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Home My WebLink About2001 12-18 ( ** TX CONFIRMNiION REPORT ** ( AS OF DEC 19 '~1 00:43 PAGE. 01 CITY OF MERIDIAN 01 02 03 DATE TIME TO/FROM 12/19 00:36 CHERRY lANE 12/19 00:38 IDAHO ATHlETIC C 12/19 00:41 208 888 6700 CMDij STATUS 049 OK 049 OK 049 OK MODE EC--S EC--S EC--S MIN/SEC PGS 02'05" 005 02' 05" 005 01' 33" 005 -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 18, 2001, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd 0 Ron Anderson =::x= Cherie McCandless =x: Keith Bird -K- Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 13, 2001 City Council Regular Workshop~ ~~~ B. Approve minutes of November 20, 2001 City Council Regular Meeting: CVp;rrtJ v~ C. Approve minutes of November 27, 2001 City Council Regular Meeting: ~V1A..-- D. Approve minutes of December 4, 2001 City Council Regular Meeting: apjfl^'JVl-<../ E. Findings of Fact and Conclusions of law for Approval: VAR 01..016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: ~I'P~Vt-<-- F. Findings of Fact and Conclusions of Law for Approval: AZ 01- 014 Request for annexation and zoning of .66 acres from R-1 to R- 8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: ~f'jJroV'.e... G. Findings of Fact and Conclusions of Law for Approval: PP 00- 023 Request for Preliminary Plat approval of 30 building Jots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire MendiDl'l City Council Agcnds- December 18. 2001 P~ee I afS AU materials presented 3t public meetings s11all become property of lhe City of Meridim. Anyone desiring accommodation for disabilities related to documents undIor hc!rings ple:>.se COntacl the City Clerkls Office:11 888-4433 ::It ln$t 48 hours prior to the public meeting. ** TX CON{. ( DEC 19 '01 ~;3S 11TION REPORT ** AS OF PAGE. 01 CITY OF MERIDIAN 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 12/19 00:05 3810160 12/19 00=08 PUBLIC WORKS 12/19 00:10 2082882501 12/19 00=12 8841159 12/19 00:14 2088840744 12/19 00:16 2088845077 12/19 00:19 208 898 5501 12/19 00:21 LIBRARY 12/19 00:23 888 6854 12/19 00:25 2083757154 12/19 00:33 8950390 STATUS OK OK OK OK OK OK OK OK OK OK OK MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 02' 39" 005 01'20" 00S 01'34" 005 01'35" 00S 01'34" 005 01'34" 005 01'34" 005 02'06" ooS 01' 34" 005 07'35" OOS 01'33" 005 CMDij 049 049 049 049 049 049 049 049 049 049 '2149 -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 18,2001. at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd 0 Ron Anderson =r Cherie McCandless .=x:== Keith Bird -X- Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 13, 2001 City Council Regular Workshop: ~V'-L- B. Approve minutes of November 20, 2001 City Council Regular Meeting: W~V~ C. Approve minutes of November 27 t 2001 City Council Regular Meeting: arrV'l.L- D. Approve minutes of December 4, 2001 City Council Regular Meeting; ap~vu-.- E. Findings of Fact and Conclusions of Law for Approval: VAR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: tEl'Pro ~ F. Findings of Fact and Conclusions of Law for Approval: AZ 01- 014 Request for annexation and zoning of .66 acres from R-1 to R- 8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron lane: ~f' pro v.e... G. Findings of Fact and Conclusions of Law for Approval: PP 00- 023 Request for Preliminary Plat approvaJ of 30 bUilding lots and 2 other Jots on 16.4 acres in an R-4 zone for proposed Autumn Faire Meridi4J\ City Council Agcnd~ - DecetT\W l8. 200l P~2e I afS All materials presented ~ public meetings shall become: property or the City of Meridi~. Anyone desiring accommodalion for dis.1bilirics rdattd to documents and/or hC\rinss ple:ue Contacl the City Clerk IS Office ~( S8S443J ~t le~'t 4& hours prior to the public merong. ** TX( IRMATIDN REPORT ** ( RS OF DEC 14 '01' ~,.04 PAGE. 01 CITY OF MERIDIAN 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 DATE TIME TO/FROM MODE MINVSEC PGS 12/14 16:14 3810160 EC--S 02'33" 005 12/14 16:17 PUBLIC WORKS UF--S 01'13" 005 12/14 16:19 2082882501 EC--S 01'26" 005 12/14 16:21 8841159 EC--S 01'27" 005 12/14 16:23 208BB40744 EC--S 01'27" 005 12/14 16:25 2088845077 EC--S 01'26" 005 12/14 16:27 208 B98 5501 EC--S 01'25" 005 12/14 16:29 LIBRARY EC--S 01'54" 005 12/14 16:31 92083776449 EC-S 01'26" 00S 12/14 16: 33 8B8 6854 EC-S 01' 27" 005 12/14 16:35 2083757154 EC-S 01 '26" 005 12/14 16: 37 8950390 EC-S 01' 26" 005 12/14 16:39 Laurel EC--S 01'29" 005 12/14 16: 41 CHERRY LANE EC--S 01' 54" 005 12/14 16:44 POST OFFICE EC--S 02'33" 005 12/14 16:47 IDAHO ATHLETIC C EC--S 01'54" 005 12/14 16:49 ID PRESS TRIBlNE G3--S 03'09" 005 12/14 16: 53 208 888 6700 EC--S 01' 29" 005 12/14 17:04 JIM JOHNSON ----5 00'00" 000 THIS DOCUMENT IS STILL IN MEMORY CMD~ STATUS 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 OK 211 BUSY ------------------------------------------------------------------------------------------- ;J/ear-e /tJJ-f ~ ?JvU;C ;V'(t?!7k - lA.~J CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TUesday, December 18,2001, at 6:30 p.m. City Council Chambers 1. RoJl-call Attendance: - Tammy de Weerd _ Ron Anderson -- Gherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 13, 2001 City Council Regular Workshop: B. Approve minutes of November 20, 2001 City Council Regular Meeting: C. Approve minutes of November 27, 2001 City Council Regular Meeting: D. Approve minutes of December 4, 2001 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Approval: VAR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek SubdivIsion No.3 by Turtle Creek. LLC - west of North Linder Road and south of West Ustick Road: F. Findings of Fact and Conclusions of law for Approval: AZ 01- 014 Request for annexation and zoning of.66 acres from R-1 to R- a zones for Ted Cunningham by Ted Cunningham _ 125 Blue Herron Lane; G~ Findings of Fact and Conclusions of Law for APProval: PP 00.. 023 Request for Preliminary Plat approval of 30 building lots and 2 other Jots on 16.4 acres in an R-4 zone for proposed Autumn Faire MtridiM City CcUDdJ A&QIda - ~ ] 8,. :zoo I hp 1 of5 All mal<<ial. ~ m public mec:tintl JbaU b<<ome PftlPCrtY of the City of Mcridia.a.. Anyoue de:siriD& ~~~ fel' diabiJiti.ca rcbIod 10 documera ad'cr beuiacs pJeaae ~c:t tb.t City Cln'l Office.: 888-4433 at Jtaa... boon prior 10 the public me<<ing. jJleaJ~ j?~J-I- 6-~ fJtvUic /Va?/;i' - - 7A~J CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 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: B. Approve minutes of November 13, 2001 City Council Regular Workshop: Approve minutes of November 20, 2001 City Council Regular Meeting: Approve minutes of November 27, 2001 City Council Regular Meeting: Approve minutes of December 4, 2001 City Council Regular Meeting: A. c. D. E. Findings of Fact and Conclusions of Law for Approval: VAR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No.3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 01. 014 Request for annexation and zoning of .66 acres from R-1 to R- 8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: G. Findings of Fact and Conclusions of Law for Approval: PP 00- 023 Request for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Meridian City Council Agenda - December 18, 200 1 Page 1 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. Subdivision No. 2 by Gemstar Properties, LLC - east of North Black Cat Road and south of West Ustick Road: H. Findings of Fact and Conclusions of Law for Approval: VAR 01-017 Request for a Variance for Time Extension of one year time frame for Final Plat recording in an R-4 zone for Ashford Greens Subdivision No. 5 by Brighton Corporation - east of North Black Cat Road and north of West Cherry Lane: I. Lease Agreement with Meridian Area Senior Citizens Association: J. Beer, Wine, Liquor License 2002 Renewals: K. Ashford Greens Subdivision No. 5 Streetlight Agreement: L. Bear Creek No. 3 Streetlight Agreement: M. White Drain Trunk Sewer - Edith Cooper Easement: N. South Slough Sewer - Kennivick, et ai, Easement: o. Five Mile Trunk Latecomer Agreement: P. Swire Coca-Cola Addition - Waterline Easement: Q. Hark's Comer - Water and Sewer Line Easements: 4. Swearing in Police Officer Audra Urie: 5. Meridian Rural Fire Protection District Commissioner Steve Bravo - Presentation: 6. Department Reports: A. Public Work's Department - Gary Smith I Brad Watson: 1. Sewer Line Cost Reimbursement for Ed Sews: 2. WNTP Dissolved Air Flotation Thickener Project - Agreement for Professional Services: 3w Well No. 1 0 and Watertower Landscape Projects - Agreement for Professional Services Meridian city Council Agenda - December 18, 2001 Page 2 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. ( ** TX CONFIR~It-.J ION REPORT ** AS OF DEC 14 '01 17:57 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 30 12/14 17:56 208 336 5296 MODE MIN/SEC PGS CMDij STATUS EC--S 01'28" 005 213 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TueSday, December 18, 2001, at 6:30 p.m. City Council Chambers 1.. RoJl-caJl Attendance: - Tammy de Weerd _ Ron Anderson - Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3.. Consent Agenda: A. Approve minutes of November 13, 2001 City Council Regular Workshop: B. Approve minutes of November 20, 2001 City Council Regular Meeting: C. Approve minutes of November 27, 2001 City Council Regular Meeting: D. Approve minutes of December 4, 2001 City Council Regular Meeting; E. Findings of Fact and Conclusions of Law for Approval: VAR 01..()16 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: AZ. 01- 014 Request for annexation and zoning of .66 acres from R-1 to R- 8 zones for Ted Cunningham by Ted Cunningham _ 125 Blue Herron Lane: G. Findings of Fact and Conclusions of Law for Approval: PP 00- 023 Request for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Meridian City Council Agenda - December J 8, 200J P:lge I ot" 5 All maltrii.lls presented at publJC meetings shall become property of the City of Meridian. Anyone desiring ~commodalion for diSJ.bilities rel:ucd to documents and/or he:lrings please contact the City Clerk's Oak. "1888-4433 at least 48 hours prior 10 the public meeting. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 18, 2001, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: >< X Tammy de Weerd 0 Cherie McCandless )( K Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 13, 2001 City Council Regular Workshop: tJ./fp-rvv.e.- B. Approve minutes of November 20, 2001 City Council Regular Meeting: apr--tJ vZ<..-- C. Approve minutes of November 27, 2001 City Council Regular Meeting: ~Vlil- D. Approve minutes of December 4, 2001 City Council Regular Meeting: ap ~ VK..-- E. Findings of Fact and Conclusions of Law for Approval: VAR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: t{l'fJYO~ F. Findings of Fact and Conclusions of Law for Approval: AZ 01- 014 Request for annexation and zoning of .66 acres from R-1 to R- 8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: a//:wov..e.... G. Findings of Fact and Conclusions of Law for Approval: PP 00- 023 Request for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Meridian City Council Agenda - December 18,2001 Page 1 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. ( Subdivision No. 2 by Gemstar Properties, LLC - east of North Black Cat Road and south of West Ustick Road: t/lf7jli?/v-!- H. Findings of Fact and Conclusions of Law for Approval: VAR 01-017 Request for a Variance for Time Extension of one year time frame for Final Plat recording in an R-4 zone for Ashford Greens Subdivision No. 5 by Brighton Corporation - east of North Black Cat Road and north of West Cherry Lane: apjProf/'..e-- I. Lease Agreement with Meridian Area Senior Citizens Association: ~ /J~ --' It p/rov-- J. Beer, Wine, Liquor License 2002 Renewals: tll'J?T1? V'~ K. Ashford Greens Subdivision No.5 Streetlight Agreement: a~v-~ L. Bear Creek No.3 Streetlight Agreement: apprPv<-- . M. White Drain Trunk Sewer - Edith Cooper Easement: 4jJ(ln9 V~ N. South Slough Sewer - Kennivick, at ai, Easement: O. Five Mile T~Zomer Agreemen~ fttU..e. t1/1vh2 TdhUlvztj (.) '~/2ot>7- P. Swire Coca-Cola Addition - Waterline Easement: ~v~ Q. Hark's Corner - Water and Sewer Line Easements: ct~v~ 4. Swearing in Police Officer Audra Urie: cf'wtnh... l'JL 6tj /h~:Jcrr t!orrt'e,., 5. Meridian Rural Fire Protection District Commissioner Steve Bravo - Presentation: -fAafVIL:J P(;1.; 6. Department Reports: A. Public Work's Department - Gary Smith I Brad Watson: 1. Sewer Line Cost Reimbursement for Ed Sews: af/~v..e- 2. WWTP Dissolved Air Flotation Thickener Project - Agreement for Professional Services: a~f1rov~ 3. Well No. 10 and Watertower Landscape Projects - Agreement for Professional Services tt/?;rJrt!JY~ ~ 7. (Items Moved frolll Consent Agonda)-. JC}pJ*1lh-lho.fMvf ~I- jJkU~h''ntj ( Meridian City Council Agenda - December 18, 2001 2~ fri-::J CO)'h n--r ,Tr/ ~ S- Page 2 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. 