HomeMy WebLinkAbout2004-06-08
CITY OF MERIDIAN
PRE.COUNCIL MEETING
AGENDA
Tuesday, June 8, 2004 at 6:00 p.m.
City Council Chambers
1. RolI.call Attendance:
L Shaun Wardle )( Bill Nary
I Charlie Rountree ~ Keith Bird
K MayorTammydeWeero
2. Adoption of the Agenda: atprov< as rev/icd...
3.
Discussion of Open BuminQ Amended Ordinance:
(*10 minutes) C~htd-- d/.fi:;us.r/~-Tt> 6-/5-Pt/- pn'-CCf.,Vf>..a.-U
4.
Discussion of Fireworks Amended Ordinance: .t/-
(*10 minutes) j2Raa (Tn c/c Cl.ljCn..dcl. ..fi-r b-/~-O
~Every is minutes Tape: ~;1"'1 repLcu:.ecf.- E>c~c.u-h~ Jer,r/(t1<.J
(* 20 minutes) 67 -'11.-3 .,~{tJ(A)
/UJ dec/J'IChJ
6~~
'S~%
Valley Ride - Kelly Fairless:
(*20 minutes) p-r.eJe..d.u(.,
1< Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - June 8, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andfor hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
~O /C1TYOF ~-c'
L/Vlerzdian'
MAYOR
Tammy de Weerd
NOTICE OF PRE~COUNCIL MEETING
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Charles M. Rountree
Shaun Wardle
MERIDIAN CITY COUNCIL
NOTICE lS HEREBY GIVEN that the City Council of the City of
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234/ fax 895-0390
Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho,
Meridian, Idaho, on Tuesday, June 8, 2004 at 6:00 P.M. The Meridian
Parks & Recreation
11 E. Bower Street
888-3579/ fax 898-5501
City Council will be discussing agenda items which are on the regular
Planning & Zoning
660 E. Watertower Lane
Suite 202
884-5533/ fax 888-6854
scheduled City Council meeting as well as the following issues:
Discussion of Open Burning Amended Ordinance
Police
1401 E. Walertower Lime
888-6678/ fax 846-7366
- Discussion of Fireworks Amended Ordinance
Every 15 minutes Tape
Public Works
660 E. Watertower Lane
Suite 200
898-5500/ fax 898-9551
- Presentation from Kelly Fairless with Valley Ride
The public is welcome to attend the meeting.
- Sewer (WWTP)
3401 N. Ten Mile Road
888-2191/ fax 884-0744
DATED this 4th of June, 2004.
Jf~fr
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Water
2235 N. W. 8th Street
888-5242/ fax 884-1159
CITY HALL 33 EAST IDA 1-1 0 AVENUE MERIDIAN, IDAI-IO 83642 (208) 888-4433
CITY CLEHK-E\X 888.42]8 I-IUL\N REsounCES-FAX 884-8723 FINANCE 11< UTILITY BILLlNG-E\X 887.4813 ~IAYOH'S OFFICE-E\X 884.8119
(
830 North Main Street
Suite 230
Meridian, 10 83642
Tel: (208) 846-8547
Fax: (208) 846-8564
www.valJeyride.org
5/24/2004
RECEIVED
JUN - B 2004
CITY OF MERIDIAN
ATTN: WILL BERG/CITY COUNCIL
33 EAST IDAHO
City of Meridian
City Clerk Offif:f
MERIDIAN
ID 83642
The ValleyRide Board approved the preliminary budget and dues requests for our member
agencies at the May 19, 2004 meeting. Below are the requested dues and local contributions
for services, if applicable for your agency.
Please contact Randy Kyrias at 336-1019, ext 4112 if you have any questions about your
request Linda Ihli will be contacting someone from your agency to schedule a time. for Kelli
Fairless to meet with your organization to discuss the request.
Thank you for your continued support of Valley Ride.
Population Based Dues:
Negotiated Dues:
$28,614.00 V'.
$0.00
Sil5/?O
13//01
Fixed Line/Demand Response Service (Nampa UZA):
$42,509.00
$0.00
$0.00
Small Express Service (Nampa UZA):
Large Express Service (Nampa UZA):
14; 6 or
Total FY05 Request:
$71,123.00
~
Randy K yrias
Deputy Director
34
(
ValleyRide Funding Summary
Fiscal Year 2005
Administrative Dues
Nampa UZA Services
County: Ada
CITY OF BOISE 160 City SO.60 200,062 S12o,037 $0 $0 $8,521 SO
CITY OF EAGLE 116 City SO.60 16,418 $9,851 $0 $0 SO SO
CITY OF KUNA 147 City $0.60 9,696 $5,818 $0 $0 $0 SO.
CITY OF MERIDIAN 34 City SO.60 47,690 $28,614 $0 $3 1,500 $13,109 $0
CITY OF STAR 119 City SO.60 2,552 $1,531 $0 $0 $0 SO
GARDEN CITY 48 City $0.60 11,675 $7,005 $0 $0 SO SO
288,093 $172,856 $0 $31,500 $21,630 $0
ADA COUNTY COMMISSION 2 County $0.60 58,118 S34,871 $0 $0 $8,521 SO
58, 118 $34,871 $0 $0 $8,521 SO
Ada Coullty Subtotal:
County: Canyon
CITY OF CALDWELL 115 City $0.60 33,059 $19,835 SO $0 $8,521 $6 I ,832
CITY OF GREENLEAF 146 City $0.60 825 S495 $0 $0 $0 SO
CITY OF MELBA 117 City $0.60 476 $286 SO $0 $0 SO
CITY OF NAMPA 110 City SO.60 67,401 $40,441 $0 S46,710 $13,109 S120,315
CITY OF NOTUS 151 City $0.60 470 $282 $0 $0 $0 SO
CITY OF PARMA 118 City $0.60 1,838 $1,103 SO $0 $0 $0
CITY OF WILDER 150 City $0.60 1,404 $842 $0 SO $0 SO
MIDDLETON CITY COUNCIL 70 City $0.60 3,835 S2,301 $0 $0 SO SO
109,308 S65,585 $0 $46,710 $21,630 $182,147
CANYON COUNTY 113 County SO.60 50,223 $30,134 $0 SO $8,521 SO
50,223 $30,134 $0 $0 $8,521 $0
Callyolf COUllty Subtotal:
Popula(i(J11 Fommlu Based-~003 Estimates Subtotal:
.. .
County: Ada
ADA COUNTY HIGHWAY DISTRICT 112 $0.00 0 $0 $1,575 SO SO SO
BOISE STATE UNIVERSITY 129 SO.OO 0 SO $2,575 $0 SO SO
CAPIT AL CITY DEVELOPMENT CORP 32 SO.OO 0 SO $22,500 SO SO $0
0 SO $26,650 $0 SO SO
Ada
County: Canyon
CANYON COUNTY HWY DISTRICT #4 114 $0.00 0 $0 $361 $0 $0 SO
GOLDEN GATE HWY DISTRICT #3 141 $0.00 0 $0 S361 $0 SO $0
NAMP A HWY DISTRICT #1 139 SO.OO 0 $0 $361 $0 SO $0
NOTUSIPARMA HWY DISTRICT #2 140 SO.OO 0 $0 $361 $0 SO SO
0 $0 $1,444 SO SO SO
CanyoII COUllty Subtotal:
Special Members - Negoriated Dues Subto/al:
Total Admin. Dues: $331,539 Totill VZA DIles: $320,659
Mal/day, .I/llIe 07, 2004 5: 11 PM DUES 100
~
May 27, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 1,2004
ITEM NO.
REQUEST Valley Ride - Kelly Fairless
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:
rY
~1{!~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
830 North Main Street
Suite 230
Meridian, ID 83642
Tet; (208) 846-8547
Fax: (208) 846-8564
www.valleyride.org
5/24/2004
RECEIVED
JUN - 8 2004
CITY OF MERIDIAN
ATTN: WILL BERG/CITY COUNCIL
33 EAST IDAHO
City of Meridian
City Clerk OHin
MERIDIAN
ill 83642
The ValleyRide Board approved the preliminary budget and dues requests for our member
agencies at the May 19,2004 meeting. Below are the requested dues and local contributions
for services, if applicable for your agency.
Please contact Randy Kyrias at 336-1019, ext 4112 if you have any questions about your
request. Linda Ihli will be contacting someone from your agency to schedule a time for Kelli
Fairless to meet with your organization to discuss the request.
Thank you for your continued support of Valley Ride.
Fixed Line/Demand Response Service (Nampa UZA):
$28,614.00
$0.00
$42,509.00
$0.00
$0.00
Population Based Dues:
Negotiated Dues:
Small Express Service (Nampa UZA):
Large Express Service (Nampa UZA):
Total FY05 Request:
$71,123.00
~
Randy Kyrias
Deputy Director
34
(
<.
May 27, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 1, 2004
ITEM NO. 5
EX.e~hve.-.- J2JSV~
61-- ]'34/s (I )(Jr)
REQUEST -bery I b mInutes lOpe
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 publlc meeflngs shall become property of the City or Meridian.
July 2,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
July 6,2004
ITEM NO.
REQUEST Approve minutes of June 8, 200r Pre-Council Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FI RE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~vV
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publJc meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
PREMCOUNCIL MEETING
AGENDA
Tuesday, June 8, 2004 at 6:00 p.m.
City Council Chambers
1. RolIMcall Attendance:
X Shaun Wardle X Bill Nary
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Adoption of the Agenda: Approve
3. Discussion of Open Burnina Amended Ordinance: Discussed I Put
on City Council Agenda
(*10 minutes)
4. Discussion of Fireworks Amended Ordinance: Put on City Council
Agenda
(*10 minutes)
5. Every 15 minutes Tape: Watched
(* 20 minutes)
6. Valley Ride - Kelly Fairless: Presented
(*20 minutes)
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - June 8. 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
- Meridian City Pre-Council Meetina
June 8. 2004
The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on
Tuesday, June 8, 2004 by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle
and Charlie Rountree.
Staff Present: Gary Smith, Brad Watson, Bill Nichols, John Overton and Will
Berg.
Item 1.
Roll-call Attendance:
X Bill Nary
X Shaun Wardle
X Keith Bird
X Charlie Rountree
Mayor Tammy de Weerd
X
Item 2.
Adoption of the Agenda:
Bird: Mr. President.
Nary: Mr. Bird.
Bird: We need to change the agenda seeing how the tape isn't working on every
15 minutes and Mayor has requested that we go into Executive Session as per
Idaho State Code 67-2345(1 )(a). We will make that item five still and if Kelly
Fairless gets here before it's time to go in then we will put six and move this to
five if that's okay with the Council. With that, I'd move that we approve the
agenda as revised.
Rountree: Second.
Nary: It's been moved and seconded to adopt the agenda as revised. All those
in favor, say aye.
ALL AYES. MOTION CARRIED.
Item 3.
Discussion of Open Burnina Amended Ordinance:
Nary: Chief, I don't know do you just want to go ahead and talk about both that
and the Fireworks Amended Ordinance at the same time. Talk about Item 3 and
4.
Meridian City Pre-Council Meeting
June 8, 2004
Page 2 of 1 7
- Bowers: Yeah, okay. Mr. President, City Council and Mayor. Basically this is a
new ordinance that DEQ came out with. Several years ago they come up with
the five levels of concentration: the good; the moderate; the unhealthy; very
unhealthy; and hazardous. That was very confusing for different .counties,
different cities to go by, so the DEQ and I believe COMPASS as Bill Nichols was
saying, got together and green, yellow - they go by colors now. There is only
three colors. So, Bill received this information from COMPASS. We had been
discussing this many months ago and basically just a few changes in it as you
could tell. The Fire Department, the Chief, the Fire Marshall a law enforcement
officer to enforce this ordinance. Is there anything else, Bill Nichols that we need
to add to this?
Nichols: Mr. President.
Nary: Mr. Nichols.
Nichols: Madame Mayor and members of the Council COMPASS asked that
Meridian update it's air quality ordinance and so we got some material from
COMPASS to coordinate our ordinance with the Idaho Department of
Environmental Quality rules and Chris Gabbert in our office worked on this and
come up with a draft, which he also provided to COMPASS for comment and it
was approved by them. It's essentially a cleanup of the existing ordinance to tie
in with how things are done with regard to a burn ban and it allows within the City
limits those enforcement officers to be able to ask or tell someone that they need
to stop their burning or whatever it might be because of the particular levels,
etcetera. So, it's mostly a cleanup and just to tie in it to what's actually being
done at the state level.
Bowers: Thank you, Bill.
Nary: Council is there any questions?
Bird: Mr. President.
Nary: Mr. Bird.
Bird: As we all did I am sure, got an email from Mr. Crane regarding this.
Charles Crane.
De Weerd: No.
Bird: Maybe I was the only one.
De Weerd: You are the lucky one.
Meridian City Pre-Council Meeting
June 8, 2004
Page 3 of 17
- Bird: I don't think this affects him at all. I do have one question. Who will call
the - will it be the DEQ that calls the air quality and tells us whether it's a burn
ban or what it is. Or will it stay the same as it is now?
Bowers: To my knowledge, Councilman Bird, yes. We will receive a warning
from DEQ or - well, we receive papelWork from them everyday saying if it's good
or bad, so, yes.
Bird: So, it continues that way?
Bowers: Yes, from what I understand. There is no changes in that.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: And too this is just to bring us inline and consistent, not only with
what the state is looking at, but with the rest of the ordinances countywide - or
valley-wide.
Nary: Chief, in looking at this ordinance the question I had is in the air-pollution
alert, I think was Mr. Bird's question - it looks like it's 5-3-5(b) - it says it is the
DEQ that issues the air quality index alert that reaches 74 or higher is what kicks
in the requirements of this. But, there isn't any provision in here - at least I didn't
notice a revision in here that talks about how do we notify the public of that?
Because we are going to basically - and I know it's just an amended ordinance,
but we are essentially criminalizing behavior based upon information from DEQ.
So, I guess I wasn't sure whether or not it was necessary in the ordinance or
recommended by COMPASS that we put information in here so how would we
notify people of that - that type of thing before we just cited them for-
Bowers: That's a very good question. I am not really sure if Bill Nichols could
answer that or not. They do change daily their message on the phones, but you
would have to know the telephone number. Several times last year when it got
real bad or even the first of this year when it got bad it did come out at the news
at night time on the news channels 6, 7 and 12 and 2 basically did announce it. I
heard it a couple of times and also then it did come out in the paper, the Valley
Times and also the Statesman. How we would get to the people that day that
might be a little difficult, I don't know.
Nichols: Madame Mayor, Mr. President.
Nary: Mr. Nichols.
Nichols: Yet under sub-paragraph "e" in that same section 5-3-5 it places on the
permit holder or the person that is operating this solid fuel appliance - whoever is
Meridian City Pre-Council Meeting
June 8, 2004
Page 4 of 1 7
doing the burning to be aware of what the air quality index and stagnation
forecast and so forth are. That's the policy that is here. It's basically, if you are
going to burn wood to heat your home with, if you are going to burn you get a
permit to burn, agricultural waste or whatever it is you have to know "what the
level is each day. As Fire Chief noted when those unhealthy air designations go
out that the news media are pretty good about getting those out on the air. Most
of the weather people include that as part of their weather forecast information
what the level is. If there is anything additional you want to put in here, we could
sure look at doing that, but this is the way it is now.
Bowers: Mr. President.
Nary: Chief.
Bowers: Whenever anybody comes in and gets a burn permit from us, we hand
them a form that tells them what telephone number and it says right on it - it
states right on it before you burn, you need to call this number. How many
people do? I don't know, I can't tell you that but we do hand out a piece of paper
with our burn permits.
Nary: Just so I am clear. I am not trying to belabor the point on this, but this
applies - I mean, I agree I think the people have a permit, you can give them
notice, but the responsibilities are the people that have a continuing operation -
do the same thing through education and I guess whether it needs to be part of
the ordinance or whether it needs to be just part of a protocol or what the
notification is because this applies to people burning their fireplace, didn't it?
People that are wood burning?
Bowers: No. This is basically -
Nary: Okay so it's just the permits and just the people that have a continuing
operation?
Bowers: Yes.
Nary: Okay. So, we could provide them notice up front?
Nichols: Well, Mr. President.
Nary: Yes, Mr. Nichols.
Nichols: I am not sure whether we can say that it doesn't apply to that. If you
look at the definitions -
Nary: Well, I saw fireplaces in the one you pointed out that's why I asked
because those would be the ones that I would be the most concerned with
Meridian City Pre-Council Meeting
June 8, 2004
Page 5 of 17
- because, you know, notice to them is more generalized, so again, whether it
needed to be in the ordinance or whether it needed to be at least in some way to
educate the public that when there is a burn ban this is how it applies to you and
when they do (inaudible) sometimes through PSA's on TV, but I just haven't seen
the word fireplaces in (inaudible) and that was why I asked if it applied to people
that had a home fireplace.
Rountree: Mr. President.
Nary: Mr. Rountree.
Rountree: That's real confusing to me. Under 5-2-4, prohibition against open
burning that has two paragraphs "a" and "b". The first one says you aren't going
to have an outdoor fire of any kind. The next one talks about you are not going
to have a fire of any kind and in it it says there is an exception for this under
Section 5-2 - and I am not sure, myoid eyes can't make out that next number.
It's either a five or a six. If it's a 5-2-5 there is no section 5-2-5. And if it's a 5-2-6
you jump from you can't have an outdoor fire to permits, which leads to my final
comment. This day and age I see no reason why in an urban environment,
outdoor, open burning should be permitted under any circumstance. If
something needs to be gotten rid of, we have a service in town that if need be
they will come and haul it away for you. I have a hard time thinking why we
would need to even allow open burning.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I guess I would agree to a certain extent, but being how I was in the
city and I had a ditch that ran behind my house and I liked to burn it to keep the
weeds down and the ditch was in the city as well - that's - I know a lot of people
and farmers included they will burn those ditches to keep the weeds down and
that's the only thing -
Rountree: They have weed whackers now.
Bowers: Mr. President.
Nary: Chief.
De Weerd: (Inaudible) what are those weeds called, I don't know?
Nary: Chief before you respond, I would note Councilmember Rountree that I
think the reason 5-2-5 isn't here is because it's not being amended. That's the
reason it's not in this draft because this is merely an amended section of the
code. So, there is a 5-2-5 it's just not been amended so that's why that reference
Meridian City Pre-Council Meeting
June 8, 2004
Page 6 of 17
- is okay. But, I would agree with it and then Chief maybe you can respond
because it does say in "a" you may not have an outdoor fire of any kind for any
purpose and then in "b" it says well you can get a burn permit - you can't use
your burn permit and some of the things that you can get a burn permit for is an
outside fire. So, it seems contradictory at least -
Nichols: Mr. President.
Nary: Mr. Nichols.
Nichols: You have to look at the part that is underlined just ahead of that. It
says, (inaudible) is allowed under 5-2-5, no one can have an outdoor fire and
then it says no burning permit holder shall (inaudible) and so forth subject to 5-2-
5.
Rountree: So, what does 5-2-5 say?
Nichols: Well, I will look real quick.
Bird: You have to go into your city code (inaudible).
Nary: Yeah, I happen to have it pulled up here and that is fire's allowed with a
permit that's the exceptions and it has agricultural burning, irrigation ditches and
fence rows, fires used for control or early (inaudible) fire hazard or for weed
control when no alternative control method exists. Fires used in training of
organized firefighting personnel, special fires are allowed with discretion to the
Fire Chief; fires that are allowed without a permit or use for the preparation of
food and camp fires under the control of a responsible person. I am assuming
that is for a barbeque.
Rountree: Yeah, barbeque.
Nary: Thank you, Mr. Nichols for pointing that out. So, Chief now that we cut
you off about three times (inaudible) -
Bowers: That's okay that's basically what I was going to say. We do allow weed
burning on irrigation ditches in the City. That is the only thing we do allow in the
City to be burnt and that's through the summertime. Now, wintertime, once we
are off the weather gets very cold we do allow warming fires for their tools.
Sometimes that gets a little out of hand so we have to shut that off, too,
sometimes. Their little warming fires turn out to be as big as a house.
De Weerd: Farm fires.
Bowers: Ceremonial fires, we do allow even without permits there is somebody
called today and they are going to do a pig, you know bake a pig in his backyard.
Meridian City Pre-Council Meeting
June 8, 2004
Page 7 of 17
Stuff like that, you know, but anything else, wood, tires, trash we do not give any
permits for that at all.
Nary: Chief, I guess we kind of talked around this a little bit on the issue of
fireplaces and looking again at these things that defines fireplace in the code and
it sounds like it in your house fireplace, but the rest of this stuff talks about - it
seems like outside burning and then there is that revision that talks about
fireplaces as whether or not it's permitted during that. I mean I think we can
educate the folks, but are we - is there some contradictory information that
maybe I am just not (inaudible) out of it about whether we are trying to address
outside burning and not people's in-home fireplaces or are we trying to address
both?
Bowers: Mr. President when COMPASS started this, if you remember you might
have seen some commercials of no burning of burn barrels. You have seen that
a few times?
Nary: Sure.
Bowers: That was the start of it, but now the next thing is to go to this as the air
quality. Now, I believe and Will Berg possibly Bill Nichols can help me. I think
we do have an ordinance for burning in the home because if they have to have
approval from the City Clerk if they have - if that is their only burning or only
heating source I believe we do have an ordinance like that that takes care of that.
De Weerd: Mr. Nary, I mean Mr. President.
Nary: Madame Mayor.
De Weerd: They are getting more and more that you see these campfire - the
approved burning pits for roasting marshmallows and maybe your hotdogs, but
that they are coming in all shapes and sizes now and they are outdoor burnings,
so that might be what it's referring to in terms of a fireplace because it is a safety
approved, pit type of a thing and they are becoming more and more popular.
Bird: Mr. President.
Nary: Mr. Bird.
Bird: I disagree. A fireplace is not an open fire - open burning because it is
enclosed. You are talking about a fire pit that is open burning and that's what
this ordinance is, is open burning. A stove, like a heating stove or a barbeque or
something like that is enclosed, but the fireplace is an enclosed burning. This
ordinance takes care of the open burning, which is burning your trash can, which
we used to do all the time, so I believe this ordinance has got that pretty well
covered -- all the open burning amended ordinances and I don't think there
Meridian City Pre-Council Meeting
June 8, 2004
Page 8 of 1 7
. needs to be any open flame fires within the City out in the backyard or where
they are at.
Nary: Mr. Bird, I agree with you - a fireplace is defined in here as a residential
solid fuel burning device, which is a permanent structural feature of a building.
But, I think what Madame Mayor is talking about and I know this because I have
one is an outside fire pit. I know you can buy one, we have one that is portable
and it's metal and it's enclosed, but it's still outside and it's like - you know to me
it's no different than a barbeque, but it still needs to be attended and I don't know
that we really address that very well in here and again it's just because I think
technology and change in what people use and stuff so I am not sure whether or
not that is just leading I know we are just trying to amend COMPASS's
recommendation and some of the provisions and maybe what's not clear to make
and it's my own fault for not looking at it closely enough ahead of time is this is
just the amended portions and some of I think are questions because some of
the portions aren't being amended, and therefore, maybe some of those
questions could be answered by us looking at that and Council, I mean if you are
comfortable with this to this point, we could certainly either put this back on next
week on the agenda or as a department report to give us time to look at the
whole ordinance to see if there is questions that we have or we think it's
something else or we can put this forward if you are ready to put it on the
agenda. Whatever your preference is. I just think some of the questions we
have and I keep having is because I need to look at all of the ordinance, not just
the amended portions and make sure that it all makes some sense-age in my
mind, but I don't know what everyone else's thoughts are.
Bird: Mr. President.
Nary: Mr. Bird.
Bird: I agree with you. I think we need to make it very clear. I don't think that it's
real clear right now. I am like you, I do have some questions, which probably if I
researched both of them they are probably answered there, but I'd like to see it
come back before Pre-Council next week and then we can take it on from there.
If that's agreeable to the other Council people.
Wardle: Sounds good.
Nary: Is that okay, Chief, so we will go ahead and put it on next Tuesday on Pre-
Council again and then we will have an opportunity to kind of do the whole
ordinance.
Bowers: I will get with Bill Nichols and we will go through it a little farther. Thank
you.
Item 4.
Discussion of Fireworks Amended Ordinance:
Meridian City Pre-Council Meeting
June 8, 2004
Page 9 of 17 .
- Bowers: New fireworks ordinance - basically there are several changes - not
changes just a few changes in the firework's ordinance. We did not have - there
was - excuse me there was a little discrepancy in the ordinance before of who or
where the money went to after investigating the people that come in an-d got the
permits. Did Will Berg do that? Did the Fire Department do that? So, that has
been cleaned up in this ordinance. We also - we are not under the Uniform Fire
Code anymore we are under the International Fire Code so we changed that in
the ordinance. We also put in there that the parent or guardian is responsible for
a child that has purchased fireworks and has went out and caused damage.
Always before we had that in our ordinance, but there was like a $2,500 cap on it
and talking with Bill Nichols on that $2,500 doesn't pay for very much.
Nary: Doesn't pay for your house that's for sure.
Bowers: That's exactly right.
Bird: (Inaudible) attorney fee.
Bowers: Yeah. Also we are going to have them place that on a sign on the fire
works booth or stand or tent now visible so that the parents can see that. Also,
under the firework's temporary stands and tents that had changed from the
Uniform Fire Code now to the International Fire Code on verbiage. So, we had
changed that and I believe that's all the changes for the ordinance and you
probably don't have the whole ordinance again, Mr. President, probably.
Nary: Council, any questions for the Chief on this one? This one sees a little bit
clearer.
Bowers: It is.
Nary: There is only a couple of little changes and certainly that notice provision
is good, but Council is there other questions, I am sorry?
Rountree: Since we don't have the whole ordinance I just have a question.
What's the age limit on being able to purchase fireworks?
Bowers: I believe it was 16, I believe is what it was.
Bird: I believe it was 16 because that's kind of uniform throughout the Valley isn't
it?
Bowers: Yes.
Bird: I would if we have no problems with this I would like to see this on the
Consent Agenda next week. We don't have to put it on for public hearing or
Meridian City Pre-Council Meeting
June 8, 2004
Page 10 of 17
- anything because there is no fees changes or anything like that. This needs to
be enforced here shortly.
Nary: Mr. Berg.
Berg: Mr. President, members of Council and Mayor we have already had the
applications for this summer season. This is just going to help us determine
where those fees go. Before it was the $25 where there was a concern about it
that said investigations and then in another place it said inspections, so we have
cleared that up - the $25 (inaudible) both. The fees or the applications had to be
in by April 15lh for this summer season, so this would be hopefully in effect before
the winter season.
Nary: But isn't the sign provision (inaudible) in effect before the Fourth of July
sales? It's going to be required that they have it. It's not part of the permit.
Berg: That part is correct.
(Inaudible discussion)
Bird: Permit fees.
Nichols: Mr. President.
Nary: Mr. Nichols.
Nichols: Should note too that this will result in a reduction and then the fees are
charged to the stand owners in order to be in compliance with the state law caps
on how much you can charge and I just did a - I 'd like us to research that age
for purchase and make sure that - because I am not - I just did a search with the
word age and I don't find anything other than in the form of application and with
regard to how old somebody has to be to work inside one of those facilities, so
we would like to look at that and get back to you.
Rountree: (Inaudible discussion).
Bowers: We will find out.
Nary: So, Council do you want to go ahead and put this on the agenda for next
week? Is that okay for everyone?
Rountree: Mr. President along as Council is okay with these search for age
(inaudible ----------------).
Bird: Yes.
Meridian City Pre-Council Meeting
June 8,2004
Page 11 of 17
- Nary: Okay. Chief thank you very much.
Bowers: Thank you President, City Council, Mayor, thank you.
Item 5.
Every 15 minutes Tape:
(Item 5 was discussed on first page - Tape wasn't working).
Item 6.
Valley Ride - Kelly Fairless:
Nary: Council, Ms. Fairless is here we could probably go ahead with the Valley
Ride's presentation (inaudible--------) before our Executive Session if that's still all
right with everyone?
Rountree: That would be great.
Bird: That would be great.
Nary: Unless you would rather wait?
Rountree: Do you want to wait?
(Speaker ?): They have to go to Wilder tonight, too.
Fairless: Mr. President, Madame Mayor, members of the Council, thank you very
much for the opportunity to come and talk to you this evening. I am here to
review our budget request for this year with the City of Meridian and to also give
you an update on what we have been doing in the last year and what we have to
look forward to in Fiscal Year 2005. I understand how tight budgets are and I'd
like to have this opportunity every year to let you know what you are getting for
your money and giving you an opportunity to provide us with comments and
feedback about things that you would like to see us be doing in the future as well.
The theme for the past year has really been building a solid foundation for the
future regional system. We through a variety of efforts we have been building a
solid foundation by developing our regional participation through the
implementation of our strategic board adhoc committees and our community
outreach plan. We have been getting a solid organizational structure in place
through the implementation of some internal reorganization and also some staff
realignments that I think have really improved our agencies efficiency. We are
developing performance measure systems that as we implement new services
we will be able to look at performance measures and track our performance over
time and be able to provide the kind of feedback that we hear from or get
requested from elected officials and the citizens about how we are doing and we
have done that through the implementation of a financial and accounting
software system that specifically is designed for public transportation called
Fleetnet. We also are doing regional service coordination through the
Meridian City Pre-Council Meeting
June 8, 2004
Page 12 of 17
development of our regional operations and capital improvement plan. This is
the first time that the system has been looked at as a one system in aiding
Canyon County's rather than a lot of different services being provided." We are
also working toward high quality and effective public outreach and education
through a comprehensive marketing plan, including a review and analysis of our
marketing communication strategies designed to maximize our marketing
opportunities with the limited resources that we have available. Also we are
looking at regional customer service through the planning and implementation of
a one-stop shop for public information for public transportation throughout Ada
and Canyon Counties. When I go back and review some of the public outreach
that was done prior to the citizens voting for a regional public transportation
authority, one of the common themes was finding a way to coordinate the
services so that people could get information and a one-stop kind of way and so
we are really excited about this opportunity. Our specific accomplishments this
year have been we are currently in the 15 month of an 18-month sole-source
contract for the services in the Nampa urbanized area. We have a request for
proposal and we are involved in a selection process for the local services and the
inner county services that Meridian helps fund. So, this is the first time that those
services have been competitively procured. It will be a three-year contract with
options for up to two one-year extensions. The selection will hopefully be
completed in the contract negotiations that started this summer with an
anticipated implementation with the new contracts by October 1st. We have been
engaged in a major service planning effort through our regional operations plan
and that just recently our Board adopted a preferred short-term alternatives
which are assuming existing resources, so we are not adding any service in the
short term, but looking at how we can reallocate existing resources. It's designed
to increase rider ship in both urbanized areas by making the systems more
frequent, direct and simple. We are really trying to listen to what the public wants
in terms of improving the way the services operate. We will be having public
hearings in mid - or in mid and late August and the implementation will start - we
will start phasing the implementation starting with Boise urbanized area doing the
inner county services next and then the Nampa services and we think that those
will be implemented completely within the next year. We are also working on our
long-term, six-year plan and that will include a plan for services in every city and
both counties. These are based on assumed additional resources and includes a
financial plan, a capital improvement plan and an implementation plan. We have
also provided the project management for the downtown Boise Mobility Study,
which has been a comprehensive look at the transportation system in downtown
Boise and we have done that in partnership with a variety of different agencies.
Our -- under marketing and customer service we co-sponsored May in Motion
exploring transportation alternatives. We'd like to see this become an alternative
or an annual event that will help encourage people and Valley residents to try
alternative transportation. We are also developing an Art in Transit program in
Boise that we would like to be able to apply to services that are provided in other
communities. It's been a self-sustaining program. It gives us opportunities to be
able to incorporate into our transit facilities, into our services. Some examples of
Meridian City Pre-Council Meeting
June 8, 2004
Page 13 of 17
that were the shelter prints that Ward Hooper did for us last summer that are
displayed in our transit shelters downtown. We have been able to sell the prints
for those and in cooperation with the City Art's Commission, we have actually
been able to retain some of the proceeds for that and that's what we are using to
fund the programs that we are starting this year. So, that's been kind of our seed
money. We are going to be having poetry in motion and what we are calling
moving art come out in this next couple of months. We have secured what we
are calling our ride-line, which is that region-wide phone line. It's going to be
345-ride. So, we have been successful at confirming that number and we also
will have the coordinated public information services through the Internet under
the tag line or the Internet address "rideline.org" and we have been able to
secure that as well. Under our legislative agenda, we I think, had a very
successful year this year - I guess a very successful year would have meant we
got funding, but we had a successful year, so, I'll put it that way. We assisted the
statewide task force on public transportation and provided staff support for
completing that report. We presented that report to a variety of legislative
committees. We also were successful at amending our enabling legislation to
make RPT A's exempt from fuel taxes, which was a real critical issue especially
for the City of Boise because of the hit to their budget that would of caused. The
legislature passed a legislative interim committee. It was one of the only interim
committees that were passed this year and they are going to be looking through
the summer at public transportation and funding options. The legislature also
passed a memorial supporting the concepts asking Congress to support
changing the local match for public transportation to be equal to the match that
the highway projects have, which is the 7.34 percent. Right now federal match in
Idaho for transit projects throughout the country are 20 percent for capital
projects. We are looking fOlWard to next year. We are working on developing all
of our public information into creating a regional look for our public information for
our public transportation services. We are evolving our naming convention to re-
generalize the services and designate those services from the actual authority.
One of the things that we are doing is all of our fixed route, local services in both
urbanized areas will be called Valley Ride and all of our inner-county or limited
stop services, those that come through Meridian and serve Meridian will now
after the first of October or there-about will be called Valley Ride Express. So,
again people won't be wondering - that's one of the most confusing things to
people is which services do I get on and where do they go and so we are really
trying to coordinate those things. We will be evolving the authorities name to
better depict what it is, to better describe what it is we are, which is the Treasure
Valley Transit Authority. We will implement the ride line. We hope to have the
staff in place and the training done and be able to implement that by December
of 2004 and we are going to implement the route restructure as I mentioned
before. The funding request I handed out - one correction I just noticed is that it
says that it's based on 2003 population, but it's actually 2004. It is the 2004
population that COMPASS has just adopted in March. We separate our request
by dues and local contributions. The dues are assessed to the cities and
counties based on those population projections at a 60 cents per capita, non-
{." ~
Meridian City Pre-Council Meeting
June 8, 2004
Page 14 of 17
duplicated, so the counties cover all the unincorporated areas and the cities
cover the incorporated areas. We also have special member's dues that are
negotiated with those members. This year's budget request had a modest
increase for the special members as well. The dues request really supports the
regional planning and transportation administration support. It's basically what
funds the umbrella agency of Valley Ride. The local service contributions for the
Boise urbanized area in Garden City and Boise are based on a percent of the
service within the city limits of each jurisdictions, so right now Garden City has 2
percent of the service going through Garden City and we do that by service
miles, So, they cover 2 percent of the local contributions for that and Boise City's
request is the 98 percent. Nampa and Caldwell local services are based on the
cost of service divided between Nampa and Caldwell and then also the number
of routes, so Nampa's is two-thirds because they have two routes in their
community and Caldwell's is one-third because they have one-route. The inner
county services, we based this year - we did it a little differently and you may
notice in the document that I gave you that we based that on the jurisdictions
where those services actually travel and then with Nampa and Meridian, those
are the two communities in the - along the route that have the direct stops,
specifically to transport people who are from here or coming to here, so we
divided it out by the Nampa and Meridian portion is a little more than the others
and we are also requesting Boise City, Ada County and Canyon County as well
as Caldwell contribute to the balance of those services. That's something that
we certainly can talk about if you think there is a different way we need to do that.
We are just trying to find a fair way to divide those service costs up. That is the
local contribution. The remainder of the budget comes from federal 5307 funds.
One of the changes this year that's specifically effects Meridian is the Treasure
Valley Metro that you have been providing funding support for is no longer
eligible under the Surface Transportation Program, which is where it received it's
funding while it was a (inaudible) mitigation project. We were able to by using
the 5307, which is our formula transit funds in the Nampa urbanized area, we
were able to take that service under Valley Ride and because of Meridian's
contribution was all local dollars so we were able to spread those out and cover
the local match without a significant increase in cost. So, we were pretty excited
about that. I actually think Meridian's request may be pretty close to what it was
last year is what I was hoping. We were trying to not be too far away from last
year's request. That is my presentation. I'd be happy to answer any specific
questions you might have about what Valley Ride is doing or our budget request.
Nary: Council is there questions for Ms. Fairless?
Bird: I have none.
Nary: Just so you are aware, Council, I think I - this is the same formula that we
got at the Board meeting, is it not?
Meridian City Pre-Council Meeting
June 8, 2004
Page 15 of 17
Fairless: Actually, Mr. President, I am glad you asked that because what it is we
went back and we have redone - we have had a budget revision since then. The
management committee has not approved this, but I made an assumption since
everything went down - all the requests are going down and not up that you all
probably wouldn't disagree with that and that you'd rather see the more accurate
numbers. We have been - we are working in a brand new accounting system
and have found many challenges in terms of getting this budget done, so we
have been able to do some refinements that have ought to reduce some of the
costs.
Nary: Now, have you been in touch with our finance folks here --?
Fairless: Yes.
Nary: -- because I have given that information to them from the last Board
meeting so they would have some numbers to plug into the preliminary budget
amounts.
Fairless: We did send a letter also to, I believe, the City Clerk or the -- yeah to
Will.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: The letter is $2,100 less than the table you have here.
Fairless: That is probably because we were able to do some adjustments. That
is-
De Weerd: -- no your table is more.
Fairless: Oh, the table is more? Oh, thank you, Madame Mayor. The reason for
that was I was basing the increase on what was provided last year and after
talking to your Finance Department I realized that we didn't have the correct
number so I was building it off of a $40,500 contribution last year when it was
actually $42,500 and what we did with the inter-county service - the portion of
the service that's in Nampa and Meridian is we did a 5 percent increase. The
one thing that might happen that I will point out we are in the process of doing
this competitive bid and our hope is that we have been realistic enough that we
have had determined what the correct budget is, but until we actually negotiate
the contract, we don't know for sure how that's going to come out. So, we are -
if it turns out that they actually come in less than what we had anticipated on a
per hour basis then we could actually come back and decrease those, but I - and
if they go higher then we would have to come back and look at how we might
adjust the services or make another request.
Meridian City Pre-Council Meeting
June 8, 2004
Page 16 of 17
Nary: Well, I think what the discrepancy is, is that there is a request on here for
this large express service on this table that's not on this letter.
Fairless: Oh, okay.
De Weerd: No, you add the two together and it's $44,609 instead of $42,509.
Nary: Right.
Fairless: And the difference is In we were building it off of last year's and I had
an Incorrect number from last year's. The reason I split those out in a second
document was because we were trying to make sure that we are covering all of
the communities that are receiving services and again we are working off of our
plan for the inner-county services and I just went back and refined those to more
accurately reflect what portion Meridian's actually getting in terms of service.
Nary: Is there any other questions, Council?
Fairless: All right. Thank you, I appreciate it.
Nary: I think we are now up to our Executive Session.
Bird: Mr. President.
Nary: Mr. Bird.
Bird: I move that we go into Executive Session as per Idaho State Code 67-
2345(1 )(a).
Wardle: Second.
Nary: It's been moved and seconded to go into Executive Session. Mr. Berg,
could you take roll call vote, please.
Berg: Thank you Mr. President, members of Council.
Roll call vote: Bird, aye; Wardle, aye; Rountree, aye; Nary, aye.
ALL AYES. MOTION CARRIED.
EXECUTIVE SESSION:
Nary: (Inaudible ---) Executive Session. No final decisions were made. I would
take a motion to leave Executive Session.
Meridian City Pre-Council Meeting
June 8, 2004
Page 17 of 17
Bird: So moved.
Rountree: Second.
Nary: It's been moved and seconded to leave Executive Session. All those in
favor, say aye.
ALL AYES. MOTION CARRIED.
Nary: We have reached the end of our Pre-Council agenda for June 8th. I would
accept a motion to adjourn
Rountree: So moved.
Bird: Second.
Nary: It's been moved and seconded to adjourn our Pre-Council meeting. All
those in favor say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 7:10 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
i / LO I 04-
DATE APPROVED
ATTESTED:
WILLIAM G. BERG,
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 8, 2004, at 7:00 p.m.
City Council Chambers
1.
Roll-call Attendance:
x
X
.
2.
)( Bill Nary
Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
Pledge of Allegiance: ~v-e.,Ac kirvv.-V/..-
Shaun Wardle
3.
Community Invocation by Pastor Steve Moore, with Cherry Lane
Christian Church: ~S-e..n-f-ecL-
4.
&ZJ1'W'f9v<d a-.{ a~ e-r...duL
Adoption of the Agenda:
5.
~('<.c( OJ I7ZVIKvV
Consent Agenda:
A. Approve Minutes May 11, 2004 Pre-Council Meeting: ~6"'V~
B. Findings of Fact and Conclusions of Law for Approval: AZ 04-
003 Request for Annexation and Zoning of 16.73 acres from RUT
to R-8 zones for proposed Javdan VillaQe Subdivision by
Packard Estates, LLC - 5325 West Ustick Road: ~PVV<-
C. Findings of Fact and Conclusions of Law for Approval: PP 04-
002 Request for Preliminary Plat approval of 75 residential building
lots and 8 common lots on 16.73 acres in a proposed R-8 zone for
proposed Javdan VillaQe Subdivision by Packard Estates, LLC -
5325 West Ustick Road: tl--pp/\pv-L-
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-004 Request for a Conditional Use Permit for a Planned
Development with request for reduction to the minimum
requirements for lot size, street frontage, and front yard setbacks
for side entry garages for proposed Javdan VillaQe Subdivision
by Packard Estates, LLC - 5325 West Ustick Road: ~jlY1?VU!-
E. Findings of Fact and Conclusions of Law for Approval: AZ 04-
004 Request for annexation and zoning of 34.6 acres from RUT to
Meridian City Council Agenda - June 8. 2004 Page I of 4
All materials presented at public meetings shaU become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or healing
please contact the City Clerk's Office at 888-4433 at least 48 hours plior to the public meeting.
I-L, L-O, and C-G zones for proposed McNelis Subdivision by
Falcon Creek, LLC - northwest corner of North Ten Mile Road and
West Ustick Road: ~v'..t.-
F. Findings of Fact and Conclusions of Law for Approval: PP 04-
004 Request for Preliminary Plat approval of 16 commercial
building lots and 5 common lots on 34.6 acres in proposed I-L, L-O,
and C-G zones for proposed McNelis Subdivision by Falcon
Creek, LLC - northwest corner of North Ten Mile Road and West
Ustick Road: W;?~vo.L
G. Findings of Fact and Conclusions of Law for Approval: PP 04-
003 Request for Preliminary Plat approval of 2 building lots on 2.7
acres in an I-L zone for Cafarelli Subdivision No.2 by Shawn
Fickes - 1950 West Franklin Road: a.-PfrVW!-
H. Water Main Easement for Citi~roup I Idaho (Project Hercules)
by KDC-Idaho Investments: t:lJ'r()~
I. Streetli~ht A~reement for Fulfer Subdivision No.1: ottfOV--.u
J. Streetli~ht A~reement for Lochsa Falls #7: ap)n...<:Jl/<...e.-
K. A~reement with Aspire On: ~~
L. Finch Lateral Crossin~ with 12" Water Main: C2frll~
M. Award of Bid to Star Construction, LLC for Well No. 20
Pressure Zone Separation at Ustick Road: C?j?frY<)\f'J<../
N. Waterline Latecomer's A~reement - Well 20 PRV: Ctfrv<.-e.
O. Broker Recommendation: t2-~~
()~ B fJ Pr tttjr-eei'Y\.en.-"t: Ci-fFOVvV
Department Reports
6.
A. Mayor's Office
1. Mayor's Report:
7. (Items Moved from Consent Agenda) /rOPA'h-O
8. Request for Reconsideration: RZ 04-004 Request for a Rezone of 9.47
acres from R-4 to L-O and R-15 zones for Southwoods Subdivision by
Calderwood Community, LLC - 2090 South Meridian Road: cU-"T'r!J
Meridian City Council Agenda - June 8,2004 Page 2 of 4
All materials presented at public meetings shall become properly oCthe City of Meridian.
Anyone desiring accommodation [or disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888.4433 at least 48 hours plior to the public meeting.
. 9. Request for Reconsideration: PP 04-007 Request for Preliminary Plat
approval for 15 building lots (14 office and 1 residential) and 1 common lot
on 9.47 acres in proposed R-15 and L-O zones for Southwoods
Subdivision by Calderwood Community, LLC - 2090 South. Meridian
Road: cWn-7
10. Request for Reconsideration: CUP 04-008 Request for a Conditional
Use Permit for a Planned Development for office and assisted living in
proposed R-15 and L-O zones for Southwoods Subdivision by
Calderwood Community, LLC - 2090 South Meridian Road: e1/ehd-
11. TE 04-002 Request for a one year Time Extension on the Conditional Use
Permit (CUP 03-002) for Meridian Academv for an additional public
school classroom building by LKV Architects - 2311 East Lanark Street:
cJ;~v,<-
12. Public Hearing: Idaho Community Development Block Grant for
Louisiana Pacific: Con./7hu.e- /l.7 6 -If;? -04-
13. Continued Public Hearing from May 25, 2004: AZ 03-038 Request for
Annexation and Zoning of 21.38 acres from C-2 to C-G zones for
proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. -
northeast corner of East Victory Road and South Meridian Kuna Highway:
C<7YLhhuR.- -j-p '?~~-t?4-
14. Continued Public Hearing from May 25, 2004: PFP 03-007 Request
for Preliminary Final Plat approval of 4 commercial building lots on 21.38
acres in a proposed C-G zone for proposed Mussell Corner Subdivision
by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and
South Meridian Kuna Highway:
cdhhh~ 70 7-6- (/4--
15. Continued Public Hearing from May 25, 2004: CUP 03-071 Request
for a Conditional Use Permit for a Planned Development to allow the
construction of a combination feed store and gas station I convenience
store on one of the proposed lots and to allow the existing commercial and
residential uses to remain and the property for proposed Mussell Corner
Subdivision by Pinnacle Engineers, Inc. - northeast corner of East
Victory Road and South Meridian Kuna Highway:
Ct7rl..77hb~ ro 7-6-t91~
16. Public Hearing: MI 04-004 Request for a Miscellaneous request for an
amendment to the Development Agreement for Resolution Subdivision
No. 1 by Aspen Grove Development, LLC - south of East Overland Road
at Celebration Avenue and Gala Street:
a-l'nrrr-e-7 Iv /ff'2 j"4rt..L ./I;:..{ c I ~ f;.r ~vt<--L
17. Public Hearing: RZ 04-006 Request for a Rezone of 16.1 acres from R-4
to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm,
Inc. - east of Soyth Eagle Road and north of east Victory Road:
Ctf'n..-n ~ -fa 6-1;J -04-
Melidian City Council Agenda - June 8, 2004 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 hou\'5 prior to the public meeting.
- 18.
20.
21.
22.
Z:3T
19.
Public Hearing: PP 04-009 Request for Preliminary Plat approval of 79
single-family residential building lots & 8 common lots on 16.1 acres in
proposed R-8 zone for Sutherland Farm Subdivision No.4 by
Sutherland Farm, Inc. - east of South Eagle Road and north of east
Victory Road: CdNhh~ ;0 /h Iv 6 -/~ -04-
Public Hearing: CUP 04-009 Request for modification of the original
Conditional Use Permit for a Planned Development to allow the
elimination of five office lots and the addition of 47 single-family lots in
addition to the 32 residential lots previously approved for a total of 79
single-family lots for Sutherland Farm Subdivision No.4 with request for
reduction to the minimum requirements for lot size, street frontage and
front yard setbacks by Sutherland Farm, Inc. - east of South Eagle Road
and north of east Victory .Ropd: I/L_ 6-/C-D4-
CC:i'Yl.--y'-J n. ~ ,,0 / ,.1. 7 Co' ,;'
Public Hearing: PFP 04-004 Request for Preliminary Final Plat approval
of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision by
Pinnacle Engineers, Inc. - 475 North Linder Road:
a,.ff-v-rI1.-eJ tv j?reparue. -f'lP "c/.L..f7:rr aprJYl)v~
Public Hearing: AZ 04-008 Request for Annexation and Zoning of 5.22
acres from RUT to C-G zone for MaQic View Court by Larry Hellhake -
2855 Magic View Drive: ..
at-t7n-~ -1-0 ;rrel'~ f'lr f C!..e fVy- ~t7vaL
Tabled from June 1 ~ 2004: Ordinance No. : Parks and
Recreation Commission Ordinance:
./It.l;.{.e. Tv G -( ~ -01-
EXeUi-t-,~.e ~'esr/'~ 67-231-$ (f) (c.)
M t&c/s/-;;""
Meridian City Council Agenda - June 8, 2004 Page 4 of 4
All matelials presented at public meetings shall become property orlhe City of Meridian.
Anyone desiring accommodation for disabilities related to documents andlor hearing
please contact the City Clerk's Office at 888-4433 at leasl48 hours prior to the public meeting.
June'lB,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 22,2004
ITEM NO.
5-L-
REQUEST Approve minutes of June 8, 2004 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:
U1ffl ,rJ
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 8, 2004, at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle X Bill Nary
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Dave McKinnon
3. Community Invocation by Pastor Steve Moore, with Cherry Lane
Christian Church: Presented
4. Adoption of the Agenda: Approve as Amended
5. Consent Agenda:
A. Approve Minutes May 11, 2004 Pre-Council Meeting: Approve
B. Findings of Fact and Conclusions of Law for Approval: AZ 04-
003 Request for Annexation and Zoning of 16.73 acres from RUT
to R-8 zones for proposed Javdan VillaQe Subdivision by
Packard Estates, LLC - 5325 West Ustick Road: Approve
C. Findings of Fact and Conclusions of Law for Approval: PP 04-
002 Request for Preliminary Plat approval of 75 residential building
lots and 8 common lots on 16.73 acres in a proposed R-8 zone for
proposed Javdan VillaQe Subdivision by Packard Estates, LLC -
5325 West Ustick Road: Approve
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-004 Request for a Conditional Use Permit for a Planned
Development with request for reduction to the minimum
requirements for lot size, street frontage, and front yard setbacks
for side entry garages for proposed Javdan VillaQe Subdivision
by Packard Estates, LLC - 5325 West Ustick Road: Approve
E. Findings of Fact and Conclusions of Law for Approval: AZ 04-
004 Request for annexation and zoning of 34.6 acres from RUT to
Meridian City Council Agenda - June 8, 2004 Page I 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 Offiee at 888-4433 at least 48 hours prior to the public meeting.
I-L, L-O, and C-G zones for proposed McNelis Subdivision by
Falcon Creek, LLC - northwest corner of North Ten Mile Road and
West Ustick Road: Approve
F. Findings of Fact and Conclusions of Law for Approval: PP 04~
004 Request for Preliminary Plat approval of 16 commercial
building lots and 5 common lots on 34.6 acres in proposed I-L, L-O,
and C-G zones for proposed McNelis Subdivision by Falcon
Creek, LLC - northwest corner of North Ten Mile Road and West
Ustick Road: Approve
G. Findings of Fact and Conclusions of Law for Approval: PP 04-
003 Request for Preliminary Plat approval of 2 building lots on 2.7
acres in an [-L zone for Cafarelli Subdivision No.2 by Shawn
Fickes - 1950 West Franklin Road: Approve
H. Water Main Easement for CitiQroup I Idaho (Project Hercules)
by KDCMJdaho Investments: Approve
I. StreetliQht AQreement for Fulfer Subdivision No.1: Approve
J. StreetliQht AQreement for Lochsa Falls #7: Approve
K. AQreement with Aspire On: Approve
L. Finch Lateral CrossinQ with 12" Water Main: Approve
M. Award of Bid to Star Construction, LLC for Well No. 20
Pressure Zone Separation at Ustick Road: Approve
N. Waterline Latecomer's AQreement - Well 20 PRV: Approve
O. Broker Recommendation: Approve
P. SPA Agreement: Approve
6. Department Reports
A. Mayor's Office
1. Mayor's Report:
7. (Items Moved from Consent Agenda) Nothing
Meridian City Council Agenda - June 8, 2004 Page 2 of 4
All materiats presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publie meeting.
