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Home My WebLink About2003-03-18 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 18, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd 0 Bill Nary =x= Cherie McCandless =z= Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: &~.:P v-e d.S a/~~ 3. Consent Agenda: A. Approve minutes of January 21, 2003 Pre-Council Minutes: 4/j!>prov~ B. Approve minutes of February 25, 2003 City Council Regular Minutes: ~v..e... C. Findings of Fact and Conclusions of Law for Approval: PP 02- 028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No. 5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: Clppv--e... D. Findings of Fact and Conclusions of Law for Approval: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North Locust Grove Road: ~ov~ E. Findings of Fact and Conclusions of Law for Approval: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: F'fPP-VV<-<'- F. Findings of Fact and Conclusions of Law for Approval: RZ 02- 009 Request for a Rezone of 0.17 acres from R-8 to Q-T zones for Meridian City Council Agenda - March 18,2003 Page I of3 All materials presented at public meetings shall become properly ofthe City of Meridian. Anyone desiring acconunodatioD for disabilities related to documents andlor hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 4. 5. 6. 7. 8. 9. Bentlev Apartments by Tamura and Associates - 518 East Broadway Avenue: a;o~v~ G. Findings of Fact and Conclusions of Law for Approval: CUP 02-048 Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed Q-T zone for Bentlev Apartments by Tamura and Associates - 518 East Broadway Avenue: ap~v.e..... H. Resolution No. 03- 41:J 0 InterQovernmental AQreement between Ada County and City of Meridian providing for areas outside the city limits to be included within an Urban Renewal Area: ~OVK.- I. Memorandum of UnderstandinQ between City of Meridian and the Meridian Chapter, Local 2311 for driver positions at Fire Station Number 3: ~PV'''- J. Well 24 Pumping Faciliti~ -Award Bid: l;lO frlnlnger t~J.frplc--h~/J:/1t:.. -;;r 6i' 2-/1; 000 K. Design of Well 25 Pumping Facilities: to (!il/i / J'ttJ-ve!j ~r 1t'2?; /90 Department Reports: 11,-(Jn,..L 10. (Items Moved from Consent Agenda): I'l/t?/L.e.,..- Ordinance No. tJ ;3 - I tJ / 3 Meridian Police Department Rules and Policies: af7'1Yllv.e.. Continued Public Hearing from March 4, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Ldn ~ h,-<<- jJ I/L fo /hti../l.-cl... z,~ '2--00 "3 /""-7- Continued Public Hearing from March 4, 2003: Dust Abatement Ordinance: C~-hhh--t j? /11.- .-Jo /Jp-t'-i7 8; '2.pt:?3 I~ Public Hearing: MI 03~002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin. Park Subdivision No. 1 by Capital Development - 4196 N. Zion Park W;ay: ar~ne1 f.p pYef?tv..L -I'll-felt' 101- ~VC~ Public Hearing: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: "t"-1 C.9?'v/Jnuv pi /1- /0 IbJnZ I; 2-,?o:J ~ fU;-J/JRClh'v /hlbrma77'dr.-J Public Hearing: PP 02-033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PD zone 11. Meridian City Council Agenda - March 18, 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 bours prior to the public meeting. for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: 'r; . /' ~- Ct7Yl..7>hu...e. ;;Ik I-v ;fpn 7112t?P; /nfJ fi;y Jiflt?C/ff1:.- d'-ffrao.- 0-,....; 12. Public Hearing: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104.77 acres for proposed Parkstone Subdivision by HiIlview Development, Corp. - west of North Eagle Road and north of East Ustick Road: '..p _ ~~_ ~- C~~ ;'JIlt- ~ A;1Jn7 0 2PCJ9 /~ lrr;peci'r7~/hrrr~-1?170 13. Public Hearing: PP 02-034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: Ctln-nhvr..e. pi A -to /n(Vt.c-A 25'13; 2-tPf/:B ~ 14. Water, Sewer and Trash Delinquencies: O//'~~ {5'. /3..e-R- r f tv /Yz.L.- L/c.e-rt-J:..e 7J-.a---n.r ~ ftn- a 1iz n tUn-pa...... ~~ Meridian City Council Agenda - March 18, 2003 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. \f\~~'v ?ost ~,{ ~u\o\\G l\\)1-\UU ~1,^lAV\R:, ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 18, 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. Consent Agenda: A. Approve minutes of January 21, 2003 Pre-Council Minutes: B. Approve minutes of February 25, 2003 City Council Regular Minutes: C. Findings of Fact and Conclusions of Law for Approval: PP 02- 028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No.5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: D. Findings of Fact and Conclusions of Law for Approval: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 02- 009 Request for a Rezone of 0.17 acres from R-8 to O-T zones for Meridian City Council Agenda- March 18,2003 Page 1 of3 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 888-4433 at least 48 hours prior to the public meeting. Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 02-048 Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed 0- T zone for Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: H. Resolution No. 03- InterQovernmental AQreement between Ada County and City of Meridian providing for areas outside the city limits to be included within an Urban Renewal Area: I. Memorandum of Understanding between City of Meridian and the Meridian Chapter, Local 2311 for driver positions at Fire Station Number 3: J. Well 24 Pumping Facilities - Award Bid: K. Design of Well 25 Pumping Facilities: 4. Department Reports: 5. (Items Moved from Consent Agenda): 6. Ordinance No. Rules and Policies: Meridian Police Department 7. Continued Public Hearing from March 4, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: 8. Continued Public Hearing from March 4, 2003: Dust Abatement Ordinance: 9. Public Hearing: MI 03-002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development - 4196 N. Zion Park Way: 10. Public Hearing: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: 11. Public Hearing: PP 02-033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PD zone Meridian City Council Agenda - March 18,2003 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. for proposed P arkstone Subdivision by H iflview Development, Corp. - west of North Eagle Road and north of East Ustick Road: 12. Public Hearing: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104.77 acres for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: 13. Public Hearing: PP 02-034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: 14. Water, Sewer and Trash Delinquencies: Meridian City Council Agenda - March 18,2003 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** AS OF MAR 18 '03 16:55 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 22 03/18 16:54 12089552000 MODE MIN/SEC PGS CMDij STATUS EC--S 00'55" 003 251 OK ------~----------------------------------------------------~-----------~-------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday. March 18,2003 at 7:00 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. Consent Agenda: A Approve minutes of January 21. 2003 Pre~Councj] Minutes: B. Approve minutes of February 25. 2003 City Council Regular Minutes: C. Findings of Fact and Conclusions of law for Approval: PP 02- 028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtona Center Subdivision No.5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: D. Findings of Fact and Conclusions of law for Approval: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation ~w 3545 North Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: F, Findings of Fact and Conclusions of Law for Approval: RZ 02- 009 Request for a Rezone of 0.17 acres from R-8 to O-T zones for Meridi4n City Co~ncil AS""". - M"",b l~. 2003 P"$e 1 of3 All materi.1s presented at public mDCrings ,hall bcc= pr"llCl1y ofihc City of Moridillll. Anyone desiring ~commod~tion fordis.bilities rel~ted 10 documentS and/or he:.1ings please contact the Cil)' CI",.lc;'. Office.1 888.4433 .t lcasl48 hou~ prior 10 thepublie meeting. ( ** TX CONFIR~lHi'ION REPORT ** 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Z7 28 DRTE Tl ME TO/FROM (33/1823:12 3810160 (33/1823:14 PUBLIC WORKS 03/1823:15 12084664405 03/1823:168841159 03/1823:182088840744 03/18 23:20 2088467366 03/18 23:21 8985501 03/18 23:23 LIBRRRY 03/18 23: 25 92083776449 03/18 23:26 208 388 6924 03/18 23:28 2eB8886854 03/1823:29 8950390 03/18 23'31 208 387 6393 133/18 23:32 ADA CTY DEVELMT 03/18 23:34 CHERRY LANE 03/18 23:36 PDST OFFICE 03/18 23:38 208 888 1983 03/18 23:40 ID PRESS TRIBUNE 03/18 23:42 208 888 6700 ( AS OF MAR 18 '13323:4::' PAGE.el CITY OF MERIDIAN MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--s EC--S EC--S G3--S EC--S EC--S G3--S EC--S EC--S MIN/SEC PGS 131'38" 003 00'46" 003 00'59" 003 e0'59" 003 00'58" 003 01'16" 003 00'58" 003 01'15" 003 00'57" 003 01'14" 003 00'57" 003 e0'S7" 003 00'58" 003 01'47" 003 01' is'' 003 01'37" 003 01'19" 003 00'59" 003 00'58" 003 CMD~ 254 254 254 254 254 254 254 254 254 254 254 254 254 254 254 254 254 254 254 STI'lTUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 18,2003 at 7:00 p.rn, City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd () Bill Nary :=::x= Cherie McCandless :x:= Keilh Bird -A- Mayor Robert Corrie 2. Adoption of the Agenda: ~,VV?: M an..e.......~ 3. Consent Agenda: A. Approve minutes of January 21, 2003 Pre-Council Minutes: eirl"pYP//lL> B. Approve minutes of February 25, 2003 City Council Regular Minutes: ~V.L C. Findings of Fact and Conclusions of Law for Approval: PP 02- 028 Request for Preliminary Plat approval of 7 bUilding lots and 1 other lot on 12.081 acres in an J-L zone for Gemtone Center Subdivision No. 5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: ~f"n'jr<" D. Findings of Fact and Conclusions of Law for Approval: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North locusl Grove Road: apr>7>V.iI... Eo Findings of Fact and Conclusions of Law for Approval: CUP 02.047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-B zone for Mountain View Senior Seminary by LystrupfJensen Architects - south of East Overland Road and east of South Locust Grove Road: r?pv..c... F. Findings of Fact and Conclusions of Law for Approval; RZ 02- 009 Request for a Rezone of 0,17 acras from R-8 to 0- T zones for Mmolim Cityc...o<il AS=lo- loW... 13, 200) PA!?'.1 .fJ All m:r.lci.mls-~d IU: puJ::.lie rnmnp man htc.aMe prcpcz1Y of1hc- CIty.otMc::ridmn. i\o)'Qn.. do5iring aocc-mmolhz.ion fO!" dU.abi~i1jtz: Milled 10 dowmQUt:t ~dlDC' hMri'~8J (lIe:!.t1 OOM:l1Cl u,a Ctf)' a(\ll'k'~ OffiN At RRR-S.f.J3 alkut....s hours. prior to !he' pub[j~TmC't.in.c. April 4, 2003 MERIDIAN CITY COUNCIL MEETING April 8, 2003 APPLICANT ITEM NO. a. & REQUEST Approve minutes of March 18,2003 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: ~ ti/frv Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 18, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd 0 Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve minutes of January 21, 2003 Pre-Council Minutes: Approve B. Approve minutes of February 25, 2003 City Council Regular Minutes: Approve C. Findings of Fact and Conclusions of Law for Approval: PP 02- 028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No. 5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: Approve D. Findings of Fact and Conclusions of Law for Approval: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North Locust Grove Road: Approve E. Findings of Fact and Conclusions of Law for Approval: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: Approve Meridian City Council Agenda - March 18,2003 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: RZ 02- 009 Request for a Rezone of 0.17 acres from R-8 to O-T zones for Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 02-048 Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed 0- T zone for Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: Approve H. Resolution No. 03-400 Interqovernmental A~ueement between Ada County and City of Meridian providing for areas outside the city limits to be included within an Urban Renewal Area: Approve I. Memorandum of Understandinq between City of Meridian and the Meridian Chapter, Local 2311 for driver positions at Fire Station Number 3: Approve J. Well 24 Pumping Facilities Construction, Inc. for $211,000 Award Bid: To Irminger K. Design of Well 25 Pumping Facilities: To Civil Survey for $24,190 4. Department Reports: None 5. (Items Moved from Consent Agenda): None 6. Ordinance No. 03-1013 and Policies: Approve : Meridian Police Department Rules 7. Continued Public Hearing from March 4, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Continue Public Hearing to March 25, 2003 Meeting 8. Continued Public Hearing from March 4, 2003: Dust Abatement Ordinance: Continue Public Hearing to April 8, 2003 Meeting 9. Public Hearing: M103-002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development - 4196 N. Zion Park Way: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - March 18,2003 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. Public Hearing: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Continue Public Hearing to April 1, 2003 Meeting for specific information I ! I I I I. ) I I 11. Public Hearing: PP 02-033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PO zone for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Continue Public Hearing to April 1, 2003 Meeting for specific information 12. Public Hearing: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104.77 acres for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Continue Public Hearing to April 1, 2003 Meeting for specific information 13. Public Hearing: PP 02-034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: Continue Public Hearing to March 25, 2003 Meeting 14. Water, Sewer and Trash Delinquencies: Approve 15. Beer and Wine License Transfer for EI Tenampa: Approve Meridian City Council Agenda - March 18,2003 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetina March 18. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, March 18,2003, by Mayor Robert Corrie. Members Present: Robert Corrie, Tammy de Weerd, Keith Bird, and Cherie McCandless. Members Absent: Bill Nary. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, John Strong, Dean Willis, and Will Berg. Item 1. Roll call Attendance: X Tammy de Weerd 0 Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Okay. I will now open the regular City Council Meeting on Tuesday, March 18, 2003, at 7:04 P.M. and have roll call attendance, please, by the City Clerk. Item 2. Adoption of the Agenda: Corrie: Okay. Item Number 2 is adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: One addition to the agenda, if the Council so moves. On Item 15, we'd like to add the EI Tenampa License and, outside of that, I don't know of any other deals. I would move that we adopt the agenda as noted with the one addition. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda with the Item Number 15 being added. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of January 21, 2003 Pre-Council Minutes: B. Approve minutes of February 25, 2003 City Council Regular Minutes: Meridian City Council Meeting March 18, 2003 Pg 2 of 45 C. Findings of Fact and Conclusions of Law for Approval: PP 02- 028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No. 5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: D. Findings of Fact and Conclusions of Law for Approval: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North Locust Grove Road: I . I E. Findings of Fact and Conclusions of Law for Approval: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 02- 009 Request for a Rezone of 0.17 acres from R-8 to O-T zones for Bentlev Apartments by Tamura and Associates - 518 East Broadway Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 02-048 Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed O-T zone for Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: H. Resolution No. 03- Intergovernmental Agreement between Ada County and City of Meridian providing for areas outside the city limits to be included within an Urban Renewal Area: I. Memorandum of Understanding between City of Meridian and the Meridian Chapter, Local 2311 for driver positions at Fire Station Number 3: J. Well 24 Pumping Facilities - Award Bid: K. Design of Well 25 Pumping Facilities: Corrie: Item Number 3 is the Consent Agenda. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting March 18,2003 Pg 3 of 45 De Weerd: I move we approve the Consent Agenda as written and authorize the Mayor to sign and the Clerk to attest the appropriate agreements. Bird: Second. Mr. Mayor? Corrie: Mr. Bird. Bird: Before we have a vote on that, we need a Resolution Number on that one resolution on the Consent. Corrie: Okay. Resolution Number 03-400, Governmental Agreement. Okay. Any other discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. Consent Agenda approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item Number 4, Department Reports. Any Department Reports? Item 5. (Items Moved from Consent Agenda): Corrie: All right. No items were removed from the Consent Agenda. Item 6. Ordinance No. Rules and Policies: : Meridian Police Department Corrie: Okay. Going on to Item Number 6. This is Ordinance Number 03-1013, the Meridian Police Department Rules, and Policies. At this time I would like to have the City Clerk read Ordinance Number 03-1013 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1013, an Ordinance amending Tile 6, Chapter 1, Section 5, Meridian City Code, to give the Chief of Police authority to enact rules and regulations as he deems necessary for the routine operations of the police department, including the conduct of the members of the police department, uniforms, equipment to be worn or carried, hours of service, vacation, employee conduct, grievance procedures, and all other matters for the better efficiency of the Meridian police department and not in conflict with other city policy, deleting the requirement of approval by the Mayor and Council for such rules and regulations and providing an effective date and providing for a waiver of the reading of the rules. Corrie: Okay. You have heard the reading of Ordinance Number 03-1013 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 on the resolution. Meridian City Council Meeting March 18, 2003 Pg 4 of 45 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 03-1013, Meridian Police Department Rules and Policies and to suspend -- suspension of rules, pursuant to Idaho State Code. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 03- 1013, with suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Continued Public Hearing from March 4, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Corrie: Item Number 7 is a Continued Public Hearing from March 4, 2003, the Comprehensive Plan Text Amendments regarding Urban Services policies in the 2002 Comprehensive Plan. I will continue the Public Hearing at this time and invite staff's comments, Brad. Hawkins-Clark: Mr. Mayor, Members of the Council, at your last meeting -- well, it was two meetings ago, you had continued this item in order for staff to get together with the Building Contractors Association and the Ada County Association of Realtors. As the minutes reflected that were in your packets for tonight, there was two outstanding issues, one, Mayor, you had requested that we get a letter from John Eaton, which that was submitted in terms of their request for continuance. I did meet with Mr. John Eaton and Mr. Mark Estess this past Friday that -- with the legislature -- Legislative Session going on, that was the soonest that these two gentlemen could get together. We reviewed two different documents, both of which you have received in the past. One was the North Meridian Area Plan section, which is in Section B of the North Meridian Area Plan it's Roman Numeral II, Urban Services. That language was drafted by Mr. Mike Wardle as part of -- part of that private development effort to put this plan together. That is a simpler -- more simple, straightforward approach, which these two private industry groups prefer. We did also review the proposed urban service policies that I had submitted to you as part of a February 24th memo, which does go into a little bit more background on this -- this policy of city services within the area of impact, but outside the city limits. After that meeting I guess I came away feeling like there was -- there was a pretty good understanding as to the direction that they wanted to go. I think Meridian City Council Meeting March 18, 2003 Pg 5 of 45 I understand clearly where these two private industry groups say -- I just wanted to emphasize for the record that no other groups have been specifically met with by staff. Mr. Wardle has certainly, as part of the North Meridian Area Plan process, met with numerous parties and he feels as part of this -- this language in that North Meridian Area Plan that it does represent the feelings of other potential developers or existing developers that he's talked with. In a nutshell, I think -- I think that the main difference is that the section -- the urban services section of the North Meridian Area Plan has just five policies that are fairly broad in nature. It does state that the city policy is to require any development to connect to the city system, water and sewer. It leaves no room for the developer to submit an application, for example, like the Silvercreek Development Mr. Lee Centers came with last month. That kind of development under the North Meridian Area Plan would require connecting to the city's water and services and it would have to conform to our -- to our facilities plan. The language that I proposed in the February 24th memo that proposed some changes to the 2002 Comprehensive Plan as you adopted it -- and I will just put that on the screen right now. This was some proposed new language, which is probably familiar to you. Essentially, it's just a justification statement that says the reason for the urban service planning area boundary on the map, It lets developers or builders or other property owners who are coming into the city maybe for the first time, that gives them just a little background as to why this line is on the map. Mr. Eaton and Mr. Estess wanted this deleted, they didn't feel like it was necessary in a policy document, they wanted to just omit it all together. Staff feels that it really provides no positive or negative impact. It's basically an educational statement or a justification statement as to what the boundary is for. So we are proposing to leave that in. Then, these next five items that are on the screen have to do with new policies that were not adopted in the 2002 Comprehensive Plan, but that staff was looking at adding and the two gentlemen from BCA and ACAR that I met with are in agreement with these, with the exception of item three, and I did not add that in there, but the proposal is for that item number three to say all city sewer and water inspection and plan review fees of the lines -- or of the trunk lines in effect at the time of the development are paid to the City of Meridian. That, essentially -- for example, in a Vienna Woods or an Edinburgh Subdivision type scenario, that would insure that the City of Meridian does receive payment for our inspectors to go in when our lines are extended outside. Item number four deals with park impact fees. The concern that was expressed to me there was that the City of Meridian doesn't have currently a formal agreement with Ada County that arranges for the City of Meridian park impact fees to be collected and, in their opinion, that ordinance needs to be worked out between the City of Meridian and Ada County prior to us actually putting a policy in there. I think it's a little bit of a chicken and egg scenario that as a policy it may give us the -- you know, the framework to go ahead and adopt an ordinance. Our new Parks Director would need to be pulled in on this. He's not had a chance to review this yet in terms of how that agreement with Ada County would work out for collecting of those impact fees. With those two changes, that item on number three, adding the plan review inspection fees of the lines, and, then, item number four, their proposal for that to be removed, these -- these we are in agreement with. Now, I should say that the Public Works Department wasn't able to be there Friday of last week. We did talk about it briefly. I think the direction that we agreed on was that some of the details of how these kind of developments specifically would work out would be best put into an amendment to the Public Works Ordinance, so that they could outline how the -- how exactly the -- these ( Meridian City Council Meeting March 18. 2003 Pg 6 of 45 lines, should we extend them, how they would be affected if there is any no built restrictions placed on lots, you know, other kinds of permitting coordination. The Comprehensive Plan probably isn't the right document to put that kind of detail into, this is more policy guidance, and so those kind of discussed -- an amend to the sewer and water ordinance would probably be the best way to go on that. I think where we are at on this, it is a Comprehensive Plan text amendment, and it doesn't affect the map. The recommendation is for us to move ahead with those two changes that I mentioned. There could be some incorporation of the North Meridian Area Plan policies and this document that's on the screen that would, actually, put the text format for you together, so you could specifically see how is it in the adopted 2002 Comp Plan, exactly how it would be worded. Since we just met Friday, I hadn't had a chance to do that for you, but I think, essentially, the policy decision is yours at this point. Largely, are you in support of allowing some instances where services are extended? I think the question of whether private services would be allowed is -- has been taken care of, at least between staff and the private parties that we met with. There has been no opposition to us not allowing private wastewater treatment systems and at this point neither one of these proposals really would allow that to happen. I think it still remains a direction that we need from you as to whether or not you want to leave that door open. Corrie: Okay. Thank you, Brad. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: This has kind of been the issue that I have been so adamant about. I do agree -- I do appreciate all of the work that has gone into it to find that common ground and I think that as far as having a policy per se in this kind of a guiding document as whether we extend services or not, I don't know if this is the appropriate place to do it and it might be just on a case-by-case basis. I don't know if there is any kind of ordinance that you could wrap your arms around that could really explain all the different circumstances that such a development application would be considered, so -- and I don't know if, really, the Comprehensive Plan is the place to put it. As far as Item Number 3, I would like to see the exact wording come back next week, where we can vote on it and, you know, put it to bed. In Item Number 4, I do agree with you that it does provide the framework and there may be something that you just add stating that per agreement with the county to collect such fees -- or something so that one set policy is in place. I do know now that the parks department has their Capital Improvement Plan completed. 1 know they are still trying to wrap up the final touches on the park impact fee adjustment. Once those are in place, that letter is already sitting over at the county waiting for those -- that documentation. It's just a matter of getting all of that information to them. If there is some wording that we can add to the end of that stating as long as there is a written agreement between the city and the county, I think that could suffice. That kind of framework should really be in there. I do have a question as far as has Ada County even adopted this plan yet? Corrie: No. / ( Meridian City Council Meeting March 18, 2003 Pg 7of45 De Weerd: When are they going to do that? Corrie: As soon as they are all together. We have got a couple three weeks yet, talking to Mr. Kingsford, so -- De Weerd: I think we approved this six months ago. Corrie: All but the wording. De Weerd: Well, I don't know what the rest of the Council feels, but with those few minor changes I think -- Corrie: You're ready to go. De Weerd: -- next week with Council Member Nary here, we could pass it and probably have it changed before they even adopt the plan. If everyone's in agreement -- Corrie: Is there anybody from the public that would like to issue testimony at this point? Okay. I think that you're absolutely right, we need to have the language in number three added, took a look at it, and, then, have the agreement with Ada county, which shouldn't take that -- any problem with them now. If you want to continue the Public Hearing we can, bring it back. I doubt if there will be anybody who will want to testify, but if we want to keep that open we can. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Then, I would move that we continue the Public Hearing to March 25,2003, on the Comprehensive Plan text amendments regarding the Urban Service Policies in the 2002 Comprehensive Plan and ask for the changes to be incorporated, so that we see what we are passing on. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Is that all right with you, Brad? Hawkins-Clark: You bet. Corrie: Any other discussion? Hearing none, all in favor of the motion say aye. All ayes. Motion carried. March the 25th. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Continued Public Hearing from March 4, 2003: Dust Abatement Ordinance: Meridian City Council Meeting March 18, 2003 Pg 8 of 45 Corrie: Item Number 8 is a Continued Public Hearing from March 4, 2003, Dust Abatement Ordinance. If I read that letter right, Brad, I would continue the Public Hearing at this time. Brad, is that -- is that the request that it be continued again, because of the one letter yet? Hawkins-Clark: Mr. Mayor, that's correct. Compass has yet to formally respond to that air quality ordinance and as the MPO, Metropolitan Planning Organization, I think their input is important on that. Corrie: Okay. Is there anyone from the public that would like to issue testimony at this time? Is the testimony you are about to give this Council the truth and nothing but the truth, so help you God? Yorgason: It is. Corrie: Name and address, please. Yorgason: Dave Yorgason with Capital Development. Address is 6200 North Meeker Place in Boise. The only testimony I wish to add is I appreciate your listening to Compass. I do know that Boise City and other jurisdictions have considered dust abatement ordinances. I think I'm not here on behalf of probably just myself and Capital Development, but last year I was the chairman of the developers council with the Building Contractor's Association and I know that the BCA worked closely with many organizations and I know that BCA would appreciate a consistent dust control ordinance. In fact, does support a dust control ordinance that's consistent across not only Ada County, but also Canyon County, which is why we do support that regional wide. That's -- unless you have any questions, that's my testimony. Corrie: Any questions? Bird: I have none. Yorgason: Thank you. Corrie: Anyone else? Okay. With that, Council, any other discussion? Bird: I have none. Corrie: Okay. I'll entertain a motion for a continuance. Bird: Mr. Mayor? Corrie: Mr. Bird, Bird: I would move that we continue the Public Hearing for the Dust Abatement Ordinance and I'm going to continue it until April 8th. That will give us plenty of time. De Weerd: Is that a month? Meridian City Council Meeting March 18, 2003 Pg 9 of 45 Bird: Well, it's not quite a month. It's three weeks. Two weeks, actually. Let's give it a couple of weeks, so -- Corrie: April 8th is good. Bird: April 8, 2003. De Weerd: Second. I . I Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Public Hearing: M103-002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development - 4196 N. Zion Park Way: Corrie: Item Number 9 is a Public Hearing. It's a request to allow a temporary sales office on Lot 2, Block 5 of Baldwin Park Subdivision No.1 by Capital Development, 4196 North Zion Park Way. At this time, I will open the Public Hearing on the request and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This miscellaneous application is to allow a temporary sales office in Baldwin Park Subdivision No.1. They are proposing to convert one bay of an existing three-car garage to a temporary sales office for their subdivision. On the screen is the location of the Phase 1. This is North Linder Road. The future middle school abuts the south side here. At this point they have one ingress-egress road and, then, the lot that they are proposing to use for their sales office is right here on the south side of that entry road. Here is a look at the Final Plat that City Council approved several months ago and, again, this -- the lot that's proposed here is Lot Number 2, Block 5 that backs up to their -- to their open space common lot area. Here is an elevation of the house. The two-car garage has the standard overhead doors, as you can see, and, then, here on the right-hand side they have a door in the middle with two grid windowpanes that they would have as their temporary sales office. Title 11 of Chapter 8 of City Code does prohibit sales offices in the R-8 district, but temporary buildings and temporary uses are allowed with a conditional use and so that's the reason for this application. The plan -- there was not a planned development. As you may recall, we have seen some developers come through proposing sales trailers with their plat to allow -- to allow those to be used by the real estate marketers during the time of selling the lots or houses in the subdivision. Capital Development did not request that as part of their plat. They didn't do a planned development on this project either, but we have -- in like Ashford Greens and Heritage Commons and Touchmark, we have allowed these temporary sales offices. This is a little different in that they are proposing to convert a garage to the use. Staff has recommended should the Council approve the request we have some recommended conditions there that are proposed. Probably, the only one to point out is we have Meridian City Council Meeting March 18, 2003 Pg 10 of 45 asked for the -- certainly some adequate off-street parking for the employees that's going to need to be provided and that the landscaping be improved before they start to use the facility for that use. We have proposed a time frame for the use of 24 months, but they may be able to extend that at staff level. City Council would have to approve any time extension beyond 30 months, is what we have proposed, so -- they have included in their application that they have -- are looking at two to four staff members on the site for seven days a week, 12:00 P.M. to 6:00 P.M. They haven't proposed a time period for how long this house would be used as the sales office, so that's why we had that recommendation. Unless you have any questions, that's all I have to point out on this one. Corrie: Thank you, Brad. Any questions of Brad? Any other staff comments? Okay. Is the representative of Baldwin Park -- you have already been sworn in, so just give your name and address again. Yorgason: Okay. Again, my name is Dave Yorgason with Capital Development. Address is 6200 North Meeker Place. I appreciate the opportunity to be before you this evening. We recognize when our application was first submitted for the subdivision there wasn't a planned development ordinance in effect and, in hindsight, we probably should have waited a little longer, but, otherwise, we feel like this temporary sales office is an important feature for our subdivision for marketing. A couple of comments raised by staff. Certainly, all their conditions that I have read we are fine with them. We agree -- in fact, there are probably a couple of questions in our mind. Condition Number A, reads: Subdivisions are permitted to have no more than one temporary use. I guess one question in my mind is one at a time. I thought we mentioned in our cover, if not, I do apologize to staff, but our intent is to have this sales office used for approximately one year and maybe even less than that period of time, such that when we -- in fact, we have already submitted our application for phase three of Baldwin Park. In that application is a request for a second temporary office, but not used at the same time. We will have this one only until that more permanent -- less than two year's use, but that more permanent sales office is in place. It's, actually, next to our swimming pool and the other amenities more internal to the subdivision. Our hope is that you would approve us. It would be used one at a time, not two at a time, certainly, and we understand that from the -- from our perspective and certainly from the city's perspective as well. There was one other question about adequate street parking. I don't know if the Councilor staff has a number for us, but we agree -- in fact, that's one reason why we are only using a single bay for the garage, is that the double bay could be used for parking for the real estate agents. They can be parking in there or out in the driveway there is certainly adequate parking for two to four. We see two as mostly used, but as -- during the peak time, the springtime, we may have three -- three to four sales associates inside. Then, as far as landscaping, all other items, we are moving ahead. In fact, sprinklers are already in and that landscaping will be finished here within the next week or two. This also happens to be the -- well, it's just our main marketing location for the rest of this year and we request for approval this evening. I'll stand here for any questions you may have. Corrie: Do you have any problem with the fire department's requirements? Meridian City Council Meeting March 18, 2003 Pg 11 of 45 Yorgason: I read them. I didn't see anything there that's of any concern, no. No. No, we will comply with them. Corrie: Any questions of staff? Okay. Thank you. Yorgason: Thank you. Corrie: Is there anyone else that would like to issue testimony? Okay. Hearing none, Council, discussion on the Public Hearing? Okay. If there is none, I will entertain a motion to close the Public Hearing. Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing on Item 9. All in favor say aye. Opposed no? Okay. All ayes. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Discussion? Any discussion? Okay. I will entertain a motion on the request for a temporary sales office. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve that MI 03-002, the request to allow a temporary sales office on Lot 2, Block 5, of Baldwin Park Subdivision No. 1 by Capital Development, 4196 North Zion Park Way and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff comments. De Weerd: Second. Corrie: Motion has been made and seconded for the approval. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: I am assuming that that includes a clarification on the temporary use meaning one temporary use at a time. Bird: Yes. Corrie: Okay. Okay. Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Meridian City Council Meeting March 18, 2003 Pg 12 of 45 Corrie: Okay. Three ayes. Motion approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Item 11. Item 12. Public Hearing: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Public Hearing: PP 02-033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PD zone for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Public Hearing: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104.77 acres for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Corrie: Item Number 10, Number 11, and Number 12 are all Public Hearings on the Parkstone Subdivision by Hillview Development Corporation. First is a request for annexation and zoning of 104.77 acres from an RUT to an R-8 PO zone for the proposed. Item Number 11 is a request for Preliminary Plat approval of 334 building lots and 34 other lots on the 104.77 acres. The request for Number 12 is for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini storage lot, 1 pocket lot, 1 city neighborhood park, and 32 common lots on 104.77 acres for the Parkstone Subdivision by Hillview Development Corporation, west of North Eagle Road and north of East Ustick Road. Without any objections, I will open all three requests under one Public Hearing and as you testify you can testify on any three or one at a time, whichever you want to do. First, I will have the staff's comments. I will open the Public Hearing on all three. Hawkins-Clark: Mr. Mayor, Members of the Council, this application has been reviewed by the Planning and Zoning Commission and the Parks and Recreation Commission. You have received excuse me, the recommendation from the Planning and Zoning Commission in your packets. On Item Number 9 -- or, I'm sorry, Number 10, the annexation and zoning request, the subject property is outlined here on the screen. It is on the north side of Ustick Road. The W.H. Moore, Incorporated, property that you have received several requests on is here to the east. That's at the northeast -- or northwest corner of Ustick and Eagle Roads. The property has a couple of subdivisions -- existing subdivisions abutting it. To the north is Heritage Subdivision, which has one- acre lots, zoned R-1, as well as Jasmine, which is a five-acre lot subdivision. The Education Campus Subdivision is here on the western boundary. The school district has received approval to move ahead on a new elementary school here in the corner in Meridian City Council Meeting March 18, 2003 Pg 13 of 45 the western -- eastern corner of their lot. There is a subdivision that is under application right now that the Planning and Zoning Commission has reviewed, the Sutter Cove Subdivision, also known as the Hollister property, which is abutting here to the -- to the west as well. Then, you have Summerfield Subdivision to the south of that. Rural residential is around the property on the south side of Ustick Road. The properties are a mix of RUT zoning and R-1 zoning, all in Ada County. None of that property on the south side of Ustick has been annexed at this point. Here is a photograph of the existing conditions. The land today is largely agricultural uses. The request is to be approved to an R-8 zone. The Comprehensive Plan does designate the property as medium density residential, which has target densities of three dwelling units per acre, up to eight dwelling units per acre. The Planning and Zoning Commission did recommend approval of the annexation and zoning application to the R-8. The subdivision has a little over four dwelling units per acre, so the range is three to eight, so it's at the lower end of the range for medium density residential. We have also recommended that a Development Agreement be entered into with the city as a part of the annexation and that's in the recommendation that you have received. Item Number 11 on the Preliminary Plat, the proposed plat is here on the screen. There are two main entrance points to the subdivision proposed off of Ustick Road. This one further to the east is intended to serve more office and commercial uses. These are, as you can see, larger lots down here in this corner and they are proposing to have some commercial uses here on the east side of the road and, then, office type uses on the left-hand side. They do have a couple of different housing product types that they are proposing, some attached dwelling units, as well as some detached. The higher density is here in the south next to Ustick Road. They are providing -- or proposing to provide a landscape buffer along Ustick Road. They have a storage unit lot that abuts the Winston Moore property that's about 1 Q acres in size. The entry road is a proposed residential collector that would have no front-on housing, no parking, and they would provide a detached 1 Q-foot wide asphalt pathway. The Comprehensive Plan does require a multi-use pathway that would be a part of the larger system maintained. The pathway is shown on the -- I'm going to go to this -- this planned development seen here, you can see how the pathway would work through and would extend from the south boundary to the north boundary, so that upon any future redevelopment to the north that it would continue -- continue on to the north up to McMillan and beyond. The Parks and Rec Commission did review the proposed neighborhood park. There is about a six acre neighborhood park that would be public located here in the -- just above the townhouse area of the project. They also provide a private one-acre park that would be a little further here to the north. There was some discussion at the Planning and Zoning Commission -- as you may have read, there was several letters submitted, as well as verbal testimony given in opposition to the development. Several of them had to do with the density of the project. Those concerns were there, as well as numerous others. The Commission -- the Planning and Zoning Commission did also recommend a landscape buffer be provided here between these detached residential houses and the storage unit use. One potential change to the recommendation is on item number seven on page three and that deals with the location of micro paths. They have provided several micro paths within the development. If I could go to Item Number 12 here, the Planned Development? This is a little bit easier to see. This parcel here is the Hollister or Sutter Cove Subdivision. The Planning and Zoning Commission originally recommended a pathway be -- a micro path be provided between these two Meridian City Council Meeling March 18, 2003 Pg 14 of 45 developments, Parkstone and the Hollister parcel, but as it says in Item Number 7 there, if the Council determines that it's not needed, the Commission has discussed the elimination of the micro path and doesn't consider it a significant change, so they would not need to see that again. That's mainly because the Hollister property did not provide a micro path there, so that would make that useless within Parkstone. The Planning and Zoning Commission did recommend that phasing for the project be allowed to be modified at the staff level, so should they come in with some changes as to how they phase the project, that would not come -- be back before the Council. Generally, they are proposing Phase 1 here in the southwest corner of the parcel and move up in a northerly direction and, then, come around. The commercial and storage unit uses are proposed to be later phases in the project. I think those are the main highlights that the staff needs to make at this point. Corrie: Thank you, Brad. Any questions? Okay. Is the representative or developer here? Is the testimony you are about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? McKay: Yes, sir. Corrie: Thank you. Name and address, please. McKay: Becky McKay. Business address 150 East Aikens, Suite B, Eagle. I'm representing the applicant in this matter. And if I could use the A-frame, since we do have some residents here? I think that this will be a little easier if they can see what we are talking about. To kind of give you an overview of the project, what we have here -- this parcel is approximately 104 acres. As Brad indicated, we are asking for an R-8 zoning designation. We are contiguous with the city limits along our western boundary and this has a Planned Unit Development application, a Conditional Use, and a Preliminary Plat. In designing this particular project, it is designated medium density residential on your Comprehensive Plan. We took into consideration, obviously, a lot of the comments that we heard in the past concerning this kind of north Meridian area, even though this is east of Locust Grove, but it is still kind of in that north area. It has been stressed to us that the Council liked to see some types of mixed densities, mixed housing types, and mixed uses. That's what we have done in our goal here. We have a collector roadway. This is in alignment here with Wingate Lane. We have another short non-continuous collector here on our eastern boundary that is in alignment with Wesley Drive. This collector comes up and terminates here into a local street. We have another collector roadway coming from the west through the school site. Up here we will a have ten inch sewer and a 12-inch water main being constructed to our western perimeter. That will allow us to service the property. We will also have -- there is 12- inch water here at Summerfield at their eastern boundary and there is some sewer there also. In this project we have single family -- detached single-family dwellings throughout the majority of the project. Here we have a pod of town homes. They would be pods of two. We have committed on the record in writing to your staff and, then, to the residents that live across the street that these would be single story and I designated these lots from here to here and I have listed them by lot and block. Those would be townhomes, attached in pods of two, single level. We also have some office lots here. There are four office lots, two commercial lots and, then, this mini storage. Meridian City Council Meeting March 18, 2003 Pg 15 of 45 Along our eastern boundary is W.H. Moore's property. They showed us -- we met with them before we did any design work at all and they showed us two concepts that they were considering. One is a large office complex, the other was a retail center, very similar, but on a smaller scale to what you guys have at the corner of Fairview and Eagle Road, one continuous building backed up to the subject property. We did not want to create the situation that you had out at Fairview and Eagle with the Crossroads Subdivision and those residents, obviously, coming out and very upset about the large structures. We decided it was best if we take it upon ourselves to buffer the residential from Mr. Moore, so we don't put the burden on that property and create a situation that we know in the future is going to be a situation -- a hot situation. We came up with the concept of a mini storage. It's a very good neighbor, very good hours, seems to be very compatible. I have placed it adjoining to other developments and within some of my own subdivisions that I designed and it benefits this neighborhood, it benefits the community. They typically serve about a two to three mile radius we find and so it will be an excellent buffer for this development. As Brad indicated, we will have a six-foot landscape buffer here, some type of fencing, and, then, what we talked about with the landscape architect is some type of a cylinder type juniper that grows very rapidly, they get very bushy, and they grow together. They seem to do a little bit better of a job than the arbor vita and that's what the landscape architect recommended. That's what we have planned there and that six feet would accommodate that, so we would create some type of a -- not only a fence, but a vegetative wall also. Along here we have a pond area that will be -- provide storage for our pressurized