fact and Conclusions of Law for Approval: CUP 01-028 Request for a Conditional Use Permit for a fast food restaurant with drive-thru in a C-G zone for proposed Wendy's by Wenco, Inc. - northwest intersection of Corporate Drive and East First Street: J. Findings of Fact and Conclusions of Law for Approval: CUP 01- 035 Request for a conditional Use permit for the Construction of a building to be used for wholesale building arterial distribution in an I-L zone for Intermountain Wood Products by The Banks Group, LLC - south of East Franklin Road and west South Locust Grove: K. Findings of Fact and Conclusions of Law for Approval: AZ 01- 022 Request for Annexation and Zoning of 22.66 acres from R-1 to C-G zones for Queenland Acres by White-Leasure Development, Co.- southeast corner of South Stoddard Road and Waste Overland Road: L. Findings of Fact and Conclusions of Law for Approval: AZ 01- 024 Request for Annexation and zoning of 4.0 acres from M-I to I-L zones for Idaho Trucking Specialties by Victory Properties LLC - 600 N. Eagle Road: M. Findings of Fact and Conclusions of Law for Approval: RZ 01- 007 Request for rezone of 3.35 acres from R-8 to C-C zones for Sol C.Yaun by Hubble Engineering Inc. - 25 East Fairview Avenue: N. Findings of Fact and Conclusions of Law for Approval: AZ 01- 023 Request for annexation zoning of 5.97 acres from RUT to R-4 zones for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: O. Findings of Fact and Conclusions of Law for Approval: PP 01-023 Request for Preliminary Plat approval of 20 building lots and 24 other lots in a proposed R-4 zone for proposed Inglenook Subdivision by Provident Development Group, LLC - 2720 South Locust Grove Road: P. Findings of Fact and Conclusions of Law for Approval: AZ 01- 020 Request for annexation and zoning of 3.58 acres from R-1 to R-8 zones for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: Q. Findings of Fact and Conclusions of Law of Approval: PP 01-021 Request for Preliminary Plat approval of 19 building lots and 3 other lots on 3.00 acres in a proposed R-8 zone for proposed Silhouette Meridian City Council Meeting February 19, 2002 Page 4 Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: R. Findings of Fact and Conclusions of Law for Approval: CUP 01- 039 Request for a Conditional Use permit for a Planned Development in a proposed R-8 zone for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south of East Ustick Road: S. Automatic Aid Agreement for Approval: between City of Boise, City of Meridian, Meridian Rural Fire Protection District and Whitney Fire Protection District: T. Approval of Board of Appraisers as per city Code 9-1-17: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as shown. De Weerd: Second. Corrie: Okay. Motion is made and second to approve the Consent Agenda as stated. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd just simply ask the Clerk to note for Item 3-A, the minutes from July 17, 2001, to note an abstention from myself, since I wasn't a member of the Council at that time. Corrie: Okay. Any further discussion? Okay. The Consent Agenda with the abstaining vote on Item 3-A. All favor of -- or roll call vote, please, Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 4: Department Reports: i I Meridian City Council Meeting February 19, 2002 Page 5 A. Public Works Department - Gary Smith: 1. White Drain Drunk Sewer Permanent Temporary Construction Easement - John Kennedy: and Corrie: Department reports. Number 4. Public Works Department. Gary Smith. believe, Mrs. McCandless, you had a -- McCandless: Yes, I did, Mr. Mayor. I move that we table the White Drain -- I can't find it right now. Remove it from the Agenda, the White Drain Trunk Sewer Permanent, and Temporary Construction Easement until March 19th. De Weerd: Second. Corrie: Okay. Motion has been made to table Item Number A-1 Public Works Department on the White Drain Trunk Sewer Permit Temporary Construction Easement to the 19th of March. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion is carried. MOTION CARRI ED: ALL AYES B. Police Department - Chief Worley: 1. Access control Security Group: System Agreement with The 2. Intrusion Security System Agreement for Evidence Rooms with The Security Group: Corrie: Item B, Police Department. Chief Worley. Worley: Mr. Mayor, Members of the Council, I would -- with your approval I would like to take both of these items at once. They are both for the same company. Item B-1 is a contract with the Security Group for the access system for the new police building in the amount of $33,475. This isthe door access, the proximity readers, the general security or general access system for the building and Item Number 2 is contract with the Security Group in the amount of $5,255. This is for an alarm system for the evidence storage area. Both of these are -- contracts are bid pursuant to an existing bid with the City of Caldwell for the same type of materials and I stand for questions as to the authorization for the Mayor to sign and the Clerk to attest. Corrie: Council, any questions -- Bird: I have none. Meridian City Council Meeting February 19, 2002 Page 6 Corrie: -- for Chief Worley? Okay. Hearing none, I will, then, entertain a motion for Chief Worley's Number 1 and Number 2, the Police Department. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Items 4-B, the Access Control System Agreement with The Security Group and Item -- 4-B-1 and 4-B-2, the Intrusion Security System Agreement for the Evidence Rooms with the Security Group as well, as presented and the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Motion has been made and seconded to approve the Police Department 4-B-1 and 4-B-2. Bird: Mr. Mayor? Corrie: Discussion? Yes, Mr. Bird. Bird: Mr. Nary, I would like to -- on this would like to see the amount made in the motion if it's okay with you. Nary: Oh, certainly. Bird: $39,027 total. Nary: Certainly. No opposition, Mr. Bird. Corrie: Okay. Add that into the motion. All right. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion is carried. Do we need a roll call, Mr. Attorney, on that one? The contract? Roll call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES C. Parks Department - Tom Kuntz 1 . Meridian Park tiling Project - Bid Award: Corrie: Parks Department. Mr. Kuntz, Meridian Park Tiling Project. Meridian City Council Meeting February 19, 2002 Page 7 Kuntz: Thank you, Mayor and Council. On February 14th, which was last week, we opened the 11 submitted bids for the tiling project of the 56 acre park. You should find in your packet the memo in regards to those 11 companies and their bids. The engineer's estimate on the project was $123,000. The low bidder was Sommer Construction at $62,814. After conferring with our Public Works Department, specifically Brad Watson and Gary, and a discussion with Sommer Construction today, we are confident that Sommer Construction is the company to do the job for us and we are requesting from the Council tonight to award the bid to Sommer Construction for $62,814. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Tom, did you have any kind of reason why there is such a disparity between the bid and the estimate? Kuntz: The only one that I can give right now is that there is a lot of companies looking for work out there, that there has been a slow down and -- De Weerd: This is 50 percent of the estimate. Kuntz: Yes, Council Member de Weerd. De Weerd: Well, no, I think it's great, but-- Bird: It's a first. Kuntz: The estimate was 65 and I just doubled it to make sure that we looked really good. Corrie: No, Tom. De Weerd: Well, this is a first then. Kuntz: Yes. Yes, it is. I do want to point out one small item. Part of the project, since this relates to an item coming up on your Agenda, we are trying to finish the easement to the property, Mr. Howell's property to the north of us, that will include 400 feet of pipe that we will put in the ground. It does include two clean-out manholes that are on both sides of that entryway that will enter into Cedar Springs and that he will reimburse the City at the cost of approximately $2,600 for those costs. So if you subtract that from the 62,814, our true cost will be closer to about $60,000. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting February 19, 2002 Page 8 Bird: If there is no more discussion, I would make a motion that we draw up a contract by our attorney and -- with Sommer Construction for $62,814 for the irrigation ditch tiling project on the 56 acre Park, for the Mayor to sign and the Clerk to attest. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Sommer Construction in the amount of $62,814. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All yeas. Motion is approved. MOTION CARRI ED: ALL AYES Item 5: (Item Moved from the Consent Agenda) Item 6: Tabled from December 4, 2001 - Request for Service for Westborough Subdivision: Corrie: No items were removed from the Consent Agenda, therefore, we will go to Number 6. This was tabled from December 4, 2001, request for service for Westborough Subdivision. Staff comments first. Watson: Mr. Mayor and Council Members, I'm not sure that I have a report on this, unless there are some specific questions you have on this request. I had gone over this in December in a somewhat detailed manner. Would you like me to refresh your memory on this at all? Bird: Mr. Nary would -- Corrie: Would you, please, so we can -- if you don't, I can do it for you. Watson: I'm not prepared with a map to show on the screen either. This proposed project is the southwest corner of Chinden and Locust Grove. Approximately 40 acres. The application went through Ada County last year. It was ultimately denied. The applicant's engineer determined through some on-the-ground surveying that approximately half of the proposed 70 lots, I believe, could physically gravity sewer back towards the Vienna Woods lift station. It would include about a quarter mile sewer extension to the property. De Weerd: Bill, it's that piece right there. Watson: The technical hang up on the proposal was that the Vienna Woods lift station -- the lift station itself is not at capacity, but line into which it discharges down towards Meridian City Council Meeting February 19, 2002 Page 9 Ustick Road is at capacity and that that lift station could not be enlarged. The capacity increased until the White Trunk was completed, so that the pressure sewer could be turned into that White Trunk. That's pretty much the thumbnail sketch of -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: It's the South Slough that's held up already right? Watson: Councilman Bird, Mayor, and Council Members, it's not the South Slough Trunk, it's an eight inch lateral that ultimately feeds into the South Slough. There is an eight-inch that goes up Locust Grove by Summerfield Subdivision. Bird: It's from Summerfield down, then, is eight inch? Watson: Yes. Bird: Okay. Corrie: Okay. Any further discussion from staff? Okay. Is the representative for Westborough Subdivision here this evening? Jewett: Mr. Mayor and Council, my name is Jim Jewett, 3090 East Gentry, Suite 150, in Meridian. I won't go over the whole thing, because most of the Council has had it several times, except for Councilman Nary. Nary: Thank you. Jewett: Basically what we are asking for -- we did make an application with Ada County for an individual sewer system, which was ultimately denied at Ada County. That is currently in a tentative appeal awaiting this decision here, because it was at that hearing at county, brought up by Mr. Watson, that we had never officially asked for sewer for the City of Meridian. We went through the process of figuring out how once it could sewer and we determined we could sewer a certain portion of it once the White Drain was connected to this lift station -- the pressure line coming out of the lift station. So all I'm asking for is basically the same treatment that Vienna Woods and Edinburgh has been given out there, that being Edinburgh was approved with whatever connections are available now, with the provision that once the White Drain hooked into it they can have the rest of their connections. All I'm asking for is the same treatment is given, whatever I can sewer into that lift station once it's available. That's all I'm asking for. Just the same treatment that those two subdivisions have been given up there. And I will stand for any questions. Corrie: Council, any questions? Meridian City Council Meeting February 19, 2002 Page 10 Bird: I have none. De Weerd: I have none. Corrie: Thank you. Jewett: Thank you. Corrie: Any discussion? Bird: I have none. Corrie: The attorney for them is here? State your name and address, please. Bieter: Dave Bieter, 619 Grove Street in Boise. Mayor Corrie, Members of the Council, I will be even briefer. I believe I gave the same sort of discussion last time that we were before you. My input on this would be just to say we have filed an appeal, we -- I have a number of years defending appeals like that from a city or a county perspective. It's as good a situation as I have seen before a developer. I don't say that with any -- I say that just based on the experience that I have, but at the end of that road is not a place that I believe any of us would like to see, for one thing for my client it's a fairly long road and a not inexpensive one. For the city and county it could result in a place where virtually every development in and around -- actually, every development in the area of impact potentially could go their own way on sewer services, because if we can show -- I think the only real issue is sewer. If the applicant can show that he can provide that at a means other than through the City of Meridian, then I believe there is a good chance the appeal will be -- that we will win the appeal and the decision will be reversed. Then when we are -- if we were to do that and go our own way to set up a Sewer District and provide sewer to the area, there is no requirement that we eventually hook up -- I don't think that's the best result for anybody, really. I do think there is a pretty good shot at that and I think if we were able to be successful, then I can see a number of other situations like that. Again, I think we would all be well advised to try to reach an agreement to sewer as much as my client -- as much as he can as soon as it's available. With that I will be happy to answer any questions and I appreciate the chance to speak to you. Corrie: Questions? Bird: I have none. Bieter: There is some legislation affecting cities that I think we might want to talk about later, but we can do that later. Thank you. Corrie: Thank you. Discussion? De Weerd: Mr. Mayor? Meridian City Council Meeting February 19, 2002 Page 11 Corrie: Mrs. de Weerd. De Weerd: I think we have kind of beat this one to death. I agree with staff that what -- it's all been said, we can sewer just a very little bit of this and Edinburgh and Vienna Woods didn't set a precedent. They were unique situations. Two wrongs certainly don't make a right and so I would like to see the city continue to look at developments in this area of impact in a logical and reasonable manner and not run our sewer lines all over our area of impact. I think these developers as they purchase property they purchase it knowing the sewer treatment plan and when lines will be out there and that's the order that a city should logically grow, from the inside out, not from the outside in. It just doesn't make good sense to the current users or to our taxpayers. So I know I went and testified at the county, I don't agree with this application, I still don't, and I think that we will get that sewer out there. This is a property that's in our North Meridian Area Plan, we are planning in that area for a number of reasons, not just sewer, but for other city services, and this piece of property should be a partner to that plan. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I got a question for Brad. Brad, what's the schedule on the White Trunk now? Watson: Councilman Bird, Mayor and Council Members, the bid date is February 2ih with a roughly six month construction schedule, which would begin mid March to late March, September. Bird: Okay. Now to follow up, Brad. With the development that I see coming through -- and I'm like Tammy, I hope people will wait until this North Meridian Plan gets kind of finalized, but how -- that White Trunk, if the development comes through, is going to be pretty full by the time it's through there. Watson: Councilman Bird, it would be at -- it wouldn't be at ultimate capacity. Whenever we size these we don't size them to only contain -- I mean they are not running full they are -- Bird: Okay. Watson: But that lift station cannot discharge into that lift station forever if that -- if those three miles in the White Trunk service area build out, then there would not be room for the total flow out of the Vienna Woods lift station. Bird: Actually, that lift station will go away when the North Slough gets put in am I not right? Watson: That's correct. Meridian City Council Meeting February 19, 2002 Page 12 Bird: Because that's the natural flow is back to the North Slough? Watson: That's correct. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess since Mr. Bieter had also brought up legislation, this is just a good example of forced annexation at it's finest. Boise went out and laid sewer lines out to areas that weren't contiguous and then once the city started to grow around it, the city needed to annex it, because it had services that these people were utilizing. It created all kinds of havoc. We are not interested in making some of the same mistakes that Boise has made and it just doesn't make good sense of all of our services and resources to grow in this manner. Sewer is just one component of it and, again, I go back to that's what this North Meridian Area Plan is supposed to address, all different sewer -- or service areas, not just sewer. So, you know -- and like you did say, if you go ahead and do your own independent sewer district, there is no reason why they should annex into the city, although every piece of property around it will be part of the city. So you would be creating an island in the middle of your city and I just don't think that's good planning. Corrie: Anyone else? Bird: I have nothing. Corrie: Okay. You have heard the request. Are you ready to go with a motion? If you are, I will hear it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't know what kind of motion is appropriate, but I guess I would move to deny the request for services by Westborough Subdivision. Corrie: Do I hear a second? McCandless: Second. Corrie: Motion has been made and seconded to deny the request for service for the Westborough Subdivision. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting February 19, 2002 Page 13 Corrie: Okay. All ayes. Motion for request for services is denied. MOTION CARRI ED: ALL AYES Item 7: Continued Public Hearing from December 4, 2001: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development - northwest Meridian Road and West Ustick Road: Item 8: Continued Public Hearing from December 4, 2001: PP 00-018 Request for Preliminary Plat approval of 264 building lots on 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: Corrie: Item Number 7 is a Continued Public Hearing from December 4,2001. Let me -- once we have been here before -- I have got to check the ground rules here for Public Hearings. We have got a mess of them and what I would like to do is -- what we will do, we will have the staff report first, then we will have the developer or the requestee have the first on the podium for five minutes. Then we will have the Public Hearing for the people in the public that would like to testify and we have three minutes for each person that wants to testify. Then after we are through we will go back to the developer or the requestee and they will have the last to answer questions that were brought up from the Public Hearing. So, with that in mind I will continue the Public Hearing now on December the 4th -- hearing from December 4, 2001. This is a request for an annexation and zoning of 100.71 acres from RUT to R-4 zones for revised Cedar Springs by Kevin Howell Development, Northwest of Meridian Road, and West Ustick Road. There is also a Continued Public Hearing involving a request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for revised Cedar Springs. So if the council doesn't object I will open -- continue the Public Hearing on Number 7 and Number 8 and testimony can be taken on both. With that, I will have the staff comments first. Stiles: Mr. Mayor and Council, I believe these applications were continued in part because of the continued work on the North Meridian Area Plan. You did listen to a presentation by Wardle and Associates regarding the plan at your last meeting. We did receive since the December 4th meeting revised staff comments from the Ada County Highway District and I believe a lot of that had to do with the road that was beginning from Meridian Road to Venable Lane. Mr. Tom Kuntz, the Parks Director, has some comments regarding this project and I would like to turn it over to him now. Kuntz: Thank you, Mayor and Council. The parks department just wants to go on record that we plan on submitting a letter to the developer agreeing to paying for four feet of the road on our northern boundary of our park and the curb and gutter, totaling Meridian City Council Meeting February 19, 2002 Page 14 approximately $13,500 by the engineer's estimate, and that is being done at the request of Ada County Highway District. We just want to go on record for that. Thank you. Corrie: Thank you. Any questions for staff? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: On our sewer through this -- this is the sewer that will -- that will eventually run through to our park; is that correct? And staff recommendation -- is there a recommendation that that sewer line be run to and through in the first stage or is this developer going to phase it in from the north side and we will just get sewer whenever the phase reaches the park? How does that work? Kuntz: Council Member de Weerd, Mayor and Council, staff's recommendation is that the developer is required to run the sewer through and to their southern boundary line to the northern boundary of the park as part of the first phase of their development. De Weerd: Okay. Thank you. Kuntz: Thank you. Corrie: Any other questions? Okay. Is the developer representative here this evening? Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? Lee: Yes, I do. Corrie: Thank you, Gary. Your name and address, please. Lee: I was just waving at you, I didn't know that -- my name is Gary Lee with JUB Engineers, 250 South Beachwood in Boise, representing AI Murdock, the developer. I believe the last Public Hearing that we had when this project was tabled, we had addressed all the remand items that Council had requested prior to that meeting and went back to Planning and Zoning. They re-heard those remand items and passed a favorable recommendation on to Council and I believe the Council was comfortable with that at that last meeting. I'm certainly glad to answer any questions you may have about the project at this time. Bird: I have none. Corrie: All right. Thank you, Gary. Lee: Thank you. Meridian City Council Meeling February 19. 2002 Page 15 Corrie: Mr. Berg, do we have anybody signed up on that one? Okay. Okay. Is there anyone from the public that would like to speak in favor of this project? Okay. Anyone against the project? I have Joe -- you wanted to speak on this subdivision? Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Simanich: I do. Corrie: Give your name and address, please. Simanich: My name is Joe Simanich and I live across the street from this. I have been to two or three meetings on this subdivision and I would like to have a little more information as to what is taking place now. Apparently, there have been some discussions with Venable Lane and other items and I would like to be informed of what they are. Thank you. Corrie: Okay. Anyone else like to issue testimony? Okay. Hearing none, Gary, do you have anything you would like to say in reference to what Mr. Simonich had to -- questions? Lee: Yes. Gary Lee with JUB. The question about Venable Lane was brought up about -- from the staff at the last hearing and the plan is to extend Venable Lane north from Ustick Road -- I'm going to guess on the dimensions, probably about 1,500 feet and we will dedicate our half of Venable Lane on the east side. There currently exists an old deed granting right of way on the west side of that center section line where that arrow is going down the map, so on the end there will be a full collector -- residential collector wide street from Ustick to the north and it will line up with the existing Venable Lane property. Thanks. Corrie: Thank you. Council, any discussion on the Public Hearing? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have a question for the attorney. This proposal was tabled for a couple of reasons. One was the question as to when the White Drain would come on line. The second was kind of a compilation of issues and those were in regards to being able to provide city services to this property and -- as far as police protection -- police, fire protection, and roads, those kind of issues that we are hoping are addressed in the North Corridor Planning. Can we take action on this and impose conditions that are not yet defined by the North Corridor Planning or can you put whatever is a result of that planning process to answer some of these issues that the city has in question? Is that too vague? I don't think you can really put conditions on something that are not yet Meridian City Council Meeting February 19, 2002 Page 16 defined. So I believe that in Bridgetower a condition was put on that they would adhere to any of the recommendations that came out of the North Plan regarding roads, but this is a -- we could look at something like that for this, but how about some of the other things that come out of that plan as well? Nichols: Council Member de Weerd, Mayor, Members of the Council, the only condition on Bridgetower that pertained to anything that might come out of the North Meridian Planning Area has to do with the requirement that the developer was willing to agree to, which was that in the event there was an agreement worked out generally between the development community and ACHD on how to more quickly fund arterials, the road construction. That Bridgetower would participate fully, along with the others, in that and what was contemplated there, if I recall correctly, was that the development community was looking at how can we build things more quickly so that the roads are there contemporaneous with or ahead of the growth, as opposed to lagging behind. Secondly, is there a way that the roads can be built less costly than ACHD's current per mile cost. So there were some ideas being explored, such as having the developers build the roads, private enterprise building them to certain standards and then having a reimbursement through some sort of phase-in thing out of impact fees or going to ACHD and then come back to the developers, kind of like a latecomer's fee. So, you could do something similar to that for Cedar Springs. If the applicant is willing to do that we would put it in the annexation and zoning portion, we'd put it into the Development Agreement, so that it's a condition of annexation, as opposed to a condition of Preliminary Plat approval. With regard to some of the other issues, the public safety issues in terms of furnishing fire coverage, police coverage, and those sorts of things, from the things that I have seen in the North Meridian Planning Area. I'm not sure that there is anything that's necessarily going to come out of that which would specifically address that issue unless it pertains to the issue of impact fees for public safety, which is something that city staff is already looking into. Those, of course, would have to -- they would have to be capital facilities planned. There would have to be zones created so that those impact fees would only be spent in that particular zone and you have that ability to do that now anyway. That is part of the building permit process and just because they build the subdivision and have the lots for sale doesn't necessarily mean that they pay impact fees at all once. So you could still do the impact fee ordinance for those things subject to the Public Hearing process and the rest of it down the road that would apply to this subdivision. It's not that this subdivision would get out from under having those impact fees as far as any heretofore unbuilt upon lots. Somebody that would buy a house that was already built would not have to pay the impact fee. But that issue -- and I also think that -- although I wasn't here on the December 4th meeting when this subdivision initially came before the Council, that was before the last attempt to raise the mill levy at .004. So I don't know if that answers your question, but it's very difficult for me to put conditions into a Development Agreement unless you specifically state what those conditions are. I haven't got my degree in mind reading yet, just ask my wife. Meridian City Council Meeting February 19, 2002 Page 17 Corrie: Tom, I had a question. On this revised plat, I don't notice that it shows where the street is blocked off at the park. So you will have a straight shot? ]s that going to be -- where is that place in there? Kuntz: Mayor and Council, if you move the arrow right back -- or right there, that road would now have to proceed to the north. Corrie: All right. Kuntz: And then come back around the block and come back down to the park. So, that section would not have a road in it. Correct. Corrie: Okay. That will be shown on the revised plat, though, for-- Kuntz: That would be my recommendation. Corrie: Okay. So they don't have a straight shot down there? Kuntz: Yes. Corrie: Okay. Kuntz: And that was actually JUS's suggestion and was supported wholeheartedly by ACHD. Corrie: And the developer as well? Kuntz: I believe so, yes. Corrie: Okay. Any other questions? Gary? Smith: Mr. Mayor and Council Members, I believe the developer has been holding off on granting the city sewer easement for White Trunk pending resolution of this plat. I don't believe there is a comment in our staff recommendations concerning the easement for the White Drain, but we really need to get that easement moving forward, if this plat is approved, by Mr. Howell. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess that would raise two questions for the applicant. One would be would you be in agreement to participate in any road assessment that might come down to help this North Meridian Area and you might want to comment on the easement that runs through that property. Meridian City Council Meeting February 19, 2002 Page 18 Lee: Gary Lee with JUS Engineers. As far as the road situation with Ada County Highway District, it really is similar to what they used to do in the old days where the developer would construct their portion of the roadway up to their -- Ada County Highway District standards. I think it's just kind of gotten away from that in the last few years and I think it's catching up to them now. As long as there is an equitable, way for a developer to get his share of the cost back through impact fees or whatever mechanism they come up with, it would be agreeable to do so. As far as the sewer easement is concerned, I have been working with Keller and Associates on the easement document. I have reviewed the easement once and made some comments, took them back to them to review. I have not seen anything back from them to date. I would like to see the final construction plans through that alignment as well just to be sure that we coordinate elevations for alignment and that sort of thing with the developer and the discussion with Kevin Howell on the easement. I don't think he has a problem signing that easement. He's reluctant to do so until we can secure an alignment for a roadway. We don't want to put that easement in there and come to find out the plan is denied and we got to come in with some sort of revised alignment and still make the sewer work, because they both have to kind of work together. Does that answer your question? De Weerd: Yes. Nichols: Mr. Mayor? Mr. Lee, if I may, before you get down, since I wasn't here December 4th, I'm not sure I'm understanding what we are talking about in terms of blocking off the street. Is that -- can you identify that lot and block, tell me -- or are you not going to build that lower portion of the street at all in there? Lee: That's correct. It's a non-continuous street. I handed out an eight and a half by 11 reduction of the plat kind of showing where that area was, but on the -- Nichols: So we have this drawing, which shows that-- Lee: Yes. Nichols: Okay. Can you tell me that block? Lee: We show that at least in our Preliminary Plat as Slock 12 and it's between Alexis and Greenwich Avenue and a portion of this continuous street is with that street. The blocks will likely change in the Final Plat. They tend to do that, the numbering system. Nichols: Okay. If we are going to put that into the Preliminary Plat findings I need to have something to tie it to and -- Lee: I understand. Nichols: -- I can't read the small numbers. Meridian City Council Meeting February 19, 2002 Page 19 Lee: I can't either. Thank you. Corrie: Thank you, Gary. Any other questions for the Public Hearing? De Weerd: Mr. Mayor, only if Gary's response works for our Public Works Department. Smith: Council Member de Weerd, Mayor and Council, yes, we understand their concern and we will be happy to work with them on their development plan, so that the manhole rims will work with their roadway design. We just need to get this easement document signed by the developer as soon as possible, so that this will complete our plan set that's going out for bid. I don't know at what point the developer would feel comfortable in doing that, but if this plat moves forward this evening, I would like to be able to submit that easement document back to the developer ASAP for his signature. De Weerd: I feel like I'm in a tennis match. Does that work for you, Gary? Lee: Gary Lee with JUS. It certainly does. I just wanted to point out the one comment that I did have on the easement is that there were -- there are two points of connection up in the very northwest corner on that easement document. I think the reason for that at the time was in negotiation with Mr. Kennedy and we'd like to see that northerly portion of the easement go away, because it really is not doing us any good to have an easement across that corner of the project. So hopefully you can get that situation with that other parcel resolved, so we don't have two easements going across there to do the same thing. Corrie: We would hope to have this the 19th of March anyway. Thank you. Anything else? Okay. Then hearing no more, I will entertain a motion to close the Public Hearing on Items 7 and 8. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public hearing on Items 7 and 8. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on Item Number 7, AZ 00-019, and Number 8, which is PP 00-018. Any further discussion? All in favor of the motion say. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? Sird: I have none. Meridian City Council Meeting February 19, 2002 Page 20 Corrie: Okay. I will entertain a motion on Item No.7, request for annexation and zoning of 100.71 acres from an RUT to an R-4 zone for Revised Cedar Springs. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for annexation and zoning of 100.71 acres from RUT to R-4 zone for the Revised Cedar Springs. To include all staff comments, as well as the revised plat, to also ask that the applicant participate in the -- I don't know -- Mr. Attorney, you probably have better words than I do on how to word the participation of anything from the ACHD road improvement from the north corridor plan and to have the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Okay. Motion has been made to approve the annexation of 00-019 and to include all staff comments and the original motion'. Any further discussion on the motion? Hearing none -- De Weerd: Do you want me to -- Bird: Mr. Mayor? Corrie: Wait a minute. Okay. Mr. Bird. Bird: I do have a -- I'm in favor of it, but I would like to see a stipulation that no Building Permits would be issued until the sewer is up and running through their place and ready to go on line. De Weerd: This motion -- I would agree to add that to my motion, if the second would agree. Nary: I agree. Corrie: Motion was to include no building permits at that point until the sewer line is in. Let the record show that both the motion and the second approve. Any further discussion? Okay. Mr. Berg, roll-call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion has been approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting February 19, 2002 Page 21 Corrie: Now Item NO.8 is the request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs, to also make special notation on the map that we looked at with the -- what street is that? Nichols: Mayor and Council Members, I'm looking at a drawing, which is dated November 30, 2001, by Gary Lee, showing a portion of Ashby Street between Alexis and Greenwich. De Weerd: Okay. As noted, then, by the attorney, to include all staff comments, and to ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and second to approve the request for Preliminary Plat with the conditions on Preliminary Plat 00-018. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from November 20, 2001: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Item 10: Continued Public Heari ng from November 20, 2001: PP 01-015 Request for Preliminary Plat approval of 214 single family lots, 4 future office lots, and 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Meridian City Council Meeting February 19, 2002 Page 22 Item 11 : Continued Public Hearing form November 20, 2001: CUP 01-026 Request for A Conditional Use Permit for 214 single family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt - northeast corner of East Ustick Road and North Meridian Road: Corrie: Items Number 9, 10, and 11 has to deal with Sundance Subdivision on the northeast corner of East Ustick Road and North Meridian Road. Number 9 is a request for annexation and zoning. Number 10 is for a request for a Preliminary Plat and Number 11 is a request for a Conditional Use Permit. With CouncWs approval we will open -- or I will open all three Public Hearings on 9, 10, and 11 and let the record show that you can talk about all three, single, or all three under testimony. With that I will open the Public Hearing on Numbers 9, 10, and 11 and ask for staff comments first. Stiles: Mr. Mayor and Council, this is for property located immediately east of the project you just approved. The city's 58 acre park would be located right here. The Cedar Springs Subdivision wraps around in -- beginning in here. Approximately 60 acres. And there is a drain running through on this side of the property. They are proposing to have office uses located on the corner at the intersection of Meridian and Ustick Roads. There is some internal connection. They do not have any details yet proposed for these projects, so it would be our recommendation that they come back through with a Conditional Use Permit for all of the -- any buildings on the site. We would like to see more internal connection and not have connections directly from the arterials in this location. They have significant block length proposed as part of this project. I'm not aware of any variance that they have submitted. I believe they are acting on some of the -- some of the variations that could be granted as part of a Conditional Use Permit of a planned development. Showing the park area with drainage in the center of the subdivision. This was continued for similar reasons as the Cedar Springs Subdivision. With that, that's all the information I have. I'm not aware of any other extenuating circumstances with this project. The sewer that would eventually serve this project, the property owner has already granted sewer easements I believe north of here to extend through further to the east. That's all the comments I have. Thank you. Corrie: Okay. Any other comments or questions of Council for staff? Bird: I have none. Corrie: Okay. This is a Public Hearing. Do we have the developer representative here tonight? Okay. Raise your right hand, please. Is the testimony you're about to give tonight the truth, the whole truth, and nothing but the truth, so help you God? Arnold: Yes. Corrie: Thank you. Name and address, please. Meridian City Council Meeting February 19, 2002 Page 23 Arnold: Mr. Mayor, Members of the City Council, for the record I'm Steve Arnold. I'm here representing Voigt Development. I'm with Briggs Engineering, 1800 West Overland Road. ] guess this is a project you have seen many times before you, so I won't go into specific details, but I will go over a brief history of where we have come to and where we are at now. Originally, you saw this project submitted to you in the year 2000 in September. It went before the P&Z staff and finally approved in February of 2001. It was originally denied by this board in April of 2001 for two reasons. One was you weren't comfortable with the four lots that we were proposing at the southwest corner of the project. We were showing this as R-4 lots, with the intention of re-zoning those lots into office use in the future. One of the reasons that this board wasn't comfortable with approving that is that you believed that we should come back with a PUD for the office uses. At that time the PUD ordinance didn't allow for the mixed use of residential and office, so after the denial we quickly turned this project around and submitted a PUD application, because during the process of being denied and our resubmittal, you approved a new PUD ordinance, which did allow for this office use. So, we submitted under the new PUD ordinance and we feel we comply with that with the amenities that we have provided. Since then we went to Planning and Zoning. We were approved by them, and then it came back to this board in November. We were deferred then for a couple reasons, one was for the North Meridian Developers, which has presented their plan to you. I know that's not been formally adopted, but I think the overall concepts were presented and favorably looked upon. The other reason was the sewer issue, which my understanding -- and after your approval tonight with Cedar Springs, the sewer easement -- and I'm assuming that Cedar Springs grants that to UHS. The sewer easements will no longer be an issue and that construction is literally imminent. We are supportive of the condition and the recommendations that you placed on Cedar Springs. I know my client is also supportive of that. There were two comments made earlier by staff and I'm not sure that those were in relationship to the staff report. There is only essentially two issues that we are asking to be waived on the staff report. One is a stub street there at the southeast corner to the east. Basically, it was made as a recommendation to avoid the block length variance. We are asking for a variance of the block length in that location. The stub is being recommended. It goes to a long narrow flag lot. That lot at that boundary is approximately 125 to 150 feet in width. I know that we have worked on doing a layout. That long flag portion there, you can't put a public street in one. You'd get two problems. You'd get double fronting lots for the one-acre lots to the east and on our side. So we are asking that that condition be eliminated, the stub to the east. The stub up to the north into that 12-acre parcel, we concur with and are planning to stub that. It is just that stub at that location that we are asking that that be eliminated. The other condition was a ped access to the four commercial lots. We are providing ped access just to the north of those four commercial lots out to Ustick, which can be utilized by pedestrians to access those future office lots. So that is the other condition. Staff had a comment in there in the staff report that we provide a north-south ped access. It was Planning and Zoning. They allowed us to eliminate that in favor of the one that we have got going east west out to Meridian Road. Those were the only two comments in the staff report that we are asking be eliminated. The other comment that was brought up tonight that was not in Meridian City Council Meeting February 19, 2002 Page 24 the staff report was that because you have not seen the specific plan for those four office lots, that we come back before you for conditional use. That's not a great issue right now, but in the staff report it says that if we go with the office use as submitted in the PUD application, that we wouldn't have to come back before you for the conditional use. So I guess we'd ask that the staff report stand as is, with the eliminations of those two conditions. My client, again, is asking that this board approve the Preliminary Plat and annexation, and the conditional use. Had you not approved Cedar Springs tonight I'd ask that you hold any kind of denial based on your comfort level of getting those easements for that sewer, because this board approved that. I think that the comfort level is there that you can look at this project, approve it based on your Cedar Springs approval tonight with those easements, that is the last easement for sewer. We did grant -- my client at this point owns the property to the north. We have granted easements for the White Trunk. We have been working with the city and we will work with them in the future on that. We are asking for an approval tonight and I will stand for any questions and -- or any comments you may have. Corrie: Thank you, Steve? Questions of -- Steve? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess -- Steve, stay up there, but I have a question for staff. On that road that is being stubbed to the east, why was that -- why was staff asking for that? I agree that we need to have interconnectivity between these subdivisions, but it's not feasible for that property owner -- perhaps that could just be a pedestria Meridian City Council Special Joint Meeting With Ada County and Ada County Highway District March 4, 2002 The special meeting of the Meridian City Council was called to order at 8:30 A.M. on Monday March 4, 2002 by Ada County Commissioner Judy Peavey-Derr. Council Present: Mayor Robert Corrie, Keith Bird, Bill Nary, Tammy de Weerd, and Cherie McCandless. ACHD Commissioners Present: David Bevins, and Judy Peavey-Derr. Staff Present: Shari Stiles, Gary Smith, Ken Bowers, Mike Worley, Tom Kuntz, and Will Berg Others Present: Kent Brown, Dave Vorgason, Frank Varriale, Jonathan Hennings, David Turnbull, Elaine Clegg, Don Hobbs, Sherry McKibben, Wendel Bigham, Ashley Ford, Christy Richardson, Kelli Fairless, Charles Trainor, Patricia Nelson, Don Kosteler, Nichole Baird Spencer, Matt Schultz, Jeff Patlovich, Steve Arnold, Jonathan Brunt, Eric Davis, Greg Johnson, and Terry Little. Peavey-Derr: Lets get started - we are going to turn this right over to Mr. Wardle. Wardle: Thank you very much. Like you, some of you at least, probably got up early this morning and read about us on the front page of the paper. The only complaint I have is that it talks about Wardle's plan. And, Shari gave them that information. (inaud ible) Wardle: Sometimes they don't try to (inaudible) when they write articles, they just write articles. And information, sometimes between quotes is even different, isn't it? Sometimes we think we have said - the point I simply wanted to make. The effort that we have done thus far is really the effort of a lot of people who have spent time and provided thoughts and most of all, I have been a facilitator to take some of those ideas and put them on paper. But I can't claim that I created or conceived most of those ideas. Now, depending on how successful the email system is, most of you should have received a copy - and I put some additional down here in case you didn't pick them up. We emailed out the agenda and an activity report and comments that we have received as a result of the January 30th open house. In addition, at each place in the room today, there is a yellow sheet that contains items that came in outside of that, that include the city comments, comments from the school district, comments from Ada County Planning Commission members, comments from the Parks Department and the Transportation Department, all of which will be incorporated into the process as we go along. On the table by Charles Trainor, this is only for - if you do not have it, you can pick one up as you go, but the basically the last draft which is January 30th, of the policies formulation concepts and the draft foundation report. Those are at that table along with just a little brochure that kind of explains the process that was also handed out at the January 30th open house. Our purpose today is to bring you up to speed on where we are and what remains yet to be completed. Jonathon, I had somewhere here a sign up - Peavey-Derr: I have it coming around- Wardle: Dave lets pull one off there and lets start around the outside as well. Peavey-Derr: I got ahead of you. Wardle: No you are fine. Actually we have already got you on the system, so only if you -just put your - if you are already on the list and have given us your information - if we don't have you on the list, put down your email address or your fax number. I do have some additional agendas and comment sheets if you didn't get those off your em ail system on Friday. We have a very active period of time in January especially in dealing with information gathering and preparations for an open house. We have 56 participants from the area, including elected officials and appointed officials. But there were a number of area residents that came out as well. We received comments from those folks and those are all contained. We had two forms of comments that night. One was a sheet that people would fill out - was at the very last station as they went out the door. They didn't have to stop and fill one out but that was all there and it was kind of a last thing they could either do at that point or take and respond. At each station we also had sheets that allows people to make an instant comment. So all of those are contained in this item that we sent out to you by email and also on the table today. In quick summary, there was - I am going to characterize it as general support from about half of the people who actually gave comments or some neutral. But many people like the idea that we are going through a proactive process to try to deal with growth issues as long as infrastructure issues. There were some people who questioned the process. I am not certain that they really liked the idea that urbanization was coming out into that area. There were some people who were still focused on concerns for what is happening in Section 34 where the Waste Water Treatment Plant is and the question of industrial uses versus the original or existing Comprehensive Plan that had open space and so forth around it. There were several interesting comments about the transportation system. But frankly not that many people looked at the transportation system as much as they did the land use. In going through this process now, I will have to also confess that during the month of February, we essentially kept the comment period open until the middle of the month and we received - well we actually had a meeting with city staff about the 20th of the month and received some comments from them. We have not incorporated all of these items as yet. That is what is going to happen over the next two weeks and tentatively I put it on the calendar up front here, next Thursday, the 14th, that in this particular room to bring back all of the technical folks who have been involved in this effort to really go back into the questions of the land use and the facilities and to come up essentially the final recommendation. I am not saying they will definitely get everything hammered out at that point, but on the 14th at one o'clock p.m., in this particular room we will be looking specifically and we will actually go through the draft policy recommendations before them and have them redlined so that people can see what the comments were. But its my hope that we can come to grips with the concerns the city staff has, and they have actually given us comments that I think have merit in order to qualify how some of these facilities will be in place and where they would go and the magnitude of those that we definitely need to deal with. We still will have something that is different however from the comprehensive planning effort that the city is undergoing right now. I guess I want to stress the fact that we were taxed originally to think outside of the box. Both land use issues as well as the provision of infrastructure, and that is what I believe we have done. The city staff comments deal with school siting issues and that is one that the school district has concerns with as well. Parks has come forward with some comments that we will look at furiously. Transportation issues, the question of Black Cat Road, the Chinden frontage, the collectors, bike lanes, all those elements will be factored into the land use concerns. Then of course the question about the land use issues and the mixed-use concept. I want to reiterate to everybody that when you look at the concepts here, the intent is not to suggest that these bubbles and large bands are commercial. They are mixed-use areas with the flexibility depending on market conditions and determinations made by the private sector, of where major facilities could go. And if they go there, what qualifications there are on the uses, both residential in terms of density as well as the magnitude of any services or retail activity that would occur there as well. So I realize that our perception some of these is clouded by what we see typically on a map of a large area designated something different from residential to being canvassed purely mixed-use. So we have got to reconcile that question on how we carry it forward from a paper concept - staff offered a very important suggestion that we have to bring forward the standards together with that map so when we get the ideas in front of the elected officials that have to implement, that they know precisely what they would be implementing. One of the things that - when we met with staff, the real question was, how do we encourage - we talked in the past about incentives - how do we encourage what the community would really like to have as compared to what we have done up to this point in time? Obviously the process is the key. So one of the things we are going to be looking at, and we have already started gathering the information from national resources. Certainly there are a lot of people around who have thought through some of these issues, but the question is simply, can we create an alternate code? This was a term that was applied to an individual who recently came to town, who was talking about drainage and so forth. But he talked about the way you encourage what you would like to accomplish, is have an alternate code that would enable people to, if they comply with that code, go through the process much quicker that somebody who does just the standard, by the book zoning and development program. so we have started to gather this type of information. We have got a lot of the resources ourselves and we want to be certain that it fits Meridian, Idaho, however, we cant just take something from any other location and say that it will work here. We have to be sure that the terminology and the concepts really fit the reality of what roles will be in this region. One thing that I did agree with in the newspaper article this morning was that under either scenario, the city's plan or this plan, much of the development will be the same. I think the difference will be the flexibility that is proposed in one versus a little bit more rigid process to modify that embodied in the other. So we had some other comments that were kind of important. They came from folks in the area, of north Meridian. One obviously, the residents issues and concerns need to be addressed and anybody that participated and signed in will receive information from this process from this point forward, if they were willing to give us names. We also have to recognize that there are existing developments. Some of them are acreage types. But it still goes back to the same question that almost the - the article suggests that a decision has to be made, of what north Meridian is. Will it be an urban community with services, schools, parks and all these elements combined with the infrastructure in a more concurrent manner or will it be a semi-rural area? In fact it was interesting, I don't see any county Commissioners here but Ada County Planning Commission members, several of them, expressed the desire to have a rural environment in north Meridian. And I am not certain that that planning determination by the elected officials some time ago that this is in fact an urban service area and an area of city impact. But that decision is long gone. Where we are then, it is confession time, because we had anticipated that by this meeting that we would have these concepts passed out and formulated (inaudible) we would be almost ready to hand it off into the process. But as noted we went through a comment period and there are still some items, and I wont put the bad mouth too much on ACHD staff because I haven't been bugging them but there were three things that came out of the last transportation workshop that we had with ACHD. One was to help identify a little bit more closely the standards for the arterial system so that we can minimize the number of lanes, make certain that we didn't end up having more asphalt than what was necessary, and that we accommodate drainage in a more mobile manner. The third element, the drainage being one, the standards the second, the third one was how we deal with the question of getting those improvements done in a concurrent manner with development. And Todd Brokoff (sic??) indicated he would do some analysis and get us some information on LID's and so forth - again, I have not frankly been bugging them to provide that information, but it needs to be done and I have talked with Bond Council that deals with local improvement districts and other such facilities throughout the region. The comment that was made to me, if I can find my notes, was that, as I recall, that an LID format is procedurally intensive but its doable if the parties sit down first and create the structure that probably differs from what you would do if you simply imposed an LID on an area. In essence, you could make the decisions up front on how that structure would take place. I have a meeting scheduled this week with that same individual to talk about, is there any other opportunity under state law to deal with creation of another entity or method by which infrastructure can be funded outside of an LID process. I don't the answer to that question at this moment. The other, lets go back for a moment to the land use question, I also had a discussion with land use attorneys to ask the question, can we structure an alternate code under state law that would allow us to have a different method of approval. And I didn't ask you Bill, but I guess you are going to be faced with the question at some point. The answer was, state law does not preclude creation as long as you through the process of putting that into effect the public hearing process and make certain that the codes and all the standards and so forth conform. It probably would have to be area wide, but it could also be focused for, at least the initial stages of testing on a north Meridian area. that is a legal issue that is going to have to be addressed down the Hne, but clearly the question is do we go through the exercise and find ourselves unable? But I think that we have the ability just as you have the ability right now to adopt any ordinance that deals with subdivisions, zoning and so forth and create a standards based or performance type program that would in fact create a different process and perhaps some incentives. So we have two items of significance really to deal with in order to draw this to a conclusion. I am going to suggest and I have already looked at the calendar at the front desk, that we come back on the 22nd of April at this same hour and we will have at that point, certainly out ahead of that, all of the framework completed, taking the terminology draft off documents with recommendations and process ease that would enable us to actually now move forward. I think that will occur close enough to the same process that the city is currently involved with in its comprehensive planning, but many of these elements can be discussed and perhaps adopted at the same time. But we will have to look at ordinances, at standards, it is going to take a fair amount of time to do that. That is my commitment to the development community and to the elected officials to get this finished in a timely manner. I have anticipated that we would be there much closer to this date, but in addition to the effort we had this month, I took some time off and went to the Olympics. Peavey-Derr: Are there any - does anyone at this time have a problem with the 22nd? Wardle: Monday the 22nd, (inaudible) Wardle: This map is a result of , lets take one step back - ACHD funded a study through the Washington Group that dealt with the question of what growth patterns would be, and they used the numbers we have seen before to generate a map that shows how many lanes would be required on the infrastructure system in north Meridian based on this, what they call a 20 year build-out scenario. The modification that has been made here is they identify both Linder Road and Ten Mile as the key links north and south. Looking at the system and the reality anticipating that the Ten Mile Interchange will occur and it is possible in the future with Robinson Road, we also looked at and concluded that the length to the Emmett highway up and back that is one of the objectives, made more sense on the Black Cat alignment that it did on the Ten Mile and at least wanted to get that on the table. As a result, we are saying that if that were to occur, instead of a five lane facility on Ten Mile, that would occur over on Black Cat and essentially create a four square mile area here and here that would have at least some closer relationship and not be as separated by the transportation system. Now that is a decision that obviously has to be made through the long-range transportation process. It involves not only Ada County Highway District, it involves the State Transportation Department. One of the comments that we received at the open house on the instant comments sheet was that don't preclude even the possibility of a Black Cat interchange, and that is not even a consideration from our perspective and frankly a statement was made that others will have to deal with. But we are going on the assumption that issues were already determined on where those interchanges would be and simply looking at how that would affect north Meridian. Peavey-Derr: Terry could you speak to the tech committee recommendations? The reason I ask the question is that some other information has come out, and you may want to merge your thinking with COMPASS and the tech committee that - could you speak to that? Little: The transportation connections study, the two county look was trying to develop some projects that would take the congressional delegation, and indicated that if we come up with (inaudible) there were several different elements to it, and so four projects that came out of that, one of them was to look at the extension of Highway 16 from Emmett Highway and Highway 44 down to either Black Cat and Ten Mile via either Ten mile or Black Cat, so it left out that whole two mile or one mile corridor, either Black Cat or Ten Mile all the way and including possibly the Black Cat interchange. Peavey-Derr: and if I am incorrect, please tell me, but it seems to me as though there was more weight for the Slack Cat interchange than there was for the Ten Mile - from ours - Wardle: I don't have any idea. Little: For the interchange, Slack Cat is more desirable from the corridor standpoint because Ten Mile is locked in, that mile from particularly from Cherry to Ustick is only, is not a five lane section there, you can get about four lanes without a bike lane, its pretty tight. So certainly the corridor along there, Slack Cat is much more open that you can still use something like is shown there where you come across and use the Ten Mile Interchange. Corrie: Madam Chairman. Peavey-Derr: Yes. Corrie: We are, the City of Meridian is still dedicated to the Ten Mile, very very seriously. Not Slack Cat -- we would like to see that come in. If you want to come in Slack Cat due to the people and everything that is on Ten Mile, come down and connect to the Ten Mile Interchange. Sut the Slack Cat Interchange is probably twenty to thirty years off if at all. Ten Mile is much, much closer. Unless I am mistaken from the Council's viewpoint, we want Ten Mile. Wardle: and I want to clarify, just reiterate that our intent was not to try to provoke any decisions but to simply talk about the impact of a system improvement on north Meridian knowing that if that were to be the interchange, that you could still get there. it is really just a question of where the traffic desires are. Peavey-Derr: Mr. Turnbull. Turnbull: I think the input we have got through this whole process is number one, the Slack Cat aligns better to the State Highway 16 and two, corridor preservation is much easier (inaudible) how - those decisions somebody else has to make and we are not pretending to make them for them here, but that is kind of the input that we have received. De Weerd: It was great seeing that map, and that is one thing I really appreciate, seeing how that would line out. We are very committed to Ten Mile and I know that the interchange corridor study has never mentioned Slack Cat. Peavey-Derr: This was just on the funding proposal with the Feds, so they were looking at choices, that is all they were doing. Just for the study. De Weerd: Well we don't want to muck the water up, so we can knock the Slack Cat off of there. Sut it is true, most of our land development, Ten Mile is really complicated to do anything like that - Slack Cat makes much more sense. Peavey-Derr: Any other comments? Yes, Mrs. Clegg. Clegg: Mike, whomever, comment to me about Linder versus Meridian Road. I know I have heard some concerns that Meridian Road hooks up again with the interchange on the freeway. This process, we have looked at Linder because of the bridge and the connection to State Street. But I am beginning to hear from people in Meridian, that they believe Meridian Road actually has a lot more traffic in the City of Meridian because most peopl~ will be going south to access the freeway rather than going north to access State Street. Wardle: Shari, if you have a comment, help me find that, it might have related more to a land use question than that issue, that Elaine just raised, but it was still a question between Meridian and Linder, which is on page three- Clegg: I guess it relates to land use in terms of where would that community center in the larger neighborhood centers be located. Wardle: And that is the question that is on the third page before that the city staff raised on item number two, in terms of a mixed-use community scale which we are showing right now on Linder versus Meridian Road, and that is an issue we need to talk through and see what does make sense. The reason we were looking at Linder, frankly, was simply acknowledging what Washington Group had done for ACHD in looking at the transportation as it currently exists. My own personal perspective, it probably still is the one that - you know Meridian Road does make that alignment, it may not be the one to carry the most traffic but I don't know what the counts are. Turnbull: If you go from three to five lanes on Meridian Road - (inaudible) I think that makes a lot of sense, that the further south you get in the north Meridian planning area, the more traffic will be heading towards Meridian, up north three lanes is probably appropriate because you will get some split, you will get a lot going to Chinden. Wardle: And these again, these numbers with the exception of Ten Mile and Black Cat are the numbers that came out of that Washington Group study. I also wanted to stress that one comment we received was the schematics that we showed for the arterial roadways, we actually show two lanes except for where the third lane was necessary for turning movements on a controlled environment. The same thing with five, so, we are also hoping that in the design that we don't have the mile long center turn lane at either, where the two lane is all that is really required or the four lane versus five so that we- Turnbull: Do you have that schematic here? Wardle: I honestly did not bring it - it's a big roll schematic. I need to have it chopped down and did not. But the intent there was, what has happened, lets control our access to a point that we don't have the extra lane, the extra asphalt, the greater drainage and in fact, gives us some room to put some of the drainage features into the arterial system on site rather than collect it, convey it and deal with it on a reasonable basis. That is one of the issues we need to really deal with your staff. Turnbull: That is also a key to the land use, as well. People see this map and they fear strip commercial all the way along. If you have the access control, that would be large measure of control of where commercial goes. Like Mike said, those are not intended to be commercial anyway (inaudible) mixed use. Peavey-Derr: David. Turnbull: I have a couple three questions. There is a little confusion on the area on the scope here, are we talking five square miles, or ten square miles. or twelve square miles? This one shows ten -- this one show ten and that one twelve. So do we go clear to McDermott? (inaudible) To me it's a little confusing and even though (inaudible) maybe we should clarify that, and I guess that one includes the area from Locust Grove over to Eagle Road. Wardle: Ves, because that was the transportation system issue that came up. Dave, really the reason we focusing on the ten square miles here is - we are not ignoring the other section on hand but Boise's area of impact comes into section 29 and takes up half of the area east of Locust Grove and then there is some differences here, but there has also been a lot of development committed to that area. so this had the I guess, more open opportunity ahead of it. Certainly the city is probably going to apply these standards across the board out here but we were just looking primarily at this ten square mile area. Peavey-Derr: Dave? Bivens: Another follow-up question relative to the Ten Mile and Black Cat. I serve as a member of the Ad Hoc committee that worked on this back in '99 or I think it was '98 and '99 that we worked on that. Ten Mile was the one that was identified as one that would help relieve the congestion in the Meridian area, that and our overpass at Linder and Locust Grove. It is my understanding that ITD has Ten Mile interchange on their radar scope right now. I think if we were to change courses in the middle of the stream, so to say, we may delay what is needed for the opportunity to move that ahead. I would agree with what Terry is saying along Ten Mile. You do have some definite restrictions in there that are going to make it tough to go down Ten Mile. So, the proposed plan you have here makes some sense and it should be. We have got an overpass in both of those and that should be allowed to access and accept traffic either way. Peavey-Derr: Mayor. Corrie: Madam Chairman, a congressional - or senator's office and also the representatives are very aware of what we want at Ten Mile and they are working with that as an assumption and it will be at Ten Mile, from a congressional standpoint. Every time I go back, when I come in the office, they know exactly what I am there for, and they have pretty much agreed to that as well. Peavey-Derr: Any other comments or questions? Is that about it? Wardle: That is all I have on my list. But I wanted to stress that we are going to, over the next six weeks, get this done so that Meridian can deal with it, hopefully and deal with your Comprehensive Plan adoption, but also get the comments that have been provided. It gives everybody the opportunity to make some decisions. I will be calling up your staff too, to get some of these other (inaudible) so that at least we have a recommendation to provide. It will largely fall on your (inaudible) rather than the City of Meridian with the overall concern of getting the facilities in place in a more conformed manner, is the objective. Peavey-Derr: Bill (inaudible) Wardle: (inaudible) Bill deals with land use - (inaudible) I guess we are going to have to put a task force together on that. Little: Just one question on the traffic numbers. If you get anything - when we last look at it, we assumed Ten Mile was going to be the main thing. Did you get any kind of supplement to verify that you can shift it to Black Cat and (inaudible) to get by on Ten Mile or anything? We can't just assume that the main route is there. Wardle: It is an assumption at this point. I don't know - there was a subsequent or a follow up report, I don't know if that is being incorporated or not. Was that coming from Development Services, the additional work from Washington Group? (inaudible) Was it purely the economics? They perhaps have not been tasked to even look at that one, Terry. Peavey-Derr: Yes? Bivens: I guess this is for Terry or for the others on the committee, relative to the two different concepts here, the access transportation needs in each one of them - maybe Terry can answer this, do we need to identify which one we think is the right one or should we develop what we feel is needed in each concept and see which one would help? Maybe that would help to bring forth the agencies. I have only sat in on one of those with you folks. Wardle: The city is grappling with a lot of that right now so I am not sure if this group has the time or ability to deal with the needs of it - I think all we are tasked to do is to bring forward a concept that everybody at this table, the elected officials of all three jurisdictions obviously will have some process involvement. Peavey-Derr: David. Turnbull: I guess from my perspective, we have been going down the road now for eight months. And each step along the way Mike has put up the concepts that have been developed in conjunction with every body at this table, and so we are a long way down the road and if anybody has any different input I would hope that they would say, hey, we don't agree with this. But so far, nobody has said that, so from a transportation standpoint, I think that these are the numbers that we have taken from ACHD and put on the map. I don't see how any of those probably would change between one or the other anyway. But I guess my point is, we haven't heard anyone saying, hold the bus here, we are off target, so I have gone forward with the assumption that everybody likes what -- this is an assimilation of everybody's input. Peavey-Derr: Okay, is there- Wardle: Judy, just one last thing, again there are items on the table over in the corner if you don't have the last version which is January 30th - either the policy formulation or the foundation report. A week from this Thursday, on the 14th, technical group, we will get this out over the email or fax, will meet here to really go back into the question of the land use and facilities issues, and then on the 22nd of April, the culmination of this forum will be presented at 8:30 a.m. Peavey-Derr: Terry, did someone have one last question? Little: We still have questions on the precise number of lanes, what the intersections will look like - I don't say hold the bus, we have got to move forward carefully and refine this, and I don't know that we are at odds on anything but there are still questions as to exactly how those numbers fall out. You can't move a river crossing a mile and say yes, we will just move the numbers. It does take a little more looking on that. Peavey-Derr: Okay, if there are no further comments, we are going to be kicked out of here folks, so I have to push you along. Sorry about that, but thank you very much Mike, you have done excellent (inaudible). We are adjourned, thank you. Meeting Adjourned at 9:13 a.m. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 1--12102 DATE APPROVED c/. .. '/ ,;2 - /'1" D :;2----.... Item Packet Pickup Project Picked up by Date Time Employee / / ;.;f{f Initi~ls /' c- ~/ ~M ,-/:iK /Z/. /f(// (j.l-f~~ a;/q/ y.'iO ~~\ 1 /)u~ J;%2 !: / 0 ~l~\ 1/) IU~~ ,/;-/C;();> {~':/c. 11 \ / . - ( 1'\ ;J l&.-cly, ?-l({-CE- q: IS ~A ....- -r 110-'-( d -v- .;,L!I'1/p~ 1! 3 < J ~ 61 ",,1-\ 1\I>,~tcct ''J/JCf~J 1,~1h ( \[ [)/fiY'ft~, ~ z/l;/o-z- 10 :S~ U\/C\ / IAJll 11:tJ (J. d/!, . ~ ~ 1;; f;): Ii (P \\ I,a--- -d6--~, B!",t 4~:s~ QJ ,,; /' v ( J;-j j;)~)/-rk ~: h ~Sll J/-br sk'l{ CI!rw. fA1. j-. I :rW'~ !{jtJcni~t4t-- .\.--?~ v ~ - ~ l:e. (--€A ~L LAO'''- / ) I'L 1lJ Y y freTA {r-),\ (. 'd- TIS JI.-crb /I;J.-,y' I /.,-",/ .4" F V (-:J L t./l/crot:::: -(J jJ-J1JilUA1 ) ~) rf2.rL6, ra~~ <;"'~ February 15, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING February 19 t 2002 APPLICANT Police Department -- Chief Worley ITEM NO. REQUEST Access Control System Agreement with The Security Group L\-~-I_ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached ~ Oi; I~ Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. THE SECURITY GROUP PROPOSAL Date: 215/02 Job Number: MERIDIAN PD TO: MERIDIAN POLICE DEPARTMENT 201 E IDAHO MERIDIAN, IDAHO 83642 ATTN: CAPTAIN DAVE BOWMAN RECEIVED - 6 2002 City of Meridian City Clerk Officc< We are pleased to submit teHowmg bid: Job Description: ACCESS CONTROL SYSTEM) ---- EQUIPMENT QUANTITY DESCRIPTION 1 ILCO MILLEN1UM 2.0 SOFTWARE 1 ILCO SCU - PIN 149-101117 (Site Control Unit) 3 ILCO 12V POWER SUPPLY - PIN PS1-100212-001 2 AL TRONIX 600UL LOCK POWER SUPPLY 1 ILCO SITE ETHERNET INTERFACE 18 ILCO DCD - PIN 149-100958 (Door Control Device) 18 HID PROXIMTY READER 1 ILCO WORKSTATION SOFTWARE PACK 1 ILCO SERVER SOFlWARE PACK 2 EMERGENCY PUSH BUTTONS AT FRONT VEST. 4 INTERCONNECTION WITH "RELEASE DOOR" BUTTONS 4 12v 7A BACKUP BATTERIES 1 CABLE I WIRE - PLENUM 1 MISC. MATERIALS AND SUPPLIES MA TERIALS SUBTOTAL: I $23,775.00 Labor DESCRIPTION 1 LABOR: CABLING, TERMINATION, PROGRAMMING, TRAINING. Price valid until: 3/5/02 LABOR SUBTOTAL: TOTAL: $9,700.00 $33,475.00 " INTRUSION. CCTV . ACCESS CONTROL' FIRE THE SECURITY GROUP PURCHASE AND INSTALLATION AGREEMENT 357 E Watertower Lane Suite H Meridian, ID 83642 (208) 895.8400 1(208) 895.8401 fax Agreement made by and between The Security Group, Inc. (hereinafter referred to as "Company") and Meridian Police Department 201 E Idaho Meridian, ID 83642 Proposal: 2/5/02 Access Control (hereinafter referred to as "Client"). I. PURCHASE AND INSTAllATION OF THE SYSTEM The client hereby purchases the equipment itemizcG on the attached Proposal (hereinalter called the .System"), and Company agrt."Cs to install such system upon the following terms and conditions hereon and any addenda or uschedules~ attachL-d hereto, Cu:;tomcr acknowledges reading all attached items. 2. CONDITIONS OF PURCHASE AND INSTALLATION A. Provbion of any s<.-rvices or materials C{lvcred by the AgrCi."lTlL"Ot i< conditioned upon the terms and conditions containcd hL't'L"in. Any additional or different terms or conditions propOSL-d by Client are not binding upon the Company unk'SS specifically agreed to in writing by the Company. B. Client authorizes Company or its designee to enter the premises of the CliL'tlt to iru,-ml1 the ,)'stL'lll, and to make any preparations appropriate to the installation or service of the system, such as drilling holes, making attachments, etc. Company shall not be responsible for any damage created by installation, service or removal of the system. C. Client will provide all conduit and line voltage and telephone hookups necessary for the installation, maintenance and operation of the system. Any costs incurred by the Company resulting from such items not being in place at the proper time shall be \xJrne by the Client. D. Client shall identiJY any rules, regulations, standards or codes with which the ;,)',"tem mu;,"t comply, and shall obtain and pay for any necessary licenses or other certificatcs of compliance with same. Client is solely responsihle for any taxes (including sales taxes) fees, false alarm finL'S, and any other governmental asse;,,'mlents related to the alarm equipment or systern operation and shall reimburse and indemnify the Company for any such CXJ>Cnses incurred by the Company. The Client and Company are each rc;,-ponsible for obtaining any necessary licenses or permits needed to perform their respective obligations under this Agreement. E. Client shall pay to the Company any costs incurred by the Company for any additions, corrections or changes to the system that may be requested or required by the Client or by anyone elsc except the Company. Cl tent ha.~ approved the location of all components of the ~y.>tem. Any changes in location requested by the ClientaJter the signing of the Agreement will be at the Client's expense. 3. WARRANTIES A. The sy,1:em and its components are or may be covered by manumcturers' warranties having various terms and durations. The Company makes no separate or additional warranty as to the ~y.>tern or its components, except as ;,pccifically provided in this agreement. B. The company does warrant that the materials installed under this Agreement shall be as specified in this Agreement and shall meet the manufacturer's s[X'Cifications for same at the time of original io.-mllation, except that the Company may substitute materials of equal quality at the time of installation. Should any part of the system become defective or should any repairs be required as a result of defects in materials or workmanship, upon notice to the Company by the Client at the Company's address set forth herein, the Company agrees to make all necessary repairs and/or replacements of parts promptly and without co;,t to the Client for a period of ninety (90) days from the date of in,laIlation, ,1Jbject to the Buyer's compliance with the condition of the warranty set Forth in this Agreement, and availability of replacement parts. The Company may either replace or repair the product, and may substitute materials of equal quality at the time of replacement. This limited warranty docs not apply to any damage to or defects in materials or equipment caused by accident, misuse, unauthorized repairs or attempts to repair, modifications or improper installation by anyone other than the Company. C. Client agrees as a condition of this limited warranty to te;,t and in;,-pect the ~)'~"tem immediately upon ~1Jb:.tantial completion of imlallation and to advise the Company within fifteen (15) days of any defect, error Or omission in the system. At the end of said fifteen days, the installation shall be deemed satismctory to and accepted by the Client. D. EXCEPT AS SPEQACALLY SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MAlTER WHATEVER, INCLUDING WARRANTIES OF HABITABIlITY, MERCHANTABIUTY OR ATNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO WARRANTIES OR REPRESENTATIONS WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT. E. The Company does not represent, guarantee or warrant that any system provided by it under this Agreement will operate as designed, or is suitable for any particular purpose, or will prevent any loss by burglary, fire or otherwise, or will in all cases or any particular ca.-:e provide the detection for which it is intended. The Company represents only that the components of such sy;,"tem meet manufacturers' specifications at the time the sy,"tem is originally instalk-d. Company i. not an Inrorer ag:nru."t loss of damage, and all insurance arrangements to cover loss, property damage or personal injury must he made separately by the Client. The Client assumes all risk ofloss or damage to the premises or to the contents thereof, as well as all risk of the physical or mental well-heing of persons therein. Company shall not he responsible for consequential damages or injury of any kind. Client hereby acknowledges that Client has read and understands this entire Agreement, including the terms and conditions on the back of this page, in addition to any Addenda or "schedules" that are attached hereto and are fully incorporated into this Agreement. This Agreement is not binding on Company without Company's management approval. Company: The Security Group, Inc. By; Title: Date; Client: By: Title: Date: Meridian Police Department " INTRUSION. CCTV ACCESS CONTROL. FIRE 4. NO SERVICE PROVIDED A. Except as '-pccitlcally provided in the Agreement, the Company ~hall not be obi igated to provide scrvice of any type on the sy~tcm or any of its components. [f the Client wishes the system to be serviced, monitorc'<l or inspected by the Company, such an agreement shall be included and attached as an addenda. B. If the Client shall discover a defet.'t in any of the product:; purchased under this Agreement, Client should immediately notifY the Company so that repair service, whether or not covered by warrant, may be p~omptly rendered. S. TRAINING Company will provide instructions to Client in the appropriate use of the system. However, the nature and extent of this tnining shall be in the sole discretion of the Company, and Client is solely responsible for training all users of the system in it.~ proper operation. Company shall not be responsible for damages of any kind based in any way on a claim that its training Was inadequate or that the Client did not know how to operate the system properly. 6. TITLE; RISKS OF LOSS OR DAMAGE A. Title to .ne system and all of its component parts shall remain in the Company until the Client has paid for the ~ystem in full, at which time it shall become the property of the Client. Company or any subcontractor engaged by the Company to perform work or furnish materials who is not paid may have a claim against the Client or the owner of the premises, which may be enforced under the applicable lien laws. B. Alter instillation has commenced and until installation of the '')'Stem is substmtially completed, the Company shall bear the risk of loss thereof. However, repairs or reinstallation necessary due to damage to the system caused by persons or entities other than the Company sh;UI be at Client's expense. 7. DEFAULT BY CUENT If the Client defaults in the performance of any of its obligations under this Agreement or any other agreement between the parties, including f.llIurc to pay to the Company any monies whcn due, the company may suspend performance under any ~1Jch agreement, and may pursue against the Client any remedy available at law or equity, now or in the future, including collection interest on any unpaid balances at the rate of 1. 75% per month, and in addition, if the Company commences legal proceedings or retains the services of a collection agency or attorney to enforce its rights under this Agreement, Client shall also pay Company's reasonable attorneys' and collection agency fee;. In the event oflega! action between the parties in connection with their respective rights and obligations under this Agreement, the parties waive trial by jury 3l1d Client waives the right to interpose any counterclaim in any action or proceeding commenced by the Company. 8. INDEMNIFICATION, DAMAGES AND UMITATION OF LIABILITY A. Client shall defend, indemnifY and hold harmless the Company from any expense, liability, loss, claim or damage, including personal injuries, made by any person including those not a. party to'this agreement, relating in any way to the system(s) or servicc(s) referred to in this agreement, without regard to whether the Company was at fault. Client on its own behalf and on behalf of any insurance carrier waives any right of subrogation Client's insurance carrier may otherwise have against the Company, its agents, employees and subcontractors arising out of this Agreement or the relation of the parties hereto. B. Client's exclusive remedy for the Company's breach of or lailure to perform under this Agreement or relating in any way to any relationship between the parties connected with the system referred to In this Agreement, for any reason including negligence or gross negligence, is to require the Company to repair or replace at the Company's option, any equipment or part of the security agreement which is non.operational due to fault of the Com pany during the limited vnrranty period according to the terms and conditions contained in this Agreement. C. The value of the Client's property or the property of others kept on the premises at which the system is installed, which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the System is designed to detect, alert or avert is completely unknown to and outside of the control of the Company, and Company is not an insurer. In addition, the company has no control over response times of any emergency service provider, and it would be extremely difficult to ascertain what portion, if any, of any loss or damage would be proximately caused by any failure on the part of the Company. Charges are based solely upon the value of the goods and services provided, and are unrelated to the uses made by the Client of its premises or any property thereat, or the well-being of people thereon. The 3ffiounts payable by the Client are not sufficient to warrant the Company assuming any risk of damages, including consequential damages, for any property damages or personal injuries,' due to COmp3l1Y's negligence, gross negligence, Failure to perform, or any reason whatever. Client agrees that it doC!! not desire the Company to assume any risk of damages, and agrees that .ne Company shall not be liable for same. Client further agrees that if the company should be found liable due to any lailure by the Company to perform any obligation, under this Agreement or otherwise, or the Failure of the system to operate properly in any respect, Company's liability shall be limited to 10% of the total purchase price or 5250, whichever is less., and that this liability shall be exclusive. Client may, at its option, increase the ~ount oftms limited liability by separate agreement with the Company at increased cost proportionate to the Company's increased risks, which shall not be insurance coverage. 9. ASSIGNMENTS AND DELEGATIONS The Company may assign this Agreement to any other person, firm or corporation without notice to or approval by the Client, and may subcontract any activities, which it may perform under this Agreement. The Client may not assign or delegate any rights or obligations under this Agreement, either voluntarily or by operation of law,' without advance written consent of the Company. 10. INV AUD PROVISIONS If any of the parts of this Agreement shall be determined by a court of competent jurisdiction to be invalid or inoperative, all of the remaining parts shall remain in full force and effect. . II. ENTIRE AGREEMENT This writing is intended by the parties as the finale expression of their Agreement and as a complete and exclusive statement of the terms thereof. This Agreemcnt supersedes all prior representations, unden;tandings or agreements between the parties; tI1cre are no prior writing, verbal negotiations, understands, representations or agreemc'flts not expressed in the Agreement, and the parties rely only upon the contents of this Agreement in executing it, and have not relied on any other representation, oral or otherwise, made by the parties, their agents or employees. This Agreement may be modilled only by a writing signed by each of the parties or their duly authorized agents. No waiver of breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. This Agreement shall bind and benefit the heirs, successors and assigns of the respc-aive parties. 12 RECEIPT AND REVIEW OF AGREEMENT The Client specifically acknowledges that it ha.~ received a copy of the Agreement in its entirety and ha.~ read the same, understood it and agreed to its contents before signing it. l THE SECURITY GROUP February 5, 2002 Meridian Police Department Attn: Captain Dave Bowman 20 I E Idaho Meridian, ill 83642 Dear Captain Bowman: Thank you for choosing The Security Group, Inc. We look forward to serving your company. Enclosed are two copies of our "Purchase and Installation Agreement." Please sign both copies and return them to us. We will then sign the agreement and return one signed copy for your records. Again, we look fOlVlard to working with you. If you have any questions, please contact us at (208) 895-8400. da \ INTRUSION' CCTV . ACCESS CONTROL' FIRE I' , INVITATION TO BID I I I I I I I CITY OF CALDWELL NEW CALDWELL POLICE FACILITY 110 S. 5th Avenue, Caldwell, ID 83605 Sealed bids will be received by the City of Caldwell at the Offices of Thomas R. Ensley & Associates, 1002 Blaine Street, Suite 201, Caldwell, ill 83605 for the construction of the New Caldwell Police Facility to be located at 110 S. 5th Avenue, Caldwell, Idaho. Bids will be opened at the Beniton Construction Project Job Office, 208 S. 4th Avenue, Caldwell, Idabo 83605 at the time listed below: BID DATE: Tuesday, Januarv 30, 2001. BID Tllv1ES: Bid Package # 23 - Security System (tV, 2:00 P.M. All bids must be signed and include all the information requested on the form. Use only the bid form provided in the specifications. Submit all pages of the bid form. 'No attachments or modifications to the bid form will be accepted, unless specifically directed to do so on your individual bid fonn. This will be deemed as non-responsive. NO FAX BIDS ~L BE ACCEPTED. Owner assumes no liability for illegible bids. I I I I I I I 1 I I I PRE-BID CONFERENCE: THURSDAY, JANUARY 18,2001 (ii), 1:30 P.M. LOCATION: BENITON CONSTRUCTION JOB OFFICE 208 S. 4th AVENUE. CALDWELL. IDAHO No bids may be withdrawn after the scheduled time for receipt of bids. The Owner reserves the right to reject any or all bids, or to waive any informality or irregularity that is deemed in the best interest of the Owner. Tbis is a Construction Manae:ement proiect. All bidders will be required to provide both aBid Security and PavmentPerronnance BondS. .', Each bid must be accompanied by a certified Dr cashier's check on an Idaho Bank, Of bid bond, with Idaho State Licensed Surety Company as surety, in an amount not less than 5% of the total bid made payable to: City of Caldwell, Caldwell, Idaho. This surety shall be forfeited by the bidder in event of failure to sign the contract or furnish the necessary 100% Performance Bond and the necessary 100% Labor and Materials Payment Bond. Bidders shall be licensed in the State of Idaho, in accordance with the provisions of an act known as "Public Works Contractors' State License Law, H.B. No. 293, Thirty-Third Legislative Session 1955". The Term "Public Works Contractor'l includes Contractor, sub-contractor, or specialty contractor regardless of the dollar valued. ITB-l " I ,. " I I I I I I I I I I I I I I I r INVITATION TO BID CITY OF C..\LDWELL NEW CALDWELL POLICE FACILITY 110 S. 5th Avenue, Caldwell, ID 83605 Copies of the Contract Documents may be secured from the office of the Construction Manager: Beniton ConstructiOli, Inc., 536 S. Meridian Road, Meridian, Idaho, 83680 on the following basis: . No deposits will be required for each set of plans and specifications vviIl be required. ITB-2 \ __<'-..;,.~o'-.. ; -- Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum - Construction Manager-Adviser Edition AlA Document A101/CMa - Electronic Format HilS DOCUMENT HAS IMPORT ANT LEGAL CONSEQUENCES: CONSULT A nON WITH AN A TIORNEY IS ENCOLlRAGED \VITil REsrEC,' TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TillS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401 The 1992 Edition of AlA Document AlOI/CMu, General Conditions of the Contract for Construction, Construction Munager-Adviscr Edition, is adopted in this document by refen:nce. Do not use with other generol conditions unless this document is modil1ed, Copyright 1975. 1980, copyright 1992 by The American Institute of Architects, 1735 New York Avenue N.W., Washington D.C. 20006.52<)2. Reproduction orllle material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws orthe Umted States iUlJ will be subject to legal prosecution, AGREEMENT made as of the Twenty-Sixth day of Februarv in the year or200!. (in words. Indicate day. mo/llh and year) BETWEEN the Owner: (Name and address) City of Caldwell - ElJay Waite 621 Cleveland Blvd. Caldwell, Idaho 83606 Phone: 455-3000 Fa.;x: 455-3003 and the Contractor: (Name and address) Bid Package #23 - Security System The Security Group . 