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Home My WebLink About2001 09-18 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 18, 2001 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 23, 2001 Joint MeetinglWorkshop with ACHD and Ada County Commissioners: Approve B. Approve minutes of August 21, 2001 Regular City Council Meeting: Approve C. Approve minutes of August 27, 2001 City Council Joint MeetinglWorkshop with ACHD and Ada County Commissioners: Approve D. Approve minutes of August 28, 2001 Regular City Council Meeting: Approve E. Approve minutes of August 29, 2001 City Council Special Meeting: Approve 5-F. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Table until October 2,2001 Meeting 5-G. Tabled from September 4, 2001: Conclusions of Law for Approval: Findings of Facts and PP 01-005 Request for Meridian City Council Agenda - September 18, 2001 Page 1 ofl 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. Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Table until October 2, 2001 Meeti ng 5-H. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Table until October 2, 2001 Meeting 5-1. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law of Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until October 2, 2001 Meeting 5-J. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until October 2,2001 Meeting 5-K. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L~C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until October 2, 2001 Meeti ng L. Findings of Facts and Conclusions of Law for Approval: CUP 01-025 Request for a Conditional Use Permit for a Day Care Center for approximately 100 children in a C-G zone for The Learning Garden Day Care Center by Shanalee Slade - 1230 West Overland Road: Approve M. Findings of Facts and Conclusions of Law for Approval: PFP 01-002 Request for Preliminary/Final Plat approval of 4 building lots on 10.98 acres +/- in a proposed I-L zone for proposed Meridian City Council Agenda - September 18, 2001 Page 2 of2 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. Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Approve N. Findings of Facts and Conclusions of Law for Approval: VAR 01-010 Request for a Variance to delete the requirement for subdivision street buffers to be on a common lot, maintained by business - owners association in an I-L zone for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Approve o. Findings of Facts and Conclusions of Law for Approval: VAR 01-011 Request for a Variance to delete requirement of 35-foot buffer width for entryway corridors and maintain existing 20-foot buffer width and to delete requirement of the 25-foot buffer between Intensity Class I and Class IV and maintain the 20-foot width for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Approve P. Findings of Facts and Conclusions of Law for Approval: RZ 01-006 Request for Rezone from I-L to L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Approve Q. Findings of Facts and Conclusions of Law for Approval: PP 01-014 Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I-L and L-Q zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Approve R. Findings of Facts and Conclusions of Law for Approval: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: Approve s. Findings of Facts and Conclusions of Law for Approval: CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: Approve T. Findings of Facts and Conclusions of Law for Approval: CUP 01-027 Request for a Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C-G zone for the University of Phoenix (office) by Rocky Mountain Management & Development, LLC - 3080 Gentry Way: Approve Meridian City Council Agenda - September 18, 2001 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888- 4433 at least 48 hours prior to the public meeting. ( u. Agreement with Blakeslee and Associates: Approve 5-V. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Table until October 2, 2001 Meeti ng 4. Department Reports: A. Treasurer's Department: Stacy Kilchenmann: 1. Finance Report: Reported B. Public Work's Department - Gary Smith: 1. Agreement for Professional Services - Water System Telemetry Upgrade: Approve/Award to Advance Control System $18,003.07 2. Vienna Woods Latecomer Agreement: Approve 3. Five Mile Sewer Trunk Latecomer Agreement: Table until October 2, 2001 City Council Meeting 4. Award of Contract - UV Equipment at Wastewater Treatment Facility: Approve/Award to Trojan Tech $117,100 5. Award of Contract - Drilling of Wells 23 and 24: Approve/Award to Riverside Inc. $356,161.28 6. Re-Award of Contr~ct - Clarifier No. 3 Re-Coating Project: Approve/Award to Diversified Coatings $21,500 c. Park's Department - Tom Kuntz 1. Skateboard Facility of Tully Park - Bid Award: Approve to reject all bids - over budget 2. Chateau Park - Bid Award: Approve 5. (Items Moved from Consent Agenda) 6. Tabled from August 28,2001: Ordinance No. 01-928 : Flood Damage Prevention and Repealing Chapter 11 Title 11 Floodplain Overlay District: Approve Meridian City Council Agenda - September 18, 2001 Page 4 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/oT hearings, please contact the City Clerk's Office at 888- 4433 at least 48 hours prior to the public meeting. ( 7. Public Hearing: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 8. Public Hearing: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 9. Public Hearing: Consideration of amendment to the FY01 fiscal year budget by appropriating additional monies received by the City of Meridian: No Testimony 10. Ordinance No. 01-929 Year Budget: Approve Amending the 2000/2001 Fiscal 11. FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and north Black Cat Road: Table until October 2, 2001 Meeting 12. Water, Sewer and Trash Delinquencies: Approve 13. Executive Session 67-2345 (b) - No Decision Meridian City Council Agenda - September 18, 2001 Page 5 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888- 4433 at least 48 hours prior to the public meeting. ** TX CO~~ SEP 18 ' 01 ( 53 PAGE. 01 , r I ON REPORT ** AS OF CITY OF MERIDIAN 12 13 14 15 16 17 18 19 210 21 22 DATE TIME TO/FROM 0sv18 22: 30 PUBL I C WORKS 09/18 22:32 2082882501 09/18 22:34 8841159 09/18 22: 36 2088840744 09/18 22:38 2088845077 09/18 22:40 208 898 55101 09/18 22:42 8886854 09/18 22:44 2083757154 09/18 22:46 8950390 09/18 22:49 Laurel 09/18 22: 51 CHERRY LANE STATUS OK OK OK OK OK a< OK OK OK OK OK MODE UF--S EC--S EC--S EC--S EC--S EC-S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 01' 19" 005 01'32" 12105 01'33" 12105 01'33" 005 101'33" 0135 01'32" 005 01'32" 12105 01'32" 121135 131'31" 005 01'34" 0105 02'03" 005 CMDI=t 001 001 001 001 001 001 001 001 0101 001 001 -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 18, 2001 at 6:30 p.m. City CounciJ Chambers 1. Roll-call Attendance: X Tammy de Weerd X Ron Anderson ~ Cherie McCandless =x= Keith Bird ---0.- Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 23, 2001 Joint MeetinglWorkshop with ACHD and Ada County Commissioners: al'pN V'l.2- Approve minutes of August 21, 2001 Regular City Council Meeting: ~V.JL- Approve minutes of August 27, 2001 City Council Joint MeetinglWorkshop with ACHD and Ada County Commissioners: ~rve.- Approve minutes of August 28, 2001 Regular City Council Meeting: ~ hL Approve minutes of August 29, 2001 City Council Special Meeting: qfnP~ Tabled from September 4, 2001: Findings of Facts and Conclusions of law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: ~ ~t Ooh 2., Zoo( hv& Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for PreJiminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed B. c. D. E. '5" - F. '? - G. Mc:ridi:m City Cnunc:i1 Agcnd3 - September 18.200 1 P;tg.e I of S All materials presented lot public meetings ,holl become propt:rly or lhe City of Meridkln. Anyone desIring 3ccommod:l.tion for diS;\bilIties rtbttd to documents ~dlor hesring!, plCo\$c contact the City Clerk', Office:: at S8S~ 4433 at least 48 hours prior to the public meeting. ( ** TX CONFI RMH, ~JN REPORT ** ( AS OF SEP 18 '0. 22:30 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 11 09/18 22:27 3810160 MODE MIN/SEC PGS CMD~ STATUS EC--S 02' 38" 005 255 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 18, 2001 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Ron Anderson X Cherie McCandless =x:= Keith Bird --D-- Mayor Robert Corrie 2. Adoption of the Agenda: 3~ Consent Agenda: q- - F. q;- - G. A. Approve minutes of July 23, 2001 Joint MeetingM'orkshop with ACHD and Ada County Commissioners: afproV1JZ-- Approve minutes of August 21, 2001 Regular City Council Meeting: ~".Jl-- Approve minutes of August 27, 2001 City Council Joint MeetingfWorkshop with ACHD and Ada County Commissioners: ~~ f/.e-- Approve minutes of August 28, 2001 Regular City Council Meeting: ~V1t!.- Approve minutes of August 29,2001 City Council Special Meeting: tl!,pnf?V1<- Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: ~ ~i (Jch 2, Zool M:1 Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed B. c. D. E. MtTidiun City Counail Agttld:. - September 18,2001 P3gc 1 ur 5 All mult:ri~s presented at public medings s~H become property of the City of f.tleridi3n. Anyone desiring accommodation Ibr di~bi1iric.c; reLated to documents 3ndloT hearings, plt:lSC cont41ct the City Clerk's. Office Dt 888.. 4433 at le~i 48 hours prior 10 the public meeting. { ** TX CONFIRI ~ON REPORT ** ( AS OF SEP 14 '12)1 17:16 PAGE. 01 CITY OF MERIDIAN 01 02 03 04 05 DATE TIME TO/FROM 09/14 17:06 8886854 09/14 17: 08 2083757154 09/14 17:10 8950390 09/14 17:12 Laurel 09/14 17:14 CHERRY LANE MODE EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 01'26" 005 01'27" 005 01'26" 005 01 ' 29" '2105 01'51" 005 CMDt1: STATUS 194 OK 194 OK 194 OK 194 OK 194 OK -------------~------------~-----------~----------------------------------------------------- jJle~ ;JtJ~1- frn- jJCV/PC ;1/ohC-L -1A-~k-s CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 18, 2001 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie Ron Anderson Keith 8 ird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 23, 2001 Joint MeetinglWorkshop with ACHD and Ada County Commissioners: B. Approve minutes of August 21, 2001 Regular City Council Meeting: c. Approve minutes of August 27, 2001 City CounciJ Joint Meeting/Workshop with ACHD and Ada County Commissioners: o. Approve minutes of August 28, 2001 Regular City Council Meeting: E. Approve minutes of August 29, 2001 City Council Special Meeting: F. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential. office and commercial uses for proposed Bridgetower Crossing Subdivision by PrimeJand Development Company - 2420 Ustick Road: G. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01..005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Meridian City Council Agend3 -September 18,2001 Page lor, AU materials presented .1l public meetings shall become property of the City of Mcridian. Anyone desiring 3CCOll'lmOdation for disabilities related to documc.rlls and/or hearings, please contaCt the City Clerk's Office.,t 888- 4433 Oit l~ 48 hours prior to the public meeting. ** TX CONF 1\ . 'ION REPORT ** AS OF ( SEP 14 '0l ~(:1215 PAGE.la1 CITY OF MERIDIAN 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 1219/14 16:50 PUBLIC WORKS 09/14 16:52 208288251211 09/14 16:54 8841159 09/14 16:56 2088840744 09/14 16:58 208884512177 09/14 17:00 208 898 5501 1219/14 17:02 LIBRARY 09/14 17:04 92083776449 MODE UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 01' 13" 005 01'27" 005 01'28" 005 01'27" 005 01'27" 005 1211'26" 005 01 ' 51" 005 01'27" 12'05 CMDt; 194 194 194 194 194 194 194 194 STATUS OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- !I.e({k jJp<f I- fr;r ptv,90c ;1./ofr~ - ~~l-s CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, September 18, 2001 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 23, 2001 Joint Meeting/Workshop with ACHD and Ada County Commissioners: B. Approve minutes of August 21, 2001 Regular City Council Meeting: c. Approve minutes of August 27, 2001 City Council Joint MeetingNVorkshop with ACHD and Ada County Commissioners: D. Approve minutes of August 28, 2001 Regular City Council Meeting: E. Approve minutes of August 29, 2001 City Council Special Meeting: F. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: G. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01..005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and CoG zones for proposed M ~ri man Cil)' Council A8en~ - Stptembct" 1 S, 200 I hgc J oCS All materials pTtsCfJtC'd .11 public meetings shill become propeny of the City of Mcridim, Anyone deSiring ~cornmodation for disabilltiC5 related to documents and/or hearings, please: contact the Ciry Clerk".s Office at aas- 44)) at ~ 48 hours prior to the public meeting. !/etlk jJtJ~I-" f;-r fJevjOc ~/;~ -1A~l:-s CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 18, 2001 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 23, 2001 Joint Meeting/Workshop with ACHD and Ada County Commissioners: B. Approve minutes of August 21, 2001 Regular City Council Meeting: c. Approve minutes of August 27, 2001 City Council Joint Meeting/Workshop with ACHD and Ada County Commissioners: D. Approve minutes of August 28, 2001 Regular City Council Meeting: E. Approve minutes of August 29, 2001 City Council Special Meeting: F. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: G. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Meridian City Council Agenda - September 18,2001 Page 1 oiS All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888.. 4433 at least 48 hours prior to the public meeting. ( ** TX CONF I RMA-. ...IN REPORT ** AS OF SEP 14 '~~ 17=19 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 06 09/14 17:17 3810160 MODE MIN/SEC PGS CMD~ STATUS EC--S 02'26" 005 195 OK --------------~----------------------------------------------------------------------------- 11-etV-L jJ{)J" I- j;r P('&~G ;f/oh~ -1A-~k-S CITY OF MERIDIAN CITY COUNCJL REGULAR MEETING AGENDA Tuesday, September 18, 2001 at 6:30 p.m. City Council Chambers 1. Roll--call Attendance: _ Tammy de Weerd Cherie McCandless _ _ Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 23, 2001 Joint Meeting/Workshop with ACHD and Ada County Commissioners: B. Approve minutes of August 21, 2001 Regular City Council Meeting: c. Approve minutes of August 27, 2001 City Council Joint Meeting/Workshop with ACHD and Ada County Commissioners: D. Approve minutes of August 28, 2001 Regular City Council Meeting: E. Approve minutes of August 29, 2001 City Council Special Meeting: F. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: G. Tabled from September 4, 2001: FindIngs of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Meridian City Council Agcnda- September 1St 2001 Page I or 5 All materials prcsmtcd at pubJic meetings shall become propcny of the City of M~dian. Anyone desiring aeoommod~uion for dwbHiri~s rt14ted to documents ~d1or htarin&$, p}eas~ eonttct the Ciry Ctcrk'3 Office at 888.. 4433 :It least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 18,2001 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of July 23, 2001 Joint Meeting/Workshop with ACHD and Ada County Commissioners: Approve B. Approve minutes of August 21, 2001 Regular City Council Meeting: Approve C. Approve minutes of August 27, 2001 City Council Joint Meeting/Workshop with ACHD and Ada County Commissioners: Approve D. Approve minutes of August 28, 2001 Regular City Council Meeting: Approve E. Approve minutes of August 29, 2001 City Council Special Meeting: Approve 5-F. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Table until October 2,2001 Meeting 5-G. Tabled from September 4, 2001: Conclusions of Law for Approval: Findings of Facts and PP 01-005 Request for Meridian City Council Agenda - September 18,2001 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. J -\ Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Table until October 2, 2001 Meeting 5-H. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Table until October 2, 2001 Meeting 5-1. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law of Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until October 2, 2001 Meeting 5-J. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until October 2, 2001 Meeting 5-K. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Table until October 2, 2001 Meeting L. Findings of Facts and Conclusions of Law for Approval: CUP 01-025 Request for a Conditional Use Permit for a Day Care Center for approximately 100 children in a C-G zone for The Learning Garden Day Care Center by Shanalee Slade - 1230 West Overland Road: Approve M. Findings of Facts and Conclusions of Law for Approval: PFP 01-002 Request for Preliminary/Final Plat approval of 4 building lots on 10.98 acres +/- in a proposed I-L zone for proposed Meridian City Council Agenda - September 18,2001 Page 2 of2 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. Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Approve N. Findings of Facts and Conclusions of Law for Approval: VAR 01-010 Request for a Variance to delete the requirement for subdivision street buffers to be on a common lot, maintained by business - owners association in an I-L zone for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Approve o. Findings of Facts and Conclusions of Law for Approval: VAR 01-011 Request for a Variance to delete requirement of 35-foot buffer width for entryway corridors and maintain existing 20-foot buffer width and to delete requirement of the 25-foot buffer between Intensity Class I and Class IV and maintain the 20-foot width for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: Approve P. Findings of Facts and Conclusions of Law for Approval: RZ 01-006 Request for Rezone from I-L to L-Q zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Approve Q. Findings of Facts and Conclusions of Law for Approval: PP 01-014 Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I-L and L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Approve R. Findings of Facts and Conclusions of Law for Approval: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: Approve s. Findings of Facts and Conclusions of Law for Approval: CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: Approve T. Findings of Facts and Conclusions of Law for Approval: CUP 01-027 Request for a Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C-G zone for the University of Phoenix (office) by Rocky Mountain Management & Development, LLC - 3080 Gentry Way: Approve Meridian City Council Agenda - September 18, 2001 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888- 4433 at least 48 hours prior to the public meeting. u. Agreement with Blakeslee and Associates: Approve 5-V. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Table until October 2, 2001 Meeting 4. Department Reports: A. Treasurer's Department: Stacy Kilchenmann: 1. Finance Report: Reported B. Public Work's Department - Gary Smith: 1. Agreement for Professional Services - Water System Telemetry Upgrade: Approve/Award to Advance Control System $18,003.07 2. Vienna Woods Latecomer Agreement: Approve 3. Five Mile Sewer Trunk Latecomer Agreement: Table until October 2, 2001 City Council Meeting 4. Award of Contract - UV Equipment at Wastewater Treatment Facility: Approve/Award to Trojan Tech $117,100 5. Award of Contract - Drilling of Wells 23 and 24: Approve/Award to Riverside Inc. $356,161.28 6. Re-Award of Contract - Clarifier No. 3 Re-Coating Project: Approve/Award to Diversified Coatings $21 ,500 C. Park's Department - Tom Kuntz 1. Skateboard Facility of Tully Park - Bid Award: Approve to reject all bids - over budget 2. Chateau Park - Bid Award: Approve 5. (Items Moved from Consent Agenda) 6. Tabled from August 28, 2001: Ordinance No. 01-928 : Flood Damage Prevention and Repealing Chapter 11 Title 11 Floodplain Overlay District: Approve Meridian City Council Agenda - September 18,2001 Page 4 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 hearings, please contact the City Clerk's Office at 888- 4433 at least 48 hours prior to the public meeting. 7. Public Hearing: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 8. Public Hearing: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 9. Public Hearing: Consideration of amendment to the FY01 fiscal year budget by appropriating additional monies received by the City of Meridian: No Testimony 10. Ordinance No. 01-929 Year Budget: Approve Amending the 2000/2001 Fiscal 11. FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by DJAlessio Building Development - south of West Ustick Road and north Black Cat Road: Table until October 2, 2001 Meeting 12. Water, Sewer and Trash Delinquencies: Approve 13. Executive Session 67-2345 (b) - No Decision Meridian City Council Agenda - September 18, 2001 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888- 4433 at least 48 hours prior to the public meeting. ( Meridian City Council Meetina SeDtember 18~ 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, September 18, 2001, by President Keith Bird President. Members Present: Keith Bird, Tammy de Weerd, Cherie McCandless, Ron Anderson. Members Absent: Mayor Robert Corrie. Others Present: Shari Stiles, Gary Smith, Tom Kuntz, Brad Watson, Tom Kuntz, Ken Bowers, Bill Nichols and Will Berg. Bird: IIII open the meeting of the Meridian City Council on September 18, 2001, at 6:30 P.M. lid like to welcome everybody here, especially Troop 138, Boy Scouts. To start our meeting we will have the Pledge of Allegiance. If everybody will stand and join us we'd appreciate it. (Pledge of Allegiance recited.) Bird: Thank you. Mr. Clerk, could we have roll call, please. Item 1. Roll-call Attendance: X Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird o Mayor Robert Corrie Item 2. Adoption of the Agenda: Item 3. Consent Agenda: A. Approve minutes of July 23, 2001 Joint Meeting/Workshop with ACHD and Ada County Commissioners: B. Approve minutes of August 21, 2001 Regular City Council Meeting: c. Approve minutes of August 27, 2001 City Council Joint Meeting/Workshop with ACHD and Ada County Commissioners: D. Approve minutes of August 28, 2001 Regular City Council Meeting: I Meridian City Council Meeting September 18, 2001 Pg.2 ( E. Approve minutes of August 29, 2001 City Council Special Meeting: F. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: G. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: H. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 town homes, 17 office lots and 1 0 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: J. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law of Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: J. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: K. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. i Meridian City Council Meeting September 18, 2001 Pg.3 Development, Inc. - Franklin Road west of Locust Grove Road: L. Findings of Facts and Conclusions of Law for Approval: PP 01-025 Request for a Conditional Use Permit for a Day Care Center for approximately 100 children in a C-G zone for The Learning Garden Day Care Center by Shanalee Slade - 1230 West Overland Road: M. Findings of Facts and Conclusions of Law for Approval: PFP 01-002 Request for Preliminary/Final Plat approval of 4 building lots on 10.98 acres +/- in a proposed I-L zone for proposed Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: N. Findings of Facts and Conclusions of Law for Approval: V AR 01-010 Request for a Variance to delete the requirement for subdivision street buffers to be on a common lot, maintained by business - owners association in an I-L zone for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: o. Findings of Facts and Conclusions of Law for Approval: V AR 01-011 Request for a Variance to delete requirement of 35-foot buffer width for entryway corridors and maintain existing 20-foot buffer width and to delete requirement of the 25-foot buffer between Intensity Class I and Class IV and maintain the 20-foot width for Presidential Subdivision by Dakota Company, Inc. - southeast corner of East Presidential Drive and North Eagle Road: P. Findings of Facts and Conclusions of Law for Approval: RZ 01-006 Request for Rezone from I-L to L-Q zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Q. Findings of Facts and Conclusions of Law for Approval: PP 01-014 Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I-L and L-Q zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: R. Findings of Facts and Conclusions of Law for Approval: V AR 01-012 Request for a Variance to the Landscape ( Meridian City Council Meeting September 181 2001 Pg.4 Ordinance for Elixir Properties Subdivision by Paul Clayton - 521 North Eagle Road: S. Findings of Facts and Conclusions of Law for Approval: CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: T. Findings of Facts and Conclusions of Law for Approval: CUP 01-027 Request for a Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C-G zone for the University of Phoenix (office) by Rocky Mountain Management & Development, LLC - 3080 Gentry Way: U. Agreement with Blakeslee and Associates: v. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Bird: Council, adoption of the agenda. Is there anything that we need pulled or -- on the Consent Agenda or any changes you see? I believe that we received a letter from Baltic Place, which is I J and K, which I believe we probably should take off the Consent Agenda and move to 5-1, 5-J and 5-K. Also I believe Item V, granting appeal for Walter Morrow, would like to be pulled to 5-V and 1 don't believe there is any in the Regular Agenda that -- yes, Shari? Stiles: President Bird, did we need to remove F, G, and H from the Consent Agenda to discuss those changes? Bird: Yes that's true. F, G, and H needs to be moved to 5-F, 5-G, and 5-H on the Regular Agenda. Without any other changes, I would move for the adoption of the agenda. Anderson: Mr. President? Bird: Mr. Anderson. Anderson: I would make a motion that we approve the Consent Agenda, with the exception of moving Items F, G, H, I, J, K, and V to Item 5 on the Regular Agenda. De Weerd: Second. Bird: Okay. It's been moved and seconded to approve the Consent Agenda with the exceptions of F, G, H, I, J, K and V being moved to 5 on the Regular Agenda ( Meridian City Council Meeting September 18, 2001 Pg.5 [' under that order. All in favor say aye. Roll call? Roll call. 11m sorry. Okay. 11m sorry. Roll call vote, please. Berg: Thank you, Mr. President. Roll call vote, Members of the Council. Roll Call: De Weerd, aye; McCandless, aye; Anderson, aye; MOTION CARRIED: ALL AYES Item 4. DEPARTMENT REPORTS: A. TREASURER'S DEPARTMENT: 1. Finance Report. Bird: Okay. The next item is department reports. Treasurerls Department. Stacy? Kilchenmann: Okay. Members of the Council, did everyone find their financial statements in your box? Okay. The first thing -- I think 11m going to -- would like to try to move the finance report to the third meeting, because it would -- to try to get the financial information out in a more timely manner, if there is not an objection. 11m doing it this time, because 11m going to be gone next week and no one on my staff volunteered that wanted to do this, but ifs kind of -- Anderson: Did you say third meeting? This is the third meeting. Kilchenmann: Yes. Bird: This is the third meeting. Kilchenmann: Yes. We usually do it -- I think usually do it the fourth meeting, the last meeting. So thafs something to consider. Okay. The first thing I will look at are the investments in that first page in your report and we did get more cash moved, but this is not a good time for investing, so our investment advisorls strategy is going to be to keep that in short-term liquid investments and when the market improves he will be able to move it into a little longer term investment, with hopefully a higher interest rate. So if you look on the second page, the top one, it says FY -2001 investment income, where it graphs the interest rate, that would be our aggregate interest rate for everything together. You can see it's still going down. But if you look at the bottom graph where we show a comparison of our investment balances from year to year, we have reduced the amount that we are holding to simply in cash and the treasurer is working -- we are working on some cash projections and I think we can move a little bit more out. If we look at the financial statements themselves for August, you see we are just really -- essentially the year is pretty much over. There is nothing that has varied or really changed from the projected budget trends, just still hoping that the police are { Meridian City Council Meeting September 18,2001 Pg.6 ( going to get in a budget. They have just I think enough to squeak by from last month, so the year is essentially over for the police. Revenues on the last page of the graphs, as I mentioned before in the last couple years has been an over- exaggeration or an error in the water budget, so if we remove that, both water and sewer are now trending where we would expect them for this time of the year. Everything looks normal there. And lots of capital projects in both -- in all funds is complete, so you will see them trending far short of their actual budget. So that's all I have for now. We are getting ready for the audit. That's our next big project. Are there any questions? Bird: Any questions from Council? Anderson: I have none. B. PUBLIC WORK'S DEPARTMENT: Bird: Nice job, Stacy. Next up department report, Gary Smith, Public Works Department. Smith: Thank you, Mr. President, Council members. I will turn the microphone over to Brad Watson, city engineer, to review these projects for you. Bird: Thank you. 1. Agreement for Professional Services - Water System Telemetry Upgrade: Watson: Thank you, Mr. President, Council. The first item we have is an agreement for Professional Services, ACS, and I think you have a copy of a memo that our new staff engineer wrote to me that described in detail what we are to do that involves both programming and installation of some software, as well as some documentation of what we have got. It also includes some new software. And the total amount on that is $18,003.07. And unless there is any questions, we'd recommend that City Council award the contract for the Water System Telemetry Upgrade to Advanced Control Systems in that amount and authorize the Mayor to sign and the Clerk to attest. Bird: Any questions, Council? Okay. Hearing none, I'd entertain a motion. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I'd make a motion we award the contract for the Water System Telemetry Upgrade to Advanced Control Systems in the amount of $18,003.07 and authorized the Mayor to sign and the Clerk to attest. ( Meridian City Council Meeting September 18, 2001 Pg. 7 McCandless: Second. Bird: It has been moved and seconded to award the Water System Telemetry Upgrade to Advanced Control Systems in the amount of $18,003.07, authorize the Mayor to sign and the Clerk attest. Roll call vote, Mr. Clerk. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Bird: Okay. Brad, second item. 2. Vienna Woods Latecomer Agreement: Watson: Thank you, Mr. President, Council. The second item is the Vienna Woods Latecomer Agreement. It's a latecomer agreement that covers both the lift station, pressure sewer, which is one agreement, and then the second agreement is for a water line. The one thing that I need to point out to you is in the last couple of days the final fee was adjusted upward slightly, whereas in your packets the fee is -- for water is 962.22. It has been recalculated and the developer has agreed to this, obviously, to a fee of 974.28. And the sewer -- pressure sewer lift station fee has risen from $615.80 up to $623.52 and we went over those costs with the developer, agreed to that, and unless there is any questions, we would also recommend that the Council approve the latecomer agreement proposed fees in those revised amounts and authorize the Mayor to sign and the Clerk to attest. Bird: Council, any questions for Mr. Watson? Anderson: I have none. Bird: Okay. Hearing none, I'd entertain a motion. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we approve the latecomer agreements for Vienna Woods Subdivision for a water line with the amounts stated by Brad Watson for the fee adjustments in the amount of 974.28 and 623.52 for the lift station. De Weerd: Second. ( Meridian City Council Meeting September 18,2001 Pg.8 Bird: Motion made and second to approve the Vienna Woods Latecomer Fee Agreement, as stated by Brad Watson. Roll call vote, Mr. Clerk. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES 3. Five Mile Sewer Trunk Latecomer Agreement: Watson: Thank you, Mr. President, Council. The third item is the Five Mile Sewer Trunk Latecomer Agreement. That hasn't changed since it was transmitted to be included in your packets. There is evidently a letter from the Woodbridge developer regarding this item that was sent sometime to the city clerk and I would trust that you have that in your packets. I would be happy to entertain any questions. Bird: Council? De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: Brad, what is the issue and the timeliness of passing this action item? This letter dated September 18th, today, requests that we defer this. Have you looked at this letter and have you had an opportunity to talk to the O'Neills? Watson: Councilwoman de Weerd, Chairman -- President Bird, Council Members, I just looked at this about ten minutes ago and I don't know that there is a great urgency in passing it tonight, although work has been going on on this for quite some time. Bird: Brad, in the letter it states that they just received -- which I take it was the 17th, the latecomers fee from Bruce. How would we have -- you know, and then we will pass it and then when the developer didn't get it until -- this was on the agenda, so it had to be on by Friday, the 14th. Watson: President Bird, Council Members, I'm -- other than that's when it was completed when it was drafted last week, when we finally got it done, I guess this has sort of been a long time coming, we thought there is no sense in waiting weeks more to get it on. At the time we weren't aware of any objections. Bird: Has this been discussed with the developer out there prior with the cost and stuff or when he got it the 17th, was that the first time he had seen the actual costs of what the agreement was going to be, when he got the invoice? Meridian City Council Meeting September 18,2001 Pg.9 Watson: President Bird, Council Members, I'm sure that was. That's the first time that we had seen it, too, in its final form. I don't know if there were any estimates prior to that that were being charged against the homes in that subdivision. Maybe Gary can answer that. Maybe not. Bird: Don't you believe, then, it would probably be appropriate to table this thing until we work it out with the developer and -- I mean that's kind of a short notice when this is in our agenda -- in our packet Friday and he don't get -- he don't get his until the 17th. He did respond with a letter asking that we would delay this until he can get together with Gary and yourself, Brad. Watson: President Bird, Council Members, I don't have any objection to that. I think it's a pretty standard calculation format that we go through, but we can discuss it with them. Bird: Council, what's your pleasure regarding it? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I guess I would make a motion, then, that we table this one until the -- until October 2nd and give the developer a chance to at least discuss his concerns with Brad and Gary. It just doesn't appear that there is a big rush on this and, obviously, he has a number of concerns and I'd like give him the opportunity to voice those concerns. Bird: It's been moved and seconded to table this until October 2nd, 2001. All in favor? MOTION CARRIED: ALL AYES Bird: Next item, Brad. 4. Award of Contract - UV Equipment at Wastewater Treatment Facility: Watson: Okay. The next item is award of contract for the ultra-violet disinfection equipment at the wastewater treatment facility. This is a procurement only bid where we solicited just the equipment to be installed later by a general contractor as part of an overall larger project. And we received one bid, which we expected. It's the same equipment that's already installed out there, it's down to the model and make, and it came in quite a bit lower than our engineer's estimate. It was at 117,100 and I would be happy to answer any questions, but unless there are ( Meridian City Council Meeting September 18, 2001 Pg. 10 any, we recommend the contract be awarded to Trojan Technology in the amou nt of $117, 1 00 and authorize the Mayor to sign and the Clerk attest. Bird: Council, any questions for Brad? De Weerd: Mr. Mayor -- I mean Mr. President. Bird: Mrs. de Weerd. De Weerd: Sorry. I move that we approve the award -- we move the -- approve the award for contract for the UV equipment to Trojan Technologies in the amount of 117,100 dollars and to authorize the Mayor to sign and the Clerk to attest. Anderson: Second. Bird: Okay. It's been moved and seconded to approve the contract for the UV equipment to Trojan Technologies for the sum of $117,100 and authorize the Mayor to sign and the Clerk to attest. Roll call vote, Mr. Clerk, please. Berg: Thank you, Mr. President. Members of the Council, roll call vote. MOTION CARRIED: ALL AYES 5. Award of Contract - Drilling of Wells 23 and 24: Bird: Brad, Item No.5. Watson: Item No. 5 is a -- it's an award of contract for the drilling of Wells No. 23 and 24. No. 23 is in the Silverstone -- will be in the Silverstone Subdivision, 24 will be in a lot already owned in Tumble Creek Subdivision. We are trying to get some economy of scale here on these and I don't know that happened, but the prices didn't go up either and it's that we got one bid from the same driller that's done the last -- let's see here -- six. It's Riverside of Parma. And we would recommend that the Council award the contract to the drilling of Wells 23 and 24 to Riverside in the amount $356, 161.28 and authorize the Mayor to sign and the Clerk to attest. Bird: Any questions, Council, for Brad? Hearing none, I would entertain a motion. McCandless: Mr. Mayor -- Mr. President. Bird: Mrs. McCandless. ( ( Meridian City Council Meeting September 18, 2001 Pg.11 McCandless: I move we award the contract for the drilling of Wells No. 23 and 24 to Riverside, Incorporated, in the amount of $356,161.28 and authorize the Mayor to sign and the Clerk to attest. Anderson: Second. Bird: It has been moved and seconded to award the contract for the drilling of wells No. 23 and 24 to Riverside, Incorporated, for $356,161.28 and authorize the Mayor to sign and the Clerk to attest. Roll call vote, Mr. Clerk, please. Berg: Thank you, Mr. President. Roll call vote, Members of the Council. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Bird: Okay, Brad, No.6, re-award of Contract for Clarifier. 6. Re-Award of Contract - Clarifier No. 3 Re-Coating Project: Watson: Right. No.6. You have seen this one before. We ended up having a little bit of a problem with the low bidder on that project who couldn't secure payment of performance bonds. We notified them that we were proceeding to the next -- the second low bidder and there is two issues here and we have kind of requested or recommend Council action in a weird way, because our staff engineer isn't getting a real warm feeling from the second low bidder either. We want to logically award the bid to the second low for Diversified Coatings for $21 ,500 and hopefully -- I would hope that you could make a motion that if they failed to provide these bonds, these required bonds, that we could sign a contract with the third low bidder Frontier Construction in the amount of $31,020. The second issue here is there is a bid superior required on all of these and we have a thousand dollar certified check from the initial low bidder and we need a little direction. Our staff engineer has contacted Bill Nichols and we just want to make sure we are all on the same page, if we keep this or if we want to send it back to them. Bird: Brad, the second low bidder, did they send in a cashier's check or did they get a bond -- bid bond? Watson: Mr. President, Council members, that -- I can't answer that. Bird: If they get a bid bond, then they are bondable, because if they give you a bid bond, they will bond you -- they automatically bond you, at least every time I have ever done that that happened. ~' - Meridian City Council Meeting September 1812001 Pg. 12 Watson: I just can't answer that for sure. Bird: And I think it said right in the specs and papers that if you couldn't come up with the performance and payment bond, that you forfeited your bid bond; right? Watson: I think our words say may be forfeited. There is some statute that I'm more concerned about that may require that to be applied to the difference between that initial bid and the second low bid and 11m not sure that that's the case. Nichols: President Bird, Members of the Council, my advice would be to forfeit the bid bond. Bird: Keep it? Nichols: Keep it. Yes. Bird: Council, what's -- have you got any -- De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I guess I would have a real problem with that on the advice of the attorney. There is a concern. There is a 10,000 dollar difference between the second and the third bidder, you know, is there a reason for that or -- Watson: Councilwoman de Weerd, Mr. President, Council, I don't have an explanation for that. I could get into some reference -- some verbal references that we were given by our contract inspector, but I don't think this is probably the place I should do that. We are pretty comfortable with that third and fourth bidder and he is pretty comfortable with the other. De Weerd: So you don't feel that it's out of line? Watson: No, I donlt. I think that the second low bidder, according to our contract inspector who knows them, can adequately do the job. Our initial estimate on this project was 40,000 dollars, and which doesn't -- we are not very good estimators of the coating, but -- for what that's worth. De Weerd: Okay. Thank you. I have nothing further. Bird: Council, any other -- okay. I would entertain a motion to award the contract to the second low bidder, if they are bondable. And then they are asking if they are not bondable, I guess to go to the third low bidder, if hels bondable. ( Meridian City Council Meeting September 18, 2001 Pg. 13 De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I have just one other question of the attorney. Is this accepted practice by lining them up like that? Nichols: Councilwoman de Weerd, President, Members of the Council, upon the failure of a successful bidder to qualify for the actual contract after the bid's been awarded to them, you can go up the line to those who bid on the project. De Weerd: Okay. Well, with that, then, Mr. President, I will make a motion to recommend approval of the award of contract for Clarifier No. 3 Re-coating Project to Diversified Coatings in the amount of $21 ,500 and to authorize the Mayor to sign and the Clerk to attest. If Diversified Coatings is unable to enter into the contract for any reason in the allowable time period, the contract will then be awarded to Frontier Construction in the amount of $31 ,020 and authorize the Mayor to sign and the Clerk to attest. McCandless: Second. Bird: It's been moved and seconded. Discussion? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I don't know, I agree with the awarding of the second low bidder if the first one is defaulted, but I have a little bit of a conflict with going down a third one, saying, well, if you default, then it goes to this one. I think if the second one defaults, my opinion is the project ought to be re-bid. I think that's -- we are just dominoing effect and there is no reason for us at this point to believe that the second bidder, Diversified Coatings, wouldn't be responsible and be able to do the work. De Weerd: I think there is a time issue here with weather and if that's -- Bird: I think there is a time issue and I disagree with the domino effect, but I agree with you, I think that we should just award a contract to the Diversified Coatings. We can't award -- you basically can't award two contracts like this motion was saying and that's basically what you're doing is you're just, you know - you got to award one and they do have a time period. I don't know what your specs call for, but how long are these bids good for, 45, 60, 90, days? What is our -- r' ~, Meridian City Council Meeting September 18,2001 Pg. 14 Watson: Mr. President, Council Members, typically they are valid for either 30 or 60 days. I would think that on the smaller ones it's a 30 day thing, what we thought was a slam dunk and, obviously, it's not turning out to be that way. The one thing that I can tell you about the time line is we can't actually issue a notice of award until you make a motion, we prepare that, send it out, and it starts a ten- day calendar in which they can provide those bonds and that was our concern is if the second one fails at that 10th day -- well , actually, the 11 th day, then we have to come back and reschedule, so we could be losing as much as two, maybe even three weeks, depending on the Council agenda, and this is, as you were stating, not a cold weather project, so we would be pushing it to spring is what we would be doing. But if that's the way you feel comfortable -- Bird: What kind of a bid bond did the second bidder bring in? Did they bring in a cashier's check or did they bring in a bid bond from an insurance company? Watson: President Bird, Council Members, again, I don't know for sure. I wasn't the one handling this project, so I can't say. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: The attorney seemed to think that it wouldn't be an issue. Staff felt comfortable that the second one would most likely fulfill its requirement, so I don't know if it's really an issue, but there is a time element here. It would be nice to be sensitive to it. Bird: We have got a motion on the floor. Anymore questions? Roll call vote, Mr. Clerk, please. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Watson: Thank you, Mr. President, Council. c. PARKS DEPARTMENT: 1. Skateboard Facility of Tully Park - Bid Award: Bird: Okay. Item C, Parks Department. Mr. Kuntz. Kuntz: Mr. President and Council. We opened two bids yesterday, Monday, September 17th. The first being for the Tully Skate Park. As you can see from this memo, the architect's estimates were approximately $128,000 or 12 dollars a ( Meridian City Council Meeting September 181 2001 Pg. 15 square foot. We had two bidders at low bid, being RSCI at $204,000. After lengthy discussion today with the land group, there does not appear to be any clear justification for the vast difference between the architect's estimates and the bids. The land group was in touch with one other bid holder to find out why they had nit bid on it. Their response was that their concrete prices range from low to very high, so they did not bid on the project. They contacted one of the bidders to find out what some of their costs were. For some reason the excavation costs were a quarter of the bid, $2,000, and the landscape architect is not real clear why that is. They also contacted several companies outside of the city to find out what the going rate is for building skate parks and these are the companies who do this as a specialty item and they support the 12 dollars per square foot price. As you can see, the low bid is almost 20 dollars per square foot. Our recommendation tonight is to reject both bids and that we will come back to you at next week's meeting with some options. And I can certainly discuss those with you tonight, but would like a little more time to research them before I -- Bird: Council, any questions? De Weerd: Just disappointment. Bird: Yes. Big time. I can't believe $20 a square foot. That's -- Jimany Christmas. McCandless: Very hefty. Bird: That's very hefty. Tom, do you have any idea what Eagle bid -- what they paid for their skate park? Kuntz: They built a 12,000 square foot facility for between 140 and 150. The reason they were in shock is that they built their whole Phase One for a little over 300,000. That included a parking lot, a skate park, roller blade, restroom, for I believe 320 or 340. So they were in a state of shock as we were. McCandless: Tom, do we need an extra parking lot? Bird: No. Kuntz: No, malam. McCandless: Then the parking you have got listed back here is for the Chateau? Kuntz: Yes. Bird: Council, what is your pleasure? De Weerd: Mr. President. ( Meridian City Council Meeting September 18, 2001 Pg. 16 Bird: Mrs. de Weerd. De Weerd: I would recommend rejecting all bids related to the Tully Park Skate Project and ask staff to report back options on our September 26th or 25th meeting. Anderson: Second. Bird: Second? Okay. Move and second to reject all bids regarding the Tully Park Skateboard Park and have staff report back on the 25th of September to the City Council with some options. All in favor say aye. MOTION CARRIED: ALL AYES Bird: Next item. 7. Chateau Park - Bid Award: Kuntz: The second one brought better news. That was for Chateau Park. We had a single bidder, which was KJ Corporation for the lump sum of $256,081. The architect's estimates were 336,632. We reviewed the individual bid items, staff did, and it appeared that there were two items that were fairly high, hydroseeding and the irrigation system. Specifically the hydroseeding was double what we just paid to have some work done at the pathway. What we are recommending tonight is that we delay approval one week to give us time to talk to our attorney, as well as KJ Corporation, possibly pull one of those two items, probably the hydroseeding. We would save $15,000 right off the top and we would do the hydroseeding outside the contract with a company that we use on a regular basis. Bird: Any questions? De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: How long would this delay -- would it delay the time table of this park? Kuntz: What I would hope is if I could get a fairly clear indication tonight that the Council would approve this next Tuesday, we would meet with our attorney and then KJ Corporation and get all the bonds and everything in place, so that when the Council would approve it next Tuesday, then they could actually start work towards the end of next week. So it has the potential of delaying it five days or the potential, depending if I get some clear direction tonight, of only a couple days. ( Meridian City Council Meeting September 181 2001 Pg. 17 Bird: Tom, I don't think it's an appropriate habit to bid bids and have sections and stuff and then come in and decide that they can do one section of it cheaper. I don't think it's fair to the people and maybe that's why we are getting two bids on one and one bid on another one. I think you go back and ask the low bidder if he can take some money out somewhere or do some stuff. I don't -- I just don't -- and then if he can't, then I guess we can do something else. I just don't think thafs -- I don't think that's an ethical practice, to be truthful with you. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: Yes. I was just going to comment the same. I mean I have been in business before where you do estimate and sometimes you may under bid certain aspects and make it up on others and I think the bottom line is that this total bid came in well under the architect's estimate and he was the low bidder and I think if you go in and start trying to pick a bid apart like that and try to find ways to cut corners and pull things out of there that you can do yourself, I think that's part of the reason why it would make other people reluctant to bid on projects and maybe that might be part of the reason why these other two bids are so high. I just donlt think itls a good practice myself and I wouldn't recommend doing it in this case. Bird: Any other questions? Okay. What is your a pleasure, Council? De Weerd: Well, does Tom have a further comment? Kuntz: No. Just that -- I guess my first comment would be we certainly donlt want to get in the practice of doing that and when we compared all the individual pay items, everything else was well within line. The one that was, I gues$, hardest to swallow was that the hydroseeding was double. Welve paid five to six cents a square foot and this was 12 cents a square foot. It is an item that would be the very last thing to be completed as part of the project. Everything would be in place, the fine grading would be done, and it would also possibly release the contractor from the contract sooner, depending on the weather. If we get into bad enough weather and choose to wait until spring to hydroseed, it would release the contractor from that responsibility. So that was the other reason we thought it would be a -- have a win situation is we save 15,000 off the top. You do need to keep in mind that we are still planning to build the restroom ourself by buying the materials and hiring someone to build it, as well as there are some amenities, trash cans, drinking fountains, and those type of things that we still need to include in this and have not had an opportunity to discuss this with the KJ Corporation. Meridian City Council Meeting September 18, 2001 Pg. 18 De Weerd: Well, I would agree with what Councilman Bird and Anderson were saying about splitting up the bids and I appreciate you being frugal, but I do see that they have a good point and so -- Bird: What action do you want to take? Do you want to take their recommendation and delay this until next week and let them have a chance to talk to KJ? De Weerd: And talk to them about what? About-- Bird: Essentially the price of -- De Weerd: Affecting the prices or -- Kuntz: Well, we really wouldn't discuss all the prices, we would discuss pulling the hydroseeding out of the contract is what we would discuss with them. De Weerd: Okay. Well, I think we need to keep the bid intact. Bird: Motion? You either award it or you don1t. Council, what is your pleasure? De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I move that we approve the bid for KJ Corporation for a lump sum of $256,081 and have the Mayor sign and the Clerk attest. Anderson: I would second that. Bird: Okay. Discussion? Hearing none, we have a bid to accept the Chateau Park bid from KJ Construction for $256,081 and for the Mayor to sign and the Clerk to attest. Roll call vote, Mr. Clerk, please. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Bird: Thank you, Tom. Kuntz: Thank you, Mr. President. Item 5. (ITEMS MOVED FROM CONSENT AGENDA) ( Meridian City Council Meeting September 18,2001 Pg. 19 Bird: Get started on it. Okay. Council, first item five -- under five is 5-F, G, and H. We will take all -- 5F, 5G, and 5H all at the same time. Staff? 5-F. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Prirneland Development Company - 2420 Ustick Road: 5-G. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: 5-H. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Stiles: Mr. President, Council, there were several issues that came up regarding this. I believe Ms. Bowcutt may have had a conversation with Tammy de Weerd earlier. She discussed some of the items. I don't know what the outcome of that discussion was, but I think it would probably be best if Ms. Bowcutt got up and stated her position on some of those findings. I don't have any particular objection to the changes she's requested, but I would like a clarification from legal counsel as to what the -- what their opinion is regarding the request to include the entire Conditional Use Permit when we have not seen the entire plat at this time. I guess my personal feeling is it should only be for -- the Conditional Use Permit approval should be approved in detail for what's been presented as a preliminary plat. Maybe we could approve the concept of the entire subdivision, but I think if you get down to the exact number of lots, we haven't determined what that exact number will be. So I just wanted to know what Mr. Nichol's opinion was on that portion of her request. Nichols: President Bird. Bird: Mr. Nichols. ( Meridian City Council Meeting September 18,2001 Pg.20 Nichols: Shari, are you specifying -- are you talking about that question that came up with regard to the CUP findings as to whether it should indicate the number of lots that were in a specific proposal versus the total potential? Stiles: Yes. Nichols: Is that what you're talking about? Stiles: Yes. Nichols: Thank you. Bird: Would the applicant like to say something? Bowcutt: Becky Bowcutt, 12715 West Edna Court, Boise. Councilman -- or Council President and Members of the Council, there is just some housekeeping items. As Shari indicated, in the findings it referenced the number of lots associated with the preliminary plat. As you recall, we had three applications, annexation, a preliminary plat on only a portion of the project, and then we had our PUD or Conditional Use Application, which was approval of the concept as a whole. The drawings that we did submit were to scale, they did specify the exact number of residential townhome, commercial, and office lots. I just thought as -- reading through these findings, when it continued to reference only the preliminary plat, that maybe five years down the road when people change and so forth, that somebody may say, well, you know, this was not approved for 692 residential lots, it only says 259. I think in my conversations with Mr. Nichols a couple weeks ago was maybe you should reference both, that this is conceptual approval based on the number of lots that were specified on the concept, but preliminary plat or specific approval is only granted to the 259 and a new preliminary plat I think as a condition of approval was set forth in the original conditions that had to be submitted by I believe 2002 or something to that effect to accommodate the elementary. So it is recognized in there that that second preliminary plat will be coming your way on the project. I guess it's up to the Council. I just -- I just thought for, you know, safety purposes it should be referenced or at least recognized what we -- what was approved. Secondly, the issue was Settler's Irrigation. I Faxed over a copy of the new letter to Will and to Shari. Their board did reconsider. They will allow us to utilize the White drain as a water amenity in the event that we enter into an agreement with them and they also want to enter into an agreement with the city. It is their preference that that pathway along that drain be public. They will also accept our storm drainage if we can meet certain criteria and they will allow us to interconnect the pressure irrigation pond with the White drain. So they have made a reversal from the original comments that are incorporated in these findings. And that letter is dated September 18th. The other issue, I think Mr. Nichols cleaned up the issue on the setbacks. There was just a reverse number based on front entry versus side entry. And then there was some typos in the number of town home lots. And then ( Meridian City Council Meeting September 18, 2001 Pg. 21 / ( there was a typo referencing the office lots, I believe it referenced seven and there are eight. And I think I brought that to Marlene's attention. The memo that was just handed to you by Mr. Berg -- and I apologize, I have been out of town for a couple of weeks and I just got this information, these minutes on Monday, so I have been struggling to get this done. Councilwoman de Weerd brought up at the August 8th meeting when we deferred this -- these findings that she had some concerns. What I have done here is basically typed verbatim the reference of the page and section items that she had concerns with. Her question was that the north corridor planning process has been expanded beyond transportation and that condition as written by Mr. Nichols just emphasized transportation. In going back to the July 3rd minutes of the discussions which Mrs. de Weerd was included in, Councilman Bird, Councilman Anderson, made statements to the same effect, that transportation was the critical issue. At that time -- that was prior to this north corridor process being expanded to look at the other issues. We have been an active participant in this process with this north corridor, we haven't missed a meeting, we attend all workshops and we are participating financially in providing monies for the consultants that are being utilized to come up with some of these overlays. One thing I wanted to stress, that part of that process is identifying school sites, park sites, pathways, dealing with emergency vehicle -- or emergency services and so forth. We have included a park -- a private park on our site, an elementary school site, our collector roadways, public pathways, and the mixed land uses. So we basically incorporated what we were trying to do on a larger scale in this north Meridian area. We are a participant, because we still have an additional 400 acres that's in that corridor. We have this property also. And so we will continue to participate and do everything we can to make sure that that area is planned properly. So we feel that since that process is ongoing and at the time, based on discussion and the motions that took place, transportation was the critical issue, we felt that the condition as written by Mr. Nichols was appropriate. The second question was the stub street under page seven, section four, item A on the preliminary plat findings concerning the stub street to the Anderson parcel. Mrs. de Weerd's concern was that is the language strong enough. I just want to state that the condition does say shall provide stub street, which basically is a mandate. We did provide two lot concepts to the Andersons showing a stub street either at the south or the east, whichever worked best. They indicated that their preference was to the south, because they couldn't be assured that their neighboring property -- or their neighbor would participate with them and they are the largest property holder of the three parcels. So we have in our concept adjusted that location and we have indicated to the Andersons that we will coordinate that with them and their engineer as far as the exact location, because we have a common lot there, so we have latitude to move that stub street. Secondly was the -- or thirdly was the issue of pathways. Councilwoman de Weerd was concerned about the clarity of the condition and then brought up the issue of the Five Mile Creek within the first phase of the original Bridgetower. We have always been open to the idea of the internal pathways being -- the possibility of them being public as we build them through this project, especially along that White drain. Settler's encourages that. (, Meridian City Council Meeting September 18, 2001 Pg.22 So I donlt think we have deviated on that. We have agreed in writing to work with the Parks and Recreation Department on coordination of pathway locations and widths and how all these will intersect and I will be beginning those meetings here shortly, since I just got back into town. One issue was about the first phase of Bridgetower. We were required -- I went back through the comments. We were required to interconnect a micro path to the first loop on the western side and that intersected with Five Mile Creek. One of the main discussions on that original first phase was the fact that Five Mile Creek was not owned by us. There was a hundred or hundred twenty foot swath that was under Bureau of Rec which now is under Nampa-Meridian. So it was considered an off-site improvement. Therefore, it was determined that we would build a pathway to intersect with it. Also the last time I was out there after they put the Five Mile Creek relief line, they had gone in and they had added gravel it looks like ifs been compacted, so it is a pretty nice gravel path now as is. But we will be working with Tom in these pathways. The creeks and lateral that we are piping along are -- cuts through our eastern side. We will be providing a 12 foot pathway. It will also double as a Nampa-Meridian vehicular access. We will loop that down and intersect that with Five Mile Creek. We are leaving the existing bridge thafs out there thafs been used by the farmers, to interconnect that with the sidewalks and our pathways and our park. So we feel that the pathway issue is in control. The condition requires that we coordinate with your parks director. When we bring in a final plat if hels, obviously, not satisfied with the pathway locations or something about that, then he will have an opportunity to comment and you guys will have an opportunity to take a shot at me. Hopefully, we donlt come to that. So I feel -- I guess the way the conditions have been written by Mr. Nichols, that they are pretty much in line with what we have agreed to and with just some minor housekeeping and the issue of shall we -- should we include the reference to the concept and the lots that were in that PUD. Thank you. Bird: Is there any questions for Ms. Bowcutt? Nichols: President Bird. Ms. Bowcutt, with regard to the Settlerls Irrigation letter, on the indemnity agreement are they referencing something like a license agreement that we have had with Nampa-Meridian for pathways there? Bowcutt: Yes, sir. And they have a copy and they have reviewed it and their attorney indicated that to me. Bird: Thank you. De Weerd: Mr. President. Bird: Mrs. de Weerd. Meridian City Council Meeting September 18, 2001 Pg.23 De Weerd: Shari, have you had a chance to look at these findings and have any comments? We have kind of a collection of notes here from Ms. Bowcutt and our attorney on some of the changes and I feel comfortable with the response from Becky on my issues, but there does remain one, though, on the Conditional Use Permit, page seven, number nine -- and it might be nine or ten. It has to do with the collector roads and we had a new plat that showed access off of McMillan, but it wasn't reflected in the findings. Stiles: I guess my response to that would be that the findings should reflect maybe the number of lots and the concept of a planned development, but should not indicate any kind of approval of the street configuration or the school site or-- there was no approval of any of that as far as I'm concerned and that may still be up for some changes with the new overlay district. So that will be up to future approvals by the Council. As far as Conditional Use Permit, if they want to reference both the specific approved detailed plan and the reference to proposed future number of lots, then there weren't any other uses in the future portion, except for the school and -- De Weerd: Residential and some offices. Offices and townhomes. Stiles: Just where the concept of that in the eastern portion of the development, but I don't think we should get into approving -- any type of approval for the configuration of it, if we need to tweak that a little bit based on the new overlay. De Weerd: So did you have specific comments about the findings in front of us, what to delay or -- Stiles: I agree with all of the changes suggested by Ms. Bowcutt, except the only clarification I wanted to be made was regarding the planned development portion of it to the CUP. De Weerd: Which was in what finding? Stiles: It was referenced in a couple different, but -- different findings. I don't have those findings with me tonight, but I believe -- De Weerd: Shall we just take a broad brush and say omit those? Stiles: To omit the -- De Weerd: Preferences. Stiles: Well, I believe Mr. Nichols suggested or Becky suggested or -- I can't remember which -- that we might reference both the specific detailed plan that was approved and the overall concept in this Conditional Use Permit, which I believe may need to be reflected also in the annexation ordinance and the {';"-1 - ( Meridian City Council Meeting September 18,2001 Pg.24 development agreement -- the annexation findings in the development agreement just as an overall concept, but not a specific detailed plan approval. Does that not make any sense at all? De Weerd: Are we clear on what her comment is? Nichols: Councilwoman de Weerd, President Bird, Members of the Council. Yes and no. Is that a good lawyer answer? De Weerd: Well, I'm kind of there, too. Nichols: What we have got to work on is we have to have some specific -- what you're asking us to do is come up with some specific language that takes into account the concept which could include up to 692 lots, but not bind you to a specific layout with this additional area that was annexed or is proposed to be annexed. That's what you need us to do. And then present that to you specifically up or down or -- I mean that's what we are struggling with, I think, is we have got -- these findings had to be so detailed they took into account some of the things, like the annexation zone, development plat, and the CUP, and we are afraid that somehow or another, particularly given the size of the project, that we may miss something which either ties the city where it doesn't want to be tied up or binds the developer where the developer doesn't have the concept issues to take care of. So we could -- I hate to defer this anymore, but we could defer it again and then Shari and I could sit down and come up with some specific language, which we would then have to approve specifically and we would have it to you in a memo or we would have it to you in a red line draft of the findings to where you could see what was in or out. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I would prefer a red line draft at this point. You know, there is a number of corrections and I'd like to know where we are at. And I hate to defer it any longer, too, but this is -- I have a hard time approving findings without knowing what they say. Anderson: I agree. Bird: Okay. What's your pleasure? De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: Do you want me to make two separate motions or to do it all in one? Meridian City Council Meeting - September 18, 2001 Pg.25 Bird: Yes. Three separate. De Weerd: I move that we table the Findings of Fact and Conclusions of Law for Bridgetower Crossing for annexation and zoning of 371.42 acres from RUT to R- 4 and C-G zones for a planned development consisting of residential, office, and commercial uses to October 2nd. Bird: Okay. Do I hear a second? Anderson: Second. Bird: Okay. Motion has been made to table the Findings of Fact and Conclusions of Law for the Bridgetower annexation and zoning of 371.42 acres. Roll call vote, please, Mr. Clerk. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Bird: Okay. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I move that we table the Findings of Fact and Conclusions of Law for the request for preliminary plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for the proposed Bridgetower Crossing Subdivision to October 2nd, 2001. Anderson: Second. Bird: Okay. Motion and second to table the Facts and Conclusions of Law for request for preliminary plat on 336 building lots and 58 other lots on 175.91 acres by Primeland Development in the Bridgetower Crossing Subdivision. Any questions? Hearing none, roll call vote, Mr. Clerk. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting September 18,2001 Pg.26 De Weerd: And then, finally, I move that we table the Findings of Fact and Conclusions of Law for Approval of Conditional Use Permit for request of 692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres for Bridgetower Crossing Subdivision until October 2nd, 2001. Bird: Okay. McCandless: Second. Bird: Okay. Motion has been made and second to table the request for a Conditional Use Permit on 692 single family lots, 59 town homes, 17 office buildings, 10 commercial lots, on 370.55 acres for Bridgetower Crossing until October 2nd, 2001. Any discussion, Council? De Weerd: No. Bird: Hearing none, roll call vote, Mr. Clerk. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 5-1. Item 5-J. Item 5-K. Tabled from September 4, 2001: Findings of Facts and Conclusions of Law of Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Tabled from September 4, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Meridian City Council Meeting September 181 2001 Pg.27 Bird: Okay. Council, next item is from the consent agenda I, J, and K, which we have moved to 5-1, 5-J, and 5-K, which is the Findings of Fact, preliminary request for annexation and zoning for the Baltic Place Subdivision and also the preliminary plat for Baltic Place and the Conditional Use Permit for Baltic Place. Staff, do you have any comments on this? Stiles: No, I do not. De Weerd: Does our attorney? Bird: Council, I believe we have had a letter delivered to us from Mr. Bradbury representing the applicant on Baltic Place, Council, regarding this and if the applicant would like to come forward and state the reasons for why this should be changed, tabled, or whatever. Bradbury: Thank you, Mr. President, Members of the Council, my name is Steve Bradbury, my office address is 225 North 9th in Boise. I represent the applicant. I did submit a request for reconsideration to you asking the Council to reconsider its proposed Condition of Approval No. 25. And, by the way, this is the condition of approval only on the Conditional Use Permit portion of the project and I know that you have got three sets of findings in front of you. We certainly have no objection with or complaint about Council's approval of the project, obviously. The objection that the applicant has is with respect to the condition of approval which would not permit the construction of the apartment portion of this project until the widening of Franklin Road has been completed. In trying to think through the Council's rationale for proposing that condition we came to conclude that it must have to do with the Council's thinking with respect to the traffic capacity of Franklin Road and the impact that this project would have on Franklin Road's capacity to carry that additional traffic and so in reviewing the record we spent a little bit of time looking at the traffic study which was prepared by Doherty Engineering and the Ada County Highway District report, which was, of course, prepared by the Highway District on this project, and we just could nit find any indication in the record that there was -- that there was a potential for this project to cause Franklin Road to exceed a reasonable level of service or carrying capacity. And I guess the part of the -- of the Highway District's report that I thought was the most important was what I quoted on page two of my letter to you, where it -- where the Highway District said Franklin Road has adequate existing roadway capacity to accommodate side traffic and will operate at an acceptable level of service of B or better and, of course, I'm sure you're familiar with their ranking systems, they go from an A to an F, B being considered, well, like what you might see on a report card, meaning good. I couldn't find anything in the record to suggest that this project would cause a capacity problem on Franklin Road and it seems to me -- and I think that the law would support my view -- and that is that in order for a condition to be enforceable -- legally enforceable, it needs to address an effect which is caused by that project. In this case we couldn't identify an effect which is ( Meridian City Council Meeting September 18, 2001 Pg.28 caused by this project, which would cause -- which would suggest that the project needed to wait until Franklin Road was widened. So that was really probably the primary legal thrust of the argument that I wanted to make with respect to the request for reconsideration. A couple of other points that I think might be worth noting and that is that we got the impression perhaps -- the applicant got the impression, perhaps, that Council wasn't entirely familiar with alternate routes of access in and out of this project. I sat through one of the two hearings that you had and, frankly, I didn't understand which road you guys were talking about either. But in the meantime we put together a map, which is attached to this drawing, which indicates that there are a number of ways to get in and out of this project or ways to, I guess, work your way through the transportation system without having to necessarily come in and out of Franklin and I guess that additional route of access is off from Kalispell, which goes east, I think, out of the project, and then you can work your way from there and you can make your way to Locust Grove or you can work your way to Watertower and from Watertower over to East 1 st and so there are other ways to get around. We just werenlt convinced that you had understood that that -- those additional routes were going to be available and so we were thinking that perhaps that additional information would help you. You're looking at me like you I think I'm crazy. Sorry I made -- I suppose that you will have a chance to tell me that here in a minute. The other thing that I thought was worth talking to you all about was the timing of development and it became -- in subsequent conversations it became clear that even were the Council to approve this project today, it would be probably two and a half years before there would be -- before those apartments would be filled up with people, be a year for -- a year for -- through the approval process and another year for the construction process and then probably another six months to get them filled up and at that point in time, from what we last understood that the Highway District has in mind with respect to Franklin Road, Franklin Road will probably be well on its way to being widened, if not completed by then. De Weerd: 2004. Bradbury: So the basic argument, I think we have got a legal one, we've got some factual information that perhaps may help you to see this in a different light. Our suggestion was that if the Council was inclined to reconsider and wanted to take into account any of the additional information, you might considered reopening the record, scheduling a hearing at some point in the future, and we can come and talk to you about these issues in a little bit more detail. Bird: Questions, Council? Steve, I do. I donlt know whether it's a question. You know, you say that you got all kinds of exits out of there. My biggest concern is no stop light in front of the fire station. That's my biggest concern, regardless of whether it's widened or not, and we don't get that until we get the thing widened. The south Adams -- or Adkins -- get my glasses on. Anyway, Adkins Road, it's not completed down to the water tower, nor do you know when it is going to be Meridian City Council Meeting September 18, 2001 Pg.29 completely completed. I mean it's been cut out, but it stops at Barnes' deal and then it's just -- just a rough road. I think it's just a roughed in there, because they have got to get Watertower through our police station. So actually -- and the only way -- the only thing you're going to dump onto -- I mean some people go up and dump onto East 1 st there at Zamzows, but they are still coming back to dump on Franklin Road. Like I said, my concern is the -- is the added traffic on Franklin Road with no fire -- with no light at the fire station. And that is really my only concern. I don't doubt that Franklin Road couldn't handle the traffic right now, but I think it's very dangerous there without the traffic light. Bradbury: Well, I guess -- Bird: With what we've got -- with what we've got traveling there now. Bradbury: I guess I understand what your fear is and your concern, but I think that what the Council is charged to do -- and I'm about to launch off into a bunch of legal talk -- but I think what the Council is charged to do, the Council is charged to take into account the evidence that's in the record and make its termination on that and I understand -- I understand that you have concerns, but the traffic studies and the governmental entity that is charged with making decisions about the transportation facilities in this county has concluded that the existing infrastructure can safely handle the traffic that would be generated by this project and it just -- I don't think that the Council is legally permitted to simply make its decision based upon fears and concerns that have not translated themselves into some factual evidence that's in your record. And correct me if I'm wrong, I haven't seen it. I just don't find where that - where the -- the evidence in support of what concern exists. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I appreciate you telling us what you think the Council's job is and -- from a legal standpoint, but we also have to take into consideration, I guess, some common sense things and we have talked about the fact that you would be building an apartment complex in here and we have got a park just down the road with no sidewalks to get there. Those were concerns that the Council had, as well as the fire station. We asked the applicant about this phasing of this project, so that maybe we could get an idea that the apartments might be coming later down the road when the road was improved. It was very vague, it was as the market dictates, so I mean we were left with not a whole lot of choice in this matter, but to put that provision or condition on there, that when Franklin was widened to five lanes, that then it would be safe, in our opinion, for various reasons, fire station, traffic. Right now we have numerous complaints from the people on Locust Grove that can't even get onto Franklin Road. They sit there for minutes on end waiting for a break in the traffic and if we add an additional { I Meridian City Council MeeUng September 181 2001 Pg.30 1 ,700 vehicle trips and it doesn't matter what an engineer tells me, common sense would tell me those people are going to be waiting to get on there and are going to cause some accidents and I don't need to kill somebody before I use common sense there. Bird: Any other questions? Respond, Mr. Bradbury? Bradbury: I'm not sure that I can. I guess I don't have a response for you. Again, I understand the issue. Unfortunately, I just don't think that there is the evidence that supports the notion that this project is going to cause that traffic hazard that you're talking about and that's what I think you need to be focusing on. I mean if that's the position that you're taking, it seems to me that you're in a position where you have got to say no to anybody that wants to put anything onto Franklin Road. Anderson: And, believe me, we take that into consideration with every project we look at. Bradbury: And I -- and you just need to understand that if it's not going to be -- it's not appropriate for the Council to single this application out. I mean there are projects that are being approved up and down -- I'm going to say throughout the vicinity that in some fashion or another -- or another are likely to generate some additional traffic on Franklin Road. And if you want us to talk about Franklin Road, maybe you need to talk about Overland Road and then you got to talk about Locust Grove Road and you have got to talk about Ustick Road and then you have got to -- just about any two lane road that you're talking about. I guess what 11m suggesting is that there needs to be a measure of consistency in the Council's -- in the application of the Council's power and discretion. And that's why I think the courts have said that there needs to be a causal connection between a condition and the effect youlre attempting to cure. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I think in particular it was the location we are talking about. It's in close proximity to our fire station, which has fire trucks coming in and out of there. One of the reasons we phased it like we did was because we allowed the commercial end and the residential to wait until there were sidewalks and traffic lights because of the safety factors and much of the development on Franklin is commercial, it's not residential, it doesn't -- this is for multi-family, we will have children in there, and in our decision-making process we do not think it's safe to put kids out on that road at this time, nor our fire trucks, and that was the determination that we made and I feel comfortable and say if you need to do something, do it. ( Meridian City Council Meeting September 181 2001 Pg.31 Bradbury: Well, that -- I understand. Thank you. Nichols: Mr. President. Bird: Mr. Nichols. Nichols: Mr. President, Members of the Council, one thing that I would ask the Council to clarify with regard to the findings is what stretch of Franklin needs to be improved or why you -- there was some discussion about having a widening project from East 1 5t all the way to Eagle Road and there is some additional discussion, I believe, that there would be -- the first portion to be widened would be Eagle Road -- or, excuse me, East 1 st to Locust Grove, then Locust Grove to Eagle. So whether -- the finding now says the widening of Franklin Road, but it doesn't specify between where, I don't think. De Weerd: I think Franklin, at our last conversation with ACHD, is -- the two mile stretch will be done in 2004, all at the same time. The stretch of road that we were most concerned about would be that area between where the two traffic lights would be for the fire station and traffic -- in stopping traffic both east and west going, so that the trucks can safely get out onto it. And, as well, that there would be constructed sidewalks for any of the children in the -- in the apartments that utilize it. So it was more the area between Stratford and -- Bird: East 1 st and Nola, basically. East 1 st and Nola. De Weerd: No. I think when we had the conversation it was mainly from South Adkins Way where the business park -- where ever you would put the stop light for the fire station and I can't remember -- yeah, Stratford and Adkins? Is that there the lights were going to go? Nola. Bird: They were going to go to Locust Grove. De Weerd: Start at Locust Grove. Nichols: Mr. President. Bird: Mr. Nichols. Nichols: Okay. If the Council chooses to address this -- this particular finding, you need to direct me to change that finding to reflect that the portion of Franklin Road that's referenced is that portion between Stratford and Locust Grove and then, secondly, I would ask the Council to consider changing the finding that construction could not begin until construction begins on that widening project, as opposed to waiting until it was finished. That would seem to a possible accommodation to the developer. I mean there is going to be some process where they actually started digging the roadways to widen the road and at that ( Meridian City Council Meeting September 18,2001 Pg. 32 ( point the road would be finished before the apartments would be finished, as opposed to waiting until they were all done. That's- Anderson: I mean my only concern with that is a lot of times with the widening of a roadway project they will start even as early as now with location of the -- relocation of some of the utilities and when you just put it in vague terms, like start construction, then that could be misconstrued. Did you mean starting to relocate the utilities that sometimes could be started two years in advance of the actual removing of asphalt cutting into the sub grade and that type of stuff. So I think you would have to be a little more specific than just when construction of that roadway starts. De Weerd: Could it be occupancy, you know, on completion of the road, something to that effect? Nichols: Councilwoman de Weerd, President Bird, Members of the Council, the problem with the occupancy, as I understand it, and it's raised by Mr. Bradbury~s letter, is a practical one in terms of the funding of the project in terms of what a lender would do. If you defer occupancy permits until the road is widened, the lender essentially doesn't want the project to get started, not knowing when the road is going to be finished, as far as occupancy permits. It would make the loan, if not impossible, nigh to impossible to get. Anderson: How about upon ACHD awarding the bid for reconstruction of this road or something like -- I mean that's a little more specific than just when construction started. Nichols: 11m just throwing that out as a possible accommodation to the -- Anderson: And 11m kind of like Tammy, I mean my first understanding was that ACHD was going to develop Franklin Road in one mile phases and then I'm of the same understanding she is now that now that's a two mile section that they are talking about there. I think our primary concern is the mile that goes from East 15t to Nola or where the Locust Grove will actually end up being ultimately. But I think both those mile sections are going to be done simultaneously, so if for some reason they separate those and break them into one mile sections, then I would say that the section that goes from Nola to East 1st, that -- Bird: Mr. Bradbury? Bradbury: Yes. Mr. Centers is asking if he might have an opportunity to address the Council for a moment. Bird: Sure. Real short. ( Meridian City Council Meeting September 18,2001 Pg.33 Centers: Lee Centers, 325 Meridian Street. You know, I appreciate the Council looking at some of these options. I worked with planning and zoning for probably six months, eight months on designing this project. Wasn't aware that there was a traffic problem. Would Council be more comfortable with an industrial site there? I mean is it the multi-family that's got your concern? If I had some assurety, you know, that this wouldn't happen again, I would redesign it and go with the industrial. No one ever said anything about, you know, that it would be a traffic in -- you know, we met with ACHD in the initial stages and that's usually your clue, you know, if there is going to be a problem down the road and, you know, we got a green light there, I got a green light from P&Z, and went to the drawing board, so -- Anderson: I guess I can't give you any guarantees, but I feel better with industrial. I'm concerned about having little kids in that area trying to make their way to the park and where ever else they are going to head to and I just personally don't feel that putting residential in the middle of all that commercial and industrial is a good idea. I mean when they get bored, they are going to go find mischief to get into and it will be breaking the windows behind a warehouse or something else. You know, and I would feel better with industrial in that area. Centers: Even the future land use plan shows that high density residential. Anderson: I understand. I'm speaking for me personally. Centers: But the problem with tying it with something that might happen at a certain time, you know, I just can't hold that property that long, you know, on something that ACHD is going to do in the future because it takes -- it takes a long time to get one of those approved, get one of them built, and get them up and leased out and, you know, I don't want to take that chance. I would rather just redraw it into industrial, if that's what you would like to see there. But, you know, I hope you can appreciate I don't want to do it twice or three times. Bird: Council, any questions? Statements? De Weerd: I guess we always had concern with the multi-family there and we thought that it was compromised with the timing of the road improvements as far as safety with the fire station across the street and the park down the street with the residential component and I, like Councilman Anderson, we are not going to give a blank guarantee on something that's not in front of us, but the phasing in was put in place because of the concern about the safety issue, because the road wasn't improved and there were not sidewalks and there would be kids involved, so -- Centers: Well, an industrial site would be simpler to Murdocks and Stonebridge and everything else that's in the area, but I just donlt want to, you know, give up what we have already got going if there isn't -- the widening of that road is just so ( l Meridian City Council Meeting September 18, 2001 Pg.34 far down the road, I mean it's three or four years down the road, you know, and if they get some delays in acquisition or whatever it is that, you know, right of ways and so on, it's just too long. Bird: What would your -- Mr. Centers, what would your time table be on doing your multi-housing, the -- as we were told here, the office -- it was seven lots or six lots of office would go first and then you would do your apartment building. What are you looking at, two, three years to get it out going or -- Centers: If we got approvals on it now, the way things are moving through Meridian, it would probably be a year before we got approvals for construction drawings. A project like that takes the better part of nine months to a year, depending on weather and when we start it. It's generally a six month lease up period, so it's about two and a half years down the road. And the timing on widening the road isn't good. I'm not sure that that's a good time to be trying to lease up when it's all torn up, if that were the case. Bird: Yes. The condition, but like Mr. Anderson said, if we was to give you the go ahead and start building at the point of when the contract was awarded for the road widening, which I can foresee if they are doing it in 2004, the contract is probably going to be awarded either towards the tail end of 2003 or the first of 2004 and if that's what Councilman Anderson, as I understood, was agreeable to, then that would get you started in about your time period that you're just talking about, the actual building of it. Centers: Is there a phasing that would work? I mean we had talked about it. Generally those projects are built all at one time, but, you know, if there was -- Anderson: See, that was -- I think the key issue I was trying to get out of you when we asked the question on phasing was because of the concern about the children and the traffic, that if you could phase it so that you didn't start the apartment complex part of it until we were getting real close to having the road under construction and so that's why I think we ended up putting the condition that we did on there, but when we asked you that question you said, well, you know, it depends on the market. Well, that didn't tell us a whole lot of anything. I mean it could right at the start, it could at the very end. Centers: True. But I should have explained how long it -- from the time you started until the time it's ready to -- even before it would impact Franklin. I mean I guess that's a phasing. But if multi-family would be allowed there, I might look at, you know, permitting 70 a year, but to wait until they widen the road or the contract is let is a long time to hold that property. And I'm just concerned that if -- you know, if they run into some more obstacles -- it seems like they are moving ahead, then postpone, and I donlt want to be tied to something, you know, that is just open-ended out there. I would rather redesign it and do the industrial and move on, than wait that long. Meridian City Council Meeting September 18,2001 Pg.35 De Weerd: Would you like us to table this all to October 2nd and you can give that some thought? We don't have to act on this. Bird: Well, what we can do is they agreed to the first two items, the annexation and zoning. De Weerd: On the annexation, the -- Bird: And the request for preliminary and then they wanted to do the conditional use program, if they wanted to reconsider it, is what they considered doing, as I understand. Anderson: Well, I'm like Tammy. I mean if we gave you a little bit of time to maybe work with our staff and come up with a phasing plan on your own with them that would somehow satisfy our concerns about the roadway improvements, then we would be glad to listen to those. Centers: Well, at the rate of 70 a year where it would be finished about the time, you know, the road was anticipated to be finished, would that be accepted to you? Because if it's not, then I think we need to, you know, look at the industrial. Anderson: What was the total number of units? Centers: 228. De Weerd: There was how many units there? Centers: Pardon me? Anderson: You're roughly talking about possibly a three year -- Centers: Yes. It wouldnlt be built out, I donlt believe, sooner than the three year period. Bird: Okay. Council, what's your pleasure? Anderson: I guess I would be favorable to tabling it if we think we have some common ground that we can work on. If we don't, then, may as well take a vote on it tonight. Bird: Well, make a motion or whatever way you want to go. Nichols: Mr. President, Members of the Council, I would just say that if we are going to table it to take in new information, such as a phasing plan, you would have to schedule a public hearing to take that testimony, so it couldnlt be done Meridian City Council Meeting September 18, 2001 Pg. 36 on a second, it would have to be done on the third Tuesday in October in order to have sufficient time for the notice to be published and the property be posted, so that that information could be received. Just a point of information. Bird: Mrs. de Weerd. De Weerd: I guess where I'm coming from is that I don't think -- like when we had the original conversation that the apartment shouldn't be there until the sidewalks and the roads are improved, because that means the existence of kids in that area until the sidewalks and the roads are improved. With the fire engine traffic going out of there and the proximity of that park, that that was the safety issue that I was concerned with. We phased it in terms of the business component and the apartment component, so that was phasing that I was comfortable with. I guess the question that Mr. Centers raised is, you know, what he needs to I guess make a decision on is if what -- where we have it right now is okay or if he wants to come back with an industrial -- a different application than what we have here. So those are the two choices I see, either we keep it as is or he comes back with something else. Centers: One more thing. I'm not trying to convince you to put multi-family in there. Just tell me what I can put in there, if it's not the plan that you have got before you, and I will redraw it. De Weerd: Okay. Well, you heard what I thought. Bird: Council, what's your -- what do you want to do? Anderson: Well, I'm not sure. Shari and Stanley sound like they are pretty much set on the condition that we have on there now, that that would create the phasing, so 11m not sure making any other motions is going to go anywhere anyway. Bird: Okay. I'll let them make the motions. Anderson: Make a new motion or the current one? Bird: Number five. We need to get all of it. We can sit here and talk all night and not get anything accomplished. De Weerd: Well, so do we want to vote on these findings? Is that what 11m understanding? Bird: Yes. We pulled them off so we could talk about them and then we've got to vote on them. De Weerd: Okay. ( \ Meridian City Council Meeting September 1812001 Pg. 37 Bird: Whether you table it or whatever you do, you got to vote on it. Anderson: We either vote on them or I guess Mr. Centers would have the option of withdrawing the application and then if he wanted to go back and come back with industrial, he could at that point. Bird: Mr. Centers? Centers: Yes. I just -- it would be very difficult to hold the property for that length of period. I would rather withdraw -- and I mean if we could leave our light office the way it is, those are all platted lots. I think we worked through all of that. You simply would have X amount of industrial lots going back to Adkins back there if we did the industrial. De Weerd: Well, that would be a new application then. Centers: Right. Bill, I don't think we could -- you know, I wouldn't agree to annex and rezone that back piece with that condition on it, so I would have to withdraw it, would nit I? Nichols: Reasonable minds can differ. President Bird, Members of the Council, response to Mr. Centersl question. The only thing you can act on is the applications that are in front of you now and that application is for annexation and zoning of that entire parcel, with a portion of it being commercial and a portion of it being residential. So you can't -- I don't think we can modify the application midstream here to take out -- to leave a portion of it out. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: Why don't I propose to table this until October 2nd and give the applicant time to confer with his attorney and if he decides to withdraw, then he can withdraw it in that meantime. Anderson: That would be a good idea. Bird: You started out -- De Weerd: I will make a motion to table the Findings of Fact and the Conclusions of Law for request an annexation -- request for annexation and zoning for Baltic Place Subdivision to October 2nd, 2001. Bird: Is there a second? Meridian City Council Meeting September 18,2001 Pg.38 Anderson: I will second. Bird: Okay. There is a motion to table the annexation and zoning of 12.71 acres of Baltic Place Subdivision by L.C. Developers, Incorporated. All in favor? MOTION CARRIED: ALL AYES De Weerd: Mr. President. Bird: Ms. de Weerd. De Weerd: I move that we table Findings of Fact and Conclusions of Law for request of preliminary plat by Baltic Place Subdivision until October 2nd, 2001. Anderson: Second. Bird: Okay. Move and second to table until October 2nd, 2001, request for the preliminary plat, approval of 10 building lots and three other lots on 12.71 acres for Baltic Place Subdivision. Any questions? Hearing none, all in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Finally, I move that we table the Finding of Fact and Conclusions of Law for Approval of the request of a CUP for a planned unit development for mixed residential/commercial for Baltic Place Subdivision to October 2nd, 2001. Anderson: Second. Bird: Okay. It's been moved and seconded to table the request for Conditional Use Permit on the planned use unit development for mixed use residential/commercial for Baltic Place Subdivision to October 2nd, 2001. Any questions? Hearing none, all in favor say aye. MOTION CARRIED: ALL AYES Item 5-V. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Bird: Okay. Thank you. Sorry. The next one is 5-V. Mr. Morrow had a question on the Finding of Facts and if the applicant would like to come forward and point out what his -- Morrow: Mr. President, Council, Walt Morrow, 2340 W. Franklin Road, Meridian. This item was before you on August 24th and again on September 4th concerning the stop work order with respect to my project on my place. The Findings of Fact were given to me a couple days ago to review. I'd like to discuss them item by Meridian City Council Meeting September 18, 2001 Pg.39 item, because there are some inaccuracies in that. Item No. 1 says: Walt Morrow submitted for approval to the Planning and Zoning administrator an application for an accessory use building to an existing land use at 2340 W. Franklin Road within an I-L zone. That's totally incorrect. I submitted my plan and specifications to the building department. At no time did I ever appear before the Planning and Zoning administrator concerning this application. All communication to me with respect to this stop work order was through the city building department, either through Daunt Whitman or through Gary Smith. So that's an incorrect statement. Item No.2, the Planning and Zoning office denied the application. I didn1t submit an application. How could it deny the application? For an accessory building to an existing land use at 2340 W. Franklin Road upon the basis that the administrator determined that this building permit request did not meet the criteria for an accessory building and therefore the request would need to be processed as a request for a Conditional Use Permit with additional concerns. Once again, I did not submit that to the Planning and Zoning administrator. The Planning and Zoning administrator apparently sent her concerns to Daunt Whitman of the building department. The building department, then, through Daunt Whitman, sought a stop work order, list of some concerns that he had to send to me by virtue of the letter, because the letter took them off of the stop work order. Annexation requirements of the property had not been met, including making provisions in how the property would be served with sewer, water, and design review of all buildings. Once again, if you review your minutes from the meetings those questions were -- De Weerd: Mr. Morrow. Morrow: Yes. De Weerd: We know that this all needs to be rewritten, so why don't we not go through it item by item and just ask the attorney to draw up some new findings. Morrow: Well, I -- and I agree with that, but I want to make sure they are on the record, because we seem to have a problem with what's in the record and what's on the findings of fact as represented here. De Weerd: Okay. Mostly we ask our applicants to submit their comments in writing, so maybe you could submit them in writing and give them to our attorney and he can redraw these. Morrow: That would be fine, but nobody told me that before right now. De Weerd: Is that right? Morrow: That's correct. De Weerd: Usually the cover letter says submit your comments in writing. \' Meridian City Council Meeting September 18,2001 Pg.40 Bird: I have got a question on where these findings of fact come about. Because none of this stuff was even stated in any of the discussions or -- De Weerd: I don't know. Bird: Or -- that's the reason I asked the -- and I told the applicant he could come forward. I mean -- De Weerd: We made them up. Nichols: Mr. President, Members of the Council, if I may, we have got these from the staff comments with regard to the reason for this stop work order. If they are not accurate, we will change them, so if you tell us to take them out, we will do it. But that's where they came from. Bird: Okay. And they evidently are not -- not accurate. Nichols: Mr. President. Bird: Yes. Nichols: Mr. Morrow, do you have any problem with the actual terms of the order? The bottom of page two, top of page three. Morrow: I have a problem with item number two. It's vague. Essentially at some point in time when the building is converted to another use, if it's within the criteria of an industrial zone, which it's in, at that point in time why would it require a Conditional Use Permit? If it's outside usage of the industrial zone that applies or the zone requirements that applied at the time of conversion, then, obviously, it should have a conditional use. But in terms of the motion approving the stop work order, there was no reference to a conditional use. Nichols: Mr. President. Bird: Yes. Nichols: Well, let me just explain why I phrased it the way I did. My understanding -- and you spoke before in terms of the storage use of the building and the agricultural use of the building and that it was not being developed or built to industrial standards, nor did you wish to. At least that's my recollection. Morrow: If you read the minutes you will see where I -- I made the statement concerning the construction of the building is being constructed in such a manner that at some point in the future it can easily be converted to any type of industrial use that would conform to the covenants and restrictions that I would put in place l \ Meridian City Council Meeting September 18, 2001 Pg.41 for development of that property. Part of the issue here is this is not a development application, it's a single use building, that covenants and restrictions in the design of this building are exactly the same as the buildings that we are building in Riverside or in Stonebridge or in -- on Commercial Street, light industrial park. The design of the building is such that it qualifies for all that. It also will say in the minutes that I indicated that at some point in time, should I choose to develop this property and subdivide it, with the exception of the house -- and this is the only building that survives that development, all the rest of the buildings would be destroyed and development would occur. And so I did reference those, that at some point in the future. I believe Daunt Whitman referenced that in his testimony before the Council, that at some point in the future, in terms of changing of usage, that it would go back to the building permit process and at that point in time, if it's industrial use, there is no need for a Conditional Use Permit. If it's something that's outside the zoning of industrial use, then a Conditional Use Permit would be required. And that would be the natural course of things. It doesn't need to refer to a Conditional Use Permit in the Findings of Fact and Conclusions. Nichols: President Bird. Bird: Mr. Nichols. Nichols: I believe that Ms. Stiles has something. Bird: Shari? Stiles: President Bird. Council. I think the intent of that comment -- or that condition would be that since it is a nonconforming use, since typically this application would require a Conditional Use Permit or any other individual, because you're expanding a nonconforming use, if that were expanded further to be a further expansion of the nonconforming use, they would need to do a Conditional Use Permit, and also just by virtue of him saying it's turning into industrial does not make it a permitted use. You still have nonconforming uses on the parcel. He would still -- I mean if he went through the subdivision process, platted it into a separate lot, could meet the ordinance requirements to plat it, the house would have to be discontinued as its residential use for that zone. Sure, he could do it through a platting process and not have to have the Conditional Use Permit, but simply to change it to an industrial use without a Conditional Use Permit, he would not be able to do that. Bird: Council, what's your pleasure? Shall we continue this and let the attorney redraw the Findings of Fact and go through the minutes and -- Anderson: Well, I missed the last meeting, because I was out of town, so I guess I just will fill in the voids for me here. At the last meeting I was at one of the ( Meridian City Council Meeting September 18, 2001 Pg.42 issues was complying with all applicable building and fire codes. Are you going to meet those codes? Morrow: We are meeting the building codes as per what Daunt specified with respect to the building, the two divider walls, as the building was submitted. There was -- I think part of the suggestion, Councilman Anderson, was -- is that had Skip reviewed the plans -- I believe that Daunt testified that he didn't think that Skip had reviewed plans, that the plans had been approved by him for the usage with the divider walls and the same process had been followed as was followed with the other four building permits that have been issued at that site over the course of the last few years. Anderson: I guess -- I mean I have a concern with that, because at the last meeting I talked about I don't understand how somebody can get a building permit without submitting through all the normal channels that anybody else would have to. And I also talked about, you know, the fact that you were a former councilman and that you're a builder and that you know Daunt and I wanted to know what Daunt's explanation was of why those plans weren't submitted to the proper channels. And if they weren't submitted to the proper channels, then before we proceeded any further we needed to do that, because -- just because somebody made a mistake and let this go doesn't mean that we should let this slide through the entire process. And especially if we let you, as a former Council person, and as a builder build a building that doesn't meet all applicable codes and it sounds like the only ones that you are meeting was the building codes, not the fire codes. Then what kind of an example does that set for us and what kind of a precedent does that set for anybody wanting to come in in the future, that they can somehow slip something through or if they know somebody that they get special favors. And I definitely don't want to have anybody to have that impression, that that kind stuff goes on in Meridian. Morrow: And I understand that and am sensitive to that and the issue was -- and on the record in terms of the minutes from what Daunt testified in answering those questions. I submitted those plans with the same procedures for that project that I had submitted the other four projects for over the course of the last 15 years and it was determined by Daunt that it was in compliance with the building codes and the necessary things that needed to be there and that's why he issued the building permit. I think that if you review those minutes you will also see that it's his belief that he may have errored in his issuing that permit, but, nonetheless, he did, because of lack of conversation through the Planning and Zoning Department. That's all that I can answer for you with respect to that. We did everything that we had typically done for that parcel of ground over the course of the last four building permits prior to that Anderson: Did Daunt come and testify at the last meeting? ( Meridian City Council Meeting September 18,2001 Pg.43 Morrow: All the testimony at the last meeting was basically Daunt's. I think that there are something like -- there is four pages of his testimony, there is a page of Council testimony, and there was a couple of questions asked of me and that was the extent of it. Nichols: Mr. President. Bird: Mr. Nichols. Nichols: Mr. President, Councilman Anderson, Members of the Council, one of the reasons I specified the uses in the order is because of my recollection of Daunt's testimony with regard to the fire issues if it's used as storage only and Mr. Morrow testified he was only going to be storing items inside the building that were being stored outside in the weather now and the loafing shed part of it. It doesn't have to have the fire code prevention, as I understood it, that -- like the one down the road would have to have had because of the hot work and stuff that was going on inside the building. So we did address the fire code issues with Mr. Whitman. Anderson: Well, it does and it doesn't. I mean you can ask Kenny, but a building that size still has to have water flow available to it, fire hydrants, and municipal systems. It may not have to be sprinkled, but there has to be water within so many feet of that building. If he changes the use of that building, then it may require -- I mean if you started doing some type of processing in there and manufacturing, then it may have to be a sprinkler building. But one of the big issues right now is that it does not have water supply available to it. Is that correct, Kenny, or -- Bowers: Mr. President, City Council, Councilman Anderson. Yes, there is no water on Franklin Road at this time in front of the -- in front of Walt's residence. It stops I believe right by Interstate Battery. Anderson: So the use and the building that he wants to put up does not meet current fire codes? Bowers: No, it does not. Anderson: And I guess I just -- I just have a problem with approving anything that doesn't meet the current code. And I think it's such a real poor example of the Council that if we make an allowance, regardless of whose mistake it was initially who gave you the building permit. - Morrow: I understand your position. Bird: Council, what's your pleasure? ( Meridian City Council Meeting September 18,2001 Pg.44 McCandless: Mr. President. Bird: Mrs. McCandless. McCandless: It was my understanding that when we reversed the stop work order that any -- just exactly what this says, any expansion of use of this building will require a Conditional Use Permit. We talked about it. Bird: The minutes are here. I will let them -- staff deal with that. I don't remember word for word. But I think we need to get it straight whatever it is. De Weerd: Can this be revisited at -- it's not a land use, is it? Can this be on our agenda next week? Bird: It is a land use. Variance. De Weerd: If itls qualified land as use we could always put it for October 2nd, but these cannot pass in their current form and it looks like we need to refresh our memory with the minutes. Nichols: Mr. President, Members of the Council, I'm going to be leaving town tomorrow afternoon and won't be back until Monday and so even if I get these things dictated tomorrow morning, I'm not going to have a chance to look at them until Monday, as far as looking at the minutes and the rest of it to clean up the deal, and Mr. Morrow should have an opportunity to see whatever it is that I revise more than a day before the meeting. Bird: Council? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: Again, I don't want to just beat this -- beat this point either, but I am having a real time emotionally with this one, because I know a little bit about the business, that when plans are submitted they have to be approved by both the building official and the fire official and the building official checks the building to make sure that it meets building codes. The fire official checks the plans to make sure that they meet life safety codes. And apparently that did not happen in this case and you're setting a very dangerous precedent if the Council approves this building permit and allows this building to be built at this point. Without going back and having the fire department review these plans, you, in a sense, are taking the liability that if anything happens in that building -- this has never been reviewed by the fire department, it's never been approved. If somebody is ever killed or injured in that building, it's on your heads for approving this. And I, for one, as a Councilman will not approve it. (, Meridian City Council Meeting September 18, 2001 Pg.45 Bird: Council, let's take this on, we can go through the process October 2nd. I1II entertain a motion and then we can get the minutes all taken care of and done with. De Weerd: Okay. Well, Mr. President, I move that we table this until October 2nd. Bird: 2001. De Weerd: 2001. Bird: Is there a second? Anderson: Wasn1t Bill going to be out of town on the 2nd? Bird: He said, no, he would be back. Anderson: I will second it. Bird: Okay. Been moved and seconded to table to October 2nd, 2001, the order granting appeal of the stop work order at 2340 W. Franklin Road by Walt Morrow. Hearing no discussion, all in favor say aye. MOTION CARRIED: ALL AYES Morrow: Thank you. Bird: Thank you. De Weerd: Mr. President. Bird: Yes, Mrs. De Weerd. De Weerd: Will, when you get the minutes on that can you stick it in all of our boxes, just that one section? Berg: Yes. Item 6. Tabled from August 28, 2001: Ordinance No. : Flood Damage Prevention and Repealing Chapter 11 Title 11 Floodplain Overlay District: Bird: Okay. Council, Ordinance tabled from August 28th, the Flood Damage Prevention and Repealing Chapter 11, Title 11, Floodplain Overlay District. What is the number, Mr. Clerk? r - ( Meridian City Council Meeting September 18, 2001 Pg.46 ( Berg: Mr. President, the number is 01-928. Bird: Mr. Clerk, would you read the ordinance by title only. Berg: Thank you. Mr. President, Members of the Council, Ordinance No. 01-928, an Ordinance of the City of Meridian pertaining to flood damage prevention, amending Section 10-6-5 B-1, residential construction by addition thereto of the new Subsection C to amend Section 10-6-5 C-2, floodways for the addition thereto of the reference in Section 10-6-5 and for the addition of a new Section E, all of Chapter 6 of Title 10, Flood Damage Prevention and repealing Chapter 11 , Title 11, Meridian City Code, Floodplain Overlay District FP and providing an effective date. Bird: Is there anybody in the audience that would like to hear the ordinance read in its entirety? Hearing none, discussion, Council? Anderson: Mr. President. Bird: Yes, Mr. Anderson. Anderson: I still had the question -- I think I heard Bill at the strategic planning meeting a while ago, we were waiting on what FEMA's definition of what the finish floor was. Did we ever get that definition? Bird: Got it at the work session. McCandless: Yes. Anderson: Well, would you, please, give me the official version? Bird: Right here. Nichols: Mr. President. Bird: Yes. Nichols: And Members of the Council, Councilman Anderson. FEMA interprets crawl spaces as basements and the -- what it boils down to with regard to this particular ordinance is the language about the lowest finished floor is already in the existing ordinance and so you're not changing that part of it. FEMA -- we can argue the language. We can argue the language from the Code of Federal Regulations, all of that stuff, but what it boils down to is FEMA in Region 1 0 is taking the position that the crawl space is a basement and, therefore, the bottom of the crawl space has to be at or above the floodplain when they -- in order to satisfy the minimum insurance premium level and absent further clarification from _i'"r- - - ~ Meridian City Council Meeting September 18, 2001 Pg.47 ( the politicians in Washington on that issue, it appears as though the regulations are designed for either places on a hill with a basement or a slab on grade construction. And that's where it's at. They don't take into consideration the hydrostatic pressure is mitigated by the floor joists every 24 inches or any of the other issues. So -- anyway, so we didn't get the answer we wanted from FEMA, but at least we know where they are at. The major concern is for the builders in how they approach these -- construction in these floodplains and that they know going in how they have to construct these homes in order to get out of the high premium flood insurance issues. And according to the representative from the Department of Water Resources at the meeting that I attended, they have had meetings where they have presented that issue to builders, they have talked with the builders about the elevation certificates that have to be part of the final approvals before certificate of occupancy is issued and so there is an understanding among the many builders with regard to what they have to do in the floodplain. So what this order essentially does is it removes that Floodplain Overlay District, but it still incorporates all the existing requirements that FEMA has imposed on the city in order to have structures qualify for flood insurance. Bird: Does that answer your question, Councilman Anderson? Anderson: Yes. Bird: Any other questions? Anderson: Thank you, Mr. Gigray -- I mean Nichols. Bird: Hearing none, I would entertain a motion. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I move that we approve Ordinance No. 01-928, Flood Damage Prevention and Repealing Chapter 11, Title 11, Floodplain Overlay District. Anderson: Second. Bird: Okay. Motion been made and second that we approve the Flood Damage Prevention 01-928 -- oh, that's roll call vote. Mr. Clerk. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES ( (- Meridian City Council Meeting September 18,2001 Pg.48 Item 7,. Public Hearing: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Item 8. Public Hearing: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Bird: Okay. Council, we have got -- and with your permission I'd like to open up Items 7 and 8 together as a public hearing. Request for annexation and zoning of 9.79 acres from RUT to C-G zones by Franklin Mini Storage by Ron Osborne. And also the request for a Conditional Use Permit for construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne. I will open it up for the public. We will have the staff go, the applicant will have seven minutes, and if there is any public testimony we'd like you to hold it to three minutes and then applicant can have five minutes for rebuttal. We'd like to stay to this as close as we can. Staff. Stiles: Mr. President, Council, this is for a property on Franklin Road. Ifs immediately adjacent to Green Hills Estate Subdivision. It's approximately a quarter mile east of Locust Grove Road to the south. Also to the south of this development is -- this is Woodbridge. This is an older aerial photo, so it doesn't show the existing development in there. Five Mile Creek traverses the property on the northwest corner. Woodbridge has done extensive landscaping in this area. Their pool and clubhouse is along the creek here. And with their second phase they will be continuing the pathway along Five Mile Creek. As part of the Conditional Use Permit for this they would extend the pathway, connecting it to Woodbridge, and do a paved pathway to their property boundary. It shows better the existing platted development of Woodbridge and Green Hill Estates. This doesn't show up as being annexed yet, but this would be the property that has been -- oh, 11m sorry. I think that's for the -- oh. This is the property that was -- what was that called? It was approved as a mixed use development. Yau may recall approving that not too long ago. There is no development there at this present time. In the recommendations that were submitted there are some clarifications that need to be made on those recommendations. Do you have a copy of the position statement submitted by Steve Siddoway? De Weerd: Yes. Stiles: There were some clarifications made in that position statement and those changes would need to be incorporated into the findings. Also the recommendation that was made -- or the way that was worded indicated that that would be -- that that five foot high berm would be completed when Phase Two was completed, but it needs to be constructed with the construction of Phase ( Meridian City Council Meeting September 18, 2001 Pg.49 Two. The other exterior landscaping -- perimeter landscaping for the project would need to be completed with Phase One. And then on page nine of the recommendations, the roof pitch shall be a minimum as submitted of 1.5 to 12, not two to 12, on all interior buildings of Phase One. Roof pitch shall be a minimum of three to 12 on Phase Two. That was Steve's understanding of the motion made by the Planning and Zoning Commission. Also on page seven of the findings, paragraph 44, the Planning and Zoning Commission did not adopt the Green Hill Estates Homeowners Association letter and it should be deleted from the recommendation. Council should certainly read that letter and consider it during the deliberations on this project, but it has some conflicting information in it and should not be included in the recommendation. This is showing photographs from the existing Woodbridge development with their pathway. This is the site plan that has been submitted for construction of the storage unit and the office commercial pad, which they have indicated some precise uses that they may anticipate in the future. As they have indicated on their plan, they show it as being proposed mixed uses. They are showing office, medical, dental, and optical clinic possibility, car wash, and some kind of facility dealing with truck or moving rental, I would -- I would say that would probably be some type of U-Haul or Ryder truck facility that they are considering. They can elaborate on that in their presentation. The existing home that is on the property would be converted to use upon construction of Phase One as a caretaker's residence and office. They would be constructing a solid wall of buildings on the eastern boundary. They would have a planting strip beyond that, in accordance with city ordinance. The fencing -- they can correct me if I'm wrong on this -- would be on the western boundary of that planting strip. Also they would have landscaping on the perimeter to the south and would continue that pathway and construct the pathway for the Five Mile Creek. They have submitted a revised landscape plan based on those recommendations from the Planning and Zoning Commission. And it appears that this newly submitted plan would be in compliance with those recommendations. This would show the view of the east -- the east elevation of the building. This would be the west elevation of the building, which is to say this is what would be viewed from -- well, 11m not -- that's not correct. I'm sorry. This would be the east elevation from -- looking from the Green Hill Estates Subdivision. And this would be the view from the west. The south elevation they are showing the ribbed metal wall panels. I'm not sure what you'd like to be looking at as you listen to the presentation. I guess the applicant may want a certain slide up as they make their presentation. Bird: Council have any questions for staff? Anderson: I have none. Bird: Okay. Applicant? Before you start, Kent, we have received two letters that we would like to enter into the record. Both of them received today and I don't know if the applicant has had a chance to look at them. One from Derick O'Neill ( Meridian City Council Meeting September 18, 2001 Pg.50 and one from Robin Paulson. So I will enter them into the record. Have you had a chance to see them? Brown: Yes. Yes, I have. Bird: Name, please. Brown: Kent Brown. Business address, 1800 West Overland, Boise, Idaho. Bird: Would you raise your hand, tell the whole truth and the whole truth, is that what -- we started this -- we started this sometime - De Weerd: We really did and he's forgotten. Bird: I forgot. I'm sorry. Brown: Okay. Bird: Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you? Brown: I do. Bird: Thank you, Kent. Brown: That's a new twist for sure. Briefly as quickly as possible. We met initially with the Green Hill Homeowners Association, talked about our project, and made some modifications to the original plan and got that prior to our hearing with the P&Z, our initial hearing. We had also met once -- actually twice before the hearing with the Woodbridge people. And trying to be a good neighbor. Ron Osborne lives -- I'm just going to point it out. You can see the pool. He lives adjacent to this property and after the Woodbridge project went in he bought the property to create a buffer between him and the development. And as a part of buying it made a pact with his wife that the south portion would not be developed for a lengthy period of time and then he came to us and approached us and asked us for applicable uses that would allow him to still live in the neighborhood with the neighbors that are there and yet would meet your requirement. And as we discussed it, the storage unit complex to us seemed like a good fit there. They are a quiet neighbor. And so that's how we approached our neighbors when we discussed the items with them. We initially had a smaller building along our easterly boundary and Mr. Paulson, Robin's husband, asked us, you know, if possible, to make it so that he couldn't see any of the property. So we reversed the pitch of the roof so that the highest part of the building is against them. It just so happens that where they are at we have to cut the side a little bit, but they would still have a 14 foot tall building on their side. Most of the rest of the homeowners in there would have a 22 foot. After our first hearing with the ( Meridian City Council Meeting September 18, 2001 Pg.51 ( Planning and Zoning Commission, they asked us to meet once more with the Green Hill Neighborhood Association and with Woodbridge builder team and we did that. In the presentation with the Green Hill neighbors, they asked some questions about having some shrubs, as well as trees along that rear property line. We agreed to do that. That was, as you can see in their comment, Mr. Paulson was still very much against it, but for the most part Ron's been up and down the neighborhood and most of the neighbors were not opposed to it. In fact, one of the neighbors wanted it to happen right away, instead of having Ron wait the period of time, and Ron said he would lose everything he has, because his wife would take it if he did that. So it's not really an option to develop that latter portion and so our intent, really, is to develop the portion next to Franklin Road now in Phase One and wait for the remainder. Listening to some of the things that Shari talked about makes it a little confusing. What we agreed to do -- and you have a site plan that we submitted and is in your packet, that Phase One would have the one and a half to 12 pitch roofs. This would have three and a half to 12 pitch roofs. We would put on our westerly end of the building from our initial discussion with Woodbridge, we never proposed any garage doors on that end of the building. The condition that's in there from them were acceptable with as having a minimum of three foot high -- we are looking at putting along that end. As you look at the plan -- and this is what took place as a part of the hearing with Planning and Zoning, there is a six foot planter along the whole end, so as you look at the west end of that building, against the building there will be a planter with trees and shrubs or shrubs against that building. It will have an architectural look to it, because of the type of building materials that we are looking at, combination of metal and block to give it a more residential look. We are proposing no open storage, other than the covered storage that would be in this building and how this ended up being modified, we agreed not to have a building any closer than 90 feet from the Woodbridge property line and we also agreed to put a five foot high berm on that portion of that building and it's impossible to put a berm in until the building gets built, so that's -- and we would like to have that requirement to have that berm put in when we build that particular building. In our meeting some of the things that we weren1t really clear on, in looking through the slides Shari showed you an asphalt path, that asphalt path is in this portion of the Woodbridge property. It goes up to their clubhouse that's back here and loops around. They have no asphalt path. They are proposing along the sewer easement a gravel path that they say is approved with their project. We would like to take on our drawing where it shows asphalt and match what the Woodbridge is doing and that is also the same location that the sewer gravel road is and so the two would be in combination with the walking path and also serve as a service road for the sewer. And we would like to continue what Woodbridge is doing within that location. The other modification that we would like to make, in talking with Steve Siddoway we would like to put parma bark behind the back of our building. He says it's not allowed in the landscape buffers and that that would require some approval from you. What we were looking at is that this is at the back of the one acre lots and we are proposing to put trees and shrubs up here close against the property line here { Meridian City Council Meeting September 18, 2001 Pg.52 ( where we cut the building and then against the building in this location and it really isn't a place that anybody is going to be and why put something in there that creates a greater maintenance problem. In one of our neighborhood meetings they discussed the bark going around and so, therefore, we would like to put parma bark back there. The other request that we have had in all of the hearings that has never been included in a motion is we have never proposed to put trees and shrubs between the Osbornes and their pasture at this time. They really don't need to be screened. Our phase line is up here and they would like to put those trees and shrubs in when we do the second phase. But our intent has been all along that we will install all the landscaping in the entire development, minus this piece when we do the first phase. We will put in the storm drains facility. We will complete the path initially. The only landscaping that would not go in is the berm that's on this end of the building. Other than that, the entire landscaping would go in. We also, for the record, discussed the planning and zoning. There is an existing metal building up here in this corner and that metal building he's currently renting. We would like to continue to use that building. And in your site plan that you have that was submitted, it's in there and we would like to use it. For the record, it does extend ten feet into that landscape buffered area, but it's an existing structure already in there and we would like to leave it as is and have people be able to rent that as space and there really isn't a need for it to be tore down. There is already -- along its easterly boundary is trees already screened that -- existing trees are there. We would have to go in and cut some of them down so that we can pipe the irrigation ditch along the Green Hill side, but we feel that this is a nice development with nice materials. Our proposal is to put a three rail white vinyl fence all the way around our entire project, so up against the Green Hill neighbors' side there would be three rail fence and then the landscaping and then the back of our building we would have a three rail fence on this side with our landscaping and then a chain link fence up next to our asphalt and the three rail fence would come down here and here at this time. You can't really fence across the flood plan, it creates kind of a dam. The Woodbridge people have a solid wood fence on their side. The other item that I had to discuss was the -- we proposed a temporary fence or a temporary fence between Phase One and Phase Two with trees and shrubs that would screen the end of the building from the Woodbridge development and we were able -- in our last hearing -- we had two hearings before Planning and Zoning and in our last hearing before the Planning and Zoning that basically was the only item that we couldn't come to a compromise with the Woodbridge people, which we had taken care of the Green Hills concerns and we were able to come to compromises on all the other basic items. That was one of the items. And the Commission went along with us in our request to have that be a temporary fence, a temporary landscaping, and the letter that you got from the Woodbridge people is asking for that to be solid and long term permanent. As we have gone around and looked at other storage unit facilities with the amount of landscaping that we are putting in and so forth, this is a lot nicer than Meridian has anywhere else in town and it is one of the nicest ( Meridian City Council Meeting September 18, 2001 Pg. 53 developments in the valley, it would be with the way that we feel that we are proposing it. Are there any questions? Bird: Council, any questions for Mr. Brown? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I had one. On that drawing that you have there, how do you propose keeping people off that walking path and going to the back? Is there a gate there or -- hold your drawing up. Brown: If you look at the drawing that was proposed and what we are looking at there is what we proposed at that meeting and Planing and Zoning asked us to submit this drawing to you that met all of our compromises. And the Woodbridge people wanted a solid building at this end that was not 90 feet away from the property line with a five foot berm. That building will create the wall that we will need to keep people from having access into our storage unit and then we have a chain link fence at this point and then on the inside against the asphalt. Then the pathway connects here, comes down, and then would continue along the Five Mile. It only cuts across our southwest corner of our property and the building creates our buffer -- basically people -- if you will, we almost have an acre park here that we are creating with a storage unit facility that is at the south end of our project and then we have a fence that will we keep people out in that one location. Anderson: And what's back of that building? Is it all metal or -- Brown: Yes. Anderson: And what's the guarantee, that there is going to be landscaping and grass and stuff back there? Brown: We are going to landscape initially, but we would not landscape where the berm would go and it's a block on the backside of that building and then a metal roof. De Weerd: Until the building is built? Brown: Until the building is built basically they would have access -- he's going to have a fence to keep his horses in this portion of it and the phase line is back up here and we are putting a fence at that location, which we are planning to put a three rail vinyl fence until there is a security problem, which is a long ways across for someone to go. Is that a problem? ( Meridian City Council Meeting September 18,2001 Pg. 54 Anderson: Well, a three rail vinyl fence has never been real secure in my opinion, but -- Brown: Right. We are not viewing -- Anderson: We are not viewing -- we are not viewing that that is going to be a security problem. If it is, then we would have to fence that with another material. But then at this point we are not proposing any barbed wire on anything that we are proposing, it's just chain link. And we are proposing to take care of security with cameras and so forth. And as we have talked to the people in the industry they -- and, you know, the police can maybe clarify that, but they tell us that it's not people breaking in thatls a problem, it is the people that -- if they want to burglarize something in the storage unit, they rent a space and then just spend a long time in there. You donlt have any proposed caretaker house or anything? Brown: There is an existing house that's on the site on Franklin Road. Anderson: Is that what you plan on using that for? Brown: Yes. We would remodel that. It has a daylight basement on the backside that would be the office. We would try to remodel the building, take off that old lath siding that you probably put on, Ron, years ago and put something more that would match the architecture of the building and color scheme. Try to update it. Bird: Any other questions for Mr. Brown? Thank you. Anybody else from the public that would like to testify? Raise your hand. Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you? Beecham: I do. Bird: Thank you. Name, please. Beecham: My name is Scott Beecham, 11m here representing Woodbridge Community LLC. The address is 168 North 9th Street, Boise. lid like to begin by thanking not only staff, but also the applicant. As Kent mentioned, we met many times and they were very generous with their time, as well with their efforts in coming up with a project that was as compatible as possible with the surrounding uses. I would like to identify quickly the three areas of concern that we had. Also make a couple of points of clarification. First of all, in the recommendation there seemed to be conflicting or overlapping recommendations. That is, the general recommendations would be or should be superceded by some of the recommendations towards the end that are covered by the Woodbridge covenants. Those are not anything that are critical, I just wanted to make the Council aware that there may be some overlapping recommendations there. The second issue is the clarification, which I understand is probably addressed by { Meridian City Council Meeting September 18,2001 Pg.55 Steve Siddoway's letter to the Council, but I have not had a chance to see that. That is that the berm against the back of the southern most building is five feet in height, not five feet in width, which was represented on the last drawing that I saw. The third and I guess the most critical point for us is in regards to internal landscaping. It may seem like an usual request, but our thought process in this is that by nature we can see this land use as being compatible and we are not supportive of the re-zone in the neighboring property. We thought that with some modifications to that site plan it could be compatible and would be compatible. As Kent said and we agree it is a quiet neighbor. It can be compatible in many ways, but it's very hard to make a mini storage project visually compatible. With internal landscaping, a tree canopy growing up, you first have it on the south end of the property, which would block the first series of buildings. Unfortunately, the Woodbridge property is a bit higher and you get a view down onto this property, at least on the southern half of it, so that internal landscaping, the tree canopy, that would grow up and block the roof line of the northern buildings on, we -- again, we agreed on many items. This is the one item that we did not agree on. We continue to feel it's very important, if you can imagine that the industrial nature of a mini storage project adjacent to a nice, new residential community makes it very hard for marketing efforts on our part. Finally, I guess that notes clarification. There is reference in -- I guess Kent is correct in saying that we do show a gravel path today on the Five Mile Creek pathway. We are into the city with final plat -- or a preliminary plat application for Phase Two right now, which we addressed that. That mayor may not end up being gravel. I think the applicant's intent is match what we do and so I don't see that there is a problem there, but my assumption is to see an asphalt pathway there if it is to the future a greenbelt. Then, again, on the open space on the southern end of the property, I think it's a great benefit to Woodbridge, obviously, and we made a large Concession in allowing that, but it's also a huge benefit to the City of Meridian. You got a greenbelt corridor going through there. Five Mile Creek. If it were just sandwiched between mini storage units and a fence, I donlt think it would be much of an amenity to the city. So, again, I guess I applaud the applicant for doing that and I think it is a critical element of the design, making it compatible in this area. With that I would stand for any questions. Bird: Council, any questions? Anderson: Are these drawings you have up here, this exhibit, to be in the city, is that something you did or they did? Beecham: Yes. Yes, it is, Mr. President, Council Members. What we did with the applicant's permission or allowance is did a study to show that we could incorporate that internal landscaping, while maintaining the same square footage -- building square footage that they requested in their original application. That's what this study represents. Also in the letter that I submitted today there is a very rudimentary sketch on the back page that shows generally what a bird's eye perspective of what the benefit of that internal landscaping would be. /' ( Meridian City Council Meeting September 18, 2001 Pg.56 Anderson: So this isnlt the exterior finish that they have agreed on or is it? Beecham: Actually, it is very close. They agreed to achieve more of a residential character using a variety of building materials, not just the standard metal siding. If youlre -- excuse me. If you Ire referring to the elevations of the sections, the site plan simply shows 20 by 180 foot landscaping island internal. Is doesn't need to be 20 feet, I would say a minimum of ten feet, though. Again, I think it would be a great benefit to Woodbridge, because it is slightly below our property and the homes do look down on this property. Again, our reasoning for trying to make it more compatible with the residential is at the time of the application, the future land use map showed this as a -- meeting a residential land use. We thought that was inappropriate land use. However, we respect the applicant's right to change his land use. We feel that if this is approved, that it should be made compatible, however. Bird: Any other questions, Council? De Weerd: No. But that is your drawing, not the applicanes drawing? Beecham: Thafs correct. De Weerd: But ies quite similar and still has that -- the end landscape island on the west side. Beecham: Absolutely. De Weerd: Couldn't really see in your drawing. I imagined it. Brown: I will pull it out. De Weerd: Now is this the plat that the city has right now? Brown: Yes. You can see the small landscape island there on the west side and the landscaping and stuff on the east side against the Green Hill Subdivision and the five foot side berm thaes on the back side of the building on landscaping, which was required by the -- this was required for us to provide to you and you should all have a copy in your - Bird: Anymore questions? Fine. Thank you. Anybody else like to testify from the public? Do you promise or affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you? Osborne: I do. Bird: Name, please. 1 Meridian City Council Meeting September 18,2001 Pg.57 ,. ( Osborne: Ron Osborne. 