irrigation. This property is within the Settler's Irrigation District. Also, you may be aware that that multi-use pathway is on the Park's Plan and the Comprehensive Plan shown going in a north- south direction on this parcel. There was also an asterisk for a city park on this particular piece of property. As you're well aware, you can't designate a park on a particular piece of property, it normally insinuates within that general vicinity, but we did take it upon ourselves to try to incorporate that. We have a six-acre park. It's located between this local street and this collector roadway. We have taken these lot lines and brought them down, so the focal point, when anyone enters this development, is upon the park, giving it excellent visibility from two public right of ways, two pedestrian paths that flare out and open into the park from the north and from the south and, then, the multi-use pathway would be detached. Your Parks Department has indicated they'd like to see a ten foot separation from the back of the curb to the pathway in order to plant trees and so we don't have any problems as those trees mature. That pathway would come up, run along the park. We have also planned a parking lot here for the park and it would come up running in separate lots, cross this roadway, a separate lot here, wrap around the pocket park we have proposed and we have a little basketball court -- a full basketball court in there. Then, the pathway would go on up through these micropaths and, then, at the Planning and Zoning Commission we added a separate lot here and took a piece out of this lot, so that pathway would continue up to that northern boundary. We have got two micropaths. The intent of these is to create a shortcut for these kids out of Summerfield and within our own development to come in, come right up through those pods, and easily enter into the new elementary site that's currently starting construction here at the Charter School site that fronts on Locust Grove. We have a good project here, with good -- what we consider good circulation as far as pedestrian and vehicular. We have got another pathway running through this block and another one here. We have added a pathway here going out to the east. Your Meridian City Council Meeting March 18, 2003 Pg 16 of 45 Planning and Zoning Commission indicated if Mr. Moore developed as a retail center and that came to the rear of the building as a loading dock that may not be an appropriate place for a micropath to enter that site. They kind of left it up to the Council at such time as when a Final Plat comes in with this particular project, then, the Council at that time could make a decision if that was appropriate or not. If it was -- their design was conducive to that pedestrian pathway, obviously it would remain. It's always nice that, you know, people can take some shortcuts, either on bicycle or pedestrian, into either a retail or an office center. It cuts down on our vehicle trips per day. Brad indicated that the -- Brad indicated that the subdivision density was 4.68. Well, that's the net density. That's if we are excluding the office, the mini storage, and the commercial and the public right of ways. Our gross density is typically what we look at that's 3.58. We have approximately 275 single-family dwellings, 52 attached single family, four office, two commercial, and the mini storage. In our Planned Development application we have agreed, too, that on the more intensive uses, the mini storage, office, and commercial, they would all require a detailed conditional use application, come before the city, so that staff could review the building, landscaping, parking, circulation, and to assure residential compatibility. It was important to the Planning and Zoning Commission that whatever is proposed there be residentially compatible and they put that, I think, as an added recommended condition. We are in agreement with all of the conditions placed upon us by the staff and by the Planning and Zoning Commission. The only change I think Brad indicated was they asked for a pedestrian pathway to the east to the Hollister property and, then, when Mr. Hollister came through with his Preliminary Plat, then, the Planning and Zoning Commission eliminated it. We did not show it on our -- on our revised Preliminary Plat which we submitted, which should be in your packet. When we went to the Planning and Zoning Commission we did not have a neighborhood meeting prior to that. We could not find a location. Everything appeared to be booked clear through the end of March. We had quite a few residents that testified and so we took it upon ourselves after that meeting to have a neighborhood meeting here at the Council chambers. I was not aware that this was available. We had a meeting here a week or so ago and met with the neighbors and I think we worked out some issues. There is a users ditch running along our northern boundary. It serves the Heritage Subdivision to our north -- on our northwest corner. We have agreed that we will coordinate with them and pipe that facility, because it does -- kind of zigzags back and forth. It does abut us for a little ways and, then, it kind of zigs to the north, but we have agreed to pipe it. Then, also we want to go on the record that the townhomes adjacent to Ustick Road, as indicated in the letter submitted to your staff and Mr. Blakeslee, will be single level. ACHD did review this application. Capacity does exist on the roadway. Ustick Road is on their CIP. It is not within their five-year plan, but it is on the CIP. We talked to them about reducing the right of way and placing our sidewalk in our landscape lot, therefore, reducing the amount of right of way necessary for a future five lane roadway and would save money from public funds from ACHD if we reduced that from a 48 to say a 39, I believe is what they have indicated. They have also asked for a right-hand turn lane on westbound and a left-hand turn bay at each entrance on eastbound. You will have a right decel lane and, then, a center turn lane, based on ACHD's recommendations. We have a really great project here. Our lots range from about -- we have some that are 5,888, a couple of them, ranging 63,65 hundred, all the way up to 10,11,12,000 square feet. As you go northward the lots get larger and large. We did go to -- before the Parks Commission last week. We Meridian City Council Meeting March 18, 2003 Pg 17 of 45 did ask for some park impact fee credits on our project. I'd just like to review that with you. The developer will donate three acres of the park site. The developer will pay for 50 percent of the park improvements, including hydro seeding, irrigation, trees, and a parking lot. The parking lot we showed I think about six spaces and meeting with Elroy, he asked for some additional spaces. We will also be allowed to have parallel parking on the east side of that park. There is about 360 feet of parking when we consider -- your code asks for 23 feet for parallel parking. Typically, we see around 23 to 30. It would accommodate 12 to 15 cars parked along that eastern roadway adjoining the park and since we have no parking allowed on the collector to the west side of the park, that's why we would provide the parking lot there. The developer will construct the 10- foot multi-use pathway through the site, including the portion through the park. He will not be asking for any participation from the city or any reimbursement for that. The developer will construct the micro path links into the park and install fencing along the north and south side of the park. For the micropath links and the fencing, we will, obviously, coordinate with your staff and we are not asking for any participation or reimbursement or credits on that. The developer will provide the pressure irrigation pond and we did make a commitment at the Parks Commission that we would provide a pressure irrigation pump station, in addition to ours. They would like to have a separate pump station. We will provide sewer and water service to the park, coordinate with the utility companies for future service to the park, and, then, we did agree, as the last item, to coordinate with the parks department for improvements for shelter, restroom, and playground equipment and what the parks department asked of us was to try to incorporate -- work with them on their plans, and incorporate that into our bidding process, kind of like what has happened at Bear Creek, where, say, like the concrete work, for example, for the shelter, the restroom, we would incorporate that in our concrete contract with the contractor, in order to get a better price, so that you're not paying the premium price through the public bidding process. That's what they asked of us. Based on our analysis cost wise, the cost for the acreage and the park improvements, the pathway, micro lengths, fencing, pressure irrigation, we are at probably about 530,000 dollars, approximately, because we had to add the pump station. The developer's contributions to that are 287,705. That's what we kind of gave the Parks Commission. We only ask for credit on three acres of the six-acre site and on what we considered Item 2 being the hydro seeding, irrigation, trees, and parking lot. Based on the new impact fees that will be instituted here in the future and we anticipate that and we support those increases from the development community, we anticipate about 212,550 dollars being collected in park impact fees on this particular project and we have asked for credit of that amount to help us in constructing and improving this park. We'd like to see this be a turnkey type park. It's scheduled on our phasing plan and based on the agreement with the property owner to take place in 2005. We could not construct it any earlier than that. That would meet the criteria based on your Meridian Parks Plan, which states that neighborhood parks should be developed when about 50 percent of the adjoining development reaches maturity and so that would be -- that would be the case here. On the Parks Comprehensive Plan, that has not been approved by this body, but when you look through the site selection criteria for a neighborhood park, we meet that criteria of being centrally located, visible, and two adjoining streets and public street frontage in excess of 200 feet, bicycling and walking distances it says should not exceed one half mile for the area it serves and try to minimize any physical barriers and we have with our micropaths, the multi-use path, Meridian City Council Meeting March 18, 2003 Pg 18 of 45 and the exposure we have provided for the park. We feel that this is going to benefit not only this neighborhood, but the adjoining neighbors with the interconnection that we have through the public street stubs and our micro paths and the excellent visibility. We haven't tucked this back into the site and have it just serving only our project, we made it very user friendly to the public and very visible and by providing a parking lot on that western side of the park and getting this thing green and available for use by the residents of the City of Meridian, I think it will benefit the city. I think we have done -- we have done our part to contribute to the community and try to provide the best planned development that we can. That concludes my presentation. Do you have any questions? Bird: Not at this time. De Weerd: Not at this time. McKay: Thank you. Corrie: This is a Public Hearing. We have got some people that have signed here. Four. I guess, Vic Clapp. Is the testimony you are about to give this Council the truth and nothing but the truth, so help you God? Clapp: It is. Corrie: Thank you. Name and address, please. Clapp: My name is Vic Clapp. I reside at 2255 Paradise Lane in Heritage Subdivision, immediately north to this proposed subdivision. I am really unfamiliar with some of the terminology and so forth, so I have more questions than anything else. What's the difference between tiling and piping a ditch? Corrie: Same thing. Clapp: Okay. What is a users ditch, as opposed to an irrigation ditch? Corrie: I think ifs the same, too, isn't it, Brad? Watson: Mayor, Members of the Council, a users ditch is one that we consider under the jurisdiction of the downstream users, whereas most of them are under the jurisdiction of an Irrigation District. Clapp: Well, I have questions on the property lines, where they are and so forth, mainly, and I guess we will figure that out by pins, I'm not sure, about the only way to determine that. If you look at the drawing from the elementary school that's being under -- that is under construction now, there is a 3D-foot easement along there and is that 30- foot easement -- is that in between the Heritage Subdivision and the Parkstone Subdivision? Is there a 3D-foot easement between those two? Because I have a drawing from the engineer here and I donit understand the property lines, they are just -- it looks like they go back and forth and the ditch crosses into our subdivision and out Meridian City Council Meeling March 18,2003 Pg 19 of 45 and it's -- if you go to where the ditch is now, the entire ditch is outside of our subdivision and I just have some questions as far as boundaries, I suppose, and whether there is a 30 foot easement along there. Is there an easement there? Because according to this drawing from the elementary school, there is a 30 foot Settler's Irrigation District Easement with the elementary school and does that continue along -- whereas the drawing for the subdivision here does not show that easement. Corrie: We will get your answer here in a minute. Clapp: Thank you. Watson: Mr. Mayor and Council Members, the plat that we have doesn't show any easement. I would think it would be up to the applicant or their engineer or surveyor to show that easement. We can't verify it from what they have submitted, so-- Clapp: It's from the elementary school, which is the adjoining property. It's right next to it. I was just curious. It wouldn't just stop there, would it? Corrie: I don't know. You will have to have that -- Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, if we can get the rest of Mr. Clapp's questions, perhaps he can show that document to the engineer sitting in the back of the room and, then, we can get his answer to that for him at that time. Clapp: Okay. Thank you. Also, I'd like to make a request, if we could construct -- when we do put that fence on top of the -- where ever the fence is going to be, if we can put a two or three-foot berm underneath that fence, if possible, maybe from the scrapings from the road that is immediate south to those northern plots and, if it's possible, to request single level dwellings, as Mr. Blakeslee did. Hawkins-Clark: Mr. Mayor, if I could respond. I didn't address that in my staff report, but the Planning and Zoning Commission did -- did make a recommendation in the conditional use that single level dwellings be 1,500 square feet along the west -- adjacent to any existing subdivision, is the way that it's worded, and I can read that for this gentleman here. The recommendation states that the minimum square footage -- or, I'm sorry. Yes. The minimum square footage for the residential lots adjacent to the western and north property lines shall be a minimum of 1,500 square feet for single story and 1,800 square feet for a two-story building. The recommendation as it comes to this body just puts a square footage on it, it doesn't state they shall be single story so, that would be a decision that needs to be made here. Corrie: We will give you an answer to that, but we talk about it -- Clapp: Okay. All right. Thank you very much. / ( Meridian City Council Meeting March 18, 2003 Pg 20 of 45 Corrie: Okay. Thank you. Clapp: Oh, sorry. What about the berm, the two to three foot berm? I understand you can take the scrapings from the road and put it right there right next to the lots and just put it across the back there and you have your two to three foot berm, then, build your fence on top of that. I did speak to one of the developers and he was going to have that under consideration. , . Corrie: Okay. We will ask them when they get a chance to answer questions. Clapp: Okay. Thank you. Corrie: Tom and Sue Davis? Davis: I have no comment at this time. Corrie: Okay. Tye Ketlinski. I hope I don't butcher that up too bad. (Councilman Nary present.) Ketlinski: Most everybody does and it's Ketlinski. Corrie: Oh. Okay. Is the testimony you are about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? Ketlinski: Yes. Corrie: Okay. Thank you. Ketlinski: Tye Ketlinski, 662 South Torino, Meridian. I'm, actually, here today -- and I will be really brief -- on two fronts. My father owns Jasmine Acres, which is the eight- acre parcel right above this subdivision. My father owns the property just to the north. It's -- I think it was denoted as Jasmine Acres. He's down south on vacation, has been for the last three months, so he sends me to tell his concerns to the Council. Generally speaking, he doesn't have any objection to the development, but he has one concern -- and I guess I should probably pose it as a question to the developer. He uses -- there is a ditch bank, as noted earlier by the Heritage Subdivision gentleman -- there is a ditch bank there. I'm not sure what they are planning on doing with that, but he does use that as -- on his part of the land, so I'm not sure what you guys are planning on doing with that. Are you going to leave it open or -- Corrie: We'll let them testify after on whatever questions you might have. Ketlinski: Okay. Other than that, as long as his rights aren't affected there he doesn't have a problem. My second hat tonight is my own, since I spent the last year and a half commuting on Eagle Road to work every morning at 8:00 A.M. and I'm not sure if any of you do, but it was insane, the traffic on that road. As far as wearing my citizen hat as a Meridian City Council Meeting March 18, 2003 Pg 21 of 45 citizen of Meridian, I'm just a little concerned about the traffic and I'm not sure how much more traffic Eagle Road can take. With that, I appreciate the opportunity to speak and I will have a seat. Corrie: Thank you. Any questions? Thank you. Helen Law? You can still testify if you like. Okay. Is the testimony you are about to give the truth, so help you God? Law: Yes, it is. Corrie: Name and address, please. Law: George Law, 1599 Leslie, Meridian. We live right on the corner of Ustick and Leslie Way across from where the subdivision will be and on the gentleman that was just up here concerning the traffic, I don't care what the Ada County Highway Department says, I work out of my house, I sit in that office every day, and in the mornings getting out of our road onto Ustick you can't do it. From 7:00 in the morning to 9:00 it's bumper to bumper. You get on Eagle Road and it's worse. That issue has to be addressed. And if that development goes in as planned, you will be putting another 150 cars on the road in that time frame in the morning, it can't be done. Just a major concern for my family and myself. That's all. Corrie: Okay. Law: Thank you. Corrie: Thank you. Is there anyone else that would like to issue testimony? Yes. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Blakeslee: Yes. Corrie: Name and address, please. Blakeslee: John Blakeslee, 2545 East Ustick Road. My wife and I reside on the seven acres immediately south of the townhouse section. Mr. Mayor and Members of the Council, I appreciate this opportunity to address you and having testified at the Planning and Zoning Hearing, where I basically -- my general comments indicated that, in my opinion, this was a high density use, instead of a medium density use, as indicated by our Comprehensive Plan. I went to some effort to try to demonstrate that and use some of the following the six bullets that are shown in your Comprehensive Plan indicate that the goals of the plan were to do the following. Manage growth to achieve high quality development. Enhance Meridian's quality of life for all residents. New growth should finance public service expansion. Prevent school overcrowding and enhance education services. Expand commercial and industrial development. And protect Meridian's self- identity. It was my observation in that hearing that this application failed on five out of the six goals. The only one that it succeeded at was the expansion of commercial and industrial development. The dynamics from RUT to R-8 are substantial and I hope that you will consider that, unlike what I felt like the Planning and Zoning Commission did, Meridian City Council Meetlng March 18, 2003 Pg 22 of 45 which, as I have analyzed that, I have come to the conclusion that they want to get as much development as fast as dense as possible, based on what I was able to observed in that hearing. In the Comprehensive Plan on Page 7, it says increase growth also means an increasing demand on natural resources. Meridian residents wish their area to grow without harming its water supply or quality and so forth. Neighborhoods and special areas will be developed so that they fit in with Meridian's character. Now, Meridian probably has a broad cross-section of characters, but I would say that anyone of you who know this area would agree that the character has been more of a rural character than an R-8 character and, yet, I know that as these applications come, development is going go occur and I would be the last to stand in the way of prudent development. It also says on the same page of the Comprehensive Plan land uses in Meridian will be thoughtfully planned, so that neighboring uses are compatible. Now, Mr. and Mrs. Davis have lived there for many, many years and have done an excellent job in their agricultural pursuits in that 100 plus acre parcel and those of us who moved out there 20 or more years ago have always appreciated looking at the efforts that they have made. Now, in our position we will be looking at what are termed townhouses, 52 of them to be exact, and that has been a big concern to us. Referring to the Comprehensive Plan again on Page 26, it says objective A after goal one is to insurance that facilities and services keep up with growth and item -- Sub Item Number 6 it says that an action would be to permit new residential, commercial, or industrial developments only when urban services can be reasonably provided at the time of final approval and development is contiguous to the city. I think anybody who would study this application would wonder if that objective and action is being fulfilled. In the process of having the Planning and Zoning Hearing, we discovered the fact that you have a new requirement for neighborhood meetings -- developers and neighbors prior to Planning and Zoning. However, this development -- that the new ordinance was not in place when this development came forward and despite the Planning and Zoning Commission, who could see no fruits whatsoever to be gleaned from having such a meeting after the fact, because they approved it unanimously. The developer was kind enough to have a meeting with us and in that one and a half hours we accomplished more than I think we could ever have accomplished in front of the Planning and Zoning Commission. At that time we received, my wife and I, the concession which was enumerated to you this evening about having the townhouses that are immediately adjoining Ustick Road as one level only and we sincerely appreciate that. I would say that the Planning and Zoning Commission was wrong in stating that nothing could be accomplished from such a meeting, because that and other items were accomplished and I salute the developer for that. Finally, I would like to say that you, as elected officials representing the citizen's of Meridian, have an opportunity to do what your Comprehensive Plan says on Page 36. Before I read that statement, I would like you to pay strict attention to the testimony that you have heard here this evening with regard to traffic safety, because I know that as a public official you are not experts in regards to traffic. You have the opportunity to assign that capacity to the Ada County Highway District and as I have observed in the last six years, the Ada County Highway District is largely playing a catch-up job that I don't know that they will ever succeed at. You have the chance of jumping over the Ada County District based on the following statement The community's economic vitality, it's willingness to insure the safety and well-being of its citizens and its degree of concern for the natural environment are evident in the appearance of the city. Therefore, the entire community and, more specifically, its Meridian City Council Meeting March 18, 2003 Pg 23 of 45 governing bodies, have the right and the responsibility to guide future development. When we ask the Planning and Zoning Commission to slow down with regard the use of our streets in order to maintain our public safety, they shrug their shoulders and say, well, that's a function of Ada County Highway District. I'm going to interested in seeing if you do the same thing. I would hope that you wouldn't, because when I served in a capacity as a Planning and Zoning Commissioner for Ada County for six years, we were able to see -- excuse me -- that ACHD was deficient in many applications and we were able to stop those applications until the proper traffic concerns were met. You have before you, just as I do, the -- oh, 16 or 17 page Ada County Highway District report, which was authored and signed by Andrea Tuney, who is a principal development analyst. I have had the opportunity of speaking with her about her comments and was pretty much flabbergasted by what I heard. This subdivision, which is scheduled to build out by 2007 -- and I know that's economic driven, but that's what they say -- would create an additional 3,954 trips per day and they go on to state that -- excuse me -- that the current level of capacity on Ustick Road would be able to handle that. Then, buried deep in their report, Item Number 12 talks about other development in the area. It's kind of a casual aside, but it lists 16 bullets of other developments, which, in the last 15 months, have been approved by ACHD and I would hazard a guess by yourselves, which, with my rudimentary math skills, adds up 5,194 lots, including these. Then, tucked neatly at the end of listing those 16 or 17 new developments it says this due to the large number of inquiries and submitted development applications in this area, staff and the development community realize that the potential for development in this area is extreme and the traffic impact studies that each individual developer was submitting did not include the major surrounding developments that are in the works, quote, end quote. If staff examines each individual development, the roadway system appears adequate, but when staff begins to add in a second or a third -- not all 16 of them, but just a second or third large scale development, the traffic capacities of surrounding roadways reach their 2020 planning thresholds. Now, the testimony this evening indicated that the CIP for Ustick Road -- it's not in the five-year CIP for ACHD. It is in the CIP for the year 2011. If this development builds out by the year 2007 and the other 4,700 some odd lots do as well, you will have created a nightmare. I connote it to building a freeway on-ramp system before you build a freeway. It doesn't make sense. We are going to find out this evening if you have the courage to question ACHD and say we don't know if we can buy into your recommendation for approval without some guidelines. Now, the developer is going to rebut my testimony by saying that they are going to have these right turn -- westbound turn lanes into the developments -- or into the two access points to the development. They are also going to have one left turn lane coming easterly in front of the development. For anybody who lives on Wingate Lane where they are bringing their horses and domestic animal trailers in and out of that subdivision or anybody who is trying to turn south, such as this gentleman who testified earlier, into the Leslie Way, it's going to be nerve racking at best and life threatening. What I would like to recommend to you, if you would consider it, respectfully, and that would be -- and I asked for a drawing, because when I asked ACHD if this could be done, they said] would have to find out from the developer. Apparently, the developer's engineer hasn't drawn this yet, but the only way I can see around creating a horrible situation would be to have a full center turn lane that would be able to go north or south -- north to the development and south to the existing properties, to maintain the safety of the public. And so I would propose that you add, if it is in your wisdom to do so, a center lane that Meridian City Council Meeting March 18, 2003 Pg 24 of 45 would feed approximately 1,200 feet of Ustick Road, commencing one block east of Leslie Way and terminating one block west of Wingate Lane. Now, the funds to do this could be earmarked from the impact fees that are going to be charged for these lots. I wouldn't expect the developer to have to foot this bill, because it's a definite benefit to the entire public, but I respectfully suggest that you consider making that a condition of approval. If you do, and if you need help in getting this in front of ACHD, I commit to assist you in doing that and in getting the neighbors around to try to do so as well, because the same irony that we are talking about here is a common occurrence in Boise City, where the act of adding one or two or three more vehicle trips a day will stop the construction of an entire bridge. Thank you very much for considering my comments and I will stand for questions. Corrie: Thank you. Any questions? Bird: I have none. Corrie: Okay. Thank you. Anyone else like to issue testimony? I'm going to ask you don't take that much time. We don't have it. I appreciate your comments, Mr. Blakeslee, but I'm going to limit this to no more than five minutes and I will cut you off. Okay. 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? Nesmith: Yes. Corrie: Okay. Name and address, please. Nesmith: John Nesmith, 2820 East Ustick Road. I own the property directly adjacent to the east of this development. Something that I am also concerned with is the traffic issue, because I cannot turn east and get onto Eagle Road from -- like the other gentleman said -- from 7:00 to 9:00. It's not possible. I have to turn west and go around, because the traffic is backed up clear passed Leslie Lane. The other thing that I was not made aware of was the neighborhood meeting and that's something that I would like to know is whether or not they are going to put a berm or some relief as far as the commercial property that's directly adjacent to my residential property, because I'm very concerned with property values compared to what it is now. I wouldn't be opposed to it if they put in a berm that was landscaped with like a nice masonry wall, like they have done on some commercial developments that I have seen, as well as continuing on with mini storage, dealing with something that isn't, to my knowledge -- to my view, not what I consider to be -- what I would rather be looking at, versus a nice, landscaped, you know, shielded -- you know, basically, as a commercial development right beside a residential -- my residential property, along with, obviously, Mr. Moore is going to be developing the rest of the property into commercial. That's my concern is that the developer wanted -- that he would put in some kind of a buffer and a berm, wall, something along those lines to shield my property. The other thing that I'm concerned with -- I know it sounds minor, but along with the property -- I don't know if they are doing any fresh -- I noticed in a couple of developments when they are putting their ponds in, they put a pump, so they aerate the ponds so it doesn't build mosquitoes and I know I have lived down -- I used to live down in Boise and all the ponds they put in / i Meridian City Council Meeting March 18, 2003 Pg 25 of 45 there, it created quite a bit of problems with mosquito development and that cost money to try to abate that, so that's basically alii have. Corrie: Thank you. Any questions? There was another hand. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? M. Berg: Yes. Corrie: Name and address, please. M. Berg: My name is Mary Berg, 1741 East Summer Ridge Drive. My comments stem from the fact that I have four small children and the elementary schools, I don't really believe that in your Comprehensive Plan when say you're considering the overcrowding of schools, that that's really taken place, We attend River Valley Elementary right now, which has over 900 students in attendance at that building and I do realize that we have a new elementary school. I served on the boundary committee for that school's boundaries, we planned on opening that school with just under 500 children, and we considered in the next two years with the subdivision across the street from that school, Sunburst or Sundance or something like that, that within two years we will be barely over 650. If you're adding another subdivision of this size, we are basically shot in the foot before we have got it in the door and we will be back up to over 900 again and there no elementary schools slated for that area. The square mile to the north of us has no land for an elementary school, so we have to take in all of their children, too, because there will be no elementary school in that square mile. As far as I know and was told by the school board, in the next bond issue we will not be getting another elementary school for that area that we are serving right now, it will go to an outer limit and we may be on the second bond that comes through, might be getting a -- be able to put an elementary school that would service what we are taking in right now, but that's -- I just didn't hear any concern with the school and that was my point. Corrie: Thank you. Any questions? Thank you. Any other testimony? Okay. Becky, we have some questions. McKay: Mr. Mayor, Members of the Council, I'd like to address some of the comments that the adjoining residents have made and some questions that have been derived from their testimony. Concerning Mr. Clapp and the easement to the north, in the comments from Settler's Irrigation District -- and one of our conditions is all irrigation drainage facilities slash easements will need to be protected, so we always, as you well know, coordinate with Settler's Irrigation District -- even on our user ditches we coordinate with them as far as capacity and what kind of volume is coming down those ditches, what properties they serve, and who we need to coordinate with as far as adjoining property owners when piping these facilities. We will abide your ordinance and the state law as far as not interrupting any drainage or irrigation and providing any necessary easements in order to protect these facilities. When we bring in that Final Plat for that northern portion, at that point in time the -- your staff requires that we delineate on that Final Plat applicable easements and on the construction plans show where we are piping ditches or where any adjoining ditches are. The lots to the north, the issue was brought up of single level. We agreed at the Planning and Zoning Meridian City Council Meeling March 18, 2003 Pg 26 of 45 Commission to increase the square footage of the lot -- of the homes, excuse me, along that northern boundary, up to that 1,500 square foot for a single level, 1,800 square foot for a two story. In our design of that northern boundary, we tried to keep those lots as large as possible. In looking at this drawing, which gives you a little bit more detail, as you can see, these lots here are ranging from 10,900, 11,300,9,500, to 15,200. I made them deep. These are 122 feet deep and 129 and 133. As we get over to Jasmine Acres, I was sensitive of the fact that that is a large parcel, in excess of five acres, so we put this cul-de-sac in here, obviously, to flare out and increase the size of these lots ranging from 10,800, all the way up to 19,700 square feet. Due to the fact that these are larger lots up through here, these homes will, obviously, be larger, more expensive and will be, I think, a better neighbor for Heritage and I don't think there is a need to limit them to the single story along that north boundary. We, I guess, for the record, are opposed to that. There is a drainage ditch that runs through here and dumps into this live ditch that's coming in this direction. If that ditch adjoins or abuts, according to your ordinance, then, we have to pipe it. It's my understanding that they use it -- the eight acre parcel uses it for drainage, so when we pipe facilities, we have to, obviously, coordinate to make sure that we aren't taking any excess water and providing some outlet for that. We will work with that property owner. Mr. Blakeslee brought up some points concerning the Comprehensive Plan. Anybody can go through your Comprehensive Plan and pick and choose fragmented sentences, little bits and pieces, and say it complies or it fails the test of your Comprehensive Plan. Your plan talks about developing the City of Meridian in an orderly fashion when public facilities are available. We have sewer and water facilities that are available to this property. We have a collector roadway coming into the school site, the new school that is under construction on our western boundary. We are contiguous with the city limits. We have jumped through the hoops of Ada County Highway District and you have to take into consideration that we have mixed use regional on our eastern boundary. To come in with something rural residential -- rural and residential in nature would I obviously, be a catastrophe when you're going to have intense use on your eastern boundary. We are trying to minimize with the mixed uses and the pedestrian connections -- we are trying to minimizes that traffic out on those arterials and keep as much of that traffic inside and offering that outlet out to Locust Grove, we got approximately 1,100 trips that would go westerly out to Locust Grove. We do have an outlet, not only do we outlet two streets to Ustick, but to Locust Grove. Urban services are reasonably available to this property. I don't think that statement is correct at all. When the P&Z reviewed this application, their recommended approval and the discussion was should it tabled to force the developer to have the neighborhood meeting. Planning and Zoning Commission determined that it was not necessary for us to be tabled in order to have that meeting, but we did go on -- we made the statement that we would have the meeting prior to Council Meeting taking place. Ustick -- in the analysis, Ustick has capacity. ACHD, that's what they have to look at. They have to look at what is the available capacity. You have got level of service A on your eastbound left turn, level of service C, level of service B, all those levels of service they take into consideration in determining does capacity exist. A good example of one jurisdiction determining whether capacity is there without taking into consideration the jurisdiction, which has the expertise, was this Target store at Eagle Road and Chinden. The Planning and Zoning Commission for the City of Boise determined that capacity did not exist on Eagle Road or Highway 20-26. When ACHD and ITD had reviewed the application, it had been approved just like this one, gone Meridian City Council Meeting March 18,2003 Pg 27 of 45 through the commission and determined the capacity existed. It went to the City Council of Boise City. They had all the residence there in Hobble Creek opposing it, saying, you know, we can't get out onto Eagle, we can't get out onto Chinden. The Boise City Council I think made a very profound statement. Capacity exists and we have to rely on our brother agencies who have that expertise to determine whether a development can be handled by our roadway network. Mr. Blakeslee's comment about having us provide a specific amount of center turn lane, we will have the decel right- hand turn lane and the center turn lane based on the requirements of Ada County Highway District. If this Council dictates a certain length of that lane, that may not meet their criteria. It may create a safety hazard. I have argued with Mr. Larry Sell before in instances where we wanted to expand a particular arterial and he says when it -- when it's two lane and it opens up and, then, it narrows back again, in certain circumstances that is more dangerous than adding that extra lane. We have to be very careful that we -- that you don't impose something that ACHD is going to say I'm not going to let you do that. That is going to be problematic. They are the experts. They are the ones that we have to rely upon. If that center turn lane is there, obviously, we would coordinate with ACHD to make sure that we have some type of painting, you know, because they typically have the little arrows that you can turn here, that it could be used going either left or right, going to the south that is to Wingate Lane. Also, Wingate Lane, what are there, seven people on it? It's not like you have got 3,000 cars coming out of Wingate Lane. It's a private lane serving some rural -- rural lots down there. The other thing Mr. Blakeslee brought up is if you impose that condition on us, there is no guarantee that there will be any public funds available to participate. I have no guarantee. In fact, ACHD at this point in time is a little pinched, so we are trying everything we can to, obviously, minimize their expenses and try to incorporate in our projects as much as we can as far as infrastructure and reducing those trips on the arterials and the intersections. Mr. Nesmith asked about the buffering on his property. He is there on our eastern boundary. He will have W.H. Moore's property right around him. The only way that we can really address that is when that conditional use application comes in. At that time he would be notified and he would have opportunity to comment publicly on buffering and compatibility. Typically, your landscape ordinance requires that we have at least 20, 25 feet of the some type of landscape buffer between a more intensive use and a lesser use. That would, obviously, be addressed. All we are showing you here is a concept. You have seen them before. They are just rough in nature. We are asking for approval of the uses, but not site specific. They will have to come back for that. As far as the ponds, your staff did include a condition of approval asking that we provide information and plans as far as how we will circulate those ponds to make sure they are not a mosquito breeding ground. Typically, we do that with fountains or waterfalls. We have the little floating fountains. They work very well. They are very cost effective. The issue of school capacity, we did go to the school district before we started laying this out, got some input from them. They indicated to us the elementary is going to start construction soon. It's on an eight-month fast track schedule. We understand that there is an elementary crunch out in this north Meridian area. I met with Wendell Bigham on Monday and their architect on the Bridgetower elementary site. Wendell indicates that the school board is considering building the Bridgetower elementary prior to building a new elementary in Eagle. I guess in the last bond issue one of the elementaries that was funded with that bond issue was scheduled for the Eagle area. However, the development in the Eagle area has not met Meridian School District's projections, I I . ( Meridian City Council Meeling March 18, 2003 Pg 28 of 45 according to Wendell. Therefore, within the next 60 days the school board will determine if that is going to be the next elementary that is built. His bet is that the Bridgetower elementary will be built next and he said if I was a betting man -- that was his very words -- I would bet that that would be the next school. We have accelerated our plan to provide services to that school. He wants them there by May 2004. And they would start construction with that school on line fall 2005, There are things in the works to provide those elementaries for this north Meridian area. We have a really good project here. You have seen a lot of projects in this area. You have to take into consideration most of those projects are on ten and 12-year build-out plans. You guys are only issuing around, what, 700 building permits -- single-family Building Permits per year? That's kind of what you're averaging. Those are, obviously, going to have to be shared through all these developments. You're not going to see this build out in five years. It's just probably not going to happen. There are just too many lots and too many projects to choose from, The market will be -- will be fierce, I expect, in the future and I think that the public is going to expect more from these projects and this is a project that I think will meet those desires, providing pathways and a park site and the differing uses and also catering to the different economic socio -- or socio-economic groups as far as the lot prices and home prices. That's alii have to say. Thank you. I I I . De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have a question for Becky. In your conversations with the school district -- and I can't find their letter in here -- did they submit a letter and comments on this subdivision? McKay: Your staff always transmits to them. Typically, we see their standardized letter, which indicates how many kids will be generated by the development, unless it's in a particular area that they are needing a school site. De Weerd: You haven't seen it? McKay: I haven't seen it, unless Brad has one. It wasn't in my packet. Oh, Jim's got one. I stand corrected. It just talks about the school district has experienced phenomenal student growth in the last ten years. High schools, middle schools, elementary schools through the district are operating over capacity, Approval of Parkstone will have a significant impact on school enrollments at River Valley Elementary, Lowell Scott Middle, Eagle High, and, then, they predict how many kids will be generated. Eighty-eight elementary, 69 middle, and 47 senior high at build out. It's basically their standard letter to inform the Council of what impact this will have and also voicing that, you know, what their current condition is, based on the schools that are operating today. De Weerd: So, no recommendation of denial? McKay: No, sir. Or, no, ma'am. Sorry. Meridian City Council Meeting March 18, 2003 Pg 29 of 45 De Weerd: That's all right. I have been called worse. Corrie: I haven't seen one yet from the school that -- De Weerd: I don't think you mentioned the request about putting a fence up on a berm on the north boundary. McKay: We did discuss that and one of the problems that I see -- potential problems is we are going to have the piping -- we will be piping that ditch and, typically, we don't like to berm over the top of them, we like to offset our fence a little bit in order so that that -- those fence posts aren't too close to that pipe. The amount -- the availability of dirt is typically contingent on the design of the streets and the design of the sewer. In some instances, some projects that I have in north Meridian were not generating as much dirt as we typically do in order to build our berms, so we are seeing a real shortage of dirt. That's because we are having to keep our sewer up high and our streets up high due to groundwater and sewer depths. Sometimes it does place an undue burden on a development to try to provide dirt for a berm. You do it for a certain portion and everybody wants a berm and we don't have that much dirt, so I guess I would have to answer the question that we are opposed to that. De Weerd: And in your townhouses -- now, would they not be qualified as multi-family, because of their shared walls? They are not? McKay: They are detached -- or attached single family, I believe, is what-- De Weerd: And how are the rooflines on it? McKay: Well, you would review that when it comes through as a site specific CU. De Weerd: You have two or three in a row? McKay: You would only have pods of two. De Weerd: Two. McKay: Two. De Weerd: So, the roof lines from the across the street-- McKay: Would be very similar to a single family. De Weerd: Yes. McKay: Yes. De Weerd: How many parking spaces do you have for the park? I. I t I I I I I , I Meridian City Council Meeting March 18, 2003 Pg 30 of 45 McKay: I believe we showed six and the parks plan recommends one -- or, excuse me, three per acre. I think when I totaled that up, the park -- based on their proposed plan, it required like 16 total and we can accommodate some out on the public street where we have the single loaded local street along the east boundary and it states in the parks plan that -- that parallel on-street parking can be included when calculating the parking needs of the neighborhood park. It's stipulated in there. I can read the section for you, if you'd like me to. De Weerd: Well, just knowing the climate of finding open green space for PAL Soccer, Optimists, Meridian Youth Baseball, they see an open space and parents come in their cars and you don't have any parking on that one entrance in, your neighborhoods are going to be full of parents' cars. McKay: Mr. Mayor and Councilwoman de Weerd, Elroy brought that up at the Parks Commission meeting, that they use these types of green spaces for their practices, so we do need to provide more space than what we showed on our plan. Six would need to be increased and at that time I think Elroy talked about possibly doubling it. I don't know if they can go on -- De Weerd: If it's three per acre, you need to do more than double it, if you only had three. McKay: If you didn't count the parallel parking spaces. If you didn't include any parallel spaces on the east. De Weerd: Okay. And how many does that total? McKay: Based on 360 feet, I think, depending on if you calculated 23 or 30 feet for the parallel parking -- your ordinance says 23 feet, it could accommodate 12 to 15 and that would be -- that would be starting at the buildable lot. That would be at this -- at this location. From this point to this point is 360 feet of frontage on a local street, so that parking, if you started here, would accommodate 12 to 15 cars, depending on whether you stripped it for 23-foot length or 30 foot length. Your ordinance calls out 23. De Weerd: I don't have anything further. Corrie: Any other questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. McKay, just so I'm clear, in your example of using the Target store, is that simply to say that -- I guess what your position is that we need to accept what ITD or ACHD says in relation to how wide the streets are and what the capacity is? McKay: Well, I think, Mr. Mayor and Councilman Nary, my point is that the Planning and Zoning Commission -- in that instance the Boise City Planning and Zoning Meridian City Council Meeting March 18, 2003 Pg 31 of 45 Commission completely ignored any of the information from the traffic engineers, ACHD, or ITD, which are the experts in, obviously, analyzing these turning movements and intersection capacity and roadway network capacity. They totally considered it and in their finding for denial, their finding stated capacity did not exist on Eagle or 20-26. Therefore, they recommended denial. That's where the Council, on appeal, reviewed that Conditional Use, I believe it was, and determined that the capacity did exist based on the input -- written input from those experts and those expert agencies. Nary: I guess what I -- one, I mean I have tried to turn left out there and it, really, isn't that easy to turn left out of that Target parking lot, either on 20-26 or Eagle. I don't know that they were necessarily right, but with Mr. Blakeslee, what I thought I heard him say was that they weren't looking -- in making that determination about capacity, they weren't necessarily looking at all the development, they were looking at this development. Today there is capacity for this development on those roadways. Because -- I guess what his point he was trying to make -- and I guess I just wanted to hear your comment, is what I thought his point was -- is when you look at the big picture of the -- all of the development in that area is going to be and I guess what I have seen in Boise that compartmentalized perspective of capacity is why the mall is a very congested area to drive in and Milwaukee and Fairview is a very congested intersection, because every time ACHD was asked, they said this development will bring this much and the roadway will meet it. When once it all gets developed, there isn't capacity any longer, now, it's tapped or it's tapped for everything. Yes, maybe on the front of the curve if this gets built it's going to have capacity, but as soon as all the rest of this stuff connects and becomes all built out, there isn't any room and the hope is that we are going to meet the roadways in time to make those capacities, but I guess that's what I thought his point was and I guess I didn't hear what your thoughts were. McKay: Well, Mr. -- or Mr. Mayor, Councilman Nary, I think -- I think your point, as far as the mall area, is well taken. However, if you talk to ACHD, they will state the problem originated with the way the projects were approved through Boise City as far as the land use decisions, because they -- originally, there was a mix of multi-family office and commercial, but it kept leaning more towards the strip type commercial and some of those areas had very poor interconnectivity, which accentuated the problem and, you're right, they did look at it on piecemeal. With this particular project, one, we use WGI. WGI has done most of the traffic studies in this north Meridian area. They were also -- the company that ACHD contracted with to do their 12-mile north Meridian traffic study and modeling. In Mr. Blakeslee's point, he is looking at everything ten years from now at build out. I guess if you asked me if the roadway -- if all intersections remained the same, there is no additional turn lanes, no signalization on the four-way stops that are present now, none of these arterials are ever expanded beyond those two lanes. In ten years are we going to have congestion? The answer is probably yes. We will have congestion. You're also looking 10 years down the road. They also look at the build out of these projects. This project has a shorter build out time than, obviously, the larger ones, but this area isn't any different than what you see out at Cloverdale. I have lived in -- I lived in that Cloverdale-Ustick-McMillan area for 15 years. That area was completely built out at densities ranging from three to four dwelling units per acre in Boise city. Most of those roadways in the 15 years I lived there were two lanes, substandard arterials. They handled all the traffic. They came in, they added some turn Meridian City Council Meeting March 18, 2003 Pg 32 of 45 lanes, they added signalization, some of the roadways they came in and added some center turn lanes, but they add that capacity to those arterials incrementally. We are not going to see ACHD have the funding to go out and build five lanes on -- and three lanes on all these arterials. That's not going to happen. I think, you know, we have been trying to come up with different ideas on increasing the capacity. We do it project by project and work -- like our work on the north Meridian plan, coming up with some ideas on to lessen the impact on ACHD's budget. I mean I don't have all the answers, but capacity does exist. This development is also on your eastern boundary and you have to realize most of the traffic is going to be going in an eastern direction. People still -- the majority of the people when analyze the percentage of traffic and which direction it's going, everything appears to be going -- or not everything, excuse me, a large percentage appears to be going in a northeasterly direction from the Meridian area and going to employment in Boise. As far as our impact on the network as you go west further into the interior of the north Meridian, that impact is not going to be as much as the interior of north Meridian would have coming through us. That's a long way to answer your question. I'm sorry. Corrie: Any other questions? McKay: Thank you. Corrie: Okay. Council, any other questions? Yes. Question? Did you get yours answered? Is that what you want to say? I'm not going to have rebuts back and forth. Clapp: Well, basically, there is enough excess dirt -- Corrie: Come up here. Clapp: But there is excess dirt existing along that ditch that is higher than the level of the subdivision, so there is enough dirt to make a berm. Also, to build a fence on top of the pipe is not necessary if there is a 30-foot easement, so the fence would not be on top of the ditch anyway with a 30-foot easement. Corrie: Council, any other questions that you have in the Public Hearing? Okay. I hear none, then, I will entertain a motion, then, if you so desire to close the Public Hearing on all the -- on all at one time or take the prerogative to close them all at once. Bird: All at once? Corrie: Yes. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd move that we close the Public Hearings on AZ 02-033, PP 02-033, and CUP 02-048, all on Parkstone Subdivision. Meridian City Council Meeting March 18, 2003 Pg 33 of 45 McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Okay. We will take the request for annexation and zoning AZ 02-033 first. Discussion? Bird: Mr. Mayor? Corrie: If no discussion, I will entertain a motion. Bird: Mr. Mayor, you're going to get one. I would move that we approve the request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for the proposed Parkstone Subdivision by Hillview Development Corp., west of North Eagle Road and north of East Ustick Road and for the attorney to draw up the Findings of Facts and Conclusions of Law and decision and order and incorporate all staff comments. Corrie: Motion has been made. Is there a second? De Weerd: Second. Corrie: Motion has been also made and seconded for the approval of the annexation and zoning with all staff comments. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Again, I apologize for being late tonight. I had an engagement I could not get away from, but this is real tough, because I guess I feel a little in the dark. There are certainly some positive things. I have been reading the staff report on the annexation and there are a lot of things that I think are very positive, but I guess -- I guess that's my long-winded way of saying I think I'm going to abstain. I didn't hear enough of this to feel comfortable in moving forward. I think there is some positive things here that I see, but I also see significant concern in the Planning and Zoning Commission, as well as the views that I did hear that I guess I don't feel comfortable just approving it, but I'm just -- like I said, a long way form saying that I abstain. I don't feel I have enough before me. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think there are a number of issues here and, you know, I don't know if we penalize this developer because of the flaws in the analysis that ACHD has in Meridian City Council Meeting March 18, 2003 Pg 34 of 45 determining the level of service based on current day activities and not always including the whole picture and I know we had conversations with our own staff in trying to provide a larger picture and -- because they all have basis on each other. I do say there is hope in the north Meridian area, probably more so than any of our other areas, because we have been undergoing some more in depth type of planning and analysis. We are working with ACHD on trying to figure out how to get the roads along with the development and all of these developments have the condition that whatever solution is come up with they participate in. Unfortunately, we don't know what that solution is. However, they have been told that until a solution is found, those conditions will be hanging over their heads and we need to come to the table. This application, in my opinion, should have the same condition in it, although it wasn't designated in the ten square miles, it certainly is going to feed into it, have impact on it, and maybe our attorney needs to tell me if that can apply or not. I don't know if you want to do it now or after I'm done. I do believe that moving forward, having had a subdivision built in my backyard, property lines and easements do need to be determined before the plat comes in, Somehow, those pins have this moving factor to them and it's always good to know where you're going before the house gets built back there and so I don't like to hear that that's going to come in as that phase comes in, it needs to come in as the development first turns the first shovel of dirt and that's not only for the development, it's for every neighbor that's affected and since that easement is not shown, it really needs to be determined on the front side of it, not the back side. I know our staff gets to be mediator to a lot of these and I think they got my phone call at the time, too. I would like to see that as an additional condition if this application is moved forward today. In terms of how we can affect roads and school planning, we, not being the authority and the final say on it, we are caught between a rock and a hard spot. Without those decision- making entities saying, no, we cannot accommodate these, it's hard to deny an application based on we don't think they can, because they are not telling us they can't. I know that the school district has more extensive planning in the north Meridian area, because of the planning that we are doing has been kind of forced upon us. The next question would be how they are funding it and, unfortunately, the forum has not been presented to us and without them saying on those form letters that they cannot educate those kids and they cannot recommend it, it's hard for us to put those words in their mouth. I'm not trying to pass the buck. This has been a sticking point of mine for a long time. This is the type of planning and urban density the city looks for. It will capture some trips, because it has a commercial aspect and based on what's going to be built to the east of it, it definitely will compliment having residential next to employment areas. At this point I don't feel comfortable doing -- I know we have a motion on the floor and I seconded it, so we could have some discussion, but I don't know if I feel comfortable making a decision tonight. I will say that I don't think we can give Councilman Nary such an easy out. He certainly can read the minutes and be a participant in this process as well. I guess I will stop there, since I really don't know what I'd like to do. It's a good development. I think the neighborhood meetings always should be beforehand and not in the middle of the process and that's one thing our ordinance change is meant to allow. This one did come somewhere in the process. Corrie: Okay. Thank you. I will ask the -- Mr. Nichols to answer that one question that she had. Meridian City Council Meeling March 18, 2003 Pg 35 of 45 Nichols: Mr. Mayor, the standard condition that's usually inserted into what's commonly referred to the North Meridian Area, which is just west of this, could be adapted and included as a condition in the annexation approval to say that the developer would, essentially, accept or work with ACHD on the same basis as the north Meridian planning area developments for the same sorts of transportation infrastructure improvements. I think we could -- in other words, it wouldn't be exactly the same, since it doesn't fall inside those 12 square miles, but it would be adapted to make it very similar, so that they would go along with it and it, really, benefits the developers, as well as the citizens to try to find a way to get the roads sooner, rather than later. That's what that does. Corrie: Thank you, Mr. Nichols. Any other discussion? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I have a lot of mixed feelings about this, but I have a great deal of empathy for those people who have children going to school out there and who are trying to drive on those roads. It's -- Eagle is horrendous at its best during rush hour and even when it's not rush hour. Ustick is -- I don't know how you ever get out on it, like you say, in the morning. I had occasion to be over at River Valley School a couple of weeks ago to talk to some of the teachers and they are very concerned about the overcrowding in there and the kids are being short-changed by us approving so many subdivisions around the schools and expecting the schools to make them up. I also have a problem with the park in the subdivision with the parallel parking on a public street. That's pretty dangerous for the kids that are going to be dashing back and forth across that street to get into the park. I think if they are going to have parking, it should be a parking lot and not parallel parking on the street. I think the density is probably too great for the area. I probably will be voting against it for those reasons. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to make one thing clear that I have said a hundred times before. In Meridian School District, as I recall, and I don't know the exact figures right now, but I believe five or six years ago the City of Meridian had 26 percent of the students, but we are causing all of the overcrowding. I think people need to talk to Boise, Eagle, Star, Kuna, because some of Kuna comes there and their impact area comes down into us. Ada County themselves are causing the school overcrowding as much as Meridian. We have 26 percent of the students within our city limits, but we are causing the overcrowding. That's what I want to say on it. I agree I don't like overcrowding schools. This isn't the intent The roads -- if you ever figure out how to get the infrastructure in before the development and you guys -- somebody's got a good job. Could make lots of money. We sure don't. That's alii have. De Weerd: Mr. Mayor? Meridian City Council Meeting March 18, 2003 Pg 36 of 45 Corrie: Mrs. de Weerd. De Weerd: I know there is a motion on the floor and probably we either need to vote on it or withdraw it and continue this. I think there are a number of considerations that -- you know, I, too, have -- I have kids in the Meridian School District. I have worked with several different PTA presidents at River Valley to address a couple of different growth- related issues, so I'm well aware of some of their concerns and have been reassured that a lot of those will be addressed with the opening of the new school. That doesn't solve some of the issues, but in terms of Eagle Road, having been sitting on it as well in rush hour, this development -- you're almost going to have to stop every single development in Meridian, Eagle, west Boise, Star and everyone else to have any impact on Eagle Road. We have the five, four, three-city crossing going -- starting the planning process. We have the Locust Grove overpass and we have the Ten Mile interchange that is all under probably a 10-year plan. We are hoping it's under the 10-year plan. Those will help relieve Eagle, but I don't know what the solution is and, unfortunately, the agencies we look to -- I don't think they know what the solution is yet either. ITD plays a very large role in terms of Eagle Road and, legally, I don't know if you can call a moratorium on growth until those roads are built. I know you can't. I'm just as interested in knowing what the solutions to some of these issues are that you are. I feel that the City of Meridian has taken a real positive step forward by making all of these planning entities step up to the plate and say where are schools going to be, how are you paying for them, where -- how are our roads going to be improved and trying to fit those all within conditions that we are setting in these findings and looking to everyone sitting at the table to find solutions for them, because we are not the only ones dealing with these problems, they are valley wide, and I see growth slowing. We have been saying that for three years, it has slowed some, but they continue to build subdivisions, so -- and they continue to grow the houses. I don't know, I -- as far as the school district, I would like to hear a little bit more from them and I cannot vote on this today. It's too big. Bird: Are you going to withdraw your second? Corrie: You can either do that or we can have a substitute motion to continue the discussion without the Public Hearing, but you can't do that, really, because -- unless you want to have more testimony. Bird: We shouldn't have closed the Public Hearings if we wanted to continue the thing on. Let's either vote on it or yank it off. Let's table it. That's our favorite thing. De Weerd: Well, Keith, I don't think you want to rush a motion either so, you can be frustrated and you push it if you want. Bird: Let's just have a vote on it. While we have got a motion on the deal, let's have a vote on that. That's the way the rules go. We got a motion, we have got a second, now let's have the question and if we vote it down, that's -- De Weerd: I withdraw my second. Meridian City Council Meeting March 18, 2003 Pg 37 of 45 Corrie: Sorry. I will call the question. De Weerd: Okay. Corrie: Okay. Roll call vote, Mr. Berg. Roll Call: McCandless, naye; Nary, abstain; de Weerd, naye; Bird, aye. Corrie: Okay. There is one aye and two nayes and an abstention, so the request for annexation and zoning has been denied. Do I hear a -- Nichols: Mr. Mayor, Members of the Council, the fact that that particular motion failed does not mean that you cannot continue the discussion to a later meeting, if the Council so chooses to do. If it is your intent to deny the application on its merits, then, I'd ask for another motion to deny with specific reasons to be included in the Findings. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we reopen the Public Hearings to get further information from the school district as Councilwoman de Weerd requested about schools and capacity in this area and I don't -- the only other thing that I don't know whether that was done at the beginning of this hearing, but we did have some discussion a few weeks ago about other developments that have already been approved in this area. Was that presented as part of this tonight? Corrie: I don't think so. Nary: On the other developments that were done, that have already been approved that are in the planning stages or the approval stages in this particular area. Then I guess I would move to reopen the Public Hearings, so that we can get further information on the other developments in the area, as well as further information from the school district about schools and capacity and this particular area that is going to be impacted by Parkstone Subdivision. Bird: Is this all three of them? Nary: For all three - yes. That we reopen the Public Hearings on all three matters to get that information. De Weerd: Second. Mr. Mayor? Corrie: Motion has been made and seconded. Discussion. Mrs. de Weerd. Meridian City Council Meeting March 18, 2003 Pg 38 of 45 De Weerd: Can we also add in response to Councilwoman McCandless's concern, which is very valid, on the park and the diagonal parking, if the Parks Department can take a look at that parking situation and report back on that as well. Nary: I would concur to include that for further information. De Weerd: Mr. Mayor, just one more thing. If the applicant can do this in the meantime, come back and let us know about any easement on the north boundary that would be helpful as well. Bird: When are we continuing it to? Next week? Corrie: A week or two weeks? Nary: A couple weeks? Bird: What day? Nary: Well, all we are doing is opening the Public Hearings. Bird: Okay. Yes. That's -- sorry. Corrie: Okay. All those in favor of the motion to open the Public Hearings on the three - - 10, 11, and 12 items, signify by saying aye. Opposed no? Okay. We have opened the Public Hearing again on the 10, 11, and 12 items. MOTION CARRIED: ALL AYES. Nary: Mr. Mayor, I'd move that we continue this matter to our -- I don't know how busy our -- whether one week or two weeks is necessary. I don't know what the schedule is like next week or two weeks. Would two weeks be better? To April 1st? Is April 1st pretty full? Would April 1st -- April 1st or April 8th. I guess I don't know what the -- I don't know what's on the agenda now to know whether or not -- Corrie: I think the 8th is full. Nary: Okay. April 1st should be fine. Okay. Then, I would move that we continue Items -- was it 9,10, and 11 or 10,11 and 12? Corrie: Ten, 11, and 12. Nary: Ten, 11 and 12 on Parkstone Subdivision, the annexation request, the Preliminary Plat, and the Condition Use Permit, I would move to continue the hearings to our April 1 , 2003, meeting. De Weerd: Second. Meridian City Council Meeting March 18, 2003 Pg 39 of 45 Corrie: Okay. Any further discussion? Okay. Hearing none, all those in favor of the motion say aye. Opposed no? Okay. Item Number 10, the request for annexation of Parkstone Subdivision, and Number 11, the Preliminary Plat for Parkstone. Also the Conditional Use Permit for Parkstone Subdivision will be continued until April 1, 2003, and with the request that the developer and the staff get the requested information. MOTION CARRIED: ALL AYES Item 13. Public Hearing: PP 02-034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: Corrie: Okay. With that, Item Number 13 is a Public Hearing. This is a request for Preliminary Plat approval of seven building lots on 14.31 acres in a C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates, 824 East Fairview Avenue. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We have a letter asking deferral of this preliminary subdivision plat to March 28, 2003. We have a letter that formally requests deferral of Devon Park Preliminary Subdivision Plat to March 28, 2003. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, I believe that there is -- it has something to do with the bollards issue and maybe with ACHD and so -- because the 28th is a Friday. Corrie: It should be the 25th or the 1 st of April. Bird: Yes. You're right. Corrie: So, I will entertain a motion to -- whether it be the 1 st of April or the 25th of March -- they said the 28th, I would assume it would be the 1st of April, maybe the 8th. Brad? Hawkins-Clark: Yes, Mr. Mayor. The goal here was to combine Devon Park with Fairview Lakes on the same night. There is a Miscellaneous Application for the bollards and there is a Preliminary Plat ap~lication for the commercial portion. The Fairview Lakes, I believe, Mr. Berg, is the 25t . Corrie: 25th? Bird: Is that what you want to take this one to, Mayor? Meridian City Council Meeting March 18, 2003 Pg 40 of 45 Corrie: That's fine. Yes. We can stay all night. Bird: Have you opened the Public Hearing? Corrie: Yes, I have. I don't think there is anybody out there, but is there anybody from the public that would like to issue testimony at this time? Okay. Hearing none, Mr. Bird, you can -- Bird: Mr. Mayor, I'd move that we continue the Public Hearing on PP 02-034 for Devon Park Subdivision to March 25, 2003. De Weerd: Second. Corrie: Motion has been made and seconded to continue the Public Hearing on Devon Park Subdivision, Item Number 13 on the agenda until March 25, 2003. Any other discussion? All in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 14. Water, Sewer and Trash Delinquencies: Corrie: At this time we have the water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, that you have the right to a predetermined hearing at 7:30 P.M., Tuesday, March 18, 2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel. This service will be discontinued on March 19, 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, you are hereby informed that you may appeal to 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 $25,576.61. Council, I will entertain a motion on the turn off schedule for March 19th. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we approve the turn off schedule on delinquent water and sewer, the service to be discontinued on March 19, 2003, if not paid in full, for the amount of $25,576.61. Nary: Second. Corrie: Motion has been made and seconded to approve the emergency turn-off schedule for March 19, 2003. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. Meridian City Council Meeting March 18, 2003 Pg 41 of 45 MOTION CARRIED: ALL AYES Item 15. EI Tenampa Beer and Wine License. Corrie: I believe the next item is the city clerk has a question on the licensing -- beer and liquor license on the EI Tenampa Restaurant so, Mr. Berg. Berg: Thank you, Mr. Mayor, Members of the Council. Thank you for letting me address you on this issue. There has been some confusion with the applicant about getting a transferred license for moving their restaurant. After a little resistance, but some follow up with the state and the county, that they also issue a license when you transfer to a different location. This restaurant is moving in -- moving in I guess this week and trying to open up business and they did not get their application into us until this last Friday, which we told them at that time they had to be on the 25th City Council agenda. With probably a little bit of dismay, somebody went back and somebody else came and visited us and thought they could get their license today, but, unfortunately, we don't exactly operate like maybe the state or the county does and just be able to turn around those licenses. The Mayor was kind enough to put this on the agenda just for a discussion if you'd like to approve a -- the license with the conditions as far as the Police and the Planning and Zoning reviewing the application. That's our primary concern is making sure it fits the zoning requirements and the police do not have any problems with the license. We could do that or we could listen to it on the 25th. If you have any other questions, I would be more than happy to try to answer them. I wasn't directly involved with the whole ordeal, but it falls on our laps. Thank you. Corrie: Thank you, Mr. Berg. Any discussion? Doesn't sound like there is going to be too much discussion on this one, so if you want the Mayor to go ahead and sign -- follow the procedure for signing so they can retain their licenses. We could direct the Mayor to sign the two licenses, along with continuing the investigation at this point. I don't think there is going to be any problem but -- Nary: Mr. Mayor? Corrie: Paisanos did have a license for beer and wine and liquor with a Variance because of the church, so -- Mr. Nary. I'm sorry. Nary: If there is -- if there is a problem, I guess Mr. Berg there is a revocation procedure if necessary for granting of a temporary license? Is this a temporary license? Maybe let me back up. Are you asking that we approve the granting of a temporary license until we can verify they are qualified or whether or not a Variance is necessary or are you asking us to approve a license and, then, we have to revoke it if it doesn't meet the criteria? Berg: Mr. Mayor, Councilman Nary, I think you could do both. You can approve a license transfer with the conditions that P&Z and Police approve that, which would cut, you know, a day, maybe issuing the license tomorrow sometime after we get their Meridian City Council Meeting March 18, 2003 Pg 42 of 45 verbal okay. I don't know if our ordinance has an issuance of a temporary license, but we have put some approvals on conditions such as those. Nary: I guess my only concern would be is that because of the proximity to the church. We had this very issue come up on the other bar that wanted to be put in near -- Next to Harry's, my concern would be -- is simply assuming that all the conditions that were necessary to show a Variance that allowed it when Paisa nos is there still exits. I don't know that that's the case. I assume it probably is, but I don't know that. I guess I would hesitate in simply just making that assumption and finding in granting a transfer that didn't have any means for us to revoke it and not follow the rest of the process to verify that all those conditions exist to allow it. There is no objection from the church and no objection from the neighbors or something, something to that effect. I don't care whether it's a temporary license or it's a license that's subject to revocation upon our further investigation doesn't make a difference to me, but if you're saying there is no temporary license in the City Code, I guess we would have to be authorizing the transfer. We would continue the investigation and still have to have a finding later that a Variance was appropriate would that be right? Berg: Mr. Mayor, Members of the Council, that sounds like a legal question. I do want to make one point, though. They do right now have a license within the distance to the church that you're referring to with the other application, since they are in the basement of the Heritage Building. Yes, they are moving a little bit closer to the church property, but probably not that much of a distance closer if you look at across the street, across in front of Sunrise versus kitty-corner across the street to the old Paisanos Restaurant. Nary: Correct but the current position doesn't have a house next to it and the other one does. There may be -- I don't know that there is, but just in my opinion -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Are they transferring theirs or when they bought the building did they buy the Paisanos license, so that the Paisa nos license is still effective for that location? Nichols: Mr. Mayor, Members of the Council, as I understand that what they are applying for is a change in the place of use of their existing license. Paisanos owner still has the license, which is a salable commodity, which I presume they will try to pedal to somebody that wants one and so I think there is a couple issues. One is it's not really a transfer of a license to a new applicant that has no record with the dispensary or anybody else and, secondly, it's just a change in the place of use to a place that already has that existing use. I think, at least from my perspective, it would be okay to authorize the Mayor to sign and the Clerk to attest, subject to receiving, you know, recommendations from the police and Planning and Zoning Department and it would, of course, be subject to whatever revocation procedures that we have available to us if there was something wrong with this particular one. Meridian City Council Meeting March 18, 2003 Pg 43 of 45 Corrie: It would be only a beer and wine license. They also have a liquor license, but somebody else owns it. Paisanos. Bird: Paisanos has a liquor license. They have a liquor license and a beer and wine. Corrie: I know they have one, but they don't own the liquor license. Bird: Probably somebody else owns it, but-- Corrie: Yes. It is. Bird: -- that's the commodity is the liquor license. A beer and wine license are a dime a dozen. If you need a motion for that, like Mr. Nichols said, I will make a motion that we allow the Mayor to sign and the Clerk to attest regarding the transfer of the EI Tenampa's beer and wine. Do they have liquor, too? Just beer and wine license until the police and Planning and Zoning can do the proper workup. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Okay. All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just one last thing you had brought up last week about the Meridian Ford and the other dealers that would like to have a car show. I think it was Council's opinion that we should look at changing our ordinance to simplify the process. Can we instruct the attorney to move forward with that? You know, I don't know what the process is, but I don't think we stated any next step last week, so I don't think it was real clear on who is going to do it and how it's going to move forward, Nichols: Mr. Mayor, Members of the Council, of course, we will do whatever you direct us to do. I think the issue is not so much amending the conditional use ordinance, as perhaps providing an ordinance for temporary sales events. The issue is allowing, for example, car dealers to pool their resources and to rent a space like Intermountain Outdoor Sports and have a used car sale. Nampa allows them. I know I have seen them do that at the K-Mart parking lot. I have seen them -- of course, they do them down at the fair grounds. I think they have even done them maybe at Boise State's parking lot. It's seems like they have done that there. They do it at different places. I think we look to find an ordinance which would fit Meridian for the temporary event where a license could be obtained for like a three-day weekend event, something like that, without having to have a Conditional Use Permit go through the whole process for a three-day deal. I mean we can certainly look at it and work with staff to see if, you know, what issues that presents in terms of police and fire and those sorts of things. Meridian City Council Meeting March 18,2003 Pg 44 of 45 Corrie: What are we looking at as a time frame? Does that go to Planning and Zoning and -- Nichols: If it is an amendment to the zoning it would have to go in front of the P&Z Commission. Corrie: Okay. So it's -- we can do it now and it may take us a month and a half to two months, so they will just have to bear with us. Who is going to take the lead here? The park -- I mean the P&Z, attorney help them write it, so you get that ordinance for that? Brad, guess what? Hawkins-Clark: Guess what, more work? This was news to me. I'm sorry I didn't realize this was floating out there. We will just bump something off the list. I mean that's what's going to happen. Corrie: I apologize, but, Brad, I will see that you get a copy of that in the morning. De Weerd: He can have mine. Bird: He can have mine. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Two little things. I just -- I got a note it looks like in my box and this is from accounting to approve some business cards that actually were mine, so I don't want to approve them. I'm going to give them to Mr. Bird, because he's the accounting liaison and he can take a look at that. And part of the reason I don't want to approve it is I have a copy of the disk of the audit from the City of Boise. I'm going to give this to Mr. Berg, so that he can copy the disk for everybody to have. It has 16 different recommendations on it -- 18 different recommendations on here that are things that in the future we are probably going to want to talk about, some other information, but approving your own stuff is one of them, so that's why I'm not going to sign this one. Anyway, you can copy that for everybody. That's a free document, it's available to the public, so it's not something that anybody else couldn't have, but I had an extra disk, so we can copy that, so -- Bird: Thank you, Bill. De Weerd: I'd move we adjourn. McCandless: Second. Corrie: Motion made and seconded to adjourn. All in favor say aye. MOTION CARRIED: ALL AYES. Meridian City Council Meeling March 18,2003 Pg 45 of 45 Corrie: Okay. MEETING ADJOURNED AT 9:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 1-/& /03 DATE I I i i I , '- Item Packet Pickup MEETING DATE: City Council March 18, 2003 March 14, 2003 PP 02-028 MERIDIAN CITY COUNCIL MEETING APPLICANT Thomas T. Wright March 18, 2003 ITEM NO. 3-C- REQUEST Findings - Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No.5 -- west of North Eagle Road and west of East Pine Avenue 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~. Mr Contacted: Date: .8 Phone: &+3 -t.-/ ()[i) Materials presented at p ic meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR GEMTONE CENTER SUBDIVISION NO.5 (FKA GEMTONE SUBDIVISION NO.4), LOCATED WEST OF NORTH EAGLE ROAD, WEST OF EAST PINE AVENUE, MERIDIAN, IDAHO BY: THOMAS T. WRIGHT, APPLICANT C/C 02/18/03 02/25/03 03/04/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 18,2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Becky McKay, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician 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 revised plat "PRELIMINAR Y PLAT GEMTONE CENTER SUBDIVISION NO.4 (for NO.5), LOCATED IN THE E 12 OF SECTION 8, T.3N., R IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, SHEET 1 OF 1 PRE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 I (PP-02-028) 1 \20912-PRE.DWG BKB, DWG DATE: 10/14/02, DWG NO. 20912, REVISED DATE: 03/04/03 BY: BKB, RECEIVED MAR -42003 CITY OF MERIDIAN, GEMTONE, INC. & CROSSROADS BUSINESS CENTER, LLC - DEVELOPERS-OWNERS, BECKY BOWCUTT - PLANNER", Thomas T. Wright submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason 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 and Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned I-L w/PUD overlay, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 N] 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 public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 / (PP-02-028) 2 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Interim Director and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.4 (for NO.5), LOCATED IN THE E Y2 OF SECTION 8, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, SHEET 1 OF I PRE, \20912-PRE.DWG BKB, DWG DATE: 10/14/02, DWG NO. 20912, REVISED DATE: 03/04/03 BY: BKB, RECEIVED MAR -4 2003 CITY OF MERIDIAN, GEMTONE, INC. & CROSSROADS BUSINESS CENTER, LLC - DEVELOPERS-OWNERS, BECKY BOWCUTT - PLANNER". DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO, 5 1 (PP-02-028) 3 Pursuant to the City Council's authority as provided in Meridian City Code ~ 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 ofthe applicant as evidenced by "PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.4 (for NO.5), LOCATED IN THE E ~ OF SECTION 8, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, SHEET 1 OF 1 PRE, \20912-PRE.DWG BKB, DWG DATE: 10/14/02, DWG NO. 20912, REVISED DATE: 03/04/03 BY: BKB, RECEIVED MAR -4 2003 CITY OF MERIDIAN, GEMTONE, INC. & CROSSROADS BUSINESS CENTER, LLC - DEVELOPERS-OWNERS, BECKY BOWCUTT - PLANNER", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS I PRELIMINARY PLAT 1. Sanitary sewer service is via an existing trunkline installed in E. State Avenue and water service to this site shall be via main line extension from the existing main adjacent to the property. Lots 1 and 2, Block 6 do not show services to them. Please revise the plat to show how these lots will be served. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District, however the preliminary plat map doesn't indicate the source. Revise the plat to show how the system is going to be served (ie connection to the existing Gemtone FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 1 (PP-02-028) 4 Subdivision's system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to aU lots within this development. The City of Meridian requires 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. The lots in the preliminary plat will connect to the existing pressure irrigation system that is owned and maintained by Settler's Irrigation District. 3. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 4. A revised landscape plan, in compliance with the City's Landscape Ordinance, shall be submitted to the City Clerk's office for review at least ten day prior to the next public hearing. The revised plan shall include the required landscape buffers adjacent to the existing railroad right-of-way located on Lot 2 Block 6 and adjacent to E. Commercial Street. 5. Applicant shall revise the plat to graphically depict a five foot (5') wide landscape easement along the south side of Lot 2, Block 6, adjacent to the railroad right-of-way. 6. Graphically depict a 20' building setback line adjacent to the western boundary of Lot 1, Block 6. A note has been added to the preliminary plat addressing the 20' setback requirement as well, and will need to be included on the final plat (the 20' setback is to accommodate the possible future extension of Machine Avenue). GENERAL COMMENTS 1. Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 / (PP-02-028) 5 Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 5. Developer shall coordinate mailbox locations with the Meridian Post Office. 6. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian Fire Department. 11. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 1 (PP-02-028) 6 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. (See H. below pertaining to this matter from Council action, and from Christy Richardson's, ACHD Planning Review Supervisor, letter attached as Exhibit "A".) If the City of Meridian requires Commercial Street to be extended as a public street to the of Machine Avenue, then the applicant shall construct Commercial Street as a 40-foot street section within 54-feet of right-of-way, to align with Commercial Street at the intersection of Machine Street. Commercial Street shall align at the west property line, tapering to the north to align with the private segment of Commercial Street, to allow for a future connection if that private road is ever converted/constructed to public road standards. The street shall be posted for "NO PARKING". Install jersey barriers at the terminus of Commercial Street at the east property line to restrict vehicular travel until such time that the existing private road is accepted as a public road by ACHD. If any segment of the existing private road is located on this property, then the roadway shall be rebuilt, or sufficient evidence should be provided that indicates the roadway was constructed to ACHD standards. If the City does not require the extension of Commercial Street, then the applicant shall be required to complete the intersection improvements at Machine Avenue. 2. The applicant may construct a driveway off of the existing Commercial Street to access Lot 2, Block 6, ifthe driveway is in alignment with Commercial Street. If the City of Meridian requires the extension of Commercial Street, access can be taken from that segment, a minimum of 50-feet east of the intersection. Driveways may be constructed as curb cuts with a maximum width of 40-feet Driveways should be paved back a minimum of 30-feet from the edge of pavement. 3. The applicant shall complete construction of Machine Avenue to a 40- foot street section, with curb, gutter and 5-foot wide concrete sidewalk on the east side, from Commercial Street to the terminus of the roadway. Dedicate additional right-of-way as needed to complete the street section. Post the street for "NO PARKING". Provide written approval from the Meridian Fire Department that indicates a turnaround is not required at the northern terminus of Machine Avenue. 4. The applicant may construct a driveway on Machine A venue located a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 1 (PP-02-028) 7 minimum of 50-feet from the Commercial Street intersection. Driveways may be constructed as curb cuts with a maximum width of 40-feet. Driveways should be paved back a minimum of 3D-feet from the edge of pavement. 5. Dedicate 45-feet of right-of-way for the Pine Street extension up to Lot 6, Block 5, transitioning to 96-feet just east of Lot 5, Block 5 by means of a warranty deed. The District does not have impact fee revenues to purchase this right-of-way, so the applicant may enter into an impact fee offset agreement for the dedication of the right-of-way. The offset agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be credited the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time. 6. Improvements to Pine Street are only necessary ifthe applicant intends to take access to Pine Street. If the applicant intends to take access to Pine Street, then the applicant shall improve the street with 24-feet of pavement, and 5-foot wide detached sidewalk. Sidewalk is required on the north side only from the existing terminus of the street to Lot 6, Block 5, and is required on both sides of the street for the remainder. If Pine Street is not improved with 24-feet of pavement, then the applicant shall provide a road trust deposit in the amount of $31,400 for approximately 1,570 lineal-feet of concrete sidewalk. If the applicant constructs Pine Street abutting the site, then the applicant shall provide a temporary turnaround at the western terminus of the roadway. 7. Driveway locations on Pine Street will be determined based on the speed of the roadway. It is anticipated that the speed limit on this segment of Pine Street will be posted at 35 MPH. Driveways on Pine Street shall align or offset a minimum of ISO-feet, from any proposed streets or driveways. Driveways may be constructed as curb return driveway with IS-foot radii and a maximum width of 40-feet. Driveways should be paved back a minimum of 3D-feet from the edge of pavement. Staff recommends that access be taken off of the internal streets, and that Pine Street accesses be discouraged. 8. Hickory Avenue and State Avenue shall be constructed as 40-foot street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 I (PP-02-028) 8 sections with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54- feet of right-of-way. Construct a temporary turnaround at the western terminus of State Avenue because the stub street exceeds the allowed length of ISO-feet. A temporary turnaround shall also be provided at the southern terminus of Hickory Avenue, unless the applicant is proposing to construct Pine Street from its existing terminus to that intersection. 9. Driveways on Hickory A venue and State Avenue shall be located a minimum of 50-feet from any street intersection. Driveways may be constructed as curb cuts with a maximum width of 40-feet. Driveways should be paved back a minimum of 30-feet from the edge of pavement. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which FINDINGS OF l' ACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEM TONE CENTER SUBDIVISION NO.5 / (PP-02-028) 9 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the propelty 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 leE!:al relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fITe-flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 / (PP-02-028) 10 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 8. The proposed subdivision will have an unknown transient population and will have an unknown impact Meridian Fire Department call volumes. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. 9. All building uses and processes to comply with the fire code in effect at the time of construction. 10. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 11. The driveway shall have a clear driving surface which is20' wide available at all times. 12. Provide an approved turnaround on the North end ofN. Machine Ave. D. Adopt the Recommendation of the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 1 (PP-02-028) 11 1. Applicant shall apply for a land use change/site application. 2. The Snyder Lateral courses through the above-mentioned proposed project. Any encroachments within the easement ofthe Snyder Lateral without approved plans and a signed License Agreement are unacceptable. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction.(Apparently, none of the Settler's facilities identified above are located on the applicant's property.) 2. All storm drainage must be retained on-site, and the storm drainage discharge has been approved by Nampa & Meridian Irrigation District into their facility (Jackson Drain). Settler's has no jurisdiction of drainage in this area. 3. Plan reviewlinspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre- construction meeting. F. Adopt the Recommendations of the Central District Health Department as follows: 1. After written approval from appropriate entities are submitted, we can approve this project for central sewage and central water. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Di vision of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 1 (PP-02-028) 12 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the comments of the Meridian Water Department as follows: 1. Lot 2 Block 6 was part of the Elixir project which has never been excepted by the Meridian Water Department. H. Adopt the action of the City Council taken at their March 4,2003 meeting as follows; 1. Pertaining to the alignment problem with Commercial Street and the section to the east, which is private and owned by Elixir Corporation, the geometry ofthe two streets is such that direct alignment is not feasible. Therefore, Ada County Highway District approves an offset of 125 feet. If the private section of Commercial is extended and converted to public, the street will swing north to a new intersection. The applicant shall construct a new intersection at Machine Avenue through the subject property, and this will allow for future connection of the private portion of Commercial Street from the Elixir property. / a .-/II.- By action of the City Council at its regular meeting held on the tV day of IJZ MCI1-- ,2003. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED ~ VOTED ~di.-- VOTED J1P~ COUNCIL WOMAN deWEERD COUNCIL WOMAN McCANDLESS COUNCILMAN NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 1 (PP-02-028) 13 ByJia~A~,~ City Clerk y MA YOR ROBERT D. CORRIE (TIE BREAKER) ~ ~ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. \\\\\\\111111111//// \\ Or: ML:'~., /1, \\,\ -l r C,rtlD '// ~.... ~ -.. '4. ~ P '1117 3 /' a cp'?oPOFVj)'~ '1; % Dated: ~ - ?V-() g ~ 0 l VOTED .---- - - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMTONE CENTER SUBDIVISION NO.5 / (PP-02-028) 14 U~/U7/2003 12:13 FAX 2088886654 MERIDIAN 1'&2 DEFT, 141001 ,...-, .' .. \ ( r\ .....~-2Ic. ~1-.fw~q"'~~i:~ · J\C~ Ada County Highway District Sherry R. Huber, President Susan S. Eastlake, 1st Vice President Dave Bivens. 