357 E. Watertower Lane. Suite "H" Meridian, Idaho 83642 Phone: 895-8400 Fax: 895-840 [ - - Feu the foHowing Project: (include detailed description of Pro}l~ct, location, address and scope.) Caldwell Police Facility 110 S. 5th Avenue CaldwelL Idaho 83605 The Construction Manager is: (Name and address) Beniton Construction Company P.O. Box 838 Meridian, Idaho 83680_ Phone: 884-0027_ Fax: 884-4626 The Architect is: (Name and address) Thomas R. Ensley & Associates - Thomas Ensley 1002 Blaine Street, Suite 201 Caldwell, Idaho 83605 Phone: 459-2889 Fax: 459-6449 AlA DOCUMENT AIOI/CMa' OWNER-CONTRACTOR AGREEMENT' CONSTRUCTJON MANAGER-ADVISER EDITlON - AlA - COPYRIGHT 1992. nIE MfERICAN INSTITUTE OF ARCHITECTS, [735 NEW YORK AVENUE N.W., WASHINGTON D.C 20006-5292.: Unlicensed photocopying vioblCS U.S. copyright laws and is subject to legal prosecution. This docUll1ent was electronically produced with permission of the AlA illld can ~ reproduced without violalion until the Jute of expiration as noted below. Electronic Format A101/CMa-1992 User Document: SECGROUP .DOX"F -- 3/6/2001. AlA License Number 105327, which expires on 6/712001 -- Page #1 " . ,Ie Owner and Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplemental)' and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these fOlm the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An emuneration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as foHows: Including provisions outlined within the Bid Package #23 defined for this contract ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The dare of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shaii be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the O\vuer. (Insert the date ojcommencemenl, if it differsjrom Ihe date ojlhls Agreenrelll or, ifapplicabfe, stale that Ihe date will be fixed III a nollce to proceed.) November 6, ')000, Unless the date of conunencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than tive days before corrunencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Inserlthe calendar dale or number oj calendar days after Ihe dale of commencement, Also insert any requirements jar eariJer Substulltwl Compli!llotJ (if cel'laltl portions ojthe Work, lfnot stated dsewhere in the Contracl Documents.) August 3],200 I, Contractor to comply with the Proiect Schedule developed by the Constnlction Manager. , subject to adjusnnents ofthis Contract Time as provided in the Contract Documents. (lnserl provisions, if any, jar liquidated damages relarirrg 10 jailure 10 complete on lime.) Insett_ A: Liauidated Damaaes wi" be assessed at a value of $900, 00 oer calendar dav if the Contractor falls behind the Proiect Schedule orovided bv the Construction Manaaer ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in CWTent funds for the Contractor's perfonnance of the Contract the Contract Sum 0 f Sixty Nine Thousand Eight Hundred Ei~htv Five and Non 00 Dollars ($ 69,885,00 ), subject to additions and deductions as provided in the Contract Documents, 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the nUfIlbi!rs or other idel/lificatlon oj accepted alternates. If decISions on olher alternares are 10 be made by Ihe Owner subsequenr 10 llie eXi!CtlIIOll oj lIi,S Agreement. auach a schedule of Sf/ch olher alternates showing the amount jor each and Ihe date umil which Ihat amOunt is valid) 4.3 Unit prices, ifany, are as follows: N/A ARTICLE 5 AlA DOCUMENT AlOI/CMa' OWNER-CONTRACTOR AGREEMENT' CONSTRUCTION MANAGER-ADVISER EDITlON - AlA - COPYRIGHT lY92 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D,C 20006-5292.; Unlicensed photocopying violmes US. copyright laws and is subjeclto legal prosecution, This document was electronically produced with permission of [he AlA and can be reproduced withoul violation until the date of expiration as noted below. 11 Electronic Fonnat Al 0 l/CMa-1992 User Document: SECGROUP.DOX~F -- 3/6/2001. AlA License Number 105327, which expires on 6/7/2001 -- Page #2 ".-' ~.. DIRK KEMPTHORNE Governor PAMELA 1. AHRENS DireclOr JAN COX Ad,ninimillor MJ:\.Y 25,2001 St,- ~e of Idaho Department of Administration Division of Purchasing 5569 Kendall Street (83706-1231) P.O. Box 83720 Boise, 10 83720-0075 Telephone (208)327-7465 or FAX (208)327-7320 hllp:/fWWW.stOlc.id.us/odm .!l"TTN: JEFF KEZAR THE SECURITY GROUP INC 357 E WATER TOWER LN STE H MERID!_~, ID 83642 We received a vendor registration form and a check requescing your placement on the State of Idaho bidder's list. Accor:::.ing:o 01.1':: records, you are already a registered vendor. Your vendor number is #28621 . Enclosed please find your check. call our office (208}327-7465 Friday. If you have any quest ioD.s please between 8:00am-5:00pm MST, Monday- Thank you for your interest in Idaho. supplying the needs of the State of Q~ 'cvlt lD~VJ Ro1e& Evans Vendor Registration Clerk \ "Serving Idaho citizens through effective services to their governmental agencies" < . '. . STATE OF ID]; I DEPT. OF ADMIN. I DIVISH OF PURCHASING DATE: OS/25/01 VENDOR LISTING PAGE: 1 VENDOR: 28621 I SECURITY GROUP, THE (Boise) RATING: 0 -----------~~--------------------------------------------------------------- P.O. ADDRESS ID: 28621 BID ADDRESS ID: 28621 JEFF KEZAR JEFF KEZAR 357 E WATER TOWER LN STE H 357 E WATER TOWER LN STE H MERIDIAN ID 83642 MERIDIAN ID 83642 CORPORATE ADDRESS ID: 28621 JEFF KEZAR 357 E WATER TOWER LN STE H MERIDIAN ID 83642 REMITTANCE ADDRESS ID: 28521 JEFF KEZAR 357 E WATER TOWER LN STE H MERIDIAN ID 83642 --------~------------------------------------------~----~~-----~-----------~ Parent Vendor: Approved Status: status Set By: Reason Code: Expiration Date: Notify Person: Last PO Date: Yes SUPERVISOR 11/04/01 REVANS Date: 04/03/98 I SECURITY Administrator Last Bid Response: Contact Name / Phone --------------------------------~-- SALES: JEFF KEZAR 800-238-3584 or 208-895-8400 -3 ~cu.)C ~ MtJ ~'-~~ 12L SERVICE: MANAGER: FAX: 208-895-8401 ALL NET30 DFPA Minority Vendor Code: Terms: FOB: Shipping M~thod: Type Of Buslness: Tax Code: 82-0471942 Duns #: SIC Code: Year Established: With Us Since: Electronic Code: 1 Print only EDI Receiver ID: Auto PO Vendor? Y Default PO Status: AP Vendor ID: 28621 Auto Vendor Item: OK to Approve INV?: Y -------------------------------------------------~---------------~-~-~------ Commodity Auto Class Description PO? ------------ ----------------------------------- ---- " .. . STATE OF IDlr ,DEPT. OF ADMIN., DIVISH OF PURCHASING DATE: OS/25/01 VENDOR LISTING PAGE: 2 VENDOR: 28621 I SECURITY GROUP, THE (Boise) RATING: 0 -------------------------------------------------~-------------------------- Commodity Auto Class Description PO? ------------ ----------------------------------- 80330 Int~rcom Systems, Group (For Panel, 80345 MUS1C Systems and Components: Ampll 80350 Music Systems and Components (Stere 80380 Speakers and Accessorles: Drivers, 99005 Alarm Services 99022 Card Access Security Services 99031 Dispatching Services! Police 99042 Fire and Safety SerVlces 99050 Installation ot Security Equipment 99080 Surveillance Services N N N N N N N N N N Region -...._______..J......... --------~-----------------------------~------------------------------------- 1 2 3 4 5 6 Description ------.....---------------------------- Zone 1-Coeur d/Alene Zone 2 - Lewiston Zone 3 - Boise Zone 4 -Twin Falls Zone 5 - Pocatello Zone 6 - Idaho Falls RECORDS SELECTED: 1 ----------------------------------------------------------~----------------- *** END OF REPORT *** ========~~===========================~====;;================================== " I." .' i~ ;, . ....' .r ...-t ~ # .~ , ~'.' ' '<', \ .) t ~ -~t.. '~"~... "~.> ~ . .-t., " "', . ~ f''';," , ' . 5,_. L.:~:' <, . ..... J. ~ :\ r .~ .'ll, l,:' > .,' I : ~ , . t ,~<, : r:. } ,.,'\, '. ", . ", f I , ~~_\ l. ". ~ l' # '~ . ~.J ... " 1:- ~ ' .J. , j ( ., I ; , .1 ; : <. ., , , {.~ to. , j \ '" r ., f. " " ; , J , " , , ..- ~ \} v .... t' ! ''', ,o. of .j "'. "........... -~---_........._-_#---.....~---- -... --~......~ .~ " "~ 1 ..1 ,~ " \' .:-~ ,L1 .1 .~ 1 11 i\j' , 'f J ~ * 'j. J ...( 4. ~ .~ ,- " ., .., ,. . , ... - ~. ~. .\, I , . . ("' ~'~. ,/",', , ~ " , ~ . 0 ,1 , + '~i " ,I . ~ ..- .,-' :t":' ..f . i:~ '.' , . " \., ,: /.\' " ~ <"', ~ J-- , . . Y yJ ';t ',~ .-~ #,. ,....(' ", ~', ,:" l "."":' ,.. - .'~ ;' ~ ':/ t.1 . , "~~.:....""-........-_ _,_~__~;~__~.~ .L..... ,~~ ~ 4 ~ '> ~ . I _ Ii. :c E 0 2 u u if) c: N 0 rl 0 "s.. ~ c 0 0 0 ;::3 ~ "d' 'd" 'd" \0 0 N .....J \0 00 00 0"\ 61 ~ (V) z-. Q) c::v 00 Ln L.O rl 'j::; ~ ~ 0 0'\ 0'\ l"'- :::s 0 00 00 (V) u ..c Q) 1:: 00 V) . l'O 00 00 @) 0:: c::v ""0 0 0 0 tt:: ..... co - N N N .~ ~ ..... ~ ~ C C 0> rcl Q) ""0 uj .- 0> := ~ .- '"0 C co ~ VJ l"'- .;:: 0 >< - ~ 0) CJ L.O 0> ..c <( OJ ~ ~ I ~ 0... (V) c... w... U WJ , , , -; '1 1 \ , ~ ~ \ {! .~ ,} .i 1 1 ~ r--- ~~ C!:::J WJ::>o :c~Ct: ~CJ)O w c::: " " w.. . ...J 0 c::: t- Z 0 U r..n r..f) uJ U U < . > - U U z o r..n :::J :x z ~ .'1 . -to ,f 'If:'. . '( <" ~ ,f ,. , , ~ . /',;: . t; , . t' .- ,+ " '\.." .. .~{ { ," 1.0 I !:l, \,.~ l-- " . , ,. " ~, , ' 1 ." " ;"" .1< \ \:. -l. \. " . ).... . ,J , , ,:"~:' > .~ I, -. r";' , , " ( ,,' 'L " .. L~ .J( ~.~ , .... ~ , 1 ) ,.! I ,to. '- l. t, THE SECURITY GROUP PURCHASE AND INSTALLATION AGREEMENT 357 E Watcrtower Lane Suite H Meridian, lD 83642 (208) 895-8400 1(208) 895-84Ql fa.x Agreement made by and between The Security Group, Inc. (hereinafter referred to as "Company) and Meridian Police Department 201 E Idaho Meridian, ID 83642 Proposal: 2/5/02 Access Control (hereinafter referred to as "Client"). I. PURCHASE AND INSTAllATION OF THE SYSTEM The client hereby purchases the equipment itemizL-d on the attachL-d Proposal (hereinaFter called the 'System"), and Company agrees to install such system upon the Following terms and conditions hereon and any addenda or .schedules" attached hereto, Customer acknowledges reading all attached items. 2. CONDITIONS OF PURCHASE AND INSTALLATION A. Provision of arrJ services or materials covcred by thc Agreement i'i conditioned upon the terms and conditions contained herein. Any additional or diflcrent terms or conditions propos.....! by Client arc not binding upon the Company unless speci/lcally agreed to in writing by the Company. B. Client authorizes Company Or it:; designee to enter the premises of the Client to install the system, and to make any preparations appropriate to the installation or service of the system, such as drilling holes, making attachments, etc. Company shall not be responsible for any damage created by installation I service Or removal of the system. C. Client will provide all conduit and line voltlge and telephone hookups necessary for the instillation, maintenance and operation of the system. Any costs incurred by the Company resulting from such items not being in place at the proper time shall be borne by the Client. D. Client shall identify any rules, regulations. standards or codes with which the system millo't comply, and shall obtain and pay for any necessary licenses or other certi/lcates of compliance with same. Client is solely responsible for any tax~'S (including sales taxes) fees, false alarm fines, and any other governmental a.'>Se."iIllent~ related to the alann equipment or sy~tem operation and shall reimburse and indemnify the Company for any such elCJ>enscs incurred by the Company. The Client and Company are each responsible for obtaining any necessary licenses or permit:; needed to perform their respective obligations under this Agreement. E. Client shall pay to the Company any co~1:s incurred by the Company for any additions, corrections or changes to the system that may be requested or required by the Cli..mt or by anyone else except the Company. Client has approved the location of all components of the ~J~tcm. Any changes in location requested by the Client after the signing of the Agreement wiJJ be at the Client's expense. 3. WARRANTIES A. The system and its components are or may be covered by manufacturers' warranties having various terms and durations. The Company makes no separate or additional warranty:l.' to the ~J~tcm or its components, except:lS ~pcci/lcally provided in this agreement. B. The company does warrant that the materials installed under this Agreement shall be as specified in this Agreement and shall meet the manufacturer's specifications for same at the time of original installation, except that the Company may substitute materials of equal quality at the time of in~taIlation. Should any part of the system become defective or should any repairs be required :I., a result of defects in materials or workmanship, upon notice to the Company by the Client at the Company's address set forth herein, the Company agrees to make all necessary repairs and/ or replacements of parts promptly and without co~t to the Client for a period of ninety (90) days from the date of in~taIlation, subject to thc Buyer's compliance with the condition of the warranty set forth in this Agreement, and availability of replacement parts. The Company may either replace or repair the product, and may substitute materials of equal quality at the time or replacement. This limited warranty docs not apply to any damage to Or defects in materials Or equipment caused by accident, misuse, unauthorized repairs or attempts to repair, modifications or improper installation by anyone other than the Company. C. Client agrccs a:l a condition of this limited warranty to t~t and inspect the ~'Y~tem immediately upon ~ubl.'tantial completion of in~1aJJation and to advise the Company within fifteen (15) days of any deFect, error Or omission in the system. At the end of said fifteen days, the installation shall be deemed satisfuctory to aJ1d accepted by the Client. D. EXCEPT AS SPEClACALLY SET FORTI-lIN TI-lIS AGREEMENT, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATfER WHATEVER, INCLUDING WARRANTIES OF HABlTABlUTI', MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO WARRANTIES OR REPRESENT A110NS WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT. E. The Company docs not represent, guarantee or warrant that any system provided by it under this Agreement will operate as designed, or is suitable For any particular purpose, or will prevent any loss by burglary, fire or otherwise, or will in all cases or any particular case provide the detection for which it is intended. The Company represents only that the components of such system meet manufacturers' specifications at the time the system is originally installed. Company is not an Insurer again,1. loss of <:lamage, and all in.<;urance arrangements to cover loss, property damage or personal injury must he made separately by the Client. The Client assumes all risk of loss or damage to the premises or to the contents thereof, as well:.s all risk of the physical or mental well-being of persons therein. Company shall not be responsible for consequential damages or injury of any kind. Client hereby acknowledges that Client has read and understan.qs. this' entlr'e-Agreement, including the tenus and conditions on the back of this page, in addition to any Addenda or "scheduJes~ that are a~~d Ii~ret~:andare 1U1~y incorporated into this Agreement. This Agreement is not binding on Company without Company's nagement aRf.'rQ~.t/"';~r~' '" ... l,. / - ..... .,.< .... .. ,Inc. ~:' (. ..~~.I" . ; {~}.t}en. rr ,_.... t, y.. . f'.' J. .'.'. L T' I .. " C... ,-. It: .... T'" ......,d' J!y:4::' O~ ~ \'-(,";L.. ..')2~f ft!d: ~_ I~<'IA ^-l IN T R U S ION 6.c~.,V'::>;p,1&C~'S: .C"O NT R 0 L . F I R'E...... 7~ <\, .,:; (::r;';:'~~--;'~;L~/fTOyet:L iJtJ (l/hj ('i!)(,{/y.~ g-(q-o 2- 4. NO SERVICE PROVIDED A. Except as specifiCllly provided. in the Agrecm~t, the Company snaH not he obligated. to provide set'Vicc of any type on the system or any of its components. [fthe Client wishes the system to be serviced, monitored or inspected by the Company, such an agreement shall be included and attached as an addenda. B. If the Client shall discover a defect in any of the products purchase<! under this Agreement, Client should im mediately notify the Company so that rl:-'Pair service, whether or not covered by Warrant, may be promptly rendered. S. TRAINING Company will provide instructions to Client in the appropriate use of the system. However, the nature and extent of this training shall be in the sole disaction <If the Company. and Client is solely responsible for tra.inin g all users of the sy~"tem in its proper operation. Company shall not be resportSible for damages of any kind based in any way on a claim that its training was inadequate or that the Client did not know how to operate the system properly. 6. TITLE; RISKS OF LOSS OR DAMAGE A. Title to the system and all of its component parts shall remain in the Company until the Client h;LS paid for the system in full, at which time it shall become the property of the Client. Company or :lilY subcontractor engaged by the Compmy to perfonn work or furnish materi.:l.!s who is not ~d may have a claim against the Client or the owner of the premises, which may be enforced under the applicoble lien laws. B. After installation has commenced and IIntil installation of the system is "lIbstantially completed, the C<lmpany shall hear the risk of 1= thereof. However, repairs or reinstallation necessary due to damage to the system caused by persons or entities other than the Company shall be at Client's expense. 7. DEFAlfl.T BY CUENT If the Client defaults in the perfonnancc of any of its obligations under this Agreement or any other agreement between the parties, including fulure to pay to the Company any monies when due, the company may suspend perfonnancc under any such agreement, and may pursue against the Client any 'remedy available at law or equity, now or in the future, including collection interest on any unpaid balances at the rate of 1.75% per month, and in addition, if the Company commences legal proceedings or retains the services of a collection agency or attorney to enforce its rights under this Agreement. Client shall also pay Company's reasonable attorneys' and collection agency fees. In the event oflega! action between the parties in connection with their respective rights and obligations under this Agreement, the parties waiv~' inal by jury and Client waives the right to interpo~ any counterclaim i!l any action' or proceeding commenced by the Company. . 8. INDEMNJfJCATlON. DAMAGES AND LIMITATION OF UABIlJIT A. Client shall defend, indemnify and hold hannless the Company /Tom any expense, liability, loss. claim or damage, including personal injuries, made by any person including those not a party to this agreement, relating in any way to the system(s) or service{s) referred to in this agreement, without regard to whether the Company was at fault. Client on its own behalf and on behalf of :my insurance carries- waives any right of subrogation Client's insurance carrier m a)' otherwise have against the Company, its agents, employees and subcontractors arising out of this Agreement or the rdation of the parties hereto. B. Client's exclusive remedy for the Company's breach of or fulure to perform under thJs Agreement or relating in any way to any relationship bctweefl the parties connected with the system refened to in this Agreement, for any reason including negligence or gross nt.'gli~ce, is to require the Company to repair or replace at the Company's option, any equipment or part of the s=wity agr=nent whidl is non-operational due to fault of the C<lmpan y during the limited warranty period according to the terms and condltionsoontained in this Agreement. C. The value of the Client's property or the property of others kept on the premises at which the ~y.nem is installed, which may be lost, stolen, d~1:royed, damaged or otherwise affected by .occurrences which the System is designed to detect, alert or avert is completely unknown to and outside of the control of the Company, and Company is not an insurer. In addition, the company h~ no control over response times of any emergency service provider, and it would be extremely difficult to ascertain wh:it portioo, ~ any. of any loss or damage would be proximately caused by any f.Ulure on the p3I1: of the Company. Charges are based solely upon the value of the goods and senices provided, and are unrelated to the use; made by the Client of its premises or any prop<:rty !her-cat! or' the well-being of people thereon. The amounts payable. by the Client are not ~cient to wurant the Company assuming any risk of damages, mduding consequential damages, for ;my property damages or personal injuries, due to Company's negligenCe, gross negligence, failw:e to perform, or any reason whatever. Client agree; that it docs not desire the Company to assume any risk of damages, and agrees that the Company Shall not be liable for same. Client further agrees that if the company should be found liable due to any failure by the Company to perfonn any obligation, under this Agreement or o~, or the fai;l~e of the system to operate properly in any r~, Company's liability shall be IJmited. to 10'% of the total purchase price or $250, whichever is less, and that this liability shall be exdusive. Client may, at its option. increase the amount of this limited liability by separate agreement with the Company .a~ increased cost proportionate to the Company's increased risks, which shall not be insurance coverage. 9. ASSIGNMENTS AND DELEGATIONS The Company may assign this Agreement to any other person, firm or corporation without notice to or approval by !he Client, and may subconO'3Ct any activities, which it may perform Under this Agreement. The Client may not ~gn Qr delegate any rights or obligations under this Agreement. either voluntarily or by operation of law, without advance written consent of the Company. . 10. INVALID PROVISIONS If any of the parts of this Agreement shall be determined hy a court of competent jurisdiction to be i!lvalid or inoperative, all of the remaining pam; shall remain in full force and effect. II. ENTIRE AGREEMENT This writing is intended. by the parties as the finale expression of their Agreement and as a complete and exclusive statement of the terms thereOf. Thi., Agreement supersede:< all prior representations, under~tlndings or agreements between the parties; there are 00 prior writing. verbal n~tiations, understands, representations or agreement.~ not exprcssl:--d in the Agreement. and the parties rely only upon the contents of this Agreement in executing it, and have not relicti on an)' other representation, oral or otherwise, made by the parties, their agents or employees. This Agreement may be modified only by a writing signed by each of the parties or their duly authorized agents. No waiver of bre:lc.C, of :my term or condition of this Agreement shall be construed to be a waiver of any succeeding bream. lbis Agreement shall bind and benefit the hcirs,su=ors and assigns of the respective parties. 12 RECEIPT AND REVIEW.OF AGREEMENT The Client specilkally ackno~ledges that it has received a copy of the Agreement in its entirety and has read the same, undt.'rStood it and agrt.'<.'t\ to its contents before signing it. ' , THE SECURITY GROUP PROPOSAL Date: 2/5/02 Job Number: MERIDIAN PD TO: MERIDIAN POLICE DEPARTMENT 201 E IDAHO MERIDIAN, IDAHO 83642 ATTN: CAPTAIN DAVE BOWMAN We are pleased to submit the fo/Iowing bid: Job Description: ACCESS CONTROL SYSTEM EQUIPMENT QUANTITY DESCRIPTION 1 ILCO MILLENIUM 2.0 SOFlWARE 1 ILCO SCU - PIN 149-101117 (Site Control Unit) 3 ILCO 12V POWER SUPPLY - PIN PS1-100212-001 2 IAL TRONIX 600UL LOCK POWER SUPPLY 1 ILCO SITE ETHERNET INTERFACE 18 ILCO DCD - PIN 149-100958 (Door Control Device) 18 HID PROXIMTY READER 1 ILCO WORKSTATION SOFTWARE PACK 1 ILeO SERVER SOFTWARE PACK 2 EMERGENCY PUSH BUTTONS AT FRONT VEST. 4 INTERCONNECTION WITH "RELEASE DOOR" BUTTONS 4 12v 7A BACKUP BATTERIES 1 CABLE I WIRE - PLENUM 1 MISC. MATERIALS AND SUPPLIES MA TERIALS SUBTOTAL: I $23.775.00 Labor DESCRIPTION 1 LABOR: CABLING, TERMINATION, PROGRAMMING, TRAINING. Price valid until: 3/5/02 LABOR SUBTOTAL: TOTAL: $9,700.00 $33,475.00 INTRUSION. CCTV . ACCESS CONTROL' FIRE THE SECURITY GROUP February 5, 2002 RECEIVED 'r-l-~ 2 ., "'002 LC u i.. J CITY OF MERIDIAN CITY CLERK OFFICE Meridian Police Department Attn: Captain Dave Bowman 201 E Idaho Meridian, ill 83642 Dear Captain Bowman: Thank you for choosing The Security Group, Inc. We look forward to serving your company. Enclosed are two copies of our "Purchase and Installation Agreement." Please sign both copies and return them to us. We will then sign the agreement and return one signed copy for your records. Again, we look forward to working with you. If you have any questions, please contact us at (208) 895-8400. da INTRUSION' CCTV . ACCESS CONTROL' FIRE Meridian City Council Meeting I February 19, 2002 ' Page 5 A. Public Works Department - Gary Smith: White Drain Drunk Sewer Permanent Temporary Construction Easement - John Kennedy: Corrie: Department reports. Number 4. Public Works Department. Gary Smith. believe, Mrs. McCandless, you had a -- 1. and McCandless: Yes, I did, Mr. Mayor. I move that we table the White Drain - I can't find it right now. Remove it from the Agenda, the White Drain Trunk Sewer Permanent, and Temporary Construction Easement until March 19th. De Weerd: Second. Corrie: Okay. Motion has been made to table Item Number A-1 Public Works Department on the White Drain Trunk Sewer Permit Temporary Construction Easement to the 19th of March. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion is carried. MOTION CARRIED: ALL AYES B. Police Department - Chief Worley: 1. Access control System Agreement with The Security Group: 2. Intrusion Security System Agreement for Evidence Rooms with The Security Group: Corrie: Item B, Police Department. Chief Worley. Worley: Mr. Mayor, Members of the Council, I would -- with your approval I would like to take both of these items at once. They are both for the same company. Item 8-1 is a contract with the Security Group for the access system for the new police building in the amount of $33,475. This is the door access, the proximity readers, the general security or general access system for the building and Item Number 2 is contract with the Security Group in the amount of $5,255. This is for an alarm system for the evidence storage area. Both of these are -- contracts are bid pursuant to an existing bid with the City of Caldwell for the same type of materials and I stand for questions as to the authorization for the Mayor to sign and the Clerk to attest. Corrie: Council, any questions -- Bird: I have none. Meridian City Council Meeting February 19, 2002 Page 6 Corrie: -- for Chief Worley? Okay. Hearing none, I will, then, entertain a motion for Chief Worley's Number 1 and Number 2, the Police Department. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Items 4-B, the Access Control System Agreement with The Security Group and Item -- 4-B-1 and 4~B~2, the Intrusion Security System Agreement for the Evidence Rooms with the Security Group as well, as presented and the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Motion has been made and seconded to approve the Police Department 4-8-1 and 4~B-2. Bird: Mr. Mayor? Corrie: Discussion? Yes, Mr. Bird. Bird: Mr. Nary, I would like to -- on this would like to see the amount made in the motion if it's okay with you. Nary: Oh, certainly. Bird: $39,027 total. Nary: Certainly. No opposition, Mr. Bird. Corrie: Okay. Add that into the motion. All right. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion is carried, Do we need a roll call, Mr. Attorney, on that one? The contract? Roll call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES C. Parks Department - Tom Kuntz 1. Meridian Park tiling Project ~ Bid Award: Corrie: Parks Department. Mr. Kuntz, Meridian Park Tiling Project. February 15, 2002 MERIDIAN CITY COUNCIL MEETING February 19, 2002 APPLICANT ITEM NO. REQUEST Approval of Board of Appraisers ~-T 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER; US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See Attachment vV U~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 9-1-16 ~'7-" . ",":. .~~: ~ :q>', >1 :,:.:;" I ~\):a""" ~;;-r.-.--::: \ I.t . [." -,! . \('.':.:/ H. 9~1~17: ....v _ ~ C.". :.', ~.. - \../ .',\~:~';.~~ .~ '/i ,; ~'""" ~ {~~/;':~.~--~~ 1,',.,': .:-.,:J \.~-'" ( ; '_.....:. 9-1-18 owner(s) of the parcel(s) agree that the provIsions of the City's ordinances, regulations, and policies, and inspection fees, which appertain to the regulation, control and use of its domestic water system including hookup, service fees as apply terms of the "Agreement" and which form shall also provide that the owner(s) of the parcel(s) agree to the annexation into the City of the parcel(s) serviced; and the Council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic water service are not used for the extension and/or enlargement of the system which conditions shall also be included in the "Agreement". The water user of the parcel(s) serviced pursuant to a granted application under this Section shall be considered a user and subject to the terms and conditions of the "Agreement" so long as the property being served remains outside of the corporate limits of the City. (Ord. 852, 12-7-1999) BOARD OF APPRAISERS: -=- Board Created; Members: There is hereby created a Board of Appraisers consisting of three (3) members, to be the same persons as the Mayor, Engineer of the City, and the City Clerk. The Board of Appraisers shall be confirmed by the City Council and all Board of Appraisers' decisions shall be subject to approval of the City Council. (Ord. 374,7-7-1980; amd. 1999 Code) B. Duties: The Board of Appraisers is delegated the duty of establishing the equivalent connection rating for various uses and users and all City imposed charges in connection with the Municipal water system including inspection fees, hook-up fees, installation charges, monthly user charges, disconnection fees, and user deposits. The Board of Appraisers shall have the power to promulgate such rates, fees or charges or changes in the said rates, fees and charges that are deemed necessary to adequately carry out the maintenance, operation and administration of the Municipal water system under the authority of this Chapter. (Ord. 476, 4-21-1987) 9-1-18: PURPOSE OF MONTHLY WATER USER CHARGE: The monthly water user charge is established to cover operation and maintenance costs of the system, and to provide a fund to pay for capital improvement costs, additions, oversized extensions to the system, January 2000 City of Meridian Will Berg From: Sent: To: Subject: Bill Nichols [wfn@whitepeterson.COM] Friday, Februal)l15, 200211:21 AM 'bergw@ci.meridian.id.us' RE: Board of Appraisers Will That is correct, even though the Board membership is specified in the ordinance/code, since it says "confirmed" by the Council, there should be a motion to confirm membership. Thanks PS All of your emails came over in duplicate. 1 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF PAUL B. ) CLAYTON, FORA VARIANCE ) FOR ELIXIR SUBDMSION ) FROM 12-13-10-4 AND 12-13-12 ) MERIDIAN CITY CODE, FOR ) SUBDIVISION STREET BUFFERS ) AND LANDSCAPE BUFFERS, ) LOCATED AT 521 N. EAGLE ) ROAD, MERIDIAN, IDAHO ) CIC 9-04-01 Revised 11-02-01 Revised 11-20-01 Revised 02/06/02 VAR-01-012 REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 4,2001, and pulled until FebnlalY 5,2002, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Paul B. Clayton, and appearing with concen1S or comments were: Brad Miller and Becky Bowcutt, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 1 of16 Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code SS 67~6509, 6516 and Melidian City Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant Paul B. Clayton, whose address is 501 N. Eagle Road, Meridian, Idaho. 4. The owner of the property is Elixir Industries, 17925 South Broadway, Gardena, California. 5. The property located at 521 N. Eagle Road, Meridian, Idaho is an I-L zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as I-L, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND b ORDER OF DECISION GRANTING A VARIANCE / VAR-OI-012 / ELIXIR SUBDIVISION Page 2 of 16 which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: Industrial and office development. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been fun1ished. 10. The Applicant seeks a vanance of the following provision of the Meridian City Code, ss 12-13-10-4 - Street Buffers, Buffer Size and 12-13-12 - Buffers Between Different Land Uses, which provides as follows: 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Buffer Width 10 feet Urban Collector 20 feet Principal & Minor Arterials (other than entryway corridors) 25 feet Entryway Conidors (as defined in the Comprehensive Plan) 35 feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I VAR-OI-012 I ELIXIR SUBDNISION Page 3 af16 Interstate 84 50 feet 12H13-12 BUFFERS BETWEEN DIFFERENT LAND USES: 12-13-12-1 Purpose: The landscape requirements in this section are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct penllitted uses without causing adverse impact. An incompatible land use is defined as one that is more intensely developed than its neighbor (as defined herein under section 9.4) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line. 12H13H12H2 Responsibility for Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as detemlined otherwise by the Planning Director after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the required buffer. 12HI3-12-3 Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: A. Mix of Materials All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. B. BatTier Effectiveness The required buffer area shall result in an effective batTier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer as necessary to achieve this goal. C. Buffer Walls FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I VAR-OI-012 / ELIXIR SUBDIVISION Page 4 of 16 Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six (6) feet tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shlubs, lawn, or other vegetative groundcover must be provided within tl1e buffer area, in lieu of the requirements of subsection B. D. Chainlink Fencing Chainlink or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. Chainlink fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class II Class III Class IV Class V Single Family Multi-Family Offices Restaurants I Heavy Homes Dwellings Manufacturing Duplexes I Child Care Neighbor. Hotel/Motel Contractor Yards Centers Comm. Golf Courses Libraries Middle General Retail Processing Plants Schools Cemeteries Senior Centers High Schools I GrocelY Stores I Recycling Parks Nurseries/Greenho Personal I Parking Garages I uses Services I Elementary Quasi Public I Warehouses I Vacant Land Schools Uses zoned: Vacant Land Clinics Storage Facilities 1-L zoned: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I VAR-OI-012 I ELIXIR SUBDIVISION Page 5 of 16 R-2 Vacant Land I Indoor I zoned: Manufactming R-3 R-15 Vacant Land I I zoned: R-4 R-40 L-O Vacant Land I zoned: R-8 CoN CoG, C-C I 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: Intensitv Class of Adjacent Use Intensity Class of I II III IV V Proposed Use I II 20 III 20 20 IV 25 20 20 V 35 30 25 20 Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12w13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I VAR-Ol-012 I ELIXIR SUBDIVISION Page 6 of 16 12M13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape snips (see Section 8.2) when calculating the minimum width of the buffer. 12-13-12-9 Buffers along Pathways: All commercial, industrial, and office developments shall provide a five (5) foot wide minimum buffer adjacent to any planned pathways in the CityDs Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (l) tree per thirty five (35) lineal feet. II. All property owners within three hundred feet (3001) of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable: staff finds that where the common property line shared by Lots I and 2 has already been improved with asphalt, making the strict application of the current Landscape Ordinance impracticable. However, staff finds that there are no such special circumstances or conditions that would make the application of the required ten~foot landscape buffer along Commercial Court impracticable or unreasonable. There is plenty of parking for the current use and the installation of a new landscape buffer would limit the cut through FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-OI-OI2/ ELIXIR SUBDIVISION Page 7 of 16 traffic. Furthennore, the ten-foot wide street-side landscape buffer would promote a uniform appearance with the other street-side landscape buffers within the Subdivision (adjacent to Lots I and 3). If the buffer were eliminated it would make Lot 2's appearance look out of place with the surrounding properties. 13. The strict compliance with the requirements of this Title would result in e).'traordinalY hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; staff finds that the lot does not possess any unusual topography, physical condition or other condition that would have made compliance with the setback requirements difficult or impossible. However, it would be unreasonable to request the applicant to meet the current ordinance as previously mentioned for buffer between land uses. 14. The granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; staff finds that the requested variance for reducing the setback between land uses will not be detrimental to the public's welfare. Granting the variance will not be injurious to otller property in the area. Public testimony was presented over the road and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE J VAR-OI-012 J ELIXIR SUBDIVISION Page 8 of 16 landscaping on the north side, which the road and landscaping would affect sUlTounding property owners. 15. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan: Part 1 - Staff finds that the issuance of a variance for this project would not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. Part II - Staff finds that the issuance of a variance for the ten-foot landscape setback along Commercial would not be in the interest of the adopted Landscape Ordinance, which seeks to create aesthetically-pleasing streets in Meridian. 16. The applicant paid the fee established by the City Council for application for a variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code s 67-6516 to provide as part of its zoning ordinance for the process of applications for valiance permits. 2. The City of Meridian has exercised its authority of Idaho Code s 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code s 11-18. 3. That the requirements for the processing of a variance request are set forth FINDThfGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARrANCE! V AR-OI-012! ELIXIR SUBDIVISION Page 9 of 16 in Idaho Code S 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18~2, and the findings which are required are set forth in Meridian City Code S II ~ 18-3, include required findings that there are special circumstances or conditions affecting the property that stlict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinmy hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, SS 12-13~10-4 - Street Buffers, Buffer Size, and 12-13~12 Buffers Between Different Land Uses, and in the L-O zone if granted the variance, provides as follows: 12-13-10-4 STREET BUFFERS: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDNISION Page 10 of 16 Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Buffer Width 10 feet Urban Collector 20 feet Principal & Minor Arterials (other than entryway corridors) 25 feet Entlyway Corridors (as defined in the Comprehensive Plan) 35 feet Interstate 84 50 feet 12-13-12 BUFFERS BETWEEN DIFFERENT LAND USES: 12~13-12-1 Purpose: The landscape requirements in this section are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. An incompatible land use is defined as one that is more intensely developed than its neighbor (as defined herein under section 9.4) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line. 12~ 13-12-2 Responsibility for Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as detennined otherwise by the Planning Director after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use 'with no buffer, the lower intensity use must provide the required buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-OI-012/ ELIXIR SUBDIVISION Page 11 of16 12-13-12-3 Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: A. Mix of Materials All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, la\Vl1, or other vegetative ground cover. Fences, walls and berms may also be incOlporated into the buffer area. B. Barrier Effectiveness The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer as necessary to achieve this goal. C. Buffer Walls Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six (6) feet tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus ShlUbs, lawn, or other vegetative groundcover must be provided within the buffer area, in lieu of the requirements of subsection B. D. Chainlink Fencing Chainlink or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. Chainlink fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE f VAR-OI-012 f ELIXIR SUBDIVISION Page 12 of 16 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class II Class III Class IV Class V Single Family Multi-Family Offices Restaurants Heavy Homes Dwellings Manufacturing Duplexes Child Care Neighbor. I HoteVMote1 Contractor Yards Centers Comm. Golf Courses I Libraries I Middle I General Retail Processing Plants Schools Cemeteries Senior Centers High Schools Grocery Stores Recycling Parks N urseries/Greenho Personal Parking Garages uses S ervi ces Elementary I Quasi Public Warehouses Vacant Land Schools Uses zoned: Vacant Land I I Clinics Storage Facilities I-L zoned: R-2 Vacant Land Indoor zoned: Manufacturing R-3 , R-15 Vacant Land I zoned: R-4 , R-40 L-O Vacant Land I zoned: R-8 C-N C-G, C-C 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: Intensity Class of Adjacent Use Intensity Class of I II III IV V Proposed Use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-OI-012/ ELIXIR SUBDMSION Page 13 of16 I I I II 20 . III 20 20 IV 25 20 20 V 35 30 25 20 Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. 12-13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parldng Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see Section 8.2) when calculating the minimum width of the buffer. 12-13-12-9 Buffers along Pathways: All commercial, industrial, and office developments shall provide a five (5) foot wide minimum buffer adjacent to any planned pathways in the CityDs Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (l) tree per thirty five (35) lineal feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE ( VAR-OI-012 / ELIXIR SUBDIVISION Page 14 of16 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the applicant is hereby granted a valiance approval of the landscape buffer requirement between Lots 1 and 2 (Part I in Finding 15 above). 2. The applicant is hereby denied the elimination of the required street buffer adjacent to Commercial Court. 3. That staff and the applicant shall work out the landscaping pertaining to the area in front of the existing building. 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 ~ 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 a variance authorizing a variance of the Streets Buffers and Landscape Buffers Between Different Land Uses, requirements in the L-Q Zone as provided in the Sections 12~13-10-4 and 12-13-12, and 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. FINDIN'GS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 15 of 16 "OM By action of the City Council at its regular meeting held on the (I -day of r.eA?ruWL-dI- ROLL CALL: ~;Z.(.,')o2., , fjilt IJaf'.1 COUNCIL1v1AN U AN ANDERS erN VOTED$?0 COUNCIL1v1AN KEITH BIRD VOTED $tL- COUNCILW01v1AN TAMMY deWEERD VOTED ff/vv COUNCILW01v1AN CHERIE McCANDLESS VOTED ~<-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2-/q-02- - MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ,fl.I;.{~!lgf::.:"::r:~;Yf w;".,;;, i~,.-$).Ii ~ ~t> ..,..~ . Dated: :2 - (1---tJ'2-/~' ~ ~ \ '~ ''1:4. ''to ByJl~~ ~?19 City Clerk t7 Z:\ Work\M\Meridian\Meridian 1 5360M\Elixier Sub RZO 1-006 PPO I -0 I 4 V ARO 1-0 12\REVISEDFfClsGmnt FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 16 ofl6 en 0 0 m r- - >< - cD ?J 0 '"0 10 C "'U <;0 ;0 -0 ;0 0-0 -m .... ~:;o N :!~ 0 0 3:(1) )>C -0 OJ 0 .... - C1t < 10 EAGLE RD - 10 en - 0 Z ..a. ca 0 0 -n & nl' f"P o (,.J o o l;r.I l:t1 ,~,~ " BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF VICTORY PROPERTIES LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 4 ACRES FOR IDAHO TRUCK SPECIALTIES, LOCATED ON THE NORTHEAST CORNER OF EAGLE ROAD AND COMMERCIAL COURT, MERIDIAN, IDAHO C/C 02-05-02 ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-O 1-024 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 February 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Terry Hayden, appeared and testified, and no one appeared in opposition, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-Ol-024) forth in Idaho Code 99 67-6509 and 67 w651 1, and Meridian City Code 99 11-15-5 and llw16wl. 2. The City Council takes judicial notice of its zoning, subdivisions 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 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Inlpact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 4 acres in size, is located on the northeast corner of Eagle Road and Commercial Court, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The ovvner of record of the subject property is Terry Hayden, Victory Properties, LLC of Meridian, Idaho; and the applicant is the owner of record. 5. The property is presently zoned by Ada County as M wI, and consists of a Truck-Up Building - Industrial. 6. The Applicant requests the property be zoned as I-L, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 7. The subject property is bordered on all sides by the city limits of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-OI-024) 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. 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 following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 2. All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the tinle of re-development. 3. Landscaping shall be brought into conformance with the adopted Landscape Ordinance at the time of re-development or change of use. 4. Upon re-development (building additions, significant site improvements, change of use".etc.) as determined by the City of Meridian, a detached five-foot-vvide sidewalk shall be required to be installed along Eagle Road. 5. The small billboard sign located on the property is not in compliance with the adopted Sign Ordinance. The signage on this property shall be subject to the Sign Ordinance upon re- development or change of use. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-OI-024) 6. Sanitary Sewer and Water service is available via service line extensions to existing mains located adjacent to the proposed site. Applicant shall be subject to applicable latecomers fees to reimburse the parties responsible for the installation. 7. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 8. All new signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporalY signage, flags, banners or flashing signs shall be permitted. 9. All (new) construction shall conform to the requirements of the Americans 'with Disabilities Act. Adopt the Recommendations of the Meridian Fire Dept. as follows: 10. A fire-flow consistent with what is required by the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 11 . The building shall meet the minimum requirements of the Uniform Fire Code. 12. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 13. Final approval for fire hydrant location shall be by the Meridian Fire Department. Adopt the Recommendations of the Ada County Highway District as follows: 14. Comply with the requirements of Idaho Transportation Department for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-OI-024) approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. IS. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16. Any existing irrigation facilities shall be relocated outside of the right-of-way. 17. Utility street cuts in pavement less than five years old are not allowed unless approved in vvriting the District. 18. No access points to Eagle Road are proposed with this application and the District recommends that none be approved. 19. Comply with all the Standard Requirements listed in ACHD's letter dated January 8, 2002. 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 ta...'{ and rate payers will be protected, a condition of annexation and zoning designation. II. It is also found that the deve10pntent 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 "vill 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-OI-024) neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious vvith the general vicinity and to comply with City Ordinances. 12. It is found that the zoning of the subject real property as Light Industrial District (I-L) 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 the subject property as Industrial. 13. The subject annexation request and zoning designation and proposed developnlent relates and is compatible to the goals and policies of the Comprehensive Plan of the Citv as follows: ./ Population Growth Chapter 1.6U Economic Development Chapter 1.1, 1.2, 1.4, 1.10U Land Use Chapter 4.3U,4.8U 14. The property can be physically selviced with City water and sewer, since the applicant has extended the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-OI-024) 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 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 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, JanualY 4,1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A Goals 1 through 10, inclusive. 5. The zoning of Light Industrial District (I-L) is defined in the Zoning Ordinance at S 11-7-2 N as follows: (I-L) Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-OI-024) neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industly are not permitted, and strip development is probhibited. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 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 Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-OI-024) hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 4 acres to Light Industrial District (I-L) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 4 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 of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to 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 follo'Wing conditions of development, to-wit: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 2. All future development of this property shall be in conformance 'With the most recently adopted Zoning Ordinance at the time of re-development. 