HomeMy WebLinkAbout2003-07-22
August 1, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 5, 2003
ITEM NO. 3 - ~
REQUEST Approve minutes of July 22, 2003 Pre-Council Meeting:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
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Contacted:
Emailed:
Date:
Staff Initials:
Phone:
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CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, July 22, 2003 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless 0 Keith Bird
X Mayor Robert Corrie
2. Adoption ot the Agenda:
3. Discussion with Greg Bennett regarding water bill:
(10 minutes*)
4. Discussion of Locust Grove Overpass Right-ot-Way Reimbursement:
(15 minutes*) Bruce Mills -- Continue to August 5,2003 Pre-Council
5. Discussion of Finance Report: Stacy K.
(5 minutes*)
6. Web Page Demonstration by IT Department: Terry P.
(15 minutes*)
* Approximate allowable time set tor agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - July 22, 2003 Page I of I
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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.
Meridian City Pre-Council Meetin~
Julv 22. 2003
The Pre-Council Meeting of the Meridian City Council was called to order at 6:00
P.M. on Tuesday, July 22,2003, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Cherie McCandless,
and Bill Nary.
Members Absent: Keith Bird
Others Present: Bill Nichols, Gary Smith, Kenny Bowers, Terry Paternoster, and
Will Berg.
Item 1.
Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless 0 Keith Bird
X Mayor Robert Corrie
Corrie: I would like to call the City Council Meeting to order on July 22, 2003 at
6:02 P.M. at the City Council Chambers. At this time, I would like to have the
City Clerk have roll call attendance. We have three Council people present and
one absent. At the present time, we do have a quorum.
Item 2.
Adoption of the Agenda:
Corrie: Item Number 2 on the agenda is the adoption of the agenda.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: I would move that we adopt the agenda as presented.
McCandless: Second.
Corrie: Okay motion has been made and seconded to adopt the agenda as
published. Any further discussion. All those in favor of the motion say aye.
Opposed no. All ayes motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3.
Discussion with Greg Bennett regarding water bill:
Corrie: Since Greg Bennett doesn't seem to be here tonight and we want to
discuss this Locust Grove Overpass Right of Way Reimbursement I would like to
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Meridian City Pre-Council Meeting
July 22, 2003
Page 2 of 18
hold off and maybe Keith could be here. He was the one that would like to hear
that.
Item 4.
Discussion ot Locust Grove Overpass Right-ot-Way
Reimbursement:
Corrie: We can have the discussion of the Finance Report.
Nary: Mr. Mayor.
Corrie: Yes.
Nary: Before we do that thought I know Mr. Mills is here and I wandered if - all I
was going to ask him a question was is there a particular person from ACHD that
might want to be here for that discussion about the right of way. We'll set it over
to next - well two weeks. Yourself is fine but if you think there is someone else
more appropriate would you -
Mills: We certainly can I'm not exactly sure what the questions are. Certainly if I
knew what those were I could either answer them or take them back.
Nary: Maybe take them back because what we'll do is we'll probably set it over
like I said for a couple of weeks. We had asked at our Joint Meeting for
information as to which pieces of property have already been purchased with the
money that was set aside for that project from the city.
Mills: Okay and -
Nary: And we had some questions about some of the properties. Basically, how
do they fit in the criteria that we had set up for that? Is that a fair statement?
De Weerd: Yes.
Nary: So I don't know if there is a particular person from ACHD that's - I
remember the gentleman knows the project manager that sort of stood up while
we were there and I don't remember his name. I don't know if he should be here
to have that conversation with.
Mills: It's possible. My limited knowledge is that there are three different projects
between Franklin and Overland and that you're being charged right of way for all
three of those projects, which includes the Overland Locust Grove Intersection.
Then the project that would be from Overland up to 500 feet north up near
Bentley I guess that would include the overpass then one from Bentley onto
Franklin. My understanding is you're being charged for right of way purchased
on all three of those projects. From what I - I have a copy of the agreement and
it's a bit nebulas in whatever the word is. I guess it says that it's between
Franklin Road to Overland Road parenthesis and 1-84 Overpass. Is there a
Meridian City Pre-Council Meeting
July 22, 2003
Page 3 of 18
question about that about whether you should be being charged for something
other than the overpass project itself or that's really, what the question is?
Nary: Yes, the document that we received had identified some properties that at
least one particularly I think was on Franklin Road I can't recall.
De Weerd: Probably both.
Nary: Yes but it was really fronting Overland and not part of the Locust Grove
project.
Mills: It wasn't fronting Locust Grove it was just on Overland. It wasn't on a
corner or something like that?
Nary: Right.
Mills: Okay.
Corrie: One of them was the purchasing fronts Overland Road which could be
part of the intersection improvement. That was still (inaudible) about that.
Mills: Okay.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I guess it was my impression first that our 1.8 million dollars would be
used for the Locust Grove Overpass not the intersections but the overpass. We
just want some clarity on that and I believe our Public Work's Director had also
brought in question a couple of properties that were being asked for
reimbursement. I totally agree with him.
Mills: Well now I understand what your questions are. Probably it would be
better if I bring someone along that can explain it or at least get all the answers
for you or bring that to you or send it in a letter form. That's my understanding.
You're more concentrated on the overpass not necessarily the other.
Corrie: And we can have that continued to August the 5th. Would that give you
enough time to -
Mills: Sure or even a week is fine.
Corrie: We won't be here.
Mills: You won't be meeting next week anyway so that's fine.
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Meridian City Pre-Council M'~eting
July 22, 2003
Page 4 of 18
Corrie: He won't be here then and I won't be here the 5th but J don't count
anyway.
De Weerd: Where are you, you haven't asked for permission.
Corrie: Yes J did she said okay.
De Weerd: Oh, your wife.
Mills: Well J'II get the answers for you.
De Weerd: Oh sorry the higher authority.
Corrie: Okay thank you. Anything further Mr. Nary?
Nary: No J just thought we would get that taken care of this week.
Item 5.
Discussion of Finance Report:
Corrie: Stacy do you want to go and then put him last?
Kilchenmann: I think we've discussed numbers enough in the last few days so I
don't have too much to add to the revenue discussion we already have. I went
through all the expenses and it looks like we're going to come in fine. With the
hold back we did, we should be in good shape expense wise. I did look to see if
we could restore the hold back for the city hall and I think we can. We will have
savings in prosecution expense of 54,000 dollars and we have a line item in
other government called advertising and promotional that we haven't used which
we could probably also use that for volunteers to do something. Will and I talked
about doing something for the volunteers out of that. Then you have about
28,000 dollars left in the Council professional services budget so you would be
okay to go with that. I printed out for everyone the email J sent you with this
summary from the budget workshop just in case you don't have a printer handy
or whatever.
De Weerd: I think (inaudible).
Kilchenmann: Are there any questions?
Corrie: I don't have any right now.
De Weerd: I certainly appreciate you looking into that for the update.
Kilchenmann: If there aren't any more questions then we'll Jet Terry take over.
Item 6.
Web Page Demonstration by IT Department:
C'~
Meridian City Pre-Council Meeting
July 22, 2003
Page 5 of 18
Corrie: Okay Terry.
De Weerd: Terry you've got a lot of time.
Paternoster: What do we have about 45?
Corrie: You've got 15 minutes.
Paternoster: 15 minutes that should be more than adequate.
Corrie: Take your time.
Paternoster: I just wanted to show you guys some of the recent changes we've
made to the website. I'm not sure if you've been recently out to the website but
we hired a programmer to come in and make some changes for us and I think
that overall there has been some good improvements. As you can see that, the
overall navigation has changed so that we have drop down buttons. We're in
total control of this unlike the buttons that we had before which were hard coated
on to the actual image. We can actually at will come in and change the name of
the buttons, add departments and change the names of departments whatever
we want. One of the other nice features that we did is over on the side here
there's actually this side frame lets you navigate through the different
departments so that if someone comes to our website and they're trying to
wonder how did I get where I'm at they can always see where they've traversed
to. They can see that well I'm in departments I'm in finance and I'm in
employees so it's kind of nice because it gives them some additional navigational
function that wasn't previously there. Some of the other changes to briefly cover
with you that were made is we've made it so that individual departments can add
their own web pages. Previously when the website had been originally done they
were limited to the default menus that were given to them as far as employees,
links, news everybody has the identical menu choices and there wasn't any way
for them to really add their own web pages. One of the interests of the Police
Department was they said they would like to get a lot more community
information out on the website. By making this change, it's going to enable them
to come and create their own navigational substructure so that they can get to
where they want to go. Something else as you'll notice is the City Council has a
nice little button on the top, which takes you to your picture. Not only that, under
the departments you also notice there's a City Council so that you guys have the
same availability to put in employee files, facts or whatever type of information
that you might want to add. Yes.
De Weerd: Did you notice I put in a question?
Paternoster: Where under facts?
De Weerd: Yes under frequently asked questions.
Meridian City Pre-Council Meeting
July 22, 2003
Page 6 of 18
Paternoster: Oh I see an A.
De Weerd: I didn't look to see if it's still there but it was earlier. I guess it didn't.
Paternoster: I guess I'm not - apparently, it didn't get saved.
De Weerd: I just asked you know how often does City Council meet and so that
the Mayor and City Council meet every Tuesday. It's the only question I could
think of.
Paternoster: I'm sure that there will be a lot of questions that could come up in
the future. I think that probably another advantage of this change that's going to
be to the city is that if we do get some sort of intern in to help out we could have
them upload pages. Actually, do some of that modification for us so that we have
someone taking care of some of the content for the Council and other
departments that need some assistance.
Corrie: What have you got under calendar? Mine won't work is it my computer
or have we determined that?
Paternoster: Well one of the changes that was actually updated was there was a
lot of problems with some of the overall functionality of the previous website.
There were some broken links. There were problems when you would try to add
items. It would error out on users. If you didn't have, certain placeholders like an
NN and NA like under your files it would error out if someone tried to go to that
site. Those have all been corrected to the best of my knowledge. The calendar
does work and items can be added to the calendar. There still are a couple of
just - it's not perfect. Basically we didn't really contract in this particular update
with the programmer to modify the calendar to make it completely functional but
basically they fixed it so that it works as originally intended which means that -
that's fireworks because it's the 4th of July. If items are added to the calendar
you can come and look and they will show up over on the side. Currently we
don't have any items listed in the calendar but if items are put, there they will
show up. Some of the weird things with the calendar is like if an event traverses
between July 31st and August 1st it won't show up in August but it will show up in
July so you would have to additionally go add it into the August calendar to get it
to show up on that date. Overall, I think it is much better than what it was
previously.
Corrie: Yes I agree.
Paternoster: No, nobody has put anything on the calendar. Yes, we could put
the Salmon Barbeque on there.
De Weerd: Well and the Centennial Celebration too. Terry when I clicked on -
you know when you sent me that link the other day it took forever. I don't even
Meridian City Pre-Council Meeting
July 22,2003
Page 7 of 18
think I've waited - well maybe I didn't have enough patience but I couldn't get the
Mayor's message. . .
Paternoster: Were you on a dial-up?
De Weerd: Yes.
Paternoster: It could take a long time to access some things on our site through
a dial-up because it basically has to download that to your machine and stream it
to you like the Mayor's message. I'm pretty sure that if I was to go to let me see
what happens if I try to go there.
Corrie: We're about in the process of changing that too.
Paternoster: Absolutely. I think that would be an awesome change.
De Weerd: See how you can condense that file so it loads faster.
Paternoster: So if I come in here -
De Weerd: I guess you can always say hi then -
Corrie: So long.
Paternoster: See it goes pretty fast for me here. Obviously, it's not going very
well on the screen. I can see it on my screen just fine and it's running. I think
that it's probably just because you have dial-up connection that it's not running so
optimally for you is what I'm guessing. What we were going to do is we were
going to add something to the calendar. Let me see. General and calendar
items the date would be August 1 , 2003 with an end date August 1, 2003. Event
annual Salmon Barbeque what do you call it Kenny.
De Weerd: Isn't it the Firefighters Association? How many years have they held
it?
Paternoster: Isn't this the 24th year?
Bowers: 24th.
De Weerd: Yes, you can putthat.
Paternoster: And where is it located at?
Corrie: The speedway dairy barns.
Paternoster: Meridian Speedway.
Meridian City Pre-Council Meeting
July 22, 2003
Page 8 of 18
De Weerd: Make sure Terry you put 24th annual.
Paternoster: Okay good idea. 24th Annual Salmon Barbeque. Even fees.
Bowers: (Inaudible).
Paternoster: Eleven dollars adults and five dollars for kids six to 12.
De Weerd: Just put call the department.
Paternoster: Contact name Kenny. Contact address 540 East Franklin Meridian
Idaho. Contact phone number.
Corrie: 888-1234.
Paternoster: Contact email address is merfire?
Nary: Shouldn't we put Greta as the contact person?
Paternoster: Let's see if this works. Well what happened here.
De Weerd: It probably went to the same place as my FAQ.
Nary: Good demo Terry it's out there in space somewhere.
Paternoster: It obviously does not like something and I'm not sure what its not
liking at the moment.
De Weerd: What a nice looking back row we have here. We don't often get nice
looking back row people. I'm talking about your friends.
Corrie: I figured she was going to stick her foot in.
Paternoster: I am completely baffled on why that's not working. That's not a
very good demonstration. It will the barbeque will be up by tomorrow.
Corrie: Either that or we cancel it?
De Weerd: Will you put in my frequently asked question too?
Paternoster: Let's see so you want to go to City Council. I'm pretty sure that this
one would work your facts. The question is how often does the City Council
meet. What's the answer? Every Tuesday.
Corrie: Every Tuesday.
Berg: 1st through 4th.
Meridian City Pre-Council Meeting
July 22,2003
Page 9 of 18
Paternoster: So if there's five Tuesdays in a month you don't meet?
De Weerd: Well it depends.
Corrie: Special Meeting.
Berg: At 7:00 P.M.
Paternoster: Okay so now if we go over here and we go into departments, City
Council I think you'll have a fact. How often does the City Council meet?
Technically, I think that (inaudible). Just to give you an example of a couple of
the other things that were added real quick just so we can check it out. One of
the features that was added was each individual department has the - let me go
here and log out and log in as an individual user. When they log in it takes them
to their department but basically, what they can come in and do is they can come
in and they can add users. They can give them permissions on what they want
the user name to be, the password, whether or not they want them to be able to
add web pages, edit web pages, delete web pages or just edit the calendar.
Previously there had been one log in for each department now there is multiple
log ins so people can get on and do all sorts of neat stuff. I think that that
probably about wraps it up. Are there any questions?
Nichols: Terry. I would recommend you change your password now since it's
been on display and on there for everybody to see.
Paternoster: This was just my temp I actually have a master password. Besides,
you would just ruin the Technology Departments page.
De Weerd: What was the password?
Paternoster: It's zip disc.
McCandless: I don't even know what mine is because I don't use it.
Corrie: That's why your darn computer doesn't work.
Paternoster: Look it, I can delete my user.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: Terry just so with the intent being each of the departments would have
some designated web person this isn't something anybody can log into that.
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Meridian City Pre-Council Meeting
July 22, 2003
Page 10 of 18
Paternoster: It is. It's so each individual department can assign somebody at
their department or different people to take care of different content. I think for
the most departments there's probably only going to be one person who's going
to maintain the information at their web page. For somebody as large as the
Police Department they might assign multiple people to do certain aspects of it.
It enables that functionality. Something else that allows is it also allows them to
change the header so that they can have like a picture of the Police Department
or the Public Works Building instead of having city hall while still maintaining the
overall fill of our website so it maintains a consistency for the users.
Nary: Is there a way on all the pages to have some incorporation of the logos so
that they can maybe put the police building but still have the city logo on the
pages so that way there's still some connection between all those different links?
Paternoster: Yes and I think that some of the discussion had been that we
thought that maybe we'd replace like the clock tower or put the city logo on so
that that way there was consistency there.
Nary: Replace that you mean?
Paternoster: Yes that little clock.
Corrie: That's a lot of space.
Nary: No, you can't see the detail or the sign there.
De Weerd: That's a (inaudible).
Paternoster: Any other questions?
Corrie: Good job Terry.
Paternoster: Thank you.
Corrie: I've got some things to add that I will be talking to you about next week or
so.
Paternoster: Great that sounds awesome. Thanks.
Corrie: You're welcome. By the possibility, is Greg Bennett here tonight yet?
Item 4.
Discussion of Locust Grove Overpass Right-of-Way
Reimbursement:
Corrie: Bruce I'm sorry come up here.
Meridian City Pre-Council Meeting
July 22,2003
Page 11 of 18
Mills: Mr. Mayor I was just looking through the agreement that we were talking
about earlier on Locust Grove. I just wanted to point out that Section 1.4 says
the project shall mean the ACHD minor arterial construction from Overland to
Franklin with a freeway overpass over 1-84 including intersections. I just wanted
to let you know that that language is in there in the agreement. I also looked at
the maps and I do see that it appears that certainly on Overland Road that we
purchased and have charged you for some parcels that are not at the
intersection of Overland and Locust Grove. They are west of the - so in any
event I'll get additional information to you but I wanted to point that out that I saw
that in the contract.
Corrie: Okay thank you. We can adjourn if you want to stay close around.
Nary: Mr. Mayor I would suggest maybe if we wanted we could adjourn and if
Mr. Bennett does show we can either take that up or put him on the end of the
other agenda.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Or we could look at going into Executive Session and ask the City
Attorney to give us an update on the memo he sent out earlier.
McCandless: That would be a good idea.
Corrie: Okay I will entertain a motion to do such thing.
De Weerd: Mr. Mayor would it fall under c?
Corrie: Personnel, which one are you doing?
Nary: Probably we're talking about - yes band f.
De Weerd: Okay. Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we adjourn into Executive Session per State Code 67-
2345(1 )(b)(f).
Nary: Second.
Corrie: Okay motion has been made and second any further discussion?
Hearing none roll call vote Mr. Berg.
Roll Call: Bird, absent; Nary, aye; de Weerd, aye; McCandless, aye.
Meridian City Pre-Council Meeting
July 22,2003
Page 12 of 18
Corrie: We'll go into Executive Session and let us know if anyone comes in.
(Enter into Executive Session at 6:30 P.M.)
(Come out at 6:45 P.M.)
Corrie: I would entertain a motion to come out of the Executive Session.
McCandless: So moved.
Corrie: Motion has been made and second to come out of the Executive
Session. Any further discussion. All those in favor say aye. All ayes motion
carried. Let it show there were no decisions made in the Executive Session.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3.
Discussion with Greg Bennett regarding water bill:
Corrie: We didn't adjourn but we have still on the Pre-Council Meeting Agenda
and I believe Greg Bennett is here this evening. Greg discussion of Greg
Bennett regarding the water bill. You're up.
Bennett: My concern is the procedure for establishing open water accounts for
our rental properties in Meridian. I own properties in Meridian and I talked with
you three or four years ago about a procedure because I was told then that I had
to come into city hall and fill out a renters form to get water service from one
tenant to the succeeding tenant. I complied with that and within a matter of a
couple of weeks the brand new tenant his water service was shut off. It was the
reason given was because the prior tenant hadn't paid the closing bill. As I
explained to you, the reason for water being shut off for the prior tenant is no
reason to turn off service for another tenant who had nothing to do with the fact
that the closing bill wasn't paid. I suggested to you that a solution to that might
be if in fact a landlord must come in and fill out a renter's form that that would be
the time to make the landlord pay the closing bill for the water account and
therefore there would be no outstanding account. There would be no reason to
go and shut water off at somebody's house when they had done nothing wrong
to begin with. A few months later the procedure was changed to, I believe it was
changed so that the billing would be Greg Bennett care of the tenant at the
residence where the water was being consumed. That wasn't really a solution to
me but it had seemed to be working for a few years. Now just recently another
one of my rental properties turned over and that tenant came in to try and get
water service established and she found out that she couldn't put a water
account in her name that it had to be in my name. When she told me that I called
the Water Department and they informed that September, October last year that
the billing procedure had changed again and that now a water account in a rental
property in Meridian is billed straight to the owner of the property and sent to the
Meridian City Pre-Council Meeting
July 22, 2003
Page 13 of 18
address of the rental property where the water is consumed. I asked the woman
who I was talking to. where - I'm ultimately liable for the water bill at the property
and I have no problem with that but how am I ever going to know that those
people haven't paid a water bill. She said well we think that the postal service is
going to forward it to you at your residence. I said wait the postal service is going
to forward mail to me when there is no forwarding address on file with the postal
service to do that. She said they are just following the procedure the City Council
had set up through the ordinances. It just didn't make any sense to me because
I have - I was dumbfounded. I don't see how the postal service would even
know that that's not my house that I don't live there and I would never get the bill.
I had the lady check my other rentals and she said oh here's one we're going to
turn the water off today. That very day they shut the water off. Well me being
liable for that water bill somehow the city had let that water bill get to almost 200
dollars. In all my years of owning rental properties in Meridian, I have never once
been notified by the Water Billing Department that a bill has gone unpaid. The
City of Meridian is making me liable for 200 dollars worth of water that I had no
knowledge was even there that had been unpaid yet I'm still liable for it. Well my
question would be where is the notification process because years ago when I
had to come in and fill out the forms that said renter's forms I checked a little box
that said notify for non-payment I would assume that I would have been notified
that there was in a rears on the account. It was going to be shut of imminently or
that lowed money for an unpaid water bill. I have never ever been notified by
the City Water Billing Department. It's just surprising to me that the city can't sell
water to a renter directly and collect money from a renter. I would say that Idaho
Power does it seven days a week 365 days a year. They collect money from
renter's all the time for utilities. Intermountain Gas does, Direct TV does, Qwest
does they all do and it's just surprising to me that a municipality that sells a water
service it's an essential service can't also do that too. Also, what's on that bill is
garbage services and then effect as landlords we're being asked to pay for
people's garbage to be hauled away and for the water they're using. In my
opinion, it's kind of the same as power. It's the same as gas it's an essential
service that goes to a property. If the utility companies can do it, I don't
understand why the city can't do it. I don't know where I would stand from here.
I can't make motions or can I?
Corrie: No.
Bennett: Alii can do is tell you my story?
Corrie: Right.
Bennett: That's kind of it I just don't see the logic in it. Somebody at one point
had told me that there are hundreds of unpaid accounts in the Water
Department, which must equate to thousands of dollars worth of uncollected
revenue. That to me that's got to be unacceptable to somebody in the City
Government because there's money that isn't being collected that could be use
to put more parks on line or to pay more people to go turn off more water or
Meridian City Pre-Council Meeting
July 22, 2003
Page 14 of 18
something. Either the problem seems to me to be in the management of the
water billing or I don't understand how the City Council makes that ordinance
such that me as a landlord would be liable for a property and then fail to notify
me when the bill gets so high. If I had been notified the first month when it hadn't
been paid it might have been 65 or 75 dollars. Yet, here it gets to 200 dollars
and the only way that I'm notified is if I have to call in and find this out. Now
somewhere the procedure must be in place to notify the person that they're liable
for water bills rather than just wait until the tenants out and somebody tries to
establish a new account By that time there could be four or 500 dollars worth of
water. I have no idea I don't know how long the city will let it go. I know I had
one that was at 200 dollars almost before they shut the water off. That seems
unnecessary. Somewhere I mean it used to be that renter's form seemed to be
to cover the whole thing. When I suggested to you the way to solve that problem
might be to just make the landlord still fill out a renter's form and yet pay the
closing bill for the prior tenant before establishing service for a new tenant.
Because any landlord would typically have the deposit and they would take the
closing bill and deduct from the tenants deposit return. It seemed like a really
good solution to me and three years later we seem to be further and further away
from a good solution to something that just isn't working. It doesn't seem to
make any sense. That's my case.
Corrie: Okay it sounds like you have three or four different issues there. One
being that the renter's are not paying their bill, then they leave and you come in
with a new renter and they're not catching the bill at that time. That's one of
them I understand is that right? You've got a property and let's say it has a 200-
dollar bill and they've walked away from it. Then you have a new tenant come in
and you get them their water the department does not notify you that there's a
200 dollar bill on that account is that correct?
Bennett: Well I don't think I should have to wait until it's 200 dollars. I think I
should be notified when it's 30 days. I don't think that was 30 days I think it was
like 100 days worth of water service that the man hadn't paid for. If there is a
notification procedure then I should be notified in 30 days so it doesn't get to 200
dollars. I have a lot better chance of getting the tenant to pay the 65 dollars after
one month then I do after three months worth of accruing. I still am liable for it.
In a spirit of cooperation I would think that I would be notified early enough so
that I could do something about it for the city's sake to get them their money plus
be able to get it turned off. To get it stopped to get the problem resolved earlier
then all of a sudden now Greg owes 200 dollars. That's one then there's the
notification process yes. That to me is a big problem.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: Mr. Bennett I mean many of the things are things we already knew the
problems. Don't get me wrong I think what you're saying has some real validity
Meridian City Pre-Council Meeting
July 22, 2003
Page 15 of 18
to it. Some of it which is beyond what has impacted you is that this whole
process has been re-Jooked at about three times in the last year partly driven by
the Public Works Department initially also then changed by us changed again at
the Public Works Department request. Some of these bugs that you're talking
about I think we have been attempting to work. Now, and you may have seen
this in the paper awhile back but the Utility Billing Department is now part of our
Finance Department. Hopefully some of these problems can get worked out.
That doesn't necessarily affect you today but that is something we're trying to get
a handle on for the same reasons and concerns you've raised. You also sound
you've got some really poor information because I don't think this Council ever
said that we hope the post office can figure out whether or not to forward a piece
of mail to somebody. We never said anything like that and that was never the
intention of the group here. Who gave you that information or why they said that
is beyond me because that was not something we've ever talked about. I don't
know what we as a group can tell you today other than what you probably do
need to do is - we can help spur it along but you also really need to talk to our
Finance Director about what your concerns are. They do need to evaluate the
policies and practice of utility billing to get these types of issues taken care of on
the front end. You're absolutely right we don't want to have a lot of unpaid water
bills. We don't want to have to go through this hassle with landlords or tenants
on getting these paid and paid timely and all of those things. We both want the
same things and for us to achieve it with the volume of users requires some real
strict policies and inherent to them. Those are things we're trying to work on
constantly to make better. The best that you can do is what you have done is
come here, talk to the Mayor, talk to us. We'll certainly spur the Finance
Department to get those policies in place to make that happen like what you're
suggesting. If you want to talk to them directly, you certainly have the power to
do that as well.
Bennett: What is the procedure then and was that tenant correct there is no
account in the name of a renter?
Nary: What was decided at one point was that the landlords with the property
owners would be responsible. We're not going to be billing the tenant because
we were having a lot of difficulty or the Water Department claimed they were
having a lot of difficulty collecting those back from tenants. They move, move out
of the area, they moved to Boise they moved to Nampa the cost of collection
sometimes can be very expensive the cost prohibited. Since the landlord is also
responsible for their property that was what was decided at one point. After that
they were - my memory is not real good. My recollection is we had a discussion
about that and there were issues like you've raised that landlords are saying we
need something that's sort of in between that because we've got these properties
that we've got tenants and some landlords don't even live in the local area so
that makes it very cumbersome to try to get these paid. Some of the timing
issues like you're talking about. We told them that we would be willing to look at
something else some alternatives. I don't remember the specific alternatives that
we talked about but we did say that was fine we would go with the alternatives to
Meridian City Pre-Council Meeting
July 22,2003
Page 16 of 18
allow some flexibility for tenants as well as landlords to - again ultimately, we all
want the same thing. we want them paid. That was the last I recall our discussion
was that.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, Mr. Bennett. We have been
working on revising the ordinance again. We've been looking at other issues
besides just the landlord tenant question. Things like instead of all of the
accounts being billed at the same time every month splitting that up and doing
some things to try to even out the workflow within the office to make it more
customer friendly and more efficient. We also looked at of coming up I think in
context with the revised ordinance a different kind of form for landlords so there
is some stuff working behind the scenes to try to get this fixed but it hasn't been
fixed yet.
Bennett: Well my question I don't think was answered. Is the tenant going to
have their name on a water bill or is that not the case?
Corrie: Do you want them to have it?
Sennett: Pardon me.
Corrie: That's fine yes but it's up to the landlord if you want to have the tenants
on the water bill. The ultimate is still the owner's property. If you want to have
the tenants on the water bill that can be done.
Nichols: Mr. Mayor.
Sennett: See that wasn't my understanding.
Nichols: Mr. Mayor, Members of the Council I think we're confusing the issue a
little bit. A bill an account just in the name of the tenant that goes to the property
address is not what I think we were left with by the Council. Your name in care of
the tenant at that address may have been something that was contemplated that
could be done.
Bennett: That's what's being done now. I have other rentals that that is what's
being done now. It's Greg Bennett care of the tenant at the address where the
water is being consumed.
Nichols: But I think one of the issues that we also encountered was how was the
Utility Billing Department going to convert over the last policy change was. They
weren't going to just - I don't think they were going to wholesale send out letters
to the landlords that says you have to come in and redo this. Those longer-term
Meridian City Pre-Council Meeting
July 22, 2003
Page 17 of 18
tenants that you have those accounts may have continued to be the same as
they have been in the past so the situation you're encountering now is one that's
come up since that change. That's why there's a difference.
Bennett: So the latest policy is that the bill goes to Greg Bennett at the address
where the water is being consumed.
Nichols: No I believe that the last policy was the bill goes to you at the address
you designate which I think was contemplated by the Council would be your
address which is why we have this problem with out of town landlords and those
kinds of things. It's like you try to fix this over here, it creates a problem here,
and we're trying to find the right balance.
Bennett: Confusing isn't it?
Nichols: It's not the best situation sir.
Bennett: Okay Finance is that who I need to talk to.
Nary: Yes I don]t know that they're here right now. (Inaudible) Finance
Department.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: We can certainly share the record so you don't have to share your
story all over again to the Finance Director. Maybe you can contact her after she
has a chance to review the minutes and see what your issues are and check with
the most current policy that's being formulated. See if some of those policies
answer your question and have some dialogue after she's had a chance to kind
of review it.
Bennett: And she being?
De Weerd: Her name is Stacy Kilchenmann.
Corrie: We've changed it over who is responsible. It goes to the Finance
Department now. There may be some confusion in there. If you call in and ask
for Stacy she will be the one Kilchenmann, you don]t have to remember that last
name. It's Swedish but just say Stacy and it will go to her. Give her about a
week to go through these records and see what we're talking about and what the
account is doing. I think we can probably clear up some of this. I don't think
we]re going to clear it all up, because we still have some ordinance we're working
on up here. We know your problem and I know they know it over there but it
went back to finance now rather than the Water Department which we thought
was the best thing but it isn't. Financing is done by finance now and that's where
Meridian City Pre-Council Meeting
July 22,2003
Page 18 of 18
it should be. If you want to give it about another week, call in or I'll - what is your
phone number?
Bennett: My phone number is 322-1948.
Corrie: Okay. In about another week I'll give you a call if you don't call in and
get to her. I'll see if I can't follow up for you. That's the best we can do right. We
have to look at those ordinances again to see where we are and about the
billings. Then I've got about four questions here that you have asked and then I'll
ask her and see where we are. You're living with a question mark I know but I
think we can straighten it out for you. I hope we can we have Jed I can see that
but maybe we can.
Bennett: Fair enough.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move we adjourn our Pre-Council Meeting.
Nary: Second.
Corrie: Okay motion been made and second to adjourn the Pre-Council Meeting.
All those in favor say aye. All ayes motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
MEETING ADJOURNED AT 7:08 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~~
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f'r.ef/ded - (}I:; {?vtn.-'1"-~
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DATE
-
....
-
....
MAYOR
Robert D. Con'ie
f> Le~(\n?O~1: JW 7(,LbLLG)~~Cu(IhltvL~S (
......r~';..i ~~;).. LEGAL DEPARTMENT
~~:;g (208) 466-9272 . FAX 466-4405
~ P / CITY OF l~~I_"d"".'" PARKS & RECREATION
. '-./VI erldltrfl ~-"lt; '\\, (208) 8:~:~;~ :~:~:8-550 1
IDAHO )/ (208) 898-5500. Fax 887-1297
-;, --if BUILDING DEPARTMENT
(208) 887-2211. Fax 887-1297
~ C'<!:'.vr€ 'i ~
fl. t,\, TREASURE Y..vE ~"ICf PLANNING & ZONING
: \ 1903
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, July 22,2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
Discussion with Greg Bennett regarding water bill
- Discussion of Locust Grove Overpass Right-at-Way Reimbursement
Discussion at Finance Report
Web Page Demonstration by IT Department
The public is welcome to attend the meeting.
DATED this 18th day of July, 2003.
-
-
-
~
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Oftice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
f"
"'* TX coli ATlON REPORT **
21
22
23
24
25
27
28
29
30
31
32
DATE TIME TOI'FROM
07/1S 14:~3'38113160
07/18 14:34 PUBLIC wORKS
07/18 14:35 20846644135
07/18 14:37 8841159
07/18 14=38 2088840744
07/18 14:413 2088467366
137/18 14:41 89655131
07/18 14:42 LIBRARY
137/18 14'43 92083776449
07/18 14= 45 208 388 6924
07/16 14:46 21388886854
(
AS OF JUL 18 '~b.A'47 PAGE. 131
CITY OF MERIDIAN
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
MIN/SEC PGS
1313'33" 0131
1313'24" 13131
1313'24" 13131
1313'24" 001
130'23" 1301
00'25" 13131
013'24" 13131
130'28" 001
1313'23" 001
00'28" 001
00'24" 001
CMDll
215
215
215
215
215
215
215
215
215
215
215
STATUS
C>><
OK
OK
OK
C>><
OK
OK
OK
OK
OK
OK
PleaSe ryost JW-"P(.LbUc...,~CL,- ThtLvL~s{
MAYOR
Robert D. Corrie
r.:ITY C:OUNC[LMeMllERS
Tilmmy de Wccrd
Witli.m L. M. Nilry
Cherie Mo;Candless
Keich Rirel
oVre;;;lz~n'
l1.. IO^HQ
~!crru~
- '0..
". "'~I
4C:-/ v
\,
J
,?
~I"t(
'11!lIlJ
Lfl;AL DllPARTMRNT
OOS) 466-9272. FAX .(,(,.4405
p....RKS Zt. F:ECR6liTION
IZOKI Sgg.1579 . F.. 598.5501
rUBLIl: WORKS
(2UR) 89g.5S0G . Fa. 8B7.1297
BUlI.DlNG !'l8PARTMENT
(208) SS7.2211 . Fol< 887.12')7
PLANNING & ZONING
a0818S~.5S;" . Filx 8eS.MS.!
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GlVEN that the City Council of the City of Meridian
will hOld a Pre-Council Meeting at City Hall, 33 East ldaho, Meridian, Idaho, on
Tuesday, July 22, 2003 at 6:00 P.M. The Meridian City Council will be
discussing the fOllowing agenda items:
- Discussion with Greg Bennett regarding water bill
- Discussion of Locust Grove Overpass Right-of-Way Reimbursement
- DiSCUSsion of Finance Report
- Web Page Demonstration by IT Department
The public is welcome to attend the meeting.
DATED this 1 SUi day of July, 2003.
33 EAST lDAHO AVENUE. MERIDIAN, IDAHO 83642 . (20B) 888.4433
Cll, Clcrk omcc F'1X (208) 888.4218 . Human RC$ou= Fux (208) 884-8723 . Finance & Utility BIlling fux (208) 8874813
('
*ll< TX CONF I R~i,." ION REPORT **
en
AS OF JUL 18 '03 15:37 PAGE. 01
CITY OF MERIDIAN
03
08
12
DATE T I ME.' TO/FROM
07/18 15:24 3810160
0'7/18 1S:31 6950390
07/18 15:37 208-888-5052
MODE
EC--S
EC--S
EC--S
MIWSEC PGS
00'27" 001
00' 19" 001
00'20" 001
CMDt:! STATUS
216 OK
216 OK
216 OK
1>l1o.S-e 7oS-f j;y V~0 Noi-\~.- T~aNt tg !
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, July 22. 2003 at 6;00 p.m.
City Council Chambers
1_ Roll-call Attendance:
_ Tammy de Weerd
Cherie McCandless
_ Mayor Robert Corrie-
_ Sill Nary
Keith Bird
2_ Adoption of the Agenda:
3. Discussion with Greg Bennett regarding water bill:
(10 minutes"')
4. Discussion of Locust Grove Overpass Right-of-Way Reimbursement:
(15 minutes"')
5. Discussion of Finance Report:
(5 minutes"')
6- Web Page Demonstration by IT Department:
(15 minutes"')
"'Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
M~ridian Cily COlmci! .\gouIn-July 22, 2003 .I':Ig" 1 of!
All ~b pn-se:ttlcd at public: mccti"8l'~b~1I becomepn>pa1y Gilhe C'ny ofMeridi:uL
J\n.l'~oe donrioS 2=mmodation fordio:.bililics rdoted to dotumcll\$lOOdforhe:uiJ:rgs
pl.,..c co/1lO.Gllhc Cily Clai.'g om.. n S81l-44.~:\ at lo.\SI42 boW'.l priocto the public m.eeting.
V LR-oB ~ 7os-t JW Vltl~(;0 Noh Cl--- -r~C1N1 ~g !
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, July 22,2003 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption ot the Agenda:
3. Discussion with Greg Bennett regarding water bill:
(10 minutes"')
4. Discussion at Locust Grove Overpass Right-at-Way Reimbursement:
(15 minutes"')
5. Discussion of Finance Report:
(5 minutes"')
6. Web Page Demonstration by IT Department:
(15 minutes"')
"'Approximate allowable time set tor agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - July 22, 2003 Page 1 of I
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andfor hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
('
** TX .RMATION REPORT ** AS OF JUL 18 '133< .20 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMoo STATUS
13 07/18 15:01 PUBLIC WORKS EC--S 013'21" 001 216 OK
14 137/18 15:132 12084664405 EC--S 00'22" 001 216 OK
15 137/18 15:03 8841159 EC--S 013'21" 1301 216 OK
16 0'1.'18 1'5:134 20088413744 EC--S 00' 2e" 001 216 OK
17 07/18 15:e5 2088467366 EC--S 1313'21" 001 216 OK
18 07/18 15: 06 89855131 EC--S 813'20" 001 216 OK
19 87/18 15:87 LIBRARY i::C--S 00'22" 001 216 OK
213 137/18 15:06 921383776449 EC--S 1313'21" 001 216 OK
21 137/18 15:09 208 388 6924 EC--$ 00' 22" 001 216 OK
22 (l7/18 15:113 2088886854 EC--S 130'213" 001 216 OK
24 07/18 15: 11 12084674538 EC--S 1313' 19" 001 216 OK
25 137/18 15:12 Laurel EC--S 013'21" 001 216 OK
26 07/18 15: 13 208 387 6393 EC--S 013'213" 001 216 OK
?:7 07/18 15: 14 ADA Cry DEVELMT G3--S 130'39" 001 216 OK
28 137/18 15:15 CHERRY LANE EC--S 130'21" 001 216 01<
29 07/18 15:16 POST OFFICE EC--S 1313'27" 001 216 OK
313 07/18 15:17 IDAHO ATHLETIC C EC--S 1313' 19" 001 216 OK
31 07/18 15: 18 lD PRESS TRI8t...tjE EC--S 0e'19" 001 216 OK
32 137/18 15: 19 208 888 6700 EC--S 130'20" 001 216 OK
j)~O-B.e 7OS-t J;y V~cA{ot-\(\; -rfr.ct2N\~!
CITY OF MERIDIAN
PRE-CQUNCIL MEETING
AGENDA
Tuesday, July 22, 2003 at 6;00 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Tammy de Weerd Bill Nary
Cherie McCandless Keith Bird
- _ Mayor Robert Corrie-
2. Adoption of the Agenda:
3. Discussion with Greg Bennett regarding water bill:
(10 minutes-)
4. Discussion of Locust Grove Overpass Right-of.Way Reimbursement:
(15 minutes-)
5. Discussion of Finance Report:
(5 minutes-)
6. Web Page Demonstration by IT Department:
(15 minutes~)
.Approximate allowable time set for agenda item may change depending on
discussion, Please use the d(JSignated minutes as a guideline only.
Mcridiul city C_.il ~da - }oly ~~. ~OO3 hgc 1 on
AlI..-n.4 f"<S"'I.a o1l'llblic """'"8"<11.11 be.....cprop,:r1yoftl1cC"<tyofMoridi.,.
^"yOAc d<Wio& ...."".,.a.don f.... <li""'iliu.. rclMcd '0 docu"".I'",,,d'.,.~.
pleue",...<<llIo City C1dlL', om.. 01 ~ll!-4ol)3 all_ 48 bo.... poi.no lhcpubHc ~
(
** TX CONP ...-"lTION REPORT **
01
02
03
05
07
08
09
18
11
12
23
DATE TIME TO/FROM
137/18 14:47 12004574538
07/18 14:48 8950390
07/18 14:49 Laurel
07/18 14:51 208 387 6393
07/18 14:53 ADA CTY DEuELMT
137/18 14; 55 CHERRY LANE
07/18 14:56 POST OFFICE
07/18 14:57 IDAHO ATHLETIC C
07/18 14:58 10 PRESS TRIBUNE
07/18 14:59 208 888 67013
07/18 15:10 SANITARY SERUICE
/"'1'.
\.
AS OF JUL 18 '0::'..5:10 PAGE.01
CITY OF MERIDIAN
MODE
EC--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
EC--S
EC-S
---S
MIN/SEC PGS
0e'24" e01
00'23" 001
00'25" 001
e0'24" eel
130'40" eel
013'28" 001
00'34" 1301
00'25" eel
00'25" 001
130'23" 0131
013'00" 01313
CMDII
215
215
215
215
215
215
215
215
215
215
215
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
BUSY
'PLeaSe. CVoS-t 1W-1lLW~~C0- Th%~s{
"~~~
"1;11.
~ .
/"""- P /" ('.I~V o~ 1'.:... _ .
\JVLeridl'an- .~; '\
~ ID^HO f
..?
~~ ~J:Fq....!i:~ HnU
\1:1.11.3
MAYOR
Robert D. Corrie
l:ITY C:OUNC1L MEMIlERS
T~m my do Wecrd
WilIi,lm 1.. M. Nar,
Cherie M~C~ndle$s
Keith l3ird
LEOAl OllPAtrrM5NT
(208) 466-927l' FAX 4(,6.dd05
PARKS Ii< RE.CREAnON
(20K) SS8-3S79. F.. S9S-SS01
PUBLIC: WORKS
(203) 39S.SS00. Fa. 387.1297
BUILDING OllPARTMENT
(208) U7.22It. F.. 887.12'>7
PLANNING & ZONING
(208) 834.553;; . F,l' g8S.~8S"
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
wlll hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, July 22. 2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Discussion with Greg Bennett regarding water bill
- Discussion of Locust Grove Overpass Right-of-Way Reimbursement
- Discussion of Finance Report
- Web Page Demonstration by IT Department
The public is welcome to attend the meeting.
DATED this 18th day of July, 2003.
33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642 . (208) 888-4433
Cit, Clerk Oflk. Fa.>: (208) 888-4218 . Hum:m Resources fllX (208) 884-8723 . F;n~nce & UtilllY BlIlin~ 1'>>. ('f1~""" ADO'
** COMMUNICATIONS REPORT ** AS OF JUL 18 '03 15:20 PAGE. 01
CITY OF MERIDIAN
TOTAL PAGES ' TOTAL TIME
SEND 0031 SEND 00012'29"
RECEIVE 0000 RECEIVE 00000'00"
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl::t STATUS
01 07/18 14:47 12084674538 EC--S 00' 24" 001 215 OK
02 07/18 14:48 8950390 EC--S 00'23" 001 215 OK
03 07/18 14:49 Laurel EC--S 00'25" 001 215 OK
04 07/18 14:50 3810160 EC--S 00'37" 12101 214 OK
05 07/18 14:51 208 387 6393 EC--S 0121'24" 01211 215 OK
1216 07/18 14:52 Laurel EC--S 00'25" 001 214 OK
1217 07/18 14:53 ADA CTY DEVELMT G3--S 00'40" 001 215 OK
08 07/18 14:55 CHERRY LANE EC--S 00'28" 001 215 OK
09 07/18 14:56 POST OFFICE EC--S 00'34" 001 215 OK
10 07/18 14:57 IDAHO ATHLETIC C EC--S 00'25" 001 215 OK
11 07/18 14:58 ID PRESS TRIBUNE EC--S 00'25" 001 215 OK
12 07/18 14:59 208 888 6700 EC--S 00'23" 001 215 OK
13 07/18 15:01 PUBLIC WORKS EC--S 00'21" 001 216 OK
14 1217/18 15:1212 12084654405 EC--S 00'22" 001 216 OK
15 07/18 15:03 8841159 EC--S 00'21" 001 216 OK
16 07/18 15:04 2088840744 EC--S 00'20" 001 216 OK
17 07/18 15:05 2088467366 EC--S 00'21" 001 216 OK
18 07/18 15:06 8985501 EC--S 00'20" 001 216 OK
19 07/18 15:07 lIBRARY EC--S 00'22" 001 216 OK
20 07/18 15:08 92083776449 EC--S 00'21" 001 216 OK
21 07/18 15:09 208 388 6924 EC--S 00' 22" 001 216 OK
22 07/18 15:10 2088886854 EC--S 00'20" 001 216 OK
23 07/18 15:10 SANITARY SERVICE ----S 1210'00" 000 215 BUSY
24 07/18 15:11 12084674538 EC--S 00'19" 001 216 OK
25 07/18 15:12 laurel EC--S 00'21" 001 216 OK
26 07/18 15:13 208 387 6393 EC--S 00' 20" 001 216 OK
27 07/18 15:14 ADA CTY DEVElMT G3--S 00'39" 001 216 OK
28 07/18 15:15 CHERRY lANE EC--S 00'21" 001 216 OK
29 07/18 15:16 POST OFFICE EC--S 0121' 27" 12101 216 OK
30 07/18 15:1? IDAHO ATHLETIC C EC--S 00'19" 001 216 OK
31 07/18 15:18 ID PRESS TRIBUNE EC--S 00' 19" 001 216 OK
32 07/18 15:19 208 888 6700 EC--S 00'20" 001 216 OK
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, July 22, 2003 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
~ Tammy de Weerd X
X Cherie McCandless 0
)( Mayor Robert Corrie
.
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Discussion with Greg Bennett regarding water bill:
(10 minutes*)
4. Discussion of Locust Grove Overpass Right-of-Way Reimbursement:
(15 minutes*) /Jruc.e h1/71r c.~1nu..e A:> ~. s-~ UJo:3
5. Discussion of Finance Report:
(5 minutes"') .F~c(j IC-.
6. Web Page Demonstration by IT Department:
(15 minutes"') !.{A.;t?-p.
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - July 22, 2003 Page 1 of 1
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
July 18t 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
Pre-Council Meeting
July 22, 2003
ITEM NO. 3
REQUEST Discussion with Greg Bennett regarding water bill:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
July 18,2003
MERIDIAN CITY COUNCil MEETING
APPLICANT
Pre-Council Meeting
July 22,2003
ITEM NO.
4
REQUEST Discussion ot Locust Grove Overpass Right-ot-Way Reimbursement:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A TIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See Attached Comments
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
-" ~ -a
~tf ~~~~
. AC~
Ada County Highway District
Sherry R. Huber, President
Susan S. Eastlake, 1 st Vice President
Dave Bivens, 2nd Vice President
David E. Wynkoop, Commissioner
John S. Franden, Commissioner
318 East 37th Street
Garden City 10 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
July 16, 2003
RECEIVED
JUL 1 8 2003
Mayor Robert Corrie
Meridian City Council Members
33 E Idaho St
Meridian ID 83642
City of Meridian
City Clerk OfficE'
Re: Locust Grove, Overland to FrankHn Project
The above project has been broken down into three separate projects. The first project, #52241, is the
Overland/Locust Grove intersection. There have been four billings on this project:
#1 - $ 90,466.33
#2 - $184,016.00
#3 - $ 63,779.00
#4 - $179,609.00
Lot #8
Lot #1, 2, 3, 4, 9 & 11
Lot #1 0
Lot #6 & 7
Paid 11/14/02
Paid 1/2/03
Paid 7/14103
Payment not yet received
The purchase of right of way has been completed for this project.
The second project, #603012, is for Locust Grove, Bentley to Franklin. There have been two billings on this
project
#1 - $ 10,823.00
#2 - $ 15,133.00
Lot #8, 16, & 18
Lot #3 & 15
Paid 7/14/03
Paid 7/14/03
The third project, #70048, is for the Overpass. We have not purchased right of way for this portion of the
project yet.
[ have previously provided a map of the right of way lots needed for these projects to Gary Smith. For your
reference and convenience I am enclosing two maps labeled with the project number, lot numbers and the
names of the property owners.
Sincerely,
~~D~
Accounts Receivable
Cc: J Schweitzer
ACHD Commissioners
enclosures
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LOT OWNERS f'~~~_ -
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LOCUST GROVE ROAD f---
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PROJECT #603012 ~
ACHD right-of-way ~
~
D Area of Impact I--- -
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D Parcels
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INTERAGENCY AGREEMENT
BETWEEN
THE ADA COUNTY HIGHWAY DISTRICT
AND
CITY OF MERrOIAN
FOR FINANCIAL CONTRIBUTION TO ACHD PROJECT,
FRANKLIN ROAD TO OVERLAND ROAD (and;J~~40VeRPAS$)
This Agreement is entered into this /rJ? day of ~ l ,2002, by
and between the City of Meridian, hereinafter referred to as "City", and Ada County
Highway District, hereinafter referred to as "ACHD" for the purpose of setting forth a
general agreement as to cooperation between the parties for the mutual benefit of both
entities to successfully finance and build a much-needed road project in Ada County.