2nd VIce President David E. Wynkoop, Commissioner John S. Fran dl1ln , Commissioner 318 East 37th StrMt Garden City lD 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us Brad Hawkins-Clark Meridian Planning & Zoning 660 E. Watertower lane Meridian,lD 83642 RE: Gemtone #5 (formerly #4) - changes to Commercial Street location Dear Brad, I had discussions last week with Becky McKay regarding the extension of Commercial Street, east of Machine Avenue. Due to site and design constraints, Site SpeCific RequIrement #1 should be modified in regards to the location of the street. Commercial Street may be constructed on the east side of Machine Avenue, located 125-feet north (measured centerline to centerline) of the existing Commercial Street. Please feel free to call me jf you have any questions. Sincerely, e.~ Christy Richardson Planning Review Supervisor 387-6178 cc: Becky McKay tJ.,..6;i "Ii " March 14, 2003 V AR 03-004 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Fire Department March 18, 2003 ITEM NO. 3-D REQUEST Findings -- Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~ Mr Contacted: V\f2'f\'f\\.J\ .\' t)\Jj(>:)l".ji ) Materials presented at public meetings shall become property of the City of Meridian. Date: (~) (~> (:\., Phone' i.. V''\{ j . "-~~...,,'~ .~_,c.,.' ~'.c..., . __c \ f) \ \ ,/ ...J ~ . \ [ , , . \ \,..i BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF MERIDIAN FIRE ) DEP ARTMENT/CITY OF ) MERIDIAN, FOR A VARIANCE TO ) ALLOW A REDUCTION OF THE ) FRONT BUILDING SETBACK FROM ) 30 FEET TO 22 FEET, TO ALLOW ) FOR A REDUCTION OF THE ) MINIMUM LANDSCAPE BUFFER ) FROM 20 FEET TO 5', FOR THE ) MERIDIAN FIRE DEPARTMENT ) LOCUST GROVE SUBSTATION, ) LOCATED AT 3545 NORTH LOCUST ) GROVE ROAD, MERIDIAN, IDAHO ) CIC 03-04-03 V AR-03-004 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 March 4, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Tom Zabala, and Herb Dairymple, 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, 2003, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 1 of 16 Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code SS 67-6509,6516 and Meridian City Code SS 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Meridian Rural Fire District/Meridian Fire Department, whose address is 540 E. Franklin Road, Meridian, Idaho 83642. 4. The owner of the property is Meridian Rural Fire District/Meridian Fire Department, whose address is 540 E. Franklin Road, Meridian, Idaho 83642. 5. The location of the subject property is presently located in an L-O (Limited Office District), and which subject property is located at 3545 N. Locust Grove Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is on record in the Meridian City Clerk's office, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as L-O (Limited Office District), and which subject property is presently vacant land. 8. The proposed land use of the subject property is to develop the subject property as a Meridian Fire Department substation. 9. That a vicinity map, which is on record with the Meridian City Clerk's office, with the proposed scale approved by the City Council shows property lines, existing streets, proposed district and such other items as required which has been furnished. FINDINGS OF FACT AND CONCLUSIONS OF LA WAND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 2 of 16 10. The Applicant seeks a variance ofthe following provisions of the Meridian City Code, ~11-9-1, MINIMUM YARD SETBACK REQUIREMENTS OF THE ZONING SCHEUDLE OF BULK AND COVERAGE CONTROLS, and ~12-13-12-5 MINIMUM BUFFER WIDTHS OF THE BUFFERS BETWEEN DIFFERENT LAND USES, and if granted the variance for reduction of the front building setback from 30 feet to 22 feet and to allow for reduction of the minimum landscape buffer from 20 feet to 5 feet in an L-O zone, which provides as follows: 11-9-1 MINIMUM YARD SETBACK REQUIREMENTS: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-004 MERIDIAN FIRE DEP AR TMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 3 of 16 E Q) :::l Ol E-co: Q) - "" 'c ~ 6 0 .- -.... 0 ~ Cf.) U- '<""" E :::l E .1: .- Ol Ol X"O.- ~-Q) 0::::; co I - o ..J x- :> '2J2. en 0 C ~O::::::.- ~ o en ~ o co Loa COLO Lo Lo C'? C'? I I I - Q) Q) ~"O _.- a a Cf.) Cf.) 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E e __>--0 .- 0 ro "-" .~.~ \-0 . ~ro(\)(/') Ole 3- ,.......;:::: (\) 0 e.-.~ Ol tt= '-0 ...... 4-l o '-0 ~ p... h -<:to 0- C(~ 8t-' A p; (j} Z<CCO '<C '? ~ p.-p4 <CIA>' ...4,-,0 ~ 7J~~ o C) %4t; ~>-B (/)40 30...4 ()~t-'f:-l Bf:-l~~ ~~~~ <!'."l<C<C op,.t1 DU;~A ~~~~ ~p~~ (j}O~~ o p:;-- Sp4~~ ~~~~ AND 12-13-12-5: MINIMUM BUFFER WIDTHS: The minimum buffer width between incompatible land uses is based on the following table: Intensity Class Of Adjacent Use Intensity Class Of Proposed Use I II III II III IV V 20 20 2 o 2 2 o 0 322 050 IV 25 V 35 Table Notes: A. Buffer widths are shown in feet. B. No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. I n such cases, the lower intensity use must provide the buffer as per section 12-13-12-2 of this chapter. c. The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of section 12-13-10 of this chapter apply. (Ord. 895A, 12-5-2000) 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 7 of 16 Planning and Zoning Department 12. It is found that there are special circumstances or conditions affecting the property that make the strict application of the provisions of this Title impracticable or unreasonable. Life safety design needs for fire truck turning radii are special to this use only. Also, the precedent has been set by granting a similar variance to the Ten Mile Fire Substation. 13. As stated above in number 12, it is found that there are special circumstances that make strict compliance unreasonable. The applicant has attempted to purchase additional land to bring the site into conformance without a variance, but was unable to reach an agreement with the adjacent property owner. The applicant also did a search for other suitable available property in the area that would meet Fire Dept. response time needs, but the search was unsuccessful. 14. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area. 15. That the issuance of the requested variance will not have the effect of altering the interest and purpose of the Zoning Ordinance. 16. That the applicant is required to comply with the Meridian Fire Department's requirements listed in their February 20,2003 letter. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 8 of 16 variance permits. 2. The City of Meridian has exercised its authority ofIdaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509,6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in 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 of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 11-9-1, MINIMUM YARD SETBACK REQUIREMENTS FINDINGS OF FACT AND CONCLUSIONS OF LA WAND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBST A nON MERIDIAN FIRE DEPARTMENT Page 9 of 16 OF THE ZONING SCHEUDLE OF BULK AND COVERAGE CONTROLS, and 912-13-12-5 MINIMUM BUFFER WIDTHS OF THE BUFFERS BETWEEN DIFFERENT LAND USES and if granted the variance for reduction ofthe front building setback from 30 feet to 22 feet in an L- o zone, which provides as follows: 11-9-1 MINIMUM YARD SETBACK REQUIREMENTS: FINDINGS OF FACT AND CONCLUSIONS OF LA WAND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 10 of 16 E Q) :J 0) E......ro Q)...... -I< .- Q) C 0 -I< ! ~ ~ C ~ 0 0 0 --......... ~ 0 0 LO 0 0 ~U)u.. ...- m CO <DLO L!) LO Z z E :J E ...... \0 . .c: .- 0) 0) ........ 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Ol-<" ._ \.- C (fl<DO - .....S-:;<C'-l o w 01 _(\)C\O S ~ ~ . ~Q)""'--e. Sc.:2:'O .- 0 ca.:;;../ .~...;:::;..... . ~~(\)(fl __.rJJ ~ % e,t;; o>tj::: ...0 ...... ....... o en ...... ll> ~ po, ~ -gg q~ 8~ p ~ r/.l ~~~ ~~~ ~0b p..~c'< 0<>..0 ~~t; 9~~ r/.l<t...O OO~ d~~~ 5t--'~~ O~~~ A~~~ 7J 0 .~ 4:. 4:.6~~ D~pP ~d~~ ~~i-'i-' Ol-"p..p.. '8~~~ g~~~ ~~~~ AND 12-13-12-5: MINIMUM BUFFER WIDTHS: The minimum buffer width between incompatible land uses is based on the following table: Intensity Class Of Adjacent Use Intensity Class Of Proposed Use I II III II III IV V 20 20 2 o 2 2 o 0 322 050 IV 25 V 35 Table Notes: A. Buffer widths are shown in feet. B. No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per section 12-13-12-2 of this chapter. C. The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of section 12-13-10 of this chapter apply. (Ord. 895A, 12-5-2000) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 14 of 16 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance to allow a reduction of the front building setback from 30 feet to 22 feet and to allow for a reduction of the minimum landscape buffer from 20 feet to 5 feet, and the applicant is required to comply with the Meridian Fire Department's requirements listed in their February 20, 2003 letter for the Meridian Fire Department Locust Grove Substation located at 3545 North Locust Grove Road, Meridian, Idaho in the L-O zone. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code 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 MINIl'v1UM YARD SETBACK REQUIREMENTS OF THE ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS and MINIMUM BUFFER WIDTHS OF THE BUFFERS BETWEEN DIFFERENT LAND USES requirements in the L-O Zone as provided in the Sections 11-9-1 and 12-13-12-5 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 / g/!;. day of m~Ol0 ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 15 of 16 ROLL CALL: COUNCILMAN KEITH BIRD VOTED-$-tL COUNCIL WOMAN CHERIE McCANDLESS VOTED~ VOTED~ COUNCIL WOMAN TAMMY de WEERD COUNCILMAN WILLIAM L.M. NARY VOTED /J6~ MA YOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~7-[13 -03 VOTED - MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ByJ~~~90 City Clerk Dated: l:\Work\M\Meridian\Meridianl 5360M\locust Grove Substatirn for Meridian Fire Dept V AR-03-o04\FfClsGrantVariancc.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-004 MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION MERIDIAN FIRE DEPARTMENT Page 16 of 16 March 14, 2003 CUP 02-047 MERIDIAN CITY COUNCIL MEETING APPLICANT Lystrupj Jensen Architects March 18, 2003 ITEM NO. 3-E. REQU EST Findings -- Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary -- south of East Overland Road and east of South Locust Grove AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See attached Findings 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: T~~(~bM rilnf:~\I'L~l'M- Tholl r\O O'trLOJl4l= Contacted: . i ( .. '. Date~-;;;,j;JJD.3 Phone: f)3~?yLj0?13 Materials presented at public meetings shall become property of the City of Meridian. ~vU BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR MOUNTAIN VIEW SENIOR SEMINARY IN AN R-8 ZONE, LOCATED APPROXIMATELY A ~ MILE SOUTH OF E. OVERLAND ROAD, ON THE EAST SIDE OF S. LOCUST GROVE ROAD, MERIDIAN, IDAHO L YSTRUP/JENSEN ARCHITECTS, APPLICANT CIC 03/04103 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-047 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 4,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Jim Lystrup, and Richard Schmidt, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 4,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 4, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-8 zone and by reason ofthe provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located approximately a % mile south ofE. Overland Road, on the east side ofS. Locust Grove Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner of record of the subject property is Church of Jesus Christ of Latter- Day-Saints, P.O. Box 186, Ucon, Idaho 83454-0186. 6. Applicant is Lystrup/Jensen Architects, 1133 Call Creek Place, Pocatello, Idaho 83201. 7. The subject property is currently zoned R-8 (Medium Density Residential). The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of construction and operation of a 4 classroom seminary, located at the Overland and Locust Grove LDS Church in an R-8 zone. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Residential". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the govenunental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 3 subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. At the southeast comer of this project construct a gate to allow neighboring homeowners to access their water delivery point. Locks shall be provided by the immediate property owners. Gates cannot be used for public access and the gate shall remain on the southeast corner of the applicant's property. The traditional water delivery will continue as required by Idaho Code. 2. The applicant will work with the Fire Department to ensure that the Fire Department has access where needed on the subject property. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. The submitted landscape plan shall be revised as follows: a. Two landscaping islands shall be added to the eastern row of parking spaces in the proposed parking lot expansion. b. One landscaping island shall be added to the western row of parking spaces in proposed parking lot expansion. c. One tree must be added for every 8,000 square feet of proposed open area. d. One tree must be added for every 35' of linear parking along the eastern boundary ofthe proposed parking lot expansion. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 e. A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. Graphically depict the proposed pedestrian pathway that will connect the seminary building with Mountain View High School. Applicant shall submit a copy ofthe executed License Agreement with Nampa & Meridian Irrigation District or other evidence ofNampa & Meridian Irrigation District approval for the pedestrian easement across the Hunter Lateral facility prior to issuance of building permits. 3. Add handicapped parking spaces near the front entrance of the seminary building. 4. Graphically depict the existing trash enclosure and outbuilding on the site plan. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. All parking shall be striped and improved in accordance with the Meridian City Code. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-IC. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 ( obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions! condi !ions. 13. Gate is to be added at the south east comer of proj ect to allow neighbors to access water. 14. Applicant will work with Fire Department to ensure fire access is appropriate. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project shall have a fire-flow as required by the Uniform Fire Code. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-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 the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. The addresses shall be posted in 6" numbers on the street side of the building. A monument sign with the address may be required on Locust Grove Rd. 6. The project will have to meet the requirements ofthe Fire Code in effect at the time of the project submittal 7. Provide a 20' wide fire lane around the project. 8. Turning radii to be maintained at 28' inside radius and 48' outside radius. 9. Provide an on site fire hydrant on the SE comer ofthe new parking lot. The location to be approved by the Meridian Fire Department. 14. That although some minor modifications will need to be made to the landscape FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 plan and the parking plan, it is found that the subject property is large enough to accommodate the required parking, landscaping, and other features required by the addition of the seminary building. 15. The current Comprehensive Plan Land Use Map designates the subject property as "Residential" and is currently zoned "R-8". It is found that the requested seminary building use and planned use development is a "Conditional Use" according to MCCI1-8-I. It is found that if the planned development and seminary building use is approved with conditions, the use will be compatible with the Meridian Zoning Ordinance and the Comprehensive Plan. 16. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity (currently mix of residential and institutional uses). 17. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 18. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer. 19. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 20. It is found that no excessive traffic, smoke fumes, glare or odors will result from the proposed use. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 22. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms ofthe ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 ofthis Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of construction and operation of a 4 classroom seminary, located at the Overland and Locust Grove LDS Church in an R-8 zone located approximately a Y4 mile south of E. Overland Road, on the east side of S. Locust Grove Road, Meridian, subj ect to the following conditions of use and development, subj ect to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. At the southeast corner of this project construct a gate to allow neighboring homeowners to access their water delivery point. Locks shall be provided by the immediate property owners. Gates cannot be used for public access and the gate shall remain on the southeast comer of the applicant's property. The traditional water delivery will continue as required by Idaho Code. 2. The applicant will work with the Fire Department to ensure that the Fire Department has access where needed on the subj ect property. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. The submitted landscape plan shall be revised as follows: a. Two landscaping islands shall be added to the eastern row of parking spaces in the proposed parking lot expansion. b. One landscaping island shall be added to the western row of parking spaces in proposed parking lot expansion. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 c. One tree must be added for every 8,000 square feet of proposed open area. d. One tree must be added for every 35' of linear parking along the eastern boundary of the proposed parking lot expansion. e. A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. Graphically depict the proposed pedestrian pathway that will connect the seminary building with Mountain View High School. Applicant shall submit a copy ofthe executed License Agreement with Nampa & Meridian Irrigation District or other evidence ofNampa & Meridian Irrigation District approval for the pedestrian easement across the Hunter Lateral facility prior to issuance of building permits. 3. Add handicapped parking spaces near the front entrance of the seminary building. 4. Graphically depict the existing trash enclosure and outbuilding on the site plan. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance II-13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. All parking shall be striped and improved in accordance with the Meridian City Code. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% ofthe cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions! conditions. 13. Gate is to be added at the south east comer of project to allow neighbors to access water. 14. Applicant will work with Fire Department to ensure fire access is appropriate. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The proj ect shall have a fire-flow as required by the Uniform Fire Code. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-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 the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. The addresses shall be posted in 6" numbers on the street side of the building. A monument sign with the address may be required on Locust Grove Rd. 6. The project will have to meet the requirements of the Fire Code in effect at the time of the project submittal 7. Provide a 20' wide fire lane around the project. 8. Turning radii to be maintained at 28' inside radius and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 9. Provide an on site fIre hydrant on the SE comer ofthe new parking lot. The location to be approved by the Meridian Fire Department. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Ifjl!> day of Il?MC.-/U ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED jea..- COUNCILWOMAN TAMMY deWEERD VOTED~1-- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 COUNCILWOMAN CHERIE Mc CANDLESS VOTED$--- COUNCILMAN WILLIAM L.M. NARY VOTED 1l6f:e.d- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 3-/9-03 - VOTED MOTION: n~ APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:A-~P~ 9- City Clerk Dated: 3- U ...-03 Z:\ Work\M\Meridian\Meridian 15360M\Mamlain View Senior Seminary CUP-02-047\FfClsCUP02.(l47.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/04/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR MOUNTAIN ) VIEW SENIOR SEMINARY IN AN ) R-8 ZONE, LOCATED ) APPROXIMATELY A Y4 MILE ) SOUTH OF E. OVERLAND ROAD, ) ON THE EAST SIDE OF S. LOCUST ) GROVE ROAD, MERIDIAN, ) IDAHO ) ) L YSTRUP/JENSEN ARCHITECTS, ) ) APPLICANT ) ) Case No. CUP-02-047 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the March 4, 2003, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of construction and operation of a 4 classroom seminary, located at the Overland and Locust Grove LDS Church in an R-8 zone located approximately a Y4 mile south of E. Overland Road, on the east side of S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-02-047) - 1 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. At the southeast comer of this project construct a gate to allow neighboring homeowners to access their water delivery point. Locks shall be provided by the immediate property owners. Gates cannot be used for public access and the gate shall remain on the southeast comer ofthe applicant's property. The traditional water delivery will continue as required by Idaho Code. 2. The applicant will work with the Fire Department to ensure that the Fire Department has access where needed on the subject property. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. The submitted landscape plan shall be revised as follows: a. Two landscaping islands shall be added to the eastern row ofparking spaces in the proposed parking lot expansion. b. One landscaping island shall be added to the western row ofparking spaces in proposed parking lot expansion. c. One tree must be added for every 8,000 square feet of proposed open area. d. One tree must be added for every 35' of linear parking along the eastern boundary of the proposed parking lot expansion. e. A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. Graphically depict the proposed pedestrian pathway that will connect the seminary building with Mountain View High School. Applicant shall submit a copy of the executed License Agreement with Nampa & Meridian Irrigation District or other evidence ofNampa & Meridian Irrigation District approval for the pedestrian easement across the Hunter Lateral facility prior to issuance of building permits. 3. Add handicapped parking spaces near the front entrance of the seminary building. ORDER CONDITIONAL USE PERMIT (CUP-02-047) -2 4. Graphically depict the existing trash enclosure and outbuilding on the site plan. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. All parking shall be striped and improved in accordance with the Meridian City Code. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridi an standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% ofthe cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions! conditions. 13. Gate is to be added at the south east comer of proj ect to allow neighbors to access ORDER CONDITIONAL USE PERMIT (CUP-02-047) -3 water. 14. Applicant will work with Fire Department to ensure fire access is appropriate. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. The project shall have a fire-flow as required by the Uniform Fire Code. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-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 the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. The addresses shall be posted in 6" numbers on the street side of the building. A monument sign with the address may be required on Locust Grove Rd. 6. The project will have to meet the requirements of the Fire Code in effect at the time of the project submittal 7. Provide a 20' wide fire lane around the project. 8. Turning radii to be maintained at 28' inside radius and 48' outside radius. 9. Provide an on site fire hydrant on the SE comer ofthe new parking lot. The location to be approved by the Meridian Fire Department. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-02-047) -4 By action of the City Council at its regular meeting held on the / f3-M day of 1/1tbu;/t- ,2003. rt D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY~':-~~ ~ lty Clerk . Dated: 3,.. 2-tJ .-/J 5 _ Y. !") ~ ~ 0.. n.() ~ -;. "y.: '>01 ,,-'" .... ~:o 'Sr 18\. .-P $ ~ ;,y ~. .~ /,1 r\", \.("\ ~. " /1 ......:;, it ~.. h;-" ,V,, //;, , - ' 1. \,\ z:\ Work\M\Meridian\Meridian I 5360M\Mountain View Senior Seminary CUP-02-047\OrderCUP .doc':' ".\ \\\ ORDER CONDITIONAL USE PERMIT (CUP-02-047) -5 March 14, 2003 RZ 02-009 MERIDIAN CITY COUNCIL MEETING APPLICANT Tamura and Associates March 18, 2003 ITEM NO. 3-F REQUEST Findings - Request for a Rezone of 0.17 acres from R-8 to O-T zones for Bentley Apartments - 518 East Broadway Avenue 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: Contacte~~ ~9:IDi See attached Findings fffrf 0 v-V !vrr Date:~\ 14 \ D3 Phone: 34~~'3L Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF .17 ACRE FROM R-8 TO 0- T ZONE FOR BENTLEY APARTMENTS, LOCATED AT 518 E. BROADWAY A VENUE, MERIDIAN, IDAHO TAMURA & ASSOCIATES, APPLICANT C/C 03-04-03 ) ) ) ) ) ) ) ) ) ) Case No: RZ-02-009 FINDINGS OJ' FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .17 acre having come on for public hearing on March 4, 2003, at the hour of 7:00 o'clock p.m., and Council having received the repOlt of DaVId McKinnon Plalmer II of the Planning and Zoning Department, and Bruce Preckleton of the Public Works Department, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Teresa Bentley, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 4,2003, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE .FROM R~8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) - 1 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said l)earing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 4, 2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately .17 acre in size. The property is located at 518 E. Broadway Avenue, Meridian, Id~ho, and a copy of the legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner ofrecord of the subject property is Teresa Bentley, 2929 Wildwood Street, Boise, Idaho 83713. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS I (RZ-02-009) - 2 6. 83702. 7. residence. 8. 9. The Applicant is Tamura & Associates, 499 Main Street, Boise, Idaho The property is presently zoned as R-8 and consists of a single family The Applicant requests the property be rezoned as 0- T. The proposed site is bordered to the north by single-family residential (zoned R-8), to the south by industrial property (zoned I-L), to the east and west by multi-family residential (zoned R-8). 10. The property which is the subject ofthis application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Remove the existing small single-family residence and construct a single four unit multi-family apartment building. 13. The Applicant requests rezoning of the subject real property as O-T. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the subject property as "Old Town (0- T)". 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The City Council recognizes the concerns of Wendell Bigham, Joint School District No.2, expressed in his letter dated January 7,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) - 3 16. In review of the application for rezone it is provided at Meridian City Code S 11-I5-I1for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 16.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 16.2 The area included in the zoning amendment is not intended to be rezoned in the future; 16.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character ofthe same area, subject to the conditions of the conditional use process; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 16.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 16.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 16.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning will be in the best interest of the City of Meridian. FINDINGS OF FACT AND OJNCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O~T FOR BENTLEY APARTMENTS / (RZ-02-009) - 4 16.2 Staff and Agency recommendations and/or conditions provide as follows: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC CONDITIONS OF APPROV AL 1. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. 2. Assessments for sewer and water service are determined during the building permit application process. 3. In accordance with MCC Il-13-4.B.2, underground year-round pressurized irrigation must be provided to rllllandscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 4. Landscaping: PerMCC 11-13-4.B.l andMCC 12-13 landscaping is required on site for all multi-family residences. The Applicant is proposing several (2) two-inch caliper trees, lawn, and shrubs and staff finds that this meets the basic requirements ofthe ordinances. A detailed landscape plan, in accordance with the Landscape Ordinance will be required at the time CZC submission. All trees must be kept outside of the public right-of-way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. 5. Fencing: The proposed 6 foot vinyl fencing located on the east and west property line shall be reduced to three feet (3 ') within twenty feet (20') ofthe north or south property line in accordance with the MCC. 6. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. The Trash enclosure shall be incompliance with section ll-12-l.C of the MCC. 7. SignificanT alteration of elevations approved as part of the conditional use permit will not be considered without modification of the conditional use permit and additional public hearings. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS I (RZ-02-009) - 5 8. The internal sidewalk shall be allowed at a reduced width of three and one-half feet (3.5') in width and shall be extended to the north and east to provide access to all of the parking stalls proposed for this development. STANDARD CONDITIONS OF APPROVAL 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State ofldaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications witl1 the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Outside lighting, whether attached to the principal building or located within the parking lot shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with the MCC. 5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Per Ordinance Il-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE H10M R-8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) - 6 Site Specific Conditions of Approval (Subiect to Development) 1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parcel. The sidewalk shall tie into the existing sidewalk on either side ofthe development. If ACHD changes this condition to allow a four foot (4') sidewalk to match the existing sidewalk on neighboring parcels, the reduction is allowed. 2. Provide a payment of$I,200 to the ACHD Maintenance Department for the paving of the alley abutting the site. ACHD will be responsible for the paving of the entire alley abutting the site from East 5th Street to East 6th Street. 3. Provide a minimum of 22-feet of back-up space (measured from the back of the parking stall to the opposite side of the alley) for the proposed perpendicular parking off of the alley, as proposed. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) -7 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 #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right~of~way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written 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 of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the kecommendations of the Meridian Fire Department as follows: 1. The project shall have a fire-flow as required by the Uniform Fire Code for four 4-plex buildings. This is estimated to be a fire-flow of 1,750 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350' 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 the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) - 8 5. The addresses shall be posted in 6" numbers on the street side of the building & small unit numbers shall be posted on each entry door. D. Adopt the Comments ofthe Meridian Water Department as follows: 1. The lot has a single % inch meter. It may need upgraded to a larger size. 17. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "Old Town (O-T)", and the zoning designation is in accordance with the Comprehensive Plan. The text of the Comprehensive Plan (page 99) supports the construction of multi-family uses within the 0- T zone. 17. It is found that the proposed fe-zone and accompanying development plans comply with the requested zone, and it is not anticipated that the property will be rezoned in the future. 18. It is found that the Applicant has submitted detailed development plans for the property as part of the application, and that the proposed development may be allowed with the approval of a conditional use permit in the proposed 0- T zone. 19. It is found that the recent adoption ofthe City's new Comprehensive Plan has provided the applicant with the ability to request the 0- T zone for the sebject property. It is also found that there have been no physical changes in the area that dictate how the property should be rezoned. 20. It is found that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood (four-plexes) and intended character of the area. It is also found that additional architectural features could be FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS I (RZ-02-009) .9 added to the southern elevation of the building to give the proposed building a more attractive street appearance. 21. It is found that the rezone to 0- T should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the 0- T zone may be disturbing to future or existing neighbors; however it is anticipated that the proposed development should not be hazardous or disturbing to the neighboring uses. 22. It is found that the proposed uses will be adequately served by all essential public services and facilities. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 24. It is found that the proposed 0- T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 25. It is found that the proposed 0- T zoning will not interfere with general traffic patterns on any public streets. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. 27. It is found that the zoning amendment would be in the best interest of the City by allowing a property owner to make improvements to the property that would otherwise not be allowed without the rezone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R~8 TO O-T FOR BENTLEY AP ARTMF.NTS I (RZ-02-009) - 10 CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Old Town (O-T) is defined in the Zoning Ordinance at 11-7-2 L as follows: (O-T) Old TOWIl District: The purpose of the O-T District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a tmly urban City center. The District shall be served by the Municipal water :md sewer systems of the City. Development in this District must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 4. Idaho Code ~ 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-6511A provides: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) - 11 Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the USC0r development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code gll-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. S 11-6-1 ZONING DISTRlCT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. S 11-15-11ofthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission a.1'Jd Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS I (RZ-02-009) - 12 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zomng. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property n)' t~e general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS I (RZ-02-009) - 13 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .17 acre to remove the existing small single-family residence and construct a single four unit multi-family apartment building under the proposed O-T zone, is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. 2. Assessments for sewer and water service are determined during the building permit application process. 3. In accordance with MCC 11-13-4.B.2, underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 4. Landscaping: Per MCC 11-13-4.B.l and MCC 12-13 landscaping is required on site for all multi-family residences. The Applicant is proposing several (2) two-inch caliper trees, lawn, and shrubs and staff finds that this meets the basic requirements of the ordinances. A detailed landscape plan, in accordance with the Landscape Ordinance will be required at the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) - 14 time CZC submission. All trees must be kept outside of the public right-of-way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. 5. Fencing: The proposed 6 foot vinyl fencing located on the east and west property line shall be reduced to three feet (3') within twenty feet (20') of the north or south property line in accordance with the MCC. 6. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and desigl1 .)fthe trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. The Trash enclosure shall be incompliance with section ll-12-1.C of the MCC. 7. Significant alteration of elevations approved as part of the conditional use permit will not be considered without modification of the conditional use permit and additional public hearings. 8. The internal sidewalk shall be allowed at a reduced width of three and one-halffeet (3.5') in width and shall be extended to the north and east to provide access to all of the parking stalls proposed for this development. STANDARD CONDITIONS OF APPROVAL 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance andlor as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (At~A) requirements. 3. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Outside lighting, whether attached to the principal building or located within the parking lot shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with the MCC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMEI.ffS I (RZ-02-009) - 15 5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Per Ordinance 11-17 -4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval (Subiect to Development) 1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parcel. The sidewalk shall tie into the existing sidewalk on either side of the development If ACHD changes this condition to allow a four foot (4') sidewalk to match the existing sidewalk on neighboring parcels, the reduction is allowed. 2. Provide a payment of$I,200 to the ACHD Maintenance Department for the paving of the alley abutting the site. ACHD will be responsible for the paving of the entire alley abutting the site from East 5th Street to East 6th Street. 3. Provide a minimum of 22-feet of back-up space (measured from the back of the parking stall to the opposite side of the alley) for the proposed perpendicular parking off of the alley, as proposed. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) - 16 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho 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 #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Exi.sting utilities damaged by the applicant shall be repaired by the applicant at no cos'~ iO ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written 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 of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE .FROM R-S TO 0- T FOR BENTLEY APARTMENTS / (RZ-02-009) - 17 C. Adopt the Reconunendations of the Meridian Fire Department as follows: 1. The project shall have a fire-flow as required by the Uniform Fire Code for four 4-plex buildings. This is estimated to be a fire-flow of 1,750 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. The addresses shall be posted in 6" numbers on the street side of the building & small unit numbers shall be posted on each entry door. E. Adopt the Comments ofthe Meridian Water Department as follows: 1. The lot has a single % inch meter. It may need upgraded to a larger size. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (0- T) Old Town (Meridian City Code S 11-7-2 L) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staft of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO 0- T FOR BENTLEY APARTMENTS / (RZ-02-009) - 18 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on~cIt- /8,2003. ROLL CALL COUNCILMAN BIRD VOTED~ COUNCIL WOMAN deWEERD VOTED~ VOTED ~ COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED /1b~ - MAYOR ROBER'f CORRIE (TIE BREAKER) DATED: ;]-/8-0..3 VOTED MOTION: ~ APPROVED: . DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. \\\\\11\111111111/1111 ,"\..j Of MFRIt) 11111 ,~ ~ "\ '4 "'i ~... c} o~poftq {; '1--""~ Dated: 3- Zo-tJ3 f.R ~o "% By:dk-:..~ IJ~L~ City Clerk - :: - ~ , , ~. Z:\ Work\M\Meridian\Meridian 15360M\Bentey Apls RZ-02-009 CUP-02-o48\FfsClsOrderREZdoc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .17 ACRE FROM R-8 TO O-T FOR BENTLEY APARTMENTS / (RZ-02-009) - 19 March 14/2003 CUP 02-048 MERIDIAN CITY COUNCIL MEETING APPLICANT Tamura and Associates March 18, 2003 ITEM NO. 3- G REQUEST Findings - Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed O-T zone for Bentley Apartments - 518 East Broadway Avenue 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: See attached Findings ~..-.v ,/ INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted:~~M.w ~ Date:~ Phone:~\~-~C\2)\ Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MUL TI- FAMIL Y DWELLING UNIT IN AN O-T ZONE, LOCATED AT 518 E. BROADWAY AVENUE, MERIDIAN, IDAHO TAMURA & ASSOCIATES, APPLICANT C/C 02/25/03 ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-048 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 4,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Teresa Bentley, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 4, 2003, before the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\HT - 1 ( City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 4,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-8 zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 518 E. Broadway Avenue, Meridian, Idaho. 5. The owner of record ofthe subject property is Teresa Bentley, 2929 Wildwood Street, Boise, Idaho 83713. 6. Applicant is Tamura & Associates, 499 Main Street, Boise, Idaho 83702. 7. The subject property is currently zoned R-8. There is, however, an application for rezone from R-8 to 0- T zone before the City Council. The zoning district of 0- T (Old Town) is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a multi-family dwelling unit in O-T (Old Town) zone. The O-T zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 8. The adopted Comprehensive Plan's Future Land Use Map delineates the subject property as "Old Town". 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Wendell Bigham, Joint School District No.2, expressed in his letter dated January 7,2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Extend sidewalks to go in front ofthe parking area. 2. Existing fencing can be used; applicant is not required to put up new vinyl fencing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROV AL 1. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. 2. Assessments for sewer and water service are determined during the building permit application process. 3. In accordance with MCC 11-13-4.B.2, underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water i s proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 4. Landscaping: PerMCC 11-l3-4.B.I andMCC 12-13 landscaping is required on site for all multi-family residences. The Applicant is proposing several (2) two-inch caliper trees, lawn, and shrubs and staff finds that this meets the basic requirements of the ordinances. A detailed landscape plan, in accordance with the Landscape Ordinance will be required at the time CZC submission. All trees must be kept outside of the public right-of-way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. 5. Fencing: The proposed 6 foot vinyl fencing located on the east and west property line shall be reduced to three feet (3 ') within twenty feet (20') ofthe north or south property line in accordance with the MCC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 6. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design ofthe trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. The Trash enclosure shall be incompliance with section 11-12-1.C of the MCC. 7. Significant alteration of elevations approved as part of the conditional use permit will not be considered without modification of the conditional use permit and additional public hearings. 8. The internal sidewalk shall be allowed at a reduced width of three and one-half feet (3.5 ') in width and shall be extended to the north and east to provide access to all of the parking stalls proposed for this development. STANDARD CONDITIONS OF APPROVAL 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Outside lighting, whether attached to the principal building or located within the parking lot shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with the MCC. 5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. Per Ordinance 11-17 -4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parcel. The sidewalk shall tie into the existing sidewalk on either side of the development. If ACHD changes this condition to allow a four foot (4') sidewalk to match the existing sidewalk on neighboring parcels, the reduction is allowed. 2. Provide a payment of$1,200 to the ACHD Maintenance Department for the paving ofthe alley abutting the site. ACHD will be responsible for the paving of the entire alley abutting the site from East 5th Street to East 6th Street. 3. Provide a minimum of 22-feet of back-up space (measured from the back of the parking stall to the opposite side of the alley) for the proposed perpendicular parking off of the alley, as proposed. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe 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 #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written 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 of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project shall have a fITe-flow as required by the Uniform Fire Code for four 4-plex buildings. This is estimated to be a fire-flow of 1,750 gallons per minute available for a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix ill-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 the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. The addresses shall be posted in 6" numbers on the street side of the building & small unit numbers shall be posted on each entry door. E. Adopt the Comments of the Meridian Water Department as follows: 1. The lot is currently supplied with a 3/4 inch water meter and may need upgraded to a larger size. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features. The proposed reductions for landscaping and parking are approved. 15. That the proposed development plan is in harmony with the Amended Meridian Comprehensive Plan and that the project meets the requirements and objectives of the Zoning Ordinances. 16. It is found that the design concept is compatible with the other (adjacent) multi- family uses in the general neighborhood and the existing/intended character ofthe area. It is also found that the proposed improvements would bring the property closer to the intended character of the area by replacing the existing small residential structure with a new, higher density residential uses. 17. It is not anticipated that the proposed development will have an adverse impact on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 the surrounding property. 18. It is found that the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer, if improvements are made by the applicant in accordance with existing policies, ordinances and Uniform Codes. 19. That the proposed use will not create additional requirements at public cost for public facilities and services, nor would the proposed improvements be detrimental to the economic welfare of the community. 20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets, if street and parking improvements are designed in conformance with ACHD requirements. Parking access is taken off the alley, not from Broadway. 22. It is found that the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Zoning Commission by ordinance pursuant to Idaho Code Section 67 -6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Old Town District (O-T), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a multi- family dwelling unit in O-T (Old Town) zone located at 518 E. Broadway Avenue, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 1. Extend sidewalks to go in front of the parking area. 2. Existing fencing can be used; applicant is not required to put up new vinyl fencing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. 2. Assessments for sewer and water service are determined during the building permit application process. 3. In accordance with MCC 11-13-4.B.2, underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 4. Landscaping: Per MCC 11-13-4.B.l and MCC 12-13 landscaping is required on site for all multi-family residences. The Applicant is proposing several (2) two-inch caliper trees, lawn, and shrubs and staff finds that this meets the basic requirements of the ordinances. A detailed landscape plan, in accordance with the Landscape Ordinance will be required at the time CZC submission. All trees must be kept outside of the public right-of-way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. 5. Fencing: The proposed 6 foot vinyl fencing located on the east and west property line shall be reduced to three feet (3') within twenty feet (20') of the north or south property line in accordance with the MCC. 6. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. The Trash enclosure shall be incompliance with section 11-12-1.C of the MCC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 7. Significant alteration of elevations approved as part ofthe conditional use permit will not be considered without modification ofthe conditional use permit and additional public hearings. 8. The internal sidewalk shall be allowed at a reduced width oftbree and one-half feet (3.5 ') in width and shall be extended to the north and east to provide access to all of the parking stalls proposed for this development. STANDARD CONDITIONS OF APPROVAL 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all 0 ff-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Outside lighting, whether attached tot he principal building 0 r located within the parking lot shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with the MCC. 5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Per Ordinance lI-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period 0 f eighteen ( 18) ill onths unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 Site Specific Conditions of Approval 1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parcel. The sidewalk shall tie into the existing sidewalk on either side of the development. If ACHD changes this condition to allow a four foot (4') sidewalk to match the existing sidewalk on neighboring parcels, the reduction is allowed. 