8. Request for Reconsideration: RZ 04-004 Requestfor a Rezone of 9.47
acres from R-4 to L-O and R-15 zones for Southwoods Subdivision by
Calderwood Community, LLC - 2090 South Meridian Road: Deny
9. Request for Reconsideration: PP 04-007 Request for Preliminary Plat
approval for 15 building lots (14 office and 1 residential) and 1 common lot
on 9.47 acres in proposed R-15 and L-O zones for Southwoods
Subdivision by Calderwood Community, LLC - 2090 South Meridian
Road: Deny
10. Request for Reconsideration: CUP 04-008 Request for a Conditional
Use Permit for a Planned Development for office and assisted living in
proposed R-15 and L-O zones for Southwoods Subdivision by
Calderwood Community, LLC - 2090 South Meridian Road: Deny
11. TE 04-002 Request for a one year Time Extension on the Conditional Use
Permit (CUP 03-002) for Meridian Academy for an additional public
school classroom building by LKV Architects - 2311 East Lanark Street:
Approve
12. Public Hearing: Idaho Community Development Block Grant for
Louisiana Pacific: Continue to June 15, 2004 Meeting
13. Continued Public Hearing from May 25,2004: AZ 03-038 Request for
Annexation and Zoning of 21.38 acres from C-2 to C-G zones for
proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. -
northeast corner of East Victory Road and South Meridian Kuna Highway:
Continue to July 6,2004 Meeting
14. Continued Public Hearing from May 25, 2004: PFP 03-007 Request
for Preliminary Final Plat approval of 4 commercial building lots on 21.38
acres in a proposed C-G zone for proposed Mussell Corner Subdivision
by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and
South Meridian Kuna Highway: Continue to July 6, 2004 Meeting
15. Continued Public Hearing from May 25, 2004: CUP 03-071 Request
for a Conditional Use Permit for a Planned Development to allow the
construction of a combination feed store and gas station / convenience
store on one of the proposed lots and to allow the existing commercial and
residential uses to remain and the property for proposed Mussell Corner
Subdivision by Pinnacle Engineers, Inc. - northeast corner of East
Victory Road and South Meridian Kuna Highway: Continue to July 6,
2004 Meeting
16. Public Hearing: MI 04-004 Request for a Miscellaneous request for an
amendment to the Development Agreement for Resolution Subdivision
Meridian City Council Agenda - June 8, 2004 Page 3 of 4
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Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Cterk's Ofnce at 888-4433 at least 48 hours prior to the pub tic meeting.
No. 1 by Aspen Grove Development, LLC - south of East Overland Road
at Celebration Avenue and Gala Street: Attorney to prepare Findings of
Fact and Conclusions of Law for Approval
17. Public Hearing: RZ 04-006 Request for a Rezone of 16.1 acres from R-4
to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm,
Inc. - east of South Eagle Road and north of East Victory Road:
Continue to July 15, 2004 Meeting
18. Public Hearing: PP 04-009 Request for Preliminary Plat approval of 79
single-family residential building lots & 8 common lots on 16.1 acres in
proposed R-8 zone for Sutherland Farm Subdivision No.4 by
Sutherland Farm, Inc. - east of South Eagle Road and north of east
Victory Road: Continue Public Hearing to June 15,2004 Meeting
19. Public Hearing: CUP 04-009 Request for modification of the original
Conditional Use Permit for a Planned Development to allow the
elimination of five office lots and the addition of 47 single-family lots in
addition to the 32 residential lots previously approved for a total of 79
single-family lots for Sutherland Farm Subdivision No.4 with request for
reduction to the minimum requirements for lot size, street frontage and
front yard setbacks by Sutherland Farm, Inc. - east of South Eagle Road
and north of east Victory Road: Continue Public Hearing to July 15,
2004 Meeting
20. Public Hearing: PFP 04-004 Request for Preliminary Final Plat approval
of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision by
Pinnacle Engineers, Inc. - 475 North Linder Road: Attorney to Prepare
Finding of Fact and Conclusions of Law for Approval
21. Public Hearing: AZ 04-008 Request for Annexation and Zoning of 5.22
acres from RUT to C-G zone for Maaic View Court by Larry Hellhake -
2855 Magic View Drive: Attorney to Prepare Findings of Fact and
Conclusions of Law for Approval
22. Tabled from June 1, 2004: Ordinance No. : Parks and
Recreation Commission Ordinance: Table to June 15, 2004 Meeting
23. Executive Session per Idaho State Code 67-2345(1)(c): No Decision
Meridian City Council Agenda - June 8, 2004 Page 4 of 4
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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.
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, June 8, 2004 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle _ Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Discussion of Open Burning Amended Ordinance:
(*10 minutes)
4. Discussion of Fireworks Amended Ordinance:
(*10 minutes)
5. Every 15 minutes Tape:
(* 20 minutes)
6. Valley Ride - Kelly Fairless:
(*20 minutes)
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - June 8, 2004 Page 1 of 1
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Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Meetin~
June 8, 2004.
The regular meeting of the Meridian City Council was called to order at 7:25 P.M.,
Tuesday, June 8,2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd,William Nary, Keith Bird, Charlie Rountree
and Shaun Wardle.
Others Present: Bill Nichols, Will Berg, Steve Siddoway, Brad Watson, Captain
Overton, Gary Smith, Kenny Bowers, Doug Strong, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Bill Nary
X Keith Bird
Mayor Tammy de Weerd
De Weerd: I will go ahead and start the regular meeting for City Council. It's Tuesday,
June 8th. I'd like to welcome you all here. Appreciate your patience. We are still not
online, but I think we can get through as much business as we can until we need our
computers. So, I appreciate your patience and please bear with us. Technology is
great, but it's not infallible. So, we will begin with -- I will call roll, since the city clerk is
on the phone.
Item 2:
Pledge of Allegiance:
De Weerd: Item NO.2 is the pledge of allegiance and since we don't have Boy Scouts,
we will use our Boy Scout alternate and that's Dave McKinnon. If you will, please, lead
us in the pledge.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Steve Moore, with Cherry Lane
Christian Church:
De Weerd: Thank you, David. I think the pledge really has extra significance with us
having the largest deployment in the history of our state and I guess it's very appropriate
to pledge allegiance to our flag and to keep in mind those men and women who will be
leaving this week for Texas. And with that I will introduce Item No. 3 and that is our
community invocation by Pastor Steve Moore with the Cherry Lane Christian Church.
Moore: Would you bow your heads with me, please. Our Father in Heaven, we have
been reminded these last couple of weeks what a wonderful nation we live in and the
price that's been paid by people on D-Day and World War II and through the season of
Memorial weekend and we are grateful for that, God, that we can worship you and
Meridian City Council
June 8, 2004
Page 2 of 58
move about freely and choose to own a business or get an education or whatever it is,
we really have so many rights here, it's unprecedented in the history of the world and
we thank you for that and we give credit to you for directing us and our forefathers in
that regard. And as our Mayor has mentioned this evening, we also with that think of
men and women in this community and our city who are going to be separated from
their families, who are just regular people that have jobs and our next door neighbors
and they are going to go put their lives on the line in harm's way to make the world a
better place to live and we ask that you, God, would go with them and protect them. For
us here in Meridian tonight, God, we live in a wonderful city and, as usual, we have
tensions facing us and issues about traffic and our schools are full and pressure about
subdivisions and we want to maintain our rights and limit our laws and people that own
lands don't want to be told altogether how to use their land and when they can sell and
when they can't, others want to preserve their lifestyle and I think most of us in this room
wouldn't really want to trade places with these leaders in our community that are seated
in front of me and so I ask you to bless them and give them wisdom in the awesome
responsibility that they have chosen and have accepted on our behalf. None of us have
all the answers, I pray that we would be civil in the treatment of each other and
listeners and workers and we just -- you said ask for wisdom, so that's what we are
doing tonight is asking for wisdom and, God, we just will praise you for the goodness
that's in our life and give you the glory and I ask your blessing and direction on this
meeting, in Jesus name, Amen.
De Weerd: Thank you. I hope that it bought us some time, too, Mr. Clerk.
Moore: I should have prayed for God to send somebody to fix the computers.
Item 4:
Adoption of the Agenda:
De Weerd: It would be a nice extra request. We do appreciate the faith community that
-- this new partnership that we have enjoyed. We have had all of the faith community
join us during this part of our meeting to become community partners with us and we
appreciate that and for those who don't wish to pray, you know, this is a good moment
to reflect and we appreciate you all being here tonight. No. 4 is the adoption of the
agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need to add a couple things to our agenda, Under Consent Agenda we need
an Item P, which is the BPA contract between the city and BPA. And also the Mayor
has asked if, with permission of the Council, on Item No. 23, an Executive Session, as
per Idaho State Code 67-2345(1 )(c). And with that I would move that we adopt the
revised agenda as noted.
Rountree: Second.
Meridian City Council
June 8, 2004
Page 3 of 58
De Weerd: Okay. It's been moved and seconded to approve the agenda as revised. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A. Approve Minutes May 11, 2004 Pre-Council Meeting:
B. Findings of Fact and Conclusions of Law for Approval: AZ 04~
003 Request for Annexation and Zoning of 16.73 acres from RUT
to R-8 zones for proposed Javdan Village Subdivision by
Packard Estates, LLC - 5325 West Ustick Road:
C. Findings of Fact and Conclusions of Law for Approval: PP 04~
002 Request for Preliminary Plat approval of 75 residential building
lots and 8 common lots on 16.73 acres in a proposed R-8 zone for
proposed Javdan Village Subdivision by Packard Estates, LLC -
5325 West Ustick Road:
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-004 Request for a Conditional Use Permit for a Planned
Development with request for reduction to the minimum
requirements for lot size, street frontage, and front yard setbacks
for side entry garages for proposed Javdan Village Subdivision
by Packard Estates, LLC - 5325 West Ustick Road:
E. Findings of Fact and Conclusions of Law for Approval: AZ 04~
004 Request for annexation and zoning of 34.6 acres from RUT to
I-L, L-O, and C-G zones for proposed McNelis Subdivision by
Falcon Creek, LLC - northwest corner of North Ten Mile Road and
West Ustick Road:
F. Findings of Fact and Conclusions of Law for Approval: PP 04~
004 Request for Preliminary Plat approval of 16 commercial
building lots and 5 common lots on 34.6 acres in proposed I-L, L-O,
and C-G zones for proposed McNelis Subdivision by Falcon
Creek, LLC - northwest corner of North Ten Mile Road and West
Ustick Road:
G. Findings of Fact and Conclusions of Law for Approval: PP 04-
003 Request for Preliminary Plat approval of 2 building lots on 2.7
acres in an I-L zone for Cafarelli Subdivision No.2 by Shawn
Fickes - 1950 West Franklin Road:
Meridian City Council
June 8, 2004
Page 4 of 58
H. Water Main Easement for CitiQroup !Idaho (Project Hercules)
by KDC-Idaho Investments:
I. StreetliQht AQreement for Fulfer Subdivision No.1:
J. StreetliQht AQreement for Lochsa Falls #7:
K. AQreement with Aspire On:
L. Finch Lateral CrossinQ with 12" Water Main:
M. Award of Bid to Star Construction. LLC for Well No. 20
Pressure Zone Separation at Ustick Road:
N. Waterline Latecomer's AQreement - Well 20 PRV:
O. Broker Recommendation:
P.
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the revised Consent Agenda, adding Item P, the
BPA contract, and for the Mayor to sign and the Clerk attest to all proper papers.
Rountree: Second.
De Weerd: Thank you. It's been moved and seconded to approve the Consent Agenda
as amended. Any further discussion? Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports
A. Mayor's Office
1. Mayor's Report:
De Weerd: Okay. Item No.6 has been taken care of on the Consent Agenda.
Meridian City Council
June 8, 2004
Page 5 of 58
Item 7:
(Items Moved from Consent Agenda)
De Weerd: So, we have no items moved from the Consent Agenda.
Item 8:
Item 9:
Item 10:
Request for Reconsideration: RZ 04-004 Request for a Rezone of 9.47
acres from R-4 to L-Q and R-15 zones for Southwoods Subdivision by
Calderwood Community, LLC - 2090 South Meridian Road:
Request for Reconsideration: PP 04-007 Request for Preliminary Plat
approval for 15 building lots (14 office and 1 residential) and 1 common lot
on 9.47 acres in proposed R-15 and L-Q zones for Southwoods
Subdivision by Calderwood Community, LLC - 2090 South Meridian
Road:
Request for Reconsideration: CUP 04-008 Request for a Conditional
Use Permit for a Planned Development for office and assisted living in
proposed R-15 and L-O zones for Southwoods Subdivision by
Calderwood Community, LLC - 2090 South Meridian Road:
De Weerd: We will move onto Item 8 -- 8, 9 and 10 are all related, so I will -- whose is
this?
Nary: I think --
De Weerd: Okay.
Nary: Just to introduce this to Council, what the circumstance were, we all recall
Southwood Development was on last week, it was denied by us and the reason we
articulated denial was that there were -- it was not consistent with the Comprehensive
Plan. Part of this development was an office portion, an L-O portion, that would not be
consistent with the current Comprehensive Plan. I received a call the next day from the
planning director for the city. Mrs. Powell indicated that that provision that we had had
concerns with and that we had already expressed a desire for the planning department
to bring about a Comprehensive Plan change, was intended to be before us within the
next couple of weeks. What she had indicated was that she had spoken with the
developer of this project and felt it was appropriate at least for us, if we wished to
consider this matter, if the only determination for denial at this juncture was the
condition regarding the Comprehensive Plan, that since we may be eliminating that in
the next few weeks at our direction, that we would consider putting this back on our
agenda for discussion on whether or not there are other things that we want to consider
about this project, without it going back through the whole process all over, since it
would be the same project we would see again. I told her I had no objection to that.
That was the articulated reason for denial at this juncture. It doesn't mean that would be
the only issue before us, there certainly may be a number of issues. We didn't get to
those, because we didn't need to get to those at the denial stage, so that was -- I guess
was my doing that it was on our agenda. I told her I would move to reconsider this
Meridian City Council
June 8, 2004
Page 6 of 58
matter. We simply would be resetting this to a later date, probably 45 or 60 days from
now, to make -- to see if the other process gets completed and at least the
Comprehensive Plan portion was not the issue any longer and I bring that before you
and if -- have J missed anything, Mr. Siddoway? ^
Siddoway: I could provide some further details on the timeline for that Comprehensive
Plan amendment.
Nary: Oh, that would be great.
Siddoway: I went back after the last City Council meeting with the direction from the
Mayor and Council and stated that we did need to get working on that right away.
Wendy Kirkpatrick, who had been originally working on the consistency matrix, has
taken the relevant items related to the L-O zoning issues and a couple of other things.
This is still a rough draft, but I do have, in rough draft form, from her still to be reviewed
by Anna, that text amendment. So, it's very much -- it is underway. It would need -- as
a Comprehensive Plan amendment; it would need to go through the Planning and
Zoning Commission first. So, we could get this completed and in the process before our
next deadline day, which is a week from today, on the 15th of June. Typically, that
deadline day would be for the August 5th hearing date with Planning and Zoning. If we
wanted to try and expedite this, we could potentially get it on one of the later meetings
in July. The Planning and Zoning Commission has so many applications before them
that they have added a third meeting in July already on the 29th, but possibly the 15th
or the 29th or if we were to stick with the standard timeline, it would go to August 5th.
But -- and, then, following that to Council approximately one month out. But we do have
it ready in draft form. It will be finalized within the next week.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: There is no guarantee that this is going to be passed when it does come through,
as stated by the deal. I, for one -- I don't know, I can't speak for the other three
Councilmen. I, for one -- that wasn't my big reason for turning the project down. I had
more reason than that. I mean I'd sooner see offices along Meridian Road, than see the
Alzheimer's unit back where it's at. I think it was Councilman Rountree that suggested it
come down in the middle on the edge. I could probably live with that. The guy -- the
gentleman -- the applicant was stating that it was going to be one attendant to two or
three patients and, then, he tells us for 12 hours during the night it's going to be two to
16, two attendants to 16 people. Well, Alzheimer's people that have that disease don't
always have their days and nights coordinated, so it was more than just the zoning for
me than that on that project. I would have to see a lot more on the preliminary plat
change than what there is.
Wardle: Madam Mayor?
Meridian City Council
June 8, 2004
Page 7 of 58
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, I would voice my concern over the annexation and the changes
that need to be made and commend the staff for bringing those changes forward within
our process to go to the Public Hearing and so for that, certainly, we needed to make
those changes and need to see all of those things come within our process, but for this
specific project that was not my only concern and ['II agree with Mr. Bird, that I had other
concerns than the specific zoning of the project and so that's my opinion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'm just confused on the process. If we did take action on reconsideration,
does that mean the hearing held would, then, become open again and would remain
open until such time as there was some action taken on the rezoning or the amendment
of the Comp Plan, at which time, if it was favorable, that this request would move
forward again in through the hearing process? What does the reconsideration mean and
how does it fit with the normal process?
De Weerd: Mr. Nichols.
Nichols: Madam Mayor, Members of the Council, since the decision is not final until
written findings have been adopted by the Council, the Council has the ability to
reconsider its decision. If it moves to reconsider, what that requires, then, would be a
reopening of the issue. If additional testimony and the information is going to be
received, which in this case it would be this change to the Comp Plan, so, yes, there
would need to be a reopening of the Public Hearing, a noticing, mailing, all of those
things to folks, so that they have the opportunity to come back and speak to the issue in
light of the revised Comp Plan language or any other amendments that the applicant
might want to make to the project. But it would require a reopening of the record and a
new Public Hearing for that.
De Weerd: Mr. Rountree, does that answer your question?
Rountree: That answers my question.
De Weerd: Okay.
Rountree: And with that we still have discussion. If all the planets line up with that
explanation, it's still in a Public Hearing process, I don't have any difficulty with the
reconsideration thought, but I'm not sure what that buys anybody.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Meridian City Council
June 8, 2004
Page 8 of 58
Nary: Yeah. And I don't know that it buys anybody a whole lot, other than simply the -- I
guess not having the develop -- the developer simply resubmit the same project over 60
to 90 days from now. If we are going to be readdressing this at some juncture within 90
days to 120 days, it doesn't make a lot of sense to resubmit it and I think that was -- and
that was, really, my only reason. It wasn't because I think -- and I think I made it clear to
Mrs. Powell, I think there wasn't any -- there wasn't -- it wasn't that everyone only
focused on one issue, it's just that that was the only necessity that we needed to focus
on a week ago. If that necessity may be changed at that particular point, we could
certainly reconsider the rest of it, but it makes really no difference to me if we want to
not reconsider it, they would just simply resubmit it and we will have it back in front of us
anyway, the same folks that have had concerns will express them to us again, it will go
back through the planning and zoning process and it will come back to us. It's simply
the -- I guess the one advantage to doing this from the applicant's standpoint is they
don't have to go back to the Planning and Zoning Commission and probably for the
people that are opposed to it, they don't have to go back to the Planning and Zoning
Commission again to express their same concerns, they are going to have to come
here, because this is really, ultimately, where the final decision is going to get made.
So, I guess if you're looking from that perspective, then, I guess from that I think there is
some value to that.
Rountree: Yes, I do.
De Weerd: I guess, Mr. Nary, I would ask -- and Mr. Nichols, if the reason for denial was
just that, you don't get the basis for the applicant on what they need to change, if they
wish to resubmit it, or if those things were offered, if they wish to resubmit it for your
reconsideration, those would be a significant change that it would probably necessitate
going back to Planning and Zoning. So, I would just offer those observations as well.
And, Mr. Nichols, I guess when it was denied, was it denied based on just that reason or
were there additional incompatibility issues also stated, since none of us can pull any of
that up? I would go by your memory.
Nichols: Madam Mayor, Members of the Council, let me look at my notes for just a
minute. Madam Mayor, Members of the Council, I would like to look at the minutes,
which I don't have, but the -- my notes indicate the primary reason was the lack of
compliance with the Comprehensive Plan.
De Weerd: Which is still a valid reason, since that has not changed.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I got a question. I'm kind of like Charlie. If we pass this for reconsideration, they
can come back to us with, basically, the same thing, as I understand. How -- how major
of a change can they make or -- I know we can -- we can, in a preliminary plat or a
Meridian City Council
June 8. 2004
Page 9 of 58
CUP, we can make some changes ourselves. How much -- how much can they make
without having to go back through Planning and Zoning? I'd like that answered by the
attorney.
De Weerd: Okay. Mr. Nichols.
Nichols: Madam Mayor, Members of the Council, r think I have said this before. It
depends on -- it's one of those things that you will -- I hate to say this, but you'll know
when you see it, to quote Potter Stewart. When you see -- you will know if it's a
significant enough change to -- it involves enough issues that you want planning staff to
be able to evaluate it further, the Planning and Zoning Commission to have the benefit
of their recommendation -- there is no definitive standard. I would say if you believe it's
substantial enough to warrant going back, that's the definition.
De Weerd: Okay. Council?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I guess so we can move on from this point, I would move to reconsider Items 8, 9
and 10, the Southwood Subdivision rezone, preliminary plat, and CUP for
reconsideration by this Council -- I guess after -- I think we are looking at least 90 days
out. I don't know that we need to set a date certain, since we are going to have to
provide notice, but at least beyond gO days from now. So, beyond the 1 st of September
for another Public Hearing.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to reconsider Items 8, 9, and 10, to
bring it back after a gO-day period. Is there any further discussion? Mr. Clerk, will you
call roll?
Roll-Call: Bird, nay; Rountree, yea; Wardle, nay; Nary, yea.
Berg: Madam Mayor?
De Weerd: Nay.
MOTION DENIED: TWO AYES. TWO NAYS. MAYOR NAY.
Item 11:
TE 04-002 Request for a one year Time Extension on the Conditional Use
Permit (CUP 03-002) for Meridian Academv for an additional public
school classroom building by LKV Architects - 2311 East Lanark Street:
De Weerd: Okay. Item 11 is TE 04-002. Okay. We can go ahead and do Item 11.
Meridian City Council
June 8. 2004
Page 10 of 56
Siddoway: Okay. Madam Mayor, Members of the Council, this is a request for a time
extension for a Conditional Use Permit, which was CUP 03-002 for Meridian Academy.
They received a Conditional Use Permit for an additional public schobl classroom
building that is in jeopardy of expiring before they begin construction. They have
requested this time extension to extend the Conditional Use Permit for one year. The
original findings for this were approved on April 18th of '03. This extension would
appear to extend that approval to October 18th of '04 and I will stand for any questions.
De Weerd: Council?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: They wanted an extension for one year and they want it until October '04?
Siddoway: Well, I just calculated it. They actually in the letter --
Bird: That's a little longer than a year.
Siddoway: Well, it's a year from 18 months. It doesn't expire until October of this year.
Bird: Oh, I thought you said April of 2003 --
Siddoway: That's when it was approved. But the CUPs are good for 18 months.
Bird: Okay.
Siddoway: Unlike the plats, which are good for 12.
Bird: Okay. Thank you.
De Weerd: I think, Steve, it's so unusual we get a request this far ahead.
Bird: Ahead of time. Yeah.
De Weerd: Usually they are behind the ball.
Siddoway: Yes.
De Weerd: So, any further questions, Council?
Bird: I have none.
De Weerd: Okay. Do I have a motion?
Meridian City Council
June 8, 2004
Page 11 of 58
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we approve the time extension for the Meridian Academy, CUP 03-002, to
October 1 st, 2004.
Rountree: Second.
De Weerd: Is that October 2005?
Bird: Yeah. 2005. I'm sorry. We are in 2004 now.
De Weerd: Okay. It's been moved and seconded to approve the extension to October
1st, 2005. Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 12.
Public Hearing: Idaho Community Development Block Grant for
Louisiana Pacific:
De Weerd: Item 12 is a Public Hearing for the Idaho Community Block Grants for
Louisiana Pacific. We are in the Public Hearing portion of our agenda. For anyone
wishing to provide testimony during this next phase of our agenda, Items 12 through 21,
we do require by ordinance that those wishing to testify are sworn in. So, if you will all
raise your right hand. Although staff doesn't have to. Sorry, we have to do that all the
time.
Bird: Yeah, they do.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God? If so, answer I will.
(Affirmative answers.)
De Weerd: Thank you. Okay. I guess Steve can't present this. I would ask Leslie
Toombs from Sage to present this application. I did open the Public Hearing for Item
12.
Toombs: Thank you, Mayor de Weerd, Members of the City Council. My name is Leslie
Toombs with Sage Community Resources. I believe you have in your Council packets
an outline of the -- this project. It's an application for Idaho Community Development
Block Grant funding on behalf of public infrastructure improvements to allow for the
Meridian City Councit
June 8, 2004
Page 12 of 58
ex"pansion and creation of jobs for the Louisiana Pacific LP polymer plant in Meridian
and also here this evening is Mr. Ken Robke, who is the plant manager of the Meridian
facflity. There is this information provided on the back table for those who are
interested, but to go through the purpose of this Public Hearing is to allow the citizens of
Meridian to have input on the development of Idaho Department of Commerce
Community Development Block Grant application in accordance with the Meridian
citizen participation plan. The community development block grant program was
enacted by the Community Development Act of 1974, which authorized HUD to operate
the program. This is a federal program that distributes funds to Idaho cities and
counties directly through the Idaho Department of Commerce and Labor. Cities and
counties are the only eligible applicants to this program. Grant dollars available to the
state of Idaho this year are approximately five million dollars in public improvement
grant funding for business assistance where a national objective to serve a low to
moderate income population is met. This application meets the national CDBG program
objective through the creation of a minimum of 39 new positions, of which not less than
51 percent will be held by individuals meeting LMI criteria. The grant application
deadline is June 21 st, 2004. The application handbook is available for review at city
hall and also here this evening. The description of the project is the City of Meridian is
proposing a project, which will provide public electrical power infrastructure
improvements to assist the Louisiana Pacific Corporation's Meridian LP polymer plant in
a planned 14.6 million dollar expansion. The expansion will create a minimum of 39
new manufacturing positions, of which a minimum of 51 percent will be held by
individuals meeting LMI criteria. Subject to the available funding, the project will consist
of the following: Construct a ten mega watt utility feeder line from the Idaho Power
Meridian substation to the LP polymer plant located at 420 West Franklin Road,
Meridian. Also provide upgrade improvements to the Meridian substation required for
the provision of the proposed utility service expansion. The cost estimates for the
project were provided by Idaho Power. These figures are estimates only and in
discussions today it's within about 10,000 dollars of the costs that are listed here. There
is funding for planning and administrative costs and, then, construction costs. The
sources of the funding are currently estimated at 405,022 dollars. Private cash amount
has been committed to the project by Louisiana Pacific. The grant application for the
CDBG funding would be for approximately 209,426 dollars, with private cash
contribution of 125,596, for a total of approximately 405,022 dollars. The draft
application document is available for review until Tuesday, June 15th, 2004, at 5:00
p.m. The draft application will be available at city hall during regular business hours of
9:00 a.m. to 5:00 p.m. Comments regarding the project should be made in writing for
those who do not choose to speak verbally this evening for the next five days.
Following satisfactory resolution of any comments or questions, the hearing will be
closed. We ask that you send your comments directly to my attention; Leslie Toombs at
Sage Community Resources and my address is listed on the information in the back.
We also asked that the Council agree to sponsor this application, to authorize the
Mayor, if you choose to, sign the application to submit to the Idaho Department of
Commerce.
De Weerd: Thank you, Leslie. Are there any questions by Council?
Meridian City Council
June 8. 2004
Page 13 of 58
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just a quick question about -- the grant requires to create not less than 51
percent of jobs held by individuals meeting the LMI criteria, not that the project lies in
the LM I census track; right? Is that --
Toombs: This is correct. And it does not mean that it's a low paying position. It's a very
good paying position with full benefits, but those individuals hired, minimum 51 percent
will have to meet LM I criteria.
Wardle: Thank you.
De Weerd: Thank you. Is there anyone else who would like to provide testimony on this
application? Nothing to add? Okay. We will be traveling to present this application as
well in July. I believe it's on the 22nd -- 21 st or 22nd. It's a moving target, but -- and I
will be there to present, in addition to Ms. Toombs and one of the LP representatives.
Are there any further questions?
Bird: I have none.
De Weerd: This does need to be continued to June 15th for any further written
comments.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue the Public Hearing for Idaho Community Development Block
Grant for Louisiana Pacific until June 5th, 2004.
De Weerd: June 15th?
Bird: 15th. I'm sorry. I'm sorry.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to continue this Public Hearing on
Item 12 to June 15th, 2004. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 13:
Continued Public Hearing from May 25, 2004: AZ 03-038 Request for
Annexation and Zoning of 21.38 acres from C-2 to C-G zones for
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June 8, 2004
Page 14 of 58
proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. -
Northeast corner of East Victory Road and South Meridian Kuna Highway:
Item 14:
Continued Public Hearing from May 25,2004: PFP 03-007 Request for
Preliminary Final Plat approval of 4 commercial building lots on 21.38
acres in a proposed C-G zone for proposed Mussell Corner Subdivision
by Pinnacle Engineers, Inc. - Northeast corner of East Victory Road and
South Meridian Kuna Highway:
Item 15:
Continued Public Hearing from May 25, 2004: CUP 03-071 Request for
a Conditional Use Permit for a Planned Development to allow the
construction of a combination feed store and gas station / convenience
store on one of the proposed lots and to allow the existing commercial and
residential uses to remain and the property for proposed Mussell Corner
Subdivision by Pinnacle Engineers, Inc. - Northeast corner of East
Victory Road and South Meridian Kuna Highway:
De Weerd: Thank you. Okay. Items 13, 14 and 15, it would be very helpful to have our
-- the applications in front of us. We can ask staff to give an overview and -- and I
guess hear from the applicant and, then, after that you will have to decide on how you
want to proceed. So, Steve, I will go ahead and open Items 13, 14 and 15, the
continued Public Hearing.
Siddoway: Thank you, Madam Mayor, Members of the Council. This is a continued
Public Hearing for Mussell Corner Subdivision. It's an annexation and zoning
application, as well as a preliminary/final plat and Conditional Use Permit. Before going
into too much detail, has the Council had the details of this project presented in any
form yet? I know it's been continued twice, but I was under the impression that it had not
had a presentation yet.
De Weerd: That's correct. We haven't.
Siddoway: Okay. The location of the project is at the intersection of Meridian Road and
Victory Road south of the interstate. The annexation request is for the full 21.38 acres.
They are currently zoned C-2 in Ada County and would be looking to annex to the city
as a C-G zone. You can see the aerial photo here and the preliminary plat. The
preliminary plat is for four commercial building lots on the same 21 acres. It's a little a
difficult to see the lots on here. I'm going to step forward to this one. You can see one,
two, three, four lots. The corner lot is proposed to have a new feed store -- feed and
seed store, Double D, as well as a gas station. The lot above it is proposed just for
future commercial at this time and would remain vacant. The other two currently house
the existing businesses of Victory Greens Nursery, the associated retail business that
they have there, and the sprinkler business and their office and there is a residence on
the same lot, I believe. The Conditional Use Permit is proposed to allow that -- the
remaining -- the existing commercial and residential uses to remain on the property, and
this is a site plan of the one site which they have a detailed proposal for with the
Meridian City Council
June 8, 2004
Page 15 of 58
proposed Double 0 supply store and gas station facility right on the corner. Meridian
Road is along the south here and Victory Road is there. The recommendation before
you from the Planning and Zoning Commission is for denial. It was heard by the
Planning and Zoning Commission on March 4th and 15th. The reasons for denial are
spelled out in the recommendation. They have eleven points in the CUP, ten in the
preliminary final plat and seven in the annexation and zoning. It's been on two past City
Council agendas on May 11 th and May 25th. Both were continued ahead of time to
give the applicant a chance to work out some of their access issues with lTD. I believe
that those were acted on by ITD last week, but I'll let the applicant address that. And
there are no findings in the staff report or in the recommendation for approval, because
the recommendation is for denial, and so if the Council chooses to approve the project
tonight, it would need to be remanded back to staff to prepare findings for approval,
because there are none at this time. But with that I will stand for any questions.
De Weerd: Steve, if you could, please, list off the reasons for denial, since we do not
have our computers on in front of us. Would Council like those listed off or --
Bird: Yes, I would.
De Weerd: Okay.
Siddoway: I believe the Conditional Use Permit recommendation has them all. First, the
site currently lies outside the five-minute response zone goal for the fire department.
Next, there are not -- why don't I put this up on the board up there, then we can all see
it. Would you like me to go ahead and read them into the record?
De Weerd: Yes.
Siddoway: Okay. So, the second item was there are not any developments in the area
that have developed in a fashion similar to the proposed rezone, i.e., commercial. The
third is the proposed amenities are not appropriate to the size and uses of the proposed
development. Fourth, the proposal to operate a gas station, convenience, feed store
may be disturbing to the neighborhood. Fifth, the proposed gas station, convenience
store, may involve inactivity's, processes, materials, equipment, and/or conditions that
will produce additional traffic noise, fumes, and odors, as well as negative -- other
negative public impacts. A proposed use that is to remain the single-family home is not
principally permitted in the proposed zone. The applicant is not proposing to bring the
existing uses that are to remain, signage, landscaping, public infrastructure, sidewalk,
bike lanes, screening, drive aisles, or parking into compliance with current city code.
The proposed access points to Kuna-Meridian Road, State Highway 69, do not meet the
location requirements of ITO or action item two in Chapter 7, Goal 4, Objective 0 of the
Comprehensive Plan. The proposed building setbacks, landscape waivers, and lack of
a frontage road are accounting for additional right of way on Kuna-Meridian Road does
not meet policies outlined in the Comprehensive Plan and Meridian City Code. Existing
violations to Ada County Code, Title 8, on this property and without annexation the city
does not have jurisdiction to approve the development, which they had already
Meridian City Council
June 8,2004
Page 16 of 58
recommended denial of. I'm not able to speak in any detail of these, but I know that
there -- when I was at Planning and Zoning Commission, there were existing
noncompliance issues with Ada County. They had continued them once to give them a
chance to bring those items into compliance before and annexing it and it is my
understanding that they -- that one item was done with the removal of a light, but of the
other items that were code enforcement issues for Ada County had not been taken care
of. There is a noncompliance issue with ACHD regarding an existing driveway off of
Victory Road and, then, the ITD access issues off of Meridian Road were probably one
of the most significant issues that they have been trying to workout with lTD. At the
time they were proposing no frontage improvements along the existing business. We
made -- I believe the applicant may be proposing to have agreed to make those
improvements, but I'll let him speak to that and I'll stand for any questions.
De Weerd: Okay. Council, any questions at this time? Okay. Thank you. Is the
applicant -- Dave, if you could put that on -- up on the stand, so everyone can see that.
McKinnon: Be happy to. Well, we can see it, but I don't know if the people on that side
of the room can see it.
McKinnon: Madam Mayor, Members of the Council, Dave McKinnon, 735 S.
Crosstimber. I think everybody on this side of the room has already seen it.
De Weerd: Oh, They are all --
McKinnon: They are all here in favor of the program tonight. So, I think the people I
want to impress are sitting in front of me tonight, so -- instead of off to my left. Mayor,
Members of the Council, this is kind of an interesting situation to be in. I'm, actually,
pretty lucky to be in this situation. I have been lucky to have some good clients on this
project. We have got a developer, Layne Yost, has had developed in this town before
and they are willing to do what it takes to make this a nice project and I have got a
client, Double 0 Feed and Seed, who has an old building in downtown that would like to
move into a new building, into a different portion of town that would better suit their
needs. Currently right now Double 0 Feed and Seed is located in downtown Meridian.
It's not very often that you find a feed store in the middle of a downtown area, but that's
what we have. They are trying to move further out from the downtown and that would
open up some space within the downtown area. Obviously, as you can see from this
picture that I have put up on the tripod that you can see, is that this is a much prettier
building than we currently have downtown for the Double 0 Feed and Seed store and I
just point that out based on status quo, this is a much nicer thing than what we have
previously got. I mention that this is an interesting situation. It gets further complicated
by the fact that we are trying to do what the Comprehensive Plan has asked us to do.
They have -- the Comprehensive Plan that was adopted in 2002, set this area aside as
commercially zoned property. We are designated for a commercial use and we have
proposed a commercial use and the staff -- that list that you saw in front of you, had
taken the Comprehensive Plan and taken the text of the Comprehensive Plan and said
this doesn't comply with the Comprehensive Plan, because it's commercial and it might
Meridian City Council
June 8, 2004
Page 17 of 58
disturb the neighborhood and there is no neighborhood surrounding it. And I will get to
those bullet points and we can go through each one of those bullet points. Previously in
the past I had written memos that went through and hit each one of those items, but I
want to ask you to read through those, as we can go through those in a few moments.
The Comprehensive Plan shows this as commercial and we want it to go commercial.
Unfortunately, we have run into a problem. The biggest problem we have run into, as
you will see in the staff report, is access. It's access, access, access. In August of
2002 when the Comprehensive Plan was adopted, it wasn't envisioned at that time that
all access on the type four roadways would be limited to half mile and mile intersections.
Even in the past six months the City of Meridian has approved projects on State
Highway 69 with access in locations other than at the half-mile location. The problem
that Meridian's run into several times -- Steve, if you can go back to the Southwoods
proposal. Southern Springs just recently in the past four or five months, recently
approved by the city -- keep going if you could, Steve. One more to the -- there we go.
Southern Springs, a commercial development, was recently approved by the city with
multiple access points onto State Highway 69. At that time there is no letter of
recommendation written from ITO. Staff did not write anything in opposition to that and
now they have been working with ITO to get -- to have those accesses. Just like we
have been denied from ITO an access point, that project was denied access points as
well onto Highway 69. That project had three deeded accesses from ITO, just as this
project does from ITO and ITO has now granted them at least one of those accesses.
So, we will work with ITO to get this situation worked out. ITO has constantly worked on
trying to limit the amount of interruptions on state highways, State Highway 69, Chinden
Boulevard, Eagle Road, specifically, in the City of Meridian -- Meridian proper. As you
remember, those of you that were on Council and on Commission when Lochsa Falls
was approved, there was a great deal of discussion at that time to limit the access. This
isn't a new issue, it's just an issue that's become more prevalent as developments
happened on Highway 69. And ITO writes a letter to all applications and they actually
addressed it to the city, that goes ahead and states their request and I know you have
met with ITO, but I just want to read to you just a little bit out of this letter. It doesn't say
that they can't allow the access; it just says that they would like not to have the access
points at those locations. It just says that access to principal arterial type four roads will
be at intersections and spaced at one-mile intervals in rural areas and half-mile intervals
in urban areas. Approaches other than at intersections may be permitted in special
cases on a temporary basis as follows and it gives three different reasons. Allow until
state highway system improved by construction project, at which time an access will be
provided to the property, which may not directly access the state highway system, but
may be via frontage or back-age road. Shall be recorded at the county recorder's office
and temporary access restrictions will be noted on the permit. ITO's not exactly asking
for a denial, they are saying we'd like not to do this, but there are certain occasions
where we may permit this and I think we are running into a situation here where we
have a commercial designation on the Camp Plan for 22 acres and we are limiting the
access to that on the state highway to two locations on Victory Road, which require a
commercial development to move all the way a quarter mile to the north off of a county
road and, then, back out onto the county road before being able to access the highway,
that puts a large burden on this property. Steve, if you can go forward to the aerial just
Meridian City Council
June 8. 2004
Page 18 of 58
like that of this project. That will work great right there. If we want to limit this to the
half-mile intersection, we run into a couple of problems with this site. We currently have
a house and a small cul-de-sac development and to the north of this we have another
small cul-de-sac development. The opportunity for a half-mile collector road or a half-
mile frontage road to access this site being built in the near future is very limited, based
on the fact that we already have development north of this site. Granted two accesses
by ACHD off of Victory Road. There will be no access points located along ITD -- along
ITD's right of way, if ITD has their way. ITD has a process. We just received today
written denial of our request for the accesses from District Three. I have a copy of that
if you'd like to see it. We received a written denial. After there is a written denial from
District Three it goes to headquarters. Headquarters takes action and, then, they write
a letter denying or approving that requested access. At that point we have the
opportunity to appeal and that's what happened with the Southern Springs project to the
north of this site. They appealed it and ITD worked with them and we'd ask for the
same consideration, that we be given the opportunity to work with ITD to have those
accesses and be granted those accesses per ITD's requirements. Keep in mind we do
have three deeded accesses and those are accesses deeded from ITD to the property
owner Tim Mussell to have those three access points. We are not asking for something
we don't already have deeded to us, we are asking for some sort of mediation with ITD
and to be given the opportunity to work with ITD on that. So, that's the biggest issue
that we are running into on this that I see is the access, access, access issue. We'd like
to have all three. If ITD says we can have one or two or three, that at least gives us
access onto that and it would be something we would work out with ITD and that's
something that we would ask of you tonight to give us the opportunity to work with ITD
to be able to have that access from ITD, rather than a denial of this project based on not
having access at this time. It takes time and money to get through the ITD process and
we are in the middle of that process right now. A couple other issues that Steve hit on
that were in the bullet points and I'll hit on those and these are just some special things
that Craig Hood had pointed out in his April 15th memo. It was the last staff memo that
you should have received on this issue and one of the issues was dealing with
landscaping and we stated at the Planning and Zoning meeting that we would be willing
to do the landscaping that's needed. We don't have conditions of approval. There was
not a point where the staff said we'd like you to put landscaping across the whole
frontage of all these lots; we just said none has been proposed. This site's currently a
nursery. We have got the access to landscape material and we can go ahead and build
the landscape material. I know there has been discussions with Tim Mussell, the owner
of Victory Greens and the owner of this property, to go ahead and landscape that and
that can be worked out and we are willing to do that. As far as the issue regarding
building setbacks, in the staff memo there was some discussion about the Idaho
Transportation Department wanted to have the build out for this road to be 240 feet
wide or 120 feet from centerline. That's not the case. The letter states that they would
like 70 feet from centerline if there is a frontage or back-age road system provided. Not
that it has to be a public road or a private road, but a cross-access agreement between
all the properties along this road, as long as there is cross-access between the parking
lots, ITD considers that a frontage road or a back-age road. It doesn't have to be a
publicly dedicated road. And the idea that the buildings would sit on 120-foot setbacks
Meridian City Council
June 8, 2004
Page 19 of 58
was just a misunderstanding. Craig Hood and I have worked that out and have also
had a chance to talk with ITD concerning that issue. The issues regarding open space,
public parking, and drive aisles, we have -- we talked with the Planning and Zoning
Commission, we were willing to go ahead and pave all the drive aisles.~ [n fact, we
would be closing one drive aisle that currently exists on Victory Road and those of you
that have gone to Victory Greens to purchase landscaping in the past, it's the middle
access, the one that goes right up to the house, we have agreed to close that and
agreed to go ahead and pave all the parking for that area and to pave the parking within
the subdivision and to make sure that those areas that are being driven on by vehicles
that don't rip up asphalt -- again, keep in mind this is an active nursery and there are
skid steers out there that can rip up asphalt, as we discussed with the Commission, and
they seemed to agree with that, that it would be okay to allow some area not to be
asphalted where the skid steers were driving and picking up rocks and plants. Public
services. The first item that you see on the bullet points was that this lies outside of the
fire department's five-minute response area. I have had numerous conversations with
Joe Silva, including one today about that. This currently lies outside of the five-minute
response area, but we are not annexing this into the Meridian Rural Fire District, this is
already part of the Meridian Rural Fire District. In talking with Joe, I said, now, Joe, if
we were to bring water to this site with fire hydrants and sprinkle this building, would
that be better or worse for the fire department, would that increase the fire safety of this
if we brought water and sprinkled the building and he said that's an obviously -- that's an
easy question to answer, Dave. Yes, it would be better to have fire services available at
the site. Currently there is not a fire hydrant available to this site and if this were to
catch on fire, alternative fire relief would be necessary. There is no sprinkling of the
existing buildings and no water currently availab[e from the domestic system and so in
talking with Joe it's, actually, a better situation for them than currently exists under the
status quo. Steve, if you will go ahead and move forward to the plan now. Thanks. I
appreciate that. As you can see right now, we are currently asking for just four lots
within the subdivision. A basic subdivision. The owner of the property, Tim Mussell,
would like to be able to continue selling his rocks from this portion of the area and to
continue to run his nursery and the existing pipe business down in this location. The
gas station would be located on this lot and an additional building lot in the future to be
built at this location. As this is a Conditional Use Permit for a planned development, the
additional buildings built on the site would be in compliance with -- that would match in
design of the building that you see in front of you with the wainscot, the metal roof, and
the small -- and the nice roofline that you see here. It would be built in compliance with
that. Steve, if you could go really quick to those conditions of denial they were asking,
just go real quick through those point by point. [f you can just pull it down a little bit.
De Weerd: Dave, just to let you know, you have three minutes left.
McKinnon: Okay. I'll go fast. I'll lump everything together. Developments in the area
that haven't developed in a similar fashion. This is the only area on the Comprehensive
Plan in this area that's commercial. Obviously, we are not going to see other
commercial developments in this area develop in a similar fashion, because this is the
only commercial area. The proposed amenities are not appropriate for size and use.
Meridian City Council
June 8, 2004
Page 20 of 58
It's a nursery; it's really hard to figure out what type of amenities make sense for a
Conditional Use Permit that's a nursery. The proposal to operate a gas station may be
disturbing to the neighborhood. Irs not lying adjacent to any neighborhoods, it's laying
adjacent to a nursery right now. There is no neighborhood around this. There is some
small residential lots around this and those people have contacted me saying they
would like to see water and sewer brought down to this area, because they'd like to
hook onto that. The proposed gas station may involve activities, processes, materials,
and equipment that would produce additional traffic, noise, and fumes and odors. If a
gas station doesn't make sense on an arterial and on a collector where there is no
residential, where do they belong? That's the proper location for one, away from
residential, in commercial area. The proposed use is to remain on site. There is a
single family home that's used as the office for the station, that's why we are going
through the Conditional Use Permit. It's not principally permitted, but can be through a
Conditional Use Permit. The applicant is not proposing to abandon existing uses -- to
remain. We will do that. We haven't received any conditions of approval for this and we
are willing to meet those. Proposed access points on Kuna-Meridian. I have addressed
that. We'd like to work with ITD to have those access points. We don't want to give up
on ITD because they said no the first time, because they have in the past granted those
accesses for others. The proposed building setbacks, waivers, lack of frontage road,
there would be a frontage road. Like J said, in talking with ITD, a combined access for
the parking lot works. Steve, if you could slide it up. Existing violations of Ada County
code. There were several existing violations on site. Those have been addressed. I
have got a letter to that extent from Ada County Development Services. It was written
by Mike Williams, the code enforcement officer. There were several things that needed
to be taken care of that were in violation. All but two of those have been taken care of
and two of those hinge on whether or not this project gets approved. One was to do a
one-time split. If we are subdividing and annexing to the city, a one type split would not
be necessary. The other issued had to deal with screening of an existing use and the
county has stated that if the existing use is brought into the city, the screening
requirements for the city would come into play, rather than Ada County's, so that's why
it hasn't been addressed yet. As far as without annexation, the city does not have
jurisdiction to approve a development plan for this site. That's just your legislative
authority as the Council. You have the ability to annex this property and to put
conditions and approval onto this site. We think we have an improvement of what we
currently have on site right now. I believe this will improve the downtown area by
moving an inappropriate use out of the downtown into a gateway area. We will have a
beautiful building; it would be fronted by 35 feet of landscaping, as required by the
landscape ordinance. This is a good project with good developers. I'd ask for your
approval tonight and ask if you have any questions at this time.
De Weerd: Thank you, Dave. Council, any questions?
Bird: I have none at this time.
Meridian City Council
June 8, 2004
Page 21 of 58
De Weerd: Okay. Thank you. Is there anyone else who would like to provide testimony
on this application? Okay. Please come forward. Please state your name and address
for the record.
Veneziano: My name is Jose Veneziano and I'm at 403 East Fairview.
De Weerd: Your time's up.
Veneziano: Already? All right. Bye-bye.
De Weerd: Will you, please, spell your last name?
Veneziano: V-e-n-e-z-i-a-n-o.
De Weerd: Thank you.
Veneziano: And good evening, ladies and gentlemen and Madam Mayor, Councilmen.
Well, I would love to see this happen for two reasons. One, it takes away a lot of traffic
from this city. Two, it benefits my business and all the other businesses around. There
are five subdivisions around it and they all will benefit out of this project and, best yet,
where is a better place to put a gas station? Thanks.
De Weerd: Thank you. Any questions, Council?
Bird: I have none.
De Weerd: Thank you. Would anyone else like to provide testimony on this application?
Okay. Any last words from the applicant or any questions from Council for the
applicant?
McKinnon: I guess I don't need to offer rebuttal to no comment, but I just -- we think it's
a good project and makes sense for the area. There is a demand for that. There are
vehicles that utilize this area. We do realize we have an issue to workout with ITD and
we are willing to work with ITD to get that resolved and we'd like to have the opportunity
to do that. Thank you.
De Weerd: Okay. Council, questions for Dave? Okay. Any discussion or further
information that you need before I would accept a motion to close the Public Hearing?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I wondered -- Steve or the chief, on the issue on the response time and the
building being sprinkled and having a hydrant and that, I know Dave's testified to it, but I
Meridian City Council
June 8, 2004
Page 22 of 58
d6n't know -- I mean was there -- did you have any comment or input about that?
Bowers: Madam Mayor, City Council, Councilman Nary, and several years ago the
Council and the rural wanted us to put that stipulation on all of our transmittals that was
coming through. I talked to Deputy Chief Silva this afternoon and he stated that there
would be water hydrants and sprinkler system at that building, so we would not be
concerned at that time.
De Weerd: Thank you, chief.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I've got a question for Mr. McKinnon. David, why is ITO wanting us to take action
before they take action? Do you have any reason why they would want to do that and if
you go back to the layout, I think -- do you have -- on the north end do you have the old
lane of Rumples there that goes up behind? Is that part of your access right there on the
north? I think it is, if you --
McKinnon: Madam Mayor, Councilman Bird, let me address that last issue about the
Rum -- what did you call that? What was the name of that --
Bird: It was -- Rumples used to live up there on it, yeah.
McKinnon: Rumples. Okay. I don't want to mispronounce that. The Rumple--
Bird: I used to play with him. Had to go pick him up. That's why I know it.
McKinnon: Okay. That's -- I went and bought rock there, geez, about four or five weeks
ago and that's the access I used. I believe that's the access he'd like to continue using.
It's an access that's currently under existence from ITO for that use. When JTO widened
the highway, oh, three or four years ago, that was an access that was granted to them
to continue using for the use that's currently there, which is the rock quarry that he has
to sell rocks and that's an access point that's currently utilized for the business and I
believe that that's something that Mr. Mussell would like to see continued. As far as
other questions, why would ITO like to see us -- like to see you take action? It's been --
it's a different situation. In the past ITO had written letters saying this is what our
recommendation is and the city has taken action and it's gotten to the point now where if
we are dealing with -- I wouldn't say that this is ITO asking the city to take action first, it's
just the way things have worked. In the past people have gotten approval from the city
and, then, worked things out with ITO, just like Southern Springs and how that
happened. ITO's becoming a lot more aggressive in trying to protect their type four
roadways and they have come forward saying this is what our policy is and we want you
guys to do that and I think that there is going to be a paradigm shift really quick that
applicants are going to be going to ITO and working things out with ITO before they
Meridian City Council
June 8, 2004
Page 23 of 58
co"me to the city and since we have been caught in that shift right now, whereas we
applied for this and, then, we found out that there was the issues with ITO and we are
trying to work through those. ITO is not the fleetest of governments. They don't move
extremely rapidly. We have applied for the permit over two months ago and just
received notification today that it was denied. We didn't have any opportunity to testify
at their commission meeting, it's just a committee meeting, then, it goes to headquarters
and, then, we get to go into the appeals process. I have had other projects where it's
taken nine months to get through the appeals process and so I think what's happened is
we are caught in the shift right now in ITO policy, where we have to work these sort of
issues out with ITO before you will do that. I know that you have had your meetings
with ITO and you want to support ITO and their policy and I understand the reasons for
that, but at the same time I can see how this site and other sites that can be locked by
not having access need to be able to have those accesses issued from ITO and they
have a process for that and we are working through that. In the future, the accesses,
we are trying to work through those before we come to the city. It's a cart-before-the-
horse issue or a chicken before the egg. If we go to ITO and ITO says no, then, we
don't bring this to you, but if ITO says yes and we bring it to you and the city says, no,
monies been spent for good and bad. If you get denied by ITO, then, you know that you
get approved and, then, you come to the city and get denied, you've spend good money
after bad. So, it's just a cart-before-the-horse issue.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: It would seem like to me, logically, that if you put a frontage road running north and
south along Meridian Road and made your entrance up there on the north, that you're
probably, what, a third of a mile from the corner? I don't think there was too many of us
on the Council that like to see entrances close to any of those major corners like that,
but something like that, if you put a frontage road in there, is that possible to do and
would ITO do you think be more favorable to something like that?