WHEREAS, ACHD is specifically responsible for all county secondary and city
highways within the County of Ada and is a body politic and corporate of the State of
Idaho, pursuant to Section 40-1307, Idaho Code;
WHEREAS, ACHD has programmed the improvement of a Road project that
would connect Franklin Road to Overland Road via an 1-84 Overpass;
WHEREAD, the Ida~o Department of Transportation (ITD) has made available
significant federal funds for partial construction of this project; and
WHEREAS, ACHD does not have the necessary, uncommitted funds to advance
this project from Planning/Development to Right-of-Way acquisition and construction
within the next 3 years; and
WHEREAS, CITY desires to see this project advanced to construction
completion and is willing to assist ACHD financiafly to fulfill this desire; and
WHEREAS, it would be to the mutual benefit of both government agencies to
work together to accomplish a much-needed project; and
WHEREAS, the ACHD and The City, pursuant to Section 67-2332, Idaho Code,
have the authority to enter into interagency agreements; NOW THEREFORE, the
ACHD and the City do hereby agree as follows:
fi: 11:.1 D tl r -;1S"D It.. f'/6 tJ (J>> KA1w;
If 6",),) <It 3DQ JI.. F'103
J,. t, Dbtll <1 15lj Ii. P'Iv:.. ARTICLE 1.
DEFINITIONS
Interagency Agreement ACHD/City of Meridian - Page 1 of 6
(05/14/01)
As used in this Agreement, the following words when capitalized have the
meanings herein stated:
1.1 ACHD shall mean the Ada County Highway District, a body politic and
corporate of the State of Idaho, whose address is 318 East 37th Street, Garden City,
Idaho 83714-6499;
1.2 CITY shall mean the City of Meridian whose address is 33 E. Idaho Ave.,
Meridian, Idaho 83642;
1.3 ITO shall mean the Idaho Department of Transportation;
1.4 PROJECT shall mean the ACHD minor arterial construction from Overland
Road to Franklin with a freeway overpass over 1-84 including intersections;
ARTICLE 2.
ACHD'S RESPONSIBILITIES
ACHD AGREES TO:
2.1 Design the Project;
2.2 Enter into an Agreement with ITD for the construction of the PROJECT
seeking the maximum federal funds contribution available;
2.3 Begin acquiring necessary Right-of-Way for the PROJECT based upon
95% design;
2.4 Notify CITY that ACHD will begin right of way acquisition for the
PROJECT at least thirty (30) days before beginning acquisition.
2.5 In the event ACHD seeks reimbursement for a specific Right of Way
acquisition for the PROJECT, provide to the CITY in a timely manner, the following
documentation for each property: copy of:Rurca~fli;5!gr~.E~n1~Qt, copy of
G!g~J.ng:l~$tatemeht, copy of gq$t$);fof&fappfaisa' >6Uation, r~GPrde(jDi;(j'~'~d, and
SUmmarymf<Transactitm including total amount requested for reimbursement for each
property;
2.6 In no event will ACHD seek reimbursement from the CITY for more than
ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS (1,800,000) total.
ARTICLE 3.
CITY'S RESPONSIBILITIES
CITY AGREES TO:
Interagency Agreement ACHD/City of Meridian - Page 2 of 6
(05114/01 )
3.1 Establish- a reserve account in the amount of ONE MILLION EIGHT
HUNDRED THOUSAND DOLLARS ($1,800,000) within thirty (30) days' notice from
ACHD as provided in section 2.4.
3.2 Within forty-five (45) days after the end of each quarter (March 31, June
30, September 30, and December 31) based on receipt of the information described in
Section 2.5 above, remit to ACHD the total amount paid during the applicable quarter to
prope -O,wner~ al1"dl~r PtQRe_ftY.9w~ers' encumbrancers as compensqtionfor the.right";
of way. Excluded from reimbursement to ACHD are environmental assessment costSfJ-'
\ appraisal costs, negotiation costs, title costs, closing costs, and any other costs not
I involving direct payment to, or on behalf of, property owners as compensation for the
acquisition of right of way for the PROJECT.
3.3 Reimburse ACHD up to the amount provided in section 3.1.
ARTICLE 4.
NOTICE
Notice. Any and all notices required to be given by either of the parties hereto,
shall be in writing, other than those instances in this contract wherein oral notice is
specifically allowed, and will be deemed communicated when mailed, first class,
postage prepaid in the United States mail addressed as follows:
a) CITY:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642;
b) ADA COUNTY HIGHWAY DISTRICT:
Planning/Programming Coordinator
Ada County Highway District
318 East 37th Street
Garden City, Idaho 83714-6499
ARTICLE 5.
MISCELLANEOUS PROVISIONS
5.1 The effective date of this Agreement will be immediately after both entities
have approved such Agreement and official signatures have been affixed;
5.2 In the event of termination, any right-of-way property that an enforceable
contract has been executed upon prior to termination by CITY received by ACHD will
remain the responsibility of the CITY pursuant to Section 3.2;
Interagency Agreement ACHD/City of Meridian - Page 3 of 6
(05/14/01)
5.3 . Neither party shall assign its interest in whole or in part in this Agreement
without the written consent of the other party;
5.4 This Agreement shall be governed by the laws of the State of Idaho;
5.5 This Agreement may be amended only by written instrument signed by
both CITY and ACHD;
5.6 Should any portion of this Agreement be found to be unenforceable by a
court of competent jurisdiction such determination shall not void the entire Agreement,
but will be limited only to those unenforceable provisions;
5.7 In the event either party to this Agreement is required to initiate or defend
litigation with respect to the terms hereof, or the rights granted hereunder, the prevailing
party in such litigation shall be entitled to all reasonable attorney's fees and costs
incurred in such litigation;
5.8 Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties;
5.9 Counterparts_ This Agreement shall be executed in two counterparts,
each of which shall be deemed an original, but both of which together shall constitute
one and the same instrument;
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to
be executed, on the day, month and year first above written.
".~~fQ:~-~~::;:~'~"~;.~"-r't"~:,,, ~
~1l)' ,,--t r"'.,;..t.... 1, Lr- ~:,.(~~... ...)
.'~;.....-""t ~. ....~'~\?-, ;....:.
....' ,.(..,. , ..t....,.~ .~~ r",
'fit fr:...... . - -.':"':c"e.. -"':'I--y, - ~~"" '
$I -~~ r..f:;f't:- ,..~ ;:"'i ;7">. "~I.. . of?'"
.~ .:f:.J ~C'\ ,"
_~ .- "\" -t'J
'# . t~--::.~ r 1r '"_ ,~.
· ~'",",""~ I ."
~~ "." ,~;,.~>.. "" . >{~>!,? A'f
"~ ""00':'.1' r'~' y ,'. ,.,,'
"^{::;:~~2:;'~; ';~:~;.;i'
By:
Attest:
By:
By regular/special meeting on
Interagency Agreement ACHD/City of Meridian - Page 4 of 6
(05114/01 )
By:
David ynkoop, Preside
Board of Commissioners
Attest:
, )
,/", I fl
: . / '/
By: ~/ I _- L ~
Director /
Ada coufW Highway District
I
STATE OF IDAHO )
) ss.
County of Ada ) s~S
t7:,k. '2 6t>z, I )
On this L day of ~k..lL , 2GG4-, before me, Sl.t 5tH" K. SIa.lAgk-kr , a
Notary Public in and for the te of Idaho, personally appeared Robert D. C me and
William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk of the City
of Meridian, Idaho, who executed thi$ instrument within, and acknowledged to me that
City of Meridian executed the same.
IN WITNESS WHEREOF, I have her:eunto set my hand and affixed my official
seal the day and year first above written. I ) ,
~~ K ~l D.-c'~ l-:b,
Notary Public tQ.( the State of Idaho
Residing at: ~~) _l J..._k..:.
My commission expires: ~ ~ - L 61) 3
Interagency Agreement ACHD/City of Meridian - Page 5 of 6
(05/14/01 )
STATE OF IDAHO )
-) -ss.
County of Ada ) ~~s.
.:t-- ~ . 0 2.51> L-
On thIs , s: day of ~, ag01, before me,
S U'b c.t.n k! S l Q.LL~{"kr , a Notary Pu lic in and for the State of Idaho,
personally appeared 0 id Wynkoop, known or identIfied to me to be the President of
the Board of Commissioners of the Ada County Highway District, and William J.
Schweitzer, known or identified to me to be the Director of the Ada County Highway
District, the persons who executed this instrument on behalf of said District, and
. acknowledged to me that the Ada County Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written. ~,
..... ~ ~ ~I
~.....~. K. ~ ~ CL...U- I.... ~
l"~~~~ ..""" Not~~ Public fo.r-tda~o
~ ~ l\01'4f OlIO ResIding at: ~ J cl......l.:o
i *' ~.fJ. .. L .; My commission expires: / ~ -x - 2 6b 3
. ... - ~
- ~ .
\ ~ &SLIC 7:
':...
..... "1 .)t. 0
..... 1:;> d'
...... Op ID~V"
.... t.t.'
............'
Interagency Agreement ACHD/City of Meridian - Page 6 of 6
(05114/01)
July 18, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Finance Department
REQUEST Discussion of Finance Report:
Pre-Council Meeting
July 22,2003
ITEM NO. 5
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the CIty of Meridian.
July 18, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
Pre-Council Meeting
July 22, 2003
ITEM NO.
6
REQUEST Web Page Demonstration by IT Department:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 22, 2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
~ Tammy de Weerd
==z.:= Cherie McCandless
)( Mayor Robert Corrie
,
k
o
Bill Nary
Keith Bird
2. Adoption of the Agenda: apl?y'l;}~
3. Swearing-In Ceremony for six new Meridian Police Officers: Sara
Rutte, Eric Stoffle, Mark Zakarian, Greg Kortan, Berle Stokes, and
Geoff Rowe:
4. Consent Agenda:
A. Approve minutes of July 1, 2003 Pre-Council Meeting: dtfjJY'(/~
B. Approve minutes of July 8,2003 City Council Regular Meeting: arrpv..e,-
C. Approve minutes of July 8,2003 Pre-Council Meeting: o/f3Yi!)V'<"
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
009 Request for Preliminary Plat approval of 12 building lots and 6
other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by
Bear Creek, LLC - north of West Victory Road and east of South
Stoddard Road: t1..fprov..e-
E. Findings of Fact and Conclusions of Law for Approval: VAR
03-017 Request for a Variance to the cul-de-sac length
requirements in an R-4 zone for Bear Creek No.7 by Bear Creek,
LLC - north of West Victory Road and east of South Stoddard
Road: Ctfpri (r1.e.-
6 - F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
010 Request for annexation and zoning of 39.15 acres from RUT
to R-8(PD) zones for proposed Trailwav Park Subdivision by
Hillview Development Corporation - east of North Meridian Road
and south of East Blue Heron Lane: at jJ r.o (red a f a fl,." e PLciP d--
MeJidian City Council Agenda -July 22, 2003 Page I of3
All materials presented at public meetings shall become property of the City ofMeridiall.
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.
i'- G.
b- H.
I.
J.
K.
Findin-gs of Fact and Conclusions of Law for Approval: PP 03-
011 Request for Preliminary Plat approval of 161 building lots and
25 other lots on 39.15 acres in a proposed R-8(PD) zone for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue
Heron Lane: ~V'J2 t-tf d/'he,i1.-decV
Findings of Fact and Conclusions of Law for Approval: CUP
03-021 Request for a Conditional Use Permit for a Planned
Development for single-family residential use with reduced
setbacks, lot sizes, lot frontages, and house sizes in a proposed R-
8(PD) zone for proposed Trailway Park Subdivision by Hillview
Development Corporation - east of North Meridian Road and south
of East Blue Heron Lane: a;;'pI7V..A-- tl f a In.e.h-de..ct.....-
Findings of Fact and Conclusions of Law for Approval: CUP
03-027 Request for a Conditional Use Permit for approval for
dance studio use in an I-L zone at 269 East 5th Avenue for Sandy's
Dancework~s by Sandy's Dancework's, LLC - 269 East 5th
Avenue: o/prtlv'iJ!.,J
Ten Mile Road Sewer Line Extension Latecomer Agreement,
Farwest, LLC - Lochsa Falls Subdivision: t7tf?jJrPV..e.
Linder Road Water Line Extension Latecomer Agreement for
Farwest~ LLC - Lochsa Falls Subdivision: ~t9v.e-
L. Finance Report: ~tJ ~
5. Department Reports: I~..e...
6.
(Items Moved from Consent Agenda)
~ 61 1/
7.
() :3 - ( 0.3 (
(}3-(OJz--
Ordinance No.
8.
Park Regulations Ordinance: a.jP'pWV.R...-
Revised Ethics Code
Ordinance No.
Ordinance: ~o Vte-
9.
Tabled from July 15, 2003: FP 03-040 Request for Final Plat approval
of 77 building lots and 5 other lots on 26.84 acres in an R-4 (PD) zone for
Bridaetower Crossina No.4 by Primeland Development, LLP and Young
Lands - northeast corner of West McMillan Road and North Ten Mile
Road:
~ V1<.-
Meridian City Council Agenda-July 22, 2003 Page 2 of3
All materials presented at public meetings shall become propelty oftlle City of Meridian.
Anyone desiling 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.
10. FP 03-041 Request for Final Plat approval of 49 building lots and 3 other
lots on 17.GB-acres in an R-4 zone for Messina VillaQe No.2 by Tuscany
Development, Inc. - west of South Eagle Road, south of East Victory
Road: ~\N--
11. Continued Public Hearing from July 1, 2003: PFP 03-002 Request for
Preliminary I Final Plat approval of 3 building lots on 1.55 acres in an L-Q
zone for Gaudrv SeeQmiller Subdivision by Gordon N. Anderson -
southeast corner of East Gala Street and South Millennium:
a:-f/trr/tLij I-opej?ffv..t -I/~1 e-j.e -hr ap(fYov~
12. Continued Public Hearing from July 15, 2003: PP 03-007 Request for
Preliminary Plat approval of 36 building lots and 7 other lots on 11.65
acres in an R-4 zone for Clearbrook Estates Subdivision by R. K.
Development, LLC - west of North Meridian Road and south of West
Ustick Road: tfl,-f-hJ.ri'l-e-t! to j)7'e-?~ -J:/? fell. {;,r- d.vn-I/J.-
13. Continued Public Hearing from July 15, 2003: VAR 03-012 Request
for a Variance to block length requirements for a block on the south side
of Clearbrook Street for Clearbrook Estates Subdivision by R.K.
Development, LLC - west of North Meridian Road and south of West
Ustick Road: t:&-f:.ftrrl\...e-;; fo pt'ej9tV>-f.. fl.t: ( ele f!rv denJa-6
14. Public Hearing: FP 03-038 Request to amend conditions of approval on
the final plat for Packard Acres NO.2 by the City of Meridian - east of
North Wingate Lane and south of East Ustick Road:
Z ~~ jJ I It,. ~ ~rJ'f- 1'2--( Z--rPo :6
15. Continued Public Hearing from June 24, 2003: Fire Department Plan
Review and Inspection Fees: C ovv-h';~ p / J.v !-l9 ~d 12-( ZtPo.:5
16. Water, Sewer and Trash Delinquencies: ~VLt:/
Meridian City Council Agenda - July 22, 2003 Page3 on
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabi lities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
?lro3~ '7 ffit <<j;/Puh Ltc.. ~otiCe - ( MMl ts !
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 22,2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Swearing-In Ceremony for six new Meridian Police Officers: Sara
Rutte, Eric Stoffle, Mark Zakarian, Greg Kortan, Serle Stokes, and
Geoff Rowe:
4. Consent Agenda:
A. Approve minutes of July 1,2003 Pre-Council Meeting:
B. Approve minutes of July 8, 2003 City Council Regular Meeting:
C. Approve minutes of July 8, 2003 Pre-Council Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
009 Request for Preliminary Plat approval of 12 building lots and 6
other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by
Bear Creek, LLC - north of West Victory Road and east of South
Stoddard Road:
E. Findings of Fact and Conclusions of Law for Approval: VAR
03-017 Request for a Variance to the cul-de-sac length
requirements in an R-4 zone for Bear Creek No.7 by Bear Creek,
LLC - north of West Victory Road and east of South Stoddard
Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
010 Request for annexation and zoning of 39.15 acres from RUT
to R-8(PD) zones for proposed Trailwav Park Subdivision by
Hillview Development Corporation - east of North Meridian Road
and south of East Blue Heron Lane:
Meridiall City Council Agenda - July 22, 2003 Page I 0 f 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 bours prior to the public meeting.
(
G. Findings- of Fact and Conclusions of Law for Approval: PP 03-
011 Request for Preliminary Plat approval of 161 building lots and
25 other lots on 39.15 acres in a proposed R-8(PD) zone for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue
Heron Lane:
H. Findings of Fact and Conclusions of Law for Approval: CUP
03-021 Request for a Conditional Use Permit for a Planned
Development for single-family residential use with reduced
setbacks, lot sizes, lot frontages, and house sizes in a proposed R-
8(PD) zone for proposed Trailwav Park Subdivision by Hillview
Development Corporation - east of North Meridian Road and south
of East Blue Heron Lane:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-027 Request for a Conditional Use Permit for approval for
dance studio use in an I-L zone at 269 East 5th Avenue for Sandy's
Dancework's by Sandy's Dancework's, LLC - 269 East 5th
Avenue:
J. Ten Mile Road Sewer Line Extension Latecomer Agreement,
Farwest, LLC - Lochsa Falls Subdivision:
K. Linder Road Water Line Extension Latecomer Agreement for
Farwest, LLC - Lochsa Falls Subdivision:
L. Finance Report:
5. Department Reports:
6. (Items Moved from Consent Agenda)
7.
Ordinance No.
Park Regulations Ordinance:
8.
Ordinance No.
Ordinance:
Revised Ethics Code
9. Tabled from July 15, 2003: FP 03-040 Request for Final Plat approval
of 77 building lots and 5 other lots on 26.84 acres in an R-4 (PD) zone for
Bridaetower Crossing No.4 by Primeland Development, LLP and Young
Lands - northeast corner of West McMillan Road and North Ten Mile
Road:
Meridian City Council Agenda ~ July 22, 2003 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888--4433 at least 48 hours prior to the public meeting.
10. FP 03-041 Request for Final Plat approval of 49 building lots and 3 other
lots on 17.08 acres in an R-4 zone for Messina Village No.2 by Tuscany
Development, Inc. - west of South Eagle Road, south of East Victory
Road:
11. Continued Public Hearing from July 17 2003: PFP 03-002 Request for
Preliminary I Final Plat approval of 3 building lots on 1.55 acres in an L-O
zone for Gaudrv Seeqmiller Subdivision by Gordon N. Anderson -
southeast corner of East Gala Street and South Millennium:
12. Continued Public Hearing from July 157 2003: PP 03-007 Request for
Preliminary Plat approval of 36 building lots and 7 other lots on 11.65
acres in an R.4 zone for Clearbrook Estates Subdivision by R.K.
Development, LLC - west of North Meridian Road and south of West
Ustick Road:
13. Continued Public Hearing from July 157 2003: VAR 03-012 Request
for a Variance to block length requirements for a block on the south side
of Clearbrook Street for Clearbrook Estates Subdivision by R.K.
Development, LLC - west of North Meridian Road and south of West
Ustick Road:
14. Public Hearing: FP 03-038 Request to amend conditions of approval on
the final plat for Packard Acres No.2 by the City of Meridian - east of
North Wingate Lane and south of East Ustick Road:
15. Continued Public Hearing from June 24, 2003: Fire Department Plan
Review and Inspection Fees:
16. Water, Sewer and Trash Delinquencies:
Meridian City Council Agenda - July 22, 2003 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
August 8, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
August 12, 2003
ITEM NO.
:'1- A.
REQUEST
Approve minutes of July 22, 2003 City Council Regular Meeting:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
tvrrF'
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 22,2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
x
X
Tammy de Weerd X
Cherie McCandless 0
X Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Swearing-In Ceremony for six new Meridian Police Officers: Sara
Rutte, Eric Stoffle, Mark Zakarian, Greg Kortan, Berle Stokes, and
Geoff Rowe:
4. Consent Agenda:
A. Approve minutes of July 1,2003 Pre-Council Meeting: Approve
B. Approve minutes of July 8, 2003 City Council Regular Meeting:
Approve
C. Approve minutes of July 8,2003 Pre-Council Meeting: Approve
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
009 Request for Preliminary Plat approval of 12 building lots and 6
other lots on 10,92 acres in an R-4 zone for Bear Creek No.7 by
Bear Creek, LLC - north of West Victory Road and east of South
Stoddard Road: Approve
E. Findings of Fact and Conclusions of Law for Approval: V AR
03-017 Request for a Variance to the cul-de-sac length
requirements in an R-4 zone for Bear Creek No.7 by Bear Creek,
LLC - north of West Victory Road and east of South Stoddard
Road: Approve
6-F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
010 Request for annexation and zoning of 39.15 acres from RUT
to R-8(PD) zones for proposed Trailwav Park Subdivision by
Meridian City Council Agenda - July 22, 2003 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Hillview 0 evelopment Corporation - east of North Meridian Road
and south of East Blue Heron Lane: Approve as Amended
6-G. Findings of Fact and Conclusions of Law for Approval: PP 03-
011 Request for Preliminary Plat approval of 161 building lots and
25 other lots on 39.15 acres in a proposed R-8(PD) zone for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue
Heron Lane: Approve as Amended
6-H. Findings of Fact and Conclusions of Law for Approval: CUP
03-021 Request for a Conditional Use Permit for a Planned
Development for single-family residential use with reduced
setbacks, lot sizes, lot frontages, and house sizes in a proposed R-
8(PD) zone for proposed Trailway Park Subdivision by Hillview
Development Corporation - east of North Meridian Road and south
of East Blue Heron Lane: Approve as Amended
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-027 Request for a Conditional Use Permit for approval for
dance studio use in an I-L zone at 269 East 5th Avenue for Sandy's
Dancework's by Sandy's Dancework's, LLC - 269 East 5th
Avenue: Approve
J. Ten Mile Road Sewer Line Extension Latecomer Agreement,
Farwest, LLC - Lochsa Falls Subdivision: Approve
K. Linder Road Water Line Extension Latecomer Agreement for
Farwest, LLC - Lochsa Falls Subdivision: Approve
L. Finance Report: Approve
5. Department Reports: None
6. (Items Moved from Consent Agenda) F, G, H
7.
Ordinance No.
Approve
03-1031
: Park Regulations Ordinance:
8.
Ordinance No. 03-1032
Ordinance: Approve
Revised Ethics Code
9. Tabled from July 15, 2003: FP 03-040 Request for Final Plat approval
of 77 building lots and 5 other lots on 26.84 acres in an R-4 (PO) zone for
Bridqetower Crossinq No.4 by Primeland Development, LLP and Young
Meridian City Council Agenda - July 22, 2003 Page 2 of 3
An materials presented at public meetings shan become property of the City of Meridian.
Anyone dcsiring 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.
Lands - northeast corner of West McMillan Road and North Ten Mile
Road: Approve
10. FP 03-041 Request for Final Plat approval of 49 building lots and 3 other
lots on 17.08 acres in an R-4 zone for Messina Villa~e No.2 by Tuscany
Development, Inc. - west of South Eagle Road, south of East Victory
Road: Approve
11. Continued Public Hearing from July 1, 2003: PFP 03-002 Request for
Preliminary / Final Plat approval of 3 building lots on 1.55 acres in an L-Q
zone for Gaudrv See~miller Subdivision by Gordon N. Anderson -
southeast corner of East Gala Street and South Millennium: Attorney to
Prepare Findings of Fact and Conclusions of Law for Approval
12. Continued Public Hearing from July 15, 2003: PP 03-007 Request for
Preliminary Plat approval of 36 building lots and 7 other lots on 11.65
acres in an R-4 zone for Clearbrook Estates Subdivision by R.K.
Development, LLC - west of North Meridian Road and south of West
Ustick Road: Attorney to Prepare Findings of Fact and Conclusions
of Law for Denial
13. Continued Public Hearing from July 15, 2003: VAR 03-012 Request
for a Variance to block length requirements for a block on the south side
of Clearbrook Street for Clearbrook Estates Subdivision by R.K.
Development, LLC - west of North Meridian Road and south of West
Ustick Road: Attorney to Prepare Findings of Fact and Conclusions
of Law for Denial
14. Public Hearing: FP 03-038 Request to amend conditions of approval on
the final plat for Packard Acres No.2 by the City of Meridian - east of
North Wingate Lane a nd south of East Ustick Road: Continue Public
Hearing to August 12, 2003
15. Continued Public Hearing from June 24, 2003: Fire Department Plan
Review and Inspection Fees: Continue Public Hearing to August 12,
2003
16. Water, Sewer and Trash Delinquencies: Approve
Meridian City Council Agenda - July 22, 2003 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council MeetinQ
July 22. 2003
The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on
Tuesday, July 22, 2003, by Mayor Robert Corrie.
Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, and Cherie
McCandless.
Members absent: Keith Bird.
Others Present: Bill Nichols, Will Berg, Brad Watson, Brad Hawkins-Clark, Doug
Strong, Mike Worley, Bill Musser, and Dean Willis.
Item 1.
Roll call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless 0 Keith Bird
X Mayor Robert Corrie
Corrie: Okay. I will open the Meridian City Council Regular Meeting on Tuesday, July
22,2003, at 7:15 P.M., and I would like to have roll call attendance, please, Mr. Berg.
Item 2.
Adoption of the Agenda:
Corrie: Okay. The second item on the agenda is the adoption of the agenda. I believe
you want to pull --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Yes. A request that we move Items 4F, G, and H to Item 6F, G, and H, other
than that, I would move to approve the agenda as presented.
McCandless: Second.
Corrie: All right. Motion has been made and seconded with the addition of the changes
to approve the adoption of the agenda. Any further discussion? Hearing none, all those
in favor say aye. All ayes. Motion carried.
MOTION CARRI ED: THREE AYES, ONE ABSENT
Item 3.
Swearing-In Ceremony for six new Meridian Police Officers: Sara
Rutte, Eric Stoffle, Mark Zakarian, Greg Kortan, Serle Stokes, and
Geoff Rowe:
Meridian City Council Meeting
July 22, 2003
Page 2 of 78
Corrie: At this time we were going to have a swearing in ceremony for six new Meridian
police officers. At this time Chief Worley.
Worley: Thank you, Mr. Mayor, Members of the Council, if we could have the officers
come in. We are swearing in six officers tonight, which will bring us up to full
complement. We also have seven officers, including myself, present in the room to
witness this ceremony and I was informed early by Lieutenant Overton that that's one
more police officer in this room than existed on the Meridian Police Department 15
years ago. We have grown a bit. If I could get you guys to step forward a little bit and
as we do this I will kind of move down behind you, so -- first we are going to give you a
little brief or a little biography of each officer. Kind of give you an idea of where they
came from, how they got here to Meridian, so Captain Bill Musser.
Musser: I'm going to start with Sara Rutte. Sara grew up in the military. Her father was
in the Marine Corps and as a result, she has lived in San Diego and EI Cahon,
California. Also in Spokane, Bremerton, and Silverdale and Bellingham in Washington.
She has two sisters, one of which has joined her here tonight. She attended Western
Washington University, graduated with her BA in education, and found her husband
Matt also while she was there. She taught high school English prior to beginning her
law enforcement career and she just recently graduated from the POST Academy and
was elected vice-president of her class. Sara has her husband Matt tonight attending
with her, along with her sister Michelle. The next officer is Officer Eric Stoffle. Eric has
worked at Pacific Publishing for 15 years, did a number of things while he was there,
working his way into becoming the editorial assistant where did a lot of editorial and
design tasks for a number of magazines. One of his hobbies that he's had through the
years here has been writing as well and he's published three children's books and co-
authored a junior devotional and two Christian adult novels. Prior to coming to the
Meridian Police Department Eric also worked as a detention officer in both Canyon and
Ada Counties. He has a BA in English and he also graduated from the POST Academy
just recently with honors as the top student in that class. The third officer is Mark
Zakarian. Mark grew up in California, is married, and has a 10-year old son. Mark has
a master's of science in management information systems and a BS in computer
studies and is also Microsoft certified systems engineer. Why he wanted to leave
computers and get into law enforcement we haven't figured out, but we sure welcome
him here. Mark's prior experience also includes being an analyst for clinical research
dealing with cancer and HIV. His wife is a licensed physician here in town. Mark is also
a recent graduate from the Idaho Peace Officers Standards and Training Academy and
one of the very few to go through on that academy that was able to max the physical
agility requirements for the academy. He had hoped to have his wife Mary Ann and his
son Samuel attend tonight, but both were occupied with other things, so they were
unable to attend. The fourth officer, Greg Kortan. Greg grew up in the Nampa area and
served in Desert Storm with U.S. Marines. He was enlisted for four years. He married
a young lady by the name of Heather Cushing in June of 1995 and, apparently, is living
a wee bit apart from his wife right now as she's completing her bachelor's in business
administration in Pocatello right now. He's a certified officer with an intermediate
certificate. He graduated from the law enforcement program at the College of Southern
Meridian City Council Meeting
July 22, 2003
Page 3 of 78
Idaho, went to work for Twin Falls Police Department, and, then, also attended the
police academy in 1996. -In 2000, he went to work for the Pocatello Police Department
where he has come from to join Meridian and his experiences include school resource
officer duties, field-training officer, and he was also a member of the honor guard for
both Twin Falls and Pocatello. His family members attending tonight are his wife
Heather, his mom and dad Larry and Pat, and also his in-laws Cleve and Merville.
Berle Stokes. Serle is originally from Texas where he lived -- he's lived in several states
as a result of his father's military career as well. He's lived in the Treasure Valley since
1989 and he's a graduate of Sorah High School and also Boise State University. He
has a SA in criminal justice. For the last five years, he has worked as a probation and
parole officer and as a narcotics K9 handler for the Idaho Department of Corrections.
Berle is married, been married so for 11 years, has a seven year old daughter and a
brand new three month old son. His wife Tracy is attending tonight, along with his
mother Carolyn and his daughter Ally and little Carson. Geoff Rowe. Geoff is our
newest member with the Meridian Police Department. He grew up in Pennsylvania and
Maryland when he was younger. He spent the last 20 years in the military, which
included service in the Air Force, the Marines, and Coast Guard. He recently retired out
of the Coast Guard as a lieutenant commander. He has a bachelor of science in
aviation management and he's also a licensed pilot. Prior to coming to the Meridian
Police Department Geoff lived in McCall and managed the airport there. Geoff is
divorced at this time. However, he has four daughters. He's very devoted to them.
Three of them are able to attend tonight, they will be helping dad put his badge on here
a little bit later, and those daughters are Brynn, Shannon, and Fallen.
Worley: Okay. Thank you, Bill. At this time, I'd invite Mayor Corrie to come and
administer the oath.
Corrie: Thank you, Chief. I'll stand up here. If you'll all, raise your right hand. Oh,
that's good. I get some people here that raise their left hand, so -- first off, let me
welcome you here. That's great. If you will say I, repeat your name and, then, repeat
after me. I, do solemnly swear or affirm, that I will support the Constitution of the United
States and the Constitution and laws of this state and will abide by the law enforcement
code of ethics, that I will faithfully discharge all duties of the position of police officer in
Meridian, Idaho, to the best of my ability, so help me God. Gentlemen, you're sworn in.
Congratulations.
Worley: Thank you, Mayor. Every organization, every culture has some special events
that are memorable moments and in law enforcement one of our memorable moments
is the first time that after the official swearing in that your badge is pinned on and we'd
like to invite friends and family members to do that. The folks that are designated to pin
on the badges, if you would come up and do that at this time. Ladies and gentlemen,
citizens of Meridian, I'd like to present your newest members of your Meridian Police
Department, Sara Rutte, Eric Stoffle, Mark Zakarian, Greg Kortan, Berle Stokes, and
Geoff Rower. Mr. Mayor, if I could have a moment?
Corrie: Certainly can.
Meridian City Council Meeting
July 22, 2003
Page 4 of 78
Worley: I'd like to take this opportunity, as many of you know, I'm leaving the end of
July.
Corrie: What?
Worley: I know I hadn't mentioned that to you guys. This is capping an almost 34 year
career in law enforcement in the Treasure Valley. Some of the best times have been
the last 22 months as the Chief of Meridian. This is an excellent community, you have
an excellent Police Department, and they are facing many challenges ahead as this city
grows, but you have some of the finest in the state here. Be very proud of them and
support them. I want to thank all of you for the support you have given me, especially
this Mayor and Council. Thank you.
Corrie: Chief, you have done a wonderful job for us. You did exactly what we asked
you to do and I think we will be talking to you again here in about next week. I can't tell
you why, but we'll be meeting again, believe me, before you leave. Anyone else from
the Council like to --
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I would like to say I guess it's only fitting that on his last meeting he shows
up in uniform.
Corrie: You said you weren't going to say that.
De Weerd: I do think--
Worley: And it's been 30 minutes since you promised that.
De Weerd: It looks great Mike, and I would like to commend you for a job well done. I
know our department is -- has stepped top to a new level under your leadership. I think
we are in very good hands. You're leaving the department in good hands. I can't say
enough about what you have done with the department and through your leadership
and how much it's appreciated and just the caliper of the candidates of the new officers
that were sworn in today is a great example of the reputation that we have and how we
can attract such great qualified young men and women. Thank you very much.
Worley: Thank you, Councilwoman de Weerd.
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
Meridian Cily Council Meeting
July 22, 2003
Page 5 of 78
McCandless: Chief, we are going to miss you a lot. We do appreciate everything you
have done in the two years you have been here. Thank you so much for your service.
Worley: Thank you. It's been a great pleasure.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Hate to be the only one not to say anything, so -- I would echo the same, though,
Chief. The legacy you have left the department and what you have brought to this
department isn't going to be forgotten and the citizens of Meridian are better off that you
were here and we are sorry to see you go.
Worley: Thank you.
Item 4.
Consent Agenda:
A. Approve minutes of July 1, 2003 Pre-Council Meeting:
B. Approve minutes of July 8,2003 City Council Regular Meeting:
C. Approve minutes of July 8, 2003 Pre-Council Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PP 03-
009 Request for Preliminary Plat approval of 12 building lots and 6
other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by
Bear Creek, LLC - north of West Victory Road and east of South
Stoddard Road:
E. Findings of Fact and Conclusions of Law for Approval: VAR
03-017 Request for a Variance to the cul-de-sac length
requirements in an R-4 zone for Bear Creek No.7 by Bear Creek,
LLC - north of West Victory Road and east of South Stoddard
Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-027 Request for a Conditional Use Permit for approval for
dance studio use in an I-L zone at 269 East 5th Avenue for Sandy's
Dancework's by Sandy's Dancework's, LLC - 269 East 5th
Avenue:
J. Ten Mile Road Sewer Line Extension Latecomer Agreement,
Farwest, LLC - Lochsa Falls Subdivision:
Meridian City Council Meeting
July 22. 2003
Page 6 of 78
K. Linder Road Water Line Extension Latecomer Agreement for
Farwest, LLC - Lochsa Falls Subdivision:
L Finance Report:
Corrie: Okay. The next item is the Consent Agenda and we noted that we are pulling
Items A -- or, excuse me, Items 4F, G, and H, to be on the items moved from the
agenda. Is there any other discussion on the Consent Agenda?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the Consent Agenda with the removal of F, G, and
H and authorize the Mayor to sign and Clerk to attest all appropriate papers.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda,
except for Items F, G, and H, which were removed to Item Number 6. Hearing none,
roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 5.
Department Reports:
Corrie: The next item is the department reports. Do we have any department reports at
this time?
Item 6.
(Items Moved from Consent Agenda)
F. Findings of Fact and Conclusions of Law for Approval: AZ 03-
010 Request for annexation and zoning of 39.15 acres from RUT
to R-8(PD) zones for proposed Trailwav Park Subdivision by
Hillview Development Corporation - east of North Meridian Road
and south of East Blue Heron Lane:
G. Findings of Fact and Conclusions of Law for Approval: PP 03-
011 Request for Preliminary Plat approval of 161 building lots and
25 other lots on 39.15 acres in a proposed R-8(PD) zone for
proposed Trailway Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue
Heron Lane:
Meridian City Council Meeting
Jury 22. 2003
Page 7 of 78
H. Findings of Fact and Conclusions of Law for Approval: CUP
03-021 Request for a Conditional Use Permit for a Planned
Development for single-family residential use with reduced
setbacks, lot sizes, lot frontages, and house sizes in a proposed R-
8(PD) zone for proposed Trailway Park Subdivision by HilJview
Development Corporation - east of North Meridian Road and south
of East Blue Heron Lane:
Corrie: Okay. Thank you. Then items removed from the Consent Agenda, Items 4F,
G, and H. Those were asked by the attorney to also -- so, Bill, if you would like to tell us
about that.
Nichols: Mr. Mayor, Members of the Council, in the package you have a position
statement from the applicant Hillview Development. The applicant's representative is
here. Just to go down through those, we need some clarification with regard to the
findings. If I can just address those from the position statement. The position statement
was directed in a draft. The first two items in the position statement have already been
corrected and you can see that from your packet. The third item we would agree there
is a spelling error that needs to be corrected. The fourth item, this is a meeting I did not
attend and so I'm not sure, you know, what the Council's direction was on that. That's
Section 12 on Page 15, which refers to a cul-de-sac and the position statement
indicates that there was an island removed from the cul-de-sac and, therefore, that
condition should be deleted. There is another typo correction on Section 6, Page 15.
Then, the substantive item has to do with Section D-2, which has to do with pathways.
We have had this discussion before with regard to pathways along Nampa-Meridian
Irrigation District facilities and along some of those facilities the Irrigation District wants
to have a License Agreement with the City of Meridian, even though the pathway may
not be a Meridian pathway. We had proposed some language some months ago to
take care of that situation and I believe that the condition says if the Nampa-Meridian
Irrigation District requires a License agreement, then, we would ask for an indemnity
agreement from the homeowners association with regard to liability and maintenance
and I believe Ms. Bowcutt is prepared to address that issue. The position statement
indicates that they don't want to be put in the -- in between the city and the irrigation
district and do not want to give up the land holder liability exemption, which I don't
believe that an agreement throws that away, but, anyway, she's prepared to address
that issue.
Corrie: Is the representative here? Thank you.
McKay: Becky McKay. Mr. Mayor, Members of the Council, it's just a clarification. We
always struggle with Nampa-Meridian or any of the irrigation districts as far as the
pathways are concerned. John Anderson of Nampa-Meridian indicated to me verbally
that they would require that the city enter into that pathway agreement like you did on
Five Mile Creek, which indemnifies the district. I guess our concern is if, according to
Mr. Anderson, we cannot have a private pathway owned by the association -- because I
asked him that very question, I said could this be a private pathway that our association
Meridian City Council Meeting
July 22, 2003
Page 8 of 78
owned and maintained and he said, no, it would have to be a city pathway. This is a
designated pathway on- your Comprehensive Plan map, your pathway plan, and your
Parks Comp Plan. We feel that we just need the option of constructing this to park's
department standards as designated by Doug Strong I think in his earlier memo, so that
the city could, then, enter into the agreement that Nampa-Meridian requires to protect
them or indemnity them. My interpretation of the way this was worded was that we
didn't have that option, that this pathway would be private and that the burden would be
on the association. If Nampa-Meridian does not accept that, I need the option of
building this to park standards and making this public. Do you follow me? Because the
debate was between -- was concerning the graveL I think we proposed 10-foot gravel
with two-foot shoulders on both sides to give Nampa-Meridian a 14-foot hard travel
surface. I believe Doug's comment was he wanted five feet gravel on each side and,
then, a ten foot path; is that correct, Doug? We were concerned that we would not have
the room to make those gravel shoulders that wide, but we may not have a choice if I
don't get Nampa-Meridian and their board to cooperate with us. I just want the option --
either way the pathway will take place. I'm not asking for a waiver of that. I'm only
asking the opportunity to make it public or private.
Corrie: Questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: And maybe I'm looking at the wrong one, but you cited 0-2, Mrs. McKay, in your
position statement and when I look at that one, I guess I'm looking at the wrong page.
McKay: It's E-2.
Nary: It's E-2. Okay.
McKay: It's E-2. Yes.
Nary: Okay. I'm sorry.
McKay: It was -- that was a typo.
Nary: Oh. Okay.
McKay: Yes. That's correct. It is E-2.
Nichols: Mr. Mayor, Members of the Council, it depends on which set of findings you're
looking at. Under 4-F it's D-2.
Nary: So, Mrs. McKay, are you wanting, basically, us to delete that entire condition or
just --
MerJdian City Council Meeting
July 22, 2003
Page 9 of 78
McKay: Just change the wording.
Nary: Just change the wording.
McKay: Just alter the wording so that we have that option of making this -- if we design
and build to park standards, that, then, the city would -- the Parks Department would
enter into the pathway agreement, indemnifying the district like they did with Five Mile
Creek. The License Agreement -- I think Mr. Nichols and I discussed, we'd still enter
into the license agreement, because we would be the entity installing the pathway, so I
guess there is a difference between the two documents, they are not one and the same.
I just don't want to be backed into a corner and be back here in three months time
saying that Nampa-Meridian will not cooperate with me and will not allow this to be
installed, because our association is going to be the owner and maintenance -- or have
the responsibility of ownership and maintenance. I think the first line, if you want some
rewording, the applicant shall be required to build the pathway, -- I don't know where the
12 feet came from. That would be minimum the 10 asphalt with at least two feet gravel
each side, that would be according to Nampa-Meridian Irrigation District standards,
because the park's standard was 10, 5, and 5. If you change that and left everything
intact and, then, said or construct a pathway to 10-foot asphalt, five feet gravel both
sides; according to Parks Department standards, entering into a license agreement with
Nampa-Meridian for design and installation and, then, the city working with the applicant
Nampa-Meridian on the pathway agreement. I guess all Nampa-Meridian is asking is
that they use that same agreement that you guys have entered into in the past. I don't
believe they are deviating from their position, they are just telling me they don't want a
bunch of associations owning these pathways that are designated for multi-use,
because this is not like a micropath.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Brad, is all of that language requested -- nice to see you, by the way. Haven't
seen you in awhile but are these changes as requested, is that adequate?
Hawkins-Clark: I believe so. If I could just suggest a change in wording is just to
eliminate the reference to the dimensions altogether and just refer to the Parks
Department standards.
Corrie: That would probably satisfy it better. Okay. Any other questions? Okay.
McKay: Thank you.
Corrie: Thank you, Becky.
Nary: Mr. Mayor?
Meridian City Council Meeting
July 22. 2003
Page 10 of 78
Corrie: Mr. Nary.
Nary: I'm going to move that we approve -- and I think we can do it this way. I guess
Mr. Nichols will stop me if I'm wrong. I'm going to move that we approve Items 6F, G
and H to include all staff members, findings as presented, including the amended
request -- or requested amendments proposed by the position statement of the
applicant dated the 18th of July 2003. With the amended changes to items -- the item
regarding the pathway, since it does vary from each document, whether it's D-2 or E-2,
to amend that section to eliminate the dimensions of the pathway. Insert the comment
as stated on the record by Ms. McKay and confirmed by Mr. Hawkins-Clark that the
pathways can be built to Nampa-Meridian Irrigation District standards. To use the
standard language in regards to a licensing agreement to require that if it isn't done to
those standards, it will be done to the Park's Department standards, as stated by Ms.
McKay. That we could probably eliminate the last line about the homeowners
association is responsible for maintenance, ownership, and upkeep of the pathway,
since it will be a public pathway. To include the remainder of staff comments and for I
guess approval.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: Three ayes. Motion is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 7.
Ordinance No.
: Park Regulations Ordinance:
Corrie: Now, we are down to Item Number 7, which is an Ordinance Number 03-1031,
Parks Regulation Ordinance. I'd like to have the City Clerk read the parks regulation
ordinance 03-1031 by title only.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1031, an
ordinance of the City of Meridian enacting a new Chapter 2 of Title 13 Parks, to be
known as Parks Regulations, providing for the following sections: Definitions. Motor
vehicles in parks. Alcoholic beverages. Preservation of facilities. Hours of park
operations. Closure by order of the director. Camping. Animals in city parks. Damage
to park property. Exclusions and trespass in city parks. Providing for repealing of
Sections 3-2-6A, 8-7-1, and 8-7-1 E, providing for severability, conflict, validity, savings
clause, and providing for an effective date.
Meridian City Council Meeting
July 22, 2003
Page 11 of 78
Corrie: Okay. You have heard the reading of Ordinance Number 03-1031 by title only.
Is there anyone from the audience that would like to have it read in its entirety? Okay.
Hearing none, I will entertain a motion to Ordinance Number 03-1031.
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: I move that we approve Ordinance Number 03-1031, the parks regulation
ordinance with suspension of rules.
De Weerd: Second.
Nary: Mr. Mayor?
Corrie: Mr. Nary. Motion made and seconded. Mr. Nary.
Nary: Thank you. Mr. Mayor could we -- would the maker of the motion consider
amending Section 7, date of effect of this ordinance, and changing the date to
September 1, 2003? I discussed prior to the meeting with both Mr. Strong and Captain
Musser of the Police Department moving the enforcement date of this ordinance back a
little bit from just approval and publication, to allow some opportunity for some
education of the public. This is a fairly comprehensive ordinance and some change to
what's been in the past. They felt, one, that would be an opportunity to get all the
enforcement mechanism and tools in place, as well as to get a lot of public education,
so that they understand what's coming and what the impact's going to be on the users
of the facilities. They felt September 1st was adequate time to be able to get all that
accomplished.
McCandless: Motion agrees.
De Weerd: Second agrees.
Corrie: Okay. The motion is made to have Ordinance Number 03-1031 be effective in
September. Any further discussion? Roll call vote, Mr. Berg.
Berg: Mr. Mayor, just a clarification. Then, we are changing Section 7 to this ordinance
shall be in force September 1, 2003?
Corrie: Right. Thank you.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: Okay. Three ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Meridian City Council Meeting
July 22, 2003
Page 12 of 78
Item 8.
Ordinance No.
Ordinance:
Revised Ethics Code
Corrie: Number 8 is Ordinance Number 03-1032. This is a revised ethics code
ordinance. At this time I'd like to have the City Clerk read Ordinance 03-1032, revised
ethics code ordinance by title only at this time.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1032, an
ordinance of the City of Meridian amending Section 7, 8 and 11 A and B of Chapter 14
of Title 1, Ethics in Government and nepotism of the Meridian City Code to provide for
the Idaho Code language provisions after each statute and to provide for the deletion of
the words special interest and to replace it with the word personal interest, providing
validity, providing a savings clause, and providing for an effective date.
Corrie: Okay. You have heard the reading of Ordinance Number 03-1032, revised
ethics code ordinance. Is there anyone from the audience who would like to have it
read in its entirety? Okay. Hearing none, I will entertain a motion on the ordinance.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move the approval of Ordinance Number 03-1032, revised Ethics Code
Ordinance, and to suspend the rules pursuant to Idaho Code.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 03-
1032 with suspension of rules. Further discussion? Roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: Okay. Ordinance is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 9.
Tabled from July 15, 2003: FP 03-040 Request for Final Plat approval
of 77 bullding lots and 5 other lots on 26.84 acres in an R-4 (PD) zone for
BridQetower Crossing No.4 by Primeland Development, LLP and Young
Lands - northeast corner of West McMillan Road and North Ten Mile
Road:
Corrie: Now, Item Number 9 is tabled from July 15, 2003. It is FP 03-040, request for
Final Plat approval for 77 building lots, and five other lots on 26.84 acres in an R-4 PD.
zone for Bridgetower Crossing Number 4 by Primeland Development, LLP, and Young
Meridian City Council Meeling
July 22, 2003
Page 13 of 78
Lands, northeast corner of West McMillan Road and north of Ten Mile Road. At this
time, I would like to have Planning and Zoning director.
Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This Final Plat is a
part of the Bridgetower Crossing Preliminary Plat that was approved a couple of years
ago. This phase, which is Phase Number 4, is located down in this southeast corner of
the project. Ustick Road lies here on the south side of the subdivision. The platted lots
that you see here are part of Bridgetower Subdivision and Bridgetower Crossing phase
one, so this would be immediately north of that. Shown here on the screen is the Final
Plat as submitted by the applicant for approval. I will go to the next slide, just so you
can see there is a slight variation from the approved Preliminary Plat, which is this area
here. The Creason Lateral does course the -- this phase here to the south. It separates
them. It is piped, so they are proposing to use that as common open space area. This
cul-de-sac -- part of what instigated the change to the Final Plat, I believe, was as their
engineers looked at storm water and needing to sort of re-designate where the storm
water retention areas were going to be located and so they have created a little bit more
open space to accommodate that. Part of that was extending this block in the middle,
extending it a little bit more to the north and eliminating this cul-de-sac, creating some
open space. That's what you see here. Here is the open space lot. This block in the
middle is what has changed the most. They do -- they have widened the access into
this Creason Lateral open space lot. That will be opened to the residence of the
subdivision for use. That is a little bit wider. We think that's a better feature for this
phase, as well as the open space. We have reviewed it, think that the plat is in
substantial conformance, and we do recommend approval. There is one condition that I
would draw your attention to on Page 3, Item Number 9 deals with the revision of a plat
note. Plat note Number 14 addresses the setbacks for the houses in the subdivision
and the staff report says to revise it to a 10-foot setback for two story. However, that --
that was a -- this was a Planned Development and as a part of the planned
development they did get approval for seven foot setbacks. I would just change that.