14. 15. 16. 17. 8. tlffJ( }.-f- 'JJav/d.., J. 2aren"bc0 -Id'~ e.pL<<a...., f4J1J AJol-fl7-n....- 1-03 re-appl)')",.~ /C'evei1.- d"hreev-e- 1- tJ B Ordinance No. {I} 1-- t( J J' AZ 01-013 Request for annexation and zoning of 4.24 acres from M-1 to I-L zones for Coors Distributing by Coors Distributing - 3225 Commercial Court: ~V'~ Tabled from December 4, 2001: 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: .-fa~ ~Z 7/lhtuVl.-'j /5", t..t7()Z-~ Continued Public Hearing from November 27, 2001: Planning and Zoning New Fees and Fee Incre~ses: a/~rllq ~ ;>UfJ~ Y1e.J,plv,-,lt~ .(1n., 1.-2-02- e~--Fecf-/I/"(" 2--1--02- Continued Public Hearing from December 4, 2001: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: deAd bdc/c, 1-0 P'f("Z e~/J.r/~0 Continued Public Hearing from December 4, 2001: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 SQuth M~ridian Road: #1n1U'l fo /hf-pw.L n~ f 0(-( IU-t- ~J?rl'~ Continued Public Hearing from December 4, 2001: V AR 01-019 Request for a Variance to exceed 1 ,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian_Road: aHcnA.e'1 fp pref?tt-U -f'IFi C!-e ~a/,/rvv~ Public Hearing: V AR 01-018 Request for a Variance for maximum subdivision block length of 1 ,000 feet in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: a~~~ 1-0 P"UjJtv'U -/'1./''; O!,e /in af'~~ Public Hearing: FP 01--020 Request for Final Plat approval of 115 building lots and 19 other lots on 28.58 acres in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: I ,_ -<< a-lfn,M!.j -fo ~p tVvL ";:I? ( e /L nll.- 4 ?frl17V< Public Hearing: CUP 01-033 Request for a Conditional Use Permit for a Group Day Care with approximately six children in an R-8 zone for Virginia L. Beberness by Virginia L. Beberness - Lot 14, Block ~ of Tremont Subdivision: ." 2- a-f/n Itetj /rJ r~pp,v(--II /'- -t c! ~ ~ tfC/j9proVc.vL Public Hearing: CUP 01-034 Request for a Conditional Use Permit for an alternative school for Middle School and High School age students in Meridian City Council Agenda - December 18, 2001 Page 3 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. 9. 10. 11. 12. 13. 21. 22. 23. 24." 25. 26. 18. an R-4 zone for Joint School District No.2 by Joint School District No. 2 - 930 West Pine Street: ,. It afJp-t/c~r ?t/;f/L~trttlWIL af-~/ca./-f7)n....) Public Hearing: AZ 01-017 Request for annexation and zoning of .193 acres from RUT to R-4 zones for Packard Acres No. 1 by Packard Estates Developers, LLC - east of North Wingate Lane and south of East Ustick Road: L~ /'1 /' 4"" /17 L / . -,~ 17 i a.-(frtA.eij "f"l7 ;ne-pl'v\"( -rlr l' e(~ ru-z- ~pfJmv~ Public Hearing: AZ 01-016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian Storage by Touchstone Construction, Inc. - south of West Overland Road and west of South Meridian Road: . r/~ ...i e / P /?_. . ~__ tJ a-lkl?L eVj Iv pM fltvve..,. y-ft- Y (~fI' L- t'lpf1Tl:J v ~ Public Hearing: CUP 01-032 Request for a Conditional Use Permit for a Planned Unit Development and storage facility in a C-G zone for proposed Meridian Storage by Touchstone Construction, Inc. - south of West Overland Road and west of South Meridian Road: p. a -f-h 1-11. e'l to /Jr(fJiVLR.- ..f!/f- .; (! l-f ~ a PP r-t?vA.L Public Hearing: PP 01-019 Request for Preliminary Plat approval of 115 building lots and 10 other lots on 29.93 acres in an R-4 zone for proposed Woodbridge No. 2 by Woodbridge Community, LLC - east of South Locust Grove Road and south of East Franklin Road: a-fmJ'ley /lJ ;:nej/~ -f'/~ -I elt. m d.j7~~ Public Hearing: PFP 01-006 Request for Preliminary/Final Plat approval of 2 building lots on 10 acres in an L-O zone for Tramore Subdivision by Thomas Development Co. - south of West Pine Avenue and east of North Linder Road: , /' a/frr-ne'j 10 fJ~jYa~-rI+l el-e ~~j1~v~ Public Hearing: CUP 01-036 Request for a Conditional Use Permit for the construction of a 72 unit wood frame, three story senior apartment complex in an L-O zone for proposed Tramore Senior Community by Thomas Development, Co. - south of West Pine Avenue and east of North Linder Road: . ~ aT/Pr~ /-0 ~/~I'~ .fIr- i el.e ~ ~/~vd-. Public Hearing: VAR 01-014 Request for a variance for the requirement to record the Final Plat within one year of approval by City Council in an R-4 zone for Pintail Pointe Subdivision by Kelly Hunemiller - south of West Cherry Lan.e and east of North Black Cat ~oad: __ 11 ~mt fo jJl'i!!/~ ..jJ/Pif t!/',{ fry a~I"?lv~ FP 01-022 Request for Final Plat approval of 1 building lot on 2.44 acres in a C-G zone for Commercial Tire by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: u,~ aj/prvve w/1N ~lhd~ TE 01-009 Request for a One Year Time Extension for Final Plat for Packard Acres Subdivision No.2 by Packard Estates Developers - east of North Wingate Lane and south of East Ustick Road: tf/'fJro,,~~ Meridian City Council Agenda - December 18,2001 Page 4 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. 19. 20. 27. 28. l I Discussion of Old Fire Station Building as Surplus Property: /rtaij(;7)- Iv ~n~ki}v jJ6lff/7:Jee .e~Ch.aJ'~ Water, Sewer and Trash Delinquencies: tl/j7J?1l9 ,,~ Meridian City Council Agenda - December 18,2001 Page 5 of5 All materials presented at public meetings shan 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. ( C l 12//cg/O l ( Item Packet Pickup - ~ - -- · ......>project. ........... ...... .. 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"~~~~ /?/;r /:l\;..., .cJ] S;~*"(I.~~ ~ rZ/i?: "'5 :"5"*f/d '"'-'"" ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 18,2001, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd 0 Cherie McCandless X X Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 13, 2001 City Council Regular Workshop: Approve B. Approve minutes of November 20, 2001 City Council Regular Meeting: Approve C. Approve minutes of November 27, 2001 City Council Regular Meeting: Approve D. Approve minutes of December 4, 2001 City Council Regular Meeting: Approve E. Findings of Fact and Conclusions of Law for Approval: VAR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: Approve F. Findings of Fact and Conclusions of Law for Approval: AZ 01- 014 Request for annexation and zoning of .66 acres from R-1 to R- 8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: Approve G. Findings of Fact and Conclusions of Law for Approval: PP 00- 023 Request for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Meridian City Council Agenda - December 18, 2001 Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision No. 2 by Gemstar Properties, LLC - east of North Black Cat Road and south of West Ustick Road: Approve H. Findings of Fact and Conclusions of Law for Approval: VAR 01-017 Request for a Variance for Time Extension of one year time frame for Final Plat recording in an R-4 zone for Ashford Greens Subdivision No.5 by Brighton Corporation - east of North Black Cat Road and north of West Cherry Lane: Approve I. Lease Agreement with Meridian Area Senior Citizens Association: Approve J. Beer, Wine, Liquor License 2002 Renewals: Approve K. Ashford Greens Subdivision No. 5 Streetlight Agreement: Approve L. Bear Creek No.3 Streetlight Agreement: Approve M. White Drain Trunk Sewer - Edith Cooper Easement: Approve N. South Slough Sewer - Kennivick, at ai, Easement: Approve o. Five Mile Trunk Latecomer Agreement: Table until January 15, 2002 Meeting P. Swire Coca-Cola Addition - Waterline Easement: Approve Q. Hark's Corner - Water and Sewer Line Easements: Approve 4. Swearing in Police Officer Audra Urie: Sworn in by Mayor Corrie 5. Meridian Rural Fire Protection District Commissioner Steve Bravo - Presentation: Thank you 6. Department Reports: A. Public Work's Department - Gary Smith I Brad Watson: 1. Sewer Line Cost Reimbursement for Ed Bews: Approve 2. WWTP Dissolved Air Flotation Thickener Project Agreement for Professional Services: Approve 3. Well No. 10 and Watertower Landscape Projects - Agreement for Professional Services: Approve Meridian City Council Agenda - December 18, 2001 Page 2 of2 All materials presented at public meetings shan 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. Appointment of Planning and Zoning Commissioners - Appoint David J. Zaremba to replace Sally Norton 1-03 - Re-appoint Keven Shreeve 1-08 8. Ordinance No. 01-933 AZ 01-013 Request for annexation and zoning of 4.24 acres from M-1 to I-L zones for Coors Distributing by Coors Distributing - 3225 Commercial Court: Approve 9. Tabled from December 4, 2001: 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 January 15, 2002 Meeting 10. Continued Public Hearing from November 27, 2001: Planning and Zoning New Fees and Fee Increases: Attorney to prepare Resolution for January 2, 2002 Effective February 1, 2002 11. Continued Public Hearing from December 4, 2001: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Send back to Planning and Zoning Commission 12. Continued Public Hearing from December 4, 2001: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Continued Public Hearing from December 4, 2001: V AR 01-019 Request for a Variance to exceed 1 ,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: VAR 01-018 Request for a Variance for maximum subdivision block length of 1 ,000 feet in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: FP 01-020 Request for Final Plat approval of 115 building lots and 19 other lots on 28.58 acres in an R-8 zone for Macaile Meridian City Council Agenda - December 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. Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: CUP 01-033 Request for a Conditional Use Permit for a Group Day Care with approximately six children in an R-8 zone for Virginia L. Beberness by Virginia L. Beberness - Lot 14, Block 3 of Tremont Subdivision: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: CUP 01-034 Request for a Conditional Use Permit for an alternative school for Middle School and High School age students in an R-4 zone for Joint School District No.2 by Joint School District NO.2 - 930 West Pine Street: Applicant withdrawn application 18. Public Hearing: AZ 01-017 Request for annexation and zoning of .193 acres from RUT to R-4 zones for Packard Acres No. 1 by Packard Estates Developers, LLC - east of North Wingate Lane and south of East Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: AZ 01-016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian Storage by Touchstone Construction, Inc. - south of West Overland Road and west of South Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: CUP 01-032 Request for a Conditional Use Permit for a Planned Unit Development and storage facility in a C-G zone for proposed Meridian Storage by Touchstone Construction, Inc. - south of West Overland Road and west of South Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 21. Public Hearing: PP 01-019 Request for Preliminary Plat approval of 115 building lots and 10 other lots on 29.93 acres in an R-4 zone for proposed Woodbridge No. 2 by Woodbridge Community, LLC - east of South Locust Grove Road and south of East Franklin Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 22. Public Hearing: PFP 01-006 Request for Preliminary/Final Plat approval of 2 building lots on 1 0 acres in an L-O zone for Tramore Subdivision by Thomas Development Co. - south of West Pine Avenue and east of North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - December 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. 