McKinnon: Madam Mayor, Councilman Bird -- Steve, could you -- let me ask staff to
move forward to the -- there you go. The half mile location is right here, Councilman
Bird.
Bird: Yeah.
McKinnon: To go a third of a mile -- a third of the way up would put us -- half is there, so
a third would put us up where this access would be. ACHO were looking at this. Their
policy on a major arterial is 440 feet for a universal, 220 feet for a right in, right out. We
would go twice that to 660, which is what the deeded accesses are. That could work.
And, then, build a frontage road from 660 up and, then, down and that would provide
access for all of those and that's something that we would have to work out with lTD.
Like I say, we have got three granted accesses -- three granted deeds. We'd like to
keep those accesses, all three, but if we are limited to one, that's what we would have to
Meridian City Council
June 8, 2004
Page 24 of 58
live with. But, yes, that is a possibility and we would build that frontage road and
provide access to those lots.
Bird: Thank you, David.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Yeah. Dave, one of the areas -- I guess I didn't really hear a very good a,nswer to
is the amenity part of this planned development. What I thought I heard you say is, well,
it's a nursery, so, therefore, there is lots of landscaping and availability of landscaping,
but the report indicates -- it seems like what the staff focused on wasn't the fact that it's
a nursery, but the fact that there wasn't really any dedicated portion of this property to
remain as open space, it's simply where ever you move the trees around and the
bushes to is going to be your open space is what it sounded like.
McKinnon: Okay.
Nary: And you didn't really make that very clear and the other portion -- the other
second amenity is this sidewalk that the staff report indicates isn't very significant in
comparison to the size of this property. So, could you be a little more specific about the
amenities and what those are going to be?
Bird: Sure. I'd be happy to address those. Under Meridian Code 12-6-2, the planned
development ordinance, it requires the amenities to be appropriate with the type and
use of the site and this a commercial development that's largely inhabited right now by a
nursery and to figure out what types of amenities -- we sat down with staff on numerous
occasions, I worked with Craig Hood on this and Anna, saying what type of amenity do
you want to see here. Is it the ten percent? Is it the picnic benches? Is it the park
benches in front of the gas station? What type of amenities are appropriate? And one of
the amenities we came up with that would not be required would be a sidewalk on
Meridian Road. It's not required. It would be provided along that and that was one of
the issues. It wasn't one that was extremely applauded by staff, but it was one of the
amenities that we felt would be appropriate for a gas station. We have asked staff on
numerous occasions to offer suggestions as to what might be appropriate for a site that
would be a large nursery area and a gas station, essentially, at this time. And they said
that ten percent open space would be something that would be sought out and be
something that would be adequate, but the ten percent open space, when you have a
four lot subdivision, I guess would you like a dedicated lot that would be for that before
we know how it's going to develop in the future? In a development agreement -- and at
the Planning and Zoning Commission meeting I believe there was some discussion as
to saying in the development agreement at some point ten percent would be dedicated
as it develops. If you've got suggestions we are willing to take those. Again, we didn't
have conditions of approval or suggestions from staff as to what would be needed to
approve this site. We are open to putting in amenities, such as picnic tables for the
Meridian City Council
June 8, 2004
Page 25 of 58
ea-ting areas provided with the C-Store or the gas station, that's something that we could
work into the landscaping and provide an area for that, if you think that that would be
appropriate. That's something that we can do and bring that into the site. But you're
taking an existing nursery and trying to, I guess, shoehorn -- just saying this area now is
forever dedicated as open space limits the ability to redevelop that area. So, we are
just asking for some flexibility on that, Councilman Nary.
Nary: Madam Mayor, just a follow up.
De Weerd: Uh-huh.
Nary: And I think this is more of a comment, Dave, but I guess you have been here
plenty, you have seen us try to redesign people's projects for them and, then, really say,
you know what, this is not really our job and I guess that's just my little concern over that
particular point is, you know, it's unfortunate that between you and the staff you weren't
able to come up with some appropriate type of commercial amenities for this particular
site, but it isn't our job to design it for you, it's your job to convince us that you have met
the standards of what the ordinance requires and so it's really your responsibility to
come up with those and I'm going to assume that there are commercial PUDs out there
that have amenities of some sort, so, you know, we don't have to invent the wheel for
you, but it is your responsibility to show us compliance and I guess my comment is is
I'm -- I don't think compliance is we will figure it out later and that's kind of what I'm
hearing you say in this, we will figure it out, trust us, and I don't think that's good enough
at least on that point.
McKinnon: Councilman Nary, Members of the Council, It's a hard site. We have an
existing single family home and, like I said, adding some picnic area, some bench area
to the site is very easy, happy to design that. As far as the types of uses on this site,
amenities in the rock garden area, not appropriate. Amenities in the nursery itself, there
is not many appropriate areas for that. We are dealing with a single use on a single lot
for the gas station and the single use on that single lot is the gas station. That, in and of
itself, doesn't trigger the Conditional Use Permit. The area that triggers the Conditional
Use Permit for the planned development is the single family home located on the
nursery lot and the fact there is two -- there is two buildings on that additional lot. You
can see those buildings right here and the single family home located right here. Those
are the two buildings and that's what kicks this into a planned development. We asked
staff if we could just deal with those issues separately as a planned development and
they said we believe that this should be a planned development for the entire site, even
though there is a single use on a single lot within the subdivision for the gas station. So,
that's why we felt it would be appropriate to add the use of the sidewalk on that lot and
we can add an amenity to the gas station if you would like and we can do that as a
picnic table and eating area for that C-Station. We are happy to do that.
De Weerd: Dave, in the nursery, isn't there a landscaped area with a stream and a pond
and -- isn't that an amenity?
Meridian City Council
June 8, 2004
Page 26 of 58
McKinnon: It is, but it could go away -- it could go away. It's a nursery.
De Weerd: You don't want to commit to keeping that there?
McKinnon: The applicant would just like to make a comment if he could really quick.
De Weerd: Okay. If you will, please, state your name and address. Were you part of
the swearing in process?
Laney: I was not
De Weerd: Okay. If you will, please, raise your right hand. Is the testimony you provide
tonight the truth, the whole truth, and nothing but the truth, so help you God?
Laney: Yes, it is.
De Weerd: Thank you. Please state your name and address.
Laney: My name is Steven H. Laney and my address is 2849 East Hardrock Drive in
Boise.
De Weerd: Thank you.
Laney: And I guess just to address Madam Mayor and Council Members, there is a
pond -- and you correctly identified it You can see it, actually -- let me go over here
and touch it
Bird: Grab this mike. Mr. Laney, grab that mike.
Laney: You can see there is a pond area right here that, actually -- Tim Mussell spent a
fair amount of money and time developing a waterfall here that flows into a pond, there
are trees around it, it's pretty good size. You can see by -- you know, relative to the
2.48 acres here, you know, we are talking about at least an acre, if not more, and we
are certainly willing to leave this as it is, you know, as a dedicated open area. And it's
beautiful and he's done some fabulous work. He had a guy that trained with
Disneyland.
De Weerd: Named Brain something.
Laney: Yeah. He's just brilliant And he, basically, designed that waterfall and we are
willing to leave that dedicated as an open site and one other comment, if I may, is we
are not unfamiliar with the changing landscape of Meridian. We originally took the
downtown blocks at Generation Plaza over here and we bought that land and we put in
George's Cycle and the buildings there. That was basically our group that did that So,
we are not unfamiliar with the changing landscape of downtown Meridian and we would
like to do the same thing with the old Double D site is to, you know, take down what's
Meridian City Council
June 8. 2004
Page 27 of 58
there, even though it's a very nice operation, but it's a little bit ugly. Would like to take
that down and put something that kind of compliments the downtown in the way the
downtown is going, so -- and we have done that before, we have been successful at
that and we are certainly ready to do it again -- ready to commit to the city' that within a
certain time frame of getting approvaJ to go this direction, that within, you know,
whatever the time frame is, 90 days, 120 days, that we will demo that site, take
everything that's there down and, then, start working on, you know, trying to get a
professional complimentary use downtown. So, I guess long answer to what is the
pond, I guess that's my long answer back.
De Weerd: You said you would keep that as an amenity?
Laney: Absolutely.
De Weerd: Okay. Thank you. Any questions for the applicant Mr. Laney? Okay.
Thank you.
Laney: Thank you.
McKinnon: I guess we got a pond. Do you have any other questions at this time?
De Weerd: No.
McKinnon: Okay. Thank you.
De Weerd: Thank you, Dave. Okay. Council, anything further you need before we
close the Public Hearing?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: J'd like to make a statement while we are on the Public Hearing. I think this is a
very very good development. I think it's an ideal place for a gas station. I might be the
only one that thinks that, but it does cover a lot of subdivisions out there and people
don't have to run into town to get gas. We all know that it's -- at the price of gas you
don't want to go any farther than you have to to get a gallon of it. I think it's -- and 0&0
going out there I think probably helps their customers. They don't -- probably don't like
coming downtown any better than a lot of other people do at this point, because of the
traffic to get their feed and seed and all that. I think it's a very very nice development. I
have a -- I really would like to see a frontage road and just one entrance and exit off of
Highway 69 and I don't know if that's going to happen or not. I wish we had a ruling
from ITD already. So, I'm in a quandary of what we should do. I like -- I like the project
and I just really like it a lot better since the pond got stayed. So, I really like it now. And
I think it's an ideal place for a gas station and for the 0&0 deal, I really believe it is, so --
but we got to work out the -- with ITD the exits and entrances. That's my statement.
Meridian City Council
June 8, 2004
Page 28 of 58
De Weerd: Thank you, Mr. Bird.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I'm also going to agree with Mr. Bird as far as the statements in the
recommendation that there aren't other areas that have rezoned similarly and agree
with the gas station. One of the things that I didn't hear -- and we have certainly a
neighborhood here that we didn't hear with one of the past commercial developments, is
a large outcry not to have that -- that convenience store or that gas station as part of the
development. I'm also concerned with access. I'm not sure, really, how to go about
that. I think in my mind a lot of the landscape questions have been answered and
setbacks and those sorts of things, understanding that it's part of a four parcel
development and not -- and we are dealing mostly with the landscape. Existing
business within Meridian, that's kind of triggering a lot of those, and so as far as a
planned development and amenities, I think those questions have been answered in my
mind. The access issue hasn't, but I'm not sure how we get beyond that.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I think I'd agree with both Council member Wardle and Bird on this. I mean I do
think it is a great project. There is a lot more pluses. That single access on Highway 69
is really the only sticking point in my mind. I seem to recall the last time that we sort of
left it to ITD we have Krispy Kreme on the corner and we have an access point that we
all don't like, so -- no offense, Councilman Rountree. So, I guess I'm apprehensive in
simply approving it without making some statement about the access point along
Highway 69. I think -- I think the developer -- the applicant has made a good showing
on all the other concerns that were raised by the staff in regards to the buffers and the
amenities and the like, but that's probably the one point to me that I think that we need
to -- I guess since the Public Hearing is still open, if Mr. McKinnon wants to address
that, I think at least for me to support this project, I think the motion is going to include
that there be only a single access point on Highway 69 and if there is others along
Victory, that's fine.
De Weerd: I guess I would introduce for discussion -- you know, I, too, agree with
everything that's been said. This is going to be an excellent face lift to that whole
development and it's pretty exciting. I love that landscaped area and appreciate hearing
that we will keep the amenity that they have existing. I guess -- and I did talk to the
applicant. I don't -- I guess I should -- only -- not about the application, but about our
policy on -- in keeping with ITO's and I do believe that we have formed a relationship
with [TD to preserve these corridors, so we don't continue to have happen what we see
on Eagle and I think a lot of lessons were learned there. Until they have a connection to
Meridian City Council
June 8. 2004
Page 29 of 58
a lighted intersection at the half mile or where ever ITO is going to place the light here, it
does make sense to ask that they have some kind of a back-age or frontage or
whatever the term of the week is on that thing, but that that be put in, but they have
some kind of right in, right out access to the corner until that connection IS made to a
light and I guess that would be my only additional comment that hasn't already been
said.
Bird: Madam Mayor, would you tell me clearer now that I'd understand. Right in and
right out next to the corner on Highway 69 or are you talking on Victory?
De Weerd: I would talk on Highway 69 at the appropriate distance and I have heard
between the 400 and 600 area for a right in, right out and, then, have the designated
area that I think you were talking the Rumples or --
Bird: Yeah. Rumples.
De Weerd: So, that was just my suggestion. And if the applicant would like to comment,
he certainly has the ability to do that.
McKinnon: Madam Mayor, Members of the Council, I think that what you just said
makes perfect sense to us and the applicant. We realize that you do have that
agreement with ITO and you're willing to work with ITD and work with them and we
appreciate your willingness to work with us as well to find some sort of use that will work
for this site at this time and, you know, where that's a right in, right out at 400 or 600 and
what's deemed appropriate, we can work with that.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: My recollection from the staff report from Mr. Siddoway -- and, again, if Mr.
McKinnon needs to comment, I think because we don't have any conditions of approval
-- we actually have conditions for denial, I think before we close the Public Hearing on
this we probably should continue this matter for a couple of weeks to give staff the
adequate time to have conditions of denial -- or conditions of approval prepared, if the
Council is a mind set to do that. At least I am. If we think we have had a lot of jumbled
information, we are probably going to have to have a transcript to be able to be sure
that we cover all the points and I want to give the staff the adequate time to do that and
I don't know if two or three or four weeks would be more appropriate. Four? Four is the
high sign. Is four going to be adequate, do you think, Mr. Siddoway?
Siddoway: Mr. Nary -- or Mayor de Weerd and Mr. Nary, the site plan that we currently
have does not -- I believe, Dave, you can correct me -- have the design that we are
talking about with the frontage slash back-age road with the right in, right outs with that.
So, we need a site plan that addresses all these agreements, that we can respond to
and write conditions of approval for. These negotiations and the agreement that seems
Meridian City Council
June 8, 2004
Page 30 of 58
to -have been reached are all -- all good items, but they are not items that were shown
on the plan that was submitted and that the staff report was based on, so if we could get
a final revised plan that addresses the issues raised by Council, we could, then, take
that and prepare a revised staff report on that plan.
McKinnon: Madam Mayor, Members of the Council, we can agree to do that. We could
have something submitted by the end of the week.
Nichols: Madam Mayor?
De Weerd: Yes, Mr. Nichols.
Nichols: Madam Mayor, Members of the Council, but where does that leave this project,
even assuming those issues are worked out, until the ITD process is complete? I mean
do you want to have this left open until the process is complete, so that you know
exactly what -- how many accesses? Because if ITD says no, we are sealing off all
three, we are going to keep them -- call it inverse condemnation, call it what you want,
you're not going to get it, do you have -- I mean you see what -- they could come
forward with a site plan that has an access, but ITD says no. So, how would you
propose to handle that part of it, Mr. McKinnon?
McKinnon: Madam Mayor, Members of the Council, Mr. Nichols, the feeling that I got
from the Council was that we would need to provide a frontage road, regardless of
where any access would be and we could show an access that could be located in a
variety of areas, you know, from the requested area from ACHD from 400 feet to 660
and beyond. We can show that there is a frontage road or a back-age road to that.
What you see with a frontage and back-age road, the requirement is that you have a
parking lot with cross-access and as long as we can show that the cross-access of the
parking lot in front of the buildings provides access to each of the other lots, that that
access is provided. So, I don't believe that it's paramount right now to show exact
location of that access, but to show that an access can be provided within a certain
range or distance and show that there would be a connection between that and the gas
station to the south and the ability to go as well. So, we could show an access at some
location and it would be a floating location until ITD approves it, as long as we have a
frontage or back-age road that would provide connection both to the north and south.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Dave, it sounds to me like there is probably still a bit more work to do and the
recommendation we had was for denial. Would it be more appropriate to remand this
back to Planning and Zoning? Because you're going to have to make some significant
changes to the site plan, you have some commitments from this discussion -- again, I
Think the mood of the Council at the moment is that we are in favor of all of those
changes, but realistically it maybe should go back to the Planning and Zoning
Meridian City Council
June 8,2004
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Commission for that. I don't know that that really delays it any longer than us setting
this over for five or six weeks to get findings and a new site plan and all that done. I'm
not as concerned as -- about the access points, because if ITO says none of them and
us saying one is okay by us, isn't going to really make much difference. If ITO says two
and we say one, one it is. So, I think either one of those contingencies doesn't concern
me as much as whether or not Planning and Zoning should really be reviewing this
again, because you're going to be making significant changes from what they originally
looked at.
McKinnon: Madam Mayor, Members of the Council, these were all items that were
discussed with the Commission. At the time that the Commission voted to deny it, it
was a motion made by Commissioner Zaremba after asking Craig Hood -- he said do
you want to continue this hearing until we have the issues with ITO worked out. Craig
Hood responded: I don't want to baby-sit this project anymore. Commissioner Zaremba
made the motion to deny this project based on the fact that they didn't want to wait for
ITO. That was the reason for that, was for ITO's -- and they went ahead and based their
motion on the majority of that for ITO issues. The additional bullet points were
discussed at that meeting, it was discussed at that meeting that we would add the
additional landscaping and the frontage requirements at those meetings, but it was the
issue with ITO that was the straw that broke the camel's back, so to speak.
Oe Weerd: Mr. Siddoway, do you think that these would be significant enough to
remand? I guess they were all items that were discussed. I don't share the same
opinion, but --
Siddoway: I was not present at the P&Z hearing. My items J think were before it and,
then, had left and this was covered by Craig later in the meeting, but -- so I can't speak
for sure by my own knowledge as to what -- how much of it was addressed by the
Planning and Zoning Commission. It certainly will be nice to have all of these tied down
on one plan and based on what I know, it seems to be significant enough to warrant
P&Z to look at it, given the opportunity for a different -- somewhat different layout based
on the back-age road and access arrangement, which may affect that site plan. I guess
we could get some input from Oave as to whether it would significantly alter the layout
of those buildings as originally shown. If it does, then, I would certainly remand it back.
If it doesn't, then, it's just whether it needs to be remanded back based on the accesses,
the landscape buffers, the amenities, to get P&Z's buy off on those items as discussed
tonight.
McKinnon: Madam Mayor and Members of the Council, I just -- Steve, could you move
forward to the site plan that shows -- yeah, leave it right there and J will be right back.
Okay. Madam Mayor, Members of the Council, the reason why I wanted you to see this
site plan is to see that this is what ITO is considering the frontage or back-age road, is
the parking lot. It provides access -- it would be cross-access at this point. All the
buildings have to have -- there is going to be a 35 foot setback for landscaping from the
future right of way line and, then, you're going to have parking and, then, you're going to
have a building. So, as far as a major redesign of this site, there is no major redesign.
Meridian City Councit
June 8, 2004
Page 32 of 58
What it is, is if we have to take this access point and move it down here, we provide the
additional parking all the way across the front just to match this and you provide the
building, so it wouldn't be a redesign, it's just the location of where that road is. So, that
we are not talking about a major redesign. As far as landscaping, the landscape
ordinance covers what the requirements are for that. There is nothing major to do that,
it's one tree every 35 feet, plus some shrubs and bushes and some irrigation and you all
know Title 13 as well as I do, it covers the landscaping. So, there is nothing major that I
see there. We are just dealing with where the access point would be and, then, the
parking lot that's all connected across the front
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't know why we have to remand it back to Planning and Zoning. I don't think
it's that much of a change. Their denial reason was because of the access and they --
you know, they are making some changes, but it's the access that they basically did it. I
would like to see them get four weeks and bring it back before us and after the staff
gives their report and let's go on with it.
McKinnon: Thank you.
De Weerd: Okay. Thank you, Dave.
McKinnon: Thank you.
De Weerd: Was that a motion?
Bird: Well, we need to continue the public hearings and I would make a motion to
continue the public hearings for Items 13, 14 and 15, the Mussell Corner Subdivision.
Wardle: Second.
De Weerd: Was that to July 6?
Bird: To July 6th, 2004.
De Weerd: Okay. And the second agrees?
Wardle: Second agrees.
De Weerd: Okay. All those in -- oh, I'm sorry. The motion is to continue Items 13, 14
and 15 to July 6,2004. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSTAIN.
Meridian City Council
June 8. 2004
Page 33 of 58
De Weerd: Okay.
Siddoway: Madam Mayor?
De Weerd: Yes.
Siddoway: Just for clarification, the applicant is to get us the revised plan within a week
and, then, we have got a couple of weeks to turn around a report and -- a week prior to
the hearing, then; is that correct?
De Weerd: That is correct.
Rountree: Madam Mayor, would you have the record indicate that I abstain from the
vote?
De Weerd: Oh, I'm sorry.
Rountree: Thank you.
Item 16:
Public Hearing: MI 04-004 Request for a Miscellaneous request for an
amendment to the Development Agreement for Resolution Subdivision
No. 1 by Aspen Grove Development, LLC - south of East Overland Road
at Celebration Avenue and Gala Street:
De Weerd: Mr. Rountree abstains from the vote. The ayes, one abstention.
Okay. Thank you. Item 16. I'll go ahead and open the public hearing for Item 16, MI
04-004, with staff comments.
Siddoway: Thank you, Madam Mayor, Members of the Council. This is a miscellaneous
application, with a request to amend the development agreement for Resolution
Subdivision, specifically for Lot 1, Block 1 of Resolution Sub NO.1. At issue is that the
subject property, which sits in the lower right-hand corner or the southeast corner of the
subdivision and requires a Conditional Use Permit for all uses, regardless of zoning, in
compliance with their conceptual CUP and their development agreement. Most of the
other lots in the development have been through in the last couple of years for detailed
CUP approval. Recently there was an application submitted for Valencia Subdivision on
Lot 1, Block 1. It's been through Planning and Zoning and I believe is on the City
Council hearing for next week. One of the conditions of approval in the staff report for
that subdivision is the continued requirement for detailed CUs on all lots in that
subdivision. They have submitted this miscellaneous application to request that that
development agreement be amended to not require the detailed conditional use
approval. You should have a staff report dated June 8th that goes through most of the
issues. The analysis on page three hits the highlights with the development
agreement --
De Weerd: Steve?
Meridian City Council
June 8. 2004
Page 34 of 58
Siddoway: Yes.
De Weerd: Would you show page three?
Siddoway: Up here?
De Weerd: Yes.
Siddoway: Okay. It does show the subject property being subject to the development
agreement for RZ 00-003. It was approved as a conceptual CUP at that time. The
subject property was approved under that conceptual CUP for an ice rink. That ice rink
never came to fruition. The proposal now is to just convert it to six office lots. Because
the approval was conceptual in nature, the city required, through the development
agreement, a detailed CUP approval for all uses of the development. That condition to
require detailed CUP approval is a standard requirement per Ordinance 12-6-7, B. Staff
finds that the requirement for the detailed CUPs in this subdivision may be overly
burdensome and at least warrant the consideration of the Council as to whether they
desire to see those detailed conditional use permits come through for every lot or
whether they are agreeable to amend the development agreement as proposed by the
applicant. The proposed language has been reviewed and recommended for approval
in the report and I would stand for any questions.
De Weerd: Council, do you have any questions?
Bird: Madam Mayor, I do not.
De Weerd: Okay. Thank you, Steve. Is the applicant here?
Dunsmoor: I guess we will be coapplicants.
De Weerd: And were you sworn in?
Dunsmoor: I was sworn in. Did you swear?
Guho: Yes.
Dunsmoor: He swore.
De Weerd: Okay. If you will just state your name and address and if we can do it one at
a time.
Dunsmoor: Yes.
De Weerd: Okay.
Meridian City Council
June 8. 2004
Page 35 of 58
Dunsmoor: My name is Jason Dunsmoor, I'm with Roylance and Associates. Our
address is 391 West State Street in Eagle.
Guho: My name is Mark Guho, 362 Rooster Drive in Eagle, Idaho.
De Weerd: Thank you.
Dunsmoor: Staff, I think, has done a nice job with the staff report of summarizing our
request. The basic gist of it is that at the time -- in our view, at least, at the time that the
city entered into the development agreement on this property there was a lot of
massaging still going on with the original developer of Resolution Subdivision and he
had visions of an ice rink and a couple other things on this property. Since, then, you
know, Mr. Guho has purchased the property and he would like to build six commercial
buildings there, which would be an outright allowed use in the L-O zone were it not for
this development agreement from four years ago. We think that six concurrent CUP
applications over the next couple months to come and see you, as well as to weigh
down your staff's time, is not necessary, considering that the proposed uses are all
allowed uses in the zone. That's the gist of it. Be happy to stand for any questions if
you have them, though.
De Weerd: And I would just -- I think that Steve mentioned this. At the time this
application came through, it came through with a conceptual plat and that's why this
condition was put on there as it is our ordinance. If it were platted, we could take that
condition off out of the development agreement, but -- and so that's why we are here
today.
Siddoway: Madam Mayor, it was a conceptual planned development, which, typically,
requires a detailed CU.
De Weerd: Thank you for the clarification. Are there any questions for the applicant?
Bird: I have none.
De Weerd: Anything further you would like to add, Mr. Guho?
Guho: We are planning to do, naturally, a first class development there and primarily we
are hovering on medical. We have Idaho Gastroenterologists, which is going to be
building a surgery center. It would be on the northwest lot first here. And I think the
development as a whole is predominately medical in that immediate area and we plan
to continue with that medical and professional office.
De Weerd: Thank you. Okay. Council, any questions? Need any further information or
clarification? Okay. I would entertain a motion.
Bird: Madam Mayor?
Meridian City Council
June 8, 2004
Page 36 of 58
De Weerd: Mr. Bird.
Bird: I move that we close the Public Hearing for MI 04-004.
De Weerd: Do I have a second?
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item
16. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion? Hearing none, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 16, MI 04-004, for request for amended
development agreement for Resolution Subdivision NO.1.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 16. Any further discussion?
Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 17:
Item 18:
Item 19:
Public Hearing: RZ 04-006 Request for a Rezone of 16.1 acres from R-4
to R-8 zone for Sutherland Farm Subdivision No.4 By Sutherland
Farm, Inc. - East of South Eagle Road and north of east Victory Road:
Public Hearing: PP 04-009 Request for Preliminary Plat approval of 79
single-family residential building lots & 8 common lots on 16.1 acres in
proposed R-8 zone for Sutherland Farm Subdivision No.4 By
Sutherland Farm, Inc. - East of South Eag[e Road and north of east
Victory Road:
Public Hearing: CUP 04-009 Request for modification of the original
Conditional Use Permit for a Planned Development to allow the
elimination of five office lots and the addition of 47 single-family lots in
addition to the 32 residential lots previously approved for a total of 79
single-family lots for Sutherland Farm Subdivision No.4 with request
Meridian City Council
June 8, 2004
Page 37 of 58
for reduction to the minimum requirements for lot size, street frontage and
front yard setbacks by Sutherland Farm, Inc. - East of South Eagle Road
and north of east Victory Road:
De Weerd: Thank you. Items 17, 18 and 19 are all related. I will open those three
public hearings on RZ 04-006, PP 04-009, and CUP 04-009. We will start with staff
comments.
Siddoway: Thank you, Madam Mayor, Members of the Council. This is an application
for Sutherland Farms Subdivision No.4. It is outlined in black on the screen. It sits at
the intersection of Eagle Road and Victory Road across from Thousand Springs
Subdivision and south of Silverstone. You can see the aerial photo taken last year
here. Sutherland Farms Subdivision was approved a couple of years ago under this
preliminary plat. What the applicant is trying to do is take phase four -- they are already
final platted phases one, two, and three. They are now at phase four and wish to take
these office lots, change them to residential and, then, reconfigure the residential beside
it in this manner. So, this is that area, the area west of this line -- or, I'm sorry, east of
this line is the already final platted Sutherland Farms No.3. So, the application before
us tonight encompasses this area. It includes a rezone of that area from R-4 to R-8. It
has a preliminary plat for 79 single-family residential building lots and eight common lots
on 16.1 acres. And the Conditional Use Permit amends the existing planned
development that exists for that site. This was the landscape plan that had been
submitted for the project. You can see the lot layout and the centralized open space.
The Ridenbaugh Canal runs along the north portion of the property, as does a multi-use
pathway. You should have a recommendation from the Planning and Zoning
Commission from their hearing date on May 6th. There were only two outstanding
issues for Council. One that staff had not yet received the revised plat and landscape
plan to comply with the conditions of approval. The applicant did bring those tonight,
but staff has not had a chance to review them. The second is that the other department
comments for fire, police, sanitary services, and parks were inadvertently left out and
they have been provided to you on the second and third pages of the recommendation
and just would request that you include those in any motion. Staff would like to have an
opportunity to review the plans. I guess the one that I would be most comfortable with
is if it were continued just one week, not that we can't take the testimony tonight, but to
give us just a couple of hours to spend with the plans and make sure that they are in
final compliance. I guess another option would be to act on it tonight and we could
always ask to pull the findings off the Consent Agenda if we did find an issue with our
review. But the applicant has brought the revised plans tonight, we just haven't had a
chance to do a detailed review of them. And I would stand for any questions.
De Weerd: Council, do you have any questions for staff? Okay. Is the applicant here? If
you will, please, state your name and address.
Fluke: Madam Mayor, Members of the Council, Daren Fluke, JUB Engineers, 250 South
Beechwood in Boise, representing the applicant in this matter. I won't spend a lot of
time on this. We view this as really a fairly minor change, given the scope of the original
Meridian City Council
June 8. 2004
Page 38 of 58
de-velopment. This was handled as a PUD originally and it allowed some general
commercial uses up here in the north, five-acre park here in the center and, then, some
office uses and multi-family in this area, along with some attached single family in that
area there. Great. The Boy Scout ran the batteries out of this one. So, what we did is,
essentially, we maintained the attached single family and just kind of flipped it over into
this office. If we could just see that proposed -- maybe the landscape plan is the
cleanest. It looks like this and what we have proposed is attached single-family dwelling
units along here and, then, detached single family for around here on smaller lots. We
netted out about another 3,500 square feet of open space, I think, and so -- and ended
up with a better configuration, which we have got a two acre park here. We are in
agreement with all the conditions of approval. We worked out, I think, all the issues of
the Planning and Zoning Commission. We don't have any problems with tabling this for
a week, if you want to do that. We have made the changes to the landscape plan. We
saw those as fairly minor and perhaps that's why the urgency wasn't there to get them
done. I apologize and that was my fault. So, if we need to spend some time looking at
those, we can certainly do that. But other than that, I think what you see here is what
you were looking for originally in the planned unit development, which was a little bit
higher residential density, mixed in with some lower density, some open space, and
some commercial uses. So, the original concept hasn't changed, but we did drop a little
bit of office space and replace that with some residential uses. I would take any
questions if you had those now.
De Weerd: Council, do you have any questions?
Bird: I have none.
De Weerd: I guess, Daren, J do, in terms of the open space. There is just no clear way
of looking into that for safety reasons. How will that remain monitored and safe?
Fluke: Madam Mayor that, actually r was one of the larger issues that we worked out
with the Planning and Zoning Commission. Unfortunately, you don't see the revised
plan, but what we agreed to in meetings with the chief of police was that -- this is a
sewer easement here. What happens is the sewer comes from Silverstone to the north,
comes down and around and down to serve phase one and two in the south and so this
layout, actually, got -- this was the defining factor of the layout was this sewer line. It's
about 30 feet deep and extremely difficult to move and so we must design the project
around that. Long story short, this is 30 feet wide. We agreed with the chief that if we
put 14 feet of grass crete on top of there, which would provide vehicle access in there
for emergency vehicles and, then, each one of these entryways into the park have been
increased to 15 feet and we did take this lot and turn it up right next to this one, so we
have got two lots sitting there and, then, a clear view in there as well. And that was our
compromise with the chief, rather than to lose all the lots on the corners, so I think
everybody is happy with that.
De Weerd: Thank you. Any further -- okay. Thank you.
Meridian City Council
June 8, 2004
Page 39 of 58
Fluke: Thank you.
De Weerd: Is there anyone else who would like to provide testimony on this application?
Okay.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I'd move to continue Items 17, 18 and 19 for Sutherland Farms Subdivision NO.4
for one week to our June 15th, 2004, meeting.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to continue Items 17, 18 and 19 to
next week, June 15th. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 20:
Public Hearing: PFP 04~004 Request for Preliminary Final Plat approval
of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision by
Pinnacle Engineers, Inc. - 475 North Linder Road:
De Weerd: Okay. Item 20 is Public Hearing PFP 04-004 and] will open this Public
Hearing with staff comments.
Siddoway: Thank you, Madam Mayor, Members of the Council. This application is for a
preliminary/final plat combination of a two-lot subdivision on an existing 2.3 acres. It is
located on Linder Road just immediately south of the Union Pacific Railroad. You can
see the area outlined in the aerial photo. The existing -- [ don't have my pointer
anymore. It's on -- the existing building sits right on Linder Road and the proposal is to -
- thank you -- split -- split this property into two lots. You can see the existing Haztech
building right on Linder Road in that location. I believe all of the issues on this have
been worked out. The Commission did make one modification to the staff report
regarding fire department sprinklers on the buildings. Other than that, it remains the
same and is detailed in the recommendation for the P&Z Commission hearing date of
May 6 and I would go ahead and stand for any questions at this time.
De Weerd: Council, do you have any questions?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you. Is the applicant here? Well, it's the Boy Scout who
wasted the battery. If you will state your name and address.
Meridian City Council
June 8, 2004
Page 40 of 58
McKinnon: Madam Mayor, again, Dave McKinnon, 735 South Crosstimber. Not quite
an Eagle Scout. Steve hit the nail right on the head. It's a simple two-lot subdivision. I
just found out today that the City of Meridian is now going to allow one time splits and
so we -- I guess I'm stuck with the conundrum now as to whether or not to pull this at
this point and do a record of survey and get that recorded quicker than going through
this subdivision process. I would request recommendation for approval tonight and we
agree with the conditions of approval, but now we just have to determine what's going to
be the cheapest and fastest way to get this done for our client. It's unfortunate that we
have got stuck right in the middle of this project when that change happened, but it is
what it is and I have talked to the client and he understands that as well. With your
recommendation for approval tonight, I think that that would be a good indication that
the Planning and Zoning staff would recommend approval of a one time split as well.
So, I would ask for your approval tonight.
De Weerd: ['m sure you're not complaining about that, are you?
McKinnon: I am not complaining at all. I am so excited to hear that. I just -- [ feel bad
for my client, who has spent some money to get to this point. And just the one extra
thing I guess I would like to add is if we do go the record of survey route for this for a
one time split, I'd ask that you be willing to waive the fees for that after we have gotten
to this point, that he shouldn't have to submit new fees for doing a one-time split if we go
that route, if that would be agreeable to the Council. Just so he doesn't incur any
additional cost that he already has incurred.
De Weerd: Council, questions or comments? Any comments to the request?
Nary: The fee request or the --
De Weerd: Uh-huh.
Nary: Are you waiving your fees, Mr. McKinnon?
De Weerd: No comment.
McKinnon: Well, actually, if we can go the one time split route and we don't have to
route everything, yeah, it's going to cut down on the cost for us to process this for him.
It will. Absolutely.
Nary: Good answer.
De Weerd: Okay. Anything further, Council?
Bird: I have none.
De Weerd: What a way to treat a Boy Scout. Thank you, Dave.
Meridian City Council
June 8, 2004
Page 41 of 58
McKinnon: Thank you.
De Weerd: Is there any further testimony on this application? Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we close the Public Hearing PFP 04-004.
Bird: Second.
De Weerd: It's been moved and seconded to close the Public Hearing on Item 20. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Wardle: Madam Mayor?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I'd just like to make a comment -- sorry I couldn't get it in before Shaun made
his motion. Just something to think about, not necessarily this particular application, but
Linder Road. Linder Road is the next in a series of facilities that will upgraded in the not
too distant future with an over-crossing of the interstate. I believe that's on ACHD's
long-range plan. And I don't know when that -- and I don't know when that really is
going to be, but Linder Road at some point in time will be a -- probably if not a minor, a
major arterial connecting our community north and south across the interstate and
across at least from the rim to -- well, across the county. Keeping that in mind, as we
see more and more of these activities on Linder Road, that we will have the same issue
with access as we just saw on State Highway 69. So, cross-access agreements,
frontage roads, access limitations, are something we will want to keep in mind in the
future.
Bird: Amen.
De Weerd: Thank you, Mr. Rountree, for that timely reminder. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve PFP 04-004, preliminary/final plat for
Haztech Subdivision.
Nary: Second.
Meridian City Council
June 8, 2004
Page 42 of 58
De Weerd: It's been moved and seconded to approve Item 20. Is there any further
discussion? Okay. Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 21.
Public Hearing: AZ 04-008 Request for Annexation and Zoning of 5.22
acres from RUT to C-G zone for MaQic View Court by Larry Hellhake -
2855 Magic View Drive:
De Weerd: Thank you. Item 21 is Public Hearing AZ 04-008. I will open the Public
Hearing with staff comments.
Siddoway: Thank you, Madam Mayor, Members of the Council. This Item, Item No. 21,
is for Magic View Court, which is located on the south side of Magic View Drive. Just to
orient you, this is the Eagle Road interchange. This is -- oh, now my batteries are dead.
This is Eagle Road. And St. Luke's sits on the big blue lot over here. The gentleman --
maybe I can use the mouse. There we go. This is the subject property. You can see
the existing aerial photo. Developments to the north by -- in the plat done by W.H.
Moore. The proposal tonight is to annex the 5.22 acre lot and zone it -- it's currently
RUT in Ada County. They are requesting C-G in the city. They have submitted a
conceptual site plan, because they know that the Council prefers to see how things may
layout, but they are trying to keep their options open at this point as to how it really will
layout in the future. They have provided this as a concept plan. The hearing date with
the Planning and Zoning Commission was on May 6. There were no outstanding issues
for Council from that meeting. However, there has been a letter submitted by Jonathan
Seal, which the Council should have, dated May 25th, addressed to Larry Hellhake -- I
hope I didn't -- great. Okay. They have specified nine uses in that letter. I don't know if
you have that in front of you or if you would like me to put it up, but they have nine uses
that are allowed in the C-G zone that they have requested be prohibited from this site,
basically, through a development agreement and -- does the Council have those uses in
front of them? Yes? Okay. So, that's the only issue that I know of that remains
unresolved at this point and I'll stand for any questions.
De Weerd: You know, Steve, it might be just faster to put it up.
Siddoway: I will.
De Weerd: Thank you. Would the applicant like to come forward? Please state your
name and address.
Hellhake: My name is Larry Hellhake, 3837 North Hall Drive in Eagle, and I represent
the owners Bob and Kathy Barnes, who are also present. And I'm not a Boy Scout, so I
don't know if that counts or not, but I thought I would get that in ahead of time.
Meridian City Council
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Basically, as staff indicated, we went through the hearing and would like to have the
annexation and rezone to C-G, which is what the Comp Plan is recommending in that
area. We feel -- when we were marketing the property that that was the one thing that
was holding us back. We had several people interested in the property, but they were
always a little bit leery of the statement that ies conceptually approved for this. So, what
we decided to do was to go ahead, have it rezoned, and, then, if we did not sell the
property, we would take a look, as the conceptual plan showed, of developing it ourself.
So, that we would see how things could go together. We feel that the area does need
to be C-G. We don't have any problem at all with the staff's recommendation. As far as
the letter from Mr. Seal, I think of those nine; I believe five of them are conditional use,
so they would come back. I think he can speak for himself, obviously, if he comes up,
but five of those are conditional use, which would mean that you would have to come
back to Planning and Zoning for the use. Four of them are permitted uses, which would
just, basically, involve an application. At this point we would be willing to say before
they are permitted, if this was something that he would want, that would be a conditional
use. We have no problem with that. We, actually, believe that the site is not conducive
to any of those sites and I think he would probably concur, but a development
agreement lasts forever. They are there and 25 or 30 years from now, if somebody
wants to assemble 15 acres and do something in there when this area may change,
then, you're facing a development agreement and another step that's involved in this. In
the wisdom of Planning and Zoning in the concept of the C-G zone in that general area,
which included everything within Magic View Drive, over the years this was discussed
with everyone and it was agreed at that time that this should be C-G and at that time
nobody indicated that they would take pieces out of that. There are some C-G zones
that fit these uses a lot better than other areas and maybe these don't specifically apply
here, but they happen to be part of a C-G zone. So, my feeling is that the market would
indicate that none of these are going to happen and I really would strongly recommend
that Mayor and Council would go along with staff and just approve this as requested
and, then, let the market determine what's going to happen in there. But I really don't
have any other comments in that. We would entertain, if we are required, obviously, to
put all five -- all nine of those uses under -- under conditional use, so that they would
have to come back, so the owner of the property to the north could have a comment on
what is going in there, but not necessarily disapprove those things at this point, not
knowing what the future is going to bring in that area. And with that I would respectfully
ask you to approve it as recommended by staff.
De Weerd: Thank you.
Hellhake: And stand for any questions.
De Weerd: Any questions, Council?
Bird: I have none.
Nary: Madam Mayor?
(
Meridian City Council
June 8. 2004
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De Weerd: Mr. Nary.
Nary: I guess -- I understand your points, but you don't think any of those uses should
be prohibited? All of them should be conditional uses? I mean I can't see the
complexion of that property and that area changing at any point in -- even the far future
that a contractor's yard is going to be an appropriate use there or a lumber yard.
Hellhake: I can't either, so what would be the purpose of prohibiting it? If you are going
to do that, we should go down the list of 80 or 90 items and pick out what you and I
believe isn't going to be used and I think the C-G zone says here is these issues, all of
these are permitted or conceptual uses and let the market determine that and staff and
you. I don't want to -- and I'll use the word play God here to say none of those are
going to happen when I can't tell you that for sure for sure for sure.
Nary: That's okay. We do that all the time.
Hellhake: Oh. Well, then, I'm all right.
Nary: Thank you.
Hellhake: So, that's what I'm saying. Leave them there and bring them back, you know,
at the worst case.
De Weerd: Thank you. Anything further? Okay. Thank you very much. I guess I won't
ask if there is anyone else who would like to provide testimony. Please state your name
and address.
Seal: Jonathan Seal, 600 North Steelhead, Boise, Idaho, representing Winston Moore
here.
De Weerd: Thank you. Did you get sworn in?
Seal: No, I didn't, so if you would like to --
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Seal: Yes, it is.
De Weerd: Thank you.
Seal: First I would like to say to the Mayor and also the Council that I apologize for
bringing this after P&Z. When I talked to Brad Hawkins-Clark when I first got the notice
I assumed, like we did with Ustick and Eagle, that if we come in with an annexation and
rezone that there would be conditions put on that at some point in time, such as what
we did there. I found out after the fact, as I was explained it, anything under five acres
Meridian City Council
June 8, 2004
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they can simply do an annexation and rezone. Having said that, could you flip up the --
kind of the site plan? No, the whole area, which would also show our office buildings.
And if I can get my bearings here. This is Lincoln Plaza right here, as you know. There
is Mountain West Bank. We own this and we also own all of this property over here
and, of course, you have medical here. I guess our primary concern is we are not
suggesting a development agreement, if that's not necessary. We don't want to make
this anymore complex than it needs to be. All we are simply saying is is that with those
type of developments around there -- and I think you can appreciate if at anytime any of
these projects came in, it could be a serious detriment to the marketing of our projects.
I know Mr. Hellhake has said, well, let's make this conditional use. But, again, with
conditional uses, then, you're back here again. You have the opportunity to do that, but
you may put some modifications. All we are simply saying is here is uses that we think
clearly would be detrimental to this area and I think this would be shared by other
people if they understood this. All we are simply saying is eliminate these uses. I think
the likelihood of a truck stop or a contractor's yard or an auto repair place, it's very
remote, but there is that possibility. So, we are simply asking the same conditions that
are applied, for example, in EI Dorado Business Campus, Ustick and Eagle, or, for
example -- and this is where we had to do a development agreement and a concept
plan at the time, be applied to some degree to this project and that these uses be
eliminated, whether it's ten years, 20 years, 25 years down the road, these office
buildings are still going to be there. These are uses that could be a real detriment to
any type of use by other people. I don't think that this is a lot to frankly ask for, so --
De Weerd: Any questions for Mr. Seal?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I noted the one that was shown up on the board next to the drive-in
establishment, the one that we saw up there said no. Or out. I'm sorry. But on here it's
still there. So, who wrote out and --
Seal: I did. When I talked to Anna Powell, she explained to me this drive-thru windows
and things of that nature. I think Winston misunderstood that one in particular. We
don't have any problem with drive-thrus. I mean, obviously, if it's a bank or something
like that, then, we don't have any opposition. So, he asked me if I would initial that and
sign that -- or sign that and put out, so that's all I did. So, out of these, I think with the
drive-thru establishment, if I'm understanding that correctly, that's such thing as a drive-
thru bank or something like that, we don't have a problem with that.
Nary: That was for like a drive-in theater or --
Seal: That was my understanding that this would be more for a drive-in theater type of
thing, which, obviously, I think is unlikely, but, again, we -- we are not trying to be
Meridian City Council
June 8, 2004
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unreasonable here, we are just asking for things that we think could be a real problem
to the area, so --
Nary: And the sales lot you're talking about is probably like vehicle sales? Is that what
you -- is that what you mean by sales lot?
Seal: Councilman, that's what I would take it as. You know, they are somewhat generic
in their things, but I think the used car, new car sales lot, again, unlikely, but there is a
possibility.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Seal, you say drive-in establishment is okay, as long as it's a bank or
something like that. What if ifs a Wendy's or something like that drive-thru?
Seal: We -- I'm sorry.
Bird: Go ahead.
Seal: Councilman, I don't see any problem with that. There is a Subway down the road
from us, so, again, I don't see that -- I think that that's very -- we have got the same
thing at EI Dorado Business Campus, so --
Bird: Thank you.
De Weerd: Thank you. Any other questions? Thank you.
Seal: Thank you very much.
De Weerd: Is there any further testimony? Would the applicant like to respond?
Hellhake: Madam Mayor, Members of the Council, I agree with --
De Weerd: Please state your name if you would.
Hellhake: Oh, again?
De Weerd: Yes.
Hellhake: Larry --
De Weerd: Oh, yeah. One more time.
Hellhake: All the time?
(
Meridian City Council
June 8,2004
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De Weerd: No, I did swear you in.
Hellhake: Larry Hellhake.
De Weerd: Thank you.
Hellhake: Address is enough once, though; right?
De Weerd: Yeah.
Hellhake: I understand what Mr. Seal is saying and I think we all concur that 99.9
percent of the issues are non-issues we are sitting here discussing. But I really -- I just
hate to see -- see policy being made before the opportunity to make policy is actually
out there in the open. I think your applications, your conditional uses, call for all the
setbacks and landscape requirements and ingress and egress and all other of the
things that make that compatible with the area under the zones that are there. The L-O
zone is, actually, a buffer between the C-G and residential and I don't think -- even
though this may not -- none of those might be a use -- and one of the concerns I did
have was a drive-in establishment, in the event a medical office put a drive-in window
for prescriptions or something to that effect. So, I'm glad he clarified that and did
remove that. But it just -- it seems like there are enough vehicles, enough ordinances in
place to allow this to happen to be an application and if it is detrimental, those cases
can be made in the future and documented. Right now it's just we don't think this is
appropriate and the why's is it economic or is it visual? We don't -- you see, you don't
have anything to make this decision on, is my -- is my feeling, is that I would prefer, if
any of those ever were going to come in, to have -- give them an opportunity, see how--
what a -- what they can do. Maybe they can do something creative that would be
acceptable, but by eliminating it, you eliminate that possibility and, basically, that's it.
De Weerd: Thank you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Mr. Hellhake, what about the other concern, though, that was raised by Mr. Seal?
Is part of it -- I think his concern is an equity issue, that the other properties, including
their properties, have had similar types of restrictions placed upon it and they are,
essentially, just protecting the same interest that they have. I mean, you know, I think
we can all agree that the marketplace does drive many of these things, but I think part
of the reason councils make these types of decisions on these -- on these types of
projects is to say, you know what, we don't want you ever bringing a contractor yard
here for a CUP, because we don't think we want a contractor yard there ever. If you
really want it really badly, then, you can amend the development agreement like we did
earlier, so -- I mean it's not that uncommon for councils to say, look, we can identify
Meridian City Council
June 8, 2004
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s6me uses that we don't really even want to waste our time trying to review a CU or
someone else wasting their money preparing it. Also, we may believe you, but you may
not be the property owner for the developer five years from now or ten years from now
and I think especially around that Magic View, we haven't always been happy with what
happened later when we believed the people that were there asking for it. So, you
know, if you would at least address your thoughts on the equity part of this and why you
think we still should, you know, simply leave it to the marketplace and the CU process to
drive that.
Hellhake: Well, I guess -- Madam Mayor and Councilman Nary, I guess I just believe in
the market system. That's where it's at, is that the people putting up the money, if they
want to feel like what their use was and they want to, quote, waste their money on an
opportunity, that's their right. They have the ability -- you have stated that that was a
use -- a general use in a C-G zone, if you approve it as a C-G zone, that's what you can
do. If they want to waste their money and time to try to convince you that what their use
is is compatible, that should be their freedom, not -- not eliminating it off the bat. If there
was an elimination, then, it should have been when the annexation -- or the Comp Plan
was made and that area said, okay, this probably is more medical and more office and,
therefore, we are going to put a C-G, but we are going to eliminate 25 of those
permitted or conditional use units in this area, because we know -- and so it's just a --
more of an allowance to let it happen. I understand -- probably shouldn't say this, but if I
was in his position I would be saying the same thing. Not a question. But what I'm
trying to do is defend the ability for somebody to make an application under what the
ordinances say you can do and I realize he has the ability to say, no, we don't think that
is, but the economic detriment -- you know, normally you have to come in and show why
that's an economic detriment and you are -- he's asking you to make a decision on eight
items on his word that that's an economic detriment to his property. But why? I mean --
because we haven't seen anything that would take away from it. And 99.99 percent we
aren't going to see anything. You know, we are in negotiation with a medical use right
now, which, you know, chances are it probably will go through, but we don't know, and
they may sell it to somebody else, as you said. I'm not the ultimate owner and they may
not be the ultimate owner. So, it's just more of ability to function in a free marketplace. I
don't mind -- I defend his right to come in and say I prefer you not do that, as much as I
want to defend my right that I have at least the ability to come and waste my money and
see if it would work.
De Weerd: Thank you. Any further questions? Thank you. Okay. If there isn't anything
further, no further testimony or comment? Questions?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I guess before we close the Public Hearing, I guess the only comment I have is --
the only thing I can think of in recent memory that we sort of followed what's being
proposed here and waited to make policy and let people spend their money and try to
Meridian City Council
June 8, 2004
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fig"ure out a way to make a CU work was that third drive-thru over there by Carl's Junior
on Meridian Road and I'll tell you, by the end of -- by the third time around I was pretty
tired of hearing it and I don't want to go through that with -- but I recognize what you're
saying, is that many of those uses may be able to be done. It may take another piece of
property, it may take another -- some growth of this area or some change to some
degree of area to allow that and I guess at least me I'm willing to do that. The ones up
there that I look at that I think, at least for me, I could say I can't see any change in the
area to allow outside storage of a contractor yard, heavy farm equipment, sales, repair,
or lumber yard. All of those to me have tremendous amount of use of the property and
the majority of it is all outside, versus the others that can be done interior. Outdoor
storage facilities don't really concern me a great deal. Sales lots can be done
predominately interior as well. Many of those can be done through the CU process, so I
guess for me I don't have a problem with most of those uses going through the CU,
other than the ones -- again, I just don't want someone to waste their money and our
time to try to convince us that a contractor's yard or a lumber yard is ever going to work
there, because that heavy use of the outside of the facility to try to get that to fit just isn't
going to make any sense. Not next to the hotels, businesses, restaurants, and
everything else that's there now. But I guess for me that's the ones I would eliminate,
because the rest of it I would agree with you, I'd let the marketplace ferret out and we
will see what happens and whether somebody could make a truck stop or an auto repair
shop or something else work in that spot, that would work for me.
De Weerd: Any further comments? Okay. What would you like to do? No comments?
Would you like to close the public hearings?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the Public Hearing for Item No. 21.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item
21. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion or further information needed? Mr. Wardle?
Wardle: I would like to know -- and this is a question of staff -- which of those uses are
already conditional use uses, please.