373 Thornwood Drive, Meridian. Member of the Green Hill Estates Subdivision and applicant. Mr. President, Council members, I want to share with you just a couple items in requesting your approval tonight of this process. And in the Planning and Zoning, the last comments were made after their approval and passing on by two of the Council members were that the Osbornes have bent over backwards to accommodate the Woodbridge Subdivision people and the Green Hill Estate people and I think that's a true statement. One, I live there. They are neighbors, the Green Hill side especially, their kids play with my kids and we are planning on being there for awhile. The other thing, too, as I committed early on when we retained Briggs Engineering, that I wanted the development to be a quality development. Many of the mini storage units around aren't such. As a result, we did make a number of concessions to alleviate the concerns of both subdivisions. In doing so, the one in particular that was addressed by the Woodbridge here is we gave a substantial amount of ground at the south end of the project, nearly an acre, that primarily is for the benefit of Woodbridge and -- let's be serious about it. Okay? They are the ones that are going to benefit from it. And, yeah, it is nice, we are going to put walks along there in the future. In doing so, though, we wanted a temporary tree and bush -- small tree and bush along the end of the -- the south end of the first phase, not a permanent large tree, large root development as they were requesting. One of the reasons is if that was ever need to be torn out, either for Phase Two or whatever, it's expensive and a hassle and messy. I did at one point offer to consider that to them if they'd put the money up front for the eventual removal, but did not take me up on that. Also both to Mr. Folsom and to Woodbridge and public records in Planning and Zoning, one of the concerns come out I did offer to sell the place to any of them and I had no takers. The second phase, which buffers them by about five acres, the Woodbridge people, will not be developed for a number of years, minimum seven, ten on the outside. So the Woodbridge people, actually, before any of those buildings ever go in there, the initial phase landscaping will go around the entire unit, will have very large trees and bushes developed at that point that should address and block most concerns. Any question? Bird: Any questions, Council? De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: Now you mentioned that in your Phase One, now the drawing that Scott showed -- showed if you used the permanent trees that would just remain there and you wouldn't tear them out. Osborne: That's correct. And in their drawings I have to keep reminding people they are not developing our project. I appreciate they do good artwork, but -- ( Meridian City Council Meeting September 1812001 Pg.58 De Weerd: Yes, but I love a visual and that did provide that, so -- but you're saying, then, the. second phase part you'll keep in pasture. When you re-zone that, that would be a non-conforming use. Osborne: The plan is that the second phase wouldn't be developed for seven to ten years. De Weerd: Right. But it's still -- pasture wouldn't be permitted. When you re- zone, it you're re-zoning it commercial; right? Bird: Shari, would you like to answer that? Stiles: President Bird, Council, I would just like a clarification of how many animals are on that property. Osborne; Currently four, if you don't count the dogs and cats. Four horses. Stiles: And just for clarification, Tammy's right -- Mrs. de Weerd is right, that that is a non-conforming use and the way our ordinance reads is that you cannot increase that or have additional animals on that property during that time, you would be restricted to -- and we should include it in a development agreement, to restrict the number of animals you're permitted to have there that you couldn't come up with goats and pigs and more horses and -- you will be limited, you're aware of that? Anderson: The good thing is that it will limit your wife. Osborne: Personal advantage. Is there a question? De Weerd: Then that stays? Stiles: They can grandfather that. Osborne: At the time of approval. Stiles: But I think as far as grandfathering it, we should put that limit as far as the four horses to make sure that in between now and the time that you annex it it didn't become 15 horses or -- De Weerd: And then you mentioned on the east side where your property line goes, that that portion -- and then the bermed area is the only landscaping that you would not put in? Osborne: That's correct. { { Meridian City Council Meeting' September 18, 2001 Pg. 59 ( De Weerd: So you would have landscaping in that area that's closest to the Woodbridge, even when you don't have that phase developed? Osborne: That's correct. De Weerd: Okay. Bird: Any other questions? Thank you, Mr. Osborne. Osborne: Mr. President? Bird: Yes. Osborne: Council members, if I may, the momma horse may be expecting, so -- Bird: So you have got five horses. Osborne: I need to make sure that we have that number nailed down, if we could, in an agreement or something. Bird: Okay. Osborne: Thank you. Bird: Thank you. Kent, a rebuttal? Brown: We have always felt that the distance that we are from even the closest house and the area that most of our development butts up to, that the biggest part of the area that we butt up to in the Woodbridge development is their common area. They have a series of cottonwood trees that are here. They have also planted cottonwood trees along this end of it. In the landscape plan that's proposed here we are also proposing a poplar or a cottonwood type of a tree, something that would be fast growing, with those buildings, that would be most effective and the closest to our project. And so for that reason we have always felt that there really wasn't a need for a permanent landscaping there when, in our proposal, we have got trees on both sides here, we have got two rows of trees and in my investigation of looking at other storage unit facilities, they basically take two options: One, they landscape the heck out of them when they donlt change the architecture of the buildings or they change the architecture of the buildings and try and put a little bit of landscaping in where they can. In this project that we are proposing, we are putting lots of landscaping up front, way in advance, that has the possibility of having full maturity before the first house -- the first storage unit and Phase Two gets built -- I mean ten years of growth is a lot of growth, because down the freeway and you look at those willow trees against Waldon Pond Subdivision there next to Cloverdale, those are huge trees and that's only six to seven years worth of growth that many of those trees have ( Meridian City Council Meeting September 18,2001 Pg.60 grown and the poplar tree, if thafs the one that we are able to put there on the south end, they grow at a faster rate than a willow tree, and so we have never felt that there was the need to break up the center of that development, because we are putting that portion as a landscaping and the only portion we are not is the landscaping that we go on the berm. Bird: Okay. De Weerd: Unfortunately, with the poplar, it also dies at an earlier rate, too. Brown: Poplars -- the five poplar trees that I'm most associated with are in my yard and one is 75 years old and my house is 25 years old and I look at the aerial photo and the tree was there when my house was built and the only problem I have got with it is it's going underneath my crawl space and there is a root this big going underneath my crawl space. But other than that, the tree is still healthy and there isn1t any problem. The poplar trees that are existing along the Five Mile are very large, too, and have been there for sometime, too, as trees do now, have problems. I mean different trees. Bird: Any questions, Council? Thank you, Kent. Council, any questions of the staff, applicant, or anything before we -- before I entertain a motion to close the public hearings? Council, if there is no more testimony, I would sure entertain a motion to close the public hearings for the annexation and zoning of 9.79 acres from RUP to C-G, Franklin Mini Storage. McCandless: I would move. Anderson: Second. Bird: Okay. Move and Second. Close the public hearing for the request for annexation and zoning of 9.79 acres. Any discussion? Hearing none, all in favor say aye? MOTION CARRIED: ALL AYES Bird: Okay. Also I close -- I'd entertain a motion to close the public hearing for the request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office commercial pad for the Franklin Mini Storage by Ron Osborne, 1975 E. Franklin Road. Anderson: So moved. McCandless: Second. Bird: Moved and second that we close the public hearing. Any discussion? Hearing none, all in favor say aye. ( Meridian City Council Meeting September 18, 2001 Pg.61 MOTION CARRIED: ALL AYES Bird: Okay. Council, what's your pleasure on the request for annexation of zoning? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I guess just a comment. When I first looked at it I mean I -- my first inclination was with Green Hills Estate Subdivision and the Woodbridge, that this . wasn't a very compatible use, but when I look closely at the detail and look at the extent of landscaping and architectural improvements that the applicant has provided with this project, it puts a new light on it for me. And when I read the number of letters that were in opposition and saw the list of people that was in opposition at Planning and Zoning and see that they are not here tonight, and that a lot of that opposition has gone away, that kind of tells me that the developer has done a lot of work to address their concerns and can definitely appreciate that. Anytime Kent's involved on one of those projects -- but other than that, it looks like they have satisfied most of my concerns and I wouldn't have any problem with this project. Bird: Any other discussion, Council? Okay. Hearing none, I would entertain a motion. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion, then, that we approve the request for annexation and zoning for 9.79 acres from RUT to a C-G zone for Franklin Mini Storage by Ron Osborne at 1975 E. Franklin Road. McCandless: Second. Anderson: Subject to staff comments and ask the city attorney to draw up the appropriate Findings of Fact and Conclusions of Law. Bird: Agree? Second. McCandless: Second. Still second. Bird: Okay. Been made and second to approve the request of the annex and zoning -- annexation and zoning of 9.79 acres from RUT to C-G for Franklin Mini Storage by Ron Osborne, with staff comments and for the attorney to draw up l Meridian City Council Meeting September 18,2001 Pg.62 Findings of Fact and Conclusions of Law. Any discussion? Hearing none, roll call vote, please, Mr. Clerk. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 8. Public Hearing: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Bird: Okay. Item No.8, Conditional Use Permit for the Franklin Mini Storage by Ron Obsorne, 1979 E. Franklin Road. Any discussion, Council? Hearing none, I would entertain a motion. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we approve the request for Conditional Use Permit for construction of a storage unit on 9.79 acres, one office and commercial pad for Franklin Mini Storage by Ron Osborne at 1935 E. Franklin Road and ask the city attorney to draw up the appropriate Findings of Fact and Conclusions of Law and appropriate staff comments. McCandless: Second. Bird: Any discussion? De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: A couple of issues were brought up with perma bark. The pathway matching Woodbridge's, the tempering fence and landscape on the back side of the Phase One and the timing of the berm, what are your recommendations on those issues in the motion? Anderson: I guess on the perma bark I think that makes more sense to me in that particular area. It would be less maintenance. On the pathway I'd like to see that asphalt. On the berm issue -- trying to remember. I think the applicant's requesting that that not be put in until the building's built and I think that makes ( Meridian City Council Meeting September 181 2001 Pg.63 sense, because they've got a building there to go up against that. So I'm okay with that. And what was the last issue? Fence? De Weerd: Temporary fencing and landscaping on the back side of Phase One. Anderson: And 11m okay with the temporary fence and landscaping. McCandless: Second agree? Bird: Second agrees? Okay. Any other discussion? Hearing none, roll call vote, Mr. Clerk, please. Berg: Thank you, Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 9. Public Hearing: Consideration of amendment to the FY01 fiscal year budget by appropriating additional monies received by the City of Meridian: Bird: Okay. Council. Next item, Item No.9. Consideration of amendment to the Fiscal Year 01 budget by appropriating additional monies received by the City of Meridian. You have got your item there. I will open the public hearing. Staff comment? She left. I thought that was Wills project, then. No. Just kidding. As you can see, this is -- this was to change our deal, because of taking in of some additional monies received by the City of Meridian. Any questions, comments by anybody? Anderson: Is this the additional funds from the game sharing? Is that what this was? Bird: I believe so. No, it isnlt. It's the expenditures -- isn't this it? Yes. This is it. That's what I thought. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: Shari, did these include the numbers that you needed to get with Stacy about on anything in your budget? Did you talk with Stacy about it, your budge for this year? Stiles: Was there something in particular that I was supposed to talk to her about? ( Meridian City Council Meeting September 18,2001 Pg.64 (- De Weerd: Well, I thought you might be not seeing within that budgeted amount in some of your consulting areas. Stiles: She told me as long as my overall operating expenses were under budget that I would be fine. De Weerd: Okay. Stiles: That they would do an end-of-year adjustment on those items. If you wanted to give me more money -- De Weerd: Well, I didn't mean to -- Stiles: If you want to let me carry over all that extra, that would be great. Anderson: Go back to what you were doing. Bird: This is the published item. This is what the -- this is what the public hearing is open for is what's been published as the item. Is there anybody from the public like to testify? Hearing none, Council, anymore open discussion? If not, I would entertain a motion to close the public hearing regarding the amendment to the Fiscal Year 01 appropriating additional money. McCandless: I move. Anderson: Second. Bird: Okay. Been moved and seconded to close the public hearing. All in favor say aye. MOTION CARRIED: ALL AYES Item 10. Ordinance No. Year Budget: Amending the 2000/2001 Fiscal Bird: Okay. Okay. Now, Council, Item No.1 0 is the Ordinance regarding this and what's the Ordinance number, Mr. Clerk? Berg: Mr. President, Ordinance No. 01-929. Bird: 01-929? Berg: Yes. Bird: And, Mr. Clerk, would you read the Ordinance by title only? C Meridian City Council Meeting - September 18, 2001 Pg.65 Berg: Thank you, Mr. President, Members of the Council. Ordinance No. 01-929. An Ordinance of the City of Meridian, Idaho, amending Ordinance No.888, the Appropriation Ordinance for the Fiscal Year beginning October 1 st, 2000, and ending September 30th, 2001, appropriating additional monies that are to be received by the City of Meridian, Idaho, in the sum of $235,610 and providing an effective date. Bird: Okay. Anybody in the audience would like to hear the Ordinance read in its entirety? Hearing none, Council, what's your pleasure on the Ordinance? Any discussion? Anderson: No. De Weerd: None. Bird: If not, I would entertain a motion. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we approve Ordinance No. 01-929 amending the 2000-2001 Fiscal Year Budget by the amount of $235,610 with suspension of the rules. De Weerd: Second. Bird: Okay. Been moved and seconded to approve Ordinance No. 01-929 with suspension of rules. Roll call vote, please, Mr. Clerk. Berg: Mr. President. Members of the Council, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 11. FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and north Black Cat Road: Bird: Thank you, Council. Council, Item No. 11, request for final plat approval of 23 building lots and five other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development, south of West Ustick Road and north of Black Cat Road. Staff, any comments? (~ Meridian City Council Meeting September 18,2001 Pg.66 (- Stiles: President Bird, Council, we hadn't heard from the D'Alessio brothers. I mean I don't know if they have gone back to Brooklyn or what. I left a message on their phone and haven't had a response, so I'm just afraid they may be tied up. Bird: Do you recommend, then, just -- Stiles: Table it. Bird: Table it for a couple weeks? Okay. Council, is that fair with you? De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I move we table the request for final plat for Staten Park Subdivision to October 2nd, 2001. Anderson: Second. Bird: Okay. It's been made and second that we table the Staten Park Subdivision final plat until October 2nd, 2001. All in favor say aye. MOTION CARRIED: ALL AYES Item 12. Water, Sewer and Trash Delinquencies: Bird: Item No. 12. Water and sewer delinquencies. This is to inform you in writing, if you so choose, that you have the right to a pre-determination hearing at 7:30 P.M., Tuesday, September 18th, 2001, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel. This service will be discontinued on September 19th, 2001, or September 26th, 2001, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, or trash delinquency? 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 $51 ,452.92. Any questions or anything, Council? Anderson: No. Bird: Okay. I need a motion to -- Anderson: Mr. President. ( Meridian City Council Meeting September 181 2001 Pg. 67 Bird: Mr. Anderson. Anderson: I make a motion that we approve the water, sewer, and trash delinquency turn-off schedule. Bird: And for the schedule of the 19th and the 26th. Anderson: For 9/19/01 to 9/26/01. Bird: Okay. Do I hear a second? McCandless: Second. Bird: Okay. Moved and seconded that we approve the delinquency for water, sewer turn-off to be done on September 19th, 2001, or September 26, 2001. All in favor say aye. MOTION CARRIED: ALL AYES Item 13. Executive Session 67-2345 (b)- Bird: Council, is there anybody in the audience that needs to see us for anything? Okay. Okay. Well, we are glad to hear that. We are glad to see you turn out. Do you want to go into Executive Session? De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I move that we go into Executive Session per Idaho State Code 67- 2345 (b). Bird: Okay. Do I hear a second? Anderson: Second. Bird: All in favor? MOTION CARRIED: ALL AYES Bird: Executive Session. Bird: Council, lid entertain a motion to come out of Executive Session. ( Meridian City Council Meeting September 18, 2001 Pg. 68 McCandless: So moved. De Weerd: Second. Bird: Okay. All in favor? MOTION CARRIED: ALL AYES Bird: Okay. Let it be shown that nothing was decided in the Executive Session. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: I move that we adjourn. Bird: Do I hear a second? McCandless: Second. Bird: Moved and seconded that we adjourn. All in favor? MOTION CARRIED: ALL AYES Bird: Let it be shown that we are out of here at 9:59. MEETING ADJOURNED AT 9:59 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /0 I Z I 0 I DATE APPROVED . \'t \l~tt;tl1'If "'It/. ~~>\~ Of Ml:i~;:::f;.,,~~. ~ ~~~. ~~ .~A J/~ ~ $~ 'V.-. ~~ ~-z, '4 .. - . A J . ." 'R ('~ '. A\TESTED: ).J~ 1:. (' = SEJiL ... € WILLIAM G. BERG, JR., CITY CLERK ~ - "~' p :.' l % ,'1~,"~J.,&..,', 'WC. ~ ~ .:0. .1' ~ v ~r 10." "~ ..~ ~. d1.' . . , '. ,:t~ <~~ ~' ~. ,,' i)::.~~!' ..(f........n.. .~ ~ :~ ~ ,\.~' ~J:'J' " .- - ~''.f 'l' \11'. . ~1:~rti1til~i1"\ \ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FORA DAY CARE ) CENTERFORAPPROXIMATELY ) 100 CHILDREN IN A C-G ZONE ) FOR "THE LEARNING GARDEN ) DAY CARE CENTER", LOCATED ) AT 1230 WEST OVERLAND ROAD ) MERIDIAN, IDAHO ) ) ) ) ) BY: SHANALEE SLADE APPLICANT C/C 09-04-0 I CASE NO. CUP-OI-025 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The. above entitled conditional use permit application having come before the City Council on Septen1ber 4,2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Shanalee Slade, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recolnlue11dations to City Council issued by the Plannillg and Zoning COlTIlnissio11 who conducted a pllblic hearing and the Council having heard a11d tal~en oral and written testimo11Y, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 / ( havil1g duly cOl1sidered the matter, the City Council hereby malces the followil1g Findings of Fact, Conclusions of Law and Decision al1d Order to-wit: FINDINGS OF FACT I. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weelcs prior to the said public hearing scheduled for September 4, 2001, 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 UpOl1 the property under consideration more than one weelc before said hearing and the copies of all notices were Inade available to l1ewspaper, radio and television stations as public service a11nouncelnents; and the matter having been duly considered by the City Council at the September 4, 200 I , public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and sublnit evidence. 2. There has been compliance with all notice and hearing requirelnents set forth il1 Idaho Code s67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 ( 5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed develop1nent request is in a C-G zone and by reason of the provisions of the Meridian City Code ~ 11-17 -4, a public hearing was required before the City Council on this application. 4. The property is located 011 the north side of Overland Road adjacent to the west side of the Nine Mile Drain, 1vleridian, Idaho. 5. The owner of record of the subject property is Mil(e Bleds~e, John Gruenwald and Joe Ballenger of Nampa, Idaho. 6. Applicant is Shanalee M. Slade of Meridian, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined withil1 the City of Meridian Zoning and Development Ordinance, Sectio11 11-7-2. 8. The proposed application requests a conditional use permit for a commercial day care facility for up to 100 in a C-G zone. The C-G zoning designation within the City of Meridian Zoning a11d Development Ordinal1ce requires a conditional use perlnit be obtained for most uses includi11g those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1) . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 ,- I ( 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. Tl1e Meridian City Council tal<.es judicial notice of its Zoning, Subdivision and Developlnent Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the COlnprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governluental subdivisions providing services in the City of Meridian planning jurisdiction public facilities a11d services required by the proposed development will not ilnpose expense upon the public if the followi11g 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, and in accordance with the drawing of 06/04/0 I and date stamped RECEIVED JUL 16 2001 CITY OF MERIDIAN CITY CLERIC OFFICE, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 / Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Landscaping shall be installed as submitted on the site plan with the exception of the most easterly tree in the Overland Road landscape buffer. This tree shall be relocated on site & cOluply with the I tree per 35-feet on center criteria. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. No trees shall be planted within the recorded sewer easement. 2. All parld.ng and areas of circulation shall be ilnproved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. 3. All exterior lighting, whether attached to the bllilding or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or rights-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4C. 4. An addendum to the original Development Agreement (AZ-99-018) shall be recorded prior to occupancy, stating that only those improvements associated with the land to be developed for the Learning Garden. This shall be exclusive of the requirements of ACHD e 5. The applica11t and/or owner of the land shall be responsible for Ineeting the conditions and requirelnents of ACHD for developing this propertYe 6. A five foot wide detached sidewallc shall be installed alo11g the entire le11gth property (not just the Learning Garden portion) adjacent to Overland Road. 7. All signage shall be in accordance with the sta11dards set forth in Section 11-14 of the City Zoning and Developme11t Ordina11ce. All sig11age is subject to desig11 review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site ilnprovelnents shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 ..( 9. 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 shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to developlnent plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements Inust be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupa11cy may be obtained by providing surety to the City in the forIn of a letter of credit or cash in the amount of 110% of the cost of the required improveme11ts (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any telnporary occupancy shall not exceed 60 days to complete the required im proveme11 ts . 12. As part of a conditional use pennit, the City of Meridia111uay ilnpose additional restrictions/conditions. 13. Sanitary sewer and water service to this site shall be provided via service line extensions from existing mains. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 15. The Plal1ning and Zoning Comlnission and City Council further require that a landscaping plan be provided prior to final occupancy of the building. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Adopt the Recommendations of the Meridian Fire Dept as follows: 16. Applicant shall comply with the 1997 Uniform Fire Code. 17. Applicant shall comply with. the State of Idaho requirements for a "Day Care Center" . Adopt the Recommendations of ACHD as follows: 18. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by n1eans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 19. Locate any proposed gated entry a Ininimum of 50-feet froIll Overland Road. Coordinate the location of any proposed gated entry with District staff. 20. District policy requires the applicant to provide a $14,000.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approxilnately 700- feet) prior to District approval of a final plat. 21. Construct two 30-foot wide driveways with IS-foot radii pavement tapers on Overland Road. Locate the western driveway 21 O-feet east of the west property li11e and the eastern driveway located to align with Sportslnan Way on the south side of Overland Road. 22. Provide a recorded cross access easelnent among the lots proposed in the subdivision for access to Overland Road prior to final plat approval. 23. Provide a 110te on the final plat stating tl1at upon redevelopment of Lot 1, Blocl( 1, the driveway to the single family dwelling shall be closed and access to the lot shall be provided from the shared driveway located 21 O-feet east of the west property line. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated 011 the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 25. The Applicant shall additionally comply with ACHD's letter dated July II, 2001, with the conditions al1d requirelnents stated within their letter. Adopt the Recommendations of the Nalupa & Meridian Irrigation District as follows: 26. The District's Ten Mile Drain courses through this project. The District shall require an easement to operate and maintain the facility. No encroachments or changes are allowed without prior approval. The Applicant shall contact the District to obtain right-of-way width. Adopt the Recommendations of the Sanitary Service as follows: 27. The size and location of the waste enclosure is good for access but the waste vehicle will have to blindly bacl( up to egress the property for approximately 200' . Adopt the Recolnmendations of the Central District Health Department as follows: 28. Applicant shall contact Susan Sirnmol1s at the Departmel1t regarding licensing al1d constructiol1 requirements. Additionally, the Applicant shall cOlnply with the City Council's requirelnent from their September 4, 2001 meeting as follows: 29. That the Applicant shall only plant shrubbery with a shallow root system along the east side 5' buffer. 30. The landscaping along the whole frontage of Overland Road shall be fully lal1dscaped 13. The proposed uses within the subject application will be harmo11ious with and in accordance with the Meridial1 COlnprehe11sive Plan and the City of Meridian ZOl1ing a11d Developlnent Ordi11ance because: 13.1 The subject property is desigt1ated 011 the "Gel1eralized Land Use Map" as Mixed/Planned Developlnent". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed withi11 the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, nlaterials, 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, smol(e, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I. C. s6 7 -6503). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 2. The Meridia11 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 othervvise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts aI1d cirCllffistances of each application for special use pennit to detenniI1e prior to grantiI1g the saIne that the evidential showing supports the finding that the following sta11dards are met and that the proposed development: (Meridian City Code S 11-1 7 - 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not rhange the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrilnental to the econolnic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or dalnage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Comlnercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external bou11daries 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 COlnmission 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 tl1e recommendation of the C,ommission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 recommendation of the COll11nissioll. H 6. Following the public hearing and within 45 days after the ~onclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The COlnmission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that allY approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Developlnellt Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence a11d tilning of developnlellt; .c. Control the duration of developlnent; D. Assure that the development is Inaintained 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 thall those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 ( and the Comprehensive Plan of the City of Meridian, which was adopted DeceInber 21,1993, Grd. 629, January 4,1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. The above named applicant is granted a conditional use perIuit for a commercial day care facility for up to 100 in a C-G zone located at 1230 West Overland Road, Meridia11, Idaho, and in accordance with the drawing of 06/04/0 I and date staIuped RECEIVED JUL 16 2001 CITY OF MERIDIAN CITY CLERI( OFFICE, subject to the following conditions of use and development: Adopt the RecoITIInendatio11s of the Planni11g and Zoning and Engineering staff as follows: 1. Landscaping shall be installed as subIuitted on the site pla11 with the exception of the most easterly tree in the Overland Road landscape buffer. This tree shall be relocated on site & comply with the 1 tree per 35-feet on center criteria. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. No trees shall be pla11ted within the recorded sewer easement. 2. All parl<.ing and areas of circulation shall be ilnproved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the sublnitted site plan and Ordinance 11-13-4.F. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 3. All exterior lighting, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or rights-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4C. 4. An addendum to the original Development Agreement (AZ-99-018) shall be recorded prior to occupancy, stating that only those improvements associated with the land to be developed for the Lear11ing Garden. This shall be exclusive of the requireme11ts of ACHD. 5. The applicant and/or owner of the land shall be respo11sible for lueeting the conditions and requirements of ACHD for developing this property. 6. A five foot wide detached sidewall( shall be installed along the entire length property (not just the Learning Garden portion) adjacent to Overland Road. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site improvements shall conform to the requirements of the AInericans with Disabilities Act. 9. A drainage plan designed by a State of Idaho licensed arcl1itect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm vvater treat111ent a11d disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving strealn provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 i , ~, ( Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be cOlnplete prior to obtaining a Certificate of Occupancy for the proposed developlnent. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvelnents (including paving, striping, landscaping, and irrigation). A bid shall accompany allY request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to cOlnplete the required improvements. 12. As part of a conditional use perlnit, the City of Meridian may impose additional restrictions/conditions. 13. Sanitary sewer and water service to this site shall be provided via service line extensions from existing mains. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 15. The Plannillg and Zoning Comlnission and City Council further require that a landscaping plan be provided prior to final occupancy of the building. Adopt the Recolnmendations of the Meridian Fire Dept as follows: 16. Applicant shall comply with the 1997 Uniform Fire Code. 17. Applicant shall comply with the State of Idaho requirements for a "Day Care Center" . Adopt the Recommendations of ACHD as follows: 18. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by Ineans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 19. Locate any proposed gated entry a Ininimun1 of 50-feet from Overland Road. Coordinate the location of any proposed gated entry 'With District staff. 20. District policy requires the applicant to provide a $14,000.00 deposit to the Public Rights-af-Way Trust Fund for the cost of constructing a 5-foot 'Wide concrete sidewalk on Overland Road abutting the parcel (approxiluately 700- feet) prior to District approval of a final plat. 21. Construct two 30-foot 'Wide driveways 'With 15-foot radii pavelnent tapers on Overland Road. Locate the western driveway 21 O-feet east of the west property line and the easterl1 driveway located to align 'With Sportslnal1 Way on the south side of Overland Road. 22. Provide a recorded cross access easement among the lots proposed in the subdivision for access to Overland Road prior to final plat approval. 23. Provide a note on the final plat stating that upon redevelopment of Lot 1, Blocl, 1, the driveway to the single family dwelling shall be closed a11d access to the lot shall be provided from the shared driveway located 21 O-feet east of the west property line. 24. Other than the access points specifically approved 'With this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required 'With this applicatiofl, shall be stated on the final plat. 25. The Applicant shall additionally comply 'With ACHD' s letter dated July II, 2001, 'With the conditions a11d require111el1ts stated 'Withi11 their letter. Adopt the Recolnme11dations of the Nalnpa & Meridiall Irrigation District as follows: 26. The District's Ten Mile Drain courses throllgh this project. The District shall require an easement to operate and maintain the facility. No encroachlnents or changes are allowed 'Without prior approval. The Applicant shall contact the District to obtain right-of-way 'Width. Adopt the Recommendations of the Sanitary Service as follows: 27. The size and location of the waste enclosure is good for access but the waste vehicle 'Will have to blindly baclc up to egress the property for approximately 200' . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 / f Adopt the Recommendations of the Central District Health Department as follows: 28. Applicant shall contact Sllsan Simmons at the Department regarding licensing and construction requirements. Additionally, the Applicant shall comply 'With the City Council's reqllirement from their September 4, 2001 meeting as follows: 29. That the Applicant shall only plant shrubbery 'With a shallow root system alol1g the east side 5' buffer. 30. The landscaping along the whole frontage of Overland Road shall be fully landscaped 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use perluit. 4. That the City Attorney draft an Order Gral1ting 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 ClerIc upon the applicant, the Planning and Zoning Department, the Public W orIes Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please tal,e notice that this is a final action of the governing body of the City of Meridial1, pursuant to Idaho Code S 67-6521 an affected person beil1g a person who has an interest in real property which may be adversely affected by the issuance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 7 or denial of the conditional use permit approval may 'Within twenty-eight (28) days after the date of this decision and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ! g-lb- dayof JJpteht,~, 200l. ROLL CALL: COUNCILMAN RON ANDERSON VOTED$!- COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED$~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: 1-1 B -{J ! MOTION: I APPROVE : DISAPPROVED: Copy served upon Applicant, Planning a11d Zoning Departluent, Public W orl(s Department and the City Attorney. .d<)i\'o~~';~l:;~~"t}/.I ~~~. ~~ 9 . ~#(y;.'. ~.,;!~:~~'.,~.~',". ~;r.:.~~~\~ 118 /1( t-. ~, J~'Jr-' \ ;~ -:" 'o;,.;"~ /' l/ B~. ~ ~ .t ;~tJ -r'9ated:1:"- City Clerk . i ( :~ i, . , "i: ! ~ :'.':/- - lJ ~ $ \ .~4~ p- ~ ~. \:'.\ . J-i I ~. \ . ~'.~i.~ . ,,":~J I -9 \\NP A _ NTS40 ]DaSERVER _ Z\ W ork\M\Meridian ~J. ~.ff(~~';:~~6.Q,~. ~~/ .~,. . 01-01 O\FfCIsCUPO 1-010 .doc '1;:.. ,",', ;"'-';'" ~ d'..~ :~~V;~ k~','rl ' , "":.JJ2...1. -} If . .it~JJW~:~rt~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 ( ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/04/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A DAY CARE ) CENTER FOR ) APPROXIMATELY 100 ) CHILDREN IN A C-G ZONE ) FOR "THE LEARNING ) GARDEN DAY CARE CENTER", ) LOCATED AT 1230 WEST ) OVERLAND, MERIDIAN, ) IDAHO ) ) SHANALEESLADE, ) ) ) APPLICANT ) ) Case No. CUP-OI-025 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council 011 the 4th day of September, 2001, under the provisions of Meridian City Code S 11-1 7 -4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning COlnmission the Council talces the follo'Wing action: 2. That the above l1amed applicant is granted a cOl1ditional use perlnit for a commercial day care facility for up to 100 in a C-G zone located at 1230 West Overland, Meridian, Idaho, and in accordance 'With the dra'Wing of 06/04/01 a11d date ORDER CONDITIONAL USE PERMIT BY SHANALEE SLADE / CUp..O 1..025 .. 1 ( ( stamped RECEIVED JUL 16 2001 CITY OF MERIDIAN CITY CLERI( OFFICE, subject to the follo'Wing conditions of use and developlnent: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Landscaping shall be installed as submitted on the site plan 'With the exception of the lTIOst easterly tree in the Overla11d Road la11dscape buffer. This tree shall be relocated on site & comply 'With the 1 tree per 35-feet on center criteria. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. No trees shall be planted 'Withi11 the recorded sewer easement. 2. All parldng and areas of circulation shall be improved 'With a hard surface in accordance 'With Meridian City Code 11-13-4.D, and shall be installed and striped in accordance 'With the submitted site plan and Ordinance 11-13-4.F. 3. All exterior lighting, whether attached to the building or located 'Within the parlcing lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or rights-of-way. All parlci11g lot lighting shall be i11 accordance 'With Ordinance II-13-4C. 4. An addendum to the original Development Agreelnent (AZ-99-0 18) shall be recorded prior to occupa11cy, stating that only those improvelnents associated 'With the land to be developed for the Learning Garde11. This shall be exclllsive of the requirelnents of ACHD. 5. The applicant and/or owner 9f the land shall be responsible for lueeting the conditions and requirements of ACHD for developing this property. 6. A five foot 'Wide detached sidewall, shall be installed along the entire length property (not just the Learning Garden portion) adjacent to Overland Road. 7. All signage shall be in accordance 'With the standards set forth in Section 11-14 of the City Zoning and Developlnent Ordinance. All signage is subject to design review and shall require separate perlnits. Temporary or portable signs shall be prohibited, and shall be relnoved upon 3 days notice to the applicant. ORDER CONDITIONAL USE PERMIT BY SHANALEE SLADE / CUP-O 1-025 - 2 8. All constructi011 and site ilnprovements shall c011form to the requirements of the Americans 'With Disabilities Act. 9. A drainage plan designed by a Stat~ 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 shall be designed in accordance 'With Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and COul1ties and City of Meridian standards and policies. Off-site disposal i11to a surface water is prohibited unless the jurisdiction which has authority over the receivi11g strealn provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications 'With the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed 011 at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance 'With Ordinance 11-12-1 C. Coordinate location and construction requirements 'With Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to COll1plete the required improvements. 12. As part of a conditional use pennit, the City of Meridian may ilupose additional restrictions/conditions. 13. Sanitary sewer and water service to this site shall be provided via service line extensions from existing Inains. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 15. The Planning and Z011ing COlnmission and City Cotlncil further require that a landscaping plan be provided prior to final occupancy of the building. ORDER CONDITIONAL USE PERMIT - 3 BY SHANALEE SLADE / CUP-OI-025 Adopt the Recommendations of the Meridian Fire Dept as follows: 16. Applicant shall comply 'With the 1997 Uniform Fire Code. 17. Applicant shall comply 'With the State of Idaho requirements for a "Day Care Center" . Adopt the Recolumendations of ACHD as follows: 18. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by lueans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building perlnit (or other required permits), whichever occurs first. 19. Locate any proposed gated entry a luinimum of 50-feet from Overland Road. Coordinate the location of any proposed gated entry 'With District staff. 20. District policy requires the applicant to provide a $14,000.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot 'Wide concrete sidewalk on Overland Road abutting the parcel (approximately 700- feet) prior to District approval of a final plat. 21. Construct two 30-foot 'Wide driveways 'With IS-foot radii pavement tapers on Overland Road. Locate the western driveway 21 O-feet east of the west property line and the eastern driveway located to align 'With Sportsman Way on the south side of Overland Road. 22. Provide a recorded cross access ease1uent alnong the lots proposed in the subdivision for access to Overland Road prior to final plat approval. 23. Provide a note on the final plat stating that upon redevelopment of Lot 1, Block 1, the driveway to the single family dwelling shall be closed and access to the lot shall be provided from the shared driveway located 21 Q-feet east of the west property line. 24. Other than the access points specifically approved 'With this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required 'With this application, shall be stated on the final plat. ORDER CONDITIONAL USE PERMIT BY SHANALEE SLADE / CUP-OI-025 -4 ( 25. The Applicant shall additionally COll1ply 'With ACHD's letter dated July 11, 2001] 'With tl1e conditions and requireme11ts stated 'Within their letter. Adopt the Recolnlnendations of the Nampa & Meridial1 Irrigation District as follows: 26. The District's Ten Mile Drain courses through this project. The District shall require an easement to operate and maintain the facility. No encroachments or changes are allowed 'Without prior approval. The Applicant shall C011tact the District to obtain right-of-way 'Width. Adopt the Recommendations of the Sanitary Service as follows: 27. The size and location of the waste enclosure is good for access but the waste vehicle 'Will have to blindly bacIc up to egress the property for approximately 200' . Adopt the Recommendations of the Central District Health Department as follows: 28. Applicant shall contact Susan Simmons at the Departme11t regardil1g licensing and construction requirements. Additionally, the Applicant shall cOluply with the City Council's requirement from their September 4, 2001 meeting as follows: 29. That the Applicant shall only plant shrubbery 'With a shallow root system along the east side 5' buffer. 30. The landscaping along the whole frontage of Overland Road shall be fully landscaped 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 per1nit. 4. Notice to Perlnit Holder, this conditional use permit is not tra~sferable 'Without complying 'With the provisions of Meridian City Code S 11-1 7 -8, a copy of ORDER CONDITIONAL USE PERMIT BY SHANALEE SLADE / CUP-OI-025 - 5 ( ( which is attached to this permit. By action of the City Council at its regular meeting held on the 1871 day of J:ep-/-e ;r/~ " , 200 1. / ~ _ ~ . · , r City of Meridian ~ /4!rn..l!Jlrd- - Preu?leJ- C,ht Ct7lA'Vl~ Copy served upon Applicant, the Planning and Zoning Department, Public W orles Department and City Attorney. By:~~J;-/3e;) a City Clerk f/ Dated: Cj-/&-a( ORDER CONDITIONAL USE PERMIT BY SHANALEE SLADE / CUP-O 1-025 - 6 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09-11-01 IN THE MATTER OF THE ) REQUEST FOR ) PRELIMINARY/FINAL PLAT ) FOR PRESIDENTIAL ) SUBDIVISION FOR ) DEVELOPMENT OF 4 ) COMMERCIAL BUILDING ) LOTS IN THE MERIDIAN ) CROSSROADS SHOPPING ) CENTER IN AN I-L ZONE, ) LOCATED AT THE ) SOUTHEAST CORNER OF E. ) PRESIDENTIAL DRIVE AND N. ) EAGLE ROAD IN MERIDIAN, ) IDAHO ) ) BY: DAICOTA COMPANY ) ) ) ) Case No. P/FP-OI-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above e11titled matter comi11g on regularly for public hearing before the City Council on Septe1uber 11, 2001, and Shari Stiles, Planning and Z011i11g Administrator, appeared and testified at the hearing, and appearing a11d testifying on behalf of the Applicant were: John Paulson and Tom Bowens, and appearing with comments or concerns was Robert Corbell, and the City Council having received a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL S.UBDIVISION / BY DAI(OTA COMPANY (PFP-OI-002) - 1 report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this Inatter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Dra'Wing described as follows, "PRESIDENTIAL SUBDIVISION, A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 9, .TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001, SHEET I OF 2, FINAL_PLAT2.dwg 6-11-01, QUADRANT CONSULTING, INC.", submitted for prelilninary/final plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council mal<es the follo'Wing findings: FINDINGS OF FACT I. That the proposed develop1ue11t is in conformance 'With the COluprehensive Plan by reason of the fact that it lies 'Withi11 the existing Urban Area as defined in the Meridian COluprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis COluprehensive Pla11 and Map, adopted December 21, 1993, and the property is presently z011ed I-L Light Industrial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section .11-7-2 I.] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION / BY DAI(OTA COMPANY (PFP-OI-002) - 2 ( 2. The preliminary plat is in conformance 'With the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be luade available to accoffi1110date the proposed developlnent if the plat C0111plies 'With the require1nents and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development 'Within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III are met there 'Will be public financial capability of supporting services for the proposed develop1nent. 5. The development, if built in accordance 'With the conditions and as proposed, 'Will not create health, safety or environme11tal 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. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Sectio11 12-3-5 and based upon the above and foregoing Findings of Fact which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION / BY DAlCOTA COMPANY (PFP-OI-002) - 3 ( are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Pinal Plat of the applicant as evidenced by " PRESIDENTIAL SUBDIVISION, A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001, SHEET 1 OF 2, FINAL_PLAT2.dwg 6-11-01, QUADRANT CONSULTING, INC.", submitted for prelimi11ary/final plat. 1. The conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Brad Hawld11s-Clarlc, Planner for Planning and Zoning, and Bruce Frecldeton, Engineering Technician III, dated July 30,2001, listing II Preliminary Plat Site Specific Comments, 11 General Comments and 2 Final Plat Site Specific Comn1ents, and the response letter of John L. Paulson of the Dalcota COlnpa11Y, Inc., true and correct copies of which are attached hereto marlced Exhibit "Alf, and consisting of eight pages, and by this reference incorporated herein, 'With the additional requirements from the City Council at their meeting of September 4, 200 I, and the requirements are as follows, to-'Wit: 1.1 The City Council's action from their Septe1uber 4, 2001 meeting, shall be the revision of number 2 on page 2 of the Recomme11dation presented to Council from Plaru1ing and Zoning, and which number 2 011 page 2 shall now read as follows: 2. Per Ordinance 12-13-7.3., an additional C01TIlTIOn lot shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION / BY DAI(OTA COMPANY (PFP-OI-002) - 4 ( ( added along both the Eagle Road and Pine Avenue frontages to accommodate the required street landscape buffers. A Variance application has been submitted to allow a landscape easement instead of a common lot and the Commission has recommended approval of the Variance. 