2. Provide a payment of$I,200 to the ACHD Maintenance Department for the paving of the alley abutting the site. ACHD will be responsible for the paving of the entire alley abutting the site from East 5th Street to East 6th Street. 3. Provide a minimum of 22-feet of back-up space (measured from the back ofthe parking stall to the opposite side of the alley) for the proposed perpendicular parking off of the alley, as proposed. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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 #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. The project shall have a fire- flow as required by the Uniform Fire Code for four 4-plex buildings. This is estimated to be a fire-flow ofl,750 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACI' AND CONCLUSIONS OF LAW AND DECISION ANDLORDER GRANTING CONDITIONAL USE PERMIT - 16 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. The addresses shall be posted in 6" numbers on the street side of the building & small unit numbers shall be posted on each entry door. F. Adopt the Comments ofthe Meridian Water Department as follows: 1. The lot is currently supplied with a 3/4 inch water meter and may need upgraded to a larger size. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the Igt!::- day of IJZM~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED ~ COUNCILWOMAN CHERIE Me CANDLESS VOTED$--- COUNCILMAN WILLIAM L.M. NARY VOTED #i;~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: .;3-1&-03 VOTED ---- MOTION: ~ APPROVED: DISAPPROVED: \\\\\11111111/// Copy served upon Applicant, Planning and Zoning Department, Public Works ,,"""Of ME;)!;;'IIII" Department and the City Attorney. ,,-"'."(j<;'-4. pop""";; 1'''11,.- ~~ , rO?t '''11'", __ .:- ..'-V '() -:;,. .:: ~ ~ - - - - By:JI~~P~~ City Clerk Dated: .J-2f/-C$ - - Z:\Work\M\Meridian\Mcridian I 5360M\Bcntley Apts RZ-02-009 CUP-02-04S\FfClsCUP02-04S.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MUL TI- FAMILY DWELLING UNIT IN AN O-T ZONE, LOCATED AT 518 E. BROADWAY AVENUE, MERIDIAN, IDAHO TAMURA & ASSOCIATES, APPLICANT C/C 03/04/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-048 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the March 4, 2003, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a multi- family dwelling unit in an O-T zone located at 518 E. Broadway Avenue, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Extend sidewalks to go in front of the parking area. 2. Existing fencing can be used; applicant is not required to put up new vinyl fencing. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-048) -1 SITE SPECIFIC CONDITIONS OF APPROV AL 1. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. 2. Assessments for sewer and water service are determined during the building permit application process. 3. In accordance with MCC 11-13-4.B.2, underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall b e responsible to pay water assessments for the landscaped areas. 4. Landscaping: Per MCC 11-13-4.B.l and MCC 12-13 landscaping is required on site for all multi-family residences. The Applicant is proposing several (2) two-inch caliper trees, lawn, and shrubs and staff finds that this meets the basic requirements of the ordinances. A detailed landscape plan, in accordance with the Landscape Ordinance will be required at the time CZC submission. All trees must be kept outside of the public right-of-way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. 5. Fencing: The proposed 6 foot vinyl fencing located on the east and west property line shall be reduced to three feet (3 ') within twenty feet (20') ofthe north or south property line in accordance with the MCC. 6. Applicant shall coordinate with Sanitary Services Corporation (SSe) regarding the location and design ofthe trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. The Trash enclosure shall be incompliance with section ll-12-1.C of the MCC. 7. Significant alteration of elevations approved as part of the conditional use permit will not be considered without modification of the conditional use permit and additional public hearings. ORDER CONDITIONAL USE PERMIT (CUP -02-048) -2 8. The internal sidewalk shall be allowed at a reduced width of three and one-half feet (3.5') in width and shall be extended to the north and east to provide access to all of the parking stalls proposed for this development. STANDARD CONDITIONS OF APPROVAL 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Outside lighting, whether attached to the principal building or located within the parking lot shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with the MCC. 5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Per Ordinance 11-17 -4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. Adopt the Recommendations of ACHD as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-048) -3 Site Specific Conditions of Approval 1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parcel. The sidewalk shall tie into the existing sidewalk on either side ofthe development. If ACHD changes this condition to allow a four foot (4') sidewalk to match the existing sidewalk on neighboring parcels, the reduction is allowed. 2. Provide a payment of$I,200 to the ACHD Maintenance Department for the paving of the alley abutting the site. ACHD will be responsible for the paving of the entire alley abutting the site from East 5th Street to East 6th Street. 3. Provide a minimum of 22-feet of back-up space (measured from the back of the parking stall to the opposite side of the alley) for the proposed perpendicular parking off of the alley, as proposed. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Apvroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. ORDER CONDITIONAL USE PERMIT (CUP-02-048) -4 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 #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative 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. D. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. The proj ect shall have a fIre-flow as required by the Uniform Fire Code for four 4-plex buildings. This is estimated to be a fire-flow of 1,750 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix ill-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 the water supply for fire protection will be by the Meridian Water Department. ORDER CONDITIONAL USE PERMIT (CUP-02-048) -5 4. Final Approval ofthe fIre hydrant locations shall be by the Meridian Fire Department. 5. The addresses shall be posted in 6" numbers on the street side of the building & small unit numbers shall be posted on each entry door. E. Adopt the Comments of the Meridian Water Department as follows: 1. The lot is currently supplied with a 3/4 inch water meter and may need upgraded to a larger size. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the /8 't.!2.. day of 1J?~d- ,2003. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ORDER CONDITIONAL USE PERMIT (CUP-02-048) -6 - " BJ~~~9- City Clerk Dated: 3 - :?{)---c .:3 March 14, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 18, 2003 ITEM NO. 2> - \ REQUEST Memorandum of Understanding between City of Meridian and the Meridian Chapter, Local 2311 for driver positions at Fire Station Number 3 Area AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Memorandum vz?~ Ctufr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM OF UNDERSTANDING WHEREAS, Meridian Fire Station NO.3 is being constructed; and WHEREAS, the Department does not currently have enough personnel already qualified for six (6) Driver positions; and WHEREAS, It is imperative that the positions of Driver be filled in order to make Station NO.3 operational; and WHEREAS, both Management and the Union agree that these circumstances are not covered under the terms of the current collective bargaining agreement between the parties. N ow, therefore, the parties hereto agree as follows: 1. Eligibility for promotion to the position of "Drivertr shall be possession of Idaho State Firefighter III certification, and passage of a promotional examination to be given by Management, which shall consist of a practical skills test, and a written test. 2. The following firefighters will be entitled to fill the open positions of driver if they pass the promotional examination, consisting of the practical skills and written test and hold a State of Idaho Firefighter III certification. Those firefighters are: 1. Drew Young 2. Ken Welborn 3. Jason Rae 4. Howard Miller 5. Tim Kelley 6. Mike Gould 3. Management and Union agree to waive the "time in grade" requirements that exist in the current collective bargaining agreement as those requirements relate to eligibility to fill the driver positions that will be open as a result of Fire Station NO.3. It is the intent of this memorandum of understanding to allow the above listed six individuals to be eligible to fill the driver positions that will be open when Station NO.3 becomes ready for operation if those individuals have: 1) passed the written and practical skills examination, and 2) attained the required Idaho State Firefighter III certification notwithstanding that anyone of them may not have spent the required "time in grade" provisions of the collective bargaining agreement as a Firefighter III, Firefighter II, or Firefighter 1. Memorandum of Understanding for Drivers - Fire Station NO.3 Page 1 4. This memorandum of understanding is a one-time agreement intended to resolve the extenuating circumstances caused by the opening of Meridian Fire Station NO.3. ~ (~~(1' Blake Campbell, Vice resident Meridian Chapter Loca12311 )(~w73~ .Ke'ii W. Bowers, Fire Chief Meridian Fire Department .? - 2 2- - 0] Date 3-22--03 Date By: William G. Berg, Jr., Ci Date: $",- ZtJ - tJ 3 Approved By City Council \,\\\\111111.'111.'. \\\\ 'Of i'/ >.: :1,. ...\.~~' ~ .. :~~ fit) I/,,/c. " :\ -..----- "~" ',' ,.... r}. /' .....'?r'.:- -~-. .:.r,. ..-::~ .:; '-" o~,\ -- IJ:'.: ).. "',,~ ~. :.:: ;:.0 ' . '0 \ .- " \ \ ;]-1& '-()3 ATTEST: S~- , ~, . t,' f~ ....,.. _.L <'7c" 6"):.:: ... ~ \, 0(.( .....cti 0 2 ~ "'0 ,J8r 15-1; , ..".....$' ..-;.. ':f ~ ,i~'..... ....."'/.. ;-\-.. ~-:-\\: ,.......... I .... ~ r 1-'1' ..\.'- ~ III ".) --.. -'. '\' I. .' .\\\\ ';.\ Z:\ Work\M\Meridian \Meridian 1536oM\Fire Dept \MemoUnderstanding \DriverPositionFireStat#3.doc Memorandum of Understanding for Drivers - Fire Station NO.3 Page 2 Meridian Fire Department 540 E. Franklin Road Meridian, 10 83642 208-888-1234 Fax 208-895-0390 Memo RECEIVED MAR f 0 2003 City Of Meridian City Clerk Office To: Mayor Robert Corrie, City Council, City Clerk, and Meridian Rural Fire Protection District From: Ken W. Bowers Date: March 10, 2003 Re: Memorandum of Understanding - Drivers This agreement is between the City of Meridian and the Union. By the terms of the Union Contract, a member needs to be a Firefighter III for a period of one year prior to becoming a driver. With the opening of Station 3, the 6 firefighters referred to in the MOU will need to be promoted to driver status subject to passing a written/hands on test. Attorney Bill Nichols has reviewed the attached agreement and has no problem with it. I would like to have the mayor sign and the city clerk attest. If you have any questions, please contact me. Ken W. Bowers, Chief Meridian Fire Department . Page 1 MEMORANDUM OF UNDERSTANDING WHEREAS, Meridian Fire Station NO.3 is being constructed; and WHEREAS, the Department does not currently have enough personnel already qualified for six (6) Driver positions; and WHEREAS, It is imperative that the positions of Driver be filled in order to make Station NO.3 operational; and WHEREAS, both Management and the Union agree that these circumstances are not covered under the terms of the current collective bargaining agreement between the parties. Now, therefore, the parties hereto agree as follows: 1. Eligibility for promotion to the position of "DriverlT shall be possession of Idaho State Firefighter III certification, and passage of a promotional examination to be given by Management, which shall consist of a practical skills test, and a written test. 2. The following firefighters will be entitled to fill the open positions of driver if they pass the promotional examination, consisting of the practical skills and written test and hold a State of Idaho Firefighter III certification. Those firefighters are: 1. Drew Young 2. Ken Welborn 3. Jason Rae 4. Howard Miller 5. Tim Kelley 6. Mike Gould 3. Management and Union agree to waive the "time in grade" requirements that exist in the current collective bargaining agreement as those requirements relate to eligibility to fill the driver positions that will be open as a result of Fire Station NO.3. It is the intent of this memorandum of understanding to allow the above listed six individuals to be eligible to fill the driver positions that will be open when Station NO.3 becomes ready for operation if those individuals have: 1) passed the written and practical skills examination, and 2) attained the required Idaho State Firefighter III certification notwithstanding that anyone of them may not have spent the required "time in grade" provisions of the collective bargaining agreement as a Firefighter III, Firefighter II, or Firefighter I. Memorandum of Understanding for Drivers - Fire Station NO.3 Page 1 4. This memorandum of understanding is a one-time agreement intended to resolve the extenuating circumstances caused by the opening of Meridian Fire Station NO.3. Blake Campbell, Vice President Meridian Chapter Local 2311 Date Ken W. Bowers, Fire Chief Meridian Fire Department Date ~ 11 () c;;;;:. By: ~. .IL Ro D. Corrie, Mayor By: William G. Berg, Jr., Ci Date: J.... tp -- 113 Approved By City Council \\\\\1111111:11/1,. \\\ f M- -iI "" _I 0 ,~r';(~^ '1/ .......' A., _ . .,(..{, /-'l ,- ,'" "'1 .... ~ () O:?POl'.A -'} '/ ~ 0 . -.~ -;. ~ ~ 0 ~ ~ - - - - ~ 3-18 -tJ3 ATIEST: SEAL 7~ & 2 ... - 0u ....0 0 ~ ~ '6 \Sr 15'\ . ~.? ~"''' ""1 " ~ ~ ,,~ .1// ....{)! t:. ..~..I '\ \" 1,/. '.',',1' \\' 'Ii' . ,,' 1\\\ 'q .l d~." Z; \ Work\M\Meridian \Meridian 1536oM\Fire Dept\MemoUnderstanding\DriverPositionFireStat#3.doc Memorandum of Understanding for Drivers - Fire Station NO.3 Page 2 March 14, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 18. 2003 ITEM NO. 3~J REQUEST Well 24 Pumping Facilities - Award of Bid AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ,- r' r~ ~ ~J~ - rAuJ () 0 . IN) j1^-'(f d:i /) t ! I JVf' tf< f/ Contacted: Date: Phone: Malerials presented at public meetings shaJl become property of the City of Meridian. , . ,.~? ':: .,; if " ' ? , , , Gity ot: M~rz~(jian~',>>,,' ,", :,~ eulJlic, Wo~s:, ~~pt.',',:>',<:', " ,~ " . " "": . '~ /'? Cf,,' , . RECEIVED MAR 1 3 2003 City Of Meridian City Clerk Office m To: Brad Watson Jt From: Lenard Grady I ~ CC: Gary Smith Date: 3/13/2003 Re: Proposed Agenda Items for March 18, 2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 18 City Council agenda, under consent agenda: Well 24 Pumping Facilities. Three bids were received for this project as shown below: · Irminger Construction $211,000.00 · Guho Corp. $239,509.98 · Municipal Service $245,733.00 Irminger Construction has successfully built several of our pumping facilities. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract for Well 24 Pumping Facilities with Inninger Construction, Inc. for $211,000.00 and authorize the Mayor to sign it Design of Well 25 Pumping Facilities. Well 25 is located in the area of Victory and Eagle. The test well for this site should begin in the next few weeks. Attached is an agreement with Civil Survey for design and construction services for the future site. The Agreement will not exceed $24,420.00 without prior approval. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract for Design of Well 25 Pumping Facilities with Civil Survey for $24,190.00 and authorize the Mayor to sign it Thank you for your consideration. Please contact me jf you have any questions regarding any of these items. . Page 1 0'0'0'0'000000 0 0000000000 0 cri-iuj"..;t'ir--:dt'icrid M Co CD ..... m ..- II) (V) 0 10 (V) r-- (V) ._ 0 '<t CD '<t 0 CO N N (V) '<t r-- -oNr N........:ma)O'iocv) to :;:, N(")(")(")Nr-- V ~ N ~ (R- EA- EA- EA- EA- EA- EA- EA- EA- EA- EA- o OO'<tNNOOOOOO enqq'<3:~qqqqqq '6~~g!o;)f(j~gf(j~f2 o 0 O'. ~ "!. "!. ("). '<l:. 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Cl 10 .8 o::a:::a:-oQ}c ==Cll +:J _ == c: .- c m l'Il - '<t I .- .9- G.l Q} C >lO_..l<::-Eo..en >G.l C ltl I ('t) CJ:;:':;:, ,n .9 CJ,.I<: I :E I- <D 0 - ~ '-' :e Jj .2. '5 I- ro fij I .~ Cl E ~ .c .- = O.s:;: C. .... C "C CJejl-,cNtCJEo:;::lC ~.~~~;:: <D.~:;:'~ lll.!!! O::a:.....~N>OO"W:cCl) (I) ~ III :;:(f)~~~CI)CI)(f)(f)(f)CI) :5.....JOOCl).....J.....J.....J.....J.....J.....J - C ~~-.;:t0l~~T""'.....'r-,-"r"'~ a (")N ~l'Il.cE~Nt")'<tIOCDr-- ~ --.;- ~... ~ t") o o ~ ('t) ..... - t") ::a: <( a 10 o ..... co O'l m a to m (") N E17 o o d a a ..... ..... N fA- ro - o I- March 1 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 18, 2003 ITEM NO. 3RK REQUEST Design of Well 25 Pumping Facilities AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ ~j ~ ;L JIAJli ~ 0 01V I j1 '}4'11 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED MAR 1 3 2003 City Of Meridian City Clerk Office Memo To: Brad Watson ~ From: Lenard Grady I ~ CC: Gary Smith Date: 3/13/2003 Re: Proposed Agenda Items for March 18, 2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 18 City Council agenda, under consent agenda: Well 24 Pumping Facilities. Three bids were received for this project as shown below: · Inninger Construction $211,000.00 · Guho Corp. $239,509.98 · Municipal SelVice $245,733.00 Irminger Construction has successfully built several of our pumping facilities. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract for Well 24 Pumping Facilities with Inninger Construction, Inc. for $211,000.00 and authorize the Mayor to sign it Desion of Well 25 Pumpino Facilities. Well 25 is located in the area of Victory and Eagle. The test well for this site should begin in the next few weeks. Attached is an agreement with Civil SUlVey for design and construction services for the future site. The Agreement will not exceed $24,420.00 without prior approval. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract for Design of Well 25 Pumping Facilities with Civil Survey for $24,190.00 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 30016 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSUL T ANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into th is _day of , 2003. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct new pumping facilities at Well No. 25 located Victory Road adjacent to the Ridenbaugh Canal. The proposed improvements consist of a new pump house, vertical turbine well pump and motor, electrical controls, emergency generator, site improvements and appurtenances, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandabi lity needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrograph ic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated March 7, 2003. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated March 7,2003. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDJTIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CON DfTIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho A venue Meridian, Idaho 83642 BY: NAME: TITLE: A TTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: WO Civil Survey Consu ltants, Inc. 100 South Adkins Way, Suite 101 Meridian, Idaho 83642 BY ~~& ~~ Timothy A. Burgess, Vice President 10f4 3/7103 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering andlor land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSc. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifical]y does not have authority over or responsibil ity for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders app]icable to Contractor(s) fLlrnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with genera I]y accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey andlor construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSe's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope ofthis Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSc. The ell ENT agrees that no product will be reused without specific written permission of eSc. The CLIENT agrees to indemnify and hold cse harm less from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LA W - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of th is Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of al] covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLI ENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. wo 20f4 317/03 TIMES OF PA YMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. rfCLJENT fails to make any payment due CSC for services and expenses with in th irty (3D) days a tier receipt of CSe's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLI ENT, suspend services under th is Agreement unti I CSC has been paid in full all amounts due for services, expenses and charges. TERMINA TlON - The obligation to provide fUl1her services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. rfthis Agreement is terminated by either party, esc shall be paid for services rendered and for reimbursable expenses incurred to the date of such term ination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. esc and the CLI ENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or term ination of services. esc and the CLI ENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSe's professional opinion are justified to preserve and protect the health and safety of ese's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against esc, and agrees to indemnify, defend and hold cse harmless from any claim or liability for injury or loss arising from esC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate esc for any time spent and expenses incurred by ese in defense of any such claim, with such compensation to be based llpon ese's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies al"lsmg out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution techn ique. The CLIENT and esc agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede I itigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, ifany, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on esC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSc. wo 30f4 317/03 Glenn K. Bcnnen, P.L.S. I'rcsidclll Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208 )888-4312 Fax 888-0323 Timothy A. Burgess, P.L Vice President CIVIL SURVEY CONSULTANTS PREY AILING FEE SCHEDULE EFFECTIVE OCTOBER 1,2002 Labor: Project Manager Chief of Surveys Project Engineer Design Engineer Design/Survey Technician I Design/Survey Technician 2 - $ 90.00 per hour - $ 90.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per hour Direct Expenses: GPS - $ Vehicle 2-Wheel Drive - $ Vehicle 4- Wheel Drive - $ Outside Printing - $ Long Distance Telephone - $ Sub-Consultants - $ 40.00 per hour No Charge No Charge Cost Cost Cost WO 4 of 4 317/03 Glenn K. Bcnnet!, P.L.S. Presidcnt Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0J23 Timothy A. Burgess, 1'.1:. Vice President March 7, 2003 Len Grady City of Meridian 660 E. Watertower Meridian, 10 83642 Re: Well No. 25 Dear Len: Thank you for considering Civil Survey Consultants to provide professional services required for the construction of new pumping facilities for Well No. 25. We propose to provide these services based upon the following scope of services: Design Services: 1. Well 25 will be located on Victory Road between Eagle Road and Locust Grove Road. Well 25 has not been completed as of this date. Based upon previous Meridian wells we anticipate a vertical turbine pump to be designed for a maximum continuous delivery rate of approximately 2000 gpm. Actual delivery rate will be determined based upon well performance and actual head conditions. 2. CSC will provide complete design services required for preparation of plans and specifications for new pumping facilities. The site is an undeveloped piece of land located on the south side of Victory Road adjacent to the Ridenbaugh canaL The new pumping facilities will include the following components: a. The well building will be masomy block construction, with aluminum fascia and soffets, and architectural fiberglass shingles. The new building will be approximately 16' wide by 28' long. There will not be a separate chlorine room. b. The well will be equipped with a new vertical turbine pump. The pump will be selected based upon the characteristics of the actual completed well. Motor size is anticipated to be ISO to 200 horsepower. An automatic pre-lube system will be provided for the pump column bearings. c. The pump motor will be controlled by a Variable Frequency Drive (VFD). Pump motor speed will be set to maintain a constant pressure in the discharge piping. Grady March 7, 2003 Page 2 of 4 d. The well will be equipped with a natural gas powered emergency generator to be located outside the pump house in a weatherproof enclosure. The generator shall be equipped with an automatic transfer switch. e. The construction contract will require that the Contractor install a Radio Telemetry (RTU) Panel to operate the well with the current City system. The RTU panel will be furnished by the City. The contract will require the Contractor to install a conduit to support the antenna. The City will install the actual antenna and wiring. The Contract will require the Contractor to install conduit between the R TU and VFD, along with the necessary contacts and wiring for the desired telemetry functions. The City will provide a list of functions to be included, and the type of contact(s) required. f. The building will include heating, ventilation and air conditioning. g. A liquid solution-metering pump will be provided. The pump will be controlled proportional to the flow by a 4-20 ma signal from the flow meter. h. Site improvements will consist of an asphalt driveway and parking area with access off Victory Road. A concrete .sidewalk will be installed across the Victory Road frontage. The remainder of the site shall have a J~"-minus crushed gravel surface. A 6' -0" chain link fence will be provided around the perimeter of the well site. No landscaping will be provided under this contract. All landscaping shall be by others. l. The site is located adjacent to the Ridenbaugh Canal and Nine Mile Creek. The site is east of the Ridenbaugh Canal not within the 1 OO-year flood plain for Nine Mile Creek. No work associated with flood plain issues is required. J. The well will include a manual by-pass pipeline to the Ridenbaugh Canal. The Consultant shall contact the Boise Project Board of Control and other irrigation districts as necessary to obtain permission for a temporary by-pass to the Ridenbaugh Canal. 4. CSC will submit the completed plans and specifications to the Idaho Department of Environmental Quality, the Ada County Highway District, and the Owner for review and approval. 5. CSC will provide an advertisement for bids for publication by the Owner; answer any pre-bid questions; attend the bid opening. CSC will provide the Owner up to 30 copies of plans and specifications for bidding purposes. Grady March 7, 2003 Page 3 of4 6. CSC will attend a pre-construction meeting. 7. The Owner will issue the Notice Of Award, Agreement, and Notice To Proceed, and will handle all contract administrative work. 8. CSC will begin design upon receipt of a notice to proceed from the City of Meridian and a final pump test results from the completed well. 9. The City of Meridian will perform a hydraulic analysis ofthe distribution system with their computerized water model and provide CSC with predicted main line pressures at well discharge rates of 500, 1000, 1500, 2000, and 2500 gallons per minute. 10. The City of Meridian will make all arrangements with Idaho Power Company and Intermountain Gas Company for utility service to the well site. Construction Services: 1. CSC will provide complete construction services including coordination between the Owner, Contractor, Sub-contractors and Sub-consultants. 2. CSC will provide construction observation services. 3. CSC will prepare contractor's partial payment estimates for approval by the owner. 4. CSC will review and evaluate the need for change orders during construction and provide a recommendation to the Owner regarding their approval or denial. 5. CSC will conduct the final inspection and assist the owner with project close out. 6. CSC will prepare record drawings for the completed facilities. 7. CSC will conduct a one year warranty inspection. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of$ 17,190.00 without prior approval of the Owner. We propose to provide the Construction Services as outlined above on a time and materials basis according to the attached rate schedule plus direct expenses and sub-consultant expenses. I estimate the fee for construction services will be approximately $ 7,230.00. The above fee estimates are based upon utilizing Mulder Engineering Incorporated for the electrical engineering services and Kartchner Engineering for mechanical services. A copy of our man-hour and fee estimate is attached for your reference. The above fee estimate assumes that Meridian will pay for all costs associated with permits, licenses, testing and publishing costs. Grady March 7, 2003 Page 4 of4 [f the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this project. Sincerely, ~~ Tim Burgess, r.E. Vice President enc. Civil Survey Consultants Man-hour Estimate City of Meridian Municipal Well No. 25 Task Description Professional Design PLS Survey Su rvey Total Engineer Engineer Technician 1 Technician 2 L Design a. Coordination & Meetings 4 8 12 b. Site Survevs 2 6 6 14 c. Building Concepts and Approval 1 8 9 d. Hydraulic Analvsis 1 8 9 e. Pump & Piping 2 20 22 f. Building 2 32 34 g. Site Design 1 8 9 h. Contract Documents 2 20 22 i. Review and Approval 4 16 20 2. Bidding a. Coordination & Meetings 1 8 9 Design & Bidding Total Man.Hours 18 128 2 6 6 160 3. Construction a. Coordination & Meetings 2 4 6 b. Construction Staking 2 4 4 10 b. Inspection 4 40 44 c. Payment Estimates 1 8 9 d. Change Orders 1 4 5 e. Record Drawings 1 16 17 Construction Total Man.Hours 9 72 2 4 4 91 We1125.xls 317/03 Civil Survey Consultants Design Fee Estimate City of Meridian Municipal Well No. 25 Classifiaction Hours Rate Total Project Manager 18.00 @ $90.00 = $1,620.00 Project Engineer 128.00 @ $70.00 = $8,960.00 Professional Land Surveyor 2.00 @ $90.00 = $180.00 Survey Techncian 1 6.00 @ $60.00 = $360.00 Survey Techncian 2 6.00 @ $55.00 = $330.00 GPS 6.00 @ $40.00 = $240.00 Labor Subtotal 154.00 $11,690.00 Classifiaction Hrs/Miles Rate Total Plan Set Printing 40 @ $12.00 = $480.00 Specification Printing 40 @ $23.00 = $920.00 Misc. Printing $100.00 Kartchner. HVAC $1,000.00 Mulder. Electrical $3,000.00 Direct Subtotal $5,500.00 Total Design Fees $17,190.00 We1l25.xls 317/03 Civil Survey Consultants Construction Services Fee Estimate City of Meridian Municipal Well No. 25 Classifiaction Hours Rate Total Project Manager 9.00 @ $90.00 = $810.00 Project Engineer 72.00 @ $70.00 = $5,040.00 Professional Land Surveyor 2.00 @ $90.00 = $180.00 Survey Techncian 1 4.00 @ $60.00 = $240.00 Survey Techncian 2 4.00 @ $55.00 = $220.00 GPS 4.00 @ $40.00 = $160.00 Labor Subtotal 87.00 $6,650.00 Classifiaction Hrs/Miles Rate Total Misc. Printing $20.00 Kartchner - HVAC 2.00 @ $70.00 $140.00 Mulder - Electrical 6.00 @ $70.00 $420.00 Direct Subtotal $580.00 Total Construction Fees $7,230.00 Well24.xls 3/7 /03 March 14, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 18, 2003 ITEM NO. i..JJ REQUEST Ordinance - Meridian Police Department Rules and Policies AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance ~vVO\3 Il /\ fD7 Contacted: LDate: Phone: Materials presented at public meetings shall become property of the City of MeridIan. f Meridian City Council March 4, 2003 Page 8 of 51 Place Subdivision by Wardle and Associates, west of the North Locust Grove Road and south of East Fairview Avenue and to include the Findings of Facts, specific - site specific comments done by our staff. There isn't a date on it, but it's Fact 2-A-1, page four, and for the Findings of Fact and the site specifics is page -- is 5-6-1, page five, and include those in it. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 6: Ordinance No. Rules and Policies: Meridian Police Department Corrie: Item NO.6 is -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Sorry to interrupt you. Item NO.6 we had asked -- we heard this last week and asked that it be put on this week's agenda. There must have been some communication problems, so it wasn't transmitted to the clerk timely and so -- and the attorney that prepared this was out of town this week, so I should have done this earlier and I didn't realize that it hadn't been transmitted, but I would ask that we simply continue this item for a couple of weeks and, then, we will get to hear it properly like it needs to be and -- Bird: Is that a motion? Nary: Yes. I'd move that we continue this to March 18th. Bird: Second. Corrie: Okay. Motion has been made and seconded to move Item No.6, the ordinance Meridian Police Department Rules and Policies, until the 18th of March. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. ORDINANCE NO. tJ J - I tJ 13 BY THE COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, SECTION 5, MERIDIAN CITY CODE TO GIVE THE CHIEF OF POLICE AUTHORITY TO ENACT RULES AND REGULATIONS AS HE DEEMS NECESSARY FOR THE ROUTINE OPERATION OF THE POLICE DEPARTMENT, INCLUDING THE CONDUCT OF THE MEMBERS OF THE POLICE DEPARTMENT, UNIFORMS AND EQUIPMENT TO BE WORN OR CARRIED, HOURS OF SERVICE, VACATIONS, EMPLOYEE CONDUCT, GRIEVANCE PROCEDURES, AND ALL OTHER MATTERS FOR THE BETTER EFFICIENCY OF THE POLICE DEPARTMENT AND NOT IN CONFLICT WITH OTHER CITY POLICY, DELETING THE REQUIREMENT OF APPROVAL BY THE MAYOR AND COUNCIL FOR SUCH RULES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A WAIVER OF THE READING RULES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 6, Chapter 1, Section 5, Mertdian City Code is hereby amended to read as follows: 6-1- 5 RULES AND REGULATIONS The chief of the police department may propose enact such rules and regulations as he may deem advisable and necessary for the routine operation of the police department. subject to approval by the mayor and council. Such rules and regulations may cover conduct of the members of the police department, uniforms and equipment to be worn or carried, hours of service, vacations, employee conduct, grievance procedures and all other matters necessary or desirable for the better efficiency of the department. The chief of police may not enact rules and regulations that conflict with City policy. Section 2. That pursuant to affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. PASSED by the Council of the City of Meridian, Idaho, this 18~ day of 1J2~ ,2003. APPROVED by the Mayor of the City of Meridian, this 11L~ ,2003. -t-1- If] -- day of \\\\\1111011111 ATTEST \\\ III : ",,~, Of MEFyl' 1111/ ...' ""' VIA I'I' ,'" " -11-- "'... ~.... 0 O~?OI'l.4l: ~ ~~ ,{ ~ ~o \ CITY CLERK ~ 9-- ~""G, ~ ~ Q "0 .... %... "10 VeT 15\ . .jf' ....1 ~/~a ~,,, .....'/1/ auNT'<, \\\...\'.... IlfJl;l;ll~ 1\\\\\\ March 7,2003 RZ 03-002 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. March 11, 2003 ITEM NO. 8 REQUEST Ordinance - Request for a Rezone of 3.66 acres from L-O to R-15 zones for proposed Scottsdale Villas Subdivision - West Alden Drive, southwest corner of West Franklin Road and Southwest 7th Avenue 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: .t!ilJ\;J;iJ f L DateS~/-O > Phone: g t?-77~o L-f rJ\ MaterJals prese ed at public meetings shall become property of the City of Meridian. See attached Ordinance .r r/ v.uvr f' ~. 11''/ (0/6 00/ ,,- \ , O. (':(''') 1;) t\ (') .", '" ~ \) . ).:\ 1i5> , ~v-\' . e.y~zc.v'6 O\~(f. 0 ,,~'V1 c\.e~ GC\~ CITY OF MERIDIAN ORDINANCE NO. 03- / tJ 16 AN ORDINANCE FINDING THAT THE OWNER, WOLFE COMMERCIAL ENTERPRISES, LLC, OF CERTAIN REAL PROPERTY GENERALLY LOCATED SOUTH OF FRANKLIN ROAD ALONG S.W. 8TH STREET AND ALDEN STREET, HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) TO R-15 (MEDIUM HIGH DENSITY DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7~2 E, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner ofthe following described property 3.66 acres has made a written request for are-zone of the zoning classification for the subject Re:":l Property herein described from L-O (Limited Office) to R-15 (Medium High Residential) District as defined under Meridian City Code 9 11-7-2 E; and Physically located South of Franklin Road along S.W. 8th Street and Alden Street, Meridian, Idaho. SCOTTSDALE VILLAS SUBDIVISION (R-15) RZ-03-002 / RE-lONE ORDINANCE - 1 A parcel of land being all of Lots 2 through 4, Block 1 and Lots 1 through 5, Block 2 of Scottsdale Subdivision as recorded in Book 82 at Page 8916 of Plats, situated in a portion of the NE V4 of the NWV4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at a brass cap monument marking the NW comer of said NW V4, thence along the North line of said NW 1A 889049'00" E a distance of 2651.24 feet to a brass cap monument marking the NE comer of said NWI/4, thence leaving said North line and along the East line of said NE 1A of the NW V4 SOoo04 '01" E a distance of 40.00 feet to a 5/8 inch rebar marking the NE corner of Lot 1, Block 1 of said Subdivision, thence along the East boundary of said Subdivision 800004'01'- E a distance of 157.50 feet to a 5/8 inch rebar marking the SE corner of said Lot 1 and being the POINT OF BEGINNING; Thence continuing along said East boundary 800004' 0 1" E a distance of 591.27 feet to a 5/8 inch rebar marking the southeasterly corner of said Lot 5, Block 2; Thence leaving said East boundary and along the southerly boundary of said Subdivision N6505I '33" W a distance of386.92 feet to a 5/8 inch rebar marking the southwesterly corner of said Lot 4, Block 2; Thence leaving said southerly boundary and along the westerly boundary of said Subdivision the following courses; NOoo04'03" W a distance of 124.73 feet to a 5/8 inch rebar; Thence NOoo05'00" E a distance of 58.10 feet to a 5/8 inch rebar; Thence N090lO'00" W a distance of 125.49 feet to a 5/8 inch rebar marking the NW corner of said Lot 1, Block 2; Thence parallel with said North line 889049'00" E a distance of 195.85 feet to a 5/8 inch rebar marking the SW corner of said Lot 2, Block 1; Thence along the West line of said Lot 2 NOooI1 '00" E a distance of 127.50 feet to a 5/8 inch rebar marking the NW comer of said Lot 2; Thence leaving said West line and along the North line of said Lot 2 889049'00" E a distance of 176.19 feet to the POINT OF BEGINNING. Said parcel contains 3.66 acres more or less and is subject to all existing easements and rights-of-way ofrecord or implied. SCOTTSDALE VILLAS SUBDIVISION (R-15) RZ-03-0021 RE-ZONE ORDINANCE -2 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property, which is the subject of this ordinance, is legally described in Section 1.1. of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (R-I5) Medium High Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 '7"1't.- day of In tf{/[C h.- , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2-50- day of Ii/{ Me/?- ,2003. SCOTTSDALE VILLAS SUBDIVISION (R-15) RZ-03-002 / RE-ZONE ORDINANCE -3 ,/ ----" .1__ ATTEST: :/L~ C.ity Clerdk, :3 _ 2- c 0 -? ;,. 7~Q ....OJ& 0 :: First Rea mg: . - ~ /' --.::J ::.;. l{) Usf 15\ ' :;:: 2 Adopted after first reading by ,suspe%.~~-., .' .__ ul~,~owed pursuant to Idaho Code 50-902 Yes: X '111'U,..f'Na:'<..:,\\\\\\' : . . Second Reading: Third Reading: STATE OF IDAHO, ) ss. County of Ada. ) On this c25-4J-., day of fJ1 o..yGk , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WlLLIAM 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) ,1'1' ao.; b 'M~ ,~ ~~# .,...... ..,:~:\.CE L. S #',- ....... 't-'.~ ........... 4r..... "## .: "\ .. 0.. -or..?> ~ ~.. e. ~ ~ : : l\OT.4.~ ~ ~ =*: .f-:: : :. -.- . * : : " : .:: \fP.\J>UBL1C;- $ \ ;;-. .0. ~"'! *~ "1 :r,;......... ~O .,.~.. ####" OF It> ~ ""iO #"'..uu,,~, tJ Z:\Work\M\Meridian\Meridian I S360M\Sccttsdale Villas Sub RZ.03-002 PP-02-029 CUP-02-04S\RZOrdinance.doc SCOTTSDALE VILLAS SUBDIVISION (R-15) RZ-03-002/ RE-ZONE ORDINANCE -4 ~ ~!.J.I~!,U!.J.I!.J.I C>(.-)bbobb 2000090 a:::;ri:obmT""m <(f'f'r-'r-' WooO)o>om IIlOOOIOOCO ZZZOOZOO W -I III i5::r: WI- ZG ...JZ w -I t") O)lOom 1';~~~I.l':!T"" <q-oj 1.01.0 r--co NI.ONO)C\Ir-- .we- ~.,.... 'T- T""'" w Z:i~ ::i t") <q- 1.0 (0 -I-I....l-l 'I Cl 0:: Z ::i ~ Z ~ u. 3: at! t!3aNIl S i;l L3 ~CO~ ~~~, Jc- _ ~ UJI- Il:::' LL () - ill ()~ -~ ---.-.- f- Cl ....J - r.: <( g~ ~ f-- 0 (f) ~(f) -;:. f-- 3: UJ~ s'- -1l:::~~--1Yz- == ~=:! / \ / I "'C- \ 0- /, ,=I~I :1/~ ~ 7 / If/; === (f) R ~l:) aooMNNA~~ z j _~ - ~ I (f) Ou.. ~ 1 I - r----f- I ~ co I / ~ f--~ I ~ en J ~~ / ~- u LjJ ~ I ~ ~ ~ ISHIZ~M --d,"1 m ll~ --II t: ~ \ DJt:://f-:{r;;;;:1 I f/L-- V - r;~ / 5 o ILl r f' I - - - G LLZ Oz I-Z z- I--- - G Ow D.lD I - - "7 1-- (f) ~- 0:: ~- a:J \ \ cs IP ~J I 500'0 '011 40. \ I S~O~;"E 591.27' OO'04'01"E 151.50' ~ 18 ?Ji o~ ~. /f1~ ~ z UJ ~ -I /) /f 91 'Q" -I L1 I ""~ ~ ~ ~. ~ ~ - <( - c.. ~~ " \W. ~ ~m \ I=> ~Cf) 8 ~(f) 5 ZN '::] <:(~N T"" o~! O-J a::: z_ Z 0::: 0:::- 0 w> (t) UJ w:c I- ~~~ UW (t) Z-J .,... l..Ll:;::;i <eo:( 1:: Ow::!; ZO .2 .....0 -Cf) t) >- ~ ii: 01- <I) I- .~ en -w 0:::1- Og 00 lD U Cf) c--- t; ffi T ::l; ....J ;:. u.. 3A'rf llll M HInos 1 A't/Mcrl I L ... ~ Q-, ~ ~ tfl ~ ~ o ..., UJ ).: m z ~ c::: o ~ ~ Uj ['J ...J cJ ~ UJ 0 t; ffi~ 15 z <l: :3:,-- ---- I lnOS ~ K ;th s ~ 11 <9 z 5 <( I I CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03-1&16 , passed by the City Council of the City of Meridian, on the 2:;;11:- day of I1t ~ , 2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City . ~~llllll/ll' Clerk of the City ofM-et .f~~;"!JI!/i' ...'" _I r "-'1//) '/, ,...,~, .-~4 '<', ~.::- a or.!' OR.4 1'~'1,. .~~ 2 ~G f('b ~ 2 ~~ ~ - -' ~ SEA.L ~ ...}"~ &- ::. Q "q;: 02 ~ fA 0:lr 1 S" . .:ft.$ "/_ '""...,., t,...,-'" " "". 'f -D~ .;;:." N. C.....l" ...1 ~ ..." STATE OF IDAHv:/II)/i~~IL''1' ,.,\\\.......' : ss:' , ...... dI~p~/fb WILLIAM G. BERG, JR. . County of Ada, ) On this .;;z.#dayof M~ , in the year 2003, before me, Jl).jA.IC-'L L. SM',+!.. , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ""...... ..a.~ u.....~ ........ C-e L. S A_"" ~.. ~'\ ...........;'11''>. ",#. , ......"r' .. ". ~;... ~ 0.0 .00 T..,. \ _ . ~OTAJq -'0 .. J : \ , : ~ '* i _._~: }lC : .. e,., C .. ~ eo -c-(jB\..\ ~ ~ . ~ ~ -rP':i,. e. 0 ~ " -r' . !Ii ....'" <11'....... ..~ ~ """ 'li 0 F \ '" .."..... t........II"". Co Olf / :2..D / CJ"7 I I z:\ Work\M\Meridian\Meridian15360M\Sccttsdale Villas Sub RZ-03-002 PP-02-029 CUP-02-045\CertificatimOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK- RZ-03~002 1 WHITE PETERSON KEvIN E. DINIUS JULIE KLEIN FiSCHER WM.F.GIGRAY,llL T. GUY HALLAM" D. SAMUEL HENSON WILLIAM A MORROW WILLIAM F. NICHOLS" CHRISTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NVE & ROSSMAN, P.A. PHILIP A. PETERSON ATTORNEYS AT LAW NAMPAOFFrCE ERICA S. PHILLIPS 5700 E. FRANKLIN RD., ERIC S. ROSSMAN SUITE 200 TODD A ROSSMAN NAMPA, IDAHO 83687.8402 DAVID M. SWAR1UY TEL. (208) 466.9272 PAMELA J. TARLOW FAX (208) 466-4405 TERRENCE R. WHITE" NICHOLAS L. WOLLEN "Also admitted in OR .. Also admitted in W A March 4,2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03- I dJ / G , (Wolfe Commercial Enterprises, LLC) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for rezoning ordinance for Wolfe Cormnercial Enterprises, LLC, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code 9 50-90l(A). ~~ Enclosure Z:\Work\M\Meridian\McridianI 5360M\Sccttsdale Villas Sub RZ.03..o02 PP.02..o29 CUP.02..o45\Ber~umOrdLtr 0304 03.doc NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03-1 tJ/6 - PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by Wolfe Commercial Enterprises, LLC, that is known as Scottsdale Villas Subdivision, consisting of3.66 acres and commonly located south of Franklin Road along S.W. 8th Street and Alden Street, Meridian, Idaho, with a zoning designation ofR-15 Medium High Density Residential; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land being all of Lots 2 through 4, Block 1 and Lots 1 through 5, Block 2 of Scottsdale Subdivision as recorded in Book 82 at Page 8916 of Plats, situated in a portion of the NE 1/4 of the NW14 of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at a brass cap monument marking the NW corner of said NW 14, thence along the North line of said NW 14 S89049'00" E a distance of 2651.24 feet to a brass cap monument marking the NE comer of said NWl/4, thence leaving said North line and along the East line of said NE 14 of the NW 14 SOoo04'01" E a distance of 40.00 feet to a 5/8 inch rebar marking the NE comer of Lot 1, Block 1 of said Subdivision, thence along the East boundary of said Subdivision SOoo04'0 1" E a distance of 157.50 feet to a 5/8 inch rebar marking the SE corner of said Lot 1 and being the POINT OF BEGINNING; Thence continuing along said East boundary SOoo04'01" E a distance of 591.27 feet to a 5/8 inch rebar marking the southeasterly comer of said Lot 5, Block 2; Thence leaving said East boundary and along the southerly boundary of said Subdivision N6505I '33" W a distance of 386.92 feet to a 5/8 inch rebar marking the southwesterly corner of said Lot 4, Block 2; Thence leaving said southerly boundary and along the westerly boundary of said Subdivision the following courses; NOoo04'03" W a distance of 124.73 feet to a 5/8 inch rebar; RZ-03-002 Thence NOoo05 '00" E a distance of 58.1 0 feet to a 5/8 inch rebar; Thence N09010'00" W a distance of 125.49 feet to a 5/8 inch rebar marking the NW comer of said Lot 1, Block 2; Thence parallel with said North line 889049'00" E a distance of 195.85 feet to a 5/8 inch rebar marking the 8W corner of said Lot 2, Block 1; Thence along the West line of said Lot 2 NOOO 11' 00" E a distance of 127.50 feet to a 5/8 inch rebar marking the NW comer of said Lot 2; Thence leaving said West line and along the North line of said Lot 2 889049'00" E a distance of 176.19 feet to the POINT OF BEGINNING. Said parcel contains 3.66 acres more or less and is subject to all existing easements and rights-of-way of record or implied. Ity of Meridian Mayor and City Council By: William G. Berg, Jf., City Clerk -:."'Co 0)& 2 First Reading: 3 - Zf; -rJ)'3 ~ "Pa Usr 1~ . '\ J? $ ~o~~~~~ aft~~'s~tdingJ'~ snspension Of;IJ),!,~; l'i:";~~!~~fjnrsnant to Idaho Code Second Reading: ' Third Reading: A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the 2J3~ day of ma./l.-~ ,2003. \\11111111111/ \,,'1 }"_ II!,'I ,\\ ~l Of ~.".::f?fl, I,~" """ ~""'\ --':'<.1/, .<....... ..:- (j" ~t<-O""..... "'i4.. ',~ :::- v\r' Il<"ll: iY ~ ~ ~~G (0' ~ ,~ % Z:\Work\M\Meridian\Meridian I 5360M\Scottsdale Vl11as Sub RZ.03.002 PP-02-029 CUP-02.045\SUMANNEXZONGORD.doc RZ-03-002 March 14, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 18, 2003 ITEM NO. 1+ I REQUEST Water, Sewer and Trash Delinquencies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ,v OJ( Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. J: r.n (I) C ~ E .!!! 5 J- :Eo~ lo.. 0 lo.. Q) <( (J) :!:~:: -0 Ii: (J) :::lU) ~~~ .- Z Q) 0<C- III ctI ~ >. Ql '0 ~ 3l 3l ~.!!l III Cl'O '0 tIl ci5..: tIl III o:l tIl(J)(I) ~. 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(J) E - Ql l:: - Ql ~g ~> -5E 'ijj .!E U:~ c~ ~ ai ~-e rn.E: "Coo .... wwciw ZZd!jZ OONO ZZo::iZ '<1" MMMM ~~~~ -c- ~ or- or- C;;(;;MCi) t"'") e::> 1:1 c:;-..J co - ~ ~ ~ ~ o 5 0:: <C ::E RECEIVED MAR 1 8 2003 DELINQUENCY FOR TURN OFF SCHEDULED FOR March 19,2003 City of Meridian City Clel'k Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, March 18,2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on March 19, 2003 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $25,576.61. CITi OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Mar 18, 2003 03:59pm Current Period: 03/31 f2003 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No = (<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01131/2003 12f30/2002 11/30/2002 Date Amount Msg 69.0106.1 MCGOFF, WENDY 93.63 38.75 3B.75 16.13 01/17/2003 50.00 - none 46.4610.1 4M I CANVEST LEASING 26.13 11.03 7.55 7.55 46.4618.1 4-M CANVEST 152.95 33.85 30.37 88.73 12f17/2002 318.53 - none 19.1208.1 A.J. HARDEE CONSTRUCTION I 25.33 7.86 17.47 12f01/2002 118.16 - 2.1930.2 ACUNA, JULIO & 53.46 3.48 21.23 28.75 01/21/2003 82.68 - 2.2714.3 ADAMS, ROY & STACY 119.72 54.65 65.07 02f18/2003 53.79 - 42.2370.3 AIKMAN, WILLIAM 146.42 146.42 35.1168.2 ALLISON, STEPHEN 43.66 19.95 23.71 01/13/2003 19.95 - 20.1510.1 ALLRED, JAY D. 88.51 85.02 3.49 02f26f2003 42.78 - none 47.1214.1 AMERICRAFT HOMES 20.98 20.95 .03 02f1 Bf2003 17.44 - 2.0888.1 ANDERSON,DEAN 78.39 30.43 24.99 21.23 1.74 10130f2002 58.38 - none 51.1138.2 ARANA & R.C. LAND COMPANY 45.30 15.10 7.55 7.55 15.10 42.1988.2 ARMSTRONG, GARY & LAURA 91.68 61.65 30.03 03{17/2003 10.00 - 74.3660.2 ATHERTON, NOBLE 84.68 44.65 40.03 01/28/2003 32.51 - 51.3370.1 ATWOOD, CINDI 77.21 54.68 22.33 01/21/2003 78.08 - none 34.3280.2 AUGUST, HENRY & TILLIE 68.50 35.99 32.51 02f06/2003 32.51 - 4.1770.2 AUSTIN, TERRY 60.98 20.95 40.03 01/21/2003 28.75 - 2.3550.2 BAILEY, PEGGY 88.79 37.13 51.66 02f20/2003 30.00 - 51.0694.1 BAILEY, PEGGY 134.78 112.15 22.63 03/1712003 50.00 - none 32.0878.1 BALL, WILLIAM 62.73 57.50 5.23 11/19/2002 75.00 - none 4.1620.6 BARNEY,MARY 196.94 46.15 42.51 34.99 73.29 01102f2003 70.00 - 31.3060.1 BASTIAN, DAVID 142.29 49.75 46.27 46.27 12f03/2002 133.74 - none 74.2716.1 BAUGH, JAMES OR NANCY BE 90.91 54.65 36.26 02f18/2003 45.00 - none 37.3628.2 BEAR CREEK LLC 41.48 21.23 20.25 02f18/2003 17.47 - 14.5010.2 BEAUCANNON, JUSTIN 109.32 88.78 20.54 02f27/2003 40.00 - 35.0403.2 BECKER,DANNY 36.64 35.17 1.47 01121/2003 59.79 - 33.2316.1 BELL, LILLY 48.76 43.83 4.93 03f18/2003 30.00 - none 13.8568.2 BENITEZ, RICHARDO & TERRY 123.77 81.26 42.51 02f12f2003 50A3- 46.0836.2 BENNETT, GREG 107.16 44.65 62.51 01/22f2003 92.24 - 51.3076.2 BENTLEY, DEAN & PHYLLIS 196.62 193.62 3.00 02f12/2003 90.05 - 35.3038.2 BERNHARD,MATTHEW 65.02 36.27 28.75 12/23f2002 17.47- 14.3004.2 BEWLEY, SANDRA & DAVID 13B.81 92.54 46.27 02f21/2003 42.51 - 21.2032.3 BIANES, ANITA 16B.1 B 143.98 24.20 02/06/2003 38.39 - 32.4066.3 BIGLEY, CYNTHIA 71.21 42.46 28.75 01/17/2003 68.62 - 74.2696.2 BLACK, ROBIN 37.90 36.67 1.23 02/25/2003 30.00 - 34.1532.1 BLACKWOOD, MITCHELL 53.21 53.15 .06 03/05/2003 40.00 - none 2.2140.1 BLAIR, WILMA 60.21 45.63 14.58 03/10/2003 35.00 - none 2.4200.1 BLAKELY, CLAUDE JAMES 103.70 49.91 53.79 02/14/2003 42.51 . none 33.4154.3 BOBKO, RAYMOND 136.65 59.61 32.51 44.53 2.2980.2 BOLES, BRADLEY 70.60 36.51 32.09 02/06/2003 28.33 . 