23. Public Hearing: CUP 01-036 Request for a Conditional Use Permit for the construction of a 72 unit wood frame, three story senior apartment complex in an L-O zone for proposed Tramore Senior Community by Thomas Development, Co. - south of West Pine Avenue and east of North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 24. Public Hearing: VAR 01-014 Request for a variance for the requirement to record the Final Plat within one year of approval by City Council in an R-4 zone for Pintail Pointe Subdivision by Kelly Hunemiller - south of West Cherry Lane and east of North Black Cat Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 25. FP 01-022 Request for Final Plat approval of 1 building lot on 2.44 acres in a C-G zone for Commercial Tire by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: Approve with Conditions 26. TE 01-009 Request for a One Year Time Extension for Final Plat for Packard Acres Subdivision No.2 by Packard Estates Developers - east of North Wingate Lane and south of East Ustick Road: Approve 27. Discussion of Old Fire Station Building as Surplus Property: Mayor to entertain possible exchanges 28. Water, Sewer and Trash Delinquencies: Approve Meridian City Council Agenda - December 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 Meeting December 18. 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, December 18, 2001, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless. Members Absent: Ron Anderson. Others Present: Gary Smith, Shari Stiles, Brad Watson, Bill Nichols, Mike Worley, William Musser, Sharon Smith, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd 0 Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: We welcome everybody here tonight and wish you a very Merry Christmas and a Happy New Year, in case you don't come back before our next meeting after -- well, I guess you won't, because this is the last meeting we are having this year. So a Merry Christmas and a Happy New Year from all of us here. I will open the Meridian City Council regular meeting on Tuesday, December 18, 2001, and 6:30 P.M. in the Council Chambers and I will ask the City Clerk to give roll call attendance, please. Item 2: Adoption of the Agenda: Corrie: Okay. The next item is the adoption of the Agenda. Let me inform the people in the audience that Item Number 17, which is a Public Hearing request for Conditional Use Permit for an alternative school for Middle School and High School age students in an R-4 zone for the Joint School District No.2, has been pulled from the agenda. They have pulled the request for a Conditional Use Permit, so we will not have Item Number 17 tonight. We won't have it. They pulled it off, so -- Council have any other things for the Adoption of the Agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On the Consent Agenda, Item Number 0, which is the Five Mile Trunk Late-comer Agreement, needs to be pulled and tabled to January 15, 2002, so our attorney can do some looking over the agreement. ( I Meridian City Council Meeting December 18, 2001 Page 2 ( Corrie: Okay. Item 0 on the Consent Agenda on the Five Mile Trunk Late- comer Agreement will be tabled until the January 15, 2002. Bird: And Mr. Mayor? Corrie: Mr. Bird. Bird: With the other Council people's permission on 7 we have -- we are not moving anything from the Consent Agenda, but we forgot to get something on there, so if we could put the appointment of our new Planning and Zoning Commissioners on Item Number 7, I'd appreciate that, if that's agreeable. Corrie: Okay. Any other Commissioners -- you want that put on Item Number 7? Bird: Yes. No, on Item Number 7, because we don't have -- unless you want to give us the names. I just thought we'd put it there. We are not moving anything from the Consent Agenda. Corrie: That would be fine. Okay. Then hearing nothing, I will entertain a motion for the Adoption of the Agenda. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the adoption -- adopt the agenda as -- Corrie: Okay. Motion has been made. A second? McCandless: Second. Corrie: All in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: THREE AYES AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of November 13, 2001 City Council Regular Workshop: B. Approve minutes of November 20, 2001 City Council Regular Meeting: c. Approve minutes of November 27, 2001 City Council Regular Meeting: ( i Meridian City Council Meeting December 18, 2001 Page 3 D. Approve minutes of December 4, 2001 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Approval: V AR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 01-014 Request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: G. Findings of Fact and Conclusions of Law for Approval: PP 00-023 Request for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Subdivision No.2 by Gemstar Properties, LLC - east of North Black Cat Road and south of West Ustick Road: H. Findings of Fact and Conclusions of Law for Approval: V AR 01-017 Request for a Variance for Time Extension of one year time frame for Final Plat recording in an R-4 zone for Ashford Greens Subdivision No. 5 by Brighton Corporation - east of North Black Cat Road and north of West Cherry Lane: I. Lease Agreement with Meridian Area Senior Citizens Association: J. Beer, Wine, Liquor License 2002 Renewals: K. Ashford Greens Subdivision No. 5 Streetlight Agreement: L. Bear Creek No. 3 Streetlight Agreement: M. White Drain Trunk Sewer - Edith Cooper Easement: N. South Slough Sewer - Kennivick, et ai, Easement: o. Five Mile Trunk Latecomer Agreement: \ Meridian City Council Meeting December 18, 2001 Page 4 P. Swire Coca-Cola Addition - Waterline Easement: Q. Hark's Corner - Water and Sewer Line Easements: Corrie: Item 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve the Consent Agenda with the one exception of Item 0, the Five Mile Late-comers Agreement to be tabled until January 15, 2002, and -- De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda, except for Item 0 to be tabled to the January 15, 2002, meeting. Further discussion? Mr. Clerk, roll call vote, please. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. All ayes, motion is carried. Item 4. Swearing in Police Officer Audra Urie: Corrie: Welcome you scouts that just came in just now. Troop 185. Welcome. Okay. Item Number 4 is the swearing in of Police Officer Urie. So if Audra Urie would come down and Chief? Worley: Thank you, Mr. Mayor and Council. Mr. Mayor and Council, our latest addition to the Meridian Police Department Audra Urie comes to us -- she's originally from Twin Falls and moved to this area. She has a Bachelor's Degree in education from Boise State University and is currently working on her Master's Degree, which she will have this spring. She's taught for the last 10 years in the Meridian School District, the last seven, I believe, at the Meridian Academy and we are very fortunate to have her join our ranks. Audra, do you have some people here to wish you well and if you want to introduce them. Urie: I just have a few friends here and my family and my two daughters, Ashley and Berkley. Worley: Okay. Mr. Mayor, if I could ask you to administer the oath. (Audra Urie sworn as a Meridian Police Officer.) \ Meridian City Council Meeting December 18, 2001 Page 5 Corrie: Congratulations. Worley: The Police Officer's badge is a very visible symbol of authority of a Police Officer, but it is also something else, it is the reflection of the duty, honor, and responsibility that the community bestows upon the officer and we issue the badge to the officer with the admonition to never let that reflection be tarnished. One of the defining moments of a police officerls career is the moment that their badge is pinned on officially for the first time and we allow the officer to invite whoever they would like to bestow honor on them and you have asked Detective Mike Lock to do that. So Detective Lock, if you would do the honors. Worley: Mr. Mayor, Council, citizens of Meridian, I present Meridian Police Officer Audra G. Urie. Item 5. Meridian Rural Fire Protection District Commissioner Steve Bravo - Presentation: Corrie: At this time I would like to present Steve Bravo as the Meridian Rural Fire Protection District Commissioner for a presentation. Steve? Bravo: Good evening, Mayor, Council Members. As an outgoing member of the Rural District Commission I would just like to come before you and publicly thank you for the efforts that you put into this Fire Department these last four years. It's just been phenomenal what we have done with this department and with the partnership that we had going it's just something that we can all be very proud of. I wish you guys continued success in this endeavor to build it up even farther. I would also like to thank a couple of ex-Council members that were here in the beginning, Cliff Bentley and Charlie Roundtree for their help when we first got started in this and last, but not least, Chief Bowers. I would like to thank him for keeping his sanity for these last four years. We have been all over him and hels done a great job putting up with us. Thanks again. Appreciate it. Ron is not here, but I would like to give a special thanks to Ron Anderson, because without him I donlt know how we would have made this thing pan out. Hels just been awesome and 11m sure it's taken a toll on his family life and he had a lot of friends in this department when he started, but it got -- you know, there was a lot of that in jeopardy, too, and pulled it off and just -- I canlt say enough thanks to him for everything he's done. So with that, we as a Commission would like to thank you or all your efforts and especially sticking with us in the beginning when we were bankrupt. You guys stood by us and got us through until we got our funding and it's just been a great four years and I think it's something that this Council can truly be proud of. That really is something you donlt see every day. You guys have done a great job. Thank you. Bird: Thank you. ( Meridian City Council Meeting December 18, 2001 Page 6 Corrie: Thank you for the fine job you and the Commission have done for the rural and city both in working with us. I think we went through some hard times, now we are at some good times, and you have done a tremendous job, Steve. So, again, thank you very much from myself and the Council. Bravo: Thank you. Item 6. Department Reports: A. Public Work's Department - Gary Smith I Brad Watson: 1. Sewer Line Cost Reimbursement for Ed Sews: Corrie: Item No.6, Department Reports. Public Works Department Gary Smith and Brad Watson. Smith: Thank you, Mr. Mayor and Council Members. The first item we have on the agenda for Department Reports is a reimbursement request to Mr. Ed Bews, developer of Sridgetower Subdivision for installation for a sewer trunk line. On the screen on the wall over there is a drawing. The Wastewater Treatment Plant shown at the lower left corner is where the installation of the trunk line started. The line that Brad has the cross hairs on right now is the 36-inch diameter line that was constructed from a point on the northeast side of the Creason Lateral eastward to Ten Mile Road. This length of line was built by Mr. Sews as part of his development that's called the Ten Mile Mini Storage Project that you're probably all aware of out there in that area next to the Wastewater Treatment Plant. It was done at the time that he built the Mini Storage Plant -- or Mini Storage Project, so that it would be ahead of his project or in conjunction with his project and would allow him to do his project and not have the city come back in and disturb what work he has done or had done or was going to do. The other part of the extension that Mr. Sews did was from that point north on Ten Mile Road to the White Drain sewer, which is right there where the cross hairs are. It's also near the beginning of what has been termed the White Drain Trunk Sewer. Also included as part of Mr. Sews' project is continuing north from that point with a 27-inch diameter sewer to McMillan and that's where the cross hairs are right now. The sewer that's been constructed so far is the 36-inch from the Wastewater Treatment Plant to Ten Mile Road, and then north from that point a 30-inch diameter line to the White Drain. Also as part of the project out there and Mr. Sews' mini storage, the approximate 800 linear feet of 24-inch diameter sewer was also constructed along the frontage of his project by him from a diversion point that is connected to what is presently under construction and termed the Five Mile Creek Relief Sewer. That is being constructed by the City now under contract with the Brown Construction. The lengths of 36-inch diameter sewer and the lengths of 30-inch diameter sewer and the 27 -inch diameter sewer will provide service to not only the White Drain, but also to the North Slough, two large significant drainage areas. These projects Meridian City Council Meeting December 18, 2001 Page 7 were built by Mr. Sews as part of his projects. The 