We are making -- just basically making that complies with the Conditional Use Permit
that runs with this land. Other than that, I think all of the conditions have been agreed to
by the applicant.
Corrie: Okay. Any questions of staff? Okay. Is the applicant or representative here
this evening?
McKay: Becky McKay. I'm representing the applicant in this matter. As Brad indicated,
we have reviewed the staff report. We have responded in writing and I believe we are
in agreement. The only one that we had any issue with was site-specific requirement
Number 9 and that was the issue concerning the setbacks. The confusion has arisen --
we had three Preliminary Plats, three separate Preliminary Plats on the Bridgetower
project, we had, I believe, three planned developments, one under the old ordinance
and the Bridgetower Crossing and Bridgetower Crossing East were under the new
planned development ordinance. The staff has indicated that the ten foot two story
setback is applicable, but I guess my recollection of the original PUD is we had asked
for a deviation in setbacks. Nonetheless, I think that's irrelevant, because of the new
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July 22, 2003
Page 14 of 78
ordinance that -- Ordinance Number 03-1001, which allows now for a five yard interior
side setback, whether it be single story or two story. Usually, on our plats it specifies
building setbacks, dimensional standards in the subdivision shall be in compliance with
the applicable zoning regulation of the City of Meridian or specifically approved under
ACU and the applicable setbacks would be those setbacks on the underlying zone at
the time of the issuance of the Building Permit. At least that's my opinion. The setback
issue -- I know Mr. Nichols may correct me, but I don't think it's a -- we have an issue,
since the zoning designation or the setbacks for the R-4 zone have changed.
Corrie: Mr. Nichols?
Nichols: Mr. Mayor, question of Brad, if I may.
Corrie: Okay.
Nichols: Brad, I thought I heard you say that staff was agreeing that site-specific
comment Number 9 was in error. Is that correct?
Hawkins-Clark: Mr. Nichols, Mayor, Members of the Council, that's correct. I think the
difference is that I -- I had suggested that we have the setbacks apply that the planned
development was approved with, which was the seven foot --
McKay: For two story.
Hawkins-Clark: For two story. Right. Seven feet for a two story structure, whereas Ms.
McKay is suggesting that we go with the ordinance that was adopted after approval of
the Preliminary Plat, which says they can do five foot for a two story. I guess I -- you
know, I don't see any problem with that. I think that most of the time the plat note states
that when they come in for a Building Permit they will comply with the ordinances that
are in place at the time. We did amend our ordinance to say that five foot is allowed as
a setback for a two-story structure in the R-4 and the R-8 zones. I guess what I'm
saying is I think to just state that the note Number 14 really -- because I think we are in
agreement, could just state -- could go away or, really, the need to have a note that
says that buildings will comply with the ordinances that are in effect at the time.
Nichols: Mr. Mayor, Members of the Council, it looks like I got out of having to answer a
question, but I think -- I think it still needs to be -- the setbacks still need to be indicated
on the plat. Since the ordinance may change after this Final Plat is approved, it would
be best to designate them as the five feet as contained in the ordinance, just because
you could have -- certainly, I don't think Ms. McKay is contending that if we passed a
new ordinance that said they were 20 foot side yard setbacks in the future. That she
would -- the builders would have to comply with that. I think I'd ask that you indicate in
your motion to approve that they are five-foot side yard setbacks.
Nary: Mr. Mayor?
Meridian City Council Meeting
July 22. 2003
Page 15 of 78
Corrie: Mr. Nary.
Nary: I guess what I thought, though, I guess I thought I heard what the issue was, that
I'm unclear on, is that when it was approved as a PUD, it was approved with seven foot
setbacks.
McKay: Yes, sir.
Nary: Which was a reduction at the time.
McKay: Yes, sir.
Nary: And so I guess I'm a little confused as to -- if we are going to apply the standard
of the ordinance that's in place at the time, why wouldn't -- at this time when we approve
the Final Plat, why wouldn't we apply the standard of what this was approved at, which
was different than the ordinance -- it was less than the ordinance that was at the time
when the PUD was approved. Why would we -- why are we changing the standard?
McKay: Well, I guess, typically, what we see, Councilman Nary is the base zone
setbacks are imposed at the time of issuance of the Building Permit. If those setbacks
happen to change, then, we -- you would see a change in that setback that's imposed,
say like with a side yard setback. If the base zone setback is less than the one that was
granted on the original PUD, would you not be able to go to what the base zone is? It
would be -- you're more restrictive, it's not going the other way.
Nary: Right.
McKay: So I guess we are just--
Nary: But you agreed to that. At the time the PUD was approved --
McKay: Yes, sir.
Nary: -- you agreed to the seven-foot setback.
McKay: Yes, sir.
Nary: And as Mr. Nichols said at the end, if we change the setback requirements and
increase them, you wouldn't feel bound to that, so --
McKay: We would have difficulty probably meeting them if they were 20 feet, yes, sir.
Nary: Sure. Absolutely. Absolutely. You would -- and you probably wouldn't feel you
were really bound to that, because you had agreed to seven feet. If we changed it back
to ten -- or never changed the ordinance to make it five, you would feel you were bound
Meridian City Council Meeting
July 22, 2003
Page 16 of 78
to seven. I guess I'm a little unclear as to why we would change it from seven, even
though the ordinance has-changed, because that's what you agreed to.
McKay: I guess that's probably a legal question. I've never had this arise. I've never
had anybody reduce our side yard setbacks that were less than what we had asked for
under a PUD.
Nary: Right.
McKay: So, the more I thought about it--
Nary: But since you wouldn't be bound by it if we hadn't changed it, why should we
change it --
McKay: Why should it deviate?
Nary: Right. I mean I agree now your next phase would probably be bound by the five,
right. If it's not -- I don't know if that was all inclusive, because I remember this was a
very confusing PUD and we did --
McKay: It was the first one.
Nary: Right. We did parts, we didn't do parts, and so I don't know whether --
McKay: So, I guess if the Council would like to see this particular phase be seven foot
for two story, five foot for single story, we could live with that. We just don't want the
ten-foot, because that's not what --
Nary: Right. I'm not trying to create, you know, a double standard or anything.
McKay: Sure.
Nary: Or making it more complicated. I just -- I guess I'm thinking for the sake of
consistency that we do try to -- try on occasion to be consistent with how we do this and
I can't -- I just can't for the life of me figure out how we would simply just change that,
because the ordinance changed, without -- I don't know, I guess we could amend --
McKay: Amending the PUD or something like that.
Nary: I guess we would have to -- I don't know. Would we amend the PUD? I don't
know how -- we've never had that come up, so I don't know.
McKay: I mean that's -- you know, the base -- the base zone is what usually applies.
Nary: Sure.
Meridian City Council Meeting
July 22, 2003
Page 17 of78
McKay: So, it draws to reason, I guess from my reasoning, that if the base zone
setback is less than the-one imposed, because at the time the setback was greater than
what was requested, then, you would have the option to resort back. For example, if I
have a subdivision next door to this one and they did not do a PUD, they are just a
standard R-4 subdivision, they could have a five foot side yard setback whether they be
single story or two story, but, yet, because we did the PUD, we can't revert back to the
base zone setback.
Nary: And I guess my -- I guess my problem is is f also agree with Mr. Nichols that it's
very helpful on the plat to indicate what the building envelopes are.
McKay: I agree a hundred percent.
Nary: And so in this situation, I don't know how we would ever clarify if a person were to
look at the PUD and what was approved and the minutes that were -- all of it would
reflect seven feet, then, we would have a plat note that says five, with no explanation as
how we gotthere. To me --
McKay: Okay. Would you recommend, then, the seven-foot remain for all subsequent
phases on are we talking just this phase?
Nary: Well that I don't know. I don't know if the PUD was for all the phases or just this
one, because, like I said, I remember how confusing that was.
McKay: We had two PUDs.
Nary: And, you know, I guess to me I wouldn't have as big a concern if we were saying
comply with the zone and the ordinance that -- when the Building Permits are
requested.
McKay: Issued.
Nary: Or issued. f also understand the dilemma of not putting those -- those building
setbacks on the plat. I guess I don't really have an answer to that, I just am concerned
in simply just changing it without any way to explain how did we get there and whether
or not there was any --
McKay: I guess you could also state that the R-4 setbacks will apply and, then, you
would list the setbacks. I believe the Building Department appreciates that we do list
the setbacks, especially where we have the PUDs, because it was very confusing for
them at the time, because you had different setbacks for different subdivisions.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
Meridian City Council Meeting
July 22, 2003
Page 18 of 78
De Weerd: I agree with Councilman Nary's point and I think you do need it on a
notation on the plat, because if it changes and you have one neighbor who had to have
one standard and, then, they are building next door with another standard, I think you
just need to set a standard for the whole phase. At least that. Otherwise, it can
become a nightmare if there is a difference that's too dramatic.
McKay: Okay. Is the Council requiring that we leave it at the originally approved PUD
setbacks, unless otherwise approved through an amendment of the PUD? Is that what
you're getting at?
Nary: What are getting at, Brad? I don't know.
Corrie: I don't think so, unless I'm following this road map wrong.
Hawkins-Clark: I guess my interpretation is that, yes, that's exactly what you're getting
at, is that you would prefer to see all of the houses in Bridgetower Crossing Subdivision
have a consistent side setback. Well, there is some difference between maybe this
phase or maybe the whole subdivision. Certainly, there is a desire, from what I'm
hearing, to have all the houses have seven-foot side setbacks. If you say that they can
construct to the base zone, some may have five foot setbacks, some could have seven
foot side setbacks, and what I'm hearing is you're saying to construct all of them to the
PUD required side setback, which is seven.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Brad, I'm confused more than when we started. Is the PUD setback a straight
seven, whether it's two or one story, or was it seven for two story and five for one?
Hawkins-Clark: Correct. The latter.
Nichols: Okay.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: There certainly must be a process for us to amend that so future phases could be
in compliance with that or have an amendment to the PUD in some fashion, so that we
are clear going forward. Because I think Council Member de Weerd's point is well taken
that, you know if we have it different for this phase, you're going to have people in one
phase having a different standard than the people in the other phases. That's okay, as
long as they have some way to see why that was different and some way to do that. I'd
hate to have them point to this conversation to figure that out and I'm not sure how else
to make it clear to people why we changed it, so -- I mean we changed it because the
Meridian City Council Meeting
July 22, 2003
Page 19 of 78
ordinance changed for everybody and that's fine, but we've never had that real
discussion. I'd hate to -just change it without having some way to track that, because
there are people that do that, they'll go and make sure how -- why it was changed and
when it was changed, so -- but I don't know, we don't normally have people come and
amend PUDs either, so --
Hawkins-Clark: No. That's correct. I guess -- I think that, Councilman Nary, we could
address this at the Final Plats, as we are doing with this phase, although I think it would
be helpful for staff in writing future staff reports to know the direction of the Council for
these next future phases.
McKay: But this isn't the only subdivision with that seven foot two story side yard
setback. I think Lochsa Falls, Havasu Creek, are also the same. This issue will come
up again.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I think you just have to live with the standards that were in place at the time
that the application went through and it needs to be noted on the plat, so everyone
knows the rules that they are dealing with.
McKay: Understood.
Corrie: Okay. Any other--
De Weerd: We'd have a nightmare if we didn't do it that way.
Nary: Yes. I agree. I guess my only concern is to make sure we continue to do it that
way.
De Weerd: Yes.
Nary: Because Mrs. McKay is going to be very bothered if we change it for somebody
else, so --
De Weerd: So, this note will -- or staff will take note on that one.
Nary: Well, yes, if we could at least figure out some way to make that process cleaner,
so that if we do want to change that, we have a way to change that fairly. You know, I
guess in the past we just thought we'd fix things at the Final Plat stage and I'm not sure
that's the best place to do that.
Meridian City Council Meeting
July 22, 2003
Page 20 of 78
McKay: Yes. Probably the cleanest way would be to do an amendment to the PUD. If
a developer was insistent-that these new standard R-4 setbacks needed to apply to his
development, he could come back through with a minor amendment before the Council.
Nary: Would you like us to set this over to give you that opportunity if that --
McKay: No. With this, one I think we will go ahead -- I mean it was designed to be able
to handle the seven-foot side yard setback if you had a two-story home, so I'd like to
proceed forward and, then, leave it up to the applicant. If they would like to change their
original planned development, I'll take your message back to them and they can either
live with it or proceed with some application.
Nary: Great.
McKay: Thank you.
Corrie: Thank you. Okay. That being said, I'll entertain a motion on the Final Plat.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I'd move we approve FP 03-040, the request for Final Plat approval of 77 building
lots and five other lots on 26.84 acres in an R-4 PD zone for Bridgetower Crossing No.
4 by Primeland Development and Young Lands. Northeast corner of West McMillan
Road and North Ten Mile Road, to include all staff comments. To include the
comments of the applicant, as well as amendment of condition 9 -- appears to be the
third bullet that would reflect now the revised Number 14 to read five foot single story
and seven foot two story and for Findings of Facts and Conclusions of Law, Decision
and Order.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: Okay. All ayes. Motion is approved.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10.
FP 03-041 Request for Final Plat approval of 49 building lots and 3 other
lots on 17.08 acres in an R-4 zone for Messina Village No.2 by Tuscany
Development, Inc. - west of South Eagle Road, south of East Victory
Road:
MerIdian CIty Council Meeting
July 22, 2003
Page 21 of78
Corrie: Item Number 10 is a request for Final Plat approval of 49 building lots and three
other lots on 17.08 acres in an R-4 zone by Messina Village Number 2 by Tuscany
Development, Inc., west of South Eagle Road and south of East Victory Road. Invite
staff's comments first.
Hawkins-Clark: Mr. Mayor, Members of the Council, this is the second phase for
Messina Village Subdivision. South Eagle Road is on the eastern boundary. The half-
mile between Victory and Amity is across the full south boundary of their project. Phase
one did have frontage on Eagle Road and this second phase is coming back towards
the west. Here is a copy of the Final Plat that was submitted. It is -- does substantially
comply with the Preliminary Plat. The density that they have in this phase is 2.8
dwelling units per acre. They do have a couple of large open space storm water lots.
One of them is here in the northwest corner. The future elementary school lot is
immediately north of this East Rome Drive. Then, the larger open space lot is centered
here. We are recommending that our -- since Ada County Highway District is requiring
a blanket easement for storm water maintenance on that and they may need to
potentially construct a vehicular access through the middle of this open space lot. We
are asking that if that happens it not be gravel, which I believe the Ada County Highway
District standards would allow for -- just as long as it supports their maintenance
vehicles, so we are asking if they require that, that it be paved and that's addressed in
our condition Number 4 in our staff report. I don't think there are any other changes or
modifications to our report, so I will stand for any questions.
Corrie: Okay. Thank you, Brad. Any questions of staff? Okay. Is the applicant here
this evening?
Brown: Mr. Mayor, Kent Brown representing the applicant, and we agree with the
conditions of approval.
De Weerd: Too easy.
Corrie: Thank you. Any questions?
De Weerd: I have none.
Corrie: Okay. I'll entertain a motion, then, on the request for Final Plat 03-041.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the request for Final Plat of 49 building lots and
three other lots on 17.08 acres in an R-4 zone for Messina Village No. 2 by Tuscany
Development, Inc., and to include all staff comments and ask the attorney to draw up
Findings of Facts and Conclusions of Law and Decision and Order.
Meridian City Council Meeting
July 22, 2003
Page 22 of 78
Nary: Second.
Corrie: Okay. Motion has been made and seconded to approve the Final Plat 03-041 .
Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, nay; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: Okay. Under the circumstances, two ayes, one nay, one absent. The request
for final Plat is approved.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
Item 11.
Continued Public Hearing from July 1, 2003: PFP 03-002 Request for
Preliminary / final Plat approval of 3 building lots on 1.55 acres in an L-O
zone for Gaudrv See~miller Subdivision by Gordon N. Anderson -
southeast corner of East Gala Street and South Millennium:
Corrie: Number 11 is a continued Public Hearing from July 1, 2003. This is a request
for a preliminary/final Plat approval of three building lots on 1.55 acres in an L-O zone
for Seegmiller Subdivision by Gordon A. Anderson, southeast corner of East Gala
Street and South Millennium. At this time, I will open the continued Public Hearing and
invite staff's comments.
Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This subdivision
preliminary/final Plat you did receive a staff report at your -- let's see, which -- that was
your July 1 st meeting. However, the applicant was not here to give a presentation, so
you continued it to this date. r could go through and hit the highlights or, if you feel like
you have already got enough of the background, since staff has already put our staff
report onto the record, we could just allow the applicant to address it. You have
received, since that July 1 hearing, a memorandum -- a legal memorandum that I show
received by the city clerk today, submitted by David E. Wishney, attorney, and I point
that out. You also did receive a letter from G.L. Voigt Development Company, Eric
Wanal, I believe, is that last name, that addresses some of the CC&Rs. Essentially, I
think the point of discussion tonight, other than the preliminary/final Plat basic
standards itself revolves around the Planning and Zoning Commission condition that
was forwarded onto you that the three lots of this subdivision provide vehicular cross-
access to adjacent lots and that's, I believe, the essence of the memorandum. Staff,
neither Public Works, nor Planning and Zoning, have had the opportunity to review the
memorandum submitted today, but I believe probably the central issue is with these
three lots that do all take access off of South Millennium Way and this is a reminder we
do have the Mountain View High School is -- takes access off Millennium Way. There is
one -- or there are two lots that actually abut the high school lot and, then, this lot that
we are talking about tonight is here on the corner of Millennium and Gala. When this
Resolution Subdivision came through the city in '99, there was a planned development
approved and that had the ice hockey arena, as you may recall, here at this -- this lot at
Meridian City Council Meeting
July 22, 2003
Page 23 of 78
the southeast corner. There was also a detailed Conditional Use Permit for an
apartment complex on this 14 acre lot here and other than those two, the rest of the lots
were conceptual in nature and they were required to come through with a Conditional
Use Permit for all future uses. You have seen a couple of those Conditional Use
Permits. There is a -- I believe a Treasure Valley Pediatrics and a couple of the multi-
tenant shell buildings here on this lot. Again, I think the issue revolves around the
requirement the P&Z Commission placed to have cross-access not just between these
three lots, which are the Gaudry Seegmiller resubdivision, but also to this lot to the east,
as well as to the flag lot to the south. Planning and Zoning Commission revisited this
two weeks ago when a dental clinic was proposed as a Conditional Use Permit on Lot 1
of Gaudry Seegmiller Subdivision, which is this north -- this rectangular shaped lot.
There was a lot of discussion at that hearing at the Planning and Zoning Commission
about whether this Conditional Use, this dental use, should provide through their
parking lot access for this lot to the east, as well as this Lot 3 to the south. The
Commission continued that until they got some more direction from Council as a result
of this hearing tonight. The Planning and Zoning -- or, I'm sorry, the original plat for
Resolution did not require vehicular cross-access between all of these lots within the
subdivision. That is not a plat note or a graphic requirement of Resolution Subdivision,
which is recorded today. However, when this resubdivision of this lot came through,
that's when the Planning and Zoning Commission said, well, we, actually, think that
cross-access between all three lots is a good thing, we would like that to be a condition
on this project and that is, I think, what the applicant is opposed to. I hope I haven't
confused you too much. If you have any questions for clarification, I'm happy to try to
do that.
Corrie: Any questions of staff? At this point is the representative or applicant here this
evening?
Anderson: Mr. Mayor--
Corrie: Raise your right hand, please. Is the testimony you are about to give the truth,
the whole truth, and nothing but the truth, so help you God?
Anderson: Absolutely.
Corrie: Thank you. Name and address, please.
Anderson: Gordon Anderson, Anderson, David & Associates, 1401 Shoreline Drive,
Boise, Idaho, representing Dr. Gaudry and Seegmiller. At Planning and Zoning they put
on note number four an extra line where they wanted to -- line item four for the approval
said applicant shall submit a copy of recorded cross-access and cross-parking
easement for the subdivision was the staff's recommendation and Planning and Zoning
recommended they add and adjoining lots prior to signature of the Final Plat. That was
based on testimony from Becky McKay on the neighboring owner's desire to have that
and I wanted to show an exhibit of the original -- the original plat of Resolution Sub and,
then, how the ownership lies right now. This is Gaudry Seegmiller's parcel here, this is
Meridian City Council Meeting
July 22, 2003
Page 24 of 78
what Voigt currently owns, and this was sold to physician Dr. Gray, I believe. Right now
Voigt was asking for some cross-access between Gaudry and Seegmiller's property, but
what I wanted to highlight was Voigt still has control of these lots here and could create
his own cross-access to connect into an adjoining street or line up with the right of way.
Currently -- this is a copy of the Final Plat, larger version. Currently, there is a curb cut
that occurs about right in here and so there is a cross-access easement that allows
traffic from Millennium to go across the proposed subdivision, Gaudry Seegmiller, and,
then, also allows access for this lot here and for this lot here as well, these existing lots.
They do have cross-access and what we would like to do is see if we can modify Item
Number 4 to remove the language that states that we want to have other lots adjoin in
other places. If that's what it infers to, but basically remove any cross-parking language
between these lots and Seegmiller and see if we can remove the requirement for any
other cross-access and what is already in place by recorded document and Dr.
Seegmiller wanted to talk as well and David Wishney as well. Do you have any other --
any questions for me at all?
Corrie: Council, any questions? Thank you. We have five signed up for the testimony.
Let's start with David Seegmiller. Is the testimony you are about to give the truth, the
whole truth, and nothing but the truth, so help you God?
Seegmiller: Yes, it is.
Corrie: Okay. Thank you. Name and address, please.
Seegmiller: David Seegmiller, 4080 East Batt Lane, Meridian. Could we put up that
graphic, please, from --
Hawkins-Clark: Yes. It will just take me a minute, but if you can continue on, I'll get
that --
Seegmiller: Okay. Great. Here is -- was mentioned they have the requirement for
cross parking, cross-access removed. First, on the cross-parking agreement, I plan to
design my building within the lot with available parking to insure that I have enough
parking for my staff and patients to come to the office. By a cross-parking agreement,
what that may allow is for a neighbor to put in the minimum number of parking spaces
that the city may allow, knowing that he can overflow onto my property and, then, I may
be in a, you know, position where I wouldn't have enough parking that I planned. As far
as the cross-vehicular access, I see this as a safety problem. Voigt Development, they
designed these lots, they designed that flag lot, and it has limited access to the lot The
curb cut wound up on our property. We gave Voigt Development an easement through
our property so he could access the flag lot. There is access to the flag lot to
Millennium Way and to Gala Street without having to go out onto the street You can
access either street through my property, as it exists. Now, if the front to the building --
if you can move the cursor to the front of the building. My concern is that as patients,
including children, as they leave the clinic and cross through the parking lot to the other
side, that they may not be seen by oncoming traffic, which is traveling between Lot 3
Meridian City Council Meeting
July 22, 2003
Page 25 of 78
and Gala Street. The only reason to have access through my parking from Lot 3 to
Gala Street is to make -Lot 3 more accessible. It creates a safety problem, increased
liability for me. I see that the city has a choice to either decide in favor of the developer
who is trying to sell a lot, which may not be as salable, or to make a decision in favor of
safety of our children and the neighbors who are going to be utilizing that -- that parking
lot. As far as going to have a straight shot through, they are going to be -- increase the
traffic and cause a problem. I respectfully request to remove the Planning and Zoning
Commission wording regarding the cross-access and cross parking.
Corrie: Any questions for David?
Nichols: Mr. Mayor?
Corrie: Mr. Attorney.
Nichols: Dr. Seegmiller, I need to make sure I understand. Are you asking that you not
have cross-access or cross parking with the other proposed lots in this subdivision on
this parcel or only on the adjoining lots --
Seegmiller: Only on the adjoining lots.
Nichols: -- to the south and east?
Seegmiller: Outside of this three lot subdivision.
Nichols: Okay. Thank you.
Corrie: Any other questions? Okay. Thank you. Dr. Robert Gaudry.
Gaudry: I'm Robert Gaudry.
Corrie: Gaudry. I'll get it right here in a minute. Is the testimony you are about to give
the Council the truth, the whole truth, and nothing but the truth?
Gaudry: Yes.
Corrie: Name and address, again.
Gaudry: I'm Robert Gaudry, 2715 East Deer Flat, Kuna. I'm one of the owners of the
lot and I'd like to voice my objections to allowing the adjacent flag lot to have cross-
traffic access through our parking lot. I'm an orthodontist, the bulk of my practice will be
adolescents, and this will, again, represent a fairly significant hazard to my patients and
their families, since most of the parents bring small families. I'm already worried about
the high school being next to us, even though that's an attraction, with the traffic hazard
that it presents, but to have people running traffic through our parking lot I think is a
significant traffic hazard. I feel if the developer really needed that access to that flag lot,
Meridian City Council Meeting
July 22, 2003
Page 26 of 78
he could have plotted that in before he sold the lot and made that a contingency or
abound that to the lot that has existed. What he's doing now is coming back after the
fact and trying to get a free road and improve the sale or the attraction of his lot at our
expense and we have already had to give up parking space and access to his road
because of the road cut they made. I would like to see the Council resist his request to
demand more from us, including parking. Thank you very much.
Corrie: Thank you. Any questions? Thank you. David Wishney.
Wishney: Mr. Mayor, if it would be appropriate, I would appreciate the opportunity to go
last.
Corrie: Okay. Stacy somebody. I can't -- are they here and wanted to talk? Okay.
David Zaremba. Is the testimony you are about to give the Council the truth, the whole
truth, and nothing but the truth, so help you God?
Zaremba: Yes, sir.
Corrie: Okay. Thank you.
Zaremba: David Zaremba, 2540 North Crooked Creek, Meridian. As many of you
know, I'm also a Planning and Zoning Commissioner. The condition that we have been
talking about that the Planning and Zoning Commission added to the others that the
staff had asked for was the result of quite a bit of discussion between the Chairman and
Commissioner Centers and Professional Planner Siddoway, who was there that
evening. It was not necessarily added as a condition, because an applicant for another
piece of property asked for it, that just alerted us to the fact that this had not already
been made a condition. Ada County Highway District has a policy that they are
beginning to push more and more of asking cities to make sure the traffic does not need
to go out onto the major streets in order to flow between parts of subdivisions. The
Commission is in agreement with this and finds that if we don't place that as a condition,
it's very difficult to get that traffic flow back again sometime later. I'm happy to say that
I'm seeing the Public Hearing process work the way that I think it should. Of course, we
had a Public Hearing before the Commission, discussion was had, some decisions were
made, a condition was, -- an additional condition was placed on, which we voted
unanimously for. I feel perfectly comfortable that the applicant can come and tell you
that the Commission was wrong in their opinion. I don't have a problem with that. That
puts the decision squarely on the City Council where it should be. I only came to
answer any questions about why we put that condition on, if you have any questions.
Corrie: Thank you, David. Any questions of David?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Meridian City Council Meeting
July 22, 2003
Page 27 of 78
Nary: Mr. Zaremba, you know, I'm looking at the minutes here, and it doesn't appear
like there was a whole lot of discussion at all.
Zaremba: It was short, but --
Nary: Oh. Okay.
Zaremba: It was -- actually, the discussion was between Chairman Borup,
Commissioner Centers, and Planner Siddoway. Because everything that I would have
said was already being said, I did not add to it. I was in thorough agreement with what
was being said. Actually, my recollection was that I had participated, but in reading the
minutes myself, I realized that I was satisfied that everything was being said and I did
not add to it. Commissioner Centers is the one who made the motion and went to the
effort to add the adjoining properties, meaning to the east and to the south.
Commissioner Rohm is the one who seconded it. I can't say that for any of this this was
a do or die condition, but we all agreed with it and it was specifically added and not
necessarily because of any applicant of the adjoining lots, just because ACHD is
promoting interconnectivity and I feel the same way about traffic interconnectivity that I
would about sewer and water interconnectivity. I realize it isn't necessarily to the benefit
of this applicant to provide that interconnectivity. We also require them to put the sewer
beyond where they need it to connect to adjoining lots. Since ACHD has their request
that we not have traffic have to go out into the street to get from within the subdivision.
That's why we supported it and none of us will take it personally if you overturn that, but
that's why we put it in as a condition.
Nary: Mr. Mayor, one follow up. Mr. Zaremba, I mean if you could comment, just your
thoughts on what's been raised is that safety concern in basically creating that straight
shot through that parking lot to that southern lot there and I just wonder what your
thoughts were on that particular concern that's been raised.
Zaremba: The drawing that is up now is very similar to the Conditional Use Permit,
which we have seen, but you have not, and what alerted us to the fact that they were
not planning the CUP to have that condition on it. Our thinking was that the access
would be here where there is trash enclosure and here where it almost abuts the
property line and, I agree, this is kind of a straightaway. I wouldn't see any problem with
the access being a little farther over, so that this was not a straightaway. I think some of
it could be solved by just a painted cross stripe and maybe a sign that says slow
children crossing -- children slow crossing, rather. I can see the applicant's point, that
this -- if they are going to have small children coming across here, you certainly don't
want high speed traffic getting up to speed from the lot to the south and coming through
there. I think there may be other ways, traffic bumps, or crosswalk striping, to do that.
Nary: Thank you.
Zaremba: Okay. Thank you. On the whole, I think it's a good project, so that's why we
recommended it.
Meridian City Council Meeting
July 22, 2003
Page 28 of 78
Corrie: Thank you, Mr. Zaremba. Is there anyone else that would like to testify for the -
- for it? Let's get everybody here. David?
Nichols: Mr. Mayor?
Corrie: Yes.
Nichols: Mr. Mayor, I think what Mr. Wishney anticipated was the rebuttal.
Corrie: Oh. I'm sorry. Okay. Okay. I got a problem here, I mean -- Doctor. You got
just a new item --
Nichols: Mr. Mayor, I would recommend that you ask Dr. Seegmiller to wait and see if it
doesn't get cleared up with his lawyer. He can talk to his lawyer about the issue and,
then, go ahead and procedure with those that are neutral or opposed.
Corrie: Okay. Okay. Those who are against the proposal. I guess that -- is the
testimony you are about to give the truth, the whole truth, and nothing but the truth, so
help you God?
McKay: Yes, sir.
Corrie: Okay.
McKay: Becky McKay, Engineering Solutions, business address 150 East Aikens, Suite
B, Eagle. For the record, I represent G.L. Voigt Development. We are not opposed to
this development. I was asked to testify at the Planning and Zoning Commission
concerning some interconnectivity. It is not our intent to create any burden on this
property. From a planning perspective, I don't like to create any situations where we
promote cut-through traffic, but we do have to balance interconnectivity with the issue of
cut-through traffic. I think all of you have visited businesses, whether it be office or
commercial developments -- I think Dairy Queen is a good example on Main Street
where you can't go from one business to the other without going out onto the main
street. You may have to travel a very far distance to get to that other curb cut, but the
fact is that we can't -- we can't create those situations once they are lost. Once they are
lost and we have no interconnectivity, they are gone. I think it is very important that any
connection to this, one, it be dictated by them, they are the first Site Plan in. Place it in
the location that they see -- or that their architect recommends. Two, when the
conditional use permits come in for the adjoining undeveloped lots. I think it's very
important that these connections be a very circuitous route, so that they don't promote
these high school kids from finding some easy way to cut through. The advantage that
we do have is that Millennium Way will be signalized at Overland Road. That signal is
dedicated for those high school kids and that's going to be the easiest way for them to
get out onto the newly improved Overland Road. They will probably have to put some
speed bumps even with that existing design if they make any connection between
Meridian City Council Meeting
July 22, 2003
Page 29 of 78
Millennium Way and East Gala, because kids will find an alternative route where they
can avoid some of that- congestion. That may happen. Like I said, speed bumps are
the only way to discourage those kids from taking these cut through or shortcuts. Our
intent is like emergency vehicle access. I guess the Council could look at it from that
perspective, that you make some emergency connection only, or that we find a
nonconvenient connection. I don't know where the issue of the cross parking came
along. That was not suggested, nor recommended, on our part. I did have an
opportunity to breeze through the memorandum prepared by Mr. Wishney. I would like
an opportunity to get a copy of that, send that to my client, and have his legal counsel
review that. We have not had that opportunity. I just looked at it this evening. Thank
you.
Corrie: Questions of --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: So, if I understand part of what you're saying, Ms. McKay, is that that southern
opening that we are talking about, southern to this property, but northern to the one
you're talking about, Lot 3.
McKay: Yes.
Nary: So, you're saying that would even be adequate to you to have some sort of
bollard-off entrance that would only be usable for emergency vehicles, rather than a cut-
through roadway?
McKay: I believe that was their main intent was to have at least at a minimum some
type of emergency connection. Not knowing what that -- the design or the future user is
going to be on Lot 3, I think they are just looking at it from that perspective that they
may, in hindsight, have some problems with meeting Fire Department requirements. If
there were a way to have some interconnectivity that would -- I think that would be
preferable from a planning perspective, but if it causes a hazard, then, I wouldn't
recommend it.
Nary: And, maybe, one thing, too, if you could comment -- I think it was raised by the
applicant, is the fact that this was originally owned by your client.
McKay: Yes, sir.
Nary: And it was replatted to this configuration and, certainly, if there was connectivity
concerns, they could have platted it in a way to allow them connectivity to Gala Street
and they didn't.
McKay: Yes.
Meridian City Council Meeting
July 22, 2003
Page 30 of 78
Nary: Why didn't they do that?
McKay: I can't answer that question for you. I think it was something in hindsight they
started thinking about as they started looking at the Site Planning on this, then, it started
dawning on them that they could have some issues in the future. Yes, they did not
make that arrangement when they were negotiating for the site. That's correct.
Nary: So cross-access off of Millennium Way isn't really any issue?
McKay: No. That's been resolved.
Nary: That is fine?
McKay: Yes, sir. Yes, sir. That was resolved, because there is one curb cut that was
supposed to service multiple lots, because we were trying to limit the amount of curb
cuts on Millennium Way, because it is a collector and will carry high volumes with the
high school traffic.
Nary: Thank you.
McKay: Thank you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Becky, they already have an access to the south on Lot 1; correct?
McKay: Yes, ma'am.
De Weerd: So, they already have an access that connects to the south. I guess my
question follows a little bit on what Councilman Nary asked, but why would it be this
development's responsibility to connect Lot 1 and 3, when the developer was the one
that platted all this? Lot 3 would have access through Lot 1, which is their southern
access point to their lot. You're asking them to have two access points to the south.
McKay: No, I don't think we are asking for two access points, we were just asking for
one point of interconnection.
De Weerd: But they already have that from Lot 1 from that one parking area.
McKay: I think we were looking along the interior, within the interior of that lot. If you
put up the map and kind of look at the larger picture.
De Weerd: But that does get you to the interior. I mean not directly, but--
Meridian City Council Meeting
July 22, 2003
Page 31 of78
McKay I don't argue with -you. They have primary access to the site, yes, through the
shared curb cut right there and, then, they are resubdividing that. I think what they were
looking at for was within the interior of that, creating some type of interconnection, even
if it be emergency vehicle access only.
De Weerd: Well, if it were our emergency services, I would imagine it would be easier
to go off Millennium than through that development.
McKay: I think they are just -- they are looking for a second point, a second point of
interconnection.
De Weerd: Okay.
McKay: You know, it's just a design call when, you know, you don't know what -- what
user or what development will go onto those lots. We are just trying to, you know, plan
for the future and I think that's what the Council typically asks us from a planning
perspective is look at -- look into the future and try to determine how we can best make
this interconnectivity and provide second means of access for emergency services, et
cetera. Like I said, it is not our intent to create any problems or any burden on their site
and we definitely don't want to create cut-through traffic.
De Weerd: Well, I guess my only thing is if you're talking about bollards and your whole
thing is emergency access, I would see that it would be easier for our fire trucks or
police to go off of Millennium, it's a straighter shot, than going through the middle of
what looks like a parking lot. That's my point. If that's the only reason for that southern
point in addition to what's already there, I just -- I can't see --
McKay: Well, I don't think, Councilwoman de Weerd, that that's the only reason. I
mean we were looking at interconnectivity, too. I think at a minimum that was -- you
know, that was -- that was my client's intent and --
De Weerd: But you're saying it could be blocked off with bollards, so it's just not --
McKay: If the Council views a full vehicle interconnection inappropriate, then, at a
minimum it would be blocked off with bollards, yes, for just a fire access. I think what
we are trying to create is with this development we were -- we wanted to create like a
campus atmosphere. A campus atmosphere has some interconnectivity and is
pedestrian friendly. I agree with the doctors, you don't want to create a situation where
they have high volumes of traffic cutting through their parking lot, but we just want to do
this right and so I think that's my client's concern, it is not to cause them problems or
make them redesign or, you know, any of those things. We just -- we just want to make
sure that this is done appropriately and the planning is done for the future of these other
undeveloped lots.
De Weerd: Okay.
Meridian City Council Meeting
July 22, 2003
Page 32 of 78
McKay: Thank you,
Corrie: Anyone else here to testify against? Okay. Mr. Wishney, Is the testimony you
are about to give the Council the truth, the whole truth, and nothing but the truth, so help
you God?
Wishney: Yes, I do, I'm David Wishney, I'm an attorney in Boise and I'm working with
Drs. Gaudry and Seegmiller and the applicant in this proceeding and, if I may, I'd like to
just very briefly kind of summarize why I think that the condition that was attached to the
approval by the zoning commission presents some serious legal issues. First off, if we
look at the Comprehensive Plan, the concept of connectivity is only referred to in the
neighborhood center mixed use, it's not in the L-O zone, and this particular project does
not lie within one of the designated neighborhood center areas. The project is zoned L-
o and even where connectivity is referred to in the Comprehensive Plan it is
connectivity of streets, not of aqjacent parking areas. Even in the mixed-use area, just
stand-alone mixed-use area connectivity under the Comprehensive Plan is not one of
the stated guidelines or standards. Similarly, under the zoning, ordinance connectivity
is not a defined term, the application of it is limited to access to public areas, such as
adjacent parks or schools. Again, it's not a required either -- provision of either the
design standards or the improvement standards, you know, for this type of project.
Again, we can -- and Councilman Nary in an earlier proceeding you referred back to a
prospective applicant looking at a record of a proceeding and trying to determine what
the Council intended. I did take the time to go back and read through all of the minutes
and the findings and conclusions of both the Rezone application for Resolution Park
Subdivision, as well as the approval of the subdivision itself. There is nothing that I can
find within those minutes or within the findings and conclusions that speaks to
connectivity between the respective parcels, there is nothing that would have put Drs.
Gaudry and Seegmiller on any kind of notice when they were purchasing this property
that this would be imposed upon them as a requirement. If we look at the CUP
application process under the -- under the Meridian ordinance, which is 11-17-1, it
speaks to some of the things that you would consider are whether or not the use will be
detrimental to other persons or properties or uses in the vicinity. There is no testimony
that this would be a detrimental use, it's consistent with the zone, and it's consistent with
the other approved uses in the area, so there is no finding or recommendation to
support the concept that it's detrimental. The ordinance also provides for
recommendations for approval or modification that include conditions deemed
necessary to insure compatibility of development with other uses. To impose this
condition presupposes that the doctor's use is not compatible with the other uses and,
again, if you look at the record there is nothing in the record to support that -- there is no
such finding there has not been a record to support such a finding. Finally, if we look at
the Idaho Code, which ultimately governs judicial review of CUP applications, it's very
consistent with Meridian's zoning ordinance and it talks about attaching conditions
which are -- minimize the adverse impact on area development. Again, there has been
no testimony that the proposed development would have an adverse impact on any
other area development and [ don't think there is any -- so the attachment, again, of a
Meridian City Council Meeting
July 22, 2003
Page 33 of 78
condition of the nature as suggested by the zoning commission presupposes that there
is some adverse impact. . The question is here what's the real beef -- and could I ask
you to put the letter from G.L. Voigt--
Hawkins-Clark: I'm sorry, I don't believe it's part of this presentation. It was submitted
to the record. I believe they have -- they should have a copy on their laptops, I believe.
Wishney: I apologize I thought this was scanned in, so we could all see it. The
developer has suggested that the concept of interconnectivity for its own sake or for fire
emergency access is what is important here. In the letter that, apparently, you have on
your laptop, which is dated March 28, 2003, if I could refer you to the second sentence
in the third paragraph, the developer clearly states what their primary concern is and
that primary concern is improved access to Lot Number 3, which is the flag lot. I mean
the developer realizes at this point in time that they have a lot that may be difficult to
sell, because of the limited access and would like to see improved access to that lot.
Again, let's be real clear, that this is not an issue of interconnectivity it is an issue of
improved access to Lot No. 3 for resale purposes. Now can these various concerns
best be met? Gordon Anderson, the applicant, has shown you on the plat that the
developer can easily provide access -- alternative access to Lot 3 through Lot 1.
Alternatively, of course, the city could adopt the recommendation of the zoning
commission. I'd ask you to weigh which is the better alternative. Access through Lot 1
provides the improved access to Lot 3 and that's -- again, that's the developer's primary
concern. It provides alternate fire access and it potentially reduces the traffic out onto
Millennium. Access through Lot 1 avoids the safety issue entirely. I would ask you to
make special note of one of the exhibits to my memorandum is a letter from Captain
Musser where he -- and he expresses his concern about this interconnectivity and the
greater potential for students to be cutting through these lots. He is clearly against the
concept as it relates to this project. Allowing the developer to provide his own
alternative access to Lot 1 is legally sustainable, where attaching this condition has
serious questions from a legal perspective. Given the alternatives, I can't fathom,
frankly, why the city would choose to bear the time, expense, and burden of imposing
this condition, as opposed to leaving it with the developer who has it entirely within their
power to fix their own problem. Any questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Wishney, we haven't really had an opportunity to read your brief, since we
just got it today. You know, I understand -- you know, when I read Captain Musser's
memorandum, I don't see how an access point here will have anything to do with
increasing traffic from the high school. There is already an entrance here and there is
already an exit here. Regardless of whether this is the point here, it shouldn't make any
difference.
Meridian City Council Meeting
July 22, 2003
Page 34 of 78
Wishney: Your point may be correct. Only time would tell whether additional students
would cut through Lot 3 because of the -- nobody even thought about this problem with
the students until it came up.
Nary: Where are they going to come from?
Wishney: Pardon me?
Nary: Where are they going to come from?
Wishney: Well, they'd all have to come in the same access.
Nary: Oh. Okay.
Wishney: So, the question is, then, is it a race through the parking lot on the Gaudry
Seegmiller Subdivision or down the flag lot and across? Since Captain Musser raised
this question, he was really the first one to bring it to our attention, Drs. Gaudry and
Seegmiller have, actually, talked about whether or not closing off the exit to -- is that --
Nary: Gala?
Wishney: To Millennium.
Nary: Oh.
Wishney: Whether or not they might end up -- because certainly they are going to have
to look at some type of traffic calming devices, safety devices, to try and impede the
flow of student traffic through there, but we don't want to add to it.
Nary: Mr. Wishney, the point Ms. McKay was making -- and I think I noticed here also
in Captain Musser's letter was having either emergency vehicle only access to provide
some fire safety. Because at least at this juncture on this Lot 3 we don't really know
where the building is going to be or what the relationship is for the fire truck to get there.
Captain Musser, I think, was speaking of pedestrian access as an alternative to allow
for whatever the medical office types of buildings here to have foot access, at least, into
these areas, not vehicular access.
Wishney: Well, the applicant has no problem with the concept of providing pedestrian
access and putting in a sidewalk between the two.
Nary: Okay.
Wishney: With respect to the fire access, again, we think the preferable route would be
through Lot 1 to the east.
Meridian City Council Meeting
July 22, 2003
Page 35 of 78
Nary: And I would agree that preferentially most of the time I think that's what Council
Member de Weerd said as well. That's where the fire truck's going to go, but, again, at
this juncture we don't know where the building's going to be or what the configuration of
the building would be or where the cars are going to be parked or all that. I mean I
guess I'm not -- the only thing from what I guess I've heard to this point that I'm not
totally adverse to is just that limited emergency access here, because I can't see that
impacting negatively your clients' needs, it only provides emergency only access. It's
certainly not going to add to the traffic. I think your clients are going to have to address
this traffic anyway, because the connectivity exists regardless of our -- of this issue. I
don't see how that would injure anything to have just limited -- and, you're right, I think
initially it was wanted to be more, but now we only were looking at emergency only
access.
Wishney: I would agree.
Nary: The impact's fairly minor.
Wishney: I would agree.
Corrie: Any other questions?
Wishney: Thank you for your time.
Corrie: Any further discussion from Council?
Nichols: Mr. Mayor? Mr. Mayor, the Public Hearing is still open, but you may want to
discuss the issue of the proposed access to the parcel to the east, as well as the one to
the south. You have discussed the south, but you haven't discussed the one to the
east, whether that connectivity would go there as well.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess the other thing we really, I guess, needed to make clearer for the record,
because it wasn't totally clear to me. When we are talking about this cross-access and
cross parking, from what I understood -- and, again, the public record is still open, we
are not talking about any aversion from the applicant for cross-parking among these
lots. We are not talking any issue about cross-access among these three lots, it's
merely to the other lots in the subdivision, but I think Mr. Nichols is right we really
haven't discussed any of this east connection. I think this is an empty lot at this point,
isn't that right, Brad? I'm assuming it's the same concern that you have, but I don't
know that.
Wishney: Well, it is, Councilman. In fact, that creates almost a larger concern, because
it's such a large parcel. It was slated for an ice rink. If another user like a bowling alley
Meridian City Council Meeting
July 22. 2003
Page 36 of 78
or similar one, you could imagine the flow of traffic and that parcel is -- has enough
frontage on Millennium that it should have sufficient curb cuts to support itself.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Brad, could you just put that other overhead on that showed kind of where that lot
is in relation that Mr. Wishney just said about the access onto the Gala there that had --
okay. Yes. That one. This one would have access somewhere over here and we don't
know what this -- this is out of the city at the moment isn't it?
Hawkins-Clark: That's correct. That's owned by Mr. Van Auker.
Nary: Okay.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I will just throw my two cents worth out while -- oh, I'm sorry, Mr.
Zaremba.
Nichols: Mr. Mayor, with all difference to Mr. Zaremba, I'm a little reluctant to have any
more testimony from the P&Z Commissioner that has also heard the conditional use
application as well, so --
Corrie: That was going to be my question to you, counselor. Thank you, David.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess my comments were I appreciate the efforts on looking at
connectivity. I think it's very important, I think I have been a big supporter of that. I
don't know where you place the burden of that connectivity when it's through parking
lots and not specified roadways, so -- and without a good view on how the road'system
is going to work within those three other lots I'm really reluctant to really impose that on
this piece -- this particular parcel. I guess since the connectivity from Millennium is to
Lot 3, I just do not see -- I know it doesn't have a whole lot of cost factor or impact, but I
still don't understand why we would impose that condition. If you have pedestrian
connectivity and you already have a connection to the south through the parking lot and
that easement, it exists. I guess at this point, until we know what goes on with the other
lots, which right now the developer has control of, you can circulate traffic around there
and it can work. I just don't see why these to particular accesses are being requested
Meridian City Council Meeling
July 22, 2003
Page 37 of 78
and why the southern one, if it can -- if it's accessible to just do a safety one, why that
safety one isn't just as important going through the easement that already exists.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Every time I go to Dairy Queen I think who in the world made this that you have
to drive two miles to go a block, because we didn't -- there is no connection created
between Water Tower and Corporate. To me, having some connection makes sense,
because, otherwise, you are going to end up with people having to drive back out onto
the main roadway. I guess what I think makes some sense to me -- because I think
you're right, the primary access is this will always be here it will be right off of
Millennium. Having an emergency access or at least a temporary emergency access --
because this piece has not been developed yet. It hasn't been -- I don't recall where we
are at with this piece. I think long term the access is going to have to be from this piece
to these pieces for public safety, for fire access and the like. If there is going to be
connectivity, the connectivity should be down here, not through these three buildings
that are already there. The parking lot and cross parking and all that's going on in this
area, I think you're creating more of a traffic snarl. I think a temporary access, at least
until this develops out and we see what happens with this piece, would make some
sense. Because at least what I think I'm hearing is that this piece, that's designated Lot
3 is coming forward to develop prior to this piece that has the proposed ice rink on it.
Having an access point in here at this point might make sense, it might not make sense
in a year when the rest of this develops, but I do think long term, like you just stated,
Council Member de Weerd, if we are going to have cross-access, it's going to have to
come down here. It's not through here. There is already cross-access here at the
entranceway. Again, I think the only thing that's probably missing is any real discussion
about how this traffic calming or some showing of traffic calming that's going to occur in
this lot, because I guarantee it won't take too many kids to figure out I can cut through
here and get out here and beat that light. They are going to figure that out pretty quick.
That's -- that's something that's probably as big a priority in my mind to this lot. Having
a temporary access at least at this juncture until we see where the rest of them go, they
can, eventually, then, request to remove it, curb it up, put a tree in or whatever, or put
landscaping in to cover up that temporary access. Until the other one's developed, I
think we got of have something to this lot. My fear is, depending on where the building
is situated and this piece and where the parking is situated in this piece will really drive
whether or not the fire truck can get here. By having that alternative, at least it provides
two different methods to access this piece and as we discussed, I think it probably
should have been handled prior, we are kind of stuck with it now. I think having a
temporary access to allow that with bollards, pedestrian access makes sense and, then,
in the future the developers of Lot 3, this southern lot, are going to have to have access
across to this big piece.