3. Landscaping shall be brought into conformance with the adopted Landscape Ordinance at the time of re-development or change of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES I (AZ-01-024) use. 4. Upon re-development (building additions, significant site improvements, change of use...etc.) as determined by the City of Meridian, a detached five-foot-wide sidewalk shall be required to be installed along Eagle Road. 5. The small billboard sign located on the property is not in compliance with the adopted Sign Ordinance. The signage on this property shall be subject to the Sign Ordinance upon re- development or change of use. 6. Sanitary Sewer and Water service is available via service line extensions to existing mains located adjacent to the proposed site. Applicant shall be subject to applicable latecomers fees to reimburse the parties responsible for the installation. 7. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 8. All new signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 9. All (new) construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Dept. as follows; 10. A fire-flow consistent with what is required by the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 11. The building shall meet the minimum requirements of the Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-O 1-024) 12. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 13. Final approval for fire hydrant location shall be by the Meridian Fire Department. Adopt the Recommendations of the Ada County Highway District as follows: 20. Comply with the requirements of Idaho Transportation Department for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 21. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 22. Any existing irrigation facilities shall be relocated outside of the right-of-way. 23. Utility street cuts in pavement less than five years old are not allowed unless approved in 'Writing the District. 24. No access points to Eagle Road are proposed with this application and the District recommends that none be approved. 25. Comply with all the Standard Requirements listed in ACHD's letter dated January 8, 2002. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (I-L) Light Industrial District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-OI-024) this Order the engineering staff of the Public Works Departntent shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 8 11-21-1 in accordance vvith 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 8 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 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 I q..;/i day of ~6fr?i 4t1- (/ ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED _!/!!/l- COUNCILWOMAN TAMMY deWEERD VOTED$L VOTED -$1l/ VOTED ~L- COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-O 1-024) NlAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2 -( c; -02- VOTED ------ MOTION: APPROVED:'&- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ,~,\\il~),~-:~;~Jt.."'..:'_' ~:._, f_, .,' ...I r..- .. .!.~ ..t~-"> >~JJ ~'X"::/< -i";."1, . ....~~..',~,' ..;. G"'h""'"'o'~-"" Dated: Z~!f/oZ t (~:~.\:~'~\ ~ Y. "J, - \ "?'\~~~\.,__ A~'~- /.~ Z:\Work\M\Meridian\Meridian 15360M\ldaho Trucking Specialities AZO I-024\AZFfCl&Order:dc;~ .,~-. ,- L '- . By:JI~~;Jc~9 City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) BEFORE THE MERIDIAN CITY COUNCIL C/C 02-05-02 IN THE MATTER OF THE ) APPLICATION OF ) PROVIDENCE DEVELOPMENT, ) LLC, THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.97 ACRES FOR ) INGLENOOK SUBDIVISION, ) LOCATED AT 2720 SOUTH ) LOCUST GROVE, MERIDIAN, ) IDAHO ) Case No. AZ-OI-023 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 February 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Kenny Bowers, Meridian Fire Chief, Gmy Smith, Public Works Director, Ashley Ford-Rudel of Hubble Engineering, Inc., and John Shipley, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) forth in Idaho Code ss 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, subdivisions 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 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 to the application for annexation and zoning is described in the application, and is approximately 5.97 acres in size, located at 2720 S. Locust Grove, Meridian, Idaho, and all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Clifford D. Babbitt of Boise, Idaho; and the applicant is Providence Development Group, LLC of Meridian, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of vacant pasture. 6. The Applicant requests the property be zoned as R-4, with the intent to develop a 20+4 lot residential subdivision, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) 7. The subject property is bordered to the north and south by Ada County single family residences, to the east by a proposed subdivision and to the west by Salmon Rapids Subdivision, both zoned R-4. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. 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 following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-OI-023) 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance "vith City Ordinance Sections 11-13-4.C. and 12-5-2.M. 5. Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91). All site drainage shall be contained and disposed of on-site. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans "vith Disabilities Act. Adopt the Recommendations of the ACHD as follows: 10. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1 L Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 13. Locate the main entrance off Locust Grove Road approximately 100-feet south of the north property line as proposed, located to align or offset a minimum of 125-feet (measured centerline to centerline). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) 14. Construct a stub street to the 2.47~acre parcel north of the site, located between Lot 1, Block 2 and Lot 8, Block 1 as proposed. 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 with District staff. 15. Construct a stub street to the parcels to the south of the site. Install a sign at the terminus of the roadway stating that, lITHIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the location of the stub street and the sign plan with District staff. 16. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet vvithin the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 17. 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 shall be required on the final plat. 18. Construct all public roads within the subdivision as 36-foot street sections "vith curb, gutter, and 5-foot wide concrete sidewalks within 50~ feet of right-of-way. 19. Construct the turnarounds to provide a minim.um turning radius of 45- feet. 20. Other than the public street specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Adopt the Recommendations of the Meridian Fire Department as follows: 21. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 22. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) 23. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 24. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 25. All radii shall be 28' inside and 48' outside radius. 26. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 27. The roadways shall be built to Ada County Highway Standards. 28. All cul-de-sacs shall have a radius of 50'. Additionally, comply with the action of the City Council taken at their February 5, 2002 meeting as follows: 29. The applicant/developer shall be required to determine whether any portion of the residential drainfield of John Shipley encroaches onto the real property described herein. If the drainfield, or any portion thereof, does in fact encroach, applicant/developer shall be required to relocate said drainfield, at applicant/developer's sole cost, onto the property of John Shipley. Said relocation must occur prior to final plat approval. Additionally, all requirements of the Preliminary Plat application apply to this proj eeL II. It is found that if the develope! 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. 12. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-OI-023) assure the proposed development is designed, constructed, operated and maintained in a 111anner 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. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious "vith the general vicinity and to comply with City Ordinances. 13. 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 "vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City, Goals 1 through 10, inclusive. 15. The property can be physically serviced with City water and sewer, since FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-OI~023) the applicant has extended the lines. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon vvritten request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 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 '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: 4.A Goals 1 through 10, inclusive. 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 Densitv Residential District: Only single-family dwellings shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) 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 of low 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 incontpatible nonresidential uses. The R-4 District allows for a ma..ximum of four (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 of land. See Burt VS. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply "vith the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-OI-023) hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5.97 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 5.97 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 of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to 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 follovving conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) 9-1-4 and 9-4-S. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall 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 hvdrants. ,/ 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 5. Off street parldng shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91). All site drainage shall be contained and disposed of on-site. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 8. Provide five-foot-vvide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans "vith Disabilities Act. Adopt the Recommendations of the ACHD as follows: 10. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) 11. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 13. Locate the main entrance off Locust Grove Road approxiInately 100-feet south of the north property line as proposed, located to align or offset a minimum of 125-feet (measured centerline to centerline). 14. Construct a stub street to the 2.4 7 -acre parcel north of the site, located between Lot 1, Block 2 and Lot 8, Block 1 as proposed. 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 with District staff. 15. Construct a stub street to the parcels to the south of the site. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the location of the stub street and the sign plan with District staff. 16. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 17. 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 shall be required on the final plat. 18. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50- feet of right-of-way. 19. Construct the turnarounds to provide a minimum turning radius of 45- feet. 20. Other than the public street specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-OI-023) Adopt the Recommendations of the Meridian Fire Department as follows: 21. That a fire~flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 22. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 23. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 24. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 25. All radii shall be 28' inside and 48' outside radius. 26. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 27. The roadways shall be built to Ada County Highway Standards. 28. All cul~de-sacs shall have a radius of 50'. Additionally, comply with the action of the City Council taken at their February 5, 2002 meeting as follows: 29. The developer shall be required to relocate the drain field off of the proposed project and onto John Shipley's property, which is located on the south side of the proposed project. Additionally, all requirements of the Preliminary Plat application apply to this project. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to Low Density Residential District (R-4), and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official 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 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 ICj0 day of /1? 6 rt/LCvz, '?- ROLL CALL ,2002. COUNCILMAN KEITH BIRD VOTED~-- COUNCILWOMAN TAMMY deWEERD VOTED ~e,,- COUNCILWOMAN CHERIE Mc CANDLESS VOTED $ A.- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-OI-023) COUNCILMAN WILLIAM L.M. NARY VOTED $0....- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2-19-02-- VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. -->",,<~\ '~:'~;'" '." . II-"" ~ -'\. ... r; ! /7 <? ,.:}". 0' """-.:c.< -.:5'-- r-"{,./ L-- l~r . ~r:P'.~ '.-:-i 2: "t~..~' .." Bd~~~~ City Clerk .... Dated: "';" :i ') " f '7. ..... '. ('.'-'-~ So 1"> \;, '; Z:\Work\M\Meridinn\Meridilln 15360M\lnglenook Sub AZO 1-023 PPO 1-023\AZFfCJ&Order :d_,:~~'i '. '> FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-O 1-023) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR INGLENOOK SUBDIVISION, LOCATED AT 2720 SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: PROVIDENCE DEVELOPMENT GROUP, LLC, APPLICANT ) ) ) ) ) ) ) ) ) ) ) C/C 02/05/02 Case No. PP~Ol~023 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 February 5,2002, and Shari Stiles, Planning and Zoning Administrator, Gary Smith, Public Works Director, Kenny Bowers, Melidian Fire Chief, Ashley Ford-Rudel of Hubble Engineering, and John Shipley, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark, Planner for Planning and Zoning, and Bruce Frecldeton, 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 "PRELIMINARY PLAT, INGLENOOK SUBDIVISION, LOCATED IN THE NWl/4 OF THE SW 1/4, SECTION 20, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 1 T.3N., R.1E., B.M., MERIDIAN, IDAHO, NOVEMBER 2001, JOB NO. 4-00-265, SHEET NO.1, k: \Babbit (00-00-00)\ Drawings\Babbit_PREPLAT.dwg, STAMPED DATED: NOV 20 2001, BY: HUBBLE ENGINEERING, INC., CLIFFORD D. BABBIT-OWNER, APPLICANT: PROVIDENCE DEVELOPMENT GROUP, LLC- DEVELOPER", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Melidian 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 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 Distlict (R- 4), and requires connection to the Municipal Water and Sewer System. [Melidian City Code S 11-7-2 C] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Melidian adopted December 21, 1993, Ordinance No. 629. 3. It is detennined that Urban Services can be made available to FINDINGS OP PACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 2 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 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: "PRELIMINARY PLAT, INGLENOOK SUBDIVISION, LOCATED IN THE NW1/4 OF THE SW 1/4, SECTION 20, T.3N., R.IE., B.M., MERIDIAN, IDAHO, NOVEMBER 2001, JOB NO. 4-00-265, SHEET NO.1, k: \Babbit (00-00-00)\ Drawings\Babbit_PREPLAT.dwg, STAMPED DATED: NOV 202001, BY: HUBBLE ENGINEERING, INC., CLIFFORD D. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI~023) 3 BABBIT-OWNER, APPLICANT: PROVIDENCE DEVELOPMENT GROUP, LLC- DEVELOPERI'. 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 "PRELIMIN.ARY PLAT, INGLENOOK SUBDIVISION, LOCATED IN THE NWl/4 OF THE SW 1/4, SECTION 20, T.3N., R.IE., B.M., MERlDIAN, IDAHO, NOVEMBER 2001, JOB NO. 4-00-265, SHEET NO.1, Ie: \Babbit (00-00-00)\ Drawings\Babbit_PREPLAT.dwg, ST.A.MPED DATED: NOV 202001, BY: HUBBLE ENGINEERlNG, INC., CLIFFORD D. BABBITNOWNER, APPLICANT: PROVIDENCE DEVELOPMENT GROUP, LLC-DEVELOPER" is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1. Sanitary sewer and water service to this site shall be via extensions from existing mains in Locust Grove Road. Subdivision designer to coordinate main sizing and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 4 routing with the Public Works Department. This development shall be subject to applicable latecomer fees, which shall be paid prior to City signatures on the final plat map. 2. Applicant shall be responsible to construct pennanent, solid, perimeter fencing, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. A non~combustible fence shall be constructed along the subdivision perimeter that 6borders the Nine Mile Drain. Additionally, a non-combustible fence shall be constructed along the south boundary perimeter of the property. An open-vision fence shall be constructed by the developer on the rear lot lines of Lots 3-5, Block 2 in order to dearly delineate the buildable lots from the NMID easement. A deed restriction shall be added to Lots 3-5, Block 2, requiring only open-vision fencing along their rear property lines. If permitted by the irrigation district, the Commission would support no east perimeter fence along the drain and, instead, allow the rear lot fence to serve as the perimeter fence. This would compliment the pathway and fence design in Tarawood Subdivision, which has wrought iron fencing on the lot lines than a pathway, with no perimeter fence. 3. One of the City Council's reasons for denial was that the open space was not well located. While this reason applies more to the Preliminary Plat than Annexation, it must be addressed. The Applicant has shifted the open space from being adjacent to the east boundary, without street frontage, to being located as a lot with street frontage. The open space is more accessible to the neighborhood but it is not centrally located. An argument could be made that the open space should be shifted to the west in order to meet the intent of the Council's 4-17-01 motion to deny. The P&Z Commission and Council should discuss the location and usability of Lot 5, Block 2 during the public hearing process. 4. Applicant shall modify the plat to reflect all irrigation easements. If the easement line encroaches into the rear property lines of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 5 Lots 3-5, Block 2, a License Agreement with NMID must be submitted prior to City signature on the Final Plat and a letter from NMID granting preliminary approval of the encroachment must be submitted prior to the City Council hearing on the Final Plat. 5. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. A minimum of one (1) tree per every 8,000 sJ. of open space is required in the open space area. The plan must include sizes and species of trees, shrubs, berminglswale details, and all proposed ground cover/treatment. No fencing will be permitted within the landscape buffers. 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. 6. In accordance with City Ordinance 12~ 13M8-I, underground year-round pressurized irrigation must be provided to all common landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the common landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Final Plat. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian 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 plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approvaL 7. Applicant shall submit compaction test results to the Meridian Building Department for any lots receiving fill material. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 6 8. Applicant shall submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. 9. Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. Applicant shall provide five-foot-wide sidewalks in accordance with City Ordinance 12-5-2.K. 11. All construction shall conform to the requirements of the Americans with Disabilities Act. 12. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance No. 12-4-13, except as provided for under site specific requirements. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 13. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 14. Underground year-round pressurized irrigation must be provided to all common landscape areas on the site. 15. Two-hundred-fifty watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividerts expense. Typical locations are at street intersections and/or fire hydrants. 16. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 7 Adopt the Meridian Fire Dept Recommendations as follows: 17. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 18. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 19. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 20. Final approval for fire hydrant location shall be by the Meridian Fire Department. 21. All turning radii shall be a minimum of 28t inside and 48' outside. 22. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 23. The roadways shall be built to Ada County Highway standards. 24. All culNde-sacs shall have a radius of 50'. Adopt the ACHD Recommendations as follows: 25. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 8 28. Locate the main entrance off Locust Grove Road approximately 100-feet south of the north property line as proposed, located to align or offset a minimum of 125-feet (measured centerline to centerline) . 29. Construct a stub street to the 2.47-acre parcel north of the site, located between Lot 1, Block 2 and Lot 8, Block 1 as proposed. Install a sign at the tenninus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE1t. Coordinate the sign plan for the stub street with District staff. 30. Construct a stub street to the parcels to the south of the site. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE1t. Coordinate the location of the stub street and the sign plan with District staff. 31. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk should be located 2-feet within the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 32. 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 should be required on the final plat. 33. Consttuct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of light-of-way. 34. Construct the turnarounds to provide a minimum turning radius of 45-feet. 35. Other than the public street specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Adopt the Central District Health Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 9 36. 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. 37. Run-off is not to create a mosquito breeding problem. 38. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 39. 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. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their meeting held on Tuesday, FebrualY 5, 2002, as follows: 40. Applicant shall supply open space, and such is provided on Lot 5, Block 2, and thus, has increased the open space to a .42 acre lot as common space in the southeast corner of the project. By actio~ of the City Council at its regular meeting held on the 111b- day of ,nbJr(;Cjjv?"'-T ,2002. ROLL CALL COUNCILMAN ANDERSON VOTED f;!e"'-- VOTED~V COUNCILMAN BIRD COUNCILWOMAN deWEERD VOTED $tA...- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) 10 COUNCILWOMAN McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) 2 -( cr - (5 ~ ~~ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. ByJi~j; fy+~ City Clerk (I Dated: ~ ." " .' ,.;c:' !,::j'. ,., .;.' ...;..~i./i\~;. "~'::' c, \\NP ASVRDCO 1 \SERVERZ\ W ork\M\Meridian\Meridian 15360Iv1\Inglenook Sub AZO] -023 PPO 1- 023\FfClsOrdPP. doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-OI-023) II February 15,2002 Department Reports MERIDIAN CITY COUNCIL MEETING February 19,2002 APPLICANT Police Department -- Chief Worley ITEM NO. ~ REQUEST Intrusion Security System Agreement for Evidence Rooms with The Security Group 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. THE SECURITY GROUP PROPOSAL Date: 2/5/02 Job Number: MERIDIAN PO TO: MERIDIAN POLICE DEPARTMENT 201 E IDAHO MERIDIAN, IDAHO 83642 ATTN: CAPTAIN DAVE BOWMAN RECEIVED FEB - 6 2002 City of Meridian City Clerk Office We are pleased to submit the fJ I~ ---..... Job Description: INTRUSION SECURITY SYSTEM - EVIDENCE ROOMS MA TERIALS QUANTITY DESCRIPTION 1.00 DSC 832 8 ZONE INTRUSION CONTROL PANEL 2.00 DSC 832 INTRUSION LCD KEYPAD 2.00 ILCO DOOR CONTROL DEVICE 2.00 HID PROXIMITY READER (ARM & DISARM) 1.00 12V 7AMP INTRUSION BACKUP BATTERY 1.00 DSC 832 POWER SUPPLY 4.00 PERIMETER DOOR CONTACTS 4.00 INTERIOR MOTION DETECTORS 1.00 INTERIOR SIREN 1.00 MISC. MATERIALS AND SUPPLIES Materials total: I $2.900.00 Labor DESCRIPTION 1.00 LABOR: CABLE. TERMINATE, PROGRAM, AND TRAIN. Price valid until: 3/5/02 PLUS APPLICABLE TAXES LABOR SUBTOTAL: TOTAL: $2.355.00 $5,255.00 , INTRUSION' CCTV . ACCESS CONTROL' FIRE THE SECURITY GROUP PURCHASE AND INSTALLATION AGREEMENT 357 E Watcrtower Lme Suite H Meridian, ID 8364-2 (208) 895-8400 / (208) 895-84Q I fa.x Agreement made by and between The Security Group, Inc. (hereinafter referred to as ~Companyj and Meridian Police Department 201 E Idaho Meridian,ID 83642 Proposal: 2/5/02 Intrusion Security System-Evidence Rooms (hereinafter referred to as "Clientj. I. PURCHASE AND INST ALLA nON OF THE SYSTEM The client hereby purchases the equipment itcmiz~-d on the atto.ch...-<< Propo><al (hereinafter called the "System"), and Company agrees to install such system upon the follnwing terms and conditions hereon and any addenda 011' "schedules~ attached hereto, Clli>1:nmer acknowledges reading all atto.ched items. 2. CONDITIONS OF PURCHASE AND INSTALlATION A. Provision of any o;ervices or materials covered by the Agn.-cmcnt is conditioned upon the t~'<ffiS and conditions contain~-<< herein. Any additional or different terms or conditions proposed by Client arc not binding upon the Company unless specilkally agreed to in writing by the Company. B. Client authori7,cs Company or its dcsign~-c to enter the premises of the Client to install the ~)'stem, and to make any preparations appropriate to the installation or service of the sy~1:em, such as drilling boles, making attachments, etc. Company shall not be responsihle for any damage created by in~'tallation, service or removal of the system. C. Client will provide all conduit and line voltage and telephone hookups necessary for the installation, maintenance and operation of the system. Any costs incum.-d by the Company resulting from such items not being in place at the proper time shall be borne by the Client. D. Client shall identify any rules, regulations, standards or codes with which the system must comply, and shall obtain and pay for any necessary licenses or other certificates of compliance with same. Client is solely responsible for any taxes (including sales taxes) fees, false alarm fines, and any other governmental assessments related to the alarm equipment or s)'l>1:cm operation and shall rcim burse and indemnify the Company for any such cxpenses incurred. by the Company. The Client and Company are each responsible for obtaining any nccessary licenses or permits needed. to perform their respective obligations under this Agreement. E. Client shall pay to the Company any cost.~ incurred. by the Company for any additions, corrections or changes to the system that may be requ~1:ed or required by the Client or by anyone else except the Company. Client has approved the location of all components of the system. Any changes in location requested by the Client after the signing of the Agreement will be at the Client's cxpense. 3. WARRANTIES A. The system and its components arc or may be covered by manufacturers' warranties having various terms and durations. Tbe Company makes no separate or additional warranty as to the system or its components, except as ~pccifical]y provided in this agreement. B. The company does warrant that the materials installed under this Agreement shall be as specified in this Agreement and shall meet the manuhcturer's specifications for same at the time of original installation, cxcept that the Company may substitute materials of equal quality at the time of installation. Should any part of the system become defective or sbould any repairs be required as a result of defects in materials or workmanship, upon notice to the Company by the Client at the Company'sadclress set forth herein, the Company agrees to make all necessary repairs and/or replacements ofparts promptly and without co~1: to the Client for a period of ninety (90) days from the date of installation, subject to the Buyer's compliance with the condition of the warranty set forth in this Agreement, and availability of replacement parts. The Company may either replace or repair the product, and may substitute materials of equal quality at the time of replacement. This limited warranty docs not apply to any damage to or defects in materials or equipment caused by accident, misuse, unauthorized repairs or attempts to repair, modifications or improper installation by anyone other than the Company. C. Client agrees as a condition of this limited warranty to test and inspect the system immediately upon substantial completion of installation and to advise the Company within fifteen (IS) days of any defect, error or omission in the sy~1:em. At the end of said fifteen days, the installation shall be deemed satishctory to and accepted by the Client. D. EXCEPT AS SPECIACALLY SET FORTH IN TIllS AGREEMENT, TIlE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATIER WHATEVER, INCLUDING WARRANTIES OF HABITABlUTI', MERCHANTABlUTY OR fffNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO WARRANTIES OR REPRESENT A nONS WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT. E. The Company does not represent, guarantee or warrant that any system provided by it under this Agreement will operate as d~ign(.>d, or is suitable for any particular purpose, or will prevent any loss by burglary, fire or otherwise, or will in all cascs or any particular case provide the detection for which it is intended.. The Company represents only tbat the components of such system meet manufacturers' specifications at the time the system is originally installed. Company is not an Insurer against los.~ of damage, and all insurance arrangements to cover loss, property damage or personal injury must be made separately by the Client. The Client a.ssumes all risk of loss or damage to tbe premises or to the content~ thereof, as well as all risk of the physical or mental well-being of persons therein. Company shall not be responsible for consequential damages or injury of any kind. Client hereby acknowledges that Client has read and understands this entire Agreement, including the terms and conditions on the back of this page, in addition to any Addenda or "schedules" that are attached hereto and are fully incorporated into this Agreement. This Agreement is not binding on Company without Company's management approval. Company: The Security Group, Inc. By: Title: Date: Client: Meridian Police Department By: Title: Date: " INTRUSION. CCTV ACCESS CONTROL. FIRE +. NO SERVICE PROVIDED A. Except as .pecilically provided in the Agn.-ement, the Company shall not be obligated to provide servicc of any type on the ''Y.1:em or any of its components. If the Client wishes the system to be serviced, monitored or inspected hy the Company, .uch an agreement shall be included and attached as an addenda. B. If the Client shall discover a defect in any of the products purchased under this Agreement, Client should imm.....nately notity the Company so that repair service, whether or not covered by warrant, may be promptly rcndercd~ 5. TRAINING Company will provide in.tructions to Client in the appropriate use of the system. However, the nature and extent of this training shall be in the sole discretion of the Company, and Client is solely responsible for training all users of the ')'l>1:em in its proper operation. Company shall not be responsible for damages of any kind based in any way on a claim that its training was inadequate or that the Client did not know how to operate the system properly. 6. TITLE; RISKS OF LOSS OR DAMAGE A. Title to the system and all of its component parts shall remain in the Company until the Client has paid for the ''Ystem in full, at which time it shall lx'f;Ome the property of the Client. Company or any subrontractor engaged by the Company to perform work or furnish materials woo is not paid may have a claim against the Client or the owner of the premises, which may be enforced under the applicable lien laws. B. After installation has commenced and until inseollation of the system is sub.tantially completed, the Company shall bear the risk of loss thereof. However, repairs or reinstallation n=ry due to damage to the system caused by persons or entities other than the Company shall be at Client's expense. 7. DEFAULT BY CLIENT If the Client defaults in the performance of any of its obligations under this Agreement or any other agreeOlent between the parties, including failure to pay to the Company any monies when due, the company may suspend performance under any such agreement, and may pursue against the Client any remedy available at law or equity, now or in the future, including collection interest on any unpaid balances at the rate of 1.75% per month, and in addition, ifthe Company commences legal proceedings or retains the services of a collection agency or attorney to enforce its rights under this Agreement, Client shall also pay Company's reasonable attomeys' and collection agency fees. In the event oflega! action between the parties in connection with their re>pective rights and obligations under this Agreement, the parties waive trial by jury and Client waives the right to interpose any counterclaim in any action or proceeding commenced by the Company. 8. INDEMNIFICATION, DAMAGES AND UMITATION OF LIABIliTY A. Client shall defend, indemnify and hold harmless the Company from any expense, liability, loss, claim or damage, including pemmal injuries, made by any person including those not a party to this agreement, relating in any way to the systcm(s) or scrvice(s) referred to in this agreement, without regard to whether the Company :was at fuult. Client on its own behalf and on behalf of any insurance carrier waivC3 any right of subrogation Client's insurance carrier may otherwise have against the Company, its agents, employees and subcontractors arising out of this Agreement or the relation of the parties hereto. B. Client's exclusive remedy for the Company's br~ of or failure to perfonn under this Agreement or relating in any way to any relationship between the parties connected with the system referred to in this Agreement, for any reason including negligence or gross negligence, is to require the Company to repair or replace at the Company's option, any equipment or part of the security agreement which is non-operational due to f.lUlt of the Company during the limited warranty period according to the terms and conditions contained in this Agreement. C. The value of the Client's property or the property of others kept on the premises at which the ~'Ystem is installed, which may be lost, stolen, de>1:royed, damaged or otherwise affected by occurrences which the System is designed to detect, alert or avert is completely unknown to and outside of the control of the Company, and Company is not an insurer. In addition, the company has no control over response times of any emergency service provider, and it would be extremely difficult to ascertain what portion, if any, of any loss or damage would be proximately caused by any failure on the part of the Company. Charges are based solely upon the value of the goods and services provided, and are unrelated to the uses made by the Client of its premises or any property thereat, or the well-being of people thereon. The amounts payable by the Client are not suffident to warrant the Company assuming any risk of damages, including consequential damages, for any property damages or personal injuries, due to Company's negligence, gross negligence, failure to perform, or any reason whatever. Client agree! that It does not desire the Company to assume any risk of damages, and agrees that the Company sha11 not be liable for .same. Client further agrees that if the company should be found liable due to any failure by the Company to perform any obligation, under this Agreement or otherwise, or the fuilure of the systernto operate properly in any respect, Company's liability shall be limited to 10% of the total purchase price or $2.50, whichever is less, and that this liability shall be exclusive. Client may, at its option, increase the amount of this limited liability by separate agreemen~ with the Company at increased cost proportionate to the Company's inQ"eased risks, whiCh shall not be insurancc coverage. 9. ASSIGNMENTS AND DELEGA nONS The Company may assign this Agreement to any other person, firm or corporation without notice to or approval by the Client, and may subcontract any activities, which it may perform under this Agreement. The Client may not assign or delegate any rights or obligations under this Agreement, either voluntarily or hy operation oflaw, without advance written consent of the Company. 10. lNVALID PROVISIONS If any of the parts of this Agreement shall be determined by a court of competent juri <;diction to be invalid or inoperative, all of the remaining parts shall remain in full force and e/fect. 11. ENTIRE AGREEMENT This writing is intended by the parties as the finale expression of their Agreement and as a complete and exclusive statement of the terms thereof. This Agreement supersedes all prior represenbtions, understandings or agreements between the parties; there are no prior writing, verbal negotiations, understands, representations or agreements not expressed in the Agreement, and the parties rely only upon the contents of this Agreement in executing it, and have not relied on any other representation, oral or otherwise, made by the parties, their agents or employees. This Agreement may be modified only by a writing signed by each of the parties or their duly authorized agents. No waiver of breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. This Agreement shall bind and benefit the heirs, SUCCCSSOl1l and assigns of the respective parties. 12. RECEIPT AND REVIEW OF AGREEMENT The Client specifically acknowledges that it has received a copy of the Agreement in its entirety and has read the same, understood it and agrt.-ed to its cOllten~ before signing it. "' THE SECURITY GROUP February 5, 2002 Meridian Police Department Attn: Captain Dave Bowman 201 E Idaho Meridian, ID 83642 Dear Captain Bowman: Thank you for choosing The Security Group, Inc. We look forward to serving your company. Enclosed are two copies of our "'Purchase and Installation Agreement." Please sign both copies and return them to us. We will then sign the agreement and return one signed copy for your records. Again, we look forward to working with you. If you have any questions, please contact us at (208) 895-8400. Sincerely, da li INTRUSION' CCTV . ACCESS CONTROL. FIRE I' . INVITATION TO BID I I I I I I I I I I I I I I I I I I CITY OF CALDWELL NEW CALDWELL POLICE FACILITY 110 S. 5th Avenue, Caldwell, ID 83605 Sealed bids will be received by the City of Caldwell at the Offices of Thomas R. Ensley & Associates, 1002 Blaine Street, Suite 201, Caldwell, ill 83605 for the construction of the New Caldwell Police Facility to be located at 110 S. 5th Avenue, Caldwell, Idaho. Bids will be opened at the Beniton Construction Project Job Office, 208 S. 4th A venue, Caldwell, Idaho 83605 at the time listed below: BID DATE: Tuesdav, January 30, 2001. BID TIMES: Bid Package # 23 - Security System UV, 2:00 P.M. All bids must be signed and include all the information requested on the form, Use only the bid fonn provided in the specifications. Submit all pages of the bid form. 'No attachments or modifications to the bid form will be accepted, unless specifically directed to do so on your individual bid fonn. This will be deemed as non-responsive. NO F A..:X BIDS WILL BE ACCEPTED. Owner assumes no liability for illegible bids. PRE-BID CONFERENCE: THlJRSDA Y, JANUARY 18.2001 @ 1:30 P.M. LOCATION: BENnON CONSTRUCTION JOB OFFICE 208 S. 4th AVENUE. CALDWELL, IDAHO No bids may be withdrawn after the scheduled time for receipt of bids. The Owner reserves the right to reject any or all bids, or to waive any informality or irregularity that is deemed in the best interest of the Owner. This is a Construction. Management proiect. All bidders will be required to provide both a Bid Security and PaymentJPerformance BondS'. Each bid must be accompanied by a certified or cashiers check on an Idaho Bank, or bid bond, with Idaho State Licensed Surety Company as surety, in an amount not less than 5% of the total bid made payable to: City of Caldwell, Caldwell, Idaho. This surety shall be forfeited by the bidder in event of failure to sign the contract or furnish the necessary 100% Performance Bond and the necessary 100% Labor and Materials Payment Bond. Bidders shaH be licensed in the State ofIdaho, in accordance with the provisions of an act known as "Public Works Contractors' State License Law, HE. No. 293, Thirty-Third Legislative Session 1955". The Term "Public Works Contractor" includes Contractor, sub-contractor, or specialty contractor regardless ofthe dollar valued. ITB-l " I .. " I I I I I I I I I I I I I I INVITATION TO BID CITY OF CALDWELL NEW CALDWELL POLICE FACILITY 110 S. 5th Avenue, Caldwell, ID 83605 Copies of the Contract Documents may be secured from the office of the Construction Manager: Beniton Construction, Ine., 536 S. Meridian Road, Meridian, Idaho, 83680 on the following basis: . No deposits will be required for each set of plans and specifications will be required. ITB-2 I , I , --,~~-=-..,;. . - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum - Construction Manager-Adviser Edition AlA Document A 1 01/CMa ~ Electronic Format THIS DOCUMENT HAS IMPORT ANT LEGAL CONSEQUENCES: CONSULTATION W!TH AN ATIORNEY IS ENCOURA.GED \VITi I RESPECT TO ITS COMPLETION OR tvlODIFICATION, AUTHENTlCAT10N Of THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE SY USING AlA DOCUMENT D401. The 1992 Edition of AlA Document AlOIJCMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, is adopted in this document by n:ference. Do not use with other general conditions unless this document is modilicd. Copyright 1975. 1980, copyright \992 by The American Institute of Architects, \735 New York Avenue N.W., Washington D"C. 20006.5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United Slalcs anJ WLU bc subject to legal prosecution. AGREEMENT made as of the Twenty-Sixth day of Februarv in the year of200 1. (In words. indicate day, mOll/h alrd year) BETWEEN the Owner: (Name and address) City of Caldwell - E!Jay Waite 621 Cleveland Blvd. Caldwell. Idaho 83606 __Phone: 455-3000 _Fax: 455-3003 and the Contractor: (Name and address) Bid Package #23 - Security Svstem The Security Group 357 E. Watertower Lane, Suite "H" Meridian. Idaho 83642 Phone: 895-8400 Fax: 895-8401 Foc the following Project: (Include detailed description oj Project, location, address and scope.) Caldwell Police Facility 110 S. 5th Avenue Caldwell, Idaho 83605 The Construction Manager is: (Name and address) Beniton Construction Company P.O. Box 838 Meridian. Idaho 83680 Phone: 884-0027 Fax: 884-4626 The Architect is: (Name and address) Thomas R. Ensley & Associates - Thomas Enslev 1002 Blaine Street. Suite 201 CaldwelL Idaho 83605 Phone: 459-2889 Fax: 459-6449 AlA DOCUMENT AIOI/CMao OWNER-CONTRACTOR AGREEMENT 0 CONSTRUCTION MANAGER.ADVISER EDlTJON - AlA. COPYRIGHT ]992. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C 20006-5292.; Unhcenscd photocopying violates U.S. copyright laws and is subject to kgalllrosccution. This docul1lent was electronically produced with permission of the AlA and can ~ reproduced without violation until the date of expiration as noted below. Electronic Format AIO 1/CMa-1992 User Document: SECGROUP.DOX-F -- 3/6/2001. AlA License Number 105327, which expires on 6/7/2001 -- Page #1 .. , ,1e Owner and Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form tbe Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either wrilten or oral. An enumeration of lhe COli tract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent speciticaily indicared in the Contract Documems to be the responsibility of others, or as follows: Including provisions outlined within the Bid Package #23 defined for this contract. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3. i The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. ({/lsert Ihe date oj commencement. if it differsJrom Ihe date oJtf1is Agreement or, if applicable. stale thallhe dale wi/! befrxed in a /lollce to proceed.) November 6, 2000. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work to permit the timely filing of mongages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number oj calendar days after the date oj commencement. Also insert ony requiremems Jar ear/ier Substolll/<11 Complellon of certain portions of the Work, ifnot staled elsewhere in the ConTract Documents.) August 3 I. 200 I. Contractor to comply with the Proiect Schedule developed by the Construction Manager. , subject to adjustments oHhis Contract Time as provided in the Contract Documents. (insert provisions. if any. for liquidated damages relafirtg to failure 10 complere on rime.) /nser( A: Liauidateq Damaaes will be assessed at a value of $900" 00 oer calendar day if the Contractor falls behind the PrQiect Schedule orovided bv the Construction Manaaer. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in CWTent funds for the Contractor's perfonnance of the Contract the Contract Sum of Sixty Nine Thousand Ei~ht Hundred Ei~htv Five and NonOa Dollars ($ 69,885.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification oj accepted alternales. if decisions on other allernates are 10 be made by Ihe Owner subsequent to Ihe exeCUllOn of Ihls Agreemem, arrDch a schedule of such OIher aftemales showing the amounl for each and tire date untilll'lrich rhal amount is valid.) 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 AlA DOCUMENT Al OllCMa' OWNER-CONTRACTOR AGREEMENT' CONSTRUCTION MANAGER-ADVISER EDITION - All'. - COPYRIGHT 1 Y92. THE AMERICAN LNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.. WASHINGTON D.C 20006-5292.; Unlicensed photocopying violaws U.s. copyright laws and is subject to legal prosecution. This document was electronically produced with pcmlission of the AlA and call he reproduccd withoul violation until the dute of expiration us notcd below. 1, Electronic Fonnat AIOIlCMa-1992 User Document: SECGROUP.DOX~F -- 3/6/2001. AlA License Number 105327, which expires on 6/7/2001 -- Page #2 r' io". DIRK KEMPTHORNE Governor PAMELA I. AHRENS Director JAN COX Adminismttor MAY 25,2001 St te of Idaho Department of Administration Division of Purchasing 5569 Kendall Street (83706-1231) P.O. Box 83720 Boise, ID 83720-0075 T\lJ~phone (208)327-7465 or FAX (208)327.7320 hltp:llwww.slate.id.usiadm ATTN: JEFF KEZAR THE SECURITY GROUP INC 357 E WATER TOWER LN STE H MERrD!.~, ID 83642 We received a vendor registration form and a check request:ir:g YOl.:.!" placement on the State of Idaho bidder 's list. Accorc:i.ng:o our records, you are already a registered vendor. Your ver:dor number is #28621 , Enclosed please find your check. If you have any questior:.s call our office (208)327-7465 between 8:00am-5:00pm MST, Friday. please YlondilY - Thank you for your interest in supplying the needs of the Sc:ate or Idaho. w~\ 't: ~l t 1.c\:../V'-<J Ro~e~ Evans Vendor Registration Clerk l "Serving Idaho citizens through effective services to their governmental agencies" , . STATE OF ID: ), DEPT. OF ADMIN., DIVISr OF PURCHASING DATE: OS/25/01 VENDOR LISTING PAGE: 1 VENDOR: 28621 I SECURITY GROUP, THE (Boise) RATING: 0 ---------------------------~-------------------~--------------------------~- P.O. ADDRESS ID: 28621 BID ADDRESS ID: 28621 JEFF KEZAR JEFF KEZAR 357 E WATER TOWER LN STE H 357 E WATER TOWER LN STE E MERIDIAN ID 83642 MERIDIAN ID 83642 CORPORATE ADDRESS ID: 28621 JEFF KEZAR 357 E WATER TOWER LN STE H MERIDIAN ID 83642 REMITTANCE ADDRESS ID: 28621 JEFF KEZAR 357 E WATER TOWER LN STE H MERIDIAN ID 83642 -------------------------------------------------~--------~----------------- Parent Vendor: Approved Status: Status Set By: Reason Code: Expiration Date: Notify Person: Last PO Date: Yes SUPERVISOR 11/04/01 REVANS Date: 04/03/98 I SECURITY Administrator Last Bid Response: Contact Name / Phone SALES: JEFF KEZAR 800-238-3584 or 208-895-8400 ~ \i\PWt. Llf Mt ~~'- ~~ eL SERVICE: MANAGER: FAX: 208-895-8401 ALL NET30 DFPA Minority Vendor Code: Terms: FOB: Shipping M~thod: Type Of BUSlness: Tax Code: 82-0471942 Duns #: SIC Code: Year Established: With Us Since: Electronic Code: 1 Print only EDI Receiver ID: Auto PO Vendor? Y Default PO Status: AP Vendor ID: 28621 Auto Vendor Item: OK to Approve INV?: Y ---------------------------------------------------------------------------- Commodity Auto Class Description PO? , ". ~ STATE OF IDl I, DEPT. OF ADMIN., DIVISII OF PURCHASING DATE: OS/25/01 VENDOR LISTING PAGE: 2 VENDOR: 28621 I SECURITY GROUP, THE (Boise) RATING~ 0 ---------------------------------------~------------------------------------ Commodity Auto Class Description PO? -------~---- ----------------------------------- 80330 Intercom Systems, Group {For Panel 80345 Music Systems and Components: Ampli 80350 Music Systems and Components (Stere 80380 Speakers a~d Accessorles: Drivers, 99005 Alarm Servlces 99022 Card Access Security Services 99031 D~spatching Servicesl Police 99042 Flre and Safety SerVlces 99050 Installation or Security Equipment 99080 Surveillance Services N N N N N N N N N N -----------------------------------------------------~---------------------- Region Description ------------ -----------~-----------~----------- 1 Zone l-Coeur d/Alene 2 Zone 2 - Lewiston 3 Zone 3 - Boise 4 Zone 4 -Twin Falls 5 Zone 5 - pocatello 6 Zone 6 - Idaho Falls RECORDS SELECTED: 1 ---------------------------------------------------------------------------- *** END OF REPORT *** ~======~=====~====~~==~~=~==~======~;=======~=======;====~===~=~=~=~=========~ l ii-" "- ""' . .". ," ",""." >', ;; i: \ , i ' " . :, ~ . ,: . I C.../,:'.:<.'