Siddoway: Madam Mayor, Councilman Wardle, I'll have that in one second. Do you
already have it? Oh. Apparently, the applicant has already done some of the research.
The truck stop is a permitted use. The contractor's yard is a conditional use.
Meridian City Council
June 8, 2004
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Equipment, heavy, farm, sales, and repair is a permitted use. I'm just going to put this
up. A lumberyard is conditional. Auto repair shop is conditional. Drive-thrus, drive-ins
are conditional. Entertainment center is permitted. Sales lots are conditional. And
outdoor storage facilities are permitted. And I believe that is accurate. I can verify that
real quick, but that sounds right.
De Weerd: Mr. Wardle, any follow up?
Wardle: Yeah. Did we confirm those, Steve?
Siddoway: About half of them.
Wardle: Okay. I'll give you just another minute.
Siddoway: It is correct.
Wardle: Thank you. Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: I move that we approve AZ 04-008, request for annexation and zoning, Magic
View Court, to include all staff, applicant, and public comments and to also make a truck
stop, equipment, heavy, farm, sales, and repair, entertainment center, outdoor storage
facility, which are permitted uses within that zone conditional uses.
Nary: Second.
De Weerd: It's been moved and seconded to approve AZ 04-008 with the amendments
as stated. Any further discussion? Mr. Clerk.
Rolf-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 22:
Tabled from June 1, 2004: Ordinance No.
Recreation Commission Ordinance:
Parks and
De Weerd: Thank you. Okay. Do we have an ordinance number on Item 22?
Berg: 1081.
De Weerd: Okay. Item No. 22 on Ordinance 04-1081. Before I ask the clerk to read it
by title only -- well, why don't you just read this by title only? Is there any discussion? I
guess they can read it by title and have discussion.
Meridian City Council
June 8, 2004
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Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1081.
An ordinance of the City of Meridian, Idaho, repealing Chapter 2, Title 2, and reenacting
the Parks and Recreation Commission of the Meridian City Code, providing for conflict,
severability, savings clause, and providing an effective date.
De Weerd: Is that it? Okay. Council, is there any discussion on this or -- anyone in the
audience wants this read in its entirety? I guess I just had two items and it's to add
clarity on the youth member that would be one of the seven or it would be one of its
own. So, one of the seven? So, we would want to wait until any opening to include a
youth member.
Bird: Yes.
De Weerd: Okay. And in duties it says that it -- that the Commissioners would work in
conjunction with to advise the Mayor and Council and, then, in A-1 it says to advise the
parks and recreation staff, the City Council, and Mayor. So, again, I think there is -- it's
a little bit of a -- a message that's a little bit confusing to me. It has different readings is
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess I wanted to address the youth member part. One way we can resolve that
-- sometimes commissions fluctuate in size, people [eave, sometimes there becomes an
issue of occasionally that the -- it's not properly constituted without the proper number of
members, so they can't meet. One way that cities have resolved that issue is by
allowing a target without having a fixed membership amount or having a minimum and a
maximum, because I think part of the intent of this ordinance is to get some youth
participation on it and, you know, we have some very dedicated parks commissioners. I
don't know that any of them are planning on leaving. I think they are all very interested
in what goes on and they are very active and very involved and I hate to wait a year or a
year and a half for somebody to decide not to be on it before we can add a youth
member. It's something we could consider if the rest of the Council wants to do, is
changing the language of the B-1 -- and I'm sure Mr. Nichols wants to re-amend this
again, but we could say this Parks and Recreation Commission shall consist of a
minimum of seven members and a maximum of nine. And that would allow -- I don't -- I
don't foresee or recognize there may be an even number. My experience with
commissions is that I have rarely seen a tie, I have rarely seen a situation where they
couldn't proceed, because they couldn't get consensus of the group, so I guess for me it
doesn't -- it doesn't concern me that you could have a tie, but that would allow -- to
continue with the members they have, allow for some expansion, and also leave some
room as well for the future. Three may be some need in the future. The currently
constituted members of the commission make the decision as to what the quorum is
anyway and so it doesn't have to be a set number, it can be simply the quorum is the
majority plus one of the current number of members seated. So, that way you can --
Meridian City Council
June 8, 2004
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yo"u can have a youth member sooner and you can also provide some ability for
expansion in the future. You can even make the lowest amount be a minimum of five,
with a maximum of nine. So, that, again, you still have the ability to have a commission
meet if two people decide to quit, before they have another person appointed. So,
those are some ways to address that. On the other one -- point you raised, Madam
Mayor, what section was that? I'm sorry.
De Weerd: It's justthe --
Rountree: Duties.
Nary: Duties. It's the duty provision.
Rountree: Page three, I think.
Nary: Yeah. I guess I didn't -- I don't disagree with you that there -- there is some
interpretation, I guess, that it could be in conflict and in the practical sense I don't know
if it's really a conflict, but --
De Weerd: Mr. Wardle.
Nary: The meeting is tomorrow, isn't it?
Wardle: Madam Mayor, the Parks and Recreation Commission meeting is tomorrow
evening. And I'll just reiterate again that I know that the commission, while anxious to
have this ordinance, would want something that the Council's happy with and that the
City of Meridian be happy with in the future and so if we want to hold those over for the
changes, I will certainly make the case to the commission that --
Rountree: Could we approve it as amended?
Wardle: Or potentially we could -- Mr. Nichols?
Nichols: Madam Mayor, Members of the Council. First, if I may, we are happy to make
any changes you want to make to this until the cow comes home. Just a couple of the
things to think about. You hold your meetings in this room, don't you? And there is
seven chairs up here. So, you have a physical limitation if you're going to have more
than seven, at least keep in mind you may have to have some way of drawing straws to
see who sits with the staff, instead of the dais, but that's a physical limitation in this
particular building, which, hopefully, you won't have, you know, too much longer, but it --
that's something to consider here. And if there is any other changes you want to make
just tell us and we will come back again.
De Weerd: Mr. Nichols, can it be approved with the changes noted?
Meridian City Council
June 8, 2004
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Nichols: Madam Mayor, Members of the Council, you can always have a first reading
and direct that we make a certain change before the second reading, but it's just cleaner
-- there isn't a real hurry on this, it's been however long now. Let's get it right the first
time, so that you can approve it and, then, what Will puts in the book looks good as
what you want
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: So, if we are going to get it right, what are the precise words that you need in
2-2-3 and -- for the duties? And, then, as a group I guess we need to decide whether or
not we want to create a spot for yet another commissioner or two and get that clarified
and, hopefully, that will do it, so we don't do this one more time.
De Weerd: I guess I feel comfortable with the language that was offered by Councilman
Nary and -- or the flexibility that was offered by Councilman Nary and it either is to work
in conjunction with the staff to advise or it's to advise staff, Council, and Mayor. So, you
know, it just would be cleaner if those read the same. So, you want it to advise staff,
Council and the Mayor or do you want it to work in conjunction with staff to advise the
Mayor and City Council? Mr. Wardle.
Wardle: Madam Mayor, I guess the real question -- excuse me. The real question on
that is interpretation of what -- what the role is and my only thought on that is if we direct
them to work with staff to the Council and Mayor, I see a limitation as far as -- or I don't
see a limitation, but an interpretation that maybe that the commissioners are -- there is a
separation between -- which there is, a separation between the Council and the Mayor,
but I don't want to leave the impression that the only way to go through the Council and
the Mayor is through a staff member, if that makes any sense.
Bird: It does. Madam Mayor?
De Weerd: Mr. Bird.
Bird: That's one of the reasons we brought this new ordinance through, was just the
reason that Mr. Wardle stated. Our old ordinance, everything had to go through staff.
I'm going to be very blunt The staff we got now was -- is no problem, they would bring
what the commission wanted forward. The old staff wouldn't That's why this was
brought forward three years ago. We have been messing around with it. I agree with
Mr. Wardle on that. I think that they should report, they should help the staff and have --
but have the direct route to the City Council and the Mayor. I also disagree with the
floating membership. I have sat on a lot of boards; we have always been uneven for the
reason of doing it. I suggest Mr. Nary gets on the MAA board and he can see how
many times the seventh guy has to make or break the tie. So, I am not for that. I'm not
Meridian City Council
June 8, 2004
Page 54 of 58
for -- at this point not for increasing it, because of the sitting arrangements, having, as
Mr. Wardle and Mayor de Weerd has done the same thing, we'd like to have the public,
so the commissioners have to sit up here. The table is taken by staff and the liaison. I
don't know how we are going to seat them once we get bigger. I'm for goihg for nine. I
do want youth on there and I'm sure that Mayor at this point, if anybody would resign or
something, would come forward with a youth. I think it's something that we need on a
lot of our commissions is youth, but I do want to keep an uneven number. That's my
say.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: In 2-2-3 -- because I like the language of A and I'm -- [ guess I'm not sure from
your comments if that's the language you prefer, is the one that says to advise. In the
2-2-3 it would appear that if we simply added the word and, so that it read it shall be the
duty of the parks and recreation commissioners to work in conjunction with the parks
department staff and to advise the mayor and the City Council in the orderly and
efficient administration of the city parks, it separates the two concepts, one to work
together, the second to advise, and that would appear to meet both the needs that are
addressed by this and I think that's probably adequate with that provision. Again, [ think
everybody probably has got varied experiences on having an even number versus odd
numbered boards. Like I said, my suggestion was simply so that we didn't have to wait
around. [don't want to -- I don't want to lose any of the parks commissioners we have.
I think they are all active and interested and great participants, but I certainly don't want
to wait a long period of time either and I -- but there is a -- you know, obviously, the fact
that we only have seven chairs up here and we are putting eight people up here is a
pretty tight squeeze. I haven't been to the parks board, but ['m assuming it's pretty well
attended, so we don't have a lot of absences very often. So, that may be a
consideration. Again, it wouldn't take much to change the language to say a minimum
of five, a maximum of nine, half plus one of the currently seated members shall
constitute a quorum. So, that's all you have to do to do that But if the rest of the
Council doesn't want that, that's fine.
De Weerd: Just for discussion, ['d hate to limit or exclude youth, which is one of the
whole reasons we also rewrote this, because we have committed commissioners right
now. You could have your floating members that the youth members sit at the table and
I don't see why all the staff members couldn't sit there at once, kind of like we have right
now, they rotate in and out as they need to speak. But I have really never seen at the
parks commission from inception, except one item, a split, and that was on a budget
issue, which is purchasing. So, I don't know. I would like to see youth there. I would
like to see youth there sooner than later and would hate to pressure the commission to
have an opening, so we can get a youth representative.
Bird: Madam Mayor?
Meridian City Council
June 8, 2004
Page 55 of 58
De Weerd: Mr. Bird.
Bird: If we are going to put one on, put two on, then, you've got your nine.
De Weerd: And that was also suggested, so -- Mr. Rountree.
Rountree: Madam Mayor, I agree with Mr. Nary's comment about 2-2-3 with the
insertion of the word and. That clears that up. As far as A-1 under that, it seems to me
that that ought to read to advise parks and rec -- to advise and strike the parks and
recreation department staff and to advise the City Council and the Mayor, because in
the duties it says that they are to work in conjunction with the park staff and I don't --
that I think clears up the issue you were talking about language-wise and as it relates to
how we get youth involved. I agree that if that was the intent that probably we ought to
try to do something to implement it, whether it's one or two or not to exceed eight in the
language and that gives you the ability to nominate two -- or not to exceed nine and that
gives you the ability to nominate one or two, but not to exceed nine, gives us an odd
number and how the Mayor and how we vote on that in the future -- or a future Council
votes on it, they have got the parameters, they can make that choice. So, I would say
with those changes Jet's be done with this rascal.
Bird: Yeah. Let's get her done.
De Weerd: Okay. So, do we have consensus on the change of language to the duties
and, then, as stated by Councilman Rountree and also on up to nine members, two of
them can be youth? Mr. Wardle?
Wardle: I believe I'm clear. I just had a quick question. These are three-year terms and
I just had a thought, since we are talking further about youth, if that three year term
would be conducive for a youth member.
De Weerd: There is a statement in that paragraph about -- I believe it's a year-by-year
provision.
Wardle: Thank you. With that J'm clear and will take this to parks commission tomorrow
night with comments, understanding that, hopefully, this is the last round of changes, if
everyone else thinks that's appropriate.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: One final thought. Or you just said -- he said -- or somebody said up to nine. I'm
like Mr. Nary, we have got to have a minimum, too. You have got to have a minimum.
So, I would say -- oh, you got it? Okay. He's got it.
De Weerd: Okay.
Meridian City Council
June 8, 2004
Page 56 of 58
Bird: Forget it.
De Weerd: So, we will continue this until next week. Or approve with the change and
have the second reading next week.
Nichols: Madam Mayor, I would recommend a clean document.
Bird: I would, too.
Nichols: And if I may just review the changes one last time. Under 2-2-1, B, 1, will now
read the parks and rec -- this parks and recreation commission shall consist of a
minimum of seven members and not more than nine members.
Nary: Madam Mayor?
Nichols: And, then, change the quorum language to read one half plus one of the
members of the commission shall constitute a quorum.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I think the minimum should be five, because I think there is always the potential
that you will have seven members and two people quit for some reason and you don't
want to have an argument or a discussion of whether or not you could actually meet if
you had it -- you probably won't ever have just five, but if you're going to have a
minimum and a maximum that are so close together, it probably defeats the purpose of
having it and if you take the other part of the language on the quorum, Mr. Nichols
should probably say that one half plus one of the members -- of the number of members
currently seated, so that it's clear if you have eight it's five, if you have six, it's four. So,
that it's always based on how many are actually seated at the time, because you may
not always have seven and you may not always have nine. So, that way a list is always
clear. But I just think if you're going to have a minimum that you shouldn't have it quite
so close to the maximum.
Nichols: Madam Mayor?
De Weerd: Yes.
Nichols: Clarification, Councilman Nary. When you say seated, do you mean appointed
or do you mean at the meeting?
Nary: Appointed. I'm sorry. You're right. Appointed is probably the better one, because
if they are -- because you may have five and four vacancies and could still have a
meeting and the quorum could, then, be three.
Meridian City Council
June 8, 2004
Page 57 of 58
Nichols: And -- Madam Mayor?
De Weerd: Yes.
Nichols: Then under 2-2-3 in duties in the second line after the word staff, insert the
word and. Under sub A in the first line strike the words parks and recreation and, then,
down about the sixth line strike the work department staff. I believe that's all the
changes.
De Weerd: Does that sound good?
Bird: Sounds great.
De Weerd: Okay. Well, then, I would entertain a motion to continue this item until next
week.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Oh, before we get to this next item, remember the summer picnic or the
picnic this weekend at Storey Park. And I would like to find out if any of you would like
to write a 300-word guest opinion. The Statesman would like someone's opinion from
Meridian on the school district funding issue. Anyone would like to volunteer? Because
personally they haven't told me what their funding issue is and so I don't feel qualified to
comment.
Nary: What was the -- 300 words on -- what was it again? I'm sorry.
De Weerd: The school district funding issue. Okay. Hearing none, no volunteers, we
will just tell them that no one feels informed well enough to be able to comment,
because we've only read in the paper --
Rountree: We know what's in the paper.
Item 23:
EXECUTIVE SESSION:
De Weerd: Yeah. Okay. And without any further discussion, so I have a motion to
adjourn into executive session?
Bird: Madam Mayor?
(
Meridian City Council
June 8, 2004
Page 58 of 58
De Weerd: Mr. Bird.
Bird: I move we go into executive session as per Idaho State Code 67':'2345(1 )(c), I
beHeve it is.
Rountree: Second.
De Weerd: It's been moved and seconded to adjourn into executive session. Mr. Clerk,
will you, please, call roiL
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES
EXECUTIVE SESSION:
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
MAYOR TAMMY DE WEERD
6 / Z2- / 04-
DATE APPROVED
ATTEST:
WILLIAM G. BERG, JR, CITY CLERK
Meridian City Council
June 8, 2004
Page 58 of 58
D'e Weerd: Mr. Bird.
Bird: I move we go into executive session as per Idaho State Code 67-2345(1 )(c), I
believe it is.
Rountree: Second.
De Weerd: It's been moved and seconded to adjourn into executive session. Mr. Clerk,
will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES
EXECUTIVE SESSION:
De Weerd: I would entertain a motion to come out of Executive Session.
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor - oh, can I --? All those in favor say aye. No decisions
were made while in Executive Session.
MOTION CARRIED: ALL AYES.
De Weerd: I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor, say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 11 :21 P.M.
(TAPE 0 ILE OF THESE PROCEEDINGS)
)
6 I 2--~ I &4-
DATE APPROVED
MAYOR TAMMY DE WEERD
,-'
"
~'>~'. .~,--.,.,,\~~~
June-3,2oo4
MERIDIAN CITY COUNCIL MEETING
APPLICANT Packard Estates, LLC
AZ 04-003
June 8, 2004
ITEM NO.
REQUEST Findings - Request for Annexation and Zoning of 16.73 acres from RUT to R-8
zones for proposed Jaydan Village Subdivision - 5325 West Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: f(l r (l 11 (J I'll r J)f)~ Date: I p.:J Phone:
Emailed:r~i~~~...-fllQ.nffJit.la 'COVqStoff Initials: ~ry1IJtf-
Materials presented at PUbh'c meeUngs s~all become property of the City of Meridian.
See attached Findings
/
JI)~
RJE EI'TED
JUN 0 4 2004 "
City Of Meridian
City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAW
KEVIN DI NIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAY, III
T. GUY HALLAM-
JILL S. HOLlNKA
JOHN R. KORMANI K *
WILLIAM A. MORROIV
WILLIAM F. NICHOLS-
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA,IDAH083687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRISTOPHER S. NYE
PHILIP A. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE....
* Also admitted in CA
- Also admitted in OR
"** Also admitted in W A
May 27,2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re:PACKARD ESTATES, LLC I ANNEXATION AND ZONING FINDINGS J ORDINANCE &
CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE
COVER LETTER I AZ-04-003
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND
ZONING prepared as per instructions from the Council meeting of May 25,2004, and which are on
an upcoming Council agenda.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have
been adopted, then please pLace this ordinance on the City Council agenda. This ordinance should
not be passed until the Findine:s of Fact and Conclusions of Law and Decision and Order
Grantine: Application for Annexation and Zonine: are adopted. Additionally, I have enclosed a
Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the
Council at the same time the full annexation and zoning ordinance is presented to Council for
approval.
If you have any questions arise, please advise.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian I 5360MIJaydan Village Subdivision AZ-04-003 PP-04-002 CUP-04-004\FFCL ORD Clerk Ltr 0527 04.do.:
BEFORE THE MERIDIAN CITY COUNCIL
C/C OS/25/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 16.73 ACRES )
FROM RUT TO R-8 ZONE FOR )
PROPOSED JA YDAN VILLAGE )
SUBDIVISION, LOCATED ON THE )
SOUTH SIDE OF USTICK ROAD, )
APPROXIMATELY ~ MILE WEST )
OF BLACK CAT ROAD, )
MERIDIAN, IDAHO )
)
Case No. AZ-04-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
PACKARD EST A TES,LLC,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on May 25,2004, at the hour of7:00 p.m., and Brad Hawkins-Clark for the Planning and Zoning
Department, Kent Brown, Kathleen Denney, and Brad Watson, appeared and testified, and the
City Council having duly considered the evidence and the record in this matter therefore makes
the following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 9967-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JAYDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 1 OF 12
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 16.73 acres in size and is located on the
south side of Us tick Road, approximately ~ mile west of Black Cat 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. A second revised plat was submitted by the
applicant to address issues raised in the original staff report. The new plat has a revised date of
3/23/04 and was transmitted by the Clerk's office on 4/5/04.
4. The owner of record of the subject property is BEG Land Holdings, Inc., and
Craig Groves has submitted notarized consent on behalf of BEG Land Holdings, Inc. for the
subject application. Applicant is Packard Estates, LLC.
5. The property is presently zoned RUT (Ada County) and consists of agricultural
land and a rural residence.
6. The Applicant requests the property be zoned as R-8 (Medium Density
Residential) .
7. The subj ect property is bordered to the north by RUT, to the south by R -4, to the
east by R-4, and to the west by RUT.
8. 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 JA YDAN VILLAGE SUBDNISION
(AZ-04-003)
PAGE2 OF 12
A t:esidential neighborhood planned development.
9. The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates
the subject property as Medium Density Residential/Mixed-Use Community.
10. There are significant existing trees that affect the consideration of this application.
11. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public ifthe following conditions of development are imposed:
A. Adopt the Recommendations of the 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. International Fire Code Appendix D.
2. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire hydrants shall have the 4 112" outlet face the main street or parking lot
aisle.
b. The fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side
of the hydrant location.
e. Fire hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. 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 an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 3 OF 12
combustible construction begins.
6. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with Jess than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only
on one side.
B. Adopt the Recommendations of the Parks Department as follows:
1. Standard for Mitigation of Trees: The standard established in the City of
Meridian Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
C. Adopt the Recommendations of the Ada County Highway District (ACHD) per their March
9, 2004 report, which lists site-specific requirements, conditions of approval, and street
improvements, which are required.
D. The Applicant shall also comply with the conditions and requirements of the corresponding
applications for this project, which are Preliminary Plat - PP-04-002, and Conditional Use
Permit - CUP-04-004.
12. It is found that the requested zoning designation ofR-8 is harmonious with and in
accordance with the effective Comprehensive Plan and Generalized Land Use Map. The proposed
single family residential project is shown as Medium Density Residential (3 to 8 d.u.!acre). The
proposed density - 4.36 d.u.!acre gross and 5.79 d.u.!acre net is within the range designed by the
Comprehensive Plan. The northwest comer of the property is in the edge of a planned Neighborhood
Center, which wi11likely be around 8 d.u.!acre. The subject property is a logical transition zone from
the lower densities of Autumn Paire Subdivision to the higher density of the future Neighborhood
Center.
13. It is not anticipated that the applicant intends to rezone the subject property in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 4 OF 12
future.
14. It is found that the proposed single-family development would be allowed within the
requested R-8 zone.
15. It is found that the land to the south and east has been developed with single-family
residential lots in Autumn Faire Subdivision. Autumn Faire has a gross density of 3.35 d.u.!acre
and a net density of 4.92 d.u.!acre. The proposed density-4.36 d.u.!acre gross and 5.79 d.u.!acrenet
- is slightly higher, but in the same range for a medium density project. ACHD has reviewed the
adjacent street capacity and has approved the proposed subdivision with conditions.
16. It is found that the proposed use (single-family residential) will change the existing
character of the area, which is currently agricultural. However, the change is harmonious with the
adjacent use and the intended character envisioned by the Comprehensive Plan.
17. It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors, as long as landscaping, fencing and other recommended conditions
are exercised.
18. It is found that the subject property to be annexed may be served adequately by all
essential public facilities and services. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available to the
adjacent properties. The major concerns of the Police Department, Fire Department, and ACHD
have been addressed in the revised plat.
19. The developer will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future residents will be fire and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 5 OF 12
police services. It is found that there will not be excessive additional requirements at public cost and
that the annexation and zoning wi11 not be detrimental to the community's economic welfare.
20. It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. Using
ACHD's formula of 10 vehicle trips per single family residential lot, the project is anticipated to
generate up to 750 additional vehicle trips per day. The fact is recognized that traffic and noise wi11
increase with this approval, however, it is not felt that the amount generated will be detrimental to
the public welfare of the city.
21. The proposed access to the subdivision from Ustick Road has been approved by
ACHD, as follows: Construct North Christian Avenue to intersect U stick Road approximately 170-
feet east of the west property, as proposed." It is not anticipated that the subdivision will cause
significant interference with traffic on the surrounding public streets.
22. It is found that several existing mature trees will be removed to accommodate the
proposed roads. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per
the Landscape Ordinance. If any trees are deemed to be a hazard, diseased or dying by the City
Arborist, Elroy Huff, mitigation will not be required for those trees. It is recommended that the
applicant verify the status of the existing trees prior to submitting final plat and detailing any
required mitigation on the detailed landscape plan submitted with the final plat.
23. It is found that that annexation of this property would be in the best interest of the
City. The project is consistent with the Comprehensive Plan and the applicant has taken necessary
steps to annex only the portion ofIand that is sewerable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 6 OF 12
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. 11, 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.
11 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
svicinity 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.
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 g 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 7 OF 12
"L9ca] 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 project follows the pertinent provisions ofthe City of Meridian Comprehensive
Plan that are applicable to this Application.
5. The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance
at g 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt VS. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances ofthe 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 8 OF 12
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 16.73 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 16.73 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to 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 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 of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D.
2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire hydrants shall have the 4 1/2" outlet face the main street or parking lot aisle.
b. The fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red to' to each side of
the hydrant location.
e. Fire hydrants shall be placed on comers.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 9 OF 12
f. Fire hydrants shall not have any vertical obstructions to outlets -within 10'.
3. 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 an approved turn around.
4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side.
B. Adopt the Recommendations of the Parks Department as follows:
1. Standard for Mitigation of Trees: The standard established in the City of
Meridian Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
C. Adopt the Recommendations ofthe Ada County Highway District (ACHD) per their March
9, 2004 report, which lists site-specific requirements, conditions of approval, and street
improvements, which are required.
D. The Applicant shall also comply with the conditions and requirements ofthe corresponding
applications for this project, which are Preliminary Plat - PP-04-002, and Conditional Use
Permit - CUP-04-004.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject ofthe
application to (R-8) Medium Density Residential District, and Meridian City Code 9 11-7-2.
5. Subsequent to the passage ofthe Ordinance provided for in section 4 oftms Order the
engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 10 OF 12
th~ official boundaries and zoning maps as provided in Meridian City Code ~ 11-21 ~ 1 in accordance
with the provisions of the annexation and zoning ordinance.
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 ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
OrA
o - day of
J tvh-R.-
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED $!L-
COUNCILMAN BILL NARY
VOTED~L-
COUNCILMAN CHARLIE ROUNTREE
VOTED$a--
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 11 OF 12
COUNCILMAN KEITH BIRD
VOTED ~a.-
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 6-8-0{-
.--
VOTED
MOTION:
APPROVED:---X- DISAPPROVED:
Mayor T e
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William G. Berg, Jr., City ler \. '1'0 uSr 1':;1 ,~~<:r' /
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Copy served upon Applicant, the Planni:~/M![Zbniiig I:?~~~~'ii~ent, Public Works Department and
the City Attorney. I'I)i. i i..i'-
Attest:
By:j'1\tl . _JY\ Q 0 I'R)
CIty Clerk's Office
Dated:
LD. 18 -()L\-
Z:\Work\M\Meridian\Meridian ] 5360MlJaydan Village Subdivision AZ-04-003 PP-04-002 CUP-04-004\AZFfCl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 12 OF 12
June-3, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Packard Estates, LLC
PP 04-002
June 8, 2004
ITEM NO.
REQUEST Findings - Request for Preliminary Plat approval of 75 residential building lots
and 8 common lots on 16.73 acres in a proposed R-8 zone for proposed Jaydan Village
Subdivision - 5325 West Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Findings
rAf"r/
Contacted:
Emailed: (\
o 1 2004
interoffice
MEMORANDUM
City Of Meridian
City Clerk Office
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Jaydan Village Subdivision
File:
PP-04-002
Date:
May 27,2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their May 25,2004 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attorney office, if Council
approves the Findings.
If you have any questions arise please advise.
Z:\Work\M\Metidian\Meridian 1.5360MIJaydan Village Subdivision AZ-04-003 PP-04-002 CUP-04-004\BergPrePIat MEMO 05 27 04.da:
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR JA YDAN VILLAGE
SUBDIVISION FOR 73
RESIDENTIAL LOTS AND 8
COMMON LOTS IN A PROPOSED
R-8 ZONE LOCATED ON THE
SOUTH SIDE OF US TICK ROAD,
APPROXIMA TEL Y % MILE WEST
OF BLACK CAT ROAD,
MERIDIAN, IDAHO
BY: PACKARD ESTATES
DEVELOPMENT, LLC
APPLICANT
C/C OS/25/04
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Case No. PP-04-002
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 May 25, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, Kent
Brown, Kathleen Denny and Brad Watson, appeared and testified, and the City Council having
received a report from Steve Siddoway for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III, and the City Council having received as part ofthe
record of this matter the recommendation to City Council of the Planning and Zoning
Commission and the preliminary plat being "PRELIMINARY PLAT FOR JA YDAN VILLAGE
SUBDIVISION, LOCATED IN THE NE ~ OF SECTION 4 T. 3 N., R. 1 W., B.M.
MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 12/01103 KDH, DWG NO. 30401,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION / (pP-04-002)
Page 1 of16
REVISION: 01109/04 BY: KDH, REVISION: 02111/04 BY: KDH, REVISION: 02119/04 BY:
KDH, REVISION 03/23/04 BY: KDH, REVISION: OS/20/04 BY: KDH, SHEET: 1 OF 1
PREPLAT 30401 - PRE(2). DWG, PACKARD ESTATES DEVELOPMENT, LLC-
OWNERJDEVLOPER, BRIGGS ENGINEERING, INe. - PLANNER, HANDWRITTEN
DATE: 5/20/04, STAMPED: MAY 20 2004, STAMPED: RECEIVED MAY 212004 CITY OF
MERIDIAN CITY CLERK. OFFICE", Packard Estates Development, LLC, Developer, submitted
for preliminary plat approval and which preliminary plat for approval application is herein
received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore
the City Council makes tOhe 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-8 is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code S 11-7-2 D]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan City
of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the requested zoning
designation ofR-8 is harmonious with and in accordance with the effective Comprehensive Plan and
Generalized Land Use Map. A revised plat was submitted by the applicant to address issues raised in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JAYDAN VILLAGE SUBDIVISION / (pP-04-002)
Page 2 of16
the original staff report. The revised plat, which is approved, has a Handwritten Date: 5120104,
Stamped: MAY 20 2004, Stamped: Received MAY 21 2004 CITY OF MERIDIAN CITY CLERK
OFFICE.
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. It is found that the subject property to be annexed may be
served adequately by all essential public facilities and services. Water and sanitary sewer service are
proposed to be extended from existing main lines to and through the proposed development, thereby
making them available to the adjacent properties. The major concerns of the Police Department, Fir
Department, and ACHD have been addressed in the revised plat.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and ifthe 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, as the developer will installing sewer, water, local street infrastructure,
utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds.
5. It is found that the development will not require major expenditures for providing
supporting services.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth. It is found that there should not be any other health, safety or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION I (PP-04-002)
Page 3 of16
environmental problems associated with this subdivision. ACHD considers road safety issues in
their analysis; no hazardous natural features have been identified on the site.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT FOR JAYDAN VILLAGE
SUBDNISION, LOCATED IN THE NE ~ OF SECTION 4 T. 3 N., R. 1 W., B.M.
MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 12/01/03 KDH, DWG NO. 30401,
REVISION: 01/09/04 BY: KDH, REVISION: 02/11/04 BY: KDH, REVISION: 02/19/04 BY:
KDH, REVISION 03/23/04 BY: KDH, REVISION: OS/20/04 BY: KDH, SHEET: 1 OF 1
PREPLAT 30401 - PRE(2). DWG, PACKARD ESTATES DEVELOPMENT, LLC-
OWNERlDEVLOPER, BRIGGS ENGINEERING, INC. - PLANNER, HANDWRITTEN
DATE: 5/20/04, STAMPED: MAY 20 2004, STAMPED: RECENED MAY 21 2004 CITY OF
MERIDIAN CITY CLERK OFFICE".
8. There are significant existing trees that affect the consideration of this
application.
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 having submitted the
preliminary plat "PRELIMINARY PLAT FOR JA YDAN VILLAGE SUBDIVISION,
LOCATED IN THE NE ~ OF SECTION 4 T. 3 N., R. 1 W., B.M. MERIDIAN, ADA
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION I (pP-04-002)
Page 4 of16
COUNTY, IDAHO, DWG DATE: 12/01103 KDH, DWG NO. 30401, REVISION: 01/09/04
BY: KDH, REVISION: 02/11/04 BY: KDH, REVISION: 02/19/04 BY: KDH, REVISION
03/23/04 BY: KDH, REVISION: OS/20/04 BY: KDH, SHEET: 1 OF 1 PREPLAT 30401 -
PRE(2). DWG, P ACKARD ESTATES DEVELOPMENT, LLC - OWNERlDEVLOPER,
BRIGGS ENGINEERING, INC. - PLANNER, HANDWRITTEN DATE: 5/20/04, STAMPED:
MAY 20 2004, STAMPED: RECEIVED MAY 21 2004 CITY OF MERIDIAN CITY CLERK
OFFICE", Packard Estates Development, LLC, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as modified by the P&Z Commission, as follows:
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1. All conditions of the accompanying Conditional Use Permit application
shall also be considered conditions of the Preliminary Plat.
2. Build the proposed islands/medians shown as Lot 1 Block 5 and Lot 1 Block
7 as shown on the revised plat so that the islands are centered on a side lot
line of an adjacent property, instead oflocated squarely in front of a lot.
3. The common lots adjacent to North Christian Avenue near the entrance to
the subdivision shall be constructed at least 15 feet wide.
4. The landscape plan shall be modified per the following:
a. Modify the landscape plan to reflect the revised plat layout.
b. Show the existing trees to be removed or retained, their sizes, and
any required mitigation. Also state any protection measures to be
used during construction.
c. The landscape plan depicts the edge of landscaping at the edge of
the common lot along Ustick Road. Since the widening of Us tick
is not in ACHD's Five Year Work Program, per Ordinance 12-13-
10-9, modify the landscape plan to show a to-foot gravel shoulder
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION / (pP-04-002)
Page 5 of16
adjacent to the existing edge of pavement and the remainder shall
be landscaped with at least grass.
d. No stormwater swales are currently depicted on the plan. Add
contours and landscaping for any anticipated stormwater swales.
5. Sanitary sewer service to this site shall be via main line extensions from the
existing mains adjacent to the property in Tricia's Subdivision. Minimum
depth of cover over the sanitary sewer mains shall be 3-feet per City of
Meridian Specifications.
6. Domestic water service to this site shall be via main line extensions from the
existing mains adjacent to the property.
7. Applicant will be responsible to construct the sewer and water mains to and
through this proposed development, thereby making them available to
adjacent properties. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
8. The applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the N amp a & Meridian
Irrigation District, although this project is within the Settler's Irrigation
District. If this scenario doesn't work out, the applicant will be required to
install an independent system that would be owned and operated by the
Settl er' s Irrigation District, or they shall retain the system under their private
ownership and maintenance.
Underground year-round pressurized irrigation must be provided to all
lots within this development (MCC 12-5-2.N). The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The Applicant shall be required to
utilize any existing surface or well water for the primary source. If a
surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is
utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by
the City Engineer. If the system is to remain private, a draft copy ofthe
pressurized irrigation system O&M manual must be submitted prior to
plan approval.
9. A detailed fencing plan shall be submitted with the application for final plat.
A 6-foot solid fence shall be required around the perimeter of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION / (pP-04-002) Page 6 of 16
subdivision unless the City agrees in writing that such a fence is not
required. Applicant shall address intended fencing design at the public
hearings.
10. In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot
detached sidewalks adjacent to Ustick Road. Applicant shall also provide 5-
foot attached or 4-foot detached sidewalks internally.
11. Please revise the preliminary plat to show all existing and proposed
irrigation/drainage easements. In their letter-of March 5, 2004 letter, the
Settler's Irrigation District expressed their concern over the existing Johnson
Lateral#65 which traverses the property.
12. The applicant shall be responsible for payment of and the actual physical
sanitary sewer and domestic water connection for the existing house.
] 3. The applicant shall choose prior to the City Council hearing, whether or not
(A) to establish two common lots for the future right of way to be deeded to
ACHD, or (B) deed the right of way now to ACHD for no compensation.
GENERAL COMMENTS-PRELIMINARY PLAT
1. Please submit a copy of the Ada County Street Name Committee's approval
letter for the subdivision name, and the lot and block numbering. Make any
corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for
all fencing, landscaping, play equipment, pressurized irrigation, sanitary
sewer, water, etc., prior to signature on the final plat.
4. Any pathways or micropaths within the proposed subdivision shall be
designed in accordance with MCC 12-13-15 "Micropath Landscaping".
5. A detailed landscape plan, in compliance with the Landscape Ordinance,
shall be submitted for the subdivision with the final plat application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION / (pP-04-002)
Page 7 of 16
6. Sidewalks within the proposed subdivision shall be built in accordance with
MCC12-13-10-8.
7. 250 and 100-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall
be installed at subdividerrs expense. Typical locations are at street
intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company.
The street light contractor shall obtain design and permit from the Public
Works Department prior commencing installations.
8. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owner's), with written approval or non-approval submitted
to the Public Works Department. Iflateral users association approval can't
be obtained, plans will be reviewed and approved by the meridian City
Engineer prior to final plat signature.
9. Please submit all updated groundwater/soils monitoring data to the Public
Works Department for review. The original study report dated 12/5/03
indicates that groundwater may be a factor. All drainage areas
(detention/retention basins) must be designed to ensure that water is retained
only during 1 OO-year storm events, and for a period oftime not to exceed 24
hours. Side slopes within drainage areas shall not exceed 3: 1. 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.
10. Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of
caliper inches of trees that were removed. Required landscaping trees will
not be considered as replacement trees for those trees that are removed.
11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Section
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDMSION I (pP-04-002)
Page 8 of16
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
13. 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.
14. 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.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. The applicant shall do one ofthe following:
a. Dedicate by donation a total of 48-feet of right-of-way along
Ustick Road, and construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located a minimum of 41-feet from
the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along Ustick Road, located a
minimum of 41-feet from the centerline of the right-of-way, in an
easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along Ustick Road, located at the
back edge of the existing right-of-way. Accomplish all necessary
adjustments to properly accommodate existing drainage and
utilities.
2. Construct North Christian Avenue to intersect Ustick Road approximately
170-feet east ofthe west property, as proposed.
3. Construct the internal roadways as 36-foot street sections with rolled
curb, gutter and attached 5-foot concrete sidewalks on both sides ofthe
roadway, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION / (pP-04-002)
Page 9 of16
4. Extend West Fairbrough Drive from the east property line approximately
450-feet north of the south property line, as proposed.
5. Construct a stub street (West Elisha Street) to the west property line
approximately 100- feet north of the south property line, as proposed.
Install a sign at the terminus of the roadway that states, "this road will be
extended in the future".
6. Construct a stub street (West Rozy Street) to the west property line
approximately 190- feet south of U stick Road, as proposed. Install a sign
at the terminus of the roadway that states, "this road will be extended in
the future".
7. Construct two knuckles without a center island within the subdivision, as
proposed.
8. Construct an island/median within North Jaydan Avenue and North
Christian Avenue. Construct the island a minimum of 4-feet wide to total
a minimum of a 100-square foot and provide a minimum of a 21- foot
street section on either side of any proposed center island. The island
shall be owned and maintained by a homeowners association.
9. Other than the access point that has specifically approved with this
application, direct lot access to Ustick Road is prohibited. Notes of this
access restriction shall be placed on the final plat.
10. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development.
Contact Construction Services at 387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION I (pP-04-002)
Page 10 of16
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact the District's Utility
Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, 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 #198, also known as Ada
County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of-way. The applicant at no cost to ACHD shall repair existing
utilities damaged by the applicant. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
to. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION I (pP-04-002)
Page 11 of16
advises the Highway District of its intent to change the planned use of the
subject property unless a waiver/variance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change
in use is sought.
C. Adopt the Recommendations of the 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 Recommendations of Nampa Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. The District's Sky Pilot and Kaylinda Drains course through the proposed
project. This easement must be protected and any encroachment without a
signed License Agreement and approved plan, before any construction is
started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District must
review drainage plans.
5. The Developer must comply with Idaho Code 31-3805.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION / (pP-04-002)
Page 12 of 16
6. NMID recommends that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
E. Adopt the Recommendations of Settlers Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must be
protected and continue to function. The facility involved is the Johnson
Lateral #65. This lateral currently delivers irrigation water to a portion of
this property. SID needs to maintain this water delivery regardless of
who will operate and maintain the pressure irrigation system.
2. A land use change application must be on file prior to any approvals.
3. A license agreement must be signed and recorded prior to construction of
any SID facilities.
4. any changes to the existing irrigation system such as relocation, tiling,
and landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to allots within the above-
mentioned subdivision. If the developer wishes to have Settlers Irrigation
District own, operate, and maintain the pressure irrigation system an
agreement needs to be in place prior the pre-construction meeting.
F. 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 of 2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart. International Fire Code
Appendix D.
2. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire hydrants shall have the 41/4" outlet face the main street or parking lot
aisle.
b. The fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION I (pP-04-002)
Page 13 of16
of the hydrant location.
e. Fire hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. 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 an approved turn
around.
4. All entrance and internal roads shall have a turning radius of28' inside and
48' outside.
5. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
6. The roadways shall be built to Ada County Highway Standards and shall
have a clear driving surface, available at all times, which is 20' wide.
Streets with less than a 29' street width shall have no parking. Streets with
less than 33' shall have parking only on one side.
G. Adopt the Recommendations of the Parks Department as follows:
1. Standard for Mitigation of trees: The standard established in the City of
Meridian Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The
standard established in the City of Meridian Landscape Ordinance will be
followed.
H. Adopt the action ofthe City Council taken at their May 25,2004 meeting as follows:
For clarification:
1. Pertaining to the Ustick Road future right-of-way, the applicant is
intending to show future right-of-way by placing it in a common lot that
will be held by the Homeowners Association until such time as the Ada
County Highway District would need to purchase that right-of-way. A
sidewalk would be constructed on the back edge of the future right-of-
way.
FINDINGS OF PACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION / (pP-04-002)
Page 14 of 16
2. The revised plat with a handwritten date: 5120/04, and stamped: MAY 20
2004, and stamped: RECEIVED MAY 21 2004 CITY OF MERIDIAN
CITY CLERK OFFICE, is hereby approved.
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 8-16=..
day of c-T~ ,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED ~'--
VOTED$"--
VOTED~
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION / (pP-04-002)
Page 15 ofl6
COUNCILMAN KEITH BIRD
VOTED~tL.-
VOTED
MAYOR TAMMYdeWEERD
(TIE BREAKER)
Attest:
')
By:~\'Q j1.~JL!6J
City Clerk's Office
Dated: LD..-I K..- 04
Z:\Work\M\Meridian\Meridian I 5360MVaydall Village Subdivision AZ.04-003 PP.04-002 CUP-04-004\FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
JA YDAN VILLAGE SUBDIVISION I (pP-04-002)
Page 16 of16
June- 3, 2004
MERIDIAN CITY COUNCIL MEETING
A~PLlCANT Packard Estates, LLC
CUP 04-004
June 8,2004
ITEM NO. 5.1:)
REQUEST Findings - Request for a Conditional Use Permit for a Planned Development with
request for reduction to the minimum requirements for lot size, street frontage, and front yard
setbacks for side entry garages for proposed Jaydan village Subdivision - 5325 W. Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY fiRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: J2/CYtur 0 Qe--o l~ Date: (~7 Phone:
Emailed: richlcrdr@hr ;9.9s-en31'nee(1 fiB' CO[lStaff Initials: ----f'Y)~
Materials presenfea af pUblic meetings shall become property of the City of Meridian.
See attached Findings
/
wrr
R
Ll
01 2004
interoffice
MEMORANDUM
Citv Of I\1eriilian
City Clerk Oft1ce
To:
William G. Berg, Jr.
From:
William F. Nichols
Subject:
BY: PACKARD ESTATES, LLC FOR CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT FOR JA YDAN VILLAGE SUBDIVISION IN R-8
ZONE
File No.:
CUP-04-004
Date:
May 27,2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a calL
Z:\Work\M\Meridian\Metidian ] 5360M\Jaydan Village Subdivision AZ-04-003 PP-04-002 CUP-04-004\ClkLtrCUPffcls&Order 0527 04.dcc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
, C/C OS/25/04
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR 73 BUILDING )
LOTS AND 8 COMMON LOTS IN A )
SINGLE FAMILY RESIDENTIAL )
PLANNED DEVELOPMENT ON )
16.73 ACRES IN A PROPOSED R-8 )
ZONE FOR JA YDAN VILLAGE )
SUBDIVISION, LOCATED ON THE )
SOUTH SIDE OF USTICK ROAD, )
APPROXIMATELY ~MILE WEST )
OF BLACK CAT ROAD, )
MERIDIAN, IDAHO )
)
PACKARD ESTATES, LLC, )
APPLICANT )
)
Case No. CUP-04-004
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 May 25,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Brad Hawkins-Clark for the Planning and Zoning Department, Kent Brown,
Kathleen Denny, and Brad Watson, 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
PAGEIOF21
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 May 25, 2004, 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 May 25,2004 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 zone and by reason of the
provisions ofthe Meridian City Code ~ 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located on the south side of Us tick Road, approximately U mile
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 21
west of Black Cat Road, Meridian, Idaho.
5. The owner of record of the subject property is BEG Land Holdings, Inc. and they
have submitted notarized consent for the subject application.
6. Applicant is Packard Estates, LLC.
7. The subject property is currently zoned RUT by Ada County and consists of
agricultural land and a rural residence. There is, however, an application for annexation and
zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-8
is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a Planned
Development for 73 building lots and 8 common lots on 16.73 acres in an R-8 zone for Jaydan
Village Subdivision. The R-8 zoning designation is within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses including
those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section
11-8-1 ).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Medium Density Residential.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
1 I. There are significant existing trees that affect the consideration of this
application.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 21
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
SITE SPECIFIC CONDITIONS (Conditional Use Permit)
1. Applicant shall meet all ofthe requirements of the annexation and preliminary plat as
a condition ofthe Conditional Use Permit.
2. The project shall conform to the modified dimensional standards, as follows:
a. Minimum lot frontage: 52 feet.
b. Minimum lot size: 5460 feet
3. Two amenities are required for this application. The amenities that will be required
are a community swimming pool and a nearby cabana, as presented during the public
hearing.
4. Six foot tall fencing shall be permitted along the back of Lot I, Block 2 and Lot 15,
Block 8. Such fencing shall taper to 3 feet tall within 20 feet ofRozy St.
FIRE DEPARTMENT CONDITIONS
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 21
2. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. 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 an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only
on one side.
PARKS DEPARTMENT CONDITIONS
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick
Road, located a minimum of 41-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 21
wide concrete sidewalk along Ustick Road, located a minimum of 41-feet
from the centerline of the right-of-way, in an easement provided to the
District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. Construct North Christian Avenue to intersect Ustick Road approximately 170-
feet east of the west property, as proposed.
3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter
and attached 5-foot concrete sidewalks on both sides ofthe roadway, as proposed.
4. Extend West Fairbrough Drive from the east property line approximately 450-feet
north of the south property line, as proposed.
5. Construct a stub street (West Elisha Street) to the west property line
approximately 100-feet north of the south property line, as proposed. Install a
sign at the terminus of the roadway that states, "this road will be extended in the
future" .
6. Construct a stub street (West Rozy Street) to the west property line approximately
190-feet south of Us tick Road, as proposed. Install a sign at the terminus of the
roadway that states, "this road will be extended in the future".
7. Construct two knuckles without a center island within the subdivision, as
proposed.
8. Construct an island/median within North Jaydan Avenue and North Christian
A venue. Construct the island a minimum of 4- feet wide to total a minimum of a
I OO-square foot and provide a minimum of a 21- foot street section on either side
of any proposed center island. The island shall be owned and maintained by a
homeowners association.
9. Other than the access point that has specifically approved with this application,
direct lot access to Ustick Road is prohibited. Notes ofthis access restriction shall
be placed on the final plat.
10. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 21
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING COND.ITIONAL USE PERMIT
PAGE 7 OF 21
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. The District's Sky Pilot and Kaylinda Drains course through the proposed project.
This easement must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
5. The Developer must comply with Idaho Code 31-3805.
6. NMID recommends that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
D. Adopt the action of the City Council taken at their May 25,2004 meeting as follows:
For clarification:
1. The planned development shall be allowed a minimum lot frontage of 52 feet
which is 5,460 feet from the normal 65 minimum lot size of 6,500 feet, with the
garages being entered from the rear of the property.
2. The amenities shall be include a swimming pool and cabana, as the existing barn
would require too much expense to make the barn functional and safe for usage.
The total open space is at 7.65 percent for the project.
3. Pertaining to the Ustick Road future right-of-way, the applicant is intending to
show future right-of-way by placing it in a common lot that will be held by the
Homeowners Association until such time as the Ada County Highway District
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 21
would need to purchase that right-of-way. A sidewalk would be constructed on
the back edge ofthe future right-of-way.
14. It is found that the subject property is large enough to accommodate the requested use
and all other required features. All residential lots are of adequate size and shape to accommodate
homes that would comply with the proposed bulk and dimensional standards.
15. The current Comprehensive Plan Land Use Map designates the majority of the
property as "Medium Density Residential". The northwest portion ofthe site is shown as Mixed Use-
Community, as part of a future neighborhood center. It is found that if the modifications required in
the Staff Report are done, the application will meet the requirements ofthe Planned Development
and other Zoning Ordinances.
16. It is found that the design concept is compatible with the intended character of the
area.
17. It is not anticipated that the proposed development will have an adverse impact on
the surrounding property.
18. It is found that the property to be annexed may be served adequately served by all
the essential public facilities and services. Applicant shall be required to extend water and
sanitary sewer mains to and through the proposed development, thereby making them available
to the adjacent properties. The major concerns of the Police Department, Fire Department, and
ACHD have been addressed in the revised plat.
19. The developer will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future residents will be fire
and police services. It is found that there will not be excessive additional requirements at public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 21
cost and the annexation and zoning will not be detrimental to the community's economic
welfare.
20. It is found that the proposed development will not create excessive traffic, noise,
or other nuisances that would be detrimental to the general welfare of the surrounding area.
Using ACHD's formula of 10 vehicle trips per single family residential lot, the project is
anticipated to generate up to 750 additional vehicle trips per day. The fact is recognized that
traffic and noise will increase with the approval of this subdivision, however, it is not felt that the
amount generated will be detrimental to the public welfare of the city.
21. The proposed access to the subdivision from Ustick Road has been approved by
ACHD, as follows, "Construct North Christian Avenue to intersect Ustick Road approximately
170-feet east of the west property, as proposed." It is not anticipated that the subdivision will
cause significant interference with traffic on the surrounding public streets.
22. It is found that several existing mature trees will be removed to accommodate the
proposed roads. Any existing trees larger than 4" caliper that are removed shall be mitigated for,
per the Landscape Ordinance. If any trees are deemed to be hazardous, diseased or dying by the
City Arborist, Elroy Huff, mitigation will not be required for those trees. It is recommended that
the applicant verify the status of the existing trees prior to submitting final plat and detailing any
required mitigation on the detailed landscape plan submitted with the final plat.
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 (Le. 967-6503).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 21
(
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 permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions ofthe ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code 9 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 21
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 coinmunity;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Medium Density Residential
District (R-8), a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the land under consideration for the conditional use permit all in accordance with
the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development
Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation 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
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion ofthe
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 21
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 C,ity Code S
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
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for a Planned
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 21
Development for 73 building lots and 8 common lots on 16.73 acres in an R-8 zone for Jaydan
Village Subdivision located on the south side of Us tick Road, approximately ~ mile west of
Black Cat Road, Meridian, Idaho, subject to the following conditions of use and development,
subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
SITE SPECIFIC CONDITIONS (Conditional Use Permit)
1. Applicant shall meet all of the requirements of the annexation and preliminary plat as
a condition of the Conditional Use Permit.
2. The project shall conform to the modified dimensional standards, as follows:
a. Minimum lot frontage: 52 feet.
b. Minimum lot size: 5460 feet
3. Two amenities are required for this application. The amenities that will be required
are a community swimming pool and a nearby cabana, as presented during the public
hearing.
4. Six foot taU fencing shall be permitted along the back of Lot 1, Block 2 and Lot 15,
Block 8. Such fencing shall taper to 3 feet tall within 20 feet ofRozy St.
FIRE DEPARTMENT CONDITIONS
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D
2. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4Y2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. The phasing plan may require that any roadway greater than 150' in length that is
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 21
not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only
on one side.
P ARKS DEPARTMENT CONDITIONS
1. Standard for Mitigation of trees: The standard established in the City ofMeridiail
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick
Road, located a minimum of 41-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located a minimum of 41-feet
from the centerline of the right-of-way, in an easement provided to the
District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. Construct North Christian Avenue to intersect Ustick Road approximately 170-
feet east of the west property, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 21
3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter
and attached 5-foot concrete sidewalks on both sides of the roadway, as proposed.