De Weerd: Mr. Mayor?
Meridian City Council Meeling
July 22, 2003
Page 38 of 78
Corrie: Mrs. de Weerd.
De Weerd: I guess I just need some clarity from Councilman Nary. Lot 3 has access to
it from Millennium. Am I not looking at this map right?
Corrie: Right here.
De Weerd: Kind of towards the back. Like the third from the--
Nary: Well, Mr. Mayor, what I had understood is Lot 3 has a cross-access easement --
that driveway is here on this property. Okay. They have a cross-access to get through
here. This is -- this is -- this access here for Lot 3 is part of this cross-easement.
De Weerd: Exactly.
Nary: And that's the only access to Lot 3. What 1'm saying is that it makes some sense
to me to have an emergency access somewhere in this location. It can be temporary, it
doesn't have to be permanent, and they can look to remove it in the future when they
develop this other piece to the east that will allow greater access for fire safety to this
Lot 3.
De Weerd: But why isn't that -- we are going to debate each other up here. I just want
to understand your rationale for -- we never want to land lock any lots.
Nary: Right.
De Weerd: And we are not. We are not, because they have access out onto South
Millennium Road, so why are we going to make them provide yet another access only
for emergency vehicles when it doesn't make sense for emergency vehicles to go
through a parking lot to get to another lot?
Nary: Because at some point in the future when this building is on fire, this road could
have 300 cars waiting to turn left at that light and you may not be able to get through
this way and that's the only other avenue you may be able to get through that way.
That's my only thought. We don't know where this building is going to be on Lot 3. We
don't know what shape it's going to be. We don't know what the access point is. All we
are saying is right now if they want to develop this lot, then, having a temporary access
here is minimal impact with this property, but it provides at least an alternative for safety
here, but, eventually, the safety access is going to have to come through this big piece.
It's just the potential that it maybe 3:00 o'clock and there is a fire and there is a car stuck
in this driveway and the only way to get there is there. That's all. Okay?
De Weerd: Okay.
Nary: Okay.
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July 22. 2003
Page 39 of 78
Corrie: Any other discussion? Mr. Nichols, is that stuff enough you feel?
De Weerd: Is that enough for the record?
Corrie: Okay. Any further discussion?
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: I guess I still don't understand. I'm wondering why -- why the emergency
access can't be created after the building is built, since you don't know where the
building is going to be, and at that time you can determine whether you need an
emergency access or not.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess my reasoning is because right now they want to get -- they have to plat
this property and build these buildings. If we don't require at least some access point
here temporarily, they are not going to put it -- when this building comes along to be
developed, there won't be an access. There won't be a way to do it, then, because this
will have parking spaces, curbs, trees, grass, something in this location and there won't
be a way to create it and they won't have -- there is no mechanism to require them to
put that in at that point. All we are saying is at this point you can't build anything in this
location if we do that, but, again, it will be only temporary, but, othelWise, it will just be
curbed up and there won't be any access. If they are going to put a sidewalk or a foot
path or some kind of access easement in this area that allows foot traffic to cross,
essentially, that foot traffic can be bollard off to be able to allow emergency access at
this juncture and, then, eventually, that can go away.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess, essentially, Council Member McCandless, I see his point and I
don't like his argument. You know, I really don't care where the building is on that lot
that is not even an application in front of us. I do understand that temporarily to have
that access in until whatever happens to the east happens, at least in case we know
what the traffic is going to be with those high school students, because that's their only
route out, to just give another option for emergency personnel to get in there. It will not
be open for circulation by the general public it will only be bollard off. Once that
connection to the east is in, it can be, then, landscaped and they can do away with it, so
it won't be a connection. It's just there in case our fire personnel or police personnel
Meridian City Council Meeling
July 22, 2003
Page 40 of 78
need access to that lot and they are hampered by South Millennium Way and it seems
kind of ludicrous, but I understand -- I understand the argument.
McCandless: Well, Mr. Mayor, I understand the argument. I'm also concerned about
Captain Musser's objections and like Councilman Nary said, the kids are going to find a
way to crawl out of there regardless of what we do. I am concerned about his objection.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: The Public Hearing is still open and I certainly don't have an objection if Mr.
Nichols, doesn't, since this is the applicant's show, to let them have at least the last
word. I mean we just had a general discussion anyway, but to let them have the last
word seems fair before we make a decision.
Wishney: Mr. Mayor, Council Members, the applicants are willing to accept the
temporary emergency access that you have described. I assume it would be worded
somehow that in the future they could come back and apply to remove it.
Corrie: That clears that up a lot.
Nary: Thank you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I'd rather see a trigger, rather than to make the applicants come
back with an application to take that out. It's just when there is a connection through the
east property for that secondary access, that that eliminates the need or -- I don't know.
There is -- there must be some way we can trigger it without them having to come back
and apply.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Maybe once that access is approved -- I don't think a formal application process
may be necessary. Maybe the Planning and Zoning administrator could make that
determination if that were to be objected to. Then, it could be reviewed, but that way --
otherwise, there will be some -- there could be some dispute, a different property owner
or something, saying I thought I could take it out, the other property owner said they
couldn't, so -- I mean that way it can be done by the Planning and Zoning administrator,
would be fine to me.
Meridian City Council Meeting
July 22, 2003
Page 41 of 78
De Weerd: That sounds great.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mayor, Members of the Council, I think it would be easy to word it that the --
until such time as Lot 3 in Block 1 has an additional access to the east, that the
temporary emergency vehicle access remains in place and such time as that parcel
does have access to the east. The applicant, at their choosing, can ask the Planning
and Zoning administrator to approve taking out that temporary access. As a practical
matter, I would expect with the bollards, since they are going to want pedestrian access
anyway to their dental offices and such, they may find that it's just as easy just to leave
the bollards up, as opposed to actually doing some change. At least it would be bollard.
I think we can word that condition such that there would be a trigger of some sort and
would also have the additional protection that the Planning and Zoning administrator
would have to sign off before it was terminated.
De Weerd: Thank you. Sorry it took so long to get so little a distance.
Corrie: Any other discussion?
Hawkins-Clark: Mr. Mayor, is it possible to add one thing from staff on that?
Corrie: No.
Hawkins-Clark: If I could just --
De Weerd: How long will it take?
Corrie: The chair recognizes staff.
Hawkins-Clark: If I could just throw in, since you are talking about a fire emergency
safety, for the most part, if I could just throw in that probably the Fire Department should
have some involvement with that determination, as well as the zoning administrator.
They are the ones that use the -- you know, use the bollards they are the ones that
typically determine if access is adequate to get to a site.
Corrie: That's a good point. We can put that in a motion to include the Fire
Department. Any other discussion? Okay.
Nary: Mr. Mayor?
Corrie: Close the Public Hearing?
Nary: I would move we close the Public Hearing.
Meridian City Council Meeting
July 22, 2003
Page 42 of 78
McCandless: Second. .
Corrie: Okay. Motion to close the Public Hearing is made with a second. Further
discussion? All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Further discussion? Okay. Who wants to take a stab?
De Weerd: Bill. He did the majority of the talking.
Nary: And am full of ludicrocity, so I guess I won't -- Mr. Mayor, I would move the
approval of PFP 03-002. Request for preliminary and Final Plat approval of three
building lots on 155 acres in an L-O zone for Gaudry Seegmiller Subdivision by Gordon
Anderson. Southeast core of East Gala Street and South Millennium to include all staff
comments, to amend Condition 4 to delete the -- to delete the language regarding
recorded cross-access easements for adjoining lots not part of plat. To amend to
include language for a temporary cross-access easement for emergency vehicle use
only, on the southern boundary of this property adjacent to Lot 3 of the adjourning -- of
the adjoining property, said temporary -- temporary access shall only be required until
lots -- until Lot 3 has access from the east. At that time, the applicant may request
removal of the temporary emergency access easement by approval of the Planning and
Zoning administrator and the fire chief and I think to include all other staff comments, for
counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. Did
I forget anything, Mr. Nichols?
Nichols: Wait for a second.
De Weerd: Second.
Corrie: Okay.
Nichols: Mr. Mayor, Members of the Council, I think I would recommend that you not
use the word easement, but simply sayan emergency vehicle access point through that
south boundary, rather than easement. An easement implies a servient and a dominant
estate and in order to get rid of that easement would require the signature of the
dominant estate holder and I think it gets too far, so I think --
Nary: Point well taken, Mr. Nichols. I would amend my motion to indicate that it simply
be a temporary emergency access point.
De Weerd: Second agrees.
Corrie: Okay.
Meridian City Council Meeting
July 22, 2003
Page 43 of 78
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Would we need clarification, Mr. Attorney, as well to suggest that that, then,
be a pedestrian access, so if they do away with it.
Nichols: Yes.
Nary: And I would concur, then, that -- well, I guess the only issue are we -- I don't
know that that's a pedestrian point. They can put the pedestrian access anywhere they
want. They don't have to put it there. I think -- I think -- I guess as the maker of the
motion I'd add that they submit a plan for pedestrian access to the adjoining lots to the
south or if there are any pedestrian access to the points to the south it will be east. It
doesn't have to be in that emergency point, it can be somewhere else if they want it to
be. They don't have to make it the same.
De Weerd: Okay.
Nary: Do you agree?
De Weerd: Yes. Whatever you said.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, if it's okay, when I word that particular
finding it will require that the pedestrian access to the south be located somewhere east
of the center of that south boundary line.
Nary: Sure.
De Weerd: I would just suggest the applicant look at that condition closely.
Corrie: And if you expect me to repeat that motion, I'm not going to do it. We have got
a stenographer back there that's got it all correct? Okay. Motion has been made and
seconded. Is there any further discussion? Okay. Hearing none, vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: All ayes. Motion approved.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council Meeting
July 22, 2003
Page 44 of 78
Corrie: I want to really look at those minutes when we get them back here. Okay. Can
we take five -- five minutes, everybody? Five minute break until 9:30 and, then, we will
come back and do the next Public Hearing.
(Recess.)
Item 12:
Continued Public Hearing from July 15~ 2003: PP 03-007 Request for
Preliminary Plat approval of 36 building lots and 7 other lots on 11.65
acres in an R-4 zone for Clearbrook Estates Subdivision by RK.
Development, LLC - west of North Meridian Road and south of West
Ustick Road:
Item 13:
Continued Public Hearing from July 15~ 2003: V AR 03-012 Request
for a Variance to block length requirements for a block on the south side
of Clearbrook Street for Clearbrook Estates Subdivision by RK.
Development, LLC - west of North Meridian Road and south of West
Ustick Road:
Corrie: All right. I will open the meeting back up after the recess. We are on Item
Number 12 and 13. One is a continued Public Hearing from July 15,2003, request for
Preliminary Plat approval of 36 building lots and seven other lots on 11.65 acres in an
R-4 zone for Clearbrook Estates Subdivision. Item 13 is a continued Public Hearing
from July 15th on a Variance request for a Variance to the block length requirement for
a block on the south side of Clearbrook Street for Clearbrook Estates Subdivision by
RK. Development, LLC, west of North Meridian Road and south of West Ustick Road.
With no objection from Council, I will open the continued Public Hearing on both 12 and
13, take testimony on both the request for Preliminary Plat and the Variance at one
time. I will start testimony with staff comments. Brad.
Hawkins-Clark: Thank you, Mayor, Members of the Council. Since the majority of the
background and testimony on this item has already been into the record and there was,
mainly two issues that is my understanding were the reason for it to be continued. One
was for the consideration of street calming for this long straight entry road and the
applicant did submit since your last hearing a street and storm drain plan that has a
drawing date of July 16th. This drawing that I have on the screen right now does show
what they have proposed. They are showing the street to have a choker at the
intersection with -- I believe this is Northwest 3rd Avenue to the north, this is a stub
street, so they -- generally about in the center of the project they are showing the public
street to choke down and, then, flare back open for this Indiana Rock Street. That was
one modification that was submitted. The other issue had to do with the storm water
retention ponds and you have received a letter dated July 18th from Stan McHutchinson
of Briggs Engineering that was addressed to Nampa-Meridian Irrigation District. That
does talk a little bit about their proposal to install ponds to store all of the street runoff
that would have a slow release into Finch Creek, which is on the south side of their
project, also called the South Slough. We have not, to my understanding, received
anything from Nampa-Meridian Irrigation District in writing stating that they agree to that.
Meridian City Council Meeting
July 22. 2003
Page 45 of 78
It certainly is not an usual -- it's not unusual that the irrigation would allow a project to
allow pre-development-flows into one of their facilities and maybe if you need, Brad
Watson can speak further to that, but I believe that the applicant Briggs Engineering did
get a verbal statement from Nampa-Meridian that they would allow that. They are, I
believe, at this point still proposing to have -- have the pond areas be generally in the
same locations. They would clearly be required to design them to have the standing
water minimized. As you, I believe, saw last time on the photographs, it still does occur
that some standing water happens and in some of these it's pretty critical at the design
stage to get the grading correct, so that it flows to that outlet point, but I think those are
the two main issues. You also did receive a written letter dated July 22nd from a Chris
Broer, who had stated his opposition to the development and I guess thafs it from staff
right now.
Corrie: Okay, Brad. Any comments? Okay. Any comments, discussion from staff?
Okay. Is the applicant or representative here this evening? Is the testimony you're
about to give the Council the truth, the whole truth, and nothing but the truth, so help
you God?
Cook: It is.
Corrie: Thank you.
Cook: Richard Cook, Briggs Engineering, 1800 West Overland Road, City of Boise,
here tonight representing the applicant R.K. Development, LLC. To address the traffic
issue we have knuckled out on two corners of Northwest 3rd Avenue and we put a bulb
out across a portion of one of the storm drainage lots and the adjacent lot. This area
here will serve very effectively as a traffic calming device and we have run that by Ada
County Highway District in a meeting we had with them and they are in agreement with
this particular design and Mr. Mills is here this evening from Ada County Highway
District if you have any questions of him. The ponds, we are redesigning those ponds
to where they will be what we call dry ponds. In other words, we are going to drain
everything out of those ponds into the Finch Creek or South Slough at the
predevelopment flow rate. We have been in communication with Nampa-Meridian
Irrigation District, had telephone conversations with John Anderson and he has agreed
to that and I was hoping to have a letter in my hand before the meeting this evening, but
John was tied up in a meeting and didn't get the letter out to us, but I should have it
tomorrow. Those were the primary issues that we discussed at our last hearing. With
the dry pond development and design, that will solve the mosquito problem and I think
that pretty well takes care of the issues that we discussed. The Variance, I'd like to
touch on that. The Variance is required, because when the Waterbury Park Subdivision
to the south was developed, they were not required to put in a stub street to the north
and the development to Lansbury, when they developed. They were required to put this
stub street in right here, so we were able to meet or hook up at that existing stub street
going to the north into Lansbury Sub. As you can see, coming from Waterbury there
was nothing there and probably the biggest reason for that is because this is where the
South Slough or Finch Creek runs and they would have had to put in a bridge to make
Meridian City Council Meeting
Jury 22, 2003
Page 46 of 78
that happen. That's why we are asking for a Variance, because we don't have any
break to the south, other than the three retention pond areas as open space. I
understand it's not being counted towards open space for the five percent requirement,
but it does break things up as we go along. Plus, we have -- going along the sides of
the ponds, we do have the 15-foot wide pathways that hook into the 25-foot wide
greenbelt that runs along the slough area here. That greenbelt will have a ten foot wide
paved pathway and, then, it will have grass and, then, areas along the side of the path.
With that, I will conclude my remarks and answer any questions you may have.
Corrie: Okay. Thank you, Mr. Cook any questions of Mr. Cook?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Cook, I'm wondering on that choker there in the middle of the street -- or in
the middle of the subdivision, I didn't see a comment from Deputy Chief Silva, but I'm
assuming that street is wide enough for parking on both sides?
Cook: Mr. Mayor, Council Member Nary, there would not be any parking in this
particular area on the street.
Nary: No. I understand that. The rest of it's all parking on both sides?
Cook: Correct. We have the standard -- standard street width that will allow parking.
Nary: I guess I'm just a little concerned -- and I don't know whether you can answer this
or maybe Mr. Mills. You have got -- if you have got vehicular traffic coming east to west
down that street, part of the concern is the street is pretty straight. Now you're going to
have vehicles parking on both sides of the street, so there is nothing to really tell that
driver as they are coming down at maybe an excessive speed that that road's going to
narrow about halfway down to slow down. I guess, you know, that was why I liked the
island effect you had initially. Then, took out, was because it was a visible barrier up
ahead, they can see a visible way to have to slow down on that street. I'm afraid with
those chokers, I mean they are real good if you can see them, but here you have got a
straight road, cars parked on both sides of the street, you have really no way to see that
until you're on it and all of a sudden the road's very narrow. I'm not sure that really
solves the problem very well, or least as well as what you proposed initially. Maybe you
could address that for me.
Cook: Mr. Mayor, Council Member Nary, I don't recall that we ever had an island in this
particular street. We have one at the entrance coming off of Meridian Road, but I don't
recall having ever proposed a design with an island anywhere in here.
Nary: Maybe that was the discussion at Planning and Zoning.
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July 22, 2003
Page 47 of 78
Cook: We had a discussion about putting something in here, but decided that that was
a very poor location to -try to put any kind of a traffic circle and I think during our last
meeting Council agreed with that. During the Planning and Zoning Commission
meeting we did talk about putting an island in the center of the street, but it was the
consensus of opinion of the Council -- or the Commission, rather, that those particular
islands in the middle of a street like that tend to cause more problems than they solve.
In this area here, I don't know if it would do any good or not, but I'm thinking that we
could probably put in a traffic sign that states road narrows. I have seen that in many
areas and, you know, I don't know what else to say, as drivers can be stupid no matter
what you do. They can drive over the island, they can drive over sidewalks, you know,
they can drive through marketplaces, you know, so I don't know if there is a perfect
solution to it or not, but we felt that this was the best solution that we could come up
with.
Corrie: Okay. Any further comments or questions for Mr. Cook? Okay.
Cook: Thank you.
Corrie: Thank you. Is there anyone else who wishes to testify for this subdivision?
Okay. Anybody wish to testify against this subdivision on the new -- is the testimony
you are about to give the Council the truth, the whole truth, and nothing but the truth, so
help you God?
Broer: It is.
Corrie: Thank you.
Broer: Mr. Mayor and Members of the City Council, I wish to respectfully state my
opposition to the proposed Clearbrook Estates Subdivision on general and specific
grounds. I will be between three and four minutes. On general grounds, the biggest
investment most Meridian taxpayers have is their home.
Corrie: Could I have your name first?
Broer: Chris Broer.
Nary: Address?
Broer: 387 West Woodbury Drive in Meridian.
Corrie: Okay. Thank you.
Broer: The biggest investment most Meridian taxpayers have is their home and yet our
property values are falling behind Mississippi, Arkansas, and all but two states in
property value appreciation. As you can see in attachment one, Idaho ranks 48th in
home price appreciation over the past five years. Attachment two shows that the Boise
Meridian City Council Meeting
July 22, 2003
Page 48 of 78
metro area would rank only 41 st out of all 50 states in home price appreciation over the
same five years. I have left copies of these attachments on the back table for anyone
that would like a copy. Basic economics and supply and demand tell us that there is too
much of supply of new homes being approved. There are a number of ways of limiting
supply, which include maintaining existing agricultural zoning, minimizing density,
increasing open space requirements, and limiting new subdivisions. How that supply
would be limited would be up to you, but the excess supply must be addressed to
protect existing voters and homeowners. Another factor, which diminishes the property
values of existing homeowners, is the lower quality of life that they experience when
new subdivisions are approved. I agree with the Mayor's concerns when he states in
last week's Valley Times that, quote: I don't think anyone envisioned this much traffic.
End quote. Every new subdivision approved adds that much more traffic. The City
Council has control of the gas pedal of development. If they allow too much building,
our home prices won't increase much and that's what's happening now. To quote a
Kuna resident at their city council meeting last week, as reported in the paper, quote: I
just wish they would slow it down, so we don't end up like Meridian, end quote. On
specific grounds, the proposed Clearbrook Estates Subdivision should not be approved
for several reasons. First, to count the -- as stated tonight, ten foot wide section of
pavement along the canal as their usable space would be in stark contrast to the green,
vibrant and pavement free south side open space of the canal that's part of the existing
Waterbury Park Subdivision. Second, the proposed standing water and its potential
mosquitoes will be right across the canal from our homes in Waterbury Park. Even if
permission could be granted for the predevelopment water to run into the Nampa-
Meridian canal, all of the post-development runoff any sprinklers in the subdivision and
any new rain runoff may collect would wind up in these standing water areas. I'm not
sure Central District Health will allow such standing water. Some irrigation districts don't
allow any water, even predevelopment, into their system. Experiments to try curbing as
an alternative by ACHD were only tried on much larger, ten to sixteen thousand square
foot lots. Third, they are requesting a Variance to block length requirements. In
summary, I oppose the proposed Clearbrook Estates Subdivision on the general
grounds that by adding another subdivision it will hinder the existing property values of
Meridian residents from appreciating and on specific grounds over standing water
issues and the need for a Variance. I thank the Mayor and the Members of the Council
for allowing my input.
Corrie: Okay. Thank you. Any questions of Mr. Broer? Okay. Thank you. Anybody
else wish to testify? Okay. Mr. Cook, do you have any -- you got the last word if you'd
like. Any questions? All right. Thank you. Council, discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I will kick off the discussion. I am somewhat amazed that Mr. Cook
was able to get a response from Nampa-Meridian Irrigation District. I'm rather in awe. I
-- and I do appreciate the fact that we now have a better design for the drainage in the
Meridian City Council Meeting
July 22, 2003
Page 49 of 78
dry ponds. I guess I continue to be concerned with that -- with granting a Variance. I
know a number of things have been tried with traffic slowing or calming, but I think that
Councilman Nary had a point with his comments. If you have cars parked along the
side of the road people tend not to notice those things and I do appreciate Mr. Cook's
comments about drivers will drive over anything if they have the desire to. I have
actually seen that happen. I just don't know if we are being creative enough with the
traffic calming on that. This is an in-fill piece. I think that the applicant has attempted to
do what he can with the open space. Certainly, a pathway is a great amenity and a
good open space amenity at that. I'm still kind of undecided about this project, but I do
appreciate in that high water table area the efforts that have been made to make those
dry ponds, instead of wet ponds. It certainly is going to have a lesser affect on
mosquito breeding areas and certainly, I think will have fewer problems through a Public
Works perspective than the way it was proposed to begin with.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess I'm sort of torn as well. A recognize, as Council Member de Weerd said,
this is an in-fill piece, those are very difficult to sometimes fit the needs of the
development and configuration of what they have to work with, so I recognize that's a
problem going in. I am very concerned about the street configuration and I'm not as
concerned about the -- what's been raised by Mr. Broer as to the mosquito issue, I think
that's been taken care of, I don't really think that's an issue any longer. The issue also
that he raised -- Mr. Broer raised in his written material. The fact that Idaho -- the entire
state of Idaho is 41 st in housing appreciation really isn't very relative to whether or not
to approve a 36 home subdivision and the fact that the city of Boise is 140th in the
country in appreciation actually speaks pretty well for this area. I think that's pretty
good. Most of the other cities that finish higher aren't necessarily places that you would
want to live, because the reason their housing prices are going up is because there is
not a lot of houses to get. It's usually overcrowded and it's very metropolitan and I don't
think those are areas that necessarily are really comparing apples to apples, so I'm not
sure that that really is compelling. I am very concerned about the Variance to allow this
straight block down the middle of this subdivision and the traffic calming I don't believe
is adequate. I have driven down Waterbury and I have driven in the past in some of
those areas. There are some concerns and I think we are just creating a problem here
by allowing that. Again, I don't fault Mr. Cook, I think he's done the best that he can with
this property, but I really think that there has to be something more creative to be able to
alleviate those concerns. I think one of the things at least that I have said a number of
times in looking at these subdivisions as we have seen them come across is creativity
really can make the difference here, especially on small, skinny pieces of property like
this. This is one that I just am not convinced yet that this is the best that can be done
with the piece that's there to alleviate that type of concern. I know we grant Variances
fairly routinely on some of these subdivisions. I'm concerned in granting this Variance
we are really just creating a traffic hazard that we are going feel sorry for later.
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July 22, 2003
Page 50 of 78
Corrie: Okay. Any other discussion? Okay. Do you want to continue the hearing,
Public Hearing, close it, -and make a decision?
Nary: You spoke first.
De Weerd: Mr. Cook has stated that he did what he could with the traffic calming and,
you know, if there is no other alternative than what we have today, I don't think we need
to continue it.
Corrie: Okay. If that would be your wish to Council, I would entertain a motion to close
the Public Hearing.
Nary: Mayor, I move to close the Public Hearing.
De Weerd: Second.
Corrie: Motion made and seconded to close the Public Hearing on Items 12 and 13.
Any further discussion? All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: The Public Hearing is hereby closed. Further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I hate to see all the efforts, in particular about solving the drainage
problems for not. I can't support a Variance for -- I don't see that it meets the criteria of
the Variance on block length, because I do think there can be something different in
design to help break that up, and I guess it would still need a Variance, but I'd feel more
comfortable if it had something more obvious to slow traffic down. Really, that's my only
remaining issue is I do not feel that I could grant the Variance and so the plat would not
be in compliance with our city ordinances.
Corrie: Well, without the Variance you wouldn't have the Preliminary Plat. Any other
discussion? Okay. Let's -- if you're ready for the question, we will do Item Number 12.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I need to caution you on this Variance
issue on the block length. The way the block lengths are calculated, there really isn't
anything this applicant can do with this piece -- there isn't anything this applicant could
do with this piece to make it into two blocks. Because of the subdivision to the south
Meridian City Council Meeting
July 22, 2003
Page 51 of 78
has no connections across the South Slough and the subdivision to the north only has
the one stub street at Northwest 3rd Avenue, so ifthere was ever a case -- and I'm not
saying you have to approve this development, but if there was a case for the Variance,
this is it. There is no other way to create shorter block lengths in this piece. That is a
separate issue from the traffic calming in the plat. I mean you can still have a long block
with a different traffic-calming device. I'd also remind the Council this is not an
annexation and zoning piece, this property is already in the city limits, so the issue is the
plat and the Variance for the block length. If you deny the Preliminary Plat application,
you're required by code to tell the applicant what they must do in order to obtain
approval for development on this piece.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I appreciate -- I appreciate that and, yes, I kind of got ahead of myself that
this is something that he can't do anything different. I do think it can be -- the traffic
calming can be different than what has been offered and that straightaway -- you look at
Waterbury, you know. For example, to the south, that kind of breaking the straight line
certainly does slow the traffic down. I guess that was more of what I thought we might
be seeing. I know that the piece of property that the applicant has to work with, he is
going to lose a couple lots, but the little bump outs just are not -- are not enough, in my
opinion. I'd like to see something done better, but the applicant didn't show that he'd
like to give it another try, so I guess we can go ahead make a decision on it.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I, too, appreciate Mr. Nichols pointing those out and this I think, as Council
Member de Weerd said, I mean I think this rendering really shows what you can do. I
recognize it's limited, but if I look at this map, this road is curved to avoid the straight
line. This road has an island in the middle of it and this road is curved. These pieces
are no larger -- or if they are they are slightly larger than this piece and, yet, they still
found something else to get the traffic slowed down and I just don't think that those
bump outs are adequate.
Corrie: Mr. Nichols, let me ask you a question. If the Council approved the Preliminary
Plat, they couldn't do anything, because it takes a Variance. Could they come back on
a Variance to that block length and do what Mr. Nary has suggested?
Nichols: Mr. Mayor, if I can restate your question to make sure I understand what your
question is, are you suggesting that the Preliminary Plat be approved, the Variance be
denied, which requires them to come in with a new Variance application with a new
traffic calming design?
Meridian City Council Meeling
July 22, 2003
Page 52 of 78
Corrie: That's sort of what I meant.
Nichols: Okay. Mr. Mayor, Members of the Council, I think the Preliminary Plat is the
place for the traffic calming design, not in a Variance application. The plat itself would
have to show the traffic calming devices the Council would approve, because the Final
Plat is, then, based upon that Preliminary Plat and any significant variation from it
doesn't really tell the applicant what kind of traffic calming device you're really looking
for, other than Councilman Nary's comment in terms of islands, that sort of thing.
Corrie: Okay. Thank you, Mr. Nichols. Any further discussion?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Did we close the Public Hearing?
Corrie: Yes.
Nary: Okay. I guess I'll just take a stab at it, then. I would move to deny PP 03-007,
the request for Preliminary Plat approval of 36 building lots and seven other lots on
11.65 acres in an R-4 zone for Clearbrook Estates Subdivision by R.K. Development.
West of North Meridian Road and south of West Ustick Road, basically for -- that the -- I
think as Mr. Nichols stated, the traffic calming, the traffic method. The traffic design of
this Preliminary Plat we feel is inadequate and a potential traffic hazard and that they
need to address the -- as direction, they would need to address the traffic calming
measures more than has been proposed in this current Preliminary Plat in providing
better traffic methods. I'm not trying to design their project for them, because I look at
three different alternatives that are above me, so I'm not a traffic engineer, but there are
other alternatives to the traffic that the traffic pattern as proposed is inadequate and
they need to address the safety concerns that have been addressed by Council. Is that
adequate if we get a second, Mr. Nichols?
Corrie: Do I hear a second to the motion?
De Weerd: Second.
Corrie: Okay. I have a second to that motion. Any further discussion? Okay. Hearing
none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: Okay. Three ayes. Motion is approved.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council Meeting
July 22, 2003
Page 53 of 78
Corrie: Item No 13 is -- I guess we have to do the Variance now, don't we.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: And before I make the motion, I would comment I would agree with Mr. Nichols
that if the plat had been approved, this Variance is the only method they really can do.
It would be pointless to make stub streets to the south to break up the block length,
because there is no -- there is no connection to them, so it would be -- unless they
provided something else to that, it seems kind of pointless. I would move to deny V AR
03-012, the request for a Variance to the block length requirements for a block on the
south side of Clearbrook Street for Clearbrook Estates Subdivision by R.K.
Development west of North Meridian Road and south of West Ustick Road, and for
Findings of Facts and Conclusions of Law for denial based upon the denial of the
Preliminary Plat.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded for the denial of the request for
Variance. Any further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess since we all agree that there is going to be no other thing they can
do, if they come back with another Preliminary Plat, then, they are going to have to
apply for the Variance again and that -- I mean how -- why? We know a Variance would
have to be granted, so they would have to pay another fee. I guess I don't know what
my question is, other than we already realize that they are going to exceed the block
length on whatever they come back with and so it seems meaningless to make them
pay another Variance fee when we recognize that this fits the Variance. Could any
future applications on the Preliminary Plat, the Variance -- or a fee Variance -- fee for
the Variance could be" waived or -- you know, I --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I don't have a real objection to waiving the fee. I guess the problem is that if we
don't deny the -- if we were to grant the Variance instead, we would only have a
Variance and no application and no -- nothing else. We'd have to do something in that
regard. Whether or not we waive the fee for a future application -- you know part of it is
we don't know exactly what it is they would design.
Meridian City Council Meeting
July 22, 2003
Page 54 of 78
De Weerd: exactly.
Nary: I mean it could be any length, so it's really hard to know, so -- and maybe by that
time that block length Variance issue won't be an issue anymore. Maybe we won't have
the same ordinance that we can address with it, it may be different, so I don't know, so-
De Weerd: Just--
Nary: How much is the fee?
Hawkins-Clark: Three hundred and fifty.
Nary: Yes.
De Weerd: It was just a question that I wanted to throw out there and -- would staff
have any recommendations on that?
Hawkins-Clark: Well, Mr. Mayor, if I -- maybe a question for legal, too, is my
understanding has always been that while, yes, the Variance application was submitted
in conjunction with a development application, it's not unlike a Conditional Use Permit or
a zoning, in that it would run with the land. Is that not correct? I mean if -- so that if it's
approved on this parcel of ground, if this parcel now basically has somewhat of an
entitlement, if you will, that says this piece of -- this tax parcel has a Variance on it for
block length that says they don't have to construct a block -- a new block to the south.
Nichols: Mr. Mayor, Members of the Council, I think Brad's right, I think you can have it
run with the land, I think you could also put a time frame on it and have it, you know, five
years, some reasonable period of time that if no application had been submitted by
then, that the Variance is gone. Again, you're looking at a parcel where because of your
lot dimension standards for this particular zone, there is -- you're either going to have
the road go through the middle or -- or no place. I mean ifs -- and so it's going to have
to go through the middle and, as such, it's going to exceed the block length. Even I
think in the proposals for revision to the block length ordinance this one would still
probably exceed what's been considered there. This one is different than some of the
ones where they requested block length Variances inside of an 80 acre piece where it's
just because of the particular configuration, you know, that they have got a long block.
They break it up with pedestrian pathways and some other things, but this one is very
different from that, because of its in-fill nature. It could be that I'm missing something,
but I don't see where granting the Variance gives up anything with regard to future
Preliminary Plat design that you wouldn't be required to accommodate anyway, because
of the nature of the in-fill parcel.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Meridian City Council Meeting
July 22, 2003
Page 55 of 78
Nary: I understand wherB Mr. Nichols is coming from and I understand what Brad is
saying, but I guess 1'm not ready necessarily to approve a Variance, although that is the
likely outcome in the future, without having some idea what it is. I mean we are almost
doing it in the dark if we do it any other way, because -- and, again, maybe that's just
the static way we do things, but having it tied to a plat that is proposed makes the future
ability to verify that, to look at that, to make sure it's complying with that, much easier.
All I can envision is we grant a Variance now that allows a block length that basically
matches no plat, other than just saying you can vary from the block length ordinance,
the ordinance changes that may impact this or not, we don't have a way to really
address it. I mean I think you're absolutely right, Mr. Nichols, I think we probably legally
can, I'm just afraid to set that precedence and do that when there is no -- there is no
assurance as to how they are going to actually do this in the future. I mean they are
limited, but, still, I just -- I guess I'm just not ready to do that.
Corrie: Okay. Any further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I'm not ready to do that either. That's why I only asked about the
fees. You know, I'd hate to approve a Variance without seeing what the plan is, but I
was just more concerned about the fee issue, how many Preliminary Plats are we going
to have to look at and how many Variances will they have to apply for before this gets
approved.
Nary: If we reject the next one, maybe we can look at waiving the fee.
Corrie: All right. Any further discussion?
McCandless: Question.
Corrie: Motion before the -- okay. The question has been called for and the motion is
for denial of the request for Variance. Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: All ayes. Motion to deny is approved.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Item Number 14--
Cook: Excuse me, Mr. Mayor. Was the fee waived?
Meridian City Council Meeting
July 22, 2003
Page 56 of 78
Nary: No.
Cook: It was not. Okay.
Item 14:
Public Hearing: FP 03-038 Request to amend conditions of approval on
the Final Plat for Packard Acres No.2 by the City of Meridian - east of
North Wingate Lane and south of East Ustick Road:
Corrie: Item Number 14 is a Public Hearing, request to amend the conditions of
approval on the Final Plat for Packard Acres Number 2 by City of Meridian, east of
North Wingate Lane and south of East Ustick Road. I will open the Public Hearing and
invite staff's comments.
Hawkins-Clark: Thank you, Mr. Mayor, and Members of the Council this application
was an application that was initiated by the city. The application is to amend a Final
Plat. The plat for Packard Acres No.2 is shown in bold on the screen. Ustick Road is
on the -- the north, Wingate Lane is called out here, and it doesn't reflect graphically on
here, but certainly does connect to Ustick Road and comes down along the eastern
boundary of this Packard Acres Phase Number 2. The public street that is shown here
on the south boundary is -- is East Challis and that is a public street that was approved
to cross Wingate Lane. I have submitted a number of different items into the public
record that give the history and background on the project, which I think probably the
Council and the majority of the public that are here are well apprised of the background
to the project, so I won't -- unless you need me to, to go into that. It is there with the
three or four attachments as I was included. The -- just a couple of photographs are
shown here as well for the Council. Wingate Lane is currently gravel, which is shown
here on the upper left picture and, then, the bottom right picture here shows a picture of
East Challis crossing Wingate, which is in between the two fences here and it is paved
30 to 40 feet back from East Challis. East Challis does -- is certainly paved and
sidewalked, curb, gutter across the distance there. In the application that you have
there is a cover letter dated June 10, which addresses? couple of conditions that start
on page two and the conditions are pUlled from the Final Plat order of approval that the
Council placed on Packard Estates, LLC, which was the developer of -- of the Packard
Subdivision. Exhibit A in the application has a copy of the order that has all of the
conditions listed there. Council did, on February 11th, have a Pre-Council Meeting
where Mr. Dale and Helen Sharp, which are owners on Wingate Lane, which is this five-
acre, parcel here on the bottom of the screen that's currently shown RUT. It is Ada
county zoning, reside, and they did testify at that Pre-Council Meeting that they had
some concerns about how the city, particularly, the Planning and Zoning Department,
was enforcing a couple of conditions. At that meeting the Council, as you may recall,
sort of sent staff away with the instructions to kind of address this. We did send a letter
to the Sharps that addressed what we felt was Council's direction, particularly the issues
that are at hand on this application tonight, our proposal to remove two conditions, one
of those has to do with a gate across East Challis. The conditions that are currently on
this plat say that the developer was to construct a gate on both sides of Challis to keep
vehicular traffic from moving east west. It would preserve an opening for pedestrians,
Meridian City Councfl Meeting
July 22, 2003
Page 57 of 78
but that was -- that was the extent. The Highway District did have a meeting
subsequently, they chose- to remove that condition. They said that they do not -- they
did not feel that they were within their legal rights to obstruct the public right of way.
Therefore, the developer was asked to remove those gates. The condition remains in
the city's conditions, so we are proposing to remove that on the basis that the Highway
District has the jurisdiction over public rights of way. Essentially, we are saying we don't
and we are going to remove that, because of the Highway District's decision. Then, the
second condition on this Final Plat is condition Number 22. It has to deal with
developers or contractors repairing damages that they cause to the lane and that has
also gotten some discussion. There is input into the public record as well, that the -- we
feel that there is very little grounds it's a fairly unenforceable condition the way that it
was approved. How does the city have evidence of the exact conditions of the lane
prior to the approval and we would need to sort of track the maintenance of that street
throughout the development and at this point we don't feel that we have the staff, nor
the -- really, the understanding of how to enforce the condition. We certainly agree with
the owners that there is -- it is a lane that shows up on some maps. It certainly is going
to get used by people that do not have the right to access the private lane. That
Wingate is not unusual in that regard, there is a number of lanes in the city that -- or not
in the city, that, you know, the homeowners on that lane who are the primary users of
the easement have the responsibility to maintain and sign the lane, et cetera, so that it
gets used by only those that have the right to use it. I think, in summary, that's what this
application is for is to help to bring this project to a place where we feel all the
conditions are enforceable or have already been met. I think that's all I have at this
point.
Corrie: Thank you, Brad. Any comments, questions from Council? Okay. Is the
developer or representative here this evening? Is the testimony you are about to give
the truth, the whole truth, and nothing but the truth, so help you God?
Wyrick: It is.
Corrie: Name and address, please.
Wyrick: Stacy Wyrick, Packard Estates Developers, LLC. Place of business 6223 North
Discovery Way, Boise. 83713. I would like to state that on condition Number 20, which
was putting up the gates across Challis Road, we did meet the conditions of the city
and, then, it was, as Brad stated, overruled by ACHD, at which point we took down the
gates. There were two meetings that were held and one work session that was held in
discussion of taking down these gates. I was not personally there. However, what
came about from that was that the developer would agree to put up an electronically
operated gate on the Wingate Lane side to decrease traffic flow for them. However, for
him to put that up or us to put that up, the users on Wingate Lane needed to sign a
maintenance agreement stating that they agreed that once this mechanically operating
gate was up, they agree that it was their maintenance responsibility. The developer's
attorneys drafted said maintenance agreement and has yet to ever be given back to the
developer, so he has never put up the gate. However, he has gone through and put up
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July 22, 2003
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signage along Wingate Lane saying that that is not access, for the homeowners not to
enter that lane, it's a private lane, do not enter. On condition Number 22, it's really a
non-issue. We have contributed to the maintenance on Wingate Lane and the
developer has also agreed to contribute again. He owns property along Wingate Lane
and so he contributes through that fact and he has agreed with the person that runs the
fund, so to speak that they contribute to this maintenance he's agreed to contribute to
that also. Do you have questions?
Corrie: Any questions? Okay. Thank you. We have one, two, three, four, five, six
people signed up for -- against this. Is there anybody for it at this point? Okay. I'm
going to have a three-minute time limit on this. We have been through this many many
times. I think we are well aware of what's going to be said, but let's -- we want to hear if
there is anything new about this, so we will give the people here that signed tonight, or
anybody else that would like to testify, you have a three-minute time limit on this. With
that understanding, we will start with Dale Sharp first. Is the testimony you're about to
give the truth, the whole truth, and nothing but the truth, so help you God?
Sharp: Yes.
Corrie: Thank you. Name and address, please.
Sharp: Dale Sharp. 4445 Wingate Lane. First off, I want to object to changing any of
the conditions being proposed for change here and the thing to remember here is that
the City of Meridian, ACHD, developers, and contractors are responsible for their
decisions and accountable for their actions. In regard to Item Number 2, repair of
damage to lane, quote the Planning and Zoning Department is fully prepared to enforce
the conditions, but only after we have the appropriate evidence to support our position,
photos and so forth. The City of Meridian's fundamental responsibilities are to insure
the safety of its citizens in their private property. It is only -- it is not the responsibility of
ordinary citizens to monitor or even provide evidence that conditions established by the
city through numerous Public Hearings are being carried out, as the citizens do not
have enforcement authority. This is empowered to public officials. The City of Meridian
had ample opportunities to enforce these conditions as their vehicles traveled up and
down Wingate Lane daily from Ustick to access Packard Estates on both the east and
west side of Wingate Lane. Furthermore, we contacted enforcement officials by phone
on numerous occasions to observe conditions of the lane as a result of development
activities. We also sent letters requesting information on how to proceed with
enforcement of rulings by the City of Meridian and this went -- on September 9th we
sent one to Mayor Corrie and a copy of it went to the City Council and on November
15th to Mayor Corrie or City Council and a copy to the Ada County Commissioners. We
said -- on this one we said the conditions for approval of the Packard Subdivision were
thoroughly discussed and agreed to during public meetings. What happens when the
conditions placed on a subdivision are not followed? We are requesting the developers
of Packard Estates Subdivision to be held into compliance with agreements reached
during public meetings or be subject to legal action by the City of Meridian. No
response to any of this. After the fact, we received information during our February 11,
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July 22, 2003
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2003 Pre-Council Meeting saying we should provide pictures and, again, on February
24th stated that we should have had pictures, but not -- this request was not made
before that. In regard to the conditions of the lane, steel posts, large boulders and rocks
were left on the easement after development activities and I rolled those rocks and
boulders aside and I put the steel posts off the easement against the telephone poles,
so people wouldn't run over those and damage their cars or other -- we had to -- Kiwis
had identical language in their contract to repair any damage, Mr. Nary. We had had 12
-- about nine years of this and now we have got three months -- three minutes to rebut.
I would request a little bit more time.
Corrie: I'll give you one more minute and, then, you stop.
Sharp: Qwest had identical language in their contract and they repaired that without us
having to say to them go out and take care of this. The City of Meridian repaired
damage to the lane when they crossed at the sewer by the slough and we didn't to have
supply photos to get that done and it was very obvious -- damage to the lane was from
all the development activities beyond normal wear and tea and so we are saying that
this should stand, this condition should stand, and any contract would have the repair
from damage from development.
Corrie: Okay. Thank you, Mr. Sharp. Helen Sharp. Is the testimony you are about to
give the truth, the whole truth, and nothing but the truth, so help you God?
H. Sharp: Yes.
Corrie: Name and address, please.
H. Sharp: Helen Sharp, 2445 Wingate Lane and, I, like my husband, I feel that we
should be entitled to a little bit more than three minutes, especially when we have sat
here all evening listening to those that have gone on and on and we do feel that we
have a little bit new information. The big question to me is why, why are they amending
a Final Plat after all this time once the subdivision has started. The City of Meridian,
after a Pre-Council Meeting, told the city -- Planning and Zoning they had to adhere to
all conditions, not part, but all of them, and when nothing was done, I wrote -- contacted
Brad -- he probably got tired of me -- saying why aren't these things being adhered to
and nothing was done. It goes on and on. Of course, there was -- I'm referring
especially to condition 20 that states until two five acre parcels, the one known as
Reichart and ours is developed, there would be fencing along Wingate Lane from the
north boundary to the south boundary, with emergency gates across Challis Road. This
was known by the developer's way back in 1995 when the issue was started and we
had meetings with Ada County Highway District and they agreed to it. Now that the --
as I say, now that they have started, then, they want to change that and I don't think
that's right. It's like any law. I realize that there is supposed to be a law now similar to,
but not the same as, a ruling in Sandpoint, Idaho, where Ada County Highway -- or the
highway district is supposed to have jurisdiction. There is also other legislature that I
have here that says if it's new, than the city or Ada County has jurisdiction, otherwise,
Meridian City Council Meeting
July 22, 2003
Page 60 of 78
the road district has the jurisdiction. Oh, they also said that when they changed their
mind on the meeting of February 27th, 2002, that was not a Public Hearing. There was
a letter written stating that it was for the residents of Wingate Lane, developers, and
their people, but it was not a Public Hearing. The City of Meridian was not included in
that. I cannot believe, then, that they could go ahead and change -- 48 hours later the
gates were down and Challis Road became a public road. Another thing, too, is Ada
County has got to have some say. Their description of a private lane is you cannot
have a public road to the north, Ustick and Challis. From Ustick to Challis it cannot be a
private lane. Are they addressing it as a private lane or are they addressing this as a
public lane. If it's private, they will have to put the fencing back on and make sure it's
private and Ada County also says you cannot have a gate across Wingate Lane, which
they said that we agreed to. We did not. Some the residents were in favor of a gate
across Wingate. The only ones that would be jeopardized, so to speak, by it is us. We
are the dominant, the developer is servient to us. That also goes back to a ruling here
that I looked up in the law library, the Idaho law book, private land use or arrangement,
KS 657, K67, 1990, S406, interference by the servient owner, the developer, they are
servient to us, that states the servient owner may make any use of his land which does
not interfere with the reasonable use of the easement. It also says that the servient
owner can do nothing to diminish the use of the easement or make it more
inconvenient, costly, or hazardous. It has made a tremendous hazard there and that
has been confirmed by Captain Musser of city of police Meridian -- city police. He has
been out there and checked and found out it is a very serious condition and that has not
been addressed either. We also have -- if it's a public lane -- if it's a public lane, then, it
has -- a public road, then, it has to be brought up to standard and that was not done.
We have also been told repeatedly that if there are more than four houses on the lane
that's over 400 feet, it has to be -- the fifth house has to bring it up to standard. We
have eight houses on the lane and, of course, it has not been brought up to standard.
We -- the question is is it going to -- is it a private lane? We have a private road
agreement that I'm sure you're aware of that was -- like I say, we sat here all evening
listening to others for hours, the Council included -- that states that it's a private road
agreement from 1913 and that everybody knew about. The Ada County Highway
District, the developers, and everybody knew that by joining those two there was going
to be problems. They could have designed that with cul-de-sacs, they could have put
stub streets. Have you ever gone to a subdivision that didn't have cul-de-sacs? What
do they do when they got a cul-de-sac they go around? The question is why -- why
should they at this point in time take away from us the residents on Wingate Lane? My
husband and I have been there since 1968 and we have -- since they opened that up
and made Challis a public road, there have been residents from the subdivision that use
it. It's been posted private lane, no trespassing, but, obviously, if we can't teach kids to
read, we can't teach adults either, because they do not abide by it. We have -- one of
the neighbors, I'm sorry to say --
Corrie: Mrs. Sharp, your time is up.
H. Sharp: I'm sorry, sir, but it just doesn't make sense --
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July 22, 2003
Page 61 of 78
Corrie: I said your time is up.
H. Sharp: That's not fair. That's just not fair.
Corrie: There is more out there that --
H. Sharp: That's not fair. When we sat here and listened to them spout off for ten or 15
minutes and we get four minutes, that's just not right.
Corrie: No, they didn't spout off for ten or 15 minutes. Sit down, please.
H. Sharp: Yes, they have. Yes, they have.
Corrie: Okay. Billie. Is the testimony you are about to give the truth, the whole truth,
and nothing but the truth, so help you God?
Premo: Yes.
Corrie: Thank you. Name and address, please.
Premo: Billie Jo Premo. 3045 Wingate Lane.
Corrie: Thank you.