1.2 The City Council's action from their September 4,2001 meeting, shall be the revision of nUlnber lOon page 4 of the Recommendatio11 presented to Council from Planning and Zoning, and which nUlnber 10 on page 4 shall now read as follows: 10. The Planning and Zoning Commission requests that the sidewalles along Eagle be 5' detached sidewalles frolll the road to create a parlcway and then connected to the existing sidewalk location at the edge of the plat. 1.3 The City Council's action from their September 4, 2001 meeting, shall be the elilnination of number 11 on page 4 of the Recommendation presented to Council from Planning and Zoning 1.4 The Transportation Department requires before any worle in done on the SH-55 right of way permits shall be needed. 1.5 No access shall be allowed from Eagle Road (SH-55). Access to this subdivision shall be off of Pine Avenue and Presidential Drive. 2. The final plat upon which there is contained the Certification and sigt1ature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and FINDINGS OF FACT AND CONCLUSIONS OF LAW , AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION / BY DAICOTA COMPANY (PFP-OI-002) - 5 ( By action of the City Council at its regular meeting held on the (gf!:day of ~~~ ,2001. By:;2a& i/ ~~ 9~/[?~ol RODl2RT D. CORRIE /(~d pC ILO} /!;if-~ ~, City of Meridian IreJl2t~h.rt- Oi:J (;Q1,{;i't-d Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and City Attorney. Bydb~.~~ t) City Clerk f/ Dated: tp! i -() / .t-' \,\ \~+t~'t<tu:t~tl;t;f: J:,,~ 0''':. ~~~.,. ~f~ ~\)'~.J . ~ ~~'7.r~~". 'f"Y.t; ,,{\, ~~'Tl'~~~ "{~~ ~ ~... . c ~'~.. ,,-" :..,..--~ .f (1" ~..fJ~~'"<~'''st?~ t.... ~~~. 11 :- "-~d-;p. ..~~t~ "~ ; ~ "j \. J"f \ :~, ~jJ U.' ..:.. i ~ .4! .J/:. , ti.j9 _ ..t~.....\1., ~ 't: ~ ~ ~.; J -- ~~:s... ,;~~ . ;~ _' \:~~'"~ _, -.S' . ~-v . -::. "fa. ~-.,.~ ~ ~~. ~ ~~, ")t ~ '~'Ww~^I.~~.1P.~ J~.f. '""'f..~' . . ~,~ ~ .~~ f..'~'w~ ~t.~. ~~. t~,,_~~~ 1- ~, ~ ".fIf --r~_~u~~ Z:\W ork\M\Meridian\Meridian 15360M\Presidential Sub PFPO 1-002\FinaIPlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION / BY DAlCOTA COMPANY (PFP-OI-002) - 6 ( HUB OFTREASrjRE VAllEY A GoOO l'1ace to Live ( r/\arllLU~ -t ZC(\J~ AUSUS1r Z I 2.C()j rt e('(\ NO. lO ~YO* R.oben D Gorric CITY OF !v1ERIDIAN 33 EAST IDAHO 11ERIDL\N, IDAHO 83642 (208) 388-4433. FAX (3l8) 887-4813 Ci!y Oedz: 0f5ce Fu (208) 8884218 crIY COUNClI'~oI\tTmRS Ron A~on Kdtla Hinl T2tM"Jf di:~ Chc:ic .McC.itIcas (208) 8tw-nn . FAX S88...6854 Mn;IORANDUM: To: i Mayor, City Council~ Planning & Zoning Commission Bruce Freckleton, Assistant to City Engineer ~ Brad Hawkins-Clark~ Planner ~ July 30, 2001 RECEIVED Fro ID:i: : ~ oJ......." ..... "j ::; ,~ '~ t _ 1 Re: City of MeridisrJ. City Clerk Office Request for Preliminary/Final Plat Approvdl ~r: Presidential Subdivision By Developers Diversified Realty Corp., c/o Dakota Company~ Inc. (File No. P.fl'-Ol-002) We __ve reviewed this submittal aDd offer the following comments, as eonditioDS of the app~tioD. These eODditions shaD be coDsidered in fuD, onless expressly modified or delettd by motioo of the Meridiaa City CouD.cil: APPt~CATIONS SUMMARY Thes~ applications were approved last year with conditions by the Commission and City Counpil The reason the applications are back in front of you is because the Applicant has dec~ to add one (1) buildable Jot to the subdivision.. Instead ofa three-lot subdivision it is now a fout-Iot subdivision. This ~w plat adds a new lot along the Eagle RoadlSH 55 frontage) at the so~st comer of the subdivision. Ordinance 12-13-3.C. allows applicants to combine PreliJhinary and Final PIat applications under a single process, which Dakota has done. The subd~~ision is within the boundaries of the Meridian Crossroads Shopping Center.. Staff is recorlunending approval of the PreliminarylFinal Plat applications. The ~pp)ication also includes a request for three (3) Variances from the landscape ordinance (Ordf 12-13-7..3, 12-13-7.4).. One Variance request is to omit the requirement for the Eagle Road landsPape buffer to be on a separate common lot. The second Variance request is to reduce the .Eagl~ Road landscape buffer width from 3S feet to 20 feet. The third Variance request is to reduQe the minimum buffer width between incompatible land uses from 2S feet to 20 feet. Se~e V~e applications were submitted and will accompany the plat applications to City CounCil. REQUIRED FINDINGS Sectifm,s 12-3..3 J.2.. and 12-3-5 D read as follows: ~ID det~rmiDing the acceptance of a propOsed subdivision the Commission/Council shaD consider the objectives of this title IIDd at le1ist the following: 9. The c-Onformanee of the snbdiviBion with the Comprehensive De"l~lo'pment P]!L"':\; PYl' ."n..(J(Q Ed;6:f "R" I 01 a ~wSubnr.d~ ( Mayor, Council and P&L July ~O, 2001 Page f Staff finds the subdivision is in conformance with the Comprehensive Plan. b. The availability ofpubUc 8eniees to accommodate the pnJpMed development; Staff fmds the subdivision to have public services readily available on sUet provided changes as may be required by the Public Works and Building Departments are made. c. Tbe cODtinuity of the proposed development with tbe capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The pllbJic financial capabiHty of supporting se.-vlees for the proposed development; Staff finds that the development's services will be primarily funded by the private developer and will not require major public expenditures for supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attotlon. Staff fmds that, as lOng as the block wan between the proposed commercial subdivision and the residential Crossroads Subdivision is properly construct~ the landscaping is densely planted and the hours of operation required of the shopping center in the existing CUP are adhered lO, than the subdivision should not create any health, safety or environmental pro'blems. lBIfIMIN~Y PLAT SITE SPECIFIC COMMENTS I 1. S~ sewer and water service to this site shall be via main extensions from the existing ~s installed as part of the Family Center and Lewis & Clark Middle School projects. 2. pk Ordinance 12-13-7.3, an additional common lot sba11 be added along both the Eagle Road ~ Pine Avenue frontages to accommodate the required street landscape buffers. A \1ariance application has been submitted to allow a landscape easement instead of a common lcj t.. 3. l)te approved CUP for Meridian Crossroads Shopping Center required a 20-foot wide ~scape buffer on Eagle Road. However, as a new application, the subject plat is required tQ adhere to existing ordinances, including the required 35-fool buffer along Eagle Road as an entIyWay corridor. A Variance application has been submitted to allow this new ~'bd.ivision to match Phase 1. of the shopping center and provide a 20-foot buffer instead of hP~li E,u,:h,.-/ NIJ"J. ~I a ~I s.,b.Pf!'".doe ( Mayor, Council and P&.r- July 30) 2001 Page ~ tqe 35-fuot buffer. Twenty (20) feet minimum is also required along Pine Ave as an Urban Q)llector, which is the width proposed on the plat. ~ 4. 'J1te approved CUP for Meridian Crossroads Shopping Center required a 20-foot wide I~scape bUffer between the shopping center and Crossroads Subdivision. However, as a ~w applicatio~ the subject plat is required to adhere to existing ordinances, including the r~uired 25-foot buffer between incompatible land ll.'ieS. A Variance application has been &qbmitted to allow this new subdivision to match Phase 1 of the shopping center and provide a ~o-foot buffer instead of the 25-foot buffer. 5. T~o-hundred-fifty- aDd l00-watt, high-pressure sodium streetlights will be required at l~ions designated by the Public Works Department. AJI streetlights shall be installed at ~viderts expense. 6. APplicant has not ind.i~ted whether the pressurized irrigation system within this d~lopment is 10 be owned and ma.intained by an association or the Nampa & Meridian Iqation District. If the system is being proposed as a private system, plans and sPecifications for the inigation system shall be reviewed by the Public Works Department as ~ of the development plan review process. A draft copy of the pressurized irrigation sjstem O&M manuaJ must be submitted prior to plan approvaL The City of Meridian r~uires that pressurized inigation systems be supplied by a year-round source ofwater..lfa ~k or well source is not available, a single-point connection to the culinary water system ~ be required. If a singlo-point connection is utilized, the developer shall be responsible fqr the payment of assessments for the common areas prior to signature on the final plat by tile Meridian City Engineer. If City water is proposed as a secondary source, developer shall ~ responsible to pay water 8SSe$SJIlents for the entire conunon open area. 7.. ~led landscape plans fur alllmxlscape easements were submitted for review and approval ~th the subject applications. Staff recommends approval of the Perimeter Landscape Plan ($heet L-I, dated 03-2~Ol), with the fonoWing two (2) changes: . a) A note shall be added to the Perimeter Landscape Plan (Sheet L-I, dated 03-26-01) which requires a three foot (3") berm be planted within the east boundary landscape buffer. b) A note shall also be added which requires a minimum six foot (6") high masonry block wall be constructed at the east property line.. Staff also recommends the Applicant confirm that the Eagle Road landscaping as proposed ~ll not present a visibility problem for future tenant signs in the buffer. Modifications ~uld be made now rather than at the time of Certificate of Zoning Compliance for each ~e pad. A letter .of credit or cash surety will be required tor the landscape ~ovements prior to City signature on the Final Plat. 8. fl4 six to eight-foot-high,. permanent perimeter wall shall be required along the east property 1ihe~ similar to the wall ~ady in place along PhaSe 1 of the Family Center. Submit detailed f<toeing/wall plans fur review and approval prior to City signature on the Final Plat. All r~quired walls/fencing is 10 be in place prior to issuance of building permits. ""P.oI~ ; E)ti,,. h'" ';4" 411P8 ~Sub~.dcG ( : \ Mayor, Council and P&.l July 30, 2001 Page 4 9. ~ signage for the sulxlivision is subject to the requirements placed on the Conditional Use p~ for the Family Ct;nter and requires separate pennits. 10. statTrequests that the sidewalks along Eagre be detached from the road to create a parkway ~ then connected to the existing sidewalk location at the edge of the plat. , 11. S~bmit 10 copies of the revised plat that conforms to these requirements at least one week p#or to the public hear~ with City Council Also submit one 8 Yi x 1 I legible copy of the r~ plat. GEN)mAL COMMENTS 1. NlY existing irrigation/drainage ditches crossing the property to be included in this project s4al1 be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate lItigation/drainage district, with written confirmation ofsajd approval submitted to tre Public \\forks Department_ No variances have been requested for tiling of any ditches crossing this p"*,ject. 2. Ahy existing domestic wells and/or septic systems within this project will have to be r~ved from their domestic service per City Ordinance 9-1-4 and 9-4-8. Wells may be used ro,. non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning anP Dfvelopment Ordinance 1 ] -13. 4. P~ving and striping shall be in accordance with the standards set forth in the City of Meridian ~ning and Development Ordinance 11-13-4 and in accordance with Americans with D~bilities Act (ADA) requirements. 5. ^ drainage plan designed by a State of Idaho licensed architect or engineer is required and s4an be submitted to the City Engineer for all off-street parking areas as per City Ordinance 1 l-13-4.B.4. A.ll site drainage shall be contained and disposed of on-site. 6. ~tside lighting shall be designed and placed so as not to direct illumination on any nearby re{sidential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M ~ 7, Ail signage shall be in accordance with the standards set forth in the City of Meridian Zoning ~ Development Ordinance 11-14. No temporary signage, flags, banners or flashing signs ~ be permitted. 8. ptovide five-root-wide sidewalks in accordance with City Ordinance 12-5-2.K. 9.. AU construction shall conform to the requirements of the Americans with Disabilities Act. PFp...ol~ )FUe, -h, · f 'lI 1# J/ ~{ , ~~fP~d<< ,- f May(jr, Council and P&L July 30, 200 1 Page :5 10. Please submit a copy of the Ada County Street Name Committee's final approval letter for ~e Subdivision name, lot and block numbering. Make any corrections necessary to confonn 11. Please respond in writing to all comments contained in this memo by 12:00 noo~ August 1, 2901, prior to the scheduled meeting of the Meridian Planning and Zoning Commission. FlN4J.. PLAT SITE SPECMC COMMENTS t.. Assessment fees tor water and sewer service are determined during the bniltJing plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian.. In addition to these assessments, water and sewer "Late Comers" fees may also be charged against this parcel to help reimbw-se the parties responsible for installing the water and sewer mains to their current points. 2. Please execute the Certificate of Owners and its accompanying Acknowledgement. Reeo.membtlon I Staff.~mm~..oos approval of these applications with the above noted. conditio~ pfp..Ol...002 & ;t.J, il:J/f ~ " 5 tJ( f ~1~bPPP.doc / ,- I ~ I DAKOTA p\ Clfl rl L \~ 4 Z (ru~ .../ 200 AujuS i. 2, I Hem 1\10, (0 COMPANY.INC August 1, 2001 RE CE T~T-r:1~... : . 1 '\ ~\... I ~ ) _. 'i' _...0:. ~ "'-_ ,~ :_d: ,j , !>:;.';: Mr. Brad Hawkins - Clark Planner City of Merid;an Planning & Zoning Department 660 E. Watertower Ln., Suite 202 Meridian, Idaho 83642 City of Meridian City Clerk Office RE: Preliminary Plat & Final Plat Applications Presidential Subdivision Meridian, Idaho Dear Mr. Hawkins - Clark: I would like to offer a few comments regarding the July 3D, 2001 Staff Report, for the Preliminary Plat & Final Plat Applications for the Presidential Subdivision. The numbered items below correlate to the numbers of the Staff Report (see attached copy)_ GENERAL COMMENTS: Items #1 through 1 -In agreement Item #1 0 - See Attached Copy of the Ada County Street Name Committee's approval. for the Presidential Subdivision PREMLlMINARY PLAT SITE SPECIFIC COMMENTS: Item #1 - In agreement AUG 01 '~1 1?:~q . PHONE (208) :~1 5223 FAX (208) ,).1.1--a954 J80 tAST ?AI?KCfNTEl? eIVD. ~UIT[ } 00 E U, ;~iJ~~;:O~' 19 " ~--O .pI Item #2 through 4 - We request that no common lot be created for the landscape setback areas along Eagle Road, Pine Street or adjacent to the Crossroads Subdivision. The landscape setback dimensions were aJready agreed to during the Conditional Use Permit process. The landscape setback area does not require a separate common Jot as the entire project is covered by a common area maintenance and cross easement agreement. For the Records East Subdivision Plat the landscape setback areas were designated by a note on the final plat. I would like to suggest the same procedure be used for this situation. No common Jot is required. Item #5 In agreement Item #6 In agreement Item #7 We will submit landscape plans for the landscape setback areas prior to signature of the plat. Jtem #8 The requirement should read a 6' high concrete block wall will be constructed. This is already a Condition Of Approval under the existing Conditional Use Permit. We request that the last sentence be deleted. The wall and th'e landscaping would be installed during the normal construction schedule. The installation would have to be completed prior to issuance of the first Certificate Of Occupancy for the subdivision. Item #9 In agreement Item #1 0 We request that curb, gutter and attached sidewalk be installed per the Conditions Of Approval outlined in the existing Conditional Use Permit and the ACHD Conditions Of Approval. A detached sidewalk would 2 RUG 01 '01 12:10 EM, 'IJ ,''; '" "~M7 (! -t J' ('- { not be consistent with the Phase J portion already completed which stretches all the way from Presidential Street to Venture Street. Item #11 In agreement FINAL PLAT COMMENTS: Item #1 & 2 - In agreement If you have any additonal questions or comments, please do not hesitate to contact me4 " Very Truly Yours j-~ ohn l~~ PalJJson Dakota Company, Inc. For Developers Diversified Realty Corp. Cc: Mr. Bruce Freckleton - Assistant to City Engineer, City of Meridian Mr. Will Berg - City Clerk, City of Meridian J:JtiI,IJ,y "A II P fJtf RUG 01 '01 12:10 ?~R ~.<1~ /1O!:::/1 DAr, nA BEFORE THE MERIDIAN CITY COUNCIL IN THE MAlTER OF THE ) APPLICATION OF DAI(OTA ) COMPANY, INC., FOR A ) VARIANCE TO DELETE THE ) REQUIREMENT FOR ) SUBDIVISION STREET BUFFERS ) TO BE ON A COMMON LOT, ) MAINTAINED BY A BUSINESS- ) OWNER ASSOCIATION, ) LOCATED AT THE SOUTHEAST ) CORNER OF PRESIDENTIAL ) DRIVE AND EAGLE ROAD, ) MERIDIAN, IDAHO ) C/C 9-04-0 I VAR-OI-OIO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter COIning 011 regularly for public hearing before the City Council on September 11, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were: John Paulson and Tom Bowens, and appearing 'With concerns or comments was: Robert Corbell, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimo11Y presented, being fully advised in the prelnises does hereby mal(e the follo'Wing Findings of Fact and Conclusions of Law and Ord,er of Decision, as follows to-'Wit: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OIO DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 1 of 9 ( FINDINGS OF FACT I. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridia11 adopted Deceluber 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code s~ 67-6509, 6516 and Meridian City Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Hermes Associates, Ltd, Developers Diversified Realty Corp, whose address is 3300 Enterprise Parlcway, Beachwood, Ohio 44122, and in CARE OF: Dal(ota Company, Inc.., 380 E. Parl(center Blvd., Suite 100, Boise, Idaho 83706. 4. The owners of the property are Hermes Associates, Ltd. and Developers Diversified Realty Corp, 3300 Enterprise Parlcway, Beachwood, Ohio 44122. 5. The location of the subject property is presently located in an I-L 'With a conditional use permit, and which subject property is located at the southeast corner of Presidential Drive and Eagle Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included 'Within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file 'With the Meridian City Clerk's office. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OIO DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 2 of 9 ( 7. The present land use of subject property is presently zoned as I-L vvith a conditional use permit, and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the follo'Wing manner: Four commercial building lots. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City Council sho'Wing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the follo'Wing provision of the Meridian City Code, S12-13-10-3, Applicability, which provides as follows: 12-13-10-3. APPLICABILITY: Street buffers shall be required at all subdivision boundaries (i.e. cOlumercial, industrial, office, and residential) and all cOlnmercial, industrial, and office developments. Single-family residential, duplex, and townhouse lots are exempt from required street buffers. All subdivision street buffers must be on a common lot, maintained by a home- owners or business-owners association, as applicable. 11. All property owners 'Within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file 'With the Pla11ning and Zoning Department. 12. The characteristics of the subject property which prevent compliance 'With the require1nents of the ordina11ce are that the Meridian Crossroads Shopping Center does not have common lots for existing street buffers and common areas. The Inaintenance of all common areas in the Meridian Crossroads Shopping Center are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OIO DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDNISION Page 3 of 9 ;" (P handled under a Common Area Maintenance Agreement which all tenants are a part of. The requested variance is in compliance 'With the original Conditional Use Permit for the Meridian Crossroads Shopping Center. 13. The minimuIn requirements of the ordinance that need to be reduced to permit the proposed use would be the need to eliminate the requirenlent for subdivisio11 street buffers to be on a common lot and maintained by a business-owner association. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is addressed in number 12 above. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied 'With, and the special conditions and circumstances that exist, are as stated above in number 12. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the City of Meridian approved the shopping center prior to the adoption of the current ordinance. 17. The existence of special circumstances or conditions affecting the property are as stated above in paragraphs 12 and 16 above. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 20. The variance would allow the applicant to avoid the requirement of the ordinance as he would not have to provide the subdivision street buffers to be 011 a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OIO DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 4 of 9 comrn011 lot. 21. The granting of the requested variance 'Will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, a11d, in fact, the development of the plat in accordance 'With the conditions of approval and the requirements of the Subdivision Ordinance 'Will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance 'Will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City COU11Cil for application for a variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enact1ne11t of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OIO DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 5 of 9 ( in Idaho Cod,~ S 67 -6509, 6516 and Meridian City Code 99 11-15-5 and 11-17 -5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be i1upracticable and unreasonable, and a finding that strict cOInpliance vvith the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjace11t development, or other physical conditions or other conditions that make strict compliance 'With the ordina11ce unreasonable under the circumstances, or that the conditions and requirements of said ordinance 'Will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance 'Will not be detrimental to the public's welfare or injuri~us to other property in the area in which the property is situated, and that such variance 'Will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive PlarL. 5. Meridian City Code, 12-13-10-3, APPLICABILITY, and in the I-L zone if gra11ted the variance, provides as follows: 12-13-10-3. APPLICABILITY: Street buffers shall be required at all subdivision boundaries (i.e. commercial, industrial, office, and residential) and all commercial, industrial, and office developments. Single-family residential, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OIO DAKOTA COrviPANY, INC. / PRESIDENTIAL SUBDIVISION Page 6 of 9 duplex, and townhouse lots are exempt from required street buffers. All subdivision street buffers luUSt be on a common lot, maintained by a home-owners or business-owners association, as applicable. 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: I. That the Applicant is hereby granted a variance from the Applicability requirements to delete the requirement for subdivision street buffers to be on a conunon lot, maintained by business - owners association in an I-L zone for Presidential Subdivision. NOTICE OF FINAL ACTION Please ta]<e 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 Inay be adversely affected by the issuance or denial of a variance authorizing a variance of the APPLICABILITY requirements in the I-L Zone as provided in the Section 12-13-10-3 and may 'Within twenty-eight (28) days after the date of this decision and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OIO DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 7 of 9 By action of the City Council at its regular meeting held on the ( g~day of ~f~ 6vv , 200 I. ROLL CALL: COUNCILMAN RON ANDERSON VOTED$~ VOTED~~ VOTED~ VOTED~ COUNCILMAN I<EITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAl<ER) VOTED DATED: 1-1f3-&( MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orlcs Department, and the City Attorney office. B~PIXr9 City Clerl( Dated: 9--/ 5-#1 o ~ Q Q) Q o -~.--.._--_..._... -.......... ------ ") ( --.....-.--. "-",,-- .---.- '- . .-... . .._t._. -'-4..._ t....~ EAGLE RD 1J ;:0 m en .... C <m -Z ~-f z- -:b- ~~ 3:C ~m -00 - '~~~/~S!I,~~Ill: ~ ",.. -'.. '--. Z ~ <0 o o ....ar. ~- o . -- -- o ~ 01 o o if -"'-.-. ... r ~--. ~.Z m Eu,'b,'{. I#Il" BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF DAICOTA ) COMPANY, INC., FOR A ) VARIANCE TO DELETE THE ) REQUIREMENT FOR A 35' ) BUFFER WIDTH FOR ) ENTRYWAY CORRIDORS AND ) TO MAINTAIN THE EXISTING ) 20' WIDTH AND TO DELETE ) THE REQUIREMENT OF A 25' ) BUFFER BETWEEN INTENSITY ) CLASS I AND CLASS IV AND TO ) MAINTAIN THE 20' WIDTH ) FOR PRESIDENTIAL ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) PRESIDENTIAL DRIVE AND ) EAGLE ROAD, MERIDIAN, ) IDAHO ) .. C/C 9-04-0 I VAR-OI-OII FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming 011 regularly for public hearing before the City COUllCil on Septelnber II, 200 I, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were: John Paulson and Tom Bowens, and appearing with concerns or cOlnments was: Robert Corbell, and the City Councilllaving received the translnittal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE IV AR-OI-0ll DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 1 of 9 ( ( to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby mal<.e the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT I. The City Council tal<.es judicial notice of its Zonil1g, Subdivisions and Developlnent Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning Inaps thereof and the Comprehensive Plan of the City of Meridiall adopted December 21,1993 Ordinance #629 - January 4,1994 and Maps. 2. The requirements of Idaho Code s~ 67-6509, 6516 and Meridian City Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Hermes Associates, Ltd, Developers Diversified Realty Corp, whose address is 3300 Enterprise Parlcway, Beachwood, Ohio 44122, and in CARE OF: Dakota Company, Inc.., 380 E. Parl<.center Blvd., Suite 100, Boise, Idaho 83706. 4. The owners of the property are Herlnes Associates, Ltd. and Developers Diversified Realty Corp, 3300 Enterprise Parkway, Beachwood, Ohio 44122. 5. The location of the subject property is presently located in an 1-L with a conditional use pennit, and which subject property is located at the southeast corner of Presidential Drive and Eagle Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-0 11 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 2 of 9 (' (- is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this Inatter, and which is on file with the Meridian City Clerl<'s office. 7. The present land use of subject property is presently zoned as I-L with a conditional use permit, and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: Four commercial building lots. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seel<s a variallce of the following provision of the Meridian City Code, ssI2-13-IO-4 and 12-13-10-5, BUFFER SIZE and WIDTH REDUCTION, which provides as follows: 12-13-10-4 BUFFER SIZE: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Buffer Width 1 0 feet Urban Collector 20 feet Principal & Minor Arterials (other than entryway corridors) 25 feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 3 of 9 ( ( Entryway Corridors 35 feet (as defined in the Comprehensive Plan) Interstate 84 50 feet 12-13-1 0-5 Width Reduction: In a development where the required street buffer width results in an othervvise unavoidable hardship to the property, a written request for a buffer reduction may be submitted to the Planning Director. The request lnust demonstrate evidence of the hardship caused by the required street buffer and propose a specific alternative width. In no case shall the width be reduced to less than ten (10) percent of the depth of the lot without a Variance, except in Old Town. II. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requiremel1ts of the ordinance are that the Meridian Crossroads Shopping Center does not have comrnalllots for existing street buffers and caffilnan areas. The lnaintenance of all cornman areas in the Meridian Crossroads Shopping Cel1ter are handled under a Common Area Maintenallce Agreelnent which all tenants are a part of. The requested variance is in compliance with the original Conditional Use Permit for the Meridian Crossroads Shopping Center. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the need to eliminate the requirement of a 35' buffer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 4 of 9 width for entryway corridors and maintain the existillg 20' buffer width that has been established for the balance of the Meridian, Crossroads Shopping Center, and to eliminate the requirement of a 25' minimum buffer width between Intensity Class I and Intensity Class N and maintain the existing 20' width that has been established for the balance of the Meridian Crossroads Shopping Center. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is addressed in number 12 above. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circulnstances that exist, are as stated above ill number 12. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the City of Meridian approved the shopping center prior to the adoption of the current ordinance. 17. The existence of special circumstances or conditions affecting the property are as stated above in paragraphs 12 and 16 above. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 20. The variance would allow the applicant to avoid the requirement of the ordinance as he would not have to provide a 35' buffer width for entryway corridors and Inaintain the existing 20' buffer width, and he would not have to provide a 25' minimum FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 5 of 9 ( buffer width between Intensity Class I and Intensity Class IV and maintain the existing 20' width that has been established for the balance of the Meridian Crossroads Shopping Center. 21. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the COllditions of approval and the requirenlents of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application for a variance. CONCLUSIONS OF LAW I. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-Ol1 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 6 of 9 forth in Meridian City Code ~ 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code ~ 67 -6509, 6516 and Meridian City Code ~~ 11-15-5 and 11-17 -5. 4. Application and standards for variances are set forth in Meridian City Code ~ 11-18-2, and the findings which are required are set forth in Meridian City Code ~ 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning alld Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirelnents of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditiollS that malce strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. Meridian City Code, s~I2-I3-10-4 and 12-13-10-5, BUFFER SIZE and WIDTH REDUCTION, and in the 1-L zone if granted the variance, provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-01-011 DAKOTA COMPANY, INC. /PRESIDENTIAL SUBDIVISION Page 7 of 9 12-13-10-4 ( BUFFER SIZE: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future llpdates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Buffer Width 1 0 feet Urban Collector 20 feet 25 feet Principal & Minor Arterials (other than entryway corridors) Entryway Corridors (as defined in the Comprehensive Plan) 35 feet Interstate 84 50 feet 12-13-10-5 Width Reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be sublnitted to the Planning Director. The request must demonstrate evidence of the hardship caused by the required street buffer and propose a specific alternative width. In no case shall the width be reduced to less than ten ( 10) perce11t of the depth of the lot without a Variance, except ill Old Town. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the 9912-13-10-4 and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 8 of 9 / t 12-13-10-5, BUFFER SIZE and WIDTH REDUCTION requirements to delete the requirement of a 35' buffer width for entryway corridors and Inaintain the existing 20' buffer width that has been established for the balance of the Meridian Crossroads Shopping Center, and to eliminate the requirement of a 25' minilnUln buffer width between Intensity Class I and Intensity Class IV and maintain the existing 20' width that has been established for the balance of the Meridian Crossroads Shopping Center in an I-L zone for Presidential Subdivision. NOTICE OF FINAL ACTION Please ta]<e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67 -65 21 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the BUFFER SIZE and WIDTH REDUCTION requirelnents in the I-L ZOlle, as provided in the ssI2-I3-IO-4 and 12- 13-10-5, and may within twenty-eight (28) days after the date of this decision and order seel, 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 (fJ-I!r day of ~/J-k/~~ , , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED$tL- FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 9 of 9 (- ( COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED~v COUNCILWOMAN CHERIE McCANDLESS VOTED~L- ----- MAYOR ROBERT D. CORRIE (TIE BREAlCER) VOTED DATED: r--,/ fj-rJ( MOTION: APPROVED: 1# DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Byd!;a~ft~~. City Clerk . Dated: cf -( fJ -d I FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- 9 ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-0 11 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDNISION Page 10 of ;,;r,,,, '-0 o o t..>> o c Q) o Q / \ _. ___to ____....----.. __..'\~ EAGLE RD tD o o ~ N_ O . -- .-. o .... ~ o o ~ -. ..--;- - - . !!. r ~-- . ~.z rr1 -0 ::0 m en - C <m -Z ~-I z- -):. ~~ 3::C )>tD -00 " \ ..... cn"Il-r-q" =< "'" ./ /",\ \ en _ '\,\ " ~... . _-~.~~~. . / .~/ -., ::.:,-j/~ ~_. ..1. "'...- 0 -- ....... ......,....... '-.. z . ----------...~.._-. --.... ...- ( r .-- .. .~ T- -'-.. E~h/h;-I''A'' '" ...---....{ .......-... ............-G- .....-..-..- .-.- - ..-- ... - .. ......., -.,.... r-- --- --\ -.- ---. \ ( THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/04/0 I IN THE MATTER OF THE ) REQUEST FOR REZONE OF ) APPROXIMATELY I ACRE IN ) SIZE AND PART OF A LARGE ) PARCEL OWNED BY THE ) APPLICANT, FOR PROPOSED ) ELIXIR SUBDIVISION, FROM 1- ) L TO L-O, LOCATED ON THE ) WEST SIDE OF EAGLE ROAD, ) JUST NORTH OF THE ) RAILROAD TRACI(S, ) MERIDIAN, IDAHO ) ) ELIXIR INDUSTRIES, ) ) APPLICANT. ) ) Case No: RZ-OI-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled Inatter on the rezoning application of I acre in size and part of a large parcel owned by the applicant, having come 011 for public heari11g 011 September 4, 200 I J at the hour of 6:30 o'clock p.lU., and Coul1cil havillg received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zonil1g Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Paul Clayton, and appearing and testifying FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-Q BY: ELIXIR INDUSTRIES / (RZ-OI..006) - 1 (-- ( with comments or concerns were: Brad Miller al1d Becky Bowcutt, and no one appeared in oppositio11, and the COUI1Cil having received the record of this matter made before the Planning and Zoning COffilnission, and havillg received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for rezoning was published for two (2) consecutive weelcs prior to said public hearing scheduled for September 4, 200 I, before the City Council, the first publication appearing and written notice having been lnailed 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 that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the Septelnber 4, 200 I, public hearing; and the applicant, affected property owners, and government subdivisions providing services withill the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments al1d sublnit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-O 1-006) - 2 / " evidence. 2. 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. 3. The City Council talces judicial notice of its ZOlli11g, subdivisions and developl11ent ordinances codified at Meridian City Code Title II and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4,1994, and Inaps and the ordinance Establishing the Ilnpact Area Boundary. 4. The property is approximately I acre in size and part of a large parcel owned by the applicant. The property is generally located on the west side of Eagle Road, just north of the railroad traclcs, in Meridian, Idaho, and is described as follows: A parcel of land beil'lg a portion of the SE 1/4 of Section 8, T. 3N., R. IE., B.M., Meridian, Ada County, Idaho and being lTIOre particlllarly described as follows: Commencing at a brass cap rnarl<ing the Southeast corner of said SE 1/4 of Sectio11 8, thence North 01029'03" East 1298.35 feet along the Easterly boundary of said SE 1/4 to the Northerly right of way line of the Union Pacific Railroad, thence North 88028'27" West 70.00 feet along said Northerly right-af-way line to a point on the Westerly right-of-way line of N. Eagle Road, thence North 0 1029'03" West 279.93 feet along said Westerly right-of-way line to the REAL POINT OF BEGINNING; Thence leaving said Westerly right-of-way line, North 88028'27" West 259.63 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI..006) - 3 ( Thence North 0 I 029'03" East 170.00 feet to a point; Thence South 88028'27" East 202.61 feet to a point 011 said Westerly right-of-way line; Thence South 69004'04" East 60.47 feet along said Westerly right-of-way line to a point; Thence South 0 I 029 '03 " West 149.91 feet along said right-of-way line to the point of beginning, comprising 1.00 acres, more or less. SUBJECT TO: Any easemellts of record or appearing on the above described parcel of land. Gardena, California. 6. Idaho. 7. lot. 8. 9. 5. The owner of record of the subject property is Elixir Industries of The Applicant is Paul B. Clayton for Elixir Il1dustries, Meridian, The property is presently zoned as I-L, and is used as a parlGng The Applicant requests the property be rezoned to L-Q. The proposed site is surrounded by vacant land owned by Elixir Industries and zoned I-L and land north of the railroad zoned 1-L. 10. The subject property is within city limits of the City of Meridian. II. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridiall Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) .. 4 j'- I ( 12. The Applicant proposes to develop the subject property in the following manner: Construction of a Primary Health Medical Building. 13. The Applicant's requested rezoning of the subject real property as L-O is consistent with the cOlnmercial designation on the Meridian Comprehensive Plan Generalized Lal1d Use Map. 14. There are no significant or scel1ic features of major inlportance that affect the consideration of this application. IS. In review of the application for rezone it is provided at Meridian City Code ~ II-I5-IIfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning alnendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the COl1ditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 5 I (- 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional require;mellts at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, Inaterials, 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, smolce, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will110t result in the destruction, loss or damage of a natural or scenic feature of major ilnportance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide approval of the rezoning to L-O for the property with conditions as follows: Adopt the Recommendations of Planning and Zoning staff and Engineering staff as follows: I. No conditions were applied. There are conditions attached to the Preliminary Plat, of which this parcel is part. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 6 2. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project. 3. All corners shall have a 28' inside radius and 48' outside radius. 4. Comply with the 1997 Uniform Fire Code for the storage of Medical Gases. Adopt the Recommendations of the Ada County Highway District as follows: 5. Applicant shall be required to comply with the Ada County Highway District's letter dated July 18,2001, including the Special Recolnmendations to the City of Meridian, Special Recomluendations to Idaho Transportation Departlnent, Site Specific Requirelnents and Standard Requirements prior to ACHD's approval of the final plat. Adopt the Recommendations of the State of Idaho Transportation Departlnent as follows: 6. The Departlnent has no problems with the project at this time, but as long as no worl( is done on the SH-55 right of way no permits shall be needed from rTD. CONCLUSIONS OF LAW I. The Council may tal(e judicialllotice of goverluuent ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its autl10rity and respol1sibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridial1 adopted Decelnber 21, 1993, Ord. No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 7 ( 3. The requested zOlling of Limited Office (L-O) is defined in the Zoning Ordinance at 11-7-2 G 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 silnilar uses. Research uses shall not involve heavy testillg operations of any ldnd of 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. 4. Idaho Code 9 67-6511 provides and requires that the City shall establish by ordinance one or more Z011es or zoning districts in accordance with the adopted Comprehensive PlaIl and the ordillance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planIling jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code 9 67-65I1A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice a11d hearing provisions provided under section 67 -6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, fOfln, recording, modification, ellforcement and termination of conditional commitments. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 8 / ( 6. The City of Meridian by the adoption of Meridian City Code S 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an O'WIler or developer mal<.e a written commitment concerlling the use or development of the subject property. 7. S 11-6-1 ZONING DISTRICT MAP provides ill part as follows: The districts established ill this Ordinance as sho'WIl on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as sho'WIl on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approxilnately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the cellterlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale sho'WIl on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 9 ( ( 8. S II-I5-IIof the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment ill terms of the followillg standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be 11arlTIOnious with and ill accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed tInder the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintailled to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the cOffilnunity; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-Oloo006) .. 10 ( 8.9 The proposed uses will not involve uses, activities, processes, Inaterials, 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, smolce, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 TIle use will not result in the destruction, loss or dalnage of a natural or scenic feature of 111ajor importance; and 8.12 The proposed zoning alnendment is in the best illterest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: I. The Applicant's request for reZOl1e of approxilnately I acre in size and part of a large parcel owned by the applicant for construction and developlnent of a Primary Health Medical Building., subject to the terms and conditioI1S of this Order hereinafter stated; and 2. The following special terms a11d conditions of use and development relate to this application to-wit: Adopt the Recommendations of Planning and Zoning staff and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) - II ( I. No conditions were applied. There are conditions attached to the Preliminary Plat, of which this parcel is part. Adopt the Recommendations of the Meridian Fire Departlnent as follows: 2. Provide a fire-flow as required by the 1997 UniforlTI Fire Code Appelldix III-A. Show all proximity hydrants within 500' of the project. 3. All comers shall have a 28' inside radius and 48' outside radius. 4. Comply with the 1997 Uniform Fire Code for the storage of Medical Gases. Adopt the Recommendations of the Ada County Highway District as follows: 5. Applicant shall be required to comply with the Ada County Highway District's letter dated July 18,2001, including the Special Recommendations to the City of Meridian, Special Recolumendations to Idaho Transportation Departlnent, Site Specific Requireluents and Standard Requireluents prior to ACHD's approval of the final plat. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 6. The Departlnent has no problems with the project at this time, but as IOllg as no work is done on the SH-55 right of way no permits shall be needed from lTD. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zOlling for the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code S 11-7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 12 ( Section 2 of this Order, the engineerillg staff of the Public Worl(s Department shall prepare the appropriate mappillg changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance 'With the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please ta](e 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 rezoning Inay, 'Within twenty-eight (28) days after the date of this decision alld order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By actiol1 of the City Council at its regular meeting held on the of ~fel1-v~ ,2001. ROLL CALL (B-1!- day COUNCILMAN RON ANDERSON VOTED $ tL- VOTED$~ VOTED $tL- VOTED$-~ COUNCILMAN ICEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I..L TO L-O BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 13 ( ----- MAYOR ROBERT CORRIE (TIE BREAICER) DATED: 1-( g -0 I VOTED MOTION: !(t APPROVED: ~ DISAPPROVED: Copy served upon Applicant, tIle Planning and Zoning Departlnellt, Public W orlcs Department and the City Attorney. By:A~~~1 9 City Clerk Dated: r~1 fJ -t/ I z:\ W ork\M\Meridian \Meridian 15360 M\Elixi er Sub RZO 1-006 PPO 1-014 V ARO 1-0 12\F fsClsOrderREZO I-006.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I..L TO L-O BY: ELIXIR INDUSTRIES / (RZ..OI-006) - 14 ( (' BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MA TIER OF THE REQUEST FOR PRELIMINARY PLAT FOR 3 BUILDING LOTS, A 5.69 AREA PARCEL, A 6.8 ACRE PARCEL AND A I ACRE PARCEL, FOR ELIXIR SUBDIVISION, LOCATED AT 521 N. EAGLE ROAD, MERIDIAN, IDAHO BY: ELIXIR INDUSTRIES, APPLICANT C/C 09/04/0 1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-OI-014 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 011 September 4, and Shari Stiles, Plan11ing and Zoning Admi11istrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Paul Clayton, and appearing and testifying with comments or concerns were: Brad Miller and Becky Bowcutt, and no one appeared in opposition, and the City Council having received a report from David McIGnnon, Planner for the Planning and Zoning Department, and Bruce Frecldeton, Engineering Technician III, and the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI-014 - 1 ( having received as part of the record of this Inatter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR ELIXIR PROPERTIES SUBDIVISION, A PORTION OF THE SEI/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, BERGEY LAND SURVEYING PAYETTE AND HORSESHOE BEND, IDAHO, 24I2-03.DWG, SHEET I OF I, DATE STAMPED: RECEIVED JUL 24 200 I CITY OF MERIDIAN CITY CLERI( OFFICE, ELIXIR INDUSTRIES, 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 mal(es the following findings: FINDINGS OF FACT I. That the proposed developluent is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plal1 and Map, adopted December 21, 1993, and the property is presently zoned L-O Limited Office District (L-O), and requires connection to the Municipal Water and Sewer Systenl. [Meridian City Code 9II-7-2G] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI-OI4) - 2 (- ( 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services call be made available to accommodate the proposed development if the plat cOlnplies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed developme11t within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Adlninistrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed developme.nt. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmel1tal problelns and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR ELIXIR PROPERTIES SUBDIVISION, A PORTION OF THE SEI/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN MERIDIAN, ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI-014) - 3 / ( COUNTY, IDAHO, BERGEY LAND SURVEYING PAYETTE AND HORSESHOE BEND, IDAHO, 24I2-03.DWG, SHEET I OF I, DATE STAMPED: RECEIVED JUL 24 2001 CITY OF MERIDIAN CITY CLERIC OFFICE, ELIXIR INDUSTRIES, DEVELOPER" . 