~.'1'/r,".~J,.., C" ,...<. >-; ,. .;,.( 't\.',JI, ~.../' -.:).'&"'\', .~', t. .,,";' "', ,? ,I' " " "~; ,>' .", ,".{ l ,'. " l" 1> k.. ",' .' f,~'.~ ", i /_,..;.:~.:,~.f\..\> '/\':'"i{;.':<~~.. .;} \ c';,(~~,:.':~:;,::,'\, '}:A-,\"~,":'~.J"<':' I" _ ;".' '\'".,. ">':'::";',:,1:' i ':t "~l(J( "f .'c'-,:' "r' . ,'" c, cc" " _ : " . c. ' . Ct : ,._'(.':.'..,;,,:~".<,.!_Ii .. ~ It. '(I'. ~; .~' ( ..:'..~.', ~ . '{ \),,1' ,', ."'" J" ' I.t' '"" 1;" ..I..~.,,'<~ ~~.:i-::,..:;.." 'i, ',. " ",..~" " '1.' i. . ;.:(,:~': ,,>',{,"7',', ',. " '. (' : .', " .,.", '" c , . ..... : ,".- ."\ '" ". y [.;. : ,\: " _ ' '; '" r ,;} , po :I .! .~ ,,~') .~ I ... !. I t j. "1'::., \.,; l' < 'II >"'; " t . ~ " '. ' ,. ,', : . /..,~'_C-~._':"___:i-,____':"'''':''':'''~~--~'---~~',......i.:.:..I-:..!''''~:' \~ ';1 ,'I , ~... , , , I ~ \ I, 0" /, 1- \ " I,' '. " ~ ",/ .. \ 'I .~ I.',.. . .~,'. "" ~ - : .' '. . ~:) j of J.... ~ ," < . ~ t ~ ,r .....ti.. , - :c .8 if) ~ t: C'.J "d' co -J \0 ) N ~ cY') Q) CJ 00 \' ~ 3 0 ;f 0 ..c . 't co '~~ 0::: Q) "'0 ....... t, co - 'I ~ ....... ~ ~ t: t: CJ co .~ . Q) "'0 l.J,j .:a ~ .- ~ U) r---- 'C Q) CJ U") CJ '1 l- 2: 1 """':) 0.. C'f) ",i;-, 'l 'l. " ~. , (fl "- .. '\ i.- t ~ ~ 'I , i ~ ~ ~ 1 I ~. I' I ~ "' '-" ~ ~ " ,. .... ."1 ".J' ~' l ... . .-~ ~" , , c o o "d' 00 U") 0"1 00 00 o C'-l o o \0 Q'\ T"""'4 r---. cY') 00 o N E o u u c oa =' o En Z" ot:: =' u Cl) U) @) ::::::: Cl) .- T"""'4 o .qo 00 liJ Q'\ 00 cO o C'.J CJ t: o ...c 0... - 03 U - ro 2: I L.1.J x LE >< ~ ,.....~ Ct::::J L,.W::JO :ctcl~ ~Cf)l? ',. '.it. /,; .' '[ ,,/. " .~ ~. " , ~ \;,;-' . " {. I , t ." ~-. ~-.I ..~ , " ; c \., .t\'~ -r l '. '. ~' ). . >-" l'! . \ \ , ~' " I, " l.l.J 0::: '. .,Ij J . ... .';'. }" ,', L.L. z . , 0 [J) ::J 0:: i-- Z , THE SECURITY GROUP PURCHASE AND INSTALLATION AGREEMENT 357 E Watertower Lane Suite H Meridian, ID 836+2 (208) 895-8400 / (208) 895-8401 fax Agreement made by and between The Security Group, Inc. (hereinafter referred to as "Company") and Meridian Police Department 201 E Idaho Meridian, ID 83642 Proposal: 2/5/02 Intrusion Security System-Evidence Rooms (hereinafter referred to as "Client"). I. PURCHASE AND INSTALLATION Of THE SYSTEM The client hereby purchases the equipment itemized on the attlch~-d Proposal (hereinafter called the <<System"), and Company agrees to install such system upon the following terms and conditions hereon and any addenda or "schedules>> attlched hereto, Cw;tomer acknowledges reading all attached items. 2. CONDITIONS OF PURCHASE AND INSTALLATION A. Provision of any services or materials covered by the Agreement is conditioned upon the terms and conditions eonrnined herein. Any additional or different terms or conditions propos~'<i by Client are not binding upon the Company unless specifically agreed to in writing by the Company. B. Client authori7.cs Company or its designee to enter the premises of the Client to install the system, and to make any preparations appropriate to the installation or service or the system, such as drilling holes, making attachments, etc. Company shall not be responsible ror any damage created by in~1:allation, service or removal of the system. C. Client will provide all conduit and line voltage and telephone hookups necessary for the installation, maintenance and operation of the system. Any costs incurred by the Company resulting from such items not being in place at the proper time shall be borne by the Client. D. Client shall identilJ any rules, regulations, standards or codes with which the system must comply, and shall obtain and pay for any necessary licenses or other certificates of compliance with same. Client is solely responsible for any taxes (including sales taxes) fees, false alarm fines, and any other governmental a.'>SCSSmcnts related to the alarm equipment or system operation and shall reimburse and indemnify the Company for any such expenses incurred by the Company. The Client and Company arc each responsible for obtaining any necessary licenses or permits needed to perform their respective obligations under this Agreement. E. Client shall pay to the Company any cost~ incurred by the Company for any additions, corrections or changes to the system that may be requested or required by the Client or by anyone else except the Company. Client has approved the location of an components of the system. Any changes in location requested by the Client after the signing of the Agreem ent will be at the Client's expense. Comp By~ Title: Date: 3. WARRANTIES A. The system and its components arc or may be covered by manufacturers' warranties having various terms and durations. The Company makes no separate or additional warranty as to the system or its components, except as specifically provided in this agreem ent. B. The company docs warrant that the materials installed under this Agreement shall be as specifled in this Agreement and shall meet the manuEacturer's specifications for same at the time of original installation, except that the Company may substitute materials of equal quality at the time of installation. Should any part of the system become defective or should any repairs be required as a result of defects in materials or workmanship, upon notice to the Company by the Client at the Company's address set forth herein, the Company agrees to make all necessary repairs and/or replacements of parts promptly and without CO&'t to the Client for a period of ninety (90) days from the date of installation, subject to the Buyer's compliance with the condition of the warranty set forth in this Agreement, and availability of replacement parts. The Company may either replace or repair the product, and may substitute materials of equal quality at the time of replacement. This limited warranty does not apply to any damage to or defects in materials or equipment caused by accident, misuse, unauthorized repairs or attempts to repair, modifications or improper installation by anyone other than the Company. C. Client agrees as a condition of this limited warranty to test and inspect the system immediately upon substantial completion of installation and to advise the Company within flli:een (15) days of any defect, error or omission in the system. At the end of said fili:een days, the installation shall be deemed satisfactory to and accepted by the Client. D. EXCEPT AS SPECIRCALL Y SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MAlTER WHATEVER, INCLUDING WARRANTIES OF HABlTABlLlTI', MERCHANTABILITY OR ATNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO W ARRANTlES OR REPRESENTATIONS WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT. E. The Company does not represent, guarantee or warrant that any system provided by it under this Agreement will operate as designed, or is suitable for any particular purpose, or will prevent any loss by burglary, flre or otherwise, or will in all cases or any particular case provide the detection for which it is intended, The Company repr~"Sents only that the components of such system meet manufacturers' spedlkations at the time the system is originally install~..J.. Company is not an Insurer aguinst loss of damage, and all insurance arrangements to cover loss, property damage or personal injury must he made separately by the Client. The Client a.~sumes all risk of loss or damage to the premises or to the contents thereof, as well a.~ all risk of the physical or mental well-being of persons therein. Company shall not be r~'spon;;ible for consequential damages or injury of any kind. Client hereby acknowledges that Client has read and understands thj~, cp,ti,re4w.eement, including the terms and conditions on the back of this page, in addition to any Addenda or "schedules" that are attach~d"n,~;ff? ~?~~'J[UlLy. ~corporated into this Agreement. This Agreement is not binding on Company without Compa 's nt approval~,,'.""', "...__.~.~-,.::';:>_ "', ~> c.p" ,...:,",?O: t; ;'1.1'''. '"/t ". ~::.. ..,,:(;'l'~ '00. ::: 'k B' - y: ~. f t'<'" ~ ',~ nitle.: ..': .. \ ~1 ~_.~: ".""'Dat,e' .' ~\:\ ~~Aj~'~~'cl.. v; // . A. -~ 0 .-_ ...~, '......., :~,t,' ~ ~~ ,.. C c__;.~ '., .~"t: fL 3---~.:;,~. 9 N T L. O' FIR E . . "'",'~:""7~.~!Y:KYW!4J/d~ ~~ Cok~c.:c. Z-{e;-tJ2 '.e~ INTRUSION 4. NO SERVICE PROVIDED A. Except as specifically provided in the Agreement, the Company shall not be oblig'lted to provide service of any type on the system or any of its components. If the Client wishes the system to be serviced, monitored or inspected by the Company, such an agreement shall be included and attached as an addenda. B. If the Client shall discover a defect in any of the products purchased under this Agreement, Client should immediately notify the Company so that repair service, whether or not covered by warrant, may be promptly rendered. ' S. TRAINING Company will provide instructions to Client in the appropriate use of the system. However, the nature and extent of this training shall be in the sole discretion of the Company, and Client is solely responsible for training all user.; of the system in its proper op=ition. Company shall not be responsible for damages of any kind based in any way on a claim that its training was inadequate.or that the Client did not know how to operate the system properly. 6. TITLE; RISKS OF LOSS OR DAMAGE A. Title to the system and all of its compon~t p;u:1S s~1 remain in the Company until the Client has paid for the system in fuji, at which time it shall become the property 'of the CHent. Company or any subcontr.lctor engaged by the Company to perfonn work or furnish materials who is not paid may have a claim against the Client or the owner of the premises, which may be enforced under the applicable lien laws. B. After installation has commenced and until installation of the system is substantially completed, the Company shall bear the risk of loss thereof. However, repairs or r<;installation necessary due to damage to the system caused by persons or entities other than the' Company shall be at Client's expense. 7. DEFAULT BY CLIENT If the Client defaults in the performance of any of its obligations under this Agreement or any other agreement between the parties, including F.tiIlll"e to pay to the Company any monies when due, the company may suspend performance under any such agreement. and may purSue against the ClieOt any remedy available at law or equity, now or in the future, including collection interest on any unFid balances at the rate of 1.75% per month, and in addition, if the Company commences legal proceedings or retains the services of a collection agency or attorney to enforce its rights under this Agreement, Client shall also pay Company's reasonable attorneys' and collection agency fees. In the event of legal action between the parties in connection with their respective rights and obligations under this Agreement, the parties waive trial by jury and Client waives the right to interpose any counterclaim in any action or proceeding commenced by the Company. 8. INDEMNlFICATION.DAMAGESANDLIMITATIONOFUABILITY' A. Client shall defend, indemnify and hold harmless the Company from any expense, liability, loSS', claim or damage, Including personal injuries, made by any person including those not a party to this agreement, relating in any way to the systcm(s) or service(s) referred to in this agreement, without regard to whether the Company was at fault. Client on its own behalf and on behalf of any insurance carrier waives any right of subrogation Client's insurance carrier may otherwise have against the Company, its agents, employees and subcontr.lctol'S arising out of this Agreement or the relation of th<! parties hereto. B. Client's exclusive remedy for the Company's breach of or failure to perform under this Agreement or relating in any way to any relationship between the parties connected with the system referred to in this Agreement, for any =n including negligence or gross negllgence, is to require the Company to repair or replaa:.t the Company's option, any equipment or part of the security agreement which is non-opcr3tional due to fault of the Company during the limited warranty period according to the terms and conditions contained in this Agreement. C. The value of the Client's property or the property of others kept on the premises at which the system is installed, which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the System is designed to detect, alert or avert is completely unknown to and outside of the control of the Company, and Company is not an, insurer. In addition, the company has no control over response times of any emergency service provider, and it , would be extremely difficult to asccrt:ain what portion, if any, of any loSs or d.wage would be pro~ately callSed by any failure on the part of the . ,Company. Charges are based 1IOIely upon the value of the goods and services provided, and are unrelated to the uses made by the Client of its premises or any propert)' the,~t. or the well-being of people thereon. The amounts pajah1e by the, Client are not sufficient to warrant the Company assuming any risk of damages, including consequentia.! damages, for any propert}' d:amages or perwnal injuries" due to Company's negligence, gross negligence, failUre to , perform I or any reason whatever. Client agrees that it does not desire the Company to assume any risk. of damages, and agrees th:1t the Company shall not , be liable for same. Client further agrees that if the company should be found liable due to any failure by the Company to perform :any obllgatlon, under this Agreement or otherwise, or the failure of the system to opcr.rte properly in any respect, Company's liability shall be limirecl to 10"/0 of the total purchase price or $250, whichever is 1=, and that this liability shall be exclusive. Client may! at its option, ina-ease the amount of this limited liability by separate agreement with the CompanY:l~ ina-eased cost proportionate to the Company's ina-eared risks, which shall not be insurance a:;verage. 9. ASSIGNMENTS AND DELEGApONS The Company may assign this Agreement to any other pcrson,firm or corporation without notice to or approval by the Client. and may subcontnct my activities, wbich it may perfonn under this Agreement. The Client may not assign or delegate any rights or obligations under this Agreement, either volunt::uily or by opel'<ltion of law I without advance written consent of the Company. 10. 1NV ALID PROVISIONS If any of the pm:s of this Agreement shall be determined by a court of comPetent jurisdiction to be inv3lid or inoperative, all of the remaining parts shall remain in full fOrce and effect. . II. ENTIRE AGREEMENT This writing is intended by the parties as the finale expression of their Agreement and as a complete and exclusive statement of the terms thereof. This Agreement supersedes all prior represcnbtions, understandings or agreements between the parties; there are no prior writing, verbal negotiations, understands, representations or agrL'Cmcnts not expressed in the Agreem ent, and the parties rely only upon the contents of this Agreement in executing it, and have not relied on any other representation, oral or otherwise, made by the parties, their agents or employees. TItis Agreement may be modified only by ~ wr't:~g signed by each of the parties or their d'Jly ;lUthOri7~ agents. No waiver of brClch of any tcrm or condition of this Agreement shall be construed to be a waiver of any SUl;ret.>ding breach. 'This Agreement shall bind and benefit the heirs, successors and assigns of the respect] vc p2rtlL-S. 12. RECEIPT AND REVIEW OF AGREEMENT The Client specifically. acknowledges that it has received a copy of the Agreement in its entirety and has read the same, understood it and agreed to its contents before signing it. . THE SECURITY GROUP PROPOSAL Date: 2/5/02 Job Number: MERIDIAN PO TO: MERIDIAN POLICE DEPARTMENT 201 E IDAHO MERIDIAN, IDAHO 83642 A TTN: CAPTAIN DAVE BOWMAN We are pleased to submit the following bid: Job Description: INTRUSION SECURITY SYSTEM ~ EVIDENCE ROOMS MA TERIALS QUANTITY DESCRIPTION 1.00 DSC 832 8 ZONE INTRUSION CONTROL PANEL 2.00 DSC 832 INTRUSION LCD KEYPAD 2.00 ILCO DOOR CONTROL DEVICE 2.00 HID PROXIMITY READER (ARM & DISARM) 1.00 12V 7AMP INTRUSION BACKUP BATTERY 1.00 DSC 832 POWER SUPPLY 4.00 PERIMETER DOOR CONTACTS 4.00 INTERIOR MOTION DETECTORS 1.00 INTERIOR SIREN 1.00 MISC. MATERIALS AND SUPPLIES Materials totaJ $2,900.00 Labor DESCRIPTION 1.00 LABOR: CABLE. TERMINATE, PROGRAM, AND TRAIN. Price valid until: 315102 PLUS APPLICABLE TAXES LABOP SUBTOTAL: TOTAL: $2,355.00 $5,255.00 INTRUSION' CCTV . ACCESS CONTROL' FIRE "'-, THE SECURITY GROUP RECEIVED r-=:: 2 a 2002 CITY OF MERIDIAN CITY CLERK OFFICE February 5, 2002 Meridian Police Department Attn: Captain Dave Bowman 201 E Idaho Meridian, ID 83642 Dear Captain Bowman: Thank you for choosing The Security Group, Inc. We look forward to serving your company. Enclosed are two copies of our "Purchase and Installation Agreement." Please sign both copies and return them to us. We will then sign the agreement and return one signed copy for your records. Again, we look forward to working with you. If you have any questions, please contact us at (208) 895-8400. Sincerely, da INTRUSION' CCTV . ACCESS CONTROL' FIRE Meridian City Council Meeting February 19, 2002 Page 5 A. Public Works Department - Gary Smith: White Drain Drunk Sewer Permanent Temporary Construction Easement - John Kennedy: Corrie: Department reports. Number 4. Public Works Department. Gary Smith. believe, Mrs. McCandless, you had a -- 1. and McCandless: Yes, I did, Mr. Mayor. I move that we table the White Drain - I can't find it right now. Remove it from the Agenda, the White Drain Trunk Sewer Permanent, and Temporary Construction Easement until March 19th. De Weerd: Second. Corrie: Okay. Motion has been made to table Item Number A-1 Public Works Department on the White Drain Trunk Sewer Permit Temporary Construction Easement to the 19th of March. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion is carried. MOTION CARRIED: ALLAYES B. Police Department - Chief Worley: 1. Access control System Agreement with The Security Group: 2. Intrusion Security System Agreement for Evidence Rooms with The Security Group: Corrie: Item B, Police Department. Chief Worley. Worley: Mr. Mayor, Members of the Council, I would -- with your approval I would like to take both of these items at once. They are both for the same company. Item B-1 is a contract with the Security Group for the access system for the new police building in the amount of $33,475: This is the door access, the proximity readers, the general security or general access system for the building and Item Number 2 is contract with the Security Group in the amount of $5,255. This is for an alarm system for the evidence storage area. Both of these are -- contracts are bid pursuant to an existing bid with the City of Caldwell for the same type of materials and I stand for questions as to the authorization for the Mayor to sign and the Clerk to attest. Corrie: Council I any questions -- Bird: I have none. Meridian City Council Meeting February 19. 2002 Page 6 Corrie: -- for Chief Worley? Okay. Hearing none, I will, then, entertain a motion for Chief Worley's Number 1 and Number 2, the Police Department. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Items 4-B, the Access Control System Agreement with The Security Group and Item -- 4-B-1 and 4-B-2, the Intrusion Security System Agreement for the Evidence Rooms with the Security Group as well, as presented and the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Motion has been made and seconded to approve the Police Department 4-8-1 and 4-B-2. Bird: Mr. Mayor? Corrie: Discussion? Yes, Mr. Bird. Bird: Mr. Nary, I would like to -- on this would like to see the amount made in the motion if ifs okay with you. Nary: Oh, certainly. Bird: $39,027 total. Nary: Certainly. No opposition, Mr. Bird. Corrie: Okay. Add that into the motion. All right. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion is carried. Do we need a roll call, Mr. Attorney, on that one? The contract? Roll call yote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALLAYES C. Parks Department - Tom Kuntz 1. Meridian Park tiling Project - Bid Award: Corrie: Parks Department. Mr. Kuntz, Meridian Park Tiling Project. February 15, 2002 MERIDIAN CITY COUNCIL MEETING February 19,2002 APPLICANT ITEM NO. 3 - ~ REQUEST Tabled from February 5, 2002 - Five Mile Trunk Latecomers Agreement 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See previous Item Packet vJJ ~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. February 15, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT February 1 9, 2002 ITEM NO. 1.\ - ~ -\ REQUEST Meridian Park Tiling Project -- Bid Award 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: gk lfo?/ -~ ~ \~' 'L ~ ~ 'uJV;vU fI &, 0V1 Uv Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~ .~ t: ~ ~\ ~ . \l ~ .......... '> \ ~ ~ \ ~....... ~ ~ . %\ ~ ~ ~. ~ ~ \ ~ ~ ~ ~ ~ 4".. ~\ --. ~ ~ ~ , \ ~ ~l\ ~ ~ \s\ -.....: ~ \'- ~\ ~ .~ ~ \ ~ ~ ~ \. "- '- ~ ).. ~ . %\ 4 * t l'"'- s: ~ ~ ,~ ... ~ ...... t ~ . 't\ l~ ~ ~ l. ~ ~' ~ \ '\ '\ ~J - ~ ........... ~ .......... 4) - 1,)\ ~ ~ ~ 1.(,,0 ~ ~~ \. ). "> ~ ~ ~ ~-- ~ "" ~ ~ .~ ~ ~ ~'~ ~ \ \. \ \. <:5- ~1 ~...... '" , It ~\ '-(:;: ~l .~ Meridian Parks & Recreation " v Memo RECEIVED 'I ~~ To: From: Mayor Corrie and City Council Tom Kuntz CITY OF MERIDIAN CITY CLERK OFFICE Date: February 15, 2002 Re: Tiling Project Bid For 56 Acre Park On February 14, 2002 we opened the bids on the irrigation ditch Tiling Project for the 56 Acre Park. The following 11 bids were submitted: Sommer Canst Bitterroot Canst Brown Const $ 62,814.00 $ 72,650.00 $ 75,459.50 Masco I nc Star Canst Cascade Pipeline $ 76,640.00 $ 79,493.00 $ 79,989.79 Circle H Precision Pipeline Paul Canst $ 82,144.00 $ 83,580.30 $ 84,427.00 Stephenson Canst Alliance Corp $101,004.00 $122,778.00 Staff will not have the opportunity to review the bids to make a final recommendation until Tuesday February 19th. We wanted to include the above information in your council packets that are distributed today. C;\WfNDOWS\Ternporary Internel Fifes\OlKB254\Tiling Projecl8ids Results 56 Acre Park.doc Page 1 BEFORE THE MERIDIAN CITY COUNCIL C/C 02-05-02 IN THE MATTER OF THE ) APPLICATION OF WHITE- ) LEASURE DEVELOPMENT CO., ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 22.66 ACRES FOR ) QUEENLAND ACRES ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) W. OVERLAND ROAD AND S. ) STODDARD ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-OI-022 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 FebrualY 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Jeff Huber, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore m.akes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance "vith all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-OI-022) forth in Idaho Code SS 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, subdivisions and development ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, 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 to the application for annexation and zoning is described in the application, and is approximately 22.66 acres in size, is located at the southeast corner of W. Overland Road and S. Stoddard Road, all vvithin the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Theron G. Scott et al of Boise, Idaho; and the applicant is White-Leasure Development Company of Boise, Idaho. 5. The property is presently zoned by Ada County as R-I, and consists of a residential developm.ent. 6. The Applicant requests the property be zoned as C-G, but with no specific proposal on how the property will be developed at the present time, and which is consistent "vith the Meridian Comprehensive Plan Generalized Land Use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-OI-022) Map which designates the subject property as Mixed Planned Use. 7. The subject property is bordered to the north, south and east by the city limits and to the west by undeveloped land in Ada County. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the com.ment 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The Applicant shall provide a new legal description to the City of Meridian if the submitted legal description does not meet City and State requirements. 2. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. The applicant agrees to sign a hold harmless agreement acknowledging the non-serviceability of the two lots, and add language to the development agreement limiting the uses on the two lots (#11 and #12) to non- sewer producing uses until such time as the applicant can provide sewer service (per MCC 11-15-Il.E,) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) 3. Upon development, 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, "vith written confirmation of said approval submitted to the Public Works Department. 4. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9~IA and 9-4-S. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Upon development, a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1~91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. The issue of eliminating the stub street, S. Alaska Ave., shall be addressed at the time of development. The elimination of the stub street would increase the block length within Bear Creek Subdivision beyond the maximum allowable block length, and would eliminate a future residential access into Bear Creek Subdivision and access to the commercial development from Bear Creek Subdivision. Adopt the Recommendations of ACHD as follows: 7. The City shall consider the total volume of trip generation that will be generated/attracted by the future development in this area. Substantial reconstruction of the Overland Road/Meridian Road intersection shall be required to accommodate the traffic generated from this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) 8. In order to reduce trips to and from this developnlent it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant. If the comprehensive plan amendment is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 9. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 10. Dedicate 35~feet of right-of~way from the centerline of Stoddard Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 11. Extend Malayan Street into the site from the Bear Creek Subdivision, located approximately 1 ,200-feet east of Stoddard, out to Overland Road. Malayan Street shall be constructed as a 41-foot street section, "vith curb, gutter and 5-foot wide concrete sidewalk. 12, Provide a deposit to the Public Rights-of-Way Trust Fund for the site's proportionate share of the cost of constructing the signal at the Overland Road/Stoddard Road intersection. 13. Construct a westbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) 14. Construct a northbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. 15. Locate driveways or public street intersections on Stoddard Road a minimum of 17S-feet from the Overland Road/Stoddard Road intersection for full access, 85-feet front the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of ISO-feet from any proposed/existing driveways. Coordinate the location of driveways on Stoddard Road with District staff. 16. Locate driveways or public street intersections on Overland Road a minimum of 440-feet from the Overland Road/Stoddard Road intersection for full access, 220-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of ISO-feet from any proposed/existing driveways. Coordinate the location of driveways on Overland Road with District staff. 17. A maximum of three public or private street intersections shall be allowed on both Overland Road and Stoddard Road. 18. Pave any proposed driveway its full width and at least 30-feet beyond the edge of pavem.ent of Overland Road and Stoddard Road, and install pavement tapers with IS-foot radii abutting the existing roadway edge. 19. Provide a recorded cross access easement among all of the parcels associated with the comp plan amendment, and to the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 20. Construct a center turn lane on Overland Road for any proposed Overland Road/site access intersection. The turn lane shall be constructed to provide a m.inimum of 100-feet of storage "vith shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 21. The applicant shall be required to construct a center turn lane on Stoddard Road for the Stoddard Road/site access intersection. The turn lane shall be constructed to provide a minimum of 1 OO-feet of storage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEEN LAND ACRES SUB (AZ-OI-022) with shadow tapers for both the approach and departure directions, Coordinate the design of the turn lane with District staff. 22. Construct a 5-foot "vide concrete sidewalk on Overland Road abutting the parcel within 2~feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 23. Construct a 5-foot wide concrete sidewalk on Stoddard Road abutting the parcel within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 24. As required by current District policy, additional restrictions on the vvidth, number and locations of driveways, shall be placed on future development of this parcel. 25. Other than the access point specifically described with this application, direct lot or parcel access to Overland Road and Stoddard Road is prohibited. Adopt the Meridian Fire Department Recommendations as follows: 26. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 27. Operational fire hydrants and temporalY or permanent street signs are required before combustible construction begins. 28. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 29. Final approval for fire hydrant location shall be by the Meridian Fire Department. 30. All turning radii shall be a minimum of 28' inside and 48' outside. 31. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEEN LAND ACRES SUB (AZ-O 1-022) 32. The roadways shall be built to Ada County Highway standards. 33. All access roads within the project shall have a clear driving surface "vith a minimum width of 20'. 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 ta,yand rate payers "vill 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 "vith 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 General Retail and Service Commercial District (C-G) 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 the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-OI-022) property as Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Economic Development Chapter: 1.2 Land Use Chapter: 4.3U, 4.8U Commercial Policies: 5.9 Land Use Goal Statement: 1.l0U 14. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; it is found that the requested zoning "C-G" is in compliance with the adopted Generalized Land Use Map, which designates the land to be "Mixed Planned Use Development." IS. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; there have been no major changes in the area that would dictate how the area shall be zoned. There have been a number of uses approved for this area, such as Bear Creek Subdivision to the south and Meridian Storage to the east. However, it is found that these projects represent a change in the area that shall be significant enough to dictate the zoning of this project. 16. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-OI-022) intended character of the general vicinity and that such use will not change the essential character of the same area; the applicant has not proposed uses at this time. Due to the unknown use of this land, and the fact that the property is adjacent to a residential community, and a major arterial, a Development Agreement shall be required. 17. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; the applicant has not proposed any uses at this time. The Development Agreement shall be used to limit the hours of operation, prohibit specific land uses and place other conditions on the land to limit the future land uses(s)'s impact on the existing and future neighboring uses. 18. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; it is found that the subject property can be adequately served by most public facilities and services. Lots 11 and 12 of the Queenland Areas Subdivision, those facing Stoddard Road, are not serviceable by gravity sewer at this time, and shall limited to non-sewer producing uses until such time as the applicant can provide sewer service. 19. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-OI-022) the community; it is found that there "vill be no additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that a Development Agreement can address these issues. 21. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the property can be designed to not create interference with traffic on the surrounding public streets. 22. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; it is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. 23. Is the proposed zoning amendment in the best interest of the City of Meridian; it is found that the annexation of this property would be in the best interest of the City. " CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEEN LAND ACRES SUB (AZ-O 1 ~022) request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City lnay 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 '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: 4.A Goals 1 through 10, inclusive. 5. The zoning of General Retail and Service Commercial District (C-G) is defined in the Zoning Ordinance ats 11-7-2 K as follows: (C-G) General Retail and Service Commercial District: The purpose of the C~G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the 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 of travel- 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho 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-] 3, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11 ~ 16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 22.66 acres to General Retail and Service Commercial District (C-G) is granted subject to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 22.66 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 of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to 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, "vith the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recomm.endations of the Planning and Zoning and Engineering staff as follows: 1. The Applicant shall provide a new legal description to the City of Meridian if the submitted legal description does not meet City and State requirements. 2. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/colTtmon area requirements, phasing timeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the CounciL If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. The applicant agrees to sign a hold harmless agreement acknowledging the non~serviceability of the two lots, and add language to the development agreement limiting the uses on the two lots (#11 and #12) to non- sewer producing uses until such time as the applicant can provide sewer service (per MCC 11-15~I1.E.) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ~01-022) 3. Upon development, 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 4. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-S. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Upon development, a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. The issue of eliminating the stub street, S. Alaska Ave., shall be addressed at the time of development. The elimination of the stub street would increase the block length within Bear Creek Subdivision beyond the maximum allowable block length, and would eliminate a future residential access into Bear Creek Subdivision and access to the commercial development from Bear Creek Subdivision. Adopt the Recommendations of ACHD as follows: 7. The City shall consider the total volume of trip generation that vvill be generated/attracted by the future development in this area. Substantial reconstruction of the Overland Road/Meridian Road intersection shall be required to accommodate the traffic generated from this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEEN LAND ACRES SUB (AZ-O 1-022) 8. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program "vith the applicant. If the comprehensive plan amendment is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 9. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 10. Dedicate 35-feet of right-of-way from the centerline of Stoddard Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 11. Extend Malayan Street into the site from the Bear Creek Subdivision, located approximately 1 ,200~feet east of Stoddard, out to Overland Road. Malayan Street shall be constructed as a 41 ~foot street section, with curb, gutter and 5-foot wide concrete sidewalk. 12. Provide a deposit to the Public Rights-of-Way Trust Fund for the site's proportionate share of the cost of constructing the signal at the Overland Road/Stoddard Road intersection. 13. Construct a westbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) 14. Construct a northbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. 15. Locate driveways or public street intersections on Stoddard Road a minimum of 1 75-feet from the Overland Road/Stoddard Road intersection for full access, 85-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of ISO-feet from any proposed/existing driveways. Coordinate the location of driveways on Stoddard Road with District staff. 16. Locate driveways or public street intersections on Overland Road a minimum of 440-feet from the Overland Road/Stoddard Road intersection for full access, 220-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of ISO-feet from any proposed/existing driveways. Coordinate the location of driveways on Overland Road with District staff. 17. A maximum of three public or private street intersections shall be allowed on both Overland Road and Stoddard Road. 18. Pave any proposed driveway its full "vidth and at least 30-feet beyond the edge of pavement of Overland Road and Stoddard Road, and install pavement tapers with IS-foot radii abutting the existing roadway edge. 19. Provide a recorded cross access easement among all of the parcels associated with the comp plan amendment, and to the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 20. Construct a center turn lane on Overland Road for any proposed Overland Road/site access intersection. The turn lane shall be constructed 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. 21. The applicant shall be required to construct a center turn lane on Stoddard Road for the Stoddard Road/site access intersection. The turn lane shall be constructed to provide a minimum of IOO-feet of storage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-OI-022) with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 22. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 23. Construct a 5-foot wide concrete sidewalk on Stoddard Road abutting the parcel vvithin 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 24. As required by current District policy, additional restrictions on the vvidth, number and locations of driveways, shall be placed on future development of this parcel. 25. Other than the access point specifically described with this application, direct lot or parcel access to Overland Road and Stoddard Road is prohibited. Adopt the Meridian Fire Department Recommendations as follows: 26. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 27. Operational [ire hydrants and temporary or permanent street signs are required before combustible construction begins. 28. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 29. Final approval for fire hydrant location shall be by the Meridian Fire Department. 30. All turning radii shall be a minimum of 28' inside and 48' outside. 31. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) 32, The roadways shall be built to Ada County Highway standards. 33. All access roads within the project shall have a clear driving surface "vith a minimum width of 20'. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code S 11~7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official 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 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 / q'i!!- day FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) of h6mCVLr ROLL CALL ,2002. COUNCILMAN KEITH BIRD VOTED~ VOTED$U VOTED~ VOTED~U COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM LM. NARY --- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2-(9-02-. VOTED MOTION: r~, APPROVE~- DISAPPROVED Copy served upon Applicant, the Planning and Zoning Department, Pub~ic".Works ">\~ \"" "'. , Department and the City Attorney. ./.,:~~~~' ,_~~ ' . ". BY~~,6~ n_ Dated: 2- -/9/02- /" ~~~c.:~, '1 City Clerk . 7f'4 ~_ \ 7"L~.: ,;'J /.) " ~;.. "1,' . -~<~. It~:J ./ '":- ,< Z:\ Work\M\Meridi:m\Meridinn ] 5360M\QLleenlnnd Acres AZO ].022\AZFfCl&Ordecdoc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) BEFORE THE MERIDIAN CITY COUNCIL C/C 02-05-02 IN THE MATTER OF THE ) APPLICATION OF TYLER ) TORKELSON, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 3.58 ACRES FOR ) SILHOUETTE SUBDIVISION, ) LOCATED EAST OF N. ) MERIDIAN ROAD AND SOUTH ) OF E. USTICK ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-O 1-020 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 Februmy 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Richard Pavelek, and Joseph Moyle, 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 I. There has been compliance "vith all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-O 1-020) and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions 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 adopted December 21, 1993, Ordinance No. 629, JanualY 4,1994, and maps and the ordinance Establishing the Impact Area Boundmy, 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 3.58 acres in size, is located east of N. Meridian Road and south of E. Ustick Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Tyler Torkelson of Meridian, Idaho; and the applicant is owner of record. 5. The property is presently zoned by Ada County as R-l, and consists of a single family home. 6. The Applicant requests the property be zoned as R~8, "vith the intent to develop and construct a 19 lot residential townhome comnmnity, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 7. The subject property is bordered to the north by R-l County zoning, to the south and east by rural residential RUT zoning and Bedford Place Subdivsiion, FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-O 1-020) zoned R-S and to the west by SalisbUlY Subdivision zoned R-4. S. There are no significant or scenic features of major importance that affect the consideration of this application. 9. 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 \;\,Till not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7 -517. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the Meridian Fire Department as follows: 2. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of the water supply for fire protection "vill be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-OI-020) 6. All access roads radii shall be 28' inside and 4S' outside radius. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 8. The roadways shall be built to Ada County Highway Standards. 9. The units will be individually addressed with 6" numbers. 10. An approved turnaround will be required for a road which is greater than 150' in length. Adopt the Recommendations of the ACHD as follows: 11. Comply "vith the Site Specific Requirements (12) and Standard Requirements (S) listed in ACHD's in their letter dated Novenlber 29, 2001. Adopt the Recommendations of the Central District Health Department listed in their Environmental Health Division letter dated 11/23/01. Additionally, comply with the action of the City Council taken at their FebrualY 5, 2002 meeting as follows: 12. The two existing homes on the property shall be included as lots within the plat. 13. As shown within the new Landscape Plan, dated 1-14-02 and which shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along Meridian Road. 14. The turnaround for enlergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Developlnent, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivision. 15. Pertaining to open space, developer shall pipe the Onweiller Lateral which will provide significant pedestrian connection to the future FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-OI-020) undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 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. II. 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. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious \vith the general vicinity and to comply with City Ordinances. 12. It is found that the zoning of the subject real property as Medium Density Residential District (R-S) requires connection to the Municipal Water and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-O 1-020) Sewer systems and will be compatible with the Applicant's development intentions, and "vill assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 4, Goal S Economic Development Chapter 3.1U,3.2U Land Use Chapter 2.1 U, 2.4U Transportation Chapter 1.19U, 1.14, LIS, 1.19 Community Design Chapter 6.2U, 6.11 U 14. The property can be physically serviced 'with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW I. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-O 1 "020) boundaries and that said property lies "vi thin 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 '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: 4.A Goals 4 and S. 5. The zoning of Medium Density Residential District (R-S) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-S District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-O 1-020) 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of lyIeridian 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. 9. Pursuant to Section 11-16A A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 3.58 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 3.58 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-O 1-020) description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to 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 follovving conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7 -517 . Wells may be used for non~domestic purposes such as landscape irrigation. Adopt the Recommendations of the Meridian Fire Department as follows: 2. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and tempormy or permanent street signs are required before combustible construction begins. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-O 1-020) 6. All access roads radii shall be 28' inside and 48' outside radius. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 8. The roadways shall be built to Ada County Highway Standards. 9. The units will be individually addressed with 6" numbers. 10.An approved turnaround will be required for a road which is greater than 150' in length. Adopt the Recommendations of the ACHD as follows: I1.Comply with the Site Specific Requirements (12) and Standard Requirements (S) listed in ACHD's in their letter dated November 29, 2001. Adopt the Recommendations of the Central District Health Department listed in their Environmental Health Division letter dated 11/23/01. Additionally, comply with the action of the City Council taken at their February 5, 2002 meeting as follows: 12. The two existing homes on the property shall be included as lots within the plat. 13.As shown within the new Landscape Plan, dated 1-14-02 and which shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along Meridian Road. 14. The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivision. 15.Pertaining to open space, developer shall pipe the Onweiller Lateral which "vill provide significant pedestrian connection to the future undeveloped FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-OI-020) property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official 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 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 1/7 fb ""{ .::;.- day of r~hu~;t ,2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-OI-020) ROLL CALL COUNCILMAN KEITH BIRD VOTED$'L- VOTED~U VOTED~'- VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: Z-(q--tJ'L VOTED -- MOTION: APPROVED~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. " \,,,\~.l,tlf,J:ffl~"il.,,,. Dated: Z --{If..,() 2- n~ .