4. Extend West Pairbrough Drive from the east property line approximately 450-feet
north of the south property line, as proposed.
5. Construct a stub street (West Elisha Street) to the west property line
approximately 100-feet north of the south property line, as proposed. Install a
sign at the terminus of the roadway that states, "this road will be extended in the
future" .
6. Construct a stub street (West Rozy Street) to the west property line approximately
190-feet south of Us tick Road, as proposed. Install a sign at the terminus of the
roadway that states, "this road will be extended in the future".
7. Construct two knuckles without a center island within the subdivision, as
proposed.
8. Construct an island/median within North Jaydan Avenue and North Christian
A venue. Construct the island a minimum of 4- feet wide to total a minimum of a
IOO-square foot and provide a minimum of a 21- foot street section on either side
of any proposed center island. The island shall be owned and maintained by a
homeowners association.
9. Other than the access point that has specifically approved with this application,
direct lot access to Ustick Road is prohibited. Notes ofthis access restriction shall
be placed on the final plat.
10. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 21
(
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, 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 #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way.
The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative
and an authorized representative of the Ada County Highway District. The burden
shall be upon the applicant to obtain written confirmation of any change from the
Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject
of this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
c. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF21
(
1. Applicant shall apply for a land use change application prior to final platting.
2. AU laterals and waste ways must be protected.
3. The District's Sky Pilot and Kaylinda Drains course through the proposed project.
This easement must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans.
5. The Developer must comply with Idaho Code 31-3805.
6. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
D. Adopt the action ofthe City Council taken at their May 25,2004 meeting as follows:
For clarification:
1. The planned development shall be allowed a minimum lot frontage of 52 feet
which is 5,460 feet from the normal 65 minimum lot size of 6,500 feet, with the
garages being entered from the rear of the property.
2. The amenities shall be include a swimming pool and cabana, as the existing barn
would require too much expense to make the barn functional and safe for usage.
The total open space is at 7.65 percent for the project.
3. Pertaining to the Ustick Road future right-of-way, the applicant is intending to
show future right-of-way by placing it in a common lot that will be held by the
Homeowners Association until such time as the Ada County Highway District
would need to purchase that right-of-way. A sidewalk would be constructed on
the back edge of the future right-of-way.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PEImITf
PAGE 18 OF 21
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
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 ofthe future phases shall be null and void. (MCC 11-17-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 19 OF 21
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 S 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
dfA/}JU
&-f-b
day of
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED ~i..../
VOTED~
VOTED~_
VOTED fie^--
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
6-B-04-
VOTED
--
DATED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 20 OF 21
MOTrON:
APPROVED:+
DISAPPROVED:
Attest:
William G. Berg, Jr., City ler
~"?G:. fJ
- -~~ .....0 () ::.:
Copy served upon Applicant, Plannirf~ldrl Jng;Depa;f1pi~fit, Public Works
D d th C. A ..... ~"'1 ^ ......"?- "
. epartment an e Ity ttomey. ....../1 .....OUt fT"'< \V ~~\.'
1/111 Ii ' .\\\,,\.
JlIhJii !~~\\\\~
By: Ju 11 JJ 1\ ~J IV
City Clerk's Office
Dated:
lJl- \ g ,n4
Z:\Work\M\Meridian\Meridian 15360MVaydan Village Subdivision AZ-G4-003 PP-04-002 CUP-04-004\FfClsCUP04-004.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 21 OF 21
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C OS/25/04
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR 73 BUILDING )
LOTS AND 8 COMMON LOTS IN A )
SINGLE FAMILY RESIDENTIAL )
PLANNED DEVELOPMENT ON )
16.73 ACRES IN A PROPOSED R-8 )
ZONE FORJAYDANVILLAGE )
SUBDIVISION, LOCATED ON THE )
SOUTH SIDE OF USTICK ROAD, )
APPROXIMA TEL Y ~ MILE WEST )
OF BLACK CAT ROAD, )
MERIDIAN, IDAHO )
)
PACKARD ESTATES, LLC, )
APPLICANT )
)
Case No. CUP-04-004
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on May 25, 2004, 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 pennit for a Planned
Development for 73 building lots and 8 common lots on 16.73 acres in an R-8 zone for Jaydan
Village Subdivision located on the south side of Us tick Road, approximately ~ mile west of
Black Cat Road, Meridian, Idaho, subject to the following conditions of use and development:
ORDER CONDITIONAL USE PERMIT
(CUP-04-004)
PAGE 1 OF 9
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
SITE SPECIFIC CONDITIONS (Conditional Use Permit)
1. Applicant shall meet an of the requirements of the annexation and preliminary plat as
a condition of the Conditional Use Permit.
2. The project shall conform to the modified dimensional standards, as follows:
a. Minimum lot frontage: 52 feet.
b. Minimum lot size: 5460 feet
3. Two amenities are required for this application. The amenities that will be required
are a community swimming pool and a nearby cabana, as presented during the public
hearing.
4. Six foot tall fencing shall be permitted along the back of Lot 1, Block 2 and Lot 15,
Block 8. Such fencing shall taper to 3 feet tall within 20 feet of Rozy St.
FIRE DEPARTMENT CONDITIONS
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D
2. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. The phasing p Ian may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
ORDER CONDITIONAL USE PERMIT
(CUP-04-004)
PAGE 2 OF9
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only
on one side.
PARKS DEPARTMENT CONDITIONS
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick
Road, located a minimum of 41-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located a minimum of 41-feet
from the centerline of the right-of-way, in an easement provided to the
District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. Construct North Christian Avenue to intersect Ustick Road approximately 170-
feet east of the west property, as proposed.
3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter
and attached 5-foot concrete sidewalks on both sides of the roadway, as proposed.
ORDER CONDITIONAL USE PERMIT
(CUP-04-004)
PAGE 3 OF9
4. Extend West Pairbrough Drive from the east property line approximately 450-feet
north of the south property line, as proposed.
5. Construct a stub street (West Elisha Street) to the west property line
approximately 100-feet north of the south property line, as proposed. Install a
sign at the terminus of the roadway that states, "this road will be extended in the
future".
6. Construct a stub street (West Rozy Street) to the west property line approximately
190-feet south of Us tick Road, as proposed. Install a sign at the terminus ofthe
roadway that states, "this road will be extended in the future".
7. Construct two knuckles without a center island within the subdivision, as
proposed.
8. Construct an island/median within North Jaydan Avenue and North Christian
A venue. Construct the island a minimum of 4- feet wide to total a minimum of a
tOO-square foot and provide a minimum of a 21- foot street section on either side
of any proposed center island. The island shall be owned and maintained by a
homeowners association.
9. Other than the access point that has specifically approved with this application,
direct lot access to Ustick Road is prohibited. Notes of this access restriction shall
be placed on the final plat.
10. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
ORDER CONDITIONAL USE PERMIT
(CUP-04-004)
PAGE 4 OF9
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 #198, 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. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions 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 ofthe subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
ORDER CONDITIONAL USE PERMIT
(CUP-04-004)
PAGESOF9
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. The District's Sky Pilot and Kaylinda Drains course through the proposed project.
This easement must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
5. The Developer must comply with Idaho Code 31-3805.
6. NMID recommends that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
D. Adopt the action of the City Council taken at their May 25,2004 meeting as follows:
For clarification:
1. The planned development shall be allowed a minimum lot frontage of 52 feet
which is 5,460 feet from the normal 65 minimum lot size of 6,500 feet, with the
garages being entered from the rear of the property.
2. The amenities shall be include a swimming pool and cabana, as the existing barn
would require too much expense to make the barn functional and safe for usage.
The total open space is at 7.65 percent for the project.
3. Pertaining to the Ustick Road future right-of-way, the applicant is intending to
show future right-of-way by placing it in a common lot that will be held by the
Homeowners Association until such time as the Ada County Highway District
would need to purchase that right-of-way. A sidewalk would be constructed on
the back edge of the future right-of-way.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
ORDER CONDITIONAL USE PERMIT
(CUP-04-004)
PAGE60F9
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
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 ofthe
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. Ifthe 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.)
ORDER CONDITIONAL USE PERMIT
(CUP-04-004)
PAGE 7 OF9
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 of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
dtvr..-e.-
8-1~
day of
, 2004.
Attest:
SEAL
~
"G j))_
~ ~ Qu I-,~'J,...", :::
~ ."6 "8r 1S\ . /" <,,,;;, ,~
~ ~ ~ _~"..4 ~
...... C \\}l "
"'''1 0, p. r-'{ .. ",
"1'/ ....1'<) , , \"
ORDER CONDITIONAL USE PERl\fiT II/In'''i ;:1\\\\\\\
(C UP-04-0 04)
PAGE80F9
(,
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By. ,_k ~JVU
City Clerk's Office
Dated: LD-l ~/Of
ORDER CONDITIONAL USE PERMIT
(CUP-04-004)
PAGE 9 OF9
June 3,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Falcon Creek, LLC
AZ 04-004
June 8,2004
ITEM NO.
REQUEST Findings - Request for annexation and zoning of 34.6 acres from RUT to I-L, L-O,
and C-G zones for proposed McNelis Subdivision - northwest comer of North Ten Mile Road and
West Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DE?T:
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: 0~l( tA A/L~J(juj- Date:!o -- 7 Phone:
Emailed:e.s-bec..lL~m@4JAeS-f.nr..J- Staff Initials: m 4-
Materials presentecYat publiC meetings shall become property of the City of Meridian.
See attached Findings
--rf} vY
uvyf
REC.EIVED
JUN 0 3 2004
City Of Meridian
City Clerk Office
WHITE PETERSON
ArrORNEYS AT LAw
KEVIN DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAV, III
T. GUY HALLAM **
JILLS. HOLlNKA
JOHN R. KORMANI K *
WILLIAM A. MORROW
WILLIAM F. NICHOLS **
CANYON PARK ATTHE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRIsrOPHERS. NVE
PHILIP A. PEITERSON
TODD A. ROSSMAN
TERRENCE R. WHITE no
* Also admitted in CA
** Also admitted in OR
*** Also admitted in WA
June 2, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: FALCON CREEK, LLC / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT
AGREEMENT I ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE
AND SUMMARY ORDINANCE COVER LETTER / AZ-04-004
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND
ZONING prepared as per instructions from the Council meeting of May 25,2004, and which are on
an upcoming Council agenda. I have also attached the original of the Development Agreement for the
owner(s) and!or developer(s) signatures. After the Council meeting, if Council approves the Findings of Fact
and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development
Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the Development
Agreement to the owners(s) and/or developer(s) for signatures.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have
been adopted, then please place this ordinance on the City Council agenda. This ordinance should
not be passed until the Findim!s of Fact and Conclusions of Law and Decision and Order
Grantin2 Application for Rezone are adoDted. Additionally, I have enclosed a Summary
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Z:\Work\M\Meridian\Meridian IS360MIMcNelis AZ-04-004 PP-04-Q04\FFCL DEV AGMT ORD Clerk Ltr 06 02 04.dcc
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 34.6 ACRES FOR
PROPOSED McNELIS
SUBDIVISIONFROM RUT TO I-L,
L-O, AND G-C, LOCATED ON THE
NORTHWEST CORNER OF
USTICK ROAD AND TEN MILE
ROAD, WITHIN SECTION 34 OF
TOWNSHIP 4 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
FALCON CREEK, LLC,
APPLICANT
C/C OS/25/04
Case No. AZ-04-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on May 25,2004, at the hour of7:00 p.m., and Brad Hawkins-Clark for the Planning and Zoning
Department, Becky McKay, Kathleen Denny, Nathan Denny, Charles Crane, Dana Borquist,
Janet Wilder, Steve Weber, and Bruce Mills, appeared and testified, and the City Council having
duly considered the evidence and the record in this matter therefore makes the following
Findings of Pact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004 )
PAGE] OF 23
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
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 as described in the application, is approximately 34.6 acres in size and is located on the
northwest corner of Us tick Road and Ten Mile Road, within Section 34 of Township 4 North,
Range 1 West, 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 owner of record of the subject property is Falcon Creek, LLC, and A. Leon
Blaser is an authorized agent for Falcon Creek, LLC, who has provided notarized consent for the
subject application. Applicant is Falcon Creek, LLC.
5. The property is presently zoned RUT (Ada County), and there is an existing
residence with other outbuildings currently on the site.
6. The Applicant requests the property be zoned as L-O, I-L, and C-G.
7. The subject property is surrounded by the following properties and uses:
North: Waste Water Treatment Plant/Idaho Power transmission line/Mini-storage,
zoned 1- L.
South: Single-family homes (Englewood Creek Estates), zoned R-4.
East: Single-family homes (Hartford Subdivision), zoned R-4/Single-family home
on 75-acres, zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTfNG APPLICATION
FOR ANNEXA TrON AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 2 OF 23
West: Single-family homes on large parcels, zoned R-2, C-N, and RUT.
8. The Applicant proposes to develop the subject property in the following manner:
A commercial subdivision with 16 buildable lots and 5 other/common lots.
9. The Applicant requests zoning ofthe subject real property to L-O (Limited
Office), I-L (Light Industrial), and C-G (General Retail and Service Commercial) which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use - Waste Water Treatment Plant.
10. The Five Mile Creek and the Nine Mile Creek are significant natural features that
should be protected through standard stormwater and run-off management practices. There are
no other significant or sc~ric features of major importance that affect the consideration of this
application.
11. The City Council recognizes the concerns of neighbors, and the neighboring
homeowners association contained in a petition submitted pertaining to this matter.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridial1 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 Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION & ZONING FACTS AND CONDITIONS
1. The submitted legal description appears to meet the requirements of the City of
Meridian and State Tax Commission and will place the parcel contiguous to existing
city limits.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 3 OF 23
2. The subject property is within the Urban Services Planning Area.
3. All future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development.
4. A Development Agreement (DA) shall be entered into between the City of Meridian
and the propelty owner(s). The DA shall require that:
· All proposed uses on future lots or parcels that abut Ustick Road andJor Ten
Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4,
Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat)
shall be approved through the Conditional Use Permit process. All principally
permitted uses, as defined herein, within lots or parcels that do not abut
Ustick Road andJor Ten Mile Road, and that do not abut the Nine Mile Creek
(shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the
concunent preliminary plat) shall not require separate Conditional Use Permit
approval.
· No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1).
· Business hours for the I-L and L-O zoned properties shall be limited to 7 am
to 10 pm.
· The permitted and prohibited use list for each proposed zoning district
outlined in the Special Consideration section of this report shall be
incorporated into the Development Agreement document. Incorporate into the
development agreement language that prohibits convenience stores and gas
stations in the C-G zone.
5. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE4 OF 23
(
B. - Adopt the Ada County Highway District's rep0l1 dated April 2, 2004, which report lists site-
specific requirements, conditions of approval and street improvements.
C. The applicant shall comply with the requirements and conditions in the corresponding
Preliminary Plat, Case No. PP-04-004.
D. Adopt the action of the City Council taken at their May 25,2004 meeting as follows:
For clarification:
1. The applicant shall work with the Nampa & Meridian Irrigation District to make sure
that the pump station is not located directly across from Mr. Crane's bedroom
window.
2. The applicant shall be allowed convenience stores and gas stations in the C-G zone
for consideration as conditional uses on the corner ofTen Mile and Ustick Roads. A
detailed conditional use permit application would be required for any uses in the
proposed C-G zone. Through this process, conditions can be placed on the facilities
to minimize impacts on residential properties.
3. The applicant shall provide for the pathway easement for connectivity between the
north and south point of the pathway on the northern portion of the property line.
4. The access point onto Ten Mile which is proposed as a right in, right out, as shown
on the preliminary plat be eliminated.
5. On the I-L p0l1ion of the project, if a contractor yard is constructed, any company
vehicles, equipment, and any and all materials, must be either in an enclosed building
or behind site obscuring fences during non-working hours, and such shall be located
at the rear of the property.
6. A cross-access agreement shall be required between all lots adjacent to the
commercial prope11y on the corner.
7. There is a widely recognized need for infrastructure improvements sooner, rather
than later, especially as it respects large developments, the Owner/Developer, as
condition of mmexation and zoning, shall participate in the negotiations with Ada
County Highway District, and shall become a party to any eventual agreements
worked out by the developer! ACHD Group.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA TlON AND ZONING McNELIS SUBDIVISION
(AZ-04-004 )
PAGE 5 OF 23
Therefore, as a condition of annexation, and as a condition of the Development
Agreement, Applicant shall participate in any road infrastructure agreements
negotiated with ACHD and shall faithfully perform the terms of such agreement
or agreements.
13. In Chapter VII of the Comprehensive Plan, the following standards apply to the
Mixed Use-Waste Water Treatment Plant (MU- WWTP):
· Light, professional office uses
. Flex space uses, including light warehousing
. No new residential uses
· Limited, small-scale retail uses
. Mini-storage uses
· Unless otherwise permitted by City-adopted incentives, all developments
within this designated area will require approval through the Conditional Use
Permit process.
The following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to the annexation and zoning application:
Chapter IV, Goal I, Objective A, Action item 6
Chapter VII, Goal IV, Objective A, Action item 4
Chapter VII, Goal I, Objective B
Chapter VII, Goal IV, Objective A, Action item 2
Chapter VI, Goal IV, Objective A, Action item 17
Chapter VII, Goal IV, Objective A, Action item 8
Chapter VII, Goal IV, Objective A, Action item 1
Chapter IV, Goal II, Objective C, Action item 1
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VI, Goal II, Objective A, Action item 12
Chapter VII, Goal IV, Objective D, Action item 4
Chapter V, Goal III, Objective D, Action item 5
Chapter V, Goal I, Objective A, Action item 11
Chapter V, Goal I, Objective A, Action item 4
Chapter VI, Goal II, Objective A, Action item 3
It is found with an executed Development Agreement (DA) that restricts future uses
on this site, and separate Conditional Use Permit review for future buildings, the requested zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 6 OF 23
designations, I-L, L-O, and C-G, will be harmonious with and in accordance with the 2002
Comprehensive Plan and the MU- WWTP designation.
14. Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary plat proposing to subdivide the property into lots for future light-industrial, office, and
commercial/retail uses (PP-04-004). With the approval of this annexation and zoning, it is not
anticipated that the applicant would rezone the subject property in the future.
15. The Comprehensive Plan requires all developments within the MU - WWTP area to
obtain Conditional Use Permit (CUP) approval. It is proposed that the City modify this requirement
for separate CUP approval for each lot and cover what uses will be allowed and prohibited using a
Development Agreement, with separate CUP approval for the lots that abut Ustick Road, Ten Mile
Road and the Nine Mile Drain.
16. This area is changing from agriculture and low-density residential uses to more
commercial/industrial type uses. There are mini-storage units and an Idaho Power transmission
facility directly north of this site. There is a large parcel directly to the west of this site that recently
rezoned to C-N (Neighborhood Commercial). The wastewater treatment facility to the north has
created questions concerning what uses are appropriate adjacent to the facility. The City has
previously determined that limited light industrial uses may be appropriate adjacent to the
wastewater treatment facility. It is believed that the proposed zoning designations, and future uses on
this site will be developed in a fashion similar to what exists and anticipated for this area.
Neither Ustick Road nor Ten Mile Road abutting this site is currently within ACHD's
Five Year Work Progranl or Capital Improvements Plan (CIP). Other urban services, such as sewer
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 7 OF 23
and water, have been brought near to this site and the applicant should be able- to extend such
services to the site. There are properties that are currently within the City limits, abutting all four
sides of this site.
17. The applicant has noted just one specific user for this site, a mini-storage facility.
Detailed development plans (site plan including elevations, landscaping, parking, etc.) have not been
submitted for this use, or any other use, at this time. The Development Agreement shall address the
appropriate and harmonious uses that would be allowed for the site so that they would be
harmonious with the existing and intended character of the area.
The existing character of the area wi11, and is, currently changing, especially upon build-out
of the proposed project and other similar projects in the general vicinity ofthe wastewater facility. It
is not found that the proposed zoning/uses will adversely change the essential character of area. It is
found that the proposed I-L, L-O, and C-G zones, and subsequent uses allowed with a Development
Agreement that are designed, constructed, operated and maintained in accordance with city
ordinances and future CUP applications, should be harmonious and appropriate in appearance with
the existing character of the vicinity.
18. The Council has received letters, and listened to testimony from near-by property
owners, on how the development of this site is critical to the existing quality of life in the area. It is
believed that the uses listed within the Special Consideration "A" of the staff report table are not
hazardous and will not be disturbing to existing or future neighboring uses.
19. This site has approximately 900 feet of frontage on U stick Road, and approximately
900 feet of frontage on Ten Mile Road, which are both currently 2-lane arterial roadways. Neither
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 8 OF 23
Ustick Road, nor Ten Mile Road is in the ACHD's Five Year Work Plan or CIP for roadway
widening. The applicant will be required to make improvements (landscaping, sidewalk, auxiliary
lanes, etc.) adjacent to Ustick Road and Ten Mile Road. The ACHD Commissioners reviewed and
approved this application on March 24, 2003. As part of the ACHD approval, site-specific and
standard conditions for development were imposed on the applicant. NOTE: ACHD is allowing two
driveways, a right-inlright-out and a full-access, on Ten Mile Road. It is recommended that the
development construct one driveway to Ten Mile Road.
On Febrmuy 27,2004, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire and Police Departments
have submitted a list of conditions and needs in order to adequately serve the project. The applicant
should coordinate the location and design of refuse container(s) with Sanitary Services Company
(SSC). Trash enclosures must be built in the location and to the size approved by SSe. All
dumpster(s) must be screened in accordance with MCC 11-12-1.C. All of the detailed conditions
from the Fire and Police Departments and other agencies/departments are listed within the
corresponding application conditions, Preliminary Plat, PP-04-004.
Water and sanitary sewer service to this development is proposed to be extended from
existing/or mains being installed in adjacent subdivisions.
It is found that the property proposed for annexation and zoning can be served
adequately by essential public facilities and services.
20. The applicant will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLlCA TION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 9 OF 23
the- development area will be fire and police services. It is found that there will riot be excessive
additional requirements at public cost and that the annexation and zoning will not be detrimental to
the community's economic welfare.
21. It is recognized that traffic and noise will increase with the development of this site;
however, it is not believed that the amount generated will be detrimental to the general welfare of the
public. It is found that the proposed zoning and subsequent uses allowed with the Development
Agreement and, if applicable, a Conditional Use Permit should not be detrimental to people, property
or the general welfare of the area. It is not anticipated that the proposed annexation and subsequent
uses will create excessive noise, smoke, fumes, glare, or odors.
22. Traffic will increase in this area when the site develops. The applicant is proposing
two vehicular approaches to Ustick Road and three vehicle approaches to Ten Mile Road to the
property. Review of the ACHD report for this project will provide additional information.
23. The Five Mile Creek and Nine Mile Creek are immediately adjacent to the site.
The applicant is proposing to leave both the Five Mile Creek and the Nine Mile Creek open and
construct a 10-foot wide multi-use patll along both creeks. It is found that the Five Mile Creek
and the Nine Mile Creek are significant natural features that should be protected through
standard stormwater and run-off management practices. Staff is not aware of any other natural or
scenic feature(s) of major importance in the area that may be affected by the proposed
development. Any existing trees larger than 4" caliper that are removed shall be mitigated for,
per the Landscape Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ~04-004 )
PAGE 10 OF 23
24. It is found that the annexation of this prope11y would be in the best interest of the
City for the following reasons:
· increased commercial land base available to future developers;
· increased property tax revenue;
· municipal services are available to the area; and
· application substantially complies with the Comprehensive Plan.
It is also found that, based upon the fact that specific uses are not proposed at this
time, it is difficult to fully determine "best interest" factors. However, the CUP process does
grant the City a fairly high degree of design and use review authority when specific uses are
proposed.
ANNEXATION & ZONING SPECIAL CONSIDERATIONS
A. Development Agreement:
According to the current Comprehensive Plan, all developments within the MU- WWTP
area require approval through the Conditional Use Permit (CUP) process. Staffis
proposing that the City modify this requirement for separate CUP approval for all uses in
this development, and cover what uses will be allowed and prohibited using a
Development Agreement. Separate CUP approval for only the lots that abutting Ustick
Road, Ten Mile Road and the Nine Mile Creek should be required. Staff believes that this
modification will allow the City to control design and use issues required by ordinance,
while allowing the proposed uses to bypass the public hearing process. This makes the
process of pulling building permits more efficient for the developer(s) and the City.
Below is the proposed list of allowed and prohibited uses for each zone*:
I-L Zone:
Permitted Uses**
Animal Hospital/Kennel
Automobile Repair Shop/Garage/Wash
Automobile Service Station
Construction Businesses: Contractor's Yard; Sheet Metal Shop; Roofing Shop; Sign
Painting Shop; and Indoor/Outdoor Storage Yards
Crematorium * * *
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 11 OF 23
Drive-in Theatres; Drive-in Establishments***
Dry Cleaning***
Flex Space: Office/Warehouse Mix
Greenhouses, nurseries
Laboratories (Medical, Dental, and Optical)
Laundries, commercial
Mausoleum***
Medical Research Facilities
Molded Plastic Products
Mortuary* * *
Newspaper and Prl;}ting Establishment
Parks and Plazas
Pharmacy (drive-thru requires CUP approval)
Printing, Lithography, Publishing and Associated Reproduction (exclusive of Paper
Manufacturing)
Public & Quasi-Public Uses (as defined in the Meridian Comprehensive Plan)
Radio and Television Stations (except exterior communications facilities districts)
Recycling Plants * * *
Sales: Building Materials; Hay, Grain, etc., Bulk Garden Supplies; Machinery
Seed and Garden Supply
All uses listed in MCC 11-8-1 as "Permitted Use" in the I-L zone, except:
Prohibited Uses
Asphalt and Concrete
Automobile Wrecking Yard and Storage
Fuel Yards
Junk Yards
Lumber Yards
Mobile Home Manufacturing
Outdoor Entertaimnent Centers
Railroad Yards and Shops
Restaurants
Retail Stores
Sales Lots (Auto, Recreation, Agricultural, etc.)
School- Private
Solid Waste Transfer Stations
Truck Stop
L-O Zone:
Permitted UsesH
Bakery Stores
Clubs and Lodges
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 12 OF 23
Dry Cleaning* * *
Garage, public
Greenhouse, nursery
Laundromat (self-service)***
Nursing Home and Sanitariums***
Public Parking Lot
Public and Quasi-public (as defined in the Comprehensive Plan)
Radio and T.V.
Research Facility
Technical School***
Veterinary Clinics and Hospitals
All uses listed in MCC 11-8-1 as "Permitted Use" in the L-O zone, except:
Prohibited Uses
Apartment Houses
Childcare Center
Convenience Store
Department Store
Drive-in Theatre, Drive-in Establishment
Family Childcare Home
Group Childcare Home
Hospitals
Hotels
Motels
Multi-family Dwellings
Nurseries and Daycare Centers
School- Private, Public
C-G Zone****:
Permitted Uses**
All uses listed in MCC 11-8-1 as "Permitted Use" in the C-G zone, except:
Prohibited Uses
Bars, Alcohol Establishments
Contractor's Yard
Entertainment Centers, Outdoor
Lumber Yard
Nursing Homes and Sanitariums
Truck Stops
*
This list is not an exhaustive inventory of all possible uses. When/if a use is
proposed that is not specifically listed, such use shall be hereby expressly
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA TlON
FOR ANNEXA TlON AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 13 OF 23
**
prohibited unless by application and authorization it is determined by the Planning
and Zoning Administrator that said use is similar to and compatible with a listed
permitted use. Such use(s) may then only be permitted as a conditional use,
regardless of the proposed site location.
A use listed as a permitted use in any zone will require CUP approval if it is
proposed on Lots 2,3, and 4, Block 2, and Lots 1-5, and 7, Block 1.
CUP approval is required, regardless of the proposed site location.
All uses within the C-G zone require CUP approval.
***
****
In August of2002, the City Council adopted the current Comprehensive Plan and Future
Land Use Map, which created the MU-WWTP designation for the area around the wastewater
treatment facility. The primary reason for creating the MU- WWTP designation was to minimize
any possible negative impacts the wastewater facility may create upon residents and businesses in
the area. The City does receive complaints from residents about odors, especially during sludge
transport. This is the only planned treatment facility in the city and its operations are expected to
expand in the future. Historically, the question of "compatible" uses in this area has been a
difficult one to determine. The term "compatible" is not defined in the Zoning Ordinance and is
usually determined largely through the public hearing process. Ultimately the Commission and
Council must establish the parameters for compatibility with zoning and comprehensive plan
designations.
On August 6,2002, the City Council denied a request for annexation and zoning to I-L
for this site. Concurrent with the annexation and zoning request, the applicant was proposing to
subdivide the propelty into 12 buildable lots (Utility Subdivision). This project was denied
because the anticipated uses proposed for that site, a school bus facility and a solid waste transfer
station were not found to be light industrial uses and the development had too much potential to
negatively impact the surrounding neighbors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 14 OF 23
Following is a general breakdown of the acreage and current uses within tile MU- WWTP
area:
Use / Owner Acreage
WWTP / City of Meridian 46.5
Existing Low Density Residential / Various 46.4
Irrigation & Drainage / Bureau of Rec/NMID 17.62
Mini Storage / Bilmar Inc. 11.75
Drawbridge Subdivision 5.01
Idaho Power Substation / Idaho Power 1.03
Vacant/Undeveloped Land / Various 292.1
TOTAL WWTP AREA 420.43
Of the 292 acres available for development, approximately 40 acres is tentatively
designated as future school district property (Quenzer property), leaving a balance of
approximately 250 acres available for non-residential uses. Most warehousing, light
industrial and flex-building uses are more land-intensive than retail and office and
typically have lower floor-to-area ratios. Meaning that these uses, as well as the
anticipated uses that will be allowed on this site, will not have as many buildings/users as
other people-intense uses. Based on previous City action in this area, it is important to not
compromise the ability of future development to comply with the existing Comprehensive
Plan; reducing humall exposure to odors and discouraging new residential in close
proximity to the WWTF.
25. It is found that ifthe developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, 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.
26. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLTCA TION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004 )
PAGE 1 5 OF 23
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.
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 9 11-16 provides the City may almex 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 ofMeridiall has exercised its authority alld responsibility as provided by
"Local Land Use Plalming 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 following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter IV, Goal I, Objective A, Action item 6
Chapter VI1, Goal IV, Objective A, Action item 4
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 16 OF 23
Chapter VII, Goal I, Objective B
Chapter VII, Goal IV, Objective A, Action item 2
Chapter VI, Goal IV, Objective A, Action item 17
Chapter VII, Goal IV, Objective A, Action item 8
Chapter VII, Goal IV, Objective A, Action item 1
Chapter IV, Goal II, Objective C, Action item 1
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VI, Goal II, Objective A, Action item 12
Chapter VII, Goal IV, Objective D, Action item 4
Chapter V, Goal III, Objective D, Action item 5
Chapter Y Goal I, Objective A, Action item 11
Chapter V, Goal 1, Objective A, Action item 4
Chapter VI, Goal II, Objective A, Action item 3
5. The zoning of(L-O) Limited Office, (C-G) General Retail and Service Commercial,
(I-L) Light Industrial are defined in the Zoning Ordinance at 9 11-7-2 G, K, and N as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
fe-G) General Retail and Service Commercial: The purpose of the C-G District is to
provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
fI-L) Light Industrial District: The purpose of the I-L Light Industrial District is to
provide for light industrial development and opportunities for employment of Meridian
citizens and area residents and reduce the need to commute to neighboring cities; to
encourage the development of manufacturing and wholesale establishments which are clean,
quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004 )
PAGE]7 OF 23
glare and that are operated entirely or almost entirely within enclosed structures; to delineate
areas best suited for industrial development because of location, topography, existing
facilities and relationship to other land uses. This District must also be in such proximity to
ensure connection to the Municipal water and sewer systems of the City. Uses incompatible
with light industry are not permitted, and strip development is prohibited.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation afland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65,665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance 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.
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 34.6 acres to
Limited Office (L-O), General Retail and Service Commercial (C-G), and Limited Office (L-O) are
granted subject to the terms and conditions of this Order hereinafter stated.
2. The application is for almexation and zoning of 34.6 acres. The legal description
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 18 OF 23
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to 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 Conditions mld Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION & ZONING FACTS AND CONDITIONS
1. The submitted legal description appears to meet the requirements of the City of
Meridian and State Tax Commission and will place the parcel contiguous to existing
city limits.
2. The subject property is within the Urban Services Planning Area.
3. All future development of the subject property shall be constructed in accordance
with City cf Meridian ordinances in effect at the time of development.
4. A Development Agreement (DA) shall be entered into between the City ofMeridiml
and the property owner(s). The DA shall require that:
· All proposed uses on future lots or parcels that abut Ustick Road and/or Ten
Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4,
Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat)
shall be approved through the Conditional Use Permit process. All principally
permitted uses, as defined herein, within lots or parcels that do not abut
Ustick Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek
(shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the
concurrent preliminary plat) shall not require separate Conditional Use Permit
approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004 )
PAGE ]9 OF 23
· No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1).
· Business hours for the I-Land L-O zoned properties shall be limited to 7 am
to ] 0 pm.
· The permitted and prohibited use list for each proposed zoning district
outlined in the Special Consideration section of this report shall be
incorporated into the Development Agreement document. Incorporate into the
development agreement language that prohibits convenience stores and gas
stations in the C-G zone.
5. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
B. Adopt the Ada County Highway District's report dated April 2, 2004, which report lists site-
specific requirements, conditions of approval and street improvements.
C. The applicant shall comply with the requirements and conditions in the corresponding
Preliminary Plat, Case No. PP-04-004.
D. Adopt the action of the City Council taken at their May 25,2004 meeting as follows:
For clarification:
I. The applicant shall work with the Nampa & Meridian Irrigation District to make sure
that the pump station is not located directly across from Mr. Crane's bedroom
window.
2. The applicant shall be allowed convenience stores and gas stations in the C-G zone
for consideration as conditional uses on the comer ofTen Mile and Ustick Roads. A
detailed conditional use permit application would be required for any uses in the
proposed C-G zone. Through this process, conditions can be placed on the facilities
to minimize impacts on residential properties.
3. The applicant shall provide for the pathway easement for connectivity between the
north and south point of the pathway on the northern portion of the property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA TlON AND ZONING McNELIS SUBDIVISION
(AZ-04-004 )
PAGE 20 OF 23
4. The access point onto Ten Mile which is proposed as a right in, right out, as shown
on the preliminary plat be eliminated.
5. On the I-L portion of the project, if a contractor yard is constructed, any company
vehicles, equipment, and any and all materials, must be either in an enclosed building
or behind site obscuring fences during non-working hours, and such shall be located
at the rear of the property.
6. A cross-access agreement shall be required between all lots adjacent to the
commercial property on the corner.
7. There is a widely recognized need for infrastructure improvements sooner, rather
than later, especially as it respects large developments, the Owner/Developer, as
condition of am1exation and zoning, shall participate in the negotiations with Ada
County Highway District, and shall become a party to any eventual agreements
worked out by the developer/ ACHD Group.
Therefore, as a condition of annexation, and as a condition of the Development
Agreement, Applicant shall participate in any road infrastructure agreements
negotiated with ACHD and shall faithfully perfOlm the terms of such agreement
or agreements.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (L-O) Limited Office, (C-G) General Retail and Service Commercial, and (I-L) Light
Industrial Districts, and Meridian City Code S 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance
with the provisions ofthe annexation and zoning ordinance.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE2l OF23
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 ofthe City of Meridian,
pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
tYL day of
J~
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED$~
COUNCILMAN CHARLIE ROUNTREE
VOTED $&L-
COUNCILMAN KEITH BIRD
VOTED*,'-
MAYOR TAMMY de WEERD (TIE BREAKER)
-
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 22 OF 23
DATED: ~-8-0.f-
MOTION:
APPROVED:-----t- DISAPPROVED:
Attest:
William G. Berg, Jr., City lerk \ ?'c:.Q '-.,06>}
~."o ?loS', 1S"\ . .p :'"
Copy served upon Applicant, the Planni<<g.~Qmng Dert~kent, Public Works Department and
. 1/111 UN!.,' ,\\'
the CIty Attorney. IIIIi,.:, lli\\\\;\.
BYzk~
City Clerk
Dated: fo~ \S ~ 04
Z:\Work\M\Meridian\Meridian 15360MIMcNelis AZ-04-004 PP-Q4-Q04\AZFlCl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 23 OF 23
June 3,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Falcon Creek, LLC
PP 04-004
June 8, 2004
ITEM NO. S. F
REQUEST Findings - Request for Preliminary Plat approval of 16 commercial building lots
and 5 common lots on 34.6 acres in a proposed l-L, L-O, and C..c; zones for proposed McNelis
Subdivision - northwest corner of North Ten Mile Road and West Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATfORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
AOA 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 altaehed Findings
,/}{ffl,<J ~.
IJj r I
Contacted:
Emailed:
Date: (~-7 Phone:
staff Initials: ~
resented at public meetings shelll become properly of the City of Meridk:ln.
R~CEIVED
JUN 0 3 2004
interoffice
:MEMORANDUM
-
City Of Meridian
City Clerk Office
..
To:
William G. Berg, Jr.
Wm. F. Nichols
From:
Subj~:
McNelis Subdivision
File:
PP~04-004
Date:
June 2, 2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their May 25, 2004 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attorney office, if Council approves
the Findings.
If you have any questions arise please advise.
Z:\Work\MIMeridian\Meridian lS360MlMcNelis AZ-04.004 PNl4-004\BergPrePiatMEMO 06 02 04.doc
June 3, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8, 2004
ITEM NO.
REQUEST Agreement with Aspire On
AGENCY COMMENTS
CITY CLERK: See attached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
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 meelings shall become property of the City of Meridian.
City of Meridian
Scope of Work
Shared Values/Behaviors Process
I. Objectives:
A Meet with Values Leaders to discuss a process for defining behavior
accountability in regard to the City's defined values. Serve as a Process
Catalyst with intellectual capital methodologies tools to develop behaviors that
are aligned with established values.
B. Provide scheduled follow-up, ongoing collaboration, support, review, and
analysis to Values Leaders in their efforts.
C. Identify a b.ehavior accountability implementation map to achieve the desired
results of the defined behaviors.
D. Assist Values Leaders in creating and facilitating Values Champions and
serving as Values Catalysts.
E. Behavior results to be integrated into new Performance Management Process
(i.e. performance evaluation).
Note: This process allows for positive leadership engagement experience in
support of overall leadership development.
n. Fee Structure:
Executive CoachinglExecution-Engagement Consulting: $lS0!hr
Interviews! AnalysislPlan Development: $125!hr
PreparationfCustomizationlRevi ew: $100!hr
SupportfPreparation: $40/hr
Ill. Project Elements:
A Initial engagements with Values Leaders (as identified by Mayor) to establish a
foundation for their efforts in facilitating development of behaviors that
support established shared values (includes outlined process and tools).
2 hrs @ $150/hr "" $300
2 hrs @ $125/hr = $250
2 hrs @ $lOO/hr = $200
B. Results engagements - meet with Values Leadership Team to review ongoing
efforts and serve as process results catalyst.
Up to 6 hrs @ $150/hr:= $900
Up to 5 hrs @ $lOO/hr:= $500
,-~
0SPinbn~
C. Analyze resulting behaviors, provide recommendations] and develop
implementation plan.
2 hrs @ $150/hr = $300
3 hrs @ $125/hr = $375
2 hrs @ $1 OO/hr = $200
Total Cost of Section A - C: Not to Exceed .$3.025
D. Expenses: There will be no travel expenses associated with this project.
ASPIREON:
AspireOn:
DATED:
By:
Phil Stiffler
Chief Storyteller
CITY OF MERIDIAN:
6 -g--tJ f-
DATED:
Authorized Representative~ "
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(AsPirvn.
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR McNELIS
SUBDIVISION FOR 16
COMMERCIAL BUILDING LOTS
AND 5 COMMON LOTS ON 34.6
ACRES LOCATED ON THE
NORTHWEST CORNER OF
USTICK ROAD AND TEN MILE
ROAD, WITHIN SECTION 34 OF
TOWNSHIP 4 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
BY: FALCON CREEK, LLC,
APPLICANT
CIC 05/25/04
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. PP-04-004
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 May 25, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, Becky
McKay, Kathleen Denny, Nathan Denny, Charles Crane, Dana Borquist, Janet Wilder, Steve
Weber, and Bruce Mills, appeared and testified, and the City Council having received a report
from Craig Hood for the Planning and Zoning Department, and Bruce Freckleton, Engineering
Technician III, and the City Council having received as part of the record ofthis matter the
recommendation to City Council of the Planning and Zoning Commission and the Preliminary
Plat "McNELIS SUBDIVISION PRELIMINARY PLAT, LOCATED IN THE SE 1,4 OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION 1 (pP-04-004)
Page 1 of 19
SECTION 34, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG.DA TE:
01108/04 bkb, PROJ. NO. 3002 PRE, 13002-PRE.DWG, STAMPED: JAN 152004, FALCON
CREEK, LLC - OWNERS OF RECORD/DEVLEOPER, BECKY McKAY _
PLANNER/CONTACT", Falcon Creek, LLC, Developer, submitted for preliminary plat
approval and which preliminary plat for approval application is herein received and adjudged by
the City Council pursuant to Meridian City Code ~ 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 L-O, C-G, and I-L is before the Council, and requires connection to the Municipal
Water and Sewer System. [Meridian City Code 9 11-7-2J
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6,2002, Resolution No. 02-382. The proposed subdivision
meets goals ofthe Comprehensive Plan through the following:
Chapter IV, Goal I, Objective A, Action item 6
Chapter VII, Goal IV, Objective A, Action item 4
Chapter VII, Goal I, Objective B
Chapter VII, Goal IV, Objective A, Action item 2
Chapter VI, Goal IV, Objective A, Action item 17
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 2 ofl9
Chapter VII, Goal IV, Objective A, Action item 8
Chapter VII, Goal IV, Objective A, Action item 1
Chapter IV, Goal II, Objective C, Action item 1
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VI, Goal II, Objective A, Action item 12
Chapter VII, Goal IV, Objective D, Action item 4
Chapter V, Goal III, Objective D, Action item 5
Chapter V, Goal I, Objective A, Action item 11
Chapter V, Goal 1 , Objective A, Action item 4
Chapter VI, Goal II, Objective A, Action item 3
With compliance of the Site Specific and Standard conditions listed within the staff
report, it is found that the proposed subdivision would be in compliance with the Comprehensive
Plan.
3. It is determined that public services can be made available to accommodate the
proposed development. The applicant will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project. The primary public costs
to serve the development area will be fire and police services. It is found that there will not be
excessive additional requirements at public cost and that the annexation and zoning will not be
detrimental to the community's economic welfare.
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, and there should not be a conflict with the capital improvement
program because the developer is required to install sewer, water, local street infrastructure,
utilities and irrigation, for the development at their cost. It is found that the City and its related
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION I (pP-04-004)
Page 3 of19
services are capable of servicing the proposed development. The development will "not require
major expenditures for providing supporting services.
5. The development ifbuilt in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention, except for the inherit problems (real and/or
perceived) associated with the wastewater treatment facility. ACHD considers road safety issues
in their analysis; no hazardous natural features have been identified on the site.
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. Other than previously noted above, it is not found that there would be
any other health, safety or environmental problems associated with this subdivision.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as "McNELIS SUBDIVISION PRELIMINARY PLAT,
LOCATED IN THE SE y,; OF SECTION 34, TAN., R.IW., B.M., MERIDIAN, ADA
COUNTY, IDAHO, DWG.DATE: 01108/04 bkb, PROJ. NO. 3002 PRE, /3002-PRE.DWG,
STAMPED: JAN 15 2004, FALCON CREEK, LLC - OWNERS OF RECORDIDEVLEOPER,
BECKY McKAY - PLANNER/CONTACT".
8. The Five Mile Creek and the Nine Mile Creek are significant natural features that
should be protected through standard stormwater and run-off management practices. There are
no other significant or scenic features of major importance that affect the consideration of this
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION I (pP-04-004)
Page 4 of 19
9. The City Council recognizes the concerns of neighbors, and the neighboring
homeowners association contained in a petition submitted pertaining to this matter,
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 having submitted the
Preliminary Plat "McNELIS SUBDIVISION PRELIMINARY PLAT, LOCATED IN THE SE
y,; OF SECTION 34, TAN., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO,
DWG.DATE: 01/08/04 bkb, PROJ. NO. 3002 PRE, 13002-PRE.DWG, STAMPED: JAN 15
2004, FALCON CREEK, LLC - OWNERS OF RECORD/DEVLEOPER, BECKY McKAY _
PLANNER/CONTACT", Falcon Creek, LLC, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Modify Site Specific Condition #1 to state that the multi-use pathways will include
shoulders that give a total width of14 feet and be designed to standards ofHS-20 or
as jointly agreed by Planning and Zoning staff, the applicant, Public Works, and the
Parks Department.
2. Modify the first sentence in the last bullet in Site Specific Condition #4 to read:
Provide a minimum 5-foot wide landscape strip with one tree for every 35 linear
feet along the interior sides of the multi-use pathways (on the west and north
sides of the development).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION 1 (pP~04-004)
Page 5 of19
3. Add a new bullet to the end of Site Specific Condition #4 that reads:
Landscaping shall be maintained by the business owner's association of this
project.
B. Adopt the Conditions and Recommendations ofthe Meridian Planning & Zoning
and Public Works Departments as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. Construct a 1 O-foot wide, hard-surfaced pathway along the west property line, from
Ustick Road to the north property line (approximately). Construct a 10-foot wide,
hard-surfaced pathway along the north property line, from the west property line to
the east property line (Idaho Power property). Said pathways shall be fully improved
prior to issuance of the first building permit in the development. Prior to occupancy
of any building, a permanent pedestrian easement, in favor of the City of Meridian,
shall be recorded for the multi-use pathway. The easement(s) shall be sufficient
width to cover the 10-wide pathways. Buildings are precluded from being
constructed within this easement. Additionally, a note shall be added to the face of
the final plates) indicating the City of Meridian is responsible for the maintenance of
the pathway surface located within the easement. The applicant shall conform to the
Meridian Parks and Recreation Department standards for construction of the
regional pathway, as published in the August 2003 Comprehensive Parks and
Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. A note shall he added to
the face of the final plat stating that the McNelis Business Owners Association is
responsible for maintenance of all landscaping adjacent to the pathways. The multi-
use pathways will include shoulders that give a total width of 14 feet and be
designed to standards of HS-20 or as jointly agreed by Planning and Zoning staff,
the applicant, Public Works, and the Parks Department.
2. Construct one full access approach and one public street (Burley Avenue)
approach onto Us tick Road, and one public street (McNelis Drive) approach and
one full access OR one right-in/right-out access to Ten Mile Road. Said access
points shall be built in accordance with ACHD policy.
3. Provide the City with a copy of a recorded cross access agreement for the office
and commercial lots in Block 1, to use the driveways to Ustick Road and Ten
Mile Road as access to the public street system.
4. The submitted landscape plan, prepared by Harvest Design, P.C., and dated 1-15-
04 is not approved as submitted. The following should be included in a revised
landscape plan:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION I (pP-04-004)
Page 6 of19
. Provide a 25-foot wide landscape buffer along Ustick Road and Ten Mile
Road. Conifer trees are not allowed within the required buffer area.
. Provide a to-foot wide landscape buffer along both sides of Burley
Avenue/McNelis Drive. Landscaping shall be in accordance with MCC 12-
13-10.
. Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of
caliper inches of trees that were removed. Required landscaping trees will
not be considered as replacement trees for those trees that are removed.
. Construct a 10-foot wide gravel shoulder on Ustick Road and Ten Mile
Road, with the remaining portion of the right-of-waybeing landscaped with
lawn or other vegetative groundcover. A license agreement from ACHD for
landscaping within the right-of-way will be required.
. Remove the proposed conifer trees from the proposed landscape buffers on
Ustick Road and Ten Mile Road.
. Depict a 25-foot wide land use buffer on the south side of Lot 4, Block 2,
and a 20-foot wide land use buffer on the north and west sides of Lots 3 and
4, Block 1. Construction ofthe land use buffers shall be in accordance with
MCC 12-13-12-3.
. Provide a minimum 5-foot wide landscape strip, with one tree for every 35-
linear feet, along eath the interior sides of the multi-use pathways (on the
west and north sides ofthe development). Additional width is encouraged to
allow trees to be planted further from the pathway and prevent root damage
to the path.
. Landscaping shall be maintained by the business owner's association of
this project.
10 copies of a revised landscape plan, depicting the above-mentioned changes, have
been submitted to the City Clerk.
5. Solid fencing greater than 3-feet in height is prohibited on the west side of the
Nine Mile Creek multi-use pathway. Solid fencing greater than 3-feet in height is
prohibited on the north side of the Five Mile Creek multi-use pathway. Fencing
constructed on either side of a multi-use pathway should be a minimum of 5-feet
from the edge of pavement. A detailed fencing plan should be submitted upon
application of the final plat. Unless otherwise approved by the City, all fencing
shall be constructed in accordance with MCC 12-4-10.
6. The applicant shall not be required to tile or cover the Five Mile Creek or the
Nine Mile Creek. Any ditch, canal or lateral to be piped shall be shown on plans,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 7 of 19
which shall be approved by the appropriate irrigation/drainage district, or lateral
users association, with written confirmation of said approval submitted to the
Public Works Department.
7. Underground year-round pressurized irrigation must be provided to all lots within
this development. The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. If the pressurized irrigation system
within this development is to remain a private association system, complete plans
and specifications shall be reviewed by the Public Works Department as part of the
development plan review process. A draft copy of the pressurized irrigation system
O&M manual shall be submitted prior to plan approval. The applicant shall be
required to utilize any existing surface or well water for the primary source. If a
surface or well source is not available, a single-point connection to the culinary
water system shall be required. If a single-point connection is utilized, the developer
shall be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
8. Sanitary sewer and water service to this site shall be via main line extensions
from existing mains installed adjacent to the property. The applicant shall be
required to extend sewer and water mains to and through the proposed
development, thereby making them available to the adjacent properties. The
Applicant shall coordinate main sizing and routing with the Public Works
Department. Cover over the sanitary sewer shall be no less that t11Tee-feet from
finish grade to the top of pipe.
9. Please submit final groundwater/soils monitoring data as prepared by a soils
scientist with the final plat. Any drainage areas (detention/retention basins) must
be designed to ensure that water will percolate or discharge within a period of
time not to exceed 24 hours for all storms up to and including a 100-year storm
event. Side slopes within drainage areas shall not exceed 3: 1. The proj ect
engineer should pay close attention to the results of field studies determining the
groundwater, soil type & and characteristics during the design and construction
phases.
10. Maintenance of aU common areas shall be the responsibility of the McNelis
Business Owners Association.
ST ANDARD CONDITIONS
1. All conditions of the accompanying Annexation/Rezone application shall also be
considered conditions of the Preliminary Plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION I (pP-04-004)
Page 8 of 19
2. Submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
3. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
4. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the expense of the Applicant.
Typical locations are at street intersections and/or fire hydrants.
5. A detailed fencing plan shall be submitted upon application of the final plat. A 6-
foot solid fence shall be required around the perimeter of the subdivision unless the
City agrees in writing that such a fence is not required. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of-way.
6. A detailed landscape plan for the common areas, including pathways and types of
construction, shall be submitted for review and approval with the submittal of the
final plat applications. The plan must include sizes and species of trees, shrubs,
berminglswale details, and all proposed ground cover/treatment.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
8. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells maybe used
for non-domestic purposes such as landscape irrigation.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
to. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to
signature of the final plates), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided
11. All lot, parcel and tract sizes shall meet the minimum dimensional standards as
established in the zoning ordinance.
12. Minimum building setback lines shall be in accordance with the zoning ordinance in
effect at the time of issuance of building permit(s).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 9 of19
13. 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.
14. A letter of credit or cash surety in the amount of 110% will be required for all
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of
the final plat.
15. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
C. Adopt the Recommendations of ACHD as follows:
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road, and
construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located a minimum of 41-feet from the centerline of the right -of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 41-feet from the
centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing
right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. The applicant shall do one ofthe following:
a. Dedicate by donation a total of 48-feet of right-of-way along Ten Mile Road,
and construct a minimum 5-foot wide concrete sidewalk along Ten Mile
Road, located a minimum of 41-feet from the centerline ofthe right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ten Mile Road, located a minimum of 4 I-feet from
the centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ten Mile Road, located at the back edge of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 10 of19
existing right-of-way. Accomplish all necessary adjustments to"properly
accommodate existing drainage and utilities.