Premo: I would just like to enter into the testimony how much our lane is impacted, so
you realize that it is affecting not just the Sharps, but all the rest of us who are on the
lane. I teach at a year around school, so I'm not home during the daytime a lot and
haven't seen as much as some of the others who are on vacation who would be here if
they were here, but -- in town, but I live -- one of the northernmost people on the lane
and so we get the traffic by our place all the time. We get everyone who comes down
the lane passed our property and the amount of traffic has -- well, I can't even
enumerate the amount of traffic that has -- you know, the volume has picked up so
much. Just a couple of incidents. We know of people down in the subdivision who are
giving directions to their place to people who are coming to. work, because it's easier to
give them directions, so they come down the lane, even though they know they are not
supposed to use the lane. Yesterday I was out working in my garden and one of the big
construction trucks came through with all of the debris from the construction zone, they
know they are not supposed to do that, but they are doing it all the time. It is just an
endless -- we see people go in with the logos on their -- on their trucks that say, you
know, they are construction people, they go down, we watch them go and turn and go
into the new area that's being developed and we are at your mercy, you know, what do
we do? We have a speed limit zone posted. They say that on a private lane you can't
have -- legally you can't have a speed limit, but we are asking for 15 miles an hour and
people go by 35 to 50, because it's such a straight shot, you know, it's a half mile long,
and they get to roaring down there, even though it is a gravel lane and we just -- we are
at your mercy, because we don't have any rights. We pay for it, it's my land, I pay taxes
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July 22, 2003
Page 62 of 78
on it, but I have no control over it and we are so frustrated, we are so frustrated. We
have been at every meeting for almost -- well, a good eight years and every time people
say we will make provisions for you, we will do something, and, then, the next meeting
it's like you haven't even said anything, because you're trying to change it again and we
are frustrated because we have been promised things for eight years and almost every
promise has been broken and we have a terrible problem that we stated was going to
be a problem the first time that we came in here and it has just plowed ahead as though
we have no rights at all and that's our concern and that's why we wanted to come and
restate our concerns. Thank you.
Corrie: Thank you.
Nary: Mr. Mayor?
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mrs. Premo?
Premo: Yes.
Nichols: I'll defer to the Council Member first.
Nary: Well, I was just going to ask you, Mrs. Premo, that Ms. Wyrick had stated that
there was a discussion with the homeowners about putting an electronic gate and, then,
the homeowners maintaining that gate going forward and, then, that had never been
agreed to and hadn't been --
Premo: That has not been signed and I cannot speak for everyone, but I felt like this
issue about the gates and the issues that the Sharps were addressing should come
first. I, as -- the land I sit on was the original homeowner that granted the easement to
go down to the Sharps and I feel that I need to honor that until such time as I'm not
under that moral obligation to them anymore and, therefore, I stand until we are told that
East Challis must stand and that you don't have to stand up to the agreement to have
that gated until that property is sold. I feel that I am morally obligated to them to stand
with them and not sign anything that would take the burden off of you.
Nary: Well, I guess -- I guess I understand your point, but I also think that part of your
concern that I have heard was the traffic that's using it --
Premo: Oh, it is very definitely a --
Nary: And that could be solved by having a gate there.
Premo: It could also be solved by cutting off Challis.
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July 22, 2003
Page 63 of 78
Nary: I understand, but what I'm saying is -- so, then, what you're telling me, then, is if
agree with the staff that we can't gate off Challis, because it is a public road and the
highway district has control over that, you would, then, rethink on whether or not to
provide that electronic gate that would only allow access to the Wingate Lane residents
and that would cure your traffic problem.
Premo: That would address my problems, except fOf my moral obligation to the Sharps.
Nary: I understand. At least it would address your traffic problem better than what you
have today.
Premo: Yes. We have no control today.
Nary: Thank you.
Premo: Yes.
Corrie: Mr. Nichols? Something Lee Roberts? I'm sorry. I don't do too good a job of
reading names. Is the testimony you are about to give the truth, the whole truth, and
nothing but the truth, so help you God?
Roberts: Yes.
Corrie: Okay.
Roberts: Dixie Lee Roberts at 2855 Wingate Lane. I feally have a lot of concerns with
the gating not going up on the lateral side of Wingate Lane. It is a private lane. We pay
for the maintenance of it and it's tripled, the traffic that comes down through there. I
also work during the day, but I have recently had surgery and so I had an opportunity to
stay home for a couple months and I would watch the workers come down on the
Wingate side of my house and, then, I have a big window on the west side and I seen
them go around and park where they are doing their construction and large trucks come
down through there and they just barrel down through there and they are the supplies
for the subdivision and it's really a problem as far as the children the pets and people
just come down through there at 50 miles an hour and late at night and it's really a
problem. I know the gate across Wingate, they have proposed that, but, like Billie Jo, I
just don't feel like it's fair to the Sharps, they are at the end of the lane and it would
cause them problems and I want to be supportive of Dale and Helen and that's my take
on it and I really feel like they promised us the gates on the lateral, each side of Wingate
Lane, and I just feel like that isn't being honored.
Corrie: Okay. Any questions?
De Weerd: No. Thank you.
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July 22, 2003
Page 64 of 78
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mrs. Roberts?
Roberts: Yes.
Nary: Where do the Sharps live? Right here?
Roberts: No. Clear down.
Nary: Right here.
Roberts: Yes. No. Clear on down. Right there. Yes.
Nary: So, I guess I'm curious, what I was understanding is what the developer is saying
is they'd put a gate right here.
Roberts: I don't know. Is that where? Is that Challis right --
Nary: On the north and south side of the lane, not the east and west side of the lane.
Okay?
Roberts Okay.
Nary: So, I guess what I heard you and I heard Mrs. Premo say, you have this moral
obligation to the Sharps, but if there is a gate here -- but all we are talking about is gates
here. I mean this is all -- this is all Packard Estates but they would put gates here right.
I guess I don't see any point from what you're telling me. What you have said to us was
your concerns about the Sharps and I'm just asking you, not the Sharps. They have
had their opportunity, but what -- what prevents them from accessing their property if
there is a gate here and not across Challis, but here -- they can access this southern
part of the lane and they can get to their property. Why does that concern you?
Roberts: Well, because they want usage down to Ustick down the lane and I think they
have the right to have that.
Nary: Okay.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, before we go any further in testimony, I think it would be
appropriate to get Ms. Wyrick back up and have her indicate where these gates would --
Meridian City Council Meeting
July 22, 2003
Page 65 of 78
how many gates, where it would be, that sort of thing, so that you understand what that
proposal was.
Roberts: Thank you.
Corrie: Okay. Thank you. Where are these gates? Take that microphone with you
right there. This one right here.
Wyrick: Can I just clarify? The gate that we are speaking of right now would be the
gate that the developer would be willing to put in to not have traffic on Wingate Lane;
am I correct. Not the gates that we put up across Challis to prevent cross-access. The
private lane gate would be right here. Thereafter, this traffic -- there is no -- there is not
a way out down here nobody would be coming down here. It would prevent any traffic
from going up to Ustick Road, which is what the head of the lane people are having
problems with is the traffic going out to Ustick or Ustick down to Challis and this is
Challis right here. Essentially, the Sharps would be the only folks using this gate to
access their property.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I know we have other folks to listen to, but since Ms. Wyrick is here, I did have
one question from one of the testimony -- and you will get another chance, too. What it
says in Condition 22 is besides the issue of the repairs, was the developers have
agreed that no construction will be allowed to access Wingate Lane and what I heard
one lady say was they are continuing to access Wingate Lane now. That's something
the developer does have control over and what are they doing to alleviate construction
traffic, because it sounded to me, at least from one person, that they are still doing it.
Wyrick: Well, right now we can't block off their lane, we can't block off access for them.
Nary: No. No. No. No. You can control the developers and the construction traffic.
You have to --
Wyrick: We have communicated with our -- our builders to let their subcontractors know
that they can't use Wingate Lane, they are only to use the public streets, you know, we
have communicated that to them.
Corrie: But they are still using it.
Nary: But they are still doing it.
Wyrick: Okay.
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July 22, 2003
Page 66 of 78
Nary: I guess you're not doing enough. That's what I guess my point is. It sounds to
me like you need to be more diligent, because that is part of the condition here that they
are not supposed to continue to use construction traffic. If we separate out the issue of
repair of the lane from when it was initiated, it was a continuing obligation to alleviate
construction traffic and at least what we have heard previously from the Sharps, as well
as tonight, was that's not being addressed either, and that the developer isn't taking
very diligent steps to assure no construction traffic down that, is sort of -- not you
personally, but that the developer is sort of thrown his hands up saying, well, I told them
and they just use it and that's the way it goes. That doesn't seem like enough.
Wyrick: I don't know if it's appropriate for me to ask what the Council would so suggest
that we do.
Nary: Would you do more than what you have been doing now? More than what you're
doing now. If it's not working, then, you're going to have to be more diligent. Maybe not
pay those people, maybe get signed agreements from them not to use that lane.
Maybe police it. Use an off-site manager. I mean I'm not trying to --
Wyrick: Well, we can certainly put it on our option agreement, absolutely, that, you
know, they are not to use that lane. Once a builder has purchased the property, of
course, you know, we have our interaction with the builder and we strongly encourage
that.
Nary: But whose condition is this and who is it that has the continuing obligation under
these conditions, the builder you sell it to or does your client?
Wyrick: Understood.
Corrie: Vern Alleman. Is the testimony you are about to give the truth, the whole truth,
and nothing but the truth, so help you God?
Alleman: I do.
Corrie: Thank you.
Alleman: My name is Vern Alleman, I live at 2101 East Ustick, Meridian. I have given a
great deal of thought to this situation and I'm deeply troubled at what is being proposed.
You may ask why I should be concerned, as I do not live along Wingate Lane and this
does not impact me one way or the other. Let's examine this. In 1913, neighbors got
together, wanted a lane, and said we are willing to dedicate part our land for this
purpose and we will maintain same. The understanding being that it would be a private
lane for the benefit of those dedicating the land. Now, I'll give you the definition of
private. Private: Not open to, intended for, or controlled by the public. Let's see.
Understand this was not public land and there has not been any public funds used for
this lane. Not only that, but the people continue to pay taxes on the land so dedicated
this is truly -- this truly verifies the privacy of this lane. Let me say the real reason this
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July 22, 2003
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concerns me is government taking private property rights away from people. You may
say this is just a small thing and it doesn't -- it doesn't affect me, so why worry about it.
The way we lose our freedoms is by one small incident at a time. Where is the integrity
of the county and the city? What is a Final Plat? When is a Final Plat not final and
when is a Final Plat final? Who decides when a Final Plat can be changed? Can you
site me an instance when individuals have been allowed to change a Final Plat? There
were a number of hearings on this situation and it was always agreed and stated that
Wingate was to be gated. This was agreed to by both the county and the city. The road
across Wingate Lane should never have been allowed. Remember, this is private
property. I ask each of you what you are going to do when the government invades
your private property. This lane can and should be gated just as gated communities
are, which allow emergency vehicle access. I ask you to put yourself in these people's
position and not change the Final Plat. Please do the honorable thing and implement
the plan you agreed to and at least give it a try before you say it won't work.
Corrie: Thank you, Verno Any questions, Council? Okay. Thank you. I believe the
next one is Audrey Bentley. Is the testimony you are about to give the truth, the whole
truth, and nothing but the truth, so help you God?
Bentley: Yes, it is.
Corrie: Thank you. Name and address, please.
Bentley: Audrey Bentley, 620 East Wakely Court, Meridian, Idaho. 83642. I think we
are all pretty frustrated here. I know I'm frustrated. This is the first meeting I have been
to, but the Sharps are my parents and I have watched them deal with this for nine years
and I'm pretty -- getting pretty mad, mad at Ada County Highway District, mad at the
developers, mad at the City Council, my parents had to go out and get lawyers -- I don't
know how much time my mom has researched, gone to the law library, and nobody
seems to listen, nobody seems to care. First of all, Ordinance 389 says there it no
gates or other travel way obstacles shall not be allowed on a private lane. It is a private
lane. Ada County Highway District illegally crossed it, there is a lawsuit on that going
right now, as you should know. The question is what are we going to do. You asked
why don't we put a gate right in front of the Sharps? The Sharps have grandfather
rights the people on the lane are subservient to the Sharps. Why should the Sharps be
the only one who has to deal with the gate, because we all know electronic things, they
break down, so who is going to fix the gate when it breaks down? The Sharp? I don't
think so. Why should that be their responsibility? As far as safety, Meridian police has
been out there, they say it's a safety hazard, because it is a safety hazard. People
speed down Challis, they speed up turning up to the lane, which I have almost had
people hit me, hit my children on their bikes, so when it comes down to it, if something
happens to anybody of my family or anybody on the lane, you will take responsibility,
Ada County Highway District will take responsibility and the developers will take
responsibility. The gate should be up on Challis. You guys made that decision in the
last Council meeting. You guys need to do your job and enforce your decisions. Quit--
you just -- you make these decisions -- how -- where in the business world is it that if
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July 22, 2003
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you don't like what somebody told you, you just go make a million changes. That's
what's going on, change_ after change after change. Why don't we do our job and
enforce what you have decided? That's all we are asking you to do. Everybody is so
scared of Ada County Highway District. They are not God. They can be brought down.
Enforce what you decided. That's all we are asking you to do. Thank you.
Corrie: Thank you very much. Is there anybody else that would like to issue testimony?
Okay. The developer is up next. You can -- anything that's come up you can have the
last word here.
Wyrick: I don't know that we really have a rebuttal, other than that we are -- we have
put the offer out there several times to try and compromise with what ACHD has said
their jurisdiction is over and that's to cross Challis and we have tried to provide what
seems like the right thing to do for the parties involved.
Corrie: Okay.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I know our staff and our attorney have looked at several different options
and -- and I hope that Mr. Nichols can address this as well, but from my understanding
of what they have found out is the city doesn't have the authority over roads and it's a
condition in our finding, but because ACHD went the process -- and I guess until this
lawsuit is settled, we have to -- and I guess this -- I would like to be corrected if I'm
wrong -- go with the decisions of Ada County Highway District. The law supports that.
The cases that I know the Sharps have brought up, we've had our attorney look into,
and it still shows that the jurisdiction goes to the Highway District. We feel like our
hands are tied. I also agree with neighbors and I really admire that they are standing to
the agreements that were made in 1913, that the Sharps definitely have grandfather
rights, in my opinion. I don't see why a gate should have to go on Challis to
inconvenience the Sharps when they were the first ones there. Unfortunately, I'm not
the one that makes the decisions on those gates and what opened Challis up. I guess
the lawsuit is going to make those decisions. What our staff was looking at in trying to
change this out of our findings is that it's something that we can't enforce, because we
don't have the authority to do it. Believe me, Mrs. Sharp, if I see that we have the
authority to do it, then, that's something that we can do. What our staff has found and
from the counsel of our attorney is that we do not have the legal authority to enforce
those conditions. We are kind of looking at another way of adopting the findings of Ada
County Highway District in a way that -- that we can have an effect on as a city and
what we can't have an effect on as a city. I understand your dilemma. I think that we
have a dilemma, too, and until I'm told differently, I -- I have to agree with you that it's
not fair, but I don't know what we as a city can do to suggest it. I know -- I've seen Mr.
Alleman at these annexation hearings, we don't want to force annex and so we look at
grandfather rights and say certain things shouldn't happen until those grandfather rights
Meridian City Council Meeting
July 22, 2003
Page 69 of 78
are transferred, because someone has sold their property, and I know the Sharps have
said that. I don't know what the answer is, but I don't know if we can enforce a condition
that we have no legal authority over, and that is why the staff has brought that in front of
us. I guess my question to the attorney is if you can address the legal ramifications of
enforcing a condition that we don't have jurisdiction over.
Nichols: Mr. Mayor, Members of the Council, the issue is -- is one of competing
jurisdictions and where ACHD has, by state law, jurisdiction over the rights of way in this
county, the city's role with regard to streets is limited. They have some role over how
streets are placed, how streets are designed, such as the last Preliminary Plat that
preceded this one as far as the Council denying that plat because of inadequate street
design. The city can't -- the city tried with regards to that condition, but ACHD pulled the
trump card is what it boiled down to. Now, perhaps through the lawsuit we will find out
something different, but I don't believe that that's the case. The other thing that I think
needs to be emphasized here, Mr. Alleman, the developer to the subdivision had
access rights to Wingate Lane. The Wingate Lane agreement from 1913 does not state
a limited number of residences, it doesn't do anything other than state the width and the
property that benefits from the easement. The developer could have insisted on access
to the lane, but chose not to, and I think one of the conditions was we required that the
developer release any interest in that easement. In terms of enforceability, the two
conditions that the application before you requests to be removed from the Preliminary
Plat -- or, excuse me, from the Final Plat. The first is condition Number 20, which is the
condition which required gates, which would be parallel to Wingate Lane and cross
Challis and that is the condition which ACHD has denied the enforceability of and
required the gates be removed. The second condition has to do with repair of damages
to Wingate Lane from the development activity. The easement holders have a private
cause of action for any damages that they wish to prove with regard to that. If I
understood Ms. Wyrick's testimony correctly, the developer is poised or ready to
participate in the maintenance of the lane. The issue of unauthorized construction
traffic is also one that there is a private right of remedy for. If the developer has, in fact,
released the easement for the property under the development, then, those contractors
and material suppliers have absolutely no right to use that lane and, therefore, they are
trespassing. Wingate Lane is, for the most part, county property and I think the sheriff
would have jurisdiction over those that have no right to be there. Certainly, a
preliminary injunction, temporary restraining order, from a private lawsuit would be
available to those lot owners that have rights on Wingate Lane, if that's what they prefer.
I think Councilman Nary's suggestion that there are other things the developer can do to
put some teeth in it. When we see the XYZ lumber truck come down the lane, the ABC
truss company truck come down the lane or the Joe's plumbers come down the lane,
unless they are going to the Sharp's house to fix the sink, then, I think there is some
things that Mr. Groves and the others involved in the development can do. Require the
builders to agree to and maybe impose some penalties that -- that would require -- you
know, I mean contractors are a difficult bunch. You know, we see the signs of the
subdivisions, no loud music, no dogs, no this and that, and they don't always obey
them, but I think there is - the developer is the one who has some control and perhaps
-- I don't know if this particular development is one that's open to all builders or only
Meridian City Council Meeting
July 22, 2003
Page 70 of 78
select builders and there are means at the developer's disposal to enforce that, but I'm
not sure that's the city's b_usiness to do it at this point. If you believe it is, then, I would
revise condition Number 22 to modify and delete all but the last sentence, which would
require the developer to come up with a plan for reducing or eliminating construction
traffic along that lane. Perhaps even impose in that condition that if they do not, that the
dominant estate holders in Wingate Lane have a private cause of action, make them
third-party beneficiaries, and they have a private cause of action against the developer.
Nary: Mr. Mayor
Corrie: Mr. Nary.
Nary: I wholeheartedly agree with what Mr. Nichols said and I think that the best that I
can see out of this hornet's nest that exists is on condition 20, that we would consider
amending it to include the language: If allowed by law. Because, I agree, I don't
believe it is allowed by law. If someone tells us differently, then, the condition could be
enforced. It isn't enforceable today in the current state of the law. I don't have an
objection and I guess I'm going to propose here in a second, unless someone else has
an alternative, that on condition 20 that the developer install -- construct and install
gates on the north and south of Wingate Lane if it will be maintained by the property
owners of Wingate Lane. It's just me, but I would not have put up with this for eight
years. I admire the Sharps to be so diligent in this in not giving up, but I wouldn't have
put up with it for eight years if I had one alternative that at least would eliminate it,
although I recognize it's inconvenient, I would at least have eliminated the problem and
still address the issue, as they are attempting to do. If the homeowners on that lane will
maintain a gate so that that could be repaired, that will alleviate the traffic problem and
at least resolve a piece of the issue. On condition 22, I agree with Mr. Nichols, I would
recommend -- or at least what I'm going to propose is that we eliminate all of the
language but the last sentence. I think what has happened here in just my short time
here in listening to this is that that sentence got swallowed up by the whole issue of the
initial development of this property and it really hasn't been addressed very much in the
last five or six years and that has allowed the situation to exacerbate to where these
neighbors are justifiably frustrated that this has not been addressed fairly at all by the
developers. I think the developer should have to provide a plan to the city as to how to
alleviate or eliminate construction traffic on Wingate Lane to include, but be limited to
signage, gates, or any other alternatives to be approved by the Planning and Zoning
Department and that the private landowners have the opportunity -- have the private
cause of action to enforce it as well if it isn't being adhered to besides the city. There
are only so many things that we can enforce, but I think that's something we can
address better than has been addressed to this point and I think some plan which has
been nonexistent to this point needs to be done, but I don't think anything else in that
condition regarding the preexisting condition of the lane is enforceable eight years later.
I don't think there is any way anyone can enforce that. I don't think that's something that
really needs to continue to be in there. That's my thoughts on those two things, that I
think we need to amend them both and try to address some of these concerns, but
some of this stuff we can't enforce it.
Meridian City Council Meeting
July 22, 2003
Page 71 of 78
McCandless: Mr. Mayor?_
Corrie: Mrs. McCandless.
McCandless: I have a great deal of empathy for the people who live on Wingate Lane
and the problems that they have found, but in listening to our attorney, I don't know that
we can do an awful lot about it. I think it has to be done by private -- what did you say,
private attorneys that can solve those things or attempt to solve them. ACHD -- we fight
with them ourselves. They have so much authority and we can't cross them as far as
their authority with the public roads, but I do feel that you people have a very good
complaint. I honestly don't know what we can do about it, other than what Councilman
Nary has said, but we haven't ignored it like we have been accused of doing. We only
have so much authority when it comes to those private roads and things of that sort.
We can't do anything else.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess in comment to Councilman Nary's suggestion, if we can't impose
the gates on Challis, I guess the only other option would be the gates on Wingate, but __
and I understand the Sharps' objection to it. I really do. What I -- and that would have
to be acceptable to the residents on Wingate Lane. My concern is the gates were to go
on Challis and they would have been maintained by I don't know who, either ACHD or
the homeowners association. Why, if you put gates on Wingate do the Wingate
residents have to maintain them? They didn't ask for the opening on Challis. Why
would that, then, be their burden? Just a question.
Corrie: The only thing I can say it's their lane, it's not a public lane, so the public should
not have to do it. I can see your point that if it's a private lane and they don't want a
gate there, they don't have to put a gate there, but they are not going to stop traffic if
they don't. I mean we have no jurisdiction over a private lane. That's theirs. They can
go to court and the court can settle it and it's been -- r think debated enough that they
are going to have to go to court if they want to get the street the way they want it and I
don't think they will get that either. It's just -- that's the law. I think if I hear Mr. Nary
right, they are going to -- you would eliminate condition 22, except for the last sentence,
and put it on the developer to -- that no construction traffic means no construction traffic.
It's a private lane. Then, they will have to have the sheriff to come out there and get
anybody that wants to, I guess that's on their property, but we can't do it, we can't even
send our Police Department out there and enforce the law on a private lane. I think that
it's going to have to be settled in a court of law and that's the way it's going to have to
be. If there is no other discussion, I will entertain a motion to close the Public Hearing, if
the Council has nothing else to sayan the Public Hearing.
Nary: Mr. Mayor, I did have one more question for Ms. Wyrick.
Meridian City Council Meeting
July 22. 2003
Page 72 of 78
Corrie: Okay.
Nary: Ms. Wyrick, Council Member de Weerd sort of asked the rhetorical question
about the original gates that were on Challis. Those were installed by the developer
and removed when ACHD required them to be removed.
Wyrick: That is correct.
Nary: Who was maintaining them?
Wyrick: They would have belonged to the homeowners association, Packard Estates
homeowners association, just as the homeowners association maintains the perimeter
fencing.
Nary: So, then, why was the obligation put to the Wingate Lane association to maintain
the gates that are moved? If we move them from east to west to north and south, why
wouldn't Packard Estates just maintain them again?
Wyrick: The gates that were put up on the homeowners association property were
more a cedar fencing style gate and the gates that will be put up, should the members
of Wingate Lane choose to accept the developer's offer, are more of a mechanical,
more in the lines of a 10,000 dollar gate that would be mechanical and used only by
them. The gates that were going to be -- that were actually installed across Challis
were for emergency purposes only, they weren't to be opened or closed, or -- other than
a pedestrian crossway, which had a lock on it. I'm not sure if I --
Nary: Other than the value of the gates, the principle of maintaining it was the
obligation of the developer. When did -- why would the principle change of who
maintains it, just simply because the cost of the other gate is more extensive? If you
were obligated to maintain them previously, why would you still not be continued to be
obligated to maintain them now? Just because they are more expensive really isn't the
issue.
Wyrick: I understand. The gates that were put up were for emergency purposes only.
That's what we were told to put up was something that an emergency vehicle could
crash through. Otherwise, the property would have had perimeter fencing, just as the
City of Meridian requires us to put up and there would have been no gates at all.
Nary: But it was also intended not just for emergency -- I mean it was for emergency
access to get through them, but the purpose of putting them there in the first place -- I
mean I can understand your point if we were only talking about a gate on the west side
of Wingate Lane, but they were required to put -- and I wasn't here, but there was a
requirement to put a gate on the east side of Wingate Lane. That wasn't for emergency
access, that was to prevent traffic from driving down Wingate Lane; right?
Meridian City Council Meeting
July 22, 2003
Page 73 of 78
Wyrick: I didn't understand it that way -- oh, too --
Nary: You would only need it on the west -- if all it was was for emergency access, you
would only need a gate on the west side of the lane; correct?
Wyrick: Sure. I understand your point.
Nary: So, once you put it -- once it was required to put it on the east side of the lane, it
only goes to assume that it was also intended to prevent the traffic from driving on
there. Now that we have moved the gates to a different location, why would the
obligation to maintain them change?
Wyrick: I'm sorry, I can't answer your question.
Nary: Okay. Thank you.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I don't know if -- piggybacking on that last
question, if you want to continue the hearing to allow Ms. Wyrick to inquire of the
developer if -- so there could be a response to the question. Another alternative would
be that the gate would be maintained by the homeowners association until the last lot is
developed and sold and built upon or some other issue that could have some
termination date for that maintenance responsibility that would be coincident with the
developer continuing to sell those lots coincident with the need to eliminate construction
traffic on that lane.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess I don't have an objection to continuing it to get a better answer to that
question, but I guess when Ms. Wyrick goes back, if we do that, if Ms. Wyrick goes back
to talk to her client, I guess the answer I want is if we had the legal authority to require
them to put the gates on the west and east boundaries of Wingate Lane and for them to
maintain it, why don't we have the legal authority to put it on the north and south of
Wingate Lane and for them to maintain it. Now, I understand homeowners don't
necessarily want that there and if they don't want it, then, they don't have to have it, but
if they want to eliminate the traffic, that is the only way to eliminate the traffic. There
isn't any other alternative better than that. The issue of maintenance, I think as Council
Member de Weerd raised, is is why should they be obligated to maintain them. The
whole intent initially was to eliminate the traffic on that lane, so if the authority existed to
impose it, I don't see why there isn't authority to make it be on the north and south,
instead of the east and west, so -- but I'm all in favor of continuing it if they can get a
Meridian City Council Meeting
July 22, 2003
Page 74 of 78
better answer to that question and if we don't have the legal authority to impose that,
then, Mr. Nichols can teJl US that and the developer's attorney can tell us that, but I don't
know the answer to that.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Then, I have a question for the attorney. If we have the legal authority to
ask that gates be put on on the north and south, why don't we on the east and west? Is
it because of the right of way issue or -- which I'm assuming that's the case or -- or
what?
Nichols: Mr. Mayor, Members of the Council, we have to look at the issue. A lot of
times these conditions are imposed to try to achieve a compromise and the developer
agrees to them and they are put into the -- either the development agreement or the
findings are agreed upon by the developer as a way to compromise an issue and that
doesn't necessarily mean that it would be an independent way to impose the condition.
We'd have to look at that.
De Weerd: It just seems that expense wise and the developer had already done it, they
put gates up on the east and west side of Challis.
Nary: Yes. They were just wooden--
De Weerd: And that was -- well, they were wooden fences, but they solved the issue
that the developer needed to do and they addressed the desires of the residents. If we
have the legal authority to do it north and south, we should have the legal authority to
do east and west and I guess that's what I want further clarity on.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Yes. I guess I'm not -- I don't believe we do have the legal authority. A gated
community is not like a very complicated issue. They can have a gate across that
roadway if the developer requests it and ACHD agrees to it. It's no different than any
other gated community. I don't think we have the right to impose it. I think ACHD has
the right to allow it. One of the things that I haven't heard from anybody in this is that
the developer asked to put the gate there. They actually wanted to remove it and
ACHD said, yes, it's a public street, take it out. No one's ever asked that Packard
Estates be gated from that point that I know of. I don't know why the developer, to help
resolve this issue, hasn't requested -- and maybe they have, but I don't know this -- why
they haven't requested of ACHD the authority to gate off Challis Street at that location
with gates. That's a public street. That doesn't have a tremendous necessity, at least
from what we are looking at up there, there is plenty of access, you can provide gated
Meridian City Council Meeting
July 22, 2003
Page 75 of 78
access both to the Wingate Lane people, as well as the Packard Estates people and
they can get out onto Challis Street in that location if they want to or they can proceed
through the other ways to get out of that subdivision, but I don't think I have ever heard
anybody say they have asked for it and I think if they ask for it and ACHD agrees to it
they can do it. There are gated communities all over the place.
Nichols: Mr. Mayor, Members of the Council, I don't know, maybe Brad can help me out
on this, but the gated communities I have seen are private streets and so if you're
talking about gating off Challis, as opposed to gating off Wingate, I'm not --
Nary: And I don't know that. Yes. I agree, there may be an issue there, too, but I think
those are the questions that really haven't been answered. There has been a lot of
rhetoric that we have heard about the frustration everyone's felt and the anger they
have had and the traffic that continues and all these other things, but, you know, the
real brass tacks is what can we do to resolve this and I don't know that there is a good
answer that everybody is going to like, but I haven't heard anybody talk about whether
that's a possibility, whether or not it has to be a public street, whether or not it can be
rededicated as a private street, whether or not there is any of those things that have
been explored -- I don't know. To me, if we are going to continue this, then, those are
the kinds of issues that we at least want to talk about a little further. If we are going to
carve out something that nobody's going to like, I'd at least like to have as much
information as we can get.
De Weerd: I agree. Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I don't even know if ACHD can talk about it at the time, since they are in a
lawsuit. How long do you continue it?
Nary: Well, the developer can. I mean he can at least give us more information as to
what's been done to this point, so that we have -- again, if we are going to carve out
something from what we have right now, we at least need a little bit more information
and Ms. Wyrick needs to really talk to her client to get a better sense of what exactly
has been done. I don't know, but I think the Sharps and the rest of the neighbors don't
feel like a lot's been done and I don't know that we have heard a lot, so that's all I've
got.
De Weerd: When do you want to continue it to?
Nary: At least two weeks. Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess I would suggest at least two weeks, if not three. Mr. Bird, I think, would
like to have the opportunity to read the transcript or listen to the tape, and get up to
Meridian City Council Meeting
July 22, 2003
Page 76 of 78
speed. I think he certainly would like to participate in this discussion and I don't know
whether two weeks is cutting it close for him to do that, if three weeks would be better.
Corrie: I would say three. I won't be here --
Nary: Oh, right. Three weeks might be better. The 12th of August might be better to
continue this to try to get some of that information. Again, we may not have much more
than we have today, but I think at least we have to give some opportunity to get a little
bit more information than what we have and, then, Mr. Bird also can be prepared to
participate.
De Weerd: Okay. Well, I would make a motion to continue this Public Hearing until
August 12th, 2003.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to continue the Public Hearing
until August the 12th, 2003. Any further discussion? Okay. All those in favor of the
motion say aye. Opposed no? All ayes. Three ayes. Motion carried. The Public
Hearing will be continued to August the 12th, 2003, for the developer to get the answers
to those questions.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15:
Continued Public Hearing from June 24, 2003: Fire Department Plan
Review and Inspection Fees:
Corrie: Okay. Item 15 is a continued Public Hearing from the June 24th, 2003. Fire
Department Plan Review and Inspection Fees.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I believe that we -- I know Joe is out of town and I think that we had
continued this to August 12th. August 12th? Okay.
Corrie: August 12th, then.
Berg: Mr. Mayor, there is a memo from Chief Bowers that says that Joe will be back off
vacation August 12th.
Corrie: Okay. Seeing nobody in the audience, I will entertain a motion to continue the
Public Hearing on Item 15 until August the 12th.
De Weerd: So moved.
Meridian City Council Meeting
July 22, 2003
Page 77 of 78
Nary: Second.
Corrie: Okay. All in favor say aye. Opposed no. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 16:
Water, Sewer, and Trash Delinquencies:
Corrie: Let's see. I have got something else I've got to do here. This is to inform you in
writing, if you so choose, that you have the right to a predetermined hearing at 7:30,
Tuesday, July the 22nd, 2003, before the Mayor and City Council to appear in person to
be judged on the facts and defend a claim made by the city that your water, sewer and
trash bill is delinquent. You may retain counsel. Your service will be discontinued on
July 23rd and/or July the 30th, 2003, unless payment is received in full. Is there anyone
present who wishes to contest his or her water, sewer, and trash delinquency? Hearing
none, 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 you do appeal, your water will be shut off. The amount of the turn-off list is
$20,806.55. With that being said, I will entertain a motion to approve the delinquency
turn-off list, if you so desire. If you don't, do it anyway. Do I hear a motion?
McCandless: So moved.
Nary: Second.
Corrie: Motion has been made and seconded. Any further discussion?
Nary: Council Member McCandless wanted the list read in full, I think.
Corrie: Okay. All in favor say aye? Opposed no? There is none, so we do have that
delinquency turn-off schedule.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Mr. Mayor?
Corrie: Yes.
De Weerd: I move we -- oh, I did want to make a comment. Well, no, I won't.
Corrie: Well, you can make it, that's fine. At this time we can't do anything, but if you
have a comment --
De Weerd: No. I'll move to adjourn.
Meridian City Council Meeting
July 22, 2003
Page 78 of 78
Corrie: Okay. Motion made. Do I hear a second?
Nary: Second.
Corrie: To adjourn? All in favor say aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Adjourned at 11 :35
MEETING ADJOURNED AT 9:55 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~~
ROBERT D. CORRIE, MAYOR
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 22, 2003 at 7;00 p.m.
City Couflcil Chambers
1. Roll-call Attendance;
--L Tammy de Weard ~ Bill Nary
=..1C Cherie McCandless -2- Keith Bird
~ Mayor Robert Corrie
2. Adoption of the Agenda; ~v>V
3. Swearing-In Ceremony for six new Meridian Police Officers: Sara
RuUe, Eric Stoffle, Mark Zakarian, Greg Kortan, Berle Stokes, and
Geoff Rowe:
4. Consent Agenda:
A. Approve minutes of July 1,2003 Pre-Council Meeting: ~prpv-e-
B. Approve minutes of July 8, 2003 City Council Regular Meeting: ~pv.e-
C. Approve minutes of July 8, 2003 Pre-Council Meeting: o/jlYt!)V><...
D. Findings of Fact and Conclusions of Law for Approval: PP 03.
009 Request for Preliminary Plat approval of 12 building fots and 6
other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by
Bear Creek, LLC - north of West Victory Road and east of South
Stoddard Road: IVfflYPv.C-
E. Findings of Fact and Conclusions of Law for Approval: VAR
03.017 Request for a Variance to the cul-de-sac length
requirements in an R-4 zone for Bear Creek No.7 by Bear Creek,
LLC - north of West Victory Road and east of South Stoddard
Road: Cbf~~
6 - F. Findings of Fact and Conclusions of l.aw for Approval: AZ. 03.
010 Request for annexation and zoning of 39.15 acres from RUT
to R-8(PD) zones for proposed Trailwav Park Subdivision by
HUlview Development Corporation - east of North Meridian Road
and south of East 81ue Heron Lane: a-;?pr,p/rea tt..r a Htel"l.dR d--
MeMion Cily Coun<il Ag<n<!a-lufy22. 200) f.~< 100
hll =laiol> p""en,od >! robl;; ~,W1ll=om.l"l>P<"Y oflllLCily oCMcridi"".
Anyo"c daWng :.c(;o.mmudabrin fOT di$Zlbilirle$ r~bted to- dceummb;. and/or ht;:ariljgs
pi"". oolll>ellbo City CI.",'. Ollie. al $SS-<4433 .ll"",'4S ho"" pri.r 10 lhe pobJi.: m<din~.
** TX CONFIRMATION REPORT **
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DATE TIME TO/FROM
07/18 15:22 PUBLIC WORKS
07/18 15:25 12084664405
07/18 15:27 8841159
07/18 15:28 2088840744
07/18 15:30 2088467366
07/18 15:32 8985501
07/18 15:34 LIBRARY
07/18 15:35 92083776449
07/18 15:38 208 388 6924
07/18 15:40 2088886854
07/18 15:41 12084674538
07/18 15:42 8950390
07/18 15:44 Laurel
07/18 15:45 208 387 6393
07/18 15:47 ADA CTY DEVELMT
07/18 15:49 208-888-5052
07/18 15:50 CHERRY LANE
07/18 15:52 POST OFFICE
07/18 15:54 IDAHO ATHLETIC C
07/18 15:56 ID PRESS TRIBUNE
07/18 15:57 208 888 6700
07/18 16:02 3810160
AS OF JUL 18 '03 16:04 PAGE. 01
MODE
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CITY OF MERIDIAN
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-------------------------------------------------------------~------------------------------
I~U0J3~ ? o~i fW 1~b-Ltt..NotiCe - T hrwc ~ .r
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, July 22, 2003 at 7:00 p.m.
City COuncil Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
2. Adoption of the Agenda:
Bill Nary
Keith Bird
3. Swearing-In Ceremony for six new Meridian Police Officers: Sara
Rutte, Eric Stome, Mark Zakarian, Greg Kortan, Berle Stokes, and
Geoff Rowe:
4. Consent Aaend::\'
MEETING DATE:
Item Packet Pickup GbU)l~
- Juili d<<, d-003 lAfu~.
July 18,2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Meridian Police Department
July 22,2003
ITEM NO.
3
REQUEST Swearing-In Ceremony for six new Meridian Police Officers: Sara Rutte,
Eric Stoffle, Mark Zakarian, Greg Kortan, Berle Stokes, and Geoff Rowe.
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FI RE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~
~
S~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
APPOINTMENT OF POLICE OFFICER
I, Robert D. Corrie, Officer of the City of Meridian, Idaho, do hereby appoint
, as a police officer and require that he/she take and subscribe to the
usual official oath, complying with Idaho Code 31-2007.
Mayor or Agent
OFFICIAL OATH
1,
, do solemnly swear or affirm that I will support the Constitution
of the United States, and the Constitution and laws of this state and will abide by
the Law Enforcement Code of Ethics: that I will faithfully discharge all the duties
of the position of Police Officer, Meridian, Idaho, to the best of my ability, so help
me God.
Employee Signature
SUBSCRIBED AND SWORN to before me this 22nd day of July, 2003.
Mayor or Agent
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR BEAR CREEK NO.7
SUBDIVISION FOR 12 BUILDING
LOTS AND 6 OTHER LOTS ON
10.92 ACRES LOCATED NORTH
OF WEST VICTORY ROAD AND
EAST OF SOUTH STODDARD
ROAD, MERIDIAN, IDAHO
BY: BEAR CREEK, LLC,
APPLICANT
C/C 07/01/03
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. PP-03-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on July 1, 2003, and Anna Powell Planning Director for the Planning and Zoning Department,
Steve Arnold, and Rick Bale, appeared and testified, and the City Council having received a
report from David McKinnon Planner II, and Bruce Freckleton, Engineering Technician III, and
the City Council having received as part of the record of this matter the recommendation to City
Council of the Planning and Zoning Commission and the applicant having submitted the
"PRELIMINARY PLAT BEAR CREEK SUBDIVISION NO.7, LOCATED IN THE E 12 OF
SECTION 24, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE:
04/09/03 MNM, DWG NO. 30306, SHEET: 1 OF 2, PRE-I, \30306-PRE.dwg SAT,
HANDWRITTEN DATE: 6/18/03 and STAMPED DATE: JUN 182003, REVISION: 06/04/03
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7 / (pP-03-009)
PAGE 1 OF 12
BY: MNM 06/18/03 BY: DLP, BEAR CREEK, LLC - DEVELOPER, BRIGGS
ENGINEERING, INe. - PLANNER", Bear Creek, 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 Meridian City Code S 12-3-3. Therefore the City Council makes
the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
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 Amended Comprehensive Plan Map, adopted August 6, 2002,
Resolution No. 02-382, and the property is presently zoned R-4 and R-8, and requires
connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C
and D]
2. The preliminary plat is in conformance with the Amended
Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382.
3. It is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements and
conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed development is a continuity ofthe 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7 I (pP-03-009)
PAGE 2 OF 12
and as proposed by the developer as stated on the preliminary plat, there will be public
financial capability of supporting services for the proposed development.
5. The development ifbuilt in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have been
no specifics of any such concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and
Zoning Commission is reasonable and appropriate for the conditions of approval of the
preliminary plat as hereinafter set forth.
7. The City Council recognizes the concerns of Wendel Bigham, Joint
School District No.2, in a letter dated April 22, 2003.
8. The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "PRELIMINARY PLAT BEAR CREEK
SUBDIVISION NO.7, LOCATED IN THE E 1'2 OF SECTION 24, T.3N., R.IW., RM.,
MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/09/03 MNM, DWG NO.
30306, SHEET: 1 OF 2, PRE-I, \30306-PRE.dwg SAT, HANDWRITTEN DATE:
6/18/03 and STAMPED DATE: JUN 18 2003, REVISION: 06/04/03 BY: MNM
06/18/03 BY: DLP, BEAR CREEK, LLC - DEVELOPER, BRIGGS ENGINEERING,
INC. - PLANNER".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7 / (pP-03-009)
PAGE 3 OF 12
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7, LOCATED IN THE E Y2 OF SECTION 24, T.3N.,
R.t W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/09/03 MNM, DWG
NO. 30306, SHEET: 1 OF 2, PRE-I, \30306-PRE.dwg SAT, HANDWRITTEN DATE:
6/18/03 and STAMPED DATE: JUN 182003, REVISION: 06/04/03 BY: MNM 06/18/03 BY:
DLP, BEAR CREEK, LLC - DEVELOPER, BRIGGS ENGINEERING, INe. - PLANNER",
Dan Wood, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. Sanitary sewer service to this site shall be via main line extensions from
mains installed in the Bear Creek Subdivision.
2. Domestic water service to this site shall be via main line extensions from
mains installed adjacent to the property.
3. The applicant has indicated that the pressurized irrigation system within this
development is to be an extension of the system that is owned and operated by the
Nampa Meridian Irrigation District. Underground year-round pressurized irrigation
must be provided to all lots within this development. The City of Meridian requires
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDMSION NO.7! (pP-03-009)
PAGE 4 OF 12
that pressurized irrigation systems be supplied by a year-round source of water.
Applicant shall be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the
Meridian City Engineer.
4. A revised fencing plan shall be submitted with the final plat indicating the
reduction in fence height to 3 'where the fencing is within 20' ofS. Silvertip Place,
in compliance with the MCC.
5. A variance application has been submitted by the applicant to exceed the
maximum 450' cul-de-sac length allowed by MCC 12-4-2F, Case No. V AR-03-017.
Ifthe City Council denies the variance request, the preliminary plat will need to be
revised and remanded back to the Planning and Zoning Commission for additional
reVIew.
6. Revise the preliminary plat to include an additional 5' of landscaping to
adjacent to the southern boundary of Lot 44.
7. A revised landscaping plan, in accordance with the Landscaping Ordinance
shall be submitted with the final plat application. The plan shall include landscaping
for the drainage lot, the future right-of-way in accordance with the Landscape
Ordinance and shall include an additional 5' of landscaping along the southern
boundary of Lot 44.
8. The small landscape island located at the entrance of the subdivision shall be
relocated to the west to allow traffic to circle around the island rather than forcing
vehicles to back out if they cannot enter the gated entrance.
9. The private street shall be constructed to meet or exceed ACRD public street
standards.
10. All grading of the site shall be perfonned in conformance with MCC 11-] 2-
3R.
11. Sidewalks shall be installed within the subdivision and on the perimeter of
the subdivision pursuant to MCC 12-13-10-8.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7! (pP-03-009)
PAGE 5 OF 12
12. Applicant to provide a minimum five percent open space, and the applicant
shall also provide an easement along the south side of the Ridenbaugh Canal for a
pathway to the City, but the applicant is not required to construct the pathway.
Revise the plat and re-submit to Planning and Zoning. (Per action of the City
Council from their July 1,2003 meeting.)
13. Add or revise the following preliminary plat notes:
(1). Include Lot and Block number of the common lot island.
14. Submit a copy ofthe Ada County Street Name Committee's approval letter
for the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
15. Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
16. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights
will be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants. Pinal design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street
light contractor shall obtain design and permit from the Public Works Department
prior commencing installations.
17. Any drainage areas ( detention/retention basins) must be designed to ensure
that water is retained only during 1 OO-year storm events, and for a period oftime not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1.
18. Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper
inches of trees that were removed. Required landscaping trees will not be considered
as replacement trees for those trees that have to be removed.
19. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Section 9-1-4
and 9-4-8. Wells may be used for non-domestic purposes such as landscape
irrigation.
20. Due to the topographic relief across the proposed development, the applicant
shall prepare a master grading and drainage plan. The plan shall set the finish floor
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7! (pP-03-009)
PAGE 6 OF 12
elevations for each lot and indicate elevations for each lot comer with grading
details around each building pad. Compaction test results must be submitted to the
Meridian Building Department for all building pads receiving engineered backfill,
where footing would sit atop fill material.
21. Submit updated groundwater/soils monitoring data to the Public Works
Department for review. The project engineer should pay close attention to the
results offield studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of3-feet
above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Stoddard Road and Victory Road are not listed as proposed projects in the
District's currently adopted Five-Year Work Program or in the currently adopted
20-year Capital Improvements Plan. As such, the applicant cannot receive
reimbursement for dedicated right-of-way from available collected impact fees.
The applicant shall do one of the following on each roadway:
a. Dedicate by donation an additionall0-feet of right-of-way along
Stoddard Road and Victory Road, and construct a minimum 5-foot wide
concrete sidewalk along Stoddard Road and Victory Road, located a
minimum of28-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along Stoddard Road and Victory Road,
located a minimum of 28-feet from the centerline ofthe right-of-way, in
an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along Stoddard Road and Victory Road,
located at the back edge ofthe existing right-of-way.
Accomplish all necessary ad;ustments to properly accommodate existing
drainage and utilities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7! (pP-03-009)
PAGE 7 OF 12
2. Stoddard Road and Victory Road are not listed as proposed projects in the
District's currently adopted Five-Year Work Program or in the currently adopted
20-year Capital Improvements Plan. As such, the applicant cannot receive
reimbursement for dedicated right-of-way from available collected impact fees.
The applicant shall do one of the following for each roadway:
a. Dedicate by donation an additional! O-feet of right-of-way along
Stoddard Road and Victory Road, and construct a minimum 5-foot wide
concrete sidewalk along Stoddard Road and Victory Road, located a
minimum of28- feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along Stoddard Road and Victory Road,
located a minimum of28- feet from the centerline of the right-of-way, in
an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along Stoddard Road and Victory Road
located at the back edge ofthe existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
3. If the City of Meridian approves the private road, construct South Silver
Tip Place intersecting with Stoddard Road approximately 500-feet north of
Victory Road (measured from near edge of Victory Road to near edge of Silver
Tip Place) as proposed.
4. Pave the private roadway a minimum of 20 to 24-feet wide and at least
3D-feet into the site beyond the edge of pavement of Stoddard Road and install
pavement tapers with IS-foot curb radii abutting the existing roadway edge. The
applicant should provide a plan showing how the private road grade meets the
public road. District Policy requires a design approach speed of2D MPH and a
maximum intersection approach grade of2% for at least 40-feet.
Street name and stop signs are required for the private road. The signs may be
ordered through the District. Verification ofthe correct, approved name of the
road is required.
ACHD does not make any assurances that the private road, which is a part of this
application, will be accepted as a public road if such a request is made in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7! (pP-03-009)
PAGE 8 OF 12
future. Substantial redesign and reconstruction costs may be necessary in order
to qualifY this road for public ownership and maintenance.
The following requirements must be met if the applicant wishes to dedicate the
roadway to ACHD:
· Dedicate a minimum of 50-feet of right-of-way for the road.
· Construct the roadway to the minimum ACHD requirements.
5. Install the proposed gate to provide a minimum of 50-feet of storage
distance. The storage area will be measured from the edge of pavement of
Stoddard Road.
6. Other than the access points specifically approved with this application,
direct lot or parcel access to Stoddard Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat.
7. Direct lot or parcel access to Victory Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
8. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact the District's Utility
Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7! (pP-03-009)
PAGE 9 OF 12
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofldaho shall
prepare and certifY all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates any
required design changes.
7. Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verifY all existing utilities within
the right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387~
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions ofthis approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada County
Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is
the subject ofthis application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Meridian Fire Department Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7! (pP-03-009)
PAGE 10 OF 12
1. That a fire-flow of 1 ,000 gallons per minute be available to service the entire
project. Fire hydrants shall be placed an average of500' apart. 1997 UFC Appendix
III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance
of the water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Parking will be restricted to one side ofthe street on all portions of the
roadway with a 29' wide street section.
D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
2. All storm drainage must be retained on site. Lateral and waste ways must
be protected.
3. The District's Ridenbaugh Canal courses along the north boundary of the
proposed project. Any encroachment without written approval and a
signed agreement is unacceptable. The Developer must comply with
Idaho Code Section 31-3805.
By action of the City Council at its regular meeting held on the
day of J WjI- ,2003.