~', ~~: ~ jJ ~, .i;^i- -;. ~~(",~~:'1 . ~. , . ~ : :'_ ..,: ~ .'. '!:~. '. . ",",i,.o.1'-<: Z:\Work\M\Meridinn\Meridinl1 15360M\Silhouette Sub AZO 1-20 PPO] -021 CUPO 1-039\AZFfCl&,Ord.er.doc, '-,:, ~-b:~!;l~:~;:,:. __C:_"_~ .),;~?W '1~i t FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/05/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) SILHOUETTE SUBDIVISION IN ) AN R-8 ZONE, LOCATED EAST ) OF NORTH MERIDIAN ROAD ) AND SOUTH OF EAST USTICK ) ROAD, MERIDIAN, IDAHO ) ) TYLER TORKELSON, ) ) APPLICANT ) ) ) Case No. CUP-OI-039 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 Februaq 5,2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Richard Pavelek, and Joseph Moyle, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: 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 February 5, 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 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 Februmy 5,2002, 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 S6 7 -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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an R-l 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 east of N. Meridian Road and south of E. Ustick Road, Meridian, Idaho. 5. The owner of record of the subject property is Tyler Torkelson of Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned R-l by Ada County. There is an application before the City Council for annexation and zoning to R-S. The zoning district of R-S 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 planned development for a 21 lot townhouse residential development. The R-S zoning designation vvithin 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-S- I). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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 BoundalY. 12. Giving due consideration to the comment received from t.he 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, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Applicant shall meet all of the requirements of the preliminalY plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 2. The basketball court shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 3. An asphalt walking path shall be added to connect the open space provided north of the property with the sidewalk on Meridian Road and the sidewalk within the subdivision. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the follovving shall be required: 4. The two existing homes on the property shall be included as lots within the subdivsion, and the total number of buildable lots shall be 21. 5. As shown on the new Landscape Plan, dated 1-14-02 and which shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along the Meridian Road. 6. The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivsion. 7. Pertaining to the open space, developer shall pipe the Onweiller Lateral which will provide significant pedestrian connection to the future undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 13. 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; it is found that the subject property is large enough to accommodate the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 the 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". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The proposed use is considered a permitted use (MCC Title 11-S-1), and is being developed as conditional use permit for a planned development in order to allow reduced lot sizes, reduced street frontages and zero lot lines. If the project is developed as submitted, it will meet the minimum requirements of this code. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the esxisting or intended character of the general vicinity and that such use will not adversely change the essential character 0 the same area; it is found that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same 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; it is found that the proposed use would not adversely affect other properties in the general vicinity. It is also found that the placement of the stub street to the south "vill impact the landowner to the south when he or she chooses to develop their property. The connection to the proposed stub street will limit the layout of the property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 future when it is developed. Staff feels this will not be an adverse impact. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; it is found that the proposed development will be adequately served by the essential public facilities and services, as listed above. IS. 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; 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. 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, smoke, fumes, glare or odors will result from the proposed use. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not create significant interference FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 with any traffic on the surrounding public streets. 21. That the proposed use ,;\/ill not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance; it is found that no natural or scenic feature "vill be lost, damaged or destroyed by issuance of this conditional use. 22. The required open space within this subdivision is primarily located in along the northern property line adjacent to Onweiler Lateral, behind the proposed townhomes. There are two other small open spaces; one is located adjacent to the entryway on the south side and the other is a 28-foot wide 100-foot deep lot on the east side of Richter Avenue. Because this subdivision is being developed as a Planned Development the applicant is required to provide at least two amenities or 10% open space and one amenity. The proposed open space, although not centralized, does exceed the 10% requirement. Additionally, the applicant has proposed the installation of a concrete basketball court on Lot 5, Block 1 of the subdivision as the required amenity. Although the plat meets the minimum requirements of the Subdivision and Planned Development Ordinance, it is found that the open space should either be more centrally located, (to be visible and accessible by all of the subdivision residents), or provisions should be made to make the open space along the Onweiler Lateral more accessible. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 23. Because this subdivision is being developed as a Planned Development, the applicant is able to request reduced minimum standards within the proposed R-S zone. The applicant has requested a reduction in minimum lot size from 4,250 square feet to 3,311 square feet, a reduction in street frontage requirentents from 50 feet to 30 feet, and a reduction in side setbacks from 5 feet per story to 0 feet. There is no object to the requested reduction in minimum standards. 24. Staff supports interconnectivity between adjacent subdivisions, and supports the applicant's proposal to provide a stub-street to the undeveloped property to the south. A stub street to the east would provide additional connectivity in the future, however, due to the small size of the project, it is found that no more than one stub street should be required. CONCLUSIONS OF LAW I. 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 (I.c. 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 of the City of Meridian has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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 of the 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 "vith the requirements of this Ordinance; c. That the design, construction, operation and maintenance "vill be compatible with other uses in the general neighborhood and "vith the existing or intended character of the general vicinity and that such use "vill 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, "vill not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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, Htaterials, 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 Medium Density Residential District (R-S), 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 11-1 7 ~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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 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 developntent; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 a planned development for a 21 lot townhouse residential development in an R-S zone located east of N. Meridian Road and south of E. Ustick Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminalY plat. 2. The basketball court shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 3. An asphalt walking path shall be added to connect the open space provided north of the property with the sidewalk on Meridian Road and the sidewalk within the subdivision. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the following shall be required: 4. The two existing homes on the property shall be included as lots vvithin the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 subdivsion, and the total number of buildable lots shall be 21. 5. As shown on the new Landscape Plan, dated 1~14~02 and which shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback. along the Meridian Road. 6. The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity vvithin the subdivsion. 7. Pertaining to the open space, developer shall pipe the Onweiller Lateral which will provide significant pedestrian connection to the future undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 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 111 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 of Meridian, pursuant to Idaho Code 9 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. 1/711::- By action of the City Council at its regular meeting held on the ~t day of R6ncM-tJ-" 2002. f/ ROLLCALL: COUNCILMAN KEITH BIRD VOTED$CC VOTED~ VOTED-fJi!-U COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~A- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2--{q-tJ1- --- VOTED MOTION: )fl~ APPROVEDG DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:~ _/f-?7L ~ ~ ,. ~ ~, Z:\Work\M\Mcridian\Meridian 1 5360M\Silhouette S~15t .039\FfClsCUPO I .039two.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/05/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) SILHOUETTE SUBDIVISION IN ) AN R-8 ZONE, LOCATED EAST ) OF NORTH MERIDIAN ROAD ) AND SOUTH OF EAST USTICK ) ROAD, MERIDIAN, IDAHO ) ) TYLER TORICELSON, ) ) APPLICANT ) ) Case No. CUP-OI-039 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the Februmy 5,2002, under the provisions of Meridian City Code ~ 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 a planned developnlent for a 21 lot townhouse residential development in an R-S zone located east of N. Meridian Road and south of E. Ustick Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-OI-039) - 1 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminmy plat. 2. The basketball court shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 3. An asphalt walking path shall be added to connect the open space provided north of the property with the sidewalk on Meridian Road and the sidewalk within the subdivision. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the following shall be required: 4. The two existing homes on the property shall be included as lots vvithin the subdivsion, and the total number of buildable lots shall be 21. 5. As shown on the new Landscape Plan, dated 1-14-02 and which shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along the Meridian Road. 6. The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivsion. 7. Pertaining to the open space, developer shall pipe the Onweiller Lateral which "vill provide significant pedestrian connection to the future undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 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. ORDER CONDITIONAL USE PERMIT (CUP-OI-039) - 2 ( ; 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code & 11-17 -S, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ! tf-f!L- h 6 /'~ C( Ci/l--?J-. {/ day of ,2002. orrie, Mayor City of Meridian R Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJ!J0-klX-t 9 City Clerk Dated: ;2-11-01..-- f,~j . n-'" , ~.,' i '!~;;_:~~~r::i.,.~~c~. "'" l." ~~ \~;:;-~:~>, '\L ",<:,. -1\:,,~.e:~:'~..;~:::;;4 curD 1-039\OrderCc::m)~~r';;~;t~ i: 'it ;'l'.\i;./,/;fy.Ml;. 2:\Work\M\Meridian\Meridian ] 5360M\Silhouette Sub A201.20 pro 1-021 ORDER CONDITIONAL USE PERMIT (CUP-OI-039) - 3 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR THE PROPOSED ) SILHOUETTE SUBDIVISION, ) LOCATED EAST OF NORTH ) MERIDIAN ROAD AND SOUTH ) OF EAST USTICK ROAD, ) MERIDIAN, IDAHO ) ) BY: TYLER TORKELSON, ) APPLICANT ) ) C/C 02/05/02 Case No. PP-O 1 ~021 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 FebrualY 5, 2002, and Shari Stiles, Planning and Zoning Administrator, Richard Pavelek, and Joseph Moyle, appeared and testified, and the City Council having received a report from David McKinnon, Planner for Planning and Zoning, and Bruce Frecldeton, 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 "LANDSCAPE PLAN FOR SILHOUETTE SUBDIVISION, A PORTION OF GOVERNMENT LOT 4, LYING IN THE NWI/4, SECTION 6, T.3N., R.IE., B.M., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-O 1-021) 1 MERIDIAN, ADA COUNTY, IDAHO, LANDSCAPE PLAN TOWNHOUSE DEVELOPMENT SILHOUETTE SUBDIVISION, N. MERIDIAN ROAD, MERIDIAN, IDAHO, DATED: 1-14-02, DRAWN BY: JDR, CHECKED BY: T.L.S" SHEET: LIO, SOUTH LANDSCAPE,", 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 8 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 Medium Density Residential District (R-8), and requires connection to the Municipal Water and Sewer System. [Meridian City Code 8 11-7~2 D] 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 Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP~01-021) 2 and conditions hereinafter set forth as conditions of preliminalY plat approval. 4. The proposed development is a continuity of the proposed development vvithin 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 preliminalY plat there will be public financial capability of supporting services 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: "LANDSCAPE PLAN FOR SILHOUETTE SUBDIVISION, A PORTION OF GOVERNMENT LOT 4, LYING IN THE NWl/4, SECTION 6, T.3N., R IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, LANDSCAPE PLAN TOWNHOUSE DEVELOPMENT SILHOUETTE SUBDIVISION, N. MERIDIAN ROAD, MERIDIAN, IDAHO, DATED: 1-14-02, DRAWN BY: JDR, CHECKED BY: T.L.S., SHEET: LIO, SOUTH LANDSCAPE". DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-OI~021) 3 Pursuant to the City Council's authority as provided in Meridian City Code 8 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 "LANDSCAPE PLAN FOR SILHOUETTE SUBDIVISION, A PORTION OF GOVERNMENT LOT 4, LYING IN THE NWI/4, SECTION 6, T,3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, LANDSCAPE PLAN TOWNHOUSE DEVELOPMENT SILHOUETTE SUBDIVISION, N. MERlDIAN ROAD, MERlDIAN, IDAHO, DATED: 1~14~02, DRAWN BY: JDR, CHECKED BY: TLS., SHEET: LI0, SOUTH LANDSCAPE" is hereby conditionally approved; and 2. The conditions of approval are as follows to~wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1. Sanitary sewer and water service to this site shall be via new main line extensions from the existing mains adjacent to the property. The two existing dwellings along N. Meridian Road shall take water and sewer service from existing service lines in N. Meridian Road. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. The submitted landscape plan shall meet the requirements of the Meridian City Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-Ol~02l) 4 4. A note shall be added to the face of the plat stating, "The Home Owners Association shall responsible for the maintenance of all common lots. II 5. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the 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. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 7. The preliminary plat map shall be revised by the applicant to include two additional lots: a separate lot for the existing duplex and a separate lot for the existing single-family dwelling. The applicant shall submit 10 copies of the revised preliminalY plat. 8. The existing sidewalks along North Meridian Road shall be protected and maintained. A new five-foot wide sidewalk shall be installed 'within the subdivision in accordance with the Meridian City Code. 9. No fencing plans were submitted vvith the preliminary plat. A fence shall be required along the east, north, and south property lines of the subdivision to separate the subdivision from the agricultural land to the east and south. A fence shall be installed across the stub street to the south. Fencing adjacent to open space shall not be sight obscuring if over 4 feet in height. Fencing details shall be submitted. 10. A detailed irrigation plan including performance specifications shall be submitted as part of the required landscaping plan for the final plat. A letter of credit or cash in the amount of 110% shall be required for these improvements prior to signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP~OI~02I) 5 II. All of the required street buffer landscaping shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. 12. 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 shall not be considered as replacement trees for those trees that have to be removed. 13. Assessment fees for water and sewer service are determined during the building plan review process. 14. Applicant shall obtain a letter from the, Ada County Highway District, and the Meridian Fire Department stating their position on the proposed turnaround location and size by the City Council Meeting. 15. Applicant shall supply the Public Works Department with a groundwater observation program summalY report as prepared by Strata Geotechnical Engineering & Materials Testing prior to development plan approval. 16. Submit a copy of the Ada County Street Nmne Committee IS final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. 17. Two-hundred-fifty~ and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections ancl!or fire hydrants. 18. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 19. If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit shall be voided by the City. Adopt the Meridian Fife Department Recommendations as follows: 20. A fire-flow of 1,000 gallons pef minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-OI-021) 6 average of 400' apart at approved locations. 21. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 22. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 23. Final approval for fire hydrant location shall be by the Meridian Fire Department. 24. All turning radii shall be a minimum of 28' inside and 48' outside. 25. Insure that aU yet undeveloped parcels are maintained free of combustible vegetation. 26. The roadways shall be built to Ada County Highway standards. 27. The proposed 22-10t subdivision with an estimated 2.8 residents per household would have a total estimated population of 61 residents at built out. 28. The units shall be individually addressed with 6" numbers. 29. An approved turnaround shall be required for a road which is greater than 150' in length. Adopt the Recommendations of the Central District Health Dept as follows: 30. 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. 31. Run-off is not to create a ITlosquito breeding problem. 32. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 33. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION I (PP-OI-021) 7 Adopt the Recommendations and Special Recommendation of the Ada County Highway District as follows: 34. Dedicate 48~feet of right~of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 shall be compensated for all right-of-way dedicated as an addition to existing right~of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with ACHD Ordinance # 195. The right-of-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 35. The applicant is proposing to construct the main entrance to the subdivision on Meridian Road, located approximately 200-feet south of the north property line which aligns with Sedgvvick Drive, the entrance to SalisbUlY Subdivision on the west side of Meridian Road. Streets or driveways on arterials shall align offset a minimum of 150~feet frOln any other street or driveway. 36. The applicant is proposing to construct a knuclde on the east side of West Sedgevvick Drive as it turns into North Richter Avenue, The applicant is proposing that North Richter Avenue stub to the south property line approximately 115~feet west of the east property line. 37. The applicant is proposing to construct a knuclde on the east side of West Sedgewick Drive as it turns into North Richter Avenue. The applicant is proposing that North Richter Avenue stub to the south property line approximately lIS-feet west of the east property line, Temporary turnarounds at the end of the stub streets that serve more than one lot, or are greater thatn ISO-feet in length are required. The applicant shall 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 necessalY, with District staff. 38, The applicant is proposing to construct a non~circular temporary turnaround approximately 75-feet north of the terminus of the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-O 1-021) 8 North Richter Avenue and the south property line. Subntit a design of the turnaround for review and approval by District staff. 39. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36~foot street sections with curb, gutter, and 5~foot wide concrete sidewalks within 50-feet of right- of-way. 40. Replace unused curb cuts on Meridian Road with standard 5-foot wide concrete sidewalk to match the existing improvements. 41. Replace or repair any damaged curb, gutter, and/or sidewalk on Meridian Road to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 42.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. 43. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 44. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated ,.vith improving street frontages abutting the site shall be borne by the developer. 45. Any existing irrigation facilities shall be relocated outside of the right-of- way. 46. Other than the access point specifically approved with this application, direct lot or parcel access to Meridian Road is prohibited. Access restrictions shall be noted on the final plat. 47. Additionally, Applicant shall comply \vith all of ACHD's Requirements within their November 29, 2001 Development Application Report. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 48. The District's Onweiler Lateral courses along the north boundary of the project. The easement for the Onweiler Lateral shall be protected; any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-OI-021) 9 encroachments without approved plans and a signed License Agreement are unacceptable. Adopt the Recommendations of the Central District Health Department as follows: 49. Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Departm.ent of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 50. Run~off shall not create a mosquito breeding problem. 51. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 51.1 State of Idaho Catalog of Stonnwater Best Managenlerlt Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 51 .2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Warks Department, May 2000. Additionally, the Applicant shall comply vvith the requirements of the City Council from their February 5,2002 meeting as follows: 52. The two existing homes on the property shall be included as lots within the subdivision, and the total number of buildable lots shall be 21. 53. As shown within the new Landscape Plan, dated 1-14-02 and which shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback. along the Meridian Road 54. The turnaround for emergency vehicles shall be asphalt paved, shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP~01-021) 10 included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivision. 55. Pertaining to open space, developer shall pipe the Onweiler Lateral which will provide significant pedestrian connection to the future undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 56. Submit a new, revised Preliminary Plat. By action of the City Council at its regular meeting held on the /C/l1:-aay of &// t7A_JA/}/(J' ,2002. ROLL CALL COUNCILMAN BIRD VOTED$CC VOTED --fl!:-t?-- COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS !do:u VOTED {j- COUNCILMAN NARY VOTED$L VOTED -- ~~ Copy served upon Applicant, The Planning and Zoning Departm il ~PUbliC :vorks Department and City Attorney. Jjfft By . z&~fi~ ~ Dated: 2-if~O~ ~ .. '-iC,,, ity Clerk J' ~ \,~~',;" \\NPASVRDCOI\SERVERZ\Work\M\Meridian\Meridian 15360M\Silhouette Sub AZOI-20 PPol.62i~ I~,' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND oRdlB; "',,~.....,.d' OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP~0IM021) 11 MAYOR ROBERT D. CORRIE (TIE BREAKER) 2- - 11--02- BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-05-02 IN THE :MATTER OF THE ) REQUEST FOR REZONE OF ) APPROXI:MATELY 3.35 ACRES ) FOR FUTURE RETAIL ) DEVELOPMENT, LOCATED AT ) 725 FAIRVIEW AVENUE, ) MERIDIAN, IDAHO ) ) SOL C. YAUN, ) Applicant. ) ) Case No: RZ-OI-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 3.35 acres having come on for public hearing on February 5, 2002, at the hour of 6:30 olc1ock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and appearing and testifying were: Shari Stiles, Planning and Zoning Administrator, and Greg Carter, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN I (RZ-OI-007) . 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 February 5,2002, 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 (3001) of the external boundaries of the property under consideration more than fifteen (15) days plior 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 February 5,2002, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jUlisdiction 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 88 67 N6509 and 67-6511, and Meridian City Code 88 1 1M ISMS and IIMI6-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-B TO C-C BY: SOL C. YAUN / (RZ-OI-007) - 2 and all current zoning maps thereof, 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 Boundmy. 4. The property is approximately 3.35 acres in size. The property is generally located at725 Fairview Avenue in Meridian, Idaho, and is described in the application. 5. The owner of record of the subject property is the Estate of Allen Gentry of Boise, Idaho. 6. The Applicant is Sol C. Yaun through Hubble Engineering of Meridian, Idaho. 7. The property is presently zoned as R-8, and is vacant. 8. The Applicant requests the property be rezoned to (C-C) Community Business District. 9. The proposed site is surrounded by a mobile home park, apartment complex, auto repair and detailing shop and other commercial developm.ents. 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 the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN I (RZ.OI-007) - 3 12. The Applicant proposes to develop the subject propeny in the following manner: develop land for retail uses. 13. The Applicant's requested rezoning of the subject real property as c-c is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 14. There are no significant or scenic features of major imponance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code 8 II-I5-Ilfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section, and Staff conditions provide as follows: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 1. Applicant shall work with the Public Works Department on dedication of an easement paralleling the Five Mile Creek for a future sanitary sewer relief main. Adopt the Recommendations of the ACHD as follows: 2. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-B TO C-C BY: SOL C. YAUN / (RZ-OI-007) - 4 3. Constluct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parceL Coordinate the location and elevation of the sidewalk with Distlict staff. 4. Construct a 24 to 30-foot wide dliveway at the west property line to align with Barbara Street on the north side of Fairview Avenue. 5. Required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parceL 6. Upon review of a specific development application, ACHD may have additional requirements not addressed in their report. 7. Comply with all Standard Requirements of the February 21, 2001 ACHD Commissioners letter, which they acted on MRZ-01-001, and which conditions and requirements also apply to this application (RZ- 01-007) . Additionally, comply with the action of the City Council at their February 5, 2002 meeting as follows: 8. That all uses on this property shall require a conditional use permit. 9. That a significant portion of the property is within the flood plain, which Five Mile Creek runs along; that Five Mile Creek is designated as a multiple use pathway and in the future open discussion on how to accommodate a pathway through the area shall be required, which shall be included as part of the condltional use permit process in the future. 16. Will the new zoning be han110nious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan Amendment; it is found that the CUlTent Comprehensive Plan Land Use Map delineates the property as "Mixed Planned Use Development". The requested C-C zoning is harmonious with the "Mixed Planned Use Development" designation and is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R~8 TO C-C BY: SOL C. YAUN / (RZ-OI-007) - 5 in accordance with the overall goals and ideas of the Comprehensive Plan. 17. Is the area included in the zoning amendment intended to be re-zoned in the future; it is found that the applicant does not intend to re-zone the property in the future. 18. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; it is found that the proposed C-C zone would be developed as in accordance to the uses permitted in the C-C zone (retail uses are a permitted use in the C-C zone). Because this property is located within a "Mixed Planned Use Development" section of the Comprehensive Plan Land Use Map, all uses on this property shall require a conditional use permit. 19. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; it is found that there has been no change in the area that would dictate how the area should be rezoned. 20. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate 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; it is found that the proposed uses, retail, can be designed, operated and maintained in a manner that is appropriate and harmonious with the existing area and that it will not change the essential character of the general vicinity, (which currently incorporates commercial, industrial and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-B TO C-C BY: SOL C. YAUN / (RZ-OI-007) - 6 office uses). If constlUcted and operated appropriately, the uses could be harmonious with the existing and intended character of the same area. 21. Will not be hazardous or disturbing to existing or future neighboring uses; it is found that the re-zone to C-C will not be disturbing to existing or future neighboring uses. 22. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage stlUctures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; it is requested that the dedication of an easement paralleling the Five Mile Creek for a future sanitary sewer relief main. The location of said easement is somewhat flexible, and can be better determined upon review of the development site plans. It is also found that the proposed uses will be adequately served all essential public services and facilities. 23. 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; 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 use would not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-OI-007) - 7 24. Will not involve uses, activities, processes, materials, equipment, and conditions 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 the proposed C-C zoned development will not involve uses, activities, processes, materials, equipment, and conditions that are or may be detrimental to the general welfare of the community. 25. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not interfere with general traffic patterns on any public streets. 26. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; it is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this rezone. 27. Is the proposed zoning amendment in the best interest of the City; it is found that the zoning amendment would be in the benefit of the city by allowing a property owner to make improvements to this property that would otherwise not be made 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-B TO C-C BY: SOL C. YAUN / (RZ-OI-007) - 8 2. The City of Meridian has exercised its authority and responsibility as provided by uLocal Land Use Planning Act of 197511, codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4, 1994. 3. The requested zoning of Community Business District, (C-C) is defined in the Zoning Ordinance at 11-7-2 I as follows: (C-C) Communi-ry Business District: The purpose of the C-C District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and sewer systems of the City. 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 scllo01 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-B TO C-C BY: SOL C. YAUN / (RZ-OI-007) . 9 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 tennination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code 8 11 ~ 15M 12 has exercised its autllority to require or permit as a condition of rezoning that an owner or developer make a vvritten commitment concerning the use or development of the subject property. 7. 8 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 rightMof-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where distlict boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be constlued 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 constlued 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-B TO C-C BY: SOL C. YAUN / (RZ~01-007) - 10 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 11-15-11ofthe 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 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 zoning. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-B TO C-C BY: SOL C. YAUN / (RZ-OI-007) - 11 8.8 The use will not create excessive additional requirem.ents 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 destluction, 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 Melidian. 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 3.35 acres to develop land for retail uses, is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and developm.ent relate to this application to-wit: Adopt the Recommendations of Planning and Zoning and Engineering Staff as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-B TO C-C BY: SOL C. YAUN / (RZ-OI-007) . 12 follows: 1 Applicant shall work with the Public Works Department on dedication of an easement paralleling the Five Mile Creek for a future sanitary sewer relief main. Adopt the Recommendations of the ACHD as follows: 2. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Consttuct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation of the sidewalk with District staff. 4. Construct a 24 to 30-foot wide driveway at the west property line to align with Barbara Street on the north side of Fairview Avenue. 5. Required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Upon review of a specific development application, ACHD may have additional requirements not addressed in their report. 7. Comply with all Standard Requirements of the FebrualY 21, 2001 ACHD Commissioners letter, which they acted on MRZ-O 1-00 1, and which conditions and requirements also apply to this application (RZ- 01-007). Additionally, comply with the action of the City Council at their Febluary 5, 2002 meeting as follows: 8. That all uses on this property shall require a conditional use permit. 9. That a significant portion of the property is within the flood plain, which Five Mile Creek runs along; that Five Mile Creek is designated as a multiple use pathway and in the future open discussion on how to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-OI-007) . 13 accommodate a pathway through the area shall be required, which shall be included as part of the conditional use permit process in the future. 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 (CMC) Community Business District (Meridian City Code 8 11 N 7 N2 I) 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 Melidian City Code 8 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 of the City of Meridian, pursuant to Idaho Code 8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM RN8 TO CNC BY: SOL C. YAUN I (RZMOIN007) . 14 C '/1? By action of the City Council at its regular meeting held on r..e 61U7 (9' "J 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED ?jete- VOTED F COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED ~cv VOTED~L- COUNCILMAN BILL NARY - MAYOR ROBERT CORRIE (TIE BREAKER) DATED: "2-19 -t/ Z-- APPROVED:~ VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orIes Department and the City Attorney. BY:Jt}P~..ft~ 9- Clty Clerk Dated: ~ --- ( 9 -- () 2- Z:\Work\M\Meridian\Meridian 15360M\Sol C. Yaun RZOI-007\FfsClsOrderREZtwo.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-OI-007) - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01-17-02 Revised 02/06/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A FAST ) FOOD RESTAURANT FOR ) WENDY'S IN A C-G ZONE AT ) THE NORTHWEST ) INTERSECTION OF ) CORPORATE DRIVE AND ) EAST FIRST STREET, ) MERIDIAN, IDAHO ) ) WENCO, INC., ) ) APPLICANT ) ) Case No. CUP-OI-028 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 January 15,2002, at the hour of 6:30 p,m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, appearing and testifying on behalf of the applicant was Billy Ray Strite, and no one appeared in opposition, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 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 Janumy 15, 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 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 JanualY 15,2002, 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~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 a C-G 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 the Northwest intersection of Corporate Drive and East First Street, Meridian, Idaho. 5. The owner of record of the subject property is Community Properties of Boise, Idaho. 6. Applicant is Wenco, Inc. of Boise, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C~G 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 fast food restaurant. The CoG 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and developnlent upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows; 12.1 Landscaping shall be installed as submitted on the site plan, vvith the addition of a sight barrier/screening buffer adjacent to the Blimpies drive-through lane. The three existing crab apples shall be moved and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 replanted on site. Three copies of the new detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 12,2 Applicant shall install parking as submitted. 12.3 All exterior lighting, whether attached to the building or located vvithin the parking lot, shall be down~shielded or othelwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4. 12.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under the subject application and none are approved, All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 12.5 All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 12.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10~1-9 I) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance ,vith 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 "vritten 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. 12.7 Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.8 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 12.9 As part of a conditional use permit, the City of Meridian may impose addi tional restrictions/condi ti ons. 12.1 0 Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed utility connection. 12.11 A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 12.12 Provide 5, wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 12.13 The property shall be properly subdivided, with the final plat properly recorded, prior to occupancy of the proposed Wendy's restaurant. 12.14 Development of the building pad on the northwest side of the property shall be handled through a separate conditional use permit. Adopt the ACHD Recommendations from their Revised Recommendations dated JanualY 22,2002, as follows: 12.15 Dedicate 775-square feet of right-of-way on the northwest corner of East 1st Street and Corporate Drive. The dimensions shall provide a 775- square foot triangle. The triangle shall be a right triangle with right-of way from the southeast corner of the property on East 1 st extending 31- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast corner of the property extending 25-feet west of East 1st Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. The right-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 12.16 Dedicate 40~feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The right-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 12.17 Construct a right-in/right-out, left-in driveway located approximately 140-feet north of Corporate Drive. Left-turns out of the site are not permitted. Install an on-site sign that states "LEFT TURNS PROHIBITED". The driveway may be restricted to all left turning movements in the future. ACHD may install a concrete median in Meridian Road when warranted. 12.18 The driveway that is proposed on Corporate Drive located approximately 180-feet west of East 1st Street is approved as a full access driveway. 12.19 The proposed internal driveway to be shared with the property directly to the north is approved with this application. The applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. 12.20 Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 easement for the sidewalk. 12.21 Replace unused curb cuts on Corporate Drive, Meridian Road and East 1st Street with standard curb, gutter and concrete sidewalk to match existing improvements. 12.22 Replace any damaged curb, gutter and/or sidewalk on Corporate Drive, Meridian Road and East 1st Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 12.23 Pave the driveway its full width of 30- to 40-feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15~ foot curb radii. 12.24 Provide a minimum of 1 DO-feet of stacking distance from the drive-thru window to the public roadway system. 12.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12.26 Any existing irrigation facilities shall be relocated outside of right-of- way. 12.27 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12.28 Other than the access points specifically approved with this application, direct lot or parcel access to Corporate Drive, East 1 st Street and Meridian Road is prohibited. 12.29 Additionally, ACHD's Standard Requirements listed within their revised January 22,2002 memo shall be complied with. Adopt the Meridian Fire Department Recommendations as follows: 12.30 Provide a fire-flow as required by the 1997 Unifonll Fire Code Appendix III-A. Please show aU proximity hydrants vvithin SOD' of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT w 8 12.31 All corners will have to have 28' inside radius and 481 outside radius. Adopt the Central District Health Dept Recommendations as follows: 12.32 Run~off is not to create a mosquito breeding problem, 12.33 Applicant shall submit plans for a food establishment for review, 12.34 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.35 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. Adopt the Sanitary Service Recommendations as follows: 12.36 A minimum of 10' shall be needed for inside the gate posts of the waste enclosure for truck clearance. The other location "Parcel 2" a sign needs to be further reviewed. Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 12.37 All storm water shall be retained on site of the project and shall not impact the District. Additionally, pursuant to the action of the City Council from their meeting held on January 15, 2002, the following shall be required: 12.38 The revised Site Plan with the noted changes and dated 12-7-2001, incorporates the following information: "Site Development Plan, Drawn: BRS, DATE: 7/19/01, JOB NO. 01088, SHEET CU-l, Chg. Monument to Pylon Sign 7/26/0 I, Add new ACHD ROW 8/26/01, add escape lane 12/7/01." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT w 9 12.39 That a by-pass lane is required to allow an escape route mid-way through the drive-thru lane for vehicles to exit into the parking lot, and which exit shall help screen the vehicle headlights from the adjacent properties and right-of-way. 13. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area, with the modifications that have been made, and are shown on the revised Site Development Plan dated 12-7-01. 14. The uses proposed within the subject application "vill not be hazardous or disturbing to existing or future neighboring uses. 15. The uses proposed within the subject application vvill be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. The refuse enclosure shall meet the requirements of S. S. C. for accessibility and shall be enclosed on three sides by a sight obscuring wall or fence. 16. The uses proposed within the subject application will 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. Additionally, excessive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 traffic already exists in the general area of the development and this development would add to the traffic concerns. ACHD estimates an additional 2,342 vehicle trips per day for the new building. Added excessive noise, smoke, fumes, glare or odors currently exist on this site. However, the proposed development will not create a noticeably discernable negative impact at the location. The proposed use "vill not create significant interference with any traffic on the surrounding public streets. ACHD has addressed this issue and has determined that it will not significantly impact the surrounding public street accesses. 17. The proposed use will 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. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - II 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 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 of the 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 follo\ving standards are met and that the proposed development: (Meridian City Code 9 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 vvith 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 fife protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the pfoposed 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 welfafe 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 Community Business District (C-G), 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 IS 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 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, JanualY 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: I. That the above named applicant is granted a conditional use permit for a commercial development consisting of a dual restaurant with a drive-thru in a C-C zone located at 677 East First St, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Landscaping shall be installed as submitted on the site plan, with the addition of a sight barrier/screening buffer adjacent to the Blimpies drive-through lane. The three existing crab apples shall be moved and replanted on site. Three copies of the new detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 1.2 Applicant shall install parking as submitted. 1.3 All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11 ~ 13~4. 1.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under the subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 1.5 All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 1.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-9 1) for all off~street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessalY applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 1.7 Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 1.8 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 occupancy shall not exceed 60 days to complete the required improvements. 1.9 As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 1.1 0 Water and sewer service locations to serve this proposed building were not shovvn on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed utility connection. 1.11 A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 1.12 Provide 5, wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 1.13 The property shall be properly subdivided, with the final plat properly recorded, prior to occupancy of the proposed Wendy's restaurant. 1.14 Development of the building pad on the northwest side of the property shall be handled through a separate conditional use permit. Adopt the ACHD Recommendations as follows: 1.15 Dedicate 775-square feet of right-of-way on the northwest corner of East 1st Street and Corporate Drive. The dimensions shall provide a 775- square foot triangle. The triangle shall be a right triangle with right~of way from the southeast corner of the property on East 1st extending 31- feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast corner of the property extending 25-feet west of East 1st Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 1.16 Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 17 other required permits), whichever occurs first. 