36, as I mentioned, was part of The Ten Mile Mini storage Project, the 3~-inch and the 27 -inch being built as part of his Bridgetower project. The 27 -inch, actually, will -- 11m not sure that it serves the Bridgetower Project as such, but it is being extended to McMillan Road in order to get out from -- his project does have frontage along there and so ifs being extended to McMillan Road for that reason. The City has previously reimbursed Mr. Bews for approximately 800 linear feet of 24-inch sewer that was built in front of this project. That was built at the time ahead of his project -- of the Ten Mile Mini Storage Project, so that his project could be constructed and the operation of his project would not be interrupted at a future time by construction of that sewer line by the City. The City did have that as part of their planned sewer line extension work. I had previously had some conversations with Mr. Sews concerning these projects and told him that I would support a request to the City Council for reimbursement, as long as we had some bids submitted by him from his contractors that he was bidding his project through as long as the projects were built in accordance with the City standard specifications. As long as the City inspected the sewers and found them to be constructed in accordance with our standards. All of that has been done. As I mentioned earlier, the only portion of the sewer that is not constructed to date is the 27 -inch, but McKay Construction is under contract with Mr. Sews to construct that sewer. Copies of the estimates or the bids are attached to your packet from the three construction companies. There is also an analysis of the bids that the City Engineer Brad Watson has done in comparing the bids of Mr. McKay, McKay Construction, to work that the City has had done and there is also a comparative table with the other two contractors that submitted bids to Mr. Bews for your review, so can you see the comparisons of that. As I mentioned, the Public Works Department would support the request for reimbursement. We are trying to get away from the individual Building Permit Late-comer Fees, because of the accounting nightmare that it's caused us. This would allow us to not have to deal with a Late-comer Agreement for Mr. Bews and managing an agreement such as this, which is going to serve an extremely large area. We would, of course, assess a trunk line connection fee to any property that does connect to this trunk or that does have service to this trunk and as I indicated earlier, that would include the White Drain service area, as well as the North Slough service area. There would be a small amount of service area to the west side of Ten Mile Road that would also access into this line. It doesnlt extend very far west of Ten Mile Road, but there would be some. It has been I think to our advantage to have this work done by private enterprise, in terms of just getting it done. They have been able to move quite quickly with it and got a good contractor on the project. We are getting some quality work, and I guess I don't have anything else to say and I will answer any questions that you may have. Corrie: Council, any questions? Bird: I have none, Mayor. Meridian City Council Meeting December 18, 2001 Page 8 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Gary, has the Trunk Line Fee been predetermined by your office? Smith: Councilwoman de Weerd, Mayor and Council, Brad has determined a very preliminary number of something like 30 to 40 dollars per house based on the very large drainage area. De Weerd: And you have discussed that with the applicant, with Mr. Sews? Smith: We would assess that against each subdivision. As subdivisions are proposed the subdivisions would pay the Late-comer Fees up front for the entire subdivision that's being platted. We wouldn't -- as our present policy says, we assess that now on the full size of the subdivision, rather than each individual Building Permit. De Weerd: Right. And so he's aware of that? Smith: Yes. De Weerd: Okay. Well, I'm certainly not a supporter of Late-comer Fees, so this is a good thing. Corrie: Any other questions, Council? Bird: I have none, Mayor. Corrie: Okay. I will entertain a motion on Mr. Smith's request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Is this agreement with Ed himself or is it Primeland Development? Or Primeland, Incorporated? Smith: Councilman Bird, Mayor and Council, the bids are all addressed to Primeland Development. Bird: I'll make it my motion. Mr. Mayor? Corrie: Mr. Bird. ( Meridian City Council Meeting December 18, 2001 Page 9 Bird: I'd move that the Council approves the reimbursement request of 355,885 dollars to Primeland, Incorporated. De Weerd: Second. Corrie: Motion has been made and seconded to approve the reimbursement of 355,885 dollars. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no. All ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Smith: Thank you, Mr. Mayor and Council. I'll turn the microphone back over to Brad for the presentation on the other two items. 2. WWTP Dissolved Air Flotation Thickener Project - Agreement for Professional Services: Watson: Mr. Mayor, Council Members, the second Public Works Department report item is an agreement for professional services for the design of a Dissolved Air Flotation Thickener for the Wastewater Plant. This is a -- you don't need to know the process, but it's a sludge thickening process. I can go into greater detail if you want, but -- De Weerd: That's all right. Watson: Yes. That's what I thought. Actually, it's pretty cool. You ought to see it sometime. The existing unit out there, which is original equipment, built in the '78 to '79 time period, and it is becoming overloaded. It's a manual operation. Both shifts are running it full time, seven days a week, so it's not only to provide some redundancy, but to cut down on the staff hours running this particular unit. We decided to build a parallel unit and it is partially, at least, included in the fiscal 2002 budget. We issued a request for proposals on this project. We had five respondents. John Shawcroft, Superintendent, Lynn Grady, our Staff Engineer, and myself went through those proposals and with Gary's concurrence we decided to solicit an agreement from Keller Engineers, who has completed bio solid watering project last year and into this spring and that was successfully completed. They have provided a signed agreement to me today. The one in your packet is not signed. The one thing to point out that's not in your packet is that the budget item for this is 500,000. Their preliminary construction cost estimate is 650 to 800,000, so at some point we are going to need to come back for a budget amendment, as the design gets a little further along. Unless there are any other questions, I would recommend that Council award the agreement for professional services for the Air Flotation Thickener to Keller Engineers in the lump sum amount of 95,877 dollars. Bird: Mr. Mayor? { Meridian City Council Meeting December 18, 2001 Page 10 Corrie: Mr. Bird. Bird: Brad, is this -- is this for the professional services, plus construction management of the project? Watson: Councilman Bird, Mayor and Council, we -- originally we solicited an agreement that did include those, but the scope is a little nebulous at this point. We thought, as we get farther into the design we can nail down the exact structure size and how much inspection needs to be done at that time. They proposed to just provide a ask order number to -- I guess it involves the bidding service -- well, not bidding services, but the construction management services. Bird: Okay. So this is just professional design services and stuff like that? Watson: Councilman Bird, that's correct. This is designed and bidding services only. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So within those professional services they will include a budget, so you will have a better idea of what the actual cost will be? Watson: Council Member de Weerd, Mayor and Council. Right. Exhibit A, the last page in the packet, has a detailed breakout of the individual task costs. Task 3, Item 3 is a cost estimate, which they will provide. De Weerd: And they'll evaluate the bid to make sure it's within reason? Watson: Council Member de Weerd -- De Weerd: Is that included in that? Watson: It is. That's included in services during bidding. Normally on a project of this size, both Public Works and the consultant collaborate to evaluate the bid. De Weerd: Okay. Thanks. Corrie: Any other discussion? Hearing none, I will entertain a motion on the agreement. Bird: Mr. Mayor? Corrie: Mr. Bird. ( Meridian City Council Meeting December 18,2001 Page 11 ( Bird: I move that we award the agreement for professional service for the Dissolved Air Flotation Thickener Project to Keller Engineers in the lump sum of 95,877 dollars and authorize the Mayor to sign and the City Clerk to attest. McCandless: Second. Corrie: Motion has been made and seconded to approve the Wastewater Treatment Plant dissolved Air Flotation Thickener Project. Any further discussions? Hearing none, all those in favor say aye. Opposed no. All ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT 3. Well No. 10 and Watertower Landscape Projects - Agreement for Professional Services: Watson: Thank you. The third item on the Public Works Department report items is another agreement for professional services for Well No. 1 0 and also for the elevated Watertower Landscape Projects. These are actually two separate agreements. They include surveying and pre-design only. They did provide a proposal for full design, but we didn't really know what we wanted there, so at Gary1s suggestion we pulled those out so that they can provide us with some conceptual sketches. Well No. 10 is an eye sore, if you're familiar with that. It's on the corner of Jericho and Willowbrook and it is simply gravel right now. We wanted to get that done and also with that acquisition the rest of the lot on which the watertower is located we thought it would be a good time to get that taken care of and get that dressed up a little bit. The Land Group is the proposed consultant on this. I think the City is very familiar with this group, both from our own City projects and from theirs that they do for the development community. Unless there are any questions, we'd recommend award for Well No. 10 pre- design and the Watertower Landscape Projects to The Land Group in the lump sum amounts of 1 ,600 and 2,050 dollars respectively. I guess that's it. Corrie: Okay. Questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, when you decide to go out and do these pre-designs, do you approach other companies as well for bids or prices or did you just go to the and group? Watson: Council Member de Weerd, Mayor and Council, these are -- the quick answer is, no, we didn't go to anybody else. It's such a small amount that -- ( Meridian City Council Meeting December 18, 2001 Page 12 usually over -- well, by statute over 25,000 we would be required to go through the formal request for proposal process. Being a water and sewer guy I'm pretty unfamiliar with landscaping, but we do deal with The Land Group a lot, because they have a civil section in that group. They seemed to be the logical choice. We don't bid landscaping or design services at all, so all we can evaluate is the qualifications if we did go through that process, but-- De Weerd: And I realize that we use The Land Group quite often. I guess my concern is -- and seeing it from the park standpoint as well, is there are a lot of companies out there that do this type of work and we don't want to single out any one company all the time to exclude -- to exclude the others. So I guess the sensitivity is out there and I want to make sure that we maybe keep that in mind in the future. Watson: Council Member de Weerd, we can certainly do that and on a larger project we would most definitely do that. A lot of -- we do the RFP process quite a bit and it takes an extremely large amount of time and effort, not only our part of it, on the consultant's part and for the size of the project I'm not sure that it's wa rra nted . De Weerd: I understand that. Watson: But we will in the future. Maybe we should develop a roster of different design professionals from different disciplines that we can pick and choose from. De Weerd: I think that would be helpful. With that I'll go ahead and make a motion to award the agreement for professional services for Well No. 1 0 and the Watertower Landscape Projects to The Land Group in the lump sum of 1,600 and 2,050, respectively, and authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion has been made and seconded on request for Well No. 1 0 and Watertower Landscape Project. Any further discussion? If not, all those in favor of the motion say aye. Opposed no. All ayes. Motion approved. MOTION CARRIED: THREE AYES, ONE ABSENT Watson: Thank you, Mayor and Council. Item 7. Appointment of Planning and Zoning Commissioners Corrie: Thank you. Item No.7, which is from the Consent Agenda, which was placed for the appointment of a -- one of the two Planning and Zoning Commissioners. This one would be taking Sally Norton's seat on the Planning and Zoning Commission and we still have one more for next year when Mr. Bill Meridian City Council Meeting December 18, 2001 Page 13 Nary gets sworn onto the Council and will go off of Planning and Zoning. So at this time I would like to recommend two appointments. One is a reappointment and the other is an appointment to replace Sally Norton on Planning and Zoning. The replacement person would be David J. Zaremba, who lives at 2540 North Crooked Creek Way in Meridian, Idaho. You all have his bio given to you. I would also reappoint Keven Shreeve to the Planning and Zoning. His appointment expires on January 1, 2002. So I guess I will present the name of the David J. Zaremba first to be placed on the Planning and Zoning Commission. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: When would that expire then? Corrie: This would expire one of 2003. De Weerd: And has David been contacted? Corrie: Yes I spoke myself with -- De Weerd: And he really wants to do this? Corrie: Yes. Myself and Keith Borup, the Chairman of the Planning and Zoning, we drilled him pretty good and we had some others that we talked to as well. We both agree that David would be a good Planning and Zoning person and we both agreed to that. Yes, he knows what he's getting into. De Weerd: Okay. Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I would move that we approve the appointment of David Zaremba for our new Planning and Zoning Commissioner through the term of January 2003. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve David J. Zaremba to replace Sally Norton on the Planning and Zoning Commission for the term of -- until the year 2000 -- January 2003. And any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no. All ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT ( Meridian City Council Meeting - December 18, 2001 Page 14 ( Corrie: The other one I might mention is to reappoint Keven Shreeve. He came on in February 6, 2001 and he replaced the one that left and his term would be starting again on one of 2002. Bird: How long will his term be for? Corrie: That will be -- probably be one, two -- got six years. So it will probably be Bird: -- 2003, 2000 -- Corrie: I think probably 2005, if I'm not mistaken, because, again, one, two, three, four -- and I think he -- I would have to make sure. He took somebody's place that was up on 2002, so six years would 2007. 2007? De Weerd: Eight. Corrie: I'm sorry eight. De Weerd: January 2008. Corrie: January 2008. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the appointment of Keven Shreeve to be reappointed to his_ term to January 2008. Bird: Second. Corrie: Okay. Motion has been made and seconded to reappoint Keven Shreeve until 2008, January. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Ordinance No. AZ 01-013 Request for annexation and zoning of 4.24 acres from M-1 to I-L zones for Coors Distributing by Coors Distributing - 3225 Commercial Court: Corrie: Item No.8, then, is an ordinance, request for annexation and zoning of 4.24 acres from M-1 to I-L zone for Coors Distributing by Coors Distributing, 3225 Commercial Court. We need the number and -- are you looking it up? 933. 01- ( Meridian City Council Meeting December 18, 2001 Page 15 ( 933. Okay. If the City Clerk would read Ordinance Number 01-933 by Title only at this point. Berg: Mr. Mayor, Members of the Council. Ordinance Number 01-933. An Ordinance finding that certain land to be known as Coors Distributing Company, the location of which lies contiguous or adjacent to the City limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the Council. That said land be annexed to the City of Meridian and zoning designated Light Industrial District, I-L and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordnance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of Ordinance Number 01-933 by Title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I'll entertain a motion, then, Council, on the annexation and zoning request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we pass Ordinance No. 01-933 with suspension of rules. De Weerd: Second. Corrie: Okay. Motion has been made and second to approve Ordinance No. 01- 933 with suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Role Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, absent. Corrie: All ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Tabled from December 4, 2001: 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: ( Meridian City Council Meeting December 18,2001 Page 16 Corrie: I hope everybody doesn't feel uncomfortable with my throat. It sounds worse than it feels, but weill see after we get through the rest of the night here. Item Number 9 is tabled from December 4th. This is a 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. Is the representative of Staten Park Subdivision here tonight? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think we had a request to table this to our next meeting, which is on January 2nd 1 but I would suggest that we table it to January 15th. Bird: I would second that. Corrie: Okay. De Weerd: So I will move that we table this item, request for Final Plat approval for 23 building lots and 5 other lots for Staten Park Subdivision to January 15, 2002. Bird: Second. Corrie: Is that a workshop? Bird: No. De Weerd: No. Bird: The workshop is on the 8th. Corrie: The 8th. Got you. All right. Motion has been made and seconded to table Item Number 9, the Final Plat No. 01-015 until the January 15, 2002 meeting. Any further discussion? Okay. Hearing none, all in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. Before I start with the Public Hearings, first let me -- all the staff that is going to give testimony raise your right hand, please. I have got to swear you in, as we will all the people that -- this is required by law now. So if you will raise your right hand if you are going to give testimony on staff. Do you promise \ Meridian City Council Meeting December 18,2001 Page 17 and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you? (Staff Affirmed.) Corrie: If there is anybody in the audience that has come to testify tonight, it will speed this up if you will just raise your hand right now and -- if you want to testify and I'll read this and then you can say I do and we are all set. If you decide you want to do it afterwards, you still can, but we will do it again. Okay. 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? (Audience Members Affirmed.) Item 10. Continued Public Hearing from November 27, 2001 -- Planning and Zoning New Fees and Fee Increases: Corrie: All right. You're all swore in and the rest of you we won't swear at you. Okay. Item Number 10 is the Continued Public Hearing from November the 27th. This is the Planning and Zoning new fee and fee increases so I will open the Public Hearing -- Continued Public Hearing and have staWs comments first. Stiles: Mr. Mayor and Council, hopefully you have had a chance to see the table of the rate comparison with the surrounding communities. I also have Star's fees, but wasn't able to get them on the page and be legible. After reviewing some of the costs that would have been generated using these fees last year, it - - and itls just a rough figure. It would have been approximately 250,000 dollars, as opposed to the 84,000 that we actually received last year. I would suggest one change or modification to the fee and it was something that I hadn't really thought out and that was the Conceptual Planned Development fee. Because our Planned Development Ordinance does currently allow them to come in with a concept, but then -- which requires them to come in later with an actual detailed plan of their development and I would like to propose that the Concept Plan have a fee of the 480 dollars, plus one dollar per residential unit and two cents per square foot of non-residential buildings. Do you have any questions about any of these fees or -- it was real hard to compare apples to apples with these other cities, because the process itself can be very diverse from city to city and we are bound by our ordinance as to the process we follow on some of these applications. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Shari, I know that your staff has spent a considerable time tracking the number of hours that they put into each of these different application types, ( Meridian City Council Meeting December 18,2001 Page 18 so that was very much appreciated. I know that we had the backup information, if any, if there was any question. I do have a question. At our last meeting there was testimony on two specific items. I guess I had a question as far as the staff prepared consensual annexation application. Is that done very often and, if so, how often? Stiles: It would be rarely done. It has just come up recently when we had these agreements, you know, as an emergency when people come in and their septic as failed and we have to connect the City services. So when the City agrees to connect them, they also agree to be annexed into the City of Meridian. The City could prepare those and will prepare those, but in order to recover our costs we would need to -- because of publication charges and staff time and also we would have to prepare a legal description. We have to actually hire that out to get a legal description prepared and the time involved for, you know, the City Attorney and staff, it was felt that we would charge them the 1, 100, plus 15 dollars per additional acre for -- if we had to prepare it and it's an incentive for them to prepare the application themselves, because it would be so much less. So they would basically -- it would be twice the amount of money for them to ask us to prepare it, as it would be for them to prepare it themselves. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Shari, what do the other cities do? They just flat don't prepare them, do they? If you want an annexation you bring it in yourself and prepare it and don't have the staff prepare it; is that right? Stiles: Yes. Unless you -- you know, you don't force annexation, so -- and in Boise's case they just did the mass annexation, probably with -- I don't know if they did one legal description or what, but, obviously, that paid for itself in taxes by them doing that. So it would take awhile to actually recoup the cost of preparing the application through property taxes on many of these, because they are just small -- usually it's only a house. Bird: I don't know why we even want to get in the business of preparing an annexation. Let them do them. You know, if they want service they can bring in a prepared application to us and do all the stuff. Evidently the other cities feel the same way. There is no reason to get into that business when your staff has enough to do without preparing somebody's annexation. Stiles: The reason for that fee was because the way that the current agreements are set up, it indicates in that agreement that their signing that agreement is their request to annex, so we didn't -- maybe Mr. Nichols can clarify it better. ( Meridian City Council Meeting December 18, 2001 Page 19 ( Nichols: Mr. Mayor, Members of the Council, in some of these instances you have maybe a sewer line or a water line running down the road, but the parcel that's affected is not yet contiguous to the City limits. It might be between one part of the City to another part and it's not contiguous to the City limits. The agreement says that they will annex when they are contiguous and if we don't collect a fee from them, then later on down -- it might be two or three property owners down the road when they are contiguous and then we get into the situation of going to them and saying we are going to shut off your sewer or we are going to shut off your water if you donlt get this annexation done and pay the fees that are in effect at the time. So that's one situation. The other situation is maybe they are contiguous, but it's a retired couple and they don't have any plans to develop these three quarters of an acre. They need to be annexed and so right now we have got some of those agreements out there where somebody's going to have to prepare these annexation applications and we have mailed letters to people telling them what the application fee is. We are just trying to make sure that there is a mechanism to recoup costs incurred by City staff if it's one of those situations where it's not somebody that's familiar with an annexation application. That's why I suggested that Shari should put this in. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess, Shari, if you have good documentation on the number of hours -- your department is self-reliant on its own fees, so as long as it's substantiated, then I don't have an issue with that. Corrie: Okay. Anything else, Shari? Stiles: Mr. Mayor and Council, we are reliant on our fees. We also get money from the Building Permit process, but of the approximately 250,000 dollars which would have generated last year, you know, that would only pay -- that would pay less than half of our budget. At least it would come closer to paying the actual cost of having to do these applications and all the work that goes into those. Corrie: Okay. Any other questions from staff? Okay. Since this is a Continued Public Hearing, is there anyone from the public who would like to testify in favor - - or just testify? Okay. Hearing none, Council, any questions? De Weerd: I have none. Bird: I have none, Mayor. Corrie: Okay. Then-- De Weerd: Mr. Mayor? \ Meridian City Council Meeting December 18, 2001 Page 20 Corrie: -- I'll entertain a motion. De Weerd: I move we close the Public Hearing. McCandless: Second. Corrie: Motion has been made and seconded to close the Continued Public Hearing on the Planning and Zoning new fees and fee increases. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Any further discussion? Hearing none, I'll entertain a motion now for the request for the Planning and Zoning new fees and fee increases. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: The attorney would like to -- Corrie: I don't think I'll let him talk. Yes, Bill. Nichols: Mr. Mayor, Members of the Council, a couple things that I'd ask you to consider. One is you need to tell us the effective date. Secondly, we need to prepare a resolution and bring it back to you for adoption, so that you actually adopt the fees by resolution. De Weerd: Mr. Mayor, what would the time frame of the resolution be, so we know a good effective date? Nichols: Councilwoman de Weerd, Members of the Council, you don't have another Council meeting until January 2nd and we can certainly have it ready by then. De Weerd: So we could make it effective at the beginning of the year. Nichols: Well, it would be a little difficult, because you're going to be open for business on the 2nd of January. I would suggest that you give at least some period of notice. Maybe two weeks, 30 days. De Weerd: Okay. Corrie: February 1 st. f Meridian City Council Meeting December 18, 2001 Page 21 ( De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the Planning and Zoning new fees and fee increases, to instruct the City Attorney to prepare a resolution for January 2nd, and to set the effective date as February 1 , 2002. Corrie: Okay. Do I hear a second? McCandless: Second. Corrie: Motion has been made and seconded for the effective date of the Planning and Zoning new fees and fee increases to be February 1, 2002 and the resolution be presented on the January 2, 2002 meeting. Discussion? Okay. Hearing none -- Stiles: Mr. Mayor and Council, I didn't hear in the motion anything about the concept plan. Do you have any thoughts on that or-- De Weerd: That would include the fee structure as suggested by staff. Does the second agree? McCandless: Yes. Stiles: Thank you. Corrie: Any other discussion? Okay. Hearing none, roll call vote, Mr. Clerk. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, absent. Corrie: Okay. Three ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. Continued Public Hearing from December 4, 2001: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Item 12. Continued Public Hearing from December 4, 2001: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: I f ( Meridian City Council Meeting December 18, 2001 Page 22 ( Item 13. Continued Public Hearing from December 4,2001: VAR 01-019 Request for a Variance to exceed 1 ,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Corrie: Item No. 11 is a Continued Public Hearing from December the 4th. This is a request for a Preliminary Plat approval for 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for the proposed Kodiak Subdivision by Kodiak Development, LLC. We also have a Continued Public Hearing on the Conditional Use Permit of a Planned Unit Development for a private RV storage and reduced lots on the Kodiak Subdivision. Also a Continued Hearing on the Variance of 1 ,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet of maximum length requirement in an R-8 zone for Kodiak Subdivision. So since all three of these are related to the Kodiak Subdivision I will open the Public Hearing on all three, testimony will be taken for all three and given equal value with the testimony. So at this time I will open the Public Hearing and staff comments first. I believe we have also some other staff that have been asked for -- the police and fire on this is that correct? Okay. Shari. Stiles: Mr. Mayor, Council, and Legal Counsel can correct me if I'm mistaken, but I think if you take action on these tonight it needs to be the Variance, then the Planned Development, then the plat. Corrie: Right. Stiles: And you opened all three, Mayor? Nichols: Mr. Mayor, I concur with Shari1s order for action and she asked if you had opened all three Public Hearings. Corrie: I did and you want the Variance first? Stiles: Yes. Corrie: And then the Preliminary Plat and then the Planned Unit Development? Is that the order? Stiles: The Variance, Planned Development, then the plat. Corrie: Then the Plat. Okay. Got you. Stiles: I believe this is continued from your previous meeting and you had some ( Meridian City Council Meeting December 18, 2001 Page 23 issues with regard to the access from Meridian Road. We did receive another letter from the Idaho Transportation Department today discussing the access off of Meridian Road. I don't know if all of you were able to review that. It's from Mr. Dan Kuntz, PE. If I could just read it briefly, I will give this to Will. It says after preliminary review of your proposed access, the Idaho Transportation Department feels that access to the full subdivision would not be in the best interest of the traveling public. However, a joint use with the church property and your commercial property on the east end of your property might be feasible if the residential access is through the residential subdivision to the west of your property. I know that -- and that deals more with the plat itself and we have a representative from Ada County Highway District here tonight to discuss their issues, but what the Transportation Department is proposing is that they would allow, since this is part of a Planned Development, part of their exclusion, it would allow for a different use. They would let them access Meridian Road only for this use, which access would be shared with the Nazarene Church that's to be developed here, but that the remainder of the subdivision would have to access through the Bear Creek Subdivision. The Variance that's been requested is because of the block length. They exceed the maximum block length for our ordinance, which is 1 ,000 feet, and also they would exceed the cul-de-sac or dead-end road length, which is a maximum of 450 feet. They are somewhat constrained as far as being able to access by way of a stub street either to the north or the south and with the decision or the recommendation. At least, by the Idaho Transportation Department, it didn't sound like they are going to accept a through street to connect to the Bear Creek Subdivision. I will go on to the Conditional Use Permit. I think you reviewed that in some length at the last meeting. The Planned Development is being asked for because of the reduced lot sizes or these setbacks, the RV storage and the commercial use out front, which is allowed through a Planned Development. This is being developed through the old Planned Development Ordinance, I believe, and I guess Mr. Jewett can correct me if I'm wrong on that, but that's what I recall. The Bear Creek Subdivision, of course, their lots are abutting here. We don't have the information from the Assessor's Office yet to show that on a map for you. The Elk Run Subdivision is in this area. They are proposing the commercial use out front with no plan yet. If this were approved they would be required to come back through the Conditional Use process to actually get a detailed plan approved of that. They are proposing the RV storage back here. I believe that the plan has probably changed from this plan you're seeing up on the screen tonight. However, we don't have a copy of any changed plans. It is a very difficult piece of property to develop. However, we didn't feel it was compatible with the adjacent land uses at this time. The Preliminary Plat, of course, the major issue there is the access to Meridian Road. I believe that the Fire Department and the Police Department both want access to and through this property from Meridian Road, because it would be a very circuitous route to get to the residential homes there. I believe they have been discussing some kind of a gate or some means that would allow emergency vehicles to crash through if they should be needed in that area. I will let them speak for themselves. ( Meridian City Council Meeting December 18, 2001 Page 24 Bowers: Mayor Corrie and City Council Members, Deputy Chief Silva was involved with this discussion with you awhile back. Yes, it will extend our response time considerably having to go down and around and come back through, but we did approve some kind of a gate system if they could put a gate system that we go through there. We discussed that, but I have not seen any plans on any gates being there yet. To my knowledge I haven't seen a plan. Musser: Mayor Corrie and Members of the Council, Chief Worley had me review the information that he had received reference this development. We also had some concerns within the Police Department as to access and mainly having timely access into a fairly dense residential area there without having to go all the way around. Additionally, where there is already an access there to the lots within the area, we also had some sort of a question as to whether or not it could actually be shut down by ITD at this point with the existing lot and we had some concerns there. In reference to gating it or placing bollards into the area, we would recommend against the bollards at this point, as there are some significant problems that can be encountered with that. However, if the Fire Department has entered into looking at a gating type system that might well be an alternative. Short of that, the Police Department recommendations were to look at a through access with it, but also within the plan incorporate significant traffic calming on Highway 69 in the form of raised dividers and funneling access or restrictive right turn only out of this subdivision, as well as into it. Then a restricted funneling access for left turns into it by utilizing raised dividers. Some of you may be familiar with the area over by Centennial High School on McMillan Road with the residential area across from that and the multi-lane roads that we have on McMillan. It would be that type of an engineering alternative that we would be looking at. In addition to that, because we recognize there will be a church developed at one time or another to the south of this area, we are still going to have traffic one way or the other when we look at it. We will have to look at that traffic calming aspect one way or the other and one of those other recommendations that