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Home My WebLink About2003-09-16 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 16,2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd --X- Bill Nary U Cherie McCandless + Keith Bird tJ Mayor Robert Corrie 2. Adoption of the Agenda: cZPflt'cwe.. 3. Discussion of Parks and Alleys and School Zone Ordinance: (10 minutes"') dircuS-de.d-- 4. Discussion of Fees with Sanitary Services Company: (10 minutes"') ptiifCUJs-e.d..- '* 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 - September 16,2003 Page 1 of 1 A11l1lJlterials 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 CONF Ik ,rI ON REPORT ** AS OF SEP 26 '8309:17 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 09 09/26 09: 17 Laure I MODE MIN/SEC PGS CMD" STATUS EC--S 88' 19" 0131 023 OK -------------------------------------------------------------------------------------------- fJ leaSe- 1JoS+ :kY /lu../'-UG rw-f,.ev -thMtts! CITY OF MERIDIAN PRE~COUNCJL MEETING AGENDA Tuesday, September 16, 2003 at 6:30 p.m. City Council Chambers 1. Roll-can Attendance: _ Tammy de Weerd _ Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of Parks and Alleys and School Zone Ordinance: (10 minutes*) 4. Discussion of Fees with Sanitary Services Company: (10 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. MeridLm Cily Cnuncil Agenda Sl:'Pt=bcr 16.2003 Pate I {lr I A II mat~rials pr.,;cmcd ~t public m.eting$ stull become )JI'OPmy oflhe CitY ofMeridi9I1. Anyone dC$iriilg accommCldnriN1 for disabilities related to documtmjs and/or he3rings pl<::l<C enl\l3ct th. City Clerk's Offic. :118884433 at leM! 4$ hour.; prior to lhe p\lblic mee-ting. MAYOR Robert D. Con'ie Plt,.~. yosi ~ ?ubl(y~ 1JfAct. f~)~:"*"~~""- rJ~) ,~..' ,.' ~r.t: I''}-r.:,~~_ 'Yol ~~ r~" "i'l " > otG CITY OF i~!~':".. l.. .- , " _ erldltrf/ -l~ .~\ IDAHO I.~ ,A y y~ /.- C'.,.<\> q/ ~€1l 'I '<\'TR"A5UR"Y~ ,""" ! 1903 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird 1ii ,rUJZ):J' / LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888.3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211' Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 16, 2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Parks and Alleys and School Zone Ordinance - Discussion of Fees with Sanitary SelVices Company The public is welcome to attend the meeting. DATED this 11th day of September, 2003. ~;dt.~,# WilLIAM G. BERG, 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 r .....-;. J/ ,,I ? leCtse 90s+ JUY ftc0-uG 7U;-A'CG- - thMtf-O . CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 16,2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Bill Nary Keith Bird Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of Parks and Alleys and School Zone Ordinance: (10 minutes*) 4. Discussion of Fees with Sanitary Services Company: (10 minutes*) * 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 - September 16,2003 Page I of I 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. ** COMMUNICATIONS REPORT ** AS OF SEP 12 '03 12:24 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES . TOTAL TI ME SEND 0042 SEND 00016'28" RECEIVE 0001 RECEIVE 00001'03" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:1 STATUS 01 09/12 08:07 Private G3--R 01'03" 001 016 OK 02 09/12 08:52 208 388 6924 EC--S 02'27" 007 017 OK 03 09/12 10:01 208 388 6924 EC--S 03' 38" 007 019 OK 04 09/12 11:42 CHAMBER-COMMERCE ----5 00'00" 000 021 BUSY 05 09/12 11:56 3810160 EC--5 00'26" 001 023 OK 06 09/12 11:58 12084664405 EC--S 00' 19" 001 023 OK 07 09/12 11:59 8841159 EC--S 00'20" 001 023 OK 08 09/12 11:59 2088840744 EC--S 00' 18" 001 023 OK 09 09/12 12:00 2088467366 EC--S 00' 19" 001 023 OK 10 09/12 12:01 8985501 EC--S 00'19" 001 023 OK 11 09/12 12:02 LIBRARY EC--5 00'21" 001 023 OK 12 09/12 12:03 92083776449 EC--S 00' 18" 001 023 OK 13 09/12 12:04 208 388 6924 EC--S 00'20" 001 023 OK 14 09/12 12:05 2088886854 EC--S 00' 18" 001 023 OK 15 09/12 12:05 12084674538 EC--S 00'19" 001 023 OK 16 09/12 12:06 208 895 0390 EC--S 00' 18" 001 023 OK 17 09/12 12:07 208 387 6393 EC--S 00' 19" 001 023 OK 18 09/12 12:08 ADA CTY DEVELMT G3--S 00'39" 001 023 OK 19 09/12 12:09 208-888-5052 EC--S 00' 20" 001 023 OK 20 09/12 12:10 CHERRY LANE EC--S 00'20" 001 023 OK 21 09/12 12:11 POST OFFICE EC--S 00'25" 001 023 OK 22 09/12 12:12 IDAHO ATHLETIC C EC--S 00' 18" 001 023 OK 23 09/12 12:13 887 0816 G3--S 00'38" 001 023 Of< 24 09/12 12:14 ID PRESS TRIBUNE EC--S 00'20" 001 023 OK 25 09/12 12:16 3810160 EC--S 00'33" 001 024 OK 26 09/12 12:17 PUBLIC WORKS EC--S 00'23" 001 024 OK 27 09/12 12:18 12084664405 EC--S 00'24" 001 024 OK 28 09/12 12:18 PUBLIC WORKS EC--5 00' 19" 001 023 OK 29 09/12 12:19 8841159 EC--S 00'24" 001 024 OK 30 09/12 12:21 2088840744 EC--S 00'24" 001 024 01< 31 09/12 12:22 208 888 6700 EC--S 00'18" 001 023 OK 32 09/12 12:23 2088467366 EC--S 00'24" 001 024 OK ** TX CONFIRMATION REPORT ** AS OF SEP 12 '03 12:24 PAGE. 01 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28 31 DATE TIME TO/FROM 09/12 11:56 3810160 09/12 11:58 12084664405 09/12 11:59 8841159 09/12 11:59 2088840744 09/12 12:00 2088467366 09/12 12:01 8985501 09/12 12:02 LIBRARY 09/12 12:03 92083776449 09/12 12:04 208 388 6924 09/12 12:05 2088886854 09/12 12:05 12084674538 09/12 12:06 208 895 0390 09/12 12:07 208 387 6393 09/12 12:08 ADA CTY DEVELMT 09/12 12:09 208-888-5052 09/12 12:10 CHERRY LANE 09/12 12:11 POST OFFICE 09/12 12:12 IDAHO ATHLETIC C 09/12 12:13 887 0816 09/12 12:14 ID PRESS TRIBUNE 09/12 12:18 PUBLIC WORKS 09/12 12:22 208 888 6700 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S 83--S EC--S EC--S EC--S EC--S 83--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'26" 001 00' 19" 001 00'20" 001 00'18" 001 00'19" 001 00' 19" 001 00' 21" 001 00' 18" 001 00'20" 001 00'18" 001 00'19" 001 00' 18" 001 00' 19" 001 00' 39" 001 00'20" 001 00'20" 001 00'25" 001 00' 18" 001 00'38" 001 08'20" 001 08' 19" 001 00' 18" 001 CMDij 023 023 023 023 023 023 023 023 023 023 023 023 023 023 023 023 023 023 023 023 023 023 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- cp UtASe. 1JoS+ j;y Plt-h-i{~ 7W-flC0 -thMlf.S! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 16,2003 at 6:30 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. Discussion of Parks and A.lleys and School Zone Ordinanca: (10 minutes*) 4. Discussion of Fees with Sanitary Services Company: (1 0 minlJtp.~*\ ** TX eONF-. ..:lTlON REPORT ** AS OF SEP 12 03 12:24 PAGE,01 CITY OF MERIDIAN 25 26 27 29 30 32 DATE T I ME ~ TO/FROM 139/12 12:16 3810160 09/12 12:17 PUBLIC WORKS 09/12 12:18 12084664405 139/12 12:19 8841159 09/12 12:21 2088840744 09/12 12:23 2088467366 MODE EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 00'33" 0131 00'23" 001 00'24" 0131 00'24" 001 00'24" 1301 130'24" 001 CMDtt 024 024 024 024 024 024 STATUS OK OK OK OK OK OK ~------------------------------------------------------------------------------------------~ MAYOR Rob.n D. Conie PIRa (:>') ?tJ8i};.r 7Jub-Ut., 1k-AC<..- 7/id/l2ts'/ ~ .~ . .. L.EGAL.OEPARTMBNT ~:;~ . (20&) 4{j~-92n. FAX 466.4<105 otf; CITY 01' [~.~~. " PARKS & RECREATION ,- J - --:4 h '<.:. (08) 888-3519 . Fa~ 89S.5501 erlalan l:;(' ~" PUBLIC WORKS ~ IDM-IO It (208) 898.5500- Fax 887.1297 {/ ~<" ,I' BUILDING DEPARTMENT ~ (U18) 8&7.n\ I . l'ox 887-1297 "r"'^<un"~~ (;~fr PLANNING & ZONING . \ "" (2(J8) ssa.S533 . F~~ 888.6854 CITY COUNCIL MEMBERS Tammy de Weertl WiIlium L /vI, Nary Cherie McCa"dl~s~ K~ilh BinI 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, September 16.2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Parks end Alleys end School Zone Ordinance - Discussion of Fees with Sanitary Services Company The public is welcome to attend the meeting. DATED this 111h day of September, 2003. 33 EAST IDAHO i\VENUF. . MERIDIAN, IDAHO 83642. (20B) 888-4433 Cily Clerk Otllce J'll>( (20S) 888-<1218 . Humun Resources F:>.x (208) 884-8i23 . Finnnee & Utility Billing F~~ (208) 887.4813 ** TX CONF lk ,nON REPORT ** ( RS OF SEP 12 '03 12:31 PAGE.01 CITY OF MERIDIAN DATE TIME" TO/FROM MODE MIN/SEC PGS CMD" STATUS 06 09/12 12:31 CHAMBER-COMMERCE ----S 00'00" 000 023 BUSY TH I S DOCUMENT 15 511 LL 1 N MEMORY -----------------------------------~-------------------------------------------------------- r ~~~( 17lea.se. 1Jog+ ]rJY JllA..b,Li~ --rU>+;ev - tI1Mtf-<J. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 16, 2003 at 6:30 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. Discussion of Parks and AJleys and School Zone Ordinance: (10 minutes*) 4. Discussion of Fees with Sanitary Services Company: (10 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a gUideline only. Mcridi3l1 Cill! C"ul\QH Agenda September 16. 2003 p~cc I of I All m~t~tials p"",ontod nt pllblic moetin~ sb~1l become prop,,">, oflhe CiIY or Meridian. Myenc desiring accommmllltiol) fordj~bi1ilic:s related 10 dO~uml:fllli alldlorh~11ngs please CMl:l,", \he Cily CIC1lo:'s Office a1888-4433 alle3st 48 houn; prinr 10 the public meeting. ( ** TX IRMATION REPORT ** AS OF SEP 12 '0~~2:SS PAGE. 01 CITY OF MERIDlFiN DATE TIME TO/FROM t'ODE MIN/SEC PGS CMDIl STATUS e1 09/12 12:24 8985501 EC--S 00'23" 001 024 OK e2 09/12 12:25 LIBRARY EC--S 00'29" 001 024 OK 03 139/12 12:27 92003776449 EC--S 00'23" 001 024 OK 04 09/12 12:28 208 388 6924 EC--S e0'27" 001 024 OK 05 09/12 12:29 208S8868S4 EC--S 00'23" 001 024 OK 07 e9/12 12:31 12084674538 EC--5 e0'23" 001 e24 OK e8 e9/12 12:32 208 895 13390 EC--5 00'23" 001 024 OK 09 09/12 12:35 208 357 6393 EC--S 130'23" 1301 024 OK 1\3 09/12 12:35 ADA CTY DEVEl..MT G3--5 00'40" 001 024 OK 11 09/12 12:37 208-888-5052 EC--S 00'23" 001 1324 OK 12 69/12 12:38 CHERRY LANE EC--S 00' 28" 001 024 OK 13 09/12 12:39 POST OFFICE EC--S 00'32" 001 e24 OK 14 09/12 12:4e IDAHO ATHLETIC C EC--S 1210'24" 001 024 OK 15 00/12 12:41 ID PRESS TRIBUNE EC--S 00'23" 001 024 OK 16 09/12 12:42 208 888 67130 EC--S 130'23" 001 024 OK 17 09/12 12:55 CHAMBER-COMMERCE ---5 00'00" 000 024 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- P le4 ~ ?oSi j;y ?ub-U'c M,WOR RQbt:n D. Conie e;U;;;dian ; \, ~D^HO l .i !'" 'M: "= V ~{ "UtlJ: I:%. - 7iiM2);,f/ LE(.1AL DBPARTM6N1" (20814(;6.9212' FAX ~d405 PARKS A RECREA1"JON (208) 888.3579' F~~ 8oS.SS0l rUBUC WORKS (208) 898.5500' F,. 8S7. I 291 CITY COUNCIL MEMBERS Tommy de Weerd WiIli"m \... M. Nory Cherie MCCOIldl." 1<~ill1 Dird RUIUlING OEPARTMo.'JT (208) 881.2111' f.. i~1.lln PtANNlNG & ZONING (208) 884'~S33 . Fo. 888.6854 ... .... - - . , . ~ - ,~ NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY G1VEN that me City Councll oflhe City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 16, 2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Parks and Alleys and School Zone Ordinance - Discussion of Fees with Sanitary Services Company The public is welcome to attend the meeting. DATED this 11th day of September, 2003. 33 EAST IDAHO rWENUF.' MERIDIAN, IDAHO 83M2- (208) 888.4433 CilY Clcrk Ollle. 1'.. (208) 888-<1218 . Hum"-'l Resuurces pO)!; (208) 884-8123 . Finllnce & Ur/lily llilling Fo. (208) 887.4813 (. ** TX CONF Ii. ,fl ON REPORT ** AS OF SEP 26 '03 09:16 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 08 09/26 09:15 Laurel MODE MIN/SEC PGS CMD~ STATUS EC--S 00'24" 001 024 OK MAYOR Rl'befl D, Corrie P I.ea ~ ?03i ;;. <P~u.:~ l."fl ~., cU'e~di;;:;-'; '" IDAf-fO .;., '" fi' ""'rlor"'<IJf\'~ CITY COUNCIL MEMBERS rummy de Weerd WilJium I.. M. Nary Cherie MeC;alldr.,~s J{~ilh l3ird .~ '< <. " '" V l' // .7 ,.3, .! _,'t)flJ 'C<.. - 7iiMZ):J'/ LEG A t. DEPARTMENT (208) 466.<)272 . FAX 46C.-ddOS PARKS & RECREATION (2081 888.3519 . fu~ 898-550 I PUBLIC WORKS (20S) 898-5500' F.u.. 881-129', I;lVIUJIN(; DEPARTMENT (208) 887-2211 . F~x 887.1197 PLANNING & ZONING (208) 88<1.553:> . fa~ 888.6854 ...".... ~...,... ._'H.._. . .. 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, September 1&,2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Parks and Alleys and School Zone Ordinance - Discussion of Fees with Sanitary Services Company The public is welcome to attend the meeting. DATED this 11th day of September, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888.4433 Cily Clerk Office Fax (2()S) 888-4218 . Human Resources F:lX (Z08) 884-8723 . Finance & Utility Billing Far.. (208) 887-4813 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 16,2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Discussion of Parks and Alleys and School Zone Ordinance: (10 minutes*) Discussed 4. Discussion of Fees with Sanitary Services Company: (10 minutes*) Discussed * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Mcridian City Council Agenda - September 16,2003 Page I of 1 All materials prcsented at public meetings shall become property or the City of Meridian. Anyone desiring accommodation for disabilities related to docllments and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre~Council Meetin~ September 16, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, September 16,2003, by Council President Tammy de Weerd. Members Present: Bill Nary, Keith Bird, and Tammy de Weerd. Members Absent: Mayor Robert Corrie, and Cherie McCandless. Others Present: John Overton, Bruce Freckleton, Bill Nichols, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird De Weerd: I would like to call to order the City Council Meeting on Tuesday, September 16th at 6:30 on the dot. Mr. Clerk will you call roll. Item 2. Adoption of the Agenda: De Weerd: Okay number two, adoption of the agenda. Bird: Madam President. De Weerd: Mr. Bird. Bird: I move that we adopt the agenda as published. Nary: Second. De Weerd: It's been moved and seconded to approve the agenda as presented. All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Discussion of Parks and Alleys and School Zone Ordinance: De Weerd: Item number three, discussion of parks and alleyways and School Zone Ordinance. I assume that Captain Overton is taking the lead on this. Overton: Well we've read over the new code, the proposed code. The language looks very similar to what Boise City has adopted which would put us very consistent with what you're doing to the east of us. It does define better the school zones within the city especially when it gives definitions for the signs that ( Meridian City Pre-Council rvleeting September 16, 2003 Page 2 of 10 we presently have on most of our elementary schools which are speed zone is only effected when children are present. We are still in the process, we had a Traffic Safety Meeting this afternoon of determining whether that is the best sign to have up or the time limitation which would be the number three definition of 7:00 A.M. to 4:30 P.M. unless the Council has a request. Otherwise, in talking to ACHD this afternoon we're going to take those on an individual basis on what type of signage we need to have up on the various schools depending on the student rate that we have crossing the streets. ACHD is doing counts in those areas. Other than that, the language appears clear and easy to understand. De Weerd: Captain, I guess I've talked to several people about this. The concern t hat has been shared with m e is when schoo! is 0 ut when they're 0 n vacation, holidays, or those kinds of things are those would still be enforced because the hours would be listed. They would - I guess the noted preference would be to keep when children are present. I know that that's pretty vague too but if you're on a busy street take for example Linder that's going to be a pretty main thoroughfare on that arterial. You would be asking traffic during a certain point, point to point to slow down whether school is in or not, whether there is children present. I know it's just an inconvenience but that's kind of the feedback that I've had. Overton: And that's correct. That's why we wanted to look at them on a case- by-case basis instead of saying a rule one way or the other. Boise is struggling right now. They've moved a lot of them to the 7:00 A.M. to 4:30 P.M. and the argument that they're getting is that that's whether schools in session or it's not weekends holidays the code does not state that it would be null and void on those occasions. We would be hard pressed currently to change any of our signs from when children are present to the timeframe now that we have a better definition of what when children are present is out there. The problem was it was really kind of a void for vagueness issue because no one was really sure how to enforce the when children are present. What exactly did that mean? This becomes better outlined in this code for enforcement purposes for the officers to understand. I'm not proposing I'm sorry. De Weerd: No, I'm sorry. Overton: I'm not proposing that we go out and change any of our current signs at this time. We're going to work with ACHD on a student count for what they're crossing on the major roads versus some of the other roads and see if it is an issue with we have an extremely large crossing. That also comes into playas we have the marked crossing guards during those times as well. We've spent this last year equipping them with traffic cones, signs, and uniforms to assist in that half hour period both in the morning and the afternoon to help designate those areas as speed zones at that time. Sometimes the problem is they don't see the kids because these kids can be very small but in the heavy intersections, they do Meridian City Pre-CouncillVleeling September 16, 2003 Page 3 of 10 see the crossing guards. We're working from that angle as well so that we focus predominately on the times when the children are crossing. De Weerd: That's great. I did notice that they are more noticeable with the cones and the outfits. It's too expensive to think that we can get the flashing lights that are out in front of Meridian Middle School because those really are ideal. They are at least adaptable to when school is out they're not on. Overton: Correct. De Weerd: Council any other questions or comments? Nary: Madam President. De Weerd: Mr. Nary. Nary: I guess the school zone one doesn't really concern me. I think the Captain's right that as - we have I guess the advantage from the Boise schools is that we have a lot of newer schools. That's what I think the struggle has been with Boise is there are a lot of older schools so they're replacing signs. Here we have new schools coming on. I think your concern especially for maybe the middle school that's going to be on Linder, there may be some concerns there. I'm a little - I think this is the definition in the Boise City Code but I'm wondering if there's the second part 0 f t he definition says this definition - this is the when children are present section. This definition applies to children present on the same side of the street as the school building as well as across the street from the school building in any direction within the marked school zone. I guess I'm wandering if we use the school building as a guide many of our schools don't have one building. They have more than 0 ne building and so I'm not sure if that's maybe problematic or whether or not since it's supposed to be within the marked school zone. I just can think off hand for example with like Ponderosa School by that definition and I don't know the name of the road but the street that is basically on the east side of the school there is a pedestrian path that goes to the neighborhood. It's marked with school zone school crossing signs in that area but no one can see a school building from that street because it's on the other side of the houses. Although we want it to apply, I wonder if it would make more sense as a reference point, that we use the school zone signs as the reference rather than the building. I can certainly foresee some judges having concerns that when we're talking about a school building which building were we talking about. If you can't even see the building is that a very fair reference point. Certainly if they're marked school zones anyway I don't know if the building is kind of cupriferous. Maybe Mr. Nichols has a thought on that too. Nichols: Madam President members of the Council, just a couple of thoughts. One is in connection of what you're saying you could insert the word or in that definition sot hat it says, after t he word school building put or in any direction Meridian City Pre-Council fvleeting September 16, 2003 Page 4 of 10 within the marked school zone. That might be one way to address that issue. Under this 7:00 A.M. to 4:30 P.M., what I've seen in Nampa is they also include the word school days only which you mayor may not want to do. If you do the school days only then that would take care of the holidays, the weekends and those sorts of issues there. The other thing that Nampa is doing right now because of the issue of school days only and some school is year around and some schools are not year around. They've started putting up signs if it's a year around school that says year around school on the school zone signs as a way to hopefully educate drivers that it does mean 20 miles an hour now even though it's June or August I don't think we have to necessarily address that issue in the ordinance but it could be addressed in signage with ACHD on those elementary schools that are year around. Those are a couple of amendments if you want to the school days only under three and inserting the word or in that definition there too. Nary: Madam President. De Weerd: Mr. Nary. Nary: [like the change for the when children are present. The only thing I would be concerned with on the school zone of number three and putting school days only is now the prosecutor has to prove the element that the school was in session that day. Now they have to get some way to prove that to convict the person of this offense. I would rather Ilve with Monday through Friday and deal with the three day weekend issue which is only going to be seven to 10 times a year versus trying to prove every single time that school was in session that day. That's what the prosecutor would have to prove. I guess, the way it's included now I think the way the Captain is suggesting is that we're going to sort of figure it out which ones could have it I think Monday through Friday would be just an easier one to prove that it would be to prove that it's a school day. De Weerd: I guess that brings up the question as to would those two contradict each other because the school z one that lists the times i s somewhat different than number two because it says when children are present and it's not restricted to school days or hours. It's just when any kid is present. I think when most people drive through the school zones they're thinking it in terms of when school is in session and not necessarily when any child is present whether school is in session or not. Did your committee discuss that? Overton: They discussed several alternatives. The problem is I don't think we've discovered on a perfect sign that addresses all the concerns. There are issues with both signs. The when children are present does it apply when school is out but you have kids you may have after school activities and you may have kids near those schools that are utilizing those pathways. It's still a school zone because children are present and still enforceable where with the times if you have something that goes beyond that 4:30 timeframe you're out of the realm of Meridian City Pre-Council rvleeting September 16, 2003 Page5of10 protection under that signage. The one that looks like it has the best recourse for us as an enforcement where we deal with a sign that addresses the kids at the intersections needing the do caution by the drivers would seem to tend to lean towards the when children are present sign. I like the idea Councilman Nary had for changing that. The time one if fraught with probable issues depending on whether school is out. The other issue if you put when school is in session is you have parents to go to traditional schools and parents to go to year around. If their child is out at one school, they may assume they can drive through the other one. They're not going to know which is which so you can run into other issues as well that we may not want to travel down. De Weerd: Well and I think it's been raised that there are things that go on even after the 4:30 time period with different athletic events and after school activities as well as open houses and other kinds of things too. Maybe we just need to all be more a ware 0 f when k ids are present tor eally take caution. These would really lend to that. Nary: Madam President. De Weerd: Mr. Nary. Nary: Yes I think on the - I think some of the differences too that we see here with the school district versus Boise is that we have I think a larger percentage of newer schools as well as schools built right in the middle of a neighborhood. Where as a lot of the older schools in Boise are built on main streets. I think the when children a re present is fine. I think it just seems to make sense tom e especially for elementary schools where they are attractions to kids for all hours of the day. They have playground equipment that kids are using, they have basketball courts there that kids use, and they have different types of sports activities and practices that are used that that when children are present is probably makes more sense. The hour ones are just if I had to guess are going to be used more around the high schools and the middle schools where you're not necessarily having playgrounds that kids are playing on all the time or you're having bigger kids that are either driving there themselves like high school or being driven there for bigger activities. I think the only conflict would be like you pointed out is if you have both of these signs in the same school zones. Then I think it definitely would be a conflict but I don't think we're likely going to have that. I think we're going top robably see the when children are present signs more around the elementary schools and the hour time limits around the middle schools or the high schools as well as the ones with the flashing lights on the main roadways. I think as Mr. Nichols suggested if we put the or in number two, and I don't have a particular preference other than I just on, the number three on whether to include Monday through Friday's or leave it as it is. I just don't want to end up having an element for the prosecutor to have to prove that it's a school day. Meridian City Pre-Councillvleeting September 16, 2003 Page 6 of 10 De Weerd: I appreciate that perspective. Any other comments? Bird: Madam President. De Weerd: Mr. Bird. Bird: On number three though if you put Monday through Friday and you know they have Thursday and Friday off and somebody gets picked up in the speed zone they're going to go to court and fight it because school was not in. I like Mr. Nichols suggestion when school is open. I would have to think that one phone call to the administration by the prosecutor would certainly tell you whether they were in school or they weren't in school that day. ' Nary: That's not t he issue. I can find 0 ut if there is school. I have to bring somebody down there to be a witness to testify that there was school that day. don't think the school district wants to do that real bad. I can't do it by affidavit. Bird: Can't the officer do that? Nary: Maybe. Bird: He usually goes there anyway doesn't he if they fight a traffic deal. Doesn't the officer have to be there? Nary: Well the officer would be there but I don't know whether or not he could testify to that or not. Nichols: Madam President. De Weerd: Mr. Nichols. Nichols: Just some comments and maybe this will help get us where we need to be. One is I'm sure that Captain Overton's troops are not going to be - it's highly unlikely they would write a ticket for speeding in a school zone on a day when school is not in session because they're spread kind of thin anyway. They're not likely to be running traffic patrols in that area on a day when they know school is out. I would expect that they would know. There is a way that you could get around potentially it makes the ordinance a little more complicated but you could insert an extra section that says it's an affirmative defense to charge under Subparagraph three if school wasn't in session that day. That - I think that gets in another area. It puts on the defendant having to prove that school wasn't in session. I think I'm not sure how Captain Overton's officers would cite it but I would expect they would just say speeding in a school zone. You wouldn't necessarily say Subsection three would you Captain? Meridian City Pre-Council Meeting September 16, 2003 Page 7 of 10 Overton: Most officers would try to be as specific as possible in listing the subsection of the code the actual violation. The only fear I would have with the timeframe and the affirmative defense that school is not in session is as I brought up before on the other violation, which is when children are present The current code under when children are present would still be a violation if school is out but kids are at the school and there is an event-taking place at the school. Where if it were after 4:30 on a non-school day you would not have - it would be a defense you would not be within the time limit. If the ultimate goal is to protect the children that are trying to get to and from school for whatever the event is if it's outside of the 7:00 or the 4:30 timeframe we would still be covered under the when children are present. De Weerd: I guess what we're looking at is c hanging a m indset. The \tv hole reason we added parks to this is that parks and schools attract children and we need to be more cautious when children are present. By distinguishing timeframes or anything other than when children are present, your caution should not be less. Our law should be consistent. If we're looking at parks around the clock when a child is present, we probably should treat our schools in concert with that because the whole goal of this is to protect the well being of the child and some of the things that happen when children are walking down a sidewalk not paying attention. I think the more simple we can make this and consistent both with our parks and our school zones, the more understandable it will be to the general public on what the law really is or what the ordinance really is. Maybe the discussion on hours and whether school is in session or not kids are going to be attracted to schoolyards. To p lay, to gather and we want that to happen and we want to make sure they're safe whether they're in school or out of school. I guess I would look at or my recommendation and I don't know if you need a motion from Council on the direction that we would like to see you take is something consistent and that will protect the welfare of the children. That should be consistent in our parks and our schools and so I don't think we even need hours at this point. It should just be when children are present period whether school is in session or not. Nary: Madam President. De Weerd: Mr. Nary. Nary: I would suggest for the sake of clarity and to move this along I don't care if we leave number three the way it's written. I don't think - really right now, we don't have anywhere that has a sign like that. All that's saying is that if there is one. I guess if anything maybe what Captain Overton and the Police Department need as they decide what those standards are to put those signs in place because you can't have both. You can't have two and three because that would be confusing. If they're going to make a decision on what type of policy they would like to adopt as to where these are appropriate, what type of traffic situation or traffic counts are necessary to have that maybe we could have that Meridian City Pre-Council Meeting September 16, 2003 Page 8 of 10 discussion then. Right now this really isn't going to matter because there isn't any place that has .this right now. If there is something in the discussion we decide is either better or a better signage of something then we could probably deal with that. Rather than - I think as we've seen in the last ten minutes we can make it really complicated and we don't want to do that. This is pretty simple and right now, I think to move this along is fine. I think number two is the one that really is helpful because it's a lot clearer now for both the officers and from the prosecution side. To get that done I think is really the most important to make that clear and to raise the fine so we raise the awareness I think is fine. I think we can just go forward the way it's written and deal with that later. Bird: That's agreeable with me. I agree with Councilman Nary that two and three - I'm like him three can stay in there it doesn't bother me at all. Let's move on. De Weerd: Okay. Nary: So we'll - Mr. Nichols will add the or though in that so that we have or (inaudible) or the zone. Nichols: Yes and Madam President I noticed a couple of others. We'll put - in order to make sure that it's clear that it's any of the three items we'll insert or a semi colon or after the end of the second sentence. That will be ready next week. De Weerd: Thank you. Nary: Thank you. Item 4. Discussion of Fees with Sanitary Services Company: De Weerd: Okay we'll move on to item number four, discussion of fees with sse. Steve. Sedlacek: Thank you very much. I hope that each of you have in front of you the memo that I produced regarding 0 ur rate adjustment. First of a II, I wanted to thank the Council and city staff for their support in our new facility that we've built out on Franklin Road. During the ribbon cutting, some people were asking me how we were going to pay for it. The coincidence of us asking for a rate adjustment and us moving into the new building isn't lost on me. I do want to assure you there's no correlation between the two. This rate adjustment in no way is enough money to pay for that building but anyway. This is something we do every year. According to our contract, 0 ur rates are tied to t he consumer price index. You should have in front of you the print out from the Bureau of Labor Statistics showing how the consumer price index is changed year to year. Basically, it has got two percent. We're allowed to take 90 percent of that Meridian City Pre-Counciltvleeting September 16,2003 Page 9 of 10 number so we have to reduce it to ten percent. That means our overall rate adjustment cannot be .more than 1.8 percent. We further reduce our amount we can raise rates by excluding the landfill portion of the rate. In otherwards when someone in a residential home as you all live here you pay a certain amount to the city for waste collection every month. Some of that goes to the County for the landfill and those rates haven't gone up so we don't adjust that portion. Basically, if you look at Table one, the residential rates are going to go up 1.3 percent, which is 13 cents a month. Commercial container rates go up 1.5 percent essentially and roll off rates go up 1.8. We've already segregated our land filling rates. On the roll off system, we've already segregated out the landfill portion so those get the full 1.8 percent change. We have the new rate sheet in front of you. Residential rates go from $9.92 a month that's with recycling to $10.05 so that's the 13-cent raise. This is the methodology we've used for the last probably three or four years and we hope that these will go into effect October 1 s( which would mean they would go out in the bills from the billing system the first week of November. I'm here to answer any questions or hopefully we've done this correctly. Bird: Madam President. De Weerd: Mr. Bird. Bird: Steve you guys have done a first class job with your rate increase. You back it up with facts and figures. I don't think the public could ask for any more than that. You certainly are not going overboard on it. You're just getting what you have to. I 'm for moving it 0 nand putting it 0 n the Consent Agenda next week and getting it going. De Weerd: Mr. Nary. Nary: I would concur. I don't think we can put it on the Consent Agenda though. I think we have to advertise fee increases. De Weerd: No, it's not more than five percent. Nary: Oh, I guess that's true. Nichols: Madam President and Members of the Council it would be by resolution to set the rates - Bird: Oh that's right. Nichols: -- and we have put resolutions on the Consent Agenda or put them on the Regular Agenda. Either way you get a chance to look at them. , . , , Meridian City Pre-Council Meeting September 16, 2003 Page 10 of 10 Nary: Yes I think you guys have done a great job so yes let's go ahead and get it done. Sedlacek: And you're all invited to come out to the shop and office and take a tour too. De Weerd: Well we would hate to make it too easy but you are doing a superior job and appreciate it. Sedlacek: Thanks. De Weerd: Thank you. Sedlacek: Appreciate your support. De Weerd: That's the end of our agenda. J would move for adjournment. Bird: So moved. Nary: Second. De Weerd: All those in favor say aye. Okay all ayes motion carried. It's 6:56. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 6:56 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ;~~~ fJ~.f)~~ Cl'ry ~ ATTESTED:J~~A WILLIAM G. BERG, JR., CI It!) / '7 / 03 DATE - - - ", > ',:) ... ..i ...... ...... F: Findings of Fact and Conclusions ofbaw for Approval: CUP 03~020Hequest fora Conditional Use Permit for attached single,.. < ...... family residentia[with comrTlercial inpr()posed.R.15(F?D)andC~N >Czones ....for proposed Th.eGourtvards<atTen>Mile by Doug iC. Campbell.. IrOmBevan.r...DTEDevelopersS..... southeast corner of . .... G... Findings of ~Z:dt~'~~:;tJiL of Lf~~f{; Approval: TCU ... ..........2::002i Req uesttoJransferaC6hditional Use PermitffOmWelldel1 ............... and. Kathleen Lawrence to DebiSheridatl fora child care facility in anl'-Ozone forSuhshihe ACademv :... 7 ,.-; North Linder Road: Approve' ; :~; ~ >~ Fihdingsof~~E~~g~bbnClusions 0 Law or pprova/: 03~033..iHequest fora ConditionaL Use permit fora professional dental office in anL'"'O zone<Jor Millenium<DentalbyMilleniLlm Dental....~. south of East.. Overland Ho n South MilleniUmWay: Amproye Cha~~~ Order o. for Dissolved Air Flotation Thickene Project EWing.~pl]1~~,t~ rove J. pprove Rei~~seof 3itterrqo ons rue Ion rom , ....~... . ve Water an~~tew~er~ e10~1:C~ t:\~ AiPp~r Depar ment R~i~~s - No meeting se on eptem er 3, 03 Items oved frOii\~~~se~~ g a) Nothing Tabled rom epteiT1b~l9j200 FP 0 - .Reques or ina ~pprovaLbf92residentiaLbUildipgl6tsand11otherJotson 35:5Zacres in anR~8zonef6r...BirchstoneSl..lbdivision by Centennial Development, LLG.7northwest corllerOrWestUstick Road and No . Black Cat Road: ab~~e~ur.nitil~Olc~t~O~bEerff 7~'~ 2003 Meetin ...... P 03~050 Re uest fo . aLPlat app ova 0 uilding ots and J4 ot er. lotson..30~79acresi a Rc;8 zone JorVerona Sl..Ibdivisiorf No; 2by PrimelandDevelopment;LLP-,northe corner of West McMillanR6ad an,d North'I"nlV1~;;Rba~ Approv FP o~:~t(~egue~t iIr i=inal Pia app(ova of 38 bUl 0 s an 0 e .lots>on9.2S.. acresin.a ... R~8zorief6rBaldwin ....ParkNo)i7bYCapit . evelopment,lnc."""north of West Ustick dandeast of N Road:iApu rov ........ . "i . i..............i ........> .i ... ....................... .. .~. 6. ... ... .. ..................i>i ..i.................................. ....... .. . .ii........ .. .. ..... .... /.... .. '. .... ... .... Locust . .... ............. i>.ii . .'i. ....:....... . IYleridianCity Coilneil Agenda..,. September 1G,2003 ... .......Page 2 0[3. ... .. ..... Allmatcrials prcscntcd at publieillcctings shall beeoJ11eprOperly oflheCily ofMdridbil. . .... Anyone desiring aeconlll1odritkili for disabilitics related t6docul1lents und/orhearings t'::;'l'." "" <ily CI""., ;:~' ..:884:" .: ';: ': I",," pno h'I,,,hli, ",oo,i", ................... ;:y~)~ i. i:. ~::.>{;: .~. . : ~. Public Hearing: V AC: 03-004 Requesl for Vacation of edicated fifteeriLfoot right~ot-wayonWest 4th Street for Meridian Head Start by Friends of ChiJdrenandFamilies; Inc.,:,:333 Wes(.Broadway Avenue: AttorneY~itIdP~r[e:~p:are F:inid~ii::9SS;z OfZ.. Fac:~tf~an::di: c::o~n:C;;IU:Sn~io[nIS of Law for Approval . PUblic Hearing: CUP 03-024 equest or a onditionaLUse Permift cQllstruct.anewdentalclinitin ar1L~Ozone f6fSeeqmiller DentaLby D . DaVe Seegmiller + south of East Gala Street and east of South Millennium Way: Attprneyto Prepare Firidin s of Factahd Conclusions of Law )~~. 1 f~,';?;~~~~~:;n~:~uP 03-030; R u or a on Ilonal e Permil for a ..... ..... . drive~thrucoffee kiosk irran....L~Ozone for COffee Ki6sRbYOonnReiswig .< ... Leastof South Eagle Road and south of\EastFranklinRbad:Attorney to .' Prepare Findings of Fact and conCl~:~()~S o!~~w fcii~pwoval ..12. Public H~a~ing:.CUP 03,.037RequestfOf~26~difj6riali0~e Permit t moveintoolderhome....usedas office space, pave portion of adjacenLlot, use as dealership for used automobil~s ina c-G zone.f6rQ,P.M. Enterprisesby..O.P.M. Enterprises;Jnc.- 1065 East Fairview Avenue: Attorney tOI..~~ee.~ a~:r~:{::F~i:nd:i~n:g:s:~ OiIEct.Ean:dt c::on~t1USionS<Of Law fo A rpyal . ... ....... ..... . (:iter ewer and Trash elinquencies: ppro,,:';; ..... ..... ..... x \.......................... ....... ~~. r ...\i .... ... .i. .....\.. .. .. .. ... . ..........\ .... ... ..i.... .... 1 .. 13: .. ....... ................... /...........................i/ ...... ........ . ..... ... .... . .......... MeridihnCHy CouncilAg ptcmber 16,2003 age)of3.. II materials prcsented at public mcctings shallbecomc property 0 the Cit)tofMcri . Anyone desiringaccommodatiorifor disabilitics relnted to documcnts and/6iheariligs .... ....... pleasc contact theC ~'i,t;Y~CII:elr~k's OV~fli":C:C: a~l ~8:8:8-":44~3"3 atJeast4 }8h"{0:-ur'TSj p,r.ijo.r; to~ thc public mcetil ................ .\\\ .... .\ i....... ....... ....\.. .. ..\. ..... : . . .,_.-": _ .-'- . _. :_: ' ' ::,::.:::::::::::,:)?:/-::::::::,: ii-~-::;:;:::i:_,::':;:.:':_ :_":, ;._:.: '-':':'-,-'..:.", '_:. ._:' '.:..:'-.::, '.'_::: ~ , ... .... CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 16,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: )( Tammy de Weerd )( -rr- Cherie McCandless "f. o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: tVpfh'V v.-e- 3. Consent Agenda: t!frV'-V A. Approve minutes of September 2,2003 Pre-Council Meeting: ~~ B. Approve minutes of September 2, 2003 City Council Regular Meeting: ~VVL C. Findings of Fact and Conclusions of Law for Approval: VAC 03-003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Engineers - north of East Overland Road approximately one-half mile west of South Eagle Road: wro.&WL. D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 009 Request for annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell ! Tom Bevan ! DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: O/~ E. Findings of Fact and Conclusions of Law for Approval: PP 03- 010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres in proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell! Tom Bevan! DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: CUflN'oV'-e.- F. Findings of Fact and Conclusions of Law for Approval: CUP 03-020 Request for a Conditional Use Permit for attached single- family residential with commercial in proposed R-15(PD) and C-N Meridian City Council Agenda - September 16,2003 Page 1 of3 A1ll1lJlterials presented at public meetings shalt 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. 4. 5. zones for proposed The Courtyards at Ten Mile by Doug CampbelJ J Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: ~tr-<-- G. Findings of Fact and Conclusions of Law for Approval: TCU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in an L-O zone for Sunshine Academv - 737 North Linder Road: arjlY'Ov<-e- H. Findings of Fact and Conclusions of Law for Approval: CUP 03-033 Request for a Conditional Use Permit for a professional dental office in an L-Q zone for Millenium Dental by Millenium Dental - south of East Overland Road on South Millenium Way: o/~(14./ I. Change Order No. 2 for Dissolved Air Flotation Thickener Project - Ewing Company: ~WL J. Approve Release of Bitterroot Construction from 2003 Locust Grove Water and Sewer contract: ~v-.e-- Department Reports /to ~ f-e-f- or..- <f"epkn-be-z... '501 2-003 (Items Moved from Consent Agenda) M./1z.rn$- Tabled from September 9, 2003: FP 03~048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: -,7t~ tvwhz oc.f-P6ert 7A/f ZotPS ~. FP 03-050 Request for Final Plat approval of 78 building lots and 14 other lots on 30.79 acres in a R-8 zone for Verona Subdivision No.2 by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: ~ve FP 03-051 Request for Final Plat approval of 38 building lots and 2 other lots on 9.28 acres in a R-8 zone for Baldwin Park No.7 by Capital Development, Inc. - north of West Ustick Road and east of North Linder Road: approV"t...- Public Hearing: V AC 03-004 Request for Vacation of a dedicated fifteen-foot right-of-way on West 4th Street for Meridian Head Start by Friends of Children and Families, Inc. - 333 West Broadway Avenue: ccffrrrne.;r fc /fr.ePd/LL oJ-dh .,;;y a-j? /i""rrP-L Public Hearing: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L-Q zone for Seeamiller Dental by Dr. 6. 7. 8. 9. 10. Meridian City Council Agenda- September 16, 2003 Page 2 of3 All materials presented at public meetings shall become property of the City of Mcridian. 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. 11. 12. 13. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: at1el-n..e,j.,L-o In".el'~ .r!,c. -I c/,(,4J-. appt'o~ Public Hearing: CUP 03..()30 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: ~t',4Jrne:J .10 p.e'pa--z.e. /'IF 3(' cl,e ;:irr t:ifJrY1:>tro...-L Public Hearing: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C-G zone for O.P.M. Enterorises by O.P.M. Enterprises, Inc. -1065 East Fairview Avenue: afhrrn.e'j 1-0 ,n.e/,~ -/'IF I- c/;( fiy- at'j?F"OYcJU Water, Sewer a'nd Trash Delinquencies: ~() vu- Meridian City Council Agenda - September 16, 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. t"" ** TX IRMATlON REPORT >l<>i< AS OF SEP 16 ' 03 \. J8 PAGE. 01 CITY OF MERIDIAN DATE Tl~lE TO/FROM MODE MIWSEC PGS CMDIl STATUS 12 09/16 21:36 3810160 EC-S 01'36" 003 073 OK 13 09/16 21:'38 PUBLIC WCRKS EC-S 00'57" 003 073 OK 14 09/16 21:39 12084664405 EC--S 00'59" e03 073 OK 15 09/16 21:41 8841159 EC--S 00'58" 003 e73 OK 16 09/16 21:42 2088840744 EC--S 00' 58" 0133 073 OK 17 0Sl/16 21: 44 2008467366 EC--S 1210'58" 003 073 OK 18 09/16 21:45 8985501 EC-S 00'57" 003 073 OK 19 09/16 21:47 lIBRARY EC-S 01'14" e03 073 OK 20 e9/16 21:48 92083776449 EC--S 00'57" 003 073 OK 21 09/16 21:50 208 388 6924 EC--S 01'14" 003 073 OK 22 09/16 21:52 2088686854 EC-S 00'57" \;1133 073 OK 23 09/16 21:53 208 895 0390 EC--S 00'58" 1303 1373 OK 24 09/16 21:54 208 387 6393 EC--S 130'58" 1303 073 OK 25 09/1621:56 ADA CTY DEVELMT G3--S Gl'47" GI33 073 OK 26 G9/16 21:58 208-888-5G52 EC-S GG'58" e03 073 OK 27 G9/16 22:00 CHERRY l~ EC--S 01'15" 0133 073 OK 28 09/16 22:G2 POST OFFICE EC-S 01'36" G03 073 OK 29 09/16 22'134 lDAKD ATHLETIC C EC-S 00'~" 13133 073 OK 30 09/16 22:05 ID PRESS TRIBUNE EC-S 00'57" 1303 073 OK 31 09/16 22:07 208 888 5700 EC--S 0\:1'57" 003 073 OK CITY OF MERIDIAN CllY COUNCIL REGULAR MEETING AGENDA Tuesday. September 18, 2003 at 7:00 p.m. City Council Chambers 1. Roll-ca1I Attendance: )( Tammy de Weerd --L Bill Nary ~ Cherie McCandless -L Keith Bird -12- Mayor Robert Corrie 2. AdoptIon of the Agenda: &LJ>~ ~ 3. Consent Agenda: ~~ A. Approve minutes of September 2, 2003 Pre-Council Meeting: ~~ s. Approve minutes of September 2, 2003 Cily Council Regular Meeting: ~~ c. Findings of Fact and Conclusions of Law for Approval: VAC 03.003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Uo Subdivision by Pinnacle Engineers - north of East Overland Road approximately one-half mile west of South Eagle Road: ~IM- D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 009 Request for annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeasl corner of North Ten Mile Road and West Pine Avenue: ~~ E. Findings of Fact and Conclusions of Law for Approval: PP 03- 010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres in proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbellt Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: a.trr"~ F. Findings of Fact and Conclusions of Law for Approval: CUP 03-620 ReCjuest for a Conditional Use Permil for attached single- family residential with commercial in proposed R-15(PD) and C-N Morid"" Cilyc..ll/Ioil ^s...d.o $~ I,,:!OM 1'>6') 0.(3 AlIIllO!<rioh ~otP"\"l<: lIlc<W>pWIIIl<..,.,. _aT)' .rlht Cil:f.rMori4i.... Ally... ~_tl...c.. dlubUUi..,CJmd10 doeumal, oodI"" b~ rl.... _<11110 Ci1y CIG\('. OftIu.. 3"-443) III 1_ 43 bo\tr$ prior to lb. pqbli. ""~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 16, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: Approve A. Approve minutes of September 2, 2003 Pre-Council Meeting: Approve B. Approve minutes of September 2, 2003 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: VAC 03-003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Engineers - north of East Overland Road approximately one-half mile west of South Eagle Road: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 009 Request for annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell / Tom Bevan / OTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 03~ 010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres In proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell/Tom Bevan / DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: Approve Mcridian City Council Agenda - September] 6,2003 Page I 00 All materials prcscntcd at public mcctings shall becomc property orthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Ofllce at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: CUP 03-020 .Request for a Conditional Use Permit for attached single- family residential with commercial in proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell / Tom Bevan / DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: Approve G. Findings of Fact and Conclusions of Law for Approval: TCU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in an L-O zone for Sunshine Academy - 737 North Under Road: Approve H. Findings of Fact and Conclusions of Law for Approval: CUP 03~033 Request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental by Millenium Dental - south of East Overland Road on South Millenium Way: Approve I. Change Order No. 2 for Dissolved Air Flotation Thickener Project - Ewing Company: Approve J. Approve Release of Bitterroot Construction from 2003 Locust Grove Water and Sewer contract: Approve 4. Department Reports - No meeting set on September 30,2003 5. (Items Moved from Consent Agenda) Nothing 6. Tabled from September 9, 2003: FP 03~048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: Table until October 7,2003 Meeting 7. FP 03-050 Request for Final Plat approval of 78 building lots and 14 other lots on 30.79 acres in a R-8 zone for Verona Subdivision No.2 by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Approve 8. FP 03-051 Request for Final Plat approval of 38 building lots and 2 other lots on 9.28 acres in a R-8 zone for Baldwin Park No.7 by Capital Development, Inc. - north of West Ustick Road and east of North Linder Road: Approve Mcridian City Council Agenda - Scptember ]6, 2003 Page 2 of 3 AlIlllaterials prcsented at public mcetings shall become properly of the City of Meridian. Anyone desiring accolllmodation for disubllities re]ated to documents and/or hearings I}leasc contact the City Clerk's Ofllce at 888.4433 at least 48 hours prior to the public meeting. 9. Public Hearing: VAC 03-004 Request for Vacation of a dedicated fifteen-foot righJ-of-way on West 4th Street for Meridian Head S tart by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for Seegmiller Dental by Dr. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 03-030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C-G zone for O.P .M. Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Water, Sewer and Trash Delinquencies: Approve Meridian City Council Agenda - September 16,2003 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetin~ September 16, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, September 16,2003, by Council President Tammy de Weerd. Members Present: Council President Tammy de Weerd, William Nary, Keith Bird. Members Absent: Mayor Robert Corrie, Cherie McCandless. Others Present: Bill Nichols, Will Berg, Anna Powell, Bruce Freckleton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X o Cherie McCandless X o Robert Corrie Bill Nary Keith Bird De Weerd: Okay. I'll go ahead and call this meeting to order as City Council regular agenda. It's Tuesday, September 16th, at 7:00 o'clock and I will ask the City Clerk to call roll call attendance. Item 2: Adoption of the Agenda: De Weerd: Okay. Thank you, Will. Item number two, adoption of the agenda. I guess right off we have been asked on item number six to continue the tabled for request final plat and in talking with staff, it looks like we would continue that to October 7th and then, item number 12, we didn't get some information for staff review and so that looks like it needs a continuance until the 23rd; is that right, Anna? Powell: Mr. -- I'm sorry, Madam President. Council President and members of the Council, we were -- we were supposed to get the landscape plan ten days before. They did get the landscape plan in in time for it to make it into your packet. We did not receive the landscape plan until today. The applicant did scurry around and make several changes today and we got a revised landscape and site plan about 4:30 today and they have been distributed to you, so it's your choice as to whether you want to table it tonight. We did get a chance to review the site plan and landscape plan and we could move forward tonight if that's your choice. The applicant is here. De Weerd: I guess it's your comfort level, if you have had enough time to review that. Powell: Wendy felt she had enough, so -- De Weerd: Okay. Okay. So, item number 12 is not an issue. Are there any further changes? Okay. I would entertain a motion. Meridian City Council Meeling September 16, 2003 Page 2 of 25 Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the amended agenda, which item six is the only amendment. Nary: Second. De Weerd: Okay. It's been moved to adopt the agenda, with the exception of item six. Nary: We are going to move that at the -- okay. Bird: We have to move that when -- Nary: Okay. De Weerd: Okay. Right. That's correct. So, moving to approve the agenda. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 3: Consent Agenda: A. Approve minutes of September 2,2003 Pre-Council Meeting: B. Approve minutes of September 2, 2003 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAC 03-003 Request f or a Vacation 0 f a sewer easement 0 n Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Engineers - north of East Overland Road approximately one-half mile west of South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 009 Request for annexation and zoning of 11 acres from RUT to R-15 (PO) and C-N zones f or proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres in proposed R-15 (PO) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Meridian City Council Meeting September 16, 2003 Page 3 of 25 Bevan / DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-020 Request for a Conditional Use Permit for attached single- family residential with commercial in proposed R-15 (PO) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell / Tom Bevan / DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: G. Findings of Fact and Conclusions of Law for Approval: TCU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in an L-Q zone for Sunshine Academv - 737 North Linder Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 03-033 Request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental by Millenium Dental- south of East Overland Road on South Millenium Way: I. Change Order No. 2 for Dissolved Air Flotation Thickener Project - Ewing Company: J. Approve Release of Bitterroot Construction from 2003 Locust Grove Water and Sewer contract: De Weerd: Item number three, Consent Agenda Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda and for the President of the Council and the Clerk to sign and attest all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Mr. Clerk, roll call. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Meridian City Council Meeting September 16, 2003 Page 4 of 25 Item 4: Department Reports De Weerd: Okay. Do our departments have anything to report tonight? Powell: Madam President, Members of the Council, we do have a fifth Tuesday coming up. I didn't know if you wanted to schedule a joint meeting with the Planning and Zoning Commission or not. De Weerd: j think, generally, we have an agenda and we have already worked some things out with them prior to this late of date. Has the Commission indicated any interest or particular items they would like to discuss? Powell: No ma'am. De Weerd: Okay. Well, I would leave that up to Council, but if there is nothing pending at this point, I wouldn't mind not meeting on that Tuesday, but you know, I'm very open to it, because I love this. Nary: Madam President. De Weerd: Mr. Nary. Nary: I certainly don't mind having one week off from these meetings. I guess I'm the only one not campaigning, but I certainly don't mind having one week off. We don't have to meet. There is not really an agenda. There is no point. De Weerd: I don't know what campaigning has to do with sitting up here, but -- okay. Well, I think, Anna, that means that we don't -- since we have nothing pre-discussed, I don't think we need to -- okay. Item 5: (Items Moved from Consent Agenda) De Weerd: There were no items moved from the Consent Agenda. Item 6: Tabled from September 9, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: De Weerd: So we will move to item number six. Bird: Madam President. De Weerd: Mr. Bird. Meridian City Council Meeting September 16, 2003 Page 5 of 25 Bird: I move that we table item number six, FP 03-048 for Birchstone Subdivision, the final plat, until October 7tb, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue the tabled request for final plat until October 7th. All those in favor say aye, Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 7: FP 03-050 Request for Final Plat a pproval of 78 building lots and 14 other lots on 30.79 acres in a R-8 zone for Verona Subdivision No.2 by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: De Weerd: Item number seven. Request for final plat approval of 78 building lots and 14 other lots on 30.79 acres in an R-8 zone for Verona Subdivision No.2 and we will open with staff comments. Powell: Madam Chair, Members of the Council, this is for Verona Subdivision and this is the second plat that's come in. I did want to point out that this is the approved preliminary plat and the final plat is consistent with the approved preliminary. We have a shift in orientation here, in you case get confused, so here are the -- if you orient on this road right here, you will see it changes direction but staff had no concerns with the plat. There was some discussion about some existing trees on the site and they did meet with the city arborist and they do seem to have all that taken care of. There is a fax in your packet -- or I believe it was put on your desk today regarding that discussion, but staff is happy with the final plat application and would recommend approval. De Weerd: Okay. Any questions for staff? Bird: I have none. De Weerd: Okay. Is the applicant here? Do you have any comment? De Weerd: Okay. The applicant has no comments, so they must agree with all of our staff comments. Okay. I would entertain a motion on Item NO.7. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve FP 03-050, the request for final plat approval of 78 building lots and 14 other lots on 30.79 acres in an R-8 zone for Verona Subdivision No. 2 by Primeland Development, LLP, northeast corner of West McMillan Road and North Meridian City Council Meeting September 16, 2003 Page 6 of 25 Ten Mile and for the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff comments, applicant's comments. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-050. Any further discussion? Okay. All those in favor say aye. Roll call? He said he didn't care. Okay. Roll call. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Okay. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 8: FP 03-051 Request for Final Plat approval of 38 building lots and 2 other lots on 9.28 acres in a R-8 zone for Baldwin Park No.7 by Capital Development, Inc. - north of West Ustick Road and east of North Linder Road: De Weerd: Item number eight, request for final plat approval of 38 building lots and two other lots on 9.28 acres in an R-8 zone Baldwin Park No.7 and we will open with staff comments. Powell: Madam President, members of the Council, this is the seventh in the series of the Baldwin P ark and we have been going through t his I ately. This is t he approved preliminary plat that has been added to and we have made it a condition that they bring us anew preliminary plat. This should bet he last phase t hat you see. This is the revised preliminary that's not yet been approved and this is the plat tonight. This should be the last plat you see before you have a chance to look at the new preliminary plat, so that we get the lot count where it should be but as in the past few, we have added a condition that prior to the City Engineer signing it we do need to receive that preliminary plat application, but all other aspects of the final plat are in good order and we would recommend approval. De Weerd: All right. Any questions for staff? Okay. Is the applicant here? We did get a memo that -- or e-mail that states that they agreed with all staff comments. Okay. So I would entertain a motion on item number seven. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve FP 03-051, request for final plat approval of 38 building lots and two other lots on 9.28 acres in an R-8 zone for Baldwin Park No.7 by Capital Development, Incorporated, northwest of West Ustick Road and east of North { 'e Meridian City Council Meeting September 16, 2003 Page 7 of 25 Linder Road, for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order and i[lcorporate staff and applicant comments. Nary: Second. De Weerd: Okay. I have a motion to approve FP 03-051. Mr. Clerk, roll call. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 9: Public Hearing: V AC 03-004 Request for Vacation of a dedicated fifteen-foot right-of-way on West 4th Street for Meridian Head 5 tart by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: De Weerd: Okay. Item No.9, Public Hearing VAC 03-004, request for vacation of a dedicated is-foot right of way on east -- or West 4th Street for Meridian Head Start. Anna. Powell: Madam President, this is a request to 15 feet of ACHD right of way to vacate and that would be half of the existing right of way. That right of way exists right there. You can see that sliver of land that doesn't have the lot line around it. So, they would be vacating half of that and asking that that be included in their lot for the Meridian Head Start. At the Planning and Zoning Commission the only testimony taken was from Ms. McGibben and she did testify in support of the application. The key question of discussion was whether or not there were any utilities in the right of way to be vacated and they did testify that, no, there were not. You have received additional information today. They wanted make the record clear. They recently found out that there is an Idaho Power transformer box in there. That box is -- was placed within that right of way solely for the benefit of the development of this property, so it will not affect the -- any adjoining property owners and I believe there is also a letter from -- I thought they also got a letter from the Idaho Power, but perhaps not and the applicant can speak more to that if they'd like. There were no outstanding issues for the City Council. They will -- did want to point out that they still have to go through the formal vacation process with ACHD. We are just kind of a first stop in the process and then, they do go through the ACHD process as well and they will be required to get all the relinquishments through ACHD, so in the event that we have missed one, that should get caught later but we feel pretty confident that there is nothing there and I will leave it at that. De Weerd: Anna, I guess I just have one question. Is that right of way half of that, the other half, has that already been vacated to the other property? Powell: I don't believe so. That would be up to that other applicant to request that. It's pretty common for just half of a right of way to be taken at a time. Meridian City Council Meeting September 16, 2003 Page 8 of 25 De Weerd: I didn't know if it had already been taken care of in the past or not. Powell: Well, I'm assuming no, because the lot line would have shifted, so I don't believe it has. De Weerd: Okay. Thank you. Okay. [s the applicant here? Do you have anything you would like to add? I think there was -- Powell: I have never met Doug Cooper. If he was here -- sir, can you come up to the podium and they will have to swear you in. De Weerd: If you will just step up there and then we would like to swear you in. Okay. Is the testimony you provide here tonight the truth, the whole truth, and nothing but the truth, so help you God? Cooper: [do. De Weerd: Okay. Please state your name and address. Cooper: My name is Doug Cooper. [live at 515 West Hays Street in Boise. De Weerd: Okay. Thank you. Nice to meet you. I'm glad you came up to be sworn in and state your name. Do you have any questions for him, Anna? Powell: Well, my understanding was t hat you might have a I etter from Idaho Power stating that -- Cooper: I sent out an e-mail to the City Clerk's office around -- pretty late this afternoon and I thought -- I sent an e-mail to the City Clerk's office this afternoon that was forwarded from Idaho Power, basically saying the same thing that our letter said about that transformer, which was put in only for the use of the new building. Bird: We have got it, Anna. We have -- Anna, do you have one? Powell: Yes. I didn't recognize it at first. I'm sorry. I do have it. With that, Madam President, I think we have got all the information we need. We are fine. De Weerd: Okay. Council, any questions for the applicant? Bird: [have none. De Weerd: Well, thank you, Mr. Cooper. Cooper: Thank you. Meridian City Council Meeting September 16.2003 Page 9 of 25 De Weerd: Okay. Any further discussion? This is a Public Hearing. Is there anyone here that would like to tesJify on this item? Okay. Seeing none, Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: I'd move we close the Public Hearing. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Okay. Discussion? Bird: I have none. De Weerd: Okay. Motion? Nary: I guess I had a question. On these requests for vacation, do we do Findings of Facts or do we do an order or do we just do the consent, since it's not our -- all we are doing is consenting. The highway district does the vacating. Nichols: Madam President, members of the Council, I believe we do prepare an order approving the requested vacation. I think that's what we have done. Nary: Okay. Madam President? De Weerd: Mr. Nary. Nary: I'd move we approve VAC 03-004, request for vacation of a dedicated 15 foot right of way on West 4th Street for the Meridian Head Start by Friends of Children and Families, at 333 West Broadway Avenue and for Council to prepared an order pursuant to that. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve VAC 03-004. I'll ask the Clerk to call roll. Roll Cali: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. Meridian City Council Meeting September 16, 2003 Page 10of25 MOTION CARRIED: TWO AYES. ONE ABSENT. Item 10: Public Hearing: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for Seeqmiller Dental by Dr. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: De Weerd: I would like to take a moment to welcome the Boy Scout in our audience. We always like to see the Boy Scouts here. I assume you're earning your badge. Well, that's great. Well, welcome. Okay. We will move onto Item NO.1 0, the Public Hearing for CUP 03-024, request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for Seegmiller Dental and I will open the Public Hearing with staff comments. Powell: Madam President -- I'm having a hard time saying that. I'm sorry, members of the Council. This is probably a familiar site at this point. It is in the Resolution Sub. It's on the corner of Millennium Way and Gala Street and you recently approved a three lot subdivision on the property. This is a Conditional Use Permit request for one of those properties and it's the one to the east. So, we see the building -- this layout was shown on the subdivision plat as it went through, so you have seen this layout and, in fact, as the subdivision was going through there was quite a bit of discussion about where the access points should be. Particularly this one and this one and that also was a big item of discussion at the Planning and Zoning Commission. When the Planning and Zoning Commission -- when the subdivision went through the Planning and Zoning Commission, they had originally requested an access point at this location to the south, going south there, so when this Conditional Use Permit came through without an access there, it was discussed quite a bit and what they ended up doing is tabling the application until you approved the subdivision, so that they would know where the appropriate access points were. So, this has been in the process for a comparatively long time for that reason but all the access issues have been worked out and there is a bollard and chain put at this access, so that there is emergency access if need be, but it is not open to the general travel way, and again, that was the primary discussion at the Planning and Zoning Commission. There have been no commission changes in staff recommendation at this point and the only outstanding sort of issue for the City Council is that you will need to reference the revised site plan, which was submitted September 10th, 2003, which provides the temporary emergency access on the south boundary. De Weerd: Okay. Thank you. Any questions? Bird: I have none. De Weerd: Okay. Is the applicant here this evening? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Knopp: Yes. Meridian City Council Meeting September 16, 2003 Page 11 of 25 De Weerd: Please state your name and address. Knopp: Larry Knopp, 355 South 3rd Street. I'm the architect representing the owners on this piece of property. As Anna testified, I think we covered all the issues that were involved with this piece of property in providing a cross-access to the flag lot to the south for emergency vehicle only and at a point when the flag lot below to the south is developed, then, the access can be permanently closed off and they will take access to the five acres on the east side is what we have agreed to. So, I think we have got all the issues covered and we are just ready to proceed. My client is kind of running behind schedule a little bit, so we were hoping that Planning and Zoning would go pass it on the condition that it is approved and the -- what we had worked out would be -- with the City Council would be conditions that we would live with on it, so we are kind of running a little late, so we are hoping to proceed as soon as possible. De Weerd: Okay. Any questions? Bird: I have none. De Weerd: Okay. Knopp: Thank you. De Weerd: Thank you very much. Okay. This is a Public Hearing. Is there anyone else who has testimony on this application? Okay. Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: I move we close the Public Hearing. Bird: Second it. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Any discussion? Okay. I would entertain a motion. Bird: Madam President? De W eerd: Mr. Bird. Meridian City Council Meeting September 16, 2003 Page 12 of 25 Bird: I would move that we approve CUP 03-024, request for a Conditional Use Permit to construct a new detJtal clinic in an L-O zone for Seegmiller Dental by Dr. Dave Seegmiller, south of East Gala Street and east of South Millennium Way and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff and applicant's comments and the newest date of the site plan is September 10th, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve CUP 03-024. Mr. Clerk, will you call roll? Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 11: Public Hearing: CUP 03-030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: De Weerd: Okay. Item number 11 is a Public Hearing for CUP 03-030, request for a Conditional Use Permit for a drive-thru coffee Kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig and I will open the Public Hearing with staff comments. Powell: Madam President, members of the Council, this site is located in the Meadow Lark -- or, I'm sorry, Meadow Lake -- okay. I will compose myself. It only takes up a very small portion of the property, as you will see. On this aerial, please, note the construction road that goes through to the St Luke's property, you can see it clearly there. It's still being used for the Meadow Lake development This Coffee Kiosk would take advantage of that -- that construction road as those folks came off of Franklin Road and the kiosk would be located right in this location. They are only asking for a temporary approval of this. Here is a little elevation of the small kiosk. It is on wheels, so it is a temporary use that will be pulled off after a two-year period. They are doing some landscaping right a round the kiosk. T he I andscaping a long the perimeter w as done with the Meadow Lake Village Subdivision. Here is a picture of the site. There is a little bit of a grade change. You can see the construction road coming up here. It would be kind of in this location but it will be kind of further back off the street and it is fully self contained, t hey won't have a ny water 0 r sewer hook-ups, it will just be self contained. At the Planning and Zoning Commission hearing the applicant did testify in favor of it There was no other public testimony taken at that hearing. The key issues of discussion and questioning by the Commission were mostly the temporary use nature of it, the time line, whether we would grant it for a full two years or whether it would be 12 months or 18 months. There was also some discussion about signs, stacking, as far as whether they had enough room f rom Franklin -- oops. Going the wrong way and Meridian City Council Meeting September 16, 2003 Page 13 of 25 there is -- ACHD has approved that stacking length and then, the parking, paving, and landscaping. They were ,able to resolve all the issues a nd, then, with regard to the temporary use and how long that would be good, they did grant a -- they allowed it for 12 months, with a 12 month extension. So, if there were no complaints issued within the first 12 months of their beginning their use, then, they would automatically get another 12 month extension. If there were complaints filed, then t it would have to be a Public Hearing and it would go back to Planning and Zoning Commission and then, they did add a specific size to the required parking stalls, but that was all. So, with that, they have recommended approval to you and I think that ends staff's comments. De Weerd: Okay. Any questions for staff? Bird: I have none. De Weerd: Okay. Is the applicant here tonight? Well, apparently, they have no issues with what's being recommended by Planning and Zoning. I don't know if the City Council feels comfortable moving forward on this, but I'll leave that up to you. Bird: Madam President? De Weerd: Mr. Bird. Bird: I do on something like this. I think Anna pretty well explained everything and 12 month, with another 12 months, I think, pretty well protects the public and protects us, so I would have no -- I have no problems moving on. In fact, I would make a motion that we close the Public Hearing. Nary: Second. De Weerd: It's been moved and seconded to close the Public Hearing. Before I ask for a vote, I wanted to make sure there was no one further who would like to testify on this item. Okay. Hearing none, all those in favor say aye. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Any further discussion? Okay. I'll entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. B1rd: I would move that we approve CUP 03-030, request for a Conditional Use Permit for a drive-thru Coffee Kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig, east of South Eagle Road and south of East Franklin Road, for the attorney to draw up Findings Meridian City Council Meeting September 16, 2003 Page 14 of 25 t, of Facts and Conclusions of Law and Decision of Order, and incorporate staff and applicant comments. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve CUP 03-030. Mr. Clerk. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 12: Public Hearing: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C-G zone for O.P.M. Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview Avenue: De Weerd: Okay. Item number 12, Public Hearing for CUP 03-037, request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles, in a C-G zone for O.P.M. Enterprises. I will open the Public Hearing with staff comments. Powell: Madam President, members of the Council, this IS a kind of small redevelopment. I understand this used to be a podiatry office. It's located off of Fairview Avenue. He is requesting conditional use approval to have, I believe, a five lot dealership, with an associated mortgage loan company on the property as well. You will see from the aerial that the building is in this location. There is another house back here that wraps around it and there is one right next door also and here is the proposed parking area and this is the old site plan. I will, in a moment, put up the new site plan. I want to leave this up for a moment. There is the other house there. The applicant -- or, I mean, sorry, the owners of this property did testify at the Public Hearing and they had concerns about the visibility of the property at that time. That was the only person to testify against it at the hearing. The applicant did testify in favor of it. There was no other testimony taken. The outstanding issue was the several required changes to the site plan and the landscape plan. We did not receive that. As I mentioned, we didn't receive that until today, all the required changes. Wendy Kirkpatrick did have a chance to go through those and she felt that they did meet the intent of the Planning and Zoning Commission a pproval a nd I was -- my pause at the beginning of m y presentation is because I was trying to find the condition of approval number 17 that is referenced on the other -- on her sheet. Maybe Bruce could look that up for me real fast while I get the site plan. De Weerd: I think what she was referencing is they needed to submit a revised site plan and landscape plan ten days prior to the hearing and they just submitted it today or Friday. Meridian City Council Meeling September 16, 2003 Page 15 of 25 Bird: Madam President? De Weerd: Mr. Bird. Bird: Anna? Powell: Yes, sir. Bird: I see no date on this revised site and landscaping plan. I mean there is date of then they -- evidently, Treasure Valley Engineers faxed it to them or something or sent it to them of 9/8/2003. Is that the date you want to use on the set of plans? That's the only date I see on the plans. Powell: That would be the one we have referenced, even though those changes were made today. I'd apologize for not being as well prepared. We didn't think this was, actually, going to be on the agenda tonight. The primary issues of discussion were a fence at the perimeter of the property, which, I believe, the applicant agreed to and, then, some additional landscape buffers, as I understand it. I think I'll go ahead and let the applicant speak to you while I do a little research. De Weerd: Well, I don't know -- I do know that City Council has had a policy that we don't accept last minute pieces of information, unless staff feels comfortable. I guess I have a couple of questions regarding this conceptual site plan and, typically, our landscape buffer doesn't normally also work as the proposed storm water management swale. Is this something common or -- was this available during Planning and Zoning? Powell: Madam President, this was one that they let go with a fair number of corrections that were required before it got to you. They thought it could be handled. At this point, given your questions, it may be appropriate to just to table it for a week, so that I can meet with Wendy and discuss these, because I'm not sure that she had a fair amount oftime to evaluate it. De Weerd: Okay. Well, I have opened the Public Hearing and I would imagine that the applicant ish ere. I t was, you k now, a 50-50 guess. B ut would you I ike to s hare a couple comments? 0 kayo Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Walker: Yes. De Weerd: Okay. Please state your name and address. Walker: Justin Walker. 311 South Malachi Avenue, Meridian, Idaho. De Weerd: Thank you. Meridian City Council Meeling September 16, 2003 Page 16 of 25 Walker: What -- I guess the sequence of what happened was from the City Council given a list -- from the Planning and Zoning meeting we were given a list of items that we had to correct. At that point I took them to Treasure Valley Engineers and said I need help with this, it's getting a much bigger project than I was originally anticipating. I had -- I had given the plans on the 8th, which is the day we printed them, I took them down to Planning and Zoning and they said, no, you need to take them over to the City Clerk. The City Clerk stamped them on the 8th and, then, I just assume that everything had been taken care of. There were two or three items that were left off that just got -- the area of the sidewalk -- the sidewalk that we had to get drawn and I was not notified that we had any issues with them until 1 :00 o'clock this afternoon. So, yeah, I was kind of frantic trying to get this hearing to happen this evening. We -- our dealer's license is being transferred from Kuna and if that doesn't happen -- I can't force to anything happen by a certain date, I know, but we just -- we really need to have it by the end of the month 0 r we willi ose 0 ur I icense a nd we have got a number 0 f cars that would basically hang in -- De Weerd: In limbo. Walker: -- limbo that we wouldn't be able to do anything with if we lose our license from the Idaho Transportation Department and so I frantically tried to just get these couple of changes. They have had the correct plat, other than just a couple changes for, you know, since the 8th, which is eight days, so -- De Weerd: Still short of the ten. Walker: I know. I know that. De Weerd: Okay? Walker: But, yeah, if there is any way to be heard tonight -- I mean if it can't, I understand. So, I also have a memo that went and told me what I need to bring to talk about the landscape buffers, that addressed the landscape buffers. I didn't know if I -- how to distribute those or what. De Weerd: Okay. Go ahead and if you will give it to the City Clerk. Thank you, Justin. Walker: Is that it? De Weerd: Let's pass these out and see if there are any questions from Council. Powell: Madam President? De Weerd: Anna? Powell: Might I ask the applicant to describe the landscaping along the front? It does look like a swale, but it just says lawn in the center. Is it -- if you could just describe it? Meridian City Council Meeting September 16, 2003 Page 17 of 25 Walker: We talked with someone at Planning and Zoning this afternoon and he said that the swale would work, as long as we -- it's not a depression for storm water and he said as long as we -- it's only going to be about a foot to 18 inches deep and as long as it has a gradual descent and we put lawn down there, then, it would be counted as part of that landscape buffer, because it just -- it would be pretty small. There is not going to be a lot of drainage from the parking space. De Weerd: Anna, in those areas, are there not requirements for vegetation other than just lawn? Walker: We will -- Powell: Madam President, he does have other shrubs listed there. De Weerd: I guess I was only looking at this one. On this one. Powell: Madam President, regarding your first question about whether storm water could be collected in those buffers, our code is not terribly clear, because it does say storm water swales may be incorporated into the buffer. Other storm water detention and retention facilities shall not be permitted. Unfortunately, we don't have great definition to cover storm water swales versus storm water detention and retention, so this one does seem to be rather gentle and not be holding a lot of water, so it would seem to fit within the swale category and to be allowed within that street buffer. De Weerd: Okay. Are there any questions for the applicant at this point? Nary: Madam President? De Weerd: Mr. Nary. Nary: So, on this storm water swale -- I guess most -- I guess J'm mostly looking at the same -- to me, all it says is that storm water management swale in the landscape buffer. It doesn't show anything in there and the intent -- part of the intent, I guess, to me, of this buffer is just for the space division, but, actually, a visual division. Just with grass and an indentation for a swale. De Weerd: You have same -- sorry. Nary: There doesn't appear to be much visual change. I don't know. These look the same to me. I mean I don't have -- I don't have that. So, are these trees or just shrubs? Walker: Trees. The landscape code says we have to have a tree every 35 feet for frontage -- or for the landscape buffer. We have 208 feet, that would require six and a half, seven trees, and we were planned -- put eight along there. ( Meridian City Council Meeting September 16, 2003 Page 18 of 25 Nary: But it's going to be flat or depressed, but no berm. Walker: Right. There is no berm. There would be no berm and those trees and bushes will be along the outskirts of that depression or swale, because the consistency of the swale to take drain water is -- I mean there is only going to be two inches of top soil for sod to grow, basically. The rest would be drainage material. De W eerd: Any other questions? Bird: I have none. De Weerd: Okay. Thank you. Walker: Okay, one other thing. If approved -- I don't know if there is a chance for a temporary occupancy. I guess once the Findings of Facts are approved. I don't know If I can ask for that here or kind of what -- Wendy told me I needed to, so -- De Weerd: Okay. Walker: Thank you. De Weerd: Okay. Thank you. Mr. Nichols, would you be able to address that question? Nichols: Madam President, I guess, typically, Mrs. Powell's office issues those temporary CO's. Anna? Powell: I was listening, sir. Nichols: Once the findings are issued and the Conditional Use Permit is issued -- now, typically, there are conditions that have to be complied with. That conditional use has to be brought into compliance within 18 months in order for it to be effective and you issue a CO as soon as the findings are done, as long as they -- it seems to me he's got a problem in that he is wanting a temporary, so that he can start the car lot up again, but the improvements are not likely to be finished in two weeks, a week and a half. De Weerd: Anna, can you comment on that? Powell: The only temporary CO's that I'm familiar with -- usually there is some -- we issue them knowing that there is some other, for lack of a better term, stick that we can whack over your head at some later time. At this point I think we might lose it until that 18 months is over and, then, we would just be looking at revoking the Conditional Use Permit. So, I don't know that we have another opportunity, since there is no -- once the use goes in there, there would be nothing to encourage him to comply with all the conditions, so -- Meridian City Council Meeting September 16,2003 Page 19 of 25 ( De Weerd: Now, could they bond for it? Powell: Yeah. That would be a possibility and then, we would probably just issue it as not even a temporary CO, just a regular CO and we'd just hold the bond until the improvements were done. I believe that's how it works. De Weerd: Could you put time requirements on there, outside of the ordinary two months? You know, you could ask them to bond, but if -- then, also give them a time frame that those improvements would have to be made. Powell: Yeah. We could do a temporary -- a couple different ways. We could either do a temporary CO and then, say that the final would -- certificate of occupancy would be granted with the completion of the things that were bonded for. The other option might be just to add a condition of approval that they have four months to complete them and - - Mr. Nichols is looking like he's going to -- Nichols: Madam President, I don't think that four months is going to work, because he's got paving and other things that has to be done. He might get the paving done in time before the paving season is completed, but he's got landscaping improvements and other things that are very difficult to be done adequately in the winter or they are going to be like the office building next to us, the trees get put in and, then, in the springtime they come in and half the limbs are dead. So I think, probably, a temporary CO, with bonding for improvements, is sufficient incentive to get it going, because the temporary CO could be revoked more easily than a Conditional Use Permit. We will try to get the findings done this week, so that they can be on next week's meeting, but if they are not on next week's meeting, then, they are not going to get approved until October 7th. So, just so Mr. Walker understands the timing. We will do our best to try to get them done. That gives us two days to get them finished. We will try to do that, plus, we have got the dental clinic. We will have to see. I don't know exactly where Marlene's at on the stuff that is still hanging prior from the last meeting. We will see if we can get them done in time and, then, that allows findings to be on next week on the Consent Agenda and, then, a temporary CO issued before the end of the month. Powell: Madam Chair? De Weerd: Anna? Powell: Madam President, Members of the Council, one of the conditions of approval does state that a building permit needs to be obtained, so it appears -- I don't know if -- I'm a little vague on the certificates of occupancy, so I just wanted to bring it up, but if he has to get a building permit, I think that would have to be some sort of performance on that building permit before he can get an occupancy, temporary or otherwise. Nichols: Madam President? De Weerd: Mr. Nichols. ,. \. Meridian City Council Meeting September 16, 2003 Page 20 of 25 Nichols: But he would be able to get a certificate of zoning compliance with regard to his use. Not necessarily the structure. Powell: Correct. On the certificate of zoning compliance we just look at the arrangements of use of the plans and he would go forward from there. De Weerd: S 0, Mr. Walker, have wet otally confused you yet 0 r - - maybe they can explain it after the hearing. Bird: Madam President? De Weerd: Mr. Bird. Bird: Now, I have got a question. If he's got to get a building permit, he can't -- he's got to get that building permit and everything before he can have a temporary occupancy. I mean he can get a zoning compliance, but the temporary occupancy, if he's got a building permit, you have to have some inspections and stuff completed and -- I mean all that temporary is doing is if he's got a problem with one of the inspections or something, to give him that to get it fixed, so -- is he putting up a new building? Why does he have to get a building permit, then? De Weerd: I think maybe we will -- Walker: That's my question. I don't know anything about a building permit that's needed. De Weerd: So, you're not doing anything to the building itself? Walker: No, we are not. De Weerd: Okay. Nary: You're not remodeling or anything? Walker: Unless we need a building permit to lay some asphalt. Nichols: Madam President, Members of the Council, if you're converting a house, which is a residential use, to a commercial -- De Weerd: It was a podiatry building. Nichols: It was a podiatry building? De Weerd: Uh-huh. Meridian City Council Meeting September 16, 2003 Page 21 of 25 Nichols: Is it ADA compliant? Walker: Yes, it is. Bird: He has to have a permit to lay down asphalt, doesn't he? Walker: I don't know. De Weerd: Mr. Freckleton. Freckleton: Madam President, Members of the Council, just sitting here thinking about this, is the building up to code? Does it meet all of the building codes? Walker: We are using it right now with a -- the permit or the Conditional Use Permit under -- as it was a Boise Podiatry building, so -- I mean it's got ADA accessibility. I would imagine, yeah, I think we are using it now under that. Freckleton: You're not doing any interior wall modifications or-- Walker: No. Freckleton: Okay. Powell: Madam President, Members of the Council, I think I figured it out. The building permit is for the fence, a six foot cedar privacy fence. There is a specific condition of approval that says no expansion or new construction on the subject property will be allowed unless sanitary sewer is brought to the site by the applicant, this property currently is not served by sewer. One of the conditions of approval, that is, before any other development goes on the property, that they will have to hook up to sewer service, so -- Bird: Madam President? De Weerd: Mr. Bird. Bird: Anna, you say it's a fence permit is what he needs, not a building permit? Powell: You are required to get a building permit for fences. Bird: Yeah. But it's not a -- Powell: It's a fence permit. Bird: It's a fence permit. Okay. That's clears my head. I understand now. Meridian City Council Meeting September 16, 2003 Page 22 of 25 De Weerd: And that condition about running sewer out to the building would be something a little bit more, complex than a fence or laying asphalt, would it not? Freckleton: Madam President, members of the Council. The applicant's big plan is for some future buildings down the road. Public Works Department doesn't have a problem with him running the current building off of the existing septic system. Could you go back to that aerial? The existing sewer is in a stub at this location right here. It's going to have to come all the way across Morgan's property to be able to provide service up to the lot. You know, it's economically unfeasible for him to do that and we don't have any plan on Morgan's property right now to try and get in the right place. So, as small of an operation as he is proposing, it's going to be fine off the existing septic. So, that's why we placed the condition on it that any future development or expansion would require the extension of that sewer. De Weerd: Okay. Okay. Well, this is a Public Hearing. Is there any other member that would like to provide testimony on this application? Okay. Does the applicant have any further comments? Okay. Are you -- I think we are more clear on what you need to do. How about you? Walker: Yes. De Weerd: Okay. Thank you. Council, any other questions before we close the Public Hearing? Bird: I have none. De Weerd: Okay. I would entertain a motion. Bird: So moved. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Any discussion? Mr. Nary, do you have a motion? Nary: Sure. Madam President, I would move that we approve CUP 03-037, request for a Conditional Use Permit to move older home used as office space, pave portion the adjacent lot, use as dealership for used automobiles in a C-G zone for O.P.M. Enterprises by O.P.M. Enterprises at 1 065 East Fairview Avenue, to include all staff comments, including the letter that was received today regarding the fence at the rear of the south property line, for -- to include all staff comments, as well as comments by the (' Meridian City Council Meeting September 16, 2003 Page 23 of 25 applicant this evening and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order and as quick as reasonably possible. Bird: Second. Powell: Madam President? I'm sorry. Did you reference the date of the site plan? Nary: I did not. I'm sorry. Yeah, and the site plan that we reviewed dated 9/8/2003. De Weerd: Okay, and would that be to include bonding for improvements? Nary: I don't know that we normally even include that, but we can certainly include in there that t hey a re allowed to bond for t he necessary improvements pursuant tot he Public Works and Planning and Zoning Department approval. De Weerd: Okay. Okay. Well, it's been moved and seconded to approve CUP 03-037, with staff comments and applicant's comments. Any further discussion? Okay. Mr. Clerk. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Powell: Madam President, before you move onto the next item, I did want to mention that the coffee kiosk applicant has arrived and he is in agreement with the conditions of approval. He didn't count on our speedy agenda tonight, so -- De Weerd: Well, you have been approved, so thank you for joining us. Bird: He hasn't seen the recommendations we have put there. De Weerd: Oh, yes. We didn't tell you that you were approved with all kinds of conditions. Nary: Thanks for the new sign, Welcome to Meridian. Item 13: Water, Sewer and Trash Delinquencies: De Weerd: Okay. Item 13 is water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 p.m., Tuesday, September 17th, 2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by the city that your water, sewer, and trash bill is delinquent. You may retain council. Your service will be discontinued on September 17th and or September 24th, 2003, unless payment Meridian City Council Meeting September 16, 2003 Page 24 of 25 is received in full. Is there anyone present who wishes to contest his or her water, sewer, or trash delinquency? Okay. They are hereby informed that they may appeal and 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 $45,854.61. Bird: Madam President? De Weerd: Mr. Bird. Bird: One deal when you were reading there] you said September 17th, but on the third item down that should be September 16th, 2003. That's tonight. De Weerd: Okay. Thank you, Mr. Bird. Bird: With that, if there is no more discussion, I would move that we approve the delinquency for turn off in the amount of $45,854.61 and if they are not paid, water will be discontinued on September 17th and or September 24th] 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the delinquency turn off scheduled for September 17th and or September 24lh, Is there any further discussion? Do we do roll call on this? Bird : Yes. Roll Call: McCandless, absent; Nary, yea; Bird, yea. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Okay. Well, Council, this is pretty exciting. It's 8:00 o'clock and we are at the end of our agenda. I think we need to do this more often. Okay. I would entertain a motion to adjourn. Bird: So moved. Nary: Second. De Weerd: Well, before I let you off early, under discussion, there is an item about the Ten Mile Interchange in front of ITD on Thursday at 2:30. I see that Councilman Nary will not be able to attend and I think you're going on vacation, is that correct? Bird: No, I'm not going until Friday. j]m going to try to attend, but I don't know. I'm not going until Friday, though. Meridian City Council Meeting September 16, 2003 Page 25 of 25 De Weerd: Okay. Well, I would assume that supporting the applicants that are there to testify in front of [TO on the importance of Ten Mile would be very helpful, so those of you that can join us, please, feel free to do so and with that. I will call for the question and all those in favor of adjournment, please, say aye. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Meeting closed at 8:04. MEETING ADJOURNED AT 8:04 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ , tt'.e. W~d-( pr~/I'd~ C/"J WWl.. c.., 2.- \\,,\l1111111/1/ \\\ f ~Il'" il/ ,....\\\u 0 n;.cf?l^ 11/1/ ,.... :"\""\ V&. /..... .$" c} or\P01l',<j 1: f..b \. ::: ~c; Co -;:;. ~ ~ ~ ~ ~ ; ~ /~ I 7 I tJ3 DATE APPROVED 7a~ ATTEST: 7. & c.Q >$> ::: % "10 USr 15\ . ..:z:.O / '%;.. ....., ^ \Q"?' ,,':::- /11 ~"DU"'JT-..r ' "... 1111;. r .' .\\\\ /ilft/Ii 111\\11' ( September 11, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 16,2003 ITEM NO. 3-ft REQUEST Approve minutes of September 2, 2003 Pre-Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: wrF~ Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 2, 2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Discussion of Water Service and Dry Line Sewer for Westborough Subdivision: Approve Extension of Water Service (15 minutes*) 4. Update I Discussion on Application Fees for Silverstone Project: (10 minutes*) Approve Negotiated Fee *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Mcridi~n City Council Agenda - September 2, 2003 Page] or I All materials prescntcd 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 Oftiee at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Co~ncil Meeting September 2, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, September 2,2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Cherie McCandless, Bill Nary, and Keith Bird. Others Present: Bill Nichols, Gary Smith, Kenny Bowers, Anna Powell, Doug Strong, Brad Hawkins-Clark, Reta Cunningham, Diane Stewart, Stacy Kilchenmann and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: I will open the Pre- Council Meeting on Tuesday September 2, 2003 at 6:30 P.M. in the City Council Chambers. I would ask the City Clerk to do roll call attendance please. Item 2. Adoption of the Agenda: Corrie: The second item is adoption of the agenda. We have two items on the agenda. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we adopt the agenda as printed. Bird: Second. Corrie: Okay. Motion has been made and second to adopt the agenda as printed. Any further discussion? Hearing none. All those in favor say aye. Opposed no? All ayes, motion carried. Item 3. Discussion of Water Service and Dry Line Sewer for Westborough Subdivision: Corrie: Therefore Item Number 3 will be the discussion of water service and dry line sewer for Westborough Subdivision. Brad. Meridian City Pre-Council Meeting September 2, 2003 Page 2 of 15 Watson: Thank you Mr. Mayor and Council Members. Where do we begin on this one? We met wifh you in June to talk about provision of water service to a county subdivision called Westborough. It is on the southwest corner of Chinden and Locust Grove Road. There was quite a bit of discussion there that night amongst staff and Mr. Jewett, who is also here tonight. The instruction that I believe Council gave us at that meeting was that we would go back and figure out who was paying for what and who was constructing what. Several months went by and several different plans came through and we have reviewed Mr. Jewett's plans as well as the high school academy that is going in up there. We haven't approved anything. We haven't approved Westborough Sub yet pending your approval of providing water service to those five residential lots and one commercial lot. Mr. Jewett wrote a letter dated August 15th addressed to the City Clerk, I believe that's in your packets. In a nutshell it looks like Gold Creek Developers agrees to construct water line from the west side of the academy high school to and through their subdivision. Also contemplated in that letter is a purchase of a well lot for $30,000 that the city would build a well on. The third issue is whether to require dry line sewer for the five residential lots and one commercial lot. I feel like I'm leaving some information out so please feel free to ask me any questions. Mr. Jewett is here, he can either verify or deny what I've said or if there are any changes from that letter he wrote from August 15th. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Brad how big is this lot for $30,000. Is it an acre or what? Watson: Council member Bird, Mayor and Council Members. I don't believe it's a full acre I think its closer to a half acre. Bird: Do you have to have a well lot in there? Watson: Our water master plan designates a well in that general vicinity. Bird: But not right in this Jericho Sub? That seems like a lot of money to me for an undeveloped lot. Watson: Actually the Comprehensive Plan, which does incorporate our future wells, does show it within these 40 acres. We don't have to have them right where those dots are. They are sort of like the parks, they float a little bit but in that area of town we would need one. There's one, I don't know if it's a pertinent issue or not. You had previously approved providing water and sewer service to the Valley Life Community Church and the academy high school on north Locust Grove. We proceeded with that project with the design of that project and bided I Meridian City Pre-Council Meeting September 2,2003 Page 3 of 15 think in April. Bitterroot Construction I think was awarded the contract and they are unable to get the road closure permits that they thought they needed at that time. There was quite a scenario of events pertaining to construction and road closures in the north Meridian area over the summer that it didn't quite turn out the way we all originally thought in April and May. Regardless they have requested at this point to be let out of their contract because of this ongoing issue of not being able to get into the road to construct the water and sewer they took on other work and they've indicated that they can't begin the project until mid October I believe, mid to late October. They've also asked to be let out of their contract by the way. Corrie: Okay any questions of Brad. Thank you. Jewett: I'm Jim Jewett. 408 South Eagle Road in Eagle. What Brad has stated is true. As far as the well lot, you know Brad asked me to just mention it in the letter in case the Council was interested in it. If you are not interested in it you are not in anyway obligated to buy it. We were required to plat it because it's on the Comprehensive Plan. We did there it is, if you need it five years from now call us and we will go from there but I'm just putting it on that letter so that you would have some information as far as what we would sell it for. We are trying to get this all wrapped up to finish the Westborough plat so we can conclude our trade with the school district so they can begin construction of the school, they are ready to go. We need to have a yea or a nay on this water extension we would reap to pay for the extension. We just need to get it done so we can record the plat. The plats are ready to go we just need a letter from Public Works here approving the plat and approving whether or not we go (inaudible) the water and the dry line sewer. I'll stand for any questions. Corrie: Council. Bird: I have none. Corrie: Okay. It doesn't sound like there is much conversation going on here. I believe that the city wanted to put in water and sewer at the same time but the ACHD said no to the closure correct. Watson: Mr. Mayor that's correct. They could have from what I understand and have been told they could have gotten a permit to construct not with road closure but with flagger's that wasn't contemplated in the original contract. Consequently, there would have been quite a bit of an increase in price. We just kept hoping that we would get that road closure. There were some delays on some other projects and Linder Road that were unanticipated had to do with the school project and a couple subdivisions over there. We kept thinking we were going to get to it any day or any week and it just never panned out that way. The only other thing that I might mention that we do on all of these county subdivision or county properties that do get water and sewer service is if that is approved we Meridian City Pre-Council Meeting September 2,2003 Page 4 of 15 have been requiring a consent to annexation agreement. Once they are contiguous, they would be annexed. Corrie: Is that the situation here? They do or they don't or what. Watson: It hasn't really been discussed a whole lot to tell you the truth. Every county parcel or project that comes through over the last year or two we have been requiring this consent to annex just like with Vienna Woods, Edinburgh, a handful of small parcels. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Brad in looking at the minutes from the last meeting I guess the discussion we sort of resolved most of the issue from the last discussion and I guess to follow up on Council member Bird's question. I mean on this well lot thing I mean is it necessary to purchase this well lot. $30,000 seems like a lot for a half an acre. I can't tell from what you have said or what we have is whether or not it's really necessary at this time to have that well lot there or whether or not we think that's a good deal but other then that it seems like everything else we talked about the last time has been resolved. Who is going to pay for the extension and all that stuff? I sense you were looking for some direction on that piece but maybe I just misread that. Watson: Council member Nary, Mayor and Council members. We need a well in that vicinity. Whether we can get one for no cost donated as we do with almost every other well remains to be seen. There are some other parcels in that area that is undeveloped. We don't need it today, probably don't need it in 12 months but within the next two to three years maybe four we will need a well up there. When I spoke with Mr. Jewett several weeks ago when we were discussing this and the price, up until that day we had never paid for a well lot they have always been donated of course that night we did pay for a well lot. Nary: Grudgingly, very grudgingly. Corrie: Any more words of wisdom for Mr. Jewett. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Brad I'm like Councilman Nary. All of our questions got answered except then we don't need this lot. $ 30,000 for a lot if there's area out there right now. We would be much smarter to go buy from one of the farmers an acre ourselves Meridian City Pre-Council Meeting September 2, 2003 Page 5 of 15 and there are a lot out there I would think for a lot less price and get an acre of ground. All of our que-stions have been answered I feel that we had asked for. Corrie: Any- De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess I have a question for Mr. Jewett. Is this a pre development cost or this must be - how did you arrive at the $30,000. I can't imagine you spent $60,000 an acre up there when there is no water or sewer. Jewett: No we didn't spend $60,000 an acre. How I came up with it I just basically just chose a number. I mean there wasn't any mathematics to it, there wasn't any rhyme or reason I just thought that would be appropriate. I take that back there was I did sell well lot (inaudible) water and that's what I sold it to them for was $30,000 and that was a couple years ago. You know I understand for the most part the city's been donated lots through a subdivision and when you do a subdivision the developers getting something for what he is giving. In this case we came through with the original subdivision with 70 something lots we were offering a well lot and we didn't get that and we ended up with this and this is kind of what we've put on as a value on that and we think its fair and it has everything the city needs right there. It has three-phase power, its location is right on Locust Grove, and it has an area to discharge for its overflows. It has everything it needs for a well lot. You don't have to wait for another subdivision to come through with enough volume where they are going to offer a well lot. There is some open parcels there but they are all at this current time deed restricted anywhere close to this, this is in my opinion one of the only locations you are going to find has everything you need to be able to develop that. I guess I don't know how you would carve off an acre off of some farmers property without subdividing like we did and that's how we were able to create it is through the subdivision process. There is no mathematics that's kind of the number I put on it based on other information I had. The city wants it and they want to offer less I can take it to my partners and see what they want to do but I guess you guys need to determine if you want it or not because I only platted it there because I was required to as part of my conditions of approval. I mean it can go for any other type of utility. It can go for substations, telephone exchanges anything else that has to do with public utility. At some point of none of those uses there I can re-plat it to something else and I'm not trying to force it on the city it really doesn't matter to me. De Weerd: But in order to develop part of your parcel with the school they need water and sewer right? Meridian City Pre-Council Meeting September 2,2003 Page 6 of 15 Jewett: Yeah but the~(ve already been granted water and sewer by this Council so they don't need the well. The well is for the future its not for today. I don't think it was ever anticipated being needed now. I wish I could donate it, I wish I had enough coming out of that parcel of land that I could donate it but it's just not in the cards. De Weerd: But you just kind of pulled a figure out of the air? Jewett: Basically yes. Other then what I did put in my letter is if appraisal comes in at less we would abide by an appraisal. You know if - De Weerd: I thought I saw an appraisal less a donation and so - Jewett: Right because we feel like it would probably appraise for almost twice that value. Again, that would be subject to a third parties opinion not mine. If an appraiser came in and said it was worth $10,000 then that's what its worth. The land out there, I don't think anything that I've seen lately has sold for much less then about $42,000 an acre. Even if you could buy an acre from somebody I don't think you can get it - because that's the going price out there in north Meridian right now it's $42,000 an acre and climbing. De Weerd: Half of that is $21,000. Jewett: Yeah but that would be for a raw piece of ground - I mean this has everything you need right there. It has an area where you can discharge for blowing off water and it also has your three-phase power. You have no other off site costs. Then the water line is going to be right there so to tie into your existing system is minimal costs. I think that needs to be weighed at this particular site when you go to buy a site. How much is - I think your staff could tell you that Idaho Power to extend three phases anywhere is a lot of money. You got it right here on this site. You've got access to your water main, you've got access to power required power and you got access to a discharge where it would blow off your system. The same side I sold United Water had the same features on it. It had three-phase power to it, it had access on to public road, and access to the water main and it had a discharge ditch. I think its very comparable to what I have sold in the past and it's been four years ago I sold that to United Water. De Weerd: Well I'd like to think there is a difference between United Water and us. We are not a for profit and we don't pass those costs on to our clients or our users. Jewett: And that is true they are for profit and the city isn't. Meridian City Pre-Council Meeting September 2,2003 Page 7 of 15 Corrie: Anything else? Any further discussion or anything you want to (inaudible) on this "one? Thank you. Next is update on the discussion on application fees for Silverstone project. Nary: I guess Brad wants to know what to do. Watson: I'm sorry I just need to understand. The Council has to since it's in the county the Council either needs to approve or deny water service to this subdivision so I can write my service ability or will serve letter to Ada County. There's the water issue and there's dry line sewer as well. This is at the very very upper reach of this service area so Mr. Jewett has agreed to at least stub in services to each house so that eventually if the sewer does come he can connect to it rather then building the full dry line main in Jericho Road. That's what Ada County was looking for from me in order to process the Westborough plat for Mr. Jewett. Do we provide water service to him, one? Two, do we require dry line sewer? Corrie: Okay what is the Council's desire here. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: It seems to me like it's pretty clear. I guess the only issue that we are kind of wrestling with is this well lot. It doesn't sound like we have to have it today. I guess it sounds like something that we could continue to explore. Mr. Jewett it doesn't sound like we are necessarily foreclosed that we opt not to do that today but if that discussion wants to be had or has you search the market there in that area and find that this is still the most likely spot for that then I guess we can deal with that at the juncture. Really, I don't think there is any other real issue on the table. I think extending the water makes sense. I think you've covered all the basis we asked. I think the water and the dry line sewer makes sense. That's what we kind of thought where we would be and I think we got that resolved and we will deal with the well lot later if you need it or how that wants to get taken care of in the future. Is that okay if we don't mess with the well lot issue today? It seems like a lot of money but again I don't know the market. Maybe Mr. Jewett's right and that's probably fair I have no idea. Watson: Councilman Nary I think that's fair, that's fine. We can continue to explore that. Nary: It doesn't sound like the house is going to be built on this property so it'll still be there for a while. We can probably address that further in the future. Watson: Correct. Meridian City Pre-Council Meeting September 2, 2003 Page 8 of 15 Nary: Mr. Jewett will want something I'm sure. Do you need a motion for us to agree to extend the sewer pursuant to all of our other prior conditions about consent to annex and (inaudible). Watson: To provide water service to Westborough Subdivision and whether or not to provide the dry line sewer. He is proposing not to provide the dry line sewer. Nary: I think we need to do both. Corrie: I think do too. Nary: I think we have to have to have both. Jewett: To put the water line in we have to take out half of Jericho to put the water line to keep the sewer in the proper corridor we'd have to tear out the other half of the road which is just not a burden of digging out another trench we are tearing out another half of road and we don't know the grades. Like I say its on the far end of that so what I propose was stubbing the sewer service across the area where we are digging the road up so the houses have service to that corridor but leaving it at that we have no idea what to set the grades at and to have us dig up a whole side of a road I think is a great burden. If it was in the same corridor or the same side of the road where we were already digging up that's one thing, but to ask us to dig up another half of a road to put in a sewer that may be at the right grade or may not be at the right grade. We have already designed and we've provided them a design where the sewer services come across the water line and get into that corridor as high as possible he can set it. Hopefully if it's as high as possible hopefully the sewer would be lower then that. Other then that I don't know. I just think its going to change our project considerably we would have to go back and try to redesign and tear up the rest of Jericho and its just an added burden of costs that I don't think is wanted at this time. There's all the houses on the other end of the street that would have to have sewer services dig the road up now to put - I thought we had agreed with Brad that we would just put the services in and exclude the dry line sewer itself. Nary: I guess that's not maybe what I heard Mr. Watson say. Maybe did 1- Watson: Mr. Mayor and Council members. I don't think I really said one way or the other to clearly. Mr. Jewett has a valid point. This is at the very, very top end of a sewer lateral that goes up and touches Chinden. I don't know where to set it for sure other then it would be some light guess work and just setting it as shallow as we possibly can and trying to run it down hill. If those houses and that one commercial business ever do need sewer they'll probably have to form a LID but its not going through that project to anywhere else. The future burden of providing that sewer will be on his lots. Meridian City Pre-Council Meeting September 2, 2003 Page 9 of 15 Bird: Mr. Mayor. WheTe is the sewer coming from for the school? Watson: Council member Bird. It comes up Locust Grove Road and it just barely has enough depth to bring it back to the east. Everything from about an eighth of a mile west of Locust Grove falls off to the west towards the North Slough trunk that will be building next year. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So what we are doing is placing the burden on future homeowners and they don't know what that future burden will be? Watson: Council Member de Weerd. That's right There can certainly be a note on the plat that says something about future sanitary sewer service from the City of Meridian but as plat notes go that's not a huge warning they obviously won't know the costs involved. De Weerd: I mean have we done this before? I know any discussion we've had about subdivisions have always included the dry line. Watson: Perhaps Gary could talk to that I don't remember any dry line sewer being installed since I've been here but Corrie: Gary do you have any recollection of that? Smith: Mr. Mayor and Council. The times that dry line sewer has come up the proposed developments have been way outside of our existing developed sewer area. We just waived that requirement because we just didn't know any elevations to set those sewer lines at for a dry line. That's the biggest problem. You certainly don't want to end up with a situation where you have a lift station out there to serve dry line that's been installed too deep. In this case its on the upper end of the reach of the sewer lateral and the only thing you can say from that is that you need to put it in as high as possible as far as elevation goes. Just minimal cover but still you don't know until you start - until you have an alignment to work with and the only time you have an alignment to work with is when you've got a trunk line that's designed and a route to go from the trunk line to the development In answer to your question, I don't recall requiring any dry lines to be installed just because of the elevation concerns not knowing how deep to build the sewer. De Weerd: I guess these were reasons of our recommendations for denial and this development was one of those, correct in the original state? Smith: Yes. Meridian City Pre-Council Meeting September 2, 2003 Page 10 of 15 De Weerd: Is because of these challenges. I'm hearing you say that you don't need the dry line requirement in there? Smith: Weill guess it's a situation where we don't know where to put it vertically. If it's not in the right location vertically then it could create a problem in the future for the property owners. In this particular case like I said it's on the upper end of sewer lateral. You know your guess would be that if you built it to a minimum cover it would be high enough to drain into a future lateral that would come off the north slough trunk. Again, it's just a guess and it's an expense that we are asking the developer to incur on the basis of a best guess. It's difficult to say well build a dry line because we know what the elevations are, if we knew what the elevations were I wouldn't hesitate to say a dry line needs to be built because that's what our ordinance says needs to happen. I guess we're not very supportive of building a dry line just because we don't know where it needs to go vertically. De Weerd: Okay but that's what our ordinance says. Smith: That's my understanding. De Weerd: Well what a quandary. Bird: What's new? Smith: As I understand it that condition can be waived. Jewett: If I may. The property due west of us on Jericho is several ten acres and five-acre parcels with larger parcels behind that. You would think at some point when the north slough comes through they will develop a path of direction which the sewer main will come. I don't think that these future property owners are going to be burdened with a major extension that will have to come to service those other large parcels and then all these other if they hook in we will just have to pay their hook up fees or latecomers fees as it may be. I think some other developer in the future is going to drive that, not these five one-acre lots. If the retaining parcel that we are going to retain on Chinden Boulevard for commercial in the future, if we drive it then we pay for it because we are the last parcels on that line. It's either going to be burdened by this developer or some other developer in the future, I don't think that these individual property owners are going to be burdened other than a hook up fee or some latecomers fee whenever it does get there. By putting the sewer services over to that corridor then I think we've eliminated having to cut their road, dig their roads up. We've already accommodated and their septics will be designed to easily switch over to those services. I think that from our point we've done everything we can to accommodate the future connection to not burden those homeowners, there is parcels that can develop. I wish I could just build it and hook into the sewer, but t.. Meridian City Pre-Council Meeting September 2, 2003 Page 11 of 15 that just isn't going to_ work like I said it just doesn't float that way. I know the north slough is going to move forward -- I don't know the speed, I don't know how our economy is going to go. So we could put a dry line sewer in there and it could sit ten years and I've heard people tell me that pipes sitting in the ground with no water in it is not good for that long. I know of other projects of mine in the past that previous Council has waived the requirement of dry line sewers on several occasions. Corrie: Well Council you can go one of three ways. You can have him put in the water and the dry lines. Or you can put in the water without the dry lines or you can - I think the well situation has been taken care of. You have the capacity to not have the dry lines put in. In between a rock and hard place. Bird: Mr. Nary had a motion going. Nary: I guess Mr. Mayor what I would move is that we do extend the water service to the Westborough Subdivision pursuant to the policies and practices we've had in requiring the consent to annex to those. Also to not extend the dry line sewer at this time but that the developer will provide the stubs to - is this Locust Grove or Jericho? Is it Locust Grove where the stubs are to or Jericho? Okay. That he will provide the stubs to Jericho for future connection to sewer when it's extended in that area. I think that covers the two concerns doesn't it? Bird: Second. Corrie: Okay motion has been made and seconded. Any further discussion? Hearing none. All those in favor of the motion say aye. Opposed no? Okay Jim. Thank you. Item 4. Update I Discussion on Application Fees for Silverstone Project: Corrie: Application fees for Silverstone Project. Let's hear that Anna. Powell: Mr. Mayor, members of the Council. The Silverstone came to you and asked for a waiver of their $40,000 application fee for the planned development. You asked me at that time, to do a little more research on the fee structuring when it had changed or more appropriate or the more germane question was what was the appropriate fee. I had a limited amount of information available to me so I've provided that to you. If I start first with the one that says Planning and Zoning fees paid October 1, 2002 through August 18, 2003 that gives you an idea of the combined total of the application fee. Like Paramount for the annexation request the PD the Preliminary Plat was $23,868. That's just the magnitude of the fees but those are combined fees. The Accounting Department doesn't keep track of just PD fees paid just annexation fees paid for the project. They take in the fee for the whole project and that's what's reported before you. I Meridian City Pre-Council Meeting September 2, 2003 Page 12 of 15 couldn't get a lot of de~ailed information on that without doing a whole lot of work which I didn't think you really wanted me to do that much work. Just kind of giving you a brief shot of what I had available. The other document I provided you is just a quick analysis of the applications we've taken in this year. It's January 151 of this year through the 15th. I've looked at the number of applications and then just a general idea of how difficult they are like a preliminary plat is twice as hard as a final plat which is twice as hard as a sign application which is twice as hard as a accessory use permit. It's just a real general waiting factor there, nothing scientific by any means. We don't keep track of how many hours we spend on individual projects we just don't have any record keeping so this was kind of just a gut reaction. If you are just looking at our personnel costs. What we would need to cover our personnel costs from applications we'd need to have an average application fee of around $780 for - so that would be like for a Final Plat. A Preliminary Plat would be closer to $1,500. If you wanted to cover all the costs of the Planning Department, your total average cost for a Preliminary Plat or for a Planned Development would need to be about $2,600. Again these are just real rough estimates and that's why I wanted to give you a range to look at there between the personnel costs and covering all costs. Silverstone had offered to pay $3,932.85 given the size of the project. The 80-acre size compared to a lot of the other projects that went through, it would seem to be reasonable. I do think there's a flaw in the fee structure regarding these commercial Planned Developments. The per square foot costs just adds up far to quickly for those - the 480 base fee seems to be reasonable if you are just looking at covering personnel costs versus total costs for the department. The other cost really its just that looking at the site design for the PD and considering the uses, so probably a per acre fee would be more appropriate for rather the a per square foot fee because we do just have to evaluate the parking and the layout and the number of parking stalls and things like that. There's a $15 an acre fee that's currently in the fee structure for annexation that would seem to be appropriate either $15 or $20 per acre. It would seem to be a more appropriate way to go for these commercial applications if we are trying to cover at least the personnel costs. Those costs that I did is just for Planning and Zoning Department, it doesn't acknowledge the fact that the Clerk's Department spends an awful lot of time on these applications as well. That's what I looked at. If you have questions I would be happy to answer them. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess I don't really have a question. I'm comfortable with the methodology that you used. It appears to me what Silverstone is asking is if they just pay the straight fee as it would be calculated by our ordinance it would be twice as much as the application fee for the Paramount Subdivision which to them doesn't make much sense and really doesn't to me either. I guess what I'm Meridian City Pre-Council Meeting September 2, 2003 Page 13 of 15 comfortable with whe~her they are or not I guess I don't care. I think that I'm comfortable in you negotiating something less than that based on the methodology that you've come up with and memorialize that in some fashion because obviously until we actually change the ordinance and at least with all these fee ones I'm sure as you know it's a lot of time and effort and discussion with the different affected parties and people who have some real stake in what those fees are and how they are calculated. It's up to whatever the rest of the Council says but I don't have a problem in us granting you authority to negotiated something less then the fee as outlined in that and if that can't be reached then coming and telling us what that is and if that can't be reached then like what Mr. Watson's did in this issue with Westborough we can certainly come and discuss it again. I don't know that we need to decide on a fee. I think we are deciding more on the methodology that you feel is appropriate and I think what you have come up with is appropriate so. Corrie: I would agree. Bird: I would agree. McCandless: I would agree. Powell: Mr. Mayor, Members of the Council. I would feel most comfortable having you decide the fee because that's the way the ordinance is written right now and then I would put forward. a resolution to change that part of the fee structure so that we are on a consistent basis. I think what they have offered as far as the $3,900 would be in line with what everybody else has been paying. The actual methodology I suggested to you would knock that lower that would be honest with that. I would feel - I think that their offer is in line when you consider that they've also paid application fees for preliminary plat and a rezone and an annexation. Its very similar to some of the other ones that have been paid and since that's what they've offered I think it would seem appropriate just to accept their offer at this point and then go through the hearing process to amended the fee schedule. Corrie: We are talking about a $3932.35? Powell: Yes sir. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would agree with Anna on that for this project. Let's do it and then let's get down on the fee structure and take on as recommendations and stuff and let's get that ordinance changed so we are not having this come up before us all the time. Councilman Nary was 100 percent right, you know we are asking them Meridian City Pre-Council Meeting September 2, 2003 Page 14of15 for double the fees of _what one big development got for their fee so I would like to go that way. Let's just go with their offer on the fees for this one and then let's get into the fee structure and get it taken care of so you are not having to do this all the time Anna. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor just a suggestion to Anna. With the park impact fee issues we found it very helpful to involve the Finance Department in calculation of the fees and all that how that works. I think you have to build into the fee structure some of the other incidental costs such as the Clerk's Office. A portion of the civil legal services is budgeted out of the Planning and Zoning Department I believe because that's where a lot of the work is. All those costs need to be considered and I think in fairness to those that pay and those that have to assess the fees that use the Finance Department to get there will be very helpful in coming up with a good supportable number when we go to those constituencies that have to pay those fees. De Weerd: Mr. Mayor. Corrie: Mr. de Weerd. De Weerd: I think we are all in agreement on this particular application and I appreciate what our attorney has added. I would appreciate it - I think a fee structure was proposed to the various people they are impacted - that's impacted by these. With the SeA and AGC so I would like to see you work with them as well. Powell: Of course. De Weerd: As you are looking at that. Powell: Actually I'm speaking to them in October so if I could meet with Stacy and come up with something before then I can present that at their meeting. Okay thanks. Corrie: Anything else? Nary: Did you need a motion? Corrie: Did you need a motion or did you just want to do that? Powell: I don't know if it needs - Meridian City Pre-Council Meeting September 2,2003 Page 15 of 15 Nichols: Mr. Mayor," M_embers of the Council I think a motion would be in order. Bird: Mr. Mayor. Corrie: Okay. Mr. Bird. Bird: I move that we approve the fee structure that Anna and Silverstone worked out for this existing application. Nary: Second. Corrie: Okay motion has been made and seconded to go with the fee that was worked out with this applicant. We are talking about $3932.85. Motion made and seconded. Any further discussion? That wraps up the Pre-Council Meeting so I will entertain a motion to close the Pre-Council. De Weerd: So moved. McCandless: Second. Corrie: Motion made and second to close the Pre-Council Meeting. All those in favor say aye. Opposed no? Motion carried. Pre-Council closed at 7:15 P.M. MOTION CARRIED: ALL AYES Corrie: Hearing none all those in favor of the motion say aye. Opposed no? All ayes. MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: q lib /()} DATE ESTED: WILLIAM G. BERG, JR., September 11, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 16, 2003 ITEM NO. 3-B REQUEST Approve minutes of September 2, 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: ovrr~ Contacted: Emafled: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the ClIy of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of August 19, 2003 Pre-Council Meeting: Approve B. Approve minutes of August 26, 2003 Pre-Council Meeting: Approve C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: Approve D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by HiUview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Approve E. Sewer and Water Main Easements for Meridian School District Bus Facility: Approve F. Sewer and Water Main Easements for Cobre Basin Subdivision No.1: Approve G. Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe: Approve Meridian City Council Agenda - September 2, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Agreement for Professional Services for Sewer Master Plan Update.- JUB Engineers: Approve I. Approve Bills: Approve 4. Department Reports: 1. Fire Department: A. Discussion of Lease with Meridian School District: 5. (Items Moved from Consent Agenda) 6. Ordinance No. 03-1040 AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Approve 7. FP 03~045 Request for Final Plat approval of 37 building lots and 1 other lot on 10.66 acres in a R-8 (PO) zone for Quenzer Commons Subdivision No.4 by Brighton Development Company, LLC - west of North Locust Grove and north of East Ustick Road: Approve 8. FP 03-046 Request for Final Plat approval of 31 building lots and 2 other lots on 10.49 acres in an R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: Approve 9. Continued Public Hearing from August 5,2003: VAC 03-003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Engineers - north of East Overland Road approximately one-half mile west of South Eagle Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 10. Continued Public Hearing from August 12, 2003: AZ 03-009 Request for annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 11. Continued Public Hearing from August 12, 2003: PP 03-010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres in proposed R-15(PD) and C-N zones for proposed The Courtyards Meridian City Council Agcnda - September 2, 2003 Page 2 of 4 All I1lJlterials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. at Ten Mile by Doug Campbell / Tom Bevan I DTE Developers - southeast comer of North Ten Mile Road and West Pine Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 12. Continued Public Hearing from August 12, 2003: CUP 03-020 Request for a Conditional Use Permit for attached single-family residential with commercial in proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell / Tom Bevan I DTE Developers - southeast comer of North Ten Mile Road and West Pine Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: TCU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in an L-O zone for Sunshine Academv - 737 North Linder Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: CUP 03-033 Request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental by Millenium Dental- south of East Overland Road on South Millenium Way: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a martial arts / self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: Re-notice Public Hearing 16. Public Hearing: PP 03-021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: Continue Public Hearing to September 9, 2003 17. Public Hearing: AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: PP 03-018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments- southeast comer of East Overland Road and South Eagle Road: Meridian City Council Agenda - September 2, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 20. Ordinance No. 03-1041 J 2004 Fiscal Year Budget: Approve Annual Appropriation of 2003 Meridian City Council Agenda ~ September 2, 2003 Page 4 of 4 A11l1lJlterials presented at public meetings shaU become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( Meridian City Council MeetinQ September 2,2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, September 2, 2003, by Mayor Robert Corrie. Members Present: Mayor, Robert Corrie, William Nary, Keith Bird, Tammy de Weerd, and Cherie McCandless. Others Present: Bill Nichols, Will Berg, Anna Powell, Gary Smith, Brad Watson, and Dean Willis. Item 1. Roll Call Attendance: x X Tammy de Weerd Cherie McCandless X X X Robert Corrie Bill Nary Keith Bird Corrie: We will open the City of Meridian City Council Regular Meeting on Tuesday, September 2, 2003, at 7:15 P.M. in the City Council Chambers and I invite the roll call from the City Clerk. Item 2. Adoption of the Agenda: Corrie: Okay. Council, you have -- the second item is adoption of the agenda. We have some corrections that have been asked by us. Item Number 15, Public Hearing on the Conditional Use Permit for Martial Arts Karate for Kids we find was not advertised correctly, notice not posted, so we will probably have to have that -- after it's posted and give the Clerk time to get that in the paper and noticed. Okay, and, then, I -- Anna has requested that we continue the Public Hearing on Bear Creek No.8, it's Number 16 on the agenda, until the 9th of this month. Is that all the corrections that you had, Anna? Okay. Any other corrections from the Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the agenda as presented, with the following changes, of noting that Item Number 15 will need to be rescheduled and 16, when we get to it, will be continued to September 9th. With that, I move that we approve the adoption of the agenda. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the adoption of agenda as corrected, any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. Meridian City Council Meeting September 2, 2003 Page 2 of 51 MOTION CARRIED: ALLA YES Item 3. Consent Agenda: A. Approve minutes of August 19, 2003 Pre-Council Meeting: B. Approve minutes of August 26, 2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of approval on the Final Plat for Packard Acres No.2 by the City of Meridian - east 0 f North Wingate Lane and south 0 fEast U stick Road: D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PO) zones for proposed Trailway Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: E. Sewer and Water Main Easements for Meridian School District Bus Facility: F. Sewer and Water Main Easements for Cobre Basin Subdivision No.1: G. Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe: H. Agreement for Professional Services for Sewer Master Plan Update - JUS Engineers: I. Approve Bills: Corrie: Next we have the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk attest on all proper papers. McCandless: Second. Meridian City Council Meeting September 2, 2003 Page 3 of 51 Corrie: Motion has been made and seconded to approve the Consent Agenda, A through I. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: The next is Department Reports. Is Kenny here tonight? I just wanted to make sure that everybody is aware that the auditorium at the middle school. They want to have a signed consent for two hours for October 9, 2003, for the Fire Department academy graduation and everything was in order here, I believe, Mr. Nichols, that we just need to have me sign it to allow them to have the academy graduation there. I don't -- unless you have any objections to the signing. Bird: No. Corrie: All right. Thank you. Nichols: Mr. Mayor? Corrie: Yes. Nichols: Mr. Mayor, Members of the Council, this is a standard form agreement the school district requires of every entity that uses their facility. It covers insurance, janitorial, and those sorts of things and as often as we might use those facilities, it might be, you know, a continuing type approval to do that, as long as it's nothing out of the ordinary. I guess we might ask them -- of course, they no longer use this facility and I don't think we have asked them to do it before when they have used this facility for their meetings, so -- but they required it. Corrie: Anything further on that, then? Okay. I don't know about Kenny, but thank you. Item 5. (Items Moved from Consent Agenda) Corrie: Number 5 is items moved from the Consent Agenda. We haven't any. Item 6. Ordinance No. AZ 03-010 Request for annexation a nd zoning of 39.15 acres from RUT to R-8 (PO) zones for proposed Trailway Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Meridian City Council Meeting September 2,2003 Page 4 of 51 Corrie: So, Number 6 is an ordinance and I believe we have an Ordinance Number, Mr. Clerk, 03-1040. Okay..1 would like to have the Clerk -- oh. Thank you -- Clerk read the ordinance by title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1040, an ordinance finding that Riley and Dee Haw and HiJlview Development Corporation, the owners of certain real property generally located on East Blue Herring Road, North of FaiNiew Road and east of North Meridian Road, Meridian, Idaho, to be known as Trailway Park Subdivision, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. Members of the audience, you have had Ordinance Number 03-1040 read by title only. Is there anyone in the audience that would like to have it read in its entirety? Okay. Hearing none, I will entertain a motion from the Council on Ordinance Number 03-1040. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance 03-1040, a request for annexation and zoning of 39.15 acres from RUT to R-S PO zones for proposed Trailway Park Subdivision by HiJlview Development Corporation, with suspension of rules. De Weerd: Second. Corrie: Motion has been made and seconded to approve Ordinance Number 03-1040, with suspension of rules. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Thank you. MOTION CARRIED: ALL AYES Meridian City Council Meeting September 2, 2003 Page 5 of 51 Item 7. FP 03-045 Request for Final Plat approval of 37 building lots and 1 other lot on 10.66 acres in a R-8 (PO) zone for Quenzer Commons Subdivision No.4 by Brighton Development Company, LLC - west of North Locust Grove and north of East Ustick Road: Corrie: Item Number 7, Final Plat 03-045, request for Final Plat approval of 37 building lots and one other lot on 10.66 acres in R-8 PO zone for Quenzer Commons Subdivision No. 4 by Brighton Development Company, LLC., west of North Locust Grove and north of East Ustick Road. At this time I would like to have Anna first. Powell: Mr. Mayor, Members of the Council, this is for Quenzer Commons, also known as Heritage Commons. This is the fourth Final Plat to come through. The area for the plat is down -- actually, I believe it's up here, as we go down. I think that that arrow is misspoken. You can -- or misplaced. You can see the common lot in this area there and that lines up with the common lot behind here. Maybe the applicant -- I got a little confused looking at this, so maybe the applicant can straighten that out. I believe it connects to this open space right there, so it's up in this corner, approximately in that area. The proposed Final Plat is -- does conform to the Preliminary Plat. The open space that I just pointed out a moment ago is a little bit larger and that's the only item that we noticed. They have not requested to extend their ornamental street light agreement. We would -- it would seem that since that was approved with phase one it would be appropriate to have consistent streetlights throughout the development, so the applicant might want to comment on that for us. I don't know if they haven't wanted to extend that Streetlight Agreement or if it's just been kind of a clerical thing that's happened from phase to phase, so with those two comments that's all we have. Corrie: Okay. Thank you, Anna. Questions of Council? Okay. Is the applicant here this evening? Dave name and address, Dave. Turnbull: David Turnbull, 12601 West Explorer Drive in Boise. Corrie: Thank you. Turnbull: I guess I could comment on the streetlights. When we did phase one we did ask for an agreement on some decorative streetlights, but those were primarily to highlight this entry corridor here and the area around this commons park here. Then, the balance of phase one back we went with the standard street lighting system and that's the way we are continuing throughout the balance of this back section. It was more of a decorative entrance statement that we used that for, so that would be my only response. Corrie: Okay. Thank you, Dave. Any questions? Okay. Thank you, Dave. Okay. Any further discussion? De Weerd: Mr. Mayor? Meridian City Council Meeting September 2, 2003 Page 6 of 51 Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 37 building lots and one other lot on 10.66 acres in an R-8 PO zone for Quenzer Commons Subdivision No.4, to include all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion has been made and seconded for approval of Final Plat 03-045, any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All Right. Thank you. Thank you, David. MOTION CARRIED: ALL AYES Item 8. FP 03-046 Request for Final Plat approval of 31 building lots and 2 other lots on 10.49 acres in an R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: Corrie: Item Number 8 is a Final Plat 03-046, a request for Final Plat approval of 31 building lots and two other lots on 10.49 acres in an R-8 zone for Bear Creek NO.6 by Bear Creek, LLC, west of South Meridian Road and south of West Overland Road. At this time I will invite staff's comments first. Powell: Mr. Mayor, Members of the Council, this is -- staff is recommending approval of this Final Plat. This is the portion of Bear Creek that folded in the former Kodiak property. As you can see, it's right along there and this is the Final Plat that -- to reflect the changes made to the original Bear Creek submittal when folded that property in. There are no outstanding issues with Planning and Zoning and it does comply with the approved Preliminary Plat. Corrie: Okay. Thank you. Any questions of staff? Bird: I have none. Corrie: Is the representative here this evening? Name and address, please. Arnold: My name is Steve Arnold with Briggs Engineering, 1800 West Overland Road, Boise, Idaho. Corrie: Do you have any comments? Bird: Just that I'm sorry about Item 16. That's about it. Meridian City Council Meeting September 2, 2003 Page 7 of 51 Corrie: Okay. Okay. Any questions of the representative? Bird: I have none. Corrie: Okay. Thank you, Steve. Okay. I'll entertain a motion, then, on the request for Final Plat 03-049. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve request for Final Plat approval of 31 building lots and two other lots on 10.49 acres in the R-8 zone for Bear Creek NO.6 by Bear Creek, LLC. West of South Meridian Road and south of West Overland Road and to incorporate staff comments and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. Corrie: Okay. Motion has been made and seconded for the approval of Final Plat 03- 046, Bear Creek NO.6. Any further discussion? Hearing none, roll call vote, please, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Thank you. MOTION CARRIED: ALL AYES Item 9. Continued Public Hearing from August 51 2003: VAC 03-003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Engineers - north of East Overland Road approximately one-half mile west of South Eagle Road: Corrie: Item Number 9 is a Continued Public Hearing from August 5, 2003, a request for a vacation of sewer easement on Lot 2, Block 1, of Pack It Up Subdivision by Pinnacle Engineers, north of East Overland Road, approximately one mile west of South Eagle Road and this is V AC 03-003. [will continue the Public Hearing and invite staff's comments first. Powell: Mr. Mayor, M embers of the Council -- I don't have a slide for this one. I'm sorry. This item was continued at the applicant's request. You did not open it or have any discussion on it, so this is really the first time you're hearing about it. They are requesting to vacate an existing sewer easement within the lot. The original proposal was to have mini storage on the lot and they were going to be able to accommodate the Meridian City Council Meeting September 2, 2003 Page 8 of 51 sewer easement within the d rive a isle lanes 0 r t he parking moving lanes in the mini storage. They are requesting now to vacate that easement and they will accommodate it elsewhere on the site. I think I'm going to leave it open to Public Works, since it's their easement, to describe this further if you have any questions. Staff is recommending approval of the vacation. We can accommodate it elsewhere. Corrie: Any discussion of staff? Okay. ]s the applicant or representative here tonight? David. Is the testimony you're about to give the Council the truth, so help you God? McKinnon: It is. Corrie: Name and address, please, David. McKinnon: Dave McKinnon, 12552 West Executive Drive, Boise, Idaho. If you have any questions, I really don't have any other additional comments. It's -- as Anna put it, it's just a really simple vacation of a utility easement in a subdivision that's not being developed at it was anticipated. If you have any questions, I would be happy to answer those at this time. Corrie: It's too easy, David. De Weerd: I wish we could give you a hard time. Nary: Let's just deny it. Corrie: Any questions of David? Thank you. McKinnon: Thank you. Corrie: This is a continuation of a Public Hearing. Is there anyone from the audience that would like to have testimony at this time? You lucked out, Dave. Okay. Council, any other questions, or anything on the Public Hearing you want to discuss? Okay. I'll entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on VAC 03-003. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion? Okay. Hearing none, I will entertain a motion on the request for vacation. Meridian City Council Meeting September 2. 2003 Page 9 of 51 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of VAC 03-003, the request for vacation of sewer easement on Lot 2, Block 1, of Pack It Up Subdivision by Pinnacle Engineers, north of East Overland Road, approximately one half mile west of South Eagle Road, pursuant to all staff comments, and for Council to prepared Findings of Facts and Conclusions of Law of Decision and Order. Bird: Second. Corrie: Okay. Motion has been made and seconded. [s there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Thank you very much. MOTION CARRIED: ALL AYES Item 10. Item 11. Item 12. Continued Public Hearing from August 12,2003: AZ 03w009 Request for annexation and zoning of 11 acres from RUT to R-15 (PO) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell / Tom Bevan I DTE Deve[opers - southeast corner of North Ten Mile Road and West Pine Avenue: Continued Public Hearing from August 12, 2003: PP 03-010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres in proposed R-15 (PO) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: Continued Public Hearing from August 12, 2003: CUP 03-020 Request for a Conditional Use Permit for attached single-family residential with commercial in proposed R-15 (PO) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan / DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: Corrie: Item Numbers 10, 11, and 12 has to do with the Courtyards at Ten Mile. Item 10 is a request for annexation and zoning of 11 acres from RUT to R-15 PO and C-N zone for the proposed Courtyards at Ten Mile by Doug Campbell and Tom Bevan, DTE Developers, southeast corner of North Ten Mile Road and west of Pine Avenue. Also, Number 11 is a request for Preliminary Plat approval of 31 building lots and five other Meridian City Council Meeting September 2, 2003 Page 10 of 51 lots on 11 acres in proposed R-15 PD and C-N zones for the proposed Courtyards at Ten Mile. Item Number -12 is a Continued Public Hearing from August the 12th for a CUP, requesting for a Conditional Use Permit for attached single-family residential with commercial in a proposed R-15 PD and C-C zones for the proposed Courtyards at Ten Mile by the same developers. At this time, if I have no objections of the Council, I will open the Continued Public Hearings on all three of these, we will take testimony on all three, and, then, we will vote one at a time 10, 11, and 12. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I am a member of the Episcopal Church that owns 12 acres across the street from this development. I wanted to make you aware of that and I have heard some discussions between the church and the Courtyard developers. I have heard this, because I'm on the vestry of the Episcopal Church and I hope that would satisfy the public interest, but you can -- but I'm asking the Council if they believe I have a conflict. Corrie: Council? Bird: I have no objection. De Weerd: Is that a paying job? McCandless: Sure. De W eerd: I have no problem with it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess just sot he record isreal c lear, I think I'd move that Council Member McCandless can participate, t hat the conflict that exists, if a ny -- and I don't believe there is any either -- is dominius and she can participate in the discussion and vote on this. Bird: I second that motion. Corrie: Okay. Motion has been made and seconded. Any further discussion of Council? Okay. All those in favor say aye. Opposed no? All ayes. Mrs. McCandless, you may stay seated. MOTION CARRIED: ALL AYES Corrie: And, then, we will proceed with the -- Anna or the staff comments. Meridian City Council Meeting September 2, 2003 Page 11 of 51 Powell: Mr. Mayor, Members of the Council, you did have a rather lengthy hearing on this. Almost all of the concerns, if not all of them, concerned traffic at the intersection of Pine and Ten Mile a nd I did want to point out some of the properties in the vicinity, because they will come up later in the discussion. This is the Episcopal Church that was just referred to and it does have a small portion of frontage on Ten Mile, as you see there. This property is Mosher Farms, which is being developed by the same developer, so he has -- he's going to have some -- offer some off-site mitigation in relationship to this property here. This is the elementary school that everybody wants to provide safe access to. This is another church, so if there is confusion about a second church, it's to the south of the property in this location, and, then, the Meridian High School is in this location here generating the traffic that comes down Pine. To refresh your memory, this portion of the property was going to be developed in retail and office, with some residential above retail in this -- toward the west end of the site. These are four-plex units that have attached garages to them and, then, a carport in there also. This is a detail of the Landscape Plan for the commercial and retail areas. Here is Pine. Here is Ten Mile. These are some elevations of the retail and office spaces and these would be the residences up on top, residential lots some more elevations for you. This was the detail of the backing out area associated with the four-plexes and that's the Landscape Plan and there is the elevation of those and, then, the applicant has provided a present -- a separate PowerPoint presentation that I will go through when they are ready. My understanding is when we left it -- when we left it, there was a lot of concern that it go back to ACHO. ACHO did review it. They did hold a meeting on it. It wasn't a separate Public Hearing, but they did hold a meeting and there is a letter, I believe, that was provided to you from Christy Richardson. Basically, the applicant has offered to construct several off-site improvements that weren't in the original ACHO staff report. They are going to provide turn lanes for the north-south traffic, as well as the traffic on Pine on the east side of the road, the public portion. This, as you know, is a private lane it's not a public road. We would have a travel -- three 11-foot travel lanes, one of them to facilitate turn movement there. You will have a second lane that's open that will allow the traffic to get onto Ten Mile without cutting through the neighbors to the north, which was a concern. Likewise, you will have turn lanes coming north and coming south. The applicant has always offered to -- and they will go into more detail. They have g at some pictures in their presentation, but they are going to expand the area -- you see this pipe here, they are going to extend the area that the pipe covers, so that there is more room for pedestrians between the travel way and the end of the irrigation pipe. They are basically elongating the pipe they want to put some barriers there to facilitate or to keep kids from falling in. These are temporary measures, because they road will be reconstructed in the future. They didn't want to have it torn out right away, and, also on the other side of the road on the Episcopal Church property, they would do the same on that one, extend that pipe, and then provide -- within the right of way provide an asphalt area that would separate it from the travel way. That would basically function as a sidewalk for the children, so they would be next to the canal, then, they would come down and they would be on a separated little area and, as I said, they have some pictures regarding that. I think I'll leave it right there. Meridian City Council Meeting September 2, 2003 Page 12 of 51 That's what I know. Bruce Mills is here from ACHD to comment on the Jetter more and the applicants, as I said, have a presentation for you. Corrie: Any questions for staff? Okay. Is the developer or representative here this evening? Is the testimony you are about to give the Council the truth, so help you God? Ralphs: It is. Corrie: Name and address, please. Ralphs: My name is Rod Ralphs. My address is 2730 North Greenbelt Place here in Meridian. As staff has identified or indicated, we did meet with ACHD. We scheduled that immediately the next day after we had our last meeting with you and the meeting that we had with ACHD was held last Wednesday. Any of the notes or minutes will not be a vailable yet to you, but just before we go into that, I just want you to know the feedback that we received. That in visiting with them and their engineers and also with our engineers, we believe we have fashioned a wonderful compromise to this project that addresses a lot of the concerns that were raised at our last meeting. Just by way of location and, as staff has indicated, we are there at the southeast corner of Pine and Ten Mile. If we could go to the next slide, please. We are one half mile south of Cherry Lane and less than two miles from Meridian City Center and walking distance to the proposed light rail system. I give that by way of background only to show that as Meridian continues to grow, there are certain developments that currently extend beyond this area and wanted to just let you know by way of context that this project is fairly close -- it's very close, actually, to where Meridian is growing right now and we are very close, if not closer, than some of the ones that have been approved previously. Let's go ahead with the next slide. One thing that we did change -- and this is significant. We are going to phase this project The last time we were here we were not going to phase it, we were going to just let it go as one development and the staff was kind enough to help us clarify this, the development as one phase. This is for the approval, but the actually construction part is going to have separate phases. The first phase is going to be the residential and the earliest that we will have people in there would be fall of 2004 four. By way of amenities, we will have a tot lot play area there in the back, protected by the homes there on the street and, then, there would be a six foot chain link fence that runs along the -- that drain that runs along, also as part of the amenities would be a walking path and a green park area. Next slide, please. Phases two and three address the commercial sites within the project. As Council would remember from the layouts that staff had showed earlier, we have two stand-alone office buildings that are kind of central in the project and, then, there are three buildings that are on the perimeter that you would see as you drive north and south on Ten Mile and also as you make the corner onto Pine. What we would expect in phase two would be to bring those two middle office buildings on line. Those are two story buildings and we will refer back to some of those elevations. In fact, if we could go back to those elevations of the -- okay. Go forward one, please. Okay. The building E and F that you see here on the -- this building right here, would be part of phase two. That's what we would expect to be able to include in this. Now, as far as buildings B and A, D, and, Meridian City Council Meeting September 2, 2003 Page 13 of 51 then, also there is a bank site, those are going to be the ones that you would probably recognize as being the"big draw, the big connectors that would bring in traffic. We are going to hold off on those. Those are going to be in the third phase of development, again, determined by market -- thank you, but these buildings right here. Actually, there are four. These things would be determined by market, but, then, also we would look at developing those closer in time to when ACHD anticipates construction there. They are adding five lanes to Ten Mile and three lanes to Pine. That's one of the biggest changes that we present to you this evening, as we are planning on phasing this. The next thing -- and I'll need to go back, please, to the -- Powell: Mr. Mayor, just the two initial buildings are those two right there. Those were the phase two buildings. Sorry, Rod. Ralphs: Thank you. No. That's great. Thank you. Okay. Now, I wanted to point out -- because a lot of concern has been address to the traffic that this project would generate. Again, referring you to the 2004 completion date, where at least we would have people -- the earliest they would be in there would be fall of 2004, we are looking at the 56 units of attached residential. ACHD's traffic count, they estimated it at 350 trips, so far less than the 1,400 and I believe 68 or so trips, or maybe 1,400 -- my math is a little off tonight -- 1,418 trips daily. We are going to be phasing that in. The interior sites for office retail would be Phase 2 and, then, t he remaining u nits of commercial would be office retail and that would include the C-store, some restaurants, and the bank. The combined traffic count would be phases two and three and by their count it would be 10,000 -- or, excuse me, 1,068 trips at full and final build out. Now, we have underlined that, because we feel that that is some years away. We feel that it's going to be a long time before we actually see those high counts that you saw in the traffic report. Next slide, please. I wanted to go over some of the concerns that were addressed at the last City Council and Council can correct me if we have missed any of these, but one of the things that -- two of the things that we have tried to address by meeting with ACHD and going back with our engineers was, Number 1, connectivity. Part of that were the sidewalks, pedestrians worrying about traffic to the C-store, pedestrian traffic to school and, then, pedestrian traffic generally. Then, down to traffic generated by the project, addressing that with turn lanes and widening of the shoulders. As we have indicated earlier on, we are going to be phasing this, which we feel that it would also address the traffic generated by the project. Can we go to the next slide, please? I wanted to show you how we feel that we can address and reach a reasonable compromise with the connectivity point. The first one is to propose to extend the sidewalk south to Pine on the west side of Ten Mile. Now, there is a small correction in the letter that you got from ACHD where it talks about bringing down a bike lane on the east side of Ten Mile. That should, actually, read west side of Ten Mile, and what that would do is it would bring the sidewalk down along the existing 50-foot right of way there along Ten Mile to where it reaches Pine, which is currently a private lane. As we did some more research about different applications on connectivity here in Meridian, we identified a couple of places. This, for example, as the Council is probably very familiar, this is just north of Tully Park. Tully Park is sitting back there and this goes into an existing subdivision and there is a very substantial ditch or a canal right Meridian City Council Meeting September 2. 2003 Page 14 of 51 here. What has been put in here right now is the concrete barriers and there is also another concrete barrier .here to protect the pedestrians f rom traffic. Given that this project is slated for construction with ACHD in 2007, what we were proposing is to make sure the shoulder is wider coming in from Mosher's Farm, so if you would imagine now looking north and you're over here and let's just imagine that this would be Mosher's Farm as you're looking north, the sidewalk from Mosher's Farm -- and they are in there today, would actually come in, they would tie into this shoulder and it would drop down to what would be Pine. Okay. Now, what do we do out here? This barrier right here would allow us to have a very strong, secure canal and canal protection and, then, eventually, as this is built out to a five lane, then, you would have some of the safety railings and a bridge as it's tiled. One of the other applications -- and I want to propose this next one, would be using additional improved shoulder area for what I call a protective bike path. If you would imagine this along the canal on the west side of Pine -- or on the west side of Ten Mile. Then, also -- and this the Council would recognize from North Ten Mile there -- and this is the Sunburst Subdivision -- you see a raised or an extruded curbing with safety reflectors here and, then, you have a safety pedestrian bike path that actually ties into a sidewalk way down here at Sunburst. Even though -- and as the Council is well aware, developments don't come in line all at the same time and we do want to provide a safe, reasonable way for people to get to and from school. We are reducing or eliminating for at least the current period of time the C-store, which would eliminate a lot of the draw coming over to our project, and then we will also be providing this as a means by which people can go on into the protected area of Mosher's Farm and then, off into the school. Next slide, please. Now, how did we address the traffic generated by the project Number 1, by phasing the commercial site. The residential application, once it's been fully built, will have approximately 350 trips. This is a 75 percent reduction from the initial build out. Then, some of the additional commercial, as we come to you, would require a Conditional Use Permit, those things would be like for the bank and the fuel stop and the C-store. You would have another crack at us, I guess, is what I'm saying. You would have another opportunity to examine what's going on out there before you added anymore commercial over and above the residential. The proposed addition of turn lanes and the widening of shoulders have been addressed in the next slide -- if we could go there, please. Thank you. What you see here -- and this is in -- working in consultation with ACHD and, then, also with our engineers, is adding turn lanes and I want to quote from you or at least direct you to the second page of the ACHD letter-- Powell: While you're looking that up, Rod, a C-store is a convenience store, for those in the audience who have been wondering what it is. Ralphs: Thank you. After consulting with various offices and personnel there at ACHD -- I just want to direct your attention there. While ACHD is not requiring these improvements, the district supports the applicant's proposal and finds that these improvements will help alleviate the back up that occurs at this intersection. What you will notice is that we are pulling in from what ACHD is going to require when they go to a five and three -- that's what they are going to call this, is a five and three application, we are already going back to that right of way and that's going to be improved, that's going Meridian City Council Meeting September 2, 2003 Page 15 of 51 to have the asphalt and that's how we are going to pick up these lanes now, a lot of the subdivisions you will see in town, you will see some paving there right there at the entrance and then they will leave the shoulders in gravel until such time as ACHD comes along. We would be adding the asphalt improvements along the shoulders here on the south and east corner of Pine. I wanted to just clarify a couple of things from staff. We have two different developers -- similar members on the development team, but I want to just point out this is a different development company than this one. I also wanted to point out that right here where this sidewalk comes down from Mosher's Farm, we would be using the existing 50-foot right of way that is there now. Now, as Councilwoman McCandless indicated, there have been talks with the church, but those are in the formative stages. What these drawings represent is what we are proposing to do with what we have and, then, depending on how things work out on those negotiations, then, we can discuss that further. What we want to point out with this is that by improving the shoulders -- and we would also be widening this out here to allow for a wider shoulder, is that we can get in these extra lanes, allow for a protected bike path, and get pedestrian traffic to and from Albertson's and that's all I have. I'd answer any questions that you might have at this time. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Ralphs, at the prior discussion we -- there had been discussion here and I -- maybe it's in the ACHD letter, I don't remember. The issue on the stop -- the four way stop. We are not -- with the turn lanes we are not going to do that any longer; is that right? Ralphs: That's correct. I handed off to the Clerk -- in fact, I just saw the Mayor referring to it. We were -- we did go down to ACHD and we did ask them to do a study and they went through their checklist on -- it's the one that has the handwriting there in the first column. They go through several -- several elements and we had expressed these last time. It's more than just counting the cars that go by, they look at pedestrians, they look at approach speeds, they look at different factors before they make any indication about the stops. The short answer is, no, we won't be looking at the all way stop, because they do not just meeting warrants for ACHD's recommendation. McCandless: Mr. Mayor? Corrie: Mrs. de Weerd -- or, excuse me, Mrs. McCandless. Got you on my mind. I don't know why. Yes, Mrs. McCandless. McCandless: You have -- you know, those turn lanes are going to help a lot, I'll admit, but I'm still wondering how you're going to get the children across the street from that subdivision that are going to school. Ralphs: I can address that. Meridian City Council Meeting September 2,2003 Page 16 of 51 McCandless: Thank you., Ralphs: Okay. The situation that you're addressing is one that you have got already on Ten Mile, you have got with Thunder Creek, and you have got it with subdivisions that go up along Ten Mile. The requirement of asking the children who are going over to Chaparral, we are providing the same protection that's already in place with other subdivisions where, if children are not bused with safety busing, then, they are going to be crossing that. That is something that is already in place with another subdivision that was recently approved here. Thunder Creek experiences the exact same thing. Now, does that mean that we are callous to the need absolutely not? What it means is that we are trying to in step with what you provided. Now, as far as over at -- I want to say Peregrine -- now that has busing and that's the seasonal year and the kids would be able to come in and they would be able to go. Now, as Councilwoman de Weerd indicated last time, that sometimes it's not cool to ride the school bus granted. What we have got here and going back -- thank you, staff. If you look here along this road, okay, we would come out here with all of our improvements, but right now, if you go along and you're talking about connectivity, it's not there already. In fact, the safeguards that we are putting in here along this canal exceed what's here with Kelsey Park. Kelsey Park you have got a very short sidewalk, they have got to go around the canal with out any protection, then, they are onto this sidewalk, and, again, there is no connectivity. If we are looking at going north here from the project, we look at what is done here at Thunder Creek. Again, you have nothing, no sidewalks and -- and this is for all of the traffic that would be going up north and we just -- and just in driving around Meridian and knowing that one of your concerns here tonight would be the connectivity, we looked at Mosher's Farm, it does not connect south. Berkeley Square, there is no connection to the north. Even Parkside Creek with very narrow frontage on Ten Mile, there is no connectivity to any existing sidewalk and I just share that with you, not saying that this -- this is how it's been done in the past, but we are wondering by providing some of these improvements, especially, if you're along Ten Mile, to alleviate those concerns, we feel with going offsite that we are going above and beyond what other developers have done in a similar situation. We see the connectivity problems, but that happens when landowners sell their properties at different times and when they are going to come on line we don't know. The idea is to have the sidewalk stubbed in and, then, to, eventually, grant them and meet them. Corrie: In regard to that, have you talked to the schools at all about having guard crossings there? Ralphs: We talked to the schools early on and they were the ones who had indicated that there would be busing over here to Peregrine from the subdivision and, then, over here I believe the comment was made from one of those who testified last time, these individuals have safety busing and so the assumption is that these people would also have that in 2004. As the Council is well aware, the issue of safety busing and what the Meridian School District is able to do from year to year changes. Meridian City Council Meeting September 2, 2003 Page 17 of 51 Corrie: Correct. Okay. Further questions, Mrs. McCandless? McCandless: No. I was just sitting here thinking that -- we were talking about connectivity with Berkeley Square, but the school is right behind Berkeley Square, so they wouldn't have to cross any streets to get there. Ralphs: That's correct and my point in raising Berkeley Square is not that the children would be accessing the elementary here on the west side. Here when you look at what the children are doing after school as far as going and playing with friends up in the other neighborhoods or even going to Albertson's or having a similar draw like we would have with our C store. You don't have that connectivity they are walking on a shoulder. What we are proposing is widening the shoulders off site to allow them at least some of this protection going in here to the school and, then, on out to what's already the existing and accepted means of accessing Albertson's. Corrie: Okay. Any further questions of the applicant? Nary: Mr. Mayor Corrie: Mr. Nary. Nary: Mr. Ralphs, on the phasing plan, I mean do you want us to incorporate that phasing plan as part of the conditions here or what was your thought on that? Ralphs: Well, our thought originally was to just go and let the market determine it and, certainly, as a developer that would be our recommendation. We also understood -- we are trying to be a good neighbor and work out with the traffic counts. We are also trying to be a little more in sync with the improvements that ACHD is proposing. Ideally, we would like to see phases one and two to be fairly close in time, knowing full well that Phase 3, with the high demands -- or the high attraction, I guess, I will call that. We'd need to come back in for a Conditional Use Permit on those buildings and, again, you would be able to give us a thumbs up or a thumbs down on it. Nary: Thank you. Ralphs: Thank you. Corrie: Any further questions in at this time? Okay. Ralphs: Thank you. Corrie: Is there anyone from the public that would like to issue testimony in all three of these? Is it Clayton? Is the testimony you are about to give the Councll the truth, so help you God? Lyle: I do. Meridian City Council Meeting September 2, 2003 Page 18 of 51 Corrie: Name and address, please. Lyle: My name is Clay Lyle, I live at 2064 North Stonecrest Way in Eagle, Idaho, and I am representing t he Episcopal Church and 0 ne concern from tonight is the concrete barriers that are being proposed for a bike lane. Is that going to block the 160 feet of access we have fronting Ten Mile? We are currently renting that property to a local farmer, who accesses it off of Ten Mile. We have a concern that we are not locked out of 0 ur property at that p oint. The 0 ther question I had for M r. Nichols concerns the water issues on the property, We have canal water that we use to irrigate the church property. The developers have proposed bringing a pumping -- actually, a pressurized irrigation system a cross from their Courtyard system to the Mosher F arms and have asked us for either an easement or some kind of right of way to cross our property with their pressurized system. Now, it's my understanding that you can't prevent a farmer from taking water across another piece of the land, precluding him from using his water on his land. It's my understanding that both sides of the drain ditch of the Mosher Farm had water on it at one time or another and it's my assumption -- and this is really what I'm asking Mr. Nichols, is according to Idaho law does that law extend to pressurized systems when, in fact, there is already water on the property? It would appear they are putting in a pressurized system at the Courtyards to save money, rather than having two pumping systems, they are combining it into one and we are concerned about the number of the easements that we are going to have across the front of our property, which might restrict future development of it. The question is do we have to permit them to bring their pressurized system across our property. Corrie: Mr. Nichols, are you prepared to answer that question at this time? Nichols: Well, Mr. Mayor, Members of the Council, you pay me for advice to you. Mr. Lyle, I'm not aware of anything that would require you to give up an easement, but that doesn't mean that there isn't one. Lyle: Okay. Nichols: I'm just telling you that off the top of my head I'm not aware of one. The issue about preserving water rights is that someone upstream from a parcel cannot do something to interfere with that downstream parcel's access to their historical use for which they have a water right. That's as far as I can go. Lyle: Okay, and we would not restrict them from using the canal water that's on the property already. Those are my two concerns. Thank you very much. Corrie: Thank you. Thank you, counselor. You helped us a great deal. Nary: Is was a political -- Meridian City Council Meeting September 2, 2003 Page 19 of 51 Corrie: It's a pretty good political answer. Is there anyone else from the public that would like to issue testimony? Bruce. Is the testimony you are about to give the Council the truth, so help you God? Mills: It is. Corrie: Name and address. Mills: Bruce Mills, Ada County Highway District, Garden City. Mr. Mayor, Council Members, I'm here mainly to see if you have any questions regarding our August 29th letter. I did want to just go over a couple of items from that letter. This is from our staff Christy Richardson to you. It just gave the results of the meeting that we had last Wednesday with the developer and with many of the residents of the area. Just to recap, I guess, what our commissioners felt after the meeting was that -- a couple points. At this point in time a signal is not warranted at this intersection, although we are tracking it and, obviously, it's getting close, because that's why it in our plans to upgrade this intersection in 2007 when we widen the road. The same way with an all way stop, that at this time it's not required. However, we do feel strongly that the turn lanes that they are proposing are going to help quite a bit to alleviate any of the problems. Right now the most critical turn lane is, actually, southbound, adding a left turn lane in there. We have about 8,000 cars a day north south on Ten Mile, we don't have that many cars east and west on Pine. The turn lanes are definitely going to be a help and any shoulder improvements that can be done for the pedestrians we also feel are going to be very helpful. Again, I wanted to reiterate that 2007 is the planned year for the improvements of signalizing the intersection and also building out Ten Mile all the way -- even though it's two separate projects, we are going to combine them into one in one year, so all the way from Franklin up to Cherry is the reconstruction to five lanes of Ten Mile. The last comment was just from one of our commissioners who had stated that they felt very impressed that this developer is to step up to the plate and do off-site improvements, which were not really required of them. That's almost unheard of at times in our business. I'll stand for any questions you might have. Corrie: Council, any questions? You haven't had any scuttlebutt or hearing that three or five lanes in the future on Pine? Mills: I can address that a little bit more if you like on Pine. Corrie: Thank you. I just wondered if you had heard any scuttlebutt about what size it was going to be. Mills: Briefly, it will be built to five lanes, striped for three lanes, and we have some measures to alleviate the impacts to the adjacent neighbors and I could tell you later jf you like. Corrie: All right. Thank you very much, Bruce. ]s there anyone else that would like to issue testimony? Meridian City Council Meeting September 2, 2003 Page 20 of 51 Powell: Mr. Mayor, Members of the Council. Corrie: Anna. Powell: We should clarify that that discussion was in regard to the Pine section east of Eagle. Corrie: Yes. Thank you. De Weerd: Unrelated. Corrie: It's unrelated, but I was just curious. I would also like to have the record show that we did have an e-mail from Irma Atkinson to the members of the City Council that she was, evidently, pleased that ACHD was doing the turn lane proposals, so I would enter that as the record to the City Clerk. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: We also have an e-mail from a Julie Schultz that should been entered in also. Corrie: Okay. There was no one else that would like to enter testimony in this Public Hearing. Council, have you got any questions for -- in the Public Hearing arena? Okay. Hearing none, if you so desire we can close the Public Hearing on Items 10, 11 and 12, if you would like. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think it's appropriate for the applicant to come and address the testimony. Corrie: Oh, I'm sorry. Yes. You're absolutely right. Thank you. We do have a question that was asked by the -- about the lockout of the property. Ralphs: Certainly. As far as the concrete barriers -- and, staff, if we can go down to where those concrete barriers were, just to be helpful as an illustration here. We would certainly do nothing to interfere with a neighbor's access to their property. The proposed barrier placement would actually be right there where that canal or that ditch comes out at Ten Mile. Actually, the ingress to that field and that, actually, is along the dirt lane here and, then, you, actually, have an irrigation ditch that runs in here as well. There is not a driveway there and so we would do nothing that would interfere or impede in any way with the farmer going about his duties there or any other application Meridian City Council Meeting September 2, 2003 Page 21 of 51 that the church would be doing. As far as any kind of changes in water rights and things like that, we would work with the church with any kind of impacts, but the things that have been alluded to would be to discuss with them an easement for the pressurized irrigation, leaving a stub for them for them to later on develop. That would be something that would add to their property, but it would not be something that they are guaranteed to and I'm not going to say that we are committed to that plan in any way, but that was the easement that the members of that church had indicated to you tonight. That's what we are trying to do is to consolidate those pressurized systems, but also providing for a stub for that property in the event of eventual development. Corrie: Okay. Any other questions of the Council? Okay. Thank you. Ralphs: Thank you. Corrie: Okay. Now, then, what I said before. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no more public testimony, I would move that we close Public Hearing AZ 03-009, the request for annexation and zoning of 11 acres from RUT to R-15 PO and C- N zones for the proposed Courtyards at Ten Mile. Also the PP 03-010, the request for Preliminary Plat approval of 31 building lots and five other lots on 11 acres in a proposed R-15 PO and C-N zones for the proposed Courtyards at Ten Mile. Also CUP 03-020, the request for a Conditional Use Permit for attached single-family residential with commercial in proposed R-15 PO and C-N zones for the proposed Courtyards at Ten Mile by Doug Campbell, Tom Bevan, OTE Developers, southeast corner of North Ten Mile Road and West Pine Avenue. Corrie: Okay. Do I hear a second? De Weerd: Second. Corrie: Motion has been made and seconded to close the Continued Public Hearing on Items 10, 11 and 12. Any further comments? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: So, let's take them one at a time here in discussion or you can have your motions. Item Number 10, which is the request for annexation and zoning of 11 acres from RUT to R-15 PO and C-N zones for proposed Courtyards at Ten Mile. Discussion? Okay. Nary: Mr. Mayor? Meridian City Council Meeting September 2, 2003 Page 22 of 51 Corrie: Mr. Nary. Nary: Yes. I guess my only discussion is, is I understand where the neighbors are coming from. You know, j drive down Ten Mile almost daily myself. I think what's being done here is commendable on the part of this development. This is -- it is uncharacteristic of developments to work to improve off-site improvements. I think the re-Iook by Mr. Campbell and Mr. Ralphs at the phasing of this project to coordinate the real draw to this project with the widening of Ten Mile and the signalization of this intersection, to kind of coordinate that to be a little closer in time is also commendable. I think the -- there will always be an issue of crossing traffic on Ten Mile until there is a signal, but I think to alleviate that, I think what they are proposing to do with these barriers, the lanes, all of those things. I think are very good and a great improvement to what is currently there and, again, the phasing plan, I think, is probably the key here in my mind. How we draft that in conditions it would appear to me to be somewhat more so not tied to the signal, but to the whole road project itself and once they start -- from what I heard Mr. Mills saying, they are going to widen all the way from Franklin to Cherry all at one project, they can certainly building that C store at that point, because nobody is going to drive down that road regardless. I don't think it's going to matter at that juncture. I think phasing those and connecting those together closer in time is really the key to me. I think that's really where the traffic is going to be from and I think what's there now and what they are going to do to improve it is great. Bird: Mr. Mayor? Corrie: Thank you, Mr. Nary, Mr. Bird. Bird: I agree with Councilman Nary. I do have one thing. On their phasing in some of the areas like the C store and the bank and stuff, I think -- I hate tying them down to a certain time, because of the market and if the market shows up there, then, they are under CUP, so they come back before us anyway. I hate putting time limits on them. I would prefer to make it marketable value, you know, whenever the market is ready for it. I think they have gone above and beyond the call of what we asked with what they are doing here. I'm very impressed. I'm like Mr. Nary, we are never going to get rid of the traffic problems over there until I don't know what, but it's just something that we live with and try to do the best we can with and I believe that these developers have done it -- have done the best that they possibly could to help that. De W eerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would agree with everything that's been said, although I take it a little bit further, but when I say that it's a whole different meaning, Mr. Nary. I guess that was a private joke. Sorry. A lot of it -- what you're doing with the roads is an improvement that is not just for t he impact 0 f this subdivision, it's certainly going to improve the traffic Meridian City Council Meeting September 2, 2003 Page 23 of 51 situation in that area as a whole and so I really appreciate that. I also appreciate -- I think that some of the issues that they have at Thunder Creek Subdivision, that it's not at an intersection where those kids are crossing the street. This gives them a more obvious place that these kids can cross and you have provided them safety to get to the connecting sidewalks that do currently exist and that was the voiced concern at the last time. As far as tying any conditions in, I think most of the businesses on Overland right now or Franklin when they went through their road improvements, you probably don't want a business there until those road improvements are done, because those businesses would be new and they would suffer during that road construction. The phasing, if you do it in conjunction with the road improvements, probably would work best for the tenants that would be attracted to those areas anyway. I think, as Mr. Bird said, the free market would take care of it, but that road construction would take care of the dictation of when those things would happen. I commend you for addressing the conditions of the Council and the residents and adjoining property owners. I think it's a great testimony that those residents aren't here and we have heard from two of them via e-mail. One is very pleased with the initiative that you have taken. The other one is still concerned for the kids up in Thunder Creek and I don't know what you can do to mitigate some of the concerns that they have. I think you mitigated what concerns this development would add to any current situation and you have improved the situation of the traffic that exists today, so I do appreciate that. Corrie: Anyone else? Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no more discussion, I will make a motion. Corrie: Okay. Bird: I move that we approve the AZ 03-009, the request for annexation and zoning of 11 acres from RUT to R-15 PO and C-N zones for the proposed Courtyards at Ten Mile by Doug Campbell, Tom Bevan, and DTE Developers. The southeast corner of North Ten Mile Road and West Pine Avenue, incorporate staff and applicant comments, public testimony, for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. De Weerd: Second. Corrie: All right. Motion has been made and seconded for the approval of the request for annexation and zoning of the Courtyards at Ten Mile with the conditions. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting September 2,2003 Page 24 of 51 Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES Corrie: Now, Item Number 11, request for Preliminary Plat 03-010 for approval of 31 building lots and five other lots on 11 acres. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve PP 03-010, the request for Preliminary Plat approval of 31 building lots and five other lots on 11 acres in a proposed R-15 PO and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell, Tom Bevan, and DTE Developers. The southeast corner of North Ten Mile Road and West Pine Avenue and to incorporate staff, a pplicant, and public testimony a nd I believe this is where we would have the phases is in the Preliminary Plat. I, in my motion, would not put any time table on it, that I'm like Councilman de Weerd, I believe it would -- the traffic is going to -- the working of the roads is going to take care of that -- and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. The request for Preliminary Plat 03-010 is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 12 is the CUP 03-020, request for a Conditional Use Permit for the attached single-family residential with commercial and proposed R-15 PO and C-N zone for Courtyards at Ten Mile. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve CUP 03-020, the request for a Conditional Use Permit for the attached single-family residential with commercial in a proposed R-15 PO and C-N zones for the proposed The Courtyards at Ten Mile by Doug Campbell, Tom Bevan, and DTE Developers. Southeast corner of North Ten Mile Road and West Pine Meridian City Council Meeting September 2,2003 Page 25 of 51 Avenue, incorporate staff, applicant, and public testimony and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIEO: ALL AYES Item 13. Public Hearing: leU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in an L-O zone for Sunshine Academy - 737 North Linder Road: Corrie: Item Number 13 is a Public Hearing, TCU 03-002, request for a transfer of Conditional Use Permit from Wendell and Kathleen Lawrence to Debbie Sheridan for a child care facility in an L-O zone for Sunshine Academy, 737 North Linder Road. At this time, I will open the Public Hearing on Item Number 13 and invite staff's comments first. Powell: Mr. Mayor, M embers of the Council, this is -- we saw a nother one of these about a month ago, I believe. It's on the Conditional Use Permits for the day cares, they are required to come back to you and ask for a transfer. I believe the intent of that is just to insure that they have a day care license and so we have made that a condition of approval. Staff is recommending approval of this request. Corrie: Thank you, Anna. Any other questions of staff? Hearing none, is the representative here this evening? Is the testimony you are about to give the Council the truth, so help you God? Sheridan: Yes. Corrie: Okay. Name and address, please. Sheridan: Debbie Sheridan, 278 North Rotan. I'm just here to answer questions and let you know that a childcare license is in the works. We have already received approval from Central District Health and the Fire Department is scheduled to come out on Thursday. Corrie: Okay. Anything else? Sheridan: That's it. Meridian City Council Meeting September 2, 2003 Page 26 of 51 Corrie: Council, questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And this is only for the one facility on the east -- on the west side of Linder correct? It's not for the other facility it's just for one? Sheridan: Yes. It's only one building, yes. Nary: Okay. Thank you. Corrie: Okay. Thank you. Sheridan: Thank you. Corrie: Is there anyone else from the public that would like to issue testimony at this time? Okay. Council, what is your pleasure? Nary: Mr. Mayor, I guess I would move to close the Public Hearing. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item TCU 03-002, any further discussion? Hearing none, all in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion? Hearing none, I'll entertain a motion, then, on the request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of TCU 03-002, the request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debbie Sheridan for a childcare facility in an L-O zone for Sunshine Academy at 737 North Linder Road. Pursuant to all staff conditions and comments, for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Meridian City Council Meeting September 2, 2003 Page 27 of 51 Corrie: Okay. Motion has been made and seconded for the approval of the request for transfer. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 14. Public Hearing: CUP 03-033 Request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental by Millenium Dental - south of East Overland Road on South Millenium Way: Corrie: Item Number 14 is a Public Hearing, CUP 03-033, request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental by Millenium Dental south of east Overland Road and South Millenium Way. Okay. I will open the Public Hearing and offer staff's comments first. Powell: Mr. Mayor, Member of the Council, this is in Resolution Subdivision. We have been seeing a lot of properties come through again on that original subdivision, It's just north of the high school, the entrance to the high school, as you can see there. You had applications for -- the Seegmiller Dental was at this location, so you have recently seen this property -- this site before you. The applicant is proposing to use the shared access from this location here to enter the property. There is one building planned for now. They do have plans for a future building or they have laid out a site that would require coming back to you to have two buildings on one lot. The only issue -- let me go down. There is the landscaping plan. The only issue that came up at the Planning and Zoning Commission was -- we talked a lot about the cross-access that may be needed on the property. A lot of that was kind of a holdover discussion from the Seegmiller Dental up above and there is going to be a connection -- a pedestrian connection between these two properties in Resolution Subdivision. This one shares this access point here on Lot 2 of the subdivision, so there is already a cross-access agreement. The real question was whether or not they needed one here and the answer was, no, eventually, that that wasn't an appropriate access point for this Lot 3, it would have almost too many accesses coming into it. They decided not to require cross-access and the only remaining issue, then, which is still unresolved is whether -- there is no -- there is no pull-out area, back out area, for these parking stalls at the end. Staff had asked before the Planning and Zoning Commission that those stalls be removed. The applicant had wanted to change them to compact spaces. The Planning and Zoning Commission has forwarded staff's recommendation that they be removed. The applicant now is asking that they be signed as doctor only parking spaces. Regardless of who's parking there, there is still no way to back out, especially if they have got a large Suburban. We still are asking that they reconfigure the site or remove two parking stalls, so that there is a backup area at the end of that parking aisle. Other than that, is it coming forward to you with a recommendation of approval from the Planning and Zoning Commission and that concludes staff's comments. Meridian City Council Meeting September 2, 2003 Page 28 of 51 Corrie: Thank you. "Any questions for Anna at this time? Is the applicant or representative here this evening? Is the testimony you are about to give the Council the truth, so help you God? Knopp: Yes. Corrie: Thank you. Name and address, please. Knopp: My name is Larry Knopp, 355 South 3rd, Boise. I'm the architect representing Millenium Dental. We had discussed the parking issue with Brad Hawkins on the two car parks located here and here, as far as signing those with -- as doctor parking only. There are two dentists that will own and work out of this facility and so this parking lot, really, is established for employees and the doctors. The parking for the patients and public will be up in front in this location, making an easy access into the front entrance right here. We feel that parking is always a premium. They do have about ten employees that will park in this area and take up most of it. I have designed this site for this building and the future building, if it's built, and accommodated the parking for that at one per 250 square feet, which is normal for what I usually design to on a medical or a dental use, just because of the amount of traffic and the fact that they do have a fair amount of employees. We have 25 feet of driveway width, we have 19 feet depth on the parking stalls, and we have a six-foot sidewalk in here and overhang area in this location for bumpers in -- to meet the design standards. The parking can be accommodated as a backup. These two may have to have -- they may to go two -- through a two or a three time back up and turn to get out, but it is -- it is accommodated on the 25 width and if we do post it as doctor parking only, then, they are the only ones that have to negotiate that. We would really like to have the two car parks left in there and used for this development. Corrie: What does the doctors think about it getting smacked? You don't know, I'm sure, because you don't -- Knopp: Yes, I do. In fact-- Corrie: Oh, you do? Knopp: -- one of them is here and he would like to give his testimony concerning this. Corrie: That building to your left here will be a -- probably parking in there for -- correct? The patients wanting to come in there, that building? Knopp: This building? Corrie: Yes. Meridian City Council Meeting September 2, 2003 Page 29 of 51 Knopp: All of the parking here and all of the parking out here accommodates this building and also this future building. There is only a certain size building that we can build there and so I designed it so that the parking is adequate for both of those facilities. If this one is not built, that just gives them a little better parking ratio for their development. Yes, one of the doctors is here tonight and he would be more than happy -- in fact, he would like to testify regarding those two spots. Corrie: Okay. Any other questions, Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess in the Planning and Zoning discussions, did they discuss allowing you to have one and maybe bumping out halfway out into the other, so that parking lot would at least have a back out space into the other spot? I mean you could take away the one, you know, curb it so someone couldn't park there, but still allow some backup space for the other. Powell: Mr. Mayor, Council Member de Weerd, we really didn't discuss alternative designs much at Planning and Zoning Commission. They had asked for compact spaces -- compact spaces that -- most Idahoans drive trucks, as it was a recent statistic I saw, so I mean that is an option. That, actually, in conjunction with the doctor's only -- compact spaces, at least they are shorter cars and maybe they don't have to do a three point turn, but if you have got a doctor that has to drive the Suburban for the day, you got a problem getting out of that space, that's why we require backup areas. De Weerd: It's an option. Just a thought. Knopp: There is way of -- De Weerd: Then we go half and half, you know. Knopp: Well, we could -- I have a solution where we -- we cut this landscape area down and we move this area in tighter and closer in here, which we are doing away with some landscape here and here to accommodate more area here to back up in. I mean -- and, then, we are losing one car park in that scenario, but we are also losing I think valuable landscape and buffer area here. If and when this future building is built, whereas if the doctors -- and we signed this -- first of all, hopefully, I have designed this with adequate parking up front that no patients or clients go back into this area, it's strictly for employees and for the doctors. If we sign this doctors only and they are usually there when the practice is open for business, so I think that's a fairly good way of mitigating the fact that there might be somebody else parking in those two last stalls that might be inconvenienced on how they negotiate a back up on it. Nary: Mr. Mayor? Meridian City Council Meeting September 2,2003 Page 30 of 51 Corrie: Mr. Nary. Nary: I guess I didn't hear -- and since the P&Z is recommending it, that the loss of these two spaces has any impact on your ability to develop the site. It sounds to me like it's just a convenience to you. Knopp: Well, I don't think it's a convenience as it is a fact that parking can be a problem in developments, whether it's this one or other ones, a lot of times if we don't design to a higher standard in these areas, they do have problems with parking. The doctor can probably address that a little better than I can, as far as the number of patients and the number of employees that he has, so it's not a matter of it's a convenience or a luxury, it's a matter of making sure that we have enough on-site parking that accommodates potential patients and customers for this site. That's-- Nary: I understand all that. I guess what I didn't hear -- and since they had recommended eliminating it, is that the elimination of it somehow would violate our ordinance or would be prohibitive to you developing this site. I guess it's more from -- maybe c onven ience is the wrong word, but m ore from t he perspective 0 f you 0 r the doctors in developing this property and what you think you might need as to parking spaces is why you -- why we are taking a long time to talk about two parking spaces. Knopp: Well, I called and talked to -- along with the doctor called and talked to Brad Hawkins-Clark about signing these. He seemed to be very receptive to the idea. I thought we would get a little more support from the staff, but the reason I'm talking about it is because I'm not the one requesting it the owner is requesting it. Probably at this point in time, it would be better if I had the doctor come up and address his concerns about the parking stall. It's a matter that he feels he would like to have those two parking stalls to make sure -- excuse me -- to make sure that he's got enough parking to meet his needs. These four car parks here that I designed into it, it's, really, not on his -- on his parcel. These four are in a flag lot that comes back here to Lot 3, but they are there because 0 f this eg ress-ingress situation that was changed by the developer that was put on this lot. We had to go through previously and make a cross- connection easement agreement between this lot, this lot, and this lot, so that we had -- it was -- it used to be here. The developer had moved it up to this location, because of - - they had a development that was going to go in here, wanted it there, it got located there and, then, the development didn't go through, so now we are stuck with that situation on the egress. Anyway, those four car parks are sitting as bonus car parks for anybody who wants to park there. Nary: So, those are part of this plat, though? This is part of this development; is that -- Knopp: This will be improved with this development at this portion of time. Yes. Nary: Okay. Thank you. Meridian City Council Meeting September 2, 2003 Page 31 of 51 Knopp: Thank you. Corrie: Is the testimony you are about to give the Council the truth, so help you God? Gray: It is. Corrie: Okay. You name, please, and address. Gray: My name is Delmar Gray I'm the dentist that they are referring to. My address is 4500 Riva Ridge, Boise, Idaho. I can tell you from years in this business that I need parking stalls in order to conduct my business. I have the problem with a current office that we have in Boise where we have the standard required parking stalls, but there are times of the day w hen there are not enough parking places and I fear that that may occur here also. I know I cannot encroach on other people's parking. It might seem like a trite thing, but, in reality, by cutting out two parking stalls we may be cutting out someone's -- my ability to hire an employee or two. I feel that with these marked as doctors only, I'm sure that people would respect that. We are certainly aware of the parking situation. Twenty-five feet is plenty distance for me to pull it back and make the turn. We come at times of day when it's low traffic, it's a low traffic area anyway, and I'm not going to be holding up traffic. I think it's in our best interest and the best interest of all concerned that -- that we just have those parking places, rather than just waste them. I did go into the staff -- to Planning and Zoning. Anna was there, but you remember I came in and talked with Brad that day and he was very receptive to what I suggested and I -- and we submitted at letter to them. I was hoping he would be here to support that opinion. Evidently, he didn't discuss that with Anna. I think it's -- I think we can cut someone's job by just saying, no, you can't have those parking places, because I have to provide parking for patients, as well as staff. I'm willing to risk my vehicle's bumper, yes. Corrie: That's fine. How many patient chairs will you have in that clinic, doctor? Gray: Ten, 10 operatories and two dentists. At the minimum we will have 12 employees at one time. It could become more than that. You're cutting out -- if we lose those two, we are losing about a 10th of my parking stalls. Corrie: Okay. Council, questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Do you have any bike racks around your building? Gray: We do not. It would be a good idea. We could certainly accommodate that in the landscaped area behind the office. Meridian City Council Meeting September 2, 2003 Page 32 of 51 Nary: 00 you have any alternative transportation for your employees? Bus service treasure Valley Transit? .Any other alternatives so they all don't have to drive there? Offer incentives to your employees to provide other-- Gray: It isn't going to happen. j wish I did, but I don't think so. Nary: Okay. Well -- but I mean -- Gray: It would be nice. Nary: I guess if your only alternative is you lose a space you're going to not hire a person. All I'm saying is maybe there is other alternatives that you could consider. I mean I don't mind you having doctor parking, because I have a doctorate, too, so I guess I will have a place to park, but I don't think that's what you're talking about, but I guess I'm -- there is a little lack of creativity here. There is other ways to get people there and you can even, as Council Member de Weerd stated, turn one of those spaces into a half space, use it for bikes, and you have alternatives, you're right near large developments of people that aren't all going to have to drive there, they can ride a bike there. I mean I guess I think you're kind of short-sighted in what you're doing and saying it's only -- without that space one person is going to lose their job, seems a little bit harsh and I think there is probably better alternatives available. Gary: I have staff members coming i n from N ampa a nd a II 0 ver Boise, I just - - the public transportation isn't very accommodating to that area, according to the hours that they need to be there and stuff. It just isn't there, councilman, at this point. I can't ask -- most of my employees are females, I can't ask them to ride a bike to work. Is that what you're suggesting or patients? Nary: Sure. There are people that can ride a bike to work, whether they are males or females. Gray: I don't think that will -- Nary: Fine. Corrie: Questions? Okay. Thank you very much. Gray: Thank you. Corrie: Is there anyone else that would like to issue testimony? Okay. Powell: Mr. Mayor? Corrie: Anna. Meridian City Council Meeting September 2, 2003 Page 33 of 51 Powell: j might just comment on a couple of the comments, one by Mr. Nary. Right now they have 40 parking spaces. At complete build out of both buildings -- and keep in mind that only one building is approved for construction with this approval, but with the completion of both buildings, they still have three extra parking spaces. This does not take them below the minimum required by the zoning ordinance. If you consider just the building that they are approved, then, they are 15 parking spaces over what's required by the minimum. I did speak with -- regarding the comment made by the dentist -- I'm sorry, I forgot your name. Sorry. J did speak with Brad about this and I didn't get the feeling of support from Brad that that perhaps the applicant got. That might have just been a miscommunication, but I did talk to Brad about it. He had told me that they intended to do the doctor parking. Corrie: Thank you. Powell: That was all. Corrie: Anything else to say, Mr. Knopp? You have a chance one time here. Knopp: Mr. Mayor, Members of the Council, Councilman Nary, we do have bicycle parking, especially for the location as close to the school as it is. We do have connection of sidewalk here. This is improved, sidewalk, curb, and gutter here. We also are anticipating connection, the sidewalk back through here to this lot if and when that warrants connection so, we are providing that. We will have a bicycle rack in this area, of course, for -- for anybody that is riding a bicycle. That's almost a standard thing now that we put in and incorporate in the design, so that they do have a place for the bicycles. I do have another drawing, if -- and it can be accommodated, like I had indicated earlier, where we are losing landscape areas here and here, buffer area, to accommodate a -- like a three foot back up area in here for that -- that car back up, that negotiation, so -- thank you. Corrie: Thank you very much. Okay. Council, any further discussion for the Public Hearing? Oe Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess while we have the Public Hearing open, I would like to at least make a comment. Our parking standards are minimums and, certainly, we don't want to encourage mass areas of asphalt. I don't think at full out, plus three or plus five is an extraordinary amount of parking. I also appreciate that the owners, that they have a better feel for the type of parking requirements that their particular types of businesses have and I appreciate the sensitivity to it, because there is nothing worse than going to a doctor's office and not being able to find parking anywhere. Boy, I can just imagine me coming to his office and having to drive back there and find out there is still nothing back there and having to back all the way out. I don't know what to do on congested Meridian City Council Meeting September 2, 2003 Page 34 of 51 parking areas, but I do know that parking is a premium asset to any business and so I don't think what they are. trying to preserve is over and above anything that would be extraordinary and I would like to see if they could work with staff to maintain it. I don't think if t he alternate drawing and shifting some of the areas in that would constitute such a big change that we couldn't approve things tonight and just ask that they work out some of those issues. I think at least you can keep one of the two parking areas and still remain sensitive to the backing out issues that have been raised t because those are legitimate, too. That's just my comment. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'd probably agree. I think one -- [ think one is the best compromise you can get. I agree with Council Member de Weerd's earlier comment that you can take either one of those spaces, either the one that is adjacent to the sidewalk or the one that's the opposite side, turn that into a half a space, use that space for something else and use that as a back up area for one of those spaces. I'd hate to lose very much landscaping, but I know that we have -- there is probably adequateness to be able to remove of it, depending on that alternate, and work with staff on that, but, I'm sorry, I just can't see having those two spaces jammed right up against the edge of the property there, right up against an edge of a curb, with some landscaping next to it as adequate parking for a nybody. I think there is - - I think there is alternatives t hat a re probably better that we can give either the -- if we are going to approve this, that we approve it with one parking space eliminated from that back edge or with some alternatives, if they want to try to keep the space, that they can work with staff on the alternatives. Again, we haven't seen that. I don't have a problem with that. If they can't reach a resolution, then, they will have to either live with the one space or come back again. Yes, I don't -- I surely don't think there is an over-abundance of parking here. Some of it is driven by what they may want to do in the future. We don't know what that is anyway. I just don't think having the two spaces back to back like that in, it is going to be good at all. I think that's just a bad idea waiting to happen, so I think you need to eliminate one of them or look at alternatives and see if the staff is willing to approve those. Corrie: Any other comments from the Public Hearing? Then, I'll entertain a motion to close the Public Hearing. De Weerd: So moved. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on CUP 03- 033. All in favor say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting September 2, 2003 Page 35 of 51 Corrie: Further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I will attempt a motion to approve CUP 03-033, request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental. T 0 address the -- to include a II staff com ments, to add ress the two parking stalls at question, to retain one of the two by using the second one to provide a back up for it and the flexibility for the applicant to work with staff in gaining that one extra stall lost a nd a sk t he attorney to draw u p Findings 0 f F acts a nd Conclusions 0 f Law a nd Decision of Order. Nary: Second. Corrie: Okay. Motion has been made and seconded with the recommendation for approval. Any further discussion? Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. Approved with conditions. MOTION CARRIEO: ALL AYES Item 15. Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a martial arts I self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: Corrie: Okay. Item Number 15 is a Public Hearing. This is a request for a Conditional Use Permit, No 03-035, for a martial arts self defense establishment for children in a C- N zone for Karate For Kids by Petra, Incorporated, southeast corner of South Linder Road and West Franklin Road, and it has been asked that we delay that, because there was improper notification of the Public Hearing tonight. Is there anyone here tonight who was here to testify just for that? Okay. I would entertain a motion for the request to have the Public Hearing continued to a later date and allow the city to -- no? Berg: Excuse me, Mr. Mayor. Really, the Public Hearing is void, because they didn't post their property, so we just have to re-notice it and should I say start the re-noticing -- or the noticing process over with the mail outs, the public notice in the paper, and the posting. Try to get this tree legged stool standing again. Corrie: All right. Berg: So, we will just adopt if from there. Meridian City Council Meeting September 2, 2003 Page 36 of 51 Corrie: Just redo and -- okay. Mr. Attorney, do I have to have a vote or anything to do that? Nichols: Mr. Mayor, I think it would be appropriate to go ahead and just vote to reschedule this in accordance with the regular noticing and procedures. Corrie: Okay. Thank you. De Weerd: So moved. Corrie: Do I hear a second? McCandless: Second. Corrie: 0 kayo A II in favor 0 f t he motion says aye. 0 pposed no? A II ayes. Motion carried. MOTION CARRIED: ALL AYES Item 16. Public Hearing: PP 03-021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: Corrie: Number 16 is a Public Hearing, request for Preliminary Plat approval of 40 building lots and six other lots on 13.85 acres in an R-4 zone for Bear Creek NO.8 by Bear Creek, LLC. North of West Victory Road and east of Stoddard Road and it was requested to have -- by staff to have that -- this continued to October -- or, excuse me, September 9,2003. Is there anyone here that has -- that wanted to hear Public Hearing on this at this point? You can always come back next Tuesday. If you can't, we'll hear it. All right. Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Are you going to open the Public Hearing and, then, we will continue it? Corrie: Yes. I will. I just want to kind of get my ducks in a row here. Okay. I'm going to open the Public Hearing on Item Number 16, PP 03-021. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting September 2, 2003 Page 37 of 51 Bird: I would move that we continue t he Public Hearing P P 03-021, the request for Preliminary Plat approval. of 40 building Jots and six other lots on 13.85 acres in an R-4 zone for Bear Creek NO.8 by Bear Creek, LLC, to September 9,2003. McCandless: Second. Corrie: Okay. Motion to have the continuance of the Public Hearing until September 9, 2003. Any further comments? All in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 17. Public Hearing: AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Item 18. Public Hearing: PP 03-018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Item 19. Public Hearing: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Corrie: Item Numbers 17, 18, and 19 are all Public Hearings involving Silverstone Business Campus by Sundance Investments. Item Number 17 is a request for annexation and zoning of 80.51 acres f rom an R-1 to a C-G zone and Item 1 8, the request f or Preliminary Plat approval of 4 9 building lots and two other lots 0 n 80.51 acres in a proposed C-G zone for Silverstone Campus Subdivision. Item Number 19 is a Variance request 03-016, to minimum block length requirements for the proposed Silverstone Business Center. With hearing no objection from the Council, I would entertain that we can open all three at the same time, hear testimony on all three at the same time. Hearing no objections, I will open the Public Hearing on Item Numbers 17, 18, and 19, and invite staff comments. Powell: Mr. Mayor, Members of the Council, you have had forewarning that this project was coming before you with the request for the fee waiver on the second half of it and that does make this project a little complicated, so I will try and explain what's going on so far. This is immediately east of the existing Silverstone Development as you see it here. It connects -- this is our area of city impact boundary. There is one vacant lot currently on this property -- or intervening between the two as this developmental was approved down here, they did require a half a street at this location. There are no other connections. There was a connection put through on the Silverstone to access this Meridian City Council Meeting September 2, 2003 Page 38 of 51 property. Otherwise, there are no stub streets here or here. There is a wetlands issue that was mitigated witb the first Silverstone project in this area and ACHD is a co- applicant application -- or would be on the Final Plat, because they do own a portion of the property interior to the site for drainage. I believe that's that property right there. This is Overland Road. They are proposing two roads to access from there. This is their one stub street that they have got into Silverstone. It comes through and stubs to the vacant property to the east. This is the half road that stubs with the other half road down there that's been in place. These are rather long blocks. They are just shy of a half mile long and that's why you have the Variance request before you to exceed block length. The outstanding features on the site are, again, the wetlands issue, which is in this area here, the large Eight Mile Canal that bisects the property here. This would be the new ACHD storm water site. Instead of being over here, they have relocated it to the interior of the project. I believe they still have some wetlands mitigation going on in this area here. As understand it that goes down to about this area. Getting general nods of agreement from the developer, which I appreciate. Thank you. When this was reviewed for the annexation, zoning, and the Preliminary Plat, we originally thought that this would -- I just want to confess that there is some -- probably some mix up on staff's part in not requiring the PO application when it very first came in. I think we were thinking of the original Silverstone and their PO application. They wanted similar uses on this project and it wasn't until we started reviewing the project that had already been accepted that we realized that those uses were not allowed with the straight C-G zoning. We met with the applicant and we talked about some special use areas, buffering the east side of the property along here. We did acknowledge that some just straight commercial would probably be in this corner. You'd probably see a similar situation on the property developing next to it, so you wouldn't have residential there. This will likely be residential. We wanted some buffering in this Area A and the applicant wanted some flexibility in Area B to have larger uses that -- than what would be accommodated by the C-C zone -- or just the C-G zone. These are their typical elevations. Some -- the businesses that are currently in Silverstone, the first part. When we discovered that we needed the PO application, we did contact them, they did agree to submit it. They asked that we not hold up the Preliminary Plat and the annexation and zoning request and that's why they are not traveling together. We did request they get it into us as soon as possible and they have done that, so we feel we can address the use issues with the Planned Development separate from the platting issues and the annexation issues that are before you tonight. The only tricky part is that because of the long block lengths, although they would normally ask for an exception to those block length maximums through the PO process or they could, because the Preliminary Plat is coming to you before the Planned Development, they did have to do the Variance request. Staff has supported the Variance request. We believe there are natural constraints on the property, those being the limited number of stub streets provided in the original stub Silverstone, as well as down here, and the differing uses between the adjoining property, the residential nature over here, versus the industrial -- or light industrial and office uses as proposed in this area. We also acknowledge the fact that they do have a pedestrian connection along Eight Mile Creek that would serve to break up that block as far as pedestrians go, even though there is not a separate vehicular access. Staff has supported their Variance request. I think I'm going to leave Meridian City Council Meeting September 2, 2003 Page 39 of 51 it there for staff comments and let the applicant's representative talk to you more about the internal development of the site. Corrie: Thank you, Anna. Any questions of Anna at this time? Okay. Is the representative here this evening? Is the testimony you are about to give to the Council the truth, so help you God? Larsen: Yes, it is. Corrie: Name and address, please. Larsen: Cornell Larsen, 210 Murray Street, Garden City. I'm here this evening representing Sundance Investments on this project. We are in concurrence with staff's report and their findings that they have put in the document before you tonight and the only thing we were going to do is ask for a couple of items of consideration on those staff report items. The project itself has been well explained by staff. I'm not sure I can explain too much more to you than that, but we have tried to incorporate a project -- a portion of a project here that was ACHD's retention area. Move it more into the middle of the site and allow the interior roads to also use that retention facility. ACHO has been aware of that request and has agreed to participate in that -- in that move. That's one of the things I'd like to talk about tonight. We are not exactly sure what the size of that lot may become, as the drainage is designed for Overland Road. They are just in the process of doing that, so a couple of things we wanted to talk to you about were on ACHD items and requirements and one would be we'd like to see if you would give us a little flexibility on the size of this facility, so that as the design becomes a little more known and their engineers and our engineers check one another, that we have a little flexibility on the size 0 f that f acil ity for AC H 0, so that we don't g et them locked into something that doesn't work and have to come back and do some amended plats. The other issues have been access points. When we submitted this originally, we had a couple of streets here, a street there, and a street there, which is Jade and Topaz. We had asked for another curb cut in this area. It was left off of the engineering documentation. As we have gone back and supplemented the drawings when we figured that that was done, we made a request of ACHD to have a curb cut there, there, and a shared one down here, as well as the two roads. The commission had denied that request and had asked us to put one curb cut right here, a street there, and a street there. In addition to that, they also asked us to widen a portion of Overland Road, so it would have a turn lane in the center and a decel lane. It's our intention that that road would be -- or it was their intention that that road was scheduled in 2006 for improvements and so we were a little reluctant to do that. We have been meeting with ACHD to see if we could work an agreement that was done on Eagle Road over here with the W.H. Moore project and the Sundance project that would work across this frontage. In addition to that, we would like to see if you would give us some flexibility to work with ACHD on how we might improve the frontage along Overland Road on both sides. There are some residences on the north that there are some grade issues and some access issues. There is 11, I believe, separate residences there that take access to Overland Road and I think Mr. Mills is here tonight, he might also update or concur Meridian City Council Meeting September 2, 2003 Page 40 of 51 with what I'm saying or add input to this if you desire, but our intent is to try to work with ACHO to see if we can remedy some of those issues that are out there. We have some meetings scheduled next week to try to look at those issues and so our -- I guess our request would be that you -- as opposed to adopting ACHD's report exactly, that you also give us a little flexibility on how we might address the access and the issues along Overland Road and the curb cuts and the street improvements. We, really, wouldn't want to put in two lanes of pavement next year and have to tear it out in two years and I think the highway district is in concurrence with that, if we can figure out h ow to do some other optional items. In general, that is -- we are in concurrence with staff's report. We have got everything taken care of according to ACHD's, except for how we might handle the frontage on Overland Road. There is also another road that was -- a parcel of ground that was sold right here to Sutherland Farms that comes in and accesses this piece that was rezoned right in here, so there is another access point that would be constructed right there under the old Silverstone project. There would be another access point on Copper Point at that location. Other than that, I would be happy to answer any questions that you might have or-- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Cornell, Trevor Robertson from Sutherland Farms had written a letter to you on the 29th of August. Has that been taken care of? Larsen: Yes. He was concerned about a connection right here and I believe we amended our plat to reflect that request, which is this half street right here and I believe the name of it is Knapp. I think that's right. Knapp Street. It does line up with the portion that Sutherland Farms had created here and this was their bridge crossing location on the R idenbaugh Canal that would a Iso save - - 0 r, excuse me, serve this property here, as well as the Sutherland Farms property there. I think that we have addressed that. I also sent him a copy of this and told him that this was the plat that we had now filed with the city and it would -- had met the conditions of ACHD for this connection as well, so that has been taken care of, I hope. Bird: Thank you. Corrie: Any questions of -- Bird: I have none. Corrie: Thank you. Larsen: Thank you. Corrie: Is there anyone else from the public who wants to testify in favor of the project? Okay. Anyone from the public that would like to testify against? [have here Edward J. Meridian City Council Meeting September 2, 2003 Page 41 of 51 Thomas. Is the testimony you're a bout to give tot he Council the truth, so help you God? Thomas: It is. Corrie: Thank you. Name and address, please. Thomas: Edward J. Thomas. Call me Ted. 3820 East Overland Road, Meridian, Idaho. 83652. Corrie: Okay. Thomas: I am not against the project per se or any aspect of the project. I believe they should have every right to do what they need to do with their property. The original plat showed two access streets. There is no third approach. Over the last several weeks a third approach has been materialized. How that happened is not terribly relevant, but it is there on the Preliminary Plat. I would like the developer to work with ACHD. My good faith expectation was that Jade and Topaz would line up and that there would be no other access points. At the neighborhood meeting, which I was unable to attend, I had called the developer prior to that and asked him to -- some questions about water and stuff and most of my concerns were addressed satisfactorily. At that time they had a total of five access points and whittled it down to two in between Jade and Topaz that they would like to have another one, which is, coincidentally, directly across from my house. I would like them to work with ACHD. We have a safety problem on that road. I am one of the 11 on the north. There are safety problems in that, really, there shouldn't be the 11 on the north, but the houses arrived in '75 and they have been there ever since. Within the space of four hours today there were two wrecks on Overland Road one at Silverstone Phase 1 in their approach and the other east of me a couple of blocks. Traffic is a problem. Accidents are a problem. This is known. Today may be an unusual day, but we had two wrecks in the s pace of five hours, neither 0 f which caused injury, just property damage. One car was not too badly affected. One car was totaled. I have pictures of one of the wrecks, but I did not get them developed in time. I would like the developer to work with ACHD to mitigate some of these problems and I would encourage the Council to make sure that any further development mitigates these kinds of impacts and minimizes what is already a very funny problem for us. That is alii had. Corrie: Thank you, Mr. Thomas. Any questions? Bird: I have none. Corrie: Okay. Cornell? Questions about working with ACHO and that -- Cornell: Yes. We have discussed with ACHD some of the issues out there. Some of the issues include whether we can shift the road to the south, which requires relocating some power poles. Obviously, there are issues on the north side of the road with grade. Meridian City Council Meeting September 2,2003 Page 42 of 51 There is some fairly steep grades coming into the residential area right there and we have also been talking"with the -- I believe W.H. Pacific is the one that's contracted to do the sign work on that and we have had Pinnacle Engineers talking to them to see if we can make sure all of our approaches and grades coming into the Silverstone side don't cause a problem with the new design features for Overland Road. We will probably try to encourage them to reduce the grade along there, so we don't have such a steep drop off in the residential areas. Those are issues that we haven't had a chance to really sit down to try to discuss with ACHD to come to some resolutions on them, but we are extremely willing to work, as we were on Eagle Road. It took us a little while on Eagle Road, but everybody is -- we are finally seeing that activity happen and I think it will be great for the city and ACHD and the developers there. We are willing to sit down and do that and we have meetings scheduled next week to do that, to see if we can reach some resolutions on those issues. That's why I had asked for some flexibility on the conditions, so that we didn't get locked into them and have to come back and ask you guys to change them. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De W eerd: I guess my concern to that is as you work out those details, are those public? You know, are those open to comments from the neighbors and that sort of thing? You know, I guess from where we sit, when the details are not ironed out or there are some lingering things, that I feel more comfortable letting them be worked out, than writing them in as a condition, because you at least know that public process has been preserved. Larsen: Mr. Mayor, Councilwoman de Weerd, we have a reconsideration hearing coming up in front of the ACHD commission to see if there is a way that we can come to some resolution on some of the curb cut issues. The access, the width of the road, moving power poles -- there is a whole list of issues that are out there for us that we need to discuss, even as far as constructing the whole roadway section there with curb, gutter, and sidewalk, in an exchange for an impact fee offset agreement or something to that nature. We do have and have requested a reconsideration hearing in front of the ACHD commission, which would be open to the public, as well as we will certainly work with -- with the neighbors, if we know their concerns. We don't have a problem with that at all. We have talked to Mr. Thomas -- I did talk to him today on the phone. We were asked in the staff report from ACHD to position the curb cut across from a certain house and, unfortunately, maybe for him, but it was directly across from his house, they identified 3280 as the -- or 3820 or whatever it was, as the location for that curb cut location and we did show it there on our plat. Now, it could slide one direction or another. T here is a p ower pole h ere, so we have some flexibility on how we might address some of those concerns that might help the neighbors, but we need to be on same page as ACHO. If you merely adopted the staff report that ACHD has and added a simple sentence that said that we would have the opportunity to work out some of the access and street issues on Overland Road, I think that would help immensely, as well Meridian City Council Meeting September 2,2003 Page 43 of 51 as the storm retention issues for the pond. We would be bound pretty much by the staff report from ACHD if we can't get the issues worked out. We would be willing to proceed based on their staff report but we think we can do better than that. De Weerd: Well -- and I appreciate that and since there is public noticing, I guess that's one thing. Although, in other applications there is other mitigating conditions that we might place on it. If you place a curb cut that's directly in front of a residence across the street, sometimes developers will help at least shield lights -- car lights or by putting in a tree or, you know, there is different things. I don't think they do that at ACHO, it's generally been done here by the developer in trying to address those neighbor concerns and I guess that's what we would lose. Larsen: I think we could work with staff on that, as well as -- you know, like I said, we are willing to try to do anything we can to help the neighbor's concerns, if we can -- if we shift the driveway over, it doesn't actually meet ACHD's policies to align or offset, but it may work for the neighbor, because he's not directly across from that curb cut. Our intent was to try to be as flexible as we could and to get everybody involved. We did have several of the other neighbors at the neighborhood meeting that have some interest in seeing the road improved and they have given us our names -- or their names and numbers and we have encouraged them to contact the highway district and see if they can get some time to talk to them about the improvements that were scheduled on that road in 2006. We would like to see it moved up as quickly as possible, the improvements to that street. I think if they just get improved the way the highway district has it currently envisioned, a lot of their -- lot of -- they are going to have a lot more issues than would be currently there if we worked it out. We'll figure out a way to work it out with everybody, try to minimize some of those impacts, because ACHD would just be on a straight line across the front of their yard and if we can figure out a way to offset it or change it or make it better, then, we'd like that opportunity. Corrie: Cornell, I'm a little dense sometimes, but you have two now -- entrances; right? Larsen: We have three entry points approved from the highway district right now. Corrie: Okay. It would be the -- I don't remember which one is which, but it would be Jade and Topaz and, then, the one that's right there. This is the one that is of concern to Mr. Thomas, because it's directly across from his driveway and that was our requirement was to align with the driveway on the north at that address and that's how we positioned it when we put that plat together. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Cornell, that's just a curb cut, though, into that front row of-- Cornell: Yes. It's not a street approach, it's a -- Meridian City Council Meeting September 2, 2003 Page 44 of 51 Bird: It's not a street. Cornell: It's just a curb cut approach. Corrie: Okay. Cornell: Yes. Corrie: Mr. Nichols, did you have -- Nichols: Mr. Mayor, a couple questions. Mr. Larsen, have you received a date for that reconsideration hearing? Larsen: Let me ask Mr. Mills, but I do not believe that we have. No. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, the second issue on the storm water retention area, are you asking to change the dimensions of the lot? Larsen: M r. Mayor, Mr. Nichols, I think that we might need t hat flexibility as we get farther into the design, but it may be something we could do a lot line adjustment on or modify it. We probably would start the Final Platting procedure and we would work with ACHD's engineers on trying to determine the exact size for that facility and there has been quite a bit of work done on it when it was over on the other site. We think we have that pretty well under control, but it would be nice if we had a little flexibility on the size of it. Nichols: And, Mr. Mayor? Mr. Larsen, would the storm water retention pond be landscaped like the other-- Larsen: Mr. Mayor, Mr. Nichols, yes, our intent was to provide landscaping around that and it was the developer's intent to maintain and take care of that. They have one -- a similar one in one of their projects up at Black Eagle that they have grassed and the bottom of it retains some sand, some -- what do I want to call it, wetlands type of vegetation. In general, they do mow, maintain, and take care of that ACHO facility, they would do the same here, and we have talked to staff and to the Parks Oepartment about that that would our intent. Nichols: Okay. Thank you. Powell: Mr. Mayor? Meridian City Council Meeting September 2, 2003 Page 45 of 51 Corrie: Anna. Powell: I neglected to address one other issue, so while Cornell is up there, I will bring it up. At the ACHD hearing Commissioner Eastlake, I believe, brought up the point that our Comprehensive Plan does call for collector roads on the half-mile. This is a half mile section line right there, so this road would approximate that collector system. Her main concern was that the current street section does not show a bike lane. Planning and Zoning -- this issue was brought up to them, it did not become a discussion item, and so we still don't have direction on whether or not a bike lane would be appropriate. Since this project appears to be going back to ACHD for review, now would be a good time to chime in on whether or not a bike lane would be appropriate along that road. Larsen: Mr. Mayor, if I might address that just a little bit. W hen we looked at the Comprehensive Plan, this boundary was pretty much the boundary for the mixed-use project under the Comprehensive Plan. This area over here was scheduled for residential. At some point in time this road would extend and could go either way and it seemed like to us that it would be more appropriate to have the bike lane in the residential zone, than in the commercial zone, and that was our reason for doing it as a commercial -- local commercial street, as opposed to a collector section. Corrie: Any other questions? Okay. All right Thank you. Larsen: Thank you. Corrie: Council, any discussion? Any questions on the Public Hearing? Silence is golden here, so I will entertain a motion, then, to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we close the Public Hearings for AZ 03-016, the annexation and zoning of 80.51 acres from R-1 to C-G zones for the proposed Silverstone Business Campus. Also Public Hearing PP 03-018, the request for Preliminary Plat approval of 49 building lot and two other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision. Also Public Hearing for V AR 03-016, the request for Variance to maximum block length requirements for proposed Silverstone Business Park by Sundance Investments, southeast corner of East Overland Road a nd South Eagle Road. Corrie: Okay. I have a motion to close the Public Hearing on the three items. Is there a second to that? Nary: Second. Meridian City Council Meeting September 2, 2003 Page 46 of 51 Corrie: A second has been made. Any further discussion? All in favor of the Public Hearing, closes say aye. ,Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Okay. Comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'd only have one comment and I'm not really sure that there is any particular thing, other than a comment that's being sought on the bike lane issue. I think that's -- is that right? Yes. I mean I guess I'm not necessarily a big bike lane advocate, but I do think people need to think of bike lanes as more than just residential conveniences. Anybody that's ever been on the greenbelt between about 6:30 in the morning a nd a bout 8 :30 in t he morning would know t hat lots 0 f people ride bikes to businesses and so, certainly, t here are businesses inS ilverstone t hat I think can be conducive to alternate transportation, can be supportive of alternate transportation and so the highway district feels that bike lanes are appropriate in this business park. I think they can be used. Whether that's the only bike lane in that area, that's up to them, but I certainly think that there are many alternatives to getting people around here. I think even within about a mile and a half of this site there is a park and ride lot, so you could even have people that drive to that park and ride lot to park and can ride their bikes into this area, eventually, when the roadway is improved. I just there is -- probably needs to be some thought as to how that can be done. I recognize that in residential areas it's probably a great convenience as well, but I think in business parks they certainly can be useful as well, but -- for what that's worth. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no more comments, so not to sit here. I move that we approve AZ 03- 016, request for annexation and zoning of 80.51 acres from R-1 to C-G zones for the proposed Silverstone Business Campus by Sundance Investments and incorporate staff, applicant, public testimony, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Meridian City Council Meeting September 2, 2003 Page 47 of 51 Nichols: Mr. Mayor, maybe perhaps it's not in the annexation and zoning, it might be in the Preliminary Plat one, but you need to specifically address the issue of the ACHD comments and the incorporation of those comments, because, typically, we do incorporate them into the -- into the findings. We -- if there are any issues with which you want the applicant to have flexibility or, to play the Devil's advocate, to be at the mercy of the ACHD's decision makers on some point or in some fashion, then, you need so specify in the motion. Corrie: Mr. Counselor, do you want that in the preliminary or annexation? Bird: I was going to say. I think that would be the preliminary, wouldn't it? Nichols: Well, Mr. Mayor, Members of the Council, again, we usually -- ACHD has comments that they submit in connection with the annexation application as well and we -- so, to the extent that they deal with drainage, bike lanes, or curb cuts on Overland, I'd ask you to specifically tell us how you want those to be done. Bird: Discussion, Mr. Mayor. I don't -- in the annexation and zoning, I had planned, if I had made the motion on the Preliminary Plat, to have that in and -- on that kind stuff on that, but annex and zoning -- annexation and zoning, I don't -- would you -- you wouldn't want to add that in as conditions on that, would you? Corrie: You could. ACHD comments into to, I guess. Bird: Well, you can do ACHD comments, but I am -- I'm one that -- and the previous Council that I sat on was the same way, is, yes, bike lanes are nice in certain areas, but I don't think Overland Road or Pine Street or some of these are the ideal place to put a bike lane. I think they are more dangerous than they are safe. We had a couple of commissioners on there that disagreed, but, you know, I -- so I think bike lanes are very nice if they are in the right place. Sure, the greenbelt is an ideal place to ride bicycles. I have done it a hundred -- you know, put a lot of miles on down there, but riding down Pine or Overland Road, I'd prefer not to be on a bicycle. So -- but I don't know what that has to do within annexation and zoning. I really don't -- Corrie: It's your motion. Bird: I would change my motion, if the second would agree, that any comments from ACHD regarding annexation and zoning be incorporated also. McCandless: Second agrees. Corrie: Okay. Does that seem reasonable, counselor? Nichols: Mr. Mayor, Members of the Council, just to make sure I understand -- Meridian City Council Meeting September 2, 2003 Page 48 of 51 Corrie: Okay. All right. Nichols: If I understand correctly, the motion and the second indicate that if any of the conditions of the ACHD a pproval of the annexation a nd zoning, if there are some, if those change, that you accommodate those changes; is that correct? Bird: I agree. Corrie: All right. Thank you. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I have got a question for counsel. Don't we have to do the Variance before we do the Preliminary Plat, because if we don't approve the Variance, the Preliminary Plat will be no good? Nichols: Yes. Bird: Okay so, do you want me to go ahead -- Corrie: VAR 03-016. Variance. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the VAR 03-016, request for a Variance to maximum block length requirements for the proposed Silverstone Business Center by Sundance Investments. Southeast corner of East Overland Road and South Eagle Road, to incorporate staff, applicant comments, also incorporate ACHO's, with the exception of requiring bike lanes on those two roads, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting September 2, 2003 Page 49 of 51 Corrie: Okay. Motion approved. MOTION CARRIED: ALL AYES Bird: Now, here is the -- Corrie: Okay. Now here comes the big one. Bird: Here is the one and then, if I -- help me out, Council, if I get off base. Corrie: Well, we keep you on the straight and narrow. Bird: I move that we approve PP 03-018, request for Preliminary Plat approval of 49 building lots and two other lots on 80.51 acres in a proposed C-G zone for the proposed Silverstone Campus Subdivision by Sundance Investments. Southeast corner of East Overland Road and South Eagle Road, with staff, applicant's, public testimony incorporated, A CHD comments incorporated, with allowing t he a pplicantt 0 work with ACHD regarding curb cuts, the exact size of the drainage deal, and to work in conjunction with our staff on those Variances. Also for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Have I left anything out? McCandless: Second. Corrie: I believe that Mrs. McCandless thinks you did an excellent job. Bird: Okay. Mr. Nary, did I leave anything out that you could think of? Nary: No. I think you got it. Oe Weerd: Mr. Mayor? Corrie: Further discussion? De Weerd: Just if you can give staff flexibility, as Mr. Cornell had mentioned, that if there needed to be some work done with the neighbors to mitigate where the curb cut is, that they can work with our staff. Bird: I put the staff in there. They are, actually, working with ACHD, is who will determine that and that's what they are having a meeting for. De Weerd: That's as far as the curb cuts go, but if they do it across -- Bird: They can work with our staff. You bet. Meridian City Council Meeting September 2, 2003 Page 50 of 51 De Weerd: Yes. Bird: That's what my motion said. De Weerd: Okay. Corrie: Okay. Any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Item 20. Ordinance No. /2004 Fiscal Year Budget: : Annual Appropriation of 2003 Corrie: Thank you. That wasn't too complicated there, coach. You did a good job. All right. Last is Ordinance Number 03-1041, the Annual Appropriation of 2003/2004 Fiscal Year Budget. At this time I'd like to have the City Clerk read Ordinance 03-1041 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1041, an ordinance providing for the adoption of a budget and the appropriation of expenditures of funds of money to defray the necessary expenses and liabilities of the City of Meridian in accordance with the object and purposes and in certain amounts herein specified for the fiscal year beginning October 1, 2003, and ending on September 30, 2004, to provide for the waiving of the second and third readings pursuant to the Idaho Code 50-902 and providing an effective date and the filing of a certified copy of this ordinance with the Secretary of State. Corrie: Thank you. Is there anyone from the public that would like to have Ordinance No. 03-1041 read in its entirety? Hearing none, I will entertain a motion on the ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance 03-1041, the Annual Appropriation of 2003- 2004 Fiscal Year Budget with suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved for the order. Meridian City Council Meeting September 2, 2003 Page 51 of 51 MOTION CARRIED: ALL AYES Corrie: That wraps this up on the agenda. I would like to request Council, if they would like to come by my office between now and next Tuesday, I'd like to talk to you. I may not be here the 16th meeting. One of our employees is getting a special award, which is -- I can't discuss it here, but I would like to talk to you, so that you know about it. With that being s aid, I w ill entertain a motion to close the City Council meeting, if you so desire. De W eerd: So moved. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. All in favor say aye. Opposed no. All ayes. MOTION CARRIED: ALL AYES Corrie: At 9:40. MEETING AOJOURNEO AT 9:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 1/lb/O] DATE ATTESTED:~~.~ WILLIAM G. BERG, JR., ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 09/22103 (-".7 PM DEPUTY Joanne Hoopb. RECORDED - REQUEST OF MERIDIAN CITY AMOUNT .00 9 1111111111111111111111111111111111111 103160746 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF AN UNUSED SEWER ) EASEMENT ON LOT 2, BLOCK 1 FOR PACK) IT UP SUBDIVISION, LOCATED NORTH OF ) EAST OVERLAND ROAD, APPROXIMATELY) ONE HALF MILE WEST OF SOUTH EAGLE ) ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) PINNACLE ENGINEERS, INC. APPLICANT. C/C 08/05/03 C/C 09/03/03 CASE NO. V AC-03-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF AN UNUSED SEWER EASEMENT This matter coming on regularly before the City Council at its regular meeting held on August 5, 2003, and continued until September 2,2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and David McKinnon, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision - V AC-03-003 PAGE 1 OF 9 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. S 50-1325}. 2. The vacation of easements were accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. 9 40- 203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile ofthe boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. S 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code SS 12-10-1 A and Band 12-10-2 A and B it provides as follows: Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision - V AC-03-003 PAGE 2 OF 9 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication ofland, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Pinnacle Engineers, Inc., on behalf of Overland Storage, LLC, filed a petition for the vacation of an unused sewer easement on Lot 2, Block 1 in Pack It Up Subdivision, and which easement runs north and south through the middle of the Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision - V AC-03-003 PAGE 3 OF 9 lot and on the southern boundary of the lot, and travels east and west like an inverted "T",.and which sewer easement was placed in its current location when the property was originally subdivided and the intent was to place mini-storage units on Lot 2, Block 1. Sewer for the subdivision was to be brought in from the north, through Lot 2, Block 1 (within the easement) to the lots with Overland frontage. The mini-storage units were never completed and sewer was never installed within the easement. The sewer main will not be needed within the easement to service the lots within the subdivision, thereby eliminating the need for the existing easement. Sewer service will be provided to these lots via mains located within Overland Road. The elimination of the sewer easement will facilitate the future construction of a building on Lot 2, Block 1. 2. The legal description of the existing unused sewer easement, is the subject of this petition, is: Pack It Up Subdivision A sewer and water easement to be vacated as shown in Lot 2 Block 1 of Pack It Up Subdivision as it is recorded in Book 84 at Page 9360 of Plats located in a portion of the 8El/4 of the SEl/4 of8ection 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more described as follows: Commencing at a Y2 inch rebar marking the 8E comer of Lot 1 Block 1 of said subdivision; thence NOo028'51" E a distance of 165.79 feet to a Y2 inch rebar marking the NE comer of said Lot I Block 1; thence NOo028' 51" E a distance of 11.00 feet to the POINT OF BEGINNING; Thence N89031 '09" W a distance of 199.44 feet to a point; Thence NOo028'51" E a distance of20.00 feet to a point; Thence 889031 '09" E a distance of 57.83 feet to a point; Thence NOo028'51" E a distance of6.00 feet to a point; Thence S89031 '09" E a distance of20.00 feet to a point; Thence 800028'51" W a distance of 6.00 feet to a point; Thence 889031 '09" E a distance of 111.01 feet to a point; Thence NOo028' 51" E a distance of 6.00 feet to a point; Thence 889031 '09" E a distance of 13.16 feet to a point; Thence NOo028'51" E a distance of341.92 feet to a point; Thence 868022'27" E a distance of21.44 feet to a point; Thence SOo028'51" W a distance of340.19 feet to a point; Thence 889031 '09" E a distance of74.84 feet to a point; Thence NOo028'51" E a distance of 6.00 feet to a point; Thence 889031 '09" E a distance of 20.00 feet to a point; Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision - V AC-03-003 PAGE40F9 Thence SOo028'51" W a distance of 6.00 feet to a point; Thence S89031 '09" E a distance of 88.00 feet to a point; Thence N00028'51" E a distance of 6.00 feet to a point; Thence S89031 '09" E a distance of20.00 feet to a point; Thence S00028'51" W a distance of26.00 feet to a point; Thence N89031 '09" W a distance of225.39 feet to the POINT OF BEGINNING. Said easement contains 15816 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. 3. The particular circumstances of the requested vacation is: Pertaining to an unused sewer easement on Lot 2, Block 1 in Pack It Up Subdivision, and which easement runs north and south through the middle ofthe lot and on the southern boundary of the lot, and travels east and west like an inverted "T", which sewer easement was placed in its current location when the property was originally subdivided and the intent was to place mini-storage units on Lot 2, Block 1. Sewer for the subdivision was to be brought in from the north, tlrrough Lot 2, Block 1 (within the easement) to the lots with Overland frontage. The mini-storage units were never completed and sewer was never installed within the easement. The sewer main will not be needed within the easement to service the lots within the subdivision, thereby eliminating the need for the existing easement. Sewer service will be provided to these lots via mains located within Overland Road. The elimination of the sewer easement will facilitate the future construction of a building on Lot 2, Block 1. 4. The applicant shall obtain notarized approval of the easement vacations from affected entities. 5. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (3001) ofthe boundaries ofthe area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 6. All publication costs have been paid by the petitioner. 7. The elimination of the sewer easement will facilitate the future construction of a building on Lot 2, Block 1. 8. The Nampa & Meridian Irrigation District requires that all laterals and waste ways be protected. The District's Nine Mile Drain courses along the east boundary of Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision - V AC-03-003 PAGE50F9 the project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 9. The State of Idaho Transportation Department notes that Interstate 84 is designated as a Type V access control. Type V access is applicable to state highways accessible only by interchanges. No access to Interstate 84 wiII be granted. Any change in access requires approval by FHW A. DECISION AND ORDER OF VACATION OF AN UNUSED SEWER EASEMENT NOW~ THEREFORE~ BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION~ the City Council does hereby ORDER and this does ORDER that: 1. The following is the legal description ofthe existing unused sewer easement, of the proposed Pack It Up Subdivision, and is hereby vacated: Pack It Up Subdivision A sewer and water easement to be vacated as shown in Lot 2 Block 1 of Pack It Up Subdivision as it is recorded in Book 84 at Page 9360 of Plats located in a portion of the SE1I4 ofthe SE1I4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more described as follows: Commencing at a Y2 inch rebar marking the SE comer of Lot 1 Block 1 of said subdivision; thence NOoo28'51" E a distance of 165.79 feet to a V2 inch rebar marking the NE comer of said Lot 1 Block 1; thence NOoo28' 51 " E a distance of 11.00 feet to the POINT OF BEGINNING; Thence N89031 '09" W a distance of 199.44 feet to a point; Thence NOoo28'51" E a distance of20.00 feet to a point; Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision - V AC-03-003 PAGE 6 OF 9 Thence S89031 '09" E a distance of 57.83 feet to a point; Thence NOo028'51" E a distance of6.00 feet to a point; Thence S89031 '09" E a distance of 20.00 feet to a point; Thence S00028'51" W a distance of6.00 feet to a point; Thence S89031 '09" E a distance of 111.01 feet to a point; Thence NOo028' 51" E a distance of 6.00 feet to a point; Thence S89031 '09" E a distance of 13.16 feet to a point; Thence NOo028' 51" E a distance of 341.92 feet to a point; Thence S68022'27" E a distance of21.44 feet to a point; Thence S00028'51" W a distance of340.19 feet to a point; Thence S89031 '09" E a distance of 74.84 feet to a point; Thence NOo028'51" E a distance of6.00 feet to a point; Thence S89031 '09" E a distance of20.00 feet to a point; Thence S00028'51" W a distance of 6.00 feet to a point; Thence S89031 '09" E a distance of 88.00 feet to a point; Thence NOo028' 51" E a distance of 6.00 feet to a point; Thence S89031 '09" E a distance of 20.00 feet to a point; Thence SOo028'51" W a distance of 26.00 feet to a point; Thence N89031 '09" W a distance of225.39 feet to the POINT OF BEGINNING. Said easement contains 15816 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. 2. The petition for the vacation of an existing unused sewer easement, is hereby granted. 3. The City Clerk shall cause a copy ofthis order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision - V AC-03-003 PAGE 7 OF 9 City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ~ action of the City Council at its regular meeting held on the ! 6~ay of d 0/J-Ic-nv6vv ,2003. , ROLL CALL COUNCILMAN BIRD VOTED fP- VOTED ~ VOTED /J1J~ VOTED ~Pv - VOTED COUNCIL WOMAN deWEERD COUNCILWOMAN Mc CANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9-/ p-tJ3 Attest: I I II \ 111 J \\\\ C ,....\'\ _I Q. " ~, $' c} ,?-PORA ~ cP "I~ ff ~ 0 detu.e.e~ "'" r ...~ -:;'f0' {Jt7U--nM ;JreJ/de/d" SEAL f'} _ - ~ q"O::: ~ - Q(fc '" 0 ~ ~,^ Sr 1 Si ' -<' ~ " VI...,. t.,,; ..::- "/"''' - Y ('\ \'0'\ - ...." Findings of Fact and Conclusions of Law and OYder Orl01T'( , 11\\\\\\ of Vacation for Pack It Up Subdivision - V AC-03-003. ...' \ PAGE 8 OF 9 Copy served upon Applicant, the Planning and Zoning Department, Public Works Depa$lFte't\!lltIJIIIIII . \\\ Or.:: p ar-:/y< II and CIty Attorney. ",,"\--t. r ,\I'..... tfb&;,/:~;.., " c} ~P"'lf),"" 1,1,> '/ ~ 00'0 ......, ;'./1" }\<..... ...... ~~;.. 2 -if "0 '.:: By~A-~/F City Clerk DATED: ?)'-!/;-(}f SEAL - & ~ (,;"..., ..C!i :::: -- ~u. ~'O ' ~ 70 'Sr 1S\ . ~~.;- ~ ~ ^~ ...' // "., C '{v ,," ....../111 OUNT'l . \\\\'>' 11///1101111\\\\\ STATE OF IDAHO, ) : ss. County of Ada. ) On this M day of gtfMf/v1A.m ,2003, before me, the undersigned, a Notary Public in and for said State, pt;nally appeared RODEBJ,: D. C~IBand WILLIAM G. BERG, JR., known to me to be th~ Mayop;: aI!9 Cjty Clerk, respk%tt\r~~ort~'City of Meridian, Idaho, and who executtd11i~WftliiJ{triWnfment, 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) s'tammli2.- ... N S.O'Il'. .. ._--__.A;~. .. ,.. TA ;;,"$~").", .'" ;~ 0 - "'f'( ).~"f':/.. .~,' "'V - .;yl'^ lIo II I \ I> II , ~ . . I I .. D tIll tiI \ J .. . \ } .. o. cK....fVBt.\C../O./1 .... ~?;,---..;; ~"," .o:'4Q1? ~ 0'" ."11...... 2har/Y\ (~~ Notary Public for Idaho Conunission Expires: 'f - Zg -oG Z:\Work\M\Meridian\Meridian I 5360MIPack It Up Subdivision V AC-03-003\FfCIOrdVacUnusedSewerEasemt.doc Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision - V AC-03-003 PAGE 9 OF 9 BEFORE THE MERIDIAN CITY COUNCIL C/C 08/12/03 C/C 09/02/03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 11 ACRES FOR ) PROPOSED THE COURTYARDS ) AT TEN MILE SUBDIVISION, ) LOCATED AT THE SOUTHEAST ) CORNER OF W. PINE A VENUE ) AND N. TEN MILE ROAD, ) MERIDIAN, IDAHO ) ) DOUG CAMPBELL/TOM BEV ANI ) DTE DEVELOPERS, ) APPLICANT ) Case No. AZ-03-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on August 12,2003 and continued until September 2, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Rod Ralphs, Bruce Mills, Clayton Lyle, Bob Fuller, David Fuller, Joe Derosier, Irma Atkinson, William Lind, Laura Wilder, Jackie Cooper, Julie Schultz, Brenda Ball, and Tracey Garner, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN I\1ILE - (AZ-03-009) PAGE 1 OF 21 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 11 acres in size and is located at the southeast corner ofW. Pine Avenue and N. Ten Mile Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The parcel ofland is contiguous to the existing city limits of the City of Meridian. 5. The owner of record of the subject property is Anthony and Tracey Garner, 680 N. Ten Mile Road, Meridian, Idaho. The applicant is Doug Campbell/Tom BevanlDTE Developers, 1661 Shoreline, Boise, Idaho. 6. The property is presently zoned RUT (Ada County) and consists of rural residentiallagriculturalland. 7. The Applicant requests the property be zoned as R-15 (Medium High Density Residential) and C-N (Neighborhood Commercial). 8. The subject property is bordered to the north by residential and offices uses (zoned R-15 and L-O), to the south by the proposed Central Valley Baptist Church, to the east and west by agricultural land (zoned RUT). 9. The Applicant proposes to develop the subject property in the following manner: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 2 OF 21 31 building lots and 5 other lots on 11 acres. 10. The Applicant requests zoning of the subject real property as R-15 and C-N, which are consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use - Community. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns ofIrma Atkinson in her email dated September 1,2003, and Julie Schulz in her email dated September 2,2003. 13. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING COMMENTS 1. Remove any existing domestic wells and/or septic systems within this project fi:om their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement will be required as part ofthis annexation request. B. Adopt the Ada County Highway District's Recommendations as follows: Site Specific Conditions of Approval 1. Ten Mile Road, including the signalization of the intersection ofTen Mile RoadlPine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN :MILE - (AZ-03-009) PAGE 3 OF 21 right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase ofthe above-mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way along Ten Mile Road and 45-feet ofright-of-way tapering to 37-feet along Pine Avenue, and construct a minimum 5-foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. 2. Construct a right-in/right-out driveway on Ten Mile Road located approximately 230-feet south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36-feet) and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Coordinate the design of the right- in/right-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and 5-foot sidewalk within 54-feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 4 OF 21 approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes ofthis should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with a minimum area of 1 DO-square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of-way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50- feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. 9. 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 dan1aged 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGES OF21 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 #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 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. * Additionally, the City Council requested that the neighbors to this project have a meeting with the ACHD Commission to speak out about their traffic concerns, the information below is what came out of the ACHD August 27,2003 meeting: The application for The Courtyards was approved by ACHD in May and therefore the item could not be re-heard, or additional requirements added. The ACHD Commission listened to the public concerns during "Public Communications" at their meeting on August 27th. Two residents testified with traffic concerns, two residents e-mailed concerns, and two residents discussed their concerns over the phone with staff. The ACHD Commission directed staff to send a letter to the Council, informing it of the discussion. The applicant notified the Commission that they are proposing to construct the following (in addition to the ACHD requirements): FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICA TJON FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 6 OF 21 · Construct an additional lane on Pine Street at the intersection ofTen Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut-through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. · Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. · Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection, abutting the church site. The applicant is working with the church owners to provide a continuous sidewalk from Pine Street to the north. While ACHD is not requiring these improvements, the District supports the applicant's proposal and finds that these improvements will help alleviate the back up that occurs near the intersection. Under the current conditions, and under build-out conditions of this development, a signal is not warranted. The intersection ofTen Mile Road and Pine Street is in the Five Year Work Program for widening, and for signalization. ACHD is working with the Thundercreek residents to review their concerns regarding existing cut-through traffic and speeds in the neighborhood, and is currently taking traffic counts and conducting speed studies. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 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 thru the Public Works Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING THE COURTYARDS AT TEN :MILE - (AZ-03-009) PAGE 7 OF 21 combustible construction begins. UFC 901.4.2 & 901.3 7. 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. 8. The fire department requires that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developei. 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all lots. E. Adopt the Recommendations ohhe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FlNDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 8 OF 21 F. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows; 1. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side of Ten Mile, not the east side. 2. The developer shall be required to construct the following: · Construct an additional lane on Pine Street at the intersection of Ten Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut-through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. · Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. · Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection, abutting the church site. 3. For clarification, the developer proposes to phase the project construction. The first phase shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. 14. It is found that the requested zoning designation, R -15 and C- N, are harmonious with and in accordance with the effective Comprehensive Plan C02) and the Generalized Land Use Map, which designates the land to be "Mixed Use Community". 15. The area has been designated as a Mixed Use Community area in Meridian's Comprehensive Plan and is located just north of a potential Transit Station that has been identified in the Comprehensive Plan. These Comprehensive Plan designations in combination with the L-O and R-15 zoning directly north of the subject property make the proposed zoning of the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN WLE - (AZ-03-009) PAGE 9 OF 21 ( compatible with surrounding land uses and the City of Meridian's plan for the development of the area. 16. It is found that the proposed uses are compatible with the existing and intended character of the area. The Comprehensive Plan designates the area as Mixed Use Community; the proposed mixture of residential, retail and commercial uses are compatible with the Comprehensive Plan designation. It is also found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. 17. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. Special attention will need to be paid to protect the existing agricultural uses to the south. 18. It is found that the subject property can be served adequately by all essential public facilities and services. Sanitary sewer service will be via a temporary private lift station being installed as part of the Mosher's Farm project. 19. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed uses will create additional traffic, especially on Ten Mile Road and Pine Avenue. However, it is not believed that the increase in traffic will be excessive. It is not anticipated that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 21. It is found that the two proposed vehicular approaches on Ten Mile Road and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONlNG THE COURTYARDS AT TEN MILE - (AZ~03-009) PAGE 10 OF 21 proposed vehicular approach on Pine Street should not appreciably interfere with traffic on the surrounding streets. 22. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. 23. It is found that the annexation of this property would be in the best interest of the City by providing a variety of housing types, an innovative subdivision layout, and the addition of employment opportunities. 24. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 13, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 25. It is also found that the development considerations as referenced in Finding No. 13 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGEl] OF2l CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may atmex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The zoning of(R-15) Medium High Density Residential and (C-N) Neighborhood Commercial are defined in the Zoning Ordinance at S 11-7-2 E and H as follows: (R-15) Medium Hi2h Density Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. AND (C-N) Neh!hborhood Business District: The purpose of the C-N District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 12 OF 21 businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential-districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 11 acres to Medium High Density Residential (R-15) and Neighborhood Commercial (C-N), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 11 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FORANNEXATJON AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 13 OF 21 the provisions ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXA nON AND ZONING COMMENTS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement will be required as part ohhis annexation request. B. Adopt the Ada County Highway District's Recommendations as follows: Site Specific Conditions of Approval 1. Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way from the centerline ofTen Mile Road and 45-feet ofright-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, iffunds cannot be secured for the purchase of the above-mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet ofright-of-way along Ten Mile Road and 45-feet ofright-of-way tapering to 37-feet along Pine Avenue, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN :MILE - (AZ-03-009) PAGE 14 OF 21 construct a minimlUll 5-foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. 2. Construct a right-in/right-out driveway on Ten Mile Road located approximately 230-feet south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36-feet) and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. Coordinate the design of the right- in/right-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and 5-foot sidewalk within 54-feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of-way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes ofthis should be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 15 OF 21 7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50- feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 16 OF 21 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 subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 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 thru the Public Works Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. 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. 8. The fire department requires that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGEl? OF21 response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width 0[20' available at all times. UFC 902.2.2.1 D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all lots. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run~offis not to c~;>ate a mosquito breeding problem. 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their September 2,2003 meeting as follows: 1. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side of Ten Mile, not the east side. 2. The developer shall be required to construct the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 18 OF 21 . Construct an additional lane on Pine Street at the intersection ofTen Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut-through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. . Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. . Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection, abutting the church site. 3. For clarification, the developer proposes to phase the project construction. The first phase shall consist of resiaential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-15) Medium High Density Residential District and (C-N) Neighborhood Commercial and Meridian City Code ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 19 OF 21 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /61!= day of -So/~~ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~4..- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCIL WOMAN CHERIE Mc CANDLESS VOTED ;n~ COUNCILMAN WILLIAM L.M. NARY VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN J\.1ILE - (AZ-03-009) PAGE 20 OF 21 i " { - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9.-:-/ ,G-&3 VOTED MOTION: APPROVED: x DISAPPROVED: \ \\. 'I, ",\\ l>'''..P'" /- Attest: ,....." ~...t, -. 1;(..1/,,: ;' ,., A.Jee.r-d-- ,,' POR ".. ... (j ~(p?- }-"l 1<:0 C}~ Wtt/7I-ub I'reJi~ SEAL :: & - -;; Q ,C!> 0:::: ~ "'1^ USr 15\ ' ..:f- .? "/ v...., b. .... ~ '1 \Q\..;;:...... //IIIII,COUNT'f . \\""..... . . III/-J,.JIU~H\\~\ mllW)IUij, Copy served upon Apphcant, the Planmng and Lorn g lJepartment~,~u[jo<f W%~~pP,rartment and the City Attorney. .....v' ~-{ '. ~&11 /'// .$ (j o~POr~~ ~>\"V ~ ~ ~G 1(;.....0 -:- ~ ~ ~ iI, L~~ ~ SEAL ~. Bydl~k?. ated: tf-l6-tJ~"7 &,] C. Cl k .... Q ,Ql 0 ~. Ity er % '7<) USr 16\ ' ~ ,~:: "// 'AI a ,-0~ ,........ 1'1 Ou ...1 \V " 1111 NT l' \\" 1111 \\\\ z:\ Work\M\Meridian\Meridian 15360M\The Courtyards at Ten Mile AZ-03..(J09 PP..(J3..(J I 0 CUP-03-020vtzYftl~Wer.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING THE COURTYARDS AT TEN MILE - (AZ-03-009) PAGE 21 OF 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/12/03 C/C 09/02/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR THE COURTYARDS AT ) TEN MILE FOR 31 BUILDING ) LOTS AND 5 OTHER LOTS ON 11 ) ACRES LOCATED AT THE ) SOUTHEAST CORNER OF W. PINE ) AVENUE AND N. TEN MILE ) ROAD, MERIDIAN, IDAHO ) ) BY: DOUG CAMPBELL/TOM ) BEV AN/DTE DEVELOPERS, ) APPLICANT ) ) Case No. PP-03-010 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 August 12,2003 and continued until September 2,2003, and Anna Powell PlalUling Director for the Plmming and Zoning Department, and Rod Ralphs, Clay Lyle, Bruce Mills, Bob Fuller, David Fuller, Joe Derosier, Irma Atkinson, William Lind, Laura Wilder, Jackie Cooper, Julie Schultz, Brenda Ball, and Tracey Garner, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick PlalUler II for the PlalUling 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 PlalUling and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR: THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (pP-03-01O) PAGE 1 OF 14 ( COURTYARD AT TEN MILE, A PORTION OF THE S. V2, SW. ~,NW. ~,OF SECTION 11, T.3N., R.l W., BM., ADA COUNTY, IDAHO FEBRUARY 2003, CLIENT: DTE DEVELOPERS, JOB NUMBER: SDOO1.001, CAD FILE: 12ACRE_PRE_REV.dwg, DESIGNED BY: RLC, DRAWN BY: RLC, CHECKED BY: JRL, DELIVERY DATE: 02/21/03, SHEET NUMBER: 1, DTE DEVELOPERS - OWNERlDEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", Doug Campbell/Tom BevanJDTE Developers, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-15 and C-N, is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 E and H] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP-03-010) PAGE 2 OF 14 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council ofthe 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 FOR: THE COURTYARD AT TEN MILE, A PORTION OF THE S. '12, SW.~, NW.~, OF SECTION 11, T.3N., R.1W., BM., ADA COUNTY, IDAHO FEBRUARY 2003, CLIENT: DTE DEVELOPERS, JOB NUMBER: SDOO1.001, CAD FILE: 12ACRE~RE_REV.dwg, DESIGNED BY: RLC, DRAWN BY: RLC, CHECKED BY: JRL, DELIVERY DATE: 02/21/03, SHEET NUMBER: 1, DTE DEVELOPERS - OWNER/DEVELOPER, LEA VITI & ASSOCIATES ENGINEERS, INC." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE I (pP-03-01O) PAGE 3 OF 14 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR: THE COURTYARD AT TEN MILE, A PORTION OF THE S. 'ii, SW. y,;, NW. y,;, OF SECTION 11, T.3N., R.IW., BM., ADA COUNTY, IDAHO FEBRUARY 2003, CLIENT: DTE DEVELOPERS, JOB NUMBER: SDOOl.001, CAD FILE: 12ACRE_PRE_REV.dwg, DESIGNED BY: RLC, DRAWN BY: RLC, CHECKED BY: JRL, DELIVERY DATE: 02/21/03, SHEET NUMBER: 1, DTE DEVELOPERS - OWNER/DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", Doug Campbell, Tom BevanJDTE, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this project is being proposed via a temporary lift station being installed as part of the Mosher's Farm project. The applicant will be responsible to construct lateral sewer mains (including dry-line) to and through this proposed development. The subdivision designer to coordinate main sizing and routing with the Pub lie Works Department. Revise the preliminary plat to provide a 20-foot wide easement between Lots 29 & 30, Block 2, or re-route the sewer so as not to be between lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP-03-010) PAGE 4 OF 14 2. Domestic water service to this site shall be via new main extensions from the existing mains adjacent to the property Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Ordinance 12-13-10-3, Applicability of Street Buffers, requires that all street buffers at subdivision boundaries be placed on a common lot, maintained by a homeowner or business-owners association. Applicant shall submit a revised preliminary plat at least 10 days prior to the next public hearing that shows the landscape buffer along Ten Mile Road and Pine Street within a common lot. 4. Required fencing along micropaths is to be 4' in height and shall be installed by the developer. 5. The developer shall be required to install all parkway trees within each phase of the development prior to any Certificates of Occupancy being issued. 6. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over tlrree feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in writing by the Planning Director. 7. All adjacent agricultural uses shall be protected and a note added to the face of the plat regarding the Right to Farm Act. 8. The required landscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing must be bonded for prior to applying for building permits. 9. Underground pressurized irrigation must be provided to all landscape areas on site. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 10. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Ifa creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (pP-03-01O) PAGE 5 OF 14 assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 11. The applicant has submitted a statement indicating that they will be providing on- site soils/groundwater investigation prior to final plat approval, and that depth to groundwater should be similar to depths measured in the Mosher's Farm project. Please submit all initial excavation information to the Public Works Department for review, and updated groundwater/soils monitoring data to the Public Works Department. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. GENERAL COMMENTS I. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to confow. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (pP-03-010) PAGE 6 OF 14 or lateral users association, with written confirmation of sai d approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Any drainage areas (detension/retension basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 8. Graphically depict any FEMA flood plain boundaries. Note restrictions associated with the flood zone on the face of the preliminary plat. 9. Performance specifications for the common area pressurized irrigation system shall be submitted with each Final Plat application. C. Adopt Recommendations of Meridian's Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 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 thru the Public Works Department. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (pP-03-0lO) PAGE 7 OF 14 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Ten Mile Road, including the signalization of the intersection ofTen Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase of the above- mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way along Ten Mile Road and 45-feet of right-of-way tapering to 37-feet along Pine Avenue, and construct a minimum 5- foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. b. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP-03-010) PAGE 8 OF 14 2. Construct a right-inlright-out driveway on Ten Mile Road located approximately 230-feet south of Pine Avenue (measured near edge to near edge). Pave the right- inlright-out restricted driveway on Ten Mile Road to its full width (maximum 36- feet) and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. Coordinate the design of the right-inlright-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. lfthe driveway is constructed as right-inlright-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and 5-foot sidewalk within 54-feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with a minimum area of I DO-square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of- way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes ofthis should be required on the final plat. 7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of SO-feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OFPRELIMINAR Y PLAT THE COURTYARDS AT TEN MILE I (pP-03-01O) PAGE 9 OF 14 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (pP-03-0 10) PAGE 10 OF 14 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. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained On site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to a1110ts. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 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 THE COURTYARDS AT TEN MILE/ (pP-03-01O) PAGE 11 OF 14 4. Stonnwater 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 stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their September 2,2003 meeting as follows: 1. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side ofTen Mile, not the east side. 2. The developer shall be required to construct the following: · Construct an additional lane on Pine Street at the intersection ofTen Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut- through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. · Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. · Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection, abutting the church site. 3. For clarification, the developer proposes to phase the project construction. The first phase shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (pP-03-01O) PAGE 12 OF 14 day of NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By acti.on of the City Council at its regular meeting held on the ~ ~/?1"1/~ , 2003. ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED ~ ;:lb~ COUNCILWOMAN McCANDLESS VOTED COUNCILMAN NARY VOTED$^- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE! (PP-03-010) PAGE 13 OF 14 MAYOR ROBERT D. CORRIE (TIE BREAKER) 0/-16 -&3 VOTED Attest: "P, fJ 2 /' Ov "Q) 0 ~ ~ '7() :Sr 19\ . ~.f ~ ;.<J ~ ~ ,.$' I',11"'II;OUNT'l . :""," "ltIIlU,l.J\\I\\\ Copy served upon Applicant, The Planning ana Laning Department, Public Works 111111/1 1\111 "," Department and City Attorney. ,\",~~ Of MER,).III/I .::-,'\ :'\ -... VI.,., //'/ " c} ;f\PO/7 - 1'V --;.. g ~c,o /l~o ~ ~ ~ ~ Dated: C/.r/6 -tJ i SEAL ~ BY:~~~~ City Clerk ~ ~ [] 2 .; ~ Qj..... ~...." 0(;,", '\ 0::; ~ '() \:if 19\ ' -<,.$ ~ ;.<J €,'I(- .$' ~ C '\'-' ...... //, aU" ITi, ", III ... \\' Z:\Work\M\Meridian\Meridiall 15360M\The Courtyards at Ten Mile AZ-03-009 PP-03-01O CUP-03-020\FfClsOn:lppiat I] II II 11\\ \ \ 1\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (pP-03-0lD) PAGE 14 OF 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/12/03 C/C 09/02/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 31 BUILDING ) LOTS AND 5 OTHER LOTS ON 11 ) ACRES FOR THE COURTYARDS ) AT TEN MILE IN R-15 AND C-N ) ZONES, LOCATED AT THE ) SOUTHEAST CORNER OF W. PINE ) AVENUE AND N. TEN MILE ) ROAD, MERIDIAN, IDAHO ) ) DOUG CAMPBELL, TOM BEVAN, ) DTE DEVELOPERS, ) APPLICANT ) ) Case No. CUP-03-020 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 August 12,2003 and continued until September 2,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Rod Ralphs, Clay Lyle, Bruce Mills, Bob Fuller, David Fuller, Joe Derosier, Irma Atkinson, William Lind, Laura Wilder, Jackie Cooper, Julie Schultz, Brenda Ball, and Tracey Gamer, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 22 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 August 12,2003 and continued until September 2,2003, 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 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 August 12,2003 and continued until September 2,2003, 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 ~67-6509, 6512, and Meridian City Code ~~ 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 RUT (Ada County) zone and by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 22 reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southeast comer ofW. Pine Avenue and N. Ten Mile Road, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owners of record ofthe subject property are Anthony Gamer and Tracey Gamer, 680 N. Ten Mile Road, Meridian, Idaho 83642. 6. Applicant is Doug Campbell, Tom Bevan/DTE Developers, 1661 Shoreline, Boise, Idaho 83701. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-15 (Medium High Density Residential) and C-N (Neighborhood Business), before the City Council. The zoning district ofR-15 and C-N are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for 31 building lots and 5 other lots on 11 acres in a proposed R-15 and C-N zones for The Courtyards at Ten Mile. The requested conditional use permit for the Planned Development would also be to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497 feet in length. The R-15 and C-N zoning designations are 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF22 Plan, which designates the subject property as Mixed Use - Community. 10. 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 Wendel Bigham from Joint School District No.2, expressed in his letter dated May 1, 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 of the City of Meridian, and Maps and the Ordinance establishing the hnpact 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 City of Meridian, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The proposed bank and gas station will require CUP applications. Additionally, a detailed list of approved and conditional uses shall be included in the Development Agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 3. All office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a plarmed development prior to construction. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. B. Adopt Recommendations of Meridian's Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 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 thru the Public Works Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. 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. 8. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2. I C. Adopt the recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 Site Specific Conditions of Approval 1. Ten Mile Road, including the signalization of the intersection ofTen Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication ofthe right-of-way and the location, design and construction of the sidewalk with District staff. However, iffunds cannot be secured for the purchase of the above-mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way along Ten Mile Road and 45-feet of right-of-way tapering to 37-feet along Pine Avenue, and construct a minimum 5-foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. 2. Construct a right-inlright-out driveway on Ten Mile Road located approximately 230-feet south of Pine Avenue (measured near edge to near edge). Pave the right-inlright-out restricted driveway on Ten Mile Road to its full width (maximum 36-feet) and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Coordinate the design of the right- inlright-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. If the driveway is constructed as right-inlright-out only, coordinate the design of the driveway with District Traffic staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 22 4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and 5-foot sidewalk within 54-feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of-way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50- feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or' parcel access to Ten Mile Road and Pine Avenue is prohibited. 9. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 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 ofbuilding permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility 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 Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all lots. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written ~pproval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 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 stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their September 2,2003 meeting as follows:' 1. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side ofTen Mile, not the east side. 2. The developer shall be required to construct the following: · Construct an additional lane on Pine Street at the intersection ofTen Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut-through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. · Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. · Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection, abutting the church site. 3. For clarification, the developer proposes to phase the project construction. The first phase shall consist ofresidential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. 5. The applicant wishes to reduce the front of garage setback to 18 feet. This will not be allowed if permanent parking is proposed in front of the garages. Temporary guest parking is permitted, (Per action ofthe City Council taken at their September 2, 2003 meeting.) 14. The applicant is also requesting, along with the conditional use permit, to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497 feet in length. 15. It is found that the subject property's size of 11 acres is large enough to accommodate the proposed commercial and residential development and all other required features for this project. 16. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use - Commercial". The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. The applicant is proposing to include micropaths and a !/z acre park and tot lot to meet the requirement for two amenities for the plalllled development. 17. It is found that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character of the general vicinity. 18, It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 19. It is found that the proposed development can be adequately served by the essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 22 20. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 21. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed commercial and residential uses. 22. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional information. 23. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has 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 pennits which a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 proposed use is otherwise prohibited by the terms ofthe ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, 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 establisIunent 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 High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 Residential District (R-15) and Neighborhood Business District (C-N) 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 ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pennit, 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 ~ 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 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. 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 I I acres in proposed R-15 and C-N zones for 31 building lots and 5 other lots for The Courtyards at Ten Mile. The requested conditional use permit for the Planned Development would also be to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497 feet in length located at the southeast corner ofW. Pine Avenue and N. Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The proposed bank and gas station will require CUP applications. Additionally, a detailed list of approved and conditional uses shall be included in the Development Agreement. 3. All office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. B. Adopt Recommendations of Meridian's Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fixe-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 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 Deparbnent thru the Public Works Department 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. 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. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of2D'available at all times. UFC 902.2.2.1 C. Adopt the recommendations ofthe Ada County Highway District as follows: Site Specific Conditions of Approval 1. Ten Mile Road, including the signalization of the intersection ofTen Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right- of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten Mile Road and Pine A venue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase of the above-mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way along Ten Mile Road and 45-feet of right-of-way tapering to 37-feet along Pine Avenue, and construct a minimum 5-foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. 2. Construct a right-inlright-out driveway on Ten Mile Road located approximately 230-feet south of Pine Avenue (measured near edge to near edge). Pave the right-inlright-out restricted driveway on Ten Mile Road to its full width (maximum 36-feet) and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Coordinate the design of the right-inlright-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue located approximately 22D-feet east ofTen Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36-feet) and at least 3D-feet into the site beyond the edge of pavement of the roadway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 and install pavement tapers with IS-foot radii abutting the existing roadway edge. If the driveway is constructed as right-inlright-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and 5-foot sidewalk within 54-feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with a minimum area of IOO-square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of-way with Traffic Services staff. Any proposed landscape islands/medianslroundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Any driveway( s) on Marco A venue and Treva Way should be located a minimum of 50- feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. 9. 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 PAGE 170F22 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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 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 Recommendation of Nampa & Meridian Irrigation District as follows: I. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 5. Nmnpa & Meridian Irrigation District recommends that Irrigation be made available to all lots. E. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 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 stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their September 2,2003 meeting as follows: 1. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side ofTen Mile, not the east side. 2. The developer shall be required to construct the following: · Construct an additional lane on Pine Street at the intersection ofTen Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut-through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. · Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. · Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection, abutting the church site. 3. For clarification, the developer proposes to phase the project construction. The first phase shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 [" 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. 5. The applicant wishes to reduce the front of garage setback to 18 feet. This will not be allowed if permanent parking is proposed in front of the garages. Temporary guest parking is permitted. (Per action of the City Council taken at their September 2,2003 meeting.) 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 22 By action of the City Council at its regular meeting held on the 16~ day of J;pn~, 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED ~<..- COUNCILWOMAN CHERIE Mc CANDLESS VOTED .IJ6~ COUNCILMAN WILLIAM L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: f-/6-&3 VOTED MOTION: APPROVED:L DISAPPROVED: Attest: U./eb(_d..-- C;~ Ct9Wn~ f//le/lt::een.;t- &> g - "? "Qi 0 ~ ~ <:> 'iSr 19'1 ' ~ $ "'-',..,"'" ~ ,$ "''''// 00UNT'l ~ \"\.~ /1111 ' \\\\\ 11l/11/1 111\\\\\ Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Bye!ldh~~$l City Clerk Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/12/03 C/C 09/02/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 31 BUILDING ) LOTS AND 5 OTHER LOTS ON 11 ) ACRES FOR THE COURTYARDS ) AT TEN MILE IN A R-15 AND C-N ) ZONES, LOCATED AT THE ) SOUTHEAST CORNER OF W. PINE ) AVENUE AND N. TEN MILE ) ROAD, MERIDIAN, IDAHO ) ) DOUG CAMPBELL/TOM ) BEV AN/DTE DEVELOPERS, ) ) APPLICANT ) ) Case No. CUP-03-020 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on August 12, 2003 and continued until September 2, 2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for 31 building lots and 5 other lots on 11 acres in a proposed R-15 and C-N zones for The Courtyards at Ten Mile. The requested conditional use permit for the Planned Development would also be ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 1 OF 10 to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497 feet in length located at the southeast corner ofW. Pine Avenue and N. Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The proposed bank and gas station will require CUP applications. Additionally, a detailed list of approved and conditional uses shall be included in the Development Agreement. 3. All office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. B. Adopt Recommendations of Meridian's Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 lIFC Appendix III-A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 2 OF 10 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. 