3. Construct a commercial roadway that intersects Ustick Road approximately 690-
feet west of Ten Mile Road, as proposed.
4. Construct a commercial roadway that intersects Ten Mile Road approximately
830-feet north of Us tick Road, as proposed.
5. Construct the internal spine roadway as a 40-foot street section with vertical
curb, gutter and a 5-foot attached concrete sidewalk on both sides ofthe roadway,
as proposed.
6. Construct a 30-foot wide full access driveway that intersects Ustick Road
approximately 350-feet west ofTen Mile Road, as proposed. This driveway is
proposed to align with Niemann Street on the south side of Us tick Road. Pave
the driveway its full width 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.
7. Construct a 3D-foot wide right-inlright-out driveway ONLY that intersects Ten
Mile Road approximately 220-feet north of Us tick Road, as proposed. Pave the
driveway its full width and at least 3D-feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with l5-foot radii abutting
the existing roadway edge. Coordinate with District staff to determine how the
driveway will be restricted.
8. Construct a 3D-foot wide full access driveway that intersects Ten Mile Road
approximately 440-feet north of Us tick Road, as proposed. Pave the driveway its
full width and at least 3D-feet into the site beyond the edge of pavement ofthe
roadway and install pavement tapers with 15-foot radii abutting the existing
roadway edge.
9. Locate the driveways on the internal roadways to be located a minimum of 50-
feet (measured near edge to near edge) from any roadway intersection.
10. Construct a special radius on Ten Mile Road for southbound traffic at the Ten
Mile RoadfMcNellis Drive intersection, as recommended by the submitted traffic
impact study. Coordinate the design of the special radius with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 11 of19
11. Construct a right-turn lane on Ustick Road for west bound traffic atthe Ustick
Road/Burley Avenue intersection, as recommended by the submitted traffic
impact study. Coordinate the design of the turn lane with District staff.
12. Construct two 10-foot wide islands/medians that are proposed to be located
within North Burley Avenue and West McNellis Drive, as proposed. Construct
the islands to be a minimum of 4- feet wide to total a minimum of a 100-square
foot and provide a minimum of a 21- foot street section on either side of any
proposed center island. The islands shall be owned and maintained by a
homeowners association.
13. Other than the access points that are specifically approved with this application,
direct lot access to Ten Mile Road and Ustick Road is prohibited. A note of the
access restrictions shall be place on the final plat.
14. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shan be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 12 of 19
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 #198, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions 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 ofthe Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
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 Meridian Fire Department Recommendations as follows:
1. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on comers.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT
McNELIS SUBDIVISION I (pP-04-004)
Page 13 of19
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
3. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
4. The roadways shall be build to Ada County Highway District standards and shall
have a clear driving surface available at all times, which is 20' wide.
5. Provide a Knoxbox entry system for any gated uses within the development.
6. All trash dumpsters shall be a minimum of 5-feet away from any building.
7. The Meridian Fire Department has concerns over the lack of secondary access to the
future storage unit complex on Lot 4, Block 2. To mitigate the access inadequacy,
block walls may be required as determined by the Meridian Fire Department. Fire
flow for the development shall be for the worst-case scenario. The proposed fire area
will be limited to available water flow.
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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 14 of19
F. Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. The District's Five-Mile and Nine-Mile Drains course through this proposed
project. This easement must be protected and any encroachment without a signed
License Agreement and approved plan, before any construction is started, is
unacceptab Ie.
4. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans.
5. The Developer must comply with Idaho Code 31-3805.
6. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
G. Adopt the Recommendations of the Meridian Police Department as follows:
1. The design of the proposed multi-use pathway areas has the potential of creating
hiding spots. It is recommended that chain link fencing, rather than solid fencing
be installed along the pathways. With the final plat application, the applicant
shall submit a revised landscaping plan that allows visibility down the pathway.
H. Adopt the Recommendations ofthe Meridian Parks Department as follows:
1. Pathway and Trail Standards: As published in the August 2003 Comprehensive
Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & c.
2. Standard for Mitigation of Trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
3. Standard Plan for Protection of Existing Trees During Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDMSION / (pP-04-004)
Page 15 of19
I. Adopt the Requirements and Recommendations of the Idaho Power Company as
follows:
1. Required National Electric Safety Code Clearances:
a. Any building or structure located on the lots that are adjacent to the line may
have height restrictions in accordance with the NESC (National Electric Safety
Code).
b. All buildings and structures must be set back a minimum of 20 feet from the
transmission centerline (a strip 45 feet wide). All other structures adjacent to the
described strip shall meet clearance requirements in accordance with the NESC.
c. Idaho Power Company is available to discuss such restrictions with the
owner/builder prior to construction of any buildings or structures close to this
transmission line.
2. Necessary Grading and Excavation Clearances: Grading plans regarding any
excavation, modification in ground height and/or landscaping in the easement
referred to above will need to be approved in advance by Idaho Power Company.
Such grading and landscaping plans are necessary to assist Idaho Power
Company in its efforts to maintain required conductor-to-ground or conductor-to-
object clearance.
3. Necessary Access: The developer shall coordinate with Idaho Power Company to
assure that adequate personnel and vehicle access is provided for the purpose of
transmission line maintenance.
4. Grounding/Bonding Considerations: Although Idaho Power Company has no
specific requirements for bonding and grounding of buildings, any building or
structure located within 200 feet of the transmission line centerline may need
additional groundinglbonding installed by the builder to eliminate any potential
effects of electrical induction. The need for grounding should be evaluated by the
developer's electrical engineer or electrical. Buildings or structures may require
groundinglbonding by the builder at distances greater than 200 feet depending on
their size and the amount of metal in the makeup, particularly buildings with
metal surfaces.
J. Adopt the action of the City Council taken at their May 25,2004 meeting as follows:
For clarification:
1. The applicant shall work with the Nampa & Meridian Irrigation District to
make sure that the pump station is not located directly across from Mr.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 16 of 19
Crane's bedroom window.
2. The applicant shall be allowed convenience stores and gas stations in the C-
O zone for consideration as conditional uses on the comer ofTen Mile and
Ustick Roads. A detailed conditional use permit application would be
required for any uses in the proposed C-G zone. Through this process,
conditions can be placed on the facilities to minimize impacts on residential
properties.
3. The applicant shall provide for the pathway easement for connectivity
between the north and south point ofthe pathway on the northern portion of
the property line.
4. The access point onto Ten Mile which is proposed as a right in, right out, as
shown on the preliminary plat be eliminated.
5. On the I-L portion of the project, if a contractor yard is constructed, any
company vehicles, equipment, and any and all materials, must be either in an
enclosed building or behind site obscuring fences during non-working hours,
and such shall be located at the rear of the property.
6. A cross-access agreement shall be required between all lots adjacent to the
commercial property on the comer.
7. There is a widely recognized need for infrastructure improvements
sooner, rather than later, especially as it respects large developments, the
Owner/Developer, as condition of annexation and zoning, shall
participate in the negotiations with Ada County Highway District, and
shall become a party to any eventual agreements worked out by the
developer! ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully
perform the terms of such agreement or agreements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04~004)
Page 17 ofl9
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
day of d?~ , 2004.
[Jib
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED$~
VOTED fled-
VOTED ~d.--
VOTED~--
VOTED -
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 18 of 19
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Copy served upon Applicant, The Planning and Zoning Department, Public Works
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City Clerk s Office
Dated: ~U\L \S, dOO4=--
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (pP-04-004)
Page 19 of19
June-3,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Shawn Fickes
P P 04-Q03
June 8, 2004
ITEM NO. !:). ~
REQUEST Findings - Request for Preliminary Plat approval of 2 building lots on 2.7 acres
in an I-L zone for Cafarelli Subdivision No.2 - 1950 West Franklin Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLlCE 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: J'Avld ~ I{f Date: &;---7 Phon~: ~
Emaited: d 0Cl-i k'(@0lorM ley fJ'3:1 ht:rXS, rD fY1 staff Initials: ~lrD y;..q-
Materials presented at public meetings shall become properly of the City of Meridian.
See attached Findings
L/
rl1 (0 v
RECEI"lE
JUN 0 3 2004
interoffi ce
MEMORANDUM
City Of Meridian
City Clerk Office
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Cafarelli Subdivision No.2
File:
PP-04-003
Date:
June 3, 2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their May 25,2004 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attorney office, if Council
approves the Findings.
If you have any questions arise please advise.
Z:\Work\M\Meridian\Meridian 15360MlCafarelli Subdivision No.2 PP-04-003\BergPrePlatMEMO 06 03 04.da:
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C OS/25/04
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR CAFARELLI )
SUBDIVISION NO.2 FOR 2 )
BUILDING LOTS ON 2.7 ACRES )
LOCA TED AT 1950 WEST )
FRANKLIN ROAD, A )
RESUBDIVISION OF LOT 1, )
BLOCK 1 OF CAFARELLI )
SUBDIVISION, MERIDIAN, IDAHO )
)
)
BY: SHAWN FICKES, )
APPLICANT )
)
Case No. PP-04-003
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 May 25, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, and
Kevin Amar, appeared and testified, and the City Council having received a report from
Wendy Kirkpatrick for the Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician III, and the City Council having received as part of the record of
this matter the recommendation to City Council of the Planning and Zoning Commission
and the Preliminary Plat "PRELIMINARY PLAT FOR CAFARELLI SUBDIVISION
NO.2, A RESUBDIVISION OF LOT 1, BLOCK 1 OF CAFARELLI SUBDIVISION
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO.2 / (PP-04-003)
Page 1 of] 1
LOCATED IN THE SE 1,; SE 14 OF SECTION 11 T.3N., R.lE., RM., MERIDIAN,
ADA COUNTY IDAHO 2004, NO. I. DATE 03-25-04 DESCRIPTION ADD
COMMON LOTS, REVISE EASAEMENT, DRAWN BY: DAB, CHECKED BY:
DAVID A. BAILEY P.E., PROJECT NO. C23060, DATE: 01-14-04, PRELIMINARY
PLAT CAFARELLI SUBDIVISION NO. 2 SHAUN FICKES, SHEET PP-l,
STAMPED: RECEIVED MAR 30 2004 CITY OF MERIDIAN CITY CLERK OFFICE,
SHAUN FICKES - DEVELOPER, THORNTON FAMILY L.P. - OWNER, TERRY
PEUGH- SURVEYOR, DAVID A. BAILEY - ENGINEER, BAILEY ENGINEERING,
INC.", Shawn Fickes, Developer, submitted for preliminary plat approval and which
preliminary plat for approval application is herein received and adjudged by the City
Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the
following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason ofthe 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 I-L, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code S 11-7-2]
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO.2 / (pP-04-003)
Page 2 ofl1
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6,2002, Resolution No. 02-382. The Future Land Use Map
depicts the property as "Industrial" which allows for the proposed industrial subdivision.
3. It is determined that public services, including water, police, and fire, can be made
available to accommodate the proposed development, however, the subject site is not serviceable
via the City of Meridian's gravity sewer system. The applicant proposes to utilize individual
grinder pumps on each lot that would pump to an existing manhole east of the subject site.
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, and there should not be a conflict with the capital improvement
program. The development will not require major expenditures for providing supporting services,
since the proposed subdivision is a re-subdivision of a previously platted lot, services are already
available to the site.
5. The development ifbuilt in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth. It is not found that there would be any other health, safety or
environmental problems associated with this subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO.2 / (pP-04-003)
Page 3 of 11
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as "PRELIMINARY PLAT FOR CAFARELLI
SUBDIVISION NO.2, A RESUBDIVISION OF LOT 1, BLOCK 1 OF CAFARELLI
SUBDIVISION LOCATED IN THE SE !4 SE 14 OF SECTION 11 T.3N., R.IE., B.M.,
MERIDIAN, ADA COUNTY IDAHO 2004, NO. 1. DATE 03-25-04 DESCRIPTION ADD
COMMON LOTS, REVISE EASAEMENT, DRAWN BY: DAB, CHECKED BY: DAVID A.
BAILEY P.E., PROJECT NO. C23060, DATE: 01-14-04, PRELIMINARY PLAT CAFARELLI
SUBDIVISION NO.2 SHAUN FICKES, SHEET PP-l, STAMPED: RECEIVED MAR 30 2004
CITY OF MERIDIAN CITY CLERK OFFICE, SHAUN FICKES - DEVELOPER,
THORNTON FAMILY L.P. - OWNER, TERRY PEUGH - SURVEYOR, DAVID A. BAILEY
- ENGINEER, BAILEY ENGINEERING, INC.".
8. The applicant intends to develop the subject property as a two lot industrial
subdivision.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat ofthe applicant as evidenced by having submitted the
Preliminary Plat "PRELIMINARY PLAT FOR CAFARELLI SUBDIVISION NO.2, A
RESUBDIVISION OF LOT 1, BLOCK 1 OF CAFARELLI SUBDIVISION LOCATED IN
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO.2 / (pP-04-003)
Page 4 of 11
THE SE y,; SE 14 OF SECTION 11 T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY IDAHO
2004, NO. 1. DATE 03-25-04 DESCRIPTION ADD COMMON LOTS, REVISE
EASAEMENT, DRAWN BY: DAB, CHECKED BY: DAVID A. BAILEY P.E., PROJECT
NO. C23060, DATE: 01-14-04, PRELIMINARY PLAT CAFARELLI SUBDNISION NO.2
SHAUN FICKES, SHEET PP-l, STAMPED: RECENED MAR 30 2004 CITY OF
MERIDIAN CITY CLERK OFFICE, SHAUN FICKES - DEVELOPER, THORNTON
FAMILY L.P. - OWNER, TERRY PEUGH - SURVEYOR, DAVID A. BAILEY-
ENGINEER, BAILEY ENGINEERING, INC.", Shawn Fickes, Developer is hereby
conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
CONDITIONS OF PRELIMINARY PLAT
1. Domestic water service to this site shall be via main line extension from the existing
mains adjacent to the property. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
2. Sanitary sewer service shall be provided via independent grinder pump stations on
each lot, that would pump to the existing manhole east of the subject site. When the
future Black Cat sewer is installed in Franklin Road, the applicant shall be
responsible for the connection of the individual service lines, and the
decommissioning of the pump station.
3. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. The original study report indicates that shallow
groundwater may be a factor. All drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 1 DO-year storm events, and for
a period oftime 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAP ARELLI SUBDIVISION NO.2 / (pP-04-003)
Page 5 of 11
studies detennining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certifY that the
street centerline elevations are set a minimum of3-feet above the highest established
normal groundwater elevation.
4. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
5. Please submit a copy of the Ada County Street Name Committeets approval letter
for the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
6. Coordinate fire hydrant placement with the City of Meridian Public Works
Department and the City of Meridian Fire Department.
7. Prior to signature of the final plates) by the City Engineer, 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. that has not been completed.
8. A detailed landscape plan, in compliance with the Landscape Ordinance, shan be
submitted for the subdivision with the final plates) application.
9. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to
signature of the final plates), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided (MCC 12-5-
3).
10. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at subdividerts expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and
quantity are determined after power designs are completed by Idaho Power
Company. The street light contractor shall obtain design and permit from the Public
Works Department prior commencing installations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO.2 / (pP-04-003)
Page 6 of1I
11. Developer shan coordinate mailbox locations with the Meridian Post Office.
12. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
13. 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.
14. Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the Applicant of responsibility for
compliance.
15. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
16. Ten days prior to City Council, submit a revised plat depicting a minimum 25' cross
access easement and a vehicle turnaround.
17. Western side of proposed subdivision lots must be fenced to prevent access to the
private road located directly west of the subject property. Including additional
landscaping until access has been agreed upon.
B. Adopt the recommendations of the Meridian Fire Department as follows:
1. Proposed cabinet shop and welding shop must meet all International Fire Code
regulations.
2. Preliminary building lay-out and turnaround must be approved by Meridian's Fire
Department.
c. Adopt the recommendations ofNampa Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. The District's Yon Lateral and Eight Mile Lateral course through this proposed
project. These easements must be protected and any encroachment without a
signed License Agreement and approved plan, before any construction is started,
is unacceptable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDMSION NO. 2/ (pP-04-003)
Page 7 of 11
D. Adopt the recommendations ofthe Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Utilize the existing 24 to 3D-foot wide driveway, approximately 21 O-feet east ofthe
west property line as a shared driveway between Lots 1 and 2 as proposed.
Pave the driveway its full width 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 not already completed.
2. Other than the access point(s) specifically approved with this application, direct lot
or parcel access to Franklin Road is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
3. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certifY all
improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO.2! (pP-04-003)
Page 8 of 11
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 #198, also known as Ada County Highway District Road
hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way.
The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions ofthis approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative
and an authorized representative ofthe Ada County Highway District. The burden
shall be upon the applicant to obtain written confirmation of any change from the
Ada County Highway District.
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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO. 2 / (pP-04-003)
Page 9 of 11
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.
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.
By action of the City Council at its regular meeting held on the
day of 0~ ,2004.
ROLL CALL:
8-1b-
COUNCILMAN SHAUN WARDLE
VOTED*L/
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAP ARELLI SUBDIVISION NO.2! (pP-04-003)
Page 10 of11
COUNCILMAN BILL NARY
VOTED~
VOTED*v
VOTED~
VOTED
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
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Copy served upon Applicant, The Planning a-'ri'dZoning.Department, Public Works
Department and City Attorney.
BY:,~ (l ,4 CO JY0
CIty Clerk's Office
Dated:J LLnc... I \1~rD4-
Z:\Work\M\Mcridian\Meridian 15360MlCafarelli Subdivision NO.2 PP-04-003\FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO. 2/ (pP-04-003)
Page 11 of 11
June -3, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8, 2004
ITEM NO. 6- "
REQUEST Wafer Main Easement for Citigroup jldaho (Project Hercules) by KDC - Idaho
Investments
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
(iVftf.Y
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
~ . ? ::..~ ~. /-?~^ /
City of Meridian ". "
" Putilic Wofk:s" D~~~. "," :
" ~ ~ . ~ '- r
RECEIVED
JUN 0 3 2004
Citv Of Ivleridian
CitY Clerk Office
Mem
To: Mayor de Weerd & City Council
From: Karie Glenn
cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk
Date: 6/212004
Re: Proposed Agenda Items for June8, 2004 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
June 8, 2004 City Council agenda, on the Consent Agenda, for Council's consideration:
~ 1)
Water Main Easement for Citigroup/ldaho (Proiect Hercules) by KDC-Idaho
Investments.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Citigroup/ldaho (Project Hercules) by KDC-Idaho Investments and authorize
the Mayor to sign and City Clerk to attest.
2) Streetlight Aoreement for Fulfer Subdivision #1.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for Fulfer
Subdivision #1 and authorize the Mayor to sign and City Clerk to attest.
3) Streetlight Aoreement for Lochsa Falls #7.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for
Lochsa Falls #7 and authorize the Mayor to sign and City Clerk to attest
Thank you for your consideration.
. Page 1
WATER MAIN EASEMENT
THIS INDENTURE, made this _ day of ,2004 between KDC-Idaho Investments, LP, a
Texas limited partnership, the parties of the first part, and hereinafter called the Grantors, and the City of
Meridian, Ada COlU1ty, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided through an underground pipeline to be constructed by
others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey tmto the Grantee the
right-of-way for an easement for the construction, operation, maintenance, repair and replacement of
a water main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and
their allied facilities, together with their maintenance, additional cOlmection thereto for providing
services to the Grantors, repair and replacement at the convenience of the Grantee, with the
reasonable right of access to such facilities at any and all reasonable times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns so long as the service provided by such water main is required by the
Grantors.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall promptly restore the area of the easement and adjacent property to the
condition that the same existed prior to tmdertaking such construction, repairs and maintenance.
However, Grantee shall not be responsible for repairing, replacing or restoring anything placed
within the area described in this easement that was placed there in violation ofthis easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures within the area described for this easement, which would mterfere with the use
of said easement, for the purposes stated herein.
C:\Temp\DMS_1.PH_201907U~J~DOC
Page 1 of 4
TIIE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and.of no further
effect and shall be completely relinquished. Notwithstanding anything to the contrary, Grantee shall
not be entitled to make any claim for proceeds resulting from the exercise of any power of
condemnation or eminent domain with respect to the property subject to this easement.
THE GRANTORS do hereby reserve the right to relocate the area subject this easement in the
Grantors' sole discretion from time to time.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed
of the aforementioned and described tract of land, and that they have a good and lawful right to
convey said easement, subject to all liens (including mortgage liens), easements and other
encumbrances now or hereafter filed against such tract of land.
C:\Temp\DMS_l-PH_201g071_[4-.J;s,DOC
Page 2 of 4
IN WITNESS \VHEREOF, the said parties of the first part have hereunto subscribed its signature the
day and year first herein above \Vritten.
GRANTOR:
KDC- Idaho Inveshnents, LP, a Texas limited partnership
By: KDC-Idaho Inveshnents GP, LLC, a Texas limited liability company
By: KDC Holdings, LP a Delaware limited partnership, its member
By: KoIl Development Company, LLC, a New Jersey limited liability company,
i:~e'/ ~
To . Grove, P'feside
STATE OF TEXAS)
) ss
County of DALLAS )
On this ;t(g day of VIA Q,~ ' 2004, before me, the unde"igoed, a Notary Public in
and for said State, personally appea d Tobin Grove, President ofKoll Development Company, LLC
a New Jersey limited liability company, general partner ofKDC Holdings, LP, a Delaware limited
partnership, a member ofKDC-Idaho Inveshnents, GP, LLC, a Texas limited liability company,
general partner ofKDC-Idaho Inveshnents, LP, a Texas limited partnership and, mown or identified
to me to be the President of the corporation that executed the within instrument, and acmowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year fist above written.
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C;\Temp\DMS_1-PH_201907U~JtDOC
Page 3 of 4
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
ss,
County of Ada )
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., lmmvn to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and aclmowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
C:\TEmp\DMS_1-PH_201907U4-,)~DOC
Page 4 of 4
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A water easement tocated in ap0l1io:h in theSElf4 of the NW1!4 of Section 21,
10wJlsh~p 3 North, Range 1 .Ea~l;,. Bbise Meridian;. Cit)'ofM~ddian, Ada County, Idaho
llOl)g,'U10lTC cle:strihJt;d,~'$ foll.0\vs;
CbmmenclngDJ;:a oras$"o,1,!.P ttl{'jb'UIUcllt'il1:trtJtl1i1t(ifb'P 'NE ..oorner nlfsflfpl:sr\V 1/4, thence
along lhe East litre IO.f';~ai{l N~Ml'/4 SQ~O"'1 t13;l"W a',dlstartte of L99,S,. t~ fe~no a point
fr.(}.m 'V~hi'Cha hrasscap mo.rtulne:tlt itJ.arking the' BE pQrtie:r (:.If said WW1/4- b~ars
800"11 , 32"V(! a distance of65KSO feet, tbenc6ka,dng said East liueN8904S"1Jr"Wa
distance of J05, 86 feet to the POINT OF BEGINNING;
Thence }i8~051 '.09"'\V a ejistarweaiji"Z(iH00'fe,et f0'a pOInt;
Thence N001:l"13ll,{f'~ lLdistl.'ll)ce (jf~2, ii5 'fe~tct0a'pdint;
Thep.c,eN890,S 9'149''W a -dlsta.nce, 'of '2'31!J:90 feet to a' poj:p.t;
Thence SOQ'o08' 5Dt~Wa dista,nce ol'L.5C4B'5: feelto ~l pOll1t;
Tht~r,l.ce S9URGWOO"E a distance of21 .44 fe:eUoa pi;)int;
"Phence,SOX1".oS"51')W a.distance o:f20,00 fooitQ appmt;
i=::~~~~:~~;~~~::;ba~;:~~e;oi~l:Q~~e:~::: :~i:;~t;
TIrenceS9G"U:{)' .gQ'~Ea4f$tmloet'Of2i@S.3'4 tee't tcrap'oirw,
The:nc;e..'NOD"t1"2b"W a. cUst~1'Ce,tif;1i23\ 14 teet toap0JQi~
Thence S90"uO'OO"E adis;aIJ;C'e'of4rliO,€I/feet to apq1rtt;
Then:ce SeW) 17'26"E a dlstanceCif 1:0,00 feet to a p.oint;
Thetl,ceN90:<>OO'P0l~W a distance of 2(hOD feet to a point;
'l'1.... S]';10" 1" 7'" '<)6' "'-"" . .j~. . .;1:' ~ '0'" . 4 i)' . .
HUenccV. 0 ,.L.i'1iJit ,tw.stan(,;~Q~ '1"".1: ;,lectio :a pOll1t;
Thep.Q-e. S9,ot;io.0"OQ."E; a distnil~e;:6f 16{.$:it feeHo u p.o:fut~
Thence NOD "'BE , 50"13 a: diSti1i1.ce@fB79A;S fteUb c(; pdb1i\
Thence N89Q51 '{)9"W a distance of21.2JfeCttoa point;
Thenoe NOO"'08'51 OlE a disw:Ilcc of2G!OO feet to a point;
Thence 889051' 09"E a distance of 21.21 feet ter a point;
!hence NQoo08 'SO"Ea d~staf'~e of 1.4958 f~6HQ a point;
'm~~ncelNlf9"S2~2iJ"W a.distance,Qf t~4,.$1 fee.t'1oaEojl1~;
~t9~;~%;~9,~9:~~~~'~:~~.a di;'ta:#~~qf1~,5"~~epJ:J~> a:p~~l~
'Tb.~:8e:m9gQQO\0(}>'\V a"aJ:sta:n::ee:oQ!f:z.(.)J:@.Ofeb1>tb a:pDlllt;
th~t;e 'N00"'a:0~';l),Q'~E a:cl1:~t.ancc, 0f',t~ /b'W1\eettcr a POInt
ThcnceM89052'25"W $ custancei1'f 180.77 feeiJo a'Point;
Tl1ence NOGD 13 ' lu"E a distance ,of 20.00 fee.t 10 6. POiflt;
'Ihe:Jtc:e S8~:)2~2.$"Ea d)stance,ol' 345,,0 I .feet to a point;
"pI>'...'.... !Q'nit 'no"'''' "''if7 ';.1' . , ./-'<;{";jj" f:" .. ,L
. 2!.\1yl;\S:~4,'1;*r;I'!';1J;;;iQ/\T ai;\jl;Star(C~\lhC4;Q4;,37, ieet {o"n..pmut;
'~:b:~:~:~~~~!~i~f~@~~~::~~t:~:~'>i;~t:;~~d~t 0F'BEGLNNIM'0;
said easement cQntaim; 0.82 flCreSl110re or Less and is subjectto allexisting ea;;;ement$
and rights-of-ways of record orimpEed,
.Ci1f!199j2.1~Irc:uJ~ro,#\i)e~it d,~~cti~U:Qlf,- ir.5.'Oi(Q4Pli1h,il:grJ
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June- 3, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8, 2004
ITEM NO. s- ,
REQUEST Streetlight Agreement for Fulfer Subdivision No. 1
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:
SElTlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
#./
tllY I}
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
>RD(~E-T~lVD
,I1A',~; > i1.1 ,.cd > ~
JUN 0 32004
City Of MericliaIl
City Clerk Office
M
To: Mayor de Weerd & City Council
From: Karie Glenn
cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk
Date: 6/212004
Re: Proposed Agenda Items for June8, 2004 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
June 8, 2004 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Citiorouo/ldaho (Proiect Hercules) by KDC-Idaho
Investments.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Citigroup/ldaho (Project Hercules) by KDC-Idaho Investments and authorize
the Mayor to sign and City Clerk to attest.
): 2)
Streetliqht Agreement for Fulfer Subdivision #1.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for Fulfer
Subdivision #1 and authorize the Mayor to sign and City Clerk to attest.
3) Streetlight Agreement for Lochsa Falls #7.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for
Lochsa Falls #7 and authorize the Mayor to sign and City Clerk to attest
Thank you for your consideration.
. Page 1
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF .MERIDIAN
and Kevin Howell construction, pertaining to the street lights in Fulfer subdivision #1, a
residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Kevin Howell construction. has provided 2ea street light fixture on single pole, concrete
pole base, and components to the residential development known as Fulfer subdivision
#1, in Meridian, Idaho. The parties acknowledge that the 2 street light poles -and
appurtenances were specially ordered items, not customarily used in residential
developments in Meridian, Idaho.
2. Kevin Howell construction, or it's assigns, agree to replace, repair and provide any
required maintenance of any of the above mentioned street lights, and/or appurtenances
thereof: that may hereafter be broken, damaged, or deteriorated, or require maintenance,
at its own expense; and it is further agreed that Kevin Howell construction, or its heirs,
successors and assigns, shall keep the lights operational at all times, it being understood
by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable
time to replace them.
3. It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 2 street lights located in Fulfer subdivision #1, in the usual and customary
manner.
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type.
5. It is understood and agreed that Kevin Howell construction will assign its rights and
obligations hereunder to when said Homeowners Association is formed and operational.
. '"
STREET LIGHT AGREE.MENT
... L --..;
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Page 1
This AGREEMENT shall be binding on Kevin Howell construction its heirs, successors
and assigns, and the CITY OF MERIDIAN.
Dated this
day of
,20
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor De Weerd
ATTEST:
William G. Berg, Jr., City Clerk
Kevin Howell
BY/G- 1~
President
STATE OF IDAHO, )
County of Ada, )
ss.
On this _ day of , 20-----, before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor De Weerd and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY OF :MERIDIAN, Idaho, and who
STREET LIGHT AGREEMENT
Page 2
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fIrst above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
:MY COMMISSION EXPIRES
STATE OF ~c/a. k ,)
: S5.
County of ~ ,)
On this .;).S day of ;..4 A-Y , 20!!.::L before .l1le, the un~e~si~~:~J Notary Public
in and for said State, personally appeared /.dZt//N tfo~ and
known to me to be the President and Secretary of
~/N -Aha/eI/ COt1S{-{/'uG/f{;>;{ ., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
fl{4<~~
"NOTARYPUB IG-fORIDAHO dJ
RESIDING'AT ~ ~
MY COMMISSION EXPIRES 2// LID 9
SEAL
STREET LIGHT AGREEMENT
Page 3
June 3, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8, 2004
ITEM NO.
REQUEST streetlight Agreement for Lochsa Falls #7
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 DE?T:
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
Ut~/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Moterlals presented at public mlllGffngs shaJl become properly of the City of Meridian.
City of Meridian
Public Works Dept.
. RECEIVED
JUN 0 3 2004
City Of Meridian
City Clerk Office
Memo
To: Mayor de Weerd & City Council
From: Karie Glenn
cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk
Date: 6/212004
Re: Proposed Agenda Items for June8, 2004 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
June 8, 2004 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Citiqroup/ldaho (Project Hercules) bv KDC-Idaho
Investments.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Citigroup/ldaho (Project Hercules) by KDC-Idaho Investments and authorize
the Mayor to sign and City Clerk to attest.
2) Streetlight Aqreement for Fulfer Subdivision #1.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for Fulfer
Subdivision #1 and authorize the Mayor to sign and City Clerk to attest.
>t 3)
Streetlight Agreement for Lochsa Falls #7.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for
Lochsa Falls #7 and authorize the Mayor to sign and City Clerk to attest
Thank you for your consideration.
. Page 1
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #7, a residential
development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Lochsa Falls, LLC has provided 14 single head street light poles, concrete pole bases,
fixtures, bulbs, and components to the residential development known as Lochsa Falls #7
in Meridian, Idaho. The parties acknowledge that the 14 single head street light poles
and appurtenances were specially ordered items, not customarily used in residential
developments in Meridian, Idaho.
2. Lochsa Falls, LLC or it's assigns, agree to replace,' repair and provide any required
maintenance of any of the above mentioned street lights, and/or appurtenances thereof,
that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its
own expense; and it is further agreed that Lochsa Falls, LLC or its heirs, successors and
assigns, shall keep the lights operational at all times, it being understood by the City that
bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace
them.
3. It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 14 single head street lights located in Lochsa Falls #7 in the usual and
customary mmmer.
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device ofthe "fail off' type.
14. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations
hereunder to when said Homeowners Association is formed and operationa1.
STREET LIGHT AGREEMENT
Page 1
This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and
assigns, and the CITY OF MERIDIAN.
Dated this
day of
,20
CITY OF MERIDIAN, a municipality and
Political subdivision ofthe State ofIdaho
By
Tammy de Weerd, Mayor
ATTEST:
William G. Berg, JI., City Clerk
Lochsa Falls, LLC
By ~A~ ~
Marty G ds ifu, Member
STREET LIGHT AGREEMENT
Page 2
STATE OF IDAHO )
) ss.
County of Ada )
On this _ day of ,20_, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho,
and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY CO:i\1MISSION EXPIRES
STATE OF IDAHO )
) ss.
County of Ada )
On this ~ day of M~ ., 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member
of Lochsa Falls, LLC, and who executed the within instrument on behalf of said company, and
acknowledged to me that said company 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
"".........
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~L~
NOTARY PUBLIC FOR IDAHO
RESIDING AT ~l ,~
MY COMMISSION IRES 5] 1:l(O€'
STREET LIGHT AGREEMENT
Page 3
June-3, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8,2004
ITEM NO.
S.L
REQUEST Finch Lateral Crossing with 12" Water Main
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLlCE 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 affached
F
evtr
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeffngs shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
-" RECEIVED
JUN - 3 20Dlt
City of Meridian
City Clerk Office
Memo
To: Brad Watson
From: Clint Dolsby
cc: Gary Smith
Date: 6/2/2004
Re: Proposed Agenda Item for June 8, 2004 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the June
8 City Council agenda, under Consent Agenda, for Council's consideration:
Finch Lateral Crossing with 12" Water Main. Hi-Grade Underground, Inc is currently on-site
doing a sewer line boring across the Finch Lateral for the Redfeather Estates Subdivision.
Since the landowner is somewhat non-cooperative it makes sense to also do a water main
boring now to reduce the inconvenience to him. It will also avoid future mobilization costs for
a stand-alone City project. The easement for the water line that will cross the Finch Lateral is
granted to Redfeather. We solicited a quote from Hi-Grade Underground which is
$24,991.63. This is comparable to other City boring contracts in the last two years. Lurre'
Construction, Inc is boring a water line across Eagle Road for the City that will tie into this line
in the future.
This project consists of construction of approximately 150 L.F. of 12" water main, 20" casing,
Finch Lateral Bore Crossing, fittings, gate valves, connections to existing water mains,
surface restoration, dewatering, and other related and miscellaneous work.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the Finch Lateral Crossing with 12"
Water Main with Hi-Grade Underground, Inc. for $24,991.63 and authorize the
Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 1
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated the 8th day of June in the year 2003 by and between City of
Meridian, Ada County, Idaho (hereinafter called OWNER) and Hi-Grade Underground, Inc. (hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1
WORK.
The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally
described as follows:
The Project consists of construction of approximately ISO L.F. of 12" water main, Finch Lateral Bore
Crossing, fittings, gate valves, connections to existing water mains, surface restoration, dewatering, and other
related and miscellaneous work.
The Project for which the Work under the Agreement is described as follows: Finch Lateral Crossing with 12"
Water Main.
All replacement materials and workmanship will meet the City of Meridian Standard Specifications and
Drawings. The Contractor should become familiar with the specifications.
Article 2
ENGINEER
The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works
Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
Article 3
CONTRACT TIME.
The Work will be completed within thirty (30) calender days from the date when the Contract Time commences to
run. Time is of the essence.
Article 4
CONTRACT PRICE.
OWNER will pay CONTRACTOR for completion ofthe Work in current funds as follows: $24,991.63
Article 5
PAYMENT PROCEDURES.
The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for
Payment must be submitted to the Public Works Department.
Payments. The OWNER will make progress payments on account of the Contract Price on the basis of
CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the IStl.
day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day
of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of
values established in Article 4. The OWNER may retain up to S% ofthe amount of the payment until final completion
and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will
be made in full, including retained percentages, less authorized deductions, within thirty (30) days.
6/2/2004
Page
100
/
I
Article 6
INTEREST.
All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of
Project, whichever is less.
Article 7
CONTRACTOWS REPRESENTATIONS.
In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations:
7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local
conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of
the Work.
7.2 The CONTRACTOR has studied carefully all drawings of physical conditions.
7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies
that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8
CONTRACT DOCUMENTS.
The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR
concerning the Work, consist of the following:
8.1 This Agreement.
8.2 Exhibits to this Agreement - N/A.
8.3 Information For Bidders.
8.4 Drawings.
8.5 CONTRACTOR's Quote.
8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the
Information For Bidders, contained herein.
8.7 Revisions to the Standard Specifications and Special Provisions.
8.8 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise
above).
8.10 City of Meridian Standard Specifications & Drawings - 2002
8.11 EJCD General Conditions
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only
be amended, modified or supplemented by written Change Order.
6/2/2004
Page
20f3
Article 9
MISCELLANEOUS.
9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on
another party hereto without the written consent of the party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the
other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and
obligations contained in the Contract Documents.
Article 10 OTHER PROVISIONS.
None
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
The Agreement will be effective on
,20_
Owner CITY OF MERIDIAN
Contractor
By:
By
Name: Tammy de Weerd. Mayor
Name:
Attest:
Attest:
William G. Berg, Jr. City Clerk
6/2/2004
Page
3 on
-
I
. ,
'. "
:.- -/ii' 1JH..(;lt.1t'jILf1l1~UNl!.lN;.
· ,. n..lt.- . ,
· i ~ i1t:al1TlfJ , ~',
",
521.E.3rd
Meridian, idaho 83642
Contact: Dave CliffoI'd, Estimator
Phone: (:208) 888-6541
-Fax: (208) 888~6276
Quote to:
city Of Meridian
Attn: Clint DoJsby
8'98-5500
898-9551
Job Name:
Date of Plans:
Revision Qate:
Finoh Lateral Crossing WI 12" Water
None
Phone:
Fax;
ii'
No 12" Gate Valves indicated
, Unit Price Will Be $1650.00
ITEM DBSCRrPTION QUANTITY UNIT UNIT PRICE AMOUNT
12" Tee l.00 EA 432.39 432.3.9
12" 22.5 Bend t, l.00 EA 429:81 429.81
211 Blow-Assy On 12" Main WI 12" O.v. ' 1.00 EA 2,796.17 2,796.17
. 12" C~900 Water Main 150.00 LF 18.22 2,733.00
,
" 20",Steel Casing Including Bore I 60.00 LF ' 238.94, 14,336.40
1.2" Meridain Spec Off~Set 1.00 EA i 4,263.86 ,4,263:86
GRAND TOTAL
I $::'-4,991.63
NOTES: '
'"
Price Excl1.!des: Penuits,Fees) Staking, Surveying.
,
!
Page 1
June 3,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8, 2004
ITEM NO.
REQUEST Award of Bid to Star Construction, LLC for Well No. 20 Pressure Zone Separation
at Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
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
t~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
(rlECEIVED
JUN 0 3 2004
City Of Meridian
City Clerk Office
"
Memo
To: Will Berg; Tara Green
From: Clint Dolsby
CC: Brad Watson
Date: 6103/2004
Re: Proposed Agenda Item for June 8,2004 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the June
8 City Council agenda, under Consent Agenda, for Council's consideration:
Well No. 20 Pressure Zone Separation at Ustick Road. One bid was received for this project
as summarized below and detailed in the attached spreadsheet along with the engineers
estimate:
.
Star Construction LLC
Engineers Estimate
$107,274.20
$99,207.90
.
This project consists of construction of approximately 54 LF. of 8" water main, 799 LF. of 12"
water main, an 8" Pressure Reducing Station, a 10" Pressure Reducing Station,
miscellaneous valves, fittings, appurtenances, and surface restoration. The specialized
nature of this project prevented some other contractors from submitting bids for the project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the Well 20 Pressure Zone
Separation at Ustick Road with Star Construction LLC for $107,274.20 and
authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 1
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June 3, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8, 2004
ITEM NO.
REQUEST Waterline Latecomer's Agreement - Well 20 PRY
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATfORNEY
CITY POLICE DE?T:
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:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See aHached
ov....,L/
Uv1Jf-Y
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meelings shall become property of the City of Meridian.
City of Meridian --
Public Works Dept.
R CEIVED
JUN 0 3 2004
City Of Meridian
City ClerK Office
Memo
To: Brad Watson
from: Lenard Grady /b )...
cc: Gary Smith
Date: 6/3/2004
Re: Proposed Agenda a Items for June 8, 2004 City Council Meeting
The Public Works Department respectfully requests the following item{s) be placed on the
June 8 City Council consent agenda:
Waterline Latecomer's Agreement - Well 20 PRY Attached is an agreement with Capital
Development, Inc. for the changes to the water system to allow water to be diverted to the
high-pressure zone in the event of a fire. Construction of the system totals $107,274.20. As
there will eventually be benefit to the city, the latecomer's agreement is for half of that
amount. Calculation of the ERU allocation is generally consistent with previous agreements.
The methodology will be reevaluated in the future to better accommodate water
requirements.
Recommended Council Action: The Public Works Department recommends
that City Council approves the Waterline Latecomer's Agreement for Well 20
PRV with Capital Development, Inc. and authorize the Mayor to sign it.
From the desk of..
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax: (208) 898.9551
gradyl@meridiancity.org
W A TRRT ,TNF, T ,A TR COMF:RS AQRF,l?,MRNT
. WELL 20 PRV
CAPITAL DEVELOPMENT, INC.
This Waterline Late Comers Agreement ("Agreement") made and entered into this
_ day of
2004, by and between CAPITAL DEVELOPMENT, INC., an Idaho
corporation, hereafter referred to as "Developerrr, and the CITY OF MERIDIAN, hereafter
referred to as "City".
WITNE SSE TH:
WHEREAS, the City limits extend north of Us tick Road, but prior to this Agreement and
the construction referred to herein, such area was not provided water service by the City; and
WHEREAS, the City constructed a waterline from an existing waterline to the area north
and south of McMillan Road, and east of Locust Grove Road, as depicted in "Exhibit A",
attached hereto and incorporated herein, which water line is able to provide service to land north
and south of McMillan Road, and east of Locust Grove Road to the entire area depicted (the
"Total Service Area") in Exhibit "A"; that the Total Service Area is approximately 384 acres
which, if developed under the land use density projections shown on Exhibit "B", which is attached
hereto and by this reference incorporated herein as if set forth in full, with land use densities shown
on Exhibit uB", there could be 1213 equivalent residential units (ERU) in the 384 acres; that the
WATER LINE LATE COMERS AGREEMENT
Page - 1 of7
Developer's site consists of 241 ERU; that on the land not included in the Developer's site but
within the Total Service Area, there could be 972 ERU; and
WHEREAS, the water line constructed by the City will benefit the City and the Developer
equally; that the said waterline will benefit land other than only the land developed by Developer;
that the land that can be served by the said water line is shown in Exhibit fiN'; that the developable
land that can be served by the water line could contain 1213 ERU's; that the developable areas that
eventually connect to the water line serviced by the City will be subject to the latecomer fees
described herein; that 50% of the land located within the Total Service Area, excluding the
Developer's site, would be developed in ten years, the term a Late Comers Agreement is allowed to
run, and
WHEREAS, the total cost of constructing the said water line borne by the City was
$107,274.20; whereas the City and the Developer derived equal benefit from the said construction;
whereas the water line will benefit the Developer's site, which could contain 241 ERU's, or 19.9%
of the total area to be benefited by construction of the water line; therefore the cost to Developer to
construct the water line to his own site would be $10,671.70; that by subtracting this amount as the
total Developer's cost share, the total cost to all late comers is $42,965.40; and then adding 5% for
the City Administrative Fee; and then dividing by 50% of the remaining number of ERU's that
could be served by the water line; and there should be a Late Comers fee of $92.87, adjusted
annually, per ERU as sho"lNll in Exhibit "C", attached hereto and incorporated herein; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into
water line extension and reimbursement agreements and that section further provides that water
WATER LINE LATE COMERS AGREEMENT
Page - 2 of7
users who subsequently connect to the extended water line( s) shall be charged an eight (8) inch
diameter water line equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the fact the user has not contributed to the cost of the extended line;
the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides
that the late comers fee may be used to reimburse the person or persons so extending the water
line(s).
WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to
charge a Water Construction Equivalency Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a
water line, whether that construction has been performed by the City, a local improvement district
or a private entity, or combination thereof, and who subsequently desires to connect to the City
water system, shall be required to pay an additional connection charge which shall be known and
referred to as the "Water Construction Equivalency Fee".
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in full.
2. That the City has paid for engineering, planning and construction of the water line
shovvn in Exhibit ItA", and which will benefit the Total Service Area also sho\Vll in Exhibit IIAn.
3. That the City and the Developer will derive equal benefit from the said engineering,
planning and construction; that the Developer will accordingly reimburse the City the sum of
$53,637.10 for one-half of the total construction costs of the said water line, ofwmch Developer is
entitled to be reimbursed the sum of $42,965.40 plus interest, which represents land in the Total
WATER LINE LATE COMERS AGREEMENT
Page - 3 of7
Service Area that could be served by the water line but is not included in Developer's site.
4. That for all land within the Total Service Area, excluding the Developer's site,
connecting to the water line referred to in Exhibit "A" after the date of this Agreement, the City
will charge the sum of $92.87, adjusted annually, per ERU as shown in Exhibit "C"; such users
shall hereafter be referred to as lILATE COJ\1ERS"; that the charge is the water construction
equivalency fee authorized in 9-1-12 and established by this Agreement, which fee shall herein be
referred to as "LATE COMERS FEE"; the fee is in addition to any other water charges for
connection to the water system; the computation of the Late Comers Fee is shown on Exhibit "C".
5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "WELL 20 PRY WATER EXTENSION
PROJECT REIMBURSEMENT ACCOUNTl1 and shall reflect interest at a rate of 6% to be
accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the
term of the Agreement, and shall be distributed quarterly to the Developer.
6. That the late comer fees assessed, which will go into the WELL 20 PRY WATER
EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall be adjusted annually, at a
rate of 6% per annum as shown in Table I of Exhibit "C".
7. That the late comer fees shall be collected by the City from all users in the Total
Service Area, excluding the Developer's site, connecting to the water line shown in Exhibit "N',
after the date of this Agreement.
8. That the City shall charge the WELL 20 PRY WATER EXTENSION
REIMBURSEMENT ACCOUNT the 5% fee authorized by 9-1-13.
WATER LINE LATE COMERS AGREEMENT
Page - 4 of7
9. That the City shall have prepared on an annual basis an audit of all funds collected
pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the
cost of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the water line(s) depicted in Exhibit "Aft is the property of the City
and shall henceforth be maintained by the City at its sole cost and expense.
11. The term of this Agreement shall be until Developer has been reimbursed the
principal sum of $42,965.40, plus interest, as determined in Paragraph 3 or, if this is not achieved,
for a period of ten (10) years. If the Developer has not been reimbursed the principal sum of
$42,965.40, plus interest, less administrative fees after ten (10) years from the date of this
Agreement, this Agreement may be renewed by mutual Agreement of the City and the Developer,
at such time as the City ordinance allows for extension of a ten year time frame. If the City does
not amend this ordinance, then this agreement shall have a ten year life span.
WATER LINE LATE COMERS AGREEMENT
Page - 5 of7
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
DATED this _ day of
, 2004.
BY:
CITY OF MERIDIAN
TAM1vfY DEWEERD, MAYOR
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Approved By City Council:
CAPITAL DEVELOPMENT, INC.
By
(corporate seal)
WATER LJNE LATE COMERS AGREEMENT
Page - 6 of7
STATE OF IDAHO,)
: ss.
County of Ada, )
On this - day of , 2004, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAl'v1MY DEWEERD and WilLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY COMlv1ISSION EXPIRES
STATE OF IDAHO,)
: ss.
County of Ada, )
On this~Dday of ::rUJ\~ , 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared RAMON YORGASON, known to me to be President of
CAPITAL DEVELOPMENT, INC., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation 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
QJ.u A~ooJ.gJ
NOT Y PUBLIC FOR IDA.HO
RESIDING AT DO\s-r I~
(
MY COMMISSION EXPIRES
JULIE A. MEADER
Notary Public
State of Idaho
MY COMMISSION EXPIRES
May 13, 2010
l'lOND);:D TlUlU NOTARY PUBLIC UNDERWRITERS
WATER LINE LATE COMERS AGREEMENT
Page - 7 of7
Exhibit A
ERU Area for Well 20 PRY
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------.. - ...'.... ~-T"...-r...I. .-.....~.I.. ..J1JIL'_'"_"'i-Oll. ,. '.' -. r~ 1..".,...-..- -..-'.~"-.'--.'.'+....'~. '....=--.. ........""". .' . .... ..I~.. 1-
I I '1 IT-. I ' " I I I""" ".Ei"""'-'-='-J.TFi ')'~~ I j
, '. '+:-1,;;:.?J-.J~4:'/1 ..- .Eb !']J[!'~,Yn{J~,(t;>.>".>~)~~t#Jf:J_lq. ..r "
--' t. J .Jiltl 'I I ,. cl:6TI3 -- ~jli'-,J" >/.;-; ,'.",%_J - -%:], mUll _I
...:J,_"- "J" . 1- I . -~~ \. I, hL' ""'>/.) /.!' \''-_. '>>;',:.r~' ,
", " ~ r- -~ :---;'~.'~ ~:.../ l~l""u~- -j", ~~~,...,"""""~==~..., ~,~ "
"'. : ... 'a r-:-' -. (.~ I ""--~i .......~:::-:-./ .-'._: '! i'! _ -.... ~~)
=!;<'/' I. --r:-cfC" jL -I El-, ,,- -;-I-r..(r/<!. J" j,\}cV';%,lU1I! I...., ../~. , 1
".:::!u.~_XI.J..J:j--'.I-" -li. ...1- ..<..l:~-..i...ILIT. ... m.L ..,...! ~..! 8=...1'..~ t. -.1.1 i....~...i.::,.('...-',.'-.-.........__.....~..:.b:;..'.'(.Q-; ..0-':."..-'.7'.~.~. ...-.:'-....'..7......"-..."!Cf.........~~...-'..'.~..C-....-...t:...~. I. '< -
[ . ,~t:bOJE8C~L ~-' :.~Wt:i1/<,t>r~,)/>:~,~lltt)':/ji:-~i~ .~. " """
. Fffim(.~.ci..c~: 5~iIfH.J . '.H.re.- }~..:.~~.'..;~\~./..----..k.:~!Ifj.Fl@{~d?!:l\ · ". ~- "'~"-<
. fJ'.IjffNDE ,"'nb'. . ,,', '. . .'Wj'€BiIND~~BL ' , =:r
Ji1,..~..,., oN., . iTlTI rTTHT.,,,, " , .. , , .,. ,~. fHrn rrm11
Legend
B Medium Density Residential
o Mixed UseN- Low Density Residential
o Not Eligible
N
w4t.
s 0
6/2/2004
0.5
. Miles
1
Exhibit B
ERU Calculations - Settlement Bridge
Class PARCE ADDRESS ACRES ERU/Acre ERUs
LDR
R19669605 E DUNWOODY CRT 1.45 2.00 2.9
R19669616 E DUNWOODY CRT 31.12 2.00 62.2
RI9669628 E DUNWOODY CRT 3.35 2.00 6.7
S05292337 5780 N LOCUST GROVE RD 5.06 2.00 10.1
S05292336 5690 N LOCUST GROVE RD 5.06 2.00 10.1
RI9669626 E DUNWOODY CRT 3.30 2.00 6.6
Summary for 'Class' = LDR (6 detail records)
Sum 49.34 98.7
lvIDR
S05293360 5190 N LOCUST GROVE RD 8.02 4.00 32.1
S05292232 6380 N LOCUST GROVE RD 38.70 4.00 154.8
S05293361 1630 E MCMILLAN RD 2.50 4.00 lO.O
805293364 E MCMILLAN RD 1.51 4.00 6.0
805293363 1860 E MCMILLAN RD 5.24 4.00 21.0
805293362 1780 E MCMILLAN RD 5.12 4.00 20.5
S05293362 1720 E MCMILLAN RD 4.84 4.00 19.4
S05322124 2251 E MCMILLAN RD 10.00 4.00 40.0
S05293361 N LOCU8T GROVE RD 8.65 4.00 34.6
S05321209 E MCtvnLLAN RD 6.64 4.00 26.6
805293361 5040 N LOCUST GROVE RD 3.38 4.00 13.5
S05321418 4037 NEAGLE RD 22.00 4.00 88.0
805324278 2800 E JASMINE LN 5.00 4.00 20.0
S05322125 2205 E MCMILLAN RD 60.32 4.00 241.3
R45825304 2610 E JASMINE LN 8.20 4.00 32.8
S05324388 2742 E U8TICK RD 1.67 4.00 6.7
805321421 4145 NEAGLE RD 5.00 4.00 20.0
S05321420 E JASMINE LN 1.19 4.00 4.8
S05321420 E JASMmE LN 7.26 4.00 29.0
S053213 12 4297 NEAGLE RD 25.51 4.00 102.0
S05321312 E MCMILLAN RD 10.00 4.00 40.0
S05321312 E MCMILLAN RD 10.00 4.00 40.0
Tbursday, June 03, 2004 Page 1 of2
Class PARCE ADDRESS ACRES ERU/Acre ERUs
S05324174 NEAGLE RD 5.21 4.00 20.8
Summary for 'Class' = MDR (23 detail records)
Sum 255.96 1,023.8
MU
S05324490 3445 NEAGLE RD 28.05 1.14 32.0
S05333361 3420 NEAGLE RD 16.44 U4 18.7
305333360 3580 E USllCK RD 20.00 1.14 22.8
S05324492 3160 E USTICK RD 13.19 1.14 15.0
S05324493 2820 E USTICK RD 1.50 1.14 1.7
SummllI}' for 'Class' = MU (5 detail records)
Sum 79.18 90.3
Grand Total 384.48 1,212.8
Thursday, June 03, 2004
Page 2 of2
REIMBURSEMENT BASIS:
Assume payback period often years and an overall growth rate of 50%
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per ERU =
$ 44.23
50%
=
$88,45
ADMINISTRATIVE FEE:
An administrative fee will be added to the latecomer fee to cover costs to the 5%
Latecomer Fee w/ City Administration Cost:
$88.45 x 5% = $92.87
REIMBURSEMENT SCHEDULE:
The Developer paid the costs of installing the water line. The Late
Comer fee paid by each parcel, or portion thereof, who connects to the
subject water line will be paid per the above agreement.