we are posing from the Police Department is a reduction in the posted speed on Highway 69 to a 35 mile per hour corridor within that City limits area between Victory and Overland Road. They currently have dropped it to 45. However, relative speeds associated with 45 mile per hour on that type of a roadway out there still leaves us with an average speed of anywhere from 40 to 60 miles per hour on normal commuting days. Corrie: Okay. Thank you. Any questions of staff at this point? Shari, do you have anymore? Stiles: Mr. Mayor and Council, I believe Christy Richardson is here from the Ada County Highway District, as you requested, I believe. Corrie: Christy. { Meridian City Council Meeting December 18,2001 Page 25 Richardson: Good evening, Mr. Mayor, City Council Members. My name is Christy Richardson representing Ada County Highway District this evening. My address is 318 East 37th Street in Garden City. I, like Mayor Corrie, hope I can get through the evening with my voice. I come here tonight at your request to discuss the access and the through street in this Kodiak Subdivision. Staff -- I was speaking with traffic services staff at the Highway District and we came up with an alternative that I would like suggest to you. I believe in the last letter that you received from me, the recommendation and approval from the Highway District Commissioners was that the proposed local street not connect all the way through to State Highway 69. Because of the applicant's concern of over extending sewer into the site off Highway 69 in the public road right of way, the Commissioners were willing to let the applicant construct a public road off of Highway 69 and a local street within the subdivision and the local street coming off of State Highway 69 not connect, so we would have two cul-de-sacs that would end into each other. Understanding the concern of the emergency fire and the police, lid like to recommend an alternative which we used in Boise in the Curtis Mountain View area where we have got a similar situation of two roads just kind of dead-ending into each other and we used a grass creet type situation, so that emergency vehicles can easily get from one road to the other. In this situation you could place a grass creet and also have an emergency gate or bollards. However, bollards can pose some problems for emergency crews, but the gate would certainly work in that situation as well. The Highway District would really recommend, mostly for the safety access on State Highway 69 with the speed, that that road not be a through road, but that the residential portion takes access from the Bear Creek Subdivision. Any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Christy, youlre saying that right there behind the commercial that would be where your recommendation is to -- to block it off, to gate it? Richardson: Yes, Mrs. de Weerd, Mayor, Council Members. It is our recommendation that weld just have a cul-de-sac right here and that this area not -- right through here not be connected. Bird: But with a grass creet? Richardson: That's correct. Corrie: Okay. Christy, thank you. Jewett: Okay. 11m back. Just to give you an update of my conversations with lTD. James Jewett, 3090 East Gentry, Suite 115, Meridian. I have had several conversations with ITD since the meeting two weeks ago, tossing things back Meridian City Council Meeting December 18,2001 Page 26 and forth. This letter late this afternoon was a result of all this ongoing conversation and I had talked with Christy and I appreciate her ideas and I guess I'm here to hear your feedback on what you want to do. I will -- as I was sitting back there I thought of one other option and I haven't even mentioned it to Christy. Listening to your staff and to fire and to police and to Christy, what if we just built it this way and connected this road and this gate here would be electronic, so these residents could get in and out through it, but nobody else could, except fire and police? That way we would have -- they would have a way out, they wouldn't have to access -- they could come in this way, but they would have to exit out the other way, instead of -- then if you put a divider so they couldn't make a left-hand turn, it would be a way to have connectivity through an electronic gate that would prohibit the Bear Creek people from utilizing it to go all the way out. Just an idea I thought of as I was sitting back there. That would give the fire a way to get in here without actually ever having to use that -- if you ever had to get through into Bear Creek for a more emergency response they would. They would be able to access the subdivision just by going off the road and I think that with that ITD would -- can grasp more the fact that these residents have another way to go and not all forced onto Meridian Road. ITO was also -- they were going to do the same thing we are going to connect. Everybody from Bear Creek was going to come out that way and I was trying to say that, no, we are not, because some of the findings seem to be they want to connect it. So that's -- I believe that they indicated -- just had some discussions with the police and fire about that. So, really, I think you all know what we have gone through to get here and at Planning and Zoning we did discuss going through Bear Creek. They felt that with this type of housing it was better for having no access. I talked to my partners tonight and they kind of feel that with this type of housing they should have their own access and not come through Bear Creek. So there we are. You have everybody's input and I would ask that you allow us to move forward. If I could make a suggestion. If Council thinks that it's better served off of Meridian Road, we could just add a condition that we receive ITD's approval as a part of the condition. If Council feels it's better to service through Bear Creek with the condition that that road -- that we simply connect these two roads and then we put this -- we redesigned it to have that emergency connection access, pedestrian-type access to whatever standard that the fire and police can agree on. I will agree to build whatever they would agree on. With that IIII stand for comments, questions, thrashings. Corrie: Go ahead. Bird: Mr. Jewett, you said bring it in off of Meridian Road and out through Bear Creek. Do you really believe that if a person comes in there that, they are not going to want to go out there? I would doubt it. I think that what my personal opinion is -- I wish there was some way we could get it in and out onto Meridian Road, but evidently there is not and ITD is -- so I guess the thing that -- what Christy brought forward was to put on grass creets there at the end with an electric gate or something -- I don't why we would have to make a cul-de-sac ( Meridian City Council Meeting December 18,2001 Page 27 there. You could probably just do that with a grass creet that, you know, they will stand up to fire trucks or anything going across them and that would get our safety services in there, our fire and police. I, for one, don't like seeing that kind of housing go back through -- three quarters of a mile through a subdivision, but I guess ACHD and ITD did not want that many people dumping in and out on 69, which I can -- I think a right in and right out like we have done over on McMillan at Centennial and Cloverdale over there by Centennial High School, I think could work, but evidently they don't want that. Jewett: ITO didn't have an opportunity to comment on that issue of right in, right out. I would think that the residents that would live here would not want to make a right-hand turn to go to Meridian or to get to 1-84. A right-hand will take you to Kuna. So at some point, if you make a right-hand turn, you have to make a u- turn and that's more dangerous than just making a left-hand turn. I think that ITD would probably discourage that. Bird: Well, I absolutely don't see any way you're going to get them across there, because you're not going to get a -- you're not going to get a light, it would be too close to Overland. So if I lived there I suppose I wouldn't mind the right in and right out and lid go up to Victory Road and either go back to Stoddard or turn and go over to Locust Grove and go to Eagle and get on the freeway. Jewett: I would agree. Corrie: Any other questions? Just to put my two cents worth in, coming in there and letting the church use that as also an in to the church part, do they come out there? Jewett: Yes. The church's access will be the shared access for this right here. Corrie: Okay. Then if they put apartments or a senior citizen centers in the back, they are going to have some problems later down the year, because they will want to come in and out of there, unless they come out of Bear Creek as well, so Jewett: Right. Corrie: They come out through there again. Jewett: This is extended along this area in here. They would have frontage along the public road for the total length. Corrie: Thank you. Any other questions of Council? De Weerd: Mr. Mayor? Meridian City Council Meeting December 1812001 Page 28 Corrie: Mrs. de Weerd. De Weerd: Mr. Jewett, have you talked to the developers of Bear Creek? We kind of asked that last time and have you gotten any feedback from them? Jewett: Yes. I did have several conversations. One of the owners of Bear Creek is here tonight. We did -- and we actually drew some proposals up. All of them involved the church -- using some of the church property to make this property wider, to make the lots more similar to Bear Creek, and I actually talked with the church -- I asked the church to be here tonight also and the church wouldn't be against that, without having just talked about it, not looked at it. The problem is you're involving two other property owners for this property and if they never agree, then they never agree. I mean we did have discussions. It just didn't seem like we could all get together and we were discussing even out there and it just didn't seem like we could get together. We did do some layouts that I thought would work. I even sat down with staff and discussed with them and they were -- we just couldn't put it together. Not to say it couldn't come together later and we could replat it, but at this time we don't have a deal that I can say to you that I think is going to come together mostly because it involves these other parties and the church. They have already got a Development Agreement with you folks, so they would have to redo their Development Agreement, so it involves quite a bit of stuff. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have a question for Christy. It just seems like all of this traffic from the church to the south is going to be coming out there. Whether you add these houses or not, you're still going to have to deal with that traffic. So I understand heading it off in Bear Creek, but Bear Creek would not then use this access as well, but I just question with the traffic that's going to be generated by the church why we are going to make this even more difficult as a result. Richardson: Council Member de Weerd, Mr. Mayor, the church use generates very few daily peek hour trips, so when we are looking at this particular driveway, the number of trips generated by that church are going to be very minimal and those that are generated aren't going to be during the A.M. or P.M. peek hours and you would nit see significant traffic conflicts. So as Mr. Jewett pointed out, in the future should the church develop and this stub street were to go to Bear Creek. They also would be able to have access to Bear Creek for the majority of their trips. De Weerd: So something similar to what's being asked of Mr. Jewett is going to be asked of the church as well and Bear Creek, are they fully aware of all the traffic that's going to be going out to Stoddard through their subdivision? ( Meridian City Council Meeting December 18, 2001 Page 29 Richardson: Council Member de Weerd, Mr. Mayor, Council Members, when Bear Creek Subdivision was platted and came to the Highway District two years ago, the stub street was required as part of that plat. They had the opportunity then to appeal the stub street requirement and they did not and as everyone is aware nowadays, stub streets are constructed to provide future connectivity between parcels. De Weerd: Well, I think you're talking a different level of connectivity. You're talking about not letting