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. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost oftms installation is to be borne by the developer 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 C. Adopt the reconunendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Ten Mile Road, including the signalization of the intersection ofTen Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase of the above-mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way along Ten Mile Road and 45-feet ofright~of-waytapering to 37-feet along Pine Avenue, and construct a minimum 5-foot wide concrete sidewalk along the roads. Coordinate the location and design ofthe sidewalk with District staff. ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 3 OF 10 b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. 2. Construct a right-in/right-out driveway on Ten Mile Road located approximately 230-feet south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36-feet) and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Coordinate the design of the right- in/right-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and 5-foot sidewalk within 54-feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of-way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50- feet back from the near edge of Pine Street and Treva Way. ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 4 OF 10 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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 ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 5 OF 10 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 Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. Nanlpa & Meridian Irrigation District recommends that Irrigation be made available to all lots. E. Adopt the Reconunendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 6 OF 10 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their September 2,2003 meeting as follows: I. Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side ofTen Mile, not the east side. 2. The developer shall be required to construct the following: · Construct an additional lane on Pine Street at the intersection ofTen Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut-through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. · Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. · Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection, abutting the church site. 3. For clarification, the developer proposes to phase the project construction. The first phase shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. 5. The applicant wishes to reduce the front of garage setback to 18 feet. This will not be allowed if pennanent parking is proposed in front ofthe garages. Temporary guest parking is permitted. (Per action ofthe City Council taken at their September 2,2003 meeting.) 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE70FIO 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 8 OF 10 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and 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 ~~!X:-- ,2003. Tim J'h-7J Wevta.. (';;-, ~c:;L, flreJ/i%en...:e- Attest: '~ ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 9 OF 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Byrl~-A~9 Dated: '7-; tb -tfJ 3 Z:\Work\M\Meridiun\Meridian 15360M\The Courtyards at Ten Mile AZ-03-009 PP-03-0l0 CUP-03-020\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-020) PAGE 10 OF 10 BEFORE THE MERIDIAN CITY COUNCIL C/C 09/02/03 IN THE MATTER OF THE APPLICATION OF DEBI SHERIDAN FOR TRANSFER OF CONDITIONAL USE PERMIT FOR "SUNSHINE ACADEMY" CHILD CARE CENTER IN AN L-O ZONE, LOCATED AT 737 NORTH LINDER ROAD, MERIDIAN, IDAHO CASE NO. TCU-03-002 ORDER GRANTING APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT This matter coming on regularly for public hearing before the City Council on September 2, 2003, and Alma Powell Planning Director for the Planning and Zoning Department, and the applicant, Debi Sheridan, appeared and commented at the hearing, and the Council having considered the record of this matter and the testimony submitted, and the Planning Director for the Planning and Zoning Department stating there was no objection to the application, and the applicant having no objection to the request IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The applicant, Debi Sheridan, is requesting a transfer of Conditional Use Pemlit for the existing child care center "Sunshine Academy" located at 737 NOIih Linder Road, Meridian, Idaho. 2. Conditional Use Permits, once they are approved, normally run with the land, and upon sale of the property are transferred to the new owners without further application, however, home occupations and child care facilities are the exception to this. Transfer of conditional use permits for child care facilities for the same use for which the ORDER GRANTING APPLlCATLON FOR TRANSFER OF CONDfTIONAL USE PEIUvlIT - TCU-03-002 PAGE] OF4 original conditional use was approved are required to petition the City Council for approval (MCC 11-17-10). 3. The cun:ent owners of the propeliy are Steve and Linda Eisele, and they have submitted notarized consent for this application. 4. The original conditional use permit [and concurrent rezone to L-O] was submitted by Wendell and Kasha Lawrence and approved by City Council on November 21, 2000. The permit was approved for the care of up to 48 children. 5. The following uses surround the subject property: North - Single-family residential home, zoned L-O, separated from the subject site by a 6-foot, slatted chain link fence South - Multi-tenant industrial warehouses and storage business, zoned 1- L. No fence separation, but there is a landscape island. East - Single-family residential (Westlawn Estates Subdivision), zoned R- 4. (Screened from Linder Road by a solid block wall.) West - One (1) acre residential lot, zoned R-4, with large garage/shop and open area. (Screened from subject site with several large trees and a wooden fence.) 6. The site currently has 9 paved parking stalls (I handicap) on the site with one delineated access point to Linder Road. There are some street trees and low-lying shrubs along Linder Road and abutting the property to the south. There is a 6' slatted chain link fence along the northern lot line. There is a 6' wood fence and 6' chain link fence on the west side of the property. The designated play area is fully fenced along the north side of the structure. 7. The application is granted subject to the conditions stated herein. 8. The conditional use permit held by Sunshine Academy for a child care at 737 North Under Road, Meridian, Idaho, is hereby transferred to Dehi Sheridan. ORDER GRANTING APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT - TCU-03-002 PAGE 2 OF 4 9. The conditional use permit is subject to the following additional conditions: 1. The transfer of tbe conditional use permit shall require the applicant to comply with the requirements of the original conditional use permit, which is on file with the City Clerk's office, under Wendell and Kasha Lawrence and approved by City Council on November 21,2000, for the care of up to 48 children. 2. The applicant shall meet all of the licensing requirements of the State of Idaho prior to beginning operation. A copy of the State license shall be submitted to the Clerk's office for inclusion in the City's records prior to occupancy. 3. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A Daycare Center is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements of the 2000 lntemational Fire Code & Building Codes. 4. Adopt the Recommendations of the Ada County Highway District as follows: L. Tfthe site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. 2. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 5. Adopt the Recommendations of the Central District Health Department as follows: 1. The new owner shall contact Susan Simons at the Depmiment regarding licensure. 6. Adopt the Recommendations of Sanitary Service as follows: ORDER GRANTING APPLICA nON FOR TRANSFER OF CONDITIONAL USE PER.MIT - TCU-03-002 PAGE 3 OF 4 I. Commercial can service or dumpsters may be needed with alley access. By action of the City Council at its regular meeting held on the ! 6~ay of ~~~ ,2003. d!~g~tz:rF ~ -p (~) ! -;:; C, p- , ~ \t{/ ")~ ~ "0 'Sr 1S1 ' ,/ '. ...;,0,. ;,y ~/' <~' 'l Co ," . . //11 IDN1"'f \\\,' . Copy served upon Apphcant, the Planmng arl'cl'J~Rnmg):j)epartl11ent, PublIc Works \\\\\\\IIHllllllltfl/ Department and City Attomey. ,~~\\_l Of MEr?!;') 11/// .........' :\" ~',l.-'i1 ,1 /-'/ ~.... c> X\POR ':)"'1/ ~ ::: cP "1~ ~ 2 ~ () S - ~ - - 1-lb-03 _ SEAL ~ "'1G._ 0> 2: -;. -Q ~)o~ ~ '70 uSr 1S\ . ,<" ~ ......./ '1 ~ $' ////~ COUN-r"J. '\\> ....',,' I~/I I' \\\\ "IJ II II I 1111\\\\ SEAL Attest: By:JI~~~~9- City Clerk Dated: Z:\Work\M\Meridian\Meridiun I 5360M\Sunshine AC3dcmy TCU-03-002\TCU Order Gr3nting Tr3llsfcr.doc ORDER GRANTING APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT - TCU-03-002 PAGE 4 OF 4 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DENTAL OFFICE WITHIN RESOLUTION SUBDIVISION FOR MILLENIUM DENTAL IN AN L-O ZONE, LOCATED SOUTH OF EAST OVERLAND RAOD ON SOUTH MILLENIUMWAY, MERIDIAN, IDAHO DR. DELMAR GRAY AND DR. RANDALL SMITH, APPLICANT C/C 09/02/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-033 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 2,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Lany Knopp, and Delmar Gray, 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 PAGE 1 OF 18 FINDINGS OFF ACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 2,2003, 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 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 September 2,2003, 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 conunents 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 9911-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L~O 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 south of East Overland Road on South Millenium Way FINDINGS OFF ACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 18 within Resolution Subdivision, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owners of record of the subject property are Dr. Delmar Gray and Dr. Randall Smith. 6. Applicant is Dr. Delmar Gray and Dr. Randall Smith. 7. The subject property is currently zoned L-O. The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a new dental office in a proposed L-Q zone. The Resolution Business Park conceptual Planned Development requires a detailed Conditional Use Permit be obtained for all future uses at the time of development. 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as High Density 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 governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 18 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 Recommendations of the Planning and Zoning and Engineering staff as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. Applicant must comply with the conditions ofthe recorded plat for Resolution Subdivision. 3. Applicant shall be required to submit a conditional use permit for a planned development at the time the "future building" at the south-western corner of the property is developed. This request for approval does not include that building. 4. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. [See Item G. 1. below, pursuant to Council action taken at their September 2,2003 meeting.] 5. Applicant shall revise the Site/Landscape Plan to continue the sidewalk stub to the east property line and submit a copy of a recorded pedestrian cross-access easement with Lot 3, Block 1 of Resolution Subdivision prior to applying for a Certificate of Zoning Compliance. 6. The Landscape Plan (Sheet Ll, dated April 28, 2003) shall be revised as follows: a. Per Ordinance 12-13-11-2.B. & C, add a minimum of three (3) new trees to the south landscape strip. (Applicant should note that some of the street trees on E. Gala or trees east of the building could be relocated to meet this requirement.) b. Revise the Plant Material Legend to include the street tree labeled as CH. c. Revise the Plant Material Legend to increase the size of the Emerald Gaiety (EG) to min. 2 gallon size. d. Revise the Plant Material Legend to include "arborvitae" (AR) under shrubs instead of trees. e. Landscape planter island on northern comer needs to be a minimum offive feet wide, measured inside curbs per MCC 12-13-11-3B. f. Per Ordinance 12-13-11-3E., each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. g. The five foot landscape strip along the south-eastern boundary of the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 18 adjacent to the parking area needs to include 1 tree per 35' (add 2 trees). h. Remove and -landscape the two parking stalls along the eastern boundary of the property for turnaround. Applicant shall submit a revised Landscape Plan for review and approval with the Certificate of Zoning Compliance application. 7. 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. 8. 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. Signs shall conform to the character of sign submitted with the application, with an 8' maximum overall height. 9. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 10. 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 ofStonn 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. 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% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Sanitary sewer and water service shall be via existing service lines. Applicant shall coordinate size and routing with the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 18 B. Adopt the Reconunendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' 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 thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the conditions of Ada County Highway District, as outlined in their report dated June 25, 2003, by Joyce Newton. [On May 3, 2003 the District acted on Resolution Subdivision MAZOO-004/MCUPOO-0l5/MCUPOO-016/MCUPOO-017. The conditions and requirements also apply to MCUP03-033.] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE60F18 E. Adopt the Recommendations of Sanitary Service as follows: 1. Allow a minimum of 10' inside of the gate posts for clearance. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. All municipal surface drainage mustbe retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. G. Adopt the action of the City Council taken at their September 2,2003 meeting as follows: I. The requirement of the Planning and Zoning Department pertaining to the parking stalls may be modified to eliminate one parking stall, which shall be either of the two parking spaces located immediately south of the medical office building, and located at the east edge of the property. The intent is to allow a vehicle in the remaining space to be able to back up and drive out of the parking lot with a minimum of turning movements. The applicant may accommodate for that parking stall somewhere else on the property, provided, that the applicant obtains approval from Planning and Zoning Department for the new parking stall space. 13. It is found that the subj ect property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Some site modifications will need to be made to the landscaping plan in order to be in compliance with the MCC, as detailed under Conditions of Approval of the staff report. 14. The current Comprehensive Plan Land Use Map designates the property as "High Density Residential" and is currently zoned L-O. The Resolution Subdivision project was approved under the former Comprehensive Plan; the new plan does not reflect the approved plans for Resolution Subdivision. It is found that the requested use is in compliance with the Resolution CPD approved by the City in 2000. The 2002 Future Land Use Map does not accurately depict the City's approval of retail uses on the subject lot due to a mapping error. This proposal is in compliance with the commercial land use policies in Chapter 7 (pg. 99) and with Goal I, Objective B, Actions 5 & 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 18 15. It is found that the proposed dental clinic will not adversely change the existing or intended character of the general vicinity. The existing surrounding uses include Mountain View High School to the south and Seegmiller Dental to the northeast. 16. It is not anticipated that the proposed use as a dental clinic will adversely affect adjacent properties due to the similar uses called for within the zoning designation of"Iimited office" and the school to the south. 17. It is found that the proposed development can be adequately served by the essential public facilities and services, including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. City water and sewer services run along Millenium Road and are stubbed to this lot. A trash enclosure has been provided on-site for refuse disposal. 18. It is found that the proposed dental office use will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed dental office use. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional information. This site also has a cross-access agreement in place between Lots 2 and 3, Block 1. 21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 18 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. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has 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 of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 18 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 ofthe 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 L-O zone 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 g 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 Conunission 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 ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the reconunendation of the Conunission." 6. Following the public hearing and within 45 days after the conclusion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 18 public hearing the Commission shall, transmit its reconunendations to the Meridian City Council with supportive reasons. The Conunission 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 g 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat 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. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 18 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 new dental office in the L-O zone located within the Resolution Subdivision on Millenium Way, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. Applicant must comply with the conditions of the recorded plat for Resolution Subdivision. 3. Applicant shall be required to submit a conditional use pennit for a planned development at the time the "future building" at the south-western comer ofthe property is developed. This request for approval does not include that building. 4. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. [See Item G. 1. below, pursuant to Council action taken at their September 2,2003 meeting.] 5. Applicant shall revise the Site/Landscape Plan to continue the sidewalk stub to the east property line and submit a copy of a recorded pedestrian cross-access easement with Lot 3, Block 1 of Resolution Subdivision prior to applying for a Certificate of Zoning Compliance. 6. The Landscape Plan (Sheet L1, dated April 28, 2003) shall be revised as follows: a. Per Ordinance 12-13-11-2.B. & C, add aminimumofthree (3) new trees to the south landscape strip. (Applicant should note that some of the street trees on E. Gala or trees east of the building could be relocated to meet this requirement.) b. Revise the Plant Material Legend to include the street tree labeled as CH. c. Revise the Plant Material Legend to increase the size ofthe Emerald Gaiety (EG) to min. 2 gallon size. d. Revise the Plant Material Legend to include "arborvitae" (AR) under shrubs instead of trees. e. Landscape planter island on northern comer needs to be a minimum of five feet wide, measured inside curbs per MCC 12-13-11-3B. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 18 f. Per Ordinance 12-13-11-3E., each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. g. The five foot landscape strip along the south-eastern boundary of the property adjacent to the parking area needs to include 1 tree per 35' (add 2 trees). h. Remove and landscape the two parking stalls along the eastern boundary of the property for turnaround. Applicant shall submit a revised Landscape Plan for review and approval with the Certificate of Zoning Compliance application. 7. 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. 8. 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. Signs shall conform to the character of sign submitted with the application, with an 8' maximum overall height. 9. All construction and site improvements shall confonn to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 10. 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 Stonn 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. 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% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Sanitary sewer and water service shall be via existing service lines. Applicant shall coordinate size and routing with the Public Works Department. B. Adopt the Reconunendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 18 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' 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 thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 C. Adopt the Reconunendations of Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of HeaIth & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 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 stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. D. Adopt the conditions of Ada County Highway District, as outlined in their report dated June 25,2003, by Joyce Newton. [On May 3,2003 the District acted on Resolution Subdivision MAZOO-004/MCUPOO-015/MCUPOO-016/MCUPOO-017. The conditions and requirements also apply to MCUP03-033.] E. Adopt the Recommendations of Sanitary Service as follows: I. Allow a minimum of 10' inside of the gate posts for clearance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 18 F. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. G. Adopt the action ofthe City Council taken at their September 2,2003 meeting as follows: 1. The requirement of the Planning and Zoning Department pertaining to the parking stalls may be modified to eliminate one parking stall, which shall be either ofthe two parking spaces located immediately south ofthe medical office building, and located at the east edge of the property. The intent is to allow a vehicle in the remaining space to be able to back up and drive out of the parking lot with a minimum of turning movements. The applicant may accommodate for that parking stall somewhere else on the property, provided, that the applicant obtains approval from Planning and Zoning Department for the new parking stall space. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 18 conunence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body ofthe City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 18 Meridian, pursuant to Idaho Code 967-6521 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 1ft!:- day of d ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN CHERIE Me CANDLESS VOTED~ VOTED IJ/;r~ COUNCILWOMAN TAMMY deWEERD COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9-( G -03 VOTED MOTrON: V APPROVED:~ DISAPPROVED: A~~ ~ \\\\111l1lltr/f11 \\\ c: fie III ",,~~ Or fV'E:trID~ay . .::;.' \." __ J..ij '/ ~ ~ <0 ~ g" b. &{vrl.-~ I're.r"~ :: SF A. ~L = :: .i!.J.!:~ -... _ f.l:::: -;:. - 0(.1 ,Qi 0 ::: ~ 1'0 &r 15\ . ~ $ '/ "AI t>.. " /" C .p,. -..' //1/1 OUNT'<, "",- III \\\ 1111/11I1l1\\\\\ Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 18 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: Z:\Work\M\Meridian\Meridian I 5360MlMillenium Denl1l[ CUP.03-033\FfCls CUP-03-033.dcc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DENTAL OFFICE WITHIN RESOLUTION SUBDIVISION FOR MILLENIUM DETNAL IN ANL-O ZONE, LOCATED SOUTH OF EAST OVERLAND ON SOUTH MILLENIUM WAY, MERIDIAN, IDAHO DR. DELMAR GRAY AND DR. RANDALL SMITH, APPLICANT C/C 09/02/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-033 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on September 2, 2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Reconunendation 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 new dental office in the L-O zone located within the Resolution Subdivision on Millenium Way, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT (CUP-03-033) PAGE 1 OF7 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. Applicant must comply with the conditions of the recorded plat for Resolution Subdivision. 3. Applicant shall be required to submit a conditional usepennit for a planned development at the time the "future building" at the south-western corner of the property is developed. This request for approval does not include that building. 4. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. [See Item G. 1. below, pursuant to Council action taken at their September 2,2003 meeting.] 5. Applicant shall revise the Site/Landscape Plan to continue the sidewalk stub to the east property line and submit a copy of a recorded pedestrian cross-access easement with Lot 3, Block 1 of Resolution Subdivision prior to applying for a Certificate of Zoning Compliance. 6. The Landscape Plan (Sheet Ll, dated April 28, 2003) shall be revised as follows: a. Per Ordinance 12-13-11-2.B. & C, add a minimum of three (3) new trees to the south landscape strip. (Applicant should note that some of the street trees on E. Gala or trees east of the building could be relocated to meet this requirement.) b. Revise the Plant Material Legend to include the street tree labeled as CH. c. Revise the Plant Material Legend to increase the size of the Emerald Gaiety (EG) to min. 2 gallon size. d. Revise the Plant Material Legend to include "arborvitae" (AR) under shrubs instead of trees. e. Landscape planter island on northern corner needs to be a minimum offive feet wide, measured inside curbs per MCC 12-13-11-3B. f. Per Ordinance 12-13-11-3E., each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. g. The five foot landscape strip along the south-eastern boundary of the property adjacent to the parking area needs to include I tree per 35' (add 2 trees). h. Remove and landscape the two parking stalls along the eastern boundary of the property for turnaround. Applicant shall submit a revised Landscape Plan for review and approval with the Certificate of Zoning Compliance application. 7. 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 ORDER CONDITIONAL USE PERMIT (CUP-03-033) PAGE20F7 properties or right -of-way. All parking lot lighting shall be in accordance with Ordinance 11 ~ 13-4C. 8. 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. Signs shall conform to the character of sign submitted with the application, with an 8' maximum overall height. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn 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. II. 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% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Sanitary sewer and water service shall be via existing service lines. Applicant shall coordinate size and routing with the Public Works Department. B. Adopt the Recommendations of the Meridian Fire Department as follows: I. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' 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. ORDER CONDITIONAL USE PERMIT (CUP-03-033) PAGE 3 OF7 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 C. Adopt the Recommendations of Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of HeaIth & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 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 stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the conditions of Ada County Highway District, as outlined in their report dated June 25,2003, by Joyce Newton. [On May 3,2003 the District acted on Resolution Subdivision MAZOO-004/MCUPOO-OI5/MCUPOO-016/MCUPOO-017. The conditions and requirements also apply to MCUP03-033.] E. Adopt the Recommendations of Sanitary Service as follows: 1. Allow a minimum of 10' inside of the gate posts for clearance. F. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. ORDER CONDITIONAL USE PERMIT (CUP-03-033) PAGE40F7 G. Adopt the action of the City Council taken at their September 2,2003 meeting as follows: 1. The requirement of the Planning and Zoning Department pertaining to the parking stalls may be modified to eliminate one parking stall, which shall be either of the two parking spaces located immediately south of the medical office building, and located at the east edge of the property. The intent is to allow a vehicle in the remaining space to be able to back up and drive out of the parking lot with a minimum of turning movements. The applicant may accommodate for that parking stall somewhere else on the property, provided, that the applicant obtains approval from Planning and Zoning Department for the new parking stall space. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the ORDER CONDITIONAL USE PERMIT (CUP-03-033) PAGES OF7 conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by ORDER CONDITIONAL USE PERMIT (CUP-03-033) PAGE 6 OF7 Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the IG~ day of ~bvv , 2003. BY~P~,). City Clerk "\ f') J ~ 0_ 1."0 ~ 0':: % '"1<) U&r 1'a\' :?~>-f '/,. ~ ~ ...:...... "'''''/11 COUNTi. \\\,...... IIJ \\\ 1/111111111\\\\ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. \\,\\,\\~I~Efllllllllll ",\ _f O. - RIDI 11/,. " ~"' '-1A _ 'l .f c} O~POR-'1 /', ~v /~ 2 ~G ('0 ::. ~" -;. Dated: 1-/6-!lJ ~ ~ '~ -ity of Meridian litMtnlt . ft'el-vl .' 6;; Ltf}Uh~,4eJ/~e~ ...~~\\~i.~H1J-1 ..~><~'{. .:::-...' ,-:.., <, ...-,-:~." ~ 0' r.,r\t-'\.~-'r~>~ 2' ,GV ~ ~ Attest: - , ... ... ... z:\ Work\M\Meridian\Meridian I 5360MlMilleniulTI Dental CUP.03-033\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-033) PAGE 7 OF7 September 11, 2003 MERIDIAN CITY COUNCIL MEETING September 16, 2003 APPLICANT Public Works Department ITEM NO. 3-.:L REQUEST Change Order NO.2 for Dissolved Air Flotation Thickener Project -- Ewing Company: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Change Order \IV ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City ot Meridian. RECEIVED SEP 1 0 2003 City OfMericlian City Clerk Office To: Brad Watson From: Lenard Grady jJg ~ CC: Gary Smith Date: 9/4/2003 Re: Proposed Agenda Items for September 16, 2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the September 16 City Council consent agenda: Dissolved Air Flotation Thickener Proiect - Chanae Order #2 This change order completes the changes in yard piping which were not finalized in Change Order #1. It also includes some additional hardware required for the new diesel storage tank. Attached is a summary of the additional costs for Change Order #2, which total $4,971.25. The contract period will be extended by 7 days. Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the Change Order #2 with Ewing Company for $4,971.25 and authorize the Mayor to sign it Locust Grove Sewer and Water As discussed last week, this project has been on hold since June. Road closures, which were already scheduled ahead of Locust Grove, are behind schedule. Locust Grove is currently scheduled to be closed in late October. Bitterroot was awarded the original contract, but has been forced to take other work due to the long delay in starting this project. We have time to re-bid this project and meet the late October road closure for Locust Grove. Recommended Council Action: The Public Works Deparbnent recommends that City Council release Bitterroot Construction for the 2003 Locust Grove Water and Sewer contract Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk oC Lenard GllIdy StalfEngineer Meridian Public WorksDepartmenI 660 E. Watcrtower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 gradyl@Ci.meridian.id.us ~ CHANGE ORDER No. 2 PROJECT City of Meridian WWTP. Dissolved Air Flotation Thickener Proiect DATE OF ISSUANCE September 3,2003 EFFECTIVE DATE Se?tember3.2003 OWNER City of Meridian CONTRACTOR Ewing Companv ENGJ1\fEER Carollo Engineers Yau are directed to make the following changes in the Contract Documents. Description: 1. Revise underground piping in Field Order No 5, per the price quotation from Terra-West Inc. of 8/18/03. 2. Provide accessories for above ground storage tank not included in C.O. 1, per the IEI quotation of 8/5103. 3. Provide additional options for surveying not included in C,O. 1, per the GeoLine quotation of 8/18/03. 4. Substitute removable handrail posts in DAFT Pump Building per Outland quotation dated 8/6103 5. Substitute stainless steel piping for PVC per the Lacy Mechanical quotation of 7/25/03, Reason for Change Order: Unforeseen underground utility conditions at the time of design and bidding. Attachments: Price quotation letter from Ewing Company dated August 25, 2003, with summary by Carollo. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 270 Days November 21. 2003 $ 809.500.00 Ready for final payment: 300 Davs - December 26. 2003 d. ys or d.tes Net Changes from previous Change Orders No. ---1- to No. ~ Net Changes from previous Change Orders No. L to No. ~ $ 21.820.61 0 D.ys Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 270 Davs - November 21.2003 $ 831.320.61 Ready for final payment: 300 Days - Decemver 26. 2003 d.ys or dales Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 4.971.25 7 Calendar Davs days Contract Price with all approved Change Orders Contract Times with all approved Change Orders $ 836.291.96 Substantial Completion: 277 Days - November 28. 2003 Ready for final payment: 307 Davs January 3. 2004 d.ys or dates RECOMMENDED BY ENGINEER: BY~~ William , enkJ' P ~. Date: Cj 3 Q3 J I By: ,(AUthOriZed ~nature) - /t7 ~t1 APPROVED BY OWNER: Robert D Corrie, Mayor Attest: William G. Berg, Jr., City Clerk Date: Date: CITY OF MERIDIAN DISSOLVED AIR FLOTATION THICKENER PROJECT CHANGE ORDER NO 2 ITEM AMOUNT DESCRIPTION BY 1 YARD PIPING 1.1 $2,423.41 Misc Yard Piping and Clean-Outs from FO 5 Terra West 1.2 $207.00 Patch asphalt at road crossinq from FO 5 1.3 ($726.80) (Credit) Relocated 611 SL not required (Detail NC-3) 1.4 $334.75 Added buried valve vault, not called out on 2M-1 $2,238.36 Item 1 2 $4,300.42 CO 1 approved for new diesel storage tank Ewing $3,750.00 181 quote 8/5/03 Base tank cost $690.00 Fill limiter $83.00 Low contact switch $58.00 Mechanical leak detection $58.00 Mechanical fuel qaqe $90.00 Decal kit $46.00 Fusible fire valve (1") $189.00 Anti-siphon valve (1") $70.00 Delivery $5,034.00 Subtotal Tank & Options $306.24 6% tax $5,340.24 Total Tank Cost $11039.82 Cost Difference from CO 1 3 $7,000.00 CO 1 approved for surveying GPS Trimble GeoXT Ewing $6,695.00 GeolUne quote 8/18/03 GeoExplorer CE System $75.00 Serial Clip $6,770.00 Subtotal GPS & Options $406.20 6% tax $7,176.20 Total GPS Cost $176.20 Cost Difference from CO 1 4 $585.00 Removable handrail posts wi delivery Ewing 5 $639.43 Substitute stainless steel piping on DAFT Recycle Lacy $4,678.81 TOTAL ITEMS 1 THROUGH 5 (tax included) $204.69 Ewing OHP (5%) on subs (Items 1, 2, 3, 5) $87.75 Ewing OHP (15%) (Item 4) $4,971.25 I TOTAL CHANGE ORDER No.2 I W.J. Benko 8/29/2003 CHANGE ORDER No.-1 PROJECT City of Meridian WWTP. Dissolved Air Flotation Thickener Proiect DATE OF ISSUANCE September 3.2003 EFFECTNE DATE September 3.2003 OWNER City of Meridian CONTRACTOR Ewing Company ENGINEER Carollo Engineers You are directed to make the following changes in the Contract Documents. Description: 1. Revise underground piping in Field Order No 5, per the price quotation from Terra-West Inc. of 8/18/03. 2. Provide accessories for above ground storage tank not included in e.o. 1, per the IEI quotation of 8/5103. 3. Provide additional options for surveying not included in e.O. 1, per the GeoUne quotation of 8/18103. 4. Substitute removable handrail posts in DAFT Pump Building per Outland quotation dated 8/6/03 5. Substitute stainless steel piping for pve per the Lacy Mechanical quotation of 7/25/03. Reason for Change Order: Unforeseen underground utility conditions at the time of design and bidding. Attachments: Price quotation letter from Ewing Company dated August 25, 2003, with summary by Carollo. CHANGE IN CONTRACT PRICE; CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 270 Days November 21. 2003 $ 809500.00 Ready for final payment: 300 Days - December 26. 2003 days or dates Net Changes from previous Change Orders No. --1- to No. -.Q Net Changes from previous Change Orders No. -1L- to No. ~ $ 21 ,820.61 0 Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 270 Davs November 21. 2003 $ 831,320,61 Ready for final payment: 300 Days Decemver 26. 2003 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 4,971.25 7 Calendar Days days Contract Price with all approved Change Orders Contract Times with aU approved Change Orders $ 836.291.96 Substantial Completion: 277 Days - November 28. 2003 Ready for final payment: 307 Days - Januarv 3. 2004 days or dates Attest. William G. Berg, Jr., City Clerk /'?'I-< ~ '.t!.Ud... Date: 9..../.6 -0:3 .~;c-.I//le,j I , .C"h; {' ~ /(r; :}y CG.._,:( Afe"...,-t.- <t /1'/" .3'~ ~#-. RECOMMENDED BY ENGINEER: By: Date: APPROVED BY OWNER: , 1 " CITY OF MERIDIAN DISSOLVED AIR FLOTATION THICKENER PROJECT CHANGE ORDER NO 2 ITEM AMOUNT DESCRIPTION BY 1 YARD PIPING 1.1 $2,423.41 Misc Yard Piping and Clean-Outs from FO 5 Terra West 1.2 $207.00 Patch asphalt at road crossing from Fa 5 1.3 ($726.80) (Credit) Relocated 6" SL not required (Detail NC-3) 1.4 $334.75 Added buried valve vault, not called out on 2M-1 $2,238.36 Item 1 2 $4,300.42 CO 1 approved for new diesel storage tank Ewing $3,750.00 ISI quote 8/5/03 Base tank cost $690.00 Fill limiter $83.00 Low contact switch $58.00 Mechanical leak detection $58.00 Mechanical fuel gage $90.00 Decal kit $46.00 Fusible fire valve (1 ") $189.00 Anti~siphon valve (1") $70.00 Delivery $5,034.00 Subtotal Tank & Ootions $306.24 6% tax $5,340.24 Total Tank Cost $1,039.82 Cost Difference from CO 1 3 $7,000.00 CO 1 approved for surveying GPS Trimble GeoXT Ewing $6,695.00 GeolLine quote 8/18/03 GeoExplorer CE System $75.00 Serial Clip $6,770.00 Subtotal GPS & Options $406.20 6% tax $7,176.20 Total GPS Cost $176.20 Cost Difference from CO 1 4 $585.00 Removable handrail posts wI delivery Ewing 5 $639.43 Substitute stainless steel piping on DAFT Recycle Lacy $4,678.81 TOTAL ITEMS 1 THROUGH 5 (tax included) $204.69 Ewina OHP (5%) on subs (Items 1, 2, 3, 5) $87.75 Ewing OHP (15%) (Item 4) $4,971.25 TOTAL CHANGE ORDER No.2 W.J. Benko 8/29/2003 , ' l- I . . August 25, 2003 Carollo Engineers 12952 W. Explorer Dr., Suite 200 Boisel 10 83713 Attn: William Benko Re: Meridian DAFT, Change Order Request #1 Yard Piping Add extra pipe and fittings per Bill Benko and Eric. Patch asphalt, good asphalt ' Debt reroute 48" ductile line Add 48" calvert and hid for value Lit $2,423,...61- $ 207.00 <$ 726.80> $ 334.75 $2,238.~ BG:> #2 ((!o?.. T-c.-. "i) Add for handrail squae tube and chains $ sJs.oo Labor for this is (Outland) in base bid. The Ewing Co., Inc. Will furnish and install extra railings in DAFT building at no additional charge. #3 (C02. r-c.-.:s) Add 2 pieces 4" X 5" stainless steel pipe between DAFT pump and DAFT. Lacy Mechanical $ 639.43 $3,472.99 J The Ewing Co., Inc. OH & Profit $ 173.65 Sc:e. G.O. z.. $3;646.64 ~'-'-I WJ/.3 ~ ~. ...... fI:3o .... - ............ - - - . -- ,.. .C"'''l::II _-=::I'......,.I.,.v. l C:U"'.'."'.;j~- (;:J:J ( ( p.l l.l \.~ l.'-( t.5 t oft? t.1 r~ I TERRA-WEST, INC. (208) 938-7956 Fax 938-7957 PO Box 904 Eagle, ill 83616-0904 REOUEST FOR CflANGE ORDER TO: A1TN: Ewing Co. Bob Woodward DATE: 8/18/03 PROJECT: Meridian WWTP CHANGE ORDER # J We herby request a change order on the above-mentioned project due to changes and/or extras outlined in the following: #1 Reroute 4" TWAS, 6" WAS, and the 4" BD line. No additional Labor or equipment is required dig this line. There are some pipe fitting that will need to be changed. Attached is a copy of parts excluding tax. Our price for materials includes tax. Extra Fittings that will be left OD site 6 clean outs on the 6" D Line 3 clean outs on the 4" TWAS Line 1 clean out on the 6" WAS Line Materials: $1,423.41 ~ . Z Patch additional asphalt where the proposed road ties into the existing road. This price does not include patching the deteriorated section of toad. I] 5 SF @ S 1.80 SF MBterial and Labor. $207.00 Deduct labor and l!quipment for rerouting 8" Ductile Iron Linl>. Backhoe 539.00 HR @ 8 HR '" $312.00~ Operator $21.00 HR @8 HR'" $t68,QOV Labor $19.00 HR @ 8 HR = S15200../ \ Ov~ad & Profit $94.80 (/ S X ) Tola) $726.g ~ Labor and Equipment: ($ 726.8tl) . Furnish additional 48" culvert with lid. Materials:~c2.,J 3'. J' Pump and clean the lank before removal. Disconnect Fuel lines from the lank and cap out SI eo ~~~ ~ Labor and materials: $360.00 Have a certified soil sample for diesel contaminarioa Labor and materIals: $1,836.00 Ex.cavate and hauf th~ ~k~ ~ Backfill excavation with suitable fill material. This price does not include excav~ting or handling comaminated soil DEQ requirements are not included in this prke. The tank will be hauled to Pacific Recycling for disposal. 17 ra:...A \""- C- 0 \ I15:Hl'U/IllC PI.Rl ~... . .f '-'j 1JJ.1IU$T . :..;':1 N.ciO< .. . ~~. ~ ~ "'. : -.t ~'IIOO'I' fU'W.EJ:l:fUfti'" . nh2S>i: WjBAAS$ c:rsx:''iI~. "." . '. . fl.lXl!l !OD SQ\(WPI..U!O; ',' - , ~~RJ.i:;II1I'fIH.' , WI1C ;v.DKJ$' yAAlf$' . flL ~~ ~ 1. AU. 'Tl-ftJST ~ SlW1. llE f'LoICU) POI -r.meu.'~ P' oz. J. C01lCllOt IQlG SlIU !If: PVCEIl mr:Jt ~~~. :!. }U. ~. CAST PI COIlCllETt ;tALL BE: T.o\PP.l:P la'i'W1W tlIC JiStlU.,l.l1011 " IlN;) ~ 'IllTll C>>' ~ .. t;tVmV1 /'II"C :w.u. aE SoWE Sllt M U"E pj>E. ~, CONClltTE ~ SlUU. BE fl.>>lCl': 00 + [f. IolINlIMoI fll.'<<O 111iO<N= S>WJ. lit ~-. . " t. TOIl ctL>>IOI1IS IH yAAQ AAD<. POOll l2",~ cor.i: P-'D .' 11<lCl<:. ~ CLEANOUTS~ ' 'm> " , - v - -- ... ~ ..... - - . - ,- cw>>::vr~~ 5~A11C PI.Mj - _0 NJ/(:( (TYI') FWtCE: JClH'TS (rn') r~~~) .r:rtU 1'~~ I'UiIS>f QW:f; SlJll-ilo'sf. ifRM1NATlON IN PAVEMENT ALL Ttf'ES c:tL\NOUT~ ScHrnA'Tl.c PtJ.l-I ~ _~~...., ..t....._. l C.UP:f_,J v~o - (~;;:) I ( p_.::l ivt -e I \.,J, ,'c........ L..).c.. '<;. { C. Dilc....L........ l\I.....~ Wk\-C...... ':> De I~...)n( Cn~....V\CH,I,.+-S CD @ G) (" II '<" D L ,'\ro..(J! lit' "TWAS L..,'....&:. ~~ wA'5. L,'....~ ~~=-- ~H~f'W..:nC :;:.,( eoi!\; ~ {lW} '" .- m~\/SI' " llUJ(;1( -, n:fL.2 ~~ ~ "'4' I r~/ , / i / c, . l- I.. . . J- ti..-_L August25,2003 Carollo Engineers 12952 W. Explorer Dr., Suite 200 Boise, 10 83713 Attn: William Benko Re: Meridian DAFT, Fuel Tank Dear Bill, Please find attached a quote from IBI that Len Grady went over with IBI. The tank has increased from $4,300.42 including tax to $5,336.04, a net increase of $1,035.62. $1 ,035.62 The Ewing Co., Inc. OH & Profit $ 51.79 $1,087.41 /O:::~~f, 52- UO/~~/~VV~ ~~.~O rrtA ~UOq~~~~.V '. I I ~I)IJJ. ! 1.! 1/\' . >:( ~ I[)J-" , . ---l" ..\ '.L...uLC; I . . ... .. - ., - 'I I' . . J_ \~ JtSJ Tanks · Industrial Fabrication PO Box 1243 '20394 Pinto Lane 'Caldwell ,Idaho 63606 BUS. (20B) 459-6077 'FAX (208) 459-9320 PROPOSAL-ACCEPTANCE Page 1 of 1 Pages ~ n n (9~JO<. SUBMITTED TO -- (Witt STREET 1500 EldoradQ Suite 4 to, DATE August 5, 2003 JOB NAME CITY, STATE AND ZIPCODE Boise, ID 83704 PHONE (208) 377-1500 JOB LOCATION DATE OF PLANS FAX (208) 376-1481 PROJECT DIRECTOR Bob Woodward 81 e G.SS' Bob: Thanks for the opportunity to quote a UL.2085, please look over these numbers to ensure all needad Items have been quoted. 4' .83 Oia x 5' Length Tank to include: Emergency Vents, Normal Vent,. & 7 Gallon Spill Bucket Optional Equipment. Fill Limlter- Clay & Ballay F-30: ~k ::I~!1I1 S.....~...t tJuJita": Low Alarm Contact Switch: r"'\.c ~ Leak Detectlom ~__'^~~. ~~ 'L. Mecha.nic:al Fuel Gauge'!: ~ lLh" C?~~1\-00l2-~"-1.J h. \)o"T ''\'3) , - (J..~) )~l <F~R.t.. V~ ..lf~~ (~) - ,tI RV'>\-t ~'\~ 0e...R~ ,(t.."j $ 690.00 ~ $ 8e.80-' ..Jo- $ 83.00 ~ $ ...&MO sa. $ 58.00 <10. C9.. c..JG.. ~ ,\S,~ Excludes' Taxes permits crane service to unload all site worK $ 3,750.00 Ie !J-1 ~ (1)# l/q61 tf€1~ 4> 1D &i'; /) Ii >f 2JJ( T () 1 SJjL. qOD0 , , , ~cS '< ~y ALwv. TJON CR DEV\I).T1ON FROM ABove SPECULAllONS IM/O'.VIHG ex'fAA COGTG Wll~ 9E ,"XECU1<ill Al)UIORiZeD SIGNATURE' om. V UPON WRil"reN OROERS I'M> WlLl llecoue AN &XmA CIWlGl! OVER AND ABOVE THE Al'IIOUNTSET FORlH .ABOVE. WE SHAll NOT BE RESF'{JflSElLE FOR DELA1'S CAUSE!) ~VSTRIIa;S ACClOliNTS OR OUlllR CONTJll:;eNCJI;S 6EYe140 OOl\ COtml.OI., t;lWNE!110 CJl,RRV FIRE, TORNADO AND OlHEFl Ne;cESSAI'l,Y lNSIJRANCe OlJR WORKeRG AJlE FUU V COVERED BY WOR1'>IoIEN'$ CbMPeNSATrO" NSUMNCE nlE R!<VERS" a<lloIlS DOCUMENT CONTAINS NOTE: '!'HIS PAOPOSIlL.lIIAVS.. WrtHORAWN QVUS lMPORTAI<r PROI/ISIONC WKlC"I A\.SO CONS1TTU1E 'AfiT OF1HE AORI'!a<iEl\!T, BY SIGlIlIll(> eel-OW, YOU IF NOT AccenaJ WIlliIN 3D PAYS ACKNOWlEDGE REAOIN~ THe AGR~~rIN FUL(" ACCEPTANCE OF PROPOSAL SIGt-lAl\JRE 'i1olf; MOVE PRICes 5PECFlCAl1DH$.lERMS AND CONtlI'nONS ARE S#.llSFACTORY AND ARE HEREBY ACCEPlED, YOU Al'lE AUTUORl2EOTQOO TtlE WORK AS SPECiFED.. PA'rMENfWllLBE MAoE AS OiJi\.\NeJ:IASOVI;;, DATE OF ACCEPTANCE: SIGNATURE ....."" ,.~y6"J .........~..... ...:,p..o:.. ,"",v'O'io.,~f)rJ-'IJ- ~~ ~~ ~ ~-~t ~ --- __ 4- ~t 1:== \~ ~o - ~ ~ ....- ) --- CJ'" o \ \ ~ CO \ \ \ ~i~~;a ~N~> ~~:~ ~ e ..po N ~ .......-:' ~ ffi.ts C' ---\ g \.. ~ ':3?': ~>.DcD~ ';Z:. 2. ~ {.) ~ -r't":::' a. G:> ~ .. :P" (.t') ~ 0"'0 l::::x:l ~-'"O~ ;;o~ 3' \ ::t:' . .-. ~~. ~ n........ Q ~~~ ~a ~ ~ If r- 10-1 c:: ;1$;; ~~ F ~~~ ?? \ ~ \ ':j ~\ ~ ~ I--' o , '" ~>~ Fi~- ~_I'.:l r--:>- ~C"1~ -u~~ r=~~ t;';rie ~.-\~ ..:::oP f":\ ~o,(/J ..., , '-' -'t.:l -<3'f1 g~ ~ U"\ -.l @\ ~~ \ i~ i 'S \ \ \ \ \. \ \ \ \ \ \ ... , \ \ \ \ \ \ \ /0 r-\ Z (/) w c:::::J ~ \ \..- ....t::> Ul m \krv \ -- 10 \ --J ~ -----r ~-~ ~---o;\ W 1\ ~N\-'\\ ...t> \- \ ...... ........ ....., \ ~ G'" .. ..t:> '" -,-, -0 ---I ,-, ""- "-.. ."Z ...... ~ v> ~ .- .-\ ..... -,. ~. <>0 -.:I,:>:: i;d~ c j"1 C _7:1 ro- l _-;Po ~F~Q$ Q:P:c;l'"'~ ~~$r r<1,.:::.-.iE;; Pif"'\~f'"1 ~z:.i-'-'M 0~~i;:::j . .Rug 18 03 12:0Sp Scott Wendling 208-~~:12-1363 --- ( .. J. ~ ::.3 p.2 POSI, CNING S....STEMS GeoLine Bofse 9546 Cherry Lane Nampa, 1083687 scott_wend I fng@geoline. com 208.442..1356 Fax 208.442.1363 Toll Free 888.658.1162 BeUevue 800.523.6408 ~ GeoLine. August 18, 2003 Ewing Company Attn: Bob Woodward 1500 Eldorado Suite 4 Boise, ID 83704 Dear Bob: The following is a Trimble GPS proposal for your consideration. This proposal reflects a Complete GeoExplorer CE System with TerraSync software. This system should deliver in 6 -10 Days Qty. UlM Description GeoExplorer CE System, (TFT Display w/ 64MB) INCLUDES: 1 ea GeoXT 512MB wI TerraSync Professional, Part# 49100-30 1 ea Pathfinder Office Software 1 ea Soft Case 1 ea Charging Cradle and Download Cables Price $6,695,00 Other 1 ea GeoExplorer CE Power/Serial Clip, Part# 46509-00 1 ea 2 hours Technical Support on-site Sub-Total $75.00 Included $6,770.00 When making out your purchase order for the above items, please make it out to: GeoLine Positioning Systems; Inc. 133111Sth Avenue SE, Suite 400 Bellevue, WA 98005 · Write the purchase order on your organization's leUerhead. . Provide both shipping and billing addresses. . List the equipment or attach a copy of this proposal. . Your desired delivery date. Please fax the purchase order to GeoLine at 1 (208) 442~1363. Thank you for the opportunity to help provide you with a GPS solution to suit your needs. If you have any questions, please do not hesitate to call. The Leaders in GPS Ii Optical Surveying, GIS, Mapping and Construction Technologies Sales. . Servfce . Lease . Rentals . Repairs. Training < ,RUG OS 2003 2:23PM OUTLAND STEEL, INC. 208.,,466 4095 (. ~'i p.l OUTLAND STEEL, INC. 19047 FRANKLIN RD., NAMPA, 1D 83687.80l!-7 208.466.8410l208.lf.66.4095 FAX QUOTE Date: 8.6.03 To: Ewing Company Project: DAFT Attn.: Bob Location: Meridian. ID Fax: 3 76.14-81f3 77.1500 Items: Removable posts, chain 5: hooks for pump building rail. Add for delivery ----m---m.-m-m--------------_m_______~$40 Galvanized, FOB our shop. Sales tax included. Five Hundred Forty Five &- No/lOa dollars $545 Terms Finance charge of 1 %.% interest per month on any unpaid balance. This bid proposal becomes a part of any purchase order issued. ;(<.i< Your signature faKed on this quote may serve as your purchase order,** ~ DATE AUTlIORIZED SIGNA11lRE /k4r Tm~ PRINT NAME &- TITLE PURCHASE ORDER # ,. . -/~-(e-_____ s- -d )J1echaniCctl 1,..0- C J Grd'IF I - III c . CRAIG A. LACY PRESIDENT 1500 Eldorado Street, Suite 5 Boise, Idaho 83704 Phone (208) 377-3237 FAX (208) 327-0553 July 25,2003 The Ewing Company, Inc. 1500 Eldorado St. Suite 4 Boise, Idaho 83704 Attn: Bob Woodward Re: Meridian WWTP Dear Bob, The added cost to install stainless steel piping in place of the C900 pipe on the recycle lines between the DAFT Pump Building and DAFT Tank is as follows: Material Labor6~s~$44/fIT 10% OH&P Total $2p.30 $264.00 $58.13 $639.43 Material break down: 10' - 4" SCH 40 SS 316 Pipe $21.73/ FT Please notifY us if you would like us to proceed with this work. September 11, 2003 MERIDIAN CITY COUNCIL MEETING September 1 6, 2003 APPLICANT Public Works Department ITEM NO. 3 - J REQUEST Approve Release ot Bitterroot Construction trom 2003 Locust Grove Water and Sewer Contract: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property ot the City of Meridian. RECEIVED SfP i 0 2003 City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady;;9 ~ cc: Gary Smith Date: 9/4/2003 Re: Proposed Agenda Items for September 16,2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the September 16 City Council consent agenda: Dissolved Air Flotation Thickener Proiect - Change Order #2 This change order completes the changes in yard piping which were not finalized in Change Order #1. It also includes some additional hardware required for the new diesel storage tank. Attached is a summary of the additional costs for Change Order #2, which total $4,971.25. The contract period will be extended by 7 days. % Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the Change Order #2 with Ewing Company for $4,971.25 and authorize the Mayor to sign it. Locust Grove Sewer and Water As discussed last week, this project has been on hold since June. Road closures, which were already scheduled ahead of Locust Grove, are behind schedule. Locust Grove is currently scheduled to be closed in late October. Bitterroot was awarded the original contract, but has been forced to take other work due to the long delay in starting this project. We have time to re-bid this project and meet the late October road closure for Locust Grove. Recommended Council Action: The Public Works Deparbnent recommends that City Council release Bitterroot Construction for the 2003 Locust Grove Water and Sewer contract Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of.. Lenard Grady SmffEngineer Meridian Public WorksDeparlment 660 E. Watertower, Suite 200 Meridian, Idaho 83642 .. Page 1 (208) 898.5500 Fax: (208) 887-1297 gradyl@lci.meridian.id.us September 11 , 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 16, 2003 ITEM NO. 13 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: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. W.dv /3.Mj RECEIVED DELINQUENCY FOR TURN OFF SCHEDULED FOR September 17, 2003 SEP 1 6 2003 City of Meridian City Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, September }jf2003, 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 September 17th and/or September 24th, 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.) MAYO R: 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 $45,854.61. " CITY OF MERIDIAN r Delinquent Account list- council Page: 1 Standard Payment Customers Sep 16, 2003 02:57p~ _" Current Period: 09/30/2003 No Delinquent Minimum AmountDelinQuent Balance Report Criteria: Terminated customers not included Customer.Cusl No '" (<) 9900000 Lasl Pml Last Pml Cus( No Name Balance Non-Delinq 07131/2003 06/30/2003 05/31/2003 Dale Amount 46.4610.1 4M / CANVEST LEASING 22.65 15.10 7.55 07114/2003 22.65 - 13.8426.2 A.M. THOMPSON MOONLAKE Tl 138.35 94.26 44.09 08/18/2003 46.00 - 51.3146.1 ACHD 68.18 35.83 32.35 08/08/2003 31.37. 2.1930.2 ACUNA, JULIO & 74.36 40.39 33.97 08/1512003 30.08. 2.2714.3 ADAMS. ROY & STACY 196.34 106.28 90.06 07/28/2003 70.46 . 34.0342.2 ADAMS, TROY 125.81 125.78 .03 08/18/2003 105.00. 46.4612.1 ALBERTSONS WHOLESALE 1,209.25 826.82 382.43 08/08/2003 59.18- 21.2660.1 ALDERMAN, STEVEN B 132.26 124.88 7.38 07/28/2003 88.00. 37.3822.1 ALLEN. SCOTT 62.48 31.24 31.24 07/2212003 61.50 - 31.3422.1 ALLEN. SEDENA 126.59 126.52 .07 09/1512003 48.00 - 35.0194.4 ALLMOND. JOSEPH & TAKEIA 59.36 46.28 13.08 08118/2003 45.00 . 15.0110.2 ALTA 135.90 89.62 46.28 08/0 1/2003 135.77. 47.1158.2 ALVAREZ, RDSILO & FLORA 44.13 37.29 6.84 09/09/2003 50.00- 47.1006.1 AMERICAN BUILDING 61.53 54.29 7.24 07/28/2003 26.02. 15.0126.2 AMOUREUX, RAMON & TEClA 119.70 77.20 42.50 08/0512003 42.00 . 10.0664.1 AMYX SIGNATURE HOMES 28.19 24.71 3.48 21.2254.1 ANDERSON. DAWN 100.97 65.68 35.29 08118/2003 35.29 - 31.3496.7 ANDERSON, WILBUR 249.58 192.52 57.06 09/10/2003 94.90 . 74.2432.2 ANDREWS, MICHAEL 51.82 49.86 1.96 08107/2003 47.90. 25.4010.2 ANGSTMAN, T:J. 283.46 38.23 55.87 121.07 68.29 09/12/2003 88.23 . 68.0310.1 ANJEWIERDEN. PAUL 77.52 38.76 38.76 07/1812003 80.46 - 51.1138.2 ARANA & R.C. LAND COMPANY 112.85 112.85 21.0092.1 ARCHIBALD, JACKIE 64.66 64.44 .22 09/09/2003 32.00. 42.1988.2 ARMSTRONG, GARY & LAURA 189.76 150.96 38.80 09/03/2003 100.00 - 21.1708.1 ARTE. MICHELLE & RICK 199.88 139,94 59.94 08/20/2003 80.00. 47.1052.1 ASPEN HOMES 78.96 27.65 51.31 08/14/2003 32.51. 47.1224.1 ASPEN HOMES 132.42 69.83 62.59 07/21/2003 125.10. 21.0066.1 ATHAY,ROBERT 314.34 198.06 89.72 26.56 08/0812003 71.10 - 51.3370.1 ATWOOD, CINDI 78.80 51.67 27.13 08118/2003 80.00. 50.3904.1 AVERETT, SUSAN 130.94 72.11 58.83 07118/2003 64.71 - 1.1040.2 AZEVEDO, JOE & HEATHER 92.54 63.43 29.11 - '~"-'. 08/18/2003 20.00 - 2.3550.2 BAILEY. PEGGY 107.76 45.91 51.79 10.06 08/04/2003 50.00. 32.0878.1 BALL, WILLIAM 139.32 135.58 3.74 07/16/2003 50.00 - 32.0744.1 BARNARD, WILLIAM 222.1 0 148.72 73.38 08/18/2003 56.72 . 74.0068.2 BARNETT, DAVID 56.83 56.56 .27 08/0812003 69.03 - 21.1894.1 BARNHART, Cl1NTON 224.39 158.56 65,83 08/14/2003 51.00 - 43.2448.2 BARON, KONA & MICHELLE 161.29 107.20 54.09 08/19/2003 50.24 . 21.0464.1 BARR. JERROD F 158.10 111.50 46.60 08115/2003 60.00 . 42.2714.3 BARROETABENA, J.e 357.05 202.38 139.97 14.70 06/05/2003 109.17- 2.2470.1 BAUGES. EDWARD L 65.74 64.91 .83 09/03/2003 55.00 . 74.2716.1 BAUGH, JAMES OR NANCY BEH 80.94 44.48 36.46 06127/2003 96.00 . 1.0030.2 BEAUDOIN. JOHN R 50.00 20.25 29.75 06/03/2003 27.06. 32.0860.2 BEDFORD, MICHELLE 117.08 88.54 28.54 08/05/2003 40.00 . 1.1520.3 BEEBE, JEFF 213.68 121.32 86.48 5.88 32.1076.2 BEESON, LORRAINE 157.94 128,06 29.88 08115/2003 75.00 . 33.2316.1 BELL, l1LL Y 168.14 151.22 16.92 08/20/2003 100.00 . 34.1902.3 BENGOECHEA. MIKE 151.95 99.34 52.61 07/17/2003 100.32 . 13.8568.2 BENITEZ, RICHARDO & TERRY 125.72 87.98 37.74 08105/2003 50.00. 46.0836.2 BENNETT, GREG 74.06 67.64 6.42 07/03/2003 188.96 . 34.1882.3 BENNETT, MATT & KOZETTE 164.42 136.18 28.24 08/26/2003 75.00. 21.0130.1 BESKER, GLORIA 166.30 106.62 59.68 08/1812003 56.74. ... in Msg column indicates no Nolice is (0 be senl ./"" CITY OF MERIDIAN ( Delinquent Account List- council Page: 2 Standard Payment Customers Sep 16. 2003 02:58pm Current PeriOd: 09/30/2003 No Delinquent Minimum AmounlDelinquent Balance Last Pml Last Pmt Cusl No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 42.1798.1 BETTENCOURT, RICHARD 178.53 103.92 45.59 29.02 07/25/2003 70.00 - 69.0270.1 BEZEMER. LAWRENCE 48.03 39.21 8.82 08/15/2003 38.23. 32.4068.3 BIGLEY. CYNTHIA 82.33 53.58 28.75 07/17/2003 30.71 - 50.3714.2 BINGHAM, DUNCAN & PAULINE 346.42 190.24 156.18 08/19/2003 40.00 - 33.2432.1 BIRD, TROY 130.87 86.92 43.95 08/12/2003 42.97 - 74.2724.1 BISHOP, CALVIN 125.29 66.06 59.23 08/19/2003 70.00 - 4.1834.1 BITONI, MARK 229.36 117.40 111.96 08/26/2003 89.42 - 21.0154.2 BITTICK, BRIAN 213.23 140.52 72.71 08/20/2003 87.98 - 15.0116.2 BLACHOWSKI, JOHN 109.12 55.54 26.79 26.79 06/13/2003 57.77- 20.1470.1 BLACK, JEFFREY & MARGARET 138.38 125.88 12.50 09/04/2003 55.00 - 31.3372.2 BLACK. KENNETH 165.69 113.40 5229 08/18/2003 49.35 - 33.2528.2 BLACK, WILLIAM & CAROLYN 136.77 91.18 45.59 07/21/2003 94.94. 2.4200.1 BLAKELY, CLAUDE JAMES 88.64 43.34 45.30 07/16/2003 87.66 - 4.2200.1 BLAYE, JOHN 97.16 95.16 2.00 08/12/2003 62.24 - 74.2332.2 BOBKO, RAYMOND 74.94 69.50 5.44 07/07/2003 262.01 - 21.3034.4 BOBKO, RAYMOND 300.56 191.88 108.68 08/18/2003 88.10 - 2.0446.4 BOBKO, RAYMOND 209.34 103.66 105.68 08/05/2003 58.04 - 33.4154.3 BOBKO, RAYMOND 240.40 112.06 87.01 41.33 07/24/2003 133.48 - SO.1726.2 BOESIGER. MAX 78.35 77.59 .76 09/10/2003 50.00 - 31.0S12.1 BOKMAN, HELEN 171.57 113.40 58.17 08/19/2003 54.25 - 8.0022.1 BONO CAMPBELL 84.54 78.57 5.97 21.0586.2 BONNING, ANGELA 266.70 171.92 94.78 08/18/2003 39.79 - 21.0064.2 BORUP, BRENT & JEANETTE 160.77 101.30 59.47 51.4310.1 BOWER INVESTMENTS, LLP 35.64 11,03 8.53 7,55 8.53 05/08/2003 98.27 - 51.4250.1 BOWER ST. PROPERTIES. L.LC 753.99 189.19 564.80 07/18/2003 26.32 - 32.1372.2 BOYD, JAMES 150,12 100.08 50.04 08/19/2003 50.04 " 2.3670.4 BRAINBRIDGE, STEVE 99.30 53.84 45.46 08/19/2003 43. SO - 31.3068.4 BRATT, DENISE 194.09 119.92 74.17 08/28/2003 58.49 - 31.3022.3 BREEDLOVE, RUSSELL & MICHl 187.42 80.17 107.25 05/02/2003 60.03 - 34.0420.1 BRENEMAN,JEFFERY 273.45 177.40 96.05 08/18/2003 69.59 - 21.0550.1 BRICKEY, DAN 93.85 83.08 10.77 08/15/2003 39.00 - 19.1360.1 BRIGHTON CORPORATION 52.41 34.94 17.47 07/21/2003 17.47 - 1.3510.4 BRINEGAR, E. E. 54.62 49.83 4.79 08/18/2003 60.00 - 4.1674.1 BRINKERHOFF, JOHN 315.94 210.62 105.32 08/20/2003 100.00 - 6.1504.2 BROSKI, MICHAEL & TINA 86.89 59.56 27.33 07/22/2003 29.29 - 37.3844.2 BROWN, KATHLEEN 99,52 48.90 50.62 08/19/2003 50.00 - 32.0732.2 BRUNGER, DWAYNE & LINDA 300,97 263.08 37.89 09/12/2003 50.00 - 64.0048.2 BRUSSE, N CHAO 59.46 29,73 29.73 07/21/2003 30.71 - 19.0560.2 BRYANT. LESLIE 120.34 119.36 .98 09/16/2003 58.70 - 32.1092.3 BUCKLEY, WILLIAM 300.91 223.80 77.11 08/19/2003 64.37 - 34.1844.1 BUFFAT, STEPHEN 237.22 206.84 30.38 09/15/2003 74.51 - 74.0666.1 BULL, JO ANN 45.19 45.09 .10 08/18/2003 43.03 - 33.1852.1 BUNDY. DOYLE 101.99 82.02 19.97 09/12/2003 40.00 - 14.3556.2 BURCHFIELD ENT 162.08 130.10 31.98 08/05/2003 65.00 - 19.6510.2 BURKETT. MARK 228.81 228.81 01/22/2003 83.14 " 2.4890.4 BURNS, EMMETT 133.87 93.83 40.04 08/18/2003 75.00 " 21.0472.1 BUTTERFIELD, BRIAN 175.60 116.74 58.86 07/31/2003 67.68 - 74.2722.5 CAFFERTY, LORI 60.45 51.63 8.82 08/08/2003 90.52 - 21.0522.1 CALWELL. MARC 116,21 78.50 37.71 08/18/2003 35.00 - 65.0272.3 CAMPBELL, GARY & LORI 88.64 44.32 44.32 08105/2003 46.28 - 31.2240.2 CANNON, DALE 121.79 104.30 17.49 07/22/2003 38.92 - 42.0414.2 CAPITAL CITY PROPERTY MAN 161.59 86.35 38.60 36.64 08/07/2003 36.64 - 32.0884.1 CARLSON, DEBORAH J. 166.94 129.06 37.BB 08/05/2003 100.00 - 20.1634.1 CARLSON, PATRICIA 107.98 105.20 2.78 08/18/2003 47.21 - 32.1592,1 CARLYLE, KEITH 72.94 70.98 1.96 09/04/2003 35.00 - ... in Msg column indicates no Notice is to be sent f ! CITY OF MERIDIAN Delinquent Account list- council Page: 3 Standard Payment Customers Sep 16, 2003 02:59pm Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Bala nce Non-Oelinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 34.1808.2 CARPENTER,DOUGLAS 189.30 119.34 69.96 08/19/2003 52.32 - 65.0688.1 CARPENTER, GAIL 92.98 43.50 49.38 .TO 08/1 212003 51.24 - 4.2166.2 CARPENTER, SEAN 315.99 315.99 01/22/2003 143.88 . 69,1122.2 CARTER, J.R. 110.42 58.54 51.88 08/18/2003 60.00. 65.0608.2 CARVALLO, TERI 87.57 41.99 45.58 07/16/2003 81.00. 2.6850.2 CASE. STEVEN 134.52 82.23 52.29 08/18/2003 49.35. 50.0310.2 CASS, BRUCE C 124.04 72.09 51.95 08/15/2003 49.01 " 3.0850.2 CAST. PETER & VERIONICA 157.06 70.68 86.40 08/18/2003 54.44 - 9.0199.1 CEDAR SPRINGS C/O 309.00 23.72 285.28 07/28/2003 1,034.10 - 11.5050.1 CENTERS. JAKE 191.39 118.70 72.69 07/25/2003 80.48 - 22.1328.2 CHAMBERS, ERIK & RACAHEL 334.32 219.94 114.38 07/25/2003 70.28. 21.1402.2 CHAPMAN, JAMES 129.51 110.14 19.37 09/03/2003 80.00. 7.0768.1 CHEESEBROUGH,GREGG 51.02 50.04 .98 09/1 2/2003 50.04 - 74.3676,4 CHENEY, STEVEN 52.43 33.49 18.94 08/14/2003 50.00 - 50.0500.3 CHESTER. FAYE 153.84 76.21 77.63 08/12/2003 90.37 - 74.2752.3 CHILDRESS. JACK 128.48 59.34 69.14 08/18/2003 58.37. 51.1168.3 CHRISTIANSON, ARTHUR & COI 75.30 37.55 37.75 20.1606.3 CHRISWELL, lEE ANNA 232.29 29.94 71.86 130,49 02/05/2003 111.51 - 5.0780.1 CLARK SUZANNE 136.34 67.68 68.66 08/20/2003 67.68 " 31.0790.3 CLARK, OONN 156.31 139.20 17.11 09/08/2003 80.00. 51.4293.1 CLASSIC KITCHENS 36.90 25.58 11.32 08105/2003 12.30. 4.1248.3 CLAY. STEVEN & SUSAN 80.28 42.37 37.91 42.2376.3 CLAY, STEVEN & SUSAN 337.33 238.18 99.15 08/20/2003 100.00 " 2.2800.6 CLEMENT, MICHAEL 88.10 49.71 38.39 07/22/2003 37.41 - 35.0189.2 CLOUGH, R.G. & PAM 41.27 36.27 5.00 09/16/2003 33.23 - 10.1028.2 CLYDE, TIFfANY 86.87 73.84 13.03 06/25/2003 200.00 - 13.5018.2 CLYNE. STEVEN & BRENDA 137.16 78.42 39.21 19.53 08/05/2003 38.23 - 40,0066,1 COCHELL, TIM & ANGELlA 127.76 119.92 7.84 08/08/2003 100.32 - 69.0106.1 COLDWELL BANKER/ASPEN RE 113.40 34.84 78.56 07/23/2003 87.43 - 37,3966.2 COLE, DANIEL & RENEE 60.61 49.75 10.86 22.1744.1 COLLINS, JENNIFER 101.58 53.24 27.11 21.23 06/20/2003 40.67 - 31.2268.2 COLSON, CAROL 224.60 148.10 76.50 07/28/2003 94.74 - 88.0048.1 CONNELL CORPORATION, THE 249.85 127,23 122.62 07/14/2003 162.51 - 33.2566.2 CONNEll, EDWARD 145.03 138.92 6.11 09/15/2003 70.00 - 21.1524.2 COONES, JOSEPH 220.71 154.20 66.51 08/20/2003 69.45 - 22.1598.1 COOPER, DEBBRA K 130.88 111.50 19.38 08/26/2003 58.20 - 4.0882.1 COPELAND, STEPHAN & JACKIE 153.75 35.93 58.91 58.91 06/10/2003 56.93 - 50.1412.2 CORP, WESLEY 140.92 131.30 9.62 08/27/2003 200.00 - 4.1748.1 COSGROVE, AMY 234.86 129.46 105.40 08/18/2003 101,10- 6.1406.1 COTTONWOOD HOMES 67.77 60.22 7.55 07/21/2003 3.48- 31.3420.1 COUCH, JULIA 130.46 84.30 46.16 08/20/2003 38.00 - 51.4130.1 COUNTRY GLASS 233.61 195.75 37.86 09/1112003 92.06 - 35.0182.2 COVINO. MELODY 132.11 86.53 45.58 08/21/2003 42.00 - 5.0662.2 CRANE, JACK 80.97 42.34 38.63 08/13/2003 50.00 - 3.0856.2 CRAWFORD, GALEN 84.60 46.00 38,60 07/15/2003 79.16 - 74.2336.1 CROWELL, GARY 88.05 64.53 23.52 OB/08/2003 69,43 - 31.3336.1 CRYER. JUDITH 214.13 142.10 72.03 07/17/2003 7B.40 - 50.136B.l CULVER. WARN V. 348.69 218.35 130.34 02/14/2003 400.00 - 6.1930.1 CUPP. SHAD & BECKY 110.34 90,22 20.12 08/20/2003 75.00 - 50.0284.3 DALE, MARK 261.05 167.81 93.24 08/20/2003 60.00 - 65.0710.1 DAVIS. BRIAN 61.82 52.98 8.84 08/26/2003 52.00 - 33.0282.1 DAY, ETHEL 96.05 62.40 33.65 07/21/2003 60,44 - 14.4324.1 OBD INC. 161.40 103.B4 57,56 08/19/2003 46.04. 