ROLL CALL
22-~~
COUNCILMAN BIRD
VOTED #6~
COUNCILWOMAN deWEERD
VOTED ~
COUNCILWOMAN McCANDLESS
VOTED~A./
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7! (PP-03-009)
PAGE]1 OF 12
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
Attest:
~~
j~ayor Robert,D. Come
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BY:~~~
City Clerk
Dated:
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-
Z:\ Work\M\Meridian\Meridian I 5360MlBear Creek No.7 PP-03-009\FtCIsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO.7! (pP-03-009)
PAGE 12 OF 12
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF BEAR CREEK,
LLC, FOR A VARIANCE FOR
BLOCK LENGTH IN THE BEAR
CREEK SUBDIVISION NO.7,
LOCATED NORTH OF WEST
VICTORY ROAD AND EAST OF
SOUTH STODDARD ROAD,
MERIDIAN, IDAHO
C/C 07/09/03
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V AR-03-017
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 July 9, 2003, and Anna Powell Planning Director for the Planning and Zoning Department,
and Dean Briggs, appeared and testified, 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 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 amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-017
BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7
PAGE 1 OF 8
Resolution No. 02-382 and Maps.
2. The requirements of Idaho Code gg 67-6509, 6516 and Meridian City Code gg 11-15-
5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Bear Creek, LLC, Greg Johnson, whose address is 660 E. Franklin,
Suite 240, Meridian, Idaho 83642.
4. The owner ofthe property is Bear Creek, LLC, Greg Johnson, 660 E. Franklin, Suite
240, Meridian, Idaho 83642.
5. The location ofthe subject property ispresently located north of West Victory Road
and east of South Stoddard Road, Meridian, Idaho within present R-4 zone.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map, and which legal description and Vicinity Map appear in the
record of proceeds ofthis matter, and which are on file with the Meridian City Clerk's office.
7. The present land use of subject property is presently zoned as R-4 (Low Density
Residential), and which subject property is presently residential/vacant.
8. The proposed land use of subject property is to develop the subject property in the
following manner: residential.
9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the
proposed scale approved by the City Council showing property lines, existing streets, proposed
district and such other items as required have been furnished.
10. The applicant, Bear Creek, LLC, has requested a variance from Section 12-4-2.F. of
the MCC, which prohibits cul-de-sac lengths from exceeding 450 feet.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-017
BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7
PAGE 2 OF 8
11. The Applic~t seeks a variance of the following provision of the Meridian
City Code, 912-4-2.F., CUL-DE-SACS, and in the R-4 zone, which provides as follows:
12-4-2.F. CUL-DE-SACS:
No street which ends in a cul-de-sac or a dead-end shall be longer than four hundred fifty feet
(4501).
12. Block 1 of the proposed Bear Creek Subdivision No.7 exceeds the 450-foot
maximum cul-de-sac length. A preliminary plat (PP-03-009) is being processed concurrently with the
variance application for phase seven.
13. The applicant has stated in the application that they cannot comply with the cul-de-sac
ordinance due to existing conditions (street configurations) approved in previous phases of Bear
Creek Subdivision, and sight distance issues with Victory Road; the sight distance on Victory Road
prohibits the construction of an intersection. The applicant states that eliminating the cul-de-sac
would create an unsafe intersection onto Victory Road and would not be approved by ACHD.
14. All property owners within three hundred feet (3001) ofthe 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.
15. The proposed Bear Creek Subdivision No.7 is bordered to the north and east by the
Ridenbaugh Canal, thus prohibiting interconnectivity to the existing phases of Bear Creek
Subdivision. Victory Road borders the proposed subdivision to the south and Pebble Lane Estates to
the west. Therefore, based on the existing surrounding property uses and existing street
configurations, it is found that special circumstances exist that make strict application of this title
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 17
BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7
PAGE 3 OF 8
impractical and unreasonabl~.
16. It is found that strict compliance with the City's ordinance would not be of benefit to
the City, the surrounding property owners or the applicant. Based on the size, configuration of the
parcel, and the adjacent Ridenbaugh Canal, it is found that strict compliance to the MCC 12-4-2.F.
would be unreasonable and would not result in inhibiting the objectives of the MCC.
17. It is anticipated that the variance will not be detrimental to the public's welfare or
injurious to other properties in the area.
18. It is found that the issuance of the variance for exceeding the 450' maximum cul-de-
sac length within the proposed Bear Creek Subdivision No.7 does not have the effect of altering the
purpose and interest of the Zoning Ordinance. The proposed cul-de-sac increases safety by
eliminating a potentially dangerous intersection on Victory Road.
19. The variance would not constitute any special privilege for the property owner that
could not be sought by owners of other land in the same situation, and the request does not conflict
with any provisions of the Comprehensive Plan.
20. The applicant paid the fee established by the City Council for application variance.
21. The applicant shall be required to comply with the conditions and requirements of
the Ada County Highway District listed in their letter dated June 25,2003, and additionally comply
with the Meridian Fire Department requirements as follows:
1. That a fire-flow of 1,000 gallons per minute be available to service the entire
project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC
Appendix III-A
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-017
BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7
PAGE 4 OF 8
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Parking will be restricted to one side of the street on all portions of the roadway
with a 29' wide street section.
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 ofIdaho
Code 9 67-6516 to provide as part of its zoning ordinance for the process of applications for
variance permits.
2. The City of Meridian has exercised its authority of Idaho Code ~ 67-6516 by the
enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian
City Code 9 11-18.
3. That the requirements for the processing of a variance request are set forth in Idaho
Code 9 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 ~ 11-18-2,
and the findings which are required are set forth in Meridian City Code S 11-18-3, include required
findings that there are special circumstances or conditions affecting the property that strict
application ofthe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-017
BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7
PAGE 5 OF 8
Development Ordinance would result in extraordinary 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 ofthe Zoning and Development Ordinance and the Meridian Comprehensive Plan.
5. Meridian City Code, 9 12-4-2.F., CUL-DE-SACS, in the R-4 zone provides as
follows:
12-4-2.F. CUL-DE-SACS:
No street which ends in a cul-de-sac or a dead-end shall be longer than four hundred fifty feet
(450').
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:
That the Applicant is hereby granted a variance from the 450 foot maximum cul-de-sac
length requirement for Block 1 in Bear Creek Subdivision No.7 to exceed the 450 foot maximum
cul-de-sac length in the R-4 zone. Additionally, the applicant shall be required to comply with the
conditions and requirements ofthe Ada County Highway District listed in their letter dated June 25,
2003, and the applicant shall also be required to comply with the conditions and requirements of the
Meridian Fire Department listed above for the Bear Creek Subdivision No.7.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 17
BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7
PAGE 6 OF 8
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a
regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk
not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code Section 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 Cul-de-sac Requirements in the R-4 Zone as provided in the Section
12-4-2.P. 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.
By action of the City Council at its regular meeting held on the
2Z~
day
of
Jrdc
~
,2003.
ROLL CALL:
COUNCILMAN WM. L. M. NARY
VOTED /It~
VOTED ffrcV'
VOTED ~lfv
VOTED F
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE I V AR-03-017
BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7
PAGE 7 OF 8
MAYOR ROBERT D. CORRIE
(TIE B. REAKER? /)'3
DATED: --;22 -C/,
VOTED
MOTION:
APPROVED:
x
,
DISAPPROVED:
Attest:
BY:~~k~~
City Clerk
Dated: 7-- '75/(/3
Z:\ Work\M\Melidian\Meridian ] 5360M\Bear Creek No, 7 V AR.03-0 17\FfClsGranIVariance.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 17
BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7
PAGE80F8
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July 18, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Public Works Department
July 22, 2003
ITEM NO. ~-~
REQUEST Ten Mile Road Sewer Line Extension Latecomer Agreement, Farwest, LLC - Lochsa
Falls Subdivision:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
See Attached Memo I Agreement
PlIfP ra vV
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
e
RECEIVED
JUL 1 8 2003
To: Mayor Corrie & City Council
From: Brad Watson, P.E.
CC: File, Gary Smith, PE, City Clerk
Date: 7/17/03
Re: Proposed Agenda Items for July 22 City Council Meeting
City Of Meridian
City Clerk Office
The Public Works Department respectfully requests that the following items be placed on the
July 22 City Council agenda, on the Consent Agenda, for Council's consideration:
~
1)
Ten Mile Road Sewer Line Extension Latecomer Aareement for Farwest. LLC
(Lochsa Falls Subdivision), The developer has assisted staff extensively in
development of this agreement. We have reviewed and approved it. This agreement
will provide for reimbursement of the 27-inch sewer installed in Ten Mile Road by the
developer to serve Lochsa Falls Subdivision.
Recommended Council Action: Approve the Ten Mile Road Sewer Line
Extension Latecomer Agreement for Farwest, LLC (Lochsa Falls
Subdivision) and authorize the Mayor to sign and City Clerk to attest.
2) Linder Road Water Line Extension Latecomer Aareement for Farwest. LLC
(Lochsa Falls Subdivision). Again, the developer has assisted staff extensively in
development of this agreement, which we have reviewed and approved. This
agreement will provide for reimbursement of the 12-inch water installed in Linder
Road by the developer for service to Lochsa Falls Subdivision.
Recommended Council Action: Approve the Linder Road Water Line
Extension Latecomer Agreement for Farwest, LLC (Lochsa Falls
Subdivision) and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
/~
. Page 1
TEN MILE ROAD SEWER LINE EXTENSION
FARWEST LLC
LATE COMERS AGREEMENT
This Agreement made and entered into this _ day of , 2003, by
and between FARWEST LLC, an Idaho Limited Liability Company, hereafter referred to as
"FarwesC', and the CITY OF MERIDIAN, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the City limits extend North of McMillan Road, but prior to this Agreement
and the construction referred to herein, such area was not provided sewer service by the City;
and
WHEREAS, Fanvest constructed a sewer line from an existing sewer line to an area
North of McMillan Road and in Ten Mile Road, as shown in "Exhibit A", which sewer line is
able to provide service to land north of McMillan Road, east and west of Ten Mile Road to the
land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set
forth in full; that the Total Service Area is approximately 1,789.52 acres which, if developed
under the land use density projections shown on Exhibit "B", which is attached hereto and by
this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit
"B", there would be 4,788 equivalent residential units (ERU) in the 1,789.52 acres; and
WHEREAS, Fanvest and Paramount LLC, owners of another development within the
aforementioned Total Service Area, have already made separate arrangements for Paramount to
reimburse Fanvest for a share of the cost of construction of the aforementioned sewer line, and to
share in the amounts collected by Farwest under this Late Comers Agreement, such that Farwest
and Paramount properties shall be collectively referred to herein as "Farwest Properties" for
convenience purposes, which properties collectively consist of 1,867 ERU; that on the land not
included in Farwest's subdivision, there could be 2,921 ERU; and
WHEREAS, the sewer line constructed by Farwest will benefit land other than only the
Farwest Properties; that the land that can be served by the said sewer line is shown in Exhibit
"A"; that the developable land that can be served by the sewer line could contain 4,788 ERU's;
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 1
that the existing developed areas that eventually connect to the sewer line serviced by the City
will be subject to the late comer fees described herein; that 82.81 % of the land not included the
Farwest Properties would be developed in ten years, the term that a late comers Agreement is
allowed to run, and
WHEREAS, the total cost of constructing the said sewer line borne by Farwest was, is or
will be $239,907.43; whereas the sewer line will benefit the Farwest Properties which could
contain 1,867 ERU's, or 39.00% of the total area to be benefited by the construction of the sewer
line; therefore the cost to Farwest to construct the sewer line to and through the Farwest
Properties would be $93,554.48; that by subtracting this amount as the total Farwest's cost
share, the total cost to all late comers is $146,352.95; and then dividing by 82.81% of the
remaining number of ERU's that could be served by the sewer line; and then adding 10% for
City Administration Cost, there should be a late comers fee of $66.57, plus interest, per ERU as
shown in Exhibit "C"; and
WHEREAS, Section 9-4-19 ofthe Sewer Ordinance provides that the City may enter into
sewer line extension and reimbursement agreements and that section further provides that sewer
users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch
diameter sewer line equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the fact the user has not contributed to the cost of the extended
line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section
provides that the late comers fee may be used to reimburse the person or persons so extending
the sewer line(s).
WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to
charge a Sewer Construction Equivalency Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward the costs and expenses of constructing
a sewer line, whether that construction has been performed by the City, a local improvement
district or a private entity, or combination thereof, and who subsequently desires to connect to
the City sewer system, shall be required to pay an additional connection charge which shall be
known and referred to as the "Sewer Construction Equivalency Fee".
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 2
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in
full.
2. That Farwest has paid or will pay for engineering, planning and construction of
the sewer line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A".
3. Farwest has contributed or will contribute $239,907.43 to total construction costs
of the said sewer line, of which Farwest is entitled to be reimbursed the sum of$146,352.95 plus
interest, which represents land that would be served by the sewer line but is not included in the
Farwest Properties.
4. That for all land in Exhibit "A" subsequently connecting to the sewer line referred
to in Exhibit "A", except the land in the Farwest Properties, the City will.charge the sum of
$66.57 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to
as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-
1-12 and established by this Agreement, which fee shall herein be referred to as "LATE
COrvlliRS FEE"; the fee is in addition to any other sewer charges for connection to the sewer
system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto and by
this reference incorporated herein.
5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the TEN MILE TRUNK SEWER
EXTENSION PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a
rate of6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30)
each year for the term of the agreement, and shall be distributed quarterly to Farwest.
6. That the late comer fees assessed, which will go into the TEN MILE TRUNK.
SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate
of 6% per annum as shown in Table 1 of Exhibit "C".
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the sewer line shown in Exhibit "A" for the land also shown in Exhibit "A", except
the land in the Farwest Properties.
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 3
(
8. That the City shall charge the TEN MILE TRUNK SEWER EXTENSION
PROJECT REIMBURSEMENT ACCOUNT the 10% fee as authorized under 9-1-13, which
is already calculated into the amounts set forth in Exhibit C.
9. That the City shall have prepared on an annual basis an audit of all funds
collected pursuant to this Agreement, which audit shall coincide with the general audit of the
City; that the cost of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the
City and shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be until Farwest has been reimbursed the
principal sum of $146,352.95, plus interest, as determined in Paragraph 6 or, if this is not
achieved, for a period of ten (10) years, or until such time the sewer line described herein is
abandoned. If Farwest has not been reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreement, the Agreement may be
renewed by mutual Agreement of the City and Farwest, at such time as the City ordinance
allows for extension of a ten year time frame. If the City does not amend this ordinance, then
this agreement shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors of the parties
hereto.
DATED this
day of
, 2003.
BY:
CITY OF MERIDIAN
ROBERT D. CORRlE, MAYOR
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Approved By City Council the
day of
,2003.
(corporate seal)
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 4
FARWEST, LLC.
By: Developers Services, Inc I-;;;;;:er
011, its President
STATEOFIDAHO )
}ss.
County of Ada, )
On this _ day of ,2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho,
and who executed the within instrument, and acknowledged to me that the CITY OF
MERIDIAN executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
STATE OF IDAHO. )
: ss.
County of Ada. )
.{
On this lG.~ay of , 2003, before me (here insert the name and
quality of the officer), persona yap eared Brian F. McColl, known and identified to me to be
the President of Developers Services, Inc., an Idaho corporation and member of Farwest LLC,
that executed the instrument or the person who executed the instrument on behalf of said limited
liability company, and acknowledged to me that such limited liability company executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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EXHIBIT B CONT.
LATECOMER'S AREA
ERU's Projected
10 PARCEL OWNER ACREAGE ZONECOOE per acre ERU's
16859 80426336000 SEW8 E L 76.94 C-G 1.14 88
16856 S0426233815 GOLDSMITH MARTY 25.42 RUT NA 71
16822 S0427410000 . BEWS E L 14.54 RUT 2.8 41
16832 S0427430000 . SEWS E L 14.54 RUT 2.8 41
16848 80426120550 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP 10.01 RUT 2.8 28
16849 S0426110100 TSUPA IVAN I 0.60 8FD NA 1
16862 S0426417200 NELSON CATHERINE L 2.79 RUT 2.8 8
16863 S0426417220 LUKEHART BEN W 2.48 RUT 2.8 7
16864 80426314910 MOSS TONY 1.56 RUT 2.8 4
16866 S0426438410 FULFER KELLY 17.72 RUT 2.8 50
16867 S0426449900 FULFER KELL Y 19.60 RUT 2.8 55
16868 S0426438500 FULFER KELL Y G 9.55 RUT 2.8 27
16869 S0426438800 FULFER KELLY 9.00 RUT 2.8 25
16870 S0426449740 FULFER JACK G 9.09 RUT 2.8 25
16871 S0426449850 FULFER KELLY 8.44 RUT 2.8 24
16872 S0426449825 FULFER KELLY 1.15 RUT 2.8 3
16873 S0426438700 CALKINS RANDALL GENE 0.88 SFD NA 1
16875 S0425223000 HUARTE FAMILY TRUST 40.00 RUT 2.8 112
16876 S0425212480 HUARTE FAMILY TRUST 34.85 RUT 2.8 98
16877 S0425212420 PROCTOR JOHN S & M RAE 5.15 RUT 2.8 14
16878 S0425120900 BOISE FIRST CHURCH OF RELIGIOUS SCIENCES 5.01 RUT 2.8 14
16881 80425110150 DENNETT MEL 10.00 RUT 2.8 28
16882 S0425110250 DIOCESE OF BOISE 1.42 RUT 2.8 4
16883 S0425233700 STEWART ARCHIE D & 5.00 RUT 2.8 14
16886 80425141850 IVORY DON B 0.92 8FD NA 1
16887 80425141890 HAMIL TON BUCK 0 & 0.92 8FD NA 1
16888 S0425142030 SCOTT E AILEEN AND 8.97 RUT 2.8 25
16889 S0425233800 KOOYERS SHERIDAN C 1.89 RUT 2.8 5
16890 S0425233875 KOOYERS SHERIDAN C 3.94 RUT 2.8 11
16891 S0425141940 BATES. BODIE E 1.00 RUT 2.8 3
16893 S0425141990 8COTT E AILEEN AND 4.81 RUT 2.8 13
16896 S0425142110 MASTROPAOLO MICHAEL 5.00 RUT 2.8 14
16898 S0425142225 PACKARD JOHN W 4.93 RUT 2.8 14
16899 S0425142315 ROGERS DOUG 1.88 RUT 2.8 5
16900 S0425325425 GOLDSMITH MARTY 0.59 SFD NA 1
16901 S0425325460 MERIDIAN JOINT SCHOOL DIST NO 2 55.00 RUT FIXED 75
16905 S0425325500 STRUCKMAN DONN AND 2.31 RUT 2.8 6
16906 80425336040 HANK8 RONALD G & 1.14 RUT 2.8 3
16908 S0425336560 LEGARRET A FULGENCIO 58.00 RUT 2.8 162
16909 S0425438500 CHESTER DALlCE R & 18.36 RUT 2.8 51
16910 80425438400 REITERMAN BONNIE 1.00 RUT 2.8 3
16911 S0425336090 LEGARRETA FULGENCIO 1.00 RUT 2.8 3
26198 S0531110150 BRAMHALL JEANETTE M 3.80 RUT 2.8 11
26201 R1608650120 COOK DAVID D & 5.00 RUT 2.8 14
26202 R1608650150 WOOD HENRY D JR & 5.00 RUT 2.8 14
26203 R1608650180 PALMER OLIVER DAVID & 5.00 RUT 2.8 14
26310 80530223155 ROMAN CATHOLIC DIOCESE OF BOISE 24.00 RUT 2.8 67
26311 S0530212800 HOME & GARDEN STORE INC 9.46 RUT 2.8 26
26312 S0530212415 FRIENDSHIP CELEBRATION LUTHERAN CHURCH OF ADA CO ID INC 9.45 RUT 2.8 26
26313 S0530121000 SIGNATURE POINTE HOME & GARDEN ACCENTS INC 5.01 RUT 2.8 14
26314 S0530120910 WHITE JOHN FRANKLIN & 22.95 RUT 2.8 64
26315 S0530110460 STET80N PROPERTIES 28.29 RUT 2.8 79
26316 S0530110100 VALLEY LIFE COMMUNITY CHURCH INC 10.60 RUT 2.8 30
26317 S0530223400 BOYACK GEO D & 1,00 RUT 2.8 3
26318 50530120760 MARTENS DELBERT C 4.94 RUT 2.8 14
26319 R1002730100 BEEHLER STEPHANIE P 10.06 RUT 2.8 28
26320 R1002730200 CHANCE CARLENE D 10.06 RUT 2.8 28
26321 S0530120600 MCCLURE MICHAEL A 4.69 RUT 2.8 13
26322 S0530233776 ADKINS MICHAEL 8 & 19.18 RUT 2.8 54
26323 S0530244350 BOYACK GEORGE D & 60.89 RUT 2.8 170
26324 S0530131350 HOSKINS PATRICK JON 10.00 RUT 2.8 28
26325 80530141910 ENGLE CHRISTOPHER ROY 9.08 RUT 2.8 25
26326 S0530141825 RIS81NGER DARIN K 1.00 RUT 2.8 3
26327 S0530142050 HURTADO PAULA 4.91 RUT 2.8 14
26328 S0530142200 ALLMON DALBERT J & 5.00 RUT 2.8 14
26329 S0530233805 JC LANDCO LLC 18.17 RUT 2.8 51
26330 S0530142350 LEE GRANT N 29.70 RUT 2.8 83
26331 S0530233890 JC LANDCO LLC 1.00 RUT 2.8 3
26332 50530244350 BOYACK GEORGE D & 60.89 RUT 2.8 170
EXHIBIT B CONT.
26333 80530325450 COLE RAYMOND .
2633480530336200 . A8CHENBRENNER KENNETH
26335 80530346800 . RHEAD ROBERT C & MARLENE D
26336 R5147490220 WATTS STAN K
26337 R5147490210 WATTS STAN K
26338 S0530417376 CERIO MICHAEL T &
26339 S0530417300 CHURCH OF JESUS CHRIST LATTER DAY SAINTS
26340 R5147490190 FIELD BRENT E &
26341 R5147490200 FIELD BRENT E &
26342 R5147490180 BRAMMER HAROLD A & FERN M TRUST
26343 R5147490170 BRAMMER HAROLD A & FERN M TRUST
26344 S0530417382 PALMER TAWNEE
26345 R5147490150 BRUNEEL CRAIG G
26346 R5147490160 BRUNEEL CRAIG G
26347 R5147490140 WILCOX CHRISTINE GAIL
26348 R5147490130 WILCOX CHRISTINE G
26349 R5147490230 BATTAZZO DANIEL L
26350 R5147490240 BATTAZZO DANIEL L
26351 R5147490513 SMITH STEVEN C
26352 R5147490110 HOLLOWAY HAROLD E &
26353 R5147490120 HOLLOWAY HAROLD E &
26354 R5147490260 TEEGARDEN JOHN F & SANKA TRUST
26355 R5147490250 TEEGARDEN JOHN F & SANKA TRUST
26356 R5147490270 FREEDMAN KRISTEN S &
26357 R5147490280 FREEDMAN KRISTEN S &
26358 R5147490100 SMITH TONYA J &
26359 R5147490090 SMITH TONYA J &
26360 R5147490290 WRIGHT CONRAD L &
26361 R514749D300 WRIGHT CONRAD L &
26362 R5147490080 YOUNGBERG MICHAEL J &
26363 R5147490070 YOUNGBERG MICHAEL J &
26364 R5147490050 NOSEK J W & BE TRUST
26365 R5147490060 NOSEK J W & B E TRUST
26366 R5147490320 CODD KATHLEEN A
26367 R5147490310 CODD KATHLEEN A
26368 R5147490040 PAPKE JEFF H &
26369 R5147490D30 PAPKE JEFF H &
26370 R5147490609 BARNETT EDGAR R
26371 R5147490020 MARKMAN DENNIS W &
26372 R5147490010 MARKMAN DENNIS W &
26373 R5147490700 BARNETT EDGAR R
26374 R5147490335 HANSEN D RICK
. Denotes portion of parcel within latecomer's area
Note: Any parcel less than 1.0 acre not considered for redevelopment and assigned 1 ERU
0.12
73.24
59.19
1.48
1.29
5.89
14,70
1.47
1.08
1.43
1.11
5.61
1.13
1.25
0.69
1.32
0.98
0.59
44.39
0.62
1.11
1.40
0.73
2.02
0.69
0.73
1.37
1.33
0.89
0.76
1.37
1.01
1.23
1.14
0.76
1.01
1.14
2.81
1.43
1.08
1.63
2.99
1122.74
SFD
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
SFD
RUT
SFD
SFD
RUT
SFD
RUT
RUT
SFD
RUT
SFD
SFD
RUT
RUT
8FD
SFD
RUT
RUT
RUT
RUT
SFD
RUT
RUT
RUT
RUT
RUT
RUT
RUT
NA
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
NA
2.8
NA
NA
2.8
NA
2.8
2.8
NA
2.8
NA
NA
2.8
2.8
NA
NA
2.8
2.8
2.8
2.8
NA
2.8
2.8
2.8
2.8
2.8
2.8
2.8
1
205
166
4
4
16
41
4
3
4
3
16
3
4
1
4
1
1
124
1
3
4
1
6
1
1
4
4
1
1
4
3
3
3
1
3
3
8
4
3
5
8
2921
EXHIBIT B
DEVELOPER'S AREA
ERU's Projected
ID PARCEL OWNER ACREAGE ZONECODE per acre ERU's
1690380425427800 WOLF DWAINE 59.50 RUT 2.8 167
1690480425417200 WOLF DWAINE G 54.50 RUT 2.8 153
16892 80425131750 WOLF DWAINE G 25.00 RUT 2.8 70
1690780425336080 PARAMOUNT LLC 18.68 RUT 2.8 52
1690280425325470 PARAMOUNT LLC 22.70 RUT 2.8 64
1689780425233910 PARAMOUNT LLC 2.30 RUT 2.8 6
1689480425141900 PARAMOUNT LLC 5.00 RUT 2.8 14
1689580425233690 PARAMOUNT LLC 37.36 RUT 2.8 105
16884 S0425233605 PARAMOUNT LLC 29.70 RUT 2.8 83
1688580425141825 PARAMOUNT LLC 20.81 RUT 2.8 58
1687980425120605 PARAMOUNT LLC 34.47 RUT 2.8 97
16880 80425110100 PARAMOUNT LLC 28.32 RUT 2.8 79
16847 80426120650 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP 66.02 RUT 2.8 185
16853 80426244210 GOLD8MITH MARTY 73.94 RUT 2.8 207
16854
1685780426141810 GOLD8MITH MARTY 37.00 RUT 2.8 104
1686080426314810 GIB80N DANIEL G JR 38.17 RUT 2.8 107
16861 S0426427810 GOLD8MITH MARTY 73.10 RUT 2.8 205
1686580426346700 GIBSON DANIEL G JR 38.87 RUT 2.8 109
1685880426233901 MARTIN JU8TIN G 1.347 RUT 2.8 4
666.78 1867
SUMMARY:
Developer's Area Only:
Latecomer's Area Only:
Total Net Benefit Are One!. Developer's area)
Percentage Developer's:
Percentage Latecomer's:
EXHIBIT B - CO NT.
Acreage
666.78
1122.74
1789.52
Area Basis
37.26%
62.74%
ERU's
1867
2921
4788
ERU Basis
39.00%
61.00%
Consider small parcels/lots will not develop at
urban density or commercial in next ten years.
< 3 acres
< 4 acres
< 5 acres
Acres
495.78
507.38
582.54
Percentage
44.16%
45.19%
51.89%
ERU's
1378
1410
1621
Percentage
47.18%
48.29%
55.50%
EXHIBIT B CONT.
. Parcels Expected to Develop Within 10 Years
10 PARCEL
16859 80426336000
ERU's Projected
ACREAGE ZONECODE per acre ERU's
76.94 CoG 1.14 88
OWNER
BEW8 E L
16856 80426233815 GOLDSMITH MARTY 25.42 RUT NA 71
16822 S0427410000 * BEWS E L 14.54 RUT 2.8 41
16832 80427430000 * BEW8 E L 14.54 RUT 2.8 41
16866 S0426438410 FULFER KELLY 17.72 RUT 2.8 50
16867 S0426449900 FULFER KELLY 19.60 RUT 2.8 55
16875 80425223000 HUARTE FAMILY TRU8T 40.00 RUT 2.8 112
16876 80425212480 HUARTE FAMILY TRU8T 34.85 RUT 2.8 98
16901 80425325460 MERIDIAN JOINT 8CHOOL DI8T NO 2 55.00 RUT 2.8 75
16908 80425336560 LEGARRETA FULGENCIO 58.00 RUT 2.8 162
16848 80426120550 LEROY E BRANDT FAMILY LIMITED LIABILITY p, 10.01 RUT 2.8 28
16868 80426438500 FULFER KELLY G 9.55 RUT 2.8 27
16869 S0426438800 FULFER KELLY 9.00 RUT 2.8 25
16870 80426449740 FULFER JACK G 9.09 RUT 2.8 25
16871 80426449850 FULFER KELLY 8.44 RUT 2.8 24
16881 80425110150 DENNETT MEL 10.00 RUT 2.8 28
16883 80425233700 8TEWART ARCHIE D & 5.00 RUT 2.8 14
16888 80425142030 8COTT EAILEEN AND 8.97 RUT 2.8 25
16896 S0425142110 MASTROPAOLO MICHAEL 5.00 RUT 2.8 14
16909 S0425438500 CHESTER DALlCE R & 18.36 RUT 2.8 51
26201 R1608650120 COOK DAVID D & 5.00 RUT 2.8 14
26202 R1608650150 WOOD HENRY D JR & 5.00 RUT 2.8 14
26203 R1608650180 PALMER OLIVER DAVID & 5.00 RUT 2.8 14
2631480530120910 WHITE JOHN FRANKLIN & 22.95 RUT 2.8 64
2631580530110460 8TET80N PROPERTIES 28.29 RUT 2.8 79
26319 R1002730100 BEEHLER 8TEPHANIE P 10.06 RUT 2.8 28
26320 R1002730200 CHANCE CARLENE D 10.06 RUT 2.8 28
26322 S0530233776 ADKINS MICHAEL 8 & 19.18 RUT 2.8 54
26323 S0530244350 BOYACK GEORGE D & 60.89 RUT 2.8 170
2632480530131350 H08KIN8 PATRICK JON 10.00 RUT 2.8 28
26325 80530141910 ENGLE CHRI8TOPHER ROY 9.08 RUT 2.8 25
26328 80530142200 ALLMON DALBERT J & 5.00 RUT 2.8 14
26329 80530233805 JC LANDCO LLC 18.17 RUT 2.8 51
26330 80530142350 LEE GRANT N 29.70 RUT 2.8 8:j
26332 S0530244350 BOYACK GEORGE D & 60.89 RUT 2.8 170
26334 S0530336200 * ASCHENBRENNER KENNETH 73.24 RUT 2.8 205
26335 80530346800 · RHEAD ROBERT C & MARLENE D 59.19 RUT 2.8 166
26338 80530417376 CERIO MICHAEL T & 5.89 RUT 2.8 16
26344 80530417382 PALMER TAWNEE 5.61 RUT 2.8 16
26351 R5147490513 8MITH 8TEVEN C 44.39 RUT 2.8 124
Totals of parcels expected to develop within the next 10 years: 937.63 2418
Area Basis ERU Basis
% of parcels to develop within the Total Service Area within the next 10 years: 83.51 % 82.81 %
(excluding the Developer's Area)
"EXHIBIT C"
TEN MILE ROAD SEWER LINE EXTENSION
FARWESTLLC
SEWER LINE LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
Total Service Area =
1712.58 Gross Acres
Latecomers ERU = Total Service Area ERU - Developer's ERU
TOTAL SERVICE AREA:
ERU
I 4788.00
%OF
TOTAL
100.01
DEVELOPER'S AREA:
ERU
I 1867.00
%OF
TOTAL
39.01
LATE COMER'S AREA
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION:
ERU
I 292 1.00
%OF
TOTAL
61.01
5239,907.43
Verified from Billings
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
39.0% x 5239,907.43 593,547.86
PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT:
Total Serviced ERU's (100%) - Developer's Percentage = Percentage Eligible = 61.0%
61.0% x 5 239,907.43
5146,359.57
LATE COMER FORMULA:
(Eligible Reimbursement/Late Comer's Serviced ERU's = Late Comer Fee per ERU)
$ J46,359.57 550.11
2921.00
REIMBURSEMENT BASIS:
Assume payback period of ten years and an overall growth rate of 83%
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per ERU =
Plus 10%
$50.] I
83%
Admin fee
$60.51
60.51@ 1l0% =
$66.56
REIMBURSEMENT SCHEDULE:
The Late Comer fee paid by each parcel, or portion thereof, who connects to the
subject water line will be paid per the above agreement.
The fees assessed to each latecomer shall be adjusted annually on
October I st, at an annual percentage rate of 6%
The latecomer fees shall be:
Effective Date Latecomer Fee ner Acre
October I, 2002 $66.56
October I , 2003 $ 70.55
October I, 2004 $ 74.78
October 1, 2005 $ 79.27
October 1, 2006 S 84.03
October I, 2007 $ 89.07
October I, 2008 $ 94.41
October I, 2009 $ 100.08
October 1,2010 $ 106.08
October I, 2011 $ 112.45
Table I
Page 1
TEN MILE ROAD SEWER LINE EXTENSION
FARWEST LLC
LATE COMERS AGREEMENT
This Agreement made and entered into this /6 *day of J tdf-- ' 2003, by
and between FARWEST LLC, an Idaho Limited Liability Company, hereafter referred to as
"Farwest", and the CITY OF MERIDIAN, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the City limits extend North of McMillan Road, but prior to this Agreement
and the construction referred to herein, such area was not provided sewer service by the City;
and
WHEREAS, Farwest constructed a sewer line from an existing sewer line to an area
North of McMillan Road and in Ten Mile Road, as shown in "Exhibit A", which sewer line is
able to provide service to land north of McMillan Road, east and west of Ten Mile Road to the
land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set
forth in full; that the Total Service Area is approximately 1,789.52 acres which, if developed
under the land use density projections shown on Exhibit "B", which is attached hereto and by
this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit
"B", there would be 4,788 equivalent residential units (ERU) in the 1,789.52 acres; and
WHEREAS, Farwest and Paramount LLC, owners of another development within the
aforementioned Total Service Area, have already made separate arrangements for Paramount to
reimburse Farwest for a share of the cost of construction ofthe aforementioned sewer line, and to
share in the amounts collected by Farwest under this Late Comers Agreement, such that Farwest
and Paramount properties shall be collectively referred to herein as "Farwest Properties" for
convenience purposes, which properties collectively consist of 1,867 ERU; that on the land not
included in Farwest's subdivision, there could be 2,921 ERU; and
WHEREAS, the sewer line constructed by Farwest will benefit land other than only the
Farwest Properties; that the land that can be served by the said sewer line is shown in Exhibit
"A"; that the developable land that can be served by the sewer line could contain 4,788 ERU's;
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 1
page..Lor....t&
that the existing developed areas that eventually connect to the sewer line serviced by the City
will be subject to the late comer fees described herein; that 82.81 % of the land not included the
Farwest Properties would be developed in ten years, the term that a late comers Agreement is
allowed to run, and
WHEREAS, the total cost of constructing the said sewer line borne by Farwest was, is or
will be $239,907.43; whereas the sewer line will benefit the Farwest Properties which could
contain 1,867 ERU's, or 39.00% ofthe total area to be benefited by the construction of the sewer
line; therefore the cost to Farwest to construct the sewer line to and through the Farwest
Properties would be $93,554.48; that by subtracting this amount as the total Farwest's cost
share, the total cost to all late comers is $146,352.95; and then dividing by 82.81% of the
remaining number of ERU's that could be served by the sewer line; and then adding 10% for
City Administration Cost, there should be a late comers fee of $66.57, plus interest, per ERU as
shown in Exhibit "C"; and
WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into
sewer line extension and reimbursement agreements and that section further provides that sewer
users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch
diameter sewer line equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the fact the user has not contributed to the cost of the extended
line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section
provides that the late comers fee may be used to reimburse the person or persons so extending
the sewer line(s).
WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to
charge a Sewer Construction Equivalency Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward the costs and expenses of constructing
a sewer line, whether that construction has been performed by the City, a local improvement
district or a private entity, or combination thereof, and who subsequently desires to connect to
the City sewer system, shall be required to pay an additional connection charge which shall be
known and referred to as the "Sewer Construction Equivalency Fee".
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 2
PagA t8 of..ld.-
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in
full.
2. That Farwest has paid or will pay for engineering, planning and construction of
the sewer line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A".
3. Farwest has contributed or will contribute $239,907.43 to total construction costs
of the said sewer line, of which Farwest is entitled to be reimbursed the sum of$146,352.95 plus
interest, which represents land that would be served by the sewer line but is not included in the
Farwest Properties.
4. That for all land in Exhibit "A" subsequently connecting to the sewer line referred
to in Exhibit "A", except the land in the Farwest Properties, the City will charge the sum of
$66.57 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to
as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-
1-12 and established by this Agreement, which fee shall herein be referred to as "LATE
COMERS FEE"; the fee is in addition to any other sewer charges for connection to the sewer
system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto and by
this reference incorporated herein.
5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the TEN MILE TRUNK SEWER
EXTENSION PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a
rate of 6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30)
each year for the term of the agreement, and shall be distributed quarterly to Farwest.
6. That the late comer fees assessed, which will go into the TEN MILE TRUNK
SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate
of6% per annum as shown in Table 1 of Exhibit "C".
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the sewer line shown in Exhibit "A" for the land also shown in Exhibit "A", except
the land in the Farwest Properties.
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 3
Page ,~ oW
l.
8. That the City shall charge the TEN MILE TRUNK SEWER EXTENSION
PROJECT REIMBURSEMENT ACCOUNT the 10% fee as authorized under 9-1-13, which
is already calculated into the amounts set forth in Exhibit e.
9. That the City shall have prepared on an annual basis an audit of all funds
collected pursuant to this Agreement, which audit shall coincide with the general audit of the
City; that the cost of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the sewer line(s) referenced in Exhibit <<A" is the property of the
City and shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be until Farwest has been reimbursed the
principal sum of $146,352.95, plus interest, as determined in Paragraph 6 or, if this is not
achieved, for a period of ten (10) years, or until such time the sewer line described herein is
abandoned. If Farwest has not been reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreement, the Agreement may be
renewed by mutual Agreement of the City and Farwest, at such time as the City ordinance
allows for extension of a ten year time frame. If the City does not amend this ordinance, then
this agreement shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors of the parties
hereto.
/6 -rj
_ day of
Jutr
,2003.
DATED this
BY:
CITY OF MERIDIAN
ATTEST:
-
-
Approved By City Council the c19 day of
(corporate seal)
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 4
Page ~ nW.
FARWEST, LLC.
By: Developers Services, Inc
STATEOFIDAHO )
}ss.
County of Ada, )
rd
On this z.~ day of i.u!!i: ' 2003, before me, the undersigned, a Notary
Public in and for said State, perib'nally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho,
and who executed the within instrument, and acknowledged to me that the CITY OF
MERIDIAN executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above writte~........o.
.+ ON SJJ+
(SEAL) :~OT~;:{~~
.-~I \ ~
III ' I ·
II t I III
II , J III
" \ I I1J
.. ' I otr
, br_. C I 41
o. U'......: tJjj\..t~~"~1o.09.
.... ~?;;:,---~;n ~-s...
....40F.IY:..
.1Il"...."
Jhtu7JYl rOru:-/t--
NOTARY PUBLIC FOR IDAHO
Residing at: !/de;.. {;."'J!u.t-ty- Jd.~
Commission Expires: 1- Zk'--o s
STATE OF IDAHO. )
: ss.
County of Ada. )
On this JJtctay of ~ 4 ' 2003, before me (here insert the name and
quality of the officer), persona yap eared Brian F. McColl, known and identified to me to be
the President of Developers Services, Inc., an Idaho corporation and member of Farwest LLC,
that executed the instrument or the person who executed the instrument on behalf of said limited
liability company, and acknowledged to me that such limited liability company executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
JJ'"I" U'" ~: -- --------.~ C (\ .~
,..~'~s ...~...~~::;.~ . ~~'i>~ fur~~~(\Y\
i I'1i ;,." \sEAL) Residing at: WCuVW"( I,.)
.O~. .\-1
i ~ . ""l ;: Commission Expires:
\ ';. , t t; j LINDER WATER LINE LATE COMERS AGREEMENT (0 j ~l 0 l{
\, ~O "" -~~ I Page 5
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Page Lo otlEi
EXHIBIT B CONT.
LATECOMER'S AREA
10 PARCEL OWNER
16859 80426336000 BEW8 E L
16856 S0426233815 GOLDSMITH MARTY
16822 S0427410000 . BEWS E L
16832 S0427430000 . SEWS E L
16848 S0426120550 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP
16849 S0426110100 TSUPA IVAN I
16862 S0426417200 NELSON CATHERINE L
16863 S0426417220 LUKEHART BEN W
16864 S0426314910 MOSS TONY
16866 S0426438410 FULFER KELLY
16867 S0426449900 FULFER KELLY
16868 S0426438500 FULFER KELLY G
16869 S0426438800 FULFER KELLY
16870 S0426449740 FULFER JACK G
16871 S0426449850 FULFER KELLY
16872 S0426449825 FULFER KELLY
16873 80426438700 CALKINS RANDALL GENE
16875 S0425223000 HUARTE FAMILY TRUST
16876 S0425212480 HUARTE FAMIL YTRUST
16877 S0425212420 PROCTOR JOHN S & M RAE
16878 S0425120900 BOISE FIRST CHURCH OF RELIGIOUS SCIENCES
16881 S0425110150 DENNETT MEL
16882 S0425110250 DIOCESE OF BOISE
1688380425233700 STEWART ARCHIE D &
16886 S0425141850 IVORY DON B
16887 S0425141890 HAMILTON BUCK 0 &
1688880425142030 SCOTT EAILEEN AND
16889 S0425233800 KOOYERS SHERIDAN C
16890 S0425233875 KOOYERS SHERIDAN C
16891 S0425141940 BATES BODIE E
16893 S0425141990 SCOTT E AILEEN AND
16896 S0425142110 MASTRO PAOLO MICHAEL
16898 S0425142225 PACKARD JOHN W
16899 S0425142315 ROGERS DOUG
16900 S0425325425 GOLDSMITH MARTY
16901 S0425325460 MERIDIAN JOINT SCHOOL DIST NO 2
16905 S0425325500 STRUCKMAN DONN AND
16906 S0425336040 HANKS RONALD G &
16908 S0425336560 LEGARRETA FULGENCIO
16909 S0425438500 CHESTER DALlCE R &
16910 S0425438400 REITERMAN BONNIE
16911 S0425336090 LEGARRETA FULGENCIO
26198 S0531110150 BRAMHALLJEANETTEM
26201 R1608650120 COOK DAVID 0 &
26202 R1608650150 WOOD HENRY D JR &
26203 R1608650180 PALMER OLIVER DAVID &
26310 S0530223155 ROMAN CATHOLIC DIOCESE OF BOISE
26311 S0530212800 HOME & GARDEN STORE INC
26312 S0530212415 FRIENDSHIP CELEBRATION LUTHERAN CHURCH OF ADA CO ID INC
26313 S0530121000 SIGNATURE POINTE HOME & GARDEN ACCENTS INC
26314 S0530120910 WHITE JOHN FRANKLIN &
26315 S0530110460 STETSON PROPERTIES
2631680530110100 VALLEY LIFE COMMUNITY CHURCH INC
2631780530223400 BOYACK GEO D &
26318 S0530120760 MARTENS DELBERT C
26319 R1002730100 BEEHLER STEPHANIE P
26320 R1002730200 CHANCE CARLENE D
26321 S0530120600 MCCLURE MICHAEL A
26322 S0530233776 ADKINS MICHAEL 8 &
26323 S0530244350 BOYACK GEORGE D &
26324 S0530131350 HOSKINS PATRICK JON
2632580530141910 ENGLE CHRISTOPHER ROY
26326 80530141825 RISSINGER DARIN K
26327 S0530142050 HURTADO PAULA
26328 S0530142200 ALLMON DALBERT J &
26329 S0530233805 JC LANDCO LLC
26330 80530142350 LEE GRANT N
26331 S0530233890 JC LANDCO LLC
26332 80530244350 BOYACK GEORGE 0 &
ACREAGE
76.94
25.42
14.54
14.54
10.01
0.60
2.79
2.48
1.56
17.72
19.60
9.55
9.00
9.09
8.44
1.15
0.88
40.00
34.85
5.15
5.01
10.00
1.42
5.00
0.92
0.92
8.97
1.89
3.94
1.00
4.81
5.00
4.93
1.88
0.59
55.00
2.31
1.14
58.00
18.36
1.00
1.00
3.80
5.00
5.00
5.00
24.00
9.46
9.45
5.01
22.95
28.29
10.60
1.00
4.94
10.06
10.06
4.69
19.18
60.89
10.00
9.08
1.00
4.91
5.00
18.17
29.70
1.00
60.89
ZONECOOE
CoG
RUT
RUT
RUT
RUT
8FD
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
8FD
RUT
RUT
RUT
RUT
RUT
RUT
RUT
8FD
SFD
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
SFD
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
ERU's
per acre
1.14
NA
2.8
2.8
2.8
NA
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
NA
2.8
2.8
2.8
2.8
2.8
2.8
2.8
NA
NA
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
NA
FIXED
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
Projected
ERU's
88
71
41
41
28
1
8
7
4
50
55
27
25
25
24
3
1
112
98
14
14
28
4
14
1
1
25
5
11
3
13
14
14
5
1
75
6
3
162
51
3
3
11
14
14
14
67
26
26
14
64
79
30
3
14
28
28
13
54
170
26
25
3
14
14
51
83
3
170
Pag~ot.l.d
EXHIBIT B CaNT.
26333 S0530325450 COLE RAYMOND 0.12 SFD NA 1
26334 S0530336200 . ASCHENBRENNER KENNETH 73.24 RUT 2.8 205
26335 S05303468o0 . RHEAD ROBERT C &.MARLENE D 59.19 RUT 2.8 166
26336 R5147490220 WATTS STAN K 1.48 RUT 2.8 4
26337 R5147490210 WATTS STAN K 1.29 RUT 2.8 4
26338 S0530417376 CERIO MICHAEL T & 5.89 RUT 2.8 16
26339 S0530417300 CHURCH OF JESUS CHRIST LATTER DAY SAINTS 14.70 RUT 2.8 41
26340 R514749019o FIELD BRENT E & 1.47 RUT 2.8 4
26341 R514749020o FIELD BRENT E & 1.08 RUT 2.8 3
26342 R5147490180 BRAMMER HAROLD A & FERN M TRUST 1.43 RUT 2.8 4
26343 R5147490170 BRAMMER HAROLD A & FERN M TRUST 1.11 RUT 2.8 3
26344 S0530417382 PALMER TAWNEE 5.61 RUT 2.8 16
26345 R5147490150 BRUNEEL CRAIG G 1.13 RUT 2.8 3
26346 R514749016o BRUNEEL CRAIG G 1.25 RUT 2.8 4
26347 R5147490140 WILCOX CHRISTINE GAIL 0.69 SFD NA 1
26348 R5147490130 WILCOX CHRISTINE G 1.32 RUT 2.8 4
26349 R5147490230 BATTAZZO DANIEL L 0.98 SFD NA 1
26350 R5147490240 BATTAZZO DANIEL L 0.59 SFD NA 1
26351 R5147490513 SMITH STEVEN C 44.39 RUT 2.8 124
26352 R5147490110 HOLLOWAY HAROLD E & 0.62 SFD NA 1
26353 R5147490120 HOLLOWAY HAROLD E & 1.11 RUT 2.8 3
26354 R5147490260 TEEGARDEN JOHN F & SANKA TRUST 1.40 RUT 2.8 4
26355 R5147490250 TEEGARDEN JOHN F & SANKA TRUST 0.73 SFD NA 1
26356 R5147490270 FREEDMAN KRISTEN S & 2.02 RUT 2.8 6
26357 R5147490280 FREEDMAN KRISTEN S & 0.69 SFD NA 1
26358 R51474901o0 SMITH TONYA J & 0.73 SFD NA 1
26359 R5147490090 SMITH TaNYA J & 1.37 RUT 2.8 4
26360 R5147490290 WRIGHT CONRAD L & 1.33 RUT 2.8 4
26361 R51474903oo WRIGHT CONRAD L & 0.89 SFD NA 1
26362 R5147490080 YOUNGBERG MICHAEL J & 0.76 SFD NA 1
26363 R514749007o YOUNGBERG MICHAEL J & 1.37 RUT 2.8 4
26364 R514749005o NOSEK J W & B E TRUST 1.01 RUT 2.8 3
26365 R5147490060 NOSEK J W & B E TRUST 1.23 RUT 2.8 3
26366 R5147490320 COOD KATHLEEN A 1.14 RUT 2.8 3
26367 R514749031o COOD KATHLEEN A 0.76 SFD NA 1
2636B R5147490040 PAPKE JEFF H & 1.01 RUT 2.8 3
26369 R5147490030 PAPKE JEFF H & 1.14 RUT 2.8 3
26370 R5147490609 BARNETT EDGAR R 2.81 RUT 2.8 8
26371 R5147490020 MARKMAN DENNIS W & 1.43 RUT 2.8 4
26372 R5147490010 MARKMAN DENNIS W & 1.oB RUT 2.8 3
26373 R5147490700 BARNETT EDGAR R 1.63 RUT 2.8 5
26374 R5147490335 HANSEN D RICK 2.99 RUT 2.8 8
1122.74 2921
. Denotes portion of parcel within latecomer's area
Note; Any parcel less than 1.0 acre not considered for redevelopment and assigned 1 ERU
Page '1 ot.iIl.