The fees assessed to each latecomer shall be adjusted annually on
October 1st, at an annual percentage rate of 6%
The latecomer fees shall be:
Effective Date Latecomer Fee per ERU
October 1, 2003 $92.87
October 1, 2004 $98.45
October 1, 2005 $104.35
October 1, 2006 $110.61
October 1,2007 $117.25
October 1, 2008 $124.29
October 1,2009 $131.74
October 1,2010 $139.65
October 1, 2011 $148.03
October 1, 2012 $156.91
Table I
i
\.
June 3, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8, 2004
ITEM NO.
REQUEST Broker Recommendation
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:
SElTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
rrfrr('9~
()vT r .
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the ClIy of Meridian.
INTEROFFICE MEMO
TO:
Tammy deWeerd
~p /CITYOF .'
~Leridia:n
DATE:
June 3, 2004
FROM:
Pauline Skeggs
Human Resources
RE:
Tammy,
Broker Recommendation
Attached is a memo that the benefits committee signed recommending Marsh as the
broker ofrecord. You will need to get it signed and have it put on the council agenda.
After City Council approves the City will need to send out a letter to all of the benefits
carriers naming Marsh as the new broker. We will also need to have Marsh sign the
contract service agreement.
I am going to ask Janice to take charge of the benefits committee and the renewal process
until a new director is hired or until Nancy gets more familiar with the benefits.
If you have any questions, please stop by and see me.
INTEROFFICE MEMO
DATE:
May 28, 2004
TO:
City Council
RE:
Broker Recommendation
cc:
J
Keith Bird, Charles Rountree, William Nary, Shaun Wardle
This memo is to advise City Council of the benefits committee recommendation for broker services.
We had four organizations respond to the request for broker services (RFP). The proposals submitted
were evaluated and point rated based on the qualifications ofthe firm and key team members, overall
ability to perform the services set forth in the RFP, fees and references. Brokers were interviewed on
May 25,2004 and from the oral interviews along with the evaluation of the proposals submitted the
committee is recommending Marsh as the broker of record.
It is our recommendation that City Council consider for approval the benefit committees
recommendation.
~~-
Eric Strolberg, Police Representative
i'-5-tn/
Date
6-1-04-
Date
~-3~or
Date
sJzr / otf
Date
~Zf/IJ4-
Date
6 by hi
/ Dat'e
<; --Cl} -0 'j
Date
June-3,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayor's Office
REQUEST Mayor's Report
Department Reports
June 8, 2004
ITEM NO.
a..A-C
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:
EmaiJed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Communi
.ED Program
More than 250,000 Americans die of sudden cardiac arrest each
year, resulting in nearly one death every two minutes. That's why
St. Luke's has created a community program designed to place
Automated External Defibrillators (AEDs) in various locations
throughout the Treasure Valley so that the appropriate resources
are available when and where they are needed. To assist in this
endeavor, we intend to partner with civic leaders, local corporations
and American Heart Association training centers. Through this
cooperative effort,AEDs, heart healthy information, training and medical support will be provided free
of charge to non-profit organizations demonstrating a need.
There is currently no existing community-wide AED program in the state of Idaho, therefore this is an
outstanding opportunity for St. Luke's, its civic and corporate partners to educate the public on heart
healthy behaviors and provide a much needed community service.
OUR GOALS AND OBJECTIVES
· To launch a community-wide heart health campaign, centered around the introduction
of educational information and the placement of AEDs in strategic locations.
· To identify civic and corporate partners willing to support this community effort.
· To ensure integration and coordination of AED services/program with community emergency
response system.
· To offer community education and training to appropriate individuals/entities.
HOW YOU CAN HELP
· Participate in St. Luke's kick-off event by proclaiming your city a "HeartSafe Community:'
· Approve the placement of a free AED unit in City Hall.
· Identify a "champion" within your organization to facilitate training of staff and support of equipment.
INFORMATION ABOUT AEDs
· What is an AED? An automated external defibrillator (AED) is a device that shocks the heart to
restore a normal heartbeat after a life-threatening irregular rhythm. The AED is capable of interpreting
a person's heart rhythm and automatically delivering a defibrillation shock with minimal input from the
operator. The only knowledge required to operate an AED is to press the "ON" button. The unit
speaks to you in a computer-generated voice that guides you through the rest of the procedure.
· Who can benefit from defibrillation? There are many causes of sudden cardiac arrest, also known
as ventricular fibrillation, where the normal electrical signal that runs through the heart is interrupted
for some reason. These may include congenital defects, illness, heart attack, environmental conditions,
and physical contact, such as a sudden blow to the chest.1
· Anyone, at any age, can become a victim of sudden cardiac arrest. Ventricular fibrillation is common in
adults, but relatively uncommon in children. However, according to a scientific statement published
in Circulation: Journal of the American Heart Association Ouly 2003), they state that AEOs are "safe for
children as young as age one.
· How prevalent is sudden cardiac arrest? More than 250,000 Americans die of sudden cardiac
arrest each year, resulting in nearly one death every two minutes. Up to 50,000 of these deaths could
have been prevented if someone had initiated the four-step cardiac Chain of Survival (I. early access to
EMS, 2. early CPR, 3. early defibrillation, and 4. early advanced cardiovascular care), and if an automated
external defibrillator had been available for immediate use at the time of the emergency.2
· How important is training? Training is necessary in order to understand the role of defibrillation
in the cardiac Chain of Survival. Training in CPR and AED skills will enable the rescuer to offer
appropriate response, thereby increasing the victim's chance of survival. Emergency personnel (EMS,
police, fire) should be trained as they are often the first responders in an emergency. According to a
study in the Annals of Emergency Medicine, police generally arrive on the scene before paramedics,
therefore victims are ten times more likely to survive if the police can defibrillate them upon arrival
at the scene.
CONTACT INFORMATION
Beth T oal
Public Relations Manager
St. Luke's Regional Medical Center
190 E. Bannock St.
Boise, 10 83712
208-381-2002
toalb@slrmc.org
1 www.aedheart.com/faq.asp
2 American Red Cross 2003, www.redcross.orglservices/hss/courses/aed.html
dUb ,
....91....... Iii Sl Lukes
/~I IHeart e
Training and Service
Training and service for AEDs purchased, or donated to non-profit
organizations, by your company through the Heart Safe Community
program are provided by STAT Emergency Training Center (ETC), a >
division of STAT PADS™. STAT ETC™ is an American HeartAssociation
certified training center directed by board certified emergency
physicians. Dedicated to the highest standards of medical education,
STAT ETC provides expert instructors and a professional support staff.
Comprehensive Training
Heart Safe Community AED purchasers receive training for up to 10 staff members. Training follows
American HeartAssociation (AHA) guidelines for CPR and AED use.AIl trainers are AHA-certified.
· CPR Training and Certification: Basic Life Support (BLS) training. which includes recognizing
the signs and symptoms of stroke, heart attack, choking and cardiac arrest; CPR instruction; and
proper techniques for treating a choking victim.
· AED Training: Seamlessly integrated into the CPR training, participants learn step-by-step
use of the AED.
· Blood-Borne Pathogens Training: Provides vital information on blood-borne pathogens
and teaches proper techniques to assure safety for the responder.
Ongoing Service
As part of the STAT PADS Solution TM monthly service agreement, you will receive the following
services and training.
· Medical Control: Continued program oversight by an emergency medical physician.
· On-Site Physician Event Review and Debrieffng: Comprehensive debriefing session provided
each use of the AED.
· Electrode Replacement Provided each time the AED is used.
· On-Site Service and Replacement Assistance: In the event of any concern or problem with
the AED(s) in your facility, a replacement AED will be provided within 48 hours.
· Quarterly STAT PADS News/etter.
· Notiffcation of electrode and battery expiration dates.
· Annual CPR, AED and emergency Oxygen Refresher Course: A one-hour refresher course
provided during STAT PADS' annual visit. Includes readiness drills and review of internal
activation and response procedures.
· Bi-Annua/ CPR and AED Recertiffcation: Every two years, up to 10 staff members will be
recertified on-site.
Frequently Asked
uestions bout E s
Q. What is an AED?
A. An automated external defibrillator (AED) is a device
that shocks the heart to restore a normal heartbeat
after a life-threatening irregular rhythm. The AED is
capable of interpreting a person's heart rhythm and
automatically delivering a defibrillation shock with minimal
input from the operator. The only initial requirement of an
AED operator is to press the "ON" button. Once activated,
the unit speaks in a computer-generated voice that
guides the user through the rest of the procedure. The
user is prompted to place a set of adhesive electrode
pads on the victim's bare chest and, if necessary, to plug
the pads' connector to the AED. The AED then begins
to automatically analyze the person's ECG rhythm to
determine if a shock is required. If a shock is needed,
the AED automatically charges itself and tells the user
when to press the button to deliver the shock. Once
the shock is delivered, the AED prompts the user to
determine if normal breathing or circulation has returned;
otherwise, the user will be reminded to start CPRI.
Q. Who can benefit from defibrillation?
A. There are many causes of sudden cardiac arrest,
also known as ventricular fibrillation, where the normal
electrical signal;,' \t runs through the heart is interrupted
,
for some reasorl; rhese may include congenital defects,
illness, heart attack, environmental conditions, and
physical contact, such as a sudden blow to the chest.2
Anyone, at any age, can become a victim of sudden cardiac
arrest.A scientific statement published in Circulation:
Journal of the American HeartAssociation Ouly 2003), states
that AEDs are "safe for children as young as age one."
Q. How prevalent is sudden cardiac arrest?
A. More than 250,000 Americans die of sudden cardiac
arrest each year, resulting in nearly one death every two
minutes, Up to 50,000 of these deaths could have been
prevented if someone had initiated the four-step cardiac
Chain of Survival: I. early access to EMS; 2. early CPR; 3.
early defibrillation; and 4. early advanced cardiovascular
care; and if an AED had been available for immediate use
at the time of the emergency3.
Q. How important is AED training?
A. Training is necessary in order to understand the role
of defibrillation in the cardiac Chain of Survival. Training
in CPR and AED skills enables the rescuer to offer
appropriate response, thereby increasing the victim's
chance of survival.
When your company becomes a Heart Safe partner
through purchase of AEDs for use in your facility,AED
training and support will be provided.
Q. How are AED sponsors recognized?
A. The AEDs provided through the Heart Safe
Community program are wall units surrounded by
signage that provides information on heart attack
symptoms. The signage also includes sponsorship
designation. (See page _ for an artistic rendering.)
Q. We want to be part of St. Luk.e's Heart
Safe Community. How do we get involved?
A. For purchase and/or sponsorship information, call
STATPADS at I ~866-STATPADS (866-782-8723) or via
email atwww.statpads.com.
1 www.emedicinehealth.com
2 www.aedheart.comlfaq.asp
3 American Red Cross 2003, www.redcross.orglservices/hss/
courses/aed.html
Frequently sked
uestions About
E
s
Q. What is an AED?
A. An automated external defibrillator (AED) is a device
that shocks the heart to restore a normal heartbeat
after a life-threatening irregular rhythm. The AED is
capable of interpreting a person's heart rhythm and
automatically delivering a defibrillation shock with minimal
input from the operator. The only initial requirement of an
AED operator is to press the "ON" button. Once activated,
the unit speaks in a computer-generated voice that
guides the user through the rest of the procedure. The
user is prompted to place a set of adhesive electrode
pads on the victim's bare chest and, if necessary, to plug
the pads' connector to the AED. The AED then begins
to automatically analyze the person's ECG rhythm to
determine if a shock is required. If a shock is needed,
the AED automatically charges itself and tells the user
when to press the button to deliver the shock. Once
the shock is delivered, the AED prompts the user to
determine if normal breathing or circulation has returned;
otherwise, the user will be reminded to start CPR 1.
Q. Who can benefit from defibrillation?
A. There are many causes of sudden cardiac arrest,
also known as ventricular fibrillation, where the normal
electrical signal( ~t runs through the heart is interrupted
for some reason. rhese may include congenital defects,
illness, heart attack, environmental conditions, and
physical contact, such as a sudden blow to ,the chest.2
Anyone, at any age, can become a victim of -sudden cardiac
arrest. A scientific statement published in Circulation:
Journal of the American Heart Association Ouly 2003), states
that AEDs are "safe for children as young as age one:'
Q. How prevalent is sudden cardiac arrest?
A. More than 250,000 Americans die of sudden cardiac
arrest each year, resulting in nearly one death every two
minutes. Up to 50,000 of these deaths could have been
prevented if someone had initiated the four-step cardiac
Chain of Survival: I. early access to EMS; 2. early CPR; 3.
early defibrillation; and 4. early advanced cardiovascular
care; and if an AED had been available for immediate use
at the time of the emergency3.
Q. How important is AED training?
A. Training is necessary in order to understand the role
of defibrillation in the cardiac Chain of Survival. Training
in CPR and AED skills enables the rescuer to offer
appropriate response, thereby increasing the victim's
chance of survival.
When your company becomes a Heart Safe partner
through purchase of AEDs for use in your facility,AED
training and support will be provided.
Q. How are AED sponsors recognized?
A. The AEDs provided through the Heart Safe
Community program are wall units surrounded by
signage that provides information on heart attack
symptoms. The signage also includes sponsorship
designation. (See page _ for an artistic rendering.)
Q. We want to be part of St. Luke's Heart
Safe Community. How do we get involved?
A. For purchase and/or sponsorship information, call
STATPADS at 1-866-STATPADS (866-782-8723) or via
emafl at www.statpads.com.
1 www.emedicinehealth.com
2 www.aedheart.comlfaq.asp
3 American Red Cross 2003, www.redcross.orglservices/hss/
courses/aed.html
/
** TX RMAT JON REPORT ** AS OF JUN es '04', 44 PAGE. 01
CITY OF MERIDIAN
DFlTE TIME TO/FROM MODE MIWSEC PGS CMDlI STATUS
01 06,09 08:53 PUBLIC WORKS EC--S 01'32" 005 223 OK
02 06,09 00: 55 12084664405 EC--S 131'34" 005 223 OK
03 06/09 08:58 884115S EC--S 01'33" 005 223 OK
e4 06<'09 09:00 20800413744 EC--5 01'31" 0135 223 OK
135 06,00 09: 02 POll CE DEPT EC--S 01'33" OOS 223 OK
06 06,09 09:134 8985501 EC--S 01 ' 31" 005 223 OK
137 06,09 a9;06 LIBRARY EC--S 02'1112" 005 223 OK
08 06,09 09:00 92083776449 EC--S 01'32" 005 223 OK
09 06,09 09: 10 208 300 6924 EC--S 132'131" 1305 223 OK
10 06,00 09: 13 2080086854 EC--S 01'31" 005 223 OK
11 06,09 e9: 15 200 89S 03913 EC--S al'33" 005 223 OK
12 06,0909:17 208 387 6393 EC--S 01'47" OOS 223 OK
13 06,13909;19 ADA CTY DEVELMT EC--S 131'32" OOS 223 OK
14 06,139 09:21 80051352 EC--S 01'32" B05 223 OK
15 06,09 09: 23 CHERRY LANE G3--S 03'1:37" 1305 223 OK
16 06,09 09:27 IDAHO ATHLETIC C EC--S al'31" 005 223 OK
17 06""9 09:29 ID PRESS TRIBUNE EC--S 01'38" 005 223 OK
18 06,09 09' 32 2008896'71<l1 EC--S 01'32" 0135 223 OK
19 06/09 09:41 38101613 EC--5 02'39" B05 223 OK
-------------------~-------------------------------------------------~-------------------~--
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TUl!sday, Jun9 8, 2004, at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_L Shaon Wardle ;c Bill Nary
=x= Charlie Rountree X Keith Bird
-L Mayor Tammy de Weerd
2. Pledge of Allegiance: ~V-L./.ic.lti~
3. Community Invocation by Pastor Steve Moore, with Cherry Lane
Christian Church: ~S.w.fv.C.-
4. Adoption of the Agenda: "l'lrr.,;>v<d ~J' am fh>.~
5. Consent Agenda: ~o('oL<:( <:> If r'lZ dkd--
A. Approve Minutes May 11, 2004 Pre.Council Meeting: ~"'v'"'"
B. Findings of Fact and Conclusions of Law for Approval: AZ 04-
003 Request for Annexation and Zoning of 16.73 acres from RUT
to R-8 zones for proposed Javdan Villaae Subdivision by
Packard Estates. LLC - 5325 West Ustick Road; ~P''''-
C. Findings of Fact and Conclusions of Law for Approval: PP 04-
002 Request for Preliminary Plat approval of 75 residential building
lots and 8 common lots on 16.73 acres in a proposed R-8 zone for
proposed Javdan VillanI! SubdivisIon by Packard Estates, LLC-
5325 West Ustick Road: tll-fP(V~
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-0t)4 Request for a Conditional Use Permit for a Planned
Development with request for reduction to the minimum
requirements for lot size, street frontage, and front yard setbacks
for side entry garages for proposed Javdan Village Subdivision
by Packard Estates,lLC - 5325 West Ustick Road: dtpJ1Y'<>1fVl-
E. Findings of Fact and Conclusions of Law for Approval; AZ 04-
004 Request for annexation ami zoning of 34.6 acres from RUT to
M..;di""CityC.ouneH Agonda-Jund,20ill I'.~.I uf4
AU Im1a11lib: flTCSe,llfd ~[publl~ m~t~n~ mall be.::om.e-prup=rty ofch,:: Clry" ot'Mtridb.n.
An.YQnt oomn@ ill;:'r:.omrnod.arion for dlSil:bi'ltti~ re:Lue.d to dOCl)ln.e.rus ~tlIor hcantlc;
plt:'.u:C"~lJnb..<< tM.CiiY C[etk':j, Office;)1 A~~"'4J3 a' le;ast 48 ht.'l~ prier r.n the-publ..; mb:tinc.
(
** TX CONFIRMATION REPORT **
AS OF JUN 07 '04 10:26 PAGE. 01
CITY OF MERIDIAN
DATE Tl ME
03 06/07 10:26 Fax
TO/FROM
MODE MIN/SEC PGS CMD~ STATUS
G3--S 00' 24" 001 197 OK
--~----------------------------------------------------------------------------~------------
CITY OF MERIDIAN
PRE..cOUNCIL MEETING
AGENDA
Tuesday, June 8, 2004 at 6:00 p.rn.
City Council Chambers
1. RolI~call Attendance;
Shaun Wardle _ Bill Nary
Charlie Rountree Keith Bird
- _ Mayor -=rammy de Weerd
2. Adoption of the Agenda:
3. Discussion of O~9n Buminq Amended Or~Unance:
('"'0 minutes)
4. Discussion of Fireworks Amended Ordinance:
(*10 minutes)
S. Every 15 minutes Tape:
(II 20 minutes)
6. Valley Ride - Kelly Fal"ess:
(1120 minutes)
* Approximate allowable time set for agenda Item may change depending on
disClLIssion. Please use the designated minutes as a guideline only.
MeridIan City Pill-Council Agllllda- June S, 2004 Paga1 of 1
All mlllllflala preflenlBd al public lIl8etingo ahal! !>acorn. prop_rty m 1119 City of MerldJan.
Anyone deslrfng lloocmmOlllllllln for 12foablmlO1l rol:alod to dOC\IITIlflm lInlllor h!l2lrlllgfl
plll_ contDct lJ1e Cl!y Clerk'a Offlc& at. 88~3 alledZt 46llours prlorlO fhe public meefJng.
J une- 3r 2004
MERIDIAN CITY COUNCIL MEETING June 8r 2004
APPLICANT ITEM NO. a
REQUEST Public Hearing - Idaho Communiiy Development Block Grant for Louisiana Pacific
AGENCY
COMMENTS
S~'C oJ:\~J
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 sholl become properly of the City of Meridian.
RECEIVED
JUN 0 4 2004
Public Hearing
Idaho Community Development Block Grant
City of Meridian
Tuesday June 8t 2004 7:00 p.m.
City Of Meridian
City Clerk Office
THE PURPOSE of this public hearing is to aUow the citizens of Meridian to have input on the
development of Idaho Department of Commerce Community Development Block Grant
applications - In accordance with the Meridian Citizen Participation Plan.
EXPLANATION OF PROGRAM
X The Community Development Block Grant Program (CDBG) was enacted by the
Community Development Act of 1974 which authorized H.D.D. to operate the program.
This is a Federal program that distributes funds to Idaho cities and counties directly
through the Idaho Department of Commerce and Labor.
X Cities and Counties are the only eligible applicants to this program.
X Grant dollars available to the State of Idaho this year are approximately $5,000,000 in
Public Improvement Grant funding for Business Assistance where a national objective to
seNe a low-to-moderate income (LMI) population is met.
X This application meets a national CDBG program objective through the creation of a
minimum of 39 new positions of which not less than 51% will be held by individuals
meeting LMI criteria.
X The grant application deadline is June 21,2004.
X The application handbook is available for review as well as on the Department of
Commerce web site.
PROJECT DESCRIPTION
The City of Meridian is proposing a project which will provide public electrical power
infrastructure improvements to assist the Louisiana Pacific Corporation's Meridian LP Polymer
Plant in a planned $14.6 million expansion. The expansion will create a minimum of 39 new
manufacturing positions of which a minimum of 51 % will be held by individuals meeting Ll\1I
criteria. Subject to available funding the project will consist of the following:
CI Construct a lOMW utility feeder line from the Idaho Power Meridian Substation to the
LP Polymer plant located at 420 W Franklin Road, Meridian.
CI Provide upgrade improvements to the Meridian Substation required for provision of the
proposed utility service expansion.
COST ESTIMATES
Costs estimates are provided by Idaho Power. Idaho Power will retain 10% of line capacity to
service existing loads. The project would be charged 90% of construction costs.
Total PROJECT COSTS are currently estimated at $405,022. These figures are estimates
only.
Planning and Administrative Costs: $20,900
· Administration (10% of grant)
$ 20,900
Construction: $384,122
· Infrastructure Improvements committed by LP Polymer
· Substation Cost estimate 16,220 x.9 =
lIiI New Feeder Cost estimate 186,248 x.9:=
III ACHD Permits 2,205 x .9 =
· Engineering
Project Total
$ 195,596
$ 14,598
$ 167,623
$ 1,985
$ 4.320
$ 405,022
Total SOURCES OF FUNDING are cun-ently estimated at $405,022. Private cash amount
has been committed to the project by Louisiana Pacific.
Total
$ 209,426
$ 195,596
$ 405,022
· ICDBG Grant
· Private (Cash)
The draft application document is available for review until Tuesday, June 15,2004 at 5:00 pm.
The draft application will be available at City Hall during regular business hours of 9 am -
5:00pm. Comments regarding the project should be made in writing, for the next 5 days.
Following satisfactory resolution of any comments or questions, the hearing will be closed. We
ask that you send your comments directly to the attention of Ms. Leslie Toombs at Sage
Community Resources at 10624 W. Executive Dr., Boise, ID 83713 or fax them to her attention
at: (208) 322-3569.
Public testimony will be taken at this time.
This hearing remains open for written comments until Tuesday, June 15, 2004 at 5:00 pm.
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will
hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho,
at 7:00 p.m. on Tuesday, June 8, 2004, for the purpose of considering applying for an
Idaho Community Development Block Grant in the approximate amount of $500,000.
These funds would be utilized for public infrastructure improvements for a business
expansion project for Louisiana Pacific.
The hearing will include a review of the following items:
1. How the need for the proposed activities were developed.
2. How the proposed activities will be funded and sources of funds.
3. Date application is submitted.
4. Requested amount of ICDBG funds.
5. Estimated portion of the ICDBG funds requested that would benefit
persons of low and moderate income.
6. Where the proposed activities will be conducted.
7. Plans to minimize displacement of persons and businesses as a result
of funded activities.
8. Plans to assist persons actually displaced, and
9. The nature of the proposed activities.
The funds are authorized by the Department of Housing and Urban Development
Act of 1974. A copy of the application and application handbook is available for review
at the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho
during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
Any and all interest persons shall be heard at said pUblic hearing, and the public is
welcome and invited to submit testimony. Oral testimony may be limited to three (3)
minutes per person. Written materials and comments may be submitted and accepted
up to five (5) days after the initial hearing. All materials presented at public meetings
shall become property of the City of Meridian.
The public hearing will be held in a facility accessible to persons with disabilities.
Anyone desiring accommodation for disabilities related to documents and I or hearings,
please contact the City Clerk's office at 888-4433 at least 48 hours prior to the public
hearing. \\\\llllllJl/lll
\\\\ Mill
,....\' ~I Of EFt//'> /1""..-
" :<.. '\ '-'l,., '/
.::-" c} ~PO~ A - 11,; ..../~
.::- CP ''''i~ --
2 ~ 0 s
~ -
- -
- -
Dated this 17th day of May, 2004.
~~
WILLIAM G. BERG,
-
-
PUBLISH 24th and 31st of May, 2004
Public Hearing
Idaho Community Development Block Grant
City of Meridian
Tuesday June 8,20047:00 p.m.
THE PURPOSE of this public hearing is to allow the citizens of Meridian to have input on the
development of Idaho Department of Commerce Community Development Block Grant
applications - In accordance with the Meridian Citizen Participation Plan.
EXPLANATION OF PROGRAM
X The Community Development Block Grant Program (CDBG) was enacted by the
Community Development Act of 1974 which authorized H.D.D. to operate the program.
This is a Federal program that distributes funds to Idaho cities and counties directly
through the Idaho Department of Commerce and Labor.
X Cities and Counties are the only eligible applicants to tllls program.
X Grant dollars available to tlle State of Idaho this year are approximately $5,000,000 in
Public Improvement Grant funding for Business Assistance where a national objective to
serve a low-to-moderate income (LMI) population is met.
X This application meets a national CDBG program objective tlrrough the creation of a
minimum of 39 new positions of which not less than 51% will be held by individuals
meeting LMI criteria.
X rnle grant application deadline is June 21, 2004.
X The application handbook is available for review as well as on the Department of
Commerce website.
PROTECf DESCRIPTION
The City of Meridian is proposing a project which will provide public electrical power
infrastructure improvements to assist the Louisiana Pacific Corporation's Meridian LP Polymer
Plant in a planned $14.6 million expansion. The expansion will create a minimum of 39 new
manufacturing positions of which a minimum of 51% will be held by individuals meeting LMI
criteria. Subject to available funding the project will consist of the following.
o Construct a 10MW utility feeder line from the Idaho Power Meridian Substation to the LP
Polymer plant located at 420 W Franklin Road, Meridian.
Cl Provide upgrade improvements to the Meridian Substation required for provision of the
proposed utility service expansion.
COST ESTIMATES
Costs estimates are provided by Idaho Power. Idaho Power will retain 10% of line capacity to
service existing loads. The project would be charged 90% of construction costs.
Total PROJECT COSTS are currently estimated at $405,022. These figures are estimates only.
Planning and Administrative Costs: $20,900
· Administration (10% of grant)
$ 20,900
Construction: $384,122
· Infrastructure Improvements committed by LP Polymer
· Substation Cost estimate 16,220 x .9 =
· New Feeder Cost estimate 186,248 x .9 =
· ACHD Permits 2,205 x .9 =
· Engineering
Project Total
$ 195,596
$ 14,598
$ 167,623
$ 1,985
$ 4.320
$ 405,022
Total SOURCES OF FUNDING are currently estimated at $405,022. Private cash amount has
been committed to the project by Louisiana Pacific.
· ICDBG Grant
· Private (Cash)
Total
$ 209,426
$ 195,596
$ 405,022
The draft application document is available for review until Tuesday, June 15, 2004 at 5:00 pm,
The draft application will be available at City Hall during regular business hours of 9 am - 5:00pm,
Comments regarding the project should be made in writing, for the next 5 days. Following
satisfactory resolution of any comments or questions, tlle hearing will be closed. We ask that you
send your comments directly to dIe attention of Ms. Leslie Toombs at Sage Community Resources
at 10624 W. Executive Dr., Boise, ID 83713 or fax them to her attention at: (208) 322-3569.
Public testimony will be taken at this time.
TIris hearing remains open for written comments until Tuesday, June 15, 2004 at 5:00 pm.
"
CITY OF MERIDIAN
PUBLIC HEARING
SIGN..UP SHEET
DATE 6-- 8-04-
ITEM # 12-
PROJECT NUMBER Ida~o COh't h"l U7'l;~ /d.evdotrJ..-en-t
PROJECT NAME j3/&cL:.- 6rplni.- hY Low/salteL P/LC/h0
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
r p<;\\e -1 Nh^^"h~ V
~ ._~ -- --- ..
j:'tj:!jL;J2JL V ~U
JUN - 8 2004
CITY OF MERIL idJ.\T
(
June-l 1, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 15, 2004
ITEM NO.
/1
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:
if(/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the CIty of Meridian.
RECEIVED
. JUN 1 5 200lt
DELINQUENCY FOR TURN
OFF SCHEDULED FOR
June 16, 2004
CYCLE 1
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, June 15, 2004, 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 June 16,2004 unless
payment is received in full. Is there anyone present who
wishes to contest his or her water, sewer and trash
delinquency?
(No response:)- -',~/f
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The
amount of the turn-off list is $24,237.70
i
CITY OF MERIDIAN Delinq uent Account List- council Page: 1
Standard Payment Customers Jun 15, 2004 04:41pm
Current Period: 06/20/2004
No Delinquent Minimum AmountDelinquent Balance
Report Criteria:
Terminated customers not included
Customer.Cust No 0;;; {<:} 880000001
Customer.BiII Cycle;;; 1
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/20/2004 03/20/2004 02/20/2004 Date Amount
32.55.1560.1 101 ENTERPRISES 683.80 548.41 135.39
37.37.3002.1 2 MAC CONS CONSTRUCTION 6.96 3.48 3.48
22.51.4280.1 A.J.J. ENTERPRISES 221.28 108.76 108.76 3.76 OS/25/2004 108.76 -
20.46.0132.2 ABBOTT. ROBERT 50.12 32.52 17.60 OS/27/2004 31.00 -
24.04.1904.1 ABBOTT, SCOTT 158.54 62.72 95.66 .16 04/21/2004 144.00 -
24.04.0868.2 ABLE, MICHAEL 98.44 48.24 50.20 05/17/2004 50.20 -
30.74.1508.2 ACHD 36.18 18.58 17.60 05/10/2004 17.60 -
30.74.2668.1 ADAMS, CATHY 132.10 70.46 61.64 05/18/2004 65.24 -
30.74.3602.2 ADAMS, CYNTHIA 112.04 47.10 64.94 05/18/2004 136.18-
30.74.3236.1 ADAMS, MICHAEL & MARY 119.36 58.70 60.66 04/30/2004 61.48 -
23.02.2714.3 ADAMS, ROY & STACY 314.94 314.94 07/28/2003 70.46 -
23.02.0428.2 ADLER, J & SMITH, T 79.38 61.24 18.14 OS/24/2004 60.00 -
31.52.6492.1 ADVANCED PERCISION MACHI~ 184.10 90.17 93.93 04/20/2004 86.41 -
35.35.0190.2 AHEARN, THOMAS 84.90 41.96 42.94 05/12/2004 84.08 -
20.46.4602.1 ALBERTSONS 2,708.06 1,457.15 1,250.91 04/28/2004 1,194.51 -
20.46.4612.1 ALBERTSONS WHOLESALE 652.66 492.17 160.49 05/19/2004 115.37 -
22.50.0244.1 ALGER, BRENT 75.42 37.22 38.20 05/14/2004 32.70 -
37.37.3902.1 AMERICAN DREAM HOMES & 01 18.30 17.60 .70 04/13/2004 15.98 -
23.02.0860.1 ANDERSON,DEAN 61.46 40.16 21.30 05/10/2004 60.00 -
23.02.0888.1 ANDERSON,DEAN 95.14 34.60 31.66 28.88 03/17/2004 65.28 -
30.74.1026.1 ANDERSON,DOUGLAS 99.19 36.56 62.63 05/1112004 32.64 -
30.74.2432.2 ANDREWS, MICHAEL 64.00 46.92 17.08 05/13/2004 70.00 -
36.68.0310.1 ANJEWIERDEN, PAUL 115.36 42.68 72.68 04/21/2004 77.84 -
30.74.2938.5 ASSETPRESERVATONINC 77.62 37.06 40.56 01121/2004 81.86 -
22.51.3370.1 ATWOOD, CINDI 46.04 41.30 4.74 04/28/2004 72.80 -
23.01.1040.2 AZEVEDO, JOE & HEATHER 58.85 33.62 25.23 04/16/2004 19.53 -
24.04.1290.3 BACON,THOMAS & JANIS 126.98 46.44 62.94 17.60
24.04.1988.3 BALDOCCHI EUGENE & INES 96.28 69.90 26.38 05/14/2004 70.88 -
21.21.9042.2 BARNACK, BILLIE 98.87 40.29 40.98 17.60
25.25.0104.2 BARNES, GREG & JASMINE 76.15 61.14 15.01 05/1 7/2004 46.44 -
22.50.1352.3 BAXTER, CRAIG 58.50 56.54 1.96 04/1512004 72.80 -
24.04.2010.7 BELAIR, DENNIS 84.06 44.40 39.66 04/08/2004 65.28 -
35.35.0120.2 BENJAMIN, NATHAN 48.42 45.72 2.70 05/18/2004 44.00 -
37.37.3244.2 BENSON. ANTHONY & JULIE 41.24 41.14 .10 05/17/2004 43.00 -
36.68.0312.2 BENSON. JR. DARRYL 106.28 52.16 54.12 05/03/2004 53.96 -
36.69.0270.1 BEZEMER, LAWRENCE 41.80 38.20 3.60 05/13/2004 41.30 -
30.74.1478.3 BIG BEAVER PROPERTIES, L.L.1 446.30 225.03 221.27 04/28/2004 217.51 -
21.21.9046.1 BIG RIVER 50.62 24.27 26.35 04115/2004 11.31 -
30.74.2724.1 BISHOP, CALVIN 67.06 52.32 14.74 05/18/2004 65.00 -
24.04.1834.1 BITONI, MARK 76.20 57.22 18.98 05/11/2004 77.00 -
23.02.1580.2 BLESSENGER, RONNIE & HAZE 58.74 28.88 29.86 04/28/2004 28.88 -
23.02.0902.1 BLOOMER, BRAD 71.82 35.42 36.40 04/15/2004 32.64 -
24.04.0536.8 BOBKO, RAYMOND 138.90 53.96 84.94 04/27/2004 53.96 -
30.74.2332.2 BOBKO, RAYMOND 97.52 49.22 48.30 05/17/2004 45.00 -
22.50.1726.2 BOESIGER. MAX 71.86 71.84 .02 OS/21/2004 120.00 -
22.51.3020.1 BOISE BASIN ELECTRIC 63.54 59.78 3.76 05112/2004 108.28 -
23.02.1800.2 BOlTON,TERESA 133.52 86.66 46.86 05/19/2004 40.16 -
37.75.0120.1 BOONDOCKS FUN CENTER 1,517.98 1,494.65 23.33 05/18/2004 936.40 -
30.30.6098.1 BORUP CONSTRUCTION 45.92 21.36 17.60 3.48 3.48
46.46.7090.1 BORUP CONSTRUCTION 20.00 3.48 3.48 13.04
... in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account list- council Page: 2
Standard Payment Customers Jun 15, 2004 04:41pm
Current Period: 06120/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/20/2004 03/2012004 02/20/2004 Date Amount
46.46.7086.1 BORUP CONSTRUCTION 38.96 21.36 17.60 0411912004 22.28 -
37.37.5028.1 BORUP CONSTRUCTION 6.96 3.48 3.48
46.46.6316.1 BORUP CONSTRUCTION 45.92 21.36 17.60 3.48 3.48
46.46.7088.1 BORUP CONSTRUCTION 61.52 28.88 32.64 04/19/2004 11.00 -
30.74.3256.2 BRADY,MARK 58.59 42.52 16.07 04/29/2004 20.00 -
25.05.0312.1 BRASFIELD, WILLIAM B. 80.13 80.10 .03 05/11/2004 127.83 -
22.50.2194.2 BRAUN, STEPHANIE 66.14 36.28 29.86 05117/2004 54.00 -
37.37.2966.1 BREGY HOMES 103.30 40.16 40.16 18.52 4.46
23.01.0800.1 BREWER, SID & SHELLY 116.68 33.62 62.64 22.42 04/21/2004 51.36 -
23.02.3370.4 BRIGGS, TERI 94.18 50.78 43.40 05/0312004 120.00 -
23.02.3712.2 BRINEGAR, E.E. 104.00 52.98 51.02 05/13/2004 48.32 -
22.50.2434.1 BROWN. BRIAN 62.68 57.76 4.92 05/13/2004 91.00 -
36.69.0574.1 BROWN, JAMES & SHERRY 111.26 66.30 44.96 05/18/2004 40.00 -
30.74.3810.1 BROWN. ROBERT 76.86 37.94 38.92 04/29/2004 46.44 .
20.46.0344.2 BULLEN, TAMI 56.04 52.04 4.00 05118/2004 42.60 .
23.02.6050.2 BURCH, L1DIE 70.12 45.55 24.57 04/1412004 24.55 -
37.37.3940.2 BURKE, NANCY & ANDY 67.46 53.24 14.22 04/2112004 51 .44 .
22.50.4008.2 BURNHAM, DARLA 175.32 170.68 4.44 04/02/2004 77.68.
36.65.3162.3 BURNS, E. GALE & ELAINE 103.79 57.56 46.23 OS/25/2004 40.00 .
36.68.0232.2 BYINGTON, ALEX & HEIDI 52.12 48.66 3.46 OS/26/2004 45.00 .
24.04.1392.1 BYINGTON, DARREN 63.42 56.56 6.86 05127/2004 38.92 .
24.03.0832.3 BYRUM,DARYL 123.42 59.26 64.16 0610112004 60.24 -
22.50.0728.1 C.F.1. INVESTMENTS 98.14 53.06 44.24 .84 0511112004 45.00.
20.46.0366.1 CADY, ALICIA 100.60 51.06 49.54 05117/2004 42.68 .
23.02.4590.1 CARNAHAN. JOHN 65.88 32.94 32.94 05/0512004 30.16 .
36.69.1122.2 CARTER, J.R. 103.12 53.96 49.16 05/16/2004 55.00 .
22.50.2108.1 CASELLA, GARY 276.46 220.52 55.94 04/22/2004 79.12 -
22.50.0310.2 CASS, BRUCE C 117.90 47.42 70.48 04/22/2004 80.00 -
22.51.0286.2 CATES, JEFFRY 33.24 24.14 9.10 05/11/2004 21.36 -
36.68.0344.1 CHADWICK, BRUCE 38.92 35.16 3.76 05104/2004 66.56 -
23.23.3000.2 CHANDLER, JASON & TABBUTT 86.50 49.54 36.96 05112/2004 42.68 -
30.74.2850.1 CHEESBROUGH, JAMES G. 47.42 41.70 5.72 06107/2004 38.92 -
23.02.4700.2 CHENEY, STEVEN 115.88 71.96 43.92 05/19/2004 60.54 -
23.23.3024.1 CHRISTENSEN, DWAYNE 103.58 86.66 16.92 05/19/2004 75.00 -
22.51.1174.2 CHRISTIANSON, ARTHUR & COI 41.42 18.83 22.59 OS/25/2004 22.59 -
22.51.1170.2 CHRISTIANSON, ARTHUR & COt 22.62 11.31 11.31 OS/25/2004 11.31 -
22.51.1168.3 CHRISTIANSON, ARTHUR & COI 15.10 7.55 7.55 04/16/2004 15.10 -
22.50.1350.1 CHURCH OF THE FIRST BORN 209.92 110.84 99.08 0512512004 19.06.
22.51.3014.1 ClOP ENTERPRISES, L.L.C. 45.16 16.63 26.35 04/2712004 16.83.
32.32.4850.1 CITADEL BUILDERS 10.72 7.24 3.48
25.05.0766.2 CLEMENT, MICHAEL 62.18 54.04 8.14 OS/27/2004 41.00.
22.50.4570.1 CLEVENGER, TERRY 32.64 31.66 .98 04114/2004 57.76.
22.50.4478.1 COLEMAN, MICHAEL R. 30.97 30.84 .13 05127/2004 40.00 .
32.55.1600.1 COMFORT SUITES 187.75 33.59 154.16
24.04.0888.1 CONNELL,DION 181.90 77.40 104.46 .04 05118/2004 71.00 -
30.30.6018.2 CONWAY, JOHN & ELAINE 39.22 34.60 4.62 05104/2004 56.92 -
24.04.0120.2 CORONA. JUAN & ROMONA 106.68 55.04 53.64 05124/2004 60.00 .
24.04.1746.1 COSGROVE, AMY 92.54 49.70 42.84 0511812004 38.92 .
22.51.4130.1 COUNTRY GLASS 385.37 127.77 120.25 93.93 43.42 05/1812004 120.25.
24.04.1828.2 CRAMER, JAC & SHEILA 46.86 45.88 .98
24.03.0856.2 CRAWFORD, GALEN 116.16 52.38 32.38 31.40 03/22/2004 27.64 -
29.07.1064.1 CRESTWOOD CONSTRUCTION 38.96 21.36 17.60 05/18/2004 7.24 -
20.46.0282.2 CROW, STEVEN 31.66 30.56 1.10 04/22/2004 50.12 -
20.46.0120.2 CUSLIDGE, JOSEPH 110.60 57.04 53.56 04/19/2004 106.64 -
23.02.0910.1 DAILEY, DON 42.95 36.40 6.55 05/18/2004 28.83.
... in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 3
Standard Payment Customers Jun 15, 2004 04:41pm
Current Period: 06/20/2004
No Delinquent Minimum AmountDelinquent Balance
Last pmt Last Pmt
Cust No Name Balance Non-Delinq 04/20/2004 03/20/2004 02/20/2004 Date Amount
22.50.0284.3 DALE, MARK 69.42 52.68 16.74 02/23/2004 120.00 -
22.50.3852.2 D'AMICO, JENNIFER 74.96 45.10 29.86 OS/21/2004 25.12 -
22.50.4574.3 DAROSA, JOE 132.80 66.40 66.40 05/19/2004 36.40 -
23.02.6660.1 DAVIS, SUSAN 58.08 29.04 29.04 05/13/2004 50.24 -
22.50.0288.6 DAWSON, CAROL 107.00 66.02 40.98
36.69.1356.2 DEBENHAM, BRETT 108.88 54.44 54.44 04/30/2004 35.16 -
22.51.2630.1 DELSMAN, JOHN 82.37 78.89 3.48 05/18/2004 90.17 -
24.03.0074.1 DICKSON, JANET 47.92 38.92 9.00 OS/21/2004 30.90 -
30.30.5010.1 DLB 51.86 28.88 18.52 4.46
30.30.5002.1 DLB 14.80 9.36 5.44
30.30.5012.1 DLB LLC 72.52 28.88 36.40 7.24 04/12/2004 3.48-
30.30.5006.1 DLB LLC 76.28 32.64 2B.BB 14.76 04/12/2004 3.48-
30.74.2944.2 DOHSE, ROGER 98.70 44.48 47.42 6.80 05/18/2004 30.00 -
24.04.1554.1 DOLL, THOMAS 129.02 67.94 61.08 03/29/2004 51.44 -
24.04.2346.1 DOMINO'S PIZZA INC. 362.96 177. 72 185.24 04/21/2004 200.28 -
24.03.0830.1 DONLON, KATHRYN 57.10 28.06 29.04 04/20/2004 54.00 -
30.74.1062.1 DOTY, PAULINE & RON 126.80 41.41 70.43 14.96 04/27/2004 50.00 .
23.02.6970.1 DULHANTY. TAMARA 165.68 82.80 82.88 04/21/2004 135.00 -
32.32.4224.1 DUMMAR, ANDREW & JENNIFEF 186.98 95.94 91.04 05/17/2004 51.48 -
24.04.1958.1 DUPLEX, KENNETH & DONNA 150.06 79.44 70.62 OS/25/2004 57.72 -
36.68.0102.2 DURHAM, KYLE 103.84 36.76 49.54 15.54 02/23/2004 75.00 -
25.05.0172.1 EARNHART, KATHLEEN 129.74 53.30 76.44 04/21/2004 85.36 -
30.74.3784.1 EBBERS. MARIE 59.20 26.66 32.54 04127/2004 31.40 -
35.35.7834.1 EDENBROOK 33.90 11.31 22.59
34.34.6060.1 EDENBRQOK INC 21.08 17.60 3.48 04/15/2004 3.48-
35.35.7800.1 EDGE L.L.C 82.75 30.11 52.64 05/18/2004 26.35 -
36.68.0282.2 EGGLESTON, GREG & CINDY 55.68 46.86 8.82
22.50.3846.3 EILERS, NICHOLAS 99.82 50.34 41.96 7.52
22.50.2226.2 EITCHES, ROBERT 74.80 57.20 17.60 OS/27/2004 45.88 -
37.72.0101.1 ELK RUN HOMEOWNERS ASSO 26.02 26.02 02/17/2004 46.06 -
22.50.1240.4 ERHART, MILT 7.88 7.88
23.02.3464.1 ERICKSON, RICHARD 105.50 52.26 53.24 04/16/2004 84.08 -
25.05.0700.1 EVANS, ANDREW 162.78 94.96 67.82 05/12/2004 70.00 -
36.69.0244.2 EVANS, GARLAND 137.88 65.02 72.86 05/04/2004 55.42 -
22.51.3034.1 EXTERIOR BUILDING SUPPLY 582.23 575.27 6.96 05124/2004 713.75 -
24.04.1564.2 FAIRCHILD, KERI 41.04 36.30 4.74 05/11/2004 55.28 -
23.02.4210.1 FELT, CAROLE ESTATE 46.52 23.75 22.77 04/29/2004 24.57 -
20.46.0212.1 FINLAYSON, CRAIG 77.99 59.56 18.43 06/1 0/2004 62.00 -
30.74.2568.2 FINLEY, JEFFREY 78.94 39.98 21.36 17.60 03/15/2004 17.60 -
23.01.1164.4 FLATEN, ROBERT 93.16 84.46 8.70 06/03/2004 80.00 -
35.35.5006.2 FLOTH, ROBERT 40.16 38.92 1.24 06/15/2004 39.00 -
29.07.0878.2 FOLWELL, RITA 85.56 39.35 46.21 05/04/2004 34.61 -
21.48.2695.1 FOOD SERVICES OF AMERICA 462.22 456.74 3.48 OS/26/2004 66.54 -
36.69.1200.1 FRANK, GREG & CAROLE 132.72 61.46 71.26 04/21/2004 27.64 -
29.57.0130.1 FRANKLIN INVESTMENT CO 635.66 631.01 4.65 06/11/2004 631.01 -
23.02.4010.3 FRED SCHIMPH 127.34 64.16 63.18 04/19/2004 67.76 -
36.68.0290.2 FREEMAN, CRAIG 94.84 45.46 49.38 05/04/2004 42.68 -
22.51.3078.3 FREEMAN. NICOLE 64.72 35.70 29.02 05/17/2004 57.00 -
22.50.3754.1 FRENCH, LAWRENCE 243.16 132.48 110.68 05/19/2004 80.00 -
35.35.3080.2 FROOM, MATTHEW 92.36 47.16 45.20 04/29/2004 45.20 -
30.74.3968.3 FUNK, TRAVIS & LAURA 93.72 44.90 48.82 04/20/2004 91.60-
36.69.0234.1 GAMBOA. PAUL 45.42 43.92 1.50 03/16/2004 85.52-
22.50.1996.2 GARCIA, CHRISSY 53.03 46.58 6.45 06/10/2004 50.00 -
22.50.0328.1 GARCIA, LOIS 28.90 28.88 .02 05/17/2004 29.84 -
20.46.0188.2 GATES, JOHN 103.14 39.78 63.36 05/18/2004 31.40 -
... in Msg column indicates no Notice is to be sent
f
CITY OF MERIDIAN Delinquent Account List. council Page: 4
Standard Payment Customers Jun 15, 2004 04:42pm
Current Period: 06/2012004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 0412012004 03/20/2004 02/20/2004 Date Amount
24.04.1430.2 GAYMON, GREG & ALISON 202.30 102.32 99.98 05f19/2004 69.00 -
23.02.0950.1 GAYTHIWAITE, RITCHIE & SUS.c 105.94 52.48 53.46 05f17/2004 42.68 -
25.05.0772.2 GEARHEARD.WADE 174.06 103.38 68.66 2.02 04f12/2004 48.18 -
30.74.3078.2 GENTSCH. NOREEN 89.54 89.44 .10 05119/2004 100.00 -
22.50.3858.2 GILL, DANIEL & DANA 114.98 59.72 55.26 04116/2004 122.86 -
23.02.2578.2 GINGRICK, KENT 87.38 48.56 38.82 05124/2004 40.00 -
30.30.6010.2 GOULD, TRAVIS & AMANDA 61.42 36.96 24.46 02/13/2004 119.34 -
37.37.3366.1 GQ CONSTRUCTION 50.66 17.60 21.36 7.24 4.46
20.47.1144.2 GRANT, JOSH 46.77 44.78 1.99 OS/25/2004 18.67 -
24.04.1146.2 GREEN LANCE & GLORIA 90.84 56.40 34.44 04/27/2004 32.64 -
22.50.2242.1 GREEN, JUDITH 120.54 63.48 57.06 04/14/2004 66.68 -
24.04.1206.1 GREEN, KEVIN 41.04 37.94 3.10 05/19/2004 70.00 -
24.04.2276.2 GROAT, OAR LA 236.45 41.54 53.30 42.68 98.93 04/1612004 102.68 -
20.47.1170.2 GROOM, RONALD & CYNTHIA 56.44 49.52 6.92 06/01/2004 40.00 -
24.03.0034.1 GROUND, JENNIFER 77.84 37.94 39.90 05/17/2004 38.92 -
36.69.0206.3 GROVES, CRAIG 76.66 68.84 7.82 04/21/2004 69.00 -
25.25.0126.2 GROW-GRAY, DANIELE 61.64 47.18 14.46 04128/2004 36.40 -
46.46.7008.1 GUARANTEED QUALITY HOME 15.18 7.24 4.46 3.48
22.50.2378.1 GUTHMILLER, BRIAN A 163.92 123.10 40.82 05/17/2004 200.00 -
24.04.1620.7 GUYMON, GREG & ALISON 80.71 80.12 .59 OS/21/2004 115.00 -
24.04.0694.2 HALL, PAMELA & GLEN 63.26 40.16 23.10 04/20/2004 60.00 -
30.74.1052.2 HAMILTON, JACQUELYN 66.26 32.64 33.62 04/27f2004 61.52 -
24.04.1790.3 HAMMER, MARCIE 131.20 36.14 66.14 28.92 05105f2004 10.00 -
23.01.0020.1 HAMMOND 00, THOMAS R 142.04 55.04 87.00 05/03f2004 31.68 -
20.46.0434.2 HAMMONS, CURTIS & CARLA 111.86 77.40 34.46 05/19/2004 70.00 -
30.74.2662.1 HANSEN, DAVID 111.36 57.64 53.72 05/1712004 36.56 -
37.72.0158.1 HARRIS. CINDI 87.14 86.96 .18 06/1012004 76.00 -
30.74.2988.2 HARRIS, MELISSA 107.46 51.28 56.18 05/1312004 43.92 -
25.05.0506.1 HART, RANDY 203.62 108.18 95.44 04/2112004 178.oe -
23.02.5900.1 HARVEY, LISA M. 81.20 60.92 20.28 OS/2412004 45.00 -
32.32.4952.3 HATCHER, BRANDY 61.96 38.36 23.60 05/1412004 50.00 -
22.50.2112.2 HAY, CHARLES & ROBERTA 86.28 51.38 34.90 05f12/2004 68.00 -
36.69.0694.2 HEATON, CHAD & HEATHER 85.42 44 .48 40.94 05f17/2004 50.00 -
24.04.0810.3 HENBEST, MATHEW W 97.32 43.92 45.88 7.52
24.04.0898.2 HERBERT, GREGORY & JANA 53.96 48.24 5.72 05f13f2004 42.68 -
35.35.0047.2 HERSLEY, SCOTT 42.32 40.16 2.16 06/09f2004 38.00 -
25.05.0220.1 HESSING, WILLIAM 235.86 110.28 125.58 04/21f2004 283.28 -
24.03.0036.2 HESTER, CHRISTINE 105.60 65.54 40.06 05/18f2004 38.92 -
24.03.0094.2 HESTER, CHRISTINE A 69.66 34.34 35.32 05/18f2004 38.92 -
36.69.2300.3 HEYDWELLER, THOMAS & BARI 95.86 72.34 23.52
22.51.0928.3 HICKEY, FA 649.41 154.14 149.24 62.64 283.39 04119/2004 62.64 -
23.02.0810.1 HICKEY, THOMAS & JANICE 56.34 50.46 5.88 OS/25/2004 51.44 -
22.51.3580.1 HIGGINBOTHAM, RON 194.60 101.20 93.36 .04 05/19/2004 66.44 -
36.36.0200.1 HIGH DESERT CONSTRUCTION 50.66 17.60 25.12 3.48 4.46
24.03.0126.1 HILL, W THOMAS 93.86 49.54 44.32 05/13/2004 43.00 -
30.30.6032.2 HINSZ. LYNETTE 56.78 27.90 28.88 05/04/2004 25.12 -
35.35.0221.2 HOALST, JODI 164.44 82.22 82.22 05f03f2004 57.72 -
25.05.0722.2 HOLLEY, ANNA 234.42 124.56 109.86 05f19/2004 47.68 -
24.03.0272.4 HOLMES, MICHAEL & LAURIE 64.29 40.88 23.41 05f18/2004 49.43 -
22.50.3840.1 HOLZHEIMER, AMY 82.20 42.82 39.38 05/18/2004 35.00 -
30.30.6128.2 HOUDE, RICHARD & CATHRYN 40.36 35.42 4.94 06108/2004 30.00 -
36.69.1276.2 HOWARD, DONALD & CAROLYN 64.44 31.24 33.20 04/2112004 35.32 -
23.01.0420.1 HOWARD, TREVIS 79.92 42.52 37.40 05/1812004 70.00 -
35.65.0704.2 HUBBARD, SCOTT & ERICA 42.94 39.18 3.76 OS/2112004 37.38 -
35.35.6032.1 HUBBLE HOMES 110.00 28.88 55.20 18.52 7.40
... in Msg column indicates no Notice is to be sent
[
CITY OF MERIDIAN Delinquent Account List- council Page: 5
Standard Payment Customers Jun 15, 2004 04:42pm
Current Period: 06/20/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/20/2004 03/20/2004 02120/2004 Date Amount