21.3070.1 DECK. KIMBERLY 263.48 1B8.20 75.28 08/20/2003 60.00 " 74.3714.2 DEGRANGE, CHARLEY & BENTl 52.73 30.71 22.02 07/28/2003 35.00 - ... in Msg column indicates no Notice is to be sent { r \ ,- CITY OF MERIDIAN Delinquent Account Ust- council Page: 4 Standard Payment Customers Sep 16, 2003 03;00pm .... Current Period; 09/30/2003 No Delinquent Minimum AmountDerlnquent Balance Last Pmt Lasl Pmt Cusl No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amounl 72.0132.1 DEL BRADLEY STINE 120.32 54.28 66.04 07/17/2003 129.14 - 10.1110.2 DELVA. EDWIDGE 51.28 47.36 3.92 08/19/2003 21.23 - 1.0930.2 DENNEN, JEVON & HEATHER 4,95902 4,956.25 2.77 09/16/2003 80.00 - 33.3566.2 DENNISON. CHARLES 49.32 40.50 8.82 08/19/2002 373.25 - 6.1254.2 DITTMAN, AARON & JANALEE 126.11 84 .40 41.71 07/17/2003 39.75 - 33.2584.1 DIXON, COLETTE 163.25 108.18 55.07 07/22/2003 51.15 - 74.2944.2 DOHSE, ROGER 90.30 49.38 40.92 03/15/2003 50.00 - 33.2594.2 DONALDSON. NEAL 115.12 98.12 17.00 09/16/2003 30.10 - 34.2040.1 DOTY, CURTIS 174.97 111.42 63.55 07115/2003 53.75 - 32.491 2.3 DRUCE. RICHARD & SYBIL 105.00 67.06 37.94 07/23/2003 37.94 - 32.1762.2 DRURY. GARY 74.59 74.58 .01 09104/2003 36.80 - 4.2282.1 DRURY, PATRICK 213.84 138.94 74.90 07/21/2003 110.00 - 19.0072.2 DUGGINS, ROY & ALTHEA 93.72 64.44 29.28 07/21/2003 63.46 - 31.0834.1 DUMONT JR., TED 201.48 172.62 28.86 09/10/2003 80.00 - 14.5004.2 DUNCAN. JEFF & MONIQUE 182.47 182.47 01117/2003 40.00 - 25.1060.3 DUNSWORTH, BRAD & JODI 123.44 46.12 77.32 07/24/2003 94.00 - 4.1958.1 DUPLEX, HARRY 194.54 144.50 50.04 09/15/2003 68.00 - 68.0102.2 DURHAM, KYLE 87.84 29.28 29.28 29.28 06/17/2003 87.00 - 46.0854.1 DURRANT, ALAN C 223.02 151.08 71.94 08/08/2003 75.54 - 20.0042.1 DURRANT, CRAIG 354.31 251.56 102.75 07/16/2003 74.33 - 34.0746.2 DUVALL, KENNETH 154.68 114.68 40.00 08/13/2003 56.00 - 74.3784.1 EBBERS. MARIE 56.92 29.44 27.48 07/28/2003 55.94 - 9.0124.1 EDENBROOK 53.39 35.92 17.47 07/17/2003 18.45 - 6.9030.1 EDENBROOKINC 45.69 15.10 7.55 8.53 14.51 31.3034.1 EDWARDS, MARILYN 110.02 52.92 33.81 23.29 07/15/2003 20.00 - 2.2734.1 EDWARDS, MICHAEL A 156.06 92.51 63.55 08/20/2003 86.69 - 48.4120.1 ELDRIDGE, CHARLES 30.17 22.62 7.55 07/25/2003 11.31 - 21.2108.4 ELLISON, COLETTE 144.11 92.48 51.63 07/03/2003 78.76 - 6.1416.1 EMMETT PRICE & SONS 25.79 22.31 3.48 50.1240.4 ERHART, MILT 7.88 7.88 2.3464.1 ERICKSON. RICHARD 117.15 66.55 50.60 08/18/2003 53.00 - 50.1354.4 ESTATE OF BESSIE MATCHAM 162.85 56.46 77.10 29.29 08/12/2003 50.00 - 2.0320.1 ESTEP, NINA 62.11 41.49 20.62 08/15/2003 60.00 - 5.0700.1 EVANS. ANDREW 397.64 322.14 75.50 08/20/2003 150.58 - 74.2688.1 EVANS. STEVEN & KRISITE 155.94 81.03 74,91 06/19/2003 67.00 - 32.1560.2 EVERIST, JAMES 67.52 65.02 2.50 08/26/2003 30.00 - 31.0820.1 FARR, JERRY 168.59 111.74 56.85 07/21/2003 79.40 - 1.3660.1 FARRAND, SHELLlE 163.60 82.29 81.31 08/20/2003 45.56 - 42.1840.2 FETTERS FAMILY TRUST 122.55 75.82 46.73 07/14/2003 54.46 - 32.0566.1 FISHER, MELVIN 112.69 92.44 20.25 06/17/2003 36.48 - 16.3640.2 FITZEN, LARAE & LINDA 102.16 102.04 .12 09/11/2003 50.00 - 2.1660.3 FLYNN. MELANIE 158.10 93.04 65.06 07/14/2003 55.26 - 48.2696.1 FOOD SERVICES OF AMERICA 304,65 206.66 97.79 07/22/2003 191.79 - 48.2694.1 FOOD SERVICES OF AMERICA 2,695.69 1 ,262.06 1 ,433.83 07/22/2003 1,162.35 - 48.2695.1 FOOD SERVICES OF AMERICA 869.90 646.90 223.00 07/22/2003 350.40 - 69.0738.1 FORGY. MICHAEL 174.90 64.02 90.88 08/12/2003 60.50 - 31.0776.2 FOSTER. COLLEEN & WAY 160.25 98.34 61.91 08/15/2003 11.76 - 15.0010.2 FOWLER. ROBERT & KERRI 143.74 95.50 48.24 08/12/2003 47.26 - 68.0142.1 FRAZEE, ANGIE 82.15 41.01 41.14 08/18/2003 39.00 - 2.4010.3 FRED SCHIMPH 101.75 53.13 48.62 09/10/2003 53.13- 1.1200.2 FRED SCHIMPH 261.14 141.85 119.29 08/28/2003 30.00 - 50.3754.1 FRENCH, LAWRENCE 266.49 247.47 19.02 09/08/2003 90.00 - 6.1268.2 FROGLEY, DREW & MARCIE 102.59 68.72 33.87 07/28/2003 34.85 - 14.3526.2 FUCHS, KIMBERLEE 120.70 61.12 39.58 06/18/2003 38.07 - 4.1454.1 FUENTES,CHRYSTLE 149.64 91.90 57.74 07/01/2003 75.00 - ... in Msg column indicales no Notice is to be sent ,..' C ( CITY OF MERIDIAN Delinquent Account Ust- council Page: 5 Standard Payment Customers Sep 16, 2003 03:00p,m c Current PeriOd: 09/30[2003 No Delinquent Minimum AmounlDelinquent Balance Last Pml Last Pm! Cust No Name Balance Non.Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 32.1542" 1 FUHRMAN, JOSHUA 129.39 86.26 43.13 08/19/2003 42.15 - 4.1986.1 FULFER. KERRY 238.75 176.84 61.91 07/28[2003 146.63 - 32.1608.1 GABALDON. TOBY 98.44 95"50 2.94 09/03/2003 47.26 - 2.5950.3 GARDINER, DAVID 262.99 99.33 68.79 94.87 07[01[2003 194.98 - 20.1284.2 GARDNER, VINCE 120.52 120.02 .50 07/22/2003 60.00 - 34.0942.3 GARR, ERIC & MCGEE SARA 295.03 201.26 93.77 08[18/2003 54.57 - 33.2302.1 GARRARD, DALE 109.29 71.88 37.41 08/19/2003 35.45 - 21.0234.3 GARRETT, DAMON 335.74 161.92 131.43 42.39 08/05/2003 50.00 - 20.1726.1 GARRIGUS, SCOTT 296.80 184.42 9U8 18.70 07/21/2003 150.00 - 15.0644.2 GARVALDON, RONALD 103.91 67.64 36.27 07/25/2003 73.52 - 46.0188.2 GATES, JOHN 128.62 64.44 64.18 07/23[2003 93.46 - 34.2896.2 GAYTHWAITE, LARRY & TAMI 72.90 66.00 6.90 09/02/2003 30.00 - 51.3870.2 GEORGE, RICHARD & JAN 173.96 99.01 74.95 07[28/2003 71.03 - 35.1448"2 GIBBS. CINDY 38.23 37.25 .98 07/31/2003 74.50. 50.3858.2 GILL, DANIEL & DANA 89.82 52.04 37.78 07/15/2003 33.86. 33.2388.1 GLUCH. SCOTT 118.21 59.46 58.75 07/25[2003 83.31. 2.1170.3 GODBY, ORVILLE & PHOEBE 191.13 102,06 89.07 08/19[2003 83.00 - 3.0844.1 GODFREY, SHELLI 124.86 51.88 72.98 08[19/2003 45.00 - 22.1622.4 GOHR, DOUGLAS 219.78 158.48 61.30 08[20/2003 57.38. 22.1520.1 GOLD, JOHN 335.28 165.98 85.63 83.67 06/13/2003 81.71. 32.1610.5 GRANBY, JOHN & RAMONA 103.81 46.06 28.91 28.84 06[17/2003 28.00. 33.2752" 1 GRAVES, DENNIS 103.26 98.36 4.90 07/31/2003 90.52. 4.2352" 1 GREAT CLIPS 45.18 26.35 18.83 07/28[2003 22.59 - 51.0878.5 GRIEVE, JAMES 77.18 30,15 25.69 21.34 07/21/2003 42.00 - 21.1734.2 GROAT, STEPHANIE 193.04 108.24 73.72 11.08 08/19/2003 75.00 - 2.1350.1 GROSSO, BJ 164.60 87.17 77.43 07/24[2003 77.61 - 2.4290.1 GROSSO, SHADOW 56.38 30.43 25.95 07/22/2003 50.00 - 21.0462.3 GUNNARSON, HOWARD & RUn 290.46 128.60 70.67 65.24 25.95 08/12/2003 100.00 - 72.0186.2 HAISLIP, SUZY 189.52 108.78 80.74 08[20/2003 63.10 - 15.0029.2 HALL, JOHN & CAROLYN 170.57 115.04 45.46 10.07 08[20/2003 40.00 - 22.0924.1 HALL, KEVIN 132.85 132.74 .11 08/15/2003 95.00 - 32.1754.1 HALL, PATRICK 134.44 129.70 4"74 08/26/2003 70.73 - 4.1790.3 HAMMER. MARCIE 165"56 104.64 60.92 08/19/2003 76.66 - 13.8848.1 HANSEN,ELlZABETH 122.55 81.70 40.85 08/26/2003 40.85 - 33.4274.1 HANSEN. ERIK 186.26 186.26 02/18/2003 48.00 - 14.3620.3 HANSEN, ROBERT & MARY C/O 116.65 80.38 36.27 07/28[2003 41.17 - 31.0148.2 HANSON, CAREN F. 102.43 68.94 33.49 08/18/2003 33.49 - 42.1820.1 HARRINGTON.BLACK, JODY 112.74 71.96 40.78 08/1912003 40.00 - 51.2723.1 HARTLEY DIRTWORKS 141,22 65.22 76.00 21.1776.2 HARTSOOK, HOWARD 127,19 99.42 27.77 08120/2003 60.26 - 2.4630.1 HARVEY, BRUCE G. 165.07 92.85 72.22 08/1812003 72.22 - 22.2102.3 HARWOOD. WILLIAM & EMA 133.44 87.98 45.46 08119/2003 35.04 - 21.0182.3 HARWOOD. WILLIAM AND EMM, 329.81 226.08 103.73 08/18/2003 63.55 - 31.3036.1 HASSIS. PAM 171,22 128.48 42.74 08/18/2003 60.00 - 34.3234.2 HATCH, GARY 128.89 83.64 45.25 08/18/2003 44.27 - 46.0280.1 HAYES, MARCIA 95.54 67.38 28.16 08/15/2003 50.00 - 34.1702.1 HEDRICK, WENDY 319.95 295.46 24.49 09/12/2003 85.00 - 74.0798.1 HENKELS & McCOY 148.36 54.68 48.80 44,88 06/20/2003 34.10 - 22.2526.2 HERBERT. WILLIAM III 80.16 82.76 7.40 08/20[2003 63.96 - 32.0458.2 HERRELL, JACQUELINE 284,38 178.48 105.90 08118/2003 70.62 - 51.3580.1 HIGGINBOTHAM, RON 271.00 176.25 94.75 08/2012003 56.53 - 31.0150.2 HIGGINSON-MORRISON. VICKI 110.27 71.88 38.39 0711512003 37.41 - 25.0012.1 HIGH DESERT 52.41 17.47 17.47 17.47 07115/2003 28.39 - 25.0032.1 HIGH DESERT 52.41 17.47 17.47 17.47 07/15/2003 25.41. 9.9014.1 HIGH DESERT CONSTRUCTION 131.34 64.94 26.29 31.19 8.92 ... in M sg column indicates no Notice is to be sent i ( \.' CITY OF MERIDIAN Delinquent Account List. council Page: 6 Standard Payment Customers Sep 16, 2003 03:02p'm. Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/3112003 06/30/2003 05/31/2003 Date Amount 37.3644.1 HIGH DESERT CONSTRUCTION 123.24 17.47 54.99 17.47 33.31 02110/2003 52,41 - 34.1640.3 HIGHBARGER, MICHAEL & UNO 379.99 249.04 130.95 06127/2003 101.05 - 32,4860.1 HINDS, WARREN & KATHY 109,42 74,42 35.00 07/14/2003 21.23 - 19.0262.1 HINEMAN, DENNIS 120.26 114.38 5.88 08/08/2003 54.25 - 20.1668.2 HOGUE, ELLEN & PHILLIP 184.95 136,92 48.03 08/20/2003 48.03 - 4.1792.2 HOHENSHEL T, JOAN 252.88 144.84 108.04 08/05/2003 94.32 - 32.1456.1 HOlliNGSHEAD, BRETT 116.40 99.66 16.74 08112/2003 79.00 - 33,4346.1 HOLLOWAY, PAIGE 267.37 166.36 101.01 09/15/2003 50.00 - 19.0354.2 HOLLOWAY. JENNIFER & TAD 118.32 81.52 36.80 07/07/2003 78.50 - 74.1014.3 HOLLOWAY, JERALD K 101.94 39.21 40.19 22.54 07/18/2003 54.90 - 21.1928.2 HOLMES. MICHAEL & LAURIE 262,4 7 151.36 111.11 08/21/2003 62.00 - 8.0130.1 HOMER, DON & CHRISTINE 259.83 184.68 75.15 07/22/2003 69.27 - 3.0362.1 HONO, GREG & NANCY 195.08 106.46 88.62 07/22/2003 85.00 - 21.0536.1 HOOK, JAMES & CRYSTAL 245.19 156.94 88.25 08/18/2003 70.00 - 74.0344.2 HOOK, SHIRLEY 51.29 39.37 11.92 09/12/2003 25.00 - 30.6128.2 HOUDE. RICHARD & CATHRYN 59,46 29.73 29.73 08/19/2003 30.71 - 4.0810.2 HOUST, DALE & SHERRY 274.82 115,35 69.13 90.34 07/0212003 100.00 - 1.0420.1 HOWARD, TREVIS 96.12 36.76 59.36 07124/2003 57.66 - 50.0226.1 HOWELL, JAMES 291.92 163.87 128.05 08118/2003 127.07 - 74.3218.3 HUBER, STEPHANIE 60.17 45.30 14.87 08/21/2003 25.00 - 33.2764.1 HUDIGOLD ENFEA THER REAL n 179.34 101.24 39.05 39.05 06/25/2003 37.09. 42.2358.2 HUDIGOLDEN FEATHER REAL n 160.89 3.48 55.81 10 1.60 33.2338.1 HUD/GOLDEN FEATHER REAL T) 118.86 11.32 50.83 56.71 06/17/2003 59.65 - 65.0708.1 HUDDLESTON. CODY 129.82 58.54 71.28 07/2112003 74.22 - 51.0714.2 HUMPHREYS, JOHN 73.97 42.53 31,44 08119/2003 38.00 - 21.1960.1 HUMPHREYS. LARRY 339.39 119.34 172.27 47.78 08/15/2003 50.00 - 4.1630.2 HUMPHRY. KELLY & TAJ 282.24 145.58 76.66 60.00 07/22/2003 16.04 - 25.1004.1 HUNT. HILLARY 91.58 45.30 46.28 07/15/2003 25.84 - 50.1706.2 HUNT. STEVE 87.37 10.25 39.05 38.07 06/03/2003 37.09 - 49.1148.1 IDAHO HEATING AND AIR 2,061.88 1,034.66 682.81 344,41 06/20/2003 92,49 - 51.0442.1 IDAHO INDEPENDENT BANK 293.92 145.49 148,43 08/2612003 150.00 - 51.3025.1 IDAHO TENT & CANVAS 103.54 44.64 37.78 21.12 01103/2003 9.36 - 51.3024.1 IDAHO TENT & CANVAS 47,48 36.18 11,30 07/28/2003 55,42 - 33.2754.1 INGOE, BRADLEY 167.12 121.58 45.54 08/21/2003 48.00 - 50.2550.2 INTERMOUNTAIN OUTDOOR SP 108.18 78.87 29.31 74.5004.1 J 0 MARRS 103.67 62.59 41.08 07/28/2003 14.26 - 50.1221.1 JACK IN THE BOX #6010 1,356.14 700.42 403.32 252,40 07/28/2003 137.74 - 33.2760.3 JACKCI, JEANETTE & JENNIFER 146.64 116.26 30.38 08/21/2003 80.00 - 50,4506.1 JACOBSON. BETTY B. 51.91 51.01 .90 09/0312003 25.02 - 31.0868.2 JAKOMEIT, CONNIE 85.47 84.17 1.30 08t28/2003 38.39. 25.0024.1 JEFF MANSHIP 62.66 24.99 21.23 11,00 5,44 21.1912.1 JENKINS, DWIGHT 249.72 210.74 38.98 08/18/2003 160.00 . 32.1622.1 JENKINS. LELAND 122.04 80.06 41.98 08/12/2003 62.00 - 31.0736.1 JENKINS, PHOEBE 80.15 73.96 6.19 08/05/2003 50.00 - 21.2830.1 JESSEE, KEVIN 93.25 79.08 14.17 06/28/2003 50.00 - 88.0021.1 JIM RUSSELL EXCAVATION, INC 91.24 90.97 .27 08t2612003 89.03 - 46.4778.1 JL HARDY 104.81 82.22 22.59 9.9074.1 JOHN FLAHERTY CONSTRUCTIl 77.82 34.94 17,47 17.47 7.94 20.0430.1 JOHN J VNUK 120.81 64.10 34.50 22.21 07/28/2003 47.05. 88.0028.1 JOHNS PLUMBING & HEATING 453.93 120.60 333.33 08/13/2003 624.78 - 42.2482.1 JOHNSON, BRYON & MARYLEN 150.58 98.10 52,48 08/18/2003 44.64 - 20.1554.4 JOHNSON, CLAUDINE 173.51 125.80 47.71 2.1890.3 JOHNSON, STEVE & BARB 93.11 52.49 40.62 08/18/2003 50,00 - 69.0310.1 JOHNSTON, DENISE do 132.66 49.67 82.99 07/10t2003 112.13 - 51,4290.1 JONES,BRET 269.86 143.53 126.33 08/05/2003 107,53 - U. in Msg column indicates no Notice is to be sent /". i I' '.. I. CITY OF MERIDIAN Delinquent Account List. council Page; 7 Standard Payment Customers Sep 16,2003 03:02P.m, . Current Period: 09/30/2003 No Delinquenl Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 21.1934.1 JONES, DARICE 145.66 102.66 43.00 07117/2003 42.02 - 14.5006.2 JONES, KARLA 225.96 3.48 74.16 75.14 73.18 04/29/2003 66.22 - 4.1766.3 JONES. STEPHEN & CONNIE 157.89 85.65 59.63 12.61 07/15/2003 45.00 - 13.2088.3 JONES. STEWART 163.93 114.84 49.09 07128/2003 50.07 - 50.2418.2 JONES, WES & CINDY 164.30 75.19 89.11 08115/2003 40.00 - 33.3572.1 JORDAN. KATHY 222.46 160.74 61.74 08/20/2003 100.00 - 21.1058.2 JORGENSEN, ROBERT & TERI L 181.36 160.76 .60 09/15/2003 79.00 - 46.0602.4 JUDY. VICTOR 130.43 96.80 33.63 08/19/2003 54.00 - 46.0840.4 JUDY, VICTOR 58.79 56.92 1.87 0910412003 50.00 - 32.0522.2 JUHASZ, DON C. 219.86 129.44 90.42 08/22/2003 70.00. 3.0310.2 KA YLR. AMANDA 214.89 92.51 122.38 09112/2003 70.51 - 51.2711.1 KCRD LLC. 59.88 27.98 31.90 07/16/2003 27.98 - 22.1408.1 KEATHLEY,CLARENCE 146.27 144.50 1.77 09/03/2003 75.00 - 21.0028.2 KEENEY, DONLAN & EUSABEH 92.60 85.36 7.24 09/1612003 40.00 - 34.3190.1 KELLEY, SCOTT 110.23 76.54 33.69 08119/2003 40.00 - 50.1566.2 KELSO. BONNIE 57.67 49.53 8.34 07131/2003 57.64 - 33.2356.1 KENNEDY, BRIAN 112.10 79.40 32.70 08/19/2003 40.00 - 42.1810.2 KESTER, ROBERT 84.62 82.42 2.20 09/09/2003 40.00. 42.1176.1 KHAMPHAY,VANASOUK 251.26 178.16 73.10 08/2012003 75.06 - 2.0426.2 KILMARTIN. E. JAMES & CAROL 219.46 119.50 99.96 08/15/2003 53.30 - 50.0594.2 KINDALL, ARRaN & MISTIE 61.90 45.63 36.27 0712112003 77.44 - 33.2704.2 KINDALL, DAVID 72.26 71.56 .70 06125/2003 36.00 - 69.0500.1 KING, STORMY 115.58 76.66 36.92 08/18/2003 127.62 - 74.3226.1 KISSEE, ROBERT 139.92 66.64 36.64 36.64 06/12/2003 36.60 - 49.1121.1 KMY PROPERTIES, LLC 566.74 346.04 109.32 112.26 21.12 01/2112003 3.48- 22.1524.3 KOCH, CARL 296.06 216.02 82.04 07122/2003 50.68 - 32.1384.3 KRAHN, KELLY 107.41 72.94 34.47 07/1612003 65.50 - 19.6642.1 KRENZ, ROY 210.59 77.52 38.76 37.78 56.53 07/23/2003 50.00 - 46.0852.1 KRISHNEK. JOHN 95.68 63.46 32.22 07/16/2003 64.44 - 21.1550.2 KROMMENHOEK,PAUL 144.72 92.56 52.16 07/2612003 50.20 - 32.0512.2 KRUSE, BRENDA 89.67 60.76 28.91 07/1612003 48.02 - 50.4642.3 KUGEL, LISA 163.05 100.19 62.66 08/1912003 60.00 - 74.0426.1 LACY. GLORIA 126.33 60.00 66.33 06/1612003 90.45 - 3.0654.1 LAMBERT, KENNETH 84.97 64.97 09/02/2003 50.00 - 7.0260.1 LAMBSON,MARSHALL 161.30 83.59 77.71 07/2112003 63.59 - 42.4056.1 LAMOREAUX, KIM 139.21 89.54 49.67 08/05/2003 50.65 - 21.1940.3 LANCE, EDWARD & DELOY 221.61 150.36 71.23 08/1112003 136.51 - 32.0632.1 LANDER, WALLACE & VIRGINIA 247.53 158.16 69.37 08/12/2003 78.59 - 22.1842.2 LANDOW, BRUCE 90.00 48.85 41.15 07/21/2003 47.00 - 9.0002.2 LANG, GARY & JANET 128.43 85,62 42.81 25.0030.1 LANGDON, PATRICK 83.00 39.05 43.95 OB/08/2003 42.97 - 1.0890.1 LANTZ, STAN 91.38 59.03 32.35 06120/2003 100.00 - 22.0336.1 LARSON, CARl 125.86 122.92 2.94 09/1612003 65.38 - 32.0762.1 LAUFENBERG, JIM & TAMIE 323.60 233.70 89.90 07/3112003 66.38 - 21.1970.2 LAURENCE, PATRICK & ROBIN 215.34 126.54 61.80 27.00 07/22/2003 50.00 - 37.3398.2 LAWRENCE, WENDELL & KATHI 109.22 55.10 54.12 07/16/2003 112.55 - 65.0626.2 LAWTON, ANN 72.54 38.23 34.31 07/08/2003 50.81 - 34.2852.1 LEAVELL, SUZANNE 289.92 159.76 75.47 54.69 08/19/2003 40.00 - 20.1986.3 LEDO, CHRISTOPHER & GLAYD 199.16 169.96 29.20 09/0912003 45.00 - 43.0370.2 LEMAR, RICK & MELlSSA 139.82 93.54 46.28 07/2812003 93.54 - 19.7478.1 LESLl E CONSTRUCTION 60.35 35,92 17.47 3.48 3.48 42.2712.3 LESTER, DAVID & JUDITH 192.76 118.38 74.38 08/18/2003 62.62 - 33.2714.1 LEV, LORI 78,04 68.04 10.00 08/18/2003 60.00 - 31.3382.1 LEVITT, MONTE 126.32 119.68 6.64 09/15/2003 115.00 - 72.0206.1 LEWIS, PHILLIP 219.64 101.00 118.64 07/1812003 164.76 - ... in Msg column indicates no Notice is to be sent / ( , CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Sep 16, 2003 03:03pm Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non.DelinQ 07/31/2003 06/30/2003 05/31/2003 Date Amount 6.9086.2 UN, EUGENE 92.79 62.84 29.95 07/14/2003 30.93 - 7.9000.1 LOCUST GROVE ELEMENTARY 1 ,032.67 838.24 172.43 22.00 32.0602.1 LOLLEY, JUDITH 290.57 163.68 126.89 07/23/2003 91.24 - 4.1646.1 LONG,RAYME 93.06 92.06 1.00 08/26/2003 64.08 - 2.0464.1 LOVE, JEANETTE & JOHN 234.93 91.81 74.01 69.11 06/13/2003 100.00 - 33.2706.1 LOVELAND. JEREMY 142.75 109.06 33.69 08/21/2003 60.00 - 51.3066.6 LOVITT, MICHAEL 167.70 65.90 101.80 04/25/2003 66.02 . 42.0416.2 LUCAS, MARTIN 72.03 48.02 24.01 07116/2003 49.00 - 32.1320.1 LUKE, SHELLlE M. 162.10 105.96 54.94 1.20 08/1 2/2003 60.00 - 74.2320.1 LUTZ, R. KELLY 124.58 55.92 68.66 08/18/2003 55.92 - 50.0140.1 LYNN. DEE R. 141.34 85.99 55.35 09/15/2003 50.00 - 33.2340.3 LYON, CHRIS & TAMMY 174.65 103.32 71.33 07/23/2003 69.46 - 20.1758.1 LYONS, STEPHEN & LINDA 101.64 100.74 .90 09/09/2003 48.00. 74.3072.1 LYTLE, CHAD & STACEY 93.54 46.28 47.26 08/15/2003 48.24 - 4.0816.2 MACOMB, SHELLEY 78.70 33.74 44.96 08/18/2003 35.16 - 2.4480.1 MADRID, JOSEPH F 184.56 99.90 84.66 08/19/2003 84.28 - 1.0010.5 MADSEN. CHARLES & DEBRA 112.77 60.83 51.94 09/15/2003 52.00 - 1.3350.1 MADSEN, lOU 93.76 45.41 48.35 07/17/2003 71.22 - 20.1316.2 MAHANEY. TOM & PATTI 245.38 145.22 100.16 07/23/2003 148.16- 46.0456.1 MAHATHY, ANTHONY 110.88 73.92 36.96 07/22/2003 35.98 - 47.1120.2 MANNING, CLAIR 70.15 67.21 2.94 08/1912003 55.89 - 51.0486.1 MARCH, RICHARD 194.61 100.85 93.76 08/12/2003 100.00 - 42.2332.1 MARIN, JOSE 317.34 200.98 116.36 08/20/2003 80.78 - 7.0900.2 MARK WOOD 85.04 42.52 42.52 08/20/2003 104.06 - 21.1760.1 MARKLE, JAMES 108.42 108.42 02/13/2003 47.55 - 20.1308.4 MARLETT, DIANA 178.19 112.26 65,93 07/22/2003 62.99 . 35.1046.2 MARSHALL, GARY & BOBETTE 95.33 47.26 48.07 08/18/2003 52.00 . 50.2176.1 MARTlN, JASON 138.38 58.87 79.51 07/23/2003 121.96. 42.1206.1 MARTIN. LOREN 103.04 68.04 35.00 07/22/2003 69.02 - 50.0058.1 MARTIN. RAY 49.68 27.07 22.61 07/16/2003 22.61 - 21.2820.3 MARTINA, DAVID 156.05 85.04 71.01 07/24/2003 83.98 - 3.0306.5 MARTINEZ, MARIA 64.24 40.23 24.01 08/13/2003 53.90 - 74.3628.3 MARTINEZ, RICHARD 74.28 46.08 26.20 08107/2003 50.00 - 51.3620.5 MARTINSON, RUSS & BECKY 196.87 110.81 78.91 7.15 08/18/2003 60.00 - 4.1546.2 MARX, JANA & BRADLEY, JON 176.74 101.91 74.83 08/18/2003 66.99 - 22.1066.2 MAUPIN, SHELLY D 229.93 133.94 95.99 08/19/2003 85.03 - 20.1982.1 MAXWELL, BONNIE L. 173.10 116.38 56.72 08/12/2003 44.96 . 74.2902.4 MCBAINE, DONALD 92.56 46.28 46.28 08/18/2003 47.26 - 43.0020.2 MCBRIDE, MITCHELL 121.80 3.48 72.20 46.12 08/05/2003 50.04- 1.0170.2 MCCURDY, NATHAN 90.50 86.46 4.04 08/21/2003 100.00 - 50.0400.3 MCFADDEN, CLEORA 61.64 33.05 28.59 07/31/2003 28.59 - 20.1716.2 MCFREDERICK, JEFF 98,09 97.72 .37 08/18/2003 48.00 - 6.1258.2 MCGERTY, JAMES & KATHY 70.71 47.14 23.57 07/28/2003 23.57 - 50.2192.1 MCGREGOR, JASON 86.86 48.57 38.29 07/17/2003 60.00 - 51.3246.1 MCKAGUE. RICK 86.89 55.48 31.41 09/15/2003 60.00 - 2.4870.4 MCKINLEY, JUNE 222.70 172.71 49.99 08/05/2003 49.67 - 2.6270.5 MCKINLEY, JUNE 207.46 93.70 113.76 08/1812003 81.00 - 3.0504.4 MCKINLEY, JUNE 140.38 77.81 62.57 07/28/2003 65.51 - 33.2556.1 MCLEAN, BRANDON 88.50 87.58 .92 08/15/2003 90.00 - 50.2126.1 MCMAHAN, BRIAN 96.28 52.33 43.95 08/18/2003 42.97 - 31.3462.2 MCNALLY. RUSSELL 48.03 48.02 .01 08/27/2003 24.00- 2.5590.1 MEDENA. RAYMOND 127.06 65.76 61.30 07/22/2003 53.46 - 21.1132.1 MELTON, GARY 150.38 136.66 13.72 09/15/2003 53.14 - 31.3304.2 MERCER, APRIL 153.63 153.63 02/11/2003 71. 00 - 33.7618.2 MERRITT, RICK 85.89 58.24 27.65 08/21/2003 35.49 - ,.. in Msg column indicates no Notice is to be sent /" { / \ CITY OF MERIDIAN Delinquen t Account List- council Page: 9 Standard Payment Customers Sep 16, 2003 03:04pm Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 31,0494,2 MESZAROS. LILLI 148,16 97_14 51.02 08/18/2003 79,06 - 42,2084,1 MIDDLETON, J,R. 307,46 206.28 101.18 08/18/2003 174.59 - 33.0056.1 MIKE CARDINAL 579,16 579.16 10/24/2001 322.22 - 2,5330,3 MILLER. CHARLES 178.70 93.57 85.13 08/20/2003 .36 - 31.3032.3 MILLER, CHARLIE & SHELLY 171.57 114.38 57.19 08/18/2003 55.23 - 74,3696.1 MILLER, GREGORY & ERICA 98.94 67.41 31.53 08/20/2003 40.00. 42,2118,1 MilLER, JIM & SANDI 192.74 120,98 71.76 08/13/2003 65.88 - 22.1440.1 MILLER, JOSEPH 185,45 177.86 7.59 09103/2003 100.00 - 46.0340.2 MILLER, MARK 87.97 87,58 .39 09/03/2003 21.70 - 34,1964.2 MILLER, RICKEY 139.73 87.90 51.83 08/19/2003 86.40 - 34.0934.1 MIRANDA, MARK A. 162.06 146.38 15.68 09/0912003 70.25. 1.2420.1 MIRONOV, BARBARA & OLEG 154.46 87.79 66.67 08/18/2003 74,52 - 34,0580,1 MOFFAT, ROBERT 70.90 66.98 3,92 08/26/2003 32.51 - 20.1652.2 MOLEBASH, JOHN & MONICA 172,03 118.28 53.75 08118/2003 46,89 - 33,4264,3 MOMA, MICHAEL 160.61 112.50 48.11 08/20/2003 41.25 - 69.0604.1 MOODY, PHILIP & LORI 186.36 90,24 96,12 07116/2003 85.34 - 1.2330.3 MOORE, GARY 81.22 50,19 31.03 07/2212003 52.26. 46,0222.1 MOORE, KEVIN & USA 184.92 125,24 59.68 08/19/2003 88,15. 2.0926.3 MOORE, MANDY 96.60 46,61 49.99 07131/2003 3,52 - 4.1634.1 MOORE. RUSSELL C 108.21 64.73 42.63 .85 0710912003 80.00 - 21,3098.1 MORAN, RICHARD 205.03 184,34 20.69 08/08/2003 100.00 - 31.3524.2 MORGAN, DAVID & LEAH 164.21 114.70 49.51 07101/2003 75.59 - 13.0006,4 MORGAN, SKY & MADELYNN 120.20 82.42 37.78 0711412003 108.50 - 3,0889.1 MORNING GLORY #2 HOA 10.44 10.44 2.5630,2 MORRISON, DWAYNE 125.16 105.37 19.79 09/15/2003 62,88 - 32.0654.1 MORRISON, MICHAEL & BENICI, 337.17 337.00 .17 08/18/2003 100.00 - 47.0006.1 MORRISON, RUSSELL 136.48 61.84 74.64 08104/2003 88.30 - 1.0780.3 MORTENSEN. CAMMI 205.52 126.67 78.85 08/20/2003 62.00 - 74,0022.1 MORTON. MERRILEE PARK 108.57 108.45 .12 08/1212003 56.51 - 74.2666.1 MOSER, CAROLYN 153.32 78.62 74.70 06125/2003 119.02. 55.1150.1 MOUNTAIN WEST BANK 148.50 74.25 74.25 07/2812003 78.01 - 1.0076.3 MOUSER. ADRIAN 172.66 103.07 69.59 08/20/2003 49.99 - 32.0650.2 MOWRY,CHARLOTTE 215.60 112.70 60.27 42.63 06/16/2003 74.97 - 21.1122.1 MULLIN, MICHAEL 226.04 178.46 47.58 07/2112003 41.70 - 69.1258.2 MUL TERER, JAMES 204.92 92.66 112.26 07/21/2003 80.90 - 25.1086.2 MURRAY, ERIC 70.00 35.00 35.00 07/16/2003 35.00 - 19.6506.2 MUSICK, LYLE 131.51 88.96 42.55 08108/2003 43.50 - 74.2942.2 MYRICK, DONALD 86.28 42.65 43.63 08/18/2003 51.47 - 74.3654.3 NAGLE, GEORGE & JUDY 95.07 34.63 30.71 29.73 07/22/2003 27.77 - 35.1407.1 NAMPA MERIDIAN IRRIGATION 6.96 3.48 3,48 07/18/2003 3.48- 1.3691.1 NAPA S & E AUTO PARTS 96,68 43.66 36.80 16.22 08/0512003 25.04 - 46.4660,2 NATIONAL WATER WORKS 1,326.12 753.26 380.43 192.43 07/2212003 271.39 - 22.1038.3 NAUMAN, EMILY 376.23 250.00 126.23 08/18/2003 100.00 - 21.0220.1 NEELY, SCOTT 237.48 190.88 46.60 08119/2003 120.34 - 8.1070.1 NEIDER, KYLEE & MENDI 100.86 96.40 4.46 07/1512003 3.48- 46.0570.3 NEIL, STEVE 96.66 65.42 31.24 08/18/2003 63,20 - 19.0046.2 NEITZELL, JAMES & HEATHER 227.72 156.60 71.12 08/1812003 60,00 - 3.0368.2 NEIWERT, RANDI 51.19 50.21 .98 2.1150.2 NELLESEN. JOSHUA & KELLY 49.76 49.71 .05 09/04/2003 23.34 - 69.0600.1 NELSON, MARK & GLENDA 235.98 114.56 121.42 08/0812003 101.82 - 3.0660,1 NEWHOUSE, RAYMOND & TINA 122.21 52.82 50.86 18.53 07/14/2003 80.00 - 25.4310.2 NICHOLS, MICHAEL 37.94 36.96 .98 08104/2003 37.94 - 74.0664.1 NIELSON, STEVE 42.93 40.67 2.26 09/15/2003 44.00 - 22.1290.1 NIGH, MICHAEL 254.34 204.94 49.40 09/1212003 50.00- 50.2238.2 NOSALSKIY, RUSLAN 52.31 50.05 2.26 08/18/2003 85.00 - ... in Msg colu mn indicates no Notice is to be sent >> >' ( CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Sep 16, 2003 03:05pm. Current Period: 09/30/2003 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 42.2338.2 NOSE. WAYNE & RHONOA 252.93 162.74 90.19 08/18/2003 78.43 - 2.5370.1 ODOM, SHERRY 133.64 57.40 76.24 08/13/2003 40.00 - 16.3302.2 O'HARE, JUDITH 180.82 119.36 61.46 08/19/2003 53.00 - 13.8816.2 OLIVER, SHELLI 158.92 90.92 68.00 08/0112003 87.00 - 14.4448.3 OLSEN, MARK & SHERILL 90.76 87.00 3.76 08/12/2003 42.52 - 32.4954.1 ONEIL HOMES 131.58 62.48 68.76 .34 08/20/2003 72.00 - 32.1460.1 OSBURN. JODY 126.4 7 83.66 42.81 07/28/2003 44.77 - 35.0063.3 OVERGAARD, JOSH & ALLYN 47.79 46.81 .98 51.3430.2 OVERTON, DAVID 133.20 93.97 39.23 07/18/2003 46.69 - 22.0454.1 P. JANSSON, JANIE 214.50 198.72 15.78 08/20/2003 150.00 - 9.9058.1 P.J. SMITH 52.40 34.94 17.46 07/21/2003 14.00 - 9.9060.1 P.J. SMITH 53.42 35.92 17.47 .03 07/21/2003 12.00 - 2.1280.1 PACK, TRACY 84.00 38.35 45.65 07/18/2003 37.81 - 21.2230.1 PAGE, LINDA 83.78 68.36 15.42 09/02/2003 50.00. 15.0043.2 PALMER, TROY 130.89 84.32 46.57 08/13/2003 46.57 - 15.0524.1 PATTEE. RICHARD & ROSIE 160.42 105.64 54.78 08119/2003 54.78 - 51.0318.3 PAULIN, BEN 70.01 38.27 31.74 08/25/2003 30.00 - 65.0346.3 PEDERSEN. DOUGLAS & KATHf 52.77 36.27 16.50 08/18/2003 60.00 - 51.3810.2 PERKINS, BRADLEY & PATRICII 89.19 89.09 .10 08/18/2003 111.57 - 69.0214.1 PERRY, DAN & LORI 116.02 57.03 58.99 08/18/2003 57.03 - 35.0101.2 PETRAIN, JAMES 146.80 30.00 116.80 0211 212003 32.45 - 31.0156.3 PETTINGILL, LEWIS 142.66 90.84 48.85 2.97 08/19/2003 40.00 - 32.0490.4 PFAFF, CHRISTOPHER & KRIST 163.69 105.86 57.83 07/14/2003 48.03 - 34.3337.1 PHEASANT POINT C/O 1,139.40 780.18 359.22 08/07/2003 249.46 - 42.1842.1 PHILLIPS, ANIKA 65.04 63.06 1.98 08/12/2003 65.00 - 32.1636.1 PHILLIPS. ERNEST 95.88 76.14 19.74 08/20/2003 19.31. 21,3022.3 PHILLIPS. SCOTT & MELANIE 1 63.48 144.48 19.00 08/18/2003 100.00 . 74.3560.2 PICARD, VINCENT 70.00 34.02 35.98 07/22/2003 31.45. 36.1020.1 PIERCE, ROBERT 72.03 24.01 24.01 24.01 07/09/2003 49.00 - 42.1160.1 PIETRZAK, JOHN 131.48 87.98 43.50 07/21/2003 87.98 - 21.1086.2 PITCHER, MIKE& CHRISTA 309.30 204.94 104.36 09/1 212003 80.00 . 46.0588.3 PLlNE. NERISSA 95.68 64.44 31.24 07/08/2003 31.27 . 22.1344.1 PLOTT. JOHN 169.70 140.26 29.44 08/18/2003 50.00. 2.3340.1 POE, RICHARD 170.43 169.61 .82 08/19/2003 149.00. 34.1412.5 PONA TH, JOHN 174.24 126.46 47.78 07/07/2003 134.65. 1,2780.1 POPEL. LAURIE 140.12 87.48 52.64 07/18/2003 75.88 . 46,0250.3 POTTER, GWENDOLYN C/O 111.25 71.88 39.37 07/18/2003 171,19 - 50.2402.1 POWELL. RANDY 144.66 81.91 62.75 08/22/2003 41.58 - 19.0554.1 PREMIER SYSTEMS 56.17 38.70 17.47 09/03/2003 21.23 - 34.1940.2 PRESLEY, ALLISON 167.11 103.24 63.87 08/18/2003 30.76. 2.0418.2 PRICE, DOUGLAS 203.59 153.61 49.98 07/22/2003 126.80 . 74.3418.2 PRINDLE. SHELLY 153.78 59.18 94.60 08/20/2003 65.00 - 21.1828.2 PRINTZ. DENIA 181.20 85.70 48.24 47.26 07/21/2003 48.49 - 4.2248.2 PUCKETT. RUSSELL 238.96 162.30 76.66 08/26/2003 90.00 - 1.0100.2 PYLlCAN. WOODROW A. 131.29 131.29 02118/2003 45.26 - 34.1172.1 QUARNBERG. CARL & DOROTH 255.87 172.54 83.33 08/20/2003 91.17 - 21.1476.2 QUINTANA, LOUIS 83.31 55.54 27.77 08/19/2003 28.75 - 52.0302.1 R T NAHAS FURNITURE STORE 107,90 67.07 40.83 08/01/2003 81.66 - 74,0902.2 RACKHAM, LARRY 46.40 23.20 23.20 07/22/2003 45.77 - 50.3752.3 RASMUSSEN, JACOB 1 71.67 94.79 73.67 3.21 07/22/2003 60.00 - 50.3862.2 RATARIUS. TAMERA 97.92 50.21 47.71 08105/2003 39.87 - 16.3001.1 RATCLIFFE INVESTMENTS 20.88 20.88 50.4594.2 RCG INC 45.24 44.36 .88 08/15/2003 40.00 - 42.1916.3 REGENNITTER, CONNIE 147.57 131.68 15.89 09/16/2003 22.00 - 21.0118.2 REIS, DAVID 90.78 60.52 30.26 07/16/2003 61.50 - ... in Msg column indicates no Notice is to be sent /':"'. ( { CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Sep 16, 2003 03:06pm n Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquenlBalance Last Pmt Last Pml Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 72.0138.2 REITHER, THAX 138.64 68.34 70.30 07/31/2003 77.16 - 21.2918.1 REYES, KAREN 180.52 155.60 24.92 08[19/2003 100.00 - 33.4578.1 RHINEHART, DOUG & MARY 209.34 145.80 63.54 08/20[2003 70.00 - 33.2336.1 RICHARDSON, JAMES 185.81 122.24 63.57 07[22[2003 62.59 - 4.2320.1 RICHARDSON, ROD 338.58 238.58 100.00 08/19/2003 175.18 - 51.3154.5 RICKORDS, SHANNON C/O 201.20 124.88 76.32 08/05/2003 46.92 - 14.3548.3 RIEGERT, FRANZ & FAE 107.83 71.56 36.27 08/05[2003 37.25 - 42.0310.3 RINKE, JOE & SMITH. RANDALL 174.55 117.70 56.85 08[18[2003 40.38 - 33.3726.1 RISH CONSTRUCTION. MERRill 137.25 90.52 46.73 08[05/2003 43.36 - 50.0306.2 RITTENHOUSE, CRAIG 65.29 40.41 24.88 OS/20[2003 100.00 - 22.2072.2 ROBERTS, CATHERIN 17.75 17.75 11/21/2002 53.25 - 51.3300.1 ROBERTS, DAVID 110.96 68.49 42.47 08/05[2003 46.32 - 69.0422.1 ROBERTS, DOUG 45.04 41.54 3.50 07[16/2003 41.54 - 50.4534.1 ROCKE, SEAN 64.90 36.15 28.75 08/08/2003 29.73 - 37.2956.1 ROCKY RIDGE HOMES 11.70 7.24 4.46 51.3214.2 ROEHR, CLINT 263.54 144.29 119.25 07118[2003 132.97 - 35.0105.2 ROONEY, BRUCE & PAIGE 93.46 45.75 43.79 3.92 08[26/2003 43.79. 34.1946.4 ROSIN, DOUGLAS & KIMBERLY 273.07 155.84 117.23 08/18[2003 85.87. 52.1643.1 ROY ENTERPRISES LLC 352.90 171.06 181.84 08/18/2003 171.06 - 52.1644.1 ROY ENTERPRISES LLC 253.78 130.65 123.13 08/18[2003 123.13 - 22.0914.1 RUCKER. JEAN 207.96 132.76 75.20 08[15/2003 59.63 - 47.0074.2 RUMSEY, PHILIP & JENNIFER 113.86 45.63 68.23 08/19/2003 38.23 - 2.3180.1 RYAN, WALTER 189.68 96.59 93.09 08/26/2003 60.00 - 21.3064.2 SANCHEZ. LARRY & JEANNETTI 158.27 158.22 .05 08/18[2003 80.53 - 42.3112.2 SANDERS, JOHN 89.28 86.34 2.94 08[13/2003 37,78 - 34.1078.2 SAVELBERG, DOYLE 132.43 97.96 34.47 08/2012003 31.53 - 9.0092.1 SAWTOOTH HOMES 49.42 38.70 7.24 3.48 9.0098.1 SAWTOOTH HOMES 45.66 38.70 3.48 3.48 88.0035.1 SCARISBRICK DENTAL LAB 25.00 25.00 22.1386.1 SCHAEFFER, MICHAEL 256.76 155.94 100.82 08[05/2003 126.00 . 74.0382.2 SCHILDHAUER, YOLANDE 183.46 99.64 83.82 08/2212003 78.00 " 31.3266.3 SCHLITT, GARY 148.63 74.84 73.79 07/30/2003 89.54 " 32.1642.1 SCHMIT. JAMES 84.03 83.98 .05 08118[2003 69.00 " 42.3050.1 SCHOLZ. LESLIE 163.92 88.30 75,62 07[23/2003 96.85 " 21.1870.1 SCHOPPELREY, DOUGLAS & CI 181.90 176.84 5.06 09/1212003 88.42 - 51.3720.2 SCHOW, BART & ALISSA 176.66 114.51 62.15 09/0212003 100.00 - 37.3846.1 SCHROEDER ENT INC 34.94 17.47 17.47 07/31/2003 45.82 - 9.0020.1 SCHROEDER ENTERPRISES IN( 24.43 20.95 3.48 3.0677.1 SECO ASSOCIATES INC 18.82 18.82 09[18/2002 14.12 - 3.0676,1 SECO ASSOCIATES INC 111.05 85.53 25.52 06[03/2003 90.00 - 34.1874.1 SEELY, RANDALL C. 118,92 111.08 7.84 09[10/2003 50.15 - 35.2392.2 SEMMER, CHAD & MARY 80.06 39.05 41.01 08/19[2003 41.01 - 33.2402.3 SHACKELFORD. RANDALL 82.33 54.56 27.77 07[31/2003 28.75 - 6.9242,1 SHADOW MOUNTAIN HOMES 22.34 18.86 3.48 07[22/2003 3.48- 13.8992.1 SHADOW MOUNTAIN HOMES 45.66 38.70 3.48 3.48 30.6114.1 SHADOW MOUNTAIN HOMES 60.58 19.43 19.43 18.45 3.27 07/2212003 3.69 - 21,0034.1 SHAFER, JERRY 166.40 165.42 .98 09/0212003 70.00 - 13.4028.2 SHAKE, KENNETH & CARRIE 119.11 79.08 40.03 08/18/2003 41.01 - 22.1316.2 SHAW, OWEN & CHRISTINA 226.73 208.72 18.01 08/20/2003 120.00 - 50.2420.2 SHAW, ROBERT 131.07 62.34 68.73 07/21/2003 107,92 - 32.0970.4 SHEARER, JOE & RENEITA 286.94 200.64 86.30 08/26/2003 71.60 - 13.9090.2 SHEARER. TRACY & PAMALA 131.98 88.64 43.34 07/25[2003 43.34 - 21.1154.1 SHELAMER, KATHY 208.77 141.14 67.63 07/28/2003 50.97 - 34.2048.1 SHEPERD, CRAIG 122.26 119.26 3.00 09/15/2003 56.63 - 50.0292.1 SHOEMAKER. T AMI 131.39 85.49 45.90 09[11/2003 75.00 - ... in Msg column indicates no Notice is to be sent , c , CITY OF MERIDIAN Delinquent Account List- council Page; 12 Standard Payment Customers Sep 16, 2003 03:07pm Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Bala nce Non-Delinq 0713112003 0613012003 05/3112003 Date Amount 3.0292.1 SHURTZ, ROD 267.18 123.94 14324 08/18/2003 120.00 - 21.0208.1 SILSBY, TERRY 288.48 130.10 123.36 35.02 07118/2003 50.00 - 2.2500.1 SILVA, JOSEPH 158.60 121.95 36.65 09/11/2003 90.00 - 34.0528.2 SilVA. STEVEN 261.12 204.28 56.84 09/03/2003 40.00 - 21.2836.2 SINGLETON, RODNEY 195.93 137.68 58.25 08/20/2003 56.29 - 31.3464.3 SIRANI, JOSEPH & LINDA 1 27.45 89.54 37.91 34.0822.1 SITZLAR, RON & GAY 109.79 109.12 .67 0910412003 73.00 - 34.0826.4 SITZLER, RON 146.72 111.72 35.00 09/04/2003 35.07. 2.0380.1 SKIVER. WAYNE 0 183.56 80.89 51.87 49.91 .89 07/14/2003 50.00 - 31.0134.1 SLCINVESTMENTSlLC 67.73 40.85 14.17 12.71 07/0212003 39.05 - 74.1086.3 SLYTER, GORDON 76.80 38.89 37.91 74.1114.2 SLYTER, GORDON 97.06 47.55 49.51 08/08/2003 93.40 - 2.1700.2 SMITH, LEON & JANICE 71.53 47.55 23.98 08/04/2003 60.00 - 50.0012.1 SMITH, PAUL H. 80.24 78.95 1.29 09/09/2003 60.00. 32.4822.3 SOMAZZI, ROGER & JENNIFER 97.96 85.70 12.26 08/19/2003 35.00 - 32.1576.1 SON. DAVID & SHELLlE 62.13 42.46 19.67 09115/2003 25.00 - 33.2646.1 SONDERMAN, MARTIN 128.00 4.46 36.94 86.60 04/08/2003 83.23 - 1.0480.2 SPEAR, GAYLEN & JEANNE 54.68 29.08 25.60 07/21/2003 24.62 - 69.1640.2 SPENCER, SHIRLEY 47.64 45.78 1.86 08/08/2003 77.95 - 34.3316.1 STADLER, STEPHEN & HEATHE 227.42 150.94 76.48 08/18/2003 37.00 - 3.0426.2 STAGGERS, PERRY 350.82 234.48 116.34 08/18/2003 110.26 - 42.2040.2 STAHL, KARIN 209.38 136.32 73.06 08/18/2003 82.86 - 21.0136.2 STARK, MIKE 93.72 63.46 30.26 07/21/2003 31.24 - 21.0200.3 STARR, DALE & MICHELLE 203.85 148.64 55.21 07/21/2003 82.98 - 22.1048.1 STEINER, THURSTON 259.90 170.98 88.92 08/20/2003 73.24 - 32.0792.2 STEPHANS, LEANN 114.06 113.78 .28 09103/2003 80.00 - 42.3056.4 STINAR.ILENE 96.35 93.86 2.49 08121/2003 50.00 - 74,3470.2 STOCKTON, JASON 16H2 12826 35.16 07/29/2003 66.14 - 21.0152.2 STODDARD, NORMAN 241.26 153.00 88.26 08/18/2003 66.70 - 22.1406.2 STRAIGHT, PHILLIP 163.38 156.92 6.46 09/0912003 70.00 - 51.0938.5 STRATE, EUGENE 92.06 56.61 35.45 07/2212003 55.34 - 69.0186.1 STRAWN. CHRISTOPHER 80.84 38.95 41.89 07/30/2003 74.05 - 25.1020.2 STRAWN, JOEl & MARGOT ANt\ 51.36 25.68 25.68 08/18/2003 52.34 - 31.1060.1 STRONG, EARNEST 223.66 132.34 91.32 0812012003 42.00 - 21,2922.3 STUART, DEAN & DIANE 271.16 199.72 71.44 08118/2003 111.62 - 51,0322.1 STUTZMAN, JULIE 45.45 41.53 3.92 07/28/2003 19.43 - 32.0664.1 SUITER, JOHN W. 140.19 140.16 .03 09/04/2003 83.31 - 22.2080.2 SUMMERS, JOCK & JULIE 150.49 99.02 51.47 08/1812003 46.57 . 50.0232.4 SUNSET PROPERTIES, LLC. 76,80 38.89 37.91 34.2702.1 SWARTZ, DANIEL 155.89 105.56 50.33 07/21/2003 102.62 - 13.2080.2 SYKES, KENNETH 96.07 62.74 33.33 07121/2003 37.25 - 69.0484.6 TADEVIC, TOM 124.28 60.18 64.10 08/2212003 91.52 - 37.3982.2 TALLMAN, JULIE & TROY 134.38 56.90 77.48 08/08/2003 45.17 - 13.8480.2 TARP, PAUL & KAREN 90.14 89.54 .60 08/21/2003 44.17 - 2.4960.1 TATMAN, CHRISTY 186.48 117.82 68.66 08/20/2003 62.78 - 1 .3250.1 TAYLOR, DENNIS F 149.33 68.47 80.86 04104/2003 67,94 - 50.1020.1 TECO INVESTMENTS 76.65 74,71 1.94 08/1812003 100.00 - 47.0052.4 TENNANT, ROBERT & CONNIE 110.66 59.03 51.63 88.0063.1 TERIYAKI STIXlHOGI YOGI 25.00 25.00 3.9836.2 TERRACE PlAZA L.L.C. 186.10 93.05 93.05 07125/2003 89.29 - 46.0402.1 TESAR. TRACI 88.97 86.02 2.95 09/0312003 43.50 . 34.1826.1 THAMES, DAVID & SUSANNE 117.03 108.48 8.55 08/13/2003 55.00 . 32.5500.1 THE CHURCH OF JESUS CHRIS 779.51 483.00 296.51 07/2212003 273.95 . 49.1241.1 THE PRINTING PRESS 460.72 459.72 1.00 08/19/2003 142.62 . 4.1400.1 THIES, GREGORY 81.42 81.42 1 2103/2002 59.17 - ... in Msg column indicates no Notice is to be sen t cr'- -"" r ( \. CITY OF MERIDIAN Delinquent Account List- council Page; 13 Standard Payment Customers Sep 16, 2003 03;08pm Current Period; 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 42.1074.1 THOMANN. MARK 278.62 196.40 82.22 08/20/2003 66.54 - 51.1172.2 THOMAS/ANDERSON PARTNER 62.86 29.55 33.31 07/28/2003 29.55 - 32.1558.4 THOMPSON. GARY 150.02 98.70 51.32 08/19/2003 70.00 - 50.2110.2 THOMPSON, RHONDA 107.40 59.85 47.55 08/19/2003 47.55 - 13.8124.2 THOMPSON, RYAN 95.82 94.52 1.30 09/03/2003 44.00 - 1.1950.1 THORNE, TORY 277 .48 154.69 122.79 08/19/2003 11 8.87 - 1.1940,1 THORNE, TORY L 206.88 113.51 93.37 08/19/2003 86.51 - 35.3062.2 THORNTON, SUSAN & MARK 73.92 37.94 35.98 0712112003 36.97. 19.6614.1 THURBER, JIM 93.57 93.54 .03 08119/2003 46.25 . 21.2768.2 THURBER. RICHARD 232.92 139.60 93.32 08/04/2003 108.24 " 19.0538.1 TIETJEN, JILL 116.64 64.94 17.47 18.45 15.78 42.2544.2 TINTSMAN. TODD 255.87 162.74 93.13 08/15/2003 74.51 - 74.2520.1 TOLAND, DAVID 98.25 98.16 .09 08/21/2003 186.00 - 50.4022.3 TORGESON. MATTHEW 91.71 37.63 37.09 16.99 08115/2003 25.00 - 33.9110.1 TOUCHMARK 78.73 49.98 28.75 07/16/2003 57.50 . 33.9114.1 TOUCHMARK 72.43 43.68 28.75 07116/2003 42.46 " 33.9112.1 TOUCHMARK 56.17 38.70 17.47 07/16/2003 46.22 - 33.9020.1 TOUCHMARK CONSTRUCTION 33.17 29.69 3.48 22.0990.3 TOWNSEND, BRYANT & TANISH 150.51 102.00 48.51 07/21/2003 116.13 - 2.3510.1 TRAVIS, HANSEN 77.10 67.27 9.83 08/18/2003 100.00 - 35.7838.1 TREASURE VALLEY PEDIATRIC. 100.60 93.05 7.55 09/11/2003 22.59 - 35.3032.1 TRINITY HOMES 100.49 43.79 44.84 8.38 3.48 04/22/2003 20.00 - 64.0184.2 TUCKNESS, DEBBIE & STONEY 77.12 37.09 40.03 07/22/2003 45.91 - 2.2230.2 TUDEHOPE, HEATHER 104.76 54.61 50.15 08/15/2003 79.17 - 25.4026.1 TUSCANY HOMES 109.48 109.48 21.1174.1 TWADDLE, DAVID 127.72 127.52 .20 09/15/2003 105.32 - 50.1376.1 U,S. POSTAL SERVICE 455.52 249,94 205.58 07/09/2003 201.82 - 50.1373.1 U.S. POSTAL SERVICE 993.38 627,30 366.08 07/09/2003 177.92 - 2.4840.4 VALESKO, DONALD 68.68 63.48 5.20 09/09/2003 45.00 - 3.0278.1 VANDERMEER,ALETA 84.92 46.16 38.76 07/28/2003 38.76 " 2.3360.1 VANTRIES, R.W. 102.79 89.07 13.72 08/19/2003 72.85 - 31.2304.4 VARIN, ANDREW 199.49 137.24 62.25 08/19/2003 60.29 - 22.1770.3 VAUGHAN, WILLIAM & LORI 79.40 76.46 2.94 08/15/2003 36.27 - 31.3234.2 VEGA, CRISTOBAL 159.79 102.28 57.51 21.1032.1 VELADA. FEDERICO 186.46 130.06 56.40 08/20/2003 45.62 - 88.0064.1 VERIZON 50.00 50.00 50.0136.3 VICTORY, CHRIS 207.38 113.27 94.11 07/18/2003 164.64 - 2.1860.3 VICTORY, CHRISTOPHER 136.86 66.74 70.12 08/18/2003 54.44 . 34.1520.1 VICTORY. CHRISTOPHER 98.01 68.28 29.73 07/21/2003 29.73 . 32.0656.3 VICTORY, MICHAEL & YUNSUK 151.93 99.00 52.93 08/06/2003 34.90 - 21.0080.1 VINCENT, SPARKY 539.83 127.16 99.84 59.66 253.17 07/30/2003 59.66 - 50.3742.2 VNUK, JOHN 385.89 164.39 118.77 95.25 7.48 07/30/2003 50.00 - 32.0974.1 VOSS, KURT 188.69 131.02 57.67 07/29/2003 48.85 - 2.1430.4 WADDOUPS,DOROTHY 116.56 67.37 49.19 07/07/2003 135.24 - 35.5017.2 WAGEMAN. CLINT 92.80 46.89 45.91 07/25/2003 66.19 - 5,0464.2 WAGONER, LONNIE & TONI 151.06 99.06 52.00 08/12/2003 50.00 - 4.2046.2 WAIKERT, ANTHONY 170.10 103.45 66.65 07/09/2003 61.75 - 1.2310.2 WALKER, BETTE 84.58 83.26 1.32 09/09/2003 70.00 - 31.0862.2 WALKER. BRYCE 139.28 98.76 40.52 08/05/2003 46.00 - 1.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29.17 - 32.0576.1 WARD, NORRIS 131.37 131.36 .01 08/12/2003 68.12 - 48.2651.1 WATER WORKS CAR WASH INC 337.76 21t78 125.98 07/28/2003 127.94 - 19.4470.2 WATLINGTON, JUSTIN 113.82 76.86 36.96 07/22/2003 38.92 - 42.0462.4 WEBB. HENRY & CHERRIE 186.52 124.60 61.92 08/26/2003 69.00 - 21.2712.5 WEBBENHORST, JED 177.52 119.98 57.54 08/18/2003 43.76 - ,., in Msg column indicates no Notice is to be sent ( , ~, CITY OF MERIDIAN t Delinquen! Account List- council Page: 14 Standard Payment Customers Sep 16, 2003 03;08pm Current Period: 0913012003 No Delinquent Minimum Amoun!DelinQuent Balance Lasl Pml Last Pmt Cusl No Name Balance Non-DelinQ 07/31/2003 06/30/2003 05131/2003 Date Amount 52.10n 1 WELLS FARGO BANK 245.10 126.96 118.14 07/16/2003 62.28 - 65.3116.1 WELLS. DARIN 5652 27.77 27.77 .98 08/1912003 27.77 . 2.0922.1 WEST. THOMAS 41.35 38.93 2,42 08/08/2003 60.00 - 23.1000.1 WESTLAWN HILLS 77.33 48.31 14.51 14.51 50.3890.1 WHIPPLE. JEFF 57.06 55.59 1.47 09104/2003 44.27 - 42.2492.1 WHITE, TAMELA 217.90 144.84 73.06 08/20/2003 61.00 - 50.0194.1 WHITNEY, CLAYNE 64.60 48.89 15.71 0910912003 15.00 - 74.0064.2 WHITSITT, JOSEPH 175.59 83.51 92.08 08/20/2003 100.00. 52.0262.1 WILD SHAMROCK LLP 30.20 7.55 7.55 7.55 7.55 05/1312003 517.67 - 46.0214.1 WILLIAMS, SHANE 203.57 116.04 87.53 07/24/2003 119.47. 32.1252.2 WILLIAMSON, DALE 90.17 62.40 27.77 07122/2003 28.75 - 50.0070.1 WILLIAMSON, JOHN 52.65 43.01 9.64 08/14/2003 38.55 - 2.0250.1 WILLIAMSON, JOHN F 60.20 41.01 19.19 08/14/2003 45.91 - 2.0290.1 WILLIAMSON, JOHN F 58.99 39.21 19.78 08/14/2003 46.07 - 2.0260.1 WILLIAMSON, JOHN F 115.48 53.43 62.05 08/14/2003 53.43 . 2.0280.1 WILLIAMSON, JOHN F 34.47 29.73 4.74 08/14/2003 29.73 . 32.1638.2 WILOTH, MARK 85.38 57.90 27.48 07116/2003 81.45 - 33.3662.1 WILSON, RANDY 94.44 91.50 2.94 09/16/2003 44.77 - 33.4282.3 WOLIN, DALE & LOIS 99.10 66.72 32.38 07/1412003 32.38 . 74.1028.8 WOOD, MARK 90.56 47.24 43.32 07/1812003 37.44 . 34.1506.2 WOODWARD, ROBERT 150.36 79.40 70.19 .77 07/23/2003 70.00. 14.5007.2 WORCHESTER, WES & SUSAN 92.13 62.40 29.73 07/22/2003 60.44 - 32.1632.1 WRIGHT, MICHAEL & SUSAN 123.03 82.02 41.01 08/18/2003 41.01 - 74.0338.1 YEAGER, RODERICK S. 110.09 31.85 70.07 8.17 08119/2003 30.00 - 74.0372.3 YELTON, LAURA 139.20 63.23 75.97 07/18/2003 93.32 - 13.8458.2 YORK, RICHARD 98.14 66.08 32.06 07/31/2003 41.06 - 2.0660.3 YOUNG, AUSTIN 77.36 39.66 37.70 07/31/2003 42.60 - 2.0670.1 YOUNG, AUSTIN L 82.18 56.58 25.60 08/20/2003 41.18 - 33.1850.3 YOUNG, JESSE 128.43 84.64 43.79 08105/2003 43.79. 50.2336.2 YOUNGER, RUSSELL 74.38 40.89 33-49 08/19/2003 32.51 . 74.2434.2 ZABALA, DAVID 115.38 101.66 13.72 08121/2003 95.76 . 69.1054.2 ZABALA, JOHN 71.84 39.05 32.79 05/0212003 200.00 . 42.2528.3 ZABLOTOWICZ, MITCHELL & L. 203.98 125.86 78.12 07/16/2003 50.68. 14.4462.2 ZAMPERINI, PETE & SHERYL 147.29 99.50 47.79 06/27/2003 47.81 . 50.3784.1 ZAVALA, JOSE 105.85 44.65 39.21 21.99 07/21/2003 60.00 . 4.0848.2 ZIMMERMAN. BRAD 101.52 54.95 46.57 08/20/2003 45.59 . Grand Totals: 124,818.41 78,963.80 37,969.83 3,807.33 4,077.45 Report Criteria: Terminated customers not included Customer.Cust No" {<} 9900000 ... in Msg column indicales no Notice is to be senl DELINQUENCY FOR TURN OFF SCHEDULED FOR September 17, 2003 RECEIVED'.. SEP 1 6 2003 City of Meridian City Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, September 17, 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 September 17th and/or September 24th, 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 $45,854.61. / (' CITY OF MERIDIAN l. Delinquent Account List- council Page: 1 Standard Payment Customers Sep 16. 2003 02:57pm Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquenl Balance Report Criteria: Terminated customers not included Customer.Cust No '= {<} 9900000 Last Pml Last Pml Cust No Name Balance Non-Detinq 07/31/2003 06/30/2003 05/31/2003 Dale Amounl 46.4610.1 4M / CANVEST LEASING 22.65 15.10 7.55 07/14/2003 22.65 - 13.8426.2 AM. THOMPSON MOONLAKE TI 138.35 94.26 44.09 08/18/2003 46.00 - 51.3146.1 ACHD 68.18 35.83 32.35 08/08/2003 31.37 - 2.1930,2 ACUNA. JULIO & 74.36 40.39 33.97 08/15/2003 30.08. 2.2714.3 ADAMS, ROY & STACY 196.34 106.28 90.06 07/28/2003 70.46 . 34.0342.2 ADAMS, TROY 125.81 125.78 .03 08/18/2003 105.00 - 46.4612.1 ALBERTSONS WHOLESALE 1.209.25 826.82 382.43 08/08/2003 59.18 - 21.2660.1 ALDERMAN, STEVEN B 132.26 124.88 7.38 07/28/2003 88.00 - 37.3822.1 ALLEN, SCOTT 62.48 31.24 31.24 07/22/2003 61.50 - 31.3422.1 ALLEN, SEDENA 126,59 126.52 .07 09/15/2003 48.00 - 35.0194.4 ALLMOND. JOSEPH & TAKEIA 59.36 46,28 13.08 08/18/2003 45,00 - 15,0110.2 ALTA 135,90 89.62 46.28 08/01/2003 135,77 - 47.1158.2 ALVAREZ. ROSILO & FLORA 44,13 37.29 6.84 09/09/2003 50.00. 47.1006,1 AMERICAN BUILDING 61.53 54.29 7,24 07/28/2003 26.02. 15.0126.2 AMOUREUX, RAMON & TEClA 119.70 77.20 42.50 08/05/2003 42,00 - 10.0664.1 AMYX SIGNATURE HOMES 28.19 24.71 3.48 21.2254.1 ANDERSON, DAWN 100.97 65.68 35.29 08/18/2003 35.29 - 31.3496,7 ANDERSON. WILBUR 249.58 192.52 57.06 09/10/2003 94.90 - 74.2432.2 ANDREWS, MICHAEL 51.82 49.86 1.98 08/07/2003 47.90 - 25.4010.2 ANGSTMAN, T:J. 283.46 38.23 55.87 121.07 68.29 09/12/2003 88,23 - 68.0310.1 ANJEWIERDEN, PAUL 77.52 38.76 38.76 07/18/2003 80.46 - 51.1138.2 ARANA & R.C. LAND COMPANY 112.85 112.85 21.0092.1 ARCHIBALD. JACKIE 64.66 64,44 .22 09/09/2003 32.00 - 42.1988.2 ARMSTRONG, GARY & LAURA 189.76 150.96 38.80 09/03/2003 100.00 - 21.1708.1 ARTE, MICHELLE & RICI< 199,88 139.94 59.94 08/20/2003 80.00. 47,1052.1 ASPEN HOMES 78,96 27.65 51.31 08/14/2003 32.51. 47.1224.1 ASPEN HOMES 132.42 69.83 62.59 07/21/2003 125.10. 21.0066.1 ATHAY, ROBERT 314.34 198.06 89.72 26.56 08/08/2003 71.10. 51.3370,1 ATWOOD, CINDI 78.80 51.67 27.13 08/18/2003 80.00. 50.3904,1 AVERETT, SUSAN 130,94 72.11 58.83 07/18/2003 64.71. 1. 1040,2 AZEVEDO. JOE & HEATHER 92.54 63.43 29.11 - '"'~.. 08/18/2003 20.00. 2.3550.2 BAILEY, PEGGY 107.76 45.91 51.79 10.06 08/04/2003 50.00. 32.0878.1 BALL, WILLIAM 139.32 135.58 3.74 07116(2003 50.00 . 32.0744.1 BARNARD, WILLIAM 222.10 148.72 73.38 08/18/2003 56.72. 74.0068.2 BARNETT, DAVID 56.83 56.56 .27 08/08/2003 69.03 - 21.1894.1 BARNHART, CLINTON 224.39 158.56 65,83 08/14/2003 51.00- 43.2448.2 BARON, KONA & MICHELLE 161.29 107.20 54,09 08/19/2003 50.24 - 21.0464.1 BARR, JERROD F 158.10 111.50 46,60 08/15/2003 60.00 - 42.2714.3 BARROETABENA. J.C 357,05 202.38 139.97 14.70 06/05/2003 109.17 - 2.2470.1 BAUGES, EDWARD L 65.74 64.91 .83 09/03/2003 55.00 - 74.2716.1 BAUGH, JAMES OR NANCY BEH 80.94 44.48 36.46 06/27/2003 96.00 - 1.0030.2 BEAUDOIN, JOHN R 50.00 20.25 29.75 06/03/2003 27.06 - 32.0860.2 BEDFORD. MICHELLE 117.08 88.54 28.54 08/05/2003 40.00 - 1,1520.3 BEEBE. JEFF 213.68 121.32 86.48 5.88 32.1076.2 BEESON. LORRAINE 157.94 128.06 29.88 08/15/2003 75.00 - 33.2316.1 BELL, LILLY 168.14 151.22 16.92 08/20/2003 100.00. 34.1902.3 BENGOECHEA, MIKE 151.95 99.34 52.61 07/17/2003 100.32 - 13.8568.2 BENITEZ, RICHARDO & TERRY 125.72 87,98 37.74 08/05/2003 50.00 - 46.0838.2 BENNETT, GREG 74.06 67.64 6,42 07/03/2003 188.96 - 34.1882.3 BENNETT, MATT & KOZETTE 164.42 136.18 28,24 08/26/2003 75.00 - 21.0130.1 BESKER, GLORIA 166.30 106.62 59.68 08/18/2003 56.74 - ... in Msg column indicates no Notice is to be sent /'. \ CITY OF MERIDIAN Delinquent Account List. council Page: 2 Standard Payment Customers Sep 1 6. 2003 02:58pr.n.. Current Period: 09/30/2003 No Delinquent Minimum AmounlDelinQuent Balance Last Pml Last Pml Cust No Name Balance Non.DelinQ 07/3112003 06/30/2003 05/31/2003 Date Amount 42.1798.1 BETTENCOURT, RICHARD 178.53 103.92 45.59 29.02 07/25/2003 70.00 - 89.0270.1 BEZEMER. LAWRENCE 48.03 39.21 8.82 08/15/2003 38.23 - 32.4068.3 BIGLEY. CYNTHIA 82,33 53.58 28.75 07/17/2003 30.71 - 50.3714.2 BINGHAM. DUNCAN & PAULINE 346.42 190.24 156.18 08/19/2003 40.00 - 33.2432.1 BIRD. TROY 130.87 86.92 43.95 08/12/2003 42.97 - 74.2724.1 BISHOP. CALVIN 125.29 66.06 59.23 08/19/2003 70.00 - 4.1834.1 BlTONI, MARK 229.36 117.40 111.96 08/26/2003 89.42 - 21.0154.2 BITTICK, BRIAN 213.23 140.52 72.71 08/20/2003 87.98 - 15.0116.2 BLACHOWSKI, JOHN 109.12 55.54 26.79 26.79 06/13/2003 57.77 - 20.1470.1 BLACK, JEFFREY & MARGARET 138.38 125.88 12.50 09/04/2003 55.00 - 31.3372.2 BLACK,KENNETH 165.69 113.40 52.29 08/18/2003 49.35 - 33.2528.2 BLACK, WILLIAM & CAROLYN 136.77 91.18 45.59 07/21/2003 94.94 - 2.4200.1 BLAKELY,CLAUDEJAMES 88.64 43.34 45.30 07/16/2003 87.66 - 4.2200.1 BLA YE, JOHN 97.16 95.16 2.00 08/12/2003 62.24. 74.2332.2 BOBKO, RAYMOND 74.94 69.50 5.44 07/07/2003 262.01 . 21.3034.4 BOBKO, RAYMOND 300.56 191.88 108.68 08/18/2003 86.10 - 2.0446.4 BOBKO. RAYMOND 209.34 103.66 105.68 08/05/2003 56.04 - 33.4154.3 BOBKO, RAYMOND 240.40 112.06 87.01 41.33 07/24/2003 133.48 - 50.1726.2 BOESIGER, MAX 78.35 77.59 .76 09/10/2003 50.00 . 31.0512.1 BOKMAN. HELEN 171.57 113.40 58.17 08/19/2003 54.25. 8.0022.1 BOND CAMPBELL 84.54 78.57 5.97 21.0566.2 BONNING, ANGELA 266.70 171.92 94.78 08/18/2003 39.79. 21.0064.2 BORUP, BRENT & JEANETTE 160.77 101.30 59.47 51.4310.1 BOWER INVESTMENTS, LLP 35.64 11.03 8.53 7.55 8.53 05/08/2003 98.27 - 51.4250.1 BOWER ST. PROPERTIES, LL.C 753.99 189.19 564.80 07/18/2003 26.32 - 32.1372.2 BOYD, JAMES 150.12 100.06 50.04 08/19/2003 50.04 - 2.3670.4 BRAINBRIDGE, STEVE 99,30 53.84 45.46 08/19/2003 43.50 - 31.3068.4 BRATT, DENISE 194.09 119.92 74.17 08/28/2003 58.49 - 31 .3022.3 BREEDLOVE. RUSSELL & MICHl 187.42 80.17 107.25 05102/2003 60.03 - 34.0420.1 BRENEMAN,JEFFERY 273.45 177.40 96.05 08/18/2003 69.59 - 21.0550.1 BRICKEY, DAN 93.85 83.08 10.77 06/15/2003 39.00 - 19.1360.1 BRIGHTON CORPORATION 52.41 34.94 17.47 07/21/2003 17.47- 1.3510.4 BRINEGAR, E. E. 54.62 49.83 4.79 08/18/2003 60.00 - 4.1674.1 BRINKERHOFF, JOHN 315.94 210.62 105.32 08/20/2003 100.00 - 6.1504.2 BROSKI, MICHAEL & TINA 86,89 59.56 27.33 07/22/2003 29.29 - 37.3644.2 BROWN, KATHLEEN 99.52 48.90 50.62 06/19/2003 50.00 - 32.0732.2 BRUNGER, DWAYNE & LINDA 300.97 263.08 37.89 09/12/2003 50.00 - 64.0048.2 BRUSSE, N CHAD 59.46 29.73 29.73 07/21/2003 30.71 - 19.0560.2 BRYANT, LESLIE 120.34 119.36 ,96 09/16/2003 58.70 - 32.1092.3 BUCKLEY, WILLIAM 300.91 223,80 77.11 08/19/2003 64.37 - 34.1844.1 BUFFAT, STEPHEN 237.22 206,84 30.38 09/15/2003 74.51 - 74,0666,1 BULL, JO ANN 45.19 45.09 .10 08/18/2003 43.03 - 33,165-2.1 BUNDY, DOYLE 101.99 82.02 19.97 09/12/2003 40.00 - 14.3556,2 BURCHFIELD ENT 1 62.08 130.10 31.96 08/05/2003 65.00 - 19.6510.2 BURKETT, MARK 228.81 228.81 01/22/2003 83.14 - 2.4890.4 BURNS, EMMETT 133.87 93.83 40.04 08/18/2003 75.00 - 21.0472.1 BUTTERFIELD, BRIAN 175.60 116.74 58.86 07/31/2003 67.68 - 74.2722.5 CAFFERTY, LORI 60.45 51.63 8.82 06108/2003 90.52 - 21.0522.1 CALWELL, MARC 116.21 78.50 37.71 08/18/2003 35.00 - 65.0272.3 CAMPBELL, GARY & LORI 88.64 44,32 44.32 08/05/2003 46.28 - 31,2240.2 CANNON,DALE 121.79 104.30 17.49 07/22/2003 38.92 - 42.0414.2 CAPITAL CITY PROPERTY MAN 161.59 86.3S 38.60 36.64 08/07/2003 36.64 - 32.0884.1 CARLSON, DEBORAH J. 166.94 129.06 37.68 08/05/2003 100.00 - 20.1634.1 CARLSON, PATRICIA 107.98 105.20 2.78 08/18/2003 47.21 - 32.1592.1 CARLYLE. KEITH 72.94 70.98 1.96 09/04/2003 35.00 - ... in Msg column indicates no Notice is to be sent ( - ( CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Sep 16, 2003 02;59PITI u Current Period: 09/30/2003 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pml Cusl No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 34.1808.2 CARPENTER,DOUGLAS 189.30 119.34 69.96 08/19/2003 52.32. 65.0688.1 CARPENTER, GAIL 92.98 43.50 49,38 .10 08/12/2003 51.24 - 4,2166,2 CARPENTER, SEAN 315.99 315.99 01/22/2003 143,88. 69.1122.2 CARTER. JR. 110,42 58.54 51.88 08/18/2003 80,00 - 65.0608,2 CARVAlLO, TERI 87,57 41.99 45.58 07f16/2003 81.00 . 2.6850.2 CASE, STEVEN 134.52 82.23 52.29 08/18/2003 49.35 . 50,0310.2 CASSo BRUCE C 124,04 72.09 51.95 08/15/2003 49,01. 3.0850.2 CAST, PETER & VERIONICA 157.06 70.66 86,40 08/18/2003 54,44 - 9.0199.1 CEDAR SPRINGS C/O 309.00 23.72 285.28 07/28/2003 1,034.10 - 11.5050.1 CENTERS, JAKE 191,39 118.70 72.69 07/25/2003 80,48 - 22.1328.2 CHAMBERS. ERIK & RACAHEL 334.32 219.94 114.38 07 f25/2003 70.28 . 21.1402.2 CHAPMAN, JAMES 129.51 110.14 19.37 09/03/2003 80.00 - 7,0768,1 CHEESEBROUGH.GREGG 51.02 50.04 .98 09/12/2003 50.04- 74.3676.4 CHENEY. STEVEN 52,43 33.49 18.94 08/14/2003 50.00 . 50.0500.3 CHESTER, FAYE 153.84 76.21 77.63 08/12f2003 90.37 - 74.2752.3 CHILDRESS, JACK 128,46 59.34 69.14 06/16/2003 58.37 - 51.1168.3 CHRISTIANSON, ARTHUR & COI 75.30 37.55 37.75 20.1606.3 CHRISWELL, LEE ANNA 232.29 29.94 71.86 130.49 02/05/2003 111.51- 5.0780.1 CLARK SUZANNE 136.34 67.66 68.66 08/20/2003 67.68 - 31.0790.3 CLARK. DONN 156.31 139.20 17.11 09/08/2003 80.00 - 51.4293.1 CLASSIC KITCHENS 36.90 25,56 11.32 08/05/2003 12,30 - 4.1246.3 CLAY, STEVEN & SUSAN 60.28 42.37 37.91 42.2376.3 CLAY, STEVEN & SUSAN 337,33 238.18 99.15 06f20/2003 100.00 - 2.2800.6 CLEMENT, MICHAEL 88.10 49.71 38.39 07f22/2003 37,41 - 35.0189.2 CLOUGH, RG. & PAM 41.27 36.27 5.00 09/16/2003 33.23 . 10.1028.2 CLYDE. TIFFANY 86.B7 73.84 13.03 06/25/2003 200.00 - 13.501 B.2 CLYNE. STEVEN & BRENDA 137.16 78.42 39.21 19.53 OB/05/2003 38.23 - 40.0066,1 COCHELL, TIM & ANGELlA 127.76 119.92 7.84 OB/OB/2003 100.32 - 69.0106.1 COLDWELL BANKER/ASPEN RE 113,40 34.84 78.56 07/23/2003 87,43 - 37.3966.2 COLE, DANIEL & RENEE 60.61 49.75 10.86 22.1744.1 COLLINS, JENNIFER 101.58 53.24 27.11 21.23 06/20/2003 40.67 - 31.2268,2 COLSON, CAROL 224.60 148,10 76.50 07/26f2003 94.74 - 88.0048,1 CONNELL CORPORATION, THE 249.85 127.23 122.62 07/14/2003 162.51 - 33.2566.2 CONNELL. EDWARD 145.03 138.92 6.11 09/15/2003 70.00 - 21.1524.2 COONES. JOSEPH 220.71 154.20 66.51 08/20/2003 69.45 - 22,1598.1 COOPER, DEBBRA K 130.68 111.50 19.38 08/26/2003 58.20 - 4.0882,1 COPELAND. STEPHAN & JACKIE 153.75 35.93 58.91 58.91 06f10/2003 56.93 - 50.1412.2 CORP, WESLEY 140.92 131.30 9.62 08/27/2003 200.00 . 4.1746.1 COSGROVE, AMY 234.86 129.46 105.40 06/18/2003 101.10. 6.1406.1 COTTONWOOD HOMES 67.77 60.22 7,55 07/2112003 3,48- 31 .3420,1 COUCH, JULIA 130.46 84.30 46,16 08/20f2003 38.00 - 51.4130.1 COUNTRY GLASS 233.61 195.75 37,86 09/11/2003 92.06 - 35.0162.2 COVINO, MELODY 132.11 86.53 45.58 08/21/2003 42.00. 5.0662.2 CRANE, JACK 80.97 42.34 38.63 08/13/2003 50.00 - 3.0856.2 CRAWFORD. GALEN 84.60 46.00 38.60 07/15/2003 79.16 - 74.2336.1 CROWELL, GARY 88.05 64.53 23.52 08/08/2003 69.43 - 31.3336.1 CRYER, JUDITH 214.13 142.10 72.03 07/17/2003 76.40 - 50.1368.1 CULVER, WARN V. 348.69 218.35 130.34 02114/2003 400.00 - 6.1930.1 CUPP, SHAD & BECKY 110.34 90.22 20,12 08f20/2003 75.00 - 50.0284.3 DALE. MARK 261.05 167.81 93.24 06/20/2003 60.00 - 65.0710.1 DAVIS, BRIAN 61.82 52.98 8.84 08/26f2003 52.00 - 33.0262.1 DAY,ETHEL 96.05 62,40 33.65 07/21/2003 60.44 - 14.4324.1 DBD INC. 161,40 103.84 57.56 08/19/2003 46.04 . 21,3070.1 DECK, KIMBERLY 263,48 188.20 75.28 08/20/2003 60.00 - 74.3714.2 DEGRANGE, CHARLEY & BENTl 52.73 30.71 22.02 07/28/2003 35.00 - ... in Msg column indicates no Notice is to be senl ?,.' .- ;' ( \ CITY OF MERIDIAN Delinquent Account List. council Page; 4 Standard Payment Customers Sep 16. 2003 03:00P!f1... Current Period; 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 72.0132.1 DEL BRADLEY STINE 120.32 54.28 66.04 07/17/2003 129.14 - 10.1110.2 DELVA, EDWIDGE 51.28 47.36 3.92 08/19/2003 21.23 - 1.0930.2 DENNEN, JEVON & HEATHER 4,959.02 4.956.25 2.77 09/16/2003 80.00 - 33.3566.2 DENNISON, CHARLES 49.32 40.50 8.82 08/19/2002 373.25 - 6.1254.2 DITTMAN. AARON & JANALEE 126.11 84.40 41.71 07/1712003 39.75 - 33.2584.1 DIXON, COLETTE 163.25 108.18 55.07 0712212003 51.15 - 74.2944.2 DOHSE, ROGER 90.30 49.38 40.92 08115/2003 50.00 - 33.2594.2 DONALDSON. NEAL 115.12 98.12 17.00 09/1612003 30.10 - 34.2040.1 DOTY, CURTIS 174.97 111.42 63.55 07/15/2003 53.75 - 32.491 2.3 DRUCE, RICHARD & SYBIL 105.00 67.06 37.94 07128/2003 37.94 - 32.1762.2 DRURY,GARY 74.59 74.58 .01 0910412003 36.80 - 4.2282.1 DRURY, PATRICK 213.84 138.94 74.90 07121/2003 110.00 - 19.0072.2 DUGGINS, ROY & ALTHEA 93.72 64.44 29.28 07/21/2003 63.46 - 31.0834.1 DUMONT JR., TED 201.48 172.62 28.86 09/10/2003 80.00 - 14.5004.2 DUNCAN, JEFF & MONIQUE 182.47 182.47 01/17/2003 40.00 - 25.1060.3 DUNSWORTH, BRAD & JODI 123.44 46.12 77.32 07/2412003 94.00 - 4.1958.1 DUPLEX, HARRY 194.54 144.50 50.04 09/15/2003 68.00 - 68.0102.2 DURHAM, KYLE 87.84 29.28 29.28 29.28 06/17/2003 87.00 - 46.0854.1 DURRANT. ALAN C 223.02 151.08 71.94 08108/2003 75.54 - 20.0042.1 DURRANT, CRAIG 354.31 251.56 102.75 07/16/2003 74.33 - 34.0746.2 DUVALL, KENNETH 154.68 114.68 40.00 08/13/2003 56.00 - 74.3784.1 EBBERS, MARIE 56.92 29.44 27.48 07/28/2003 55.94 - 9.0124.1 EDEN BROOK 53.39 35.92 17.47 0711712003 18.45 - 6.9030.1 EDENBROOKINC 45.69 15.10 7.55 8.53 14.51 31.3034.1 EDWARDS, MARILYN 110.02 52.92 33.81 23.29 07/15/2003 20.00 - 2.2734.1 EDWARDS, MICHAELA 156.06 92.51 63.55 08/20/2003 86.69 - 48.4120.1 ELDRIDGE. CHARLES 30.17 22.62 7.55 07/25/2003 11.31 - 21.2108.4 ELLISON, COLETTE 144.11 92.48 51.63 07/03/2003 78.76 - 6.1416.1 EMMETT PRICE & SONS 25.79 22.31 3.48 50.1240.4 ERHART, MILT 7.88 7.88 2.3464.1 ERICKSON, RICHARD 117.15 66.55 50.60 08/18/2003 53.00 - 50.1354.4 ESTATE OF BESSIE MATCHAM 162.85 56.46 77.10 29.29 0811212003 50.00 - 2.0320.1 ESTEP, NINA 62.11 41.49 20.62 08/15/2003 60.00 - 5.0700.1 EVANS, ANDREW 397.64 322.14 75.50 08/20/2003 150.58 - 74.2688.1 EVANS. STEVEN & KRISITE 155.94 81.03 74.91 08/19/2003 67.00 - 32.1560.2 EVERIST, JAMES 67.52 65.02 2.50 08/26/2003 30.00 - 31.0820.1 FARR, JERRY 168.59 111.74 56.85 07/21/2003 79.40 - 1.3660.1 FARRAND, SHELLlE 163.60 82.29 81.31 08/20/2003 45.56 - 42.1840.2 FETTERS FAMILY TRUST 122.55 75.82 46.73 07114/2003 54.46 - 32.0568.1 FISHER. MELVIN 112.69 92.44 20.25 06/17/2003 36.48 . 16.3640.2 FITZEN, LARAE & LINDA 102.16 102.04 .12 09/11/2003 50.00 . 2.1660.3 FLYNN. MELANIE 158.10 93.04 65.06 07/14/2003 55.26 . 48.2696,1 FOOD SERVICES OF AMERICA 304.65 206.86 97.79 07/2212003 191. 79- 48.2894.1 FOOD SERVICES OF AMERICA 2.695.89 1,262.06 1,433.83 07/2212003 1,182.35 - 48.2695.1 FOOD SERVICES OF AMERICA 869,90 646.90 223.00 07/2212003 350.40 - 69.0738.1 FORGY. MICHAEL 174.90 84.02 90.88 08/1212003 60.50 - 31.0776.2 FOSTER. COLLEEN & WAY 160.25 98.34 61.91 08/15/2003 11,76 - 15.0010.2 FOWLER, ROBERT & KERRI 143.74 95.50 48.24 08/12/2003 47,26 - 68.0142.1 FRAZEE, ANGI E 82.15 41.01 41.14 08/18/2003 39,00 - 2.4010.3 FRED SCHIMPH 101.75 53.13 48.62 09/10/2003 53.13 - 1,1200,2 FRED SCHIMPH 261.14 141.85 119.29 08/28/2003 30.00 - 50.3754.1 FRENCH, LAWRENCE 266.49 247.47 19.02 09/08/2003 90.00 - 6.1268.2 FROGLEY, DREW & MARCIE 102.59 68.72 33.87 07/28/2003 34.85 - 14.3526.2 FUCHS. KIMBERLEE 120.70 81.12 39.58 08/18/2003 38.07 . 4.1454.1 FUENTES,CHRYSTLE 149.64 91.90 57.74 07/0112003 75.00. ... in Msg column indicates no Notice is to be sen I c ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Sep 16, 2003 03:00P.mcu Current Period: 09/3012003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 32.1542.1 FUHRMAN. JOSHUA 129.39 86.26 43.13 08/19/2003 42.15 - 4.1986.1 FULFER,KERRY 238.75 176.84 61.91 07128/2003 146.63 - 32.1608.1 GABALDON, TOBY 98.44 95.50 2.94 09103/2003 4726 - 2.5950.3 GARDINER. DAVID 262.99 99.33 68.79 94.87 07/01/2003 194.98 - 20.1284.2 GARDNER. VINCE 120.52 120.02 .50 0712212003 60.00 - 34.0942.3 GARR. ERIC & MCGEE SARA 295.03 201.26 93.77 08/1812003 54.57 - 33.2302.1 GARRARD, DALE 109.29 71.88 37.41 08/19/2003 35.45 - 21.0234.3 GARRETT, DAMON 335.74 161.92 131.43 42.39 08/05/2003 50.00 - 20.1726.1 GARRIGUS, SCOTT 296.80 184.42 93.68 18.70 07/2112003 150.00 - 15.0644.2 GARVALDON, RONALD 103.91 67.64 36.27 07/25/2003 73.52 - 46.0188.2 GATES, JOHN 128.62 64.44 64.18 07123/2003 93,46 - 34.2896.2 GAYTHWAITE, LARRY & TAMI 72.90 66.00 6.90 09/0212003 30.00 - 51.3870.2 GEORGE. RICHARD & JAN 173.96 99.01 74.95 07/28/2003 71.03 - 35.1446.2 GIBBS. CINDY 38.23 37.25 .98 07/31/2003 74.50 - 50.3858.2 GILL. DANIEL & DANA 89.82 52.04 37.78 07/15/2003 33.86. 33.2388.1 GLUCH, SCOTT 118.21 59.46 58.75 07/2512003 83.31. 2.1170.3 GODBY. ORVILLE & PHOEBE 191.13 102.06 89.07 08/19/2003 83.00 - 3.0844.1 GODFREY, SHELL! 124.86 51.88 72.98 08119/2003 45.00 - 22.1622.4 GOHR, DOUGLAS 219.78 158.48 61.30 08/20/2003 57.38. 22.1520.1 GOLD, JOHN 335.28 165.98 85.63 83.67 06/13/2003 81.71 - 32.1610.5 GRANBY, JOHN & RAMONA 103.81 46.06 28.91 28.84 06/17/2003 28.00 - 33.2752.1 GRAVES, DENNIS 103.26 98.36 4.90 07131/2003 90.52 - 4.2352.1 GREAT CLIPS 45.18 26.35 18.83 07/28/2003 22.59 - 51.0978.5 GRIEVE, JAMES 77.18 30.15 25.69 21.34 07/21/2003 42.00 - 21.1734.2 GROAT, STEPHANIE 193.04 108.24 73.72 11.08 08/19/2003 75.00 - 2.1350.1 GROSSO, BJ 164,60 87.17 77.43 07/24/2003 77.61 - 2.4290.1 GROSSO, SHADOW 56.38 30.43 25.95 07/22/2003 50.00 - 21.0462.3 GUNNARSON, HOWARD & RUn 290.46 128.60 70.67 65.24 25.95 06/12/2003 100.00 - 72.0186.2 HAISLIP, SUZY 189.52 106.78 60.74 08/20/2003 63.10 - 15.0029.2 HALL, JOHN & CAROLYN 170.57 115.04 45.46 10.07 08/20/2003 40.00 - 22.0924.1 HALL, KEVIN 132.85 132.74 .11 09/15t2003 95.00 - 32.1754.1 HALL, PATRICK 134.44 129.70 4.74 08/26/2003 70.73 - 4.1790.3 HAMMER. MARCIE 165.56 104.64 60.92 08/19/2003 76.66 - 13.8848.1 HANSEN, ELIZABETH 122.55 81.70 40.85 06/26/2003 40.85 - 33.4274.1 HANSEN. ERIK 186,26 186.26 02/18/2003 48.00 - 14.3620.3 HANSEN. ROBERT & MARY C/O 116,65 80.38 36.27 07/28/2003 41.17 - 31.0148.2 HANSON, CAREN F. 102.43 68.94 33.49 08/18/2003 33.49 - 42.1820.1 HARRINGTON-BLACK. JODY 112.74 71.96 40.78 06/19/2003 40.00 - 51,2723.1 HARTLEY DIRTWORKS 141.22 65.22 76.00 21.1776.2 HARTSOOK, HOWARD 127.19 99.42 27.77 08t20t2003 60.26 - 2.4630.1 HARVEY, BRUCE G. 165.07 92.85 72.22 08/18/2003 72.22 - 22.2102.3 HARWOOD, WILLIAM & EMA 133.44 87.96 45.46 08t19/2003 35.04 - 21.0182.3 HARWOOD, WILLIAM AND EMM, 329.81 226.06 103.73 08t18/2003 63.55 - 31 .3036.1 HASSIS, PAM 171.22 128.48 42.74 08t18/2003 60.00 - 34.3234.2 HATCH. GARY 126.69 83,64 45.25 08/18/2003 44.27 - 46.0260.1 HAYES, MARCIA 95.54 67,38 28.16 08/15/2003 50.00 - 34.1702.1 HEDRICK, WENDY 319.95 295.46 24,49 09/1212003 85.00 - 74.0798.1 HENKELS & McCOY 148.36 54.68 46.60 44.88 06/20/2003 34.10 - 22.2526.2 HERBERT, WILLIAM III 90.16 82.76 7.40 06/20/2003 63.96 - 32.0458.2 HERRELL, JACQUELINE 284.38 178.48 105.90 08/18/2003 70.62 - 51.3580.1 HIGGINBOTHAM. RON 271.00 176.25 94.75 08/20/2003 56.53 - 31.0150.2 HIGGINSON.MORRISON. VICKI 110.27 71.88 38.39 07/15/2003 37.41 - 25.0012.1 HIGH DESERT 52.41 17.47 17.47 17.47 07t15/2003 26.39 - 25.0032.1 HIGH DESERT 52.41 17.47 17.47 17.47 07/15/2003 25.41 - 9.9014.1 HIGH DESERT CONSTRUCTION 131.34 64.94 26.29 31.19 8.92 ... In Msg column indicates no Notice is to be sent ~. CITY OF MERIDIAN Delinquen I Account List- council Page: 6 Standard Payment Customers Sep 16, 2003 03:02pm.. Current Period; 09/30/2003 No Delinquent Minimum AmountOelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non.Delinq 07/31/2003 06/30/2003 05/31/2003 Dale Amount 37.3644.1 HIGH DESERT CONSTRUCTION 123.24 17.47 54.99 17.47 33.31 02/10/2003 52.41. 34.1640.3 HIGHBARGER, MICHAEL & LIND 379.99 249.04 130.95 06/27/2003 101.05. 32.4860.1 HINDS, WARREN & KATHY 109.42 74.42 35.00 07114/2003 21.23- 19.0262.1 HINEMAN, DENNIS 120.26 114.38 5.88 08/08/2003 54.25- 20.1668.2 HOGUE, ELLEN & PHILLIP 184.95 136.92 48.03 08120/2003 48.03- 4.1792.2 HOHENSHEL T, JOAN 252.88 144.84 108.04 08/05/2003 94.32- 32.1456.1 HOLLINGSHEAD, BRETT 116.40 99.66 16.74 08/1212003 79.00. 33.4346.1 HOLLOWAY, PAIGE 267.37 166.36 101.01 09/1512003 50.00 - 19.0354.2 HOLLOWAY, JENNIFER & TAD 118.32 81.52 36.80 07/07/2003 78.50 - 74.1014.3 HOLLOWAY, JERALO K 101.94 39.21 40.19 22.54 07118/2003 54.90- 21.1928.2 HOLMES. MICHAEL & LAURIE 262.47 151.36 111.11 08121/2003 62.00. 8.0130.1 HOMER, DON & CHRISTINE 259.83 184.68 75.15 07122/2003 69.27. 