1.17 Utilize the driveway that was approved with a previous application as a right-in/right-out driveway located approximately 140-feet north of Corporate Drive is granted a modification of policy and is approved with this application. 1.18 The driveway that is proposed on Corporate Drive located approximately 180-feet west of East 1st Street is approved as a right- in/right-out driveway. 1.19 The proposed internal driveway to be shared with the property directly to the north is approved with this application. The applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. 1.20 Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff If the sidewalk meanders outside of the right-of-way provide an easement for the sidewalk. 1.21 Replace unused curb cuts on Corporate Drive. Meridian Road and East 1st Street with standard curb. glitter and concrete sidewalk to match existing improvements. 1.22 Replace any damaged curb, gutter and/or sidewalk on Corporate Drive, Meridian Road and East 1st Street with new curb. gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 1.23 Pave the driveway its full width of 30- to 40 feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15- foot curb radii. 1.24 Provide a minimum of 1 OO~feet of stacking distance from the drive-thru window to the public roadway system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 1.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.26 Any existing irrigation facilities shall be relocated outside of tile right. of. way. 1.27 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 1.28 Other than the access point specifically approved with this application, direct lot or parcel access to Corporate Drive, East I st Street and Meridian Road is prohibited. 1.29 Additionally, ACHD's Standard Requirements listed within their December 19,2001 Inter-Office Memo shall be complied with. Adopt the Meridian Fire Department Recommendations as follows: 1.30 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. 1.31 All corners will have to have 28' inside radius and 48' outside radius. Adopt the Central District Health Dept Recomm.endations as follows: 1.32 Run"off is not to create a mosquito breeding problem. 1.33 Applicant shall submit plans for a food establishment for review. 1.34 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent im.pact to groundwater and surface water quality. 1.35 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 Adopt the Sanitary Service Recommendations as follows: 1.36 A minimum of 10' shall be needed for inside the gate posts of the waste enclosure for truck clearance. The other location "Parcel 2" a sign needs to be further reviewed. Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 1.37 All storm water shall be retained on site of the project and shall not impact the District. Additionally, pursuant to the action of the City Council from their meeting held on January 15, 2002, the following shall be required: 1.38 The revised Site Plan with the noted changes and dated 12-7~2001, incorporates the following information: "Site Development Plan, Drawn: BRS, DATE: 7/19/01, JOB NO. 01088, SHEET CD-I, Chg. Monument to Pylon Sign 7/26/01, Add new ACHD ROW 8/26/01, add escape lane 12/7/01." 1.39 That a by-pass lane is required to allow an escape route mid-way through the drivewthru lane for vehicles to exit into the parking lot, and which exit shall help screen the vehicle headlights from the adjacent properties and rightwofwway. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 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 111 accordance with this Decision, which shall be signed by the Mayor and City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 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 vvithin 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 ! ql1'J- day of h6/r-fA__Cf./L-VJ-, 2002. U ROLL CALL: COUNCILMAN KEITH BIRD VOTED f/'-e"L-- VOTED$4l/' VOTED$.tL COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED$.'- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2-(1-02- VOTED r---- MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 21 . d Z . Deparlwe1\t, 1',tbliC W or\<.s CopY served ,,\,01\ A.pplica1\t, l'la1\1\lng a1\ 01\t1\g . "",";;-""'.'" oeparttne1\t a1\d the City Attor1\ey. .... i~~~ .'. ..1.,0.: -'~ .""h . :::;- 0_('j\?'OI'.,.- .,.'." '.l;j. f,J"" , "-4'(:':" ',: Dated, 2/( tJ /t/ t--- ~ . <it <> \ ~ .." Btli::L \ <" . ("".l . c-;"'1.. _c, J -::-. . " "to), .~;' / .M. ",""; ,v,: ./",! "'~ '''C '-,: 1~'''\ ;. m:;" ".,. " .,j'_' ." 'Ii' , ., to f ,'~' ',: 1 tJ'l'ROVBD:~- D1SAYl'ROYED:--- By: d . C\.JPO \ .02.S\HC\SCUPO \ _02.s.doc L''I'IO"""",''''Oi'"''''''\O''" \5360"''1'1 ,0Y' Of fA.ct p..ND C01'lGL\.lSlO1'lS Of Lf\.W p..ND DeClSlO1'l p..ND ~~i.'i~RA.J.'l'1'lNG CONDl'1'101'lp.,L \.lSe l'eRMl'1' - 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01117/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A FAST ) FOOD RESTAURANT FOR ) WENDY'S IN A C-G ZONE AT ) THE NORTHWEST ) INTERSECTION OF ) CORPORATE DRIVE AND ) EAST FIRST STREET, ) MERIDIAN, IDAHO ) ) WENCO, INC., ) ) APPLICANT ) ) Case No. CUP-01-028 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the January 15,2002, 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 a fast food restaurant in a C~G zone located at the Northwest intersection of Corporate Drive and East First Street, Meridian, Idaho, subject to the following ORDER CONDITIONAL USE PERMIT (CUP-01-028) - 1 conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Landscaping shall be installed as submitted on the site plan, with the addition of a sight barrier/screening buffer adjacent to the Blimpies drive-through lane. The three existing crabapples shall be moved and replanted on site. Three copies of the nevv detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 2.2 Applicant shall install parking as submitted. 2.3 All exterior lighting, whether attached to the building or located ,vithin the parldng lot, shall be down-shielded or othelwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4. 2.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under the subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 2.5 All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 2.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-9 1) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance vvith 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 necessalY ORDER CONDITIONAL USE PERMIT (CUP-OI-028) - 2 2.7 2.8 2.9 2.10 applications vvith the Idaho Department of Water Resources regarding Shallow Injection Wells. Trash: The trash enclosure shall be enclosed on at least 3 sides bv a ./ solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitmy Services, Inc. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporalY Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed utility connection. 2.11 A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 2.12 Provide 5, wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 2.13 The property shall be properly subdivided, with the final plat properly recorded, prior to occupancy of the proposed Wendy's restaurant. 2.14 Development of the building pad on the northwest side of the property shall be handled through a separate conditional use permit. Adopt the ACHD Recommendations from their Revised ORDER CONDITIONAL USE PERMIT (CUP-OI-028) ~ 3 Recommendations dated January 22, 2002, as follows: 2.15 Dedicate 775-square feet of right-of-way on the northwest corner of East 1st Street and Corporate Drive. The dimensions shall provide a 775- square foot triangle. The triangle shall be a right triangle with right-of way from the southeast corner of the property on East 1 st extending 31- feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast corner of the property extending 25-feet west of East 1st Street. The right~of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. The right-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 2.16 Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The right~of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 2.17 Construct a right-in/right-out, left-in driveway located approximately 140-feet north of Corporate Drive. Left-turns out of the site are not permitted. Install an on-site sign that states "LEFT TURNS PROHIBITED". The driveway may be restricted to all left turning movements in the future. ACHD may install a concrete median in Meridian Road when warranted. 2.18 The driveway that is proposed on Corporate Drive located approximately 180-feet west of East 1st Street is approved as a full access driveway. 2.19 The proposed internal driveway to be shared with the property directly to the north is approved with this application. The applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. ORDER CONDITIONAL USE PERMIT (CUP-O 1-028) -4 2.20 Construct as-foot vvide detached concrete sidewalk on Meridian Road and East 1st Street located 2~feet within the new right~of~way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2.2] Replace unused curb cuts on Corporate Drive, Meridian Road and East 1st Street with standard curb, gutter and concrete sidewalk to match existing improvements. 2.22 Replace any damaged curb, gutter and/or sidewalk on Corporate Drive, Meridian Road and East 1st Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 2.23 Pave the driveway its full width of 30- to 40~feet and at least 30-feet -' into the site beyond the edge of pavement of Meridian Road with 15~ foot curb radii. 2.24 Provide a minimum of 1 OO~feet of stacldng distance from the drive-thru vvindow to the public roadway system. 2.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.26 Any existing irrigation facilities shall be relocated outside of right~of~ way. 2.27 All utility relocation costs associated 'with improving street frontages abutting the site shall be borne by the developer. 2.28 Other than the access points specifically approved with this application, direct lot or parcel access to Corporate Drive, East 1st Street and Meridian Road is prohibited. 2.29 Additionally, ACHD's Standard Requirements listed within their revised January 22,2002 melno shall be complied with. ORDER CONDITIONAL USE PERMIT (CUP~01-028) - 5 Adopt the Meridian Fire Departm.ent Recommendations as follows: 2.30 Provide a fire~flow as required by the 1997 Uniform Fire Code Appendix III~A. Please show all proximity hydrants within 5001 of the project. 2.31 All corners will have to have 281 inside radius and 481 outside radius. Adopt the Central District Health Dept Recommendations as follows: 2.32 Run~off is not to create a mosquito breeding problem. 2.33 Applicant shall submit plans for a food establishment for review. 2.34 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.35 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. Adopt the SanitalY Service Recommendations as follows: 2.36 A minimum of 10' shall be needed for inside the gate posts of the waste enclosure for truck clearance. The other location "Parcel 2" a sign needs to be further reviewed. Adopt the N ampa & Meridian Irrigation District's Recommendations as follows: 2.37 All storm water shall be retained on site of the project and shall not impact the District. Additionally, pursuant to the action of the City Council from their meeting held on January 15, 2002, the following shall be required: 2.38 The revised Site Plan vvith the noted changes and dated 12~7-2001, incorporates the following information: "Site Development Plan, Drawn: ORDER CONDITIONAL USE PERMIT (CUP-O 1-028) - 6 BRS, DATE: 7/19/01, JOB NO. 01088, SHEET CU-l, Chg. Monument to Pylon Sign 7/26/01, Add new ACHD ROW 8/26/01, add escape lane 12/7/01." 2.39 That a by-pass lane is required to allow an escape route mid~way through the drive-thru lane for vehicles to exit into the parking lot, and which exit shall help screen the vehicle headlights from the adjacent properties and right-of-way. 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 th.e ;c;-tD- day of F&6 ru t:~(J- ,2002. ert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BJ~~ft/5e17 C; Dated: i,~~'b~'~~~tJ;", 2--/tj/Vz.- I' <;} ",-f>OiPO''''~)."'.' r' ~ .\'. n= 1'\ 1'. ... ~'~ c;,;:j.'c.,>.~:r.~~, _,' ::. . -~ ";'<3 ::;. .. v:. ,,: J \,!:' \~~'/',:~~.,.:::::.;;:r/ . ~ ,1< Z;\ Work\M\Mcridian\IVlcridian 15360M\ Wendy's CUPO I-028\Ordcr.doc ORDER CONDITIONAL USE PERMIT (CUP~01-028) February 1 5, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT February 19,2002 ITEM NO. Ip REQUEST Request for Service for Westborough Subdivision AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: L\ m - ~f')l('JRp i tOA Date: 2.-1 '5-02-$ Phone: '?:Fb~~{*'[FD'i, Materials presented at public meetings shall become property of the CIty of Meridian. s r ,-oJ 1fJ VI N?/U 51? \r ~ri' ~ WWW.IDAHOATTY5.COM ll~ PL~ Cli:~ ""1 1) C~l'OIi IDOl ~O.li'SO.li' ~~lC)f: zt\r B!El JCR WERTH & W ALKJLR ~~\\~~V ~ ATTORN EYS & COUNSELORS AT LAW 619 GROVE' STREET BoISE. IDAHO 83702 TELEPHONE 208.383.0008 FACSIMIlE 208. 383.0311 January 2, 2002 TO: Mayor Robert Corrie FAX#: FROM: SUBJECT: 887-4813 David H. Bieter Request to amend 3gGnda-Westborough sewer issue # PAGES: 2 (including cover page) ENCLOSED DOCUMENTS WILL NOT FOLLOW BY MAIL IIJ/~i~uO~: trA~) ~ff yJr~ ~~)j)" ,,} ~ 11'IQ 1> 7. fr/.! tIY/ 61' 9;JJ ~ ~ J; j1IIf - RECEIVED FEB - 7 2002 City of Meridian City Clerk Office- CONFIDENTIALITY NOTICE: The contents of this fax transm Isslon are confldentlal, intended only for the use of the above-named recipient, and also may be the subject of attorney-client privilege. Any distribution, dissemination, copying or other use of this communication by anyone other than the above-named recipient is strictly prohibited and no privilege is waived. If you received this fax transmission in error, please notify us at 208-383-0008. Thank you. JRN 02 '02 14:45 208 383 0311 PRGE.01 BIETER WER TH & WALKER. PLLC ATTORNEYS & COUNSELORS AT LAW WWW.IDAHOATTYS.COM KETCHUM OFFIC: 206 SPRUCE AV[NlJE NORTH SECOND FLOOR POST OFFICE BOX 2060 KeTCHUM. IDAHO 83340 TELEPHONE 208.726.0847 I'AC5lMlLE 208.727.6853 DAVID H. BIETER DOUGLAS A. WERTH FRANK WALKER 619 GROVE STREET BOISE. IDAHO 83702 TELEPHONE 208.383.0008 FACSIMILE 208.383.0311 January 2, 2002 Mayor Robert Corrie & City Council 33 E. Idaho Avenue Meridian, 1083642 RE: Request to Amend Agenda Westborough Subdivision application Dear Mayor Corrie and Council Members: I am writing on behalf of my client, Jim Jewett, and Stetson Properties, Le, in regards to the Westborough Subdivision application. On the 18\1\ of December, the Meridian City Council was scheduled to discuss whether to provide sewer service to Westborough Subdivision. However, no such discussion took place. I have spoken with your attorney, who suggested we submit a written request to place the matter on the agenda. We request that the agenda for tonight's meeting be amended to discuss the issue of providing sewer service to the Westborough Subdivision. We believe It would be best for all jf the current council took up the issue, as this matter comes, at least in part, from a request of a current council member as old business. Since we believe it was an oversight not to have considered it at your previous meeting, we hope the issue can be decided I and we can then proceed accordingly. Thank you for your consideration of this matter. Cc: Jim Jewett William NiChols, Meridian City Attorney JAN 02 '02 14:45 208 383 0311 PAGE. VI? ( BIETfR WERTH & W ALK~R, DAVID H. !IIETER DO~GLAS A. WERTH FRANK WALKER 619 GROVE STREET DOISE. IDAHO 83702 TELEPHONE 208.383.0008 FACSIMILE 208.383.0311 PL~lltf}. ~ ATTORNEYS &. COUNSHORS AT LAW WWW.IDAHOATTYS.COM 208 SPRUCE AvENUE NORTH SECOND FLOOR POST OFfiCE BOX 2360 KETCHUM, IDAHO 83340 TELEPHONE 208.126.0647 FACSIMItl: 208.127.6853 January 2, 2002 Mayor Robert Corrie & City Council 33 E. Idaho Avenue Meridian, 1083642 RECEIVED JAN - 2 2002 RE: Request to Amend Agenda Westborough Subdivision application City of Meridian City Clerk Office Dear Mayor Corrie and Council Members: I am writing on behalf of my client, Jim Jewett, and Stetson Properties, Le, in regards to the Westborough Subdivision application. On the 18th of December, the Meridian City Council was scheduled to discuss whether to provide sewer service to Westborough Subdivision. However, no such discussion took place. I have spoken with your attorney, who suggested we submit a written request to place the matter on the agenda. We request that the agenda for tonight's meeting be amended to discuss the issue of providing sewer service to the Westborough Subdivision. We believe it would be best for all if the current council took up the issue, as this matter comes, at least in part, from a request of a current council member as old business. Since we believe it was an oversight not to have considered it at your previous meeting, we hope the issue can be decided, and we can then proceed accordingly. Thank you for your consideration of this matter. Cc: Jim Jewett William Nichols, Meridian City Attorney JAN 02 '02 14:54 O'~ //" BIETER WER TH & W ALKlER9 PLLe ATTORNEYS & COUNSELORS AT LAW WWW.IDAHOPoTTYS.COM KETCHUM OHIC: 208 SPRuCE AV[NLiE NORTH seCOND FLOOR POST OFFICE BOX 2360 ",nCHUM, IDAHO 81340 n~rPHON E 208. 72C>.08Q 7 FACSIMI~E 20B,727.6853 DAVID H. BIETER DOUGLAS A. WERTH FRANK WALKER 619 GROVE STREET BOlSE, lDAHO 93702 TELEPHONE 208,383.0008 FACSIMilE 20e.383.031t January 2, 2002 \ a t\;-- Q;~ yv.-oJ"lij V if" r ()v ur Mayor Robert Corrie & City Council 33 E. Idaho Avenue Meridian, 10 83642 RE: Request to Amend Agenda Westborough Subdivision application Dear Mayor Corrie and Council Members: I am writing on behalf of my client, Jim Jewett. and Stetson Properties. Le, in regards to the Westborough Subdivision application. On the 18th of December, the Meridian City Council was scheduled to discuss whether to provide sewer service to Westborough Subdivision. However, no such discussion took place. I have spoken with your attorney, who suggested we submit a written request to place the matter on the agenda. We request that the agenda for tonight's meeting be amended to discuss the issue of providing sewer service to the Westborough Subdivision. We believe it would be best for all if the current council took up the issue, as this matter comes, at least in part, from a request of a current council member as old business. Since we believe it was an oversight not to have considered It at your previous meeting, we hope the issue can be decided, and we can then proceed accordingly. Thank you for your consideration of this matter. Cc: Jim Jewett William Nichols, Meridian City Attorney JAN 02 '02 14:45 208 383 0311 PAGE. 02 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WOODBRIDGE COMMUNITY, L.L.C. FOR APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION NO.2 aka SNORTING BULL SUBDIVISION PHASE 2, LOCATED EAST OF SOUTH LOCUST GROVE ROAD AND SOUTH OF EAST FRANKLIN ROAD, MERIDIAN, IDAHO C/C 02/19102 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP~02~002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 19,2002, 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, City Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 4 General Comments and 16 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Adm.inistrator, commented at the hearing, and the Council ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION NO.2! aka SNORTING BULL SUBDIVISION PI-LASE 2 (FP"02~002) - 1 having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SNORTING BULL SUBDIVISION PHASE 2" as evidenced in Plat bearing: "PLAT SHOWING SNORTING BULL SUBDIVISION PHASE 2, LOCATED IN THE SE 1/4 OF THE NW 1f4, SECTION 17, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, ENGINEERING NORTHWEST, LLC, BOISE, IDAHO, 01-034-00, SHEET I OF 5, HANDWRITTEN DATE: 1-7-2002,", WOODBRIDGE COMMUNITY, L.L.C, 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 Frecldeton, Engineering Technician III, and David McKinnon, City Planner II for the Planning and Zoning Department, dated February 8, 2002, listing 4 General Comments and 16 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 The Central District Health Department requires after written approval from the appropriate entities are subm.itted, they can ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION NO.2 / aka SNORTING BULL SUBDIVISION PHASE 2 (FP-02-002) - 2 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 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: 1.1.1 State of Idaho Catalog Of Stonnwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.1.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, Janumy 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION NO.2 / aka SNORTING BULL SUBDIVISION PHASE 2 (FP-02-002) - 3 By action of the City Council at its regular meeting held on February 19, 2002. /t'-- ,/ 0) nY:R~;I(/!f! ~~~ Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. ByJict~,b~ ~ City Clerk ' Dated: ;.:::".~~~ .~!:~'~~~:' i~::U /C:'Jr~{Vi>'i > ". ;? . .;;.:.' ' '('2: '\ .l-/5-0VJ ) r. I ~.> "9. ',> <...:. / '__ .f ^ .' .:' .',," J Z:\ Work\M\Meridian\Mericlian 15360M\ Woodbridge No. :2 FP02.00:2\Ol'del'FP.c1oc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION NO. 21 aka SNORTING BULL SUBDIVISION PHASE 2 (FP-02-002) ~ 4 MAYOR Robert D. Come A Good Place to ) ,ive LEGAL DEPARTMENT (208) 288-2499' Fax 288-2501 Cl'l'Y COUNCIL MElvlliERS Keith Di.td Tammy rtf'\Vf'f'rd Cherie McCandless WilHam Na.t}' C~TY OF MERID~AN 33 EAST IDAHO MERIDLI\N, ID_AHO 83642 (208) 888-4433 - FAX (208) 887-4813 City QeEk Office Fax (208) 888-4218 PUBLIC WORKS .BUlillLNG D.EPAR.'fMEN'l' (208) 887.2211' Fax 887-1297 PLAi"lNING.AND ZONING DEPAR'IMENT (208) 884.5533 . F A.'X 888-6854 MEMORANDUM: February 8,2002 To: Mayor and City Council Bruce Freckleton, Assistant to City Engineer ~ David McKinnon, City Planner IT I::JA RECEIVE-D FEB 1 5 2002 From: Re: City Of Meridian City Clerk Office Request for Final Plat Approval of a 125-Lot Subdivision, Comprised of 115 Building Lots and 10 "Other Lots", on 29.93 Acres of Land in an R-4 Zone by Woodbridge Community, LLC (File No. FP-02-002). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMl\1ARY The applicant, Woodbridge Community LLC, has requested Final Plat approval of the second phase of Woodbridge Subdivision (recorded as Snorting Bull Subdivision). The additional 115 building lots in phase two brings the total number of building lots to 279, four less than the maximum 283 building lots approved of by the City Council (Conditional Use Permit #99-037). The Conditional Use Permit (#99-037) issued for this development permitted reduced setbacks, reduced minimum house sizes, reduced lot sizes, reduced frontage requirements, and eIiminated the cul-de-sac and block length requirements for this subdivision. The 10 "other" lots located within Woodbridge No.2 provide approximately 3 additional acres of open space, bringing the total open space acreage within Woodbridge to approximately 16 acres, 2 acres more than required. LOCATION & SURROUNDING USES The subject property is located east of Woodbridge No.1, approximately 1,500 feet east of Locust Grove Road and 1,000 feet south of Franklin Road. The property is surrounded on three sides by land still within Ada County's jurisdiction. The following uses surround the subject property: North - Green Hill Subdivision zoned R-l (County). South - Locust View Heights Subdivision, zoned R-l (County). East -Magic View Subdivision, zoned R-l (County). West -Woodbridge No.1, zoned R-4. .t.bPJ11t fl' I 4/ P&Z CornmissionIMayor & City Council February 8, 2002 Page 2 FINAL PLAT: SITE SPECIFIC COMMENTS 1. Sanitary sewer and water service to this site shall be via extensions from existing main lines adjacent to the property. Sewer Latecomer fees must be paid or the applicant shall enter into a payment agreement with the City prior to signature on the final plat. 2. Applicant is to meet all terms of the approved preliminary plat. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. Landscaping shall be installed prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 11 0% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Applicant will be required to continue the 12-inch diameter water main from Phase I through Phase n in order to facilitate future connection to the high-pressure main in the Magic View Subdivision. 5. A minimum of a 20-foot wide gravel access road shall be installed over the existing sanitary sewer trunk coursing through Lot 107, Block 6. Road construction shall be in accordance with Public Works requirements. 6. No occupancy permits shall be issued to any home located \Vithin the 100-year flood plain unless an approved Elevation Certificate is completed for the structure or a Letter of Map Revision has been issued for the lot, certifying that the property is no longer located in the 1 DO-year floodplain. 7. A schedule of setback and dimensional standards shall be included on the face of the plat, in accordance with the approved Conditional Use Permit (File No. MCUP-99-037). 8. Landscaping, pressurized irrigation and fencing shall be installed as submitted. 9. The following notes shall be added or revised on the face of the plat: _' The minimum house size is 1,200 square feet, not including the garage. _' The subdivision is subject to the terms of a development agreement recorded as Instrument No.1 00006602, FP-lJ2-002 ,1;,\j It Wood~ No.2FP P&Z Commissionflvfayor & City Council February 8, 2002 Page 3 _' Building setbacks for Lots 73, 75, and 76 of Block 3 shall be a minimum of20 feet from the edge of the built common driveway, or property line, whichever is more restrictive. _' All common lots shall be owned and maintained by the Homeowners Association 10. (DELETE) Sta:ffbelieves this extra easement into the building lots is un-necessary. 10. Remove the 5' wide ACHD easement from the plat legend, and from the lots on Sheet 2 of 5. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 12. The applicant shall be responsible to build the required emergency vehicle access into Greenhill Estates on Weatherby Drive as submitted (and approved by both the Meridian Police and Fire Departments). . 13. 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. 14. All parking and areas of circulation shall be paved and meet minimum dimension requirements as required per City Ordinance and ACHD standards. 15. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stann water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Stann Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. O1f..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 on the final plat. 16. Assessment fees for water and sewer service are detennined during the building plan review process. GENERAL COMMENTS 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 FP-02-<102 " Woodbridge No.2FP P&Z Comrnission!t\1ayor & City Council February 8,2002 Page 4 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. 2. Any existing domestic wells and! or septic systems within this proj ect 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. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's eXpense. Typical locations are at street intersections and/or fire hydrants. 4. Coordinate fire hydrant placement with the City of Meridian IS Water Works Superintendent. FP.o2.oo2 It ,1;,,/ " Woodbridge No.2FP RECEIVED CES. 1 tl a ~ ~ DELINQUENCY FOR TURN OFF SCHEDULED FOR 02/20/02 City of Il/Ieridi::u::i City Clerk OffH:lC' MAYOR: 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, February 19, 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 may retain counsel. This service will be discontinued on February 20, 2002 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $30,317.27. 1)vft- ~.v ~O It1 ~rf Y ftW. CITY OF MERIDIAN Delinquent Account List- council Page' 1 Standard Payment Customers Feb 19,2002 08:39am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non.Delinq 12131/2001 11/30/2001 10/31/2001 Date Amount Msg 15.0029.2 HALL. JOHN & CAROLYN 73.63 44.50 29.13 01/22/2002 41.85 - 69.0106.1 MCGOFF, WENDY 68.26 29.13 39.13 12/26/2001 60.72. none 34.3240.2 ABBOTT, REBECCA 14491 83.76 61.15 12/21/2001 214.85. 46.0132.1 ABBOTT, ROBERT 5984 33.16 26.68 01/02/2002 26.68 - none 1.3980.1 ADA COUNTY OPERATIONS 117.50 81.89 35.61 01/29/2002 75.41 - none 74.2668.1 ADAMS, CATHY 81.70 44.45 37.25 12/18/2001 50.00 - none 69.0632.1 ADAMS, RAYMOND & VICKIE 87.83 49.66 38.17 01/0212002 55.00 - none 5.0812.1 ADAMS, ROBERT & SUSAN 68.14 62.14 6.00 02105/2002 42.28 - none 74.0844.1 AEROTECH lNC 301.98 150.99 150.99 01/16/2002 150.99 - 2.1460.2 AFFINITY CARE 321.13 116.48 93.77 110.88 01/15/2002 300.00. 42.2370.3 AIKMAN. WILLIAM 39.98 33.16 6.82 1.1360.1 AKERS, GENEVA 238.56 133.85 104.71 12/1212001 86.51 . none 2.4740.1 ALBRECHT. JUDY 78.99 40.82 38.17 12111/2001 106.14 - none 50.1476.1 All & FARHA JSHAQ. SABIHA 719.72 317.60 309.94 92.18 02106/2002 303.66 - none 34.1884.1 ALLEN. DONALD 52.80 50.80 2.00 09/14/2001 160.00 - none 31.3422.1 ALLEN, TIM 81.98 50.79 31.19 01/22/2002 48.00 - none 35.0194.4 ALLMOND, JOSEPH & TAKEIA 74.78 41.90 32.88 01/22/2002 53.00 - 20.1510.1 ALLRED, JAY D. 64.30 50.79 13.51 01/30/2002 38.02 - none 15.0126.2 AMOUREUX, RAMON & TEClA 40.56 3930 1.26 21.1784.1 ANDERSEN,SHARRON 72.40 35.61 36.79 12/1712001 38.97 - none 21.0566.1 ANDERSON. JAMES 5123 33.16 18.07 11/27/2001 62.51 - none 21.2076.2 ANDERSON, LAD ELL 197.15 103.34 60.35 33.46 12/1712001 47.21. 42.0382.3 ANDERSON. LAD ELL 52.56 48.34 4.22 19.7336.2 ANDERSON, MICHAEL 107.96 63.51 44.45 12/1812001 43.22 - 74.2758.3 ANDREW PROPERTIES 65.24 38.17 27.07 01116/2002 1300. 21.2070.1 ANKENMAN, MICHAEL A 142.03 53.27 48.28 40.48 12/1812001 45.56 - none 2.6300.1 ANSON. PATRICIA 69.26 64.63 4.63 02/05/2002 50.00 - none 501298.1 APOSTOLIC 81BLE CHURCH 54.56 27.28 27.28 01117/2002 27.28. 14.3016.2 ARANDA, ANDREW & SHEROL 56.97 55.71 1.26 21.2656.1 ARCHER. DORSEY 9129 40.67 50.62 12/2012001 109.04 - none 21.0092.1 ARCHIBALD, JOHN 4680 40.67 6.13 02/01/2002 23.00 . none 68.0070.1 ARES, TONY 87.90 44.45 43.45 02/08/2002 43.00 - none 35.00992 AREVALO, MICHAEL 69.84 33.16 36.68 12127/2001 53.36. 15.0300.2 ARMSTRONG. BRENT 76.73 38.22 40.51 12/19/2001 68.96. 42.1988.2 ARMSTRONG. GARY & LAURA 113.18 71.18 42.00 01/22/2002 51.98 - 68.0040.1 ARMSTRONG. LANCE 88.90 48.26 40.62 01/10/2002 37.18 - none 530700 1 ARNOLD MACHINERY 669.92 340.66 286.36 42.90 01/22/2002 286.36 - none 50.16262 ARNZEN FUNERAL SERVICE. I 85.06 42.53 42.53 12/24/2001 91.54 - 20.17743 AYLWARD, PHILlPE & NAOMI 59.84 33.16 26.68 12/18/2001 34.48 - 42.2148.1 AZARY. SUSAN 63.67 36.99 26.68 12/20/2001 6074 - none 74.3100.2 BABCOCK, JULIE 49.56 30.51 19.05 12/20/2001 36.00- 69.1620.1 BACHMAN. MICHAEL L 69.72 36.79 32.93 12/18/2001 100.00 - none 74.3364.2 BAECHT, CARL R. 6592 32.96 32.96 12/17/2001 71.30 - 2.3550.2 BAILEY, PEGGY 7797 49.45 26.52 01/23/2002 120.00 - 51.0694.1 BAILEY. PEGGY 106.12 56.46 49.66 01/22/2002 46.03 - none 51.0290.3 BAILEY, PEGGY 69.84 33.16 36.68 12/26/2001 76.61 - 3.0326.1 BAIN. RAND 35087 84.84 67.43 57.17 141.43 11/26/2001 70.00 - none 50.0066.2 BAIRD, DANIEL & JILL 30.90 26.68 4.22 34.0632.1 BAKER. JAMES & SHIRLEY 85.28 50.94 34.34 01108/2002 31,74 - none 31.33181 BAKER, JEFFREY 97.05 84.99 12.06 12/31/2001 96.47 . none 409342 BALDWIN. CAMERON 59.84 33.16 26.68 ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Feb 19,2002 08:39am Current Period: 02128/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pm! Cust No Name Balance Non-Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 69.0138.1 BANG, JAMES & PEGGY SUE 86.58 48.28 38.30 01/17/2002 46,77 - none 42.1202.1 BANNER, SCOTT 63.50 35.61 27.89 01/22/2002 27.00 . none 69.0590.1 BAPTISTE, MONTGOMERY 435.50 29.13 228.29 68.13 109.95 11/20/2001 148.94 - none 32.0744.1 BARNARD, WILLIAM 108.20 46.96 61.24 01/2212002 40.00 - none 50.1912.2 BARNHART. RICK 55.45 54.45 1.00 01/23/2002 80.00. 43.2448.2 BARON, KONA & MICHELLE 100.06 63.66 36.40 01/17/2002 45.00. 21.0464.1 BARR. JERROD F 76.23 43.27 32.96 12/24/2001 35.42 - none 3.0120.1 BARRETT, PALMER 110,58 60.92 49.66 01/22/2002 44.13 - none 1.2110.1 BARROETABENA. PHYLLIS 105.38 63.38 42.00 12117/2001 42.14. none 21.2626.1 BASAURI, ROBERT & DENA 82.52 41.90 40.62 12113/2001 11 L43 - none 21.2960.1 BEACH, MALCOM & PEGGY 81.29 48.33 32.96 01/03/2002 40.20 - none 13.8312.1 BEACHWOOD BUILDERS 42.24 33.16 9.08 12/13/2001 6.48. 14.5010.2 BEAUCANNON, JUSTIN 5179 46.96 4.83 01/28/2002 35.00. 1.0030.1 BEAUDOIN, JOHN R 71.24 33.16 38.08 01/11/2002 28.00 - none 32.0950.1 BECKER, NICHOLAS 129.79 72.26 57.53 01/2212002 . 43.00 - none 32.1076.2 BEESON, LORRAINE 59.84 33.16 26.68 12/24/2001 26.68 . 33.2316.1 BELL, LILLY 83.65 39.31 44.34 12/19/2001 68.12. none 33.1828.1 BELL, RONALD & JULIE 121.95 66.12 55.83 12119/2001 80.03 - none 16.3010.1 BENCOINC 135.32 33.16 26.68 36.68 38.80 09107/2001 52.76. 46.0836,1 BENNETT. GREG 69.00 47.11 21.89 01/29/2002 50.00 - none 33.2772.2 BENNETT. GREG 117.02 63.52 53.49 .01 01/11/2002 71.00. 19.6688.1 BENNETT, MASON 107.70 63.25 44.45 01/23/2002 51.85 - none 4.2098.2 BENNETT, STEVEN 64.74 35.61 29.13 12119/2001 56.19. 51.3076.2 BENTLEY, DEAN & PHYLLIS 118.14 118.11 .03 01/2212002 9864. 21.0130.1 BESKER, GLORIA 124.51 72.40 52.11 01/25/2002 49.37 - none 50.4222.1 BETZOLD, ANTHONY 67.22 42.00 25.22 01/15/2002 35.00 - none 143004.2 BEWLEY, SANDRA & DAVID 74.16 49.42 24.74 74.3296.1 BIENAPFL, ROB & CARMEN 65.92 32.96 32.96 01/17/2002 32.96 - none 50.3714.2 BINGHAM, DUNCAN & PAULINE 83,88 55.94 n94 12/17/2001 3571. 46.0110.1 BIRD, GERALD 64.74 63.51 1.23 01/29/2002 50.88 . none 74.2724.1 BISHOP, CALVIN 95.63 52.11 43.52 01/15/2002 40.00 . none 22.1342.2 BISIG, JOSEPH W 59.82 59,68 .14 01/15/2002 93.82 - 31.3372.2 BLACK, KENNETH 69.06 67.09 1.97 01/30/2002 40.00. 51.3680.2 BLAKE, DALE 137.91 58.18 79.73 12126/2001 140.88 - 4.2200.1 BLA YE. LUCREZIA 128.20 54.62 40.62 32.96 11/28/2001 108.60 . none 33.2730.1 BLEAZARD, BARRETT 63.38 35.62 27,76 01/2212002 30.00. none 1.2780.1 BLEVINS. LAURIE 59.84 33.16 26.68 12119/2001 69.35 . none 74.2332.2 BOBKO, RAYMOND 157.79 82.75 75.04 01/2212002 63.00. 2.1170.3 BODL Y, ORVILLE & PHOEBE 69.64 40.53 29.11 01/10/2002 67.84. 742482.1 BOGDANSKI, DONALD 57.85 32.96 24.89 01/16/2002 20.00 - none 510508.1 BOGGIS, CONNIE 97.02 46.31 25.88 24.83 02101/2002 15.00 - none 310512.1 BOKMAN, HELEN 96.46 54.63 41.83 01/22/2002 46.00 - none 22.1462.1 BOLEN. KELLY & LORI 78.69 45.73 32.96 01/10/2002 45.56 . none 52.0246.1 BOLO'S PUB & EATERY 263.24 244.09 19.15 01/22/2002 222 75 . none 34.1318.2 BOOHER. CRAIG & DANA 111.95 58.46 53.49 01/22/2002 6444. 50.0230.2 BORG,GREGORY 105.64 36.68 34.48 34.48 74.0660,2 BOSSART-HILL, CANDACE 85.93 2913 46.79 10.01 12126/2001 7000. 22.0894.1 BOTIMER, STEVEN 55.62 54.62 100 01/18/2002 31.33 - none 6.1914.1 BOULDER CREEK HOMES 5320 23.36 16.88 648 6.48 19.6640.1 BOUNSANA,SOUVANNA 105.36 60.91 44.45 01/14/2002 49.51 . none 321326.1 BOURN, KARA 35.98 35.61 .37 02101/2002 2913. none 74.3832.1 BRACKUS, KEVIN & TIFFANY 40.65 40.62 03 01/18/2002 7.32 - none 743796.1 BRADLEY, CHRISTOPHER 71.83 34.34 37.49 01/18/2002 35.00 - none 22.1312.1 BRADY. RODNEY 10399 55.71 48.28 01/02/2002 55.94 . none 51.0706.2 BRANDT, LORELI 95.28 47.11 48.17 12/26/2001 81.28. ... in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account List. council Page: 3 Standard Payment Customers Feb 19,2002 08:39am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Ba lance Non.Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 21.1 054.1 BRAUNSTEIN, BERNARD & KA 95.24 50.79 44.45 12/27/2001 38.02 . none 31.3022.2 BREEDLOVE. RUSSELL & MICH 66.64 38.22 28.42 01/04/2002 30.00. 21,0178.2 BREINHOL T, AARON 111.98 43.16 34.34 34.48 5.0264.1 BRENNAN,TERRENCE 208.69 82.38 63.60 62.71 01107/2002 130.00 . none 2.5100.1 BRESHEARS. JAMES 116.85 64.74 52.11 01109/2002 48.00 . none 1.0800.1 BREWER. SID & SHELLY 75.92 36,99 38.93 12/19/2001 70.00 . none 22.2282.2 BRICE, DAVID 6474 35,61 29,13 12/17/2001 66.87 - 21.0550.1 BRICKEY, DAN 38.31 36.84 1.47 01/14/2002 31.00. none 32.0926.1 BRIGGS, NADINE 110.58 64.75 45.83 01/22/2002 43.23. none 31,2306.1 BRIGHT. LEANN 44.55 44.50 .05 01/22/2002 60.00 . none 1.3510.4 BRINEGAR. E. E. 64.32 43.16 21.16 01/23/2002 40.00. 2.1320.1 BRINEGAR, ELVIN 212.49 100.17 49.66 62,66 12/04/2001 230.77 - nOne 21,2564.4 BRINEGAR. KATHLEEN 50.56 28.95 13.86 7.75 12/19/2001 50.00 - 1,1830.1 BROADWAY MANOR 221.96 123.94 98.02 12/28/2001 98.02 - none 19.4456.1 BROOKS FULLER HOMES 222.51 36.84 29.13 36.93 119.61 01/11/2002 60.00 - none 6.1504.2 BROSKI, MICHAEL & TINA 52.96 28.42 24.54 12/17/2001 24.68. 50.2434.1 BROWN, BRIAN 75.87 40.62 35.25 12/18/2001 50.00 . none 33.3746,1 BRUCE, DARIN & MARTINA 127.17 74.87 52.30 01/09/2002 57.32 - none 31.3306.1 BRYANT, JAMIE 91.57 61.06 30.51 01/22/2002 62,10 - none 31.3516.3 BRYANT, JOHN 40.08 33.16 6.92 42,2398.2 BRYANT, JOHN 40.24 23.36 16.88 2.0496.1 BUCHANAN, DANIEL & KAREN 98.00 44.51 53.49 12/24/2001 60.17. none 32.1092.3 BUCKLEY, WILLIAM 102.80 46.97 55.83 12/20/2001 121.85. 33.1852.1 BUNDY. DOYLE 91.57 53.40 38.17 01/08/2002 53.06 . none 19.5494.4 BURCHFIELD, DARRELL 51.15 49.28 1,87 02/01/2002 78.00. 68.0078.1 BURGETT, ARTHUR 65.92 32,96 32.96 12/10/2001 32.96 . none 19.6510.2 BURKETT, MARK 100,58 57.08 43,50 01/15/2002 40.00 - 2.2722.1 BURKMAN, JULIA 162.97 97.99 64.98 12/11/2001 66.74 - none 2.5120.1 BURNETT, CAREY 44.39 33.16 11.23 12/19/2001 100,00. none 50.4008.2 BURNHAM, DARLA 61.82 34.34 26.68 ,80 12/18/2001 41.06 - 69.0182.1 BURNS, DONALD 73.16 31.58 41.58 12/26/2001 73.16 - none 2.4890.2 BURNS, EMMETT 112.03 67.34 44.45 .24 01/23/2002 88.00. 42.2460.1 BURTON, JACK 96.51 62.17 34.34 01/23/2002 53.37 - none 34.0696.1 BUTTRAM,DEANNA 90.22 45.68 44.34 12/19/2001 64.38 - none 50.o?24.1 C.F.1. INVESTMENTS 56.68 26,68 26.68 3.32 01/15/2002 52.80 . 34.1100.1 CALLISTER, BROCK 83.27 33.16 36.68 13.43 12/19/2001 35.00 - none 21,0522.1 CALWELL. MARC 77.01 51.90 25,11 01/23/2002 40,00 - none 42.0414.2 CAMPBELL, ROBERT 82.52 41.90 40.62 01/17/2002 34.19- 31.0010.1 CANDACE ADKINS 199.62 82.48 7150 45.64 12/03/2001 86.65 - none 4 1796.1 CAPRAI. JOHN & SARAH 130.95 89,92 41.03 01/23/2002 100.00 - none 3,0048.3 CARLO, CHRISTA 187.42 93.74 84.13 9.55 12/17/2001 100.00 - 32 0884.1 CARLSON, DEBORAH J 77.62 35,62 42.00 01/11/2002 31.60 - none 21.2880.1 CARLSON, JOYCE 74.86 45.73 29.13 12/24/2001 36.65 - none 2.4590.1 CARNAHAN, JOHN 6750 36,99 30.51 12/12/2001 31.88 - none 34.1808.2 CARPENTER,DOUGLAS 97,58 46.96 50.62 12/19/2001 85.88 - 4.2166.2 CARPENTER, SEAN 145,31 35.62 38,17 71.52 12/24/2001 113.34. 22.1160.3 CARSON, JEFFERY & PAMELA 58.30 48.34 9.96 01/24/2002 67.03. 69,1122.2 CARTER, J.R 122,31 68,81 5350 01/22/2002 60.00 - 50,0310.2 CASS, BRUCE C 74.85 34.34 40,51 12/26/2001 88.80. 32.0446.1 CAVINESS. WILLIAM A 89.92 4696 42.96 01/22/2002 42.36 - none 48.1610.1 CB FINANCIAL OEV. L.L.C, 720.82 534.43 18639 02/05/2002 384.56 . 21.2202.2 CELIS. EVARISTO 64.90 3822 2668 12/18/2001 34.48 . 5.0266.1 CHAMBERS, RICHARD 118.24 64.75 5349 01/10/2002 60.59 - none 1.0720.3 CHANDLER, ALLAN 59.84 33.16 26.68 01/29/2002 26.68 - 42.2582.1 CHAPMAN, LORRI 11685 68,57 48.28 12/18/2001 87,65 - none .., in Msg column indicates no Nolice is to be sent CITY OF MERIDIAN Delinquent Accoun! List. council Page: 4 Standard Payment Customers Feb 19,2002 08:39am Current Period: 0212812002 No Delinquent Minimum AmountDetinquent Balance Last Pm! Last Pmt Cust No Name Balance Non.Detinq 12131/2001 11/3012001 10/3112001 Date Amount Msg 15.0664.2 CHASE. LEONARD, & LINDA 66.57 35.61 32.96 12117/2001 46.77 - 69.0516.3 CHASTAINE, LOCKE 72.51 42.00 30.51 01/15/2002 36,18. 50.1774.1 CHERRY'S BUILTIN VACS 481.29 145.11 187.24 146.94 12118/2001 321 .35 - none 15.00472 CHRISTENSEN. DAVID 97.86 55.86 42.00 1211712001 111.78 " 20.1606.3 CHRISWELL, LEE ANNA 212.07 68.96 44.45 44.31 54.35 01/2312002 100.00. 32.1278.1 CHURCH, LARRY 59.84 33.16 26.68 01/2212002 44.88 . none 22.1486.1 CHURCHMAN, STEVE J. 106.09 65.85 40.24 01/2312002 41.00 - none 5.0780.1 CLARK SUZANNE 114.13 59.68 54.45 1211912001 106.79 - none 2.6050.1 CLARK, DOUG AND JOYCE 106.67 34.61 38.33 33.53 12120/2001 38.45 . none 74.2624.2 CLARK, PAULINE 236.16 164.56 71.60 02106/2002 100.00 - 31.3056.2 CLARK,RANDY 100.30 52.02 48.28 01/2212002 35.42 - 2.3872.1 CLARK, ROCKY & DANI 121.89 63.50 58.39 12118/2001 37.73 - none 40.0432.1 CLARKE, JOHN 128.69 128.69 07/17/2001 73.28 - none 1.2020.1 CLEMENTS. ROBERT 65.41 33.16 32.25 0112212002 30.00" none 20.0170.1 CLEMSON. ALVIN 122.02 58.32 57.32 6.38 0111412002 57.32 - none 50.4570.1 CLEVENGER. TERRY 179.75 145.41 34.34 01/17/2002 26.68 - none 5.0344.1 CLIFF, DWIGHT 74.74 35.61 39.13 1211912001 97.62 - none 35.7999.1 CM COMPANY 64.80 9.72 34.02 21.06 31.0678.1 COATNEY, GERALD 75.01 73.64 137 0210612002 52.12. none 21.1766.1 COFFMAN, RICK K. 90.34 56.00 34.34 0111512002 48.29 . none 33.0206.1 COMBA, TRUDY 248.58 127.53 118.59 2.46 0210412002 118.59 " none 33.0196.1 COMBA, TRUDY 179.60 124.42 55.18 0210412002 200.72 . none 21.3299.1 COMMUNITY PROPERTY 495.97 168.48 327. 49 1011512001 753D5 . none 30398.2 CONGER, ALEX 66.64 36.84 49.60 16.3310.2 CONKIS. GREGORY & CAROL 69.84 33.16 36.68 1212012001 80.03 " 22.1446.2 CONNER, TINA 227.20 165.83 61.37 01/3012002 75.00. 5,0518.1 COOK. ROBERT 78.85 40.68 3817 01/2212002 40.49 . none 22.1598.1 COOPER. DEBBRA K 72.08 42.05 3003 0111712002 33.00 . none 42 2992.1 COPE. TIMOTHY 74.90 48.22 26.68 0112312002 33,11. none 74.3616.1 CORDELL. TODD 128.05 128.05 0711812001 80.00 - none 22.0472.1 CORRIE, GREG AND LISA 5982 59.68 .14 01/2912002 40.48 . none 4.1746.1 COSGROVE, AMY 74.74 35.61 39.13 01/2212002 39.13 - none 31.3420.1 COUCH, JULIA 82.43 48.22 34.21 01/2312002 45.00 - none 34.1312.1 COULTER. SCOTT 34.89 33.16 1,73 0211312002 26.68 . none 35.0182.2 COVINO, AMMON & CRYSTAL 73.01 64.75 8,26 0112512002 8.28. 33.3592.1 CRADER. PAMELA 254.67 254.67 0711812001 48.52 . none 22 0960.2 CRANER, DON 116.57 75.95 40.62 0110212002 39.25. 34.0492.1 CRAW, GARY 38.62 38.22 .40 0111412002 53.09 . none 50.0894.1 CREEKSIDE ARBOUR II 135.04 67.52 67.52 1211812001 67.52. 50,0902.1 CREEKSIDE ARBOUR II 117.07 56.69 60.38 1211812001 59.15. 50.0862.1 CREEKSIDE ARBOUR JI 135.04 67,52 67.52 12118/2001 25.92. 50.0870.1 CREEKSIDE ARBOUR II 135.04 67.52 67.52 1211812001 25.92. 50.0884.1 CREEKSIDE ARBOUR I 135,04 67.52 67.52 1211812001 25.92 " 50.0900.1 CREEKSIDE ARBOUR 135.04 67.52 67.52 1211812001 67.52. 50.0880.1 CREEKSIDE ARBOUR 135.04 67.52 67,52 1211812001 25,92. 50.0890.1 CREEKSIDE ARBOUR 135.04 67.52 67.52 1211812001 25.92. 50.0882,1 CREEKSIDE ARBOUR 135.04 67.52 67.52 1211812001 2592. 50.0906.1 CREEKSIDE ARBOUR 133.34 62.84 70.50 1211812001 66.67. 500874.1 CREEKSIDE ARBOUR 93,44 67.52 25.92 1211812001 2592 " 50.0856.1 CREEKSIDE ARBOUR 135.04 67.52 67.52 1211812001 67,52. 50.0850,1 CREEKSIDE ARBOUR 135.04 67.52 6752 1211812001 67.52. 50.0854.1 CREEKSIDE ARBOUR 135.04 67.52 67.52 1211812001 67.52. 50.0852.1 CREEKSIDE ARBOUR 135.04 67.52 6752 1211812001 67.52. 21.0064.1 CREEKSIDE DEVELOPMENT 115.27 90.07 2520 0112912002 49.66 . none 1.2820.1 CRIDLAND, DONALD 123.28 59.68 63.60 0111812002 58.54 . none ... in Msg column indicates no Notice is to be sent CITY OF MERlDIAN Delinq uent Accounllist- council Page; 5 Standard Payment Customers Feb 19.2002 08:40am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 33.2376.2 CRONER, CHAD 155.36 6.48 48.17 45.97 54.74 10/24/2001 136,79- 19.7130.2 CRONER, PATSY 59.64 42.05 17.59 11/16/2001 15.61 - 42.4070,1 CROSS, ARBY 68.57 39.44 29.13 01/2212002 29.13. none 15,0004.2 CROWE, PENNY 83.75 46.96 36.79 01/15/2002 35.42 . 74.2834.1 CROWLEY. BILLY 123.37 63.60 59.77 01/2212002 55.94 - none 31 .3336.1 CRYER, JUDITH 59.84 33.16 26.68 12/18/2001 73.04 - none 74.2692.2 CUSHMAN, KELLY 81.01 48,28 32,73 01/22/2002 60.00 - 4.0686.2 DA ROSA, JULIE 105.40 63.40 42.00 01/23/2002 41.86. 4.1260.1 DABS. ROBIN 110.42 6214 48.28 01/16/2002 37.88 - 42,0434.1 DAHLGREN. SHIRLEY 59.64 33.16 26.68 12124/2001 26,68 . none 50.0284.3 DALE, MARK 90.04 36.68 26.68 26.68 12/06/2001 30.37. 2.0080.1 DALlCE PLUMBlNG 75,92 44,65 26,68 4.59 01/22/2002 30.00 . none 42.2388.2 DALY, BERT 218.74 36.84 32.96 34.19 114.75 11/21/2001 310.26 - 4.221 2,1 DARDEN, OTIS 103.42 55.85 47.57 01/14/2002 63.99 - none 50.4574.3 DAROSA, JOE 89,04 36.68 26.68 25.68 1,3910.1 DAVCO SERVICES INC. 204.21 193.58 10.63 01/2212002 183.55 - none 22,1420.1 DAVENPORT. DUANE 89.55 40.67 42.96 5.92 12/19/2001 60,00 - none 74.1058.1 DAVIS, NORMA 55.10 26.68 28.42 12/27/2001 40.00 - none 34.1770.1 DAVIS, WADE & WYNETTE 90.34 48.34 42.00 01/16/2002 36,80 - none 42,0456.3 DAY,BARBARA 120.08 78.72 38.17 3.19 01/24/2002 26,67 - 4.1830.1 DEASON, RICK 83.75 46.96 36.79 12/14/2001 50.74 - none 213070.1 DECK, KIMBERLY 102.84 54.63 48.21 01/17/2002 40.00 . none 32.0600.2 DELANEY, RITA 126.56 73.64 52,92 01/22/2002 60.00. 1.0930.1 DENNEN, JEVON & HEATHER 74.93 33.16 41.77 01/10/2002 35.00 . none 32.1254.1 DENNIS, LORI 59.84 33.16 26.68 12116/2001 53.36 - none 2.1610.1 DESILET, DENICE 38.50 33.16 5.34 02112/2002 39.00 . none 46.5070.1 DEVELOPERS DIVERSIFIED 98.24 90,14 8.10 02/01/2002 38.86. 74.3620.2 DIMAYA, FEDELlNO 79.75 29,13 50.62 12/26/2001 6564. 33.2564.1 DIXON, COLETTE 82.68 44.51 38.17 12/18/2001 64.43 - none 69.0490.1 DIXON, SCOTT & HEATHER 64.38 34.34 26.68 3,36 01/17/2002 35.00 . none 3.0700.1 D08ARAN, JOHN & ARVELLA 149.48 149.21 .27 01/30/2002 112.63 . none 3,0720.1 D08ARAN, JOHN & ARVELLA 40.24 23.36 16.88 01/02/2002 24.54 . none 3.0730.1 D08ARAN, JOHN & ARVELLA 379.28 192.88 186.40 01102/2002 186.40 - none 50.0140.1 DODGE, JAMES & JOAN 91.66 64.98 26.68 01110/2002 34.48 - none 19.4454.2 DOHERTY, GREG 54.63 50,80 3.83 02112/2002 42.00. 4.1554.1 DOLL. THOMAS 105.40 53.40 52.00 12/19/2001 110.16 - none 21.0144.1 DOMKA. TIMOTHY 64.74 35,61 29.13 12104/2001 58.26 - none 33.2594.2 DONALDSON. NEAL 71,03 41,90 29.13 12104/2001 59.49 - 74.2912.1 DONALDSON, STEVEN 119.54 52.11 67.43 12/17/2001 98.46 - none 40.0218.2 DONNELLY, ALAN 77.46 44.50 32.96 01/10/2002 45.56 - 42.1200.1 DOOLEY. DAVID & LESLIE 68.57 39.44 29.13 01117/2002 30.36 - none 33.4144.1 DOYLE, JEFFERY 58.43 33.16 25.27 12/05/2001 25.00 - none 42.2494.1 DRIVER, DONALD E 91.41 69.80 21.61 12103/2001 147.18 - none 4.2282.1 DRURY, PATRICK 80.38 43.13 37,25 01/22/2002 5000 - none 2.0210.1 DUNN, DONALD 101.69 52.03 49.66 12/18/2001 101.78 - none 68.0102.2 DURHAM, KYLE 39.26 29.13 10,13 01/10/2002 2900. 2.5010.1 EARLEY. GEORGE 59.84 3316 26,68 01/22/2002 26,68 - none 74.3784.1 EBBERS. MARIE 58.26 29.13 29.13 12/19/2001 50.54 - none 2,1690,3 EBLEN, EARL 39.14 1000 29.14 15.0150.1 EDENBROOK INC 39,64 33.16 6.48 12/17/2001 6.48. 50.2418.1 EHLERT, DEAN & KIMBERLY 64.85 34.34 30.51 01/14/2002 22.06 - none 74.2368.1 ELDRED. FLOYD 67.10 36.79 30.31 12/18/2001 75.00 - none 48.4850.1 ELIXIR INDUSTRIES 231,21 15963 71.58 12/17/2001 100.08 - 72,0101.1 ELK RUN HOMEOWNERS ASS 16.20 16.20 11/15/2001 223.56 . none 68.0138.1 ELLINGTON, BRUCE 73.58 32.96 40.62 01/22/2002 31.73 - none ... in Msg column indicates no Nahce is to be sent CITY OF MERIDIAN Delinquent Account List. council Page: 6 Standard Payment Customers Feb 19,2002 08:40am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non.Delinq 12/31/2001 11/30/2001 10/3112001 Date Amount Msg 48.160U ELLIOTT GROUP LLC 604.26 604.26 50.2232.1 ELLIS, JOHN 58.26 29.13 29.13 01/1712002 31.73- none 34.0592.1 ELLIS, TODD & DANA 157.37 82.39 74.98 12/1912001 149.52- none 4.2124.1 ENGELUND. CARTER & KAREN 80.08 41.91 36.17 01/1412002 50.89 . none 74.2686.1 EPPERSON,DAREN 54.78 29.13 25.65 01122/2002 30.00 . none 50.1242.2 ERHART. MILT 118.17 48.28 32,96 36.93 11114/2001 73.49. 50.1238.1 ERHART. MILT 206.67 59.66 30.51 50.91 65.59 02/07/2002 206.68 . none 50.1234.2 ERHART. MILTON 53.36 26.68 26.68 12/12/2001 89.54- 2.3464.1 ERICKSON, RICHARD 102.97 53.40 49.57 01/15/2002 40.00- none 50.1354.2 ESTATE OF BESSIE MATCHAM 53.09 49.66 3.43 02/1312002 45.00 . 5.0798.1 ESTEP. MARK & KATHRYN 105.36 64.74 40.62 12/1812001 48.14. none 22.1578.1 FARNSWORTH. JUICE 124.37 72.26 52.11 12/1812001 54.85. none 1.3660.1 FARRAND, SHELLlE 108.00 48.34 59.66 12/1912001 126.69 . none 2.2450.1 FARRELL, MICHAEL 114.29 54.63 59.66 12/1912001 85.23 . none 34.1806.1 FAULKNER, FREDA 69.25 39.45 29.80 02/1112002 10.00- none 33.3678.1 FAYLOR, MILFORD 248.23 48.34 34.34 40.77 124.78 0210512002 34.34- none 74.01041 FERGUISON. RANDALL C 53.36 26.68 26.68 0110812002 29.28 . none 2.2560.1 FERNANDES. JOHN 59.84 33.16 26.68 0110812002 31.60- none 74.0328.4 FISHEL, GEORGE 52.32 32.96 19.36 0112912002 10.00- 74.1006.1 FISHEL. GEORGE 343.64 68.47 60.81 214.36 02/04/2002 60.81 . none 74.1056.1 FISHER. BEA J. 64.53 30.51 34.02 01122/2002 27.00 . none 74.0406.1 FISHER. CASEY L 56.46 30.51 25.95 01/22/2002 26.00 . none 32.0568.1 FISHER. MELVIN 115.80 52.31 63.49 12/1912001 74.43- none 2.0740.1 FISK, PATRICK 174.06 83.76 90.30 01/23/2002 66.39 . none 1.1160.2 FLATEN. BOB 90.81 44.51 45.83 .47 01/2312002 143.13. 1.1164.3 FLATEN. ROBERT 73.67 43.16 30.51 01/2312002 35.71. 74.3354.1 FLOREZ. BARRY 30.13 29.13 1.00 01/2412002 28.13- none 34.0468.4 FLOWERS, JEREMY & ANGELA 109.69 68.58 41.11 01/1712002 82.00. 13.8440.1 FLYNN. DON 46.88 33.16 13.72 01/17/2002 6.48. 