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 I. The Preliminary Plat of the applicant as evidenced by " PRELIMINARY PLAT FOR ELIXIR PROPERTIES SUBDIVISION, A PORTION OF THE SEI/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, BERGEY LAND SURVEYING PAYETTE AND HORSESHOE BEND, IDAHO, 24I2-03.DWG, SHEET I OF I, DATE STAMPED: RECEIVED JUL 24 2001 CITY OF MERIDIAN CITY CLERI( OFFICE, ELIXIR INDUSTRIES, DEVELOPER" is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and ZOlling Administrator and Engineering Technician, III Recolnmendations as follows: I. Sanitary sewer service to this site shall be via service extensions from an existing main adjacent to the north of the proposed development. Revise the preliminary plat map to show how services shall be provided to each lot within the development. Subdivision designer to coordinate sizing and routing with the Public W orl(s Department. Sewer manholes FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-Ol..014) .. 4 ( are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site shall be via service extensions from an existing main adjacent to the north of the proposed development. Revise the preliminary plat Inap to show how services shall be provided to each lot within the development. Subdivision designer to coordinate main sizing and routing with the Public W orl(s Departmellt. Provide the Public W orl(s Department with infoffi1ation 011 anticipated fire flow and domestic water requirements for the proposed site. Water service to this developlnent is contingellt upon positive results from a hydralllic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 3. Two-hundred-fiftyand IOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit revised plans showing source on distribution details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire COlnman open area. 5. Applicant has not indicated whether the pressurized irrigation system within this developlnent is to be owned and Inaintained by an association or the Nampa & Meridian Irrigation District. If the systelTI is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public W orl(s 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 City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI-OI4) - 5 shall be responsible to pay water assessments for the entire common open area. 6. In compliance with Title 12-4-2(A) the proposed private street shall be dedicated to public use as a local commercial street with a width of no less than 50 feet. The right of way width shall comply with the requirements of ACHD, and shall be improved according to ACHD standards. The City Council requires that the road shall have dedication through and to the.road, and that it shall be a public co.mmercial road. 7. The City Council shall require the developer to provide a 4' Inasonry wall and five foot buffer. The Meridian Water Department recommend that the subdivisioll not be permitted to proceed until the subdivision has been approved by the Water Department. Adopt the Meridian Fire Department Recommendations as follows: 8. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project. 9. All corners shall have 28' inside radius and 48' outside radius. 10. The Primary Health Medical Building shall comply with the 1997 Uniform Fire Code for the storage of Medical Gases. Adopt the ACHD Recolnmendations as follows: II. COlnply with requirements of ITD for Eagle Road. Sublnit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 12. ACHD does not mal(e any assurances that the private road that is a part of this application shall be accepted as a public road if such a request is made in the future. Substalltial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 13. Pave the private roadway a minimum of 24-feet wide and at least 30- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI-014) - 6 feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 14. The followillg requirements shall be lnet if the applicant wishes to dedicate the roadway to ACHD: a. Dedicate a minimum of 50-feet of right-of-way for the road. b. Construct the roadway to the minimum ACHD requirements. c. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $240. Verification of the correct, approved name of the road is required. 15. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16. Any existing irrigation facilities shall be !elocated outside of the right-of- way. 17. Construct a S-foot wide concrete sidewallc on Eagle Road located 2-feet withill tIle right-of-way. Coordinate the location and elevation of the sidewallc with District staff. 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 19. In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 20. The applicant shall provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. 21. Other than the access point( s) specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI..OI4) - 7 the final plat. 22. The Applicant shall be required to comply with the Ada County Highway District's letter dated July 18,2001, including the Special Recommendations to the City of Meridian, Special Recommendations to Idaho Transportation Department, Standard Requirements prior to ACHD's approval of the final plat. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 23. The Department has no problems with the project at this time, but as long as no worl< is done on the SH-55 right of way no permits shall be needed from lTD. Adopt the Recommendations of the Central District Health Department as follows: 24. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of EnvirOllmental Quality. 25. Run-off is not to create a Inosquito breeding probleln. 26. Stormvvater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevellt ilnpact to groundwater and surface water quality. 27. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storlnwater management system that prevents groundwater and surface water degradation. The Applicant shall comply with the Meridian City Council's action tal<en at their September 4, 200 I meeting, as follows: 28. Items 7 and 8 of the Planning and Zoning Recommendations on page 3 are hereby eliminated per the corresponding CASE NO. V AR-OI-012, which pertained to the 10-foot wide and 20-foot wide landscape buffers. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI-014) - 8 lel& , By action of the City Council at its regular meeting held on the I () day of ~//tem ~ ,200l. ROLL CALL COUNCILMAN ANDERSON VOTED~ VOTED~ COUNCILMAN BIRD COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKEk? ~ -01 Copy served upon Applican , the Planning and Zoning Department, Public Works Department and City Attorney. ~l~~~ J""~. ..~....~, /? _( r2 _ /J / l'" (} ;{~0l\i1A" ~, Dated: LOr t/ I .;' I r -...0 \: i l SU.L: I \. ~\.r.~ _. .l~J .~ ~rf ~ .~~ Z:\Work\M\Meridian\Meridian 15360M\Elixier Sub RZOI-006 PPOI-OI4 VAROI-OI2\FfC1SOrdPPOI-~--~ . VOTED ~ BJI$u:-,ft ~~ 9- City Clerk f/ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI-OI4) - 9 /- \ ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PAUL B. CLAYTON, FORA VARIANCE FOR ELIXIR SUBDIVISION FROM 12-4-2 (A), 12-13-10-4 AND 12-4-13(A) MERIDIAN CITY CODE, FOR SUBDIVISION STREET BUFFERS, LANDSCAPE BUFFERS AND PIPING OF DITCHES, LOCATED AT 521 N. EAGLE ROAD, MERIDIAN, IDAHO C/C 9-04-0 I ) ) ) ) ) ) ) ) ) ) ) ) ) VAR-OI-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above elltitled Inatter coming 011 regularly for public hearing before. the City COUllCil on Septelnber 4, 200 I, alld Shari Stiles, Planni11g alld ZOlling Administrator, appeared and testified, and appearing and testifying was the Applicant, Paul B. Clayton, and appearing with concerns or comments were: Brad Miller and Becky Bowcutt, and the City Council havillg received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby Inalce the following Findings of Fact and Conclusions of Law and Order of Decisioll, as follows to-wit: Page 1 of 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OI2 / ELIXIR SUBDIVISION :..t,k - (- FINDINGS OF FACT I. The City Council talces judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21,1993 Ordinance #629 - January 4,1994 and Maps. 2. The requirements of Idaho Code ss 67-6509, 6516 and Meridian City Code ss 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant Paul B. Clayton, whose address is 501 N. Eagle Road, Meridian, Idaho. 4. The owner of the property is Elixir Industries, 17925 South Broadway, Gardena, California. 5. The property located at 521 N. Eagle Road, Meridian, Idaho is an I-L zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City ClerIc's office. 7. The present land use of subject property is presently zoned as l-L, and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 2 of 9 ( property in the following manner: Industrial and office development. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seel(s a variance of the following provision of the Meridian City Code, 88 I2-4-2(A) - Streets, Dedication, 12-13-10-4 - Street Buffers, Buffer Size, and I2-4-I3(A) - Piping of Ditches, Tilillg Of Irrigation Ditches, Laterals Or Canals, which provides as follows: 12-4-2: STREETS: A. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the Comprehensive Plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Buffer Width 1 0 feet Urban Collector 20 feet Principal & Minor Arterials (other than entryway corridors) 25 feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 3 of 9 ( Entryway Corridors (as defined in the Comprehensive Plall) 35 feet Interstate 84 50 feet 12-4-13 PIPING OF DITCHES: A. Tiling Of Irrigation Ditches; Laterals Or Canals: 1. Requirement To Cover And Enclose: All irrigation ditches, laterals or canals, exclusive of natural watervvays, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 2. Wave Requirement To Cover: The City may waive the requirement for covering such ditch, lateral or canal, it if finds that the public purpose requiring such will not be served in the individual case. 3. Prior Approval Of Irrigation District: Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. 4. Plat Approval Restriction: No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include. II. All property owners within three hundred feet (300') of the external boundaries have been notified by Inail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Departlnent. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 4 of 9 ( { ( 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that a private drive owned and maintained by Elixir Industries allows more flexibility in the future development of the Elixir properties, and the 10' landscape buffer across Lot 2 would interfere with the existing traffic circulation and parking. Lots I and 3 do not present any such problem, and the 20' landscape buffer between different land uses as the design of the new building for Lot I will include landscaping in l(eeping with the structure. Any expansion into Lot 2 will interfere with the existing parking and traffic flow. Additionally, the future development of Lot 3 Inay require the relocation of the existing drain ditch, and no public purpose would be served by enclosing and covering the ditch, at this stage of the development. The existing improvements would prohibit the installation of new landscaping. 13. The minilUUln requirements of the ordinance that need to be reduced to pennit the proposed use would be the need to eliminate the requirement for subdivision street buffers and landscaping street and buffer types, and the tiling of irrigation ditches, laterals or canals. The applicant agrees to a 4 foot tall masonry wall with a 5 foot wide landscape buffer. 14. The difficulty or hardship which would result if tIle requirements of the ordinance were applied to the subject property is addressed in number 12 above. 15. The unusual or peculiar circumstances which indicate that regulations of FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 5 of 9 the ordinance should not be strictly cOlnplied 'With, and the special conditions and circumstances that exist, are as stated above in number 12. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because across the street from the development, there have been other projects that were approved ullder the old landscape ordinance, that do not meet the current requirements. 17. The existence of special circumstances or conditions affecting the property are as stated above in paragraphs 12 and 16 above. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The variance would allow the applicant to avoid the requirement of the ordinance as the existing buildings were built prior to the existing ordinances, and should not be required to 111eet the new standards. 20. The granting of the requested variance 'Will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance 'With the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 21. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-OI-OI2 / ELIXIR SUBDIVISION Page 6 of 9 COlnprehensive Plan for the reasons stated above. 22. The applicant paid the fee established by the City Council for application for a variance. CONCLUSIONS OF LAW I. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Developluent Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridia!1 City Code ss 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 7 of 9 ( ( ( unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that mal(e strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requiremellts of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the ZOnillg and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, ss I2-4-2(A) - Streets, Dedication, 12-13-10-4 - Street Buffers, Buffer Size, and I2-4-I3(A) - Piping of Ditches, Tiling Of Irrigation Ditches, Laterals Or Canals, and in the L-O zone if granted the variance, provides as follows: 12-4-2: STREETS: A. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the Comprehellsive Plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Buffer Width FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-OI-OI2 / ELIXIR SUBDIVISION Page 8 of 9 Local Roads (except in residelltial areas per 7.3) I 0 feet Urban Collector 20 feet Principal & Minor Arterials (other than entryway corridors) 25 feet Entryway Corridors (as defined in the Comprehensive Plan) 35 feet Interstate 84 50 feet 12-4-13 PIPING OF DITCHES: A. Tiling Of Irrigation Ditches; Laterals Or Canals: I. Requirement To Cover And Enclose: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 2. Wave Requirement To Cover: The City may waive the requirement for covering such ditch, lateral or canal, it if finds that the public purpose requiring such will not be served in the individual case. 3. Prior Approval Of Irrigation District: Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. 4. Plat Approval Restriction: No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 9 of 9 ( 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: I. That the Applicant is hereby granted a variance from the Meridian City Code, ~~ I2-4-2(A) - Streets, Dedication, 12-13-10-4 - Street Buffers, Buffer Size, and I2-4-I3(A) - Piping of Ditches, Tiling Of Irrigation Ditches, Laterals Or Canals, in the L-O zone for Elixir Subdivision. NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Streets, Dedication, Street Buffers, Buffer Size, and Piping of Ditches, Tiling of Irrigation Ditches, Laterals or Canals, requirements in the L-O Zone as provided in the Sections I2-4-2(A), 12-13-10-4, and 12-4-13(A), and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-OI-012 / ELIXIR SUBDIVISION Page 10 of ( By action of the City Council at its regular meeting held on the / a"r!=- { V day of ~pf1Znv~ , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ VOTED~ COUNCILMAN ICEITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED $C<.- COUNCILWOMAN CHERIE McCANDLESS ~ MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: 1--;73---01 APPROVE · DISAPPROVED: MOTION: Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department, and the City Attorney office. BJ~ft~~ City ClerIc Dated: 9-1 ff __0 / FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- 9 ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-012 / ELIXIR SUBDIVISION Page 11 of en 0 0 m r- --- >< - CO ;0 0 -c 0 c -0 <;0 ;0 -0 :;0 0-0 ....m ..a. ~ ;0' N ~~ 0 0 5: en )>e -am c ..a.. - en :S 0 EAGLE RD 0 en - 0 Z ...a. co 0 0 ." CD ~ ... o (..) o o en m i' ~.. il~;,: ' ,';', t' ~'~ . ft~:'Y: : " :' ::4 .' . ~ : " ',. ::;':::; (':',:::,::.:~1 I ~_, . I' Q .~ ~~..,.'-.,:,~:.. '1 " :~': ;/> ~,: : ;:,:, '~-.< J . "~ . 'i".,i s . '. . ~,'IJ, 'I llli I' . J BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09-04-0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR EXPANSION ) OF CHAMBER OFFICE AND ) VISITOR CENTER IN A C-G ) ZONE, LOCATED AT 215 E. ) FRANI<LIN ROAD, MERIDIAN, ) IDAHO ) ) ) MERIDIAN CHAMBER OF ) COMMERCE, ) ) APPLICANT ) ) Case No. CUP-OI-OI7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use perlnit application havil1g COlne before the City Council 011 September 4, 200 I, at the hour of 6:30 p.m., at Meridiall City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Plan11ing and Zoning Administrator, appeared and testified, alld no one appeared in opposition, and the City Council having duly considered the evidence and the record in this Inatter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and talcell oral a11d written testimony, and having duly COl1sidered the matter, the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 Council hereby malces the following Fi11dings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 4, 200 I, before the City COU11Cil, the first publicatioll appearing and written notice having been Inailed 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 allllotices 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 Septelnber 4, 200 I, public heari11g; and the applicant, affected property OW11ers, alld government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and. sublnit evidence. 2. There has been cOlnpliance with all notice and hearing requirements set forth in Idaho Code s67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 r ( 5 as evidenced by the Mfidavit of Mailillg, and the Mfidavit of Publication alld Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code ~ 11-17 -4, a public hearing was required before the City Council on this application. 4. The property is located at 215 E. Pranldin Road, Meridian, Idaho. 5. The owner of record of the subject property is Meridian Chamber of Commerce, Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Sectio11 11-7-2. 8. The proposed application requests a conditiollal use permit for expansion of the chamber office and visitor center. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zonillg and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian COlnprehellsive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 f ( 10. The use proposed withill the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. The Meridian City Council talces judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the COlnprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use a11d development upon services delivered by political subdivisions providing services to the subject real property within the planning jllrisdiction of the City of Meridian, and in accordance with the drawing of 7 -16-0 I, subject to the following: Adopt the Recomlnendations of the Planning and Zoning alld Engineering staff as follows: I. Existing landscaping and parkillg shall be retained. 2. All construction shall be done in accordance with the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 3. No new signs are requested vvith this perlnit and Ilone are approved. 4. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 5. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the relllodel and expansion of the Chamber building and public restrooms. Adopt the Recommendations of the Ada COUl1ty Highway District as follows: I. Provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements for approximately 1 00- feet of 5-foot wide concrete sidewalk on Franldin Road abutting the parcel. Franklin Road (in this location) is in the Five-year worl( program for construction in FY 2003 and is currently in the design stages. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3. As required by District policy, restrictions on the vvidth, number and locations of driveways, shall be placed on future development of this parcel. Applicant is not proposing any new access and none are approved with this application. Adopt the Recolnmendations of the Meridian Fire Department as follows: All codes vvill need to be met. 13. The proposed uses within the subject applicatioll vvill be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as Parks". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmoniou~ and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrilnental to any persons, property or the general welfare by reason of excessive production of traffic, 11oise, slTIoke, fUlnes, glare or odors. 18. The development will not result in the destruction, loss or dalnage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. s67-6503). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 ( ( 2. The Meridian City Councillnay exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishmellt of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67 -6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use pennits which a proposed use is othelWise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the sanle that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-1 7 - 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the COlnprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the saIne area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and willllot be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, luaterials, 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, smol(e, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Comluercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the exterl1al bOllndaries of the land under consideration for the conditional use permit all ill 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 of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 ( ( recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commissiol1 shall, translnit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-1 7 -6 ) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minilnize adverse impact on other developlnent; B. Control the sequence and timil1g 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 ( ( and the Comprehensive Plan of the City of Meridian, which was adopted December 21,1993, Ord. 629, January 4,1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: The above nalned applicant is granted a conditional use permit for expa11sion of the chamber office alld visitor center in a C-G zone located at 215 E. Franklin Road, Meridian, Idaho, and in accordance with the drawing with date stamped: RECENED JUL 24 200 I CITY OF MERIDIAN, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Existing landscaping and parldng shall be retained. 2. All construction shall be done in accordance with the Americans with Disabilities Act. 3. No new signs are requested with this permit and none are approved. 4. As part of a conditional use permit, the City of Meridian may ilnpose additional restrictions/conditions. 5. A Certificate of Zoning Compliance and a Building Permit shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 obtained prior to the remodel and expansion of the Chamber buitding and public restrooms. Adopt the Recommendations of the Ada County Highway District as follows: I. Provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements for approximately I aD-feet of 5-foot wide concrete sidewallc on Franklin Road abutting the parcel. Franldin Road (in this location) is in the Five-year work prograll1 for construction in FY 2003 and is cllrrently in the desigtl stages. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Applicant is not proposing any new access and none are approved with this application. Adopt the Recolnmendations of the Meridian Fire Department as follows: All codes will need to be met. 3. The above conditions are conclllded to be reasonable and the applical1t shall meet such requirements as a conditioll of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City ClerIc and then a copy served by the ClerIc upon the applicant, the Planning and Zoning Department, the Public W or1es Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 ( ( NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67 -6521 an affected person being a person who has an interest in real property which Inay be adversely affected by the issuance or denial of the conditional use perluit 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 day of sep1Pfvv~ ,2001. I f3 71-- ROLL CALL: COUNCILMAN RON ANDERSON VOTED~Cl.- COUNCILMAN I<EITH BIRD VOTED~ VOTED~tL- COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED ~t/L- ..---. MAYOR ROBERT D. CORRIE (TIE BREAl<ER) VOTED DATED: f -1 tj -0 I MOTION: APPROVE . DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 ( B Q-,,(Z5--tJ I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 ( ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/04/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR EXPANSION ) OF CHAMBER OF COMMERCE ) OFFICE AND VISITOR CENTER ) IN A C-G ZONE, LOCATED A-T ) 215 E. FRANI<LIN ROAD, ) MERIDIAN, IDAHO ) ) MERIDIAN CHAMBER OF ) COMMERCE, ) ) APPLICANT ) ) Case No. CUP-OI-017 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 4th day of September, 200 I, under the provisions of Meridian City Code S 11-1 7 -4 for final action on conditional use permit application and the Council having received and approving the Recoffilnendatioll of the Planning and Zoning Commission the Council tal(es the following action: 2. That the above named applicant is granted a conditional use permit for expansion of chalnber office and visitor center in a C-G zone located at 215 E. Franklin Road, Meridian, Idaho, and ill accordance with the drawing with date stamped: RECENED JUL 24 2001 CITY OF MERIDIAN, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT BY MERIDIAN CHAMBER OF COMMERCE / CUP-OI-017 - I {\ ! \ ' Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Existing landscaping and parlcing shall be retained. 2. All construction shall be done in accordance with the Americans with Disabilities Act. 3. No new signs are requested with this permit and none are approved. 4. AB part of a conditional use pennit, the City of Meridian may impose additional restrictions/conditions. 5. A Certificate of Zoning COlnpliance and a Building Permit shall be obtained prior to the remodel and expansion of the Chalnber building and public restrooms. Adopt the Recommendations of the Ada COllnty Highway District as follows: I. Provide a $2,000.00 deposit to the Public Rights-of-Way Trust FU11d at the District for the required street improvements for approximately 100- feet of 5-foot wide concrete sidewall( on Franldin Road abutting the parcel. Franldin Road (in this location) is in the Five-year work program for construction in FY 2003 and is currently in the design stages. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3. AB required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Applicant is not proposing any new access and none are approved with this application. Adopt the Recommendations of the Meridian Fire Departlnent as follows: All codes will need to be met. 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 ORDER CONDITIONAL USE PERMIT - 2 BY MERIDIAN CHAMBER OF COMMERCE / CUP-OI-Ol7 -( conditional use permit. 4. Notice to Pennit Holder, this conditional use pennit is not transferable without complying with the provisions of Meridian City Code S 11-1 7 -8, a copy of which is attached to this permit. By actioll of the City Council at its regular n1eeting held on the 18 rt day of ~ f:e~60- , 00 I. / // / . I 'h#~ I. -Robert D. Corrie, ^,1ayor City of :rv1c:Ii~iarl '- Rt/hdd I~,. ;1n'rd- - jJr~Jfi:tRld- t:/ry Cr5J1,(Jl.~ Copy served upon Applicant, tIle Planning and Zoning Department, Public W orl(s Department and City Attorney. Dated: 1---1/J ---c; ( ORDER CONDITIONAL USE PERMIT BY MERIDIAN CHAMBER OF COMMERCE / CUP-OI-OI? - 3 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09-04-0 1 IN THE MA TIER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) ESTABLISHEMENT OF A ) SATELLITE CLASSROOM ) FACILITY FOR THE ) UNIVERSITY OF PHOENIX IN ) A C-G ZONE, LOCATED AT ) 3080 GENTRY WAY, ) MERIDIAN, IDAHO ) ) ) ROCICY MOUNTAIN ) MANAGEMENT AND ) DEVELOPMENT, LLC, ) ) APPLICANT ) ) Case No. CUP-OI-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above elltitled conditional use perlnit application having come before the City COllncil on Septelnber 4,2001, at the hour of 6:30 p.lTI., at Meridial1 City Hall, 33 East Idaho Street, Meridian, Idaho, alld Shari Stiles, Plannillg al1d Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Danny Sullivan, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and talcen oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT I. A notice of a public hearing 011 the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 4, 2001, 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 (IS) 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 heari11g 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 Septeluber 4, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and sub1uit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17- 5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed developluent reqllest is in a C-G zone and by reason of the provisions of the Meridian City Code S 11-1 7 -4, a public hearing was required before the City Council on this application. 4. The property is located at 3080 Gentry Way, Meridian, Idaho. 5. The owner of record of the subject property is Eagle Road Professional Center 2, LLC, Boise, Idaho. 6. Applicant is Rocky Mountain Management and Development, LLC of Boise, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Developlnent Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for establishrnellt of a satellite classroom facility for the University of Phoenix to offer classes for Master's and Bachelor's Degrees. The C-G zoning designation within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 ( City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is ill compliance with the Meridian Comprehel1sive Plan. 10. The use proposed withill the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received froIn the governlnental subdivisions providing seIVices in the City of Meridian planning jurisdiction public facilities and seIVices 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 seIVices delivered by political subdivisions providing seIVices to the subject real property within the planning jurisdiction of the City of Meridian, alld FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 in accordance with the drawing of 7 -16-0 I, subject to the following: Adopt the Recommendations of the Planning alld Z011ing and Engineering staff as follows: I. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code II-I3-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance II-13-4.F. 2. All exterior lighting, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or rights-af-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the stalldards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to design review and shall require separate permits. 4. Telnporary or portable signs shall be prohibited, and will be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the AInericans with Disabilities Act. 6. A Certificate of Zoning Compliance alld a Building Permit shall be obtained prior to the start of any tenant improvement. Adopt the Recommendations of the Meridian Fire Dept. as follows: 7. Applicant shall submit plans for tenant improvements for approval. Adopt the Recommendations of the Sanitary Service Dept. as follows: 8. The new development will generate approx, 3 tons of cubic yards per day. The existing waste enclosure and container should be adequate to handle the additional material. The existing 7 cubic yards dumpster FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 shall have to be increased from 2 x per weelc to 5 x per week service frequency. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 9. All laterals and waste ways sllall be protected and alllnunicipal surface draillage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code S 31-3805. It is recommended that irrigation water be Inade available to all developments within the Nampa & Meridian Irrigation District. Adopt the Recommendations of the Ada County Highway District as follows: 10. ACHD policy requires that before any improvements of any ldnd are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. II. All future design plans and construction shall be in accordance with the ADHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically wavied in writing by the District. 12. Contact the office for payment of possible road ilnpact fees prior to building construction in accordance with Ordinance # 193. 13. The proposed uses withill the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as Mixecl/Planned Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 ( be harmonious and appropriate in appearance- or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbil1.g to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equiplnent and conditions of operation that will be detrimental to any persons, property or the general welfare by reaSOll of excessive production of traffic, noise, smolce, fumes, glare or odors. 18. The development willll0t result in the destructioll, loss or damage of natural or scenic feature of Inajor inlportance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. s67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 ( ~ 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" a~ Titles Xl and XII, Chapter I, Meridian City Code. 3. As part of a zonillg ordinance the City Council can, subject to hearing and notice provision required, provide for tIle process of special and/or conditiol1al use perluits which a proposed use is othervvise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridiall City Code S 11-1 7 - 3) a. Will, in fact, constitute a COllditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 / ( e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will n9t create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment alld conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use perlnit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300J) 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 ~rovides as follows: "Prior to approving a Conditional Use Pernlit, 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 illdustrial and cOlnmercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is Inade, the application shall go before the City Council without a public hearing and the Council may approve, deny, or Illodify the recommendation of the Commissiol1. J' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 ( 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The COffilUissiol1 shall ensure that any approval or approval with conditions of an application shall be in accordal1ce with Meridian Conlprehensive Plan, City of Meridian Zoning and Development Ordinance, aIld Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use p~rmit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; c. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and l1ature 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 Comprehensive Plan of the City of Meridian, which ,vas adopted December FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 21,1993, Ord. 629, January 4,1994 alld 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: The above named applicant is granted a conditional use permit for establishment of a satellite classroom facility for the University of Phoenix to offer classes for Master's and Bachelor's Degrees in a C-G zone located at 3080 Gentry Way, Meridian, Idaho, and in accordance with the drawing of the Site Master Plan and attached hereto as Exhibit "A", and consisting of three pages, subject to the following conditions of use and development: Adopt the Recolnlnendations of the Planning and Zoning and Ellgineering staff as follows: I. All parldng and areas of circulation shall be ilnproved with a hard surface in accordance with Meridian City Code II-I3-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance lI-13-4.F. 2. All exterior lightirlg, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or rights-of-way. All parlcing lot lighting shall be in accordance with Ordinance 11-I3-4C. 3. All signage shall be in accordance with the standards set forth in Section FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - II 11-14 of the City Zoning alld Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to design review and shall require separate permits. 4. Temporary or portable signs shall be prohibited, and will be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conforlu to the requirements of the Americans with Disabilities Act. 6. A Certificate of Zonillg Compliance and a Building Permit shall be obtained prior to the start of any tenant improvement. Adopt the Recommendations of the Meridian Fire Dept. as follows: 7. Applicant shall submit plans for tenant improvements for approval. Adopt the Recommendations of the Sanitary Service Dept. as follows: 8. The new developlnent will generate approx, 3 tons of cubic yards per day. The existing waste enclosure and container should be adequate to handle the additional material. The existing 7 cubic yards dumpster shall have to be increased from 2 x per week to 5 x per weelc service frequency. Adopt the Recolumendations of tIle Nalnpa & Meridian Irrigation District as follows: 9. All laterals alld waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall COll1plywith Idaho Code ~ 31-3805. It is recommended that irrigation water be Inade available to all developments within the Nampa & Meridian Irrigation District. Adopt the Recommendations of the Ada County Highway District as follows: 10. ACHD policy requires that before any ilnprovements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 ( II. All future design plans and construction shall be in accordance with the ADHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically wavied in writing by the District. 12. Contact the office for payment of possible road impact fees prior to building construction in accordance vvith Ordinance #193. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City ClerIc and then a copy served by the Clerk upon the applicant, the Planning and Zoning Departmel1t, the Public W orlcs Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please talce 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 seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the (g-t!1- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 (~- ~- day of J;jJfe /1/lh-tu, 200 1. I ROLL CALL: COUNCILMAN RON ANDERSON VOTED ~ COUNCILMAN KEITH BIRD VOTED ~~ COUNCILWOMAN TAMMY deWEERD VOTED$~ COUNCILWOMAN CHERIE McCANDLESS VOTED$~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: Cj--/g-()! MOTION: APPROVE DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 tii.~6 Dy-;,,,,'-:;;:'~a .' OIrvO<<'IV~ UUQ'- 0...-....,.. . . J aLl' ' un" D II "'0{ lO~l:EI::I 7 _...( , ... .........., l.331:!.lS N3T1V ONY A', ..H1NE ) I III 1;1 \) an.1j v...(. V UO&.Ln 7 I::I3l.N3O WNOrsS3=Kll:ld oval:!:n:.v.:... I i f I J.J.Ul~",f,lU,II 81Snn'" JI.urwA ~., ,lU'UU '~nn ,..1.1. 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E xJc, 1J,..J It,," .2 trf .3 / ;- !I ~ d~ ~ ZM !t ~~ n!-: R ~r;I ~ ~ f~ ~ f~ I I I , I I I I I I I \ \ , \ \ ~ \~ L__ iii e z~- -M x_ c- oe( G:t (~ I gdiJ :z: f;~~ g ~G Q: a ~~ :t c:::: ...... ...J ~ 2: B ~ ~~ * .~~ ,~~ ~ c gj .... U W .~ ~ W .... <C i- "" e e 8@1 u.o L...- a o ~ z g~ -10 -1- ~ tI1 ~ j::~ _0 ~- >- --\ ~\ ~\ , , , I I I I I I I I I I ~: ~ / I __J ;-J,,1:J; f It Ii" .3 ()1.3 ~ z <[ ..J CL ~~ W ~L:j ~ VJ ;~'I <r ~~ w ._ ~ ~~~ 0::: ~E ~ o !1~:J o --1 L- r- (l)y ~i' I-fa. L-~ _I <[ ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/04/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) ESTABLISHEMENT OF A ) SATELLITE CLASSROOM ) FACILITY FOR THE ) UNIVERSITY OF PHOENIX IN ) A C-G ZONE, LOCATED AT ) 3080 GENTRY WAY, ) MERIDIAN, IDAHO ) ) ROCI<Y MOUNTAIN ) MANAGEMENT AND ) DEVELOPMENT, LLC, ) ) APPLICANT ) ) Case No. CUP-OI-027 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the 4th day of September, 200 I, under the provisions of Meridian City Code S 11-1 7 -4 for final action on conditional use permit applicatioll and the Council having received and approving the Recommendation of the Plannillg and Zoning Commission the Council tal(es the following action: 2. That the above named applicant is grallted a conditional use permit for establishment of a satellite classroonl facility for the University of Phoenix to offer ORDER CONDITIONAL USE PERMIT BY ROCI<Y MOUNTAIN MANAGEMENT AND DEVELOPMENT / CUP-O 1-027 - I classes for Master's and Bachelor's Degrees in a C-G zone located at 3080 Gentry Way, Meridian, Idaho, and in accordance with the drawillg of the Site Master Plan and attached hereto as Exhibit "A", and consisting of three pages, subject to the following conditions of use and development: Adopt the Recomlnendations of the Planning and Zoning and Engineering staff as follows: I. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code II-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance II-13-4.F. . 2. All exterior lighting, whether attached to the building or located within the parl<ing lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or rights-of-way. All parl<ing lot lighting shall be in accordance with Ordinance II-I3-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to desigll review and shall require separate permits. 4. Temporary or portable signs shall be prohibited, and will be removed upon 3 days notice to the applicant. 5. All construction and site improveluents shall confonn to the requirements of the Americans with Disabilities Act. 6. A Certificate of ZOlling Compliance and a Building Permit shall be obtained prior to the start of any tenant improvement. Adopt the Recommendations of the Meridian Fire Dept. as follows: 7. Applicant shall submit plans for te11ant improvements for approval. ORDER CONDITIONAL USE PERMIT BY ROCICY MOUNTAIN MANAGEMENT AND DEVELOPMENT / CUP-O 1-02 7 - 2 ( Adopt the RecommendatiollS of tIle Sanitary Service Dept. as follows: 8. The new development will generate approx, 3 tons of cubic yards per day. The existing waste enclosure and container should be adequate to handle the additional material. The existing 7 cubic yards dumpster shall have to be increased from 2 x per week to 5 x per weelc service frequency . Adopt the Recolnmendations of the Nalnpa & Meridian Irrigation District as follows: 9. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If allY surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall cOlnply with Idaho Code s 31-3 80S. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the Recommendations of the Ada County Highway District as follows: 10. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. II ~ All future desigll plans and construction shall be in accordance with the ADHD Policy Manual, ISPWC Standards and approved supplements, Constnlction Services procedllres and all applicable ACHD Ordinances unless specifically wavied i11 writing by the District. 12. Contact the office for paytnent of possible road impact fees prior to building construction in accordance with Ordinance # 193. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER CONDITIONAL USE PERMIT BY ROCI<Y MOUNTAIN MANAGEMENT AND DEVELOPMENT / CUP-OI-027 - 3 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular Ineeting held on the (8~ day of J&/J II! /W'b&v 1 , 200 I. , City of Meridian ~d /C_ ($lrcc ;/rei/2fc/-v.f- <:./h;L1?vi-tu.2- Copy served upon Applicant, the Planning and Zoning Department, Public W orl<.S Department and City Attorney. ~ ".. ByJ!~0-~~ City Clerl( Dated: ~/8 -{(J I Z:\Work\N1\Meridian\Meridian 1 5360M\University of Phoenix CUPOI-027\OrderCUPOI-027.doc ORDER CONDITIONAL USE PERMIT BY ROCI<Y MOUNTAIN MANAGEMENT AND DEVELOPMENT / CUP-OI-027 -4 .. ..-.. ..-- ..-..., "ll~1/ CHinN '''~oa ,-.,-,Y :~: ~u'~r S7 0 a'i...'1 :J-tV UOS-tV7 UUG- 0"'-'-.' , " Ollf' -" - 'Nv~ t OOW1:l3.::1 7' 1.33l::US N3l1v ONV ~ .., A!:UN38 , ~ lVNOJS S3=lO"'d 0"'0'" =n:.....:.. I ill ll! i I i i i:: . I: : r: ,: " ;: ;" H" i f U ;: i : i : .+t I i I -~ rcJ'T1r-----_.___________L_______~___.___~_._~_ LUu~rr ,U.1 J. ",trnnf,l JUlJtrA I." 'u"Ul.I ,.u~ ~, J,61( In DJnArw "" :r..vr.J~ IIInn 0 JIDIUJ~ gyow a1aY;I if ------..~----..-....-._----.._-- II ~ III i. !f~1 I~l I ~, ;ill :'1;, l H!i!! III i I ,k' l t lUll! J I; I ~ a.. ~ aJ ~ ~l UJ .' - - --- - - - - """':: - - - - - - -- - - - - --- ---- - - -- - --- - - - ----"'.-- --- - - - - - - --- -..-----.--..--------------------.---.-------.----.-----.-------....---...--...-.-------- b~.,'b;1 MA" / f)f~ / .( ( tul"~. ~aJ ('T'"f?)~ ~ H'~ nv.~:t w t" Ni8l.JL.A ~D ~ trr"r- J \ /~~:;'~J / I aJr... "'=NT DNo /Tn" J . ." --0' , 0' _'" '. . ,. "..... . '. . " . 'u~~riJl'~ r-_,.....;.[ 'r- . LI._~---~'-'I,-~ ~I--~" i~r.~ ij' ~ I ;;;, ". . ~1r:1 : : .; ,.:, ' ~ ~ :j ,iorJ: '~:i; rnmro IJ:J>, . ,', HID-l ~ [ '.. ' ~, ~) '- " :~~~F.,,";~..~li~ ~.{jil:!''''i' ~~ ".'. , I " ' '" ! Jilll 11I11/ H I { ii, \ ~." ~ "; ,. '. '.... '..' ~~, i'I''',,;!1I;'!'/: '" '",; ,,:".., ,,,;~Jnu ml!! _, '!mil'! \ u.... "''''''''''' /'lYr' J -1 \. - L...."" ,.."..... L.... '-- a",GOC =u.t-l><5 ""'"'" c:..o~ I:I.A6e. V~. .j\,..,Q'"' EAST AND WEST ELEV A TION ....1" Jj. ~c:.a Il""r1'" J T1 L T4./l'" E:.CIHG. ",&.N:1. NI ~....c.crn: rlHaH t'1"'r"I- J Al.J.t..nI..u.. ~ ~ wi r ~11:l::l ~ trrrJ u.HT ,.,~ fr'rl'" J NORTH AND SOUTH ELEVATION v.o- -"-d. E x1c ,eh;f If Ii " ~ Df.3 // 8~ L.....o ~- CJ W D:: t: :t u W :I: T ~ !!:l d~ ~ Gl ZM ~ n:::a ~~ <t:.... ~....... j::l 3!: ~@] ::E_ 1::1.... <t. G (~ i ~d"ii x: ~~~ ~ ~h =@].... u..... ..... .J ~ :c o LL (./) <[.0 W...q- ~ ~(J\ <:[ ..... \0 W ~~ m (/)CU <[..-I @- w..:..-. 'i~ --' I~ ~ / ( ~ Cl i- U W ~ ~ W t- 4: l- Ll) e e e ~~ u.o l....- CJ e ....: z 8~ -10 -1- < ::E &n --""\ ~\ ~\ , , \ I I I I I I I I 1 1 ~l ~ / I __J &~,1J#. f If /i" 3 tJl.3 i: z <[ -.J D- ~~ W ~~~ C/) :~ I <[ H . w $~ -.l ~ ti fL ~~ o !iei D --' LL r- C/J? fr:~ !-to. LL~ .....1 <t. ( Blakeslee & &sociatcs August 28, 2001 RECEIVED SEP - 5 2001 Mayor Robert D. Corrie City of Meridian 33 E. Idaho Meridian, ill 83642 CITY OF MERIDIAN Dear Mayor Corrie, Thank you for taking the time to visit me about the concerns you and your City Council have regarding your Building and Planning and Zonffig Departments. The future success of the development of Meridian is very dependent on how well those departments handle their customers and all the processes involved. With the Treasure Valley growing so steadily, there are many options for development and I know you want to make sure that Meridian is considered in those options and not bypassed due to lack of consistent quality service andlor inefficient processes. In order to assure this success, the very fIrst step in the process of improvement is interviewing the customers that use Meridian's services in those two departments. It would not be prudent to design a training program without finding out the pertinent information about your services that only those that use them can provide. We want to find out what is working well and make sure to keep it and change what is not. As part of my training, I want to have personal interviews with supervisors, selected employees, contractors, sub-contractors, architects, developers etc...an assortment of professional people that work with your process and people on a daily basis. This would be an extensive process and not just information from a few. I plan on using a survey format so that there will be a consistency in the interviewing. Yau (if you desire), selected personnel in the departments, a city council representative and I will design the pertinent queStions for this survey. I Win need a list of suggested "customers" to interview from you, the City Council, and the departments plus a comment on whoever is suggested as to "why" they need to be interviewed. The training program will be designed according to the information obtained from all those interviewed. There is a poss~bility that a citizens committee could assist the departments in any changes that may be deemed necessary. It is so important for the building community to know that your departments are anxious to serve them well and efficiently. The timeframe will be determined by the coordination of the survey development, the number ~f interviews needed, and the results from the interviews. The sooner we can start tbis process the better it will be for all of us. I am booking so many training programs this Fall. Fee Structure: · Development of the Survey designed specifically for the Building and P&Z Department information needs · Interviews with supervisors, selected employees, contractors, sub-contractors, architects, developers etc. · Detailed Survey Summary · Initial 8-hour training program with designed workbook · Post-program consultation with you, the Building and P&Z supervisors and City Council representation Fee: $6,500.00 Options: I. Additional training-fee schedule 1. Follow-up Programs-8 hours-session 2. Follow-up Programs--4 hour-sessions 3. Follow-up Programs-2 hour-sessions each $2,000.00 each $1,000.00 each $ 750.00 Fee includes: workoooks and materials II. Facilitation of a city/community committee hour $125.00 per This proposal is very broad in scope because I will not know what specifically needs to happen until after the interviewing process is complete. I hope this gives you an idea of the investment needed to assure the continued success of your Building and Planning and Zoning Departments. Again, thank you for this fine opportunity. I always enjoy working with the City of Meridian employees. Best regards, ~ Dawneen A Blakeslee President, Blakeslee & Associates Cc: Keith Bird, Meridian City Council President PO Box 2592 Boise" ID 8270i (208) 345-4133 E-1\tlail: dabtime(Q),mindsDl'"ing:.com 2 ( (' - - - -.. ~_..