2.1800.2 BOLTON,TERESA 56.75 52.17 4.58 02f18/2003 84.89 - 32.1372.2 BOYD, JAMES 210.09 130.06 80.03 02/20/2003 50.03 - 5.0312.1 BRASFIELD, WILLIAM B. 110.40 56.61 53.79 02/18/2003 68.75 - none 34.0420.1 BRENEMAN,JEFFERY 80.92 44.65 36.27 01/17/2003 72.54 - none 16.3306.2 BREWER, CHRIS & ELIZABETH 116.33 96.30 20.03 03/17/2003 50.00 - 1.0800.1 BREWER, SID & SHELLY 131.29 57.50 73.79 01/22f2003 90.16 - none 32.0926.1 BRIGGS, NADINE 156.71 110.14 40.03 6.54 01/14{2003 100.00 - none 1.3510.4 BRINEGAR, E. E. 106.66 52.92 32.51 21.23 12f06{2002 124.47 - 21.2564.4 BRINEGAR, KATHLEEN 30.84 17.74 13.10 02f0712003 50.00 - 34.0512.1 BRITTON, BOB 128.89 7.86 17.47 103.56 08/26/2002 54.77 - none 22.1614.2 BROWN. REBECCA 107.64 92.54 15.10 02f1 B/2003 100.00 - ... in Msg column indicates no Notice is to be sent / ~. CITi OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Mar 18, 2003 03:59pm Current Period: 03{31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 01/31/2003 12f30/2002 11/30/2002 Date Amounl Msg 8.0144.2 BRUCE, TIMOTHY 71.12 42.39 28.73 02f04/2003 130.00 - 42.1178.1 BRUEGEMAN, NEIL 48.11 47.13 .98 03105/2003 38.75 - none 20.1326.4 BRUMBLE, MATHEW 112.57 72.54 40.03 01{21/2003 58.16 - 14.3556.2 BURCHFIELD ENT 123.77 95.02 28.75 02f19/2003 35.27 - 19.4438.7 BURCHFIELD, DARRAL 138.81 68.78 70.03 01/22/2003 73.20 - 31.0720.2 BURKE,MARY 107.16 40.89 66.27 01/23/2003 123.91 - 19.6510.2 BURKETT, MARK 248.76 96.22 76.27 76.27 01/22/2003 83.14 - 69.0182.1 BURNS, DONALD 68.17 67.47 .70 02/19/2003 108.70 - none 50.2258.2 BUSBY, JAMES 103.52 102.62 .90 02/24/2003 54.07 - 69.0878.1 CALPIN, JOHN A. 215.46 42.51 46.27 42.51 84.17 02/13/2003 100.00 - none 42.0414.2 CAMPBELL. ROBERT 98.14 55.63 42.51 02/14/2003 38.75- 32.1592.1 CARLYLE, KEITH 66.65 66.22 .43 03{13/2003 36.00 - none 34.1808.2 CARPENTER,DOUGLAS 92.42 49.91 42.51 02/19/2003 42.51 - 4.2166.2 CARPENTER, SEAN 227.14 134.55 92.59 01/22/2003 143.88 - 22.2164.2 CARTNER, RICHARD 90.01 61.26 28.75 01/27/2003 57.50 - 65.0608.2 CARVALLO, TERI 61.05 32.51 28.54 01/21/2003 50.00 - 21.2834.1 CASE, CYRUS 96.20 69.98 26.22 02/18/2003 40.00 - none 2.5130.1 CASPERSEN, MAUREEN K 111.22 53.67 57.55 02/12/2003 42.51 - none 50.0310.2 CASS, BRUCE C 112.57 72.54 40.03 02/14/2003 32.51 - 3.0850.2 CAST, PETER & VERIONICA 66.13 42.39 23.74 02114/2003 50.00 - 34.3206.1 CATALANO, RICKY 38.42 3.48 17.47 17.47 01/03/2003 34.94 - none 34.2876.1 CATLETT, SCOTT 54.68 48.41 6.27 02l18{2003 30.00 - none 21.1402.2 CHAPMAN, JAMES 195.21 136.38 58.83 02/19/2003 113.43 - 74.2850.1 CHEESBROUGH, JAMES G. 97.16 54.65 42.51 02/28{2003 114.28 - none 2.4 700.2 CHENEY,STEVEN 55.01 43.67 11.34 02118/2003 80.00 - 33.0156.1 CHERRY PLAZA ASSOCIATES 105.24 64.41 40.83 02f1312003 52.11 - none 33.0132.1 CHERRY PLAZA ASSOCIATES 35.58 20.51 15.07 02113/2003 15.07 - none 33.0112.1 CHERRY PLAZA ASSOCIATES 613.30 301.75 311.55 02f13/2003 288.99 - none 33.0120.1 CHERRY PLAZA ASSOCIATES 44.08 25.25 18.83 02f13/2003 30.11 - none 33.0166.1 CHERRY PLAZA ASSOCIATES 52.58 29.99 22.59 02f13/2003 33.87 - none 15.0047.2 CHRISTENSEN, DAVID 172.57 100.06 72.51 01/22/2003 100.06 - 51.1164.2 CHRISTIANSON, ARTHUR & CO 28.41 18.86 7.55 51.1168.3 CHRISTIANSON, ARTHUR & CO 22.65 15.10 7.55 51.1170.2 CHRISTIANSON, ARTHUR & CO 33.93 22.62 11.31 5.0760.1 CLARK SUZANNE 58.39 56.61 1.78 03{18/2003 55.77 - none 31.0790.3 CLARK, DONN 111.19 59.85 47.55 3.79 01/16/2003 40.00 - 65.0428.4 CLAUDE, SAM & SUE 48.79 40.03 8.76 01/17/2003 65.00 - 42.2376.3 CLAY, STEVEN & SUSAN 224.94 177.39 47.55 01/21/2003 97.86 - 21.2214.4 CLEVELAND, RICHARD & KARE 126.66 76.30 36.27 14.09 01{28/2003 25.00 - 5.0344.1 CLIFF, DWIGHT 67.13 38.63 28.50 02/13/2003 40.00 - none 13.5018.2 CLYNE, STEVEN & BRENDA 107.11 87.58 19.53 02/13/2003 40.03 - 21.1766.1 COFFMAN, RICK K. 145.91 83.82 47.55 14.54 01/21/2003 75.00 - none 50.4478.1 COLEMAN, MICHAEL R. 53.76 53.74 .02 02/18/2003 29.00 - none 2.1650.1 COLLINS, TERRY 115.74 17.05 17.05 81.64 10/21/2002 42.00 - none 74.3650.2 COLSON, CHRIS 137.19 77.43 59.76 02f19/2003 50.00 - 3.0398.2 CONGER, ALEX 67.90 36.67 31.23 02f20/2003 18.02 - 2.0640.1 COPE, LINDA 54.66 54.13 .53 02f18/2003 100.00 - none 4.0120.2 CORONA, JUAN & VICTOR 84.77 63.61 21.16 02/13/2003 80.00 - 6.1926.1 COTTONWOOD HOMES INC. 79.05 56.46 22.59 01/23/2003 10.33 - 31.3420.1 COUCH, JULIA 113.45 44.65 40.03 26.77 01/21/2003 40.00 - none 34.0910.1 COX, FAYE GAIL 73.61 71.95 1.66 01/23/2003 46.89 - none 22.0860.3 CRAIG, ANNIA 74.89 54.94 19.95 01/21/2003 46.27 - 37.3242.1 CREATIVE TECHNOLOGIES IN 52.41 17.47 17.47 17.47 01/02/2003 21.23 - 74.2834.1 CROWLEY, BILLY 76.61 76.55 .06 02f14/2003 115.04 - none 2.5690.5 CURIEL. FABIOLA 108.73 47.47 24.99 36.27 01/21/2003 47.71 - h. in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinq uent Account List- council Page: 3 Standard Payment Customers Mar 18,2003 04:00pm Current Period: 03/31f2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01131/2003 12f30/2002 11/30{2002 Dale Amount Msg 50.3734.1 CZARNECKI, CHERYL 153.93 98.86 55.07 01l08{2003 58.83 - none 4.1260.1 DABB, ROBIN 114.00 56.45 57.55 01/15/2003 107.74 - 14.4426.4 D'ALESSIO, OLGA 52.41 34.94 17.47 14.4324.1 D8D INC. 116.24 73.74 42.50 01/13/2003 57.00 - 2.1610.1 DESILET, DENICE 51.97 43.67 8.30 03104/2003 30.00 - none 14.4442.1 DEVIN BEACH 107.58 100.06 7.52 02/26/2003 46.27 - 74.0080.1 DIAMOND, KIMBERLY 129.96 67.37 62.59 02/1812003 43.60 - none 22.0978.1 DILLON, RANDY J. 85.02 81.26 3.76 03/1 012003 38.75 - none 33.2584.1 DIXON, COLETTE 129.96 71.13 58.83 01/2112003 99.02 - none 5.0382.2 DOMINIAK, CHRISTOPHER & S 109.20 57.89 51.31 01 {2812003 40.03 - 4.1166.3 DONALDSON, NEAL 86.71 48.41 38.30 12/1712002 74.84 - 33.2612.6 DONALDSON, NEAL 57.38 39.91 17.47 12/3012002 143.23 - 74.2912.1 DONALDSON, STEVEN 58.32 7.94 19.95 30.43 11/2612002 250.00 - none 19.0072.2 DUGGINS, ROY & ALTHEA 97.45 58.70 38.75 01/27/2003 49.38 - 31.0834.1 DUMONT JR, TED 189.59 85.87 57.55 46.17 02f2812003 108.79 . none 14.5004.2 DUNCAN, JEFF & MONIQUE 116.36 83.82 32.54 01/17/2003 40.00 - 4.1958.1 DUPLEX, HARRY 117.92 60.37 57.55 02/14/2003 50.03 - none 42.2598.2 EASTBURN ,GARY 153.64 99.85 53.79 02/19/2003 50.03 - 50,4602.3 EBORN, RICHARD 210.25 121.42 88.83 01/22/2003 108.00 - 31.3034.1 EDWARDS, MARILYN 75.67 29.45 21.23 24.99 01/16/2003 49.98 - none 22.1502.2 EDWARDS, ROBERT 213.93 146.38 67.55 01/17/2003 143.76 - 72.0101.1 ELK RUN HOMEOWNERS ASS 164.38 164.38 11/22/2002 200.00 - none 3.0068.1 ELLIOTT, CYNTHIA 85.88 46.15 39.73 01/07/2003 97.12 - none 13.8962.1 ELLIOTT, JEREMY 117.64 117.58 .06 02/19/2003 80.00 - 31.3062.3 EMERSON,DON 98.69 73.67 25.02 02/2612003 40.00 - 3.0428.3 EMMANUIL, MICHAEL 55.89 20.95 17.47 17.47 74.2686.1 EPPERSON,DAREN 51.02 42.39 8.63 02/26/2003 30.00 - none 50.1236.3 ERHART, MILT 78.73 53.74 24.99 02/14/2003 50.92 - 50.1242.3 ERHART, MILT 81.33 81.26 .07 02/18/2003 113.35 - 50.1240.4 ERHART, MILT 7.88 7.88 6.1498.2 ERICKSON, ROSS KERMIT 82.78 79.02 3.76 02/18/2003 15.07 - 50.1354.4 ESTATE OF BESSIE MATCHAM 187.12 133.82 53.30 02/19/2003 73.00 - 21.1594.1 FAGAN, VaN 67.37 47.42 19.95 12/16/2002 90.91 - none 21.1172.4 FALK, RICHARD 217.85 128.94 88.91 01/21/2003 95.87 - 32.1156.1 FARBER, BRIAN & KIMBER 91.37 91.34 .03 03/12/2003 40.00 - none 42.1840.1 FETTERS, CARMEN 62.94 34.19 28.75 02/10/2003 62.59 - none 22.1538.1 FILLMORE, CALVIN 132.68 107.58 25.10 12/05/2002 100.00 - none 42.0466.2 FISCHER, DAVID 74.44 52.85 21.59 0311812003 60.00 - 74.1006.1 FISHEL, GEORGE 179.10 82.32 96.78 01/2812003 62.50 - none 74.1058.1 FISHER, BEA J. 46.01 42.69 3.32 0311712003 50.00 - none 32.0568.1 FISHER, MELVIN 39.75 38.70 1.05 01/2312003 100.00 - none 2.0740.1 FISK, PATRICK 203.44 88.29 115.15 02/1912003 66.35 - none 16.3640.2 FITZEN, LARAE & LINDA 231 .96 103.82 50.03 46.27 31.84 0310612003 45.00 - 74.0350.1 FRANK, GARY E 44.00 43.99 .01 02/2412003 32.50 - none 74.2746.1 FRENCH, JOHN & KATHY 59.18 34.19 24.99 0111712003 53.74 - none 50.3754.1 FRENCH, LAWRENCE 160.28 136.38 23.90 02/1912003 60.00 - none 1.0840.2 FRIENDS OF CHILDREN & FAMI 52.41 34.94 17.47 14.3526.2 FUCHS, KIMBERLEE 123.85 83.82 40.03 02f1812003 36.27 - 34.1986.1 GALLEGOS, GARY 95.96 55.93 40.03 01/2812003 36.27 - none 22.2608.2 GALLOWAY, JERMAINE & KRIS 120.08 66.22 34.99 18.87 0112112003 70.00 - 50.4518.5 GAMBLIN, MIKE 81.24 53.74 27.50 02/2412003 30.00 - 2.5950.3 GARDINER, DAVID 185.93 89.03 96.35 .55 02/1912003 77.00- 50.1198.1 GARDOSKI, WILLIAM 93.77 57.50 36.27 01 {1612003 28.75 - none 33.2302.1 GARRARD, DALE 98.66 39.91 58.75 02/2612003 28.75 - none 21.0234.3 GARRETT, DAMON 99.65 97.50 2.15 03{1712003 80.00 - ... in Msg column indicates no Notice is to be sent {" CITi OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Mar 18, 2003 04:00pm Current Period: 03f31/2003 No Delinquent Minimum AmounlDelinquent Balance Last Pm! Last Pm! Cust No Name Balance Non-Delinq 01/31/2003 12/3012002 11/30{2002 Date Amount Msg 21.2218.1 GARVIN, MATTHEW & DIANE 91.30 78.30 15.00 02/24/2003 43.79 - none 34.2896.2 GAYTHWAITE, LARRY & TAMI 72.42 39.91 32.51 03/11/2003 28.70 - 2.2578.2 GINGRICK, KENT 91.44 45.17 46.27 02f14{2003 37.96 . 32.0732.1 GLASER, DELMAR 142.57 96.30 46.27 02f12f2003 46.27 - none 25.4050.2 GOEBEL, DANIEL & CAROLINE 84.68 44.65 40.03 12f11/2002 120.61 - 20.0178.1 GORDON, BILL 88.78 85.02 3.76 03f05/2003 34.99 - none 19.7128.4 GORDON, WILLIAM & SHERRIE 141.41 17.47 17.47 106.47 50.3908.1 GRAHAM, JOHN & KATHLEEN 79.00 68.78 10.22 02f1812003 45.00 - none 32.1256.2 GRASS, JOYCE 66.93 65.02 1.91 02124/2003 35.00 - 31.0156.1 GRIFFIN. RICHARD & GAIL 54.34 53.15 1.19 02f24/2003 50.00 - none 34.0382.3 GRIMM, ROBERT & TERRY 146.05 62.23 43.79 40.03 33.0850.2 GROFF, MARY 368.93 365.45 3.46 03/17/2003 162.46 - 69.0206.3 GROVES, CRAIG 71.56 32.51 39.05 01/17/2003 74.50 - 21.0462.3 GUNNARSON, HOWARD & RUT 179.27 106.38 70.11 2.78 03/17/2003 50.00 - 20.1478.2 HAKE, KAREN 96.72 69.98 28.74 02f18/2003 45.00 - 21.0058.2 HALEY, STEVE & STEPHANIE 86.12 77.50 10.62 03/04/2003 28.13 - 4.1594.1 HALL, BRIAN 83.74 51.23 32.51 01/27/2003 47.67 - none 33.2338.1 HAMIL TON, TRACEY 147.78 73.91 73.87 02f13/2003 66.35 - none 1.0020.1 HAMMOND OD, THOMAS R 89.19 52.92 36.27 01/08/2003 71.67 - none 46.0434.1 HAMMONS, KEVIN 67.68 38.93 28.75 02f12f2003 58.75 - none 72.0198.2 HAMP, CURTIS & JANET 55.59 46.27 9.32 02f12f2003 86.98 - 35.0173.2 HAMPSON, THEODORE & MICH 118.66 49.91 68.75 01/23/2003 77.S0 - 34.1046.2 HAMUDOT, NADIRD 119.88 66.09 53.79 01/21/2003 105.94 - 21.2074.3 HANFT, ROBERT 176.41 91.34 85.07 01/22f2003 99.02 - 74.3240.2 HANSEN, WADE 92.17 50.89 41.28 02/14/2003 35.00 - 33.2368.2 HARNECK, KARl 43.97 43.67 .30 02/11/2003 76.00 - 2.1530.3 HARPER, JAIME 121.46 56.87 62.59 02/04/2003 34.79 - 42.1820.1 HARRINGTON-BLACK, JODY 106.40 41.41 64.99 01/22f2003 75.19 - none 21.2090.2 HARRIS, WILLIAM 274.25 147.74 126.51 01/13/2003 70.11 - 50.1384.1 HART, DOUGLAS 59.93 36.70 21.23 01/21/2003 38.70 - none 21.1786.1 HART, DOUGLAS & DONNA 67.78 64.18 3.60 01/16/2003 84.34 - none 32.4952.3 HATCHER,BRANDY 51.28 49.98 1.30 02f12f2003 75.00 - 21.2256.1 HATCHER, RICHARD 134.28 57.47 36.75 38.06 12f23/2002 45.00 - none 22.1202.6 HATFIELD, TED 214.90 179.09 35.61 01/27/2003 67.74 - 31.0140.2 HAYS, JASON & CAROLYNE 63.74 51.35 12.39 02/13/2003 75.00 - 34.1702.1 HEDRICK, WENDY 218.90 137.65 81.25 01/15/2003 107.71 - none 22.1574.1 HEINTZ 111.29 88.78 22.51 03/05/2003 70.03 - none 69.0134.1 HEITZ, JAY 50.03 46.27 3.76 03/10/2003 42.51 - none 22.2526.2 HERBERT, WILLIAM III 157.53 85.02 72.51 01/22f2003 92.54 - 35.0047.2 HERSLEY, SCOTT 47.43 43.67 3.76 02f26/2003 32.51 - 31.3454.2 HICKMAN, JOHN 211.77 79.23 66.27 66.27 01/23/2003 80.49 - 51.3580.1 HIGGINBOTHAM, RON 130.93 67.14 63.79 02f18/2003 26.86 - none 31.3056.2 HOME BUYERS GROUP LLC 72.39 42.39 30.00 03/18/2003 34.99 - 51.4250.1 HOME PRO PLUMBING 344.57 344.57 02f27/2002 216.38 - none 32.0482.1 HORTON, EVERETT 146.41 95.10 51.31 02f12f2003 51.31 - none 2.3000.1 HOUSTON, TONY & THERESA 77.65 38.93 38.72 12f23/2002 90.00 - none 3.0010.2 HOWARD, KEITH & KEELI 90.33 87.31 3.02 02f19/2003 86.00 - 6.9868.1 HOWARD, MARTIN & KAREN 64.57 63.98 .59 01/24/2003 14.51 - 13.8862.2 HOWELL, CALVIN & SHARON 131.37 83.82 47.55 01/28/2003 36.27 - 50.0226.1 HOWELL, JAMES 251.37 175.10 76.27 01/21/2003 152.22 - none 19.6554.2 HSU, TOMAS & GUADALUPE 123.85 83.82 40.03 01/27/2003 40.03 - 42.1860.3 HUFFAKER. ROBERT 88.90 47.13 41.77 02/14/2003 110.00 - 65.0460.2 HUMPHREY, KELLY 133.90 65.07 68.83 01/23/2003 57.55 - 74.3436.2 HUMPHREYS, JASON & CHRIS 111.14 84.37 26.77 02f14/2003 50.00 - 51.0714.2 HUMPHREYS, JOHN 107.38 62.40 44.98 02f18/2003 40.00 - .++ in Msg column indicates no Notice is to be sent /"'" { CITi OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Mar 18, 2003 04:00pm Current Period: 03/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 01/31/2003 12/3012002 11 {30/2002 Date Amount Msg 21.1960.1 HUMPHREYS, LARRY 123.77 85.02 38.75 01/13f2003 46.27 - none 48.2840.1 IDA.TRAN 2,145.84 937.05 1,208.79 02f12/2003 2,847.52 - none 3.4001.1 INTERSTATE BATTERY 3.48 3.48 12f16/2002 3.48- 22.1638.2 IRONS, TERRY 58.74 58.70 .04 02f11/2003 27.43 - 52.0700.1 JABIL CIRCUIT 3,105.11 1,511.52 1,593.59 01/2112003 1,107.30 - 52.0750.1 JABIL CIRCUIT 229.45 33.90 195.55 01/21 {2003 477.55- 33.2760.3 JACKCI, JEANETTE & JENNIFE 60.92 44.65 16.27 03/13{2003 20.00 - 2.5820.1 JACKSON, ROBERT 77.16 48.41 28.75 02/13/2003 24.99 - none 51.3570.3 JAKOVAC, DESIREE 42.74 7.86 17.47 17.41 02/2712003 50.00 - 32.0936.1 JARDINE, MICHAEL 182.65 136.38 46.27 02f1912003 165.83 - none 31.0516.1 JARRETT, SHARON 35.89 20.95 14.94 02f18/2003 20.00 - none 31.0736.1 JENKINS, PHOEBE 35.86 24.29 11.57 01103/2003 52.00 - none 46.4712.1 JOHNNY CARINO'S 867.39 807.73 52.11 7.55 32.0616.2 JOHNSON, CONNIE JO 69.60 68.78 .82 03{1712003 56.00 - 22.2584.2 JOHNSON, SARA & MICHAEL 73.73 66.22 7.51 02/2612003 35.00 - 22.0330.1 JONES, ELDON & LORI 157.61 100.06 57.55 02/1812003 53.79 - none 50.2354.1 JONES, LARA 108.84 72.54 36.30 02/1812003 58.75 - none 4.1138.2 JONES, NATHAN & SARAH 99.89 72.39 27.50 02/1912003 50.00 - 50.2418.2 JONES, REX & CINDY 101.29 65.02 36.27 02/0612003 24.99 - 69.2270.3 JOSEPH, ROBERT & GEORGIA 102.71 40.03 47.55 15.13 01/0812003 112.96 - 46.0840.4 JUDY, VICTOR 62.41 35.69 26.72 01/2112003 82.00 - 21.0530.2 JUSTIN, TRACY 155.58 126.38 29.20 02/1312003 78.00 - 55.1536.1 KANTIPATEL 898.58 808.34 90.24 03{12f2003 541.63 - 33.3564.2 KA TINSKY, STEVE 89.18 34.19 54.99 01/2712003 58.16 - 21.3100.2 KATINSKY, STEVEN 92.44 57.50 17.4 7 17.47 21.1826.1 KEITHLEY, ROBERT 108.73 77.50 31.23 02/1812003 34.99 - none 4.1886.3 KELTON, RANDY & ROBERT 67.68 35.17 32.51 20.1942.1 KEMPER, JASON 63.61 43.66 19.95 0111512003 78.80 - none 33.2356.1 KENNEDY, BRIAN 86.27 43.67 40.03 2.57 01/2812003 35.00 - none 32.1270.3 KENNING, JENNIFER 90.84 76.30 14.54 02f1412003 20.00 - 34.1178.2 KHALE, STEPHANIE 67.68 31.41 36.27 01/2312003 43.79 - 42.1176.1 KHAMPHAY,VANASOUK 138.02 83.91 54.11 02/05/2003 98.91 - none 2.0426.2 KILMARTIN, E. JAMES & CARO 129.94 49.91 80.03 a 1I22f2003 68.18 - 31.1270.2 KLINT, CARL 113.55 65.63 47.92 02/1812003 110.00 - 21.0470.2 KNIGHT, ROBERT & JOANNE 173.61 72.54 101.07 02f1812003 48.00 - 34.0898.2 KNUTSON, DANETTE 59.65 20.95 17.47 21.23 12/23/2002 30.71- 21.0466.2 KORBER, GERALD 170.29 161.26 9.03 02/2112003 100.00 - 19.6642.1 KRENZ, ROY 108.73 69.98 38.75 01/03/2003 80.28. none 50.4598.3 KRETZCHMAR, JOHANN & RAC 56.17 34.94 21.23 50.4642.3 KUGEL, LISA 103.75 83.82 19.93 03/12f2003 40.00 - 74.0426.1 LACY, GLORIA 92.36 56.09 36.27 01l13{2003 70.24 - none 3.0654.1 LAMBERT, KENNETH 77.38 38.63 36.75 02/13{2003 31.23 - none 21.0184.4 LANDA, ISABEL 127.61 87.58 40.03 01/07{2003 92.64 - 20.0208.2 LANGEVIN, MICHAEL & DARCIE 129.77 88.78 40.99 03/13{2003 50.00 - 21.3018.1 LARSON, GORDON 111.26 81.26 30.00 03/13/2003 50.03 - none 22.1350.1 LAW, KIMBERLY 85.62 80.06 5.56 03/12/2003 45.75 - none 2.6490.2 LAWRENCE, MICHAEL & KIMBE 87.36 47.13 40.23 12/24/2002 97.76 - 21.2824.1 LEACH, GLEN 83.23 54.94 28.29 02/12/2003 32.00 . none 3.0012.2 LEE, WILLIAM 66.70 34.19 32.51 01/28/2003 28.75 - 42.4046.3 LEMA, ADAM & CLAIRE 110.85 75.91 17.47 17.47 12/12/2002 44.77 - 15.0066.2 L1BASSI, MIKE 68.88 34.94 17.47 16.47 01/03/2003 36.13 - 50.2422.1 L1NDEMOOD, DOUGLAS 127.53 115.02 12.51 02/20{2003 64.99 - none 23.0002.1 LINDER CROSSING 20.54 12.99 7.55 42.2520.1 LOCKYER, MERRIE 61.24 53.83 7.41 03/04/2003 50.00 - none 2.4270.1 LORD, LARRY R 101.21 47.47 21.23 32.51 12f23/2002 23.03 - none ... in Msg column indicates no Notice is to be sent d ( ClTi OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Mar 18, 2003 04:01pm Current Period: 03/3112003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2003 12/3012002 11/30/2002 Date Amount Msg 19.7608.2 LOVELAND, DUANE E 20.81 20.81 12f17/2002 19.99 - 20.0132.1 LOVELAND, JAMES 235.26 7.86 24.99 202.41 10/23/2002 80.28 - 33.2706.1 LOVELAND, JEREMY 60.16 31.41 28.75 01/21/2003 24.99 . none 21.2636.1 LUCERO, ROBERT & TRACY 100.00 100.00 02/03f2003 58.19. none 33.2340.3 LYON, CHRIS & TAMMY 98.66 39.91 58.75 01/23f2003 69.60 - 74.3072.1 LYTLE, CHAD & STACEY 105.66 59.39 46.27 01121/2003 66.75 - none 32.0774.1 MACY, KEVIN 95.13 76.30 18.83 03104/2003 15.00 - none 2.4480.1 MADRID, JOSEPH F 92.42 46.15 46.27 01/21/2003 77 .50 - none 2.5170.2 MANIER, DAVID & HELEN 74.03 67.37 6.66 02112/2003 70.00 - 37.4124.2 MARCO, INC 68.07 24.99 43.08 2.5940.1 MARINEAU, SHIRLEY 92.20 44.65 47.55 01128/2003 38.27 - none 50.4614.2 MARISU, LLC 554.60 349.68 204.92 01130/2003 182.36 - 21.1760.1 MARKLE, JAMES 112.57 72.54 40.03 02f13/2003 47.55 - none 50.2176.1 MARTIN, JASON 138.89 95.10 43.79 02f04/2003 43.79 - none 74.3592.4 MARTIN, PATTI 90.40 64.13 26.27 03/10/2003 50.00 - 35.1170.2 MARTINEZ, LUIS & VERONICA 49.32 46.27 3.05 03/12f2003 40.71 - 3.0306.5 MARTINEZ, MARIA 47.90 26.67 21.23 01/07/2003 52.27 - 74.3628.3 MARTINEZ, RICHARD 97.63 48.41 34.18 15.Q4 02f1612003 67.91 - 4.1548.2 MARX, JANA & BRADLEY, JON 116.72 54.13 62.59 02f18/2003 47.55 - 50.2304.1 MASSEY, ADAM & NICOLE 91.32 72.54 18.78 02/12/2003 50.00 - none 51.0514.1 MATHEWS, DONNA 65.65 40.66 24.99 02f26/2003 21.23 - none 51.4040.1 MATLOCK, JAMES 49.14 45.38 3.76 0311712003 20.81 - none 34.2106.2 MATLOCK, MELANIE R 343.91 59.45 21.23 24.99 238.24 25.4044.1 MATRIX HOMES 36.26 26.90 9.36 50.4821.1 MAWS #3 - SPRINLKER 3.48 3.48 12f27/2002 20.64 - 4.1626.1 MAXEY, SHANE & MICHELLE 48.32 46.15 2.17 01/15/2003 128.20 . none 74.2902.4 MCBAINE, DONALD 135.66 55.63 80.03 01/22/2003 84.04 - 1.0170.2 MCCURDY, NATHAN 131.12 77.50 53.62 02f18/2003 69.00 - 2.2070.1 MCFADDEN, ARTHUR L. 43.74 43.67 .07 02/26/2003 55.00 . none 51.3246.1 MCKAGUE, RICK 167.86 107.82 50.03 10.01 02f19/2003 25.00 . none 16.3620.4 MEDALLION HOMES 73.77 38.70 17.47 17.60 1.2730.1 MELLEN, ANGELA 247.77 143.90 103.87 02f19/2003 84.89 . none 32.0658.1 MELLEN, JOSEPH 176.49 98.86 77.63 01123/2003 43.79 . none 21.1132.1 MELTON, GARY 138.81 88.78 50.03 01f17/2003 90.08 - none 35.0408.2 MENDIOLA, GREG & CYNTHIA 66.23 47.43 18.80 02f13/2003 36.27 - 42.2422.2 MERCADO, RODERICK 88.44 48.41 40.03 01f23/2003 28.75 - 31.3304.2 MERCER, APRIL 120.18 61.65 58.53 02f11 {2003 71.00 - 50.0554.2 METZGER, MICHELLE 148.43 1.40 147.03 06/26{2002 65.00 - 74.3246.1 MEYER, JOHN & USA 118.36 63.37 54.99 02f18{2003 73.71 - none 50.3756.1 MICHALSCHECK, DEAN 149.92 136.46 13.46 03{11 {2003 84.00 - none 33.0056.1 MIKE CARDINAL 579.16 579.16 10{24{2001 322.22 - none 6.9016.1 MIKE RICE CONSTRUCTION 28.76 18.86 3.48 6.42 20.1698.1 MILLER & ASSOC 247.99 72.54 40.03 38.27 99.15 02f03{2003 30.00 - none 2.5330.3 MILLER, CHARLES 180.65 103.09 77.56 02/19/2003 81.38 - 74.3696.1 MILLER, GREGORY & ERICA 71.44 38.93 32.51 02/18/2003 58.75 - 35.0244.2 MILLER, MARK & WENDI 142.91 142.91 05/28/2002 45.96 - 32.1108.2 MILNER, BRIAN 101.29 68.78 32.51 02f18/2003 100.31 - 4.0538.1 MONSON, THOMAS 73.62 38.63 34.99 02f14/2003 57.47 - none 74.3300.1 MOORE, DONALD L 41.51 41.41 .10 03/17/2003 31.23 - none 6.1918.2 MOORE, KENNETH & CHRISTIE 130.39 7.55 7.55 115.29 08/27/2002 27.00 - 2.0926.3 MOORE, MANDY 105.91 44.65 32.51 28.75 01/21/2003 38.89 - 4.1634.1 MODRE, RUSSELL C 53.24 28.47 24.77 01115/2003 55.00 - none 13.0006.4 MORGAN, SKY & MADELYNN 120.01 81.26 38.75 02f13/2003 34.99. 3.0889.1 MORNING GLORY #2 HOA 10.44 10.44 22.1602.2 MOUNCE, ROBERT 147.30 122.62 24.68 02114/2003 100.00 . ... in Msg column indicates no Notice is 10 be sent f ClTi OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Mar 18, 2003 04:01 pm Current Period: 03/31/2003 No Delinquent Minimum AmountDeHnquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2003 12/3012002 11/30f2002 Date Amount Msg 32.0650.2 MOVVRY, CHARLOTTE 74.97 49.98 24.99 01{14/2003 24.99 - 19.7990.2 MUNKRES, MIKE 86.25 57.50 28.75 02/12f2003 28.75 - 50.0262.1 MURRI, SCOTT 108.81 76.30 32.51 02/11/2003 32.51 - none 21.2120.2 NEGUS, RICHARD & JUINNE 85.51 53.74 31.77 12126/2002 39.87 - 65.0450.1 NELSON, MARILYN 68.78 32.51 36.27 01/17/2003 65.02 . none 50.0034.1 NEWMAN, TIM 74.97 49.98 24.99 01/17/2003 51.78 - none 50.3820.3 NOBLE, JOHN 78.65 54.94 23.71 01/21/2003 57.23 - 32.4208.1 NORTHWOODS CONSTRUCTIO 41.90 34.94 3.48 3.48 4.0916.2 NUGENT, MICHAEL 60.40 56.61 3.79 03/04/2003 50.00 - 51.0936.2 NUTTAL, KYE & SUZANNA 86.17 62.46 23.71 01/14/2003 23.71 . 46.0334.1 ORR, KIRT 66.58 64.13 2.45 02/04/2003 35.00 . none 22.0454.1 P. JANSSON, JANIE 199.18 141.42 57.76 02/19/2003 80.00 - none 2.2748.4 PACK, PAUL 146.96 73.09 73.87 01/17/2003 227.87 - 31.3504.1 PADDOCK, LINDA 69.80 70.97 18.83 03/10/2003 40.00 - none 25.4524.2 PALMER, TAWNEE 131.52 76.45 55.07 02f19/2003 36.14 - 37.3654.1 PARI ERA CONSTRUCTION 10.72 7.24 3.48 37.3656.1 PATTEN, KENDRA & SCOTT 79.19 40.03 29.80 8.38 .98 33.2762.1 PATTERSON, DAVID 138.73 49.95 42.51 46.27 12f12f2002 107.90 - none 88.0013.1 PAUL CONSTRUCTION 28.88 28.88 02f21/2003 118.59 - 2.2550.6 PAUL PACK 57.41 56.91 .50 03/10/2003 58.33 - 51.0318.3 PAULIN, BEN 66.24 44.42 21.82 02f24/2003 20.00 - 4.0522.1 PEACOCK,ROBERT 55.16 36.67 18.49 03/04/2003 36.45 - none 1.1200.2 PERSIMMON RENTALS 144.48 106.38 38.10 03/17/2003 50.00 - 2.4010.3 PERSIMMON RENTALS 172.29 54.99 71.31 45.99 10/30/2002 60.33 - 35.0101.2 PETRAIN, JAMES 63.92 35.17 28.75 02/12f2003 32.45 . 32.0690.2 PETTERSON,KENNETH 135.13 91.34 43.79 01/21/2003 80.06. 74.3000.1 PHILLIPS, RICHARD 87.87 45.33 42.54 02/13/2003 50.00 - none 37.3868.3 PICCOLA, NATALIE & JASON 104.69 51.31 53.38 01/28/2003 50.00 - 36.0986.1 PIERCE CONSTRUCTION 22.00 18.52 3.48 15.0036.2 PIERCE, CHUCK SR & MARY 191.37 120.06 71.31 02f07/2003 68.56 - 34.1220.1 PIPER, GLENN 75.82 17.47 17.47 40.88 09/25/2002 76.27 - none 19.0280.4 PISONE, AMERICO & JUNE 142.72 17.47 47.47 77.78 21.1086.2 PITCHER, MIKE& CHRISTA 148.84 103.82 45.02 02/14/2003 47.00 - 46.0588.3 PLlNE, NERISSA 62.34 37.65 24.69 12/12/2002 66.06 - 74.3012.1 POFELSKI, MARK & ABBY 60.98 50.37 10.61 03104/2003 36.94 - none 3.0852.1 POFFENBERGER, EUGENE & E 133.95 48.11 72.51 13.33 02/12/2003 80.00 - none 34.3262.2 PORTLOCK, JEFFREY 28.14 26.67 1.47 12/09/2002 77.42 - 50.2402.1 POWELL, RANDY 176.49 113.90 62.59 02f14/2003 51.31 . none 34.1940.2 PRESLEY, ALLISON 71.44 38.93 32.51 02f24/2003 28.75 - 32.4934.1 PRESTIGE HOMES 26.19 24.71 3.48 2.0418.2 PRICE, DOUGLAS 129.96 63.61 66.35 01/21/2003 110.30 - 10.0068.2 PRIESS, JENNIFER 176.33 96.30 80.03 02f13/2003 49.34 - 3.0402.2 PRINCIPAL RESIDENTIAL MOR 89.34 17.47 71.87 21.1828.2 PRINTZ, DENIA 131.29 88.78 42.51 03/0312003 42.51 - 14.5034.2 PUTMAN,CHERYL 71.21 46.22 24.99 0212612003 25.85 - 1.0100.2 PYLlCAN, WOODROVV A. 101.29 61.26 40.03 02l18{2003 45.26 - 34.1172.1 QUARNBERG, CARL & DOROT 134.75 73.09 61.66 02l18{2003 56.00 - none 21.1476.2 QUINTANA, LOUIS 78.24 53.74 24.50 02l12f2003 25.00 - 74.0902.2 RACKHAM, LARRY 68.18 28.64 21.24 18.30 12123/2002 55.55 - 2.5670.1 RANSOM, JAMES R 108.71 51.19 47.55 9.97 02125/2003 40.00 - none 16.3001.1 RATCLIFFE INVESTMENTS 20.88 3.48 17.40 31.0840.1 REED,CAROLYN 59.18 30.43 28.75 02f12/2003 53.74 - none 33.4516.1 REMAX CAPITAL CITY 258.39 82.99 68.83 86.57 01122/2003 33.00 - none 42.2620.1 REYNOLDS, PATRICK T 75.61 51.87 23.74 02f13/2003 50.00 - none 34.1182.1 RICHARDSON. MICHELLE L 56.40 31.41 24.99 01 {16/2003 24.99 . none ... in Msg column indicates no Notice is to be sent C' CITi OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Mar 18, 2003 04:01pm Current Period; 03{31/2003 No Delinquent Minimum AmountDellnquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2003 12f30/2002 11/30/2002 Date Amount Msg 34.1694.2 RIDGEWAY, STEPHAN 118.84 63.77 55.07 01/24/2003 75.67 - 1.4100.5 RINCOVER, LAWRENCE 170.43 92.80 77.63 02f21 12003 39.70 - 75.0112.1 ROARING SPRINGS WATER PA 62.94 25.25 11.31 11.31 15.07 01/1612003 11.31 - 22.2072.2 ROBERTS, CATHERIN 120.36 50.95 17.47 21.23 30.71 11/21/2002 53.25 - 69.0422.1 ROBERTS, DOUG 85.02 38.75 46.27 01 {2812003 34.99 - none 34.0956.6 ROBICHAUD, ROBERT 58.39 49.39 9.00 02/19/2003 109.53 - 50.4534.1 ROCKE, SEAN 86.25 57.50 28.75 01{15/2003 28.75 - none 74.2632.4 ROE, WILLIAM JR 96.94 53.15 43.79 02/03/2003 36.27 - 74.2646.3 ROE, WILLIAM JR & DEVON 71.66 36.67 34.99 01116/2003 31.23 - 54.0001.2 RONALD VAN AUKER, INC 64.08 42.72 21.36 19.0336.1 RONG, MARY 131.29 88.78 42.51 01/27/2003 46.27 - none 34.1946.4 ROSIN, DOUGLAS & KI MB ERL Y 71.44 42.69 28.75 01/21/2003 43.79 - 74.2708.5 ROSS, EUGENE 121.93 53.15 47.55 21.23 12/27/2002 82.68 - 15.0040.3 ROWLEY, RICHARD 127.61 83.82 43.79 01/28/2003 36.27 - 47.0060.3 RUBOSKY,ROSANN 171 .97 57.19 74.72 40.06 12/12/2002 40.00 - 22.0914.1 RUCKER, JEAN 148.32 115.10 33.22 03104/2003 175.00 - none 22.2146.2 RUEPPEL, RONALD 95.15 92.54 2.61 03113/2003 35.00 - 47.0074.2 RUMSEY, PHILIP & JENNIFER 113.70 47.43 66.27 01/22/2003 79.08 - 74.3244.2 SARGENT, RICHARD & TERES 99.13 36.67 31.23 31.23 01/06/2003 117.64 - 42.2046.2 SAYLES, BRETT & JENNIFER 53.10 48.11 4.99 03/17/2003 60.00 - 22.1386.1 SCHAEFFER, MICHAEL 146.33 96.30 50.03 02/04/2003 96.82 - none 74.2890.3 SCHAfFER,ROBERT 50.79 49.39 1.40 12/13/2002 200.00 - 51.3290.1 SCHMIERER, JOSEPH 47.37 47.34 .03 02/25/2003 24.54 - none 31.0754.2 SCHOENWALD, RICHARD 82.72 38.93 43.79 01/31/2003 66.35 - 34.1764.2 SCHOMBURG, PATRICK 28.75 17.47 11.28 12f01/2002 28.75 - 21.1870.1 SCHOPPELREY, DOUGLAS & C 97.60 92.54 5.06 03114/2003 42.51 - none 34.2144.2 SCHRANK, THOMAS 74.91 74.89 .02 02/26/2003 38.00 - 32.0622.4 SCHUSTER, BILL & LESLIE 136.26 81.26 38.75 16.25 03105/2003 88.75 - 3.0677.1 SECO ASSOCIATES INC 18.82 3.48 15.34 09/18/2002 14.12 - none 2.2360.2 SEINKNECHT, DAVID 48.41 40.89 7.52 03/12f2003 32.51 - 42.3008.1 SHELLY, STEVEN 61.19 38.63 22.56 12/13/2002 33.19 - none 74.3242.1 SHEL TRON, ROGER 65.76 61.35 4.41 02/14/2003 120.00 - none 42.2526.1 SHELTRON, ROGER 128.14 81.87 46.27 02/19/2003 46.27 - none 50.1910.4 SHEL TRON, ROGER 101.57 72.54 29.03 02/14/2003 32.51 - 74.3960.1 SHERARD, BILL 111.41 57.59 53.82 02/14/2003 50.00 - none 50.0292.1 SHOEMAKER, TAMI 143.37 80.06 43.79 19.52 02f06/2003 102.00 - none 21.0208.1 SILSBY, TERRY 200.02 54.94 27.47 31.23 86.38 02/18/2003 150.00 - none 34.0528.2 SILVA, STEVEN 58.66 42.39 16.27 03/04/2003 30.00 - 32.0962.2 SLUDER,MELlSSA 268.21 268.06 .15 02/26/2003 85.00 - 74.1114.2 SLYTER, GORDON 82.20 61.65 20.55 02/18/2003 10.00. 51.0498.1 SMITH, KARL 58.97 58.64 .33 03{18/2003 40.00 . none 50.0012.1 SMITH, PAUL H. 74.03 72.54 1.49 03{10/2003 35.00 - none 74.3480.4 SMITH, RON & VICKI 46.15 42.39 3.76 01{13/2003 127.06. 21.2168.2 SMITH, RORY 131.37 107.58 23.79 02/14/2003 60.00 - 32.4822.3 SOMAZZI, ROGER & JENNIFER 107.04 57.50 47.55 1.99 02/19/2003 41.83 - 32.1576.1 SON, DAVID & SHELLlE 63.69 42.46 21.23 02/14/2003 103.06 - none 2.3430.1 SPEARS, BRYCE J. 119.69 111.83 7.86 03{14/2003 100.00 - none 32.0506.2 SPENCER. CHARLES & JANA 68.78 65.02 3.76 03{11/2003 32.51 - 3.0426.2 STAGGERS, PERRY 137.43 112.39 25.04 02/18{2003 50.00 - 21.0012.1 STEIDER, CHRIS 86.17 62.46 23.71 01{17/2003 157.19 - none 22.1048.1 STEINER, THURSTON 168.89 115.10 53.79 02/14{2003 53.79 - none 31.0496.1 STERTZ, SUSAN 102.66 55.11 47.55 0112312003 79.08 - none 32.0824.4 STEVENS, LARRY 121.32 100.06 21.26 02f18/2003 60.00 - 20.1688.3 STOLZ, DONALD 123.69 92.46 31.23 02f20/2003 61.23- 51.0322.1 STUTZMAN, JULIE 60.20 34.94 17.47 7.79 02f1412003 17.47 - none ... in Msg column indicates no Notice is to be sent ~.~ ( CITi OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Mar 18, 2003 04:02pm Current Period: 03131/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq a 1f31/2003 12130/2002 11/30/2002 Date Amount Msg 13.8462.4 SUNRISE ESTATES C/O 125.10 73.74 38.75 12.61 02/21/2003 51.00- 34.2879.1 SUPERIOR CONSTRUCTION 17.40 3.48 13.92 08{19/2002 3.48- 31.3468.2 SUTTON Ill, DONALD 71.15 51.87 19.28 02/14/2003 70.00 - 33.2334.1 SZURGOT, DOUGLAS 55.42 30.43 24.99 02/13/2003 51.94 - none 69.0484.6 TADEVIC, TOM 65.13 65.07 .06 03104{2003 72.53 - 22.1946.2 TALLEY, DANNY & KATHLEEN 106.88 106.38 .50 02l28{2003 58.33 . 50.1020.1 TECOINVESTMENTS 134.16 91.34 42.82 02f19{2003 41.00 - none 32.5500.1 THE CHURCH OF JESUS CHRI 30.17 22.62 7.55 4.1400.1 THIES, GREGORY 81.42 7.94 34.99 38.49 12103{2002 59.17 - none 51.1172.2 THOMAS{ANDERSON PARTNE 118.20 59.10 29.55 29.55 13.8124.2 THOMPSON, RYAN 94.34 92.54 1.60 01/21/2003 44.09 - 88.0023.1 THUESON CONSTRUCTION 124.60 124.60 01/02/2003 517.80 - 21.2768.2 THURBER, RICHARD 165.05 68.78 76.27 02f14/2003 42.51 - 19.4458.5 THURBER, RICK 67.45 46.22 21.23 01/10/2003 59.14 - 2.4062.4 TIMBERLINE INVESTMENTS 123.13 48.11 50.03 24.99 02f14/2003 10.00 - 2.0430.1 TOMSON, ILA 50.82 30.01 20.81 01/21/2003 20.81 - none 50.4022.3 TORGESON,MATTHEW 112.57 76.30 36.27 02f03/2003 35.26 - 42.2714.3 TOWNSEND, DAVE & JOYCE 109.17 109.17 35.3028.1 TRINITY HOMES 102.06 51.31 40.03 7.24 3.48 25.4026.1 TUSCANY HOMES 109.48 109.48 50.0506.2 ULMER, CLINT 112.68 95.10 17.58 03/10/2003 36.27 - 42.1204.3 UTZ, ARRON 79.94 43.67 36.27 01/27/2003 32.51 - 46.0378.1 VANDERSTELT,HENRY 32.67 31.41 1.26 12f26/2002 75.21 - none 19.0120.2 VANLEUVEN,MATTHEW 120.Q1 81.26 38.75 01/16/2003 89.73 - 42.2500.2 VANSICKLE, LARRY & TRUDY 84.90 46.15 38.75 01/24/2003 34.99 - 21.0080.1 VINCENT, SPARKY 443.40 242.94 121.47 78.99 02/18/2003 50.00 - none 35.5017.2 WAGEMAN, CLINT 143.36 36.27 107.09 02f24/2003 60.00 - 31.3464.2 WALBORN, KRIS & CARR. TER 119.27 17.47 66.27 35.53 10/22/2002 79.82 - 21.0004.1 WALKER FAMILY TRUST 100.98 54.71 46.27 01/27/2003 42.51 - none 20.3050.1 WALLKER BUILDING 24.43 20.95 3.48 34.1936.1 WALSH, RACHAEL A. 139.16 17.47 54.99 66.70 03/04/2003 50.00 - none 1.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29.17 - ".none 22.1734.1 WALTERS, J. SCOTT 135.13 87.58 47.55 02/13/2003 40.03 - none 74.3426.1 WARDEN, CAROL YNE 121.37 66.97 54.40 02f19/2003 150.00 - 31.3594.2 WARDLE, JOHN 102.66 55.11 47.55 01/17/2003 84.80 - 22.1594.1 WASDEN, NICHOLAS 101.21 66.22 34.99 01/21/2003 69.33 - none 32.0624.2 WATSON, DAVID 97.53 65.02 32.51 01/10/2003 103.56 - 31.3624.2 WATSON, HELEN & JAMES 63.45 59.85 3.60 01/27/2003 47.71 - 74.3052.1 WATSON, JASON 89.64 50.89 38.75 02107 f2003 88.75 - none 42.0462.4 WEBB, HENRY & CHERRIE 181.76 120.45 61.31 02f1912003 53.79 - 65.3116.1 WELLS, DARIN 53.74 24.99 28.75 01/23f2003 28.75 - none 3.9869.1 WENDELL & KASHA LAWRENC 13.92 6.96 3.48 3.48 11113f2002 427.49 - 31.3332.1 WENTZ, DANIEL R 71.44 42.69 28.75 01110f2003 69.76 - none 13.2056.3 WERHANE, WILLIAM 123.77 81.26 42.51 01113/2003 28.20 - 21.0474.2 WEST, RICK 120.99 81.26 39.73 12117/2002 100.36 - 50.4530.2 WEST, ROBERT & JONI 93.77 72.54 21.23 02f26/2003 36.27 - 31.3322.1 WESTON, DECKER 64.68 64.59 .07 02f26/2003 55.00 - none 46.0326.2 WHEELER, ETHAN 97.16 54.65 42.51 01/3012003 38.75- 74.3204.1 WHITE, TAWNYA 47.93 21.91 26.02 02113/2003 27.47 - none 10.1112.1 WHITNEY HOMES 108.73 73.74 34.99 01{15/2003 17.47 - 34.1508.1 WIARS, CAROLYN J. 72.17 57.89 14.28 03104/2003 30.00 - none 52.0262.1 WILD SHAMROCK LLP 477.34 125.12 35222 02/26/2003 284.54 - none 6.9702.1 WILHITE, JEFF & TRICIA 64.04 18.86 18.83 26.35 12f16/2002 23.57 - 40.0390.3 WILLIAMS, SKIPPER 62.57 21.93 40.64 03f04/2003 70.00 - 32.1252.2 WILLIAMSON, DALE 89.08 57.50 28.75 2.83 02/12/2003 30.00 - ... in Msg column indicates no Notice is to be sent CITi OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Mar 18, 2003 04:03pm Current Period: 03{31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01 {31/2003 12/30/2002 11/30/2002 Date Amount Msg 74.0356.1 WILSON, DEANA 128.38 74.59 53.79 02f10{2003 53.79 - none 50.0210.3 WILSON, MITCHELL 65.22 65.02 .20 02f24{2003 32.31 - 34.1954.1 WINGATE, DIANE 119.04 47.81 71.23 01/22/2003 118.34 - none 74.0094.3 WINWOOD, RANDY & CATHY 182.40 107.09 75.31 02/12/2003 60.00 - 32.0500.3 WOLF, STEVEN & MARTINEZ, V 89.06 80.06 9.00 03/14/2003 31.03 - 14.3006.2 WOOD, DOUGLAS & MELANIE 104.94 103.82 1.12 02/24/2003 42.00 - 74.3348.6 YEATTS, PAMELA 337.02 49.95 57.47 229.60 11 {20/2002 43.67 - 2.0670.1 YOUNG, AUSTIN L 37.66 28.26 9.40 02/26/2003 40.00 - none 7,1072.1 YOUNG, MIKE & ROBIN 59.18 30.43 28.75 02f13/2003 51 .23 - 34.2766.1 YOUNG, TOM 91.29 57.43 33.86 02f10{2003 65.00 - none 50.3784.1 ZAVALA, JOSE 102.20 68.78 33.42 02f14{2003 35.00 - none 4.0848.2 ZIMMERMAN, BRAD 107.24 55.93 51.31 02l13{2003 73.79 - 31.0658.2 ZIMMERMAN, RONALD 73.16 25.69 47.47 01/2412003 95.90 - Grand Totals: 59,906.51 34,329.90 19,351.00 2,305.26 3,920.35 Report Criteria: Terminated customers not included Cuslomer.Cust No = {<} 9900000 ... in Msg column indicates no Notice is to be sent DELINQUENCY FOR TURN OFF SCHEDULED FOR March 19, 2003 RECEIVED MAR 1 8 2003 City of Meridi~n:. City Clerk Offlce MAYOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, March 18,2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on March 19, 2003 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $25,576.61. ----' , ClTi OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Mar 18,2003 03:59pm Current Period: OY31 12003 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Tenninated customers not included Customer.Cust No '" {<} 9900000 Last Pm! Last Pmt Cust No Name Balance Non-Delinq 01/31/2003 12/3012002 11/30/2002 Date Amount Msg 69.0106.1 MCGOFF, WENDY 93.63 38.75 38.75 16.13 01f17/2003 50.00 - none 46.4610.1 4M 1 CANVEST LEASING 26.13 11.03 7.55 7.55 46.4618.1 4-M CANVEST 152.95 33.85 30.37 88.73 12f17/2002 318.53 - none 19.1208.1 A.J. HARDEE CONSTRUCTION I 25.33 7.86 17.47 12f01/2002 118.16- 2.1930.2 ACUNA, JULIO & 53,46 3.48 21.23 28.75 01/21/2003 82.68 - 2.2714.3 ADAMS, ROY & STACY 119.72 54.65 65.07 02/18{2003 53.79 . 42.2370.3 AIKMAN, WILLIAM 146.42 146.42 35.1168.2 ALLlSON,STEPHEN 43.66 19.95 23.71 01/1Y2003 19.95 - 20.1510.1 ALLRED, JAY D. 88.51 85.02 3.49 02/26{2003 42.78 - none 47.1214.1 AMERICRAFT HOMES 20.98 20.95 .03 02/18/2003 17.44 - 2.0888.1 ANDERSON,DEAN 78.39 30.43 24.99 21.23 1.74 1 013012002 58.38 - none 51.1138.2 ARANA & RC. LAND COMPANY 45.30 15.10 7.55 7.55 15.10 42.1986.2 ARMSTRONG, GARY & LAURA 91.68 61.65 30.03 OY17I2003 10.00 - 74.3660.2 ATHERTON, NOBLE 84.68 44.65 40.03 01/2812003 32.51 - 51.3370.1 ATWOOD, CINDI 77.21 54.88 22.33 01/21/2003 78.08 - none 34.3280.2 AUGUST, HENRY & TILLIE 68.50 35.99 32.51 02f06/2003 32.51 - 4.1770.2 AUSTIN, TERRY 60.98 20.95 40.03 01/21/2003 28.75 - 2.3550.2 BAILEY, PEGGY 88.79 37.13 51.66 02f20/2003 30.00 - 51.0694.1 BAILEY, PEGGY 134.78 112.15 22.63 03117{2003 50.00 - none 32.0878.1 BALL, WILLIAM 62.73 57.50 5.23 11119{2002 75.00 - none 4.1620.6 BARNEY,MARY 196.94 46.15 42.51 34.99 73.29 o 1/02f2003 70.00 - 31.3060.1 BASTIAN, DAVID 142.29 49.75 46.27 46.27 12fOY2002 133.74-none 74.2716.1 BAUGH, JAMES OR NANCY BE 90.91 54.65 36.26 02f18{2003 45.00 - none 37.3628.2 BEAR CREEK LLC 41.48 21.23 20.25 02/1812003 17,47 - 14.5010.2 BEAUCANNON, JUSTIN 109.32 88.78 20.54 02/27/2003 40.00 - 35.0403.2 BECKER,DANNY 36.64 35.17 1.47 01121/2003 59.79 - 33.2316.1 BELL, LILLY 48.76 43.83 4.93 03/1812003 30.00 - none 13.8568.2 BENITEZ, RICHARDO & TERRY 123.77 81.26 42.51 02f12f2003 50,43 - 46.0836.2 BENNETT, GREG 107.16 44.65 62.51 01/22f2003 92.24 - 51.3076.2 BENTLEY, DEAN & PHYLLIS 196.62 193.62 3.00 02f12f2003 90.05 - 35.3038.2 BERNHARD,MATTHEW 65.02 36.27 28.75 12f2312002 17,47 - 14.3004.2 BEWLEY, SANDRA & DAVID 138.81 92.54 46.27 02f21{2003 42.51 - 21.2032.3 BIANES, ANITA 168.18 143.98 24.20 02f06{2003 38.39 - 32.4068.3 BIGLEY, CYNTHIA 71.21 42.46 28.75 01/17/2003 68.62 - 74.2696.2 BLACK, ROBIN 37.90 36.67 1.23 02/25{2003 30.00 - 34.1532.1 BLACKWOOD, MITCHELL 53.21 53.15 .06 03/05{2003 40.00 - none 2.2140.1 BLAIR, WILMA 60.21 45.63 14.58 03{1012003 35.00 - none 2.4200.1 BLAKELY, CLAUDE JAMES 103.70 49.91 53.79 02/14/2003 42.51 - none 33,4154.3 BOBKO, RAYMOND 136.65 59.61 32.51 44.53 2.2980.2 BOLES, BRADLEY 70.60 36.51 32.09 02f06/2003 28.33 - 2.1800.2 BOLTON, TERESA 56.75 52.17 4.58 02f18/2003 84.89 . 32.1372.2 BOYD, JAMES 210.09 130.06 80.03 02/20/2003 50.03 . 5.0312.1 BRASFIELD, WILLIAM B. 110,40 56.61 53.79 02f1812003 68.75 - none 34.0420.1 BRENEMAN, JEFFERY 80.92 44.65 36.27 01/17/2003 72.54 . none 16.3306.2 BREWER, CHRIS & ELIZABETH 116.33 96.30 20.03 03/1712003 50.00 - 1.0800.1 BREWER, SID & SHELLY 131.29 57.SO 73.79 01 {22f2003 90.16 - none 32.0926.1 BRIGGS, NADINE 156.71 110.14 40.03 6.54 01 {1412003 100.00 - none 1.3510.4 BRINEGAR, E. E. 106.66 52.92 32.51 21.23 12f06/2002 124.47- 21.2564.4 BRINEGAR, KATHLEEN 30.84 17.74 13.10 02f07/2003 50.00 - 34.0512.1 BRITTON, BOB 128.89 7.86 17.47 103.56 08{2812002 54.77 - none 22.1614.2 BROWN, REBECCA 107.64 92.54 15.10 02f1812003 100.00 - ... in Msg column indicates no Notice is to be sent /. i CITi OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Mar 18,2003 03:59pm Current Period; 03/31/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01f31/2003 12f30/2002 11/3012002 Date Amount Msg 8.0144.2 BRUCE, TIMOTHY 71.12 42.39 28.73 02f04/2003 130.00 - 42.1178.1 BRUEGEMAN, NEIL 48.11 47.13 .98 03/05/2003 38.75 - none 20.1326.4 BRUMBLE. MATHEW 112.57 72.54 40.03 01/21/2003 58.16 - 14.3556.2 BURCHFIELD ENT 123.77 95.02 28.75 02f19/2003 35.27 - 19.4438.7 BURCHFIELD, DARRAL 138.81 68.78 70.03 01/22/2003 73.20 - 31.0720.2 BURKE, MARY 107.16 40.89 66.27 01/23/2003 123.91 - 19.6510.2 BURKETT. MARK 248.76 96.22 76.27 76.27 01/22/2003 83.14 - 69.0182.1 BURNS, DONALD 68.17 67.47 .70 02/19{2003 108.70 - none 50.2258.2 BUSBY, JAMES 103.52 102.62 .90 02/24{2003 54.07 - 69.0878.1 CALPIN, JOHN A. 215.46 42.51 46.27 42.51 84.17 02/13/2003 100.00 - none 42.0414.2 CAMPBELL, ROBERT 98.14 55.63 42.51 02f14/2003 38.75 - 32.1592.1 CARLYLE, KEITH 68.65 66.22 .43 03/13/2003 36.00 - none 34.1808.2 CARPENTER, DOUGLAS 92.42 49.91 42.51 02f19/2003 42.51 - 4.2166.2 CARPENTER, SEAN 227.14 134.55 92.59 01/22f2003 143.88 - 22.2164.2 CARTNER, RICHARD 90.01 61.26 28.75 01{27/2003 57.50 - 65.0608.2 CARVALLO, TERI 61.05 32.51 26.54 01/21/2003 50.00 - 21.2834.1 CASE,CYRUS 96.20 69.98 26.22 02f18/2003 40.00 - none 2.5130.1 CASPERSEN, MAUREEN K 111.22 53.67 57.55 02f12f2003 42.51 - none 50.0310.2 CASSo BRUCE C 112.57 72.54 40.03 02f14/2003 32.51 - 3.0850.2 CAST, PETER & VERIONICA 66.13 42.39 23.74 02f14{2003 50.00 - 34.3206.1 CATALANO, RICKY 38.42 3.46 17.47 17.47 01103/2003 34.94 - none 34.2876.1 CATLETT, SCOTT 54.66 48.41 6.27 02f18/2003 30.00 - none 21.1402.2 CHAPMAN, JAMES 195.21 136.38 58.63 02119/2003 113.43 - 74.2850.1 CHEESBROUGH, JAMES G. 97.16 54.65 42.51 02128/2003 114.28 - none 2.4700.2 CHENEY, STEVEN 55.01 43.67 11.34 02f18/2003 80.00 - 33.0156.1 CHERRY PLAZA ASSOCIATES 105.24 64.41 40.83 02/13/2003 52.11-none 33.0132.1 CHERRY PLAZA ASSOCIATES 35.58 20.51 15.07 02/13{2003 15.07 - none 33.0112.1 CHERRY PLAZA ASSOCIATES 613.30 301.75 311.55 02/13f2003 288.99 - none 33.0120.1 CHERRY PLAZA ASSOCIATES 44.08 25.25 18.83 02f13/2003 30.11 - none 33.0166.1 CHERRY PLAZA ASSOCIATES 52.58 29.99 22.59 02f13/2003 33.87 - none 15.0047.2 CHRISTENSEN, DAVID 172.57 100.06 72.51 01/22f2003 100.06 - 51.1164.2 CHRISTIANSON, ARTHUR & CO 26.41 18.86 7.55 51.1168.3 CHRISTIANSON, ARTHUR & CO 22.65 15.10 7.55 51.1170.2 CHRISTIANSON, ARTHUR & CO 33.93 22.62 11.31 5.0780.1 CLARK SUZANNE 58.39 56.61 1.78 03/18{2003 55.77 - none 31.0790.3 CLARK, DONN 111.19 59.85 47.55 3.79 01f16{2003 40.00 - 65.0428.4 CLAUDE, SAM & SUE 48.79 40.03 8.76 01 {17/2003 65.00 - 42.2376.3 CLAY, STEVEN & SUSAN 224.94 177.39 47.55 01/21/2003 97.66 - 21.2214.4 CLEVELAND, RICHARD & KARE 126.66 76.30 36.27 14.09 01/28/2003 25.00 - 5.0344.1 CLIFF, DWIGHT 67.13 38.63 26.50 02f13/2003 40.00 - none 13.5018.2 CLYNE, STEVEN & BRENDA 107.11 87.58 19.53 02113/2003 40.03 - 21.1766.1 COFFMAN, RICK K. 145.91 83.82 47.55 14.54 01/21/2003 75.00 - none 50.4478.1 COLEMAN, MICHAEL R. 53.76 53.74 .02 02f16/2003 29.00 - none 2.1650.1 COLLINS, TERRY 115.74 17.05 17.05 81.64 10/21/2002 42.00 - none 74.3650.2 COLSON, CHRIS 137.19 77.43 59.76 02/19/2003 50.00 - 3.0398.2 CONGER, ALEX 67.90 36.67 31.23 02/20/2003 18.02 - 2.0640.1 COPE. LINDA 54.66 54.13 .53 02/18/2003 100.00 - none 4.0120.2 CORONA. JUAN & VICTOR 84.77 63.61 21.16 02/13{2003 60.00 - 6.1926.1 COTTONWOOD HOMES INC. 79.05 56.46 22.59 01123/2003 10.33 - 31.3420.1 COUCH, JULIA 113.45 44.65 40.03 28.77 01{21/2003 40.00 - none 34.0910.1 COX, FAYE GAIL 73.61 71.95 1.66 01/23/2003 46.89 - none 22.0860.3 CRAIG, ANNIA 74.89 54.94 19.95 01/21/2003 46.27 - 37.3242.1 CREATIVE TECHNOLOGIES IN 52.41 17.47 17.47 17.47 a 1/02f2003 21.23 - 74.2834.1 CROWLEY, BILLY 76.61 76.55 .06 02f14/2003 115.04 - none 2.5690.5 CURIEL, FABIOLA 108.73 47.47 24.99 36.27 o 1/21f2003 47.71 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Mar 18, 2003 04:00pm CurrentPenod:0~31/2003 No Delinquent Minimum AmountDetinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2003 12f30/2002 11/30/2002 Date Amount Msg 50.3734.1 CZARNECKI, CHERYL 153.93 98.86 55.07 01108{2003 58.83 - none 4.1260.1 DABB, ROBIN 114.00 56.45 57.55 01/15{2003 107.74 - 14.4426,4 D'ALESSIO, OLGA 52.41 34.94 17.47 14.4324.1 DaD INC. 116.24 73.74 42.50 01/13/2003 57.00 - 2.1610.1 DESILET, DENICE 51.97 43.67 8.30 0~04{2003 30.00 - none 14.4442.1 DEVIN BEACH 107.58 100.06 7.52 0212612003 46.27 - 74.0080.1 DIAMOND, KIMBERLY 129.96 67.37 62,59 02118/2003 43.60 - none 22.0978.1 DILLON, RANDY J. 85.02 81.26 3.76 03110/2003 38.75 - none 33.2584.1 DIXON, COLETTE 129.96 71.13 58.83 01/21/2003 99.02 - none 5.0382.2 DOMINIAK, CHRISTOPHER & S 109.20 57.89 51.31 01/28{2003 40.03 - 4.1166.3 DONALDSON, NEAL 86.71 48.41 38.30 12f17/2002 74.84 - 33.2612.6 DONALDSON, NEAL 57.38 39.91 17.47 12f30/2002 143.23 - 74.2912.1 DONALDSON,STEVEN 58.32 7.94 19.95 30.43 11/26/2002 250.00 - none 19.0072.2 DUGGINS, ROY & ALTHEA 97.45 58.70 38.75 01f27/2003 49.38 - 31.0834.1 DUMONT JR., TED 189.59 85.87 57.55 46.17 02f28/2003 108.79 - none 14.5004.2 DUNCAN, JEFF & MONIOUE 116.36 63.82 32.54 0111712003 40.00 - 4.1958.1 DUPLEX, HARRY 117 .92 60.37 57.55 02114/2003 50.03 - nonB 42.2598.2 EASTBURN,GARY 153.64 99.85 53.79 02119/2003 50.03 - 50.4602.3 EBORN, RICHARD 210.25 121.42 88.83 a 1/22f2003 108.00 - 31.3034.1 EDWARDS, MARILYN 75.67 29.45 21.23 24.99 01/16/2003 49.98 - none 22.1502.2 EDWARDS, ROBERT 213.93 146.38 67.55 01{17/2003 143.76 - 72.0101.1 ELK RUN HOMEOWNERS ASS 164.38 164.38 11/2212002 200.00 - none 3.0068.1 ELLIOTT, CYNTHIA 85.88 46.15 39.73 01/07{2003 97.12 - none 13.8962.1 ELLIOTT, JEREMY 117.64 117.58 .06 02l19{2003 80.00 - 31.3062.3 EMERSON, DON 98.69 73.67 25.02 02l26{2003 40.00 - 3.0428.3 EMMANUIL, MICHAEL 55.89 20.95 17.47 17.47 74.2686.1 EPPERSON,DAREN 51.02 42.39 8.63 02f26/2003 30.00 - none 50.1236.3 ERHART, MILT 78.73 53.74 24.99 02f14/2003 50.92 - 50.1242.3 ERHART, MILT 81.33 81.26 .07 02f18/2003 113.35- 50.1240.4 ERHART, MILT 7.88 7.88 6.1498.2 ERICKSON, ROSS KERMIT 82.78 79.02 3.76 02118/2003 15.07 - 50.1354.4 ESTATE OF BESSIE MATCHAM 187.12 133.82 53.30 02l19{2003 73.00 - 21.1594.1 FAGAN, VON 67.37 47.42 19.95 12f16{2002 90.91 - none 21.1172.4 FALK, RICHARD 217.85 128.94 88.91 01f21/2003 95.87 - 32.1156.1 FARBER, BRIAN & KIMBER 91.37 91.34 .03 03l12f2003 40.00 - none 42.1840.1 FETTERS, CARMEN 62.94 34.19 28.75 02f10/2003 62.59 - none 22.1538.1 FILLMORE, CALVIN 132.68 107.58 25.10 12f05/2002 100.00 - none 42.0466.2 FISCHER, DAVID 74.44 52.85 21.59 03{18/2003 60.00 - 74.1006.1 FISHEL, GEORGE 179.10 82.32 96.78 01/28/2003 62.50 - none 74.1056.1 FISHER, BEA J. 46.01 42.69 3.32 0~17{2003 50.00 - none 32.0568.1 FISHER, MELVIN 39.75 38.70 1.05 01/2~2003 100.00 - none 2.0740.1 FISK, PATRICK 203.44 88.29 115.15 02f19{2003 66.35 - none 16.3640.2 FITZEN. LARAE & LINDA 231.96 103.82 50.03 46.27 31.84 0~06{2003 45.00 - 74.0350.1 FRANK. GARY E 44.00 43.99 .01 02124/2003 32.50 - none 74.2746.1 FRENCH, JOHN & KATHY 59.18 34.19 24.99 01/17/2003 53.74 - none 50.3754.1 FRENCH, LAWRENCE 160.28 136.38 23.90 02f19/2003 60.00 - none 1.0840.2 FRIENDS OF CHILDREN & FAMI 52.41 34.94 17.47 14.3526.2 FUCHS, KIMBERLEE 123.85 63.82 40.03 02118/2003 36.27 - 34.1986.1 GALLEGOS, GARY 95.96 55.93 40.03 01/28/2003 36.27 - none 22.2608.2 GALLOWAY, JERMAINE & KRIS 120.08 66.22 34.99 18.87 01/21/2003 70.00 - 50.4518.5 GAMBLIN. MIKE 81.24 53.74 27.50 02124/2003 30.00 - 2.5950.3 GARDINER, DAVID 185.93 89.03 96.35 .55 02f19/2003 77.00 - 50.1196.1 GARDOSKI, WILLIAM 93.77 57.50 36.27 01/16{2003 28.75 - none 33.2302.1 GARRARD. DALE 98.66 39.91 58.75 02l26{2003 28.75 - none 21.0234.3 GARRETT, DAMON 99.65 97.50 2.15 0~17/2003 80.00 - ... in Msg column indicates no Notice is to be sent /. ( CITi OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Mar 18,2003 04:00pm Current Period: 03131/2003 No Delinquent Minimum AnnountDelinquent Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 01/31/2003 1213012002 11/30/2002 Date Amount Msg 21.2218.1 GARVIN, MATTHEW & DIANE 91.30 76.30 15.00 02f24/2003 43.79 - none 34.2896.2 GAYTHWAITE, LARRY & TAMI 72.42 39.91 32.51 0311112003 28.70 - 2.2578.2 GINGRICK. KENT 91.44 45.17 46.27 02f14{2003 37.96 - 32.0732.1 GLASER, DELMAR 142.57 96.30 46.27 0211212003 46.27 - none 25.4050.2 GOEBEL, DANIEL & CAROLINE 84.68 44.65 40.03 12/1 1/2002 120.61 - 20.0178.1 GORDON, BILL 88.78 85.02 3.76 03105/2003 34.99 - none 19.7128.4 GORDON, WILLIAM & SHERRIE 141.41 17.47 17.47 106.47 50.3908.1 GRAHAM, JOHN & KATHLEEN 79.00 68.78 10.22 0211812003 45.00 - none 32.1256.2 GRASS, JOYCE 66.93 65.02 1.91 02124/2003 35.00 - 31.0158.1 GRIFFIN, RICHARD & GAIL 54.34 53.15 1.19 02124/2003 50.00 - none 34.0382.3 GRIMM, ROBERT & TERRY 146.05 62.23 43.79 40.03 33.0850.2 GROFF, MARY 368.93 365.45 3.48 03117/2003 162.46 - 69.0206.3 GROVES, CRAIG 71.56 32.51 39.05 01/17/2003 74.50 - 21.0462.3 GUNNARSON, HOWARD & RUT 179.27 106.38 70.11 2.78 03{17f2003 50.00 - 20.1478.2 HAKE, KAREN 98.72 69.98 28.74 02f18{2003 45.00 - 21.0058.2 HALEY, STEVE & STEPHANIE 88.12 77.50 10.62 03104/2003 28.13 - 4.1594.1 HALL, BRIAN 83.74 51.23 32.51 01{27{2003 47.87-none 33.2338.1 HAMIL TON, TRACEY 147.78 73.91 73.87 0211312003 66.35 - none 1.0020.1 HAMMOND aD, THOMAS R 89.19 52.92 36.27 01 {08{2003 71.67 - none 46.0434.1 HAMMONS, KEVIN 67.68 38.93 28.75 0211212003 58.75 - none 72.0198.2 HAMP, CURTIS & JANET 55.59 46.27 9.32 02f12f2003 86.98 - 35.0173.2 HAMPSON, THEODORE & MICH 118.66 49.91 68.75 01/2312003 77.50 - 34.1046.2 HAMUDOT, NADIRD 119.88 66.09 53.79 01/21/2003 105.94 - 21.2074.3 HANFT, ROBERT 176.41 91.34 85.07 01/2212003 99.02 - 74.3240.2 HANSEN, WADE 92.17 50.89 41.28 02114/2003 35.00 - 33.2368.2 HARNECK, KARl 43.97 43.67 .30 02f11/2003 76.00 - 2.1530.3 HARPER, JAIME 121.46 58.87 62.59 02f04f2003 34.79 - 42.1820.1 HARRINGTON-BLACK, JODY 106.40 41.41 64.99 01{22f2003 75.19 - none 21.2090.2 HARRIS, WILLIAM 274.25 147.74 126.51 01{1312003 70.11 - 50.1384.1 HART, DOUGLAS 59.93 38.70 21.23 01/21{2003 38.70 - none 21.1786.1 HART, DOUGLAS & DONNA 67.78 64.18 3.60 01/16{2003 64.34 - none 32.4952.3 HATCHER,BRANDY 51.28 49.98 1.30 02f12f2003 75.00 - 21.2256.1 HATCHER, RICHARD 134.28 57.47 38.75 38.06 12f23{2002 45.00 - none 22.1202.6 HATFIELD, TED 214.90 179.09 35.81 01/27/2003 67.74 - 31.0140.2 HAYS, JASON & CAROL YNE 63.74 51.35 12.39 02f1312003 75.00 - 34.1702.1 HEDRICK, WENDY 218.90 137.65 81.25 01{15/2003 107.71 - none 22.1574.1 HEINTZ 111.29 88.78 22.51 03l05f2003 70.03 - none 69.0134.1 HEITZ, JAY 50.03 46.27 3.76 03110/2003 42.51 - none 22.2526.2 HERBERT, WILLIAM III 157.53 85.02 72.51 01/2212003 92.54 - 35.0047.2 HERSLEY, SCOTT 47.43 43.67 3.76 02126/2003 32.51 - 31.3454.2 HICKMAN, JOHN 211.77 79.23 66.27 66.27 01/2312003 80.49 - 51.3580.1 HIGGINBOTHAM, RON 130.93 67.14 63.79 02118/2003 26.86 - none 31.3056.2 HOME BUYERS GROUP LLC 72.39 42.39 30.00 03118/2003 34.99 - 51.4250.1 HOME PRO PLUMBING 344.57 344.57 02f27/2002 216.38 - none 32.0482.1 HORTON, EVERETT 146.41 95.10 51.31 02f12f2003 51.31 - none 2.3000.1 HOUSTON, TONY & THERESA 77.65 38.93 38.72 12f2312002 90.00 - none 3.0010.2 HOWARD, KEITH & KEEU 90.33 87.31 3.02 0211912003 86.00 - 6.9888.1 HOWARD, MARTIN & KAREN 64.57 63.98 .59 01/2412003 14.51 - 13.8862.2 HOWELL, CALVIN & SHARON 131.37 83.82 47.55 01/28/2003 36.27 - 50.0226.1 HOWELL, JAMES 251.37 175.10 76.27 01/2112003 152.22 - none 19.6554.2 HSU, TOMAS & GUADALUPE 123.85 83.82 40.03 01/27/2003 40.03 - 42.1860.3 HUFFAKER, ROBERT 88.90 47.13 41.77 0211412003 110.00 - 65.0460.2 HUMPHREY, KELLY 133.90 65.07 68.83 01/23/2003 57.55 - 74.3436.2 HUMPHREYS, JASON & CHRIS 111.14 84.37 26.77 02114/2003 50.00 - 51.0714.2 HUMPHREYS, JOHN 107.38 62.40 44.98 02118/2003 40.00 - ... In Msg column indicates no Notice is to be sent /-' . ( CITi OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Mar 18,2003 04:00pm Current Period: 03f31/2003 No Delinquent Minimum AmountDelinquent Balance Last pmt Last Pmt Cust No Name Balance Non-Delinq 01131/2003 12130{2002 11/30{2002 Date Amount Msg 21.1960.1 HUMPHREYS, LARRY 123.77 85.02 38.75 01/13/2003 46.27 - none 48.2840.1 IDA-TRAN 2,145.84 937.05 1,208.79 02/12f2003 2,847.52 - none 3.4001.1 INTERSTATE BATTERY 3.48 3.48 12f16f2002 3.48- 22.1638.2 IRONS, TERRY 58.74 58.70 .04 02f11/2003 27.43- 52.0700.1 JABIL CIRCUIT 3,105.11 1,511.52 1,593.59 01/21/2003 1,107.30- 52.0750.1 JABIL CIRCUIT 229.45 33.90 195.55 01{21{2003 477.55 - 33.2760.3 JACKCI, JEANETTE & JENN!FE 60.92 44.65 16.27 03l13{2003 20.00 - 2.5820.1 JACKSON, ROBERT 77.16 48.41 28.75 02f13/2003 24.99 - none 51.3570.3 JAKOVAC, DESIREE 42.74 7.86 17.47 17.41 02127/2003 50.00 - 32.0936.1 JARDINE, MICHAEL 182.65 136.38 46.27 02f19/2003 165.83 - none 31.0516.1 JARRETT, SHARON 35.89 20.95 14.94 02f18/2003 20.00 - none 31.0736.1 JENKINS, PHOEBE 35.86 24.29 11.57 01/03/2003 52.00 - none 46.4712.1 JOHNNY CARINO'S 867.39 807.73 52.11 7.55 32.0616.2 JOHNSON, CONNIE JO 69.60 68.78 .82 03117/2003 56.00 - 22.2584.2 JOHNSON, SARA & MICHAEL 73.73 66.22 7.51 02126/2003 35.00 - 22.0330.1 JONES, ELDON & LOR! 157.61 100.06 57.55 02l18{2003 53.79 - none 50.2354.1 JONES, LARA 108.84 72.54 36.30 02l18{2003 58.75 - none 4.1138.2 JONES, NATHAN & SARAH 99.89 72.39 27.50 02l19{2003 50.00 - 50.2418.2 JONES, REX & CINDY 101.29 65.02 36.27 02106/2003 24.99 - 69.2270.3 JOSEPH, ROBERT & GEORGIA 102.71 40.03 47.55 15.13 01/0812003 112.96 - 46.0840.4 JUDY, VICTOR 62.41 35.69 26.72 01/21/2003 62.00 - 21.0530.2 JUSTIN, TRACY 155.56 126.38 29.20 0211312003 78.00 - 55.1536.1 KANTI PATEL 698.58 808.34 90.24 0311212003 541.63 - 33.3564.2 KATINSKY, STEVE 89.18 34.19 54.99 01/27/2003 58.16 - 21.3100.2 KATINSKY, STEVEN 92.44 57.50 17.47 17.47 21.1826.1 KEITHLEY, ROBERT 108.73 77.50 31.23 02f18{2003 34.99 - none 4.1886.3 KELTON, RANDY & ROBERT 67.68 35.17 32.51 20.1942.1 KEMPER, JASON 63.61 43.66 19.95 01/15/2003 78.80 - none 33.2356.1 KENNEDY, BRIAN 86.27 43.67 40.03 2.57 01 {28{2003 35.00 - none 32.1270.3 KENNING, JENNIFER 90.84 76.30 14.54 02l14{2003 20.00 - 34.1178.2 KHALE, STEPHANIE 67.68 31.41 36.27 01f23/2003 43.79 - 42.1176.1 KHAMPHAY, VANASOUK 138.02 63.91 54.11 02l05{2003 98.91 - none 2.0426.2 KILMARTIN, E. JAMES & CARO 129.94 49.91 