48.2694.1 FOOD SERVICES OF AMERICA 1.962.84 1,355.19 607.65 01130/2002 1.117.88 . none 34.0552.1 FOSTER, BRADLEY D. 126.04 49.57 76.4 7 01/1512002 68.81 . none 22.1618.1 FOWERS, JOHN 120.26 73.36 46.90 01123/2002 46.90. none 15.0010.2 FOWLER. ROBERT & KERRI 98.81 5202 46.79 12/20/2001 100.92- 21.0190.1 FOX. TRAVIS 39.74 38.22 1.52 02/0512002 30.51 . none 2.5840.1 FRANK, GARY 123.98 42.05 53.49 28.44 01/03/2002 50.00 . none 210160.2 FRANZEN, JAKE 119.46 72.67 46.79 01/23/2002 41.35- 68.0142.1 FRAZEE, ANGIE 36.68 34.34 2.34 02/04/2002 32.00 . none 513078.3 FREEMAN, NICOLE 68.25 34.82 32.17 1.26 01/10/2002 30.00- 2.4930.4 FREEMAN. SARAH 180.46 118.07 26.68 35.71 11107/2001 107.79. 32.1542.1 FUHRMAN. JOSHUA 77.50 3699 40.51 01/17/2002 27.91 . none 32.1666.2 FURSTENAU, FRED & LONA 93.80 52.60 41.20 01/22/2002 30.65- 20.0204.2 GALLEGOS. ANTHONY 9525 53.25 42.00 01/10/2002 42.00. 31.2250.1 GARCIA. ANOTONIO 110.73 58.45 42.28 01/23/2002 100.00 . none 20.1284.2 GARDNER, VINCE 119.17 5706 52.11 12/13/2001 174.03- 50.1198.1 GARDOSKI, WILLIAM 80.42 36.68 43.74 01/23/2002 30.00- none 21.3048.2 GARLICK. LEWIS 223.27 126.69 96.58 01/22/2002 115.11 . 33.2302.1 GARRARD, DALE 71.07 3439 36.68 12/19/2001 54.59. none 20.1726.1 GARRIGUS, SCOTT 136.69 105.22 31.47 01122/2002 120.00- none 22.0325.1 GARRISON. ROBERT W 82.52 45.73 36.79 12/16/2001 74.53. none 46.0188.2 GATES, JOHN 98.68 4622 50.46 01/23/2002 114.00. 34.1900.1 GATES, SANFORD E. 68.73 3822 30.51 01/22/2002 26.68. none 2.0950.1 GAYTHIWAtTE. RITCHIE & SUS 91.57 49.57 42.00 01/22/2002 36.66. none 34.2895.2 GAYTHWAITE, LARRY & TAMI 81.97 47.11 34.34 .52 12/18/2001 68.00. 51.0832.1 GENERATIONS II 269 79 74.00 37.68 37.88 120.43 13.4000.1 GERRY BURKE 70.87 3929 31.58 01/22/2002 47.17. ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Feb 19.2002 08:40am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non.Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 22,1596,3 GIAUQUE, PAUL 8651 48,34 38.17 01/22/2002 36,94. 2,0852.2 GIESLER, ANGELA 81.87 50.67 31.20 01/24/2002 30.00 - 2.2480.1 GILBERT, CARL 104,15 62.15 42,00 01/22/2002 57,32 - none 2,2578.2 GINGRICK, KENT 88,81 48,19 40.62 12/31/2001 51,85. 15,0278,1 GLENN JOHNSON HOMES 112,12 6.48 36,68 34.48 34.48 10109/2001 12,96. 15,0108,1 GLENN JOHNSON HOMES 113.26 45.62 26.68 34.48 6,48 10/09/2001 6.48. 35,02561 GLENN JOHNSON HOMES 198.40 54,77 34.34 38,17 71.12 08/03/2001 69.24- 35.0152,1 GLENN JOHNSON HOMES 26.38 26.38 10/09/2001 28,04 - 5,0262.2 GLINES. MARK & YVONNE 90,38 39.45 50.93 02/11/2002 30.51. 33.2388.1 GLUCH. SCOTT 59.84 33.16 26.68 12/18/2001 53.36 - none 15.0156.1 GNG CONSTRUCTION 93.31 50,80 36.03 6.48 21.2790.1 GORRINGE. BENNY 139.31 81.03 58.28 01/24/2002 50.74 - none 313374.1 GOULDING, PAULINE 154.29 110.29 44.00 01/22/2002 46.43 - none 33.0101.1 GRAND AUTO #04533 122.51 48.60 73.91 01/17/2002 48.60 - none 32.1368.1 GRATTON, THOMAS 93,91 49.57 44.34 12/20/2001 81.81 . none 50.2242.1 GREEN, JUDITH 85.07 44.45 40.62 12/27/2001 2913. none 4.1206.1 GREEN, KEVIN 65,97 36.84 29.13 01/22/2002 31.59 - none 51.3350.1 GREGORY, STEVEN 72.14 45.46 26.68 12/14/2001 29.74 - none 51,0958.3 GRIEVE. JAMES 51.49 27.67 19.96 3.86 11/26/2001 15.98 - 31.0158.1 GRIFFIN, RICHARD & GAIL 75,12 65.86 9.26 01/29/2002 85.00 - none 34.2126.1 GRIGG, DANA K 44.78 44.65 13 01/15/2002 60.00 - none 50.2412.3 GRISHAM, DANIEL & JANET 59.63 38,17 21.46 01/24/2002 40,00. 310764.1 GROGAN, JIMM 104,31 40.82 63.49 12/19/2001 109.55 - none 2.4290,1 GROSSO, SHADOW 74.27 36.99 36.68 .60 01/17/2002 2638 - none 690578.1 GROVES. DARRELL & NANCY 104.22 55.94 48.28 01/22/2002 48.28 - none 65.3132.1 GROW, MATTHEW 80.17 42,00 38.17 12/12/2001 35 57 - none 19.1378.1 GRS CONSTRUCTION INC 48.00 33.16 14.84 12/18/2001 6.48- 212964.4 GUILES, GARY & RHONDA 65.08 38.22 26.86 01/18/2002 1824 - 47.0066.1 GUNDERSON. LEE 53.81 52,02 1.79 01/17/2002 3419 - none 74.0046,1 GUNN,REBA 39.17 38.17 1.00 01/22/2002 37.17 - none 74,3084.2 HADLEY JR, DOUGLAS 33.56 32.96 .60 01/16/2002 40.02. 20.1478,2 HAKE, KAREN 393,29 43.27 36.79 313.23 11/29/2001 300,00 - 22.2088.1 HALE DEVELOPMENT 60.98 33.16 26.68 1.14 01/10/2002 25,54. 32.4124.1 HALE DEVELOPMENT 59.84 33.16 2668 12/17/2001 6.48. 32.4034.1 HALE DEVELOPMENT. INC. 29.84 23.36 6.48 32.4122.1 HALE DEVELOPMENT. INC. 5984 33.16 26.68 12/17/2001 34.48 - 32.40321 HALE DEVELOPMENT. INC. 6814 61.66 6.46 13.0020.2 HALE, DWAINE & LATICIA 175.11 100.02 75.09 12/31/2001 59.07. 4.1594.1 HALL. BRIAN 82.24 48.34 33.90 01/22/2002 52.00 . none 31.2300.1 HALLOCK, DOUGLAS S. 86.21 57.08 29.13 01/22/2002 42.13 - none 33.2338.1 HAMILTON, TRACEY 149,97 88.82 61.15 01/17/2002 61.01 - none 400234 1 HAMMOND, DONALD 65.97 36.84 29.13 01/16/2002 66.80 - none 31.3394.2 HANHARDT, ANDREW & CAMIL 78.57 39.44 39,13 12/19/2001 7755. 33.4274 1 HANSEN. ERIK 105.52 59.69 45.83 01/16/2002 43.85. none 3101482 HANSON, CAREN F 59.86 39.45 20.41 01/16/2002 1010. 32.06042 HANSON. PHILIP 51.52 33.16 18.36 01/22/2002 2000. 42.2356.1 HARP. GREGORY 134.51 68,57 65.94 01/17/2002 2311. none 21,2652.2 HARPER. MICHAEL 90.02 89.15 .87 01/15/2002 16440. 42.1820.1 HARRINGTON.BLACK. JODY 9018 5339 3679 12/17/2001 63.18. none 34.08341 HARRIS, DERREK G 91.57 4957 42.00 01/22/2002 47.20 - none 4.0576.1 HART KRISTOFER 53.36 2668 26.68 12/17/2001 29 28 - 2,5900.1 HARVEY, LISA M 119,37 71.18 48.19 01/22/2002 50.00 - none 31.3036,1 HASSIS, PAM 86.94 53.54 33.40 01/15/2002 45.00 - none 21 1026.2 HATCH. DAVID 84,94 4711 37.83 01/11/2002 45.00- 343234.2 HATCH. GARY 59.13 3316 25.97 02/01/2002 36.00. ... in Msg column indicates no NOlice is to be senl CITY OF MERIDIAN Delinq uent Account List- council Page: 8 Standard Payment Customers Feb 19,2002 08:40am Current Period: 02/28/2002 No Delinquent Minimum AmountDeJinquent Balance Last Pml Last Pmt Cust No Name Balance Non.Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 21.1904.1 HATCHER, LAVONNE 68.53 39.44 29.09 01/22/2002 33.00. none 4.1212.1 HAYLETT, MIKE 45.61 35.61 10.00 02/13/2002 29,13. none 31.3288.1 HAZELVVORTH.MARY 69.84 33.16 36.68 12/19/2001 53.36 - none 69.0694,2 HEATON, CHAD & HEATHER 128.47 86.4 7 42.00 01/23/2002 59.24 - 19.0076,2 HEATON, JUDITH 63.67 33.16 30.51 11/27/2001 47.20 - 20.1624.1 HEATON, JUDITH A. 62.50 40.82 21.68 01/15/2002 55.05 . none 2.5330.2 HEBERT, DAVID & BRENDA 163.74 60.77 102.11 .86 02/05/2002 60.00 - 33.4246.1 HELFERICH, ROGER 68.39 42.05 26.34 01/22/2002 30,00 - none 21,1998.1 HENDERSON, PHIL 94.01 49.56 44.45 12/24/2001 34.19. none 2.6830.1 HENSEN, JAMES & RENA 340.66 35.61 29.13 50.76 225.16 08/21/2001 223.16 - none 1.0150.1 HERKSHAN. ENOS & VERONIC 70.46 33.16 37.30 01/02/2002 30.00 - none 50.4028.2 HERNANDEZ, ANTHONY 85.77 36.79 46.79 2.19 12/24/2001 80.00- 14.3470.1 HERNANDEZ. DAVID & JULlEA 67.62 50,94 16.88 12/12/2001 6.48. 1.3300.1 HERSEY. RICHARD 471.16 189.30 281.86 01/22/2002 109.09 - none 1.3260.1 HERSEY, RICHARD 252.08 137.70 114.38 01/22/2002 119.72 - none 69.0654.1 HESS. BRUCE 70.43 67.43 3.00 01116/2002 64.43 - none 3.0036.2 HESTER, CHRISTINE 84.74 45.61 39.13 01/23/2002 34.05. 3.0094.2 HESTER, CHRISTINE A 159.97 71.05 86.92 01/23/2002 6126 - 74.0384.2 HESTER, LLOYD & SHERRY 61.02 34.34 26,66 01108/2002 162. 51.0928,2 HICKEY, F A 83.91 53.40 30.51 12/21/2001 75.11 - 31.3454.2 HICKMAN, JOHN & JENNIFER 171.07 136.00 35.07 01/24/2002 60.00 - 51.3580.1 HIGGINBOTHAM. RON 95.40 53.40 42.00 01/10/2002 38.17 - none 65.0640,1 HIGGINS, MICHAEL 61.07 34.39 26.68 12/19/2001 26.68 . none 37,3814.1 HIGH DESERT 33.16 26.68 6.48 02/14/2002 6.48 - 14,3496.1 HIGH DESERT CONSTRUCTIO 48.72 33.16 9.08 6.48 14.3568.1 HIGH DESERT CONSTRUCTIO 48.72 33.16 9.08 6.48 74,3110,2 HIGHT DESERT CONSTRUCTJO 198.11 78.81 64.98 54.32 11/28/2001 77.27. 3.0382.1 Hill, BRIAN OR VICTORIA 118,08 6597 52.11 01/22/2002 53.20 - none 22.0320,1 HITESMAN, DOLPH & EILEEN 65.16 64.74 .42 02/11/2002 145.00 - none 3 02681 HOBDEY, BRIAN 45.62 35.61 10.01 01/28/2002 35.00 - none 50.3710.1 HODOR, LARRY 80.17 42000 38.17 12/24/2001 97.25 . none 46.0624.2 HOFFMAN, MICHAEL 56.97 52.17 4.80 01108/2002 7400. 4.1792.2 HOHENSHEL T. JOAN 81.73 53.25 28.48 01/23/2002 130.00. 507221 HOllEY, DAVID 98.64 55.74 42.90 01/23/2002 66.00 - none 32.1456.1 HOLLINGSHEAD. BRETT 80.85 45.74 35.11 01/22/2002 50.00 - none 33.4346.1 HOLLOVVAY, PAIGE 58.13 33.16 24.97 01/16/2002 5000 - none 340664,1 HOMAN. JOHN 207,92 116.72 91.20 12/13/2001 60.45 - none 22.2368,1 HOME BUILDERS 95.62 95.62 07/23/2001 26.38. 20.13161 HOME BUILDERS 161.76 4316 36.68 34.48 47.44 52.0415.1 HOME DEPOT #1804 16.97 3.24 3.24 10.49 12/18/2001 324. none 51.4250,1 HOME PRO PLUMBING 222.86 114.67 108.19 12/17/2001 592.33 . none 3.0362.1 HONO, GREG & NANCY 18662 82,38 104.24 12/19/2001 11000 - none 51.0678.1 HOOVER, L YND 198.20 61,06 137,14 02/11/2002 188.28 - none 31.3458.1 HOPKINS. DARRYL 101.45 4711 54.34 01/22/2002 49.22 - none 51,0314.1 HORTON, RICK 8.16 8.16 01/02/2002 100,00 . none 51.0470.1 HORTON. ROBERT 100.72 4465 56.07 12/31/2001 15000 . none 1.0470.4 HOVVELL, GAYLEEN 33.59 30.99 2,60 500226.1 HOVVELL. JAMES 14502 91.66 5336 11/16/2001 34271 - none 33.26521 HOVVELL. KATHLEEN 9157 49.57 42,00 01/22/2002 41.86 - none 69,0562.1 HUFF. HARLAN & SAUNDRA 30.91 3051 .40 0112212002 26.28 - none 15.0124,1 HUNT CONSTRUCTION 40.96 6.48 34.48 01/29/2002 3668. 31.3402,1 HUNT,HEATH 63.01 39.45 23.56 01/22/2002 2200 . none 34.2100.1 HUNT, RADELL 73.31 36.85 36.46 01/15/2002 50.00 . none 50.1706.2 HUNT. STEVE 5719 30.51 26.68 12/07/2001 6336 - 51.0510.4 HUNT, VVESLEY 97.63 33,16 64.47 01/03/2002 4500. ... in Msg column Indicates no Notice is to be sent CITY OF MERIDIAN DeJinq uent Account LIst- council Page: 9 Standard Payment Customers Feb 19,2002 08:40am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance last Pmt Last Pmt Cust No Name Balance Non.Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 150048.3 HUNTER. PAUL 107.15 4957 5349 4.09 01122/2002 50.00 - 20.2054.1 HUTH. FREDRICK C. 73.89 61.05 12.84 01/14/2002 50.00 - none 49.0932.1 IDAHO PARKS & RECREATION 183.02 94.75 88.27 12/24/2001 132.86 - nOne 502550.1 INTERMOUNTAIN OUTDOOR S 558.68 287.00 271.68 12/18/2001 271.68 - none 61932.1 IVERSON CONSTRUCTION 19.02 6048 12.54 01/29/2002 28.80 - 15.01061 JL WATSON CO, INC. 59.84 33.16 26.68 12/18/2001 34048 - 2.5820.1 JACKSON, ROBERT 63.16 33.16 30.00 01/14/2002 35.96 - none 50.4506.1 JACOBSON, BETTY B. 12007 26.68 26.68 26.68 40.03 01/22/2002 60.00 . none 35.0112.2 JARDINE. JEFFREY 62.30 35.62 26.68 12/17/2001 .30. 32.0936.1 JARDINE, MICHAEL 114.64 57.32 57.32 01/02/2002 40.63 - none 31.0516.1 JARRETT. SHARON 59.84 33.16 26.68 01/18/2002 36.52 . none 324960 1 JD MARRS HOMES 52.34 35.61 16.73 12/07/2001 18.77 . 19.1830.2 JENKINS, LEROY 59.84 33.16 26.68 12/19/2001 53.36 - 3.0012.1 JENNI, TERRY 107.96 59.68 48.28 12/18/2001 44.45 . none 21.2830.1 JESSEE, KEVIN 48.73 38.22 10.51 01123/2002 30.00 - none 34.0390.2 JOHNSON. PETER 114.78 59.54 55.24 01/30/2002 71.00 - 21.0096.1 JOHNSON, TIMOTHY 66.33 38.07 28.26 12/2412001 30.00 . none 514290.1 JONES, BRET 333.55 210.82 122.73 12/2612001 112.73 - none 51.3088.4 JONES, DAVID 48.32 32.22 16.10 01/16/2002 841- 50.2354.1 JONES, lARA 57.19 30.51 26.68 01/23/2002 20.14 . nOne 22.1418,1 JONES, MICHEllE 87,75 35.61 39.13 13.01 12/1912001 160.00 . none 35.5029.2 JONES, TRUDY A. 10046 5846 42.00 01/22/2002 4446 - 20.0112.1 JUDY, JEAN 65.97 36.84 29.13 12/18/2001 48.81 - none 32.0522.2 JUHASZ, DON C. 140.07 76.10 57.32 6.65 01/16/2002 100 00 . 201932.1 JUSTICE. PAT 137.39 9539 42.00 01/2212002 61.68 - none 504638.1 KEENE. JAMES 72.51 30.51 42.00 12/18/2001 72.81 - none 21.0028.1 KEENEY, DOLAN 153.64 90.04 63.60 12/06/2001 11241 . none 42.1930.1 KEGAN. ROSE MARIE 80.42 51.88 28.54 12/13/2001 65.00 - none 74.2422.1 KELLEY, KENT 79.75 32.96 4679 12/28/2001 84.09 - none 1.0960.4 KEllEY. LARRY & ALlNE 59.84 33.16 26.68 6.1930.1 KENT JOHNSON 40.24 23.36 16.88 01/02/2002 6048- 21.2728.1 KESLING, SCOTT & MONICA 76.98 44.50 32.48 01/1612002 38.00 - none 19.7164.4 KESSLER, SHELlA 224.38 33.16 26.68 34.48 130.06 42.1176.1 KHAMPHAY,VANASOUK 116.57 46.96 69.61 01/16/2002 59.13 - none 21.3298.3 KIESECKER. DARRIN 111.53 49.42 62.11 01/17/2002 56.61 - 42.2530.1 KllER. KELLY & TAMMY 110.24 64.75 45.49 01/22/2002 50.00 - none 50.0594.1 KINDAll. AARON & MISTIE 68.68 38.17 30.51 01115/2002 38.17. 33.2704.2 KINDAll, DAVID 3646 33.16 3.30 02/04/2002 30.00. 33.434B.1 KINGSTON, CHARLES 107.74 55.74 52.00 01/2312002 36.75 . none 212090.1 KINGSTON. CHRISTIE 205.58 108.05 62,11 35.42 12/2112001 36.65 - none 30024.1 KINNEY. KIMIKO 92.77 40,53 36.79 15.45 01117/2002 50.00 . none 32.1180 1 KLEIN, REINER 57.57 53.40 4.17 11/19/2001 116.63 - nOne 46.0530 1 KNAPP. KEVIN 69.84 33.16 36.68 12/26/2001 54.59 - none 20.1542.1 KNAPP, WilLIAM 202.93 123.15 79.78 12/1 B/2001 60.00 - none 4.2304.1 KOYlE, RUSSEll 47.16 46.96 .20 01/22/2002 40.42 - none 196642.1 KRENZ, ROY 115.84 43.13 36.79 34.19 1.73 02/06/2002 30.00 . none 504642.3 KUGEL. LISA 72.38 38.17 34,21 01/22/2002 50.00. 31,0628.1 KYSAR. ANITA 140.58 64.75 7583 01/18/2002 123.63 - none 50.0676.1 lACASA LAVllLA 406.66 404.14 2.52 02/05/2002 499.75. none 50.0720 1 LACASA LAVlllA 7044 67.52 2.92 02/05/2002 67.52 - none 72.0180.1 LACOMBE, NORMAN & DEANN 119.54 67.43 52.11 01104/2002 52.11 - none 3501443 LAMASTERS,TERRENCE 66.55 33.16 33.39 01/18/2002 30.00. 22.1842.2 LANDOW. BRUCE 5716 55.88 U8 01/23/2002 80.00. 46.05141 lANGE, CHARLES 109.19 6091 48.28 01/1412002 34.81 - none 1.0890.1 LANTZ. STAN 59.99 57.23 2.76 12/19/2001 37.75 - none ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List. council Page: 10 Standard Payment Customers Feb 19,2002 08:40am Curren! Period: 02/28/2002 No Delinquent Minimum AmountDelinquen! Balance Last Pmt Lasl Pml Cust No Name Ba lance Non-Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 51.0726.2 LAPUZZA, WILLIAM & DARLEN 77.50 36.99 40.51 12/26/2001 68.28. 34.0784.1 LARA, RAFAEL 120.22 69.81 50.41 01/22/2002 60.00 - none 42.3000.1 LARAWAY, L. CHRISTOPHER 76.09 46.96 29.13 12/24/2001 30.36 - none 20.0208.2 LARGEVIN, MICHAEL & DARCIE 85.48 49.30 36.18 01/23/2002 50.00. 3.0272.2 LAUFENBERG, JAMES R 64.74 35.61 29.13 01/11/2002 28.81 - 2.4990.2 LAUFENBERG, JIM & TAMMIE 43.34 38.08 5.26 46.0816.1 LEATHAM, JARED 74.54 5463 19.91 01/2212002 50.00. none 355007.3 LEAVITT. VALK 101.97 48.48 53.49 12/07/2001 76.34. 42.2736.1 LENAGHEN, CHRIS 50.97 35.61 15.36 01/22/2002 35.00 - none 20.2056.1 LEND, DOUGLAS 134.93 73.78 61.15 01/03/2002 72.22 . none 32.1438.3 LENZ. ANTHONY 59.84 33.16 26.68 12113/2001 26.68. 50.2428.1 LEONARD, DAMON 48.79 44.45 4.34 02/04/2002 80.00 - none 65.0302.2 LEPPEK, MICHAEL 26.68 26.68 01/30/2002 26.68. 42.2712.3 LESTER, DAVID & JUDITH 217.48 100.59 116.89 12110/2001 410,90. 34.2852.1 LEVELL, SUZANNE 77.50 46.99 30.51 01/24/2002 43.48 . none 31.3382.1 LEVITT. MONTE 97.84 53.39 44.45 01/24/2002 78.22 - none 34.0814.1 LONGWORTH, ERIC 92.80 50.80 42.00 01/22/2002 53.09 . none 35.0140.2 LORD, WENDELL & DOLLY 126.99 84.99 42.00 12117/2001 89.75. 21.3134.1 LOVE, JAMES & ELIZABETH 99.69 52.17 47.52 12/19/2001 15000 - none 33.2706.1 LOVELAND. JEREMY 55.67 33.16 22.51 11/29/2001 100.00 . none 21.0482.2 LOW, KENT & SEASON 64.76 38.08 26.68 21 2636.1 LUCERO, ROBERT & TRACY 71.77 51.43 20.34 01/23/2002 66.79 . none 2.0390.1 LUKE, DANIEL 82.68 44.51 38.17 01/2212002 33.11. none 321320.1 LUKE, SHELLlE M. 94.17 4451 49.66 01104/2002 30.37 - none 2.4790.2 LUTZ, SHAUN & AMBER 68.57 35.61 32.96 01/22/2002 41.03 - 50.1990.1 LYONS, HAZEL 53.36 26.68 26.68 01/10/2002 26.88" none 20.1758.1 LYONS, STEPHEN & LINDA 9955 95.24 4.31 01/28/2002 100.00. none 5.0432.1 MACKINTOSH, MICHAEL 105.74 59.54 46.20 01/02/2002 45.00. none 4.08162 MACOMB, TIM 64.74 35.61 29.13 12/14/2001 63.46 . 2.4760 1 MADER, RICHARD F 92.13 50.80 41.33 12/17/2001 80.00 . none 34.16841 MADINGER, WILLIAM 88.83 50.66 38.17 01/17/2002 40.91 - none 1.3350.1 MADSEN. LOU 56.84 33.16 23.68 01/15/2002 45.00 - none 50.2336.1 MAGNUSON, ERIC 64.85 38.17 26.68 12/19/2001 27.91 . none 501730.1 MAHLER. GALVEN 68.68 34.34 34.34 12128/2001 41.88. none 32.4904.2 MAJORS, LYLE 59.84 33.16 26.68 2.1510.1 MANWARING, MARK 59.84 33.16 26.68 01/03/2002 26.68 - none 742642.1 MANWARING, MARK 98.90 44.45 54.45 12/26/2001 106.40 . none 42.2332.1 MARIN. JOSE 87.91 7734 10.57 01/23/2002 102.00 . none 2.5940 1 MARINEAU, SHIRLEY 67.50 33.16 34.34 12/14/2001 75.66 - none 35.0290.1 MARKAR DESIGN & CONSTRU 59.84 33.16 26.68 12117/2001 34.48 . 33.1850.1 MARSHALL, GARY & BaBETTE 86.39 35.61 5062 16 01/22/2002 38.00 - none 50.2176.1 MARTIN, JASON 101.76 52.00 49.76 02101/2002 140.00 - none 33.4164.1 MARTIN, PAUL 10786 5969 48.17 12/19/2001 61.97 - none 5023002 MARTINEZ, DANA & PRESTON 78.68 42.00 36.68 12/2612001 76.34 " 2.2280.1 MASLEN, JENNY 67.90 35.62 32.28 01/17/2002 25.00. none 50.37042 MATA, FREDIE 105.49 59.66 45.83 01/23/2002 25.43 - 34.1244.1 MATHESON, DAVID 87.74 49.57 38.17 12/11/2001 45.57 - none 51.4040.1 MATLOCK, JAMES 5824 32.36 2588 01/22/2002 25.88 - none 41750.1 MATSON, STUART 59.84 3316 26.68 01/22/2002 26.68 - none 30128.1 MATTHEWS. BRENT & KIMBER 90.80 33.16 3679 20.85 02/1112002 26.68 . none 5048211 MAWS #3. SPRINLKER 3.24 3.24 11/21/2001 42.12. 20.19481 MCARTHUR. RODNEY 97.18 8773 9.45 12/18/2001 125.43 - none 1.2050.1 MCBRIDE,O.8 84.12 32.36 25.88 25.88 03/13/2001 225.87 - none 74.2826.2 MCCASHLAND, DAVID 40.91 36.79 4.12 01/30/2002 40.00. 422072.1 MCCLINTICK, TODD & LEISA 123.14 74.86 48.28 01/22/2002 52.11 - none ... in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account List- council Page 11 Standard Payment Customers Feb 19,2002 08:40am Current Period: 02/28/2002 No Delinquent Minimum AmounlDelinquent Balance last Pmt last Pmt Cust No Name Bala nce Non-Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 2131201 MCCORMICK, ROBERT 170.47 99,21 71.26 12/13/2001 150,57 - none 22.1530.1 MCDONALD. TORY 137,59 103,99 33,60 01/25/2002 30.00 - none 3.0314.2 MCDOUGAL, MIKE 42.46 40,67 1.79 02/12/2002 35,00 - 1.0080,1 MCFADDEN, ClEORA 49.12 44.50 4,62 02/12/2002 20,00 - none 31.3242.1 MCGOWAN, DAVID E. 77.97 48.34 29,63 01/22/2002 40.00 - none 5.0446,1 MCGRATH, MICHAEL 96,63 54.63 42.00 01/03/2002 69.06 - none 21.0062.1 MCKAY, CINDY 61.39 42.05 19.34 12/20/2001 25.00 - none 3.0504.4 MCKINLEY, JUNE 100.60 62.43 38.17 01/17/2002 34.20 " 2.6270.5 MCKINLEY, JUNE 101.20 52.02 49.18 01/10/2002 20.00 - 21.2154.1 MCKINNEY, BRIAN 64.74 35.61 29.13 12/24/2001 29,13 - none 46.0558.2 MCKNIGHT, DANIEL 6n6 36.85 30.51 12/24/2001 105.18 - 20.1712.1 MclENNAN, MICHAEL 82.52 45.73 36.79 12/28/2001 38.16 - none 50.2126.1 MCMAHAN, BRIAN 78.02 48.17 29.85 01/23/2002 35.00 - none 2.3892.1 MCNALLEY, RUSSELL 197.40 125.08 72.32 12/20/2001 27.00 - none 2.4500.1 MCNETT, DARREN 82.68 44.51 38.17 12/24/2001 34.20 - none 4.1386.1 MCQUIRK, lANCE 152.19 101.46 50.73 01/16/2002 50.59 . none 20.1698.1 MEACHAM, MICHAEL L. 85.28 43.28 42.00 01/24/2002 100.56 . none 50 3726.1 MEATTE, NICKlE 67.19 30.51 36.68 12/26/2001 78.40 - none 16.3504.1 MEDALLION HOMES 112.12 6.48 36.68 34.48 34.48 11/08/2001 40,66 - 22,2384.2 MEDALLION HOMES 117.24 90.56 26.68 16.3620.1 MEDALLION HOMES 37.91 26,68 11.23 11/08/2001 52.76 - 50.0326.1 MEEK, JEANNE ANN 76.34 38.17 38.17 12/24/2001 29.14 - none 1.2730.1 MELLEN, ANGELA 108.50 73.52 34.98 01/23/2002 85,00 - none 21.1132.1 MELTON. GARY 93.75 46.96 46.79 01/18/2002 49.09 - none 4.1340.2 MENDEZ, BENJAMIN 88.85 44.51 44.34 12119/2001 75.78 - 35.0408.2 MENDIOLA, GREG & CYNTHIA 68.73 42,05 26.68 12/06/2001 27.91 - 33.2538.1 MENDOZA, GEORGE & ELlZAB 122.09 66.26 55.83 12/19/2001 84.27 - none 68.0126.1 MERCAlDI. GARRY 42.97 40.62 2.35 01/0212002 70.00 - none 35.7998.1 MERIDIAN JOINT SCHOOL DIS 23.36 16.88 6.48 12117/2001 6.48 - 35.7996.1 MERIDIAN JOINT SCHOOL DIS 29.84 16.88 6.48 6.48 20010.1 MERIDIAN SCHOOL DISTRICT 459.92 282.42 177.50 01/18/2002 272.25 - none 52.1090.1 MERIDIAN SPEEDWAY 4,088.95 4.08895 11/08/2001 296.29 - none 51.3780.1 MERRITT, JUDY 55.65 33.16 22.49 02/04/2002 25.00 - none 2.2030.1 MEYER, VIRGINIA 64.00 32,36 31.64 01/18/2002 30.00 - none 50.3848.1 MEYERS, DAN 57.92 44.45 13.47 01/22/2002 50.00 . none 310886.4 MEYERS, DEBORAH 74.74 35.61 39.13 12120/2001 77.55- 42.4034.1 MEYERS, SCOTT 106.77 54.77 52.00 12/26/2001 86.18 - none 19.7124.1 MEYERS, TROY & JIMI 1n83 65,97 51.86 12/12/2001 88.00 - 21.2716.1 MILAM, DEAN 89,11 47.11 42.00 12/17/2001 85.90 - none 50.3876.2 MILlKEN, MICHEllE 53.36 26.68 26.68 12118/2001 71.42 - 1.2690.1 MILLER. DAREN 64.74 35,61 2913 12/18/2001 60.72 - none 74.3696.1 MillER, GREGORY & ERICA 57.28 26.68 30.60 12127/2001 80.00. 19.1675.2 MillER, LESTER 59.84 33.16 26.68 12112/2001 53.36 - 31.0568,2 MillER, NEil 64.90 38,22 26.68 01/16/2002 34.48 - 34.1964.2 MILLER, RICKEY 78.85 40.68 36.17 01/22/2002 35.57 - 46 0406.1 MILLS, TIMOTHY 70.33 40.68 2965 12/24/2001 72.00 - none 321106.2 MilNER, BRIAN 86,58 4562 40.96 01/23/2002 60.00 - 20.1558.1 MOE, DAVID 137.23 85.12 52.11 01108/2002 44.31 - none 33.2744.1 MOFFIT, JENNIFER 5984 33.16 26.68 12/18/2001 53.36 - none 33.4264.3 MOMA. MICHAEL 74.86 51.90 22.96 01/23/2002 49.39 - 421836.3 MONROE, BUD 69.94 61.06 8.88 01/24/2002 40.00 - 213024.1 MONTEE, KEN 104.13 55.85 48.28 01/04/2002 4814 - none 34.1540.1 MONTEFERRANTE. MICHEllE 87.62 43.28 44.34 12/19/2001 60.74 - none 3.08741 MONTGOMERY, PAT 88.66 45.73 42.93 12119/2001 75.00 - none 74.3300.1 MOORE. DONALD L. 68.26 39.13 29.13 01/23/2002 3036 - none ... in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account List. council Page: 12 Standard Payment Customers Feb 19.2002 08:41 am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pml Cust No Name Balance Non.Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 4.1852.1 MORELAND. RC. 59.84 33.16 26.68 01117/2002 32.83 - none 2.1290.3 MORGAN. DANIEL 178.72 108.62 69.90 2.5630.1 MORRISON. DWAYNE 103.06 6106 42.00 01/22/2002 73.45 - none 32.0692.1 MORRISON. MICHAEL & BENICI 96.77 54.77 42.00 12/24/2001 35.57 - none 50.0746.4 MORRISON, MIKE 50.79 26.68 24.11 21.2222.1 MORRISON, ROBERT & CORIN 51.75 35.61 16.14 01/04/2002 60.00 - none 47.0006.1 MORRISON, RUSSELL & DONN 64.74 35.61 29.13 01/08/2002 29.13 - none 74.2666.1 MOSER, CAROLYN ?3e56 36.79 36.79 12/18/2001 114.62. none 2.0526.1 MOSSI, DAVID L 95.40 49.57 45.63 12/18/2001 90.39 - none 65.0384.1 MUCK, JIM 83.63 50.67 32.96 01/23/2002 32.96 - none 74.3216.1 MUIR, GRANT 48.43 36.79 11.64 01/22/2002 80.00 - none 2.6860.1 MYERS, MICHAEL 99.23 53.40 45.83 01/17/2002 44.60 - none 52.0250.2 NAGY, DALC & KATHY 40.24 23.36 16.86 12/17/2001 16.68 - 19.6572.1 NAKAGAWA, KATHY 64.74 35.61 29.13 01/15/2002 29.13 - none 69.2302.1 NEAL, KEVIN & MICHELLE 73.58 36.79 36.79 01/11/2002 31.73 - none 4.1676.2 NEEDS, KATHY 210.62 135.19 75.63 01123/2002 65.00. 50.2150.1 NELSON, RYAN & JILL 72.51 34.34 36.17 12/10/2001 64.71 - none 33.3710.1 NEWKIRK, DAVID 90.34 52.17 36.17 12/31/2001 39.40 - none 1.3200.1 NEWKIRK, MARYANN 69.84 33.16 36.66 12/20/2001 65.82 - none 2.1390.1 NEWTON, WALLACE 59.84 33.16 26.68 12/18/2001 45.69 - none 74.0664.1 NIELSON, STEVE 53.36 26.68 26.66 01/17/2002 26.68 - none 50.3820.2 NOBLE. JOHN 7634 38.17 38.17 12/19/2001 34.46 - 21.0498.1 NOLAND, SHAWN 64.36 38.22 26.14 01/17/2002 29.68 . none 32.1758.1 NORRIS. GlENA 80.22 38.22 42.00 0110612002 46.36 - none 32.1260.2 OCHOA, RAMON 38.87 35.62 3.25 20.1396.1 OGLESBEE, DAVID & MARITA 11812 62.29 55.83 12/19/2001 91.10. none 7431502 OLSON, RICHARD & CINDIE 174.43 86.47 aH6 01/23/2002 49.51. 20.2020 2 OPAL BLUME TRUST 124.53 63.38 6U5 12/18/2001 14798 - 32.1460.1 OSBURN. JODY 6229 5463 7.66 01/17/2002 42.00 - none 74.2436.1 OSMAN, KATHLEEN 84.91 36.68 26.68 21.55 11/1512001 35.00 - none 50.1918.1 OSTERHOUT, JUSTIN 60.48 32.96 27.52 01/22/2002 40.00 . none 13.2094.2 OVERY, ROBBY 155.09 39.45 34.34 41.72 39.58 01/22/2002 54.34 - 50.3698.1 OWEN. KEVIN 64.50 34.34 30.16 01/25/2002 36.00. none 74.3286.1 OWENS, GLENN & VICKIE 75D4 44.45 30.59 01/22/2002 75.00 - none 32.0818.1 OWSLEY, LINDA LOU 53.54 47.11 6.43 01/29/2002 31.74 - none 33.2320.2 OZUNA. MARIO 174.96 34.39 26.68 53.91 59.98 01/17/2002 50.00 - 22.0454.1 P JANSSON, JANIE 128.08 65.97 62.11 01/22/2002 63.34 - none 31.3284.2 PACE, ALAN 41.79 35.62 6.17 12/18/2001 64.37. 19.0576.1 PACIFIC DESIGN 65.12 46.96 11.68 6.48 2.1280.1 PACK. TRACY 63.30 37.42 25.88 12/19/2001 29.71 - none 65.3148.1 PAFFUMI. ANGIE 82.39 48.28 34.11 12/19/2001 120.00 - none 212230.1 PAGE, LINDA 64.74 35.61 29.13 01/22/2002 29.13 - none 50.4614.2 PAISANO ITALLlAN RESTURAN 525.93 307.01 218.92 12/19/2001 489.26 - 31 3280.1 PALMER, PAT 145.63 73.78 61.15 10.70 02/11/2002 100.00 - none 212114.2 PALMER, PAT 40.61 35.61 5.00 10/24/2001 150.00 - 32.0638.2 PALMER, PAT 95.94 54.63 41.31 01/09/2002 39.00. 15.0043.2 PALMER, TROY 7379 73.52 27 01/23/2002 100.14 - 74.3320.1 PARKINSON, VIDA 55.96 26.68 26.68 2.60 01/15/2002 26.68 - none 74.3044.1 PARRISH, STEVE 96.56 52.11 44.45 01/18/2002 40.03 . none 2001021 PARTON. ROSS 87.58 46.96 40.62 01/03/2002 58 93 . none 3213921 PATTEN. JASON 111.06 82.25 2881 02/01/2002 40.00 . none 2.2490.2 PATTERSON, DEENA L 3638 36.38 05/17/2001 52.76. 51 0318.3 PAULIN, BEN 5152 33.16 18.36 01/22/2002 35.00. 2.5550.1 PECK, JERALD 7644 66.32 10.12 02/13/2002 53.36 - none 51 07463 PERKINS, CHARLES 145.73 33.16 26.68 26.68 59.21 09/06/2001 33 76 - ... in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Feb 19.2002 08:41 am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance last Pmt last Pmt Cust No Name Balance Non-Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 4.1326.2 PERRY, JARED & MICHEllE 70.26 38.22 30.51 1.53 12/05/2001 61.67 - 65.3146.1 PERRY, RONALD 39.54 38.17 1.37 01/29/2002 29.14 - none 21.3160.1 PETERSEN. DOUGLAS & JENNI 107.70 53.25 54.45 12/19/2001 45.40 - none 22.1430.2 PETERSON. ERIC 141.92 77.32 64.60 01/22/2002 60.00. 2.0960.1 PETERSON, JOHN 62.30 35.62 26.68 12/24/2001 32.83 - none 35.0101.2 PETRAIN. JAMES 71.33 33.16 38.17 12/24/2001 95.07 - 15.0024.2 PETTIER, SEAN 129.61 129.61 05/01/2001 40.25 - 46.0874.1 PETTINGill, C BLAINE 48.93 39.44 9.49 01/17/2002 50.00 - none 31.3354.1 PETTINGill, JERI & lEWIS 159.09 26.68 26.68 41.60 64.13 09/26/2001 68.79 - none 42.3006.1 PHilLIPS. DANA 61.87 35.61 26.26 01/22/2002 32.00 - none 32.1636.1 PHilLIPS. ERNEST 59.84 33.16 26.68 12/31/2001 63 76 - none 34.1560.1 PHilP, HAROLD 87.62 43.28 44.34 12/19/2001 217.51 - none 74.4103.1 PIC 424.44 14.58 409.86 11/13/2001 218.70 - 74.4101.1 PIC 24.30 9.72 14.58 11/13/2001 92.34. 42.0348.1 PIPAl, RANDAll & JULIE 73.63 44.50 29.13 12/14/2001 119.76 - none 1.0316.1 PIPCO llC 313.84 62.89 250.95 08/01/2001 106.04 . 32.0900.1 PITMAN, DOUGLAS 176.73 33.16 26.68 52.28 64.61 10/12/2001 120.86 . none 19.6644.1 PLACE. WilLIAM 74.74 35.61 39.13 01/22/2002 39.13 - none 32.1420.1 PLASTER, KURTIS & ELlZABET 57.23 52.17 5,06 01/08/2002 76.34 - none 21.1942.1 POOL. JAMES H. 166.38 35.61 39.13 35.28 58.36 01/15/2002 25.00 - none 34.3262.2 PORTLOCK. JEFFREY 59.84 33.16 26.68 12/31/2001 26.68 - 50.2402.1 POWEll, RANDY 106.98 57.32 49.66 01/30/2002 50,89 - none 35.0398.2 POWERS, PAXTON 57.74 53.40 4.34 01/18/2002 41.49. 31.1010.1 PRADO, RIGOBERTO 48.66 38.07 10.59 01129/2002 32.96 . none 13.4020.3 PREUIT, MARYE 80.08 49.57 30.51 01102/2002 41.86. 31.0798.1 PRICE, JOHN W. 96.25 55.74 40.51 01/23/2002 31 74 . none 51.3102.2 PRICE, REBECCA 64.39 36.05 28.34 01/22/2002 32.31 - 1.3490.3 PRIEST, DONNA 104.29 54.63 49.66 01/22/2002 40.63 - 31.0060.2 PRINCE, JACOB 50,27 23.99 2628 12/19/2001 90.53 - 74.3418.2 PRINDLE. SHELLY 56.79 32.96 23.83 01/10/2002 38.00 . 48.4101.1 PROPERTIES WEST 596.16 596.16 21.2068.1 PUGMIRE, JEFFRY & PAMELA 133.42 79.93 53.49 01/17/2002 49.52 - none 74.3066.1 PUGSLEY, TAMARA 150.18 71.26 78.92 01102/2002 64.57 . none 34.1172.1 QUARNBERG, CARL & DOROT 127.13 69.81 57.32 01/23/2002 52.12. none 50.1636.2 RACHEL'S PLACE 64.26 32.13 32.13 12/24/2001 32.13. 13.4038.1 RADY CONSTRUCTION 125.08 6.48 36.68 34.48 47.44 52.1006.1 RAFANELL1 & NAHAS 143.68 62.24 58.03 23.41 02/04/2002 58.03 - none 7.2000.2 RALPHS. PAUL 95.70 50.79 44.45 .46 01/2212002 50.00 - 2,5670.1 RANSOM, JAMES R. 108.68 62.17 46.51 01/24/2002 5000 - none 21.3088.2 RASMUSSEN. CLINTON 67.20 38.07 29.13 01/10/2002 48.28. 50.2390.2 REED, LORETTA 141.45 72.64 68.81 01/22/2002 66.21. 2.5600.1 REEDER, SHAWN & WENDY 5500 44.51 10.49 01/08/2002 65.00 - none 34.0960.1 REiNS. WEBB & SHARON 130.96 69.81 61.15 01/02/2002 52.26 - none 4.0542.2 RES, SHAWN 110.19 69.80 40.39 01/23/2002 47,00. 21.2918.1 REYES, DAVID & KAREN 109.07 54.62 54.45 12/19/2001 112,15 . none 42.2620.1 REYNOLDS, PATRICK T 68.57 39.44 29.13 12/20/2001 69,37 - none 20.1394.2 REZENDES, TROY 148.68 73.49 75.09 10 01/17/2002 6350. 33.4578.1 RHINEHART, DOUG & MARY 73.32 54.62 18.70 01/11/2002 75 00 . none 32.1694.1 RICE. E. DONALD 5387 45.74 8.13 01/22/2002 70.00 . none 33.2336.1 RICHARDSON, JAMES 5860 57.23 1.37 01/28/2002 44 46 - none 51.3154.5 RICKORDS. SHANNON 185.96 146.83 39.13 12126/2001 86,16 - 14.5002.3 RIDGEWAY. DALE 105.66 59.83 4583 01/15/2002 3940. 34.1894,2 RIDGEWAY. STEPHAN 107.98 62.15 45.83 12/26/2001 9110 - 4.2038.1 RIESKE. LARRY 5465 35.61 19.04 12/14/2001 100.00. none 1.2770.1 RIGENHAGEN. HAROLD E 80.22 42,05 38.17 12/13/2001 61.97 - none ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 14 Standard Payment Customers Feb 19,2002 06:41am Current Period: 02/26/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non.Delinq 12/31/2001 11/30/2001 10/31/2001 Dale Amount Msg 42.1644.1 RIVERA, REGENA 108.40 72.26 36.12 01/23/2002 35.00 - none 51.3300.1 ROBERTS, DAVID 53.21 33.16 20.05 01/22/2002 47.00 - none 21.3080.1 ROBERTS, JAY 382.26 33.16 26.68 117.70 204.72 01/10/2002 26.68 - none 5.0164.1 ROBINSON. CAL & COLLEEN 76.09 46.96 29.13 01/08/2002 42.80 - none 50.4534.1 ROCKE, SEAN 34.12 26.68 7.44 12/24/2001 77.66 . none 74.3156.3 ROE. ASHLE 87.41 29.13 56.28 12/26/2001 73.87 - 32.0834.2 ROHAN, JERRY 36.56 35.61 .95 50.0156.1 RON SMITH CONSTRUCTION 72.38 26.68 26.68 19.02 11/30/2001 70.00 - 21 .2006.1 ROSE. MARK & TAMARA 83.49 53.40 30.09 01/22/2002 40.00 - none 4.1694.3 ROSSI. SHANNON 87.74 53.40 34.34 12/18/2001 35.71 - 74.0418.1 ROWELL. LEE 62.24 61.15 1.09 02/13/2002 68.81 - none 32.1266.2 RUDYI.IVAN 122.93 88.59 34.34 12/17/2001 29.14. 22.2146.2 RUEPPEL, RONALD 96.54 50.79 45.75 12/19/2001 85.00. 21.0112.2 RUMMLER, MATHEW 73.63 44.50 29.13 01/09/2002 29.14 - 69.1076.1 RUPERT, DAVID & LAURIE 106.85 59.77 47.08 12/20/2001 75DO - none 4.2110.2 RUSSELL. ROGER 61.99 81.99 08/07/2001 45.15 - 2.3180.1 RYAN. WALTER 61.09 33.16 27.93 01/16/2002 85.00 - none 74.3432.2 SAGER, LEE & NADEAN 254.31 141.58 107.11 5.62 01/22/2002 4211. 20.1282.3 SAHAGUN. GUILLERMO OR VE 71.82 40.67 31.15 12/24/2001 40.00. 20.2042.1 SANCHEZ.DANEEN 41.89 38.06 3.83 01/30/2002 31.58 - none 69.0776.1 SANDMEYER, ERIC & DAWN 68.26 58.26 1000 12/27/2001 122.94 - none 74.3244.1 SARGENT, RICHARD & TERES 84.60 40.62 43.98 01/09/2002 50.00 - none 33.2324.2 SAUNDERS, KELLEY 78.73 38.22 40.51 12/19/2001 54.59 - 16.3634.1 SAWTOOTH HOMES INC 39.64 33.16 6.48 01/08/2002 6.48. 16.3502.1 SAWTOOTH HOMES INC 39.64 33.16 6.48 01/08/2002 6.48. 16.3302.1 SAWTOOTH HOMES INC 81.63 64.75 16.88 01/08/2002 648. 2.5680.1 SAXTON,CORY 87.86 49.71 38.17 12/12/2001 7989 . none 22.1386.1 SCHAEFFER, MICHAEL 100.21 59.68 40.53 01/02/2002 95.00 - none 74.0382.2 SCHILDHAUER, YOULANDA 77.34 36.79 40.55 01/23/2002 4700 - 32.1642.1 SCHMIT, JAMES 86.39 42.05 44.34 12/19/2001 66.22 - none 21.1870.1 SCHOPPELREY. DOUGLAS & C 64.74 59.68 5.06 02/13/2002 48.28 - none 3.0042.1 SCHWEND. LUVMINDA 70.31 53.40 16.91 01/24/2002 80.00 . none 22.1636.4 SCOTT, CHUCK & TIFFANY 64]4 35.61 29.13 02/05/2002 37.52. 4.2294.3 SCOTT, STEVEN & LORI 107.96 67.34 40.62 01/22/2002 39.39. 32.1346.1 SEBYAKIN, ANTHONY A 59.84 33.16 26.68 12/07/2001 63.76 - none 3.0677. 1 SECO ASSOCIATES INC 9.72 4.86 4.86 10/10/2001 972 - none 69.2262.1 SEDILLO, JOE 413.78 61.15 57.32 274.24 21.07 01/16/2002 100.00 . none 50.0500.2 SEGAll, JEFFERY 57.19 30.51 26.68 01/08/2002 27.91. 2.2360.2 SEINKNECHT, DAVID 59.84 33.16 26.68 12/18/2001 26.68 - 43.0152.2 SESEK,KAREN 65.04 35.61 29.13 .30 12/12/2001 3693. 34.2784.1 SEVER, JASON W 91.45 43.28 48.17 12/20/2001 77.45. none 50.0306.1 SEXTON. CLIFFORD 53.36 26.68 26.68 12/28/2001 26 68 . none 13.8458.1 SHADOW MTN CONSTRUCTIO 82.82 33.16 49.66 01117/2002 6.48. 42.2278.1 SHAFFER, CINDY 61.19 40.67 20.52 11/27/2001 160.00 - none 50.2420.2 SHAW, ROBERT 110.39 62.11 48.28 01/23/2002 51.39. 20.1910.1 SHEA. JOE & SUZANNE 85.12 52.16 3296 12/26/2001 36.79 - none 74.0322.2 SHELDON. PAM 76.67 36.68 3999 01/24/2002 2400 - 42.3006.1 SHELLY. STEVEN 64.74 35.61 29.13 12/18/2001 2913 - none 42.2526.1 SHELTROWN, ROGER 129.19 78.57 50.62 01/23/2002 40.62 - none 74.3960.1 SHERARD. BILL 82.92 44.45 38.47 01/22/2002 3500 - none 69.0550.2 SHIPLEY, MICHAEL & CARRIE 61.02 34.34 26.68 01104/2002 35.71. 500292.1 SHOEMAKER, T AMI 67.21 49.66 3755 01/28/2002 6000 . none 190776,1 SHUR.LUCK HOMES 46.12 33.16 6.48 6.48 3.0292.1 SHURTZ, ROD 151.88 103.85 48.03 02/05/2002 5000 - none 74.3096.1 SIGMOND. SERGIO 97.24 48.28 48.96 12/31/2001 45.00 - none n. in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List. council Page: 15 Standard Payment Customers Feb 19,2002 08:41am Current Period: 02/28/2002 No Delinquent Minimum Amountoelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non.Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 2.2500.1 SILVA, JOSEPH 140.05 139.28 .77 02/14/2002 114.00 - none 4.1632.1 SIMMONS. JOHN & JANA 87.58 50.79 36.79 01/16/2002 47.86 - none 1.2250.2 SIMON, BRADY 137.75 95.11 42.64 02/01/2002 40.00- 22.1504.1 SIMPSON, RANDY 85.60 53.39 32.21 01/14/2002 40.00 . none 21 .2836.2 SINGLETON, RODNEY 137.28 77.19 60.09 01/23/2002 60.00. 21.2950.3 SITES, DAVID 152.27 88.67 63.60 12/11/2001 95.10 - 34.0826.4 SITZLER, RON 77.40 36.99 40.41 1.1/28/2001 200.00 - 3.0038.1 SKOGERSON,THOMAS 64.74 35.61 29.13 01/08/2002 42.94 . none 2.1200.1 SMART, B & K STEWART 86.03 46.97 39.06 01/22/2002 50.00 - none 31.0134.1 SMITH. BRADLEY 83.81 43.16 40.65 01/23/2002 44.60 - none 21.3010.1 SMITH, BRYAN 106.88 76.24 30.64 01/15/2002 42.00 . none 72. 0278.1 SMITH, LAURI 65.92 36.79 29.13 12/13/2001 31.73. none 2.1700.2 SMITH, LEON & JANICE 108.93 59.69 49.24 01/03/2002 55.00. 50.0012.1 SMITH, PAUL H. 125.05 34.34 90.71 01/15/2002 30.00 - none 22.1212.1 SMITH, PHILLIP E. 68.57 35.61 32.96 01/14/2002 29.13 - none 42.0444.1 SMITH, RANDALL LEE 64.74 35.61 29.13 12/18/2001 29.13. none 51.3090.3 SOL TAU, CYRIL 53.47 32.22 21.25 01/25/2002 39.00- 33.2646.1 SONDERMAN, MARTIN 229.45 145.32 84.13 01/22/2002 44.18 - none 21.3164.1 SOWER, MICHAEL 76.43 45.73 30.70 01/22/2002 45.00 - none 22.2342.2 SPANHAUER, TODD & LISA 78.73 42.05 36.68 12/19/2001 75.66 - 33.3752.1 SPATH, SIDNEY 115.36 57.08 58.28 12/19/2001 108.86 - none 2.3430.1 SPEARS, BRYCE J. 122.85 46.97 49.66 26.22 01/08/2002 65.00 - none 74.3346.1 SPELL, MAYNARD 81.24 36.79 44.45 12/18/2001 69.61 . none 31.0874.1 SPELLMAN. EDWARD E 87.74 49.57 38.17 01/22/2002 39.40. none 21.0248.1 SPENCER, JAN 59.17 33.16 26.01 12/28/2001 27.00 - none 202999.1 SPRINKLER - BRENDA ESTATE 143.12 143.12 32.1416.2 S1. CLAIRE, TIMOTHY & LISA 42.47 42.05 .42 01/22/2002 26.26 - 56.0004.1 ST. LUKES REGIONAL MEDICA 8.082.18 2,758.98 2,832.41 2,490.79 02106/2002 2.83241 - none 3.0844.1 STAMMERJOHN, JIMMY 82.40 39.44 42.96 12/19/2001 50.54 - none 2.4520.2 STEBBINS, JODIE 101.98 58.46 43.52 01/23/2002 50.00. 19.0274.2 STEINER, LOUIS 86.23 39.44 46.79 12/20/2001 251.75 - 42.0300.1 STEINKE, DONALD & DEBBIE 114.55 64.89 49.66 12/13/2001 148.13 - none 50.2182.1 STERLING, TARA 87.83 42.00 45.83 12/13/2001 44.46 - none 31.04961 STERTZ, SUSAN 82.68 44.51 38.17 01/08/2002 33.11 - none 74.0048.4 STEWART, ROBERT 67.59 26.68 40.91 31 .0878.2 STRICKLIN, PHILIP 50.47 36.99 13.48 01/17/2002 50.00. 691558.1 SUPNET. THOMAS 146.35 82.75 63.60 12/24/2001 64.97 - none 22.0332.2 SWARTOUT. MICHELLE 199.42 154.97 44.45 12/11/2001 86.16 - 46.0628.1 SWARTZ, GUY 80.06 39.44 40.62 12/18/2001 32.82 . none 74.3676.2 SWEARINGEN. DAVID & TAMM 88.46 49.66 3880 01/17/2002 40.00. 32.1896.1 SWEET, DAN & CELESTE 83.89 51.26 32.20 43 01/16/2002 33.00 . none 33.2334.1 SZURGOT, DOUGLAS 34.52 33.16 136 01/08/2002 52.00 - none 69.1278.1 TC MILLER 102.73 52.11 50.62 12/26/2001 108.46 . none 2.3370.2 TALBOTT, BYRON 65.99 39.31 26.68 2 4960.1 TATMAN, CHRISTY 126.36 62.14 52.11 12.11 01/15/2002 50.00 - none 742698.2 TAYLOR, DARRELL 53.36 26.68 26.68 12/26/2001 53.36. 30418.1 TEAGUE, RON & JANET 28.10 28.10 11/15/2001 2791 - none 50 1020.1 TECOINVESTMENTS 53.14 26.68 26.46 01/22/2002 26.00 . none 33.0056.1 TEL.CAR INC. 770.68 189.74 106.05 109.88 365.01 10/24/2001 322.22 - none 50.2226.1 TETZ. MELISSA 57.19 30.51 26.68 12/20/2001 29.14 - none 50.1330.1 THE APOSTOLIC BIBLE CHURC 4.90 2.45 2.45 01/1712002 2.45 - none 54.00181 THE PLAYGROUND 176.64 107.76 68.88 01/02/2002 225.40 - none 54.0016.1 THE PLAYGROUND 483.23 362.94 12029 01/02/2002 184.92 - none 54.0014.1 THE PLAYGROUND 264.92 158.05 10687 01/02/2002 224.00 - none 540012.1 THE PLAYGROUND 597.56 392.80 204 76 01/02/2002 481.72 - none ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 16 Standard Payment Customers Feb 19,2002 08:42am Current Period: 02/26/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 32.1396.1 THEOBALD. REECE 963.80 536.60 425.00 01/14/2002 112.91 . none 32.1654.1 THIELE. STEPHEN 130.11 71.04 59.07 01/22/2002 55.00 - none 42.2470.2 THOMPSON. BRENT 64.24 40.82 23.42 01/22/2002 64.98 - 32.1558.3 THOMPSON, GARY 38.94 38.22 .72 12/28/2001 35.00 - L1950.1 THORNE, TORY 348.59 151.59 195.77 1.23 01/22/2002 126.39 - none 1.1940.1 THORNE, TORY L 245.20 91.55 148.73 4.92 01/22/2002 79.21 - none 42.2544,2 TINTSMAN,TODD 264.87 157.76 107.11 12/31/2001 42.95. 2.4800,1 TODD. JUDY L. 64.56 35.61 28,95 02/04/2002 75.00 - none 2.2200.3 TODD. RICK 69.84 43.16 26.68 01/23/2002 27,91 - 40.0250.1 TOMICH, LONNY 80.19 45.88 34.31 01/22/2002 33.00 - none 2.3510.1 TRAVIS. HANSEN 62,30 52.60 9.70 02/01/2002 31.50 - none 1,0760,1 TREAT, MYRON 155,90 120.02 35.88 12/21/2001 51.76. none 50.3812.1 TREGELLAS, MARK 39,54 36.17 1.37 02/08/2002 36.80 - none 31,3500.1 TREPAGNIER. SCOTT 73,63 44.50 29.13 12/17/2001 32.82 - none 33.2592,1 TROSPER, CLIFF 69,44 39.45 29.99 01/10/2002 33.00 - none 74.2488.2 TRUITT, CHARLES & VIRGINIA 57.19 26.68 30,51 12/28/2001 26.68. 50.3824.1 TURNBOUGH, JAKE 64.85 34.34 30.51 01/03/2002 29.28 . none 25.4524.1 TUSCANY HOMES 46.12 33.16 6.48 6.48 25.4052.1 TUSCANY HOMES 55.24 33.16 22.08 01104/2002 17.56 - 25.4050.1 TUSCANY HOMES 93,87 43.16 26.68 17.55 6.48 25.4528.1 TUSCANY HOMES 46.12 33.16 6.48 6.48 25.4042.1 TUSCANY HOMES INC 46.12 33.16 6.48 6.48 25.4010,1 TUSCANY HOMES INC. 46.12 33,16 6.48 6.48 25.4068.1 TUSCANY HOMES INC. 46.12 33,16 6,48 6.48 21,1174.1 TWADDLE. DAVID 109,19 60,91 48.28 01/22/2002 48.00 . none 34.2104.1 TYLER. HEIDI 100.46 54.63 45.83 01/22/2002 57.55 . none 2.6640,1 UGARRIZJI., JOHN 40.85 40.82 .03 01/17/2002 44.31 . none 50.4522.1 UGARRIZJI., SHELBY 61.95 29.13 29.13 3.69 01/10/2002 29.13 . none 52.0376,1 UNITED HERITAGE INSURANC 167.77 146,11 21.66 01/22/2002 98.29 - 74.2876.1 USSERY, TRACY 121.88 52,11 69.77 01/22/2002 61.00 - none 51.2996.1 VALLA. CAROLYN 89.31 89.31 07/11/2000 24.08 - none 20.3221.1 VALLI BUILDERS 69.80 36.84 32.96 12/13/2001 30.36 - 20.3218.1 VALLI BUILDERS 59,84 33.16 26.66 12/18/2001 26.68 - 20.3042.1 VALLI BUILDERS 59,64 33.16 26.68 12/13/2001 26.68 - 20.3208.1 VALLI BUILDERS 59.84 33,16 26,68 12/13/2001 26.68 - 42.2106.2 VANLEUVEN. BRENDA 76.23 43.27 32.96 12/07/2001 137.82 . 31.2304.4 VARIN, ANDREW 67.50 40.82 26.68 01102/2002 36.94 - 23,3994,2 VAUGHAN. KEVIN 59.84 33.16 26.68 12/28/2001 34.48 - 33.2578.1 VERKUYLEN, AD 76.13 39.45 36.68 12/19/2001 70.74 - none 2.0466.1 VICK. WILLIAM & KELLY 95.40 53.40 42,00 01/22/2002 48.15 - none 2.1860.3 VICTORY, CHRISTOPHER 87.46 46.84 40.62 01/25/2002 93.67 - 6.1991.1 VIENNA WOODS HOA - SPRINK 51.30 16.20 28.62 6.48 12/19/2001 12.63. 5.0696.1 VIGIL, THOMAS 463.28 463.28 11103/2000 88.34 - none 19.0352.2 VILLARREAL, VERONICA 74,74 3561 39.13 12/20/2001 58.23 - 21.0080.1 VINCENT. SPARKY 75.02 35.61 39.13 .28 02/15/2002 35.00 - none 2.4550,1 VINCENT. TOMMY 81.77 44.51 37.26 12/19/2001 100.00 . none 7.1052.1 VINEYARD, JAMES 112.16 112.76 07/18/2001 67.52 - none 42.0324.1 VIVES, MARK 101.59 49,56 36.79 15.24 01/22/2002 26.00 . none 51.3094.2 VNUK. JOHN 116.38 61.23 55.15 01/24/2002 40.92. 21,0124.1 WAGNON. DERICK 59.84 3316 26.68 01/09/2002 26.68 - none 31.3464.2 WALBORN, KRIS & CARR, TER 80.22 45.88 34.34 12/18/2001 39.40 - 35.3052.1 WALKER HOMES INC. 19.44 12.96 6.48 1.2310.2 WALKER, BETTE 114.15 62.14 52.01 01/23/2002 60.00 - 31.0608.1 WALKER, MICHAEL 10812 62.29 4583 01/22/2002 39.40 . none 34.19481 WALKER, ROBIN 69.84 3316 36.68 12/24/2001 8769 - none ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 17 Standard Payment Customers Feb 19.2002 08:42am Current Period: 02/2812002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cus! No Name Balance Non-DeJinq 12/31/2001 11/3012001 10131/2001 Date Amount Msg 32,1306.2 WALSH, DAVID & CARA 78.69 41.90 36.79 01122/2002 32.10 - 1.3340.1 WALSH, RON 136.52 136.52 01116/2002 29.17 - ."none 50.0074.1 WARD. TYLER & VOANNA 61.04 38.17 22.87 0111612002 80.00 - none 22.1156.4 WARE. JAIMEE 92.80 54,63 38.17 01/2212002 42.81 - 22.1594.1 WASDEN, NICHOLAS 102.42 50.79 51.63 01/0812002 66.00 - none 32.0440.1 WATSON. BRAD 82.68 48.34 34.34 12120/2001 34.34 - none 31.3388.1 WATSON, COREY S 81.45 47.11 34.34 01122/2002 24.83 - none 74.3052,1 WATSON, JASON 89.44 44.45 44.99 01129/2002 90.00 - none 31.2230.1 WATTERS. TAMI 105.72 62.28 43.44 01/22/2002 40.00 - none 20.0476,1 WAYNE & SANDY HOOVER 46.12 33.16 6.48 6.48 69.1104.2 WEATHERSPOON. ERNEST 29.40 29,13 .27 01128/2002 32.69 - 33.4266.1 WEEK. NORMAN 107.98 62.15 45.83 01/2212002 48.57 - none 1.3470.1 WEIBYE, BYRON & JANICE 69.72 44.51 45.21 12117/2001 50,00 - none 22.1238.1 WEISS. DAVID M. 111.10 6214 48.96 01/1512002 65.00 - none 22.1466.1 WELCH. RODNEY 100.30 55.85 44.45 12/07/2001 100.64 - none 5.0392.1 WELLMAN, LORIN 47.26 46,96 .30 01/11/2002 125.08 . none 50.1904.2 WELLS, GILBERT 65.92 36,79 29.13 12/21/2001 59.49 - 51.1156.1 WES WORCESTER 40.24 23.36 16.88 01/14/2002 16.68 - 51.1166.1 WES WORCESTER 40.24 23.36 16.88 01/1412002 16.88 - 51.1146,1 WES WORCESTER 40.24 23.36 16.68 0111412002 16.88. 51.1170,1 WES WORCESTER 40.24 23.36 16,88 01/14/2002 16.86 - 51.1172.1 WES WORCESTER 84.24 45.36 36,88 01/1412002 38.86. 51.1174.1 WES WORCESTER 40.24 23.36 16.88 01/1412002 16.86 - 51.11681 WES WORCESTER 77.52 26.88 1688 16.86 16.88 10/22/2001 33,76. 51,1144.1 WES WORCESTER 40.24 23.36 16.88 01/1412002 16.86 - 51.1142.1 WES WORCESTER 40.24 23.36 16,86 01/1412002 16.86. 51.1140.1 WES WORCESTER 40.24 23,36 16.86 01/14/2002 16.86 - 51,1138,1 WES WORCESTER 40.24 23,36 16.86 01/14/2002 16.88 - 51.1136.1 WES WORCESTER 40.24 2336 16.86 01114/2002 16.88 - 51.1134.1 WES WORCESTER 47.98 10.00 4.22 16.86 16.68 12104/2000 12.96 - 1.1110.2 WEST, JONI 67.77 6120 657 02104/2002 35.43 - 37.3384.1 WESTROCK HOMES 15.56 9.08 6.48 69,0698.2 WHEELER, MARK 111.86 78.92 32.96 12/19/2001 38.16 - 32.1404.1 WHITE, ALAN & SHARON 137.39 92.53 44,86 01125/2002 52,00 - none 22.1256.1 WHITE, JAMES & LORI 119.35 63.52 55.83 12/19/2001 115.03 -none 42.2708.2 WHITE, ROBERT 37.00 36.99 .01 01/17/2002 30.50 - 4.0922.1 WHITING, BRENT & LYNETTE 99.07 58.45 40.62 01/22/2002 44.17 - none 33.3588.1 WHITNEY. PAUL 68.73 34.39 34.34 01/02/2002 29.14 - none 5.0792.1 WICK, DON 151.06 65.97 65.09 1211912001 137.43 -none 15.0522.2 WILCOX, WILLIAM & BRANDI 36.95 35.61 1.34 01/22/2002 2913 - 52.0262.1 WILD SHAMROCK LLP 647.22 365.85 281.37 1211712001 615.07 - none 69.1304.1 WILDE, KENNETH 121.88 73.60 48.28 01/23/2002 52.17 -none 32.0618.2 WILKERSON, JASON 98.00 48.34 49.66 01/2212002 38.17 - 15.0053.1 WILKINSON, JARED 38.10 38.07 .03 0112912002 32.93. 31.3566.1 WILLIAMS, EUGENE & JENIFER 64.61 42.05 22.56 01/0212002 33.48 . none 32.1080,2 WILLIAMS, SHAWN & MARY JO 101.53 53.25 4828 12/2812001 44,31 - 74.0356.1 WILSON. DEANA 84.72 44.45 4027 01/0912002 50.00 - none 50.23945 WINSKY. DAVID 53.36 26.68 26.68 33.2358.2 WOLIN, DALE & LO!S 503.28 64.89 45.83 152.70 239.86 01/18/2002 45,83 - 69,0778,1 WOOD. BRADLEY 58.26 29,13 29.13 12/2712001 29.13 - none 13,2072,1 WOODHOUSE, PETER 88.69 41.90 46,79 12/1912001 89.93 - none 74.3308.1 WOODLAND, WAIDE T 81.24 4062 40.62 12/31/2001 51.16 - none 31,3344.1 WOODRUFF, NOEL R 114.42 74.59 39.83 01/23/2002 50.00 - none 197176,1 WOODS, DAVID 111.79 59.68 52,11 12/14/2001 97.79 -none 34.1506.2 WOODWARD. ROBERT 74.90 34,39 40,51 12/19/2001 56.28 - ... in Msg column indicates no NoHee is to be sent CITY OF MERIDIAN Delinquent Account List- council Page 18 Standard Payment Customers Feb 19,2002 08:42am Current Period: 02/28/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Lasl Pmt Cust No Name Balance Non.Delinq 12/31/2001 11/30/2001 10/31/2001 Date Amount Msg 22.15181 WOOSLEY, JAMES 7537 64.74 10.63 02/15/2002 40.00 - none 2.2960.1 WRIGHT, FRANCIS 84.48 47.54 36.94 01/18/2002 30.00 - none 32.1632.1 WRIGHT, MICHAEL & SUSAN 87.74 49.57 36.17 01/17/2002 35.57 - none 74.3814.3 WUEBBENHORST, JED 29.63 29.13 .50 02/01/2002 39.00 - 4.1254.2 WURT, JENNIFER 102.31 64.74 37.57 01/22/2002 65.00. 50.2426.1 WYATT, SAMUAL 87.53 53.49 30.51 3.53 10/29/2001 62.13 - none 2.0680.1 YOUNG, AUSTIN L 94.75 51.09 43.66 01/07/2002 39.69 - none 31.3248.2 YOUNG, REBECCA 77.50 40.82 36.68 01/22/2002 48.17. 42.2742,1 YOUNG. THOMAS 100.30 59.68 40.62 12/18/2001 104.22 - none 51.3110.2 ZEIMER, DALLENE 73.78 30.99 36.00 6.79 02/04/2002 30.00 - 20.1508.1 ZELLER, COR I 116.85 68.57 48.28 01/23/2002 46.91 - none 31 .2200.1 ZELLER, STEVEN 116.89 61.06 55.83 12/19/2001 88.64 - none 46.0446.1 ZIMMERMAN, WILLIAM 43.44 43.14 .30 02/06/2002 34.34 - none 13.0022.2 ZUMHOFF. BENJAMIN 44.82 44.51 .31 01/16/2002 36.64 - Grand Totals: 111,574.55 54.881.79 38,880.89 7,747.64 10.064.23 Report Criteria: Terminated customers not included Customer.Cust No " {<}9900000 ... in Msg column indiC<ltes no Notice is to be sent u.. u.. 0 I- ::l :J: CI) oJ <( ::l I- 0 <( oJ (3 Z ::l 0 0 0 l- I- Z J.U ~ u.. u.. 0 I- ::l :J: CI) oJ <( ::l l- e..> <( ..J (3 Z ::l 0 e..> 0 l- I- Z W ~ u.. u.. 0 I- ::l :J: CI) ..J <( ::l l- t) <( oJ (3 Z ::l 0 e..> 0 r--. (") 0 r--. r--. '<t CO r--. 0 CO '<t I- '<t LJ') LO r--. crl LO N '<t OJ crl 0 I- ~ "1 CO r--. <0 <0 <0 N LO II) <0 Z 'II: W ~ U. u. :J: ~ 0 I- ~ ~ Z >- W Z 0 ~ W W >- 0:: .c: .c: 00 a::: :E w 00 !Xl 0:: <( ~ 0 I- :E ::> !Xl :E :E <( ::l :J: .... N tJl W oJ I- 0 W W :::l 0:: e..> oJ W W >- ::l I- ~ 0 I- > 0 Z m 0:: 12 >- z z oJ (!) a. z e..> 0 w <( w <( a. <( ::l ::l ::l :::l W 0 0 Z 0 ""') u. :E <( :E ""') ""') ""') <( tJl I- MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTh1ENT (208) 288-2499 . Fax 288-2501 PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211. Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN .~ "', 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 NOTICE OF SPECIAL WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Workshop at SpurWing Country Club, 6800 North SpurWing Way, Meridian, Idaho, on Friday, February 15th, 2002 at 7:30 am. The Meridian City Council will be discussing procedures and process for strategic planning as well as missions, visions, goals, objectives, issues and actions for the City of Meridian with John Luthy of The Futures Corporation. The public is welcome to attend. . .\'w'..\ 11,~ ~.~.~ ~ '.~ t ;.1 J .-..~ \\" .c jo, .". . .. .~\' -".oJ '~';..,;" '. .' .C', ~\... ~"""\. '. ...... ;~."-\ "," \ DATED rw. "'. fd(l~7. %f'~J'.'~U~fy..'.:.:~.:.' 2002. o. """.T · ~. h~~ ~. ~.iD:.;r;;.L,l ~'\. :~ ... , - 'Y. .... '.. ~ ,., U ".......i ;-~ \~:~~~~~~~?i.J WILLIAM G. BERG, JR. - rry CLERK r.,., 4 ;<''1 '\ ~,.' ~"' \...;,"-r;~'t!\. !."Ji!"~} .. , ' -.;.,~'~' '~?:~.;~:~<.:.~:;:.:~ t:.~ i:ji'~" Meridian City Council Special Workshop - February 15, 2002 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and lor hearing, please contact the City Clerk's Office at 888~4433 at least 72 hours prior to the public meeting. MAYOR Robert D. Corrie j1a~c ;t/oh~ ~ HUB OF TREASURE VALLEY 7haJw- ;J /e({J~ '?JJI ;;. 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PUBLIC WORKS (208) 898.5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888-6854 CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy de Weerd Cherie McCandless A Good Place to Live CITY OF MERIDIAN NOTICE OF SPECIAL WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Workshop at SpurWing Country Club, 6800 North SpurWing Way, Meridian, Idaho, on Friday, February 15th, 2002 at 7:30 am. The Meridian City Council will b~ discussing procedures and process for strategic planning as well as missions, visions, goals, objectives, issues and actions for the City of Meridian with John Luthy of The Futures Corporation. The public is welcome to attend. : SEAL .. . ,., ....k -... ,S'">,' ~"~ .:.;;,;,-: \;.:<:;~~~~\:".9x/' WILLIAM G. BERG, JR - !.;.~, ~ -r'\.J'!o'>,. ,_' -'.)k....~r "",fA'", ~~4'r:I~~--~~t", ')' '~' }"''"' . '"{.f~;:,\:.,\:j.\~..:.~ :.~;)i.'.. Meridian City Council Special Workshop - February 15, 2002 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearing, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. interoffice MEMORANDUM - D' To: RE William G. Be;;;/J.g, Jr. ~ SEP 2 3 .2002 ~ City Of Meridian Wm. F. Nichols '({I City Clerk. Offiw G. 1. VOIGT DEVELOPMENT FOR SUNDANCE SUBDIVISION I REVISED PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT From: Subject: File: PP-O 1-0 15 Date: September 19,2002 Will: Please find attached the original of the revised FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their March 5, 2002 meeting. The Findings were approved with the revisions per David McKinnon from the Planning and Zoning Department. These revised Findings incorporate the Plat information from Sundance Subdivision Plat dated 11/01/01, per David McKinnon. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\\Vork\M\Meridian\Meridian 15360M\Sundallcc Sub AZO 1.012 PPO 1.015 CUPO 1.026\BcrgREVISEDPP030702Mcmo.doc