~: J~?.'.';-~:''' CITY OF MERIDIAN Master PLC and Wonderware Installation Contract Proiect DescriDtion Phase 1: consists of installation of a Master PLC. Implementation is _ est.imated to be 3 weeks. The following is included: Item Description QTY Each Total 1 .: SCAD Pac~ ~LC PIN PI-IOO-OI-O-I ... 1 $1,427.00 $1,457.00 .:. .~-'" 2 SCAD Pack Modem PIN 297120 1 . .. $402~45. . $402.45 3 Power Supply PIN 242341700 1 . $236.62 $236.62 4 Wire, Terminals, Connectors, etc. 1 $587.00 $587.00 5 Mount Enclosure in Control Room 4 $65.00 $260.00 6 Reroute Wires, Connectors, and Power 7 $65.00 $455.00 7 Master PLC Programming 48 $65.00 $3,120.00 8 Remote PLC Re-Configure 56 $65.00 $3,640.00 9 Lookout Gill Re-Configuration 21 $65.00 $1365.00 10 PLC and Network Documentation 22 $65.00 $1,430.00 11 Telepace C Function Library 1 $1,050.00 $1,050.00 TOTAL $14,003.07 Phase 2: consists of installation ofWonderware Software. Implementation is estimated to take 5 days and includes the following: Item Description QTY Each Total 1 Wonderware In ,TouchlInSQL Package - 500 tag 1 $4,000.00 $4,000.00 2 Install/Configure/Test with Master PLC 1 loc Inc 3 Initiate Master PLC Communication 1 Inc Ine TOTAL $4,000.00 Reouirements of ACS Additional requirements of ACS are: · Installation is to be seamless. Operation of the water system is to continue '---~-unintenupt-ed-=--A-€S-should--arrange-a -meeting-with -€hip--Hudson-and~ben-{Jrady "_n ----- - --- - ---- prior to installation to discuss the procedure. · All hardware and software should be the lasted versions generally available. · Software is to be compatible with Wmdows 2000 and Office 2000. ( _ _ _"_ ~-' ~~:~~<~"_.~,-..:::r · All data will be stored in an InSQL database on the main PC hard drive. Owner will be able to retrieve data via InSQL Client or Access as needed. · ACS is not required to supply any new screens, reporting, alanns, or database functions. The existing functionality will be maintained as a minimum. .. '. ':':~;~t ..,1' L.._._ . · New or added Ladder Logic, which is downloaded to each PLC, will be well commented, printed, and described to Len Grady. An electronic yersion of the existing and new commented Ladder Logic will be supplied to Len Grady. . One year fult'ii,fJe warranty is suppli~_ hardware, softwarq.aad:< .' workmartship~~~ . "'.' ,:-~'::~ . . ," · . .' "':'::'~~~' · The existing Lookout software will stilI be configured to take over, as a backup to the Master PLC should that be required. Some manual switchover may be required. · Master PLC to operate in "C". Reouirements of City of Meridian Requirements of City of Meridian are: · The City will supply 2 computers for operation of the system. The primary system will be used strictly to run the W onderware program. . The secondary machine will be available for data retrieval using MS Access. · During testing, and with advanced warning, Jamie (or equivalent) will be made available to assist. · ACS will have access to the sites as required, during normal business hours. The Agreement will be effective on , 2001 OWNER: City of Meridian By: Name: ROBERT D. CORRIE Title:~MA:tOR Contractor: Advanced Control Services. LLC By: (] . Name: Cu · Title~" - ATTEST: Name: William G Bera. Jr Title: City Clerk ' Approved by City Council: ~j }- "'" ~ " ... *It t -tit ~ -00<) 'J;. ~ _vJ t!\ - - -J f;' ~-J \N Vl~ N I~ )~ 8 \g ~ ~ g )> s: (0 -... ~ ~ N 0 0 ....Ir. ~'(~~>..~~';;.;:-;--..-- - ~~ -' (l 5 Or' >)>~)> ~CJJ ~ -LCOCO-l.. c..n :;: :I---J ::. CfJ (J) ::. ><""""-0 COD) CD :: -- (t) < -0:2.-0 mCt>oo ~~~Q) ~ en :r se. (;)<06 ~ en 0 @ CD ::J <n 0 I\) ....>>. c: N........I\)~ D) oom ::s ~ := r+ '< rirr- e (I)'"TI"11" ::] ;:;: -(fl (,.) c.,,{;B~~ OCDI\J<.n oc..nOf\> - 000""' ~. 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N ~ ~ r"- ~+~ ,a.t~ (--- \. - --"_.~"'~~'0~~;:~~ EXHIBIT C FIVEMILE TRUNK SANITARY SEWER LATECOMER AGREEMENT FEE COM PUT A liONS LATE COMER SERVICE AREA As shown in Exhibit uB", the Late Comer Service Area is 635 acres LATE COMER UNIT COST FORMULA Assume payback period'of ten~years'.and a 50% buildout rate over said ten years. Latecomer Agreement 6ngineering Fees = $2,650.00 Late Comer Fee Acre = Fivemile Trunk Construction Cost + Latecomer Agreement Engineering Fees (Total Service Area, ac) x (500/0 Development) LATECOMER FEE COMPUTATION Late Comer Fee Acre = $749,975.16 635 + $2.650.00 500k = $ 2,370.47 per Acre x Note: The above Late Comer Fee shall be applied to the total Late Comer acreage or fraction thereof. REIMBURSEMENT SCHEDULE The late comer fee ass~ssed to each latecomer shall be adjusted annually on September 30 at an annual percentage rate of 4%. The late comer fee shall be as follows: Table II. Effective Date Late Comer Fee 9/30/01 $ 2,370.47 9/30/02 $ 2,465.29 ............----. 9/30/03 $ 2,563.90 9/30/04 $ 2,666.46 9/30/05 $ 2,773.11 9/30/06 $ 2,884.04 973-0707 $ 2.99-gAO 9/30/08 $ 3,119.38 9/30/09 $ 3,244.15 9/30/10 $ 3,373.92 ( (- MERIDIAN. IDAHO .E=- RECEIVED SEP 1 8 2001 September 18, 2001 CITY OF MERIDIAN Honorable Robert Corrie Mayor, City of Meridian Meridian City Council 33 East Idaho Street Meridian, Idaho 83642 RE : Five Mile Trunk Latecomers Fee Dear Mayor and City Council Members, I understand from tonight's meeting agenda that you will hear from Gary Smith regarding the Five Mile Trunk Latecomers Fee during his department report and may be asked to approve this fee and agreement. If this is the case, we request that you defer this matter until we have had a chance to fully understand the issue and discuss its methodology and fairness with Gary Smith. Just yesterday, I received a letter and invoice from Bruce Freckleton in your office regarding the Five Mile Trunk "latecomers" fee and its implications to Woodbridge. While I have not had an opportunity to review the agreement in detail, I am surprised by the amount of the assessment and the formula used to calculate it and would offer the following quick observations: · The service area boundary is disproportionately small for the size of line that was installed. · Similarly, the cost of the project is excessive considering the size of the service area. · The assessment does not take land use or intensity of development into consideration. · The recapture period is almost immediate given existing development and pending applications that are and will be subject to the assessment while the rate has been increased to account for parcels that may not develop within the allotted 10-year period. Thank you for you consideration of this request. I look forward to the opportunity of meeting with Mr. Smith and the appr priate City staff in order to better understand the process used to determine this latecomers fee. Derick O'Neill cc: Will Berg Gary Smith Bruce Freckleton O'NEILL ENTERPRISES 100 N. 9TH ST., STE. 300 BOISE. IDAHO 83702 P: 208.336.3430 F: 208.336.5296 WWW.WOODBRIDGE-MERIDIAN.COM - -,.-,.'. "-, '.l..~'- ,.- CITY OF MERIDIAN ORDINANCE NO. 01- "1.8 AN ORDINANCE OF THE CITY OF MERIDIAN PERTAINING TO FLOOD DAMAGE PREVENTION AMENDING SECTION 10-6-5 .B.I, RESIDENTIAL CONSTRUCTION BY THE ADDITION THERETO OF A NEW SUBSECTION C., TO AMEND SECTION 10-6-5.C.2, FLOODWAYS, FOR THE ADDITION THERETO OF THE REFERENCE OF SECTION "10-6-5", AND FOR THE ADDITION OF A NEW SECTION E, ALL OF CHAPTER 6 OF TITLE 10 FLOOD DAMAGE PREVENTION; AND REPEALING CHAPTER 11 TITLE II MERIDIAN CITY CODE (FLOODPLAIN OVERLAY DISTRICT (FP); AND PROVIDING 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 Meridian City Code Chapter 6 of Title 10, section 5.B.l, PROVISIONS FOR FLOOD HAZARD REDUCTION, Specific Standards, Residelltial Construction, be, and the saIne is hereby alnended by the addition thereto of a new subsection c. to 5 .B.I, and to read as follows: 10-6-5.B.l. Residential Construction: B. Specific Standards: In all areas of special flood hazard where we base flood elevation data has been provided as set forth in subsection I Q-6-3B or 10-6- 4C.3. of this Chapter, the following provisions are required: I. Residential Construction: a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. AMEND IO-6-5.B.I AND lO-6-S.C.2 FLOOD DAMAGE PREVENTION AND REPEALING CHAPTER II TITLE 11 FLOODPLAIN OVERLAY DISTRICT (FP) 1 \. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or luust meet or exceed the following minimum criteria: (I) A luinimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot (I ') above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters. c. The lowest finished floor area of the residential structures, including mobile/manufactured haInes, shall be elevated to be no less than 12 inches (12") above the flood elevation. SECTION 2: That Meridian City Code Chapter 6 of Title 10, section 5.C.2, PROVISIONS FOR FLOOD HAZARD REDUCTION, Specific Standards, Floodways, be, and the same is hereby amended by the addition thereto of a new reference to 5.C.2" aI1d to read as follows: 10-6-5.C.2. Floodways: C. Floodways: Located within areas of special flood hazard established in subsection IO-6-3.B. of this Chapter are areas designated as floodways. Since the floodway is an extrelnely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: I. Encroachments: Prohibit encroachments, including fill, a new construction, substantial improvements, and other development AMEND IO-6-5.B.I AND IO-6-5.C.2 FLOOD DAMAGE PREVENTION AND REPEALING CHAPTER II TITLE II FLOODPLAIN OVERLAY DISTRICT (FP) 2 I \, unless certification by a registered professional engineer or architect is provided deITIonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Compliance Required: If subsection C.I. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 10-6-5 of this Chapter. (Ord. 564, 11-19-1991) SECTION 3: That Meridian City Code Chapter 6 of Title 10, section 5., PROVISIONS FOR FLOOD HAZARD REDUCTION, be, and the same is hereby amended by the addition thereto of a new subsection E., and to read as follows: 10-6-5.E. Storage Of Materials And Equipment: E. Storage Of Materials And Equipment: Materials that are buoyant, flammable, noxious, toxic or otherwise injurious to persons or property if transported by flood waters are prohibited. Storage of materials and equiplnent not having these characteristics is permissible only if the materials and equiplnent have low damage potential and are anchored or are readily removable from the area ~rithin the time available after forecasting and warning. (aId. 430,4-2-1984; amd. 1999 Code) SECTION 4: That Meridian City Code Chapter II of Title II, FLOODPLAlN OVERLAY DISTRICT (FP), be, and the saIne is hereby repealed. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: 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 7: DATE OF EFFECT: This Ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. AMEND IO-6-5.B.I AND IO-6-5.C.2 FLOOD DAMAGE PREVENTION AND REPEALING CHAPTER II TITLE II FLOODPLAIN OVERLAY DISTRICT (FP) 3 /- ( PASSED.J3,YTHE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / 8~ day of cJl3j/tef1,-~200 1. ;"811> APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of .Jipk~ , 2001. JI~,~~(rJ City Clerk ...;. v ...". ~ ATTEST: z:\ W ork\M\Meridian \Meridian 15360 M\Ordinances Ci ty Hall\200 1 Ordinances\AmendRepealFloodDamagePrevANDFloodPlainOverladOrd060 10 l.doc AMEND IO-6-5.B.l AND IO-6-5.C.2 FLOOD DAMAGE PREVENTION AND REPEALING CHAPTER II TITLE II FLOODPLAIN OVERLAY DISTRICT (FP) 4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing for consideration of an amendment to the FY01 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at 6:30 PM on the 18th day of September, 2001. PROPOSED ADDITIONAL EXPENDITURES General Fund: General/Admin . . . . . . . . . . . . . . . . . · . . . · · · . · · . · . . · Fire Department I I . . I . . . . . . . I . . . I . . . . . . · I . . . . . · Police Department. . . . . . . . . . · . · · · · . . . · · · · · . · · · · Parks Department . . . . . . . . . . . . . . . · · · · · · · · . · . . · · TOTAL . . . . . . . . . . . . . . . . . ~ . . . . · . · · · . · . $ 10,345.00 $ (8,500.00) $ 137,500.00 $ 38,500.00 $ 177,845.00 Enterprise Fund: Water & Wastewater. . . . . . . · . . · · · . . . · . · . · . · · · · . · · $ 57, 765~OO $ 235,610.00 GRAND TOTAL . . . . . . . . . . . . . . . . . . · . · · . · · · . . · · PROPOSED ADDITIONAL REVENUES I FUNDING SOURCES General Fund: Other Sou rees . . . . . . . . . . . " · . . .. II . . II II II . . . . . . . . . . TOTAL . . . . . . . . . . . . . . . . . . . · · · · · · · · . . · $ 177,845_00 $ 177,845.00 Enterprise Fund: Other Sources. . . . . . . . . . . . - . . . " . . . . . . . . . . . . . · . TOTAL . . . .. , . . . . . . . . . . ~ . . . . .. . . . . . . . . . GRANO TOTAL . . . . . . . . . . . .. . . . . . . . · . · · · · . · . · . $ 57,765.00 $ 57,765.00 $ 235,610.00 Expenditure of the monies will be in accordance with the provisions authorized by the amendment of the budget. Publication dates of the notice of the public hearing are August 31st and September 14th, 2001 in The Idaho Statesman. Dated this 21st day of August, 2001. William G. Berg. Jr. ... City Clerk PUBLIC HEAR'.~G ( , SIGN..UP SHE~ j" DATE .S~p~lm her \<6. 2f'"nLJIlYYIl\J(), 9 PROJECT NUMBER PROJECT NAME Cms'r1CYrL+l( VI r* (\\1YYln f\'""'Cn.J' -tr1 FYO, NAME FOR AGAJNST ....... ..... ..~ -.- .,. I . :'1 T , I n.1!i\7 L!J.1- v. r.J LI .- - -. :;I:~ I (1 lUUl CITY OF MF 1-/.11)1 AN I ... I : H- I I , --. -,j"'C . . ,- ( RECEIVED SEP 1 8 2001 CITY OF MERIDIAN DELINQUENCY FOR TURN OFF SCHEDULED FOR 09/19/01 & 09/26/01 MAYOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, September 18, 2001, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on September 19, 2001 or September 26,2001 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $51,452.92. CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Sep 18,2001 02:32pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Report Criteria: Tenninated customers not included Customer. Cust No = {<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 4.0552.1 ABBEY BEN 87.69 43.93 43.76 07/24/2001 34.99 - 34.3240.2 ABBOTT,REBECCA 282.76 164.22 118.54 07/17/2001 109.77 - 4.0868.2 ABLE, MICHAEL 87.81 42.76 45.05 08/20/2001 37.51 - 6.1946.1 ACCENT HOMES 55.00 23.36 16.88 14.76 05/17/2001 26.38 ~ 1.3190.1 ACHURRA, HENRY 107.10 62.94 44.16 07/11/2001 39.93 - none 1.3990.1 ADA COUNTY OPERATIONS 38.16 6.48 31.68 08/21/2001 31.68 - none 42.2370.1 AIKMAN, WILLIAM 11 0.05 68.34 41.71 09/10/2001 50.00 - none 31.3324.1 AKE, CHARLES 250.40 140.74 109.66 08/15/2001 101.05 - none 74.3698.2 ALBIN, CATHY 96.97 44.18 52.79 08/29/2001 34.18 - 2.4740.1 ALBRECHT, JUDY 150.91 96.15 54.76 08/03/2001 62.00 - none 50.1476.1 All & FARHA ISHAQ, SABIHA 634.21 308.92 325.29 08/28/2001 350.00 - none 74.3656.2 ALLEN, LAURA 50.44 26.38 24.06 07/17/2001 60.00 ~ 13.2034.1 ALLEN, JAMES & BETTY 61.70 32.86 28.84 07/09/2001 26.38 - 74.2452.1 ALLEN, RICHARD L. 155.69 73.46 82.23 08/21/2001 72.23 - none 31.3422.1 ALLEN, TIM 137.30 82.40 52.55 2.35 08/20/2001 50.00 - none 35.0194.4 ALLMOND, JOSEPH & TAKEIA 88.06 47.96 40.10 07/16/2001 59.34 - 2.0860.1 ANDERSON, DEAN 100.95 55.56 45.39 08/10/2001 47.85 - none 74.3624.1 ANDERSON, GREG 81.05 34.91 46.14 07/18/2001 61.20 - none 4.2256.2 ANDERSON, NELSON 267.12 158.94 108.18 08/01/2001 104.49 - 1.1070.1 ANDERSON, RALPH 58.47 33.09 25.38 07/23/2001 50.76 - none 1.1080.1 ANDERSON, RALPH 117.12 68.28 48.84 07/23/2001 97.68 - none 1.1060.1 ANDERSON,RALPH 59.24 32.86 26.38 07/23/2001 52.76 - none 46.0400.1 ANDERSON, RAYMOND 73.84 41.39 32.45 08/08/2001 29.99 - none 21.2070.1 ANKENMAN, MICHAEL A 81.78 44.13 37.65 08/20/2001 37.65 - none 14.4428.1 ANN MAKA 108.05 54.11 53.94 07/18/2001 89.11 - 2.6300.1 ANSON, PATRICIA 208.23 137.16 71.07 08/27/2001 50.00 - none 19.0084.2 APPEL, ROSEMARY & DAVID 61.70 34.09 27.61 08/01/2001 26.38 - 21.2656.1 ARCHER, DORSEY 166.31 105.63 60.68 08/20/2001 70.00 - none 68.0070.1 ARES, TONY 140.77 68.54 72.23 08/17/2001 53.19 - none 42.1988.2 ARMSTRONG, GARY & LAURA 162.40 76.28 86.12 07/17/2001 130.42 - 53.0700.1 ARNOLD MACHINERY 648.28 324.14 324.14 08/21/2001 324.14 - none 74.3148.1 ARTHUR, WILLIAM 100.74 46.68 54.06 07/16/2001 52.83 - none 35.0084.2 ARY, DAVID W. 70.15 38.93 31.22 08/01/2001 36.14 - 20.1678.1 ASTLEY, DAVID C. 181 .69 108.23 73.46 08/08/2001 73.46 - none 69.0530.1 ATCHISON, JEFFERY 148.15 69.77 78.38 07/13/2001 111.25 - none 20.1774.3 AYLWARD, PHILlPE & NAOMI 98.21 52.96 45.25 07/24/2001 37.87 - 32.1562.2 BABBITT, BARBARA 79.64 38.06 41.58 07/18/2001 65.62 - 69.1620.1 BACHMAN, MICHAEL L. 283.16 128.95 154.21 08/23/2001 100.00 - none 49.0901.1 BAGLEY, FREDRICK 194.40 103.68 90.72 12/27/2000 43.74 - none 49.0902.1 BAGLEY, FREDRICK 257.98 135.47 122.51 08/28/2001 122.51 - none 21.1928.1 BAILEY, BRUCE R 273.72 152.37 103.00 18.35 07/18/2001 100.00 - none 51.0290.3 BAILEY, PEGGY 101.73 47.71 54.02 08/20/2001 39.1 0 - 74.2676.1 BAIRD, KAREN LEE 179.89 91.10 88.79 08/27/2001 100.00 - none 74.2674.1 BAKER, ROBERT & TANYA 155.63 73.32 82.31 08/20/2001 100.00 - none 69.0138.1 BANG, JAMES & PEGGY SUE 85.42 40.25 45.17 08/21/2001 67.43 - none 50.4820.2 BARBOUR, TREVOR & ROSE 151.84 67.31 84.53 07/13/2001 67.31 - 42.2372.1 BARNES, CHRISTY 188.62 77.09 111.53 08/17/2001 59.87 - none 21.3180.3 BARNETT, KRISTINE 157.25 112.00 45.25 08/10/2001 72.31 - 4.1438.3 BARNEY. MARY 190.79 109.04 81.75 08/0212001 24.50 - 21.1894.1 BARNHART,CLlNTON 196.20 146.23 49.97 07/18/2001 65.40 - none 43.2448.2 BARON, KONA & MICHELLE 79.43 36.64 42.79 08/23/2001 36.64 - *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Sep 18,2001 02:33pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 1.2110.1 BARROETABENA, PHYLLIS 121.07 61.85 59.22 08/20/2001 48.20 - none 2.0472.1 BARTH, JEFF 165.02 107.89 57.13 07/17/2001 87.20 - none 31.3060.1 BASTIAN, DAVID 204.86 103.45 86.06 15.35 08/21/2001 50.00 - none 68.0256.2 BASURA, JOSEPH. 71.77 34.04 37.73 07/27/2001 34.04 - 2.0360.2 BEACH, DEVIN 85.91 50.50 35.41 07/24/2001 42.79 - 46.0258.1 BEAMGUARD,L1SA 74.00 35.24 38.76 07/24/2001 146.28 - none 34.0942.1 BECK, JIM 126.67 65.96 60.71 07/17/2001 121.42 - none 32.0950.1 BECKER, NICHOLAS 244.87 151.28 93.59 08/20/2001 100.00 - none 19.6576.3 BECKMAN. RICK & DARLA 84.12 47.76 36.36 07/23/2001 25. 13 ~ 32.1412.1 BEECHER, CYNTHIA 224.11 62.52 115.39 46.20 06/20/2001 62.88 ~ none 74.2762.1 BEEHIVE SHEL TER HOME 381.07 242.69 138.38 09/03/2001 288.20 - none 31.1004.1 BEHNER,ROBERT 200.58 131 .90 68.68 08/29/2001 58.84 - none 69.0722.1 BENAVIDES, RUBEN 111.25 74.35 36.90 09/12/2001 74.35 - none 33.2772.2 BENNETT, GREG 123.22 74.73 48.49 08/29/2001 54.56 - 2.1008.1 BENNETT, JAMES 200.97 119.10 81.87 07/17/2001 85.02 - none 51.2623.1 BENTLEY. DONALD 188.20 123.40 64.80 09/10/2001 121.50 - none 21.0130.1 BESKER, GLORIA 1 09.40 61.63 47.77 07/17/2001 96.77 - none 32.0656.1 BEVINGTON, H LARUE 135.51 80.30 55.21 08/21/2001 67.13 - none 50.1856.1 BIG BEAVER 78.07 38.42 39.65 08/02/2001 41.34 - none 21 .1754.1 BINGHAM, KEVIN W. 267.73 77.87 83.86 106.00 07/16/2001 54.34 - none 34.0980.1 BIRZER, TODD A 140.42 88.21 52.21 08/17/2001 52.21 - none 35.0305.1 BISSELL, ROBERT & ELIZABETH 108.87 50.66 34.18 24.03 07/17/2001 6.48- 3.0308.1 BITTNER, MICHAEL 80.55 42.90 37.65 08/21/2001 31.53 - none 2.4200.1 BLAKELY, CLAUDE JAMES 87.36 40.16 45.98 1.22 06/26/2001 32.45 - none 4.1294.2 BLASER, GLENN 72.77 41.47 31.30 07/18/2001 28.84 - 4.2200.1 BLA YE, LUCREZIA 172.59 95.65 76.94 08/20/2001 55.00 - none 33.2730.1 BLEAZARD. BARRETT 79.36 37.92 41.44 07/18/2001 64.11 - none 1.2780.1 BLEVINS, LAURIE 131.81 84.52 47.29 08/20/2001 44.83 - none 33.4154.2 BOBKO, RAYMOND 174.19 1 08. 17 66.02 07/13/2001 11 0.69 - 42.0408.1 BOSKO, RAYMOND 181.96 94.75 87.21 09/11/2001 73.68 - none 2.4450.1 BODINE, DOUG 219.14 132.49 86.65 07/27/2001 59.59 - none 74.3016.1 BOHN, ERIC 85.42 41.48 43.94 08/21/2001 59.93 - none 50.3696.2 BOHN, SPENCER & HEATHER 133.71 67.39 66.32 07/18/2001 99. 11 - 22.1462.1 BOLEN, KELL Y & LORI 181.57 97.02 84.55 07/25/2001 61.02 - none 52.0246.1 BOLO'S PUB & EATERY 839.84 315.13 303.64 221.07 08/28/2001 303.64 - none 21.0586.2 BONNING, ANGELA 270.92 175.60 95.32 08/17/2001 68.26 - 34.1318.2 BOOHER, CRAIG & DANA 274.66 165.17 109.49 08/17/2001 114.41 - 21.2124.3 BOUDREAU, YVETTE 131.15 70.06 61.09 08/29/2001 44.00 ~ 19.6640.1 BOUNSANA,SOUVANNA 129.19 75.46 53.73 08/30/2001 50.00 - none 72.0218.1 BOVEE, RONALD 69.44 47.96 21.48 08/29/2001 20.00 - none 21.3068.1 BOYDSTUN, PATRICK & JUDY 167.64 89.44 78.20 07/18/2001 111.96 - none 72.0206.3 BOYER, KEITH 110.70 77.56 33.14 08/24/2001 75.00 - 5.0802.1 BOYLE, JOHN 170.06 103.03 67.03 07/17/2001 107.16 - none 21.1054.1 BRAUNSTEIN, BERNARD & KARL 136.58 105.63 30.95 08/28/2001 85.00 - none 31.3022.2 BREEDLOVE, RUSSELL & MICHE 119.08 88.21 30.87 08/17/2001 50.00 - 34.0420.1 BRENEMAN, JEFFERY 249.10 146.32 102.78 08/29/2001 52.35 - none 5.0264.1 BRENNAN,TERRENCE 299.57 161.96 137.61 08/20/2001 80.00 - none 16.3306.2 BREWER, CHRIS & ELIZABETH 94.36 51.65 42.71 07/16/2001 22.16 - 32.0926.1 BRIGGS, NADINE 212.88 133.05 79.83 08/09/2001 83.52 - none 31.2306.1 BRIGHT, LEANN 133.66 1 01 .94 31.72 08/23/2001 80.00 - none 2.1300.1 BRINEGAR, E.E. 81.97 54.05 27.92 08/24/2001 50.00 - none 2.3702.2 BRINEGAR, KATHLEEN 79.60 43.04 36.56 08/23/2001 36.56 - 21.2564.4 BRINEGAR, KATHLEEN 48.79 23.86 24.93 09/04/2001 55.00 - 1 .0491.1 BROADWAY ESTATES CONDOM 241.66 103.96 103.68 34.02 02107/2001 22.68 - none 19.4456.1 BROOKS FULLER HOMES 162.60 56.57 106.03 08/23/2001 50.00 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Sep 18,2001 02:33pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non~Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amou nt Msg 22.1614.2 BROWN, REBECCA 1 06. 19 73.87 32.32 08/08/2001 100.00 - 74.3810.1 BROWN, ROBERT 78.43 42.29 36.14 07/11/2001 82.28 - none 31.0174.1 BROWN, RONALD 75.07 36.4 7 38.60 07/19/2001 44.75 - none 32.0436.1 BROWNING, MARK L. 215.34 128.13 87.21 08/10/2001 88.44 - none 6.1900.1 BRUCE WOOD 61.99 37.31 24.68 07/13/2001 16.63 - 20.1326.2 BRUMBLE, MATHEW & CHANTEL 66.46 35.24 31.22 07/18/2001 31.22 - 31.3306.1 BRYANT, JAMIE 155.91 67.05 88.86 08/21/2001 63.03 - none 32.1092.3 BUCKLEY, WILLIAM 384.17 344.47 39.70 34.1844.1 BUFFAT, STEPHEN 226.69 135.65 91.04 08/06/2001 88.58 - none 32.1546.4 BURCHFIELD, DARRELL 82.08 45.36 36.72 08/01/2001 35.00 - 22.1324.1 BURDEN, DAREON 172.47 134.36 38.11 08/29/2001 80.00 - none 19.6510.2 BURKETT, MARK, BRYAN & CAS: 157.63 95.00 62.63 08/30/2001 55.00 - 32.0922.2 BURKHAL TER, KURT 181 .50 181 .50 5.0272.2 BURKS, BRIAN 208.35 142.47 65.88 08/09/2001 84.33 - 2.4890.2 BURNS, EMMETT 203.71 141.30 62.41 08/27/2001 57.33 - 50.3910.1 BURNS. KENDALL 53.99 26.38 27.61 07/24/2001 26.38 - none 42.2460.1 BURTON, JACK 158.71 75.05 83.66 08/23/2001 68.12 - none 21.0472.1 BUTTERFIELD, BRIAN 77.81 40.30 37.51 07/27/2001 37.51 - none 34.0696.1 BUTTRAM, DEANNA 89.04 60.06 28.98 07/24/2001 70.26 - none 2.5770.1 CAFFERTY, RICK 201.25 135.23 66.02 08/15/2001 89.39 - none 31.1274.1 CALLISON, JAMES & BARBARA 164.50 94.42 69.49 .59 06/19/2001 40.00 - none 14.4488.2 CAMPBELL SR, DOUGLAS T 128.24 36.38 33.76 36.22 21.88 06/01/2001 146.36 - 34.0990.1 CAMPBELL, DOUGLAS 194.57 145.21 49.36 08/23/2001 76.00 - none 22.1106.1 CAMPBELL, HARVEY & LEONA 224.13 139.48 84.65 08/21/2001 20.00 - none 42.0414.2 CAMPBELL, ROBERT 76.25 37.51 38.74 08/21/2001 46.12 - 31.3058.2 CANADA, KIMBERLY 127.73 73.87 53.86 08/21/2001 47.71 - 31.0010.1 CANDACE ADKINS 232.92 129.52 50.4 7 52.93 06/08/2001 55.39 - none 21.3279.1 CANDLELlGHn COMMUNTITY Mf 896.14 489.24 217.36 189.54 08/17/2001 157.14 - none 4.1796.1 CAPRAI, JOHN & SARAH 219.85 137.89 81.96 07/20/2001 80.00 - none 46.4766.1 CARLS OF BOISE 407.84 148.16 151.52 108.16 32.0884.1 CARLSON, DEBORAH J. 169.94 104.20 65.74 08/15/2001 62.05 - none 19.7968.2 CARL YLE, HOWARD 59.24 32.86 26.38 07/27/2001 26.38 - 34.1808.2 CARPENTER,DOUGLAS 132.21 78.57 53.64 08/21/2001 53.64 - 65.0688.1 CARPENTER, GAIL 81.50 42.76 35.05 3.69 08/27/2001 35.05 - none 22.1160.3 CARSON, JEFFERY & PAMELA 195.24 124.30 69.85 1.09 07/18/2001 130.00 - 21.0222.2 CARSON, LAWRENCE 79.76 40.66 39.10 08/03/2001 35.41 - 50.0354.1 CARSTENSEN, DENNIS 82.17 40.47 41.70 08/06/2001 39.24 ~ none 50.2108.1 CASELLA, GARY 65.22 26.38 38.84 07/23/2001 52.76 - none 32.1274.1 CATHCART,CHARLES 153.60 87.42 66.18 08/29/2001 55.14 - none 48.1610.1 CB FINANCIAL DEV. L.L.C. 1,100.93 486.86 427.68 186.39 08/03/2001 320.44 - 22.0848.1 CHAPMAN, THOMAS 609.52 404.17 160.95 44.40 08/27/2001 200.00 - none 4.0496.1 CHARTERS, TRAVIS 98.43 43.85 54.58 08/14/2001 40.00 - none 69.0516.3 CHASTAINE, LOCKE 100.24 77.23 23.01 08/01/2001 26.38 - 2.3410.1 CHECK, MICHAEL & NORMA 188.67 95.73 92.94 07/24/2001 78.18 - none 1.0230.1 CHESTER, FAYE 107.12 68.53 38.59 08/07/2001 40.00 - none 15.0047.2 CHRISTENSEN, DAVID 158.99 50.59 108.40 07/11/2001 138.88 - 1.0380.1 CHURCH OF JESUS CHRIST - LD 590.94 325.30 265.64 07/16/2001 219.68 - none 50.1350.1 CHURCH OF THE FIRST BORN 187.20 137.56 49.64 09/11/2001 64.76 - none 32.1278.1 CHURCH, LARRY 156.07 81.81 74.26 08/21/2001 60.57 - none 21.1714.2 CILUAGA, JOHN 198.91 120.53 78.38 07/25/2001 52.55 - 31.3492.1 CLARK, DAVID 151 .77 98.19 53.58 08/21/2001 58.50 - none 31.0162.1 CLARK, JAMES & KAREN 141 .43 77.03 64.40 08/10/2001 63.17 - none 21.3178.1 CLARK, THOMAS 173.75 105.49 68.26 07/17/2001 51.04 - none 40.0432.1 CLARKE, JOHN 90.99 40.66 50.33 07/17/2001 73.28 - none 50.4570.1 CLEVENGER, TERRY 52.76 26.38 26.38 08/20/2001 27.61 - none *"'* in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Sep 18,2001 02:33pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Gust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 22.2254.1 CLOT, BARRY 241.81 88.13 153.68 09/17/2001 190.09 - none 50.2122.1 COLE, DANIEL & RENEE 77.52 43.80 33.72 08/03/2001 35.00 - none 74.3360.1 COLE, DEBRA 62.72 31.36 31.36 07/09/2001 63.95 - none 51.0874.1 COLE, ORVILLE 77.69 38.10 39.33 .26 08/23/2001 36.00 - none 69.1394.1 COLE, VICTOR 186.95 96.55 90.40 07/13/2001 87.94 - none 74.3074.1 COLLINS, JAMES & DENISE 99.23 47.77 51 .46 07/16/2001 50.23 - none 51.4170.2 COLSON, HOWARD 146.98 36.64 76.16 34.18 07/18/2001 34.18 - 50.0260.2 COOK, JOHN 62.76 26.38 36.38 07/18/2001 113.42 - 2.0640.1 COPE, LINDA 127.17 80.97 46.20 07/16/2001 69.03 - none 42.2992.1 COPE. TIMOTHY 72.23 36.50 35.73 08/20/2001 20.00 - none 74.3816.1 CORDELL, TODD 81.49 43.94 37.55 07/18/2001 80.00 - none 52.0170.1 CORYELL, EARL 97.12 24.28 24.28 24.28 24.28 OS/29/2001 24.28 - none 4.1746.1 COSGROVE, AMY 201.92 123.96 77.96 08/29/2001 77.96 ~ none 1.1010.2 COSTELLO, DUDLEY 86.37 47.04 39.33 07/24/2001 38.10 - 35.0326.2 COSTNER, SHARON 80.99 45.58 35.41 08/10/2001 34.18 - 31.3420.1 COUCH, JULIA 109.55 57.60 51.95 08/22/2001 40.00 - none 35.0228.1 COVINO, PETER III 106.82 51.65 55.17 07/18/2001 78.20 - 2.4770.1 COX, CHRISTI 192.85 118.49 72.65 1.71 07/17/2001 66.02 - none 33.3592.1 CRADER, PAMELA 224.60 84.35 65.90 74.35 07/18/2001 48.52 - none 35.0096.2 CRAYCHEE, DILLON 87.53 45.16 42.37 07/17/2001 57.90 - 22.1044.1 CRIST, SHEILA 239.79 184.21 55.58 08/23/2001 126.45 - none 33.2376.2 CRONER, CHAD 1 01 .29 52.15 46.90 2.24 08/15/2001 100.00 - 14.5026.2 CRONER, PATSY 77.21 40.00 37.21 07/23/2001 35.98 - 42.4070.1 CROSS, ARBY 72.44 31.22 41.22 08/23/2001 34. 75 ~ none 51.3260.1 CRW HOLDINGS LLC 278.22 139. 11 139. 11 07/23/2001 139.11 - none 21.1918.1 CULVER, JAMES 109.95 63.83 46.12 08/30/2001 47.35 - none 2.6090.1 CURTIS, DARRELL 111 .46 67.58 43.88 08/10/2001 47.57 - none 50.3734.1 CZARNECKI, CHERYL 170.17 67.25 102.92 08/03/2001 57.41 - none 4.0686.2 DA ROSA, JULIE 79.43 37.87 41.56 08/21/2001 37.87 - 74.0378.1 DAILEY, CHARLES 138.19 68.48 69.71 08/01/2001 78.32 - none 42.2388.2 DALY,BERT 310.26 222.32 87.94 08/07/2001 69.49 - 4.2212.1 DARDEN, OTIS 211.21 132.83 78.38 07/16/2001 66.08 - none 1.3910.1 DAVCO SERVICES INC. 231 .44 179.04 52.40 08/27/2001 179.41 - none 74.1058.1 DAVIS, NORMA 53.99 26.38 27.61 08/01/2001 26.38 - none 34.1770.1 DAVIS, WADE & WYNETTE 202.48 132.77 69.71 07/25/2001 63.56 - none 33.2414.1 DAVIS, WALTER 87.70 45.86 41.84 07/23/2001 56.60 - none 32.0540.1 DAVLIN, RICHARD L. 180.90 99.84 81.06 08/01/2001 71.22 - none 21.3070.1 DECK, KIMBERL Y 221 .48 121.84 99.64 08/23/2001 55.00 - none 72.0132.1 DEL BRADLEY STINE 182.36 77.20 105.16 07/16/2001 33.82 - none 1.0930.1 DENNEN, JEVON & HEATHER 190.72 140.03 50.69 08/29/2001 32.48 - none 32.1254.1 DENNIS, LORI 59.24 32.86 26.38 07/17/2001 55.22 - none 52.1083.1 DEPARTMENT OF LABOR 249.59 212.22 37.37 09/04/2001 173.34 - none 46.4 724.1 DEVELOPERS DIVERSIFIED 529.99 324.66 107.43 33.76 64.14 2.1960.1 DICKSON, DONALD M 144.16 82.78 61.38 08/29/2001 54.00 - none 33.2584.1 DIXON, DAVID 67.85 39.01 28.84 08/08/2001 28.84 - none 22.2236.1 DOAN, DENNIS 82.73 43.99 38.74 07/27/2001 35.05 ~ none 3.0720.1 DOBARAN, JOHN & ARVELLA 74.71 23.36 36.03 15.32 08/14/2001 16.88 - none 3.0730.1 DOBARAN, JOHN & ARVELLA 371.00 188.74 182.26 08/14/2001 182.26 - none 4.1554.1 DOLL, THOMAS 152.54 106.13 46.41 08/17/2001 100.00 - none 21.0144.1 DOMKA, TIMOTHY 68.92 38.93 29.99 07/18/2001 57.52 - none 3.0830.1 DONLON, KATHRYN 88.21 47.96 40.25 08/09/2001 40.25 - none 31.0146.1 DORR, MARY LOUIS 60.4 7 32.86 27.61 08/21/2001 28.84 - none 50.1232.1 DOTY, JOSHUA 76.46 51.28 25.18 08/30/2001 50.00 ~ none 74.1062.1 DOTY, PAULINE & RON 68.42 27.98 40.44 07/18/2001 60.88 - none 42.2272.2 DRANSFIELD, ROBERT 116.72 50.98 65.74 07/16/2001 87.20 - **,.. in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Sep 18,2001 02:33pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 35.0467.1 DREGER,RHETT 70.59 40.38 30.21 07/17/2001 64.11 - 42.2494.1 DRIVER, DONALD E. 161.57 81 .40 80.17 07/13/2001 154.19 - none 4.2282.1 DRURY, PATRICK 234.63 147.45 87.18 08/21/2001 100.00 - none 51.0698.2 DUEROCK, WAL TER 446.87 36.38 26.38 384.11 08/10/2001 24.08 - 50.1224.1 DUNBAR. WILLIAM & PATRICIA 52.76 26.38 26.38 07/20/2001 25.88 - none 34.0398.1 DUNCAN, RICHARD 154.67 89.72 64.95 07/18/2001 111.29 - none 34.2802.1 DUNSTAN, BRETT & MICHELLE 251.74 130.26 121 .48 07/18/2001 193.44 - none 4.1958.1 DUPLEX, HARRY 288.98 171.10 117.88 08/01/2001 121.54 - none 34.0886.1 DUREN, ALLEN & KELLEY 197.72 139.48 58.24 08/03/2001 131.93 - none 31.2318.1 EAGLE,ROBERT 1 06.48 55.34 51.14 08/17/2001 40.75 - none 42.2598.2 EASTBURN,GARY 203.31 62.53 79.75 61.03 08/24/2001 35.27 - 50.4602.2 EBORN, RICHARD 69.76 35.41 34.35 08/20/2001 50.00 - 48.1632.1 EDDYS BAKERY 194.26 103.61 90.65 07/17/2001 90.65 - 34.1898.1 EDINGER, REX S. 146.57 88.21 58.36 07/13/2001 71.89 - none 22.1502.2 EDWARDS, ROBERT 328.79 192.77 136.02 07/18/2001 178.24 - 48.1601.1 ELLIOTT GROUP LLC 562.14 212.22 349.92 50.0002.1 ELLIOTT, TOM 197.70 98.85 98.85 08/01/2001 92.70 -' none 50.2232.1 ELLIS, JOHN 77.64 33.82 43.82 08/03/2001 32.59 - none 64.0014.1 EMERALD HOMES INC 84.84 40.66 44.18 08/03/2001 145.74 - 3.0428.2 EMMANUIL, MICHAEL 143.88 77.56 66.32 07/13/2001 60.01 - 2.1940.1 EPLEY, RITA 75.46 46.55 28.91 08/29/2001 32.53 - none 21 .1042.2 ERCOLlN, JULIE 258.23 152.65 105.58 07/12/2001 155.81 - 50.1238.1 ERHART, MILT 207.54 86.12 77.67 41.84 1.91 08/10/2001 50.00 - none 50.1404.1 ERHART, MILT 344.35 169.1 0 175.25 07/16/2001 298.84 - none 50.1242.2 ERHART, MILT 73.12 36.56 36.56 07/17/2001 36.38 - 50.1240.2 ERHART, MILTON 76.64 50.31 26.33 08/03/2001 100.00 - 21.1594.1 FAGAN, VON 161.17 11 0.27 50.90 07/11/2001 68.59 - none 32.1156.1 FARBER, BRIAN & KIMBER 1 77. 1 0 103.39 73.70 .01 08/14/2001 60.00 - none 1.3660.1 FARRAND, SHELLlE 137.77 97.70 40.07 08/29/2001 61.37 - none 1.3670.1 FARRAND, SHELLlE 86.62 44.09 42.53 08/29/2001 60.14 - none 2.2450.1 FARRELL, MICHAEL 139.08 77.70 61.38 08/21/2001 50.31 - none 34.1806.1 FAULKNER, FREDA 180.97 137.71 43.26 09/04/2001 30.00 - none 33.3678.1 FAYLOR, MILFORD 205.49 50.64 38.01 39.24 77.60 08/23/2001 38.61 - none 68.0024.1 FIELD, BRUCE & MARC I 66.13 31.22 34.91 08/07/2001 36.14 - none 74.0406.1 FISHER, CASEY L 79.80 38.68 41.12 08/21/2001 40.00 - none 32.0568.1 FISHER, MELVIN 74.15 43.93 30.22 08/01/2001 35.00 - none 2.0740.1 FISK, PATRICK 166.10 92.35 73.75 08/23/2001 82.00 - none 5.0800.1 FITZSIMMONS, TOM 177.32 116.50 60.82 08/21/2001 62.05 - none 51.3206.2 FLATEN, ROBERT 106.88 48.52 58.36 07/26/2001 62.60 - 34.0860.1 FL YNN, BENJAMIN J 192.18 120.68 71.50 08/29/2001 27.61 - none 48.2694.1 FOOD SERVICES OF AMERICA 2,698.13 1,373.33 1,104.88 219.92 08/17/2001 1,104.88 - none 22.1618.1 FOWERS, JOHN 286.36 164.87 121.49 08/20/2001 83.36 - none 2.5840.1 FRANK,GARY 154.40 70.18 51 .40 32.82 08/20/2001 50.00 - none 21.0160.2 FRANZEN, JAKE 191.85 91.17 100.68 08/29/2001 148.11 - 32.1366.4 FREDERICKS, PAUL 194.15 121.84 72.31 07/13/2001 52.63 - 20.1466.1 FREEMAN, MARK S 118.57 68.06 50.51 07/16/2001 57.89 - none 51.3226.1 FREITAS, DANIEL 114.46 114.46 02/15/2001 52.76 - none 31.3050.1 FRENCH,DEBRA 113.85 67.30 46.55 08/20/2001 40.00 - none 50.3754.1 FRENCH, LAWRENCE 131.48 59.59 71.89 08/21/2001 84.33 - none 21 .2828.1 FRIEND, RICHARD 68.92 36.47 32.45 07/24/2001 28.76 - none 72.0210.1 FRITZMEIER, RANDY 218.15 109.24 108.91 07/16/2001 101.55 - none 34.2856.1 FROSTROM, ED & KATHY 206.06 157.93 48.13 07/24/2001 141.77 - none 4.1454.1 FUENTES,CHRYSTLE 173.24 89.78 83.46 08/23/2001 66.08 - none 32.1542.1 FUHRMAN, JOSHUA 143.04 94.52 48.52 08/29/2001 48.52 - none 21.2980.2 FUNK,DEENA 166.25 80.83 85.42 07/17/2001 89.66 - *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Sep 18,2001 02:34pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 21.2038.1 GARCES, JAMES 81.78 41.67 40.11 08/01/2001 40.25 - none 31.2250.1 GARCIA, ANOTONIO 200.64 128.08 72.56 07/18/2001 206.46 - none 20.1284.2 GARDNER, VINCE 113.16 64.37 48.79 08/21/2001 60.00 - 21.3048.2 GARLICK, LEWIS 382.83 237.83 145.00 08/27/2001 150.42 - 74.3248.1 GARNER, KELLEY 79.27 40.25 39.02 08/21/2001 42.71 - none 33.2302.1 GARRARD, DALE 74.00 42.70 31.30 08/01/2001 27.61 - none 20.1726.1 GARRIGUS. SCOTT 193.21 102.92 90.29 07/24/2001 84.14 - none 32.1384.2 GATES,KEN 85.96 63.53 22.43 08/21/2001 30.00 - 22.1596.3 GIAUQUE, PAUL 163.40 89.86 73.54 08/15/2001 48.94 - 20.1826.1 GIBBS, LORIN 217.64 139.12 78.52 08/01/2001 77.29 - none 4.1332.2 GIBSON, RANDALL 79.60 43.04 36.56 08/17/2001 46.40 - 1.0940.5 GILBERT, CARL 163.04 108.87 54.17 08/10/2001 50.00 - 22.1294.1 GILLILAND, CAMERON 332.93 209.68 123.25 07/27/2001 1 04.80 ~ none 35.0283.1 GLENN JOHNSON 86.08 41.89 44.18 .01 08/03/2001 11.08 - 35.0301.1 GLENN JOHNSON 97.14 52.96 44.18 08/03/2001 38.99 - 35.0152.1 GLENN JOHNSON HOMES 28.04 28.04 08/03/2001 97.26 - 35.0254.1 GLENN JOHNSON HOMES 74.84 40.66 34.18 08/03/2001 52.50 - 64.0068.1 GLENN JOHNSON HOMES 74.84 40.66 34.18 08/03/2001 28.90 - 22.1652.2 GLORFIELD, VARONA 119.51 70.99 48.52 08/03/2001 57.13 - 4.2160.2 GLUMM, DENNIS 232.56 142.89 89.67 09/04/2001 87.17 - 32.1528.1 GOINS, RICHARD 115.52 115.52 01/18/2001 55.26 - none 3.0344.1 GOODNER, TIM AND MARYANN 166.64 76.53 54.06 36.05 08/23/2001 80.00 - none 42.2588.1 GORDON, THOMAS 117.68 50.23 67.45 08/20/2001 60.00 - none 21.2790.1 GORRINGE, BENNY 119.68 60.54 59.14 08/23/2001 45.45 - none 74.2574.2 GOSLIN, CRAIG 195.74 90.78 104.96 08/29/2001 79.55 - 1.2090.1 GOSSEN, KELLI 130.74 78.37 52.37 07/18/2001 62.60 - none 31.3374.1 GOULDING, PAULINE 115.87 59.25 56.62 08/20/2001 57.69 - none 50.3908.1 GRAHAM, JOHN & KATHLEEN 89.82 42.37 47.45 08/21/2001 27.61 - none 33.0101.1 GRAND AUTO 697.61 575.10 122.51 08/21/2001 278.64 - none 33.4276.1 GRANT, DARYLL & PENNY 80.27 43.99 36.28 07/17/2001 39.97 - none 32.1256.2 GRASS, JOYCE 110.76 64.98 40.05 5.73 08/01/2001 30.00 - 74.3954.2 GRAY, DAVID & NATALIE 108.95 55.09 53.86 09/04/2001 58.78 - 2.3250.2 GREEN, JAY 245.13 170.78 74.35 08/29/2001 50.89 - 50.2242.1 GREEN, JUDITH 57.49 28.76 28.73 07/13/2001 52.79 - none 4.1206.1 GREEN, KEVIN 58.36 37.70 20.66 07/25/2001 35.00 - none 32.1648.1 GREEN. ROBERT & JENNIFER 96.58 49.41 40.47 6.70 08/03/2001 35.00 - none 51.0518.3 GREGORY, STEVEN & KEITH CLJ 269.15 74.68 114.47 80.00 06/14/2001 110.21 - 31.0158.1 GRIFFIN, RICHARD & GAIL 98.30 56.93 39.38 1.99 08/20/2001 46.00 - none 20.0128.1 GRIMMETT, STEVEN & DIANNA 258.37 168.44 89.93 07/13/2001 94.85 - none 15.0055.2 GRIZZLE, BILL 99.72 56.79 42.93 07/27/2001 47.85 - 2.4290.1 GROSSO, SHADOW 71.70 35.32 36.38 08/24/2001 26.38 - none 3.0034.1 GROUND, KEVIN 93.13 51.65 41 .48 07/10/2001 84.19 - none 42.2138.2 HADLEY, STEPHANIE 158.16 74.16 84.00 07/23/2001 160.35 - 2.0406.2 HADLEY, TARA LYNN 230.10 151.50 78.60 07/25/2001 3.75 - 20.1478.2 HAKE, KAREN 332.86 231.09 1 01 .77 07/18/2001 128.19 - 4.1594.1 HALL, BRIAN 186.71 106.94 79.77 08/23/2001 50.00 - none 19.0360.1 HALL, JEFFREY 92.85 50.28 42.57 08/06/2001 43.80 - none 22.0924.1 HALL, KEVIN 250.06 144.18 105.72 .16 08/23/2001 86.04 - none 35.0296.2 HAMMON. GEORGE & SHARON 83.15 40.66 34.18 8.31 40.0234.1 HAMMOND, DONALD 178.79 45.22 53.50 42.43 37.64 06/05/2001 30.00 - none 31.3394.2 HANHARDT, ANDREW & CAMILLI 115.19 65.18 50.01 08/01/2001 5.54 - 74.3968.2 HANSON,BRENT 93.19 57.05 36.14 08/09/2001 31.22 - 22.1550.1 HARDY JR., CHARLES 119.51 83.29 36.22 07/16/2001 52.76 - none 4.0900.1 HARGROVE, DAVID 109.24 61.55 47.69 08/01/2001 97.84 - none 42.2356.1 HARP, GREGORY 239.06 121 .99 117.07 08/23/2001 87.55 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Sep 18,2001 02:34pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 2.2350.1 HARPER, DIANA 139.19 95.59 43.60 07/09/2001 59.72 - none 31.2264.2 HARTLEY, QUENTIN ROLAND 138.27 76.61 61.66 08/20/2001 51.70 - 2.5900.1 HARVEY, LISA M. 136.10 67.58 68.52 08/01/2001 44.00 - none 34.3234.2 HATCH,GARY 165.02 107.89 57.13 08/03/2001 48.52 - 21.1904.1 HATCHER, LAVONNE 77.81 46.45 31.36 08/21/2001 31.10 - none 69.1318.1 HAUN, CORY 210.60 108.99 101.61 08/01/2001 102.84 - none 31.3288.1 HAZELWORTH, MARY 69.24 32.86 36.38 07/13/2001 52.76 - none 46.0462.1 HAZLETT, RONALD 59.24 32.86 26.38 08/17/2001 26.38 - none 69.0694.2 HEATON, CHAD & HEATHER 131 .99 27.70 104.29 08/03/2001 62.76 - 2.5330.2 HEBERT, DAVID & BRENDA 156. 1 0 87.60 67.59 .91 08/20/2001 58.00 ~ 34.1702.1 HEDRICK, WENDY 238.82 182.92 55.90 07/11/2001 95.81 - none 21.1998.1 HENDERSON, PHIL 111.02 66.13 44.89 08/06/2001 33.90 - none 34.1542.1 HENRY, BRAD 74.28 42.84 31.44 08/24/2001 32.38 - none 32.0520.1 HERREID, DENNIS 172.18 51.76 56.52 63.90 06/19/2001 46.68 - none 1.3260.1 HERSEY, RICHARD 288.79 157.97 130.82 07/24/2001 123.44 - none 1.3300.1 HERSEY, RICHARD 596.54 452.68 143.86 07/24/2001 105.73 - none 3.0036.2 HESTER, CHRISTINE 142.72 77.06 65.66 08/24/2001 53.35 - 3.0094.2 HESTER, CHRISTINE A 136.94 76.00 60.91 .03 08/24/2001 59. 65 ~ 74.0384.1 HESTER, LL YOD & SHERRY 70.87 41.14 29.73 08/20/2001 50.00 - none 42.0468.1 HILL, DALE 123.15 60.96 62.19 08/08/2001 68.34 - none 34.1870.2 HILL, RONIE & CARLA 228.43 153.74 74.69 08/21/2001 85.76 - 21.0012.1 HINE, DONALD 142.82 83.21 59.51 .10 08/07/2001 64.33 - none 50.3710.1 HODOR, LARRY 143.39 69.85 73.54 08/01/2001 66.16 - none 21.2050.1 HOELZEL, CAROL 71.54 45.16 26.38 07/11/2001 26.38 - none 72.0192.1 HOELZLE, BURDETTE 121.97 64.84 57.13 07/27/2001 52.21 - none 1.0920.1 HOFFMAN, JON C 182.66 113.23 69.43 07/18/2001 96.00 - none 32.1456.1 HOLLINGSHEAD, BRETT 122.81 72.64 50.17 08/28/2001 50.17 - none 22.0346.1 HOLLINGSWORTH, TODD 146.58 82.68 63.90 07/11/2001 63.90 - none 33.4346.1 HOllOWAY, PAIGE 244.81 148.48 96.33 08/21/2001 120.00 - none 69.1294.2 HOLLOWELL, MALIA 158 .43 79.83 78.60 08/14/2001 85.98 - 2.0976.2 HOLMES, LAWRENCE 84.00 42.70 41.30 07/18/2001 65.22 - 20.1364.1 HOME BUILDERS 59.24 32.86 26.38 07/23/2001 26.38 - 22.2368.1 HOME BUILDERS 59.24 32.86 26.38 07/23/2001 26.38 - 19.7130.1 HOME BUILDERS INC 70.31 41.47 28.84 07/23/2001 28.84 - 74.3520.2 HOPPlE, ROBERT 52.76 26.38 26.38 07/17/2001 26.38 - 51.0470.1 HORTON, ROBERT 220.53 125.64 94.89 08/29/2001 59.35 - none 2.3000.1 HOUSTON, TONY & THERESA 121.30 77.42 43.88 08/07/2001 36.50 - none 1.0420.1 HOWARD. TREVIS 65.04 30.76 34.28 07/18/2001 59.79 - none 32.0666.2 HOWELL. CHRIS & APRil 225.06 108.47 116.59 08/29/2001 35.41 - 50.0226.1 HOWELL, JAMES 211.80 95.98 115.82 07/19/2001 210.57 - none 19.6554.2 HSU. TOMAS & GUADALUPE 74.28 40.38 33.90 07/09/2001 31.44 - 65.0708.1 HUDDLESTON, CODY 88.63 51.65 36.98 07/17/2001 85.00 - none 31.3072.1 HULSIZER, KEN 182.69 1 00.12 82.57 08/10/2001 59.20 - none 21.1960.1 HUMPHREYS, LARRY 169.39 111.92 57.47 07/24/2001 51.32 - none 31.3402.1 HUNT, HEATH 124.43 77.14 47.29 07/17/2001 74.90 - none 34.2100.1 HUNT, RADELL 180.50 105.71 74.79 08/20/2001 56.64 - none 34.0953.1 HUNTER POINTE 1,274.94 691 .74 583.20 08/01/2001 424.44 - none 3.0306.2 HUNTLEY, JASON 119.00 68.22 50.78 08/29/2001 25.00 - 20.2054.1 HUTH, FREDRICK C. 189.92 164.00 25.92 08/17/2001 120.00 - none 22.1278.1 HYDE, MATTHEW 225.13 128.72 96.41 08/21/2001 31.98 - none 21.0470.1 HYVONEN, CLARK 89.04 45.30 43.74 08/20/2001 44.97 ~ none 49.1148.1 IDAHO HEATING AND AIR 1,322.55 247.34 198.62 183.86 692.73 09/05/2001 300.00 - 49.0932.1 IDAHO PARKS & RECREATION 781.52 389.86 391.66 07/25/2001 269.10 - none 48.2840.1 IDA-TRAN 6,006.03 2,871.34 945.79 1 ,061 .1 0 1 ,127.80 07/25/2001 2,410.50 - none 48.2839.1 IDA-TRAN 1,189.08 769.50 419.58 07/25/2001 197.64 - none *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Sep 18,2001 02:34pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 3.4001.1 INTERSTATE BATTERY 315.90 197.64 110.16 8.10 05/30/2001 455.89 - 2.5820.1 JACKSON, ROBERT 66.21 41.28 24.93 08/27/2001 50.00 - none 65.3112.1 JACOBS, MARIE 66.45 27.61 38.84 08/01/2001 30.07 - none 50.4506.1 JACOBSON, BETTY B. 69.98 27.61 42.37 08/21/2001 30.07 - none 15.0019.1 JAMES A BENJAMIN 77.89 32.86 26.38 18.65 05/11/2001 12.96 - 33.0850.1 JAMES COURT 61.04 33.76 27.28 07/20/2001 27.28 - 31.0516.1 JARRETT, SHARON 88.76 55.00 33.76 08/20/2001 38.68 - none 32.1622.1 JENKINS, LELAND 87.02 42.98 44.04 08/01/2001 36.50 - none 21.2830.1 JESSEE, KEVIN 58.73 35.32 23.41 08/21/2001 40.00 - none 69.2284.1 JEWELL, RICHARD 127.79 60.82 66.97 07/24/2001 69.43 - none 34.0299.1 JOHN WARDLE 84 7.26 518.40 328.86 07/17/2001 152.28 - 51.3082.2 JOHNSON PROPERTY MANAGEr 57.96 28.98 28.98 07/24/2001 28.98 - 50.2224.1 JOHNSON, BRYCE 105.82 46.20 58.50 1.12 08/01/2001 49.89 - none 42.2482.1 JOHNSON, BRYON & MARYLEN 90.98 43.66 47.32 08/20/2001 48.58 w none 42.3060.1 JOHNSON, MATHEW 106.54 31.36 75.18 07/26/2001 82.72 - none 34.0390.2 JOHNSON, PETER 183.36 1 03.45 79.91 07/25/2001 106.05 - 20.1554.2 JOHNSTON, JAMES 312.57 201 .96 110.61 08/15/2001 82.32 - 34.0904.2 JONES, BOB 307.31 153.82 153.49 07/17/2001 34.18 - 51.4290.1 JONES, BRET 203.03 103.43 99.60 08/20/2001 99.60 - none 22.0330.1 JONES, ELDON & LORI 196.06 114.80 81.26 08/20/2001 66.50 - none 50.2354.1 JONES, LARA 105.76 53.74 52.02 08/29/2001 80.00 - none 74.2608.1 JONES, MELANIE 170.57 90.82 79.75 08/23/2001 106.81 - none 69.2270.1 JOSEPH,ROBERT 313.98 125.34 188.64 07/0212001 169.50 - none 20.0112.1 JUDY, JEAN 388.72 293.54 95.18 08/17/2001 121.01 - none 20.1932.1 JUSTICE, PAT 281.92 158.88 123.04 08/07/2001 90.90 w none 4.0530.3 KALEY, JERRY 73.84 43.85 29.99 08/06/2001 31.22 - 3.0110.1 KANE, KRISTOPHER & DARALlE 73.84 37.70 28.76 7.38 08/23/2001 28.76 - none 3.0310.1 KAYLER, AMANDA 489.46 1 06.80 382.66 09/04/2001 35.00 - none 21.0028.1 KEENEY, DOLAN 199.11 110.21 88.81 .09 08/29/2001 96.10 - none 2.5080.2 KEENEY, DOLAN 152.38 79.80 57.33 15.25 08/02/2001 30.00 - 34.3190.1 KELLEY, SCOTT 71.57 39.07 32.50 08/21/2001 39.00 - none 21.2602.2 KEMNITZ, HEINO 269.02 174.65 94.37 08/21/2001 79.61 - 2.1130.2 KENT, VL 83.20 42.76 31.36 9.08 05/14/2001 32.59 - 42.1176.1 KHAMPHAY,VANASOUK 69.98 29.99 39.99 07/16/2001 32.45 - none 74.0106.2 KIEBERT, JEFFREY 198.48 62.47 73.54 62.47 06/11/2001 9.92- 21.3298.3 KIESECKER, DARRIN 228.43 153.74 74.69 07/24/2001 25.86 - 42.2530.1 KILER, KELLY & TAMMY 136.85 60.43 76.42 08/21/2001 61.48 - none 4.1614.1 KINCAID, LAURA 354.94 160.53 142.98 51.43 08/30/2001 100.00 - none 50.0594.1 KINDALL, AARON & MISTIE 91.73 44.02 47.71 08/24/2001 45.25 - 22.1592.1 KING, LARRY 109.79 68.59 41.20 07/17/2001 39.97 - none 33.4348.1 KINGSTON, CHARLES 254.42 158.74 95.68 07/17/2001 85.84 - none 3.0024.1 KINNEY, KIMIKO 123.94 56.99 66.95 08/29/2001 41.00 - none 51.0466.1 KLINE, BEVERL Y 121.94 26.38 40.07 26.38 29.11 07/18/2001 30.00 - none 74.0342.3 KNOWL TON, KIMBERL Y 209.84 142.65 67.19 07/18/2001 74.07 - 21.0462.2 KORBER, GERALD 115.41 71.83 43.58 09/12/2001 120.35 - 21.2106.4 KOUBA, WARREN 101.92 52.96 34.18 14.78 4.2262.1 KREEGAR, KRISTOPHER 169.72 104.26 65.46 07/25/2001 70.72 - none 19.6642.1 KRENZ,ROY 87.81 42.76 45.05 08/28/2001 31.36 - none 72.0174.2 KUGEL, LISA 91.09 61.57 29.52 09/11/2001 55.09 - 50.4642.3 KUGEL, LISA 225.71 62.4 7 78.46 67.39 17.39 09/17/2001 50.00 - 4.1234.1 KVALE, TROY 103.88 60.32 43.56 08/03/2001 55.00 - none 31.0628.1 KYSAR, ANITA 156.58 85.22 71.36 08/14/2001 59.06 - none 69.0532.1 LAFEVER FAMILY TRUST 387.90 115.36 176.86 95.68 07/26/2001 53.86 - none 50.1782.1 LAFEVER, RONALD 181.87 90.32 91.55 08/21/2001 94.01 - none 19.0010.1 LAFLAN, RANDY 224.07 145.41 78.66 07/13/2001 126.57 - none *** in Msg column indicates no Notice is to be sent -- ( CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Sep 18,2001 02:34pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 40.0410.1 LAKATOS, PATRICIA 79.76 43.12 36.64 08/28/2001 40.33 - none 3.0654.1 LAMBERT, KENNETH 93.41 51.79 41.62 07/17/2001 44.08 - none 2.6030.3 LAMBERT, MARK 72.77 36.55 36.22 07/13/2001 56.45 - 46.0514.1 LANGE, CHARLES 96.98 60.42 36.56 08/29/2001 36.56 - none 33.2770.1 LANORE, TAMRA 85.22 56.39 28.83 08/29/2001 35.00 - none 1.0890.1 LANTZ, STAN 79.56 58.99 20.57 08/29/2001 58.00 - none 35.0089.2 LAPETINA, ANTONIO 85.62 32.86 26.38 26.38 06/19/2001 27.61 - 34.0784.1 LARA, RAFAEL 267.76 178.42 89.34 08/15/2001 100.00 - none 74.2440.2 LARAWAY, LAWRENCE 137.08 63.62 73.46 07/18/2001 30.17 - 50.0600.2 LAYTON, JONATHON & FELlCITJ 77.36 36.22 41.14 07/17/2001 43.60 - 46.0816.1 LEATHAM, JARED 78.63 45.44 33.19 08/20/2001 40.00 - none 35.5007.3 LEAVITT, VALK 74.84 40.66 34.18 07/27/2001 34.18 - 50.3818.1 LEE, JEROD 72.90 35.13 37.77 08/13/2001 40.00 - none 32.1152.2 LEIPER, STEVEN & LOREE 100.21 37.61 31.30 31.30 06/19/2001 27.61 - 31.3354.1 LEONARDSON, ELIZABETH 82.65 46.39 36.26 07/20/2001 50.00 - none 34.2852.1 LEVELL, SUZANNE 251.34 159.55 91.79 08/15/2001 100.00 - none 31.3382.1 LEVITT, MONTE 99.95 47.68 52.27 08/24/2001 64.57 - none 34.1754.1 LIEBERMAN, DAVID 273.70 158.46 115.24 08/08/2001 85.56 - none 13.2064.2 LIGGINS, ARTHUR & JOANNA 107.89 65.18 42.71 07/23/2001 41 .48 - 51.3234.1 LIKINS, GREGORY 56.45 26.38 30.07 07/23/2001 35.29 - none 22.0846.2 LINDSEY, HERBERT 189.48 169.48 20.00 08/27/2001 87.65 - 42.2520.1 LOCKYER, JEFFERY 111.11 46.68 64.43 08/15/2001 50.00 - none 4.1562.2 LONGSTREET, GARRET 215.73 109.26 106.47 07/18/2001 113.61- 34.0814.1 LONGWORTH, ERIC 183.35 157.51 25.84 08/23/2001 60.00 - none 33.4282.1 LORD, ALICE 59.24 32.86 26.38 07/13/2001 26.38 - none 2.4270.1 LORD, LARRY R. 111 .06 73.61 37.45 08/29/2001 27.61 - none 21.0474.1 LOUIE, NANCY 232.67 165.62 67.05 07/18/2001 103.19 - none 21.3134.1 LOVE. JAMES & ELIZABETH 231 .33 136.74 94.59 08/21/2001 69.99 - none 2.0464.1 LOVE, JEANETTE & JOHN 191.97 130.59 61.38 07/18/2001 110.46 - none 20.0132.1 LOVELAND, SHAWNA 285.89 197.31 88.58 08/30/2001 95.96 - 22.0324.2 LOWE, LOWELL 246.92 146.92 94.93 5.07 08/28/2001 47.89 - 3.0302.1 LOZA,RAFAEL 95.98 45.08 50.90 08/01/2001 50.90 - none 21.2636.1 LUCERO, ROBERT & TRACY 218.03 125.17 92.86 07/16/2001 73.18 - none 14.5035.2 LUCHI, ALlSA 78.53 43.12 35.41 08/06/2001 35.41 - 32.1320.1 LUKE, SHELLlE M. 77.69 46.39 31.30 07/13/2001 57.68 - none 2.4790.2 LUTZ, SHAUN & AMBER 137.96 86.90 51.06 06/20/2001 91.20 - 50.0140.1 LYNN, DEE R 143.39 1 01 .83 41.56 07/09/2001 40.33 - none 22.0790.1 MACK, ROBERT 179.92 125.25 54.67 08/20/2001 48.66 - none 74.3504.1 MADDOX, DALLAS 376.19 244.06 132.13 07/18/2001 172.38 - 2.4480.1 MADRID, JOSEPH F 175.02 88.21 86.81 07/18/2001 67.52 - none 1.3350.1 MADSEN, LOU 72.10 40.52 31.58 08/06/2001 32.81 - none 35.1004.2 MAHALlSKO, MIKE 79.60 43.04 36.56 08/01/2001 36.56 - 2.5170.2 MANIER, DAVID & HELEN 105.58 72.80 32.78 08/29/2001 50.00 - 35.1022.2 MANNLEIN, DAVID & CAROL 61.21 35.32 25.89 07/13/2001 52.00 - 51.0486.1 MARCH, RICHARD 144.62 84.61 60.01 07/27/2001 52.63 - none 42.1254.1 MARINO, JERALD 74.07 36.42 37.65 07/12/2001 72.84 - none 34.1472.1 MARKHAM,RON 88.88 55.06 33.82 08/23/2001 33.82 - none 33.1850.1 MARSHALL, GARY & BOBETTE 92.76 51.65 41.11 08/21/2001 40.00 - none 2.2520.3 MARTIN, CRAIG 131.75 87.56 44.19 08/30/2001 60.00 - 42.1950.1 MARTIN, DANIEL K. 150.05 60.88 89.17 08/21/2001 64.57 - none 42.1206.1 MARTIN, LOREN 57.52 28.76 28.76 08/03/2001 28.76 - none 46.0174.1 MARTIN, MAYNARD 126.50 63.95 62.55 07/18/2001 92.80 - none 33.4164.1 MARTIN, PAUL 67.30 39.01 28.29 07/17/2001 57.00 - none 21.0998.1 MARTIN, ROBERT & SHARON 131.18 101 .66 29.52 08/03/2001 80.89 - none 3.0328.1 MARTINEZ, ZENON & AMELIA 62.86 42.76 20.10 08/10/2001 50.00 - none *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Sep 18,2001 02:35pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 34.1244.1 MATHESON, DAVID 75.79 41.75 34.04 07/17/2001 35.27 - none 4.1626.1 MAXEY, SHANE & MICHELLE 114.08 93.33 20.75 08/21/2001 79.00 - none 69.2258.3 MCCANDLESS, DOUG 277.39 1 01 .49 106.25 44.75 24.90 07/27/2001 40.00 - 74.2826.2 MCCASHLAND, DAVID 133.50 59.93 73.57 08/01/2001 60.00 - 42.0440.4 MCCLOUD,RUTH 163.67 98.30 64.93 .44 08/30/2001 125.00 - 74.3208.1 MCCULLOUGH, JIM 79.66 37.37 42.29 08/20/2001 44.75 - none 31.3474.1 MCDONALD, SHAWN 76.74 44.07 32.67 08/07/2001 30.13 - none 3.0314.2 MCDOUGAL, MIKE 117.17 69.82 47.35 08/27/2001 49.31 - 2.2070.1 MCFADDEN, ARTHUR L. 128.96 67.72 61.24 07/27/2001 94.45 - none 1.0090.2 MCFADDEN, CLEORA 84.10 61.07 23.03 09/10/2001 50.00 - 2.3660.1 MCFADDEN, LEONARD 108.70 47.85 33.99 26.86 08/27/2001 30.00 - none 74.2566.1 MCFARLAND, SCOTT & NATALIE 203.50 86.99 96.83 19.68 08/06/2001 64.85 - none 69.0714.1 MCGOURTY, MARY 204.91 124.73 80.18 08/21/2001 125.00 - none 31.3242.1 MCGOWAN, DAVID E. 177.60 11 0.49 67.11 08/15/2001 69.57 - none 5.0446.1 MCGRATH, MICHAEL 275.64 226.53 49.11 08/01/2001 157.20 - none 50.2192.1 MCGREGOR, JASON 62.76 26.38 36.38 07/16/2001 27.61 - none 3.0504.4 MCKINLEY, JUNE 146.85 89.58 57.27 08/20/2001 52.35 - 50.3928.1 MCMONIGLE, DENA 65.06 37.45 27.61 08/03/2001 26.38 - none 50.2444.1 MCNITT, STEVE & TRACY 56.91 28.76 28.15 07/17/2001 56.00 - none 5.0784.1 MCPEAK, MIKE & MARIE 142.49 75.02 67.47 07/23/2001 101.41 - none 20.1698.1 MEACHAM, MICHAEL L. 186.37 115.57 70.80 08/29/2001 84.20 - none 2.5590.1 MEDENA, RAYMOND 120.58 72.14 48.44 07/24/2001 41.05 - none 1.2730.1 MELLEN, ANGELA 151.53 107.38 44.15 08/29/2001 50.00 - none 21.2754.1 MEl TON, GARY 211.21 122.99 88.22 07/17/2001 108.68 - none 2.0010.1 MERIDIAN SCHOOL DISTRICT 829.33 651.83 177.50 08/10/2001 542.65 - none 52.1090.1 MERIDIAN SPEEDWAY 4,088.95 1,154.96 1,047.00 1,122.30 764.69 09/13/2001 1,154.96 - none 51.3780.1 MERRITT, JUDY 61.30 33.76 27.54 08/17/2001 50.00 - none 2.2030.1 MEYER, VIRGINIA 59.84 33.09 26.75 08/06/2001 36.00 - none 50.3848.1 MEYERS, DAN 75.63 41.34 34.29 08/20/2001 40.00 - none 31.0886.4 MEYERS, DEBORAH 150.03 83.63 49.78 16.62 33.7616.1 MICHAELSON, BRADLEY 183.13 107.72 75.41 08/29/2001 35.41 - none 46.4484.1 MICRON TECHNOLOGY 744.49 403.57 340.92 07/16/2001 325.60 - none 46.4483.1 MICRON TECHNOLOGY 745.20 487.62 257.58 07/16/2001 115.02 - none 42.2084.1 MIDDLETON, J.R. 240.45 104.77 135.68 07/18/2001 173.87 - none 50.3860.1 MilLER. CONI 52.76 26.38 26.38 07/17/2001 26.38 - none 42.2118.1 MilLER, JIM & SANDI 153.63 73.74 79.89 08/07/2001 63.90 - none 3.0102.1 MillER, KENT & JENNIFER 93.80 46.45 47.35 07/13/2001 .02 - none 34.1964.2 MILLER, RICKEY 129.91 68.81 61.10 08/20/2001 64.79 - 34.2044.1 MILLER, WILLIAM G. 153.28 97.10 56.18 07/27/2001 99.23 - none 74.2472.2 MillS, NICOLE 175.94 112.48 63.46 08/09/2001 100.00 - 46.0406.1 MilLS, TIMOTHY 93.01 51.59 41.42 08/08/2001 36.50 - none 32.1108.2 MILNER, BRIAN 160.26 93.13 67.13 08/09/2001 58.36 - 42.3972.1 MINEGAR, PATRICK 69.98 30.07 39.91 08/08/2001 26.38 - none 22.1152.1 MINSEW, CASEY 177.16 110.27 66.89 07/24/2001 64.43 - none 2.5040.1 MITCHELL, BARRY D 211.37 121.76 89.61 08/08/2001 64.85 - none 20.1558.1 MOE, DAVID 152.17 92.24 59.93 07/24/2001 53.78 - none 34.0580.1 MOFFAT, ROBERT 61.70 35.32 26.38 07/25/2001 26.38 - none 32.1732.2 MOIR, MICHAEL 183.75 114.18 69.57 07/18/2001 63.42 - 20.1652.2 MOLEBASH. JOHN & MONICA 183.70 115.83 67.87 09/14/2001 90.56 - 3.0874.1 MONTGOMERY, PAT 107.33 63.67 43.66 07/17/2001 75.02 - none 42.1854.1 MONTGOMERY, ROBERT & RACI 159.19 75.50 83.69 07/23/2001 10.00 - none 46.0222.1 MOORE, KEVIN & LISA 133.86 62.80 71.06 07/11/2001 120.00 - none 42.1990.2 MOORE, LARRY 207.85 89.70 118.15 08/28/2001 105.69 - 32.0816.1 MOORE, RICK T. 223.23 140.07 83.16 08/07/2001 73.40 - none 4.1634.1 MOORE, RUSSELL C 137.88 110.35 27.53 02115/2001 300.00 - none *** in Msg column indicates no Notice is to be sent { CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Sep 18,2001 02:35pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 14.4430.2 MOORE, SCOTT & CHRISTY 71.66 39.07 32.59 08/20/2001 36.28 - 32.0806.2 MORGAN, CHARLES 248.59 158.90 89.69 08/29/2001 73.54 - 2.1290.3 MORGAN, DANIEL 69.90 18.09 34.18 17.63 2.5630.1 MORRISON, DWAYNE 252.02 140.32 111 .70 08/20/2001 80.95 - none 50.0746.3 MORRISON, MICHAEL 61.57 26.16 33.76 1.65 09/04/2001 20.00 - 32.0654.1 MORRISON, MICHAEL & BENICIA 247.72 151.11 96.61 08/21/2001 100.00 - none 74.2666.1 MOSER, CAROLYN 176.61 90.15 86.46 08/17/2001 99.90 - none 34.0500.1 MOURITSEN, LAYNE 219.83 175.96 43.87 08/29/2001 109.21 - none 33.3716.2 MOYE, TIMOTHY 86.19 49.41 36.78 08/01/2001 42.93 - 21.3126.2 MULLARKEY, PATRICK 270.53 136.66 133.87 07/13/2001 124.03 - 34.1686.1 MURPHY, JACK 135.03 98.19 36.84 08/0212001 100.00 - none 51.0482.1 MURRAY, SONDRA MURRAY 180.96 84.33 96.63 08/20/2001 73.15 - none 50.0262.1 MURRI, SCOTT 74.00 40.05 33.95 08/23/2001 50.00 - none 74.2720.1 MYERS, SHIRLEY 74.90 32.45 42.45 07/18/2001 62.44 - none 52.0841.1 NAMPA MERIDIAN IRRIGATION 839.1 6 374.22 464.94 3.0808.1 NASADOS, JAMES 106.94 60.40 46.54 08/17/2001 46.54 ~ none 69.2302.1 NEAL, KEVIN & MICHELLE 68.87 32.59 36.28 08/15/2001 39.97 - none 65.0450.1 NELSON, MARILYN 66.90 36.69 30.21 06/18/2001 61.65 - none 51.4110.3 NESMITH, STEVE 96.65 53.86 42.79 07/13/2001 30.48 - 50.1228.1 NGUYEN, HUONG 60.14 32.53 27.61 07/17/2001 32.53 - none 31.0880.1 NICK, DENNIS 206.73 128.13 78.60 07/16/2001 71.22 - none 19.7344.2 NIELSEN, ROBERT 129.50 72.44 57.06 08/30/2001 39.00 - 31.0726.1 NITZ, JASON 137.17 72.36 64.81 07/27/2001 124.40 - none 21.0498.1 NOLAND, SHAWN 87.53 48.85 38.68 08/22/2001 32.53 - none 50.1460.1 NORTHVIEW BUSINESS CENTEF 775.62 374.98 400.30 .34 07/25/2001 2,079.13 - none 51.0936.2 NUTTAL, KYE & SUZANNA 91.58 36.56 36.56 18.46 2.5370.1 ODOM, SHERRY 1 22.58 65.68 56.90 08/10/2001 51.82 - none 42.3126.1 OGDEN, NATHAN 59.98 28.76 31.22 07/13/2001 28.76 - none 20. 