EXHIBIT B
DEVELOPER'S AREA
ID PARCEL OWNER
16903 80425427800 WOLF DWAINE
1690480425417200 WOLF DWAINE G
1689280425131750 WOLF DWAINE G
1690780425336080 PARAMOUNT LLC
1690280425325470 PARAMOUNT LLC
16897 80425233910 PARAMOUNT LLC
1689480425141900 PARAMOUNT LLC
1689580425233690 PARAMOUNT LLC
16884 80425233605 PARAMOUNT LLC
1688580425141825 PARAMOUNT LLC
1687980425120605 PARAMOUNT LLC
1688080425110100 PARAMOUNT LLC
1684780426120650 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNER8HIP
~~~;; 80426244210 GOLDSMITH MARTY
16857 S0426141810 GOLD8MITH MARTY
16860 80426314810 GIBSON DANIEL G JR
16861 S0426427810 GOLDSMITH MARTY
16865 S0426346700 GIB80N DANIEL G JR
1685880426233901 MARTIN JUSTIN G
ACREAGE ZONECODE
59.50 RUT
54.50 RUT
25.00 RUT
18.68 RUT
22.70 RUT
2.30 RUT
5.00 RUT
37.36 RUT
29.70 RUT
20.81 RUT
34.47 RUT
28.32 RUT
66.02 RUT
73.94 RUT
37.00 RUT
38.17 RUT
73.10 RUT
38.87 RUT
1.347 RUT
666.78
ERU's
per acre
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
Projected
ERU's
167
153
70
52
64
6
14
105
83
58
97
79
185
207
104
107
205
109
4
1867
PagA C\ ot..La:
SUMMARY:
Developer's Area Only:
latecomer's Area Only:
Total Net Benefit Are (inc!. Developer's area)
Percentage Developer's:
Percentage latecomer's:
EXHIBIT B - CONT.
Acreage
666.78
1122.74
1789.52
Area Basis
37.26%
62.74%
ERU's
1867
2921
4788
ERU Basis
39.00%
61.00%
Consider small parce/s//ots will not develop at
urban density or commercial in next ten years.
< 3 acres
< 4 acres
< 5 acres
Acres
495.78
507.38
582.54
Percentage
44.16%
45.19%
51 .89%
ERU's
1378
1410
1621
Percentage
47.18%
48.29%
55.50%
PageAoill
EXHIBIT B CaNT.
Parcels Expected to Develop Within 10 Years
10 PARCEL
16859 80426336000
OWNER
ERU's Projected
ACREAGE ZONECODE per acre ERU's
76.94 C-G 1.14 88
BEW8 E L
16856 80426233815 GOLD8MITH MARTY 25.42 RUT NA 71
16822 80427410000 * BEW8 E L 14.54 RUT 2.8 41
16832 80427430000 * SEW8 E L 14.54 RUT 2.8 41
16866 80426438410 FULFER KELLY 17.72 RUT 2.8 50
16867 80426449900 FULFER KELL Y 19.60 RUT 2.8 55
16875 80425223000 HUARTE FAMILY TRU8T 40.00 RUT 2.8 112
16876 80425212480 HUARTE FAMILY TRU8T 34.85 RUT 2.8 98
16901 80425325460 MERIDIAN JOINT 8CHOOL DI8T NO 2 55.00 RUT 2.8 75
16908 80425336560 LEGARRETA FULGENCIO 58.00 RUT 2.8 162
16848 80426120550 LEROY E BRANDT FAMJL Y LIMITED LIABILITY p, 10.01 RUT 2.8 28
16868 S0426438500 FULFER KELLY G 9.55 RUT 2.8 27
16869 80426438800 FULFER KELLY 9.00 RUT 2.8 25
16870 80426449740 FULFER JACK G 9.09 RUT 2.8 25
16871 80426449850 FULFER KELLY 8.44 RUT 2.8 24
16881 80425110150 DENNETT MEL 10.00 RUT 2.8 28
16883 80425233700 8TEWART ARCHIE D & 5.00 RUT 2.8 14
16888 S0425142030 SCOTT E AILEEN AND 8.97 RUT 2.8 25
1689680425142110 MASTROPAOLO MICHAEL 5.00 RUT 2.8 14
16909 80425438500 CHE8TER DALlCE R & 18.36 RUT 2.8 51
26201 R1608650120 COOK DAVID D & 5.00 RUT 2.8 14
26202 R1608650150 WOOD HENRY D JR & 5.00 RUT 2.8 14
26203 R1608650180 PALMER OLIVER DAVID & 5.00 RUT 2.8 14
26314 S0530120910 WHITE JOHN FRANKLIN & 22.95 RUT 2.8 64
2631580530110460 8TET80N PROPERTIE8 28.29 RUT 2.8 79
26319 R1002730100 BEEHLER STEPHANIE P 10.06 RUT 2.8 28
26320 R1002730200 CHANCE CARLENE 0 10.06 RUT 2.8 28
26322 S0530233776 ADKIN8 MICHAEL 8 & 19.18 RUT 2.8 54
26323 80530244350 BOYACK GEORGE 0 & 60.89 RUT 2.8 170
26324 80530131350 H08KIN8 PATRICK JON 10.00 RUT 2.8 28
26325 80530141910 ENGLE CHRI8TOPHER ROY 9.08 RUT 2.8 25
26328 80530142200 ALLMON DALBERT J & 5.00 RUT 2.8 14
26329 80530233805 JC LANDCO LLC 18.17 RUT 2.8 51
26330 80530142350 LEE GRANT N 29.70 RUT 2.8 83
26332 80530244350 BOYACK GEORGE D & 60.89 RUT 2.8 170
26334 80530336200 · A8CHENBRENNER KENNETH 73.24 RUT 2.8 205
26335 S0530346800 * RHEAD ROBERT C & MARLENE 0 59.19 RUT 2.8 166
26338 80530417376 CERia MICHAEL T & 5.89 RUT 2.8 16
26344 80530417382 PALMER TAWNEE 5.61 RUT 2.8 16
26351 R5147490513 8MITH STEVEN C 44.39 RUT 2.8 124
Totals of parcels expected to develop within the next 10 years: 937.63 2418
Area Basis ERU Basis
% of parcels to develop within the Total 8ervice Area within the next 10 years: 83.51 % 82.81%
(excluding the Developer's Area)
pageiLotkL.
"EXlUBIT C"
TEN MILE ROAD SEWER LINE EXTENSION
FARWESTLLC
SEWER LINE LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINA T[ON:
Total Service Area =
1712.58 Gross Acres
Latecomers ERU = Total Service Area BRU . Developer's ERU
TOTAL SERVICE AREA:
BRU
I 4788.00
%OF
TOTAL
[00.01
DEVELOPER'S AREA:
ERU
I 1867.00
%OF
TOTAL
39.01
LATE COMER'S AREA
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION:
BRU
I 2921.00
%OF
TOTAL
61.01
$239,907.43
Verified from Billings
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
39.0% x $239,907.43 $93,547.86
PORTION OFDEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT:
Total Serviced ERU's (100%) . Developer's Percentage = Percentage Eligible = 61.0%
61.0% x $ 239,907.43
$146,359.57
LATE COMER FORMULA:
(Eligible ReimbursementlLate Comer's Serviced ERU's = Late Comer Fee per ERU)
$ 146,359.57 $50.11
2921.00
REIMBURSEMENT BASIS:
Assume payback period often years and an overall growth rate of 83%
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per ERU =
Plus 10%
$50.11
83%
Admin fee
$66.56
$60.51
60.51@ 110% =
REIMBURSEMENT SCHEDULE:
The Late Comer fee paid by each parcel, or pnrtion thereof, who connects to the
subject water line will be paid per the above agreement.
The fees assessed to each latecomer shall be adjusted annually on
October 1st, at an annual percentage rate of 6%
The latecomer fees shall he:
Effective Date Latecomer .Fee per Acre
October 1, 2002 $66.56
October 1, 2003 $ 70.55
October I, 2004 $ 74.78
October I, 2005 $ 79.27
October 1, 2006 $ 84.03
October I, 2007 $ 89.07
October I, 2008 $ 94.41
October 1, 2009 $ 100.08
October 1, 2010 $ 106.08
October I, 20 II $ 1 ]2.45
T.!I.bleJ
Page 1
pageftow..
ADA COUNTY RECORDER J. DAVID NAVARRO
aOlSE IDAHO 07/28/03 03:28 PM
DEPUTY Michelle Turner
RECORDED-REQUEST OF
Meridian Cily
I AMOUNT .00
"'-.
12
1111111111111111111111111111111111111
Hl3124771
./
TEN MILE ROAD SEWER LINE EXTENSION
FARWESTLLC
LATE COMERS AGREEMENT
This Agreement made and entered into this /6~day of JM1 ,2003, by
and between FARWEST LLC, an Idaho Limited Liability Company, hereafter referred to as
"Farwest", and the CITY OF MERlDIAN, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the City limits extend North of McMillan Road, but prior to this Agreement
and the construction referred to herein, such area was not provided sewer service by the City;
and
WHEREAS, Farwest constructed a sewer line from an existing sewer line to an area
North of McMillan Road and in Ten Mile Road, as shown in "Exhibit A", which sewer line is
able to "provide service to land north of McMillan Road, east and west of Ten Mile Road to the
land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set
forth in full; that the Total Service Area is approximately 1,789.52 acres which, if developed
under the land use density projections shown on Exhibit "B", which is attached hereto and by
this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit
"B", there would be 4,788 equivalent residential units (ERU) in the 1,789.52 acres; and
WHEREAS, Farwest and Paramount LLC, owners of another development within the
aforementioned Total Service Area, have already made separate arrangements for Paramount to
reimburse Farwest for a share of the cost of construction of the aforementioned sewer line, and to
share in the amounts collected by Farwest under this Late Comers Agreement, such that Farwest
and Paramount properties shall be collectively referred to herein as "Farwest Properties" for
convenience purposes, which properties collectively consist of 1,867 ERU; that on the land not
included in Farwest's subdivision, there could be 2,921 ERU; and
WHEREAS, the sewer line constructed by Farwest will benefit land other than only the
Farwest Properties; that the land that can be served by the said sewer line is shown in Exhibit
"A"; that the developable land that can be served by the sewer line could contain 4,788 ERU's;
TEN Mll...E SEWER LINE LATE COMERS AGREEMENT
Page 1
p~
that the existing developed areas that eventually connect to the sewer line serviced by the City
will be subject to the late comer fees described herein; that 82.81 % of the land not included the
Farwest Properties would be developed in ten years, the term that a late comers Agreement is
allowed to run, and
WHEREAS, the total cost of constructing the said sewer line borne by Farwest was, is qr
will be $239,907.43; whereas the sewer line will benefit the Farwest Properties which could
conUrin 1,867 ERU's, or 39.00% of the total area to be benefited by the construction ofthe sewer
line; therefore the cost to Farwest to construct the sewer line to and through the Farwest
Properties would be $93,554.48; that by subtracting this amount as the total Farwest's cost
share, the total cost to all late comers is $146,352.95; and then dividing by 82.81% of the
remaining number of ERU's that could be served by the sewer line; and then adding 10% for
City Administration Cost, there should be a late comers fee of $66.57, plus interest, per ERU as
shown in Exhibit "C"; and
WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into
sewer line extension and reimbursement agreements and that section further provides that sewer
users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch
diameter sewer line equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the fact the user has not contributed to the cost of the extended
line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section
provides that the late comers fee may be used to reimburse the person or persons so extending
the sewer tine(s).
WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to
charge a Sewer Construction EquivaleIlcy Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward the costs and expenses of constructing
a sewer line. whether that construction has been performed by the City, a local improvement
district or a private entity, or combination thereof, and who subsequently desires to connect to
th~ City sewer system, shall be required to pay an additional connection charge which shall be
known and referred to as the "Sewer Construction Equivalency Fee".
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 2
page1LoLld-
NOW; THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in
full.
2. That Farwest has paid or will pay for engineering, plarming and construction of
the sewer line shown in Exhibit "N'; and which will benefit the land also shown in Exhibit "A".
3, Farwest has contributed or will contribute $2391907.43 to total construction costs
ofthe said sewer line, of which Fanvest is entitled to be reimbursed the sum of$146,352.95 plus
interest, which represents land that would be served by the sewer line but is not included in the
Farwest Properties.
4, That for a11land in Exhibit "AI> subsequently connecting to the sewer line referred
to in Exhibit "A", except the land in the Farwest Properties, the City will .charge the sum of
$66.57 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to
as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-
1-12 and established by this Agreement, which fee shall herein be referred to as "LATE
COMERS FEE"; the fee is in addition to any other sewer charges for connection to the sewer
system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto and by
this reference incorporated herein.
5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the TEN MILE TRUNK SEWER
EXTENSION PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a
rate of 6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30)
each year for the term of the agreement, and shall be distributed quarterly to Farwest.
6. That the late comer fees assessed, which will go into the TEN MILE TRUNK
SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate
of 6% per annum as shown in Table 1 of Exhibit "C",
7. That the late comer fees shall b~ collected by the City from all users subsequently
connecting to the sewer line shown in Exhibit "A" for the land also shown in Exhibit "A", except
the land in the Farwest Properties.
TEN :MILE SEWER LINE LATE COMERS AGREEMENT
Page 3
Page ~~ oill
8. That the City shall charge the TEN }\.'IILE TRUNK SEWER EXTENSION
PROJECT REIMBURSEMENT ACCOUNT the 10% fee as authorized under 9-1-13, which
is already calculated into the amounts set forth in Exhibit C.
9. That the City shall have prepared on an annual basis an audit of all funds
collected pursuant to this Agreement, which audit shall coincide with the general audit of the
City; that the cost of this audit shall be paid by the City as part of its administrative costs.
to. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the
City and shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be until Farwest has been reimbursed the
principal sum of $146,352.95, plus interest, as determined in Paragraph 6 or, if this is not
achieved, for a period of ten (10) years, or until such time the sewer line described herein is
abandoned. If Farwest has not been reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreement, the Agreement may be
renewed by mutual Agreement of the City and Farwest, at such time as the City ordinance
allows for extension of a ten year time frame. If the City does not amend this ordinance, then
this agreement shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors of the parties
hereto.
DATED this
16~
_ day of
J~
. 2003.
BY:
CITY OF MERIDIAN
Approved By City Council the 8.f:} day of
WILLIAM G. BERG, JR
4rhl.i
ATTEST:
(corporate seal)
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 4
Page J...\. 0&
1(7)&
011, its President
STATE OF IDAHO )
}ss.
CountY" of Ada, )
0. this 2~,.ddaY of ~ ,2003, hefure me, the undersigned,. Noblry
Public in and for said State, per nally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., mown to me to be the Mayor and City Clerk of the CITY OF MERlDIAN, Idaho,
and who executed the within instrument, and acknowledged to me that the CITY OF
MERIDIAN executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written..........
..+ ~,}j{._~~..
. (SEAL) .'/;;.OTA.t{~..?Jt.. .
. I \ ..
.. , \ .
. I . ~
.. \ ' .
. , J :
.. c I ..
.. &,'~br_:\! ~"O.
::.-u..tn......~ .
..q,.,;:,---~ .
..~.a:OF ~..
........
3hMiY7(Cru'.-fl--
NOTARY PUBLIC FOR IDAHO
Residing at: Ad4. .Uun"ty. Jc.f.~
Commission Expires: 1-U'-o~
STATE OF IDAHO. )
; 59.
County of Ada. )
On this 1b~y of ~. J.u , 2003, before me (here insert the name and
quality of the officer), person~:YaPFeared Bnan F. McColl, lrnawn and ldentified to me to be
the President of Developers Services, Inc., an Idaho cOIporation and member of Farwest LLC,
that executed the instrument or the person who executed the instrument on behalf of said limited
liability company, and acknowledged to me that such limited liability company executed the
same.
IN WITNESS WHEREOF> I have hereunto set my hand and affIx.ed my official
seal the day and year in this certificate first above written.
",.tt..n."",#. c-'~ 'C -. ~
~"..ti \.'i .. It I"...." ........ ~_ ~~<s~1.~(~.
I';/:. 04--1-'\ Notary Public for Idaho I! ~
I 0 ~ '1- ~ WEAL) Residing at: ~'I~
~' ~ ~ IS; = Commission Expires:
~ ~ f" ~ JLINDER WATERLINE LATECOMERS AGREEMENT (0 f?;;()IOl{
" "" ~o/ Page 5
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EXHIBIT B CONT.
LATECOMER'S AREA
ERU's Projectlld
10 PARCEL OWNER ACREAGE ZONECODE per acre ERU's
16859 50426338000 BEWS E L 76.94 CoG 1.14 88
16856 S0426233815 GOLDSMITH MARTY , 25.42 RUT NA 11
16822 S0427410000 . BEWS E L 14.54 RUT 2.8 41
16832 S042743oo00 . SEWS E L 14.54 RUT 2.8 41
1684850426120550 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP 10.01 RUT 2.8 28
1684950426110100 T8UPA IVAN I .0.60 SFD NA 1
1686280426417200 NELSON CATHERINE L 2.79 RUT 2.8 8
16863 80426417220 LUKEHART BEN W 2.46 RUT 2.8 7
18864 80426314910 MOSS TONY 1.56 RUT 2.8 4
16866 50426438410 FULFER KELLY 17.12 RUT 2.8 50
16867 50426449900 FULFER KELLY 19.60 RUT 2.8 55
16868 50426438500 FULFER KELLY G 9.55 RUT 2.8 27
16869 S0426438800 FULFER KELI. Y 9.00 RUT 2.8 25
16870 S0426449740 FULFER JACK G 9.09 RUT 2.8 25
16871 S0426449850 FULFER KELLY 8.44 RUT 2.8 24
16872 50426449825 FULFER KELLY 1.15 RUT 2.8 3
1687350426438700 CALKINS RANDALL GENE 0,88 SFD NA 1
16875 50425223000 HUARTE: FAMILY TRU5T 40.00 RUT 2.8 112
16876 50425212480 HUARTE FAMILY TRUST 34.85 RUT 2.8 98
16877 50425212420 PROCTOR JOHN 5 & M RAE 5.15 RUT 2,8 14
16878 50425120900 BOISE FIRST CHURCH OF RELIGIOUS SCIENCES 5.01 RUT 2.8 14
16881 S0425110150 DENNETT Met 10.00 RUT 2.8 26
16882 50425110250 DIOCESE OF BOISE 1.42 RUT 2.8 4
16883 S0425233700 STEWART ARCHIE D & 5.00 RUT 2.8 14
16886'50425141850 IVORY DON B 0.92 5FD NA 1
16887 80425141890 HAMIL TON BUCK 0 & 0.92 SFO NA 1
16888 S0425142030 SCOTT E AilEEN AND 8.97 RUT 2.8 25
16889 50425233800 KOOYER5 SHERIDAN C 1.89 RUT 2.8 5
16890 S0425233875 KOOYERS SHERIDAN C 3.94 RUT 2,8 11
16891 50425141940 SATES, BODIE E 1.00 RUT 2.8 3
16893 S0425141990 SCOTT E AilEEN AND 4.81 RUT 2.8 13
16898 S0425142110 MASTROPAOLO MICHAEL 5.00 RUT 2.8 14
16898 S0425142225 PACKARD JOHN W 4.93 RUT 2.8 14
16899 50425142315 ROGERS DOUG 1.88 RUT 2.8 5
16900 S0426325426 GOLDSMITH MARTY 0.59 SFD NA 1
16901 50425325460 MERIDIAN JOINT SCHOOL DIST NO 2 55.00 RUT FIXED 75
16905 80425325500 STRUCKMAN DONN AND 2.31 RUT 2,8 6
18908 80425336040 HANKS RONALD G & 1.14 RUT 2.8 3
16908'S0425336560 LEGARRETA FULGENCIO 58.00 RUT 2.8 162
16909 S0425438500 CHESTER DALICE R & 18.36 RUT 2.8 51
16910'S04254384oo RElTERMAN BONNIE 1.00 RUT 2.8 3
16911,S042533609O LEGARRETA FULGENCIO 1.00 RUT 2,8 3
26198 50531110150 BRAMHALL JEANETTE M 3.80 RUT 2.8 11
26201 R1608650120 COOK DAVID D & 5.00 RUT 2.8 14
26202 R1608850150 WOOD HENRY 0 JR & 5.00 RUT 2.8 14
26203 R1608650180 PALMER OLIVER DAVID & 5.00 RUT 2.8 14
26310 S0530223155 ROMAN CATHOLIC DIOCESE OF BOISE 24.00 RUT 2.8 67
26311 50530212800 HOME & GARDEN STORE INC 9.46 RUT 2.8 26
26312 S0530212415 FRIENDSHIP CELEBRATION LUTHERAN CHURCH OF ADA CO ID INC 9.45 RUT 2.8 26
26313 50530121000 SIGNATURE POINTE HOME & GARDEN ACCENTS INC 5.01 RUT 2.8 14
26314 50580120910 WHITE JOHN FRANKLIN & 22.95 RUT 2.8 64
26315 S0530110460 STETSON PROPERTIES 28.29 RUT 2.8 79
2631850580110100 VAllEY LIFE COMMUNITY CHURCH INC 10.60 RUT 2.6 30
26317.80530223400 BOYACK GEO 0 & 1.00 RUT 2.8 3
26318 50530120760 MARTENS DELBERT C 4.94 RUT 2.8 14
26319 R1002730100 BEEHLER STEPHANIE P 10.06 RUT 2.8 28
26320 Rl002730200 CHANCE CARLENE D 10.08 RUT 2.8 28
26321 50530120600 MCCLURE MICHAEL A 4.69 RUT 2.8 13
26322 50530233776 ADKINS MICHAEL S & 19.16 RUT 2.6 54
26323 80530244350 BOYACK GEORGE 0 & 60.89 RUT 2.8 170
26324 80530131350 HOSKINS PATRICK JON 10.00 RUT 2.6 28
26325 50530141910 ENGLE CHRISTOPHER ROY 9,08 RUT 2.8 25
26326 50530141825 RISSrNGER DARIN K 1.00 RUT 2,8 3
2632780530142050 HURTADO PAUL A 4.91 RUT 2.8 14
26328 80530142200 ALLMON DALBERT J & 5.00 RUT 2.8 14
26329 80530233805 JC U>.NDCO LLC 18.17 RUT 2.8 51
26330 50530142350 LEE GRANT N 29.70 RUT 2,8 83
26331 S0530233890 JC lANDeO LI.C 1.00 RUT 2.8 3
26332 80580244350 BOYACK GEORGE 0 & 60.B9 RUT 2.8 170
p~
EXHIBIT B CONT.
26333 S0530325450 COLE RAYMOND
26334 50530336200 . ASCHENBRENNER KENNETH
26335 $0530346800 . RHEAO ROBERT C & MARLENE D
26336 R5147490220 WATTS STAN K
26337 R5147490210 WATTS STAN K
26338 50530417376 CERia MICHAEL T &
26339 50530417300 CHURCH OF JESUS CHRIST LATTER DAY SAINTS
26340 R514749011lO FIELD BRENT E &
26341 R5147490200 FIELD BRENT E &
26342 R5147490180 BRAMMER HAROLD A & FERN M TRUST
26343 R5147490170 BRAMMER HAROLD A & FERN M TRUST
26344 S0530417382 PALMER TAWNEE
26345 R5147490150 BRUNEEL CRAIG (3
26346 R5f47490160 BRUNEEL CRAIG G
26347 R5147490f40 WILCOX CHRISTINE GAIL
26348 R5147490130 WILCOX CHRISTINE G
26349 R514749023D BATTAZZO DANIEL L
26350 R5147490240 BATTAZZO DANIEL L
26351 R5147490513 SMITH STEVEN C
26352 R5f4749011O HOLLOWAY HAROLD E &
26353 R5147400120 HOLLOWAY HAROLD E &
26354 R5147490260 TEEGARDEN JOHN F & SANKA TRUST
26355 R5147490250 TEEGARDEN JOHN F & SANKA TRUST
26356 R5147490270 FREEDMAN KRISTEN S &
26357 R51474902BO FREEDMAN KRISTEN S &
26358 R5147490100 SMITH TaNYA J &
26359 R5147490090 SMITH TaNYA J &
26360 R5147490290 WRIGHT CONRAD L &
26361 R5147490300 WRIGHT CONRAD L &
26362 'R51474000ao YOUNGBERG MICHAEL J &
26363 R5147490070 YOUNGBERG MICHAEL J &
26364 R5147490050 NOSEK J W & B E TRUST
26365 R51474ltOO60 NOSEK J W & 6 E TRUST
26366 R5147490320 CODD KATHLEEN A
2.6367 R5147490310 CODD KATHLEEN A
26366 R51474lt0040 PAPKE JEFF H &
26361t R5147490030 . PAPKE JEFF H &
26370 R5147490609 BARNETT EDGAR R
26371 R5147490020 MARK/;WII DENNIS W &
26372 R5147490010 MARKMAN DENNIS W &
26373 R5147490700 BARNETT EDGAR R
26374 R5147490335 HANSEN D RICK
· Denoles portion of paresl wilhin latecomer's area
Nole: Any parcel less lhan 1.0 acra nol considered for redavelopmenl and assigned 1 ERU
0.12
73.24
59.19
1.48
1.29
5.69
14.70
1.47
1.08
1.43
1.11
5.61
1.13
1.25
0.69
1.32
0.96
0.59
44.39
0.62
1.11
1.40
0.73
2.02
0.69
0.73
1.37
1.$3
0.89
0.76
1.37
1.01
1.23
1.14
0.76
1.01
1.14
2.81
1.43
1.08
1Jj3
2.99
1122.74
sm
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
RUT
SFD
RUT
SFD
SFD
RUT
SFD
RUT
RUT
SFD
RUT
SFD
SFD
RUT
RUT
SFD
SFD
RUT
RUT
RUT
RUT
SFD
RUT
RUT
RUT
RUT
RUT
RUT
RUT
NA
2.8
2.6
2.8
2.6
2.6
2.6
2.8
2.8
2.8
2.8
2.8
2.8
2.8
NA
2.8
NA
NA
2.8
NA
2.6
2.8
NA
2.6
NA
NA
2.6
2.6
NA
NA
2.6
2.8
2.8
2.8
NA
2.8
2.6
2.6
2.6
2.6
2.6
2.8
1
205
166
4
4
16
41
4
3
4
3
16
3
4
1
4
1
1
124
1
3
4
1
6
1
1
4
4
1
1
4
3
3
3
1
3
3
8
4
3
5
8
2921
Page "1 o~
EXHIBIT B
DEVELOPER'S AREA
10 PARCEL OWNER
16903 50425427800 WOLF DWAINE
16904 50425417200 WOLF DWAINE G
16892 50425131750 WOLF DWAINE G
16907 50425336080 PARAMOUNT LLC
16902 S0425325470 PARAMOUNT LLC
16897 50425233910 PARAMOUNT LLC
16894 50425141900 PARAMOUNT LLC
16895 50425233690 PARAMOUNT LLC
16884 50425233605 PARAMOUNT LLC
16885 50425141825 PARAMOUNT LLC
16879 50425120605 PARAMOUNT LLC
16880 S0425110100 PARAMOUNT LLC
1684750426120650 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP
~~:;: 50426244210 GOLDSMITH MARTY
1685750426141810 GOLDSMITH MARTY
1686050426314810 GIBSON DANIEL G JR
16861 50426427810 GOLDSMITH MARTY
16865 50428346100 GIBSON DANIEL G JR
16858 50426233901 MARTIN JUSTIN G
ERU's
ACREAGE ZONECODE per acre
59.50 RUT 2.8
54.50 RUT 2.6
25.00 RUT 2.6
18.66 RUT 2.6
22.70 RUT 2.8
2.30 RUT 2.8
5.00 RUT 2.8
37.36 RUT 2.8
29.10 RUT 2.8
20.81 RUT 2.6
34.47 RUT 2.8
28.32 RUT 2.8
66.02 RUT 2.8
73.94 RUT 2.8
37.00 RUT 2.8
3B.17 RUT 2.B
73.10 RUT 2.B
38.87 RUT 2.8
1.347 RUT 2.6
668.78
Projected
ERU's
167
153
70
52
64
6
14
105
83
58
97
79
185
207
104
107
205
109
4
1667
Page C\ ntla:
SUMMARY: .
Developers Area Only:
latecomer's Area Only:
Total Net Benefit Are (Incl. Developer's area)
Percentage Developer's:
Percentage latecomer's:
EXHIBIT B 4 CONT.
Acreage
666.78
1122.74
1789.52
Area Basis
37.26%
62.74%
ERU's
1867
2921
4788
ERU Basis
39.QO%
61.00%
ConsiC/er small paroelsllots will not develop at
urban density or commercial in next ten years.
< 3 acres
< 4 acres
< 5 acres
Acres
495.78
507.38
582.54
Percentage
44.16%
45.19%
51.89%
ERU's
1378
1410
1621
Percentage
47.18%
48.29%
55.50%
p~
EXHIBIT B CO NT.
. Parcels ExDected to DevelooWlthln 10 Years
.16856 $0426233815 GOLDSMITH MARTY 25.42 RUT NA 71
16822 50427410000 ~ BEWS EL 14.54 RUT 2.B 41
16832 $0427430000 ~ BEWS E L 14.54 RUT 2.B 41
16866 $0426438410 FULFER KELLY 17.72 RUT 2.8 50
16867 80426449900 FULFER KELLY 19.60 RUT 2.8 55
16875 50425223000 HUARTE FAMILY TRU5T 40.00 RUT 2.8 112
16876 50425212480 HUARTE FAMILYTRU5T 34.85 RUT 2.8 98
16901 S0425325460 MERIDiAN JOINT SCHOOL DI5T NO 2 55.00 RUT 2.8 75
1690B 80425336560 LEGARRETA FULGENCIO 58.00 RUT 2.8 162
ID. PARCEL
16859 80426a36000
16848 80426120550
16868 50426438500
1686950426438800
16870 50426449740
16871 50426449850
16881 $0425110150
16883 $0425233700
168BB $0425142030
1689680425142110
16909 80425436500
26201 R1608650120
26202 R1608650150
26203 R160B650180
26314 80530120910
2631580530110450
26319 R1002730100
26320 R1002730200
26322 80530233775
26323 80530244350
2632450530131350
2632580530141910
2632880530142200
26329 80630233805
26330 80530142350
26332 80530244350
26334 S0530336200 ~
26335 80530346800 ~
26338 80530417376
26344 80530417382
26351 R5147490513
OWNER
ERU'S
ACREAc;iE ZONECODE per acre
7694 c-G 114
Projected
ERU's
88
SEWS E L
LEROY E BRANDT FAMILY LIMITED LIABILITY p,
FULFER KELLY G
FULFER KelLY
FULFER JACK G
FULFER KELLY
DENNETI MEL
STEWART ARCHIE D&
SCOTT E AILEEN AND
MASTRO PAOLO MICHAEL
CHESTER DALlCE R &
COOK DAVID D &
WOOD HENRY D JR &
PALMER OLIVER DAVID &
WHITE JOHN FRANKLIN &
STETSON PROPERTIES
BEEHLER 8TEPHANIE P
CHANCE CARLENE D
ADKINS MICHAEL S &
BOYACK GEORGE 0 &
HOSKINS PATRICK JON
ENGLE CHRISTOPHER ROY
ALLMON DALBERT J &
JC LANDCO LLC
LEE GRANT N
BOYACK GEORGE D &
ASCHENBRENNER KENNETH
RHEAD ROBERT C & MARLENE D
CERIO MICHAEL T &
PALMER TAWNEE
SMITH STEVEN C
10.01 RUT 2.8 28
9.55 RUT 2.8 27
9.00 RUT 2.8 25
9.09 RUT 2.8 25
8.44 RUT 2.6 24
10.00 RUT 2.B 28
5.00 RUT 2.8 14
8.97 RUT 2.8 25
5.00 RUT 2.8 14
18.36 RUT 2.8 51
5.00 RUT 2.8 14
5.00 RUT 2.8 14
5.00 RUT 2.8 14
22.95 RUT 2.8 64
28.29 RUT 2.8 79
10.06 RUT 2.8 28
10.06 RUT 2.8 28
19.18 RUT 2.8 54
fiO.89 RUT 2.8 170
10.00 RUT 2.8 28
9.08 RUT 2.8 25
5.00 RUT 2.8 14
18.17 RUT 2.8 51
29.70 RUT 2.8 83
60.a9 RUT 2.8 170
73.24 RUT 2.8 205
59.19 RUT 2.B 166
5.89 RUT 2.8 16
5.61 RUT 2.8 16
44.39 RUT 2.8 124
937.63 2418
Area Basis ERU BasIs
83.51% 82.81%
Totals of parcels expected to develop within the next 10 years:
% of parcels to develop within the Total Service Area within the next 10 years:
(eXcluding the Developer's Area) .
P!ijSe \ \ niliL
"EXffiBIT C"
TEN MILE ROAD SEWEll LINE EXTENSlON
FARWEST LLC
SEWER LINE LATE COMERS' AGREEMENT
FEE COMPUTATlONS
AREA DETERMlNATION:
ToW Service Are.a ~
1712.58 Gross Acres
latecomers ERU z Total Service Ma ERU - Developer's ERU
TOTAL $ERVlCEAREA.:
ERU
I 4788,00
%OF
TOTAL
100.01
DEVELOPER'S AREA:
ERU
I 1867.00
%OF
TOTAL
39.01
LATE COMER'S AREA
FEE COMPUTATION;
DEVELOPER'S CONTRIBUTION:
ERU
, 2921.00
%OF
TOTAL
. 61.01
$239,907.43
Verified from Billings
PORTION A1TRlBUTABLE TO DE VEL OPER 'S SUl!DIVISION:
39.0% X $239,9(17,43 $93,547.86
PORTION OF DEVELOPER'S CONTRIBUTION EUGmLE FOR REIMBURSEMENT.'
Tolal S.rvkedERU's (100%) - Developets Percenms. z Percenlllge E!ij:lble z 61.0%
61.0% X $ 239,907.43
$146,359057
LATE COMER FORMULA:
(Eliilb1e ReimbuTlemenVLIlc Comets Serviced ERU'. - Late Comer Fee per 6RU)
$ 146,359.57 550.11
292 1.00
REiMBURSEMENT BASIS:
Assume payback period of len yealll and an overall growth mte of 83%
wilhin the Lall: Comer area over that ten years. The AdjU$tcd Late Comer
ree per ERU -
$50.l]
83%
Plus 10% Admin ree
560.51
6O.51@ 110%=
$66.56
REIMBURSeMENT SCHEDULE:
The Laic Comer fee paid by each parcel, or portion lhereQf, who connects to lhe
subject water line w1l1 be paid per the above agreement
The rees IlSscsscd to ~a~h latecomer 5ha1l be adjusted annually on
October 151, at an annaal percentage rule of 6%
The 1.== fees slulll be;
Effective Dale Uttecomer F" pet Acre
October I, 2002 $66.56
October I, 2003 $ 70.55
Oelober I, 2004 S 74.78
October I, 200S S 79.27
October I, 2006 S 84.03
Oelober I. 2007 $ 89.01
October I. 20011 5 94.41
OcIOber I. 21109 $ 100.08
October I, 211 I 0 S 106.08
Ocoober 1, lOll S l12A5
Tahtl/:ll
Page 1
Page I (i. nf --a
July 18,2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Public Works Department
July 22, 2003
ITEM NO.
tf - I<--
REQUEST Linder Road Water Line Extension Latecomer Agreement. Farwest. LLC - Lochsa
Falls Subdivision:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SElTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See Attached Memo I Agreement
rJI/fP ro ~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
RECEIVED
JUL 1 8 2003
To: Mayor Corrie & City Council
From: Brad Watson, P.E.
CC: File, Gary Smith, PE, City Clerk
Date: 7/17/03
Re: Proposed Agenda Items for July 22 City Council Meeting
City Of Meridian
City Clerk Office
The Public Works Department respectfully requests that the following items be placed on the
July 22 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Ten Mile Road Sewer Line Extension Latecomer Aareement for Farwest, LLC
(Lochsa Falls Subdivision). The developer has assisted staff extensively in
development of this agreement. We have reviewed and approved it. This agreement
wHl provide for reimbursement of the 27-inch sewer installed in Ten Mile Road by the
developer to serve Lochsa Falls Subdivision.
Recommended Council Action: Approve the Ten Mile Road Sewer Line
Extension Latecomer Agreement for Farwest; LLC (Lochsa Falls
Subdivision) and authorize the Mayor to sign and City Clerk to attest.
::x'
2)
Linder Road Water Line Extension Latecomer Agreement for Farwest, LLC
(Lochsa Falls Subdivision). Again, the developer has assisted staff extensively in
development of this agreement, which we have reviewed and approved. This
agreement will provide for reimbursement of the 12-inch water installed in Linder
Road by the developer for service to Lochsa Falls Subdivision.
Recommended Council Action: Approve the Linder Road Water Line
Extension Latecomer Agreement for Farwest; LLC (Lochsa Falls
Subdivision) and authorize the Mayorto sign and City Clerk to attest.
Thank you for your consideration.
/~
e Page 1
LINDER ROAD WATER LINE EXTENSION
LATE COMERS AGREEMENT
This Agreement made and entered into this _ day of , 2003, by
and between FARWEST LLC, an Idaho Limited Liability Company, hereafter referred to as
"Farwest", and the CITY OF MERIDIAN, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the City limits extend North of McMillan Road, but prior to this Agreement
and the construction referred to herein, such area was not provided water service by the City;
and
WHEREAS, Farwest constructed a water line from an existing water line to an area
North of McMillan Road and in Linder Road as shown in "Exhibit A", which water lines are able
to provide service to land North and South of McMillan Road to the land shown in Exhibit "A"
which is attached hereto and by this reference incorporated as if set forth in full; that the Total
Service Area is approximately 369.36 acres which, if developed under the land use density
projections shown on Exhibit "B", which is attached hereto and by this reference incorporated
herein as if set forth in full. with land use densities shown on Exhibit "B", there would be a total
of 1,075 equivalent residential units (ERU) in the 369.36 acres; and
WHEREAS, Farwest and Paramount LLC, owners of another development within the
aforementioned Total Service Area, have already made separate arrangements for Paramount to
reimburse Farwest for a share of the cost of construction of the aforementioned water line, and to
share in the amounts collected by Farwest under this Late Comers Agreement, such that Farwest
and Paramount properties shall be collectively referred to herein as "Farwest Properties" for
convenience purposes, which properties collectively consist of 390 ERU and that on the land not
included in the Farwest Properties, there would be 686 ERU; and
WHEREAS, the water line constructed by Farwest will benefit land other than only the
Farwest Properties; that the land that can be served by the said water line is shown in Exhibit
"A"; that the developable land that can be served by the water line could contain 1,075 ERU's;
that the existing developed areas that eventually connect to the water line serviced by the City
LINDER WATER LINE LATE COMERS AGREEMENT
Page 1
will be subject to the latecomer fees described herein; that sixty-eight percent (68%) of the land
not included in the Farwest Properties would be developed in ten years, the term that a
Latecomers Agreement is allowed to run by law, and
WHEREAS, the total cost of constructing the said water line borne by Farwest was, is or
will be $266,096.45; and the water line will benefit the Farwest Properties which could contain
390 ERU's, or 36.23% of the total area to be benefited by the construction of the water line;
therefore the cost to Farwest to construct the water line to and through his own subdivision(s)
would be $96,404.25; that by subtracting this amount as the total Farwest's cost share, the total
cost to all latecomers is $169,692.20; and then dividing by 68% of the remaining number of
ERU's that could be served by the water line; and then adding 10% for City Administration Cost,
there should be a latecomers fee of $400.73, plus interest, per ERU as shown in Exhibit "e"; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into
water line extension and reimbursement agreements and that section further provides that water
users who subsequently connect to the extended water line(s) shall be charged an eight (8) inch
diameter water line equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the fact the user has not contributed to the cost of the extended
line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section
provides that the late comers fee may be used to reimburse the person or persons so extending
the water line(s).
WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to
charge a Water Construction Equivalency Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing
a water line, whether that construction has been performed by the City, a local improvement
district or a private entity, or combination thereof, and who subsequently desires to connect to
the City water system, shall be required to pay an additional connection charge which shall be
lmown and referred to as the "Water Construction Equivalency Fee".
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in
fulL
LINDER WATER LINE LATE COMERS AGREEMENT
Page 2
2. That Farwest has paid or will pay for engineering, planning and construction of
the water line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A".
3. Farwest has contributed or will contribute $266,096.45 to total construction costs
of the said water line, of which Farwest is entitled to be reimbursed the sum of $169,692.20 plus
interest, which represents land that could be served by the water line but is not included in
Farwest Properties.
4. That for all land in Exhibit "A" subsequently connecting to the water line referred
to in Exhibit "A", except the land in the Farwest Properties, the City will charge the sum of
$400.73 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to
as "LATE COMERS"; that the charge is the Water Construction Equivalency Fee authorized in
section 9-1-12 and established by this Agreement, which fee shall herein be referred to as
"LATE COMERS FEE"; the fee is in addition to any other water charges for connection to the
water system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto
and by this reference incorporated herein.
5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "LINDER WATER LINE EXTENSION
PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% to be
accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the
term of the agreement, and shall be distributed quarterly to Farwest.
6. That the latecomer fees assessed) which will go into the LINDER WATER
LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of
6% per annum as shown in Table 1 of Exhibit "D",
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the water line shown in Exhibit "A" for the land also shown in Exhibit "A", except
the land in the Farwest Properties.
8. That the City shall charge the LINDER WATER LINE EXTENSION
PROJECT REIMBURSEMENT ACCOUNT the 10% fee authorized by 9-1-13.
LINDER WATER LINE LATE COMERS AGREEMENT
Page 3
9. That the City shall have prepared on an annual basis an audit of all funds
collected pursuant to this Agreement, which audit shall coincide with the general audit of the
City; that the cost of this audit shall be paid by the City as part of its administrative costs.
10. That the water line(s) referenced in Exhibit "A" is the property of the City and
shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be until Farwest has been reimbursed the
principal sum of $169,692.20, plus interest, as determined in Paragraph 6 or, if this is not
achieved, for a period of ten (10) years or, until such time the water line described herein is
abandoned. If Farwest has not been reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreement, the Agreement may be
renewed by mutual Agreement of the City and Farwest, at such time as the City ordinance
allows for extension of a ten year time frame. If the City does not amend this ordinance, then
this agreement shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors of the parties
hereto.
DATED this
day of
,2003.
BY:
CITY OF MERIDIAN
ROBERT D. CORRIE, MAYOR
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Approved By City Council the
day of
,2003.
(corporate seal)
LINDER WATER LINE LATE COMERS AGREEMENT
Page 4
FARWEST, LLC.
By:
. s Me~er
C ,Lf
ll, its President
STATEOFIDAHO )
}ss.
County of Ada, )
On this _ day of ,2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho,
and who executed the within instrument, and acknowledged to me that the CITY OF
MERIDIAN executed the same.
IN WITNESS "WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
STATE OF IDAHO. )
: ss.
County of Ada. )
On this iLL day of !J~ ,2003, before me (here insert the
name and quality of the of er), personally appeared Bnan F. McColl, known and
identified to me to be the President of Developers Services, Inc., an Idaho corporation
and member of Farwest LLC, that executed the instrument or the person who executed
the instrument on behalf of said limited liability company, and acknowledged to me that
such limited liability company executed the same.
IN WITNESS \VHEREOF, I have hereunto set my hand and affixed my official
seal the; day and year in this certificate first above written.
,..',.,......",., ~~~ Cn"'~,~...~{\.hM ~
!lo~'~:' ":...~~4';......... NOTARY PUBLIC FOR IDAl;iO
,:; r . -.. (I -:. (SEAL) Residing at: -{'\.<:-=-rv-.~A.. ~0\ro~/-..a
/.. " ""0 \~\ \ ,
=;[ c, ~ \ -: Commission Expires: <:Q-'3J -oct
- -. >- .tn. W
: 0 ~~ , " : :j = TEN MILE SE ER LINE LATE COMERS AGREEMENT
: >ofI ~~ ,,<:.i.. ~ Page 5
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EXHIBIT B
LATECOMER'S AREA
ERU's Projected
ID PARCEL OWNER ACREAGE ZONECODE per acre ERU's
14484 80436223400 EBBINGHAU8 JOHN R JR 7.320 RUT 2.80 20
14485 80436223250 BRUCK JACK L 1.200 RUT 2.80 3
14486 80436223100 BRUCK JACK L 5.920 RUT 2.80 17
14487 80436223050 HUFFMAN DONALD R & LINDA 10.300 RUT 2.80 29
14492 80436223440 ENGLl8H BRIAN L & 4.800 RUT 2.80 13
14493 80436223550 CONVER8E ALAN K & 5.000 RUT 2.80 14
14494 80436223570 FISHER FRANK N & 3.820 RUT 2.80 11
14495 S0436223580 FISHER FRANK N & 1.000 RUT 1.00 1
1449680436233860 . YORGA80N J RAMON 11.510 RUT 2.60 32
14563 S0435110025 BEW8 E L 40.000 R-4 4.00 160
14569 80435141800 . BRINEGAR E E 11.510 RUT 2.80 32
15154 80426417200 NELSON CATHERINE L 2.790 RUT 2.80 8
15155 80426417220 LUKEHART BEN W 2.480 RUT 2.80 7
15159 80426449900 FULFER KELL Y 19.600 RUT 2.80 55
15162 80426449740 FULFER JACK G 9.090 RUT 2.80 25
15163 80426449850 FULFER KELLY 8.440 RUT 2.80 24
15164 S0426449825 FULFER KELL Y 1.150 RUT 2.80 3
15167 80425223000 . HUARTE FAMILY TRUST 15.000 RUT 2.80 42
15175 80425233700 8TEWART ARCHIE D & 5.000 RUT 2.80 14
15181 80425233800 KOOYER8 8HERIDAN C 1.890 RUT 2.80 5
15186 80425233880 KOOYER8 SHERIDAN C 1.223 RUT 2.80 3
15193 80425325425 GOLD8MITH MARTY 0.585 RUT 1.00 1
1519480425325460 . MERIDIAN JOINT 8CHOOL DI8T NO 2 37.120 RUT 2.80 104
15198 80425325500 8TRUCKMAN DONN AND 2.310 RUT 2.80 6
15199 80425336040 HANK8 RONALD G & 1.140 R1 1.00 1
15201 80425336560 . LEGARRETA FULGENCIO 19.000 RUT 2.80 53
15204 S0425336090 LEGARRETA FULGENCIO 1.000 RUT 1.00 1
230.20 686
. Denotes portion of parcel within latecomer's area
Note: Any parcel less than 1.0 acre not considered for redevelopment and assigned 1 ERU
EXHIBIT B . CONT.
DEVELOPER'S AREA
ID PARCEL OWNER ACREAGE ZONECODE
15139 . 80426120650 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNER8HIP 15.00 RUT
15145 . 80426244210 GOLD8MITH MARTY
15146 . 80426244210 GOLD8MITH MARTY 20.00 RUT
15149 . 80426141810 GOLDSMITH MARTY 20.00 RUT
15153 . 80426427810 GOLD8MITH MARTY 33.10 RUT
15176 . 80425233605 PARAMOUNT LLC 10.000 RUT
15188 . 80425233690 PARAMOUNT LLC 17.360 RUT
15182 80425233885 PARAMOUNT LLC 2.717 RUT
15190 80425233910 PARAMOUNT LLC 2.300 RUT
15200 S0425336080 PARAMOUNT LLC 18.680 RUT
139.16
ERU's Projected
per acre ERU's
2.80 42.00
2.80 56.00
2.80 56.00
.2.80 92.68
2.80 28
2.80 49
2.80 8
2.80 6
2.80 52
390
. Denotes portion of parcel within developer's area
EXHIBIT B - CONT.
SUMMARY:
Developer's Area Only:
Latecomer's Area Only:
Total Net Benefit Are (incl. Developer's area)
Percentage Developer's:
Percentage Latecomer's:
Acreage
139.16
230.20
369.36
Area Basis
37.68%
62.32%
ERU's
390
686
1,075
ERU Basis
36.23%
63.77%
EXHIBIT C
ERU DETERMINATION:
Total Service Area = 369.36 Gross Acres
Latecomer's Service Area = 230.20 Gross Acres
TOTAL SERVICE AREA:
DEVELOPERS AREA:
LATECOMER'S AREA:
Projected
ERU's
1,075
390
686
Percent of
Total ERU's
100.00%
36.23%
63.77%
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION (verified from billings):
$266,096.45
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
(Developer's % of projected total ERU's) X (Developer's Contribution)
36.23% X $266,096.45
=
$96,404.25
PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT:
(Latecomer's % of projected total ERU's) X (Developer's Contribution)
63.77% X $266,096.45 =
$169,692.20
LATECOMER FEE PER ERU:
(Eligible Reimbursement) / (Latecomer's ERU's)
$169,692.20 I 685.85 = $247.42
REIMBURSEMENT BASIS:
(Latecomer fee per ERU) (% Developed Durring Payback Period)
Payback Period (years) '" 10
Development Percentage '" 68%
$247.42 I 68% = $364.30
ADMINISTRATIVE FEE:
(Reimbursement Basis) X (110% - (10% Administrative Fee))
$364.30 X 110% = $400.73
REIMBURSEMENT SCHEDULE:
EXHIBIT D
The developer paid the costs of instaling the sewer line. The Latecomer fee paid by
each parcel, or portion thereof, who connects to the subject sewer line will be paid
per the above agreement.
The fees assessed to each latecomer shall be adjusted annually on October 1st, at
an annual percentage rate of 6%.