80.03 01/2212003 68.18 - 31.1270.2 KLINT, CARL 113.55 65.63 47.92 02/16{2003 110.00 - 21.0470.2 KNIGHT, ROBERT & JOANNE 173.61 72.54 101.07 02/1812003 48.00 - 34.0898.2 KNUTSON,DANETTE 59.65 20.95 17.47 21.23 12f23/2002 30.71 - 21.0466.2 KORBER, GERALD 170.29 161.26 9.03 02f21/2003 100.00 - 19.6642.1 KRENZ, ROY 108.73 69.98 38.75 01103/2003 80.28 - none 50.4598.3 KRETZCHMAR, JOHANN & RAC 56.17 34.94 21.23 50.4642.3 KUGEL, LISA 103.75 83.82 19.93 03/12f2003 40.00 - 74.0426.1 LACY, GLORIA 92.36 56.09 36.27 01/13/2003 70.24 - none 3.0654.1 LAMBERT, KENNETH 77.38 38.63 36.75 02/13/2003 31.23 - none 21.0184.4 LANDA, ISABEL 127.61 87.58 40.03 01/07/2003 92.64 - 20.0208.2 LANGEVIN, MICHAEL & DARCIE 129.77 88.78 40.99 03/1312003 50.00 - 21.3018.1 LARSON, GORDON 111.26 81.26 30.00 03/13{2003 50.03 - none 22.1350.1 LAW, KIMBERLY 85.62 80.06 5.56 03{12f2003 45.75 - none 2.6490.2 LAWRENCE, MICHAEL & KIMBE 67.36 47.13 40.23 12f24{2002 97.76 - 21.2824.1 LEACH,GLEN 83.23 54.94 28.29 0211212003 32.00 - none 3.0012.2 LEE, WILLIAM 66.70 34.19 32.51 01/28/2003 26.75 - 42.4046.3 LEMA, ADAM & CLAIRE 110.85 75.91 17.47 17.47 12/12/2002 44.77 - 15.0066.2 LIBASSI, MIKE 68.88 34.94 17.47 16.47 01 ra3/2003 36.13 - 50.2422.1 LINDEMOOD, DOUGLAS 127.53 115.02 12.51 02f20/2003 64.99 - none 23.0002.1 LINDER CROSSING 20.54 12.99 7.55 42.2520.1 LOCKYER, MERRIE 61.24 53.83 7.41 03/04/2003 50.00 - none 2.4270.1 LORD, LARRY R. 101.21 47.47 21.23 32.51 12/23/2002 23.03 - none ... in Msg column indicates no Notice is to be sent / ! CITi OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Cuslomers Mar 18,2003 04:01pm Current Period: 03f31/2003 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2003 12f30/2002 11{30/2002 Date Amount Msg 19.7608.2 LOVELAND, DUANE E 20.81 20.81 12f17/2002 19.99 - 20.0132.1 LOVELAND, JAMES 235.26 7.86 24.99 202.41 1 0/23f2002 80.28 - 33.2706.1 LOVELAND. JEREMY 60.16 31.41 28.75 01/21/2003 24.99 - none 21.2636.1 LUCERO,ROBERT&TRACY 100.00 100.00 02f03f2003 58.19 - none 33.2340.3 LYON, CHRIS & TAMMY 98.66 39.91 58.75 01/23f2003 69.60 - 74.3072.1 LYTLE, CHAD & STACEY 105.66 59.39 46.27 01/21/2003 68.75 - none 32.0774.1 MACY, KEVIN 95.13 76.30 18.83 03104/2003 15.00 - none 2.4480.1 MADRID, JOSEPH F 92,42 46.15 46.27 01/21/2003 77.50 - none 2.5170.2 MANIER, DAVID & HELEN 74.03 67.37 6.66 02/12/2003 70.00 - 37.4124.2 MARCO, INC 68.07 24.99 43.08 2.5940.1 MARINEAU, SHIRLEY 92.20 44.65 47.55 01/28/2003 36.27 - none 50,4614.2 MARISU, LLC 554.60 349.68 204.92 01 {30{2003 182.36 - 21.1760.1 MARKLE, JAMES 112.57 72.54 40.03 02l13{2003 47.55 - none 50.2176.1 MARTIN, JASON 138.89 95.10 43.79 02104/2003 43.79 - none 74.3592.4 MARTIN, PATTI 90,40 64.13 26.27 03110/2003 50.00 - 35.1170.2 MARTINEZ. LUIS & VERONICA 49.32 46.27 3.05 03f12f2003 40.71 - 3.0306.5 MARTINEZ, MARIA 47.90 26.67 21.23 01/07/2003 52.27 - 74.3628.3 MARTINEZ, RICHARD 97.63 48,41 34.18 15.04 02f18/2003 67.91 - 4.1548.2 MARX, JANA & BRADLEY, JON 116.72 54.13 62.59 02f18/2003 47.55 - 50.2304.1 MASSEY, ADAM & NICOLE 91.32 72.54 18.78 02f12f2003 50.00 - none 51.0514.1 MATHEWS, DONNA 65.65 40.66 24.99 02f26/2003 21.23 - none 51,4040.1 MATLOCK, JAMES 49.14 45.38 3.76 03117/2003 20.81 - none 34.2106.2 MATLOCK, MELANIE R 343.91 59.45 21.23 24.99 238.24 25.4044.1 MATRIX HOMES 36.26 26.90 9.36 50.4821.1 MAWS #3 - SPRINLKER 3.48 3.48 12f27/2002 20.64 - 4.1626.1 MAXEY, SHANE & MICHELLE 48.32 46.15 2.17 01/15/2003 128.20 - none 74.2902.4 MCBAINE, DONALD 135.66 55.63 80.03 01/2212003 84.04 - 1.0170.2 MCCURDY, NATHAN 131.12 77.50 53.62 02f18/2003 69.00 - 2.2070.1 MCFADDEN, ARTHUR L 43.74 43.67 .07 02126/2003 55.00 - none 51.3246.1 MCKAGUE, RICK 167.86 107.82 50.03 10.01 02f19/2003 25.00 - none 16.3620.4 MEDALLION HOMES 73.77 38.70 17.47 17.60 1.2730.1 MELLEN, ANGELA 247.77 143.90 103.87 02f19/2003 84.89 - none 32.0658.1 MELLEN, JOSEPH 176.49 98.86 77.63 01123/2003 43.79 - none 21.1132.1 MELTON, GARY 138.81 88.78 50.03 01117/2003 90.08 - none 35.0408.2 MENDIOLA, GREG & CYNTHIA 66.23 47.43 18.80 02f1312003 36.27 - 42.2422.2 MERCADO, RODERICK 88.44 48.41 40.03 01/2312003 28.75 - 31.3304.2 MERCER, APRIL 120.18 61.65 56.53 02f11/2003 71.00 - 50.0554.2 METZGER, MICHELLE 148.43 1.40 147.03 06/26{2002 65.00 - 74.3246.1 MEYER, JOHN & USA 118.36 63.37 54.99 02l18{2003 73.71 - none 50.3756.1 MICHALSCHECK, DEAN 149.92 136.46 13.46 03f11/2003 84.00 - none 33.0056.1 MIKE CARDINAL 579.16 579.16 10/24/2001 322.22 - none 6.9016.1 MIKE RICE CONSTRUCTION 28.76 18.86 3.48 6.42 20.1698.1 MILLER & ASSOC 247.99 72.54 40.03 36.27 99.15 02f03l2003 30.00 - none 2.5330.3 MILLER, CHARLES 180.65 103.09 77.56 02l19{2003 81.38 - 74.3696.1 MILLER, GREGORY & ERICA 71.44 38.93 32.51 02/1812003 58.75 - 35.0244.2 MILLER, MARK & WENOI 142.91 142.91 05{2812002 45.96 - 32.1108.2 MILNER, BRIAN 101.29 68.78 32.51 02f18/2003 100.31 - 4.0538.1 MONSON, THOMAS 73.62 38.63 34.99 02f14/2003 57.47 - none 74.3300.1 MOORE. DONALD L 41.51 41.41 .10 03f17l2003 31.23 - none 6.1918.2 MOORE, KENNETH & CHRISTIE 130.39 7.55 7.55 115.29 08/27/2002 27.00 - 2.0926.3 MOORE, MANDY 105.91 44.65 32.51 28.75 01/21/2003 38.89 - 4.1634.1 MOORE. RUSSELL C 53.24 28.47 24.77 01{15{2003 55.00 - none 13.0006.4 MORGAN, SKY & MADELYNN 120.01 81.26 38.75 02f13f2003 34.99 - 3.0889.1 MORNING GLORY #2 HOA 10.44 10.44 22.1602.2 MOUNCE, ROBERT 147.30 1 22.62 24.68 02f14/2003 100.00 - ... in Msg column indicates no Notice is to be sent ( I" ClTi OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Mar 18, 2003 04:01pm Current Period: 03131/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 01f31f2003 12f30/2002 11/30/2002 Date Amount Msg 32.0650.2 MOWRY, CHARLOTTE 74.97 49.98 24.99 01/14/2003 24.99 - 19.7990.2 MUNKRES, MIKE 86.25 57.50 28.75 0211212003 28.75- 50.0262.1 MURRI, SCOTT 108.81 76.30 32.51 02l11f2003 32.51 - none 21.2120.2 NEGUS, RICHARD & JUINNE 85.51 53.74 31.77 12126/2002 39.87 - 65.0450.1 NELSON, MARILYN 68.78 32.51 36.27 01 {17/2003 65.02 - none 50.0034.1 NEWMAN, TIM 74.97 49.98 24.99 01 {17/2003 51.78 - none 50.3820.3 NOBLE, JOHN 78.65 54.94 23.71 01/21{2003 57.23 - 32.4208.1 NORTHWOODS CONSTRUCTIO 41.90 34.94 3.48 3.48 4.0916.2 NUGENT, MICHAEL 60.40 56.61 3.79 03/04/2003 50.00 - 51.0936.2 NUTTAL, KYE & SUZANNA 86.17 62.46 23.71 01/14/2003 23.71 - 46.0334.1 ORR, KIRT 66.58 64.13 2.45 02l04{2003 35.00 - none 22.0454.1 P. JANSSON, JANIE 199.18 141.42 57.76 02119/2003 80.00 - none 2.2748.4 PACK,PAUL 146.96 73.09 73.87 01{17/2003 227.87 - 31.3504.1 PADDOCK, LINDA 89.80 70.97 18.63 03/10/2003 40.00 - none 25.4524.2 PALMER, TAWNEE 131.52 76.45 55.07 02119/2003 36.14 - 37.3654.1 PARI ERA CONSTRUCTION 10.72 7.24 3.48 37.3656.1 PATTEN, KENDRA & SCOTT 79.19 40.03 29.80 8.38 .98 33.2762.1 PATTERSON, DAVID 138.73 49.95 42.51 46.27 12f1212002 107.90 - none 88.0013.1 PAUL CONSTRUCTION 28.88 28.88 02f21f2003 118.59 - 2.2550.6 PAUL PACK 57.41 56.91 .50 03/1012003 58.33 - 51.0318.3 PAULIN, BEN 66.24 44.42 21.82 02124/2003 20.00 - 4.0522.1 PEACOCK, ROBERT 55.16 36.67 18.49 03/04/2003 36.45 - none 1.1200.2 PERSIMMON RENTALS 144.48 106.38 38.10 03/17/2003 50.00 - 2.4010.3 PERSIMMON RENTALS 172.29 54.99 71.31 45.99 10/30/2002 60.33 - 35.0101.2 PETRAIN, JAMES 63.92 35.17 28.75 02f12f2003 32.45 - 32.0690.2 PETTERSON,KENNETH 135.13 91.34 43.79 01/21/2003 80.06 - 74.3000.1 PHILLIPS, RICHARD 87.87 45.33 42.54 02f13/2003 50.00 - none 37.3868.3 PICCOLA, NATALIE & JASON 104.69 51.31 53.38 01/28/2003 50.00 - 36.0986.1 PIERCE CONSTRUCTION 22.00 18.52 3.48 15.0036.2 PIERCE, CHUCK SR & MARY 191.37 120.06 71.31 02f07/2003 68.56 - 34.1220.1 PIPER, GLENN 75.82 17.47 17.47 40.88 09/2512002 76.27 - none 19.0280.4 PISONE, AMERICO & JUNE 142.72 17.47 47.47 77.78 21.1086.2 PITCHER, MIKE& CHRISTA 148.84 103.82 45.02 02114/2003 47.00 - 46.0588.3 PLlNE, NERISSA 62.34 37.65 24.69 12112f2002 66.06 - 74.3012.1 POFELSKI, MARK & ABBY 60.98 50.37 10.61 03/04/2003 36.94 - none 3.0852.1 POFFENBERGER, EUGENE & E 133.95 48.11 72.51 13.33 0211212003 80.00 - none 34.3262.2 PORTLOCK, JEFFREY 28.14 26.67 1.47 12fOS{2002 77.42 - 50.2402.1 POWELL, RANDY 176.49 113.90 62.59 02114/2003 51.31 -none 34.1940.2 PRESLEY, ALLISON 71.44 38.93 32.51 02124/2003 28.75 - 32.4934.1 PRESTIGE HOMES 28.19 24.71 3.48 2.0418.2 PRICE, DOUGLAS 129.96 63.61 66.35 01{21f2003 110.30 - 10.0068.2 PRIESS, JENNIFER 176.33 96.30 80.03 0211312003 49.34 - 3.0402.2 PRINCIPAL RESIDENTIAL MOR 89.34 17.47 71.87 21.1828.2 PRINTZ, DEN1A 131.29 88.78 42.51 03/0312003 42.51 - 14.5034.2 PUTMAN, CHERYL 71.21 46.22 24.99 02f2612003 25.85 - 1.0100.2 PYLlCAN, WOODROW A. 101.29 61.26 40.03 02f18/2003 45.26 - 34.1172.1 QUARNBERG,CARL&DOROT 134.75 73.09 61.66 02118/2003 56.00 - none 21.1476.2 QUINTANA, LOUIS 78.24 53.74 24.50 0211212003 25.00 - 74.0902.2 RACKHAM,LARRY 68.18 28.64 21.24 18.30 12123/2002 55.55 - 2.5670.1 RANSOM, JAMES R 108.71 51.19 47.55 9.97 02125/2003 40.00 - none 16.3001.1 RATCLIFFE INVESTMENTS 20.88 3.48 17.40 31.0840.1 REED,CAROLYN 59.18 30.43 28.75 02f1212003 53.74 - none 33.4516.1 REMAX CAPITAL CITY 258.39 82.99 88.83 86.57 01{2212003 33.00 - none 42.2620.1 REYNOLDS, PATRICK T 75.61 51.87 23.74 02f13/2003 50.00 - none 34.1182.1 RICHARDSON, MICHELLE L 56.40 31.41 24.99 01/16/2003 24.99 - none ... in Msg column indicates no Nolice is to be sent r ( CITi OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Mar 18, 2003 04:01pm Current Period: 03131 {2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Gust No Name Balance Non-Delinq 01 {31 12003 12f3012002 11{30/2002 Date Amount Msg 34.1694.2 RIDGEWAY, STEPHAN 118.84 63.77 55.07 01/24/2003 75.67 - 1.4100.5 RINCOVER, LAWRENCE 170.43 92.80 77.63 02121/2003 39.70 - 75.0112.1 ROARING SPRINGS WATER PA 62.94 25.25 11.31 11.31 15.07 01/16{2003 11.31 - 22.2072.2 ROBERTS, CATHERIN 120.36 50.95 17.47 21.23 30.71 11/21/2002 53.25 - 69.0422.1 ROBERTS, DOUG 85.02 38.75 46.27 01/28/2003 34.99 - none 34.0956.6 ROBICHAUD, ROBERT 58.39 49.39 9.00 02f19/2003 109.53 - 50.4534.1 ROCKE, SEAN 86.25 57.50 28.75 01115/2003 26.75 - none 74.2632.4 ROE, WILLIAM JR 96.94 53.15 43.79 02f03{2003 36.27 - 74.2646.3 ROE, WILLIAM JR & DEVON 71.66 36.67 34.99 01/16/2003 31.23- 54.0001.2 RONALD VAN AUKER, INC 64.08 42.72 21.36 19.0336.1 RONG,MARY 131.29 88.78 42.51 01/27/2003 46.27 - none 34.1946.4 ROSIN, DOUGLAS & KJMBERL Y 71.44 42.69 28.75 01/21/2003 43.79 - 74.2708.5 ROSS, EUGENE 121.93 53.15 47.55 21.23 12127/2002 82.68 - 15.0040.3 ROWLEY, RICHARD 127.61 83.62 43.79 01128/2003 36.27 - 47.0060.3 RUBOSKY,ROSANN 171.97 57.19 74.72 40.06 1211212002 40.00 - 22.0914.1 RUCKER, JEAN 148.32 115.10 33.22 03/04/2003 175.00 - none 22.2146.2 RUEPPEL, RONALD 95.15 92.54 2.61 03/13/2003 35.00 - 47.0074.2 RUMSEY, PHILIP & JENNIFER 113.70 47.43 66.27 01l22f2003 79.08 - 74.3244.2 SARGENT, RICHARD & TERES 99.13 36.67 31.23 31.23 01106/2003 117.64 - 42.2046.2 SAYLES, BRETT & JENNIFER 53.10 46.11 4.99 03/1712003 60.00 - 22.1386.1 SCHAEFFER, MICHAEL 146.33 96.30 50.03 02f04/2003 96.82 - none 74.2890.3 SCHAFFER, ROBERT 50.79 49.39 1.40 12f13/2002 200.00 - 51.3290.1 SCHMIERER, JOSEPH 47.37 47.34 .03 02f25/2003 24.54 - none 31.0754.2 SCHOENWALD, RICHARD 82.72 38.93 43.79 01{31/2003 66.35 - 34.1764.2 SCHOMBURG, PATRICK 28.75 17.47 11.28 12f01/2002 28.75 - 21.1670.1 SCHOPPELREY, DOUGLAS & C 97.60 92.54 5.06 03/14{2003 42.51 - none 34.2144.2 SCHRANK, THOMAS 74.91 74.89 .02 02f26/2003 38.00 - 32.0622.4 SCHUSTER, BILL & LESLIE 136.26 81.26 38.75 16.25 03/05/2003 88.75 - 3.0677.1 SECO ASSOCIATES JNC 18.82 3.48 15.34 09/16/2002 14.12- none 2.2360.2 SEINKNECHT, DAVID 48.41 40.89 7.52 03/1212003 32.51 - 42.3006.1 SHELLY, STEVEN 61.19 38.63 22.56 12113/2002 33.19- none 74.3242.1 SHEL TRON, ROGER 65.76 61.35 4.41 02114/2003 120.00 - none 42.2526.1 SHEL TRON, ROGER 128.14 61.67 46.27 02119/2003 46.27 - none 50.1910.4 SHEL TRON, ROGER 101.57 72.54 29.03 02114/2003 32.51 - 74.3960.1 SHERARD, BILL 111.41 57.59 53.82 02114/2003 50.00 - none 50.0292.1 SHOEMAKER, TAMI 143.37 80.06 43.79 19.52 02f06/2003 102.00 - none 21.0208.1 SILSBY, TERRY 200.02 54.94 27.47 31.23 66.36 02118/2003 150.00 - none 34.0528.2 SILVA, STEVEN 56.66 42.39 16.27 03/04/2003 30.00 - 32.0962.2 SLUDER, MELISSA 268.21 266.06 .15 02126/2003 65.00 - 74.1114.2 SLYTER, GORDON 82.20 61.65 20.55 02118/2003 10.00 - 51.0498.1 SMiTH, KARL 58.97 58.64 .33 03/18/2003 40.00 - none 50.0012.1 SMITH, PAUL H. 74.03 72.54 1.49 03/10/2003 35.00 - none 74.3480.4 SMITH, RON & VICKI 46.15 42.39 3.76 01113/2003 127.06 - 21.2168.2 SMITH, RORY 131.37 107.58 23.79 02114/2003 60.00 - 32.4822.3 SOMAZZI, ROGER & JENNIFER 107.04 51.50 47.55 1.99 02f19/2003 41.83 - 32.1576.1 SON, DAVID & SHELLlE 63.69 42.46 21.23 02f14/2003 103.06 - none 2.3430.1 SPEARS, BRYCE J. 119.69 111.83 7.86 03{14/2003 100.00 - none 32.0506.2 SPENCER, CHARLES & JANA 66.78 65.02 3.76 03{1112003 32.51 - 3.0426.2 STAGGERS, PERRY 137.43 112.39 25.04 02f18/2003 50.00 - 21 .0012.1 STEIDER. CHRIS 86.17 62.46 23.71 01/1712003 157.19 - none 22.1048.1 STEINER. THURSTON 168.89 115.10 53.79 02114/2003 53.79 - none 31.0496.1 STERTZ, SUSAN 102.66 55.11 47.55 01/23/2003 79.08 - none 32.0824.4 STEVENS. LARRY 121.32 100.06 21.26 02118/2003 60.00 - 20.1688.3 STOLZ, DONALD 123.69 92.46 31.23 02120/2003 61.23 - 51.0322.1 STUTZMAN, JULIE 60.20 34.94 17.47 7.79 02114/2003 17.47 - none ... in Msg column indicates no Notice is to be sent ~. ,. / i CITY OF MERIDIAN Delinquenl Account List- council Page: 9 Standard Payment Customers Mar 18, 2003 04:02pm Current Period: 03/31/2003 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 01/31f2003 12130/2002 11 {30/2002 Date Amount Msg 13.8462.4 SUNRISE ESTATES C/O 125.10 73.74 38.75 12.61 02121/2003 51.00. 34.2879.1 SUPERIOR CONSTRUCTION 17.40 3.48 13.92 08119/2002 3.48 - 31.3468.2 SUTTON III, DONALD 71.15 51.87 19.28 02f14{2003 70.00 - 33.2334.1 SZURGOT, DOUGLAS 55.42 30.43 24.99 02l13{2003 51.94 - none 69.0484.6 TADEVIC, TOM 65.13 65.07 .06 03/04/2003 72.53 - 22.1946.2 TALLEY, DANNY & KATHLEEN 106.88 106.38 .50 02128/2003 58.33 - 50.1020.1 TECO INVESTMENTS 134.16 91.34 42.82 02119/2003 41.00 - none 32.5500.1 THE CHURCH OF JESUS CHRI 30.17 22.62 7.55 4.1400.1 THIES, GREGORY 81.42 7.94 34.99 38.49 12103{2002 59.17 - none 51.1172.2 THOMAS/ANDERSON PARTNE 118.20 59.10 29.55 29.55 13.8124.2 THOMPSON. RYAN 94.34 92.54 1.80 01/21/2003 44.09 - 88.0023.1 THUESON CONSTRUCTION 124.60 124.60 01/02f2003 517.80 - 21.2766.2 THURBER, RICHARD 165.05 88.78 76.27 02f14/2003 42.51 - 19.4458.5 THURBER, RICK 67.45 46.22 21.23 01/10/2003 59.14. 2.4062.4 TIMBERLINE INVESTMENTS 123.13 48.11 50.03 24.99 02114/2003 10.00 - 2.0430.1 TOMSON, ILA 50.82 30.01 20.81 01/21/2003 20.81 - none 50.4022.3 TORGESON. MATTHEW 112.57 76.30 36.27 02f03/2003 35.26 - 42.2714.3 TOWNSEND, DAVE & JOYCE 109.17 109.17 35.3028.1 TRINITi HOMES 102.06 51.31 40.03 7.24 3.46 25.4026.1 TUSCANY HOMES 109.48 109.48 50.0506.2 ULMER, CLINT 112.68 95.10 17.58 03f10/2003 36.27 - 42.1204.3 UTZ, ARRON 79.94 43.67 36.27 01 {27/2OO3 32.51 - 46.0378.1 VANDERSTELT, HENRY 32.67 31.41 1.26 12f26/2002 75.21 - none 19.0120.2 VANLEUVEN,MATTHEVV 120.D1 81.26 38.75 01{16{2003 69.73 - 42.2500.2 VANSICKLE, LARRY & TRUDY 84.90 46.15 38.75 01/24/2003 34.99 - 21.0080.1 VINCENT, SPARKY 443.40 242.94 121.47 78.99 02l18{2003 50.00 - none 35.5017.2 WAGEMAN, CLINT 143.36 36.27 107.09 02124/2003 60.00 - 31.3464.2 WALBORN, KRIS & CARR, TER 119.27 17.47 66.27 35.53 10/22f2002 79.82 . 21.0004.1 WALKER FAMILY TRUST 100.98 54.71 46.27 01/27/2003 42.51 - none 20.3050.1 WALLKER BUILDING 24.43 20.95 3.48 34.1938.1 WALSH, RACHAEL A. 139.16 17.47 54.99 66.70 03f04/2003 50.00 - none 1.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29.17 - '''none 22.1734.1 WALTERS, J. SCOTT 135.13 87.58 47.55 02113/2003 40.03 - none 74.3426.1 WARDEN, CAROLYNE 121.37 66.97 54.40 02119/2003 150.00 - 31.3594.2 WARDLE, JOHN 102.66 55.11 47.55 01/17/2003 84.80 - 22.1594.1 WASDEN, NICHOLAS 101.21 66.22 34.99 01/21/2003 69.33 - none 32.0624.2 WATSON, DAVID 97.53 65.02 32.51 01/10/2003 103.56 - 31.3624.2 WATSON, HELEN & JAMES 63.45 59.85 3.60 01/27/2003 47.71 - 74.3052.1 WATSON, JASON 89.64 50.89 38.75 02f07/2003 68.75 . none 42.0462.4 WEBB, HENRY & CHERRIE 181.76 120.45 61.31 02f19/2oo3 53.79 - 65.3116.1 WELLS, DARIN 53.74 24.99 28.75 01/23/2003 28.75 - none 3.9869.1 WENDELL & KASHA LAWRENC 13.92 6.96 3.48 3.48 11/13/2002 427.49 - 31.3332.1 WENTZ, DANIEL R 71.44 42.69 28.75 01/10{2oo3 69.76 - none 13.2056.3 WERHANE. WILLIAM 123.77 81.26 42.51 01/13{2003 28.20 - 21.0474.2 WEST, RICK 120.99 81.26 39.73 12f17l2002 100.38 . 50.4530.2 WEST. ROBERT & JONI 93.77 72.54 21.23 02126/2003 36.27 - 31.3322.1 WESTON, DECKER 64.66 64.59 .07 02l26{2003 55.00 - none 46.0326.2 WHEELER. ETHAN 97.16 54.65 42.51 01/30{2003 38.75 - 74.3204.1 WHITE. TAWNYA 47.93 21.91 26.02 02l13{2003 27.47 - none 10.1112.1 WHITNEY HOMES 108.73 73.74 34.99 01/15/2003 17.47- 34.1508.1 WIARS, CAROLYN J. 72.17 57.89 14.28 03104/2003 30.00 - none 52.0262.1 WILD SHAMROCK LLP 477.34 125.12 352.22 02126/2003 284.54 - none 6.9702.1 WILHITE, JEFF & TRICIA 64.04 18.86 18.83 26.35 12f16/2002 23.57 - 40.0390.3 WILLIAMS, SKIPPER 62.57 21.93 40.64 03104/2003 70.00 - 32. 1252.2 WILLIAMSON. DALE 89.08 57.50 28.75 2.83 02f1212003 30.00 - ". In Msg column indicates no Notice is to be sent ;." CITY OF MERIDIAN Delinquent Account List. council Page: 10 Standard Payment Customers Mar 18,2003 04:03pm Current Period: 03131/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last pmt Cust No Name Balance Non-Delinq 01/3112003 12f30/2002 11f30/2002 Date Amount Msg 74.0356.1 WILSON, DEANA 128.38 74.59 53.79 02f10f2003 53.79 - none 50.0210.3 WILSON, MITCHELL 65.22 65.02 .20 02124/2003 32.31 - 34.1954.1 WINGATE, DIANE 119.04 47.81 71.23 01/22f2003 118.34 - none 74.0094.3 WINWOOD, RANDY & CATHY 182.40 107.09 75.31 02l12f2003 60.00 - 32.0500.3 WOLF, STEVEN & MARTINEZ, V 89.06 80.06 9.00 0311412003 31.03 - 14.3006.2 WOOD, DOUGLAS & MELANIE 104.94 103.82 1.12 02f24/2003 42.00 - 74.3348.6 YEATTS, PAMELA 337.02 49.95 57.47 229.60 11/20/2002 43.67 - 2.0670.1 YOUNG, AUSTIN L 37.66 28.26 9.40 02f26/2003 40.00 - none 7.1072.1 YOUNG, MIKE & ROBIN 59.18 30.43 28.75 02f13f2003 51.23 - 34.2766.1 YOUNG, TOM 91.29 57.43 33.86 02f10/2003 65.00 - none 50.3784.1 ZAVALA, JOSE 102.20 68.78 33.42 02f14/2003 35.00 - none 4.0848.2 ZIMMERMAN. BRAD 107.24 55.93 51.31 02f13{2003 73.79 - 31.0658.2 ZIMMERMAN, RONALD 73.16 25.69 47.47 01/24/2003 95.90 - Grand Totals: 59,906.51 34,329.90 19,351.00 2,305.26 3,920.35 Report Criteria: Terminated customers not induded Customer.Cust No = (<} 9900000 ... in Msg column indicates no Notice is to be senl , . CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 300]6 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSU TANTS INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this ~day of , 2003. The CLIENT and CSC in consideration of their mutua] covenants The Client intends to construct new pumping facilities at Well No. 25 located Victory Road adjacent to the Ridenbaugh Canal. The proposed improvements consist of a new pump house, vertical turbine well pump and motor, electrical controls, emergency generator, site improvements and appurtenances, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITfES The CLIENT wil] provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title repOtts; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated March 7,2003, BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated March 7, 2003. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT, THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, [ 83642 BY; Civil Survey Consultants, Inc. 100 South Adkins Way, Suite ]01 Meridian, Idaho 83642 BY'~~ \\\\11111111//1 'J.\\\\ ~ MJ:"~/'liJ;jl11othy A. Burgess, Vice President " _I U" ''-IT/I'' 'I .$ .Ii '- u/.."....'Z ~ ~'_ap() -.,..". ?- ~ ~!.r -~,..~ ~ ~ ...."A ~ ~ V ~ TITLE: TITLE: APPROVED BY CITY COUNCIL: WO 3/7/03 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering andlor land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey andlor construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSe's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modity any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of esc. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, [asses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS. CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations ofthis Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. wo 20f4 3/7/03 TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of esC's statement therefor, the amounts due esc will be increased at the rate of 1.5% per month from said tenth day, and in addition, esc may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is tenninated by either party, ese shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. esc and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. ese and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, andlor the environment. cse agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and aJl measures that in CSC's professional opinion are justified to preserve and protect the health and safety of esc's personnel and the public, andlor the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon esC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies ansmg out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the eventthat legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value oftime spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSc. wo 30f4 3/7/03 Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vi ce Presi dent Labor: Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2002 Project Manager Chief of Surveys Project Engineer Design Engineer Design/Survey Technician 1 Design/Survey Technician 2 Direct Expenses: WO GPS Vehicle 2- Wheel Drive Vehicle 4- Wheel Drive Outside Printing Long Distance Telephone Sub-Consultants - $ 90.00 per hour - $ 90.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost - $ Cost - $ Cost 40f4 3/7/03 " Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-43 12 Fax 888-0323 Timothy A. Burgess, r.E. Vi ce Pres ident March 7, 2003 Len Grady City of Meridian 660 E. Watertower Meridian,ID 83642 Re: Well No. 25 Dear Len: Thank you for considering Civil Survey Consultants to provide professional services required for the construction of new pumping facilities for Well No, 25. We propose to provide these services based upon the following scope of services: Design Services: 1. Well 25 will be located on Victory Road between Eagle Road and Locust Grove Road. Well 25 has not been completed as of this date. Based upon previous Meridian wells we anticipate a vertical turbine pump to be designed for a maximum continuous delivery rate of approximately 2000 gpm. Actual delivery rate will be determined based upon well performance and actual head conditions. 2. CSC will provide complete design services required for preparation of plans and specifications for new pumping facilities. The site is an undeveloped piece of land located on the south side of Victory Road adjacent to the Ridenbaugh canal. The new pumping facilities will include the following components: a. The well building will be masonry block construction, with aluminum fascia and soffets, and architectural fiberglass shingles. The new building will be approximately 16' wide by 28' long. There will not be a separate chlorine room. b. The well will be equipped with a new vertical turbine pump. The pump will be selected based upon the characteristics of the actual completed well. Motor size is anticipated to be 150 to 200 horsepower, An automatic pre-lube system will be provided for the pump column bearings. c. The pump motor will be controlled by a Variable Frequency Drive (VFD). Pump motor speed will be set to maintain a constant pressure in the discharge piping. " Grady March 7, 2003 Page 2 of 4 d. The well will be equipped with a natural gas powered emergency generator to be located outside the pump house in a weatherproof enclosure. The generator shall be equipped with an automatic transfer switch. e. The construction contract will require that the Contractor install a Radio Telemetry (RTU) Panel to operate the well with the current City system. The RTU panel will be furnished by the City. The contract will require the Contractor to install a conduit to support the antenna. The City will install the actual antenna and wiring. The Contract will require the Contractor to install conduit between the RTU and VFD, along with the necessary contacts and wiring for the desired telemetry functions. The City will provide a list of functions to be included, and the type of contact( s) required. f. The building will include heating, ventilation and air conditioning. g. A liquid solution-metering pump will be provided. The pump will be controlled proportional to the flow by a 4-20 ma signal from the flow meter. h. Site improvements will consist of an asphalt driveway and parking area with access off Victory Road. A concrete sidewalk will be installed across the Victory Road frontage. The remainder of the site shall have a 3i4"-minus crushed gravel surface. A 6' -0" chain link fence will be provided around the perimeter of the well site. No landscaping will be provided under this contract. All landscaping shall be by others. 1. The site is located adjacent to the Ridenbaugh Canal and Nine Mile Creek. The site is east of the Ridenbaugh Canal not within the 1 DO-year flood plain for Nine Mile Creek. No work associated with flood plain issues is required. J. The well will include a manual by-pass pipeline to the Ridenbaugh Canal. The Consultant shall contact the Boise Project Board of Control and other irrigation districts as necessary to obtain permission for a temporary by-pass to the Ridenbaugh Canal. 4. CSC will submit the completed plans and specifications to the Idaho Department of Envirorunental Quality, the Ada County Highway District, and the Owner for review and approvaL 5. CSC will provide an advertisement for bids for publication by the Owner; answer any pre-bid questions; attend the bid opening. CSC will provide the Owner up to 30 copies of plans and specifications for bidding purposes. Grady March 7; 2003 Page 3 of 4 6. CSC will attend a pre-construction meeting. 7. The Owner will issue the Notice Of Award, Agreement, and Notice To Proceed, and will handle all contract administrative work. 8. CSC will begin design upon receipt of a notice to proceed from the City of Meridian and a final pump test results from the completed well. 9. The City of Meridian will perform ahydrauIic analysis of the distribution system with their computerized water model and provide CSC with predicted main line pressures at well discharge rates of 500, 1000, 1500, 2000, and 2500 gallons per minute. 10. the City of Meridian will make all arrangements with Idaho Power Company and Intermountain Gas Company for utility service to the well site. Construction Services: 1. CSC will provide complete construction services including coordination between the Owner, Contractor, Sub-contractors and Sub-consultants. 2. CSC will provide construction observation services. 3. CSC will prepare contractor's partial payment estimates for approval by the owner. 4. CSC will review and evaluate the need for change orders during construction and provide a recommendation to the Owner regarding their approval or denial. 5. CSC will conduct the final inspection and assist the owner with project close out. 6. CSC will prepare record drawings for the completed facilities. 7. CSC will conduct a one year warranty inspection. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of$ 17,190.00 without prior approval of the Owner. We propose to provide the Construction Services as outlined above on a time and materials basis according to the attached rate schedule plus direct expenses and sub-consultant expenses. I estimate the fee for construction services will be approximately $ 7,230.00. The above fee estimates are based upon utilizing Mulder Engineering Incorporated for the electrical engineering services and Kartchner Engineering for mechanical services. A copy of our man-hour and fee estimate is attached for your reference. The above fee estimate assumes that Meridian will pay for all costs associated with permits, licenses, testing and publishing costs. Grady March 7, 2003 Page 4 of 4 Ifthe proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this proj ect. Sincerely, ~~ Tim Burgess, P.E. Vice President enc. Civil Survey Consultants Man-hour Estimate City of Meridian Municipal Well No. 25 Task Description Professional Design PLS Survey Survey Total Engineer Engineer Technician 1 Technician 2 L Design a. Coordination & Meetings 4 8 12 b. Site Surveys 2 6 6 14 c. Building Concepts and Approval 1 8 9 d. Hydraulic Analysis 1 8 9 e. Pump & Piping 2 20 22 f. Building 2 32 34 g. Site Design 1 8 9 h. Contract Documents 2 20 22 i. Review and Approval 4 16 20 2. Bidding a. Coordination & Meetings 1 8 9 Design & Bidding Total Man-Hours 18 128 2 6 6 160 3. Construction a. Coordination & Meetings 2 4 6 b. Construction Staking 2 4 4 10 b. Inspection 4 40 44 c. Payment Estimates 1 8 9 d. Change Orders 1 4 5 e, Record Drawings 1 16 17 Construction Total Man-Hours 9 72 2 4 4 91 Well25.xls 3/7 /03 Civil Survey Consultants Design Fee Estimate City of Meridian Municipal Well No. 25 Classifiaction Hours Rate Total Project Manager 18.00 @ $90.00 = $1,620.00 Proiect Engineer 128.00 @ $70.00 = $8,960,00 Professional Land Surveyor 2.00 @ $90.00 = $180.00 Survey Techncian 1 6.00 @ $60.00 = $360.00 Survey Techncian 2 6.00 @ $55.00 = $330.00 GPS 6.00 @ $40.00 = $240.00 Labor Subtotal 154.00 $11,690.00 Classifiaction Hrs/Miles Rate Total Plan Set Printing 40 @ $12.00 = $480.00 SDecification Printing 40 @ $23.00 = $920.00 Misc. Printing $100.00 Kartchner - HVAC $1,000.00 Mulder - Electrical $3,000.00 Direct Subtotal $5,500.00 Total Design Fees $17,190.00 Well25.xls 3/7/03 Civil Survey Consultants Construction Services Fee Estimate City of Meridian Municipal Well No. 25 Classifiaction Hours Rate Total Project Manager 9.00 @ $90.00 ::: $810.00 Project Engineer 72.00 @ $70.00 ::: $5,040.00 Professional Land Surveyor 2.00 @ $90.00 ::: $180.00 Survey Techncian 1 4.00 @ $60.00 ::: $240.00 Survey Techncian 2 4.00 @ $55.00 ::: $220.00 GPS 4.00 @ $40.00 ::: $160.00 Labor Subtotal 87.00 $6,650.00 Classifiaction Hrs/Miles Rate Total Misc. Printing $20.00 Kartchner. HVAC 2.00 @ $70.00 $140.00 Mulder - Electrical 6.00 @ $70.00 $420.00 Direct Subtotal $580.00 Total Construction Fees $7,230.00 We1124.xls 3/7 /03 ~.. ., AGREEMENT NO. 6482 , i ~ , I Lf. INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) IDAHO CODE SECTION 50-2906 +!:- This Intergovenunental Agreement is entered into this.LE. day of /11tU-cA.. ,2003, by and between Ada County, Idaho ("County"), and the City of Meridian, Idaho ("City"), and is made for the purpose of complying with Chapter 162, Idaho Session Laws 2000 (House Bill No. 581), codified at Idaho Code Section 50-2906. RECITALS WHEREAS, the County is a duly organized and existing county under the laws and the Constitution of the State of Idaho; WHEREAS, the City is a duly organized existing municipality under the laws and the Constitution of the state of Idaho; WHEREAS, on or about July 24,2001, by Resolution No. 01-367, the City Council of the City of Meridian approved an area as appropriate for an urban renewal project, and therefore, for the purposes of the Law, created an urban renewal agency (known as the Meridian Development Corporation), pursuant to Chapter 20, Title 50, Idaho Code (hereinafter the "Law"), authorizing it to transact business and exercise the powers granted by the Law upon making the findings of necessity required for creating said agency; WHEREAS, upon adoption of Resolution No. 01-367, the Meridian Development Corporation ("MDC"), began the planning process as allowed by the Law; WHEREAS, as a result of the activities within the Meridian Urban Renewal Project Area, and the planning process, the MDC's Board ofConunissioners identified a munber of issues that are affecting certain geographical areas adjacent or in close proximity to the originally identified Meridian Urban Renewal Project Area; WHEREAS, the MDC Board of Commissioners authorized a study or report to consider incorporating certain property in proximity to the Meridian Urban Renewal Project Area and to analyze and determine whether the area is eligible for urban renewal planning and to determine whether the area should be modified or revised, and provide the full MDC Board with a report and recommendation as soon as reasonably possible; INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 1 (MeridianICi'y.coun'y Asr-"") (Novomb<<. 1(01) II,',: WHEREAS, the MDC, through the City, retained Sherry McKibben of McKibben & Cooper Architects ("McKibben"), to study the area in question and to prepare an eligibility report (the "McKibben Report"), which examined the designated urban renewal area for the purpose of determining whether such area is a deteriorating or deteriorated area as defined by Idaho Code, Sections 50-201 8 (i) and 50-2903(6)(b); WHEREAS, the MDC, on June 19,2002, adopted Resolution No. MDC-02-004 accepting the Eligibility Report for the Plan; WHEREAS, the Meridian City Council considered the McKibben Report for the Meridian Revitalization area at the City Council meeting scheduled for August 27,2002; WHEREAS, the Mayor and Council considered the steps set forth by the Act (as defined below) and Law, accepting the McKibben Report finding the area set forth therein to be "deteriorated" or "deteriorating" areas as defined by Idaho Code Sections 50-2018(h), (i) and 50- 2903(b) declaring such area as an urban renewal area, making additional findings regarding the characteristics of the area, making the necessary findings as required by Idaho Code Section 50- 2008(a) and authorizing the MDC to prepare an urban renewal plan; WHEREAS, under Idaho Code Section 50-2008, an urban renewal project for an urban renewal area shall not be planned lU1til such area has been found to be deteriorated or deteriorating by the adoption of a resolution by the City Council; WHEREAS, the Legislature of the State of Idaho has enacted the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, referred to herein as the "Act," authorizing certain urban renewal agencies, including the Meridian Development Corporation, referred to herein as the "MDC," to adopt revenue allocation financing provisions as part of their urban renewal plans; WHEREAS, in order to implement the provisions of the Act and the Law, either the MDC may prepare a plan or any person, public or private, may submit such plan to the MDC; WHEREAS, the Meridian City Council, by way of Council resolution on August 27, 2002, accepted the Eligibility Report for the area by adoption of Resolution No. 02-385; WHEREAS, the Mayor and Council have taken the steps set forth by the Act and Law, accepting the Eligibility Report finding the area set forth therein to be "deteriorated" or "deteriorating" areas as defined by Idaho Code Sections 50-2018(h), (i), and 50-2903(b) declaring such area as an urban renewal area, making additional findings regarding the INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HODSE BILL NO. 581) - 2 [MeridlanlCi'l"'County Agr_'lll) (N"'<I1'ba'. 2(02) . ~ "! characteristics of the area, making the necessary findings as required by Idaho Code Section 50-2008(a) and authorizing the MDC to prepare an urban renewal plan; WHEREAS, MDC staff and consultants have undertaken the planning process during 2002; WHEREAS, all action by the MDC was conditioned upon the City Council findings of August 27,2002; WHEREAS, the MDC has prepared a proposed Meridian Revitalization Plan (the "Plan") for the areas designated as eligible for urban renewal planning; WHEREAS, such proposed Plan also contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Board considered all comment, testimony, and information submitted to the MDC during the August 21,2002, meeting; WHEREAS, on August 21,2002, the MDC Board passed Resolution No. MDC-02~006 proposing the Meridian Revitalization Plan; WHEREAS, the MDC has, by letter of transmittal dated August 26,2002, submitted the Plan to the Mayor and City Council of Meridian; WHEREAS, the Mayor and City Clerk have taken the necessary action to process the Plan; WHEREAS, at a meeting held August 29, 2002, the Meridian Planning and Zoning Commission considered the Plan and found that the Plan is in all respects in conformity with the Comprehensive Plan; WHEREAS, notice of the public hearing of the Plan was caused to be published by the Meridian City Clerk of Meridian, Idaho, in The Valley News on September 2 and 16,2002; WHEREAS, as of September 4, 2002, the Plan was submitted to the affected taxing entities, available to the public, and under consideration by the City Council; WHEREAS, the City Council convened a work session with interested parties and property owners on September 17, 2002; INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) ~ 3 (Mcri<lian\Clty-COIlnly Au<<m<n') (Nov""b<<. 2002) <c, f WHEREAS, the City Council during its regular meeting of October 8, 2002, held such public hearing, considered the proposed plan, and made certain findings; WHEREAS, as required by Idaho Code Sections 50-2905 and 50-2906, the Plan contains the following information which was made available to the general public and all taxing districts at least thirty (30) days prior to the October 8,2002, regular meeting of the City Council: (1) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (2) an economic feasibility study; (3) a detailed list of estimated project costs; (4) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; and (5) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; WHEREAS, the Plan authorizes certain projects to be financed by revenue allocation bonds and proceeds from revenue allocation; WHEREAS, appropriate notice of the Plan and revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code Section 50-2906; WHEREAS, the City Council determined that the equalized assessed valuation of the taxable property in the revenue allocation area described in Attachments 1 and 2 of the Plan is likely to increase as a result of initiation of urban renewal projects in accordance with the Plan; WHEREAS, the City at its regular meeting held on October 8,2002, considered the Plan as proposed and made certain comprehensive findings; WHEREAS, any area outside the city limits of the City of Meridian can be included within an urban renewal area only if such area is annexed, or the County consents to such inclusion. WHEREAS, the City Council approved Ordinance No. 02-987 at its regular meeting of December 3, 2002, and published the Summary of the Ordinance on December g~, 2002, adopting the Plan. WHEREAS, during the 55th Idaho Legislature, 2nd Regular Session, the Idaho Legislature adopted House Bill No. 581, Chapter 162, Idaho Session Laws 2000, amending the Act, to require an agreement between a City and the affected County, governing administration of a revenue allocation financing provision for any area extending beyond that city's municipal INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 4 (Meridian\Cily..coutllY Agt~.edl) (No-.'a1lbcr. 2002) , ' boundary, and such agreement must be formalized by a transfer of power ordinance adopted by the COWlty; WHEREAS, Chapter 162, Idaho Session Laws 2000, became effective July 1, 2000; WHEREAS, there are certain properties within the Plan area which extend beyond the mWlicipal boundaries of the City of Meridian, which properties are more particularly described and depicted on Exhibit 1 attached hereto and incorporated herein by reference; WHEREAS, under the Act and Law the County may establish an urban renewal agency and adopt an urban renewal plan for an area under its jurisdiction which meets the criteria and eligibility defined under the Law and Act; WHEREAS, City and Agency have previously sought County approval for administration by the City (through the Agency), of certain revenue allocation proceeds generated from the property identified in Exhibit 1 as described in the joint letter dated September 23,2002, attached hereto as Exhibit 2 and incorporated herein by reference; WHEREAS, COlUlty, acting through its Board of County Commissioners, by a vote of 2-1in favor approved such request at an open business meeting on October 22,2002; and issued its letter dated October 22, 2002, a copy of which is attached hereto as Exhibit 3 and incorporated herein by reference; WHEREAS, the City and County desire to enter into this Agreement to avoid any Wlcertainty regarding the City's jurisdiction and authority (acting through its duly organized and constituted urban renewal agency), to implement the Plan concerning those properties which are outside the municipal limits of the City of Meridian; WHEREAS, the City and County deem it in their collective best interest to enter into this Agreement covering said properties and assuring compliance with the Act, Law and Chapter 162, Idaho Session Laws 2000, NOW, THEREFORE, it is mutually agreed as follows: AGREEMENT 1. PURPOSE OF AGREEMENT INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 5 (Meridian\C~ly..counly Agrc:crnem) (November. 2002) ". (' The purpose of this Agreement is to detail the duties. roles, and responsibilities to be provided by the parties with respect to compliance with the Act, Law and Chapter 162. Idaho Session Laws 2000. codified at Idaho Code Section 50-2906. 2. GENERAL PROVISIONS County does hereby agree that the City shall have the right. power, authority. and obligation to administer the Law. Act and particularly the revenue allocation financing provisions of the Plan for that certain property which is contained within the boundaries of the revenue allocation area as defined in the Act and Plan. which property extends beyond the municipal boundary of the City of Meridian. The property governed by this Agreement is described. defined, and depicted on Exhibit I of this Agreement. County does hereby defer to the findings and conclusions set forth in the several resolutions previously adopted by the City as referenced in City Council Ordinance No. 02-987, adopted by the City on December 3, 2002. County also defers to the City those findings, conclusions and actions set forth in Ordinance No. 02-987, which has adopted and approved the Meridian Revitalization Plan. By agreeing to the administration of this property by the City for the limited purposes of implementing the Plan, County agrees that all revenue allocation proceeds generated from such property shall be available to the Agency for all purposes authorized under the Act and the Plan. and as authorized by City Ordinance No. 02-987. City (through its urban renewal agency) shall govern and administer the revenue allocation provision affecting this property as allowed under the Act and the Plan. County shall approve this Agreement by the adoption of a transfer of power ordinance and the City shall approve this Agreement by the adoption of the appropriate resolution. Upon approval and adoption of the County ordinance and City resolution referenced above, City shall take the necessary steps through the Meridian City Clerk to transmit a copy of the County Transfer of Power Ordinance to the County Auditor, County Assessor, the other taxing districts of the revenue allocation area, and the Idaho State Tax Commission. 3. EFFECTIVE TERM This Agreement shall be deemed effective upon the execution of this Agreement by both County and City and shall remain in effect for the duration of the Plan (as defined in the Plan). This Agreement shall be of no further force and effect as it relates to any parcel or parcels described in Exhibit 1 upon those properties or portions of those properties then being included within the municipal boundaries of the City of Meridian. INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HODSEBILL NO. 581) - 6 (MaidianlCil)'-CounIY AN_ml) (Novt'mbc<, 2002) ~~ . ~ t . ~ 4. TERMINATION AND MODIFICATION This Agreement may be modified or amended in writing if executed by both Cormty and City. 5. ENTIRE AGREEMENT Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between the parties concerning the subject matter hereto. IN WITNESS WHEREOF, County and City have executed this Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. COUNTY: BOARD OF ADA COUNTY COMMISSIONERS By ATTEST: ..- CITY: ,. By ATTEST: INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 7 {Meridian\Cily.County AW<<:mat1) (NlJ'Yc:mba, 2(02) ~ . ., d ORDINANCE NO. '-- f:J1Ja- AN ORDINANCE STATING THE PURPOSE FOR ADOPTING AN URBAN RENEWAL AREA WITHIN A SMALL PORTION OF THE MERIDIAN AREA OF CITY IMP ACT; ADOPTING THE FINDINGS OF THE MERIDIAN CITY COUNCIL ON DECEMBER 3, 2002; PROYIDING THE CITY OF MERIDIAN WITH THE RIGHT, POWER, AUTHORIty, AND OBLIGATION TO ADMINISTER THE URBAN RENEWAL AREA PURSUANT TO CHAPTERS 20 AND 29, TITLE 50, IDAHO CODE; GRANTING THE REVENUE ALLOCATION PROCEEDS DERIVED FROM THE MERIDIAN URBAN RENEWAL AREA LYING WITHIN UNINCORPORATED ADA COUNTY TO THE MERIDIAN URBAN RENEWAL AGENCY; ADOPTING THE INTERGOVERNMENTAL AGREEMENT IMPLEMENTING THIS ORDINANCE; AND AUTHORlZING THE CHAIRMAN TO SIGN THE AGREEMENT AND SUCH OTHER AND FURTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. _'_,~'. .c._._____.__'~_.~._~ ~.,~,._,..,.. _._. ~___'_ _. ~~-_ ~_ "u',,__._"_ ~_.U~____ ~~, ,.- BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO, THAT A NEW TITLE 2, CHAPTER 5, BE ADDED TO THE ADA COUNTY CODE AS FOLLOWS: L That this ordinance is adopted to approve creation of that portion of the Meridian Urban Renewal Area lying outside the corporate boundaries of the City of Meridian and within the Meridian Area of City Impact as more fully appears from reference to Ordinance No. 02-987 adopted by the City Council of the City of Meridian on December 3, 2002; to transfer power as provided in I. C. ~ 50-2906; and to detail the roles, responsibilities and duties of the City of Meridian, the County of Ada, and the Meridian Urban Renewal Agency. II. The findings of the City Council of the City of Meridian adopted December 3, 2002, in Ordinance No. 02-987 are hereby adopted by the Board of Ada County Commissioners. III. The proceeds of revenue allocation from areas lying within the boundaries of the Meridian Urban Renewal Area shall be devoted to the statutory purposes as authorized in the Meridian Revitalization Plan. IV. The Intergovernmental Agreement For Roles And Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581), Idaho Code Section 50-2906 (the "Agreement") is hereby approved and the Chairman of the Board of Ada County Commissioners is hereby authorized to execute the same, and to execute any further ORDINANCE NO. .f}tJd- - PAGE 1 n:\ordinances\meridian urban renewal area ordinance. doc documents necessary to carry out the intent of the Board of Ada County Commissioners as expressed in this Ordinance and in the Agreement. ADOPTED this d day of ~ , 2003. Board of Ada County Commissioners By: By: ~ oJ t-Ii? ,f{~.. (. ,- jJL.fA ~ Y M. eavey-Derr, Comm{ssioner By: .J mISSIoner ATTEST: ~ . David Navarro, Ada County Clerk PUBLISHED: ORDINANCE NO. \~Od-- PAGE 2 n:\ordinances\meridian urban renewal area ordinance.doc r RESOLUTION NO. 03~ .foe BY: 7d ht rn if dew..e.tA-cL b'l:; eokA7-cdhL~~~ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDERCHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) IDAHO CODE SECTION 50-2906 BETWEEN ADA COUNTY, IDAHO AND THE CITY OF MERIDIAN, MERIDIAN, IDAHO; PROVIDING FOR AIlliAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN AN URBAN RENEWAL AREA AS THE COUNTY CONSENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. ~ 50- 302J to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, conunerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish and enter into an Intergovernmental Agreement For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada County and the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code ~50-301 et seq., the Mayor and City COlUlcil hereby adopt the Intergovernmental Agreement For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada County and the City of Meridian, a copy of which is attached hereto and by this reference incorporated herein. A copy of this Resolution and the attached Intergovernmental Agreement For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada County and the City of Meridian shall be held on file in the office of the City Clerk. RESOLUTION FOR AN INTERGOVERNMETNAL AGREEMENT FOR ROLES AND RESPONSlBILITlES UNDER CHAPTER 162, IDAHO SESSION LA WS 2000 (HOUSE BILL 581) IDAHO CODE SECTION 50-2906- URBAN RENEWAL AREAS OUTSIDE CITY LlMfTES '. ~ . reel ""\', I: , , SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect when the Agreement has been adopted by Ada County, Idaho by Ordinance as required by law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I f31f:-day of I?( ~ , 2003. APPROVED BY THE 1\1A YOR OF THE CITY OF MERIDIAN, IDAHO, this I t3 t.a.. day of IJ1. CVl-~ , 2003. ATTEST: RESOLUTION FOR AN INTERGOVERNMETNAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL 581) IDAHO CODE SECTION 50-2906- URBAN RENEWAL AREAS OUTSIDE CITY LIMITES 2 " ' CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 18~ day of /J11l/l.c./t..- ,2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDERCHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) IDAHO CODE SECTION 50-2906 BETWEEN ADA COUNTY, IDAHO AND THE CITY OF MERIDIAN, MERIDIAN, IDAHO; PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN AN URBAN RENEWAL AREA AS THE COUNTY CONSENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. S 50- 302] to establish resolutions not inconsistent with the laws of the state ofldaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good govemment and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish and enter into an Intergovernmental Agreement For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada County and the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code S50-30! et seg., the Mayor and City Council hereby adopt the Intergovernmental Agreement For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada County and the City of Meridian, a copy of which is attached hereto and by this reference incorporated herein. A copy of this Resolution and the attached Intergovernmental Agreement For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada County and the City of Meridian shall be held on file in the office of the CiL)' Clerk. CERTIFICATE OF CLERK PAGE 1 OF 2 SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect when the Agreement has been adopted by Ada County, Idaho by Ordinance as required by law. \\\111111111111' \\\\ r::: M...... '/llf ,...,... _lOr efT//" fl/" ....' ~" <JL,., /... ~ ~ (} ?PO'-' ~ - 1-:" ~... 2 .:>..cP ''''l,.~ ~ ~ ~ 0 ~ = ~ William G. Berg, Jr. : & g .~ - Qu. ,Q) 0 2 ~ '0 \S'r 1~ . ~ $ ~ :.Kj <'\ "i'- ,.::;. ~ a \V ...' //Ifl OUNT'<, "...." '/" \\\ '1J:Un! HH\\\ STATE OF IDAHO, ) : ss: County of Ada. ) Onthis /~dayof 7n ~ ,2003, before me, tJ/iJr-ft:l D. ()Ller/,N _, a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me. respectively, to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. SEAL) ,..'..........." ...,.., OVB/t ~~ ,.... -.. ~~.. ~/A'"#.~ .t A.,.l.... ~ f ~I O"t~kl" . : -<: ~ .