1396.1 OGLESBEE, DAVID & MARITA 160.94 92.32 68.62 08/23/2001 60.01 - none 72.0258.1 OLDS, ANGELA 119.57 38.06 81.51 06/20/2001 110.00 - none 74.1475.1 OLMSTEAD,GERALD 76.14 34.02 42.12 07/16/2001 59.94 - 32.4902.1 O'NEILL HOME 109.02 40.66 34.18 34.18 05/17/2001 6.48 - 32.4900.1 O'NEILL HOMES 109.02 40.66 34.18 34.18 05/17/2001 6.48 - 20.2020.2 OPAL BLUME TRUST 343.82 228.04 115.78 08/21/2001 25.78 - 34.2134.4 OPAL BLUME TRUST 140.76 67.72 73.04 08/07/2001 24.50 - 34.2830.1 ORR, JOYCE 226.88 101.71 67.11 53.58 4.48 06/19/2001 24.50 - none 50.1918.1 OSTERHOUT, JUSTIN 81.48 39.16 42.32 08/20/2001 41.00 - none 31.3514.1 OSTLUND, BARBARA 60.93 35.55 25.38 06/14/2001 50.76 - none 3.0370.1 O'TOOLE, SHARON 187.73 107.56 80.17 08/06/2001 88.78 - none 51.3430.1 OVERTON, DAVID C 86.41 42.37 44.04 07/24/2001 45.00 - none 42.2254.1 OVERY, EDWINA 113.03 54.67 58.36 07/16/2001 87.20 - none 13.2094.2 OVERY, ROBBY 256.1 6 40.52 34.04 37.73 143.87 08/23/2001 54.04 - 50.3898.1 OWEN, KEVIN 82.76 36.64 46.12 08/27/2001 50.00 - none 22.0454.1 P. JANSSON, JANIE 144.40 82.82 61.58 08/23/2001 58.24 - none 2.1280.1 PACK, TRACY 164.53 109.49 55.04 07/12/2001 48.77 - none 34.1676.1 PADACA, VERNON 190.85 109.12 81.73 07/20/2001 73.12 - none 65.3148.1 PAFFUMI, ANGIE 71.94 36.42 35.52 07/10/2001 20.00 - none 32.0638.2 PALMER, PAT 133.95 70.32 63.63 07/25/2001 56.00 - 31.3280.1 PALMER, PAT 201.73 105.21 82.74 13.78 08/27/2001 130.00 - none 42.2376.1 PALMER, ROBERT 153.23 78.46 74.77 08/23/2001 73.54 - none 34.1230.1 PARENT,BEAU 77.02 44.21 32.81 08/28/2001 36.50 - none 33.2576.2 PARKER, ERIK 66.62 39.01 27.61 07/13/2001 28.84 - 2.2490.2 PATTERSON, DEENA L 36.38 36.38 05/17/2001 52.76 - 51.0318.3 PAULEN,BEN 62.83 27.61 35.22 08/20/2001 20.00 - 4.0522.1 PEACOCK, ROBERT 68.92 37.70 31.22 08/10/2001 28.76 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List~ council Page: 12 Standard Payment Customers Sep 18,2001 02:35pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 69.0214.1 PERRY, DAN & LORI 118.56 49.36 69.20 08/30/2001 61.66 - none 1.1200.2 PERSIMMON RENTALS 174.07 119.38 54.69 08/15/2001 40.00 - 21.3160.1 PETERSEN, DOUGLAS & JENNIF 236.92 151.30 85.62 08/29/2001 69.63 - none 4.0928.2 PETERSEN, TINA 80.99 46.81 34.18 07/11/2001 15.69 - 22.1430.2 PETERSON, ERIC 213.28 129.56 83.72 08/01/2001 78.80 - 21 .1728.1 PETERSON, JANET L. 79.04 43.99 35.05 07/25/2001 35.05 - none 15.0024.2 PETTIER, SEAN 220.89 45.64 49.16 39.16 86.93 05/01/2001 40.25 - 2.3732.3 PHAM, KIMAN 105.15 60.20 44.95 07/11/2001 56.50 - 42.3006.1 PHILLIPS, DANA 72.28 34.91 37.37 08/21/2001 27.36 - none 42.1842.1 PHILLIPS, JAMES 78.19 33.76 44.43 08/24/2001 14.00 - none 42.1136.3 PHILLIPS, ROBERT 177.80 130.09 47.71 21.0174.1 PIERCE, EDWIN 99.56 55.48 44.08 07/17/2001 44.08 - none 42.3002.1 PIETE, WILLIAM 85.70 44.08 41.62 08/07/2001 41.62 - none 42.1160.1 PIETRZAK, JOHN 86.81 39.02 47.79 07/18/2001 78.04 - none 34.2832.1 PINE STREET DEVELOPMENT 200.85 115.27 85.58 08/03/2001 77.27 - none 1 .0316.1 PIPCO LLC 332.64 81.96 63.02 53.02 134.64 08/01/2001 106.04 - 2.1870.1 PIPER, LARRY 81.38 43.93 37.45 08/10/2001 36.22 - none 32.1590.1 PISCHEL, DEBORAH 99.72 58.02 41.70 08/01/2001 42.93 - none 32.0900.1 PITMAN, DOUGLAS 133.49 73.06 60.43 07/24/2001 72.73 - none 19.6644.1 PLACE, WILLIAM 75.23 46.4 7 28.76 08/29/2001 57.52 - none 34.0832.2 PLETCHER, MICHAEL 190.62 114.46 76.16 08/17/2001 61.24 - 2.3340.1 POE, RICHARD 210.05 164.75 45.30 08/21/2001 75.00 - none 3.0852.1 POFFENBERGER, EUGENE & EL 87.37 50.00 37.37 07/16/2001 73.67 - none 21.2604.1 PORTER, RODNEY 270.13 153.60 116.53 07/20/2001 67.17 - none 3.0116.1 PORTER, TAD 87.65 50.14 37.51 06/18/2001 75.02 - none 50.2402.1 POWELL, RANDY 107.33 53.05 54.28 09/03/2001 50.59 - none 51.0854.3 POYSER,MORGAN 82.84 40.33 42.51 07/09/2001 45.53 - 31.1010.1 PRADO, RIGOBERTO 92.85 52.74 40.11 07/13/2001 38.88 - none 21.2990.4 PRICE, HUBERT 260.08 175.74 84.34 07/20/2001 118.51 - 33.0302.2 PRICE, RUTH 65.39 39.01 26.38 07/10/2001 27.61 - 31.0060.2 PRINCE, JACOB 227.15 161 .45 65.70 08/24/2001 100.00 - 21.1828.2 PRINTZ, DENIA 11 2. 13 66.15 45.98 08/29/2001 41.06 - 4.2248.2 PUCKETT, RUSSELL 268.02 158.94 109.08 08/10/2001 85.00 - 34.1172.1 QUARNBERG, CARL & DOROTH) 196.25 121 .03 75.22 08/23/2001 85.00 - none 22.2150.2 QUINN, SPENCER & VICKI 109.12 60.26 48.86 08/10/2001 45.17 - 52.1006.1 RAFANELLI & NAHAS 169.40 87.96 81.44 08/29/2001 86.73 - none 52.1002.1 RAFANELLI & NAHAS 1,001.65 392.64 545.99 63.02 08/29/2001 545.99 - none 7.2000.2 RALPHS,PAUL 241.25 168.50 72.75 08/20/2001 100.00 - 2.5670.1 RANSOM, JAMES R. 114.73 63.08 51.65 08/24/2001 50.00 - none 5.0194.1 RATZBURG,CHARLES 175.54 111.92 63.62 08/10/2001 83.30 - none 2.2580.1 REED, DEBORAH 207.00 121.42 85.58 07/18/2001 92.19 - none 50.2390.2 REED, LORETTA 214.39 91.74 122.65 08/21/2001 81 .90 - 20.1394.2 REZENDES, TROY 144.78 78.32 66.46 07/16/2001 126.62 - 33.4578.1 RHINEHART, DOUG & MARY 208.88 116.78 90.78 1.32 08/14/2001 90.00 - none 4.2320.1 RICHARDSON, ROD 237.52 176.02 61.50 08/21/2001 125.06 - none 34.1694.2 RIDGEWAY, STEPHAN 221.37 136.60 84.77 08/24/2001 61.41 - 4.2038.1 RIESKE, LARRY 153.79 90.59 63.20 07/27/2001 39.83 - none 42.1844.1 RIVERA, REGENA 114.01 57.49 56.52 08/29/2001 50.00 - none 21.0584.2 RIVERA, RICHARD & DENISE 187.70 108.15 79.55 07/20/2001 120.00 - 2.0050.2 ROBBINS, ELLEN 130.81 77.63 53.18 07/16/2001 87.96 - 50.0256.2 ROBBINS, ELLEN 134.78 53.86 80.92 07/16/2001 59.96 - 74.3210.1 ROBINSON, LONNIE 59.98 28.76 31.22 07/16/2001 69.82 - none 50.0158.1 RON SMITH CONSTRUCTION 54.28 26.38 27.90 07/26/2001 60.00 - 21.2006.1 ROSE, MARK & TAMARA 80.42 45.58 34.84 08/20/2001 50.00 - none 46.5020.1 ROSS DRESS FOR LESS 222.86 94.54 128.32 08/22/2001 3,268.88 - *"'* in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Sep 18,2001 02:35pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 69.0468.2 ROWE, SHAUN 99.55 69.63 29.92 08/28/2001 67.17 - 35.0058.2 ROWETT, BOB & DANA 78.92 37.70 41.22 07/18/2001 67.36 - 1.2911.1 RUSSELL CORPORATION 3,520.26 3,346.92 173.34 none 4.2110.2 RUSSELL, ROGER 81.99 10.00 49.75 22.24 08/07/2001 45.15 - 50.0090.1 SABA, VIRGINA 135.73 69.71 66.02 08/28/2001 52.49 - none 19.7156.1 SALAZAR, DANIEL 92.10 50.52 41.58 08/30/2001 31 .58 - 32.0460.1 SALAZAR. J AMADOR 190.18 113.09 77.09 07/16/2001 66.02 - none 51 . 1129. 1 SANTEE CONSTRUCTION 396.64 124.74 108.54 72.90 90.46 04/20/2001 364.88 - 34.1078.2 SAVELBERG, DOYLE 112.34 58.18 54.16 08/29/2001 52.77 - 22.1068.2 SAXTON, SHELLY D 239.66 161.12 78.54 08/03/2001 58.70 - 22.1386.1 SCHAEFFER, MICHAEL 246.83 170.96 75.87 08/07/2001 60.00 - none 65.0872.2 SCHILD, LESLIE 137.96 85.75 52.21 08/20/2001 54.67 ~ 74.0382.2 SCHILDHAUER, YOULANDA 115.18 48.86 66.32 08/17/2001 51 .40 - 2.2270.4 SCHIMPF, FRED 116.82 60,50 56.32 08/29/2001 34.18 - 34.2122.1 SCHMIDT, GLEN 254.79 156.56 98.23 08/21/2001 100.00 - none 19.7182.1 SCHNUR, CRAIG 137.50 66.66 70.84 09/12/2001 10.17 - none 3.0042.1 SCHWEND, LUVMINDA 79.03 51.89 27.14 09/03/2001 60.00 - none 5.0414.3 SCOTT, EDWIN & KATHY 200.97 140.01 60.96 08/07/2001 58.50 - 69.2262.1 SEDILLO, JOE 523.16 319.77 203.39 08/21/2001 143.12 - none 34.1874.1 SEEL Y, RANDALL C. 154.23 98.19 56.04 08/01/2001 58.50 - none 32.1578.1 SELDIN JR, STEVEN 76.90 37.92 38.98 08/20/2001 31.44 - none 2.6440.1 SHAODICK, FREDRICK J 142.49 81.25 61.24 08/08/2001 53.86 - none 42.2278.1 SHAFFER. CINDY 158.24 74.83 83.41 08/20/2001 50.00 - none 2.4240.1 SHAFFER, DAVID L. 125.27 60.34 64.93 07/13/2001 88.04 - none 51.3108.1 SHARIAT PANAHI, ARASH 56.52 23.26 33.26 07/18/2001 46.52 - none 34.1022.1 SHAW, DANIEL 301.44 197.01 104.43 07/17/2001 105.66 - none 20.191 0.1 SHEA, JOE & SUZANNE 133.85 74.88 58.97 08/21/2001 52.00 - none 74.0322.2 SHELDON, PAM 65.23 37.59 27.64 09/04/2001 30.00 - 2.2180.1 SHEPARD, DUWAIN 122.26 71.75 50.51 08/22/2001 56.66 - none 74.3960.1 SHERARD, BILL 121.50 63.76 57.74 08/22/2001 75.00 - none 50.0294.1 SHOEMAKER, JAMISON 243.65 118.75 124.90 07/24/2001 119.98 - none 21.1832.1 SHOEMAKER, PHILLIP 158.71 105.35 53.36 08/02/2001 47.21 - none 64.3038.2 SHULTZ, JIMMY 93.80 50.14 43.66 07/17/2001 37.51 - 21.0208.1 SILSBY. TERRY 134.54 89.80 44.74 08/30/2001 65.00 - none 2.2500.1 SILVA, JOSEPH 247.26 146.61 100.65 08/27/2001 92.00 - none 1.0440.2 SIMMONS, DANA 55.04 30.76 24.28 07/11/2001 48.56 - 21.2836.2 SINGLETON, RODNEY 73.55 48.83 24.72 07/18/2001 100.00 - 34.0436.2 SKEL TON, RANDY 185.54 16.18 101.00 34.18 34.18 2.1200.1 SMART. B & K STEWART 193.46 107.36 86.10 08/20/2001 64.00 - none 74.1 050.1 SMITH, CARSON 82.84 40.19 42.65 08/13/2001 37.73 - none 35.0469.2 SMITH, GREGORY 91.94 47.90 44.04 08/01/2001 41.42 - 2.6120.1 SMITH. HARLEY F. 101.80 68.90 32.90 08/17/2001 68.57 - none 65.0622.2 SMITH. JODY 99.56 55.48 44.08 08/01/2001 45.31 - 74.3176.2 SMITH, LANCE & TAMARA 257.47 143.32 65.15 49.00 07/18/2001 66.94 - 72.0278.1 SMITH, LAURI 84.12 39.07 45.05 07/23/2001 66.41 - none 50.0012.1 SMITH, PAUL H. 85.66 41.28 44.38 08/20/2001 50.00 - none 21.2168.2 SMITH. RORY 141.71 72.17 69.54 07/18/2001 136.46 - 51.3090.3 SOLTAU, CYRIL 46.52 23.26 23.26 08/24/2001 23.26 - 32.1576.1 SON, SHELLlE 65.46 37.78 27.68 08/23/2001 30.00 - none 33.2646.1 SONDERMAN, MARTIN 85.66 58.97 26.69 08/21/2001 30.00 - none 32.1078.1 SORELLE, MAURICE & NELLIE 161 .49 100.51 60.98 07/18/2001 95.81 - none 2.5790.1 SOULE, LINDA 167.07 100.51 66.56 08/07/2001 60.00 - none 21.3164.1 SOWER, MICHAEL 153.52 128.86 24.66 09/17/2001 85.00 - none 22.2342.2 SPANHAUER, TODD & LISA 85.07 50.08 34.99 07/17/2001 66.29 - 1.1462.1 SPECIALTY HOMES 220.45 142.70 77.75 07/12/2001 25.78 - "''''''' in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 14 Standard Payment Customers Sep 18,2001 02:36pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 31.0874.1 SPELLMAN. EDWARD E. 144.95 83.71 61.24 08/20/2001 56.32 - none 69.1190.1 SPENCER, DARRELL 245.32 136.11 109.21 07/18/2001 182.43 - none 74.2562.2 SPENCER, JAMES 144.46 71.00 73.46 07/23/2001 56.24 - 50.1254.1 SPENCER, ROBERT & CAROLL 62.76 26.38 36.38 07/18/2001 79.14 - none 22.2070.2 SPOONER,ROBERT 95.47 51.59 43.88 07/17/2001 37.73- 20.2999.1 SPRINKLER - BRENDA ESTATES 143.12 6.48 34.30 30.78 71.56 56.0004.1 ST. LUKES REGIONAL MEDICAL 7,340.92 1,828.12 1,504.51 4,008.29 08/27/2001 1,504.51 - none 34.3316.1 STADLER. STEPHEN & HEATHEF 164.53 109.12 55.41 08/21/2001 75.00 - none 40.0162.1 STASTNY,MARK 78.11 44.07 33.90 .14 08/15/2001 33.90 - none 22.1048.1 STEINER, THURSTON 254.15 160.45 93.70 07/16/2001 245.27 - none 2.5490.1 STEVENS. JEFF 314.05 191.18 122.87 08/06/2001 99.50 - none 34.1778.1 STEWART, RICK D. 236. 13 142.75 93.38 07/18/2001 126.17 - none 74.0048.2 STEWART, ROBERT 1 08.79 52.55 56.24 07/17/2001 43.94 - 42.3056.3 STINAR, ILENE 73.28 35.41 37.87 07/17/2001 34.18 - 40.0078.1 STRIBLING, SEAN 60.47 34.09 26.38 07/17/2001 52.76 - none 31.1060.1 STRONG, EARNEST 158.71 100.43 58.28 07/24/2001 52.13 - none 2.5480.1 STUBBLEFIELD CONSTRUCTIOf\ 248.86 146.90 101 .96 07/23/2001 103.19 - none 69.0646.1 SUDERMAN,MARK 244.70 103.82 140.88 08/14/2001 162.56 - none 34.0988.1 SULLIVAN, MARK 201 .53 129.22 72.31 08/09/2001 69.85 - none 1.2910.2 SUNBRIDGE 6,049.08 4,177.48 1,871.60 08/22/2001 2,866.69 - 31.0668.2 SWANSON. JOSEPH 167.83 77.42 89.39 1.02 08/10/2001 65.00 - 34.1410.1 SWENSON, JENNIFER 205.61 154.63 50.98 08/09/2001 55.90 - none 33.2334.1 SZURGOT, DOUGLAS 59.24 32.86 26.38 07/17/2001 27.61 - none 69.1278.1 T C MILLER 154.46 69.77 84.69 07/18/2001 114.57 - none 20.1964.1 TECO INVESTMENTS 196.55 74.60 49.67 43.52 28.76 05/15/2001 86.28 - none 14.5003.2 TENNEY, STEVEN 96.82 47.96 48.86 08/09/2001 45.17 - 2.1190.1 TERRELL, A 274.58 144.28 77.53 52.77 06/21/2001 111.69 - none 22.1032.1 THOMPSON, REN 107.65 60.06 47.59 07/20/2001 43.74 - none 50.2110.2 THOMPSON, RHONDA 75.62 32.81 42.81 08/01/2001 32.81 - 1 .1950.1 THORNE, TORY 297.23 166.33 130.90 08/21/2001 113.68 ~ none 1 .1940.1 THORNE, TORY L 219.68 125.71 93.97 08/21/2001 75.52 - none 74.2618.2 THURSTON, TONY & AMBER 128.22 68.62 59.60 08/09/2001 17.50 - 69.0226.1 TIMA, KAREN 93.41 64.04 29.37 08/21/2001 75.00 - none 74.0804.1 TJR2 285.78 90.65 104.48 90.65 07/25/2001 94.48 - none 2.4800.1 TODD, JUDY L. 131.65 77.06 54.59 08/20/2001 47.00 - none 2.2200.3 TODD, RICK 142.84 106.46 36.38 08/30/2001 26.38 - 74.2520.1 TOLAND, DAVID 155.92 76.73 79.19 07/05/2001 183.43 - none 50.2180.2 TORRES, MARIA & ROBERTO 88.43 47.29 41.14 08/14/2001 50.98 - 21.1576.2 TRAIL, CHARLES 78.76 43.85 34.91 07/24/2001 24.90 - 50.2248.1 TRICKETT, KEVIN 52.76 26.38 26.38 08/07/2001 26.38 - none 21.2814.1 TRUCHOT, DARREN & CINDY 80.15 37.70 42.45 07/17/2001 28.76 - none 42.1172.2 TRYON, PHIL 52.76 26.38 26.38 08/01/2001 28.84 - 2.2230.2 TUDEHOPE, HEATHER 88.76 47.62 41.14 07/13/2001 72.60 - 74.2386.2 TUPPER, PAXTON & APRIL 139.42 66.02 73.40 08/03/2001 66.02 - 14.5006.2 TURNER, DAVE 99.59 44.18 34.18 21.23 2.2714.1 TWEDE. ROGER 171.17 96.82 74.35 08/01/2001 60.82 - none 34.2104.1 TYLER, HEIDI 91.31 61.43 29.88 08/21/2001 50.00 - none 52.0263.1 UNDER THE ONION 450.36 179.82 270.54 08/22/2001 176.58 - none 74.2876.1 USSERY, TRACY 134.18 63.09 71.09 08/23/2001 60.63 - none 40.0340.1 VAIL, ROBERT 81.66 42.84 38.82 08/06/2001 35.13 - none 35.0070.1 VAL HARRIS 84.24 47.82 36.42 07/25/2001 37.65 - 51.2996.1 VALLA. CAROL YN 394.06 394.06 07/11/2000 24.08 - none 69.0100.1 VANBRAGT, MICHAEL 71.65 28.98 42.67 07/18/2001 77.80 - none 22.1052.1 VANHORN, KEVIN & SANDRA 115.04 115.04 01/24/2001 44.08 - none 42.3968.1 VANHOUTEN, MIKE 11 7.95 50.90 67.05 07/25/2001 44.75 - none ...- in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 15 Standard Payment Customers Sep 18,2001 02:36pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 21.2946.1 VARNER, GERALD & SHAWNA 245.58 166_88 78.70 08/20/2001 100.00 - none 5.0696.1 VIGIL, THOMAS 463.28 463.28 11/03/2000 88.34 - none 21.1726.2 VINCAMP, RALPH 182.13 103.53 78.60 07/24/2001 79.83 - 21.0080.1 VINCENT, SPARKY 216.68 107.97 108.71 08/29/2001 42.29 - none 2.4550.1 VINCENT, TOMMY 170.98 79.88 91.10 08/09/2001 58.64 - none 7.1052.1 VINEYARD, JAMES 74.00 35.24 38.76 07/18/2001 67.52 - none 42.0324.1 VIVES, MARK 81.73 40.25 41 .48 07/20/2001 89.70 - none 31.0492.2 VLAMIS, NICK 797.03 501.88 295.15 08/15/2001 181.55 - 50.3742.2 VNUK, JOHN 605.35 130.04 143.57 146.03 185.71 07/23/2001 100.00 - 46.0262.1 VNUK. JOHN J 87.39 60.14 27.25 08/29/2001 75.00 - none 21.0004.1 WALKER FAMIL Y TRUST 116.66 59.03 57.63 07/20/2001 86.65 - none 2.5730.2 WALKER, BRYCE 157.97 77.84 80.13 07/18/2001 108.28 - 32.1306.2 WALSH, DAVID & CARA 74.12 42.76 31.36 08/21/2001 33.82 - 1.3340.1 WALSH, RON 165.69 165.69 10/15/1999 191.33 - ***none 1.0460.3 WARDLE, JOHN & CHERYL 82.49 41.02 41.47 08/24/2001 41 .00 - 34.0298.1 WARDLE, JOHN AND CHERYL 275.76 98.70 86.07 90.99 06/19/2001 82.38 - 20.1846.1 WARE, MICKEY L. 230.05 139.79 90.26 08/17/2001 87.80 - none 21.2694.1 WARREN, BRIAN 213.87 190.50 23.37 09/17/2001 91.77 - none 74.2330.1 WASSON, LEE & KARl 74.07 37.65 36.42 07/17/2001 76.53 - none 19.4470.2 WATLINGTON, JUSTIN 78.92 40.16 38.76 07/23/2001 57.52 - 31.3388.1 WATSON, COREY S 166.97 103.41 63.56 08/29/2001 84.47 - none 31.2230.1 WATTERS, TAMI 118.40 72.28 46.12 08/20/2001 74.02 - none 3.0100.1 WEATHERMON, TINA 81.84 41.53 37.51 2.80 07/27/2001 41.20 - none 34.0350.2 WEBB, TYLER 280.81 170.01 11 0.80 07/24/2001 92.03 - 74.3544.2 WEBBER, DAVID 70.14 33.76 36.38 08/02/2001 27.61 - 21.2192.3 WEBER, THOMAS 114.36 59.11 55.25 07/18/2001 72.82 - 33.4266.1 WEEK, NORMAN 127.78 74.59 53.19 09/14/2001 56.88 - none 22.1238.1 WEISS, DAVID M. 193.11 133.11 60.00 08/21/2001 70.45 - none 2.3150.3 WELKER, ROGER 317.03 216.41 100.62 08/28/2001 100.46 - 5.0392.1 WELLMAN, LORIN 423.72 272.91 150.81 08/01/2001 116.37 - none 20.1270.2 WENINGER, BEVERL Y & GERAU 111.74 57.80 53.94 07/18/2001 89.11 - 31.3332.1 WENTZ, DANIEL R 149.19 82.06 67.13 07/27/2001 65.74 - none 22.1480.1 WERNER, GARY 185.76 146.39 39.37 08/29/2001 70.00 - none 51.3098.3 WERRY, GREYSON 89.62 33.26 33.26 23.10 07/10/2001 120.00 - 51.1134.1 WES WORCESTER 149.24 16.88 16.88 16.88 98.60 12/04/2000 12.96 - 74.3122.1 WESTERBERG,STEVEN 93.36 45.45 47.91 08/06/2001 42.99 - none 75.0500.2 WESTERN ELECTRONICS 1,235.84 345.42 890.42 09/12/2001 609.52 - 35.0247.1 WESTROCK HOMES 74.84 40.66 34.18 07/13/2001 31.42 - 22.2374.1 WESTROCK HOMES INC 59.24 32.86 26.38 07/13/2001 52.76 - 22.1216.1 WHElLER, ROBERT 169.98 140.29 29.69 08/21/2001 50.00 - none 50.3890.1 WHIPPLE, JEFF 58.45 37.59 20.86 08/21/2001 60.00 - none 32.0846.1 WHITE, lUCILLE 154.23 98.19 56.04 08/17/2001 47.43 - none 4.0922.1 WHITING, BRENT & LYNETTE 129.91 69.96 59.95 08/20/2001 46.26 - none 5.0792.1 WICK, DON 203.44 107.42 96.02 08/17/2001 83.72 - none 52.0262.1 WILD SHAMROCK LLP 624.32 312.18 312.14 08/22/2001 670.36 - none 69.1304.1 WILDE, KENNETH 253.54 112.01 141.53 08/21/2001 132.92 - none 13.2032.2 WILLIAM TYDINGS 1 00.99 55.58 45.41 09/03/2001 37.87 - 2.2040.1 WILLIAMS. FRED 91.22 53.77 37.45 08/29/2001 41.14 - none 34.0840.1 WILLIAMS, JASON & MICHELLE 225.85 142.61 83.24 07/24/2001 69.71 - none 22.1354.1 WILLIAMS, TERRI 276.62 152.54 124.08 08/21/2001 96.86 - none 2.4310.1 WILSON, DENNIS K 94.66 57.46 37.20 08/20/2001 50.00 - none 5.0814.1 WILSON, ROBERT & NANCY 163.06 131.24 31.82 09/10/2001 43.74 - none 74.0094.3 WINWOOD, RANDY & CATHY 183.05 81.90 101.15 07/12/2001 88.00 - 4.0896.1 WITHERELL, ROBERT 69.24 32.86 36.38 07/13/2001 26.38 - none 69.0778.1 WOOD, BRADLEY 119.35 69.35 50.00 08/06/2001 94.85 - none *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 16 Standard Payment Customers Sep 18,2001 02:36pm Current Period: 09/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2001 06/30/2001 05/31/2001 Date Amount Msg 2.5020.1 WOOD, KENNETH 165.19 96.29 68.90 07/10/2001 113.20 - none 32.0426.1 WOOD, PHILLIP 385.73 217.18 168.55 07/16/2001 161.17 - none 32.1350.2 WOODHOUSE, KELLY 98.53 71.85 26.68 09/07/2001 25.00 - 31.3344.1 WOODRUFF, NOEL R 181.80 116.92 64.88 08/29/2001 71.00 - none 19.7176.1 WOODS, DAVID 115.83 59.31 56.52 08/17/2001 46.68 - none 34.1506.2 WOODWARD, ROBERT 84.00 41.47 42.53 07/18/2001 63.83 - 22.1518.1 WOOSLEY, JAMES 180.17 121 .90 58.27 09/17/2001 50.00 - none 21.2092.1 WORTHEN, JOEL 72.61 37.70 34.91 08/20/2001 29.99 - none 19.0280.3 WUHRMAN, THOMAS 66.46 35.24 31.22 07/13/2001 29.99 - 3.0340.2 WUPPER, ROBERT & JENNIFER 97.93 57.74 40.19 07/13/2001 91.61 - 4.1254.2 WURT, TIM & JENNIFER 89.37 66.57 22.80 08/29/2001 70.00 - 33.2382.5 YAMAMOTO, KRISTINE 152.77 86.31 66.46 08/20/2001 52.77 - 74.3348.4 YEATTS, PAMELA 90.50 44.02 46.48 07/18/2001 64.93 - 68.0158.1 YOKOM, TOM 70.10 32.59 37.51 08/10/2001 35.05 - none 3.0114.1 YOST, MARC 71.66 37.84 33.82 07/23/2001 33.82 ~ none 31.3248.2 YOUNG, REBECCA 147.03 114.46 32.57 08/14/2001 75.00 ~ 7.2006.2 YRAZABAL, JOHN & DEBORAH 118.96 67.64 51.32 08/03/2001 46.40 - 50.3784.1 ZAVALA, JOSE 61.28 26.38 30.07 4.83 07/25/2001 50.00 - none 69.0064.1 ZIEGLER, TODD 358.20 145.89 212.31 07/02/2001 262.26 - none Grand Totals: 169,481.15 90,397.94 63,360.15 9,972.13 5,750.93 Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 ..... in Msg column indicates no Notice is to be sent ( {~~ ~ ~~I ~~~ <i! ...J ~ t3 :t;: t; en <C u:: ~;;"==---::=;~~- ~1E;1 ,~,"'Z:; ~ 9~~; !~~ I- <C Z 0 W en ~ u:: LL ~ LL 0 0 <6 I- 0 ~ ~ :I: en W ...J >- <C ...J :J <C I- 0 ~ en u:: ...J -:'J.. (3 o f;;>, Z <6 ~ 0 0 0:: 0 <C W ~; 0 >- I- ~ I- :t;: Z 0 w en ~ u:: LL 0 LL 0 0 ~ t- en :J ~ :I: en W ...J >- <C ...J :J <C I- 0 ~ en u:: ...J C3 Z :J 0 0 0 r-.... C"? 0 l- v LO LO l- T"'" ('l")~ co :t;: -+c Z ic W ~ ~ b; ~ ~ ~ g ~ g r- to CD CD N LO LO CD :I: 0:: I- 0:: 0:: Z >- W 0 0:: W W >- ~ J:: J:: OJ :E w m OJ 0:: :;= 0 t- :E OJ :5: :5: <C :J :I: ~ N en W ...J 0 W W :J a::: 0 ...J W W >- ::>> I- ~ I- > 0 ~ fJJ a::: D2 ~ z Z ...J (.!) 0.. -+c i 0 0 w w <C ~ :;) =>> =>> => w 0 : 0 z c .., LL :E :E .., .., .., oCt CJ) I- ( f \ u.. u... o Z 0:: => r- o Z -+c -+c ORDINANCE NO. ~/- f!J,9 AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 888 THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001. APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $235,610.00 AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Ordinance No. 888, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2000 and ending September 30, 2001 be and the same is hereby amended as follows: That the additional sum of $235,610.00 be appropriated out of the revenues from Fund Balance and Others Sources and Fees, to be used for authorized activities. PROPOSED ADDITIONAL EXPENDITURES General Fund: General/ Admin Fire Department Police Department Parks Department TOTAL $ 10,345.00 $ (8,500.00) $137,500.00 $ ~8~F\00.00 $177,845.00 Enterprise Fund: Water & Wastewater $ 57,765.00 GRAND TOTAL $235,610.00 PROPOSED ADDITIONAL REVENUES / FUNDING SOURCES General Fund: Other Sources TOTAL $177..84:;.00 $177,845.00 ( Enterprise Fund: Other Sources TOTAL $ fi7",76fi.OO $ 57,765.00 GRAND TOTAL $235,610.00 SECTION 2: This ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the C&' CQuncil and APPROVED by the Mayor of the City of Meridian, Idaho, this I ~ day of September, 2001. ATIEST: d1~P :... \ \ 1\ )y -- - - - - - -- - ......Projecf. .. (')ick~dllpbyDate -. -- .' . - - -- -- .. . - - : - - A-. .--.""...-... ': ...... ....:iJ:.----:-..- ..--. '. ..- j:--..;. pi . j ",A I iJ AA l /J ~~? ~l /;/'~~.7 Cf: 10 !~Lt{J,~nAl....(j~ ~ .... or ~ I LYJ[ /1 t '-/ r- ;fJ ,-11;7" j / /, (Jf -;(-Z' . ,..;Afl:v ff //..... cU c I '1 ) '-... -r/h ,/" ,.c:> D . } \ ,r r /' i...-1 F. I /1 , / ( j J f-,.., 7 7 l..;' rn-/VJ' dt';~-, cj,u~_Lv~ I~~ C~~ -('~~ ~ rJ~ '--V J P ~ t/~- I/~~'D~~l sJgOIVIS/~- C-/~... /UlJ;;-u1J- /~?XrfL.luvJ L ZlJ YY\ ~y I ~~L 1I1frh~/!/!!l/l~ 7 ' /' - ( ( I t e m Pac k e t Pic k u P c,l~ ~ C (JU Vl ~ jl 1 C1 \ \ 8 I 0 I . . - _.- ~ - - .- - -- - - - - . .. Ti l11e:~~.R1pl()yE?en .:., :.....-:.n .:'.::.>In.itla-.-l 5:'. ::~"'. ....-- .' -:/.G v I (\ f\ 7;'~/~7 lJjCJ0 __ ,\/'v\ /' ! ',- .~-- fJ (1 r: 7/; '/ Ii c~ ( rf. Jt C?/7 /1!lo,-~~j~ 7117 I:so .~ ~ /7 /~5U '-/ LU\~/ q/!K I/~J?J ~ 1 )Ie; itJir;o J11!J- . , ( :\~/~. ~EcoQ~JJf ...;. n A. ~ 0 r!.e. V ^ R R I) ...'".....~. If"I:'1 \ . " . j i '4 .. to +. ~ ~_ ZODJ SF 27 Pei 1: 33 ..-):~ECOROEO" REQUEST OF ( r:p:,/\J) 'O:='P'! . ' i '-l...~ l-. V I I .~ 101099497 PRESSURE SEWER LATECOMERS AGREE1\1ENT VIENNA WOODS SUBDMSION This Agreement made and entered into this.L!l. day of ~EPT. 2001, by and between L. MARVIN PETERSON AND JEAN H. PETERSON FAl\1ILY LIMITED PARTNERSHIP, an Idaho Limited partnership, and W.L. PETERSON FAl\1ILY LIMITED PARTNERSHIP, an Idaho Limited partnership, hereafter jointly referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WIT N E SSE T H: WHEREAS, the City limits extend north of Ustick Road, but prior to this Agreement and construction referred to herein, such area was not provided sewer service by the City; and WHEREAS, the Developer constructed a sewage lift station north of Mcl\1illan Road and east of Locust Grove Road, as shown in "Exhibit A", which sewage lift station will be able to provide service east and west of Locust Grove Road, and north and south of McMillan Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 641 acres, of which the Developer's Area is approximately 80 acres or 12.5% of the Total Service Area as shown in' SEWERLATECOMffiRSAGREE~ Page - 1 of8 c"'--- Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full.; and WHEREAS, the pressure sewer line constructed by the Developer will benefit land other than only the land developed by Developer; that the land that can be served by the said pressure sewer line is shovm in Exhibit HAlt, which is attached hereto and by this reference incorporated herein as if set forth in full~ that the developable land that can be served by the pressure sewer line totals approximately 64 1 acres~ that the existing developed areas that eventually contribute sewage to the facilities constructed by the City will be subject to the latecomer fees described herein; that 50010 of the land not included in the Developer's subdivision would be developed in ten years, the tenn that a late comers Agreement is allowed to run, and WHEREAS, the total cost of constructing the said pressure sewer line borne by the Developer was $199,814.56; whereas the pressure sewer line will benefit Vienna Woods Subdivision which contains 80 acres, or 12.5% of the total area to be benefited by the construction of the pressure sewer line~ therefore the cost to Developer to construct the pressure sewer to his own subdivision would be $24,940.69~ that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $174,873.86; and then dividing by 50010 of the remaining number of acres that could be served by the sewer line, there should be a late comers fee of$623.52, plus interest, per acre as shown in Exhibit "8"; and WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into sewer line extension and reimbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges norrn.ally SEWER LATE CO:MERS AGREBv1ENT Page - 2 of8 ( .('~ ( 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 tlLate Comer Fee"; the above ordinance section provides that the late comers fee may be used to reimburse the person or persons so extending the sewer line(s). WHEREAS~ pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to charge a Sewer Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a sewer line, whether that c,?nstruction has been performed by the City, a local improvement district or a private entity, or combination thereo~ and who subsequently desires to connect to the City sewer system, shall be required to pay an additional connection charge which shall be known and referred to as the II Sewer 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 Developer has paid for engineering, planning and construction of the pressure sewer line shov.tTl in Exhibit HA", and which will benefit the land also shown in Exhibit "A". 3. The Developer has contributed $199,814.56 to total construction costs of the above pressure sewer line, of which Developer is entitled to be reimbursed the sum of $174,873.86 plus interest, which represents land that could be served by the pressure sewer line but is not included in Developer's subdivision. 4. That for all land in Exhibit itA" subsequently connecting to the pressure sewer line referred to in Exhibit "A", except the land in Vienna Woods Subdivision, the City will charge the sum of $623.52 plus interest, per acre as shown in Exhibit "B"; such users shall hereafter be referred to as SEWER LATE CO~RS AGREENJENT Page - 3 of8 ( "LATE CONfERS"~ that the charge is the sewer construction equivalency fee authorized in 9-4-18 and established by this Agreement, which fee shall herein be referred to as "LATE CONfERS FEE"; the fee is in addition to any other sewer charges for cormection to the sewer system; the computation of the Late Comers Fee is shown on Exhibit "B II attached hereto and by this reference incorporated herein. 5 . That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "VIENNA WOODS PRESSURE SEWER REI1\1BURSE1\1ENT ACCOUNT" and shall reflect interest at a rate of 4% to be accrued on the unpaid balance once a year at the City's Fiscal Year EncL 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 VIENNA WOODS PRESSURE SEWER REIMBURSEMENT ACCOUNT, shall increase at a rate of 40/0 per annum as shown in Table I of Exhibit "B". 7 . That the late comer fees shall be collected by the City from all users subsequently COlUlecting to the line shown in Exhibit "All for the land also shown in Exhibit "A", except the land in Vienna Woods Subdivision. 8. That the City shall charge the VIENNA WOODS PRESSURE SEWER REl1\1B URSEMENT A ceo UNT the lOOA, administrative charge as authorized under 9-4-19. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the sewer line(s) referenced in Exhibit lIA" is the property of the City SEWER LATE CONtERS AGREENtENT Page - 4 of8 (' and shall henceforth be maintained by the City at its sole cost and expense. lIThe term of this Agreement shall be Wltil Developer has been reimbursed the principal sum of $174,873.86, plus interest, as determined in Paragraph 6, less the 10010 administrative fee Of, if this is not achieved, for a period of ten (10) years Of, until such time the pressure sewer described herein is abandoned. If the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and 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. SEWER LATE COMERS AGREErvIENT Page - 5 of8 ( 12. This Agreement shall be binding on the assigns and successors of the parties hereto. ~ DATED this \&-dayof Se.y+e""-be..r , 2001. BY: Approved By City Council: ArrEST: ST ATE OF IDAHO,) . SS. County of Ada, ) On this /1 day of .sep+~1>1 ,~, ,2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WilLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CI1Y 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 ,.., ........,.... ~,~~~ C'E L. 8 '### ~.. ~\,: ....... At-./'~ ;f## ~ ..".,';".- e. ., ~ __ ,. 4..'" .. . ~.... ~ -- .,. ~....., ", i / ~OTA~~ '"e\ \ : * : -e- . * : : , . : \ ",/){JBl. \C J i "." ...... ~ <.P~ .... .. 0 :' # .,... . ....~ , '## ~ l' ........ ~ ,,",. ,..' '''''1# li 0 F \ \) "" ..........."". -~ N AR PUBLIC FOR IDAHO RE G AT /i1 (r/~' t.1/l. MY COM11ISSION EXPIRES 4f /.;10/ 07 SEWER LATE COfv1ERS AGREEMENT Page - 6 of8 L. MARVIN PETERSON AND JEAN H. PETERSON FAl\1ILY LI1\1ITED PARTNERSHIP By (corporate seal) By STATE OF IDAHO,) : ss. County of Ada,) On this n day of ~p( , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared L. :MARVIN PETERSON and JEAN H. PETERSON, known to me to be the General Partners of L. MARVIN PETERSON AND JEAN H. PETERSON FAMILY LIMITED PARTNERSHIP, and who executed the within instrument on behalf of said limited partnership, and acknowledged to me that said limited partnership 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 ~ - ~""""II"11. \' ~ tI. JOL 1111~ '-~~....... rt4'n ~ ~,.~. ... vo~~ ~~.. ~\OlARY ...~~ ~"l \' -. ~ ~ : ....~ :*~ -*. . - ~ ... PUBL\C .:0. t ~ ~.. ...~ ~ ~.. .. -,- ~ ~ ~";'.....\Q~ ~ ~~/l ..c: OF \ \\\\'~ '1'111""111"\\\\\\ \ ........-- SEWER LATE COMERS AGREENlENT Page -7 of8 , - ( W.L. PETERSON FAl\1ILY LIMITED PARTNERSHIP (corporate seal) By STATE OF IDAHO,) : 55. County of Ada, ) On this 11 day of ~ , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared WAYNE L. PETERSON, known to me to be the General Partner of W.L. PETERSON FAl\'llLY LIMITED PARTNERSBlP, and who executed the within instrument on behalf of said limited partnership, and acknowledged to me that said limited partnership 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 ~,,"""~:"~"'III/. .N.~ ft'. V\J.L I'//. ~.. ...... '7~ ~ ~ '-J ... .... ~ ~ 1.-.::;... ~\OTARY ...~\ -~. ~ .- :: . . :: = . . - s~ .--..... :*~ \ .... PUBL\C ..0. ff ~ (fl..:.- .. ~ ~-~......~~# \ ~~,,z,~- OF \\J. ~\\'~ J "....,"'IInu."\\\\\: . ~ NOTARYP ~'1h' RESIDING AT c) MY COMMISSIONE IRES 02 -/9~03 SEWER LATE CONIERS AGREBvfENT Page - 8 of8 Fe VIENNA WOODS SUBD. LI} l' STATION SERVICli AREA EXHIB IT "A" tA~. ~ ~ 'i:fd~f'~F'{0 I I RD :" ~ ~~~ r~ ~ I .-:~ ~. ~~~;4<:~~ : 1 ...~ 1861 f · ~ W"..0;~ , : .t--.. H____ ~ ~~A~;;;:~ t-; i l~%(il.~., ~_ I L___.__( ~./A, . . . ! __._~._. . ._... . .._. ~ .' " ..... . ~ {L" ..: ... .',,~ ~ : : :_:::.:'~'.'."~--~---~ -- "..~ ~ ~ .. ~ t . ~..._..- ... - _....-. ~'_ C ~ /j. ,. '." ".,...;.'... tY/ : , ~ ( ~~ ~ ~I?tv.. 1\' [ ~ ~ ''':- , .' - - " - ... '/ !I~~>:r~~ ~ ~ -~ . - II .': I ~ [/;0.. .' , ~ .. ...... ! ~~Y// .~. W& _.~ - ;! IIJ.. .._-.~--~_._..~-- ~.~~~~ .~_.. '. % ~j;: 1I1111\/'~1'-1 . ! ::-t ~ ~ . ~~"'AJ llTr: ! ~ wa' .. -t ' ~ ~ /~. ,.? -. ''-:::~ ! I I/:"j .. -. ,/, ~ 1 -!/VA =-'j; ; :UO~-'__'~.~~--.~':'~':'~~ ~~ . . . . ~. .... .'_ . ..,~ ~-4 ~ %. :. . ", I, '~~ ~ .~.. -"-'---.'-.- ty .-' ..' .... ~ . ~~ I - ------..-....-- ~'. - .' :--::. ',' -' : ..' " '" . ~ . ~ ---..: ;' I '/ ..' :' -. " . ,..".' _ .: - . - - . - ~ =--..J . ,\886 1883"-----.--.-- -. z~.:..::;.~ .:.~..: :.......;._~...'..~ ~ ---!.F i /~ " : ~ -fL-=iI: :1 ~ ,I, ~_ I r////~.. I \ i .' :~I ~ Lq! i '. ;..:0f;~~j:~2' 10 ~ J ~ "---- :: ...__._~_---J. . .. . z.-~..xr/.~.:--;).J ;.: I I ' I -... ... · '.C .. ~~~:f.~':~S3ID~~i?B-~ i I I : I , r l.r1~. ,"'-frZt--,ro .~!:..~ j r , . f , ~~~l:- --../ I r- I I I i !89C' :_.._' : ;---- ":{1;~,\G~" >-/B ;-~ : I ' 'L~I-~. .0 ., ~~)) . ~b 4 9 f"~ ---~ I !'.. '. I :;".)" ')~I /- ;~~~ '-\.;~'j ,. -I : I .__ _.. . ~,..~.. 1r~..t![frf. :.\ .;::' , '! j :; 2OZ11 J .,~;~;~::~""~'~."~'6~..: >;1 ! ----~~=. .--'~TT' J I ; ~ , I ~ (i ~....~ : t .... ~:-.:.~~ .,~4 ~ \ ~-'_.-. I! I J ( ~-,--1 ~ ; - Dl~i ~~ ~ r-'; x~~~ fll1f ~-\i=j , ~\~~~-= ~~ lttl '"' \, Pt :, ~1 ~~~r ~51 .-r 1 ~.:1=K~~ \ I --i-.!._..:l1.lllil[L~ ! ~l I : I "'i~O~:-rT1'- -n':n-::l11 ~~~' ~- ..' . ,~~.] :~(B~ ~+~~J.. -00:- · 1~G-1 ~ lT1=. - .~ ~.L.rrnn"'l.- ~ w! ~ ! --------, 1885 ( "EXHIBIT B" VIENNA WOODS LIFT STATION LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: Total Service Area = Gross Area - Existing Road/Street Right-Of-Way EXISTING ROAD/ STREET RIGHT-OF-WAY (R/W) Locust Grove Road R/W 96 feet wide by 8000 long = 17.63 acres McMillan Road RjW 96 feet wide by 2650 long = 5.84 acres Fuller Interior Streets RjW 50 feet wide by 1900 long = 2.18 acres Dunwoody Interior Streets R/W 50 feet wide by 2400 long = 2.75 acres Heritage Interior Streets R/W 50 feet wide by 7550 long = 8 . 67 acres Total Total Service Area = 678.00 Gross Acres -37.07 R/W = 640. 93 acres Latecomers Area = Total Service Area - Developer's Area TOTAL SERVICE AREA: 0/0 OF ACREAGE TOTAL I 640.93 100.01 0/0 OF ACREAGE TOTAL I 80.00 12.51 0/0 OF ACREAGE TOTAL I 560.93 87.51 DEVELOPER'S AREA: LATE COMER'S AREA Page 1 37.07 FEE COMPUTATION: DEVELOPER'S CONTRIBUTION: $199,814.56 Verified from Billings PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION: 12.50/0 x $ 199,814.56 $24,940.69 PORTION OF DEVELOPER'S CONTRIBUTION EliGIBLE FOR REIMBURSEMENT: Total Service Area (1000/0) - Developer's Percentage = Percentage Eligible = 87.50/0 87.50/0 X $ 199,814.56 = $174,873.86 LA TE COMER FORMULA: (Eligible Reimbursement/Late Comer's Service Area = Late Comer Fee per Acre) $ 174,873.86 $311.76 560.93 REMBURSEMENT BASIS: Assume payback period of ten years and an overall growth rate of 500/0 within the Late Comer area over that ten years. The Adjusted Late Comer fee per acre = $311.76 500/0 = $ 623.52 REIMBURSEMENT SCHED ULE: The Developer paid the costs of installing the lift station. The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject lift station 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 4% The latecomer fees shall be: Effective Date Latecomer Fee per Acre October 1, 2001 $ 623.52 October 1, 2002 $ 648.46 October 1, 2003 $ 674.40 October I, 2004 $ 701.37 October 1, 2005 $ 729.43 October 1, 2006 $ 758.60 October 1, 2007 $ 788.95 October 1, 2008 $ 820.51 October 1,2009 $ 853.33 October 1, 2010 $ 887.46 Table I Page 2 . > VIE~INA WOODS SUBD{'/ISION PRESS'URE ~"t:WERJLIFT STATIO"N SERVICE AREA Exhibit A :6 S3-~" , ROAD ~ <[ o ~ ) 1 i i. w ~ LJ <[ W j j t :338 . ~Q~ i ~ c:.: 'l PRESSURE SEWER t890 " ..' l05~ 0 :: . . -~ : ~ ::." " 1[;.1'3 2J2'J LEGEND .1::::... LI FT STATION SERVICE AREA . . , ...- ......s. 1:~~ .......1pI._r_=...::._~,..If"~_-.. -.... I........~_.~~- j ...._ . - I ( '~ ~UNTY RECOR~ \\v0 REC~OROED - REO:';[S T ::j:' ..;. C .:\ \' ; C ~ f /\ " 1 tl ~ ~ I) F ~ E f") ""'c. P; ~ J' _ c. l~!: .::-: I . L- :~ r ~ :J __ ~ 2UU I Sf 27 Pt1 I: 33 1 0 1 0 9 9 it 9 6 ~ WATER LINE LATE COl\1ERS AGREEl\1ENT VIENNA WOODS SUBDMSION This Agreement made and entered into this 11 day of ~ €FT. 2001, by and between L ~lARVIN PETERSON AND JEAN H. PETERSON FAlVIaY LIl\1ITED PARTNERSHIP, an Idaho Limited partnership, and W.L. PETERSON F~Y Ll1\1ITED PARTNERSHIP, an Idaho Limited partnership, hereafter jointly referred to as "Developertl, and the CITY OF IVIERIDIAN, hereafter referred to as "City" WIT N E SSE T H: WHEREAS, the City limits extend north of Ustick Road, but prior to this Agreement and construction referred to herein, such area was not provided water service by the City; and \VHEREAS, the Developer constructed a water line from an existing water line to an area north of McNfillan Road and east of Locust Grove Road, as shown in "Exhibit A") which water line is able to provide service to land east and west of Locust Grove Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Tota] Service Area is approximately 325 acres, of which the Developer's Area is approximately 80 acres or 24.6% of the Total Service Area as shown in Exhibit "A" which is WATER LINE LATE CONfERS AGREENfENT Page - 1 of8 (~ attached hereto and by this reference incorporated as if set forth in full.; and WHEREAS, the water line constructed by the Developer 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 ItA", which is attached hereto and by this reference incorporated herein as if set forth in full; that the developable land that can be served by the water line totals approximately 325 acres; that the existing developed 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 not included in the Developer's subdivision would be developed in ten years, the tenn that a late comers Agreement is allowed to run, and WHEREAS, the total cost of constructing the said water line borne by the Developer was $158,456.86; whereas the water line will benefit Vierma Woods Subdivision which contains 80 acres, or 24.6% of the total area to be benefited by the construction of the water line; therefore the cost to Developer to construct the water line to his own subdivision would be $38)971.07; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $119,485.79; and then dividing by 50% of the remaining number of acres that could be served by the water line, there should be a late comers fee of$974.28, plus interest, per acre as shown in Exhibit "B"; and WHEREAS, S,ection 9-1-13 of the Water Ordinance provides that the City may enter into water line extension and reimbursement agreements and that section further provides that water users who subsequently cormect to the extended water line(s) shall be charged a ten (10) inch diameter water line equivalency fee; said fees are in addition to the cormection 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 WATER LINE LATE CONfERS AGREEMENT Page - 2 of8 /- I fee may be used to reimburse the person or persons so extending the water line(s). WHEREAS, pursuant to 9-1-12, 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 perronned by the City, a local improvement district or a private entity, or combination thereo( 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 Feell. 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 Developer has paid for engineering, plaruring and construction of the water line shovro in Exhibit II A", and which will benefit the land also shown in Exhibit "A". 3. The Developer has contributed $158,456.86 to total construction costs of the said water line, of which Developer is entitled to be reimbursed the swn of $1 19,485.79 plus interest, which represents land that could be served by the water line but is not included in Developer's subdivision. 4. That for all land in Exhibit II All subsequently cormecting to the water line referred to in Exhibit HAil, except the land in Vienna Woods Subdivision, the City will charge the swn of $974.28 plus interest, per acre as sho\VI1 in Exhibit "B"; such users shall hereafter be referred to as "LATE . COlv1ERS"; 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 C011ERS FEE"; the fee WATER LINE LATE C01v1ERS AGREEMENT Page.. 3 of8 { is in addition to any other water charges for connection to the water system; the computation of the Late Comers Fee is sho\VI1 on Exhibit "B" attached hereto and by this reference incorporated herein. 5 . That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "VIENNA WOODS WATER PROJECT REIJ\.'mURSElVIENT ACCOUNT" and shall reflect interest at a rate of 4% 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 VIENNA WOODS WATER PROJECT REIMBURSE1\1ENT ACCOUNT, shall increase at a rate of 4% per annum as shown in Table I of Exhibit "B". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in Vierma W Dods Subdivision. 8. That the City shall charge the VIENNA WOODS WATER PROJECT REIMBURSEl\1ENT ACCOUNT the 10010 administrative charge as authorized under 9-1-13. 9. That the City shall have prepared on an annual basis an audit of all fimds collected pursuant to this Agreement, which audit shall coincide Vlith the general audit of the City; that the cost oftrus audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the water line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. II The tenn of this Agreement shall be until Developer has been reimbursed the principal WATER LINE LATE COlviERS AGREElviENT Page - 4 of8 r- ( (_0 sum of $1 1 9,485.79, plus interest, as determined in Paragraph 6, less the 10010 administrative fee Of, if this is not achieved, fOf a period often (10) years or, until such time the water line described herein is abandoned. If the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and 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 LA TE COrvfERS AGREElvfENT Page - 5 of8 ( 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this~day of Sep+e..Moer ,2001. BY: Approved By City Council: A ATTEST: STATE OF IDAHO,) SS. County of Ada, ) On this J.i-f':J.ay of $t>p+-eit-l'tr ,2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ,Ii "G,"":.i.~I. ,.."" L ~il,,# .... :\.cB · S A_ ~<#, ...... ~ ........ <("././' ')... #'., .i~ ""J ~ ... ... "".;r.. ~ ... e. "'r -:. :- :. ~OT AJt l.., ~ .... .r. ~ * i "':::4.~ · * E \ \. Pl1B1.\C j ~ <P)'> ... C 4,'" .' ...d -. ~ .... .,. - {-')o,. ~ ,"y ..... .( Ii 0 F \" ~~...... "- 'I\",~ Y PUBLIC FOR IDAHO ING AT ~r/"\t1H MY COtv11v1ISSION EXPIRES tJ 7' ~o WATER LINE LATE COrviERS AGREENfENT Page - 6 of8 (' ( (, L. IVL~VIN PETERSON AND JEAN H. PETERSON FAMILY By (corporate seal) By STATE OF IDAHO,) SS. County of Ada, ) On this a day of 'S'eP-r, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared L. rvfARVIN PETERSON and JEAN H. PETERSON, knO\VTl to me to be the General Partners of L. l\1ARVIN PETERSON AND JEAN H. PETERSON F A MIL Y LIMITED PARTNERSHIP, and who executed the within instrument on behalf of said limited partnership, and acknowledged to me that said limited partnership 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 ~\\\\\1nllll""lll ~"\,, d M. ~o 1111'1'/. ~ ..L~~jl... -.. 0'A.~ ~ u~.. .':Y& ~ g~... ~OTARy ...~% 5*~ ~.~ E*I ~ ... PUBUC :. i ";;; d'l.:" · · .0 ~ ~,- ~.. ....~ ~ ~ ~x......~~'# r;I"/~ 1::- OF \"" t\\~ J ~ """""'''1''1\\\\\\'\ . NOTARY P Ie FOR IDAH9/ / RESIDING T ~ J'L.ho MY COM1v1ISSION E IRES c2 - /'1-/) :3 WATER Ll]\fE LATE C01v1ERS AGREE1v1ENT Page - 70f8 " l r- ( W.L. PETERSON FAMlLY LIMITED PARTNERSHIP (corporate seal) By STATE OF IDAHO,) : ss. County of Ada, ) On this 11 day of 7;ep",/ , 200 I, before me, the undersigned, a Notary Public in and for said State, personally appeared WAYNE L. PETERSON, known to me to be the General Partner of W.L. PETERSON FAMlLY Lll\1ITED PARTNERSHIP, and who executed the VJithin instrument on behalf of said limited partnership, and acknowledged to me that said limited partnership 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 ~\\\,,"IU"'''IJI'" ~~\\'\ ~. Jo II/I,,/. ~~L~~. .... ..:'t~ ~ ~ ~, .. ". O! ~ ~... ~OTARY ...~~ S : .. ~ ~ : ~.~ :*~ - *. . :; \ .... 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Water Main Installation D Service Area o I 1000 2000 3000 4000 Feet - ( "EXHIBIT B" VIENNA WOODS WATER LINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: Total Service Area = Gross Area - Existing Road/Street Right-Of-Way EXISTING ROAD/ STREET RIGHT-OF- WA Y (R/ W) Locust Grove Road R/W 96 feet wide by 5950 long = 13 .11 acres McMillan Road RjW 96 feet wide by 2640 long = 5.82 acres Heritage Interior Streets R/W 50 feet wide by 3300 long = 3.79 acres Total 22.72 Total Service Area = 348.00 Gross Acres -22.72 R/W = 325.28 acres Latecomers Area = Total Service Area - Developer's Area DEVELOPER'S AREA: 0/0 OF ACREAGE TOTAL I 325.28 100.01 0/0 OF ACREAGE TOTAL I 80.00 24.61 0/0 OF ACREAGE TOTAL J 245.28 75.41 TOTAL SERVICE AREA: LA TE COMER'S AREA Page 1 / \ FEE COMPUTATION: DEVELOPER'S CONTRIBUTION: $ 158,456.86 Verified from Billings PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDNISION: 24.60/0 x $ 158,456.86 $38,971.07 PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIlvIBURSEMENT: Total Service Area (1000/0) - Developer's Percentage = Percentage Eligible = 75.40/0 75.40/0 x $ 158,456.86 $119,485.79 LA TE COlvfER FORlvIULA: (Eligible Reimbursement/Late Comer's Service Area = Late Comer Fee per Acre) $ 119,485.79 $487.14 245.28 REIlvIBURSElvJENT BASIS: Assume payback period of ten years and an overall growth rate of 500/0 within the Late Comer area over that ten years. The Adjusted Late Comer fee per acre = $487.14 500/0 $ 974.28 REIMBURSEMENT SCHEDULE: The Developer paid the costs of installing the lift station. The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject lift station will be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1 st, at an annual percentage rate of 40/0 The latecomer fees shall be: Effective Date Latecomer Fee per Acre October 1, 2001 $ 974.28 October 1, 2002 $ 1,013.25 October 1, 2003 $ 1,053.78 October 1, 2004 $ 1,095.93 October 1, 2005 $ 1,139.77 October 1, 2006 $ 1,185.36 October 1, 2007 $ 1,232.77 October 1, 2008 $ 1,282.08 October 1, 2009 $ 1,333.37 October 1, 2010 $ 1,386.70 Table I Page 2