3.0362.1 HONO. GREG & NANCY 195.08 106.46 88.62 07/22/2003 85.00- 21.0536.1 HOOK, JAMES & CRYSTAL 245.19 156.94 88.25 08/1812003 70.00 - 74.0344.2 HOOK, SHIRLEY 51.29 39.37 11.92 09/1212003 25.00 - 30.6128.2 HOUDE, RICHARD & CATHRYN 59.46 29.73 29.73 08/19/2003 30.71 - 4.0810.2 HOUST, DALE & SHERRY 274,82 115.35 69.13 90.34 07102/2003 100.00 - 1.0420.1 HOWARD. TREVIS 96.12 36.76 59.36 07124/2003 57.66 - 50.0226.1 HOWELL, JAMES 291.92 163.87 128.05 08118/2003 127.07 - 74.3218.3 HUBER, STEPHANIE 60.17 45.30 14.87 08/2112003 25.00 - 33.2764.1 HUDIGOLDENFEATHER REALn 179.34 101.24 39.05 39.05 06/2512003 37.09 - 42.2358.2 HUDIGOLDEN FEATHER REAL n 160.89 3.48 55.81 101.60 33.2338.1 H UD/GOLDEN FEATHER REAL T) 118,86 11.32 50.83 56.71 06/1712003 59.65 - 65.0708.1 HUDDLESTON, CODY 129.82 58.54 71.28 0712112003 74.22 - 51.0714.2 HUMPHREYS, JOHN 73.97 42.53 31.44 08119/2003 38.00 - 21.1960.1 HUMPHREYS, LARRY 339.39 119.34 172.27 47.78 08115/2003 50.00- 4.1630.2 HUMPHRY, KELLY & TAJ 282.24 145.58 76.66 60.00 07122/2003 16.04. 25.1004.1 HUNT, HILLARY 91.58 45.30 46.28 0711512003 25.84. 50.1706.2 HUNT, STEVE 87.37 10.25 39.05 38.07 06/0312003 37.09 - 49.1148.1 IDAHO HEATING AND AIR 2,061.88 1,034.66 682.81 344.41 06/2012003 92.49 - 51.0442.1 IDAHO INDEPENDENT BANK 293.92 145.49 148.43 08/26/2003 150.00 - 51.3025.1 IDAHO TENT & CANVAS 103.54 44.64 37.78 21.12 0110312003 9.36 - 51.3024.1 IDAHO TENT & CANVAS 47.48 36.16 11.30 07128/2003 55.42 - 33.2754.1 INGOE. BRADLEY 167.12 121,58 45.54 06121/2003 46.00 - 50.2550.2 INTERMOUNTAIN OUTDOOR SP 108.18 78,87 29.31 74.5004.1 J D MARRS 103.67 62.59 41.08 0712812003 14,26 - 50.1221.1 JACK IN THE BOX #8010 1,356.14 700.42 403.32 252.40 07/2812003 137,74 - 33.2760.3 JACKel. JEANETTE & JENNIFER 146.64 116.26 30.38 08/21f2003 80.00 - 50.4506.1 JACOBSON, BETTY B. 51.91 51.01 .90 09/0312003 25.02 - 31.0868.2 JAKOMEIT. CONNIE 85.47 84.17 1,30 06/28/2003 38.39 - 25.0024.1 JEFF MANSHIP 62.66 24.99 21,23 11.00 5.44 21.1912,1 JENKINS, DWIGHT 249.72 210.74 38,98 08118/2003 160.00 - 32.1622,1 JENKINS. LELAND 122.04 80.06 41,98 0811212003 62.00 - 31.0736.1 JENKINS, PHOEBE 80.15 73.96 6.19 08/05/2003 50.00 - 21.2630.1 JESSEE, KEVIN 93.25 79.08 14.17 0812812003 50.00 - 68.0021.1 JIM RUSSELL EXCAVATION, INC 91.24 90.97 .27 08/2612003 89.03 - 46.4778,1 JL HARDY 104.81 82.22 22.59 9.9074.1 JOHN FLAHERTY CONSTRUCTI( 77.82 34.94 17.47 17.47 7.94 20.0430.1 JOHN J VNUK 1 20.81 64.10 34.50 22.21 07/28/2003 47.05. 88.0028,1 JOHNS PLUMBING & HEATING 453.93 120.60 333.33 08113/2003 624.78 - 42.2482,1 JOHNSON, BRYON & MARYLEN 150.58 98.10 52.48 08118/2003 44.64 - 20.1554.4 JOHNSON, CLAUDINE 173.51 125.80 47,71 2.1890.3 JOHNSON. STEVE & BARB 93.11 52.49 40,62 08118/2003 50.00 - 69.0310.1 JOHNSTON, DENISE do 132.66 49.67 82.99 07/1012003 112.13 - 51 .4290.1 JONES.BRET 269.86 143.53 126.33 08105/2003 107.53 - ... in Msg column indicates no Notice is to be sent I , CITY OF MERIDIAN Delinquent Account List. council Page: 7 Standard Payment Customers Sep 16. 2003 03;02P!T1... Current Period; 09130/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 07131/2003 06/30/2003 05131/2003 Date Amount 21.1934.1 JONES, DARICE 145.66 102.66 43.00 07/17/2003 42.02 - 14.5008.2 JONES. KARLA 225.96 3.48 74.16 75.14 73.18 04/2912003 66.22 - 4.1766.3 JONES, STEPHEN & CONNIE 157.89 85.65 59.63 12.61 07115/2003 45.00 - 13.2088.3 JONES, STEWART 163.93 114.84 49.09 07/2812003 50.07 - 50.2418.2 JONES, WES & CINDY 184.30 75.19 89.11 0811512003 40.00- 33.3572.1 JORDAN, KATHY 222.48 160.74 61.74 08/20/2003 100.00 - 21.1058.2 JORGENSEN, ROBERT & TERI L 181.36 180.76 .60 0911512003 79.00 - 46.0802.4 JUDY, VICTOR 130.43 96.80 33.63 0811912003 54.00 - 46.0840.4 JUDY, VICTOR 58.79 56.92 1.87 09104/2003 50.00 - 32.0522.2 JUHASZ. DON C. 219.86 129.44 90.42 0812212003 70.00 - 3.0310.2 KAYLR, AMANDA 214.89 92.51 122.38 0911212003 70.51 - 51.2711.1 KCRD LLC. 59.88 27.98 31.90 07/1612003 27.98 - 22.1408.1 KEATHLEY, CLARENCE 146.27 144.50 1.77 0910312003 75.00 - 21.0028.2 KEENEY. DONLAN & ELlSABET~ 92.60 85.36 7.24 09118/2003 40.00 - 34.3190.1 KELLEY, SCOTT 110.23 76.54 33,69 08119/2003 40.00 - 50.1586.2 KELSO, BONNIE 57.87 49.53 8.34 07131/2003 57.64 - 33.2356.1 KENNEDY. BRIAN 112.10 79.40 32.70 0811912003 40.00 - 42.1810.2 KESTER. ROBERT 84.62 82.42 2.20 0910912003 40.00 - 42.1176.1 KHAMPHAY,VANASOUK 251.26 178.16 73.10 08/2012003 75.06 - 2.0426.2 KILMARTIN, E. JAMES & CAROL 219.46 119.50 99.96 0811512003 53.30 - 50.0594.2 KINDALL, ARRON & MtSTIE 81.90 45.63 36.27 07/2112003 77. 44 - 33.2704.2 KINDALL, DAVID 72.26 71.56 ,70 08/25/2003 36.00 - 69.0500.1 KING, STORMY 115.58 76.66 38.92 08118/2003 127.62 - 74.3228.1 KISSEE, ROBERT 139.92 66.64 36.64 36.64 0611212003 38.60 - 49.1121.1 KMY PROPERTIES, LLC 588.74 346.04 109.32 112.26 21.12 01121/2003 3.48- 22.1524.3 KOCH,CARL 298.06 216.02 82.04 07/2212003 50.68 - 32.1384.3 KRAHN, KELLY 107.41 72.94 34.47 07/16/2003 65.50 - 19.6642.1 KRENZ,ROY 210.59 77.52 38.76 37.78 56.53 07/2312003 50.00 - 46.0852.1 KRISHNEK, JOHN 95.68 63.46 32.22 07/18/2003 64.44 - 21.1550.2 KROMMENHOEK, PAUL 144.72 92.56 52.16 07/28/2003 50.20 - 32.0512.2 KRUSE,BRENDA 89.67 60.76 28.91 07/16/2003 48.02 - 50.4642.3 KUGEL, LISA 163.05 100.19 62.86 08119/2003 60.00 - 74.0426.1 LACY, GLORIA 126.33 60.00 66.33 08/18/2003 90.45 - 3.0654.1 LAMBERT. KENNETH 84.97 84.97 0910212003 50.00 - 7.0260.1 LAMBSON, MARSHALL 161 .30 83.59 77.71 07/21/2003 83.59 - 42.4056.1 LAMOREAUX, KIM 139.21 89.54 49.67 08/0512003 50.65 - 21.1940.3 LANCE, EDWARD & DELOY 221.61 150.38 71.23 08/1112003 136.51 - 32.0632.1 LANDER, WALLACE & VIRGINIA 247.53 158.16 89.37 08/1212003 78.59 - 22.1842.2 LANDOW, BRUCE 90.00 48.85 41.15 07/2112003 47.00 - 9.0002.2 LANG. GARY & JANET 128.43 85.62 42.81 25.0030,1 LANGDON, PATRICK 83.00 39.05 43.95 08108/2003 42.97 - 1.0890,1 LANTZ, STAN 91.38 59.03 32.35 06120/2003 100.00 - 22.0336,1 LARSON. CARl 125.86 122.92 2.94 09/16/2003 65.38 . 32.0762.1 LAUFENBERG, JIM & TAMIE 323.60 233,70 89.90 07131/2003 66.38 . 21.1970.2 LAURENCE, PATRICK & ROBIN 215.34 126.54 61.80 27.00 07/22/2003 50.00. 37.3398.2 LAWRENCE, WENDELL & KATHI 109.22 55.10 54.12 07/16/2003 112.55 - 65.0626.2 LAWTON, ANN 72.54 38.23 34.31 07/0812003 50.81 . 34.2852.1 LEAVELL. SUZANNE 289.92 159.76 75.4 7 54.69 08/19/2003 40.00 . 20.1986.3 LEDO, CHRISTOPHER & GLAYD 199.16 169.96 29.20 09/0912003 45.00 - 43.0370.2 LEMAR. RICK & MELISSA 139.82 93.54 46.28 07128/2003 93.54- 19.7478,1 LESLIE CONSTRUCTION 60.35 35.92 17.47 3.48 3.48 42.2712.3 LESTER. DAVID & JUDITH 192.76 118.38 74.38 08118/2003 62.62 - 33.2714.1 LEV, LORI 78.04 68.04 10.00 08118/2003 60.00 - 31.3382.1 LEVITT, MONTE 126.32 119.68 6.64 09115/2003 115.00 - 72.0208.1 LEWIS, PHILLIP 219.64 101.00 118.64 07/1812003 164.76 - ... in Msg column indicates no Notice is to be sent r"" ( \ CITY OF MERIDIAN Delinquent Account List. council Page: 8 Standard Payment Customers Sep 16, 2003 03:03pm Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquent Balance last Pmt last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 6,9086,2 UN, EUGENE 92.79 62,84 29,95 07/14/2003 30.93 - 7.9000,1 lOCUST GROVE ELEMENTARY 1,032.67 838.24 172.43 22.00 32.0602.1 lOllEY, JUDITH 290.57 163.68 126.89 07/23/2003 91.24 - 4.1648.1 lONG, RAYME 93.06 92.06 1.00 08/26/2003 64.08 - 2.0464.1 lOVE, JEANETTE & JOHN 234.93 91.81 74.01 69.11 06/13/2003 100.00 - 33.2706.1 LOVELAND. JEREMY 142.75 109.06 33.69 08/21/2003 80.00 - 51.3086.6 lOVITT, MICHAEL 167.70 65.90 101.80 04/25/2003 66.02 - 42.0416.2 LUCAS, MARTIN 72.03 48.02 24.01 07/16/2003 49.00 - 32.1320.1 lUKE. SHEllIE M. 162.10 105.96 54.94 1.20 08/12/2003 60.00 - 74.2320.1 lUTZ, R KEllY 124.58 55.92 68.66 08/18/2003 55.92 - 50.0140.1 lYNN, DEE R 141.34 85.99 55.35 09/15/2003 50.00 - 33.2340.3 lYON, CHRIS & TAMMY 174.65 103.32 71.33 07/23/2003 69.46 - 20.1756.1 lYONS, STEPHEN & LINDA 101.64 100.74 .90 09109/2003 48.00 - 74.3072.1 lYTLE, CHAD & STACEY 93.54 46.28 47.26 06/15/2003 46.24. 4.0816.2 MACOMB, SHEllEY 78.70 33.74 44.96 08/16/2003 35.16 - 2.4480.1 MADRID, JOSEPH F 184.56 99.90 84.66 08/19/2003 64.26 - 1.0010.5 MADSEN, CHARLES & DEBRA 112.77 60.63 51.94 09/15/2003 52.00 - 1.3350.1 MADSEN, lOU 93.76 45.41 48.35 07117/2003 71.22 - 20.1316.2 MAHANEY, TOM & PATTI 245.38 145.22 100.16 07/23/2003 146.16- 46.0456.1 MAHATHY, ANTHONY 110.68 73.92 36.96 07/22/2003 35.98 - 47.1120.2 MANNING, CLAIR 70.15 67.21 2.94 08/19/2003 55.89 - 51.0486.1 MARCH, RICHARD 194.61 100.85 93.76 08/12/2003 100.00 - 42.2332.1 MARIN, JOSE 317.34 200.98 116.36 08/20/2003 80.78. 7.0900.2 MARK WOOD 85.04 42.52 42.52 08/20/2003 104.06 - 21.1760.1 MARKLE, JAMES 108.42 108.42 02/13/2003 47.55. 20.1308.4 MARLETT, DIANA 178.19 112.26 65.93 07/22/2003 62.99 - 35.1046.2 MARSHAll, GARY & BOBETTE 95.33 47.26 48.07 08/18/2003 52.00 - 50.2176.1 MARTIN, JASON 138.38 58.87 79.51 07/23/2003 121.96. 42.1206.1 MARTIN. lOREN 103.04 68.04 35.00 07/22/2003 69.02 - 50.0058.1 MARTIN, RAY 49.68 27.07 22.61 07/16/2003 22.61 - 21.2820,3 MARTINA, DAVID 156.05 85.04 71.01 07/24/2003 83.98 - 3.0306.5 MARTINEZ, MARIA 64.24 40.23 24.01 08/13/2003 53.90 - 74.3628.3 MARTINEZ, RICHARD 74.28 48.08 26.20 08/0712003 50.00 - 51.3620.5 MARTINSON, RUSS & BECKY 196.87 110.81 78.91 7.15 0811812003 60.00 - 4.1548.2 MARX, JANA & BRADLEY, JON 176.74 101.91 74.83 08/18/2003 66.99 - 22.1068.2 MAUPIN, SHEllY D 229.93 133.94 95.99 08/19/2003 85.03 - 20.1962.1 MAXWEll, BONNIE L 173.10 116.38 56.72 08/12/2003 44.96 - 74.2902.4 MCBAINE, DONALD 92.56 46.28 46.28 08/18/2003 47.26. 43.0020.2 MCBRIDE, MITCHEll 121,80 3,48 72.20 46.12 08105/2003 50.04. 1.0170.2 MCCURDY, NATHAN 90.50 86.46 4.04 08/2112003 100,00 - 50.0400.3 MCFADDEN, ClEORA 61.64 33.05 28.59 07/31/2003 28,59 - 20,1716.2 MCFREDERICK. JEFF 98.09 97.72 .37 08/18/2003 48.00 - 6,1258,2 MCGERTY, JAMES & KATHY 70.71 47.14 23.57 07/28/2003 23.57 - 50.2192.1 MCGREGOR, JASON 86.86 48.57 38.29 07117/2003 60.00 - 51.3246.1 MCKAGUE, RICK 66.89 55.48 31.41 09/15/2003 60.00 - 2.4870.4 MCKINLEY, JUNE 222.70 172.71 49.99 08/05/2003 49.67 - 2.6270.5 MCKINLEY, JUNE 207.46 93.70 113.76 06/18/2003 81.00 - 3.0504.4 MCKINLEY, JUNE 140.38 77.81 62.57 07/28/2003 65.51 - 33.2556.1 MCLEAN. BRANDON 88.50 87.58 .92 08/15/2003 90.00 - 50.2126.1 MCMAHAN, BRIAN 96.28 52.33 43.95 08/18/2003 42.97. 31.3462.2 MCNALLY, RUSSELL 48.03 48.02 .01 08/27/2003 24.00 . 2.5590.1 MEDENA, RAYMOND 127.06 65.76 61.30 07/22/2003 53.46 . 21.1132.1 MELTON, GARY 150.38 136.66 13.72 09/15/2003 53.14. 31.3304.2 MERCER. APRIL 153.63 153.63 02/11/2003 71.00- 33.7618.2 MERRITT, RICK 85.89 58.24 27.65 08/21/2003 35.49 - ... in Msg column indicates no Notice is to be sent , CITY OF MERIDIAN ( Delinquent Account List. council Page: 9 Standard Payment Customers Sap 16, 2003 03:04pm Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquent Balance last Pml lasl Pml Cust No Name Bala nce Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 31.0494.2 MESZAROS. LILLI 148.16 97.14 51.02 08/18/2003 79.06 - 42.2084.1 MIDDLETON, J.R. 307.46 206.28 101.18 08/18/2003 174.59 - 33.0056.1 MIKE CARDINAL 579.16 579.16 10/2412001 322.22 - 2.5330.3 MillER, CHARLES 178.70 93.57 85.13 08/20/2003 .36 - 31.3032.3 MillER, CHARLIE & SHELLY 171.57 114.38 57.19 08/18/2003 55.23 - 74.3696.1 MillER, GREGORY & ERICA 98.94 67.41 31.53 08/20/2003 40.00 - 42.2118.1 MillER. JIM & SANDI 192.74 120.98 71.78 08/13/2003 65.88 - 22.1440.1 MillER, JOSEPH 185.45 177.86 7.59 09/03/2003 100.00 - 46.0340.2 MillER, MARK 87.97 87.58 .39 09103/2003 21.70 - 34.1964.2 MillER, RICKEY 139.73 87.90 51.83 08/19/2003 86.40 - 34.0934.1 MIRANDA, MARK A. 162.06 146.38 15.68 09/0912003 70.25. 1.2420.1 MIRONOV, BARBARA & OlEG 154.46 87.79 66.67 08/18/2003 74.52 - 34.0580.1 MOFFAT, ROBERT 70.90 66.98 3.92 08/26/2003 32.51 - 20.1652.2 MOlEBASH, JOHN & MONICA 172.03 118.28 53.75 08/18/2003 46.89 - 33.4264.3 MOMA, MICHAEL 160.61 112.50 48.11 08/20/2003 41.25 - 69.0604.1 MOODY, PHILIP & lORI 186.36 90.24 96.12 07/16/2003 85.34 - 1.2330.3 MOORE, GARY 81.22 50.19 31.03 0712212003 52.26 - 46.0222.1 MOORE, KEVIN & LISA 184.92 125.24 59.68 08/19/2003 88.15. 2.0926.3 MOORE. MANDY 96.60 46.61 49.99 07/31/2003 3.52 - 4.1634.1 MOORE. RUSSELL C 108.21 64.73 42.63 .85 07/09/2003 80.00 - 21.3098.1 MORAN, RICHARD 205.03 184.34 20.69 08108/2003 100.00 - 31.3524.2 MORGAN, DAVID & lEAH 164.21 114.70 49.51 07/01/2003 75.59 - 13.0006.4 MORGAN, SKY & MADEL YNN 120.20 82.42 37.78 07/14/2003 108.50 - 3.0889.1 MORNING GLORY #2 HOA 10.44 10.44 2.5630.2 MORRISON, DWAYNE 125.16 105.37 19.79 09115/2003 62.88 - 32.0654.1 MORRISON, MICHAEL & BENICI, 337.17 337,00 .17 08/18/2003 100.00 - 47.0006.1 MORRISON, RUSSEll 136.48 61.84 74.64 08/04/2003 88.30 - 1.0780.3 MORTENSEN, CAMMI 205.52 126.67 78.85 08/20/2003 62.00 - 74.0022.1 MORTON, MERRllEE PARK 108.57 108.45 .12 08/1212003 56.51 - 74.2666.1 MOSER, CAROLYN 153.32 78.62 74.70 06/25/2003 119.02. 55.1150.1 MOUNTAIN WEST BANK 148.50 74.25 74.25 07/28/2003 78.01 - 1.0076.3 MOUSER. ADRIAN 172.66 103.07 69.59 08/20/2003 49.99 - 32.0650.2 MOWRY, CHARLOTTE 215.60 112.70 60.27 42.63 06/16/2003 74.97 - 21.1122.1 MUlliN, MICHAEL 226.04 178.46 47.58 07/21/2003 41.70 - 69.1258.2 MUL TERER. JAMES 204.92 92.66 112.26 07/21/2003 80.90 - 25.1086.2 MURRAY, ERIC 70.00 35.00 35.00 07/16/2003 35.00 - 19.6506.2 MUSICK. LYLE 131.51 88.96 42.55 08/08/2003 43.50 - 74.2942.2 MYRICK. DONALD 86.28 42.65 43.63 08/18/2003 51.47 - 74.3654.3 NAGLE, GEORGE & JUDY 95.07 34.63 30.71 29.73 07/2212003 27.77 - 35.1407.1 NAMPA MERIDIAN IRRIGATION 6.96 3.48 3.48 07/18/2003 3.48- 1.3691.1 NAPA S & E AUTO PARTS 96.68 43.66 36.80 16.22 08/05/2003 25.04 - 46.4660.2 NATIONAL WATER WORKS 1.326.12 753.26 380.43 192.43 0712212003 271.39 - 22.1038.3 NAUMAN, EMilY 376.23 250.00 126.23 08/18/2003 100.00 - 21.0220.1 NEELY, SCOTT 237.48 190.88 46.60 08/19/2003 120.34 . 8.1070.1 NEIDER, KYlEE & MENDI 100.86 96.40 4.46 07/15/2003 3.48 - 46.0570.3 NEIL, STEVE 96.66 65.42 31.24 08/18/2003 63.20. 19.0046.2 NEITZEll, JAMES & HEATHER 227.72 156.60 71.12 08/1812003 60.00 . 3.0368.2 NEIWERT, RANDI 51.19 50.21 .98 2.1150.2 NEllES EN, JOSHUA & KELLY 49.76 49.71 .05 09/04/2003 23.34 . 69.0600.1 NELSON, MARK & GLENDA 235.98 114.56 121.42 08/08/2003 101.82 - 3.0660.1 NEWHOUSE. RAYMOND & TINA 122.21 52.82 50.86 18.53 07/14/2003 80.00 - 25.4310.2 NICHOLS, MICHAEL 37.94 36.96 .98 08/04/2003 37.94 - 74.0664.1 NIELSON. STEVE 42.93 40.67 2.26 09115/2003 44.00 - 22.1290.1 NIGH, MICHAEL 254.34 204.94 49.40 09/1212003 50.00 - 50.2238.2 NOSAlSKIY, RUSlAN 52.31 50.05 2.26 08/18/2003 85.00 - ... in Msg column indicates no Notice is to be sent , >' i \ CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Sep 16, 2003 03:05pm c Current PeriOd: 09/30/2003 No Delinquent Minimum AmountDefinquent Balance last Pm! last Pmt Cust No Name Balance Non-Definq 07/31/2003 06/30/2003 05/31/2003 Date Amount 42.2338.2 NOSE, WAYNE & RHONDA 252.93 162.7 4 90.19 08/18/2003 78.43 - 2.5370.1 ODOM. SHERRY 133.64 57.40 76.24 08113/2003 40.00 - 16.3302.2 O'HARE. JUDITH 180.82 119.36 61.46 08/19/2003 53.00 - 13,8816.2 OLIVER. SHElLI 158.92 90.92 68.00 08/01/2003 87.00. 14.4448.3 OLSEN. MARK & SHERllL 90.76 87.00 3.76 08/12/2003 42.52. 32.4954.1 ONEIL HOMES 131.58 62.48 68.76 .34 08/20/2003 72.00- 32.1460.1 OSBURN, JODY 126.4 7 83.66 42.81 07/28/2003 44.77 . 35.0063.3 OVERGAARD, JOSH & ALLYN 47.79 46.81 .98 51,3430.2 OVERTON, DAVID 133.20 93.97 39.23 07/18/2003 46.69 - 22.0454.1 P. JANSSON. JANIE 214.50 198.72 15.78 08/20/2003 150.00 - 9.9058.1 P.J. SMITH 52.40 34.94 17.46 07/21/2003 14.00 - 9.9060.1 P,J. SMITH 53.42 35.92 17.47 .03 07/21/2003 12.00 - 2.1280.1 PACK, TRACY 84.00 38.35 45.65 07/18/2003 37.81 - 21.2230.1 PAGE, LINDA 83.78 68.36 15.42 09/02/2003 50.00 - 15.0043.2 PALMER. TROY 130.89 84.32 46.57 08/13/2003 46.57 - 15.0524.1 PATTEE, RICHARD & ROSIE 1 60.42 105.64 54,78 08/19/2003 54.78 - 51.0318.3 PAULIN, BEN 70.01 38.27 31.74 08/25/2003 30.00 - 65.0346.3 PEDERSEN, DOUGLAS & KATHF 52.77 36.27 16.50 08/18/2003 60.00 - 51.3810.2 PERKINS. BRADLEY & PATRICI; 89.19 89.09 .10 08/18/2003 111.57 - 69.0214.1 PERRY, DAN & LORI 116.02 57.03 58.99 08/18/2003 57.03 - 35.0101.2 PETRAIN. JAMES 146.80 30.00 116.80 02/12/2003 32.45 - 31.0156.3 PETTINGILL, LEWIS 142.66 90.84 48.85 2.97 08/19/2003 40.00 - 32.0490.4 PFAFF, CHRISTOPHER & KRIST 163.69 105.86 57.83 07/14/2003 48.03 - 34.3337.1 PHEASANT POINT C/O 1,139.40 780.18 359.22 08/07/2003 249.46 - 42.1842.1 PHILLIPS. ANIKA 65.04 63.06 1.98 08/12/2003 65.00 - 32.1636.1 PHILLIPS, ERNEST 95.88 76.14 19.74 08/20/2003 19.31 - 21.3022.3 PHILLIPS, SCOTT & MELANIE 163.48 144.48 19.00 08/18/2003 100.00 - 74.3560.2 PICARD, VINCENT 70.00 34.02 35.98 07/22/2003 31.45 - 36.1020.1 PIERCE, ROBERT 72.03 24.01 24.01 24,01 07/09/2003 49.00 - 42.1160.1 PIETRZAK, JOHN 131.48 87.98 43.50 07/21/2003 87.98 - 21.1086.2 PITCHER, MIKE& CHRISTA 309.30 204.94 104.36 09/12/2003 80.00 - 46,0588.3 PlINE, NERISSA 95.68 64.44 31.24 07/08/2003 31.27 - 22.1344.1 PLOTT. JOHN 169.70 140.26 29.44 08/18/2003 50.00 - 2.3340.1 POE, RICHARD 170.43 169.61 .82 08/19/2003 149,00 - 34.1412.5 PONA TH. JOHN 174.24 126.46 47.78 07/07/2003 134,65 - 1.2780.1 POPEL. LAURIE 140.12 87.48 52.64 07/18/2003 75.88 - 46.0250.3 POTTER, GWENDOLYN C/O 111.25 71.88 39.37 07/18/2003 171.19 - 50.2402.1 POWELL, RANDY 144.66 81.91 62.75 08/22/2003 41.58 - 19.0554.1 PREMIER SYSTEMS 56.17 38,70 17.47 09/03/2003 21.23 - 34.1940.2 PRESLEY, ALLISON 167.11 103.24 63.87 08/18/2003 30.76 - 2.0418.2 PRICE, DOUGLAS 203.59 153.61 49.98 07/22/2003 126.80 - 74.3418.2 PRINDLE, SHELLY 153.78 59.18 94.60 08/20/2003 65.00 - 21.1828.2 PRINTZ, DENIA 181.20 85.70 48,24 47.26 07/21/2003 48.49 - 4.2248.2 PUCKETT, RUSSELL 238.96 162.30 76.66 08/26/2003 90.00 - 1.0100.2 PYlICAN, WOODROW A. 131.29 131.29 02/18/2003 45.26 - 34.1172.1 QUARNBERG, CARL & DOROTH 255.67 172.54 83,33 08/20/2003 91.17 - 21.1476.2 QUINT ANA. LOUIS 83.31 55.54 27.77 08/19/2003 28.75 - 52.0302.1 R T NAHAS FURNITURE STORE 107.90 67.07 40.83 08/01/2003 81.66 - 74.0902.2 RACKHAM. LARRY 46.40 23.20 23.20 07/22/2003 45.77 - 50.3752.3 RASMUSSEN, JACOB 171.67 94.79 73.67 3.21 07/22/2003 60.00 - 50.3862.2 RATARIUS, TAMERA 97.92 50.21 47.71 08105/2003 39.87 - 16.3001.1 RATCLIFFE INVESTMENTS 20.88 20.88 50.4594.2 RCG INC 45.24 44.36 .88 08/15/2003 40.00 - 42.1916.3 REGENNITTER. CONNIE 147.57 131.68 15.89 09/16/2003 22.00 - 21.0118.2 REIS, DAVID 90.78 60.52 30.26 07/16/2003 61.50 - ... in Msg column indicates no Notice is to be sent ). ( ( CITY OF MERIDIAN .. Delinquent Account List- council Page: 11 Standard Payment Customers Sep 1 6, 2003 03:06pm Current Period: 09/3012003 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06130/2003 05/31/2003 Dale Amounl 72.0138.2 REITHER, THAX 138.64 68.34 70.30 07/31/2003 77.16 - 21.2918.1 REYES, KAREN 180.52 155.60 24.92 08119/2003 100.00. 33.4578.1 RHINEHART, DOUG & MARY 209.34 145.80 63.54 08/2012003 70.00. 33.2336.1 RICHARDSON, JAMES 185.81 122.24 63.57 07122/2003 62.59 - 4,2320.1 RICHARDSON, ROD 338.58 238.58 100.00 08/19/2003 175.18 - 51.3154.5 RICKORDS. SHANNON C/O 201.20 124.88 76.32 08/05/2003 46.92 - 14.3548,3 RIEGERT, FRANZ & FAE 107.83 71.56 36.27 08/05/2003 37.25 - 42.0310.3 RINKE, JOE & SMITH, RANDALL 174.55 117.70 56.85 08/18/2003 40.38 - 33.3726.1 RISH CONSTRUCTION. MERRill 137.25 90.52 46.73 08/05/2003 43.36 - 50.0306.2 RITTENHOUSE. CRAIG 85.29 40.41 24.88 OS/20/2003 100.00 - 22.2072.2 ROBERTS, CATHERIN 17.75 17.75 11/21/2002 53.25 - 51.3300.1 ROBERTS, DAVID 110.96 68.49 42.47 08/05/2003 46.32 - 69.0422.1 ROBERTS. DOUG 45.04 41.54 3.50 07/16/2003 41.54 - 50.4534.1 ROCKE, SEAN 64.90 36.15 28.75 08/0812003 29.73 - 37.2956.1 ROCKY RIDGE HOMES 11.70 7.24 4.46 51.3214.2 ROEHR, CLINT 263.54 144.29 119.25 07/18/2003 132.97. 35.0105.2 ROONEY, BRUCE & PAIGE 93.46 45.75 43.79 3.92 08/26/2003 43.79 - 34.1946.4 ROSIN. DOUGLAS & KIMBERLY 273.07 155.84 117 .23 08/18/2003 85.87 - 52.1643.1 ROY ENTERPRISES LLC 352.90 171.06 181.84 08/1812003 171.06 - 52.1644.1 ROY ENTERPRISES LLC 253.78 130.65 123.13 08/18/2003 123.13- 22.0914.1 RUCKER, JEAN 207.96 132.76 75.20 08/15/2003 59.63. 47.0074.2 RUMSEY. PHILIP & JENNIFER 113.86 45.63 68.23 08/19/2003 38.23 - 2.3180.1 RYAN, WALTER 189.68 96.59 93.09 08/26/2003 60.00 - 21.3064.2 SANCHEZ, LARRY & JEANNETTI 158.27 158.22 .05 08/18/2003 80.53 - 42.3112.2 SANDERS. JOHN 89.28 86.34 2.94 08/1312003 37.78 - 34.1078.2 SAVELBERG, DOYLE 132.43 97.96 34.47 08/20/2003 31.53 - 9.0092.1 SAWTOOTH HOMES 49.42 38.70 7.24 3.48 9,0098.1 SAWTOOTH HOMES 45.66 38.70 3.48 3.48 88.0035.1 SCARISBRICK DENTAL LAB 25.00 25.00 22.1386.1 SCHAEFFER, MICHAEL 256.76 155.94 100.82 OB/05/2003 126.00 - 74.0382.2 SCHILDHAUER, YOLANDE 183.46 99.64 83.82 08/2212003 78.00 - 31.3286.3 SCHLITT, GARY 148.63 74.84 73.79 07/30/2003 89.54 - 32.1642.1 SCHMIT, JAMES 84.03 83.98 .05 OB/18/2003 69.00 - 42.3050.1 SCHOLZ, LESLIE 183.92 8B.3o 75.62 07/23/2003 96.85 - 21.1670.1 SCHOPPELREY, DOUGLAS & CI 181.90 176.84 5.06 09/1212003 88.42 - 51.3720,2 SCHOW, BART & ALISSA 1 76.66 114.51 62.15 09/02/2003 100.00 - 37.3846.1 SCHROEDER ENT INC 34.94 17.47 17.47 07/31/2003 45.82 - 9.0020.1 SCHROEDER ENTERPRISES IN! 24.43 20.95 3.48 3.0677. 1 SECO ASSOCIATES INC 18.82 18.82 09/18/2002 14.12 - 3.0676.1 SECO ASSOCIATES INC 111.05 85,53 25.52 06/03/2003 90.00 . 34.1874.1 SEELY, RANDALL C. 118.92 111,08 7.84 09/10/2003 50.15 . 35.2392.2 SEMMER, CHAO & MARY 80.06 39.05 41.01 08/19/2003 41.01 - 33.2402.3 SHACKELFORD, RANDAll 82.33 54.56 27.77 07/31/2003 28.75. 6.9242.1 SHADOW MOUNTAIN HOMES 22.34 18.86 3.48 07/22/2003 3.48- 13.8992.1 SHADOW MOUNTAIN HOMES 45.66 38.70 3.48 3,48 30.6114.1 SHADOW MOUNTAIN HOMES 60.58 19.43 19.43 18.45 3.27 07/2212003 3.69. 21.0034.1 SHAFER, JERRY 166.40 165.42 .9B 09/02/2003 70.00 . 13.4028.2 SHAKE, KENNETH & CARRIE 119.11 79.08 40.03 08/18/2003 41.01 - 22.1316.2 SHAW, OWEN & CHRISTINA 226.73 208.72 18.01 08/20/2003 120.00 - 50.2420.2 SHAW. ROBERT 131.07 62.34 68.73 07/21/2003 107.92 - 32.0970.4 SHEARER, JOE & RENEITA 286.94 200.64 86.30 08/26/2003 71.60 - 13.9090.2 SHEARER, TRACY & PAMALA 131.98 86.64 43.34 07/25/2003 43.34 - 21.1154.1 SHELAMER,KATHY 208.77 141.14 67.63 07/28/2003 50.97 - 34.2048.1 SHEPERD. CRAIG 122.26 119.26 3.00 09/15/2003 56.63 - 50.0292.1 SHOEMAKER. TAMI 131.39 85.49 45.90 09/11/2003 75.00 - ... in Msg column indicates no Notice is to be sent ( , CITY OF MERIDIAN Delinquen I Account List- council Page; 12 Standard Payment Customers Sep 16, 2003 03:07Pm" Current Period; 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Las! Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 3.0292.1 SHURTZ, ROD 267.18 123.94 143.24 08/16/2003 120.00 - 21.0208.1 SILSBY, TERRY 268.48 130.10 123.36 35.02 07/18/2003 50.00 - 2.2500.1 SILVA, JOSEPH 158.60 121.95 36.65 09/11/2003 90.00 - 34.0528.2 SILVA, STEVEN 261.12 204.28 56.84 09/03/2003 40.00 - 21.2836.2 SINGLETON, RODNEY 195.93 137.68 58.25 08/20/2003 56.29 - 31.3464.3 SIRANI. JOSEPH & LINDA 127.45 89.54 37.91 34.0822.1 SITZLAR, RON & GAY 109.79 109.12 .67 09/04/2003 73.00 - 34.0826.4 SITZLER. RON 146.72 111.72 35.00 09/04/2003 35.07 - 2.0380.1 SKIVER, WAYNE D 183.56 80.89 51.87 49.91 .89 07/14/2003 50.00 - 31.0134.1 SLC INVESTMENTS LLC 67.73 40.85 14.17 12.71 07/02/2003 39.05 - 74.1086.3 SLYTER, GORDON 76.80 38.89 37.91 74.1114.2 SLYTER, GORDON 97.06 47.55 49.51 08/08/2003 93.40 - 2.1700.2 SMITH, LEON & JANICE 71.53 47.55 23.98 08104/2003 60.00 - 50.0012.1 SMITH, PAUL H. 80.24 78.95 1.29 09/09/2003 60.00 - 32.4822.3 SOMAZZI, ROGER & JENNIFER 97.96 85.70 12.26 08/19/2003 35.00 - 32.1576.1 SON, DAVID & SHELLlE 62.13 42.46 19.67 09/15/2003 25.00 - 33.2646.1 SONDERMAN, MARTIN 126.00 4.46 36.94 86.60 04/08/2003 83.23 - 1.0480.2 SPEAR, GAYLEN & JEANNE 54.68 29.08 25.60 07/21/2003 24.62. 69.1640.2 SPENCER. SHIRLEY 47.64 45.78 1.86 08/08/2003 77.95 - 34.3316.1 STADLER, STEPHEN & HEATHE 227.42 150.94 76.48 08/18/2003 37.00 - 3.0426.2 STAGGERS, PERRY 350.82 234.48 116.34 08/18/2003 110.26 - 42.2040.2 STAHL. KARIN 209.38 136.32 73.06 08/18/2003 82.86 - 21.0136.2 STARK. MIKE 93.72 63.46 30.26 07/21/2003 31.24 - 21.0200.3 STARR, DALE & MICHELLE 203.85 148.64 55.21 07/21/2003 82.98 - 22.1048.1 STEINER, THURSTON 259.90 170.96 66.92 08/20/2003 73.24 - 32.0792.2 STEPHANS, LEANN 114.06 113.78 .26 09/03/2003 60.00 - 42.3056.4 STJNAR, ILENE 96.35 93.86 2.49 08/21/2003 50.00 - 74.3470.2 STOCKTON, JASON 163.42 128.26 35.16 07/29/2003 66.14 - 21,0152.2 STODDARD, NORMAN 241.26 153.00 88.26 08/18/2003 66.70 - 22.1406,2 STRAIGHT, PHILLIP 163.38 156.92 6.46 09/09/2003 70.00 - 51.0938.5 STRATE, EUGENE 92.06 56.61 35.45 07/22/2003 55.34 - 69.0186.1 STRAWN, CHRISTOPHER BO,84 3B.95 41.89 07/30/2003 74.05 - 25.1020.2 STRAWN, JOEL & MARGOT ANI'- 51,36 25.68 25.6B 08/1 B/2003 52.34 - 31.1060.1 STRONG, EARNEST 223.66 132.34 91,32 08/20/2003 42.00 - 21.2922.3 STUART, DEJl.N & DIANE 271.16 199.72 71 .44 08/18/2003 111.62- 51,0322.1 STUTZMAN, JULIE 45.45 41.53 3.92 07/2B/2003 19.43 - 32.0664,1 SUITER, JOHN W. 140.19 140.16 .03 09/04/2003 83.31 - 22.2080.2 SUMMERS, JOCK & JULIE 150.49 99.02 51.47 08/18/2003 46.57 - 50.0232.4 SUNSET PROPERTIES, LLC. 76.80 38.89 37.91 34.2702.1 SWARTZ. DANIEL 155.89 105.56 50.33 07/21/2003 102.62 - 13.2080.2 SYKES, KENNETH 96.07 62.74 33.33 07/21/2003 37.25 - 69.0484.6 TADEVIC, TOM 124.2B 60,18 64.10 08/22/2003 91.52 - 37.3982.2 TALLMAN. JULIE & TROY 134.38 56.90 77.48 08/0B/2003 45.17 - 13.8480.2 TARP. PAUL & KAREN 90.14 89,54 .60 OB/21/2003 44.17 . 2.4960.1 TATMAN, CHRISTY 186.48 117.82 6B.66 08/20/2003 62.78 - 1.3250.1 TAYLOR, DENNIS F 149.33 68.47 80.86 04/04/2003 67.94 - 50.1020.1 TECO INVESTMENTS 76.65 74.71 1.94 08/18/2003 100.00 - 47.0052.4 TENNANT, ROBERT & CONNIE 110.66 59.03 51.63 88.0063.1 TERIYAKI STIXlHOGI YOGI 25.00 25.00 3.9836.2 TERRACE PU'.ZA L.L.C. 186.10 93.05 93.05 07/25/2003 89.29 . 46.0402.1 TESAR, TRACI 88.97 86,02 2.95 09/03/2003 43.50. 34.1826.1 THAMES, DAVID & SUSANNE 117.03 108.48 8.55 08/13/2003 55.00. 32.5500.1 THE CHURCH OF JESUS CHRIS 779.51 483.00 296.51 07/22/2003 273.95 - 49.1241.1 THE PRINTING PRESS 460.72 459.72 1.00 08/19/2003 142.62 - 4.1400.1 THIES, GREGORY 81.42 81.42 12/03/2002 59.17 " ... in Msg column indicates no Notice is to be sent , CITY OF MERIDIAN ( Delinquent Account List- council Page: 13 Standard Payment Customers Sep 16, 2003 03:08pm, Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 42,1074.1 THOMANN, MARK 278.62 196.40 82.22 08/20/2003 66.54 - 51.1172.2 THOMAS/ANDERSON PARTNER 62.86 29.55 33.31 07/28/2003 29.55 - 32.1558.4 THOMPSON,GARY 150.02 98.70 51.32 08/19/2003 70.00 - 50.2110,2 THOMPSON, RHONDA 107.40 59.85 47.55 08/19/2003 47.55. 13.8124.2 THOMPSON, RYAN 95.82 94.52 1.30 09/03/2003 44.00 - 1.1950.1 THORNE, TORY 277 .48 154.69 122.79 08/19/2003 118.87 - 1.1940.1 THORNE, TORY L 206.88 113.51 93.37 08/19/2003 86.51 - 35.3062.2 THORNTON, SUSAN & MARK 73.92 37.94 35.98 07/21/2003 36.97 - 19.6614.1 THURBER, JIM 93.57 93.54 .03 08/19/2003 46.25 - 21,2768.2 THURBER. RICHARD 232.92 139.60 93.32 08/04/2003 108.24 - 19.0538.1 TIETJEN, JILL 116.64 64.94 17.47 18.45 15.78 42.2544.2 TINTSMAN, TOO 0 255.87 162.74 93.13 08/15/2003 74.51 - 74.2520.1 TOLAND. DAVID 98.25 98.16 .09 08/21/2003 186.00 - 50.4022.3 TORGESON, MATTHEW 91.71 37.63 37.09 16.99 08/15/20D3 25.00. 33.9110.1 TOUCHMARK 78.73 49.98 28.75 D7/16/2D03 57.50 - 33.9114.1 TOUCHMARK 72.43 43.68 26.75 07/16/2003 42.46 - 33.9112.1 TOUCHMARK 56.17 38.70 17.47 07/16/2003 46.22 - 33.9020.1 TOUCHMARK CONSTRUCTION 33.17 29.69 3.48 22.0990.3 TOWNSEND, BRYANT & TANISH 150.51 102.00 46.51 07/21/2003 116.13 - 2.3510.1 TRAVIS, HANSEN 77.10 67.27 9.63 08/16/2003 100.00 - 35.7836.1 TREASURE VALLEY PEDIATRIC. 100.60 93.05 7.55 09/11/2003 22.59 - 35.3032.1 TRINITY HOMES 100.49 43.79 44.84 8.38 3.48 04/22/2003 20.00 - 64.0184.2 TUCKNESS. DEBBIE & STONEY 77.12 37.09 40.03 07/22/2003 45.91 - 2.2230.2 TUDEHOPE.HEATHER 104.76 54.61 50.15 08/15/2003 79.17 - 25.4026.1 TUSCANY HOMES 109.48 109.48 21.1174.1 TWADDLE, DAVID 127.72 127.52 .20 09/15/2003 105.32 - 50.1376.1 U.S. POSTAL SERVICE 455.52 249.94 205.58 07/09/2003 201.82 - 50.1373.1 U.S. POSTAL SERVICE 993.36 627.30 366.08 07/09/2003 177.92 - 2.4840.4 VALESKO, DONALD 68.66 63.48 5.20 09109/2003 45.00 - 3.0278.1 VANDERMEER,ALETA 84.92 46.16 38.76 07/28/2003 38.76 - 2.3360.1 VANTRIES, R.W. 102.79 89.07 13.72 08/19/2003 72. 85 - 31,2304.4 VARIN, ANDREW 199.49 137.24 62.25 06/19/2003 60.29 - 22.1770.3 VAUGHAN. WILLIAM & LORI 79.40 76.46 2.94 08/15/2003 36.27 - 31.3234.2 VEGA, CRISTOBAL 159.79 102.28 57.51 21.1032.1 VELADA, FEDERICO 186.46 130.06 56.40 08/20/2003 45.62 - 88.0064.1 VERIZON 50.00 50.00 50.0136.3 VICTORY, CHRIS 207.38 113.27 94.11 07/18/2003 164.64 - 2.1860.3 VICTORY, CHRISTOPHER 136.86 66.74 70.12 08/18/2003 54.44 - 34.1520.1 VICTORY, CHRISTOPHER 98.01 68.28 29.73 07/21/2003 29.73 - 32.0656.3 VICTORY, MICHAEL & YUNSUK 151.93 99.00 52.93 08/06/2003 34,90 - 21.0080.1 VINCENT, SPARKY 539.83 127.16 99.84 59.66 253.17 07/30/2003 59.66 - 50.3742.2 VNUK, JOHN 385.89 164.39 118.77 95.25 7.48 07/30/2003 50.00 - 32.0974.1 VOSS, KURT 188.69 131,02 57.67 07/29/2003 48.85 - 2.1430.4 WADDOUPS,DOROTHY 116.56 67.37 49.19 07/07/2003 135.24 - 35.5017.2 WAGEMAN, CLINT 92.60 46.89 45.91 07/25/2003 66.19 - 5.0464.2 WAGONER. LONNIE & TONI 151.06 99.06 52.00 08/12/2003 50.00 - 4.2046.2 WAIKERT. ANTHONY 170.10 103.45 66.65 07/09/2003 61.75 - 1.2310.2 WALKER, BETTE 84.58 83.26 1.32 09/09/2003 70.00 - 31.0862.2 WALKER, BRYCE 139.28 98.76 40.52 08/05/2003 46.00 - 1.3340.1 WALSH. RON 136.52 136.52 01/16/2002 29,17 - 32.0576.1 WARD. NORRIS 131.37 131.36 .01 08/12/2003 68,12 - 48.2651.1 WATER WORKS CAR WASH INC 337.76 211.78 125.98 07/28/2003 127.94 - 19.4470.2 WATLINGTON, JUSTIN 113.82 76.86 36.96 07/22/2003 38.92 - 42.0462.4 WEBB, HENRY & CHERRIE 186.52 124.60 61.92 08/26/2003 69.00 - 21.2712.5 WEBBENHORST. JED 177.52 119.98 57.54 08/18/2003 43.76 - ... in Msg column indicates no Notice is (0 be sent ,. .... CITY OF MERIDIAN ( Delinquent Account Lisl- council Page: 14 i Standard Payment Customers Sep 16, 2003 03:08pm Current Period: 09/30/2003 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 07/31/2003 06/30/2003 05/31/2003 Date Amount 52.1077.1 WELLS FARGO BANK 245.10 126.96 118.14 07/16/2003 62.28 - 65.3116.1 WELLS, DARIN 56.52 27.77 27.77 .98 08/19/2003 27.77 . 2,0922.1 WEST, THOMAS 41.35 38.93 2.42 06/08/2003 60,00. 23.1000.1 WESTLAWN HILLS 77.33 48.31 14.51 14.51 50.3890.1 WHIPPLE. JEFF 57.06 55.59 1.47 09/04/2003 44.27 - 42.2492.1 WHITE, T AMELA 217.90 144.84 73.06 06/20/2003 6100 - 50.0194.1 WHITNEY, CLAYNE 64.60 48.89 15.71 09/09/2003 15.00 - 74,0064.2 WHITSITT, JOSEPH 175.59 83,51 92.08 06/20/2003 100.00 - 52,0262.1 WILD SHAMROCK LLP 30.20 7.55 7.55 7.55 7.55 05/13/2003 517.67 - 46.0214.1 WILLIAMS, SHANE 203.57 116.04 87.53 07/24/2003 119.47 - 32.1252.2 WILLIAMSON. DALE 90.17 62.40 27.77 07/22/2003 26.75 - 50.0070.1 WILLIAMSON, JOHN 52.65 43.01 9.64 06/14/2003 38.55 - 2.0250.1 WILLIAMSON, JOHN F 60.20 41.01 19.19 06/14/2003 45.91 - 2.0290.1 WILLIAMSON, JOHN F 58.99 39.21 19.76 08/14/2003 46.07 - 2.0260.1 WILLIAMSON, JOHN F 115.48 53.43 62.05 06/1412003 53.43 - 2.0260,1 WILLIAMSON, JOHN F 34.47 29.73 4.74 06/14/2003 29.73 - 32,1636,2 WI LOTH, MARK 85.36 57,90 27.48 07/16/2003 81.45 - 33.3662.1 WILSON, RANDY 94.44 91.50 2.94 09/16/2003 44.77 - 33.4282.3 WOLIN, DALE & LOIS 99.10 66.72 32.38 07/14/2003 32.36 - 74.1026.6 WOOD. MARK 90,56 47.24 43.32 07/16/2003 37.44 - 34.1506.2 WOODWARD, ROBERT 150.36 79.40 70.19 .77 07/23/2003 70.00 - 14.5007.2 WORCHESTER, WES & SUSAN 92.13 62.40 29.73 07/2212003 60.44 - 32.1632.1 WRIGHT, MICHAEL & SUSAN 123.03 62.02 41.01 06/18/2003 41.01 - 74.0336.1 YEAGER, RODERICK S. 110,09 31.65 70.07 8,17 08/19/2003 30.00 - 74.0372.3 YELTON, LAURA 139.20 63.23 75.97 07118/2003 93.32 - 13.6456.2 YORK. RICHARD 98.14 66.08 32.06 07/31/2003 41.06 - 2.0660.3 YOUNG. AUSTiN 77.36 39.66 37.70 07/31/2003 42.60 - 2,0670.1 YOUNG. AUSTIN L 62.16 56.56 25.60 06/20/2003 41.16 - 33.1650,3 YOUNG, JESSE 128.43 64,64 43.79 08/05/2003 43.79 - 50,2338,2 YOUNGER. RUSSELL 74.38 40.89 33.49 08/19/2003 32.51 - 74,2434,2 ZABALA, DAVID 115.36 101,66 13.72 08/21/2003 95.76 - 69.1054.2 ZABALA. JOHN 71.84 39.05 32.79 05/02/2003 200.00 - 42.2528,3 ZABLOTOWICZ, MITCHELL & L. 203.98 125.86 78.12 07/16/2003 50.68 - 14.4462.2 ZAMPERINI, PETE & SHERYL 147.29 99.50 47.79 06/27/2003 47.81 - 50.3784,1 ZAVALA, JOSE 105.85 44,65 39.21 21.99 07/21/2003 60.00 - 4.0848.2 ZIMMERMAN, BRAD 101.52 54.95 46.57 08/20/2003 45.59 - Grand Totals: 124,818.41 78,963,80 37,969.83 3,807.33 4,077.45 Report Criteria: Terminated customers not included Customer.Cust No = l<} 9900000 ... in Msg column indicates no Notice is to be sent BEFORE THE MERIDIAN CITY COUNCIL C/C 09/16/03 IN THE MATTER OF THE ) APPLICATION OF PRIMELAND ) DEVELOPMENT, LLP FOR ) APPROVAL OF 78 BUILDING ) LOTS AND 14 OTHER LOTS ON ) 30.79 ACRES IN AN R-8 ZONE FOR ) VERONA SUBDIVISION NO.2, ) LOCATED AT THE NORTHEAST ) CORNER OF WEST McMILLAN ) ROAD AND NORTH TEN MILE ) ROAD, MERIDIAN, IDAHO ) ) CASE NO. FP-03-050 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on September 16, 2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner I for the Plalll1ing and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: September 16, 2003, to the Mayor al1d Council, and that Anna Powell Planning Director for the Plam1ing and Zoning Depaliment, commented at the hearing, and the Council having considered the requirements of tl1e preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF VERONA SUBDIVISION NO.2" as evidenced in Plat bearing: "PLAT SHOWING VERONA SUBDIVISION NO.2 LOCATED IN THE SW Y4 OF SECTION 26, TAN., R.1 W., B.M" MERIDIAN, ADA COUNTY, IDAHO 2003, JOB 3038, ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT I (FP-03-050) Page 1 of5 SHEET 1 OF 2, \3038-PLT.DWG 09/23/03 BKB, STAMPED: RECEIVED SEP 24 2003 CITY OF MERIDIAN CITY CLERK OFFICE, PRIMELAND DEVELOPMENT, LLP - DEVELOPER, ENGINEERING SOLUTIONS, LLP", Primeland Development, LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Plmmer I for the Planning and Zoning Depmiment, dated: Hearing Date: September 16,2003, listing 25 CONDITIONS OF APPROVAL, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and the response letter of Becky McKay of Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit B", and consisting oftwo pages, and by this reference both are incorporated herein, and the additional requirements from the action of the Council taken at their September 16, 2003 meeting as follows, to-wit: 1, I Comply with the conditions of the Meridian Fire Depmiment as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridiml Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Depmiment which will be submitted to the Public Works Department. All curbing in front of tire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside, ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT / (FP-03-050) Page 2 of 5 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6, 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. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. 1.2 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1, State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Ell vi rOllin ental Quality, July 1997, 2, Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depmiment, May 2000. 2, The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-050) Page 3 of5 signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue, A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-050) Page 4 of5 By action of the City Council at its regular meeting held on the . , +h- lIP day of c) ep-/-wYl ~( ,2003. ~. _.__._-~.__..._+ ~ By: . .:....... .... '-~ """ ,,,,,,,,,, 3.~: . .... :. ..... ....... .n.. . ... . \\\\ f Me-- 1111 - ........,',\~~ 0 '<::RID;, I;;///,?;e Ihrn.; de N.u-J-t( I elf-; Cow..&J prvtJl~1r ~ c} ~PO~ ry'...z..-'/ 2' ~00 ~() ~ ~ ~ ~ - ~ - - - - - - - - - - - - - - Attest: William G. Berg, Jr., C' y erk %. ~ ,CfJ& 0 f -:;'"YO uSr 16\' . ~ $ -'/-..y ~~ Copy served upon Applicant, the P(l1il}lifi\o1YWr2fop~'.f)epartment, Public Works Depm1ment, . ;1// \\\ and CIty Attorney. / /: 1/ II n In \1 \ \ \ By~~4 ~(t- (I Dated: (tJ- 7-tJ.3 Z:\Work\M\Meridian\Meridian 15360M\Verona Sub. No.2 FP-03-050\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-050) Page 5 of5 MAYOR Robert D. Conie HUB OF TREASURE VALLEY A Good Place to Live 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433, FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 t[ c/ Sept, I (p /lGiJ3 j -tt-v'VL 11..0, ;7 I'.... .1 / l' /'} .!.. . . . i..... l.ut ./CG'tlC lorvl,yl.l:"V":C- ). ~ ,- --- U ~...'- I vI '::) t: ! lie ,;,t " CITY COUNCIL MEMBERS Tanuny deWeerd Keith Bird Cherie McCandless William LM. Nary CITY OF MERIDIAN STAFF REPORT: Hearing Date: September 16, 2003 To: Mayor, City Council and Planning & Zoning Commission fll Sonya Allen, Planner I C c::-d Bruce Freckleton, Senior Engineering Tech. ~ R. .' -r-. · ./-~' .".- -....."'\{.."......., "w- . "Of ~ijJl~" ~.'!,," [ ,\. iW } \\ ,if' j f, , . 111 J i ~ ., < ';i.hl~"J 'r.>.-'..' ____......r~ ~~ 'J _L......'I -'r---:"~ From: SEP 1 j 2003 Re: Verona Subdivision No.2 nitv onvl"'rldi~ n ;;::j..y rtl;;r-k~-O-ffi-c~: .-1liJ... \.J "" 1'::: · Request for Final Plat Approval of Seventy-Two (72) Single-Family Residential Lots, Six (6) Office Lots, and Fourteen (14) Other Lots on 30.79 Acres in an R-8 Zone (P-D) for Verona Subdivision No.2, by Primeland Development, LLP (File No. FP-03-050). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland Development, LLP, has requested final plat approval of the second phase of Verona Subdivision. This phase of the subdivision consists of 72 single-family residential lots and 14 other lots on 30.79 acres and is located off of the north-east corner of W. McMillan Road and N. Ten M'ile Road. The other lots consist of pedestrian paths, landscaping, and drainage lots. .The residential portion of this phase of the subdivision has a gross density of 2.50 d. u.! acre and a net density of 3.15 d. u./ acre. Although the proposed subdivision is located in an R-8 zone, a Conditional Use Permit for a Planned Development (File No. CUP-03-007) has been approved for the subdivision that allows a portion of the s:ubdivision to be developed in a commercial manner. Staff finds that the proposed fInal plat substantially complies with the approved Preliminary Plat and the terms of the Conditional Use Permit. There were some revisions made to this phase of the fmal plat that included additional common area lots than were approved on the preliminary plat. The additional common lots were created within portions of existing building lots. Most of the additional lots were originally shown as landscape easements. Since no additional building lots are proposed, staff still deems the plat to be in substantial conformance with the approved preliminary plat. FP ..{)3-OS0 ede""'" NA" I ~{.~ Verona Suo 2.FP Mayor & City Council Hearing Date: September 16,2003 Page 2 Staff recommends approval of Verona Subdivision No.2 with the comments and conditions stated in this report. CONDITIONS OF APPROVAL 1, Applicant shall meet all terms of the approved Preliminary Plat (PP-03-003), Planned Development (CUP-03-007), and Development Agreement (lnst. No.1 03097612), 2. The pressurized inigation system within this development is to be owned and maintained by the Bridgetower Crossing and Verona Home Owner's Associations. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is' utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Sanitary sewer and water service to these lots shall be via main line extensions from existing mains adjacent to the subdivision. This development shall be subject to latecomers' fees to reimburse those responsible for bringing service to the area. The latecomers' fees shall be due and payable upon City of Meridian endorsement on the final plat map. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. Any drainage areas (detentiollJretention basins) must be designed to ensure that water is retained only during lOO:year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 6. 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. 7. Applicant shall add a permanent shared access easement, centered on the lot line between Lots 26 & 27, Block 3; Lots 3 & 4, Lots 20 & 21, Lots 22 & 23, and Lots 28 & 29, Block 10 for the purpose of a common driveway. The access easement shall be a minimum 20 feet wide by 20 feet long. Label or note said easement accordingly on the face of the plat. FP -oJ.Qso QJ..'hif "p,. ~,I" Vero".. Sub ..F!' Mayor & City Council Hearing Date: September 16, 2003 Page 3 8. Add or revise the following plat notes: II Add note: No building permits shall be issued on any lots in this subdivision until the provisions of the recorded Development A~eement Instrument No. 103097612 have been fulfilled as determined by the City of Meridian. (16.) Revise setbacks: Street side - 20' single family, 15' townhomes (17.) Revise to read: No sight obscurin€! fencing shall be constructed higher than (4) feet. with the allowance of a (2) foot lattice on top of the solid fence. adjacent to pedestrian walkways lying along side lot lines of Lot 21. Block 3. 9. The Professional Land Surveyor shall sign and date the face of the plat.. 10. Graphically depict 3D' McMullen Lateral easement on face of plat. 11. Submit a revised landscape plan showing detached sidewalks on N. Ten Mile Road & W, McMillan Road per the Meridian Comprehensive Plan. 12. Per MCC 12-13-13-6 Mitigation Trees, prior to the City Council meeting, applicant shall submit evidence to the Planning & Zoning Department that another governmental agency is requiring the removal of the existing silver maple and conifer trees. According to Harvest Design, a total of 124 caliper inches of trees must be replaced. Mitigation trees are in addition. to all other required landscaping. A revised landscape plan showing the required mitigation shall be submitted 13. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 14, Street lights shall be installed in compliance with the approved streetlight agreement. Two-Hundred-fifty watt (250w) and One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s 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. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 15. Compaction test results mu~t be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 16. Complete the recording information of Verona Subdivision No.1 in the situate statement of the legal description of the Certificate of Owner's. 17. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. F1' -<13-050 E~:b;# "A" 3 (Jf~ Vern.. Sub 2.fP Mayor & City Council Hearing Date: September 16, 2003 Page 4 18. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-13- 10-8. Detached sidewalks shall be required along the entire subdivision frontage of Ten Mile Road. 19. A new detailed Conditional Use Permit will be required prior to development of any of the office/church uses within Verona Subdivision. 20. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 21. Fencing shall be installed as submitted on fencing plan in accordance with MCC 12-4~10. 22. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. 23. Graphically depict IO-foot wide public utilities, drainage and irrigation easements along all rear lot lines that are not adjacent to the subdivision boundary. 24. Graphically depict 8-foot wide public utilities, drainage and irrigation easements along all side lot lines where pressurized irrigation mains run. 25. Graphically depict 5-foot wide public utilities, drainage and irrigation easements along all lot lines adjacent to the subdivision boundary that will be side lot lines against the previous phase of Verona Subdivision. RECOMMENDATION Staff recommends approval of the final plat for Verona Subdivision No.2 with the above stated comments and conditions. FP -03-050 E-:II,# "It" " (j~ 1/ V"'ODa Sub 2.FP Es~f'1fr!'?fls: 150 East Aikens Street, Suite B Eagle, ill 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwest.net September 11, 2003 tlG &pt. 1 ik, 2oiJ3 J -l-0VY\ ""1'1~, 1'( Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 R. . DI'~T;'IT~T~'jT""~ , !!4,~ \11 I "V" g n .' d.JL:~ V.n..:..J.i.' _; _LLfl SEP 1 j 2003 Re: Verona Subdivision No.2 (Final Plat) File No. FP-03-0S0 CHIf Of rv1erlclian City Clerk OffiCE; Dear Mayor and Council: We have reviewed staff comments for the hearing date of September 16, 2003, and have the following responses. CONDITIONS OF APPROVAL I. The applicant will meet all terms of the approved prelimin'ary plat, planned development, and developmeIit agreement. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The plat will be revised to show the permanent shared access easements. 8. The applicant will add/revise the plat notes. 9. The face of the plat will be signed and dated by a professional land surveyor. 10. The 30' McMullen Lateral easement will be graphically depicted on the face ofthe plat. C:IDocumen~ and Scttmgs~ollths.MERlDlANCrrmocal sei:A;b:eit F~B,:eci.10;" Mayor and City Council September 11, 2003 Page 2 11. The landscape plan will be revised to show detached sidewalks on N. Tern Mile Road and W. McMillan Road. 12. The applicant's representative will address tree mitigation at the City Council meeting. 13. The applicant will comply. 14: The applicant will comply. 15. The applicant will comply. 16. The recording information of Verona Subdivision No.1 will be added to the situate statement of the legal description of the Certificate of Owners. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply, 20. The applicant will comply. 21. Understood. 22. The final plat will be revised accordingly. 23. The final plat will be revised accordingly. 24. The final plat will be revised accordingly. We believe this letter addresses' "all .of your concerns. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay Partner BM:ss cc: Mr. Frank Varriale C,~o"mm',," S_~_tMMERIDL<NCITY\l=' Sid: ;;;r:i;;"i:o~ g. ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CAPITOL DEVELOPMENT, INC. FOR APPROVAL OF 38 BUILDING LOTS AND 2 OTHER LOT ON 9.28 ACRES IN AN R-8 ZONE FOR BALDWIN PARK SUBDIVISION NO.7, LOCATED NORTH OF WEST USTICK ROAD AND EAST OF NORTH LINDER ROAD, MERIDIAN, IDAHO C/C 09/16/03 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-051 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on September 16,2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: September 16,2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF BALDWIN PARK SUBDIVISION NO. 7", A PORTION OF THE NW 14 OF SECTION 36, TAN., R.l W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, SHEET 1 OF 2, 30512-PLT.DWG MEM 9/18/03, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / CFP-03-05l) Page 1 of 5 DATE: 9/18/03, STAMPED: RECEIVED SEP 262003 CITY OF MERIDIAN CITY CLERK OFFICE, CAPTlAL DEVELOPMENT, INC. - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Capitol Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff conunents as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated: Hearing Date: September 16,2003, listing 22 SITE SPECIFIC REQUIREMENTS and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the Clerk's office has on file the response fax from Steve Arnold of Briggs Engineering, Inc. dated 9/1612003, and the additional requirements from the action of the Council taken at their September 16,2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: 1, One and two family dwellings will require a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 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 which will be submitted to the Public Works Department. All curbing in front offire hydrants shall be painted red for 10' on each side ofthe installation, 4. All roads shall have a turning radius 0[28' inside and 48' outside. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-051) Page 2 of5 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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. 7. The fire department requests that any future signalization installed as the result ofthe development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 12 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Healtll and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain CUlTent best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation, Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT I (FP-03-051) Page 3 of5 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed aneIJor the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT I (FP-03-051) Page 4 of5 By action of the City Council at its regular meeting held on the 1 LP ~ day of 3ep-~~ ,2003. ~ y: E Attest: de wu-v(' I ti~ C()~freJ/d(Jvt William G. Berg, Jr.; B 2 .... ~ Q~ ,c, 0 ::: ~ (:) '&r 1s1 . ~;- ~/ ~ 0: ~~ . ..." Copy served upon Applicant, the Plmiffi,nQCMillr~nik'})~partment; Public Works Department, -ry'PtIIiIJ f '11\\\\ and City Attorney. II, By~~~~9- Dated: lo-7-() 3 Z:\Work\M\Mcridian\Mcridian ] 5360M\Baldwin Park No.7 FP-03-Q5J\OrderFP.doc ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT I (FP-03-051) Page 5 of5 MA YOR Robert D. Come HUB OF TREASURE VALLEY A Good Place to Live C-l CJ Stirt . 'G ,2ov3 l\J~ <... ,,: ~T~"'\'V'L rlu. I) C[TY COUNCIL MEMBERS William L.M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433. FAX (208) 887-48[3 City Clerk Office Fax (208) 888-4218 . ll) \ II . . _ , +- l ~~"i ",. 1.1~ r L,\"'t..'\.I.'<.;..., \"'D vf 1 \.. ~.C'-v~" - 1 '" - -H --:: - I vz.ot. it tQt;:.. STAFF REPORT: City Council Date: September 16, 2003 To: Mayor & City Council <'II/. Sonya Allen, Planner I J .c::::# Bruce Freckleton, Engineering Tech III ~ ~~:) ~[?l ~'~~~1 t~-1 ~q."'~ 7~[;11--~') 8 ~ iPJ;J lA" ~ f~1 liL?J !} ;:L .,-.:).JL.......:J "'_L__ ...:..'...._..1,..j", t ....~_j .._.~_....r From: t:~p i 1 (lflO') ,,~.J -... ~ t ~ (,.,'.j ..J Re: Baldwin Park Subdivision No.7 (\"h.r Oflvleriruar: ,r~t;v' j'ley17 O'lCl:!:CI~ ......_!.Iv '1.-h. '" 'T" lIt c,./ · Request for Final Plat approval of Thirty-Eight (38) Single-Family Residential Building Lots and Two (2) Other Lots on 9.28 Acres in an R-8 Zone, by Capitol Development (File No. FP-03-051). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the seventh phase of the Baldwin Park Subdivision, located on the east side of Linder Road, approximately 1/2 mile south of McMillan Road. This phase of the subdivision includes 38 single family residential building lots and 2 conunon lots. The gross density of Phase No.7 is approximately 4.09 dwelling units/acre. The subdivision is located in an R-8 zone. The minimum house size within the subdivision is 1,301 square feet, not including the. garage area. With the exception of Lot 50, Block 12 (lot lines needs to be shifted to meet minimum street frontage requirements), the proposed subdivision plat meets the requirements of the R-8 zone. As a condition of approval for Phase 5, the applicant was 'required to submit a complete revised preliminary plat application prior to signature on the fInal plat for that phase. A revised layout plan showing the previously approved/future phases of Baldwin Park Subdivision was submitted with Phase 5. The fmal plat submitted for Phase 6 included 3 additional lots than was approved on the original preliminary plat for that phase, but did match what was proposed on the revised layout plan. Phase 7 has 2 additional lots than was approved in the preliminary plat, but also matches the revised layout plan. Additional lots were also added on previously approved phases of Baldwin Park Subdivision. As a result, a new revised preliminary plat application will have to be approved before the final phase can be submitted. The total number of lots carmot exceed the number approved on the preliminary plat for this subdivision. Submission of a revised preliminary plat applicaticm is required before signature on the fmal FP-03-051 Baldwin Park Sub No.7 EM.: 6;1 -If t, I 01 S" ,. 1. Mayor and Council Hearing Date: September 16, 2003 Page 2 plats for Phases 6 & 7. Staff recommends approval of this phase of Baldwin Park Subdivision with the comments and conditions stated in this report. We have allowed this subdivision to proceed as such because originally we were under the understanding that the lot count would equal out at the end to the approved amount of lots. However, staff would not recommend following this procedure in the future, so far as accepting final plat applications that do not follow the approved preliminary plat. If an applicant adds a lot or lots in a phase that are beyond what was approved for the preliminary plat within the phase boundaries, we will ask for a revised layout of the entire property that is consistent with the approved number of lots. The Administrator will then make a determination as to whether the revised layout is in substantial compliance with the approved preliminary plat. This does not mean that an applicant will be prohibited from expanding phase boundaries to accommodate market demand. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-OI-024) and Development Agreement (Instrument No. 102083000). 2. The pressurized irrigation system within this development is to be owned and maintained privately by the Baldwin Park Subdivision Homeowner's Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in plac~, water system shall be approved and activated, pressurized irrigation system apptoved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pre~surized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Fencing adjacent to micropaths shall be installed per MCC l2-13-l5~9. Fencing within 20' of the right-of-way shall be reduced to 3' in height. Per Preliminary Plat (PP-OI-024) condition #61, all drainage within the micropath (and pathway amenity) lots shall be maintained within the 7 Y2. foot area on either side of the 5- foot hard surface path and not drained to the fence line. A minimum three (3) foot wide separation between the hard surface path and adjacent building lots shall be maintained. FP-03-051 Baldwin Park Sub No.7 5. lWt;b;I"""" fJfS- Mayor and Council Hearing Date: September 16, 2003 Page 3 6. The Landscape PIau dated 8-4-03 (L-l & L-2) by The Land Group, Inc. is approved as submitted. 7. Shift the lot lines between Lots 49 & 50, Block 12 on the plat to allow for the 40' minimum street frontage, as measured on the chord, for a cul-de-sac lot on Lot 50. 8. Modify or add the following plat notes in the manner noted below: . Revise numbering in Notes section (goes from 3 to 5). (9.) Revise to read: No building permits shall be issued on any lots in this subdivision until the provisions of the recorded Development Agreement Instrument No. 10208300Q have been fulfilled... (13.) Setbacks - Revise interior side toX single story & 10' t'NO story (ordinance has changed). (15.) Revise spelling ofirrigalion. (16.) Add note: The pressurized irrigation system within this development is owned & maintained byrthy Baldwin Park Homeowners Association. 9. Sanitary sewer service to this site shall be via the White Drain Trunk. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 10. Municipal water service to this site shall be via main line extensions from mains installed in previous phases. Applicant will be responsible to construct the water mains to and through this proposed development. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees; as determined during the plan review process, prior to signature on the final plat pet Resolution 02-374. 13. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 14. Prior to signature on the final plat for this phase, applicant must submit a complete revised preliminary plat application to the City of Meridian Planning & Zoning Department. 15. Delete the "Fence Height Restriction Area" symbol from the plat and legend. Change note 14 to be more descriptive. 16. Add 12 right-of-way dimensions across the east end of W. Great Basin Drive along the FP-03-05 I Bald win Park Sub No. 7 EJc.,h :1,;4 If A" 3 oP S' Mayor and Council Hearing Date: September 16, 2003 Page 4 subdivision boundary. 17. Add label for the NW Corner of the SW4, NW4 to the face of the plat. 18. Provide a blow-up detail of the area around the SE comer of Lot 2, Block 13. Provide dimensions and proper symbol showing existing W'diameter pin. 19. Revise pin symbol to a 5/8" diameter pin for the NE corner of Lot 6, Block 13, and the NE corner of Lot 32, Block 12. 20. The sum of the lot dimension segments don't equal the outside boundary dimension along Lots 33 & 34, and 31 & 32. 21. Correct the situate statement of the legal description of the Certificate of Owner's to read: . ..Section 36, Township 4 North, Range 1 Bast: West... 22. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral us'ers association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service p~r City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purp\?ses such .as landscape irrigation. 3. One-Hundred watt (1 OOw), ~gh-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. Street light contractor shall obtain design and permit approval from the Public Works Department prior to commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making services available for adjacent properties. FP-03-051 Baldwin Park Sub No.7 &,.iA,"# "A" '" eJ S Mayor and Council Hearing Date: September 16, 2003 Page 5 6. 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. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. RECOMMENDATION Staff recommends approval of Baldwin Park Subdivision No.7 with the above stated comments and conditions. The applicant will need to submit a complete revised preliminary plat application prior to signature on the final plat for Phases 5, 6, & 7. No future phases of Baldwin Park Subdivision will be accepted until a revised preliminary plat is approved. FP.03-05l Baldwin Park Sub No.7 E.~:"'* itA It 5 DrS- ** TX CONFI(. :ION REPORT ** ( AS OF SEP 10'03 0121:58 PAGE. 01 CITY OF MERIDIAN 31 32 DATE TIME TO/FROM 1219/1121 121121:57 PUBLIC WORKS 09/1121 0121:58 8841159 MODE EC--S EC--S MIWSEC PGS 0121'25" 001 0121'24" 1211211 CMDl:l STATUS 243 OK 243 OK fleQ5e. f/oJ I- j;ry ! tt... U' ? ;U~h~ r lJ.. .1......... - " . jJ<-~. ~ P /" (;!TV 01'" I~~ '" "-/Vl erid/an"" 'J.~' "\, ~ IDr\HO j;'.J ~ ~. . .& .. "'--- .--/ .. 'f1,,,~<\"'..::t...~--Y""1I ,t'')~ / A.j(."yl,;tL S MAYOR Raben D. Come LEGAL DePARTMENT (208) 288-2499 . Fa~ 288-2501 PARKS 8: RECREATION (208 888.)579 - Fax 898-550 I l'UllUC WORKS (Z08) 89a.5500 -Fax 881-1291 BUILDING DEPARTMENT (208) 887.22J I . 1>l;l; 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNClL MEMBERS Tammy deWe~'rd WilIi31l\ L. M. NiIIY Cherie McC:mdless l<e.ilh Bird NOTICE OF PUBLIC AWARENESS MERtDIAN CITY COUNCIL NOTICE OF AWARENESS IS HEREBY GIVEN that the City Council of the City of Meridian will tour Meridian Parks System on Wednesday, September 10, 2003 at 6:00 P.M. The Mayor and City Council (if there is a quorum) will meet at the Meridian Settlers Park located at the corner of North Meridian Road and West Ustick Road with members of the Parks and Recreatlon Commission. This is not a meeting or workshop nor is there an agenda. The public is welcome to inquire about the tour by contacting the Meridian Parks Department at 888-3579. JI~~ DATED this 9th day of September, 2003. 33 EAST lDAHO . MERIDIAN, IDAHO 63642 (208) 888 -4433 . Fax (208) 887-4813 . City Clerk Office Pux (200) 888-4218 . Human Rcsource5 Fax (208) 884.8723 /JI Alo h ?z r eq5e poJI- b ?tuUI'C , 1A-Jl/~h- s MAYOR Robert D. Corrie )" (:;;~G;;di~f/~l; IDAHO CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird .....,\,-..:;, '" \' V II L'/ / ql"CE 11903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208 888-3579 - Fax 898-550] PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BU]LDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 NOTICE OF PUBLIC AWARENESS MERIDIAN CITY COUNCIL NOTICE OF AWARENESS IS HEREBY GIVEN that the City Council of the City of Meridian will tour Meridian Parks System on Wednesday, September 10,2003 at 6:00 P.M. The Mayor and City Council (if there is a quorum) will meet at the Meridian Settlers Park located at the corner of North Meridian Road and West Ustick Road with members of the Parks and Recreation Commission. This is not a meeting or workshop nor is there an agenda. The public is welcome to inquire about the tour by contacting the Meridian Parks Department at 888-3579. Jld4~~ 11\\\11 II fJ//J, \\\\ M IIII ...,,\. of,ER11"' IIII " ...:, ....~ "... ,,' ,'" .VI. ~ ~... (j o?-POR.<1r. 'V ~ 2 .-..0 ('0 ~ :: ~- DATED this 9th day of September, 2003. SEAL 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 *'" TX CON~ ITlON REPORT ** ( ! AS OF SEP 10'03 01:03 PAGE. 01 CITY OF MERIDIAN 01 02 03 04 05 DATE TI ME TO/FROM 09/10 00:58 2088840744 09/10 01: 00 2088467366 0Sl/10 01: 01 8985501 09/10 01:02 2088886854 09/10 01:03 208 895 0390 MODE EC--S EC--S EC--S EC--S EC--S MIWSEC PGS 00'25" 001 00'25" 001 00'24" 001 00'24" 001 00' 24" 001 CMDi:t 243 243 243 243 243 STATUS OK OK OK OK OK fletl5e MAYOR Robert D. Corrie f/oJ -I- ffy !tr....UC AJph ~ ~ .'!, r':' .~r~~, , -, <%,.~ r-..... ~ r '~ITV 01' N:L. . "-/VI dnditfn~"'Y; "'\, ~IDAHO LY .. .?,.(/ <'~ft.>:'"l.CU1-1~ /A~I?-.s CI'l'Y COUNCIL MEMBERS Tromny deWeerd Willbm L. M. NilI)' Cherie McC3Ildless Keith Blrd LEGAl.. DEPARTMENT (208) 288.2499' Fa); 288-2501 PARKS &: RECIlEATION (208 888.3579 . rax 891'.-550 I rValle WORKS (208) 898-5500 'Pax 881.l297 BUtLDING DEPARTMENT (208) 881.2211 . F~); 887-1291 PLANNJ.\1G AND ZONING (208) 884-5533 . rax 888-6854 NOTICE OF PUBLIC AWARENESS MERIDIAN CITY COUNCIL NOTICE OF AWARENESS IS HEREBY GIVEN that the City Council of the City of Meridian will tour Meridian Parks System on Wednesday, September 10,2003 at 6:00 P.M. The Mayor and City Council (ifthere is a quorum) will meet at the Meridian Settlers Park located at the corner of North Meridian Road and West Ustick Road with members of the Parks and Recreation Commission. This is not a meeting or workshop nor is there an agenda. The public is welcome to inquire about the tour by contacting the Meridian Parks Department at 888-3579. JI~~ DATED this 9th day of September, 2003. 33 EAST IDAHO. :MJ;RIDlAN, IDAHO 83642 (208) 888.4433 . Fax (208) 8874&13 . City Clerk Office Fm: (208) 888-4218 . Humatl Resources Fax (208) 884-8723 MAYOR Robert D. Corrie .,;k i<{j .~ ...., 'l,.t:.! c cM;;;dl;~~'1:; , \ IDAHO ~ /J /" QI"'''"' . 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208888-3579. Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PUBLIC AWARENESS MERIDIAN CITY COUNCIL NOTICE OF AWARENESS IS HEREBY GIVEN that the City Council of the City of Meridian will tour Meridian Parks System on Wednesday, September 10,2003 at 6:00 P.M. The Mayor and City Council (if there is a quorum) will meet at the Meridian Settlers Park located at the corner of North Meridian Road and West Ustick Road with members of the Parks and Recreation Commission. This is not a meeting or workshop nor is there an agenda. The public is welcome to inquire about the tour by contacting the Meridian Parks Department at 888-3579. .JId4~A SEAl.! DATED this 9th day of September, 2003. f} WILLIAM G. BERG, JR. - CITY m.~ {~'"' ,CD.f? ~ ~.-;- 0 -......: 0, r- 1 S"\ . ~;- "/ -9 "", ,'" /...... a.... I' ,-c".-f W "" //11 "";~J~~ ~ 1 ~ \'.\ I/j." . '\'L\\ "l...lj d;;\ !~~ 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723