The latecomer fees shall be:
Effective Date
October 1, 2003
October 1, 2004
October 1, 2005
October 1, 2006
October 1, 2007
October 1, 2008
October 1, 2009
October 1, 2010
October 1,2011
October 1,2012
October 2, 2013
Latecomer Fee per ERU
$400.73
$424.77
$441.76
$459.43
$477.81
$496.92
$516.80
$537.47
$558.97
$581.33
$604.58
LINDER ROAD WATER LINE EXTENSION
LATE COMERS AGREEMENT
This Agreement made and entered into this /6-1j.day of Juiy- , 2003, by
and between FARWEST LLC, an Idaho Limited Liability Company, hereafter referred to as
"Farwest", and the CITY OF MERIDIAN, hereinafter referred to as '~City."
WITNESSETH:
WHEREAS, the City limits extend North of McMillan Road~ but prior to this Agreement
and the construction referred to herein, such area was not provided water service by the City;
and
WHEREAS, Farwest constructed a water line from an existing water line to an area
North of McMillan Road and in Linder Road as shown in "Exhibit A", which water lines are able
to provide service to land North and South of McMillan Road to the land shown in Exhibit "A"
which is attached hereto and by this reference incorporated as if set forth in full; that the Total
Service Area is approximately 369.36 acres which, if developed under the land use density
projections shown on Exhibit "B", which is attached hereto and by this reference incorporated
herein as if set forth in full. with land use densities shown on Exhibit "B", there would be a total
of 1,075 equivalent residential units (ERU) in the 369.36 acres; and
WHEREAS, Farwest and Paramount LLC, owners of another development within the
aforementioned Total Service Area, have already made separate arrangements for Paramount to
reimburse Farwest for a share ofthe cost of construction of the aforementioned water line, and to
share in the amounts collected by Farwest under this Late Comers Agreement, such that Farwest
and Paramount properties shall be collectively referred to herein as "Farwest Properties" for
convenience purposes, which properties collectively consist of 390 ERU and that on the land not
included in the Farwest Properties, there would be 686 ERU; and
WHEREAS, the water line constructed by Farwest will benefit land other than only the
Farwest Properties; that the land that can be served by the said water line is shown in Exhibit
"A"; that the developable land that can be served by the water line could contain 1,075 ERD's;
that the existing developed areas that eventually connect to the water line serviced by the City
LINDER WATER LINE LATE COMERS AGREEMENT
Page 1
page
l oLlL
will be subject to the latecomer fees described herein; that sixty-eight percent (68%) of the land
not included in the FalWest Properties would be developed in ten years, the term that a
Latecomers Agreement is allowed to run by law, and
WHEREAS, the total cost of constructing the said water line borne by Farwest was, is or
will be $266,096.45; and the water line will benefit the Farwest Properties which could contain
390 ERU's, or 36.23% of the total area to be benefited by the construction of the water line;
therefore the cost to Farwest to construct the water line to and through his own subdivision(s)
would be $96,404.25; that by subtracting this amount as the total Farwest's cost share, the total
cost to all latecomers is $169,692.20; and then dividing by 68% of the remaining munber of
ERU's that could be served by the water line; and then adding 10% for City Administration Cost,
there should be a latecomers fee of $400.73, plus interest, per ERU as shown in Exhibit "C"; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into
water line extension and reimbursement agreements and that section further provides that water
users who subsequently connect to the extended water line(s) shall be charged an eight (8) inch
diameter water line equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the fact the user has not contributed to the cost of the extended
line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section
provides that the late comers fee may be used to reimburse the person or persons so extending
the water line(s).
WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to
charge a Water Construction Equivalency Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing
a water line, whether that construction has been performed by the City, a local improvement
district or a private entity, or combination thereof, and who subsequently desires to connect to
the City water system, shall be required to pay an additional connection charge which shall be
mown and referred to as the "Water Construction Equivalency Fee".
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in
fulL
LINDER WATER LINE LATE COMERS AGREEMENT
Page 2
page.iLof t {
2. That Farwest has paid or will pay for engineering, planning and construction of
the water line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A".
3. Farwest has contributed or will contribute $266,096.45 to total construction costs
ofthe said water line, of which Farwest is entitled to be reimbursed the sum of$169,692.20 plus
interest, which represents land that could be served by the water line but is not included in
Farwest Properties.
4. That for all land in Exhibit "A" subsequently connecting to the water line referred
to in Exhibit "A", except the land in the Farwest Properties, the City will charge the sum of
$400.73 plus interest, per ERU as shown in Exhibit "e"; such users shall hereafter be referred to
as "LATE COMERS"; that the charge is the Water Construction Equivalency Fee authorized in
section 9-1-12 and established. by this Agreement, which fee shall herein be referred to as
"LATE COMERS FEE"; the fee is in addition to any other water charges for connection to the
water system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto
and by this reference incorporated herein.
5. That all the late comer fees assessed. above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "LINDER WATER LINE EXTENSION
PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% to be
accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the
term of the agreement, and shall be distributed quarterly to Farwest.
6. That the latecomer fees assessed, which will go into the LINDER WATER
LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of
6% per annum as shown in Table 1 of Exhibit "D".
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the water line shown in Exhibit "A" for the land also shown in Exhibit "A", except
the land in the Farwest Properties.
8. That the City shall charge the LINDER WATER LINE EXTENSION
PROJECT REIMBURSEMENT ACCOUNT the 10% fee authorized by 9-1-13.
LINDER WATER LINE LATE COMERS AGREEMENT
Page 3
page~otJ.l
9. That the City shall have prepared on an annual basis an audit of all funds
collected pursuant to this Agreement, which audit shall coincide with the general audit of the
City; that the cost ofthis audit shall be paid by the City as part of its administrative costs.
10. That the water line(s) referenced in Exhibit "A" is the property of the City and
shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be until Farwest has been reimbursed the
principal sum of $169,692.20, plus interest, as detennined in Paragraph 6 or, if thl.s is not
achieved, for a period of ten (10) years or, until such time the water line described herein is
abandoned. If Farwest has not been reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreement, the Agreement may be
renewed by mutual Agreement of the City and Farwest, at such time as the City ordinance
allows for extension of a ten year time frame. If the City does not amend this ordinance, then
this agreement shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors of the parties
hereto.
DATED this /6-4. day of
r:7' ~ ,2003.
ATTEST:
...
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x- .::-
"f:)'tf' ,...~'
f \"....
\\\
Iflll1ll1\\\
BY:
Approved By City Council the (~ day of
~~1
,2003.
(corporate seal)
LINDER WATER LINE LATE COMERS AGREEMENT
Page 4
paga-.1..otlb
FARWEST, LLC.
By:
'v1~
STATEOFIDAHO )
}ss.
County of Ada, )
On this Q.~rd day of iu..Uf ' 2003, before me, the undersigned, a Notary
Public in and for said State, p rsonally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho,
and who executed the within instrument, and aclrnowledged to me that the CITY OF
MERIDIAN executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
..",",811104/
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NOTARY PUBLIC FOR IDAHO
Residing at: Adct Co~ Jo[~
Commission Expires: 1{ -2& -05
(SEAL)
STATE OF IDAHO. )
: ss.
County of Ada. )
On this.ILL day of &~~ ,2003, before me (here insert the
name and quality of the of er), personally appeared Bnan F. McColl, lrnown and
identified to me to be the President of Developers Services, Inc., an Idaho corporation
and member of Farwest LLC, that executed the instrument or the person who executed
the instrument on behalf of said limited liability company, and acknowledged to me that
such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~~~~ Ch^:~~~A0Yl ~
NOTARY PUBLIC FOR IDAI;Iq
(SEAL) Residing at: ~(,;...~)(l", Ac).,0\~
Commission Expires: (p- ~ --all
TEN MILE SEWER LINE LATE COMERS AGREEMENT
Page 5
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Page Lv of {(
EXHIBIT B
LATECOMER'S AREA
ERU's Projected
ID PARCEL OWNER ACREAGE ZONECODE per acre ERU's
14484 S0436223400 EBBINGHAUS JOHN R JR 7.320 RUT 2.80 20
14485 80436223250 BRUCK JACK L 1.200 RUT 2.80 3
14486 80436223100 SRUCK JACK L 5.920 RUT 2.80 17
14487 80436223050 HUFFMAN DONALD R & LINDA 10.300 RUT 2.80 29
14492 80436223440 ENGLISH BRIAN L & 4.800 RUT 2.60 13
14493 S0436223550 CONVERSE ALAN K & 5.000 RUT 2.60 14
14494 S0436223570 FISHER FRANK N & 3.620 RUT 2.80 11
14495 S0436223580 FISHER FRANK N & 1.000 RUT 1.00 1
14496 S0436233860 . YORGASON J RAMON 11.510 RUT 2.60 32
1458380435110025 SEW8 E L 40.000 R-4 4.00 160
14589 S0435141800 . BRINEGAR E E 11.510 RUT 2.80 32
15154 50426417200 NELSON CATHERINE L 2.790 RUT 2.80 8
15155 80426417220 LUKEHART BEN W 2.480 RUT 2.80 7
15159 S0426449900 FULFER KELLY 19.600 RUT 2.80 55
15162 80426449740 FULFER JACK G 9.090 RUT 2.80 25
15163 S0426449850 FULFER KELLY 8.440 RUT 2.80 24
15164 S0426449625 FULFER KELLY 1.150 RUT 2.80 3
1516780425223000 . HUARTE FAMILYTRU8T 15.000 RUT 2.80 42
15175 S0425233700 STEWART ARCHIE 0 & 5.000 RUT 2.80 14
15181 S0425233800 KOOYERS SHERIDAN C 1.890 RUT 2.80 5
15186 80425233880 KOOYERS 8HERIDAN C 1.223 RUT 2.80 3
15193 50425325425 GOLDSMITH MARTY 0.585 RUT 1.00 1
15194 S0425325460 . MERIDIAN JOINT SCHOOL DIST NO 2 37.120 RUT 2.80 104
1519B 80425325500 STRUCKMAN DONN AND 2.310 RUT 2.80 6
15199 S0425336040 HANK8 RONALD G & 1.140 R1 1.00 1
15201 80425336560 . LEGARRETA FULGENCIO 19.000 RUT 2.60 53
15204 80425336090 LEGARRET A FULGENCIO 1.000 RUT 1.00 1
230.20 686
. Denotes portion of parcel within latecomer's area
Note: Any parcel less than 1.0 acre not considered for redevelopment and assigned 1 ERU
Page r1 otlL
lD
15139
15145
15146
15149
15153
15176
15188
15182
15190
15200
EXHIBIT B " CONT.
DEVELOPER'S AREA
PARCEL OWNER ACREAGE ZONECODE
. 80426120650 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP 15.00 RUT
. 50426244210 GOLDSMITH MARTY 20.00 RUT
. 50426244210 GOLD5MITH MARTY
. 50426141810 GOLDSMITH MARTY
. 50426427810 GOLD5MITH MARTY
. 50425233605 PARAMOUNT LLC
. S0425233690 PARAMOUNT LLC
S0425233885 PARAMOUNT LLC
50425233910 PARAMOUNT LLC
50425336080 PARAMOUNT LLC
ERU's
per acre
2.80
2.80
2.80
2.80
2.80
2.80
2.80
2.80
2.80
20.00
33.10
10.000
17.360
2.717
2.300
18.680
139.16
RUT
RUT
RUT
RUT
RUT
RUT
RUT
Projected
ERU's
42.00
56.00
56.00
92.68
28
49
8
6
52
390
. Denotes portion of parcel within developer's area
Page '6 of if
EXHIBIT B - CONT.
SUMMARY:
Developer's Area Only:
Latecomer's Area Only:
Total Net Benefit Are (inc!. Developer's area)
Percentage Developer's:
Percentage Latecomer's:
Acreage
139.16
230.20
369.36
Area Basis
37.68%
62.32%
ERU's
390
686
1,075
ERU Basis
36.23%
63.77%
Page q oLlL
EXHIBIT C
ERU DETERMINATION:
Total Service Area = 369.36 Gross Acres
Latecomer's Service Area = 230.20 Gross Acres
TOTAL SERVICE AREA:
DEVELOPERS AREA:
LATECOMER'S AREA:
Projected
ERU's
1,075
390
686
Percent of
Total ERU's
100.00%
36.23%
63.77%
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION (verified from billings):
. $266,096.45
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
(Developer's % of projected total ERU's) X (Developer's Contribution)
36.23% X $266,096.45
=
$96,404.25
PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT:
(Latecomer's % of projected total ERU's) X (Developer's Contribution)
63.77% X $266,096.45 =
$169,692.20
LATECOMER FEE PER ERU;
(Eligible Reimbursement) I (Latecomer's ERU's)
$169,692.20 J 685.85 = $247.42
REIMBURSEMENT BASIS:
(Latecomer fee per ERU) (% Developed Durring Payback Period)
Payback Period (years) 10
Development Percentage = 68%
$247.42 I 68% = $364.30
ADMINISTRATIVE FEE:
(Reimbursement Basis) X (110% - (1 0% Administrative Fee))
$364.30 X 110% = $400.73
Page IOof U
EXHIBIT D
REIMBURSEMENT SCHEDULE:
The developer paid the costs of instaling the sewer line. The Latecomer fee paid by
each parcel, or portion thereof, who connects to the subject sewer line will be paid
per the above agreement.
The fees assessed to each latecomer shall be adjusted annually on October 1st, at
an annual percentage rate of 6%.
The latecomer fees shall be:
Effective Date
October 1, 2003
October 1, 2004
October 1, 2005
October 1, 2006
October 1, 2007
October 1, 2008
October 1, 2009
October 1, 2010
October 1, 2011
October 1,2012
October 2, 2013
Latecomer Fee per ERU
$400.73
$424.77
$441.76
$459.43
$477.81
$496.92
$516.80
$537.47
$558.97
$581 .33
$604.58
PagA l \ of II
AOA COUNTY RECORDEil J
. BOISE IDAHO 07/28103 03:2BD:~D NAVARRO 11
DEPUTY Michelle Turner l
RECORDED - ReQUEST OF
. :k~~~~ CIlVaa III /111111111""1111111'"1111111 III
'~ 103124772
---------
LINDER ROAD WATERLINE E~---"
LATE COMERS AGREEMENT
This Agreement made and entered into this /6./!.dayof Juty- ,2003. by
and between FARWEST LLC, an Idaho Limited Liability Company, hereafter referred to as
"Farwest". and the CITY OF MERIDIAN, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the City limits extend North of McMillan Road, but prior to this Agreement
and the construction referred to herein, such area was not provided water service by the City;
and
WHEREAS, Farwest constructed a water line from an existing water line to an area
North of McMillan Road and in Linder Road as shown in "Exhibit A", which water lines are able
to provide service to land North and South of McMillan Road to the land shown in Exhibit "A"
which is attached hereto and by this reference incorporated as if set forth in full; that the Total
Service Area is approximately 369.36 acres which. if developed under the land use density
projections shown on Exhibit "B", which is attached hereto and by this reference incorporated
herein as if set forth in full, with land use densities shown on Exhibit "B", there would be a total
of 1.075 equivalent residential units (ERU) in the 369.36 acres; and
WHEREAS, Farwest and Paramount LLC, owners of another development within the
aforementioned Total Service Area. have already made separate arrangements for Paramount to
reimburse Farwest for a share of the cost of construction of the aforementioned water line, and to
share in the amounts collected by Farwest under this Late Comers Agreement. such that Farwest
and Paramount properties shall be collectively referred to herein as "Farwest Properties" for
convenience purposes, which properties collectively consist of 390 ERU and that on the land not
included in the Farwest Properties, there would be 686 ERU; and
WHEREAS, the water line constructed by Farwest will benefit land other than only the
Farwest Properties; that the land that cail be served by the said water line is shown in Exhibit
"A"; that the developable land that can be served by the water line could contain 1,075 ERU's;
that the existing developed areas that eventually connect to the water line serviced by the City
LINDER WATERLINE LATE COMERS AGREEMENT
Page 1
page.-l-ouL
will be subject to the latecomer fees described herein; that sixty-eight percent (68%) of the land
not included in the Farwest Properties would be developed in ten years, the term that a
Latecomers Agreement is allowed to run by law, and
WHEREAS, the total cost of constructing the said water line borne by Farwest was, is or
will be $266,096.45; and the water line will benefit the Farwest Properties which could contain
390 ERU's, or 36.23% of the total area to be benefited by the construction of the water line;
therefore the cost to Farwest to construct the water line to and through his own subdivision(s)
would be $96,404.25; that by subtracting this amount as the total Farwest's cost share, the total
cost to all latecomers is $169,692.20; and then dividing by 68% of the remaining number of
ERD's that could be served by the water line; and then adding 10% for City Administration Cost,
there should be a latecomers fee of$400.73, plus interest, per ERU as shown in Exhibit "C"; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into
water line extension and reimbursement agreements and that section further provides that water
users who subsequently connect to the extended water line(s) shall be charged an eight (8) inch
diameter water line equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the fact the user has not contributed to the cost of the extended
line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section
provides that the late comers fee may be used to reimburse the person or persons so extending
the water line(s).
WHEREAS. pursuant to Section 9-1-12 of the Water Ordinance, the City is required to
charge a Water Construction Equivalency Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing
a water line, whether that construction has been performed by the City, a local improvement
district or a private entity, or combination thereof, and who subsequently desires to connect to
the City water system, shall be required to pay an additional connection charge which shall be
known and referred to as the "Water Construction Equivalency Fee".
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in
full.
LINDER WATER LINE LATE COMERS AGREEMENT
Page 2
page c9 Of II
2. That Farwest has paid or will pay for engineering, planning and construction of
the water line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A".
3. Farwest has contributed or will contribute $266,096.45 to total construction costs
of the said water line, of which Farwest is entitled to be reimblU'Sed the sum of$169,692.20 plus
interest, which represents land that could be served by the water line but is not included in
Farwest Properties.
4. That for aU land in Exhibit "A" subsequently connecting to the water line referred
to in Exhibit "A", except the land in the Farwest Properties, the City will charge the sum of
$400.73 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to
as "LATE COMERS"; that the charge is the Water Construction Equivalency Fee authorized in
section, 9-1~12 and established by tms Agreement, which fee shall herein be referred to as
"LATE COMERS FEE"; the fee is in addition to any other water charges for connection to the
water system; tl:).e computation of the Late Comers Fee is shown on Exhibit "c" attached hereto
and by this reference incorporated herein.
5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "LINDER WATER LINE EXTENSION
PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% to be
accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the
term of the agreement, and shall be distributed quarterly to Farwest
6. That the latecomer fees assessed, which will go into the LINDER WATER
LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of
6% per annum as shown in Table 1 of Exhibit "D".
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the water line shown in Exhibit "A" for the land also shown in Exhibit "A", except
the land in the Farwest Properties.
8. That the City shall charge the LINDER WATER LINE EXTENSION
PROJECT REIMBURSEMENT ACCOUNT the 10% fee authorized by 9-1-13.
LINDER WATER LINE LATE COMERS AGREEMENT
Page 3
p,ag~oill
9. That the City shall bave prepared on an annual basis an audit of all funds
collected pursuant to this Agreement, which audit shall coincide with the general audit of the
City; that the cost ofthis audit shall be paid by the City as part ofits administrative costs.
10. That the water line(s) referenced in Exhibit "A" is the property of the City and
shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be until Farwest has been reimbursed the
principal sum of $169,692.20, plus interest, as detennined in Paragraph 6 or, if this is not
achieved, for a period of ten (10) years or, until such time the water line described herein is
abandoned. If Farwest has not been reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreement, the Agreement may be
renewed by mutual Agreement of the City and Farwest, at such time as the City ordinance
allows for extension of a ten year time frame. If the City does not amend this ordinance, then
this agreement shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors of the parties
hereto.
DATED this ! 64 day of ~ ~ ,2003.
ATTEST:
-.
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1111 \1\\\\\\
BY:
Approved By City Council the ~ day of
~k1
,2003.
(corporate seal)
LINDER WATER LJNE LATE COMERS AGREEMENT
Page 4
p~
FARWEST, LLC.
By:
/;t!~
11, its President
STATE OF IDAHO )
}ss.
County of Ada, )
On this Z~~day of ktw ,2003, before me, the undersigned. a Notary
Public in and for said Stat~y appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR.. known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho,
and who executed the within instrument, and acknowledged to me that the CITY OF
MERIDIAN executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
........
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.........
(SEAL)
gntu]fY7~'~
NOTARY PUBLIC FOR IDAHO
Residing at: A~ Cotuvttzy Jolt;..k?
Commission Expires: 'I -2 i-0'5
STATE OF IDAHO. )
: 55.
County of Ada. )
On this ~ day of n&~ ,2003, before me (here insert the
name and quality of the 0 er), personally appeared Brian F. McColl, known and
identified to me to be the President of Developers Services, Inc., an Idaho corporation
and member of Farwest LLC, that executed the instrument or the person who executed
the instrument on behalf of said limited liability company. and acknowledged to me that
such limited liability company executed the &aIIle.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
C~~ ~~l\{')Yl~
NOTARY PUBLIC FOR Il1A.IJQ
(SEAL) Residing at: -t\.~"' A~
Commission Expires: ~- ~.-o~
TEN MILE SEWER LINE LATE COMERS AGREENffiNT
Page 5
page 5 otJ.L
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EXHIBIT B
LATECOMER'S AREA
ro PARCEL OWNER
14484 S0436223400 EBBINGHAUS JOHN R JR
14485 50436223250 BRUCK JACK L
14486 50436223100 BRUCK JACK L
14487 50436223050 HUFFMAN DONALD R &. LINDA
14492 S0436223440 ENGLISH BRIAN L &.
14493 S0436223550 CONVERSE ALAN K &
14494 50436223570 FISHER FRANK N &
14495 50436223580 FISHER FRANK N &
14496 50436233860 . YORGASON J RAMON
1458350435110025 BEW5 E L
14589 50435141800 . BRINEGAR E E
15154 S0426417200 NELSON CATHERINE L
15155 50426417220 LUKEHART BEN W
15159 50426449900 FULFER KELLY
1516250426449740 FULFER JACK G
15163 50420449850 FULFER KELLY
1516450426449825 FULFER KELLY
1516750425223000' HUARTEFAMILYTRU5T
15175 50425233700 STEWART ARCHIE D &
15181 50425233800 KOOYER5 SHERIDAN C
15180 50425233880 KOOYER5 SHERIDAN C
15193 50425325425 GOLDSMITH MARTY
15194 S0425325460 * MERIDIAN JOINT SCHOOL 015T NO 2
15198 50425325500 STRUCKMAN DONN AND
15199 50425336040 HANKS RONALD G &
15201 50425330500 * LEGARRETA FULGENCIO
15204 50425336090 LEGARRETA FULGENCro
. Denotes paraon of parcet within latacomer's srea
Note; Any parcel lE1S8 than 1.0 acre not considered for redevelopment and assigned 1 ERU
ACREAGE ZONECOOE
7.320 RUT
1.200 RUT
5.920 RUT
10.300 . RUT
4.800 RUT
5.000 RUT
3.820 RUT
1.000 RUT
11.510 RUT
40.000 R-4
11.510 RUT
2.790 RUT
2.480 RUT
19.600 RUT
9.090 RUT
8.440 RUT
1.150 RUT
15.000 RUT
5.000 RUT
1,800 RUT
1.223 RUT
0.5B5 RUT
37.120 RUT
2.310 RUT
1.140 Rl
19,000 RUT
1,000 RUT
230.20
ERU's
per acre
2.60
2.80
2.80
2.80
2.60
2,BO
2.80
1.00
2.BO
4.00
2.80
2.80
2.80
2.60
2.80
2.80
2.80
2.80
2.80
2.80
2.80
1.00
2.80
2.80
1.00
2.80
1.00
ProJeChld
ERU's
20
3
17
29
13
14
11
1
32
160
32
8
7
55
25
24
3
42
14
5
3
1
104
6
1
53
1
686
Page fl oUl
10
15139
15145
15146
15149
15153
15176
15188
15182
15190
15200
EXHIBIT B - CONT.
DEVELOPER'S AREA
PARCEL OWNER ACReAGE ZONECOOE
. 50426120650 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP 15.00 RUT
. $0426244210 GOLDSMITH MARTY
. 80426244210 GOLDSMITH MARTY 20.00 RUT
. 50426141610 GOLDSMITH MARTY 20.00 RUT
. 80426427810 GOLDSMITH MARTY 33.10 RUT
. $0425233605 PARAMOUNT LLC 10.000 RUT
· $0425233690 PARAMOUNT LLC 17.360 RUT
80425233885 PARAMOUNTlLC 2.717 RUT
80425233910 PARAMOUNT lLC 2.300 RUT
80425336080 PARAMOUNT LLC 18.680 RUT
139.16
ERU's
per acre
2.80
2.80
2.80
2.80
2.80
2.80
2.80
2.80
2.80
Projected
ERU's
42.00
56.00
56.00
92.66
28
49
8
6
52
390
. Denotes portion of parcai \liiltlln developer's area
Page <? pill..
EXHIBIT B - CONT.
SUMMARY:
Developer's Area Only:
Latecomer's Area Only:
Total Net Benefit Are (ine!. Developer's area)
Percentage Developer's:
Percentage Latecomer's:
Acreage
139.16
230.20
369.36
Area Basis
37.68%
62.32%
ERU's
390
686
1,075
ERU Basis
36.23%
63.77%
Pag~
EXHIBIT C
ERU DETERMINATION:
Total Service Area = 369.36 Gross Acres
latecomer's Service Area = 230.20 Gross Acres
TOTAL SERVICE AREA:
DEVELOPERS AREA:
LATECOMER'S AREA:
Projected
ERU's
1,075
390
686
Percent of
Total ERU's
100.00%
36.23%
63.77%
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION (verified from billings):
$266.096.45
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
(Developer's % of projected tolal ERU's) X (Developer's Contribution)
36.23% X $266,096.45
=
$96,404.25
PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT:
(Latecomer's % of projected Iotal ERU's) X (Developer's Contribution)
63.77% X $266,096.45 = $169,692.20
LATi:COMER FEE PER ERU:
(eligible R.elmbursement) I (Latecomer's ERU's)
$169,692.20 I 685.85 = $247.42
REIMBURSEMENT BASIS:
(Latecomer fee per ERU) (% Developed Durrlng Payback Period)
Payback Period (years) = 10
Development Percentage = 68%
$247.42 68% = $364.30
ADMINISTRATIVE FEE:
(Reimbursement Basis) X {110% - (10% Administrative Fee))
$364.30 X 110% = $400.73
Page l6 pill..
REIMBURSEMENT SCHEDULE:
EXHIBIT 0
I
The developer paid the costs of instating the sewer line. The Latecomer fee paid by
each parcel, or portion thereof, who connects to the subject sewer line will be pard
per the above agreement.
The fees assessed to eaeh latecomer shall be adjusted annually on October 1 st. at
an annual percentage rate of 6%.
The latecomer fees shall be:
Effective Date
October 1, 2003
October 1, 2004
October 1, 2005
October 1, 2006
October 1, 2007
October 1, 2008
Detoher i. 2009
October 1, 2010
October 1, 2011
October i. 2012
October 2, 2013
Latecomer Fee per ERU
$400.73
$424.77
$441.76
$459.43
$477.81
$496.92
$516.80
$537.47
$558.97
$581.33
$604.58
pawJ \ of 1 t
July 18,2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Finance Department
REQUEST Finance Report:
July 22, 2003
ITEM NO.
LJ-L
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:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETILERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
a;rrvL
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
FINANCE REPORT
June 2003
Table of Contents
REPORT NAME
Long Term I nvestment Status
Investments and Cash
WWTP - Budget to Actual Comparison
WATER - Budget to Actual Comparison
Utility Sales Revenue Comparison
General Fund Expenditures - Budget to Actual Comparison
General Fund Revenue - Budget to Actual Comparison
Special Service Fund - Budget to Actual Comparison
Overtime Report for FY2003
Police Dept Monthly Overtime
Fire Dept Monthly Overtime
Vacant Position Report
Capital Purchases Report - General Fund
Capital Purchases Report - Enterprise Fund
Amendment
General Fund Summary
Special Service Fund Summary
Enterprise Fund Summary
Revenue & Expenditure Reports from MIP accounting software
1 of 53
PAGE#
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
CITY OF MERIDIAN
LONG TERM INVESTMENT S1 A TUS
AS OF 6/30/2003
$632,558
$911,302
$989.809
INTEREST BEARING ACCOUNTS
PORTFOLIO DISTRIBUTION
rB Government Bonds
$21,893,876
o Certificates of Deposit
III Advisor Money Market
o Checking
III Money Market
!!!l Wells Fargo Bond Reserve
III Idaho State Pool
CASH & INVESTMENT TYPE - NET YIELD
0.04
0.035
0.03
0.025
0.02
0.015
0.01
0.005
o
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$557,112
Investment Account Balance
by Fund
o General Fund
$3,393,832
[!I Cap Improve Fund
(I Enterprise Fund
D Fire Truck Fund
[I Latecomer Fund
[I Special Service Fund
II Park Impact Fees
2 of 53
CITY OF MERIDIAN
INVESTMENTS AND CASH
6/30/2003
lNTEREST RATE HISTORY
5.00%
9 ::~~~,~
~ 2.00% =-
1.00%
0.00%
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MONTH
Investment Income - Budget to Actual Comparison
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
General
Special Services
Enterprise
COMPARISON -INVESTMENT & CASH BALANCES
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
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3 of 53
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UTILITY SALES REVENUE COMPN~ISON
for Period Ending 6/30/2003
Water Dollar Percentage WWTP Dollar Percentage
Month FY2002 FY2003 Change Chang e Month FY2002 FY2003 Change Change
October $357,563 $276,042 -$81,521 -22.80% October $221,063 $324,870 $103,807 46.96%
November $203,611 $214,536 $10,925 5.37% November $240,097 $339,620 $99,523 41.45%
December $149,145 $141,050 -$8,094 -5.43% December $254.195 $283,145 $28,950 11.39%
January $151,301 $155,770 $4,469 2.95% January $255,736 $329.145 $73,409 28.71%
Feburary $158,240 $147,265 -$10,975 -6.94 % Feburary $261,926 $311,595 $49.669 18.96%
March $146,909 $142,265 -$4,644 -3.16% March $235,264 $296,694 $61.429 26.11%
April $174,751 $158,136 -$16,615 -9.51% April $252,716 $320,870 $68,154 26.97%
May $241 ,894 $200,121 -$41,773 -17.27% May $257,080 $336,811 579,732 31.01%
June $408,431 $324,371 -$84,061 -20,58% June 5277 ,368 $359,079 $81,711 29.46%
July $363,936 July $356.038 -$356,038 -100.00%
August $406,124 August $334.856
September $359.824 September $346,096
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CITY OF MERIDIAN
VACANT POSITION REPORT
AS OF June 30,2003
Date
Department Job Position Filled New Vacant
,. "~"~c.
Crime Prevention Specialist 1 011 120 01
Berle Stokes Patrol Officer (Christensen) 6/23/2003 412812003
Greg Kortan Patrol Officer (Advance) 6/16/2003 10/112002
Patrol Officer (Advance) 1011/2002
Interviews 6/9 & 11/03 Records Clerk (Flores) 4/1/2003
Operator II 10/1/2002
Water Work Person (Arte) 311212003
115.20 Seasonal Part-Time Seasonal 1 10/1/2002 Varies
Jennifer Blunk Recreation Facility Supervr 06/17/03 512012003
I I
I
Interviews 6/3-5/03
9 Intro Firefighters
Staff Engineer
Engineer Tech I (Jeff McFrederick)
Ip&z;' ... .. ..... ...... . ...,' < Iplanner II (0 MCKinnon)
616/20031
13 of 53
Ca rryforward BUDGET PURCHASES Bud to Act
Dept Acct Description FY2002 Amount FY2003 YTD Variance Notes
Mayor 94300 computer. desktop 1,500.00 1,562.62 (62.62) replace #48
Finance 94200 desk & chair 1,200,00 1,200.00 0.00 IT coordinator
Finance 94300 computer. desktop 1,500.00 1,200.66 299.34 replace #463
Finance 94300 computer. desktop 1 ,500.00 1,200,66 299.34 replace #464
Finance 94300 computer - desktop 1,500.00 1 ,200.66 299.34 replace #461
Finance 94300 computer. desktop 1,500.00 1 ,200,66 299.34 replace #462
Finance 94300 computer. laptop 2,000.00 1,833,19 166.81 IT coordinator
Finance 94300 Superstack 3 Switch 1,105.95 (1,105.95) network hardware not In budget.pd wisavings
HR 94200 desk & chair 1,700.00 1,547.48 152.52 HR Analyst
HR 94300 computer. desktop 1,500.00 1,321.31 178.69 replace #308
HR 94300 computer - desktop 1,500,00 1,4 70.32 29.68 HR Analyst
Police 94100 Vehicle. investigations 20,000.00 15,795.77 4,204.23 replace #3
Police 94100 Vehicle - investigations 20,000.00 16,706.54 3,293.47 replace #11
Police 94100 Vehicle. investigations 20,000.00 22,255.80 (2,25580) #37 Enhancemenl#7 promote officer to investigato
Police 94100 Vehicle. patrol 20,000.00 22,052.30 (2,052.30) replace #26
Police 94100 Vehicle. patrol 40,000,00 43,657,21 (3,657.21) replace #29
Police 94100 Vehicle. patrol 28,500.00 30,829.62 (2,329.62) replace #24
Police 94100 Vehicle. patrol 27,000.00 33,110.15 (6,110.15) replace #31
Police 94100 Vehicle - patrol 40,000.00 36,388.45 3,611.55 #36 Enhancement#3 new patrol officers
Police 94100 replace 2 Astra Spectra Radios 5,531,36 (5,531.36) capital items PO budgeted in operating
Police 94200 desk / work station 1,500.00 1,500.00 Enhancement#4 Crime Analyst
Police 94200 desk / work station 1,000.00 1,000.00 Enhancemenl#5 records clerk
Police 94300 computer - desktop 2,000.00 1,921.00 79.00 replace #4155
Police 94300 computer - desktop 2,000.00 1,080.00 920.00 replace #4157
Police 94300 computer. desktop 1,500.00 1,080.00 420.00 replace #438
Police 94300 computer - desktop 1,500.00 1,080.00 420.00 replace #4067
Police 94300 Laptop computer 1,857,00 (1,857.00) extra Laptop not in budget pd wisavings
Police 94300 Computer & Software 6.000.00 6,000.00 Enhancement#4 Crime Analyst
Police 94300 Computer & Software 2,000.00 1,080.00 920.00 Enhancement#5 records clerk
Police 94400 Glock Handguns 18,000.00 15,168.00 2,832.00 replace Smith & Wesson handguns
Police 94400 LlOAR speed detect device 4,500.00 2.916.00 1,584.00 Enhancement#3 new patrol officers
Police 94400 Video 2001 system 4,495.00 (4,495.00) purchase for OUI grant
Police 96011 carryforward 17,902.20 7,208.80 10,693.40 Tvcabling,handrails
Fire 92300 Latecomer fees 2,700.00 2,700.00 Enhancement#1 new fire station
Fire 93302 Opticom 16,000,00 16,400.76 (40076) Enhancemenl#6 opticom
Fire 94200 turnout racks, furnishings,tools&propane 28,000.00 28,000,00 Enhancemenl#1 new fire station
Fire 94300 computer. desktop 2,000.00 1,193.17 806.83 Enhancement#1 new fire station
Fire 94300 computer. desktop 1,500,00 1,193.17 306,83 replace #2501
Fire 94300 computer. desktop 1,500.00 1,500.00 replace #2015
Fire 94400 defiberaltor 4,000,00 4,000.00 Enhancement#1 new fire station
Fire 94400 SCBA test bench 6,500.00 6,500,00 Enhancemenl#5 equipment
Fire 94600 base station 3,800,00 3,800.00 Enhancement#1 new fire station
Fire 94600 phone system 5,000.00 5,000,00 Enhancement#1 new fire station
Fire 96999 Firetruck #301 pumper 151,134.75 151,139.27 (4.52) Fire Truck
Fire equipment for New Pumper 20,408.00 20,407.91 0,09 will need to amend
Parks 91000 Land purchase 94,060.00 181,000.00 270,257.32 4,802.68 Enhancemenl#2 Borup property
Parks 93405 Phase II improvements 18,517,07 155,000,00 4,755.00 168,762.07 Enhancement#8 Storey Park
Parks 93409 playground equipment 38,000.00 29,525,03 8,474,97 Enhancement#4 Chateau
Parks 93411 Skate Park construction 11,847,30 32,689.59 (20,842.29) carryforward money was only $11,847.30
Parks 94401 lawn mower 8,095.00 8,095,00 0.00 replace #2097 Toro Groundmasler
Parks 96156 Adventure Island Playground 50,000,00 50,000.00 100,000.00 Enhancement#9
Parks 96902 basketball courts 11,000,00 11,000.00 Enhancement#7 Bear Creek
Parks 96902 restroom construction 135,000.00 27,058,87 107,941.13 Enhancement#7 Bear Creek
Parks 96903 Settlers improvements 611,114,72: 131,000.00 277,441.78 464,672:.94 Enhancement#3 landscape,sidewalk
P&Z 94100 Vehicle 14,000.00 14.000.00 replace 1991 Chevy Caprice
P&Z 94100 Vehicle 15,000.00 15,000.00 0.00 Enhancement#1 Code Enforce Coordinator
P&Z 94300 Computer & Software 3,000.00 3,749.02 (74902) Enhancement#2 new Planner II
contribution 10 Capital I mprovement Fund 363,723.00 585.467.00 SpecialSvc Funds (FY2002 equity)
excess carryforward I 561,652.96
General Fund TOTAL Capital for FY2003 1,516,229.00 1,467,126.00 1,137,962.39 1,505,483,65 I
CITY of MERIDIAN
FY2003 Budget to Actual Capital Outlay
GENERAL FUND
YTD 06/30/2003
14 of 53
Carryforward BUDGET PURCHASES Bud to Act
Dept Acct Description from FY2002 for FY2003 FY2003 YTD Variance Noles
MUSS 92000 new front counter 10,000.00 3,293.68 6,706.32 Enhancement#2 front counter
MUSS 94300 computer - desktop 1,500,00 1,500.00 replace #523
MUSS 94300 computer - desktop 1,500,00 1,500.00 Enhancement#2 front counter
PW 94100 Vehicle - 4wd 21,230,00 17,057.89 4,172.11 Enhancement#5 additional vehicle
PW 94200 bookshelves 1,000,00 1,000.00 Enhancement#8 bookshelves
PW 94200 desk / work station 1,500.00 1,500.00 Enhancement#6 new Staff Engineer
PW 94300 com outer . desktop 4,000,00 3,682,00 318.00 replace #1042
PW 94300 computer. desktop 2,200.00 2,209,00 (900) replace #1060
PW 94300 computer. desktop 2.200.00 2,200.00 replace #1083
PW 94300 computer .laotop 3,400.00 3,499,56 (9956) Enhancement#3 technoloay
PW 94300 computer & software 2,200.00 2,20000 Enhancement#6 new Staff Engineer
PW 94300 printer - workgroup laser 1,200.00 1,200.00 Enhancement#3 technology
Water 93301 upgrade telemetry system 7,785.00 10,000.00 17,785.00 Enhancement #10
Water 94100 Vehicle. pickup 18,000.00 13,834.87 4,165.13 replace 1991 Ford Pickup
Water 94100 Vehicle. pickup 18,000.00 13,834.87 4.165.13 Enhancement#l new well tech
Water 94300 computer - desktop 2.200.00 1.562.62 637.38 replace #3583
Water 94300 computer - desktop 2,200,00 1.562.62 637.38 replace #3073
Water 94300 computer - desktop 2,200.00 1,562.62 637,38 Enhancement#l new well tech
Water 94400 Well #11 Fault Assy Unit 7,000.00 6,620.00 380.00 budgeted in operating. amend 10 capital
Water 94400 Well #15 Fault Assy Unit 13,00000 12,660.00 340.00 budgeled in operating. amend 10 capital
Water 96111 WaterTower Upgrade 89,872.94 42,602.19 47,270.75 carryforward
Water 96131 Well #10 landscape 23,237.50 19,310.00 3,927.50 carryforward
Waler 96133 Well #22 441.00 (441.00) no carryforward overbudget from 02
Water 96140 Waterline Extensions 600,000,00 417,811.97 182,188.03 Enhancement #7
Water 96147 Waterline Extensions 276,348.61 18,212,15 258,136.46 carryforward
Water 96148 Well #23 45,537.18 997,89 44,539.29 carryforward
Water 98149 Well #24 103,018.99 80,000.00 151,160,73 31,858.26 Enhancement #2
Water 96150 Well #25 199,959.00 300,000.00 55,635,90 444,32310 Enhancement #4
Water 96157 Well #26 350,000.00 350,000.00 Enhancement #3
Water 96158 Well #27 200,000.00 200,000.00 Enhancement #9
Water 96999 carryforward 678,739.78 Water excess carryforward
WWTP 3590 96999 carryforward 1,115,595.00 WWTP excess carryforward
WWTP 3590 93505 Sewerline extensions 1,010,861.34 (339,962.00) 563,106,32 107,793.02 carryforward
WWTP 94100 Kawasaki Mule for WWTP 6,000.00 5,683,35 316.65 Enhancement #1
WWTP 94200 desk,chair new Siosolids office 2,000.00 2,000.00 Enhancement #1
WWTP 94200 desk,chair new WWTP office 2,000.00 2,372.37 (37237) Enhancement #1
WWTP 94300 computer - desktop 2,200.00 1,394.00 806,00 Enhancement #1
WWTP 94300 computer - desktop 2,200.00 1,360.85 839,15 Enhancement #1
WWTP 94300 Computer Server 8,500.00 5,914.73 585.27 Not Budgeted to come from 94800 budg
WWTP 94400 E-coli waterbath equip 2,000.00 2,000.00 Enhancement #1
WWTP 94400 Effluent Samoler 5,500.00 5,500.00 replace #3671
WWTP 94400 Gantry Crane portable 3,00000 3,185.07 (185.07) Enhancement #1
WWTP 94400 Infrared Moisture Analyzers for Lab 3,200.00 2,060.00 1,140.00 Enhancement #1
WWTP 94400 ISCO portable sampler 5,000.00 4,542.00 458.00 replace #10373
WWTP 94400 ISCO portable sampler 5.000.00 5,000.00 Enhancement #1
WWTP 94400 Line Locator for collections 2,000.00 2,774.93 (77493) Enhancement #1
WWTP 94400 Microfilm Reader 2,000.00 2.000,00 Enhancement #1
WWTP 94400 Sampling/Testing equip for Pretreatment 19,500,00 15,867,84 3,632.16 Enhancement #1
WWTP 94400 Diesel Tank 11,957.60 14,910,00 (2.95240) carryforward
WWTP 94800 phone system 8,500.00 3,346,45 5,153.55 Enhancement #6
WWTP 3590 96109 UV/5mile Outfall 260,031,71 (100.000.00) 18,311,60 141,720,11
WWTP 96141 WWTP Generator #3 25,443,53 25,443,53
WWTP 3590 96142 South Slough Sewer Ext 925,640,62 504,282.00 1,112,012.30 317,910.32
WWTP 3590 96143 WWTP City water project 18,900.46 16,900.46
WWTP 3590 96144 Ashford Lift Station upgrade 274.73 (274.73) now monitoring
WWTP 3590 96145 WWTP NonPotable water project 82,669,10 82,669.10
WWTP 3590 96151 Predesign of WWTP projects 198,488.79 50,000.00 107,331.69 141,157.10 Enhancement #3
WWTP 3520 96152 Boise River Outfall/Creek Crossir 69,893.64 475,107.00 24,321.31 520,679.33 Enhancement #4
WWTP 3590 96154 Tertiary Filter By.Pass 19,401.00 19,401.00
WWTP 3590 96155 Thickener Project 427,242.21 600,000.00 204.498.83 822,743.38 Enhancement #2
WWTP 3590 96159 Centrate Basin Construction 200,000.00 200,000.00 Enhancement #7
WWTP 3510 96160 Digester Gas Line Modification 22,000,00 22,000.00 Enhancement #9
WWTP 3510 96160 Methane Gas Alarm for Digester 5,000.00 5.000,00 Enhancement #9
WWTP 3590 96162 BlckCat Trunkline/Lift pre design 669,000.00 35,321.43 633.678,57 Enhancement #11
enterprise addition for fund bal 378,992.00 378,992.00 budgeted revenues exceeded expenditur
Enterprise TOTAL Capital for FY2003 5,566,624.00 4,195,549,00 2,916,141.36 5,073,696.86 I
CITY of MERIDIAN
FY2003 Budget to Actual Capital Outlay
ENTERPRISE FUND
. YTO 06/30/2003
et
es
4,164,125.00
2,162,027.00 2,128,589.80
3,081,967.20
15 of 53
CITY OF MERIDIAN
FY2003 POTENTIAL BUDGET AMENDMENTS
as of June 30, 2003
ENTERPRISE FUND
F d D
D b"
C dOt
D
un ept e It re I escrJ P
60 WWTP $ 150,000 increase cost of DAFT construction (wastethickener)
60 WWTP $ 433,320 addt'l funds needed for BlackCat & SouthSlough lrunklines
60 WWTP $ 125,107 increase for Boise River Repair/Creek Crossing projects
60 Water $ 20,000 move money from operating acct Wells Maint to Capital Equipment for
60 Water $ 20,000 2 Well VFD drives for Well 15 & Well 11
60 WWTP $ 100,000 increase costs for Boise River Rpr/Creek Crossing #96152
60 WWTP $ 100,000 savings from the UV/Five Mile #96109
60 $ 808,427 Decrease Fund Equity Tra nsfer
ENTERPRISE $ 828,427 $ 928,427 $ 100,000 ITransfer To (From) Fund Balance
GENERAL FUND
01 FIRE $ 20,408 equipment for new firetruck #301 move money from operaling to capital
$ 20,408 I
BldQ FY02 Year-End Fund Balance Transfer from Special Serv Fund to Cap Imprv
50 $ 320,759 Fund
FY02 Year-End Fund Balance Transfer from Special Serv Fund to Cap Imprv
50 Bide $ 320,759 Fund
50 Blda $ 14,360 increase rent for Building Department
50 BldQ $ 1,700 increase phone expense for Building Dept move
50 Bide $ 1,000 increase computer expense for cabling BUild Dept move
50 Blda $ 17,060 Decrease FY03 Special Service Fund Transfer to Capitallmprov Fund
01 Other Gov $ 40,000 Ten Mile Exchange Study not budgeted for
01 FIRE $ 101,578 increase enhancements for the Rural share of 25%
01 FIRE $ 101,578 increase revenue from Rural Fire for their 26% share of 03 enhancements
01 Recreation $ 3,700 Tmsf appropriation from Councillo Parks for Facilities Recreation Suprv
01 Council $ 3,700 Tmsf appropriation from Council to Parks for Facilities Recreation Suprv
01 HR $ 25,000 transfer appropriation to HR from Council for Aspireon contract
01 Council $ 25,000 transfer appropriation to HR from Council for Aspireon contract
01 FIRE $ 140,000 Holdback . decrease #3 wages - 3 months salary savinos
01 FIRE $ 7,500 Holdback - decrease Stall3 operating - station won't open this fiscal year
01 Police $ 25,000 Holdback - decrease wages - will not hire PT Crime Prevention Officer
01 Admin $ 10,000 Hold back - decrease budget for Centennial Celebration in #1840
01 Admin $ 99,015 Holdback. FY03 transfer to Capital Improve Fund from General Fund
01 Admin $ 75,000 Holdback - decrease City Hall building construction budget
01 $ 316,515 Revenue Reduction
GENERAL FUND $ 845,020 $ 845,020 $ (O)lTransfer To (From) Fund Balance
ITEMS UNDER CONSIDERATION
50 Bldg . Increase Buildina Department Revenue and Contract Inspector Expense
01 Parks $ 176,620 .. receipt from ACHD for Storey Park right of way purchase
01 Fire $ 16,026 .. receipt from ACHD far Franklin Rd right of way purchase
01 Fire $ 192,646 Revenue Increase
60 PW $ 7,500 Empire Computer litigation refund
60 PW $ 7,500 computer purchase from Empire litigation refund
01 Police $ 5,550 increase capital equipment for 2 astra radios
01 Police $ 5,550 decrease 56103 "Radios/Communication" acct for 2 astra radios
20 Police $ 5,500 DUI Grant. overtime to be reimbursed
20 Police $ 4,500 DUI Grant. Video system for palrol
20 Police $ 10,000 DUI Grant. revenue from Slate Highway Safety Grant
TOTAL $ 215,696 $ 215,696 $01
+ current trend indicates we will collect more building permit revenue than budgeted
.. need Council to clarify how Parks & Fire can spend this extra Revenue that was not budgeted
16 of 53
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CITY OF :MERIDIAN
BUDGET HEARING PRESENTATION SCHEDULE
FY 2004 BUDGET
JULY 17, 2003
8:00 - Council assemble, receive any additional materials
8:15 - 9: 15 - Police
9:15 -10:15-Fire
10:15 - 10:30 - Break
10:30 - 11 :30 - Parks
11 :30 - 12:30 - Lunch
12:30 - 1 :00 - City Clerk
1:00 - 3:00 - Public Works
JULY 18. 2003
8 :00 - 8:30 - Revenue Discussion - Finance
8:30 - 9:00 - Human Resources - Cost of Compensation
9:00 - 2:00 - Budget Setting (Working Lunch)