30.74.3218.3 HUBER, STEPHANIE 86.34 41.70 44.64 05/10/2004 61 .40 -
22.51.0714.2 HUMPHREYS, JOHN 70.60 27.90 29.86 12.84 04/16/2004 60.00 -
22.51.0510.4 HUNT, WESLEY 74.07 53.62 20.45 05/06/2004 48.59 -
36.69.0747.1 HUNTS BLUFF HOMEOWNERS I 28.52 9.36 19.16 03/2212004 6.42.
36.69.0749.1 HUNTS BLUFF HOMEOWNERS I 27.08 18.18 8.90 04/20/2004 50.00.
25.25.4024.2 HYMAS, AARON 96.26 61.66 34.60 OS/21/2004 32.64 -
46.46.6318.1 ICON BUILDERS 24.84 17.60 7.24 04/28/2004 5.44 -
23.02.5820.1 JACKSON, ROBERT 120.72 31.66 67.54 21.52 04/2212004 40.00 -
36.68.0046.1 JACOBSEN, JASON & LIANNA 73.26 35.16 38.10 05/13/2004 35.16 -
22.50.4506.1 JACOBSON, BETTY B. 58.74 28.88 29.86 OS/27/2004 65.28 -
30.74.3428.2 JAY, BRAD 35.22 35.16 .06 05/18/2004 40.00 -
22.51.0302.7 JEPSON, MIKE & JAMIE 73.18 36.40 36.78 OS/21/2004 37.00 -
23.01.0360.2 JOHNSON. DON 96.46 96.44 .02 05/17/2004 98.40 -
35.35.3082.2 JOHNSON. ERIC & KRASTEVA.; 57.76 27.90 29.86 04/16/2004 53.88 -
22.50.0326.1 JOHNSON. JEANNE & DALLAS 125.28 62.64 62.64 05/19/2004 32.64 -
29.07.0886.3 JOHNSON, ROGER & HOLLY 83.30 59.74 23.56 06/05/2004
24.24.4051.1 JOINT SCHOOL D]ST - TRANSPC 55.96 52.48 3.48 05/17/2004 3.48-
24.24.4052.1 JOINT SCHOOL D]ST - TRANSP{ 45.18 33.87 11.31 05/17/2004 11.31 -
24.24.4050.1 JOINT SCHOOL DISTRICT-TRAN 89.18 77.87 11.31 05/17/2004 7.55 -
36.69.1366.1 JONES, CLARENCE 120.16 57.14 63.02 04/21/2004 28.88 -
22.51.3068.6 JONES, DAVID 75.50 11.64 15.22 48.64 01/27/2004 26.50 -
20.47.1036.2 JONES, FAROL 94.26 51.32 42.94 04/21/2004 76.56 -
36.69.0580.1 JONES, FRANKLIN 126.58 80.93 45.65 0410212004 35.85 -
24.04.1138.2 JONES, NATHAN & SARAH 63.22 31.40 31.82 05/18/2004 28.00 -
22.50.2418.2 JONES, WES & CINDY 222.99 92.44 51.12 78.96 .47 OS/21/2004 40.00 -
22.50.2122.2 JONES, WES & CINDY 115.42 42.98 72.44 04/21/2004 85.28 -
24.03.0828.2 JONES, WESLEY & CYNTHIA 71.30 35.16 36.14 05/13/2004 70.32 -
35.35.0051.1 JOSLYN, MIKE J 63.32 30.68 32.64 04/16/2004 32.64 -
20.46.0840.4 JUDY. VICTOR 69.22 37.82 31.40 05/17/2004 54.68 -
24.04.1254.2 KATES, JENNIFER 128.61 29.85 52.32 46.44 04/06/2004 35.16 -
30.74.0316.1 KELLY, KENDALL B 91.10 47.84 43.26 05/17/2004 40.00 -
34.34.5014.1 KEY CONSTRUCTION 105.34 41.39 63.95
37.37.3968.2 KILLARY, SUSAN 30.64 27.64 3.00 05/13/2004 26.60 -
23.02.0426.2 KILMARTIN, E. JAMES & CAROL 78.16 42.02 36.14 05/14/2004 46.44 -
24.04.1204.2 KNIGHT. TIMOTHY 50.78 23.88 26.90 05/11/2004 100.00 -
22.51.3570.4 KNOX, JERRY & NORMA 121.62 61.58 60.04 05/17/2004 52.00 -
20.46.0852.1 KRISHNEK. JOHN 89.46 30.42 31.40 27.64 03/11/2004 31.40 -
20.46.0218.4 KUEFFLER.CLARENCE 90.66 46.58 44.08 05/18/2004 38.56 -
22.50.4642.3 KUGEL, LISA 154.62 97.62 57.00 06/09/2004 55.00 -
20.47.1006.2 LABARTUNEK, MICHELLE 111.02 60.96 50.06 05/13/2004 52.00 -
30.74.0426.1 LACY, GLORIA 76.52 37.28 39.24 04/19/2004 59.04 -
22.50.0512.2 LANDER,ANTHONY 156.06 33.10 30.16 92.80 02/23/2004 55.00 -
35.35.0152.2 LANDES. ROGER & PAMELA 148.45 59.52 88.93 OS/25/2004 100.00 -
22.50.4268.2 LANHAM, PATRICE 134.66 83.48 51.18 05/13/2004 70.32 -
23.02.0920.2 LAPUZZA, DARLENE 44.52 23.16 21.36 05/17/2004 28.06 -
23.02.4490.2 lARSON, LEIF 69.58 64.84 4.74 06/09/2004 50.00 -
20.46.0816.1 LEATHAM, JARED 63.31 54.26 29.05 05/17/2004 50.00 -
20.46.0198.2 LECHTENBERG, WILLIAM 28.20 27.94 .26 10/23/2003 40.82 -
30.30.6052.2 LEWIS. JEFF 96.84 39.02 39.D2 18.80
35.35.5015.2 LEWIS, PAUL 43.66 42.68 .98 06/01/2004 49.54 -
22.50.2130.1 LIKES. JENNIFER 75.30 72.72 2.58 06/14/2004 50.00 -
23.02.4790.2 LIKES, WILMA & CW 49.26 25.12 24.14 05/18/2004 40.48 -
29.07.0772.2 LINCOLN, CHARLES 116.88 54.52 62.36 05/1212004 56.48 -
30.30.6056.2 LINDER, MARK & CHRISTINA 61.00 40.56 20.44 05/11/2004 44.00 -
23.02.0946.2 lOEPP.CHERYL 40.88 35.16 5.72 05/05/2004 31.40 -
... in Msg column indicates no Notice is to be senl
( (
CITY OF MERIDIAN Delinquent Account List. cou neil Page: 6
Standard Payment Customers Jun 15, 2004 04:42pm
Current Period; 06f20f2004
No Delinquent Minimum AmountDelinquent Balance
Last Pml Last Pmt
Cust No Name Balance Non-Delinq 04/20f2004 03f20/2004 02/20f2004 Date Amount
37.72.0228.1 LOWERY, WILLIAM 112.16 61.96 50.20 05f14f2004 42.68 -
23.02.5510.2 LUNA, JAMES & LORI 208.74 116.13 92.61 04f19f2004 82.81 -
36.69.0434.2 LUTZ, STEVEN 171.28 75.46 49.36 46.44 04f20/2004 42.68 -
22.50.0140.1 LYNN, DEE R. 50.81 50.62 .19 06/14/2004 54.00 -
30.74.3072.1 LYTLE, CHAD & STACEY 128.76 77.42 51.34 05/19/2004 42.68 -
36.69.1556.1 MACE, JEFFREY & BERLENE 169.82 104.96 64.86 06/09/2004 75.00 -
25.25.0116.2 MACHO, MATTHEW & JENNIFEF 96.46 54.60 41.86 04f20/2004 35.16 -
30.74.3504.2 MADDOX, DALLAS 70.60 59.76 10.84 04f09/2004 125.00 -
23.02.4480.1 MADRID, JOSEPH F 124.50 47.74 76.76 04/21/2004 77.84 -
23.01.3350.1 MADSEN,LOU 94.42 49.48 44.94 05/13/2004 55.00 -
22.50.1676.4 MAHATHY, ANTHONY 87.86 50.08 37.78 05/18/2004 47.26 -
22.51.0862.2 MAHATHY, ANTHONY 79.34 40.16 39.18 05/18f2004 36.40 -
34.34.6006.1 MALLON CONSTRUCTION 10.72 7.24 3.48
30.74.2642.1 MANWARING, MARK 128.18 64.58 63.60 05f18/2004 66.57 -
22.51.0486.1 MARCH, RICHARD 189.00 84.12 82.16 22.72 05/07/2004 40.00 -
29.07.0900.2 MARK WOOD 115.44 57.72 57.72 05/17/2004 53.96 -
21.48.1990.2 MAR-KAR DESIGN & CONSTRU( 17.84 9.90 3.48 4.46 03/16/2004 7.94 -
29.07.0952.1 MARTINDALE, TONY 49.06 32.64 16.42 05f13f2004 22.00 -
35.64.0020.2 MARTINEZ, RON 76.32 33.46 41.30 1.56 04f08/2004 75.00 -
23.01.1330.3 MARZ, KIMBERLY 54.16 26.10 28.06 04/21/2004 32.64 -
37.37.3916.1 MATRIX HOMES 84.28 36.40 40.16 7.72 04/15/2004 90.84 -
24.04.1626.1 MAXEY, SHANE & MICHELLE 132.08 73.88 58.20 05/03/2004 85.32 -
23.02.1470.1 MAXWELL, MARGO 82.40 44.14 38.26 05/04/2004 27.64 -
30.74.1104.9 MCAL YNE, GREGG & SUSAN 20.57 19.56 1.01 03/18f2004 93.63 -
36.68.0030.6 MCCABE. MICHAEL & CATHERlt 72.80 36.40 36.40 04/30f2004 64.20 -
36.69.2258.4 MCCANDLESS, DOUG 164.85 184.85 11/19/2003 40.00 -
23.02.0450.2 MCCLURE, BRENT 140.92 79.28 61.64 04/12/2004 149.20 -
30.74.0066.1 MCDANIEL, THOMAS & RAELYN 80.96 35.58 45.38 04/29/2004 32.64 -
24.04.1698.1 MCDONALD, TONY & TRUDY 146.80 75.36 71.44 05/14/2004 50.20 -
31.52.0310.1 MCDONALD'S 470.86 467.38 3.48 OS/25/2004 471.42 -
22.51.3246.1 MCKAGUE, RICK 47.07 35.16 11.91 05/12/2004 60.00 -
24.04.1796.2 MCKINLEY, JAMES A 104.16 43.16 33.36 27.64 03/23/2004 53.88 -
23.02.6270.5 MCKINLEY, JUNE 154.22 74.72 79.50 OS/21/2004 70.00 -
20.46.0558.2 MCKNIGHT, DANIEL 116.14 58.34 57.80 04f1212004 36.40 -
22.50.2126.1 MCMAHAN, BRIAN 95.56 53.44 42.12 05/17/2004 36.40 -
23.02.4500.1 MCNETT, DARREN 94.70 46.86 47.84 05f17/2004 40.16 -
22.50.3842.1 MEIER, KATHLEEN 65.10 42.82 22.28 04/27/2004 35.80 -
23.01.2730.1 MELLEN, ANGELA 178.16 94.26 83.90 05/19/2004 70.00 -
23.02.0778.1 MERCER, JAMES 103.14 39.34 46.20 17.60 03/25/2004 28.88 -
24.04.0051.1 MERIDIAN HIGH SCHOOL 123.58 120.10 3.48
23.02.1122.1 MERIDIAN SCHOOL DISTRICT 349.56 348.36 1.20 OS/25f2004 347.16-
21.49.0982.1 MERIDIAN SCHOOL DISTRICT 299.06 156.09 142.97 OS/25f2004 150.49 -
21.49.0986.1 MERIDIAN SCHOOL DISTRICT 355.36 235.32 120.04 OS/25f2004 214.04 -
21.49.1244.1 MERIDIAN SCHOOL DISTRICT 462.12 308.80 153.32 OS/25f2004 228.52 -
21.49.0988.1 MERIDIAN SCHOOL DISTRICT 493.36 462.88 30.48 05f25/2004 120.72 -
21.49.1018.1 MERIDIAN TRANSPORTATION 238.44 133.13 105.31 OS/25/2004 120.35 -
30.74.1032.1 MICHAELSON, BRADL Y C. 84.90 41.96 42.94 04/27/2004 36.40 -
30.74.3696.1 MILLER, GREGORY & ERICA 109.66 34.44 75.22 04/21/2004 80.53 -
35.65.0324.1 MILLER, KEVIN 43.92 39.18 4.74 05/18/2004 36.40 -
22.50.2352.2 MILLER. SARAH 55.36 29.42 25.94 04f30f2004 21.36 -
22.50.2210.2 MILLER, SCOTT 66.14 32.36 33.78 04/23/2004 28.88 -
24.04.0538.1 MONSON, THOMAS 141.84 57.88 83.96 04f21f2004 134.09 -
30.74.1076.1 MOORE, EVELYN 67.24 32.64 34.60 05f17f2004 29.84 -
22.50.1988.3 MOORE, UlRRY D. & ELEINA M. 86.08 46.74 39.34 04/30/2004 40.16 -
24.04.1634.1 MOORE, RUSSELL C 60.16 31.16 29.00 06/10/2004 60.00 -
... in Msg column indicates no Notice is to be sent
(
Cln' OF MERIDIAN Delinquent Account List- council Page: 7
Standard Payment Customers Jun 15, 2004 04:42pm
Current period: 06/20/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Del1nq 04/20/2004 03/20J2004 02120/2004 Date Amount
37.37.3030.1 MORGAN CREEK HOMES 6.96 3.48 3.48
37.37.5042.1 MORGAN CREEK HOMES 6.96 3.48 3.48
24.03.0889.1 MORNING GLORY #2 HOA 10.44 10.44
23.02.3020.2 MORRIS, TRAVIS 59.72 30.84 28.88 05/04/2004 50.24 -
23.02.5630.2 MORRISON, DWAYNE 47.38 37.38 10.00 OS/26/2004 45.74 -
23.02.2748.6 MUSIC, DAWN 49.80 48.82 .98
25.25.1104.2 MUSTAGOG, ALBERT 27.64 23.88 3.76 04/27/2004 44.00 -
25.05.0816.1 NAVA, BENNY 131.42 73.06 58.36 04/16/2004 77.84 -
35.65.0450.1 NELSON, MARILYN 102.88 51.44 51.44 05/04/2004 51.44 -
24.04.1446.2 NEWBERRY, PAULA 131.84 85.72 46.12 05/13/2004 9.73 -
23.01.3200.1 NEWKIRK, MARYANN 50.56 25.28 25.28 04/20/2004 90.32 -
22.50.0034.1 NEWMAN, TIM 78.46 31.98 25.12 21.36 04/14/2004 55.12 -
30.74.3548.3 NEWTON, MICHAEL & ACHUFF, 95.68 42.94 52.74 04/21/2004 40.16.
22.51.0454.1 NIELSEN, R.B. 129.70 64.85 64.85 05104/2004 68.61 .
23.02.5740.1 NIMMO, MONA 78.34 42.60 35.74 03/25/2004 32.64 .
24.04.1298.2 OCHOA, JOSE 48.06 48.00 .06 OS/27/2004 45.00 -
22.50.2152.1 OLMEDA, ANGEL & ELL Y 63.63 43.80 19.83 05/13/2004 45.00 -
24.04.0914.1 OLSEN, H. DEAN 77.84 38.92 38.92 04/1212004 70.32 -
23.01.1210.2 O'NEAL, GEORGE & JANET 71.84 36.56 32.64 2.64 05/03/2004 58.88 -
36.69.1298.2 OSTLUND. HAROLD 107.42 57.14 50.28 05/18/2004 32.64 -
22.51.3430.2 OVERTON, DAVID 56.31 30.00 26.31 05/24/2004 220.00 -
30.74.3418.3 PALMERTREE, CONSTANCE & E 75.10 38.04 37.06
25.05.0428.1 PALOMO, ALEX 57.70 52.64 5.06 05/24/2004 40.00 .
30.74.3394.2 PARKER, RUSS 40.48 39.18 1.30 05/21/2004 40.00.
24.04.2188.2 PARRISH, KEITH & YUKO 79.10 61.96 17.14 05/18/2004 43.79.
30.74.3970.1 PATE, ERIC & LINDA 88.62 37.94 50.68 04/23/2004 70.32 -
22.51.0318.3 PAULIN, BEN 51.40 27.08 24.32 05/21/2004 20.00 -
30.30.6084.2 PAYNE, TONY 81.96 38.04 43.92 04/29/2004 17.60 -
36.69.2276.2 PEART, JOHN OR ERICA 72.60 48.32 24.28 05/19/2004 20.12 -
37.37.3820.2 PENNINGTON, JASON 129.84 64.92 64.92 04/28/2004 38.92 -
24.04.2180.2 PERKINS, JAMES 54.68 52.24 2.44 05/18/2004 40.00 -
30.30.0002.1 PETRA INC 26.35 18.83 7.52
20.46.0874.1 PETTINGilL, C. BLAINE 73.02 58.32 14.70 05/19/2004 45.00 -
37.37.3868.3 PICCOLA, NATALIE & JASON 79.93 41.14 38.79 05/17/2004 40.00.
20.47.1110.3 PIERCE, WILLIAM & LAURA 93.56 53.28 40.28 05/18/2004 62.00.
24.04.1646.1 PIKE, BRETT & ANGIE 70.46 68.34 2.12 04/29/2004 130.48 -
22.51.4010.4 PIONEER FINANCE, LLC 115.04 38.04 38.04 17.60 21.36
24.03.0852.1 POFFENBERGER. EUGENE & El 67.36 43.48 23.88 05/05/2004 27.64 -
25.25.0054.2 POPEL, LAURIE 61.16 32.54 28.62 04/27/2004 55.28 -
20.46.0824.2 POTTER,GWENDOLYN 66.68 65.76 .92 06/15/2004 40.00 -
35.35.0081.3 PRELLWITZ, RODNEY & BARBAI 59.72 29.86 29.86 04/23/2004 57.76 -
22.51.3102.2 PRICE, REBECCA 113.94 75.18 38.76 05/19/2004 37.78 -
23.02.5340.2 PRIVATSKY, K. & JOHNSTON, Tl 139.76 72.52 67.26 05/17/2004 50.00 -
23.01.0100.2 PYLICAN, WOODROW A. 131.29 131.29 02118/2003 45.26.
20.46.4301 .1 R C WILLEY 1,627.44 1,365.24 262.20
24.04.1838.3 RADICAN, DONALD & CYNTHIA 133"18 60.90 72.28 04/22/2004 68.78 .
30.74.3562.4 RANDOM, DUANE & MICHELLE 82.74 38.92 43.82 OS/26/2004 38.92 .
35.35.0032.2 RASMUSSEN, DANIEL 48.84 48.82 .02 05/12/2004 95.50 .
20.47.1090.3 RECLA. CARRIEANNE 40.07 36.28 3.79 03/25/2004 58.88 .
21.49.1102.1 RECORD STEEL 31 5.4 7 240.39 75.08 04/1 512004 71 .49 -
24.04.1210.2 REECE. THOMAS & SHARI 45.96 36.96 9.00 05/1 8/2004 30.90 -
23.02.6940.2 REED, STACIE 46.20 41.30 4.90 05/1212004 33.62 -
23.02.0412.2 REID, JOHN 161.86 90.24 71.62 05/18/2004 61.48 -
22.51.1120.1 RENNY WYLIE 252.95 155.83 97.12 05/26/2004 79.29 -
24.04.0688.2 RICE, DANNY & AMY 73.78 36.40 37.38 04/21/2004 69.04 -
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(
CITY OF MERIDIAN Delinquent Account List- cou neil Page: 8
Standard Payment Customers Jun 15, 2004 04:42pm
Current Period: 06120/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/20/2004 03/20/2004 02/20/2004 Date Amount
37.37.3118.2 RICE, JAMES & L1ZETTE 123.26 58.20 65.06 04/1 9/2004 75.32-
25.05.0720.2 RICHARDSON, HARRY & LORI 211.66 100.34 111.32 05/18/2004 64.00 -
24.04.2320.1 RICHARDSON, ROD 104.96 59.34 45.62 04127/2004 53.88 -
23.01.4100.5 RINCOVER. LAWRENCE 85.22 42.12 43.10 0511012004 74.00 .
30.30.6106.1 RIVERWOOD HOMES 21.08 17.60 3.48 05/14/2004 17.60.
37.75.01 to.1 ROARING SPRINGS 3,606.28 2,961.99 644.29 05/12/2004 87.92.
37.75.0112.1 ROARING SPRINGS WATER PAl 586.62 308.35 278.27 05/12/2004 67.71 -
22.50.0258.4 ROBBINS, ELLEN 82.00 74.94 7.06 05/19/2004 75.00 -
22.50.0256.2 ROBBINS. ELLEN 125.90 95.20 30.70 05/1912004 75.00 -
24.03.0848.1 ROBERTS. TODD 82.28 41.14 41.14 05/12/2004 36.40 -
22.50.4534.1 ROCKE, SEAN 23.16 20.38 2.78 05/1 2/2004 19.16 -
23.02.2860.1 ROMERO, LOUIS 46.56 43.92 2.64 04/21/2004 30.00 -
31.52.0316.1 RT NAHAS CO 483.48 370.65 112.83 OS/25/2004 269.10 -
20.47.0074.2 RUMSEY, PHILIP & JENNIFER 132.76 86.06 46.70 05/19/2004 55.20 -
36.69.1076.1 RUPERT, DAVID & LAURIE 134.40 64.26 70.14 04/1912004 64.54 -
22.50.0090.1 SABA, VIRGINA 111.38 55.20 56.18 04/14/2004 99.12 -
24.04.1690.1 SAYLES, ROBERT & LEANN 53.52 53.30 .22 OS/24/2004 47.20 -
30.74.2890.3 SCHAFFER. ROBERT 113.80 54.94 58.86 05/19/2004 42.68 -
35.65.0872.4 SCHILD, LES 44.30 13.28 13.28 9.36 8.38 03/16/2004 9.36 -
22.51.3720.2 SCHOW. BART & ALISSA 142.40 83.88 42.12 16.40 05/1912004 20.00 -
46.46.7004.1 SCHROEDER ENT 6.96 3.48 3.48 04/2112004 4.46-
25.05.0414.3 SCOTT, EDWIN & KATHY 187.08 91.06 96.02 04/1912004 88.00 -
35.35.2392.2 SEMMER. CHAO & MARY 80.64 37.38 43.26 04/29/2004 65.28 -
23.02.4270.2 SHAFFER. RAYMOND 87.52 48.40 39.12 05/14/2004 50.00 -
23.02.0476.1 SHAW, EVA 100.90 49.96 50.94 04120/2004 58.96 -
35.65.0292.1 SHAW, MICHAEL 47.42 41.70 5.72 04127/2004 81.60 -
23.02.6580.1 SHEFFIELD, ERVOL I 63.14 63.13 .01 05112/2004 104.85 -
30.74.0322.2 SHELDON. PAM 69.56 58.96 10.60 06107/2004 50.00 -
30.74.3248.1 SHIELDS, KELLEY 211.18 88.60 122.58 04121/2004 190.00.
22.50.0292.1 SHOEMAKER. T AMI 164.52 53.28 43.92 40.16 27.16 06/07/2004 80.00 .
24.03.0292.1 SHURTZ, ROD 150.40 87.94 62.46 05/17/2004 67040 .
22.50.4222.2 SILVA, BENJAMIN & STEPHANIE 70.72 38.08 32.64 05/04/2004 32.64 -
22.50.1920.5 SILVEY, BRYAN 39.68 39.62 .06 05/17/2004 75.00 -
23.02.0752.1 SKINNER. JAMES S 107.62 56.18 51.44 06/02/2004 1.80 -
23.02.0380.1 SKIVER, WAYNE 0 80.20 38.63 41.57 05/17/2004 39.61 -
22.51.3660.1 SLAY, LAWRANCE 382.31 20.20 52.10 79.44 230.57 03/1012004 52.26 -
23.01.1020.1 SLAY, LAWRANCE 152.98 93.10 40.16 19.72 06/15/2004 40.16 -
30.74.1086.3 SLYTER, GORDON 101.96 62.94 39.02 05/18/2004 63.92 -
30.74.2824.1 SMITH, JEROMY 69.35 40.06 29.29 06/01/2004 35.00 -
36.69.0862.2 SMITH, JOHN & MARY 76.46 67.46 9.00 04/30/2004 130.00 -
22.51.0498.1 SMITH, KARL 76.56 46.86 29.70 05/18/2004 44.28 -
22.50.0150.2 SMITH, RON 91.88 31.50 31.50 28.88 03/1 6/2004 32.64 -
29.07.0914.1 SOLANO. MOBBYL YN 50.96 26.66 24.30 05/19/2004 30.00 -
22.51.3090.3 SOL TAU, CYRIL 81.00 44.20 36.80 05/18/2004 37.78 -
32.32.4822.3 SOMAZZI, ROGER & JENNIFER 52.78 45046 7.32 05/25/2004 45.00 -
23.02.0180.2 SPANGLER. STEVE 55.80 27.90 27.90 05/13/2004 46.48 -
22.50.2382.2 SPARKS, BRIAN 126.30 68.32 57.98 05/10/2004 55.20 -
21.49.1149.1 SPK -IDAHO HEATING & AIR 64.88 57.92 3.48 3.48
30.74.2428.5 SPRONG, RICHARD 33.74 27.80 5.44 .50 02123/2004 157.22 -
24.04.7001.1 ST ALPHONSUS 384.52 353.34 31.18 05/03/2004 6.42-
24.03.0426.2 STAGGERS, PERRY 338.22 163.64 87.78 86.80 04/20/2004 40.00 -
30.74.3438.3 STAPLETON, DAVID & KRISTI 112.36 53.24 59.12 05/17/2004 55.20 -
30.74.2994.2 STOKESBERRY,COREY 90.92 49.94 40.98
37.75.0502.1 SWENSON BUILDING 22.20 22.10 .10 06101/2004 20.04 -
23.02.1670.1 SWENSON. MILDRED 21.95 20.97 .98 05104/2004 34.10-
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,
CITY OF MERIDIAN Delinquent Account List- council Page: 9
Standard Payment Customers Jun 15,2004 04:43pm
Current Period: 06120/2004
No Delinquent Minimum AmountDelinquent Balance
last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/20/2004 03/20/2004 0212012004 Dale Amount
22.51.0906.1 TAGGART, RETA 80.00 50.96 29.04 05126/2004 22.40 -
30.74.2698.2 TAYLOR. DARRELL 80.30 46.52 33.78 04/19/2004 86.64 -
22.50.1020.1 TECO INVESTMENTS 90.20 46.70 43.50 05/18/2004 60.00 -
20.47.0052.4 TENNANT, ROBERT & CONNIE 131.86 61.12 52.74 18.00 06/15/2004 70.00 -
29.57.0104.1 THE PERFECT CUP 30.14 15.07 15.07 04/1212004 41.45-
35.54.0018.1 THE PLAYGROUND 60.22 26.35 33.87 04/3012004 22.59 -
35.54.0016.1 THE PLAYGROUND 142.94 56.43 86.51 04/30/2004 94.03 -
35.54.0012.1 THE PLAYGROUND 577.58 226.75 350.83 04/30/2004 238.03 -
35.54.0014.1 THE PLAYGROUND 168.14 97.23 70.91 04/30/2004 52.11 -
22.51.1172.3 THOMAS/ANDERSON PARTNER 55.00 27.99 27.01 04/19/2004 15.10 -
22.50.0350.1 THOMASSON, DAVID C 125.44 59.60 65.84 05110/2004 90.00 -
23.01.1950.1 THORNE. TORY 111.91 111.91 05/1212004 112.73-
30.74.2606.1 TILBY, EUGENE 88.48 51.10 37.38 05/10/2004 32.64 -
36.69.1658.1 TOM WEIGLE & SONS CONSTRl 140.48 66.48 74.00 04/27/2004 6.96 -
35.35.3026.1 TRINITY HOMES 134.21 51.44 82.77 05/11/2004 20.00 -
20.46.0180.2 TROYER, SCOTT & LOIS 121.12 76.22 44.90
23.02.2230.2 TUDEHOPE,HEATHER 58.74 29.86 28.88 04/0612004 82.88 -
46.15.0001.1 TUSCANY LAKES HOA 84.38 27.98 56.40
22.51.1144.2 VANCE, JIM & DERRIAN 71.71 7.55 7.55 7.55 49.06
35.65.0340.3 VARGASON, RICK 44.22 42.68 1.54 OS/25/2004 40.00 -
24.04.0522.3 VERNON. JACK & CAROL 86.86 40.00 46.86
36.69.1524.1 VERNON. ROBERT 43.72 25.84 17.88 12118/2003 90.00 -
22.50.4808.2 VIALET, CELESTE 60.72 33.08 27.64 04123/2004 23.88 -
23.02.1860.3 VICTORY, CHRISTOPHER 108.62 40.86 67.94 04/29/2004 104.92 -
23.02.4550.1 VINCENT, TOMMY 100.92 50.46 50.46 05J17/2004 47.66 -
22.51.3094.2 VNUK, JOHN 94.00 35.70 58.30 04J2212004 83.26 -
30.74.2690.3 VUITTONET. JUAN 76.30 76.00 .30 05J17/2004 110.12 -
32.32.4016.2 WADDOUPS, DOROTHY & WAL~ 28.68 27.90 .98 05J11/2004 57.76 -
23.01.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29.17 -
25.25.4528.2 WARD, JENNIE 28.28 20.38 7.90 02/10/2004 66.64 -
22.50.2388.4 WARD, LINDA 139.94 81.62 58.32 OS/24/2004 22.18 -
36.69.0774.1 WASHBURN, WILLIAM 81.84 65.72 16.12 OS/25/2004 40.00 -
22.50.4296.2 WATKINS, JOHN 117.12 77.94 39.18 05/1112004 36.40 -
22.51.3310.2 WEBB, MICHAEL 88.70 48.27 40.43 04/27/2004 36.42 -
24.04.2298.1 WEIGHT. RICHARD 76.38 47.50 28.88 04/26/2004 25.12 -
23.02.3390.1 WELKER, IDA 87.59 47.13 40.46 06/08J2004 52.00 -
25.05.0392.1 WELLMAN, LORIN 157.24 91.36 65.88 04/30J2004 61.48 -
23.03.9869.1 WENDELL & KASHA LAWRENCE 67.18 61.30 5.88 01121/2004 21.12 -
30.74.3590.1 WEST, CHRISTEN 70.32 35.16 35.16 04/30/2004 29.18 -
23.01.1110.2 WEST, JONI 50.24 25.12 25.12 05/04/2004 46.46 -
23.01.1010.5 WEST, JONI & BERT 144.66 89.78 54.88 05/19/2004 107.84 -
35.35.0087.2 WHEELER, JOSHUA & HEIDI 76.14 75.62 .52 06/09/2004 80.00 -
24.04.1618.2 WHIPPLE, JASON 165.09 81.08 84.01 05/17/2004 68.25 -
30.74.3204.1 WHITE, TAWNYA 76.22 25.68 26.66 23.88 03J1512004 59.04 -
30.74.0064.2 WHITSITT, JOSEPH 128.16 59.78 68.36 04/15/2004 100.00 -
35.35.0097.2 WHITTED, NEIL & CHRISTINE 83.26 39.18 44.06 04/30/2004 40.16 -
25.05.0792.1 WICK, DON 149.96 88.50 61,48 06/15/2004 72.42 -
25.05.0462.3 WILLIAMS, EUGENE & JENIFER 66.23 51.92 16.31 OS/26/2004 26.75 -
23.02.4310.1 WILSON, DENNIS K 62.60 44.24 36.36 05/11/2004 36.40 -
30.74.0094.4 WINWOOD. RANDY & CATHLEEI 133.20 52.58 80.62 05/18/2004 43.94 -
25.25.1040.3 WOLDEGOBREAL, LULU 128.62 51.76 76.86 04/21/2004 84.08 .
22.51.3840.1 WOLFE, KIMBERLY 40.18 39.82 .36 OS/25/2004 38.48 -
24.04.1560.1 WOOD, JONATHAN 62.36 58.36 4.00 06/07J2004 45.54 -
22.50.3892.1 WOOD, MICHAEL 78.24 68.24 10.00 06114/2004 22.80 "
30.74.3308.1 WOODLAND, WAIDE T 96.80 43.50 53.30 04/28/2004 53.96 -
... in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN
Delinquent Account List- council
Standard Payment Customers
Current period: 06/20/2004
No Delinquent Minimum AmounlDelinquenl Balance
Page: 10
Jun 15, 2004 04:43pm
Last Pmt Lasl Pmt
Cust No Name Sa lance Non-Delinq 04/20/2004 03/20/2004 02120/2004 Date Amount
35.35.1018.2 WRIGHT, RANDALL & KIRSTEN 11.44 11.44 03/30/2004 64.08.
30.74.0844.1 WSBC/ ATTN: TIM WILLIAMS 59.10 29.55 29.55 05/04/2004 29.55.
30.74.0336.1 YEAGER, RODERICK S. 42.82 42.02 .60 05/16/2004 40.00 -
23.02.0650.2 YOUNG, AUSTIN L 60.86 30.82 29.84 .20 05/14/2004 25.06 -
32.32.4630.1 ZACH EVANS CONSTRUCTION 6.96 3.48 3.46
22.50.3784.1 ZAVALA. JOSE 91.68 48.70 41.30 1.66 OS/2512004 60.00 -
Grand Totals: 61,465.35 37,227.65 21,107.78 1,316.57 1,611.35
Report Criteria:
Terminated customers not included
Customer.Cust No 0 '" (<} 880000001
Customer. Bill Cycle = 1
... in Msg column indicates no Notice is to be sent
June 11, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
(
June 15, 2004
ITEM NO.
20
REQUEST
Tabled from June 8,2004: Ordinance - Parks and Recreation Commission Ordinance
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 Ordinance
OJffovV
00\
feD r-/ I
r~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
June 3. 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 8, 2004
REQUEST Ordinance - Parks and Recreation Commission Ordinance
ITEM NO.
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:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Ordinance
(
/'
{i?
rr {wlfL
~ u I O~
.1l1t.uV /16/
cOf" fJ
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the CUy of Meridian.
CITY OF MERIDIAN
ORDINANCE NO. 04- / ~ 8 (
BY: ;Jti/ ;/Ih/J
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING
CHAPTER 2 TITLE 2 AND REENACTING THE PARKS AND RECREATION
COMMISSION OF THE MERIDIAN CITY CODE; PROVIDING FOR
CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Chapter 2 Title 2 Parks and Recreation Commission of the Meridian
City Code, be, and the same is hereby repealed.
SECTION 2: That Chapter 2 Title 2 Parks and Recreation Commission of the Meridian
City Code, be, and the same is hereby reenacted to read as follows:
2-2-1: Establishment, Membership, Terms, Vacancies:
A. Commission Established: There is hereby established a Meridian Parks and
Recreation Commission of the City.
B. Membership; Compensation:
1. This Parks and Recreation Commission shall consist ofa minimum of five (5)
members and not more than nine (9) members.-,- '.'.'ho shall recei'/e no salary.
One half plus one of the number of then currently appointed members of the
Commission shall constitute a quorum for the transaction of any business of
the Parks and Recreation Commission. Members of the Commission shall be
appointed by the Mayor and approved by the City Council on a vote of one-
half (112) plus one of the Council members, and Commission members may,
in like manner, be removed.
2. Residents v/ho reside within the City limits, or area of impact and are a
minimum of eighteen (18) years of agc arc eligible to sen'e on the
Commission. At least one hut not more than three (3) members may be
appointed from residents of the City impact area, outside the corporate limits.
Page 1 of6
All members of the Parks and Recreation Commission and the officers thereof
shall serve without salary or compensation. The City shall provide the
necessary and suitable equipment and supplies to enable the Commission to
properly transact and attend to its business. The budget for Commission
equipment and supplies shall be provided for it through the Parks and
Recreation budget.
3. A subcommittee of three (3) individuals ofthe Parks and Recreation
Commission '",ill review the application and submit a recommendation to the
Mayor. The location of the applicant's residence, in order to pro'.'ide a
rcpresentation based upon geographic areas and population ,..,.ill be gi'.'cn
strong consideration. Residents who reside within the City limits, or area of
impact, and are a minimum of eighteen (8) years of age are eligible to serve
on the Parks and Recreation Commission. One (1 ) member shall be a resident
of the area of impact but no more than two (2) members may be appointed
from residents of the City impact area, outside the corporate limits. One
position may be designated to represent youth which Commission member
may be, at the time of appointment, under eighteen (18) years of age.
4. One member of the Meridian City Council, the Citis Parks and Recreation
Director, afld one member who represents the administration of the Joint
School District No.2, Ada County, State ofIdaho, and all shall serve as ex-
officio members with no vote.
C. Terms of Office:
.1. Each Commissioner shall serve a term of three (3) years,:, provided that the
youth member, or members. shall be appointed to a term of up to one 0) year
and may be reappointed to up to three (3) successive terms. Commissioners
wishing to serve additional terms must submit a letter of interest thirty (30)
days prior to the first term expiring. Reappointments are at the discretion of
the Mayor, with confirmation by the City Council.
2. Starting dates of terms '.vere staggered at the inception of the Parks and
Recreation Commission so that three (3) Commissioner's terms expire each
year starting in October 1, 1999.
fh 2. Vacancy:
a. When vacancy occurs, interested citizens will submit a letter of interest or
resume to the Mayor within an advertised time period. (Ord. 822,4-20-
1999)
b. A subcommittee of three (3) individuals of the Parks and Recreation
Commission will review the application and submit a recommendation to
the Mayor. The location of the applicant's residence, in order to provide a
Page 2 of6
representation based upon geographic areas and population wili be given
strong consideration.
2-2-2: Organization; Rules and Regulations:
A. Officers: At the flfs.t December meeting of each .:fisea.l. year, the members of the
Parks and Recreation Commission shall meet and organize by electing one of
their members chairman President, Vice President and such other officers as may
be necessary. The City Parks and Recreation staff shall provide secretarial service
for the Commission, and may request assistance from the City Clerk regarding
matters pertaining to meetings including notices, agendas, and minutes.
B. Rules And Bylaws: The Parks and Recreation Commission shall adopt bylaws,
rules and regulations for the proper conduct of the business of the Parks and
Recreation Commission. The bylaws, rules and regulations are subject to the
approval ofthe Mayor and City Council after recommendation by the
Commission. (Ord. 822,4-20-1999)
2-2-3: Duties: It shall be the duty ofthe Parks and Recreation Commissioners to work in
coniunction with the Parks Department staff. and to advise the Mayor and the City
Council in the orderly and efficient administration of the city Parks and
Recreation system as hereinafter amended, and any other ordinances hereinafter
enacted and amended relating to parks, urban forestry and recreation:
A. Supervision Of Recreation Areas:
.1. the To advise the Commission shall advise the Mayor,
City Council. and Parks and Recreation Director, on the plannine:. for, conduct
of. operation of. and the supervision of, public parks and public playgrounds,
athletic fields, recreational facilities and other recreation a:eti':ities on any of
the properties owned or controlled by the City, and on any other properties in
the area of impact UPOfl which recreational facilities and/or activities are
conducted and/or planned. City Council. and the Mayor as to the best use of all
public parks and any land or lots hereinafter purchased, leased, devised and
bequeathed to the City for park and recreation purposes, and as such to make
recommendation regarding the ornamenting, adorning, laying out and
improving of the grounds of said parks.
2. Each year during the preliminary stages of budget preparation the
Commission shall assist in planning and prioritizing projects and expenditures
for the next fiscal y-car, and shall review the Parks and Recreation Department
budget before its submission to thc City CounciL Thc Commission shall also
re':iewand comment on any needed changes and/or revisions to the City's
Comprehensive Plan as that plan relates to Parks and Recreation. To study the
economic and physical conditions and problems in connection with the
maintenance, operation, management, control and use of all the public park
grounds, park and playground facilities in the City.
Page 3 of6
3. To propose and recommend rules and regulations for the control and
regulation of the use of the public park grounds, buildings, and playground
facilities; subiect to approval by the Mayor and City CounciL
4. To study and propose plans, and recommend rules and regulations for the
planting, growing, care, regulation and control of trees and shrubbery in all
public places.
~ To represent the public interest in making suggestions and recommendations
for the development, use and expansion of needed and required playground
and other recreational and leisure program activities.
6. To propose plans. recommendations and suggestions for the future growth
development and regulation of park. playground, and recreation facilities of
the City.
7. To set priority to plans, recommendations and suggestions for the future
growth development and regulation of park, playground and recreation
facilities of the City; subiect to approval by the Mayor and City Council.
~ To propose plans, recommendations, and suggestions to the annual budget to
be submitted by the Parks Director for the proiects and expenditures for the
next fiscal year prior to the budget proposal being submitted to City Council
for approvaL
.2.. To suggest and recommend such rules and regulations necessary and desirable
to carry out the intent of the Chapter.
ill To review and comment on the Parks and Recreation Department's
Comprehensive Plan and Action Plan.
lL To review and comment on the City's Comprehensive Plan as that plan relates
to Parks and Recreation.
1b If requested by the Mayor, to review candidates for Parks and Recreation
Director and make recommendations to the Mayor regarding those candidates.
l.1. To suggest and recommend such rules and regulations necessary and desirable
to carry out the intent of the Chapter, and to improve and correlate the
problems of governmental administration of all recreation and leisure
programs of the City.
~ To appoint members of the commission to subcommittees to provide
community information to the Parks and Recreation Commission concerning
particular facilities or programs of the park and leisure movement of the City.
&:- Reports: The Parks and Recreation Director shall make monthly reports to tho
Mayor and City Council, and other reports from time to time as requested by the
Page 4 of6
Mayor and the City CounciL The Parks and Recreation Commission chainnan
,,':ill submit an annual report to the Mayor and Council.
B. All actions ofthe Parks and Recreation Commission shall be subject to approval
by the Mayor and Council by Resolution and after such approval shall have the
force and effect of ordinance. All rules and regulations ofthe Parks and
Recreation Commission now in effect shall remain in full force and effect until
amended, altered or repealed.
C. Advisory Status: The Parks and Recreation Commission shall be deemed advisory
and report to the Parks and Recreation Director, Mayor and City CounciL The
Parks and Recreation Commission chairman will submit an annual report to the
Mayor and CounciL (Ord. 822, 4-20-1999)
2-2-,1 Fees: The Parks and Recreation Commission is hereby authorized to make
recommendations regarding the establishment of all fees for facility reservations
and/or rental. facility admission. program activity participation, and league
registration; and the establishment of fees for urban forestry services. All rules
and regulations pertaining to fees shall be subiect to approval by the Mayor and
the Meridian City Council. (Ord. 4895, 12-30-85; Ord. 5227,4-17-90),
2-2-42: Meetings: The Commission shall meet regularly each month at a time and place
determined by the Commission. The regular monthly meeting shall be held at
7:00 p.m.. on the second Wednesday of each month unless, at the first meeting of
each calendar year. the Commission shall establish a meeting schedule for the
calendar year in which event the published schedule shall apply. All meetings
shall be open to the public and shall be publicized; the Commission shall allow
and promote public participation in the meetings of the Commission. The
Commission shall also review and comment on any needed changes to the City's
Comprehensive Plan as it relates to Parks and Recreation. Additional meetings of
Commission may be scheduled by the Commission as necessary to carry out the
business of the Commission. (Ord. 822, 4-20-1999)
SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 4: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this Ordinance independent of the elimination
herefrom of any portion as may be declared invalid.
SECTION 5: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
Page 5 of6
- SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
/4)"-1.1 day of J~ ,2004.
J
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
/5l'5dayof J~ ,2004.
ATTEST:
.(// - L~ A: "'''', SEAL ,f? ;;
Jr~/~ / ". -;' '. '--;:~ '\.0 .~
City Clerk >~;->?l ~:",f 1S\ ' ~ ".:2:
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An Ordinance of the City ofMeridianiBy;.Wiitfuin G. Berg, Jr., City Clerk
First Reading: 6 - (5 - 0 1-
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES )( NO
Second Reading:
Third Reading:
-
STATE OF IDAHO,)
: ss.
County of Ada. )
On this , 5-t"- day of ~U/lt L , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of
the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WIT~m~S WHEREOF, I have hereunto set my hand and affixed my
~~~.. ""
official seal ~~~ !Lnc8~ first above written.
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Z:\Work\M\Meridian\Meridian 15360M\Ordinances City HalJ\2004 Ord\Parks Commission On! 06 09 2004.doc
7
Page 6 of6
WHITE PETERSON
ATTORNEYS AT LAW
KEVIN DINIUS
JUUE KLEIN FISCHER
CHRJSTOPIlER D. GABBERT
WM. F. GIGRAY, lH
T. GUY HAllAM ..
JILL S. HOLlNKA
JOIlN R. KORMA,"IIK ·
WJLLIAMA. MORROW
WILLIAM F. NICHOLS"
CANYON P ARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NA1\1PA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CIiRISTOPIlER S. NYE
PHIUP A. PEfERSON
TODD A. ROSSMAN
TERRENCE R. WHITE ...
· Also admitted in CA
.. Also admitted in OR
... Also admitted in W A
May 13, 2004
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 04-1 () f3! , (Parks and Recreation Commission Ordinance
for the City of Meridian) Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for the Parks and Recreation Commission Ordinance for
the City of Meridian, pursuant to the City's action. I do hereby advise the City, and make this
statement, that said summary is true and complete and provides adequate notice to the public of the
provisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions ofIdaho Code 9 50-901 (A).
Very truly yours,
Wm. F. Nichols
Enclosure
Z:\Work\M\Meridian\Meridian 1 5360M\Ordinances City HalJ\2004 Ord\Berg Parks Conunission Sum Ord cover It l' 05 13 04.doc
(
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04- to R I
PROVIDING FOR THE REPEALING AND REENACTING OF
CHAPTER 2 OF TITLE 2
PARKS AND RECREATION COMMISSION
This ordinance of the City of Meridian is repealing existing Chapter 2 Title 2 and enacting a new
Chapter 2 Title 2 regarding the Parks and Recreation Commission; to amend the membership to
include a minimum of five (5) members and not more than nine (9) members; to provide for a
Commission quorum definition; to provide that the City budget shall contain provisions for
equipment and supplies for the Commission; to require one and allow up to two members from
the area of impact; to provide for youth members; to delete the staggered term language and to
allow for appointments to mid-term vacancies such that they do not affect the staggered rotation;
to provide for a change in the time of election of officers from the beginning of the fiscal year to
the end of the calendar year; to provide that the Commissioners shall work in conjunction with
the Parks and Recreation Department to advise the Mayor and City Council in the administration
of the City Parks and Recreation System; to provide that the Commission is the recommending
body for parks with the ability to recommend how parks are landscaped and designed; to provide
that the Commission shall recommend rules and regulations for the control and regulation of the
use of public park grounds, buildings and play ground facilities with Mayor and Council
approval; to allow the Commission to determine priority for plans, future growth, etc. with the
final decision for the City Council; to provide for the involvement of the Commission in the
budget planning; to provide for the Commission to make recommendations to the Mayor
regarding candidates for the Parks and Recreation Director position; to provide for the
appointment of members of the Commission to subcommittees; to provide that all the actions of
the Commissioners shall be subject to approval by the Mayor and City Council; and to provide
that the Commission can suggest or recommend fees for adoption by the Council.
A full text of this ordinance is available for inspection at City Hall, ~~ofMeridian, 33 East
Idaho, Meridian, Idaho. This ordinance s~q.lhb60Q'1:m~ effective on the ~day of JUI'\..IL.- ,
2004. ""\~l Of MER/f);II'"
" :<. ~ "J,.-1: -/
;::" c) 'f',PORA "1; 'l~
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City of Meridian
Mayor and City Council _ -y ,.
By: William G. Berg, Jr., City Clef5...-;' (/Qu ,,0 ,0.2
~ J"<) Sf 1 51' ,~I,.~ ,;.'
/: /1'- () 4- ~. "'1 0 ~". ,v
First Reading: (7-; v - #/;/Ih OUi'\IT't ' "",:-
. . lJ~; . .\ ~\
Adopted after first readmg by suspenSlOn dfthe l~tile as allowed pursuant to Idaho Code 50-902:
YES K NO
Second Reading:
Third Reading:
Parks and Recreation Commission Summary Ordinance
Chapter 2 Title 2
Page 1 of1
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