- \ i< \ :;,~" ,c,... ~ J ~.., .... ~~~ I'JiTE Of~' ......'" ~t9~ Notary Public or Idaho Residence: ~~ Commission Expires: 1/-0;1. ~()4- Z:\ Work\M\M:eridian\Meridian ] 5360M\Resolutions City Hall\2003\CERT of CLK Cash Revenue Allocation Area for MDC for Agmt 03 07 03.doc CERTIFICATE OF CLERK PAGE 2 OF 2 c ** TX CONFIRMATION REPORT ** AS OF FEB 28 '03 15:02 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 32 02/28 15:02 PUBLIC WORKS MODE MIN/SEC PGS CMD~ STATUS UF--S 00'21" 002 018 OK ------------------~------------------------------~------------------------------------------ \to ," " .;' I :. 'S. /litOi' ~ ~l'(J l;> ~..l) ~~Oh Ja'll'J -~'l':fbii"5' . ~.' ~Se ~ il t ~ II t I I~),. J L. j "U I I)~ VL 11>1',.,1 N I ~ l'~lE"1 r I ",I hlJlC,r " Ten Mile / 1- 84 Jntcr(:han~e r'roperty OwJ'l~rlnformational Meeting (March 3, 2003 l \, Agenda · lntrodllclions and Overview Eric Davis, Retail West Proporties, LLC · City or Meridian - l.otcrch:mgc Comments and Sewer Update Mayor Roben COTTie . Interchange Preliminary Concept Report Presentation Dan Th(}mp~on, Earth Tech · Idaho Transportation Department - Perspective Eric Shannon, P.r:., Assistant DistriCl Eng,ineer, Oi:slricL 3 · Questions / Discussion 1Il)1'.~ (.'~I" N...IIU"....~ L~^t"l\ ~L1i11UIM(.. un', Wt'.1 IIll\nl" ',lll;Fl "1(\;.0. Ill"'''. nlj..nf~ ILl In;' \lOIJI :,):11.0110. VAX Ii;Oil) .~31 U~ZQ FEB 27 '03 15=34 208 331 0220 PAGE. 02 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 18, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: -{-. Tammy de Weerd Cherie McCandless )( Mayor Robert Corrie o Bill Nary X Keith Bird 2. Adoption of the Agenda: appY'D v.v 3. Presentation for Ice Arena by Charlotte Catlett: (30 minutes*) ~~~ 4. Review of Master Pathway Agreement with Nampa Meridian Irrigation District and New Pathway Condition for Development Applications: d {',rc-et r J ed..- *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 - March 18, 2003 Page] of] 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. ~\.Jj}.9"b ~os+ ~{ ~0b\i0 Gt)"'~. - MlkV\\i.S \ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 18, 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 of the Agenda: 3. Presentation for Ice Arena by Charlotte Catlett: (30 minutes*) 4. Review of Master Pathway Agreement with Nampa Meridian Irrigation District and New Pathway Condition for Development Applications: *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 - March 18,2003 Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** ( AS OF MAR 18 '03 23:0d PAGE. 01 CITY OF MERIDIAN 23 24 25 26 27 2B 29 30 31 32 DATE TIME TO/FROM 03/18 22:54 3810160 03/18 22:55 PUBLIC WORKS 03/18 22:56 12084664405 03/18 22:57 8841159 03/18 22:58 2088840744 03/18 22:59 2088467366 03/18 22:59 8985501 03/18 23:00 LIBRARY 03/18 23:01 92083776449 03/18 23:02 208 388 6924 STATUS OK OK OK OK OK OK OK OK OK OK MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S M I N/SEC PGS 00'26" 001 00' 10" 001 00'22" 001 00'21" eel 00'21" 001 130'21" 0131 00'21" 001 00'22" 001 00'21" eel 00'21" 001 CMDJ:I 253 253 253 253 253 253 253 253 253 253 --------------------------------------------------------------------------~~---------------- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 18.2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd 0 Bill Nary ~ Cherie McCandless =:::x:= Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: w/'r-rt) v<.J 3. Presentation for Ice Arena by Charlotte Catlett: (30 minutes'") pe ~ 4. Review of Master Pathway Agreement with Nampa Meridian Irrigation District and New Pathway Condition for Development Applications: d/.r~( u e.d.- "Approximate allowable time settor agenda item may change depending on discussion. Please use the designated minutes as a guideline only. M..-idian cny CoWlcil ^8""d&- Motel> 1S, 2003 P'gc\ of! All m.I..;,I, _led.\ pIlblic mtotinss .baIl b_mo propat)' ofthc City ofM.:ridian. '''-''YMO do.iring occommodotion fO'l'di,;.biJiI.i"l'Olnlcd 10 cloClJJl'= and/or ll..nnga pl..... C<lnt:lct lh. CiI:y Clttk's Office at 888-4433 It I,D.$! 48 bOl1rS pri"" to the public m<CIinS- ( CC ** TX CONFIRMATION REPORT ** AS OF MAR 18 '03 23:u PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:! STATUS 01 03/18 23:03 2088886B54 EC--S 00'20" 001 253 OK 02 03/18 23:04 8950390 EC--S 00'20" 001 253 OK 03 03/18 23:04 208 387 6393 EC--S 08'20" 001 253 OK 04 03/18 23;05 ADA CTY DEUELMT G3--S 00'40" 001 253 OK 05 03/18 23:07 CHERRY LANE EC--S 00' 21" 001 253 OK 06 03/18 23:07 POST OFFICE EC--S 00'27" 001 253 OK 07 03/18 23:09 208 888 1983 G3--S 00'27" 001 253 OK 08 03/18 23:10 ID PRESS TRIBUNE EC--S 00'21" 001 253 OK 09 03/18 23:10 208 888 6700 EC--S 00'21" 001 253 DK -----------------------~~------------------------------------------------------------------- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 18. 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance; X Tammy de Weerd 0 Bill Nary ~ Cherie McCandless =x= Keith Bird -.K.. Mayor Robert Corrie 2. Adoption of the Agenda: wf'pY'f) ~~ 3. Presentation for Ice Arena by Charlotte Catlett: (30 mlnutes*) re~ 4. Review of Mastor Pathway Agreement with Nampa Meridian Irrigation District and New Pathway Condition for Development Applications: dl,rCA' U of.- -Approximate allowable time settor agenda item may change depending on discussion. Please use the designated minutes as a guideline only. U..-idi>n ~y Council ^8""do- MMcb lll, ~OD) 1'.&C 1 of! All m.[",;.I. prdtflled.t public ",.<!inS" ,boll b........ propcny ofthc City ofMcridilln Anyone de.lring ""eo"""ocllu.n for disabilili.sl'1llllltd 10 documentS ondIor bcorlngo pl.,,,,, C<'1llllCt lh. City Clolfk'. Of/iC$ At 888-4433 at IOll$l48 bClll1S pr;orto the p~bli. m<ding. ** TX CONFIRMATION REPORT ** AS OF MAR 14 '03 13:48 PAGE. 01 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 03/14 12:59 3810160 03/14 13:01 PUBLIC WORKS 03/14 13:03 12084664405 03/14 13:05 8841159 03/14 13:06 2088840744 03/14 13:08 2088467366 03/14 13:10 8985501 03/14 13:12 LIBRARY 03/14 13:14 92083776449 03/14 13:16 208 388 6924 03/14 13:18 2088886854 03/14 13:19 2084674538 03/14 13:21 8950390 03/14 13:23 208 387 6393 03/14 13:25 ADA CTY DEUELMT 03/14 13:28 CHERRY LANE 03/14 13:30 POST OFFICE 03/14 13:33 208 888 1983 03/14 13:36 ID PRESS TRIBUNE 03/14 13:38 208 888 6700 03/14 13:47 Laurel MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S G3--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 02'10" 005 01'00" 005 01' 17" 005 01'16" 005 01'16" 005 01' 17" 005 01' 15" 005 01'38" 005 01' 15" 005 01'36" 005 01'14" 005 01'14" 005 01'15" 005 01'15" 005 02'42" 005 01'37" 005 02'21" 005 01'54" 005 01'28" 005 01' 16" 005 01'20" 005 CMDl:* 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- y lt~ V OS"" ~( \-\) \0\ l U: J :0\\ l-L/ - -llf'if', .. r.. oU;;;;d/~;;;<; -\ ID^HO i t / MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWel::rd Willinm L. M. Nary Cherie McCandless Keitll Bird ,.... ~ IINtc: ; ,gOJ NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL V\O\.(\.~~ \ LEGAL DEPARTMENT (208) 2fl8-2499. P~:t 288-250J PARKS & RECREATION (20B 888.3579 - Fax 898-5501 PUBLIC WORKS (208) 898-5500 .Fax. 887-1297 BUILDING DEPARTMENT (208) 8&7-2211 . F~:.: 887- [297 PLo.NNING AND ZONING (208) 884-5533 . Fm-:. 888-6854 ...... 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, March 18, 2003 ~t 6:00 P.M. The Meri~ian City Council will be discussing the following agenda items: Presentation for Ice Arena by Charlotte Catlett MAYOR Robert D. Corrie vLtoJ:.-0 Yu\ -\:0,( V0\o\I~ N.on~- ' I V\t1l^tzs. \ \ "< ~i""';' ( LEGAL DEPARTMENT . . . (208) 288-2499 . Fax. 288-250 I CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird cMe;;;"ern. ,; '\ / [DAHO iY .A ,.f/ ~~ / v "/ q'NCE , i 1903 PARKS & RECREATION (208 888-3579 . Fax. 898-550 I PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-[297 PLANNING AND ZON[NG (208) 884-5533 . Fax. 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, March 18, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: Presentation for Ice Arena by Charlotte Catlett Review of Master Pathway Agreement with Nampa Meridian Irrigation District and New Pathway Condition for Development Applications The public is welcome to attend the meeting. DATED this 14th day of March, 2003. WILLIAM G. BERG, JR. - CITY CLERK 33 EAST IDAHO. rvlERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1 193 ** TX CONFIRMATION REPORT ** AS OF MAR 14 '03 13:51 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 03/14 13:51 JIM JOHNSON ----S 00'00" 000 227 BUSY THIS DOCUMENT IS STILL IN MEMORY MAYOR Robert D. Corrie ylt~ YO:,1' ~..( fJ0\o\lV J .OT\u....--- ~.,,~ . ~t:il~ DU'e;;dl<<n~'~ ; -'\ ~ I V\G\^t.:.<;;. " LEGAl. DEPARTMENT (208) 2R8-249~' p~~ 288.250 I PARKS & RECREATION (208 8a8,3S1~ . Fa.<. 8<)8-5501 PUBLIC WORKS (2081 898-5500 'Fa.~ 887-1297 eUILDING Dl:PARTMENT (208) S8i-2.:! II . Fox 887-12<n PL<l.NNINO AND ZONING (2081 884-5533 . Fa:<. 888.6854 CITY COUNCIL MEMBE.RS Tammy deWeerd WilJimu L. M. Nnry 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, March 18, 2003 at 6:00 P.M. The Meri~ian City Council win be discussing the following agenda items: Presentation for Ice Arena by Charlotte Catlett Review of Master Pathway Agreement w;th Nampa Meridian Irrigation District and New Pathway Condition for Development Applications The public is welcome to attend the meeting. DATED this 14th day of March, 2003. WILLIAM G. BERG, JR. - CllY CLERK 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (Z08) 888-4433' F:lX (208) 887-4813 . City Clerk Offic~ FilX (208) 888-4218 . Human Resources Fax (208) 288-1 J93 April 18, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST April 22, 2003 ITEM NO. Approve minutes of March 18. 2003 Pre-Council Meeting: 3-D AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~ &t1lJ~ Date: Phone: Materials presented at public meetings shalf become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 18, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd 0 Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Presentation for Ice Arena by Charlotte Catlett: Presented (30 minutes*) 4. Review of Master Pathway Agreement with Nampa Meridian Irrigation District and New Pathway Condition for Development Applications: Discussed * 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 - March 18,2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meeting March 18. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, March 18,2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Cherie McCandless, and Keith Bird. Members Absent: Bill Nary. Others Present: Bill Nichols, Kenny Bowers, Doug Strong, Brad Hawkins-Clark, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd 0 Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: We'l] open the Pre-Council Meeting Tuesday March 18, 2003 at 6:05 at the City Council Chambers. Mr. Clerk jf you would give roll call attendance please. Item 2. Adoption of the Agenda: Corrie: Item Number 2 is the Adoption of the Agenda Council. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we approve the agenda as published. De W eerd: Second. Corrie: Okay motion made and second to approve the agenda as published any further discussion? Hearing none all those in favor say aye. All ayes motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Presentation for Ice Arena by Charlotte Catlett: Corrie: Item Number 3 is the presentation for Ice Arena by Charlotte Catlett, Charlotte. Catlett: Thank you Mayor Corrie. Corrie: Thank you. Meridian City Pre-Council Meeting March 18, 2003 Page 2 of 14 Catlett: Is this hooked (inaudible)? Corrie: It's on. Catlett: All right I have these for you all if you would like to pass them down. I'm just going to take a brief moment before I get to the drawings to tell you all - to give you all a concise statement of our mission statement as it has sort of developed over this past year. What our goals are and where we are headed. Basically, the Meridian Ice Skating Development Fund is a non-profit corporation organized for the purposes of establishing, maintaining, and operating a year around recreational (inaudible) facility to serve the residents of Meridian and the surrounding community. The principal motivation behind the founders was to meet the needs of the areas lower income residents, non-profit groups, youth groups and to implement programs serving at risk children and the handicapped, special Olympics programs, programs for the Boys and Girls Clubs the YMCA and our alternative schools. As you all may recognize it's very difficult for a commercial facility to meet the needs of the at risk groups and the lower income community. In the ice industry, the operating costs are so high there's usually no ice time left over for these special programs. The YMCA comes to mind, I look back, and I think well why can't the YMCA do this. Because the types of programs we're trying to put on are exactly what the Y does but on ice. It goes back to the fundamental issue that the ice industry is so different and unique and the associated costs are so high that the YMCA cannot expend their resources to do it. Then we go to the next step and as I look around, I consider the general public welfare corporation. Even with the 501 C4, we believe that the target groups would be left behind. We're taking our time to set up the 501 C3 on a non-profit basis to try to meet the needs of our growing community. What we've done in this last year I think we were last before you in detail in April. If you recall at that time, I think it was April 22nd or 23rd of 2002 you all stated into the record that hey you wanted to work with us let's go forward. Well some of us took the summer off. Bob and I have spent this last year learning more about the industry and getting the proper type of corporation set up. We believe a lot of the groundwork is now complete and that the community is ready for this and it's time to start expending our time in resources on getting an actual letter of intent negotiated in moving forward. As part of our efforts in the last six months, we've been able to bring on some very helpful individuals. I would first like to say I wouldn't be able to do any of this without their help. I want to turn to Stan Cole and thank him for the drawings that you're going to be looking at of Cole and Associates. Then now that he's completed his project, which you have before you the initial layouts of the arena, which we think, will meet everyone's needs we're going to turn the project over to the next step, which would be Michael Knye with Petra Construction. He's going to analyze the drawings excuse me and come up with building costs and the equipment costs. He's not going to do that alone however, there's another gentlemen who's been behind the scenes, John Larson who has quite a bit of experience in Park's and Recs and the ice industry. He helped us get the drawings together, he's helping me with the (inaudible) ground information on the capital financing of the campaign, operating strategy and analyzing the demographics of our community. He also knows quite Meridian City Pre-Council MeelillIJ March 18, 2003 Page 3 of 14 a bit about the operations and the type of work the Commercial Ice does so he'll be helping Michael with that part of the strategy. In the meantime, let's take a look at the drawings that are in front of you. By the way, these are your copies to keep, color, or do whatever you wish. Do I need a microphone? Corrie: Just grab that one right there you can take it off the - okay. Catlett: I'm shaky enough I would just drop it. Let's see on the first page that you have is that on? Is that picking up? Berg: It's picking up but it's not (inaudible). Catlett: How about like this. You'll adjust it for me okay. The first page is our proposed bottom floor, which of course has two side-by-side image L size rinks and 10 locker rooms in the middle. We've decided that the best layout and the best use of space would put the locker rooms assessable for both rinks, to give sufficient number of locker rooms to keep the guys and the gals separate during tournaments and things like that. Number 10 which is over here on your far right of the locker rooms there's actually a label for the referees and stuff. That's your basic ice arena. With the equipment room the ice rink surfacing space and the compressor room located in the back this is with the high hopes to make it accessible if there's ever a need for expansion in the addition of subsequent rinks in the future. The front of the facility is where you have your office space, your rental, your concessions, a retail area for hockey equipment and stuff like that. A video game area and it looks like a set of stairs down there to take us up to the second floor. The actual amount of space allocated for this will depend on whether or not we've put on the second floor in the front if you would like to flip your page to the second floor. This part between the rinks will most likely definitely be built because you have to have it there. The part you see in front the proposed food court and / or restaurant and / or other additional programs base will be built depending upon the demand and the needs of the community and also our ability to raise sufficient funds to put that there. Then you'll find right out in front a deck for the use either by the restaurant or by the food court depending on how things develop. That's it. Any questions I have some experts here with me today. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Not having a ruler here Mr. Coles or Mr. Larson could probably tell me what's the size of the building. What's the outside dimensions of it John? Larson: (Inaudible) 200 inside the (inaudible). De Weerd: Can we ask him to step up? Larson: It must be- Meridian City Pre-Council MeelllJg March 18, 2003 Page 4 of 14 Bird: John do you want to step up to the mike one of you. I don't have a ruler here or a tape measurer. Larson: (Inaudible) with the outside. (Inaudible) are 85 to 100 so the buildings about 250 by 250 roughly. Bird: 250 by 250? Larson: Yes. This is a take off of a project. You know we six years ago, I was part of a development team that put together a nice complex for Wests ide Sportsplex over here, which is about a mile away. I was actually part of that development team but I (inaudible) pay 25,000 dollars for VSC to do a study on that particular site for the ice (inaudible) and this is a take off of a facility that was designed - is a take off of somebody else's design for that you know (inaudible) at that point in time. Bird: Thank you John. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Charlotte do you know how this is going to layout on the site map on the Borup Property what are we calling that part? Catlett: I'll turn that question over to Stan. De Weerd: Okay. Cole: Mr. Mayor and Council we haven't (inaudible) the plan and put it on the site yet but basically we could do that pretty quickly and it wouldn't talk probably all the property that's there. We anticipate there is some room for growth and we've also talked with that another group about somebody that would use some of the property intermittently as well. I don't know how many acres it would take at this point. Corrie: How many acres is this - are you looking at? Catlett: I think that we've been saying that you are going to need about seven acres to build the building and accommodate the parking. Possibly up to 10 if you want to leave room for growth. The Parks and Recs have been - they put us together with the Lion's Club for the Rodeo and if we layout the facilities together we would be sharing the parking so that was cut down on some of the needed acreage and stuff like that. De Weerd: You have quite a team there with Stan and Michael Knye. They are very youth oriented I see them on these youth based projects. I appreciate your work on this. , c \, Meridian City Pre-Council Meeting March 18, 2003 Page 5 of 14 Corrie: Anything else? Did you want to tell us that you're - Catlett: All I want to say William - Mr. Nichols. We have a lot of people working on this project and I think last April we talked about moving forward and start negotiating that letter of intent so that we could spell out a lot of what our actual responsibilities are going to be. We've been sort of talking generally on that with many different people here in front of me and with Parks and Rec about who has responsibilities for getting the site ready and stuff like that. What responsibilities will lie there once the lease is actually entered into and how it will all operate and the relationship between us. I see it mostly as a lessor, lessee situation where you lease the land to us and then we're responsible for maintaining the facility, running it and everything else. That stuff needs to be spelled out so that when I'm talking to other groups, when I'm looking for letters of endorsement and everything r can be sure that we're all on the same page. Bob was going to make a promise to me at one time. He was going to contact you to go forward with that stage once the Legislature closed. That was supposed to happen in February on the 28th. It looks like he may be tied up for quite some time so I'm no longer going to let him wait for that date. I'm making a public statement that I'm going to ask him to contact you soon, to have the two of you look at your calendars and try to find some time in the next few weeks to at least get the initial discussions going. Thank you. De Weerd: Mr. Mayor. Corrie: Mrs, de Weerd. De Weerd: I guess key to some of those discussions are going to have some input from our Public Works Department as well as Park's and this Council as far as getting services out there. They are in the - of the McDermott Trunk and I don't even think - I think that's further behind than the Black Cat Trunk. We probably need to have Gary touch base with this group and certainly with us to start talking about what our trunk line plans are out there and if we can split it off of the Black Cat you know I don't know how any of those things are going to work. Certainly they're going to need full services to run their operation so we need to start seeing how the timing issue - do you have a timeframe or a time line Charlotte that you're going to work by? Catlett: I think once we get all of our cost estimates done and then we finish our business performance to present to the community we're going to then basically open it up for public subscription. The bottoms falling out of the economy we've had 2,700 people laid off as of December in the area another 1,030 laid off from Micron we don't know how the fund raising is actually going to go. It seems to us that the community's actually even riper and ready for this than it was last year. It's my personal goal is to be able to raise 50 percent of what our final ballpark figure is. That means that if I have to - the time it takes to raise 2.5 to three million dollars maybe one year, maybe six months it may be two. We're going to set some time limits on them and see what kind of feedback we get from the public. Again, we're setting this up we're setting up a (inaudible) corporation, all of the drawings (inaudible) and ready to donate services and stuff. The general Meridian City Pre-Council Meetillg March 18, 2003 Page 6 of 14 public is going to have to step forward and say that they want this by letting us know who they are and then putting a little bit of their cash in so that we can actually build it. Thank you. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Charlotte before you - after it's built and everything and I'm sure you're probably right you're probably looking at a 3 and a half, 4 million dollar project what about maintenance? Is it going to derive enough income to take care of itself because ice rinks are very, very expensive - Catlett: Exactly. Bird: -- and we know the one that's in Boise if it weren't for the people that owned it, it probably wouldn't be still opened. Catlett: And you know I don't have the money to sink into it neither does this city and that's why I think if we go back to the initial part of my presentation when I talked about how can this be done and how are other communities doing it? It seems that if you take away the cost of the land that's a big part in letting people get started. John's been looking at a lot of preliminary numbers we've been estimating the cost of (inaudible) high, the generation of income low to see where we hit. At one point, it looked really high but we found a mistake. It still looks like that even with some debt financing fees and stuff that we're going to be able to maintain it ourselves without too much continued subscription once you get the initial endowment funds going. We're not going to have final solid answers on that until we get our actual estimated fund cost. Other cities are making it work and so I think that we can it's just a matter of learning how it's done. It takes time, I'm an intellectual property attorney Bob does a lot of work in other areas as a General Practitioner. Neither one of us has ever built an ice rink before but we're trying to answer all of those questions before we break ground. Corrie: Any further questions Council? Bird: I have none. Corrie: Charlotte it looks great for me. Like I told you in the office, I think you're going to have the support of the whole town. I'm getting a lot of people asking about it. Catlett: You will see attached to those a business card that has a P.O. Box on it. P.O. Box 1147 Meridian, Idaho and a telephone number 208-866-5343 and the email address. Please feel free to share those three things with anyone that wants to get a hold of me. I may not always answer the phone but there is voice mail. Thank you. Bird: Just send the checks. Meridian City Pre-Council Meetlflg March 18, 2003 Page 7 of 14 (Inaudible discussion amongst Council Members) Corrie: All right anything else Charlotte? Anything else? Catlett: At this point I don't think believe so. There are several issues that we will discuss when we get to the point of the actual negotiations of a letter of intent but we've discussed all of that with you before. Thank you. De Weerd: Mr. Mayor I guess one last question. As you bring forward the letter of intent and start looking at coming up with an agreement you will have a business plan and some performance. Catlett: I think it's the (inaudible) what we're working on. I would like to get them both going simultaneously so that we're not looking at next year before we have either finished. I believe ironing out many of the issues in the letter of intent who actually gets the site ready, how much it's going to cost us or the city will give us a better timeline as to whether things could be - when things can actually be done. Thank you. Corrie: Thank you. De Weerd: What can we say to Bob other than we know why you've been delayed so long. These are health vacations right for both of you? Corrie: Okay very good thank you. Nice presentation thank you guys. Item 4. Review of Master Pathway Agreement with Nampa Meridian Irrigation District and New Pathway Condition for Development Applications: Corrie: The next item is a review of the Master Pathway Agreement with the Nampa Meridian Irrigation District and New Pathway Conditions for Development Applications. Brad. Hawkins-Clark: Thank you Mayor Members of the Council. I guess maybe Bill and I haven't touched base on this but maybe we could tag team on this item a little bit, if that's okay with you. Essentially, what this item is as you know we've been seeing a lot of pathways come through over the last couple of years. The Nampa Meridian Irrigation District and the City of Meridian do have an informal agreement that we entered into a couple of years ago. There are - in terms of implementation, still some kind of wholes and uncertainties I think in that Pathway Agreement. Mr. Nichols has had several conversations with the Irrigation District particularly on - they would prefer to have one entity to work with so they don't have all of these pathways either in subdivisions or business owners associations that they're working with these associations to maintain. If there's trash along there if they need to get in and clean out the ditch or whatever their preference is to work with one. In that regard the City of Meridian would potentially be the entity that they work with that I understand they prefer. It begs Meridian City Pre-Council Meetlllg March 18, 2003 Page 8 of 14 the question of liability and other responsibilities. I basically just borrowed a lot of language that Mr. Nichols put together and you have there on that memo that I submitted March 14th of some wording that could be placed in any staff report that has some kind of pathway whether it's public or private if it's adjacent to an Irrigation District facility. I don't know if Settler's Irrigation District - in the North Meridian Area we are working with Settler's a little bit more. Nathan Draper is their representative he did have a meeting with our Public Works staff this morning and I think that would probably bear some more discussion. Certainly the assumption would be I think that they be included in this as well. Bill do you have anything? Nichols: Sure. Mr. Mayor Members of the Council just a little background of where we've been. It was about three years ago that - more than three years ago that the process of a Master Pathway Agreement began. Part of that was in conjunction with the Five Mile Pathway and the property that was received from the (inaudible) and those state funds that we're going to use to improve that pathway and all those things. There was - so rather than to have a separate licenses or separate Pathway Agreement with each stretch of path Nampa Meridian wanted to have a Master Pathway Agreement that then could have a License Agreement which would tie each pathway into it. At the time, that we were doing those negotiations in working on it one of the issues was liability. Some of the language in the original drafts said that we couldn't do anything that would create any risk of injury. We got them to agree that you know we could have an activity on the pathway as long as there wasn't an unreasonable risk of injury. We tried to get some conditioning language into and were successful in that. The Pathway Agreement was entered into and then a License Agreement for the Five Mile Pathway at the same time. When we were doing, that negotiation that's what I had in my mind was okay the City of Meridian owns the pathway and has a pathway along the Nampa Meridian Irrigation District facility to supply. As you know, we've had some pathways that we've required as a condition of approval or maybe the developer includes it as an amenity as one of their two amenities in their project. I was at a meeting with Nampa Meridian's Manager, their attorney, Steve Arnold from Briggs Engineering and Steve Bradbury who was representing Steiner Corporation with regard to the infamous pathway along the Hunter Lateral at the Lakes of Cherry Lane No.9. John Anderson says we've got I can't remember the number seven or eight pathways that we should have License Agreements for and we don't have License Agreements with the City of Meridian for these pathways and they're building them or they're already built. I asked him to tell me which ones they were and I wrote down the names of these. It occurred to me that they were all pathways on common lots in a subdivision as part of the subdivisions amenities true as part of the Pathway Plan if you will follow the Five Mile Drain or the Ten Mile Drain or different ones. I said well they're not our pathways. He said yes but you require them, they put them in and we don't want to have to know which Homeowners Association to call or who their president is or how to get a hold of them. The example that was given was they had to do some maintenance on Wilson Creek or Drain depending upon how you view it in Nampa just south of Greenhurst Road behind there's a residential area there out towards Skyview High School. He said we needed to do the maintenance, we called up the city, we told them Meridian City Pre-Council MeetlllY March 18, 2003 Page 9 of 14 when we were going to need to do the maintenance, when the pathway would have to be shut down you know for which days. The city went out, put up the barricades and put up the signs that said this pathway closed for maintenance from this date to this date. They had the pathway closed off, they had it barricaded, they had notices and they could go and do their maintenance and be done. That was the - it was that meeting which I think was last fall where we started to get into this well they're going to require a License Agreement even on these private pathways. Then one of the big issues of the Irrigation District is always liability. If somebody falls into one of their facilities and drowns, they're worried about liability even though there's a State Statute that says if you use some body's property for free for recreational purposes, you don't have liability. They still worry about it or they worry about the cost to the fence or whatever the issue might be. The more I thought about it, stewed about it some and we've had some more pathways proposed like the one on (inaudible) Farm and others that perhaps we need to have a standard condition that says if the Irrigation District requires a License Agreement which then entails us to do - take on some possibility. Then you have to also have an agreement -- agree to put in place an agreement that indemnifies the city and agrees to take over those maintenance responsibilities. That sort of thing so we didn't get into a position where all of a sudden we're maintaining all of these pathways because of a License Agreement or else we had pathways that couldn't be used or those sorts of things. That's how this came up. I had some discussions with Brad and one day sat down and tried to hammer out some language that we might put in as a standard staff condition. That's the background. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Mr. Nichols if we require a pathway in our conditions in our findings of fact and stuff we still have a liability regardless to (inaudible) if we require it. The liability issue to me is we're going to get hit whether it's in our name or it isn't in our name if we require it as a condition of development. Nichols: Councilman Bird, Mayor and Members of the Council I'm not sure that we incur a liability just by requiring it any more than we incur liability by requiring streets or connective path - you know a micropath or some sort of thing like that. I don't think that just by requiring it we incur some liability. I think it's fairness to the Irrigation District the issue about being able to call one entity for things like maintenance or there's a whole bunch of trash or there's encroachments into the pathway or into the ditch or somebody's gone under the pathway with a pipe and sucking water out of the ditch for who knows why. Those kinds of things make some sense that we might be in a better position as a city to be able to put up some barricades and put up some notices and to be able to track down somebody and say look this is what you've got to do. Certain subdivisions have - the one I live in has a pathway that's maintained by the Homeowners Association but if it came down to maintenance along there it would be the city that would put up the barricades. That's in Nampa for the minutes. I think that I just would hate to have a situation where we have to - you know Nampa Meridian City Pre-Council Meetlllg March 18, 2003 Page 10 of 14 Meridian says we're not going to let you do anything on this pathway unless you sign this License Agreement. We don't have any fall back position with the Homeowners Association or Property Owners Association when it was clearly intended that they would maintain that pathway all along. Bird: I agree 100 percent with you Mr. Nichols. I think that we need to get something like that drawn up that we can barricade and do stuff like you said they do in Nampa. We need to get that license in place if that's what it takes. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Mr. Nichols what - do you know if they have a particular ordinance in Nampa that addresses this or is it all done through some kind of a - is it all done through the License Agreement or do they have multiple documents addressing these issues. Nichols: Councilwoman de Weerd, Mayor, and Members of the Council to my knowledge there is no Master Pathway or Pathway Agreement in Nampa. I think Nampa took the position they didn't need one. I can check into that easily enough as you know and I certainly will but I'm not aware of an ordinance that sets out those things or a resolution or anything else other than they just kind of have an understanding that's how they'll handle those issues. De Weerd: I guess this does go back to the broader picture and I understand that through the Park's Commission they have a Pathway Committee that's pulling together some of the work that the sub-committee a number, a couple of years ago on pathways. We do increasingly see pathways being planned in these developments. We still have no strong firm standards, requirements, a plan to tie all of this together. I guess if we don't get it real soon we're going to be in dire straights. We're going to have different standards of path surfaces we're going to have different type of maintenance standards. They are going to be wide in some places and short and you know we just need to come up with some strict standards. I don't know Brad, maybe if you can attend one of these and kind of see where they're at. I know you and I have kind of talked about a consultant to pull some of this together. Even along the rail corridor it's starting to come up more and more frequent as to what our plan is and what expectations are as far as the standards and if they're supposed to have - how wide are they supposed to be, what kind of buffer on both sides and those kinds of issues. If you can kind of touch base with them, see where they're at and see if it makes sense to have a consultant kind of pull some things together. I think now is the time to do it. Hawkins-Clark: Mr. Mayor if I could just respond to that. Yes, I think that allowing you know our new Parks and Rec Director Mr. Strong some time to come in. That's definitely one of our department's priorities to talk about with the Parks Department. I know that there are some standards that are in the Parks System Plan that - three different types of pathways but you're right it's a very Meridian City Pre-Council Meetulg March 18, 2003 Page 11 of 14 pressing need. Some - an applicant will come in and we say well there's a pathway on this and they ask us well which side is the pathway going to go on and we can't tell them. Then of course, the first one that comes in most of the time doesn't want to do it. Until we get something in writing and I'm sure that you know it can go - there's just a lot of missing pieces. I think our goal with this was in the meantime and maybe well even permanent that we have for those developers that do agree and where the Irrigation District says you must enter into a License Agreement this is a heads up to the developer at the very front end that your Homeowners Association is going to be in on this. The last paragraph in the middle does mention that well what if after 10 years I mean a lot of these Homeowners Association disband and that's a big question mark for me. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Just to reiterate you know I wouldn't say I lost any sleep over it but it was bothering me that all of a sudden Nampa Meridian expected License Agreements on these paths that we didn't own or maintain. To go back to any of those Property Owner Associations and say oh, by the way we need to have an agreement now when there wasn't anything in the staff report, recommendations, or findings pertaining to an Indemnity Agreement it makes it difficult to ask for one. That's why we wanted to come up with something that staff could throw into their standard comments so that then the developer had a chance to address it through the process if there was some kind of a problem with it. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So can they come back to us since it wasn't in any of their comments they knew a pathway was being proposed? Does the same apply with them can they go back and make that a requirement that we have this kind of agreement? Nichols: Madam President, Mayor, and Members of the Council that's a great point. At this point, they've allowed those pathways to be constructed. I think a lot of them are being used and they haven't blocked anybody off from them. It's just that it's a loose end that they would like to see tied up and maybe if we just simply take them one at a time and see how we can work on it. I don't know I was caught flat footed in that meeting when they said okay here's all of these that we want licenses for and I'm thinking gee we don't own them and we don't maintain them. The agreement talks about Meridian pathways not so much as City of Meridian owned. I clearly though it only intended to cover things like the Five Mile where we own it. We've got the easement it's ours we have to take ca re of it. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. ( Meridian City Pre-Council Meeting March 18, 2003 Page 12 of 14 De Weerd: Just one final question on the Five Mile path. I know I'm putting Doug on the spot because he probably can't answer it. I was curious as to have we had any issues on that pathway that we should be considering as we look at creating more and more pathways. Corrie: That's probably going to have to be a question that he has to think about. De Weerd: We'll see how good he is (inaudible). (Inaudible) the Risk Manager doesn't know of any so that's a good thing. Strong: Mr. Mayor, Councilwoman de Weerd you have put me on the spot. I'm not aware of any issues on the trail at this point. De Weerd: We'll have to break you in Doug. Strong: It's one of the issues that we are looking into that's not directly related to this is crossing from 8th Street Park to the trail. Bird: That's right. Strong: Putting a bridge across to provide better access to the trail of the neighborhood. It's a little different issue than I think - but it does connect pathways that way for different - of pathways to neighborhoods which will improve that pathway. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Why don't - I think Mr. Nichols, Brad and Doug can get together. I'm like Mr. Nichols I would like to see something that could be put -- whether it's by Planning and Zoning or Parks Department in the staff comments something that would take care of each one of these pathways that would allow us to have access too or however you want to do it. I think Mr. Nichols can probably get you some good wording to do that. I believe it's a very important that the Parks and Planning and Zoning are together on this. The Park's Department and Planning and Zoning are very much together on this. I'm sure they will be but that's what I would suggest and let something so that in staff reports when these pathways come through they're automatically in the Findings of Facts and all that stuff. Hawkins-Clark: Mr. Mayor. Corrie: Yes. Hawkins-Clark: If I could just ask one clarification of Mr. Nichols on - Bill did I hear you write that that's State Statute that says that cities are not liable for recreational purposes. That even though that's out there you don't feel that that's enough we still would need to enter into these License Agreements. (" Meridian City Pre-Council MeetJng March 18, 2003 Page 13 of 14 Nichols: Mayor and Members of the Council the issue is not the immunity from liability. That applies to property owners. The issue is really having a way of funding the defense. A lot of times the cost is not the indemnity or what you have to pay in damages. A lot of times the cost is defending from a claim and so insurance and I'm not an insurance salesman but insurance part of the reason for having it is to be able to pay those costs of defense whether the claim is warranted or unwarranted. One of the reasons for the proposed language is to have somebody else back up the cities insurance carrier that we could lay the responsibility off onto somebody else that has an insurance that will take over the defense as well as potential indemnity so that the city doesn't have that cost. The Immunity Statute is a good one because it's designed to encourage property owners to allow somebody to use their property for recreation. Allow a bird hunter onto a farmers field or through somebody's land down to the river to fish kind of thing so that - as long as they don't lay a trap for the person they're not going to be liable. Corrie: Any other discussion? Okay. Why don't the three of you get together and see what kind of language you can get into these. Bill you can help come up with that. Very good, all right. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I would like to move we go into Executive Council per Idaho State Code 67-2345(b). Bird: Second. Corrie: Motion been made and second to go into Executive Session roll call please Mr. Berg. Roll Call: Bird, aye; Nary, absent; de Weerd, aye; McCandless, aye. (Inaudible discussion amongst Council Members) Corrie: I will open the - I'll entertain a motion to come out of Executive Session. Bird: So moved. McCandless: Second. Corrie: Okay motion made and second to come out of Executive Session all those in favor say aye. Opposed no. All ayes motion carried let the record show no decisions were made in the Executive Session. MOTION CARRIED: THREE AYES, ONE ABSENT r < Meridian City Pre-Council Meellng March 18, 2003 Page 14 of 14 Corrie: At this time I will entertain a motion to close the Pre-Council Meeting Agenda. McCandless: So moved. Bird: Second. Corrie: Okay moved and second all those in favor say aye. All ayes motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 7:04 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 4- / 'ZZ-- / 1J3 DATE March 14, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 18, 2003 ITEM NO. 3 REQUEST Presentation for Ice Arena by Charlotte Catlett 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: ..~~ prt~ Contacted: Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. ,_,.' d ',,____',-.... ( ReconunendationsFor Parks Partnerships Group Name Park Name Meridian YOllth Baseball ___~:l~t.f~~______ P .A.L. Soccer ~Ey-~..!Z.._&fLs______ Meridian lions Club Rodeo __~~_:lr0/7f7-___- (!1 , ller ~ II- fiJ. ) __a~'!l--E~-Iz-~--- ( fi{f.,~/I /2t{) Ice Skating Rink Parks and Recreation Commission Recommendations: ~~~~- 'Bruce MacCoy,~;id;~t- -1~_1 __f._I _r:.~ Date Approved ~4rel~~i~t ..- 'n"_.,'.,_,.,,'.._""n'n."'__'_. , : ' -, :.-: .-:-:::.. J.':. ,.,->;< ...,:':::....::'.::-_::: :." ,:')-, ':' ::...::-":,:' .':-'-'.:-: C.:_' '..:', :;-:'.i.-:..~:'.:'.:,:-} -:,.: ::..:.,':..:.'. d _ .,", _, ", ' ". , ._ - ,',n, _ '_, ",_',-.,-,.' -__-. .-_-:0:=:'-,':.:-.-:.:-,. -:'. ',..:.._:'---.:':'::.:-:..:_:-:-. ." _. . '_ ._'_ ,u',.. . - -.' - ;-- - .. ,. , , ," .' ': .,-...-. RECEIVED DEe - 6 2002 City of Meridian City Clerk OfficE'- Acres Needed _2.2___ 25 LQ'-i~__ 5"-7 o '.... ...s: o~ ~ .t$ ~:. ~ ..... ~ ~ ~ tU \.) . .... ~ "+- ~ ~ ,1::$ j'~ :.,~" ~ ;~ s:: ~ \.) . .... ,~ '~ "+- ,.s CI') E-- ~ ~ ~ r:a <'ioo..\ u~ . ~ ~~ \:$ ~~ o ~ ;~ -< ..... = ~ U~ s (1")000 -.::::tC'lo M \0 · lr)t'-O I I cd \C t'- r;;:)'\ \COO'..:::=; OOoof/:j ohoOd oOS NN~ ~~~ o r-..d -.:::t cd ~'"Or- ~~~ ;x: d~ OCd~ ~:.a~ .~ ~ O~\O . ~ ('i") o..~OO March 14, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 18, 2003 ITEM NO. 4 REQUEST Review of Master Pathway Agreement with Nampa Meridian Irrigation District and New Pathway Condition for Development Applications 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: sst-rJ-> j)/oJv Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MerldJan. Memo To: Mayor & City Council Brad Hawkins-Clark~~L R CEIVED MAR 1 4 2003 City Of Meridian City Clerk Office From: cc: City Clerk, Bill Nichols Date: March 14,2003 Re: Indemnity Agreement for Nampa Meridian Irrigation District Pathways P&Z Department staff and Mr. Nichols requested this issue be placed on the City Council's agenda for discussion of a new condition that may be included in future staff reports. According to conversations Mr. Nichols has had with Nampa Meridian Irrigation District (NMID), they expect all pathways along district facilities to be covered by the Master Pathway Agreement. Therefore, a License agreement is required for each pathway segment. They contend this is true even if the pathway is neither owned, nor maintained by the City of Meridian. Below for your consideration is some language to be inserted into staff reports, recommendations, and findings which would require Homeowner's Associations (HOA) to enter into indemnity agreements. "In the event that (the applicable irrigation district) requires a license agreement with the City for the pathway along the (insert name of creek, drain or ditch), the homeowner's association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the license agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the license agreement." The reasoning behind the condition is that the City enters into the License Agreement, the HOA assumes the City's obligations, and the City thereby transfers the liability to the entity that will be controlling the pathway. In this way, NMID gets the License agreement they desire, but the City does not have direct liability. The City would still be responsible to NMID if a HOA does not perform. NMID would contact the City and then we would contact the HOA to ensure that any maintenance or other NMID-required actions are taken. The indemnity agreements would include the City as an additional named insured on the HOA liability policies. NMID is apparently waiting for the City to enter into License Agreements for several pathways. This will need to be discussed further at Tuesday's meeting. It could be argued that the Master Pathway agreement only applies to City-owned and maintained pathways. However, Mr. Nichols understands NMID to view it differently. They look at the pathways built by developers as requiring a License Agreement tied to the Master Pathway Agreement NMID wants to be able to look to the City for maintenance issues and liability issues. It does not want to deal directly with the homeowners' associations. If City Council agrees with the proposed language, staff would include it in every development application that contains a pathway adjacent to an NMID facility. This is regardless of whether the pathway surface is public or privately owned and maintained, within an easement or on fee simple ownership property. We would not include such a condition for any pathway not adjacent to NMID's facilities. Also at the meeting, Mr. Nichols could review for the Mayor and City Council the recent Idaho Supreme Court case involving subdivisions and HOA's. The implications of the case may mean that. prior to the City's final approval of any developments with pathways, we verify that the homeowner's or business owner's association has been formed and rights transferred to it- especially since the proposed condition hinges entirely on the City working with an active HOA. . Page 2