them go the natural flow, instead going a whole lot of distance out of their way. So is there any chance that the three property owners can sit down and talk about this and ITO and ACHD and figure out a traffic plan for this? Because regardless of what we do here, we are going to have it again when the church comes through and by then there is going to be a lot of houses built in Bear Creek that donlt realize that anything that's going to happen to the east of them is going to be majorly impacting their neighborhood. Not just through the normal interconnectivity types of flows, but by a primary destination type of trip. So I don't feel comfortable discussing this tonight right now without a better plan here. Richardson: Unfortunately, because we donlt have a plan for the church in front of us, I canlt comment on how they might develop in the future, but I can anticipate what -- the local streets within Beer Creek Subdivision, if you add the traffic from this site and from the church site, those streets are probably going to be over a thousand vehicle trips per day on the local street. So I can't anticipate for you, though, how that church property might develop and when it might develop. De Weerd: Well -- and we can't either. All 11m suggesting is there is an actual traffic plan in place for the residents living in Bear Creek. We all know what happens with traffic and when that development comes through as well. The residents will be the last to know that that traffic is going through their subdivision and itls better to plan now before those houses are built and people are aware of what's going to happen, then after the fact and that we get the brunt of it, at ACHD, as well as here. So is there any chance that those kind of -- at least how things are going to circulate, can that kind of a plan be made? Richardson: Unfortunately, I just don't think it can -- I can't speculate how that church property might develop and I can't put a plan in place. They may have to adhere to if I don't have something to look at for that. Right now the Highway District is trying to plan for the future, but you can't place any further requirements and we can't bind any other property owners into a situation just because we have the Kodiak Subdivision before us. De Weerd: Yes but the issue is you gave Kodiak access to do this and so now when they came through with their Preliminary Plat it was all approved and now [ Meridian City Council Meeting December 1812001 Page 30 it's changing, because something has changed at ACHD. So I'm trying to look a little bit down the road, no pun intended, so that we are not at the same point just a little bit later. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Christy, would you explain to me again what you're talking about with those two cul-de-sacs. They would dead-end on each end? Richardson: That's correct. McCandless: And we have an area in between where emergency vehicles only could go through? Richardson: That's correct, Council Member McCandless. Councilman Bird also commented on this, but what ACHD is recommending is that this local street be brought in through the Bear Creek Subdivision. It would serve the residential lots proposed here and then it would cul-de-sac right here. From Meridian Road or State Highway 69, the Highway District would allow a public street to come in here and this public street would cul-de-sac in this area. If it were a private street or a private driveway, that would be fine as well if the Highway District Commissioners should offer the public street for the sewer services. The area in between the cul-de-sac would not be right of way and the reason for that would be that in the future, a future Council, future Commissioners, future staff, that emergency vehicle or gate there, that could removed and a street would be opened up. So this area in between the cul-de-sacs would not be a public right of way. The reasoning behind this -- there is just a couple. Mr. Jewett had indicated that a possible use for this site might be a day-care, a dentist's office, some kind of neighborhood use and if you lived in the Bear Creek Subdivision you could come through here to drop off your kids, rather than drive all the way around and try to access State Highway 69 during the peek hours and the busy time and try to get back towards the freeway. So that's the recommendation from the Highway District that the public street be here and the public street be here and then this is just kind of a -- this would be part of the private property, but an emergency gate or emergency access with a grass creet. McCandless: It seems to me that there would be a safety issue there as well. Cul-de-sacs are generally regarded as playgrounds as far as in most subdivisions. Kids are not as careful and if you have two of them with an access in between, I have never seen that before. Richardson: If I could clarify, thafs an emergency access, not a -- McCandless: I realize that -- ( Meridian City Council Meeting December 18,2001 Page 31 Richardson: So there won't be any vehicles using that I would hope. McCandless: I just see it as a safety issue as well. Corrie: I have a question. If that area that is going to be commercial, let's say that's just one big day care center, people coming in there off of 96, come in there and they drop their kids off and go out, can they go left, right, anyway they want to go? Richardson: Mr. Mayor that would be up to lTD. The Highway District doesn't have the jurisdictional authority to install medians on that roadway. That's certainly a recommendation you could make to ITO to their access management policy, which I'm not familiar with. They may have restrictions on those types of limitations on the highway. Corrie: I would think you would have a lot of people coming in and out dropping kids off at a busy time anyway and you would have risk in all kinds of places just as much as you would probably from the homes there, but she's right, cul-de- sacs -- kids play in there and the kids will play in a cul-de-sac, too, but -- okay. It answered my question. McCandless: In other words, this -- if they came in through Bear Creek to drop their children off, then would they have to turn around and go back through Bear Creek again to get out? Richardson: That's correct. McCandless: She's saying yes. Corrie: Oh, yes. They would have to -- if they come in from Bear Creek they would have to go back out. Richardson: If they were able to go through to just drop off a child here and then they'd have to make this left-hand turn onto the State Highway, which would be very difficult. What it does is -- it's a little inconvenient, but the safety factor plays in here. It forces them to go back through Bear Creek, up Stoddard to Overland, and to the signal light at the intersection, that's a really major safety factor. Bird: Christy, I know it's -- we start dumping all these people out on Stoddard and I know that ACHD has no plans for -- probably in 20 or 30 years to even touch that road. You're asking for a lot of -- a lot of problems. That's just a narrow two way street and if we're putting in a bunch of houses at Bear Creek then you're asking all this to come -- and the Preliminary Plat that we seen from the church showed some senior development back there and stuff and you're going to push them through, too? Why doesn't ITO put a traffic light up on ( Meridian City Council Meeting~- December 18, 2001 Page 32 Victory and have this a right in and right out, you got your traffic light there. They can either go to Stoddard or Linder or they can go back to Locust Grove and we will have the overpass there hopefully in four, five years, maybe. I don't know. I really have problems with not having this access off of Meridian Road and dumping it through three-quarter miles of residential. That's my personal opinion on it and I know it's not -- Richardson: Councilman Bird, in regards to Stoddard, it is a two-lane crossroad and I believe that Bear Creek Subdivision is required to construct some turn lanes in and out and that will provide for the safety in turning movements from the Bear Creek residents and it would be these residents. The amount of traffic generated from this development is really quite minimal compared to the Bear Creek Development itself. Bird: Well, I agree there, but you're still pushing them through and, you know, if you -- say they put a day-care center in, we are going to be driving all the way down this road, we turn them around and we are going to drive them back out all the way down there? If they are in Elk Run they are going to run -- or whatever that one is north of us, they are going to run down here and they are going to come in through the residential, parts of the commercial thing, then they are going to come out and they are going try to get across. I think that -- I think that there is a way of solving this is the right in and right out and then you either put a light at Victory, which needs one anyway, and you can either turn and go to Locust Grove or somewhere -- you know, I don't like the u-turns and it's impossible to get across there. I don't know how the people in Elk Run get out right now. I don't know how they do it now. I don't have to travel that road. Fairview is bad enough. Richardson: Mr. Mayor, if I can offer one comment, just for clarification purposes. When the Highway District approved this Preliminary Plat -- and we didn't approve it as proposed they did let the developer know that should the City Council make significant changes from what the Highway Districes recommended, that they would gladly hear Mr. Jewett again. So I don't want you to feel like if the Highway District Commission approves, that by that they realize that Mr. Jewett has several agencies to work with and certainly we are going to hear it again. So I don't want anyone thinking that was just a done deal, but one significant thing I might mention and that is you're not wanting to take the Highway District's recommendation for the public street configuration. If the applicant constructed a private road off of State Highway 69, ACHD wouldn't have any jurisdiction over that private road. That would be the owner and lTD. That might be an option to think about. Corrie: Okay. Any other questions? Bird: No. ( Meridian City Council Meeting December 18,2001 Page 33 Corrie: Thank you. Okay. Jewett: If I could add a little bit to a couple of those comments, if I may, please. First off, let me just -- my approval from ACHD back in I think January for the annexation and zoning gave me both alternatives. Another alternative would be to extend the stub street into the park and landscaping into Bear Creek and extend the street into the site from Highway 69. So ACHD had already approved this or made a recommendation of approval with either alternative back in January. I'm going to play both sides of the fence here. Almost -- you can see this -- if you want to pass this around but if it did come in through Bear Creek, that's the only level of street that would be affected is Bear Creek. That's all it would take to get from Stoddard to the site would be that shaded area of road and those many houses. It doesn't affect a lot of them. We have gone through this whole thing and it's always been our opinion to come off of 69 off of Meridian Road. It's a different type of housing. We do have the use -- the church is going to be using it and I just think that this level of traffic is not going to impact -- yes, it's going to impact it right in the morning a little bit, like everything else dumping onto Meridian Road. Stoddard is going to be really impacted when those phases -- and Stoddard and Cloverdale and Elk Run is really going to be impacted when those stages of Bear Creek get in there. There is no access there right now and I don't believe there is anybody living in Bear Creek yet. To raise one other issue I think the Mayor mentioned, ITD did indicate to me a private street did have a different classification within -- with them other than public. They did indicate if we did a private street it did fall under a different classification in their opinion than public streets did. Just to acknowledge that the current standards of public streets that they have now adopted is one half mile between public streets on State Highways. So what they want is every mile and a half that's all they want in the future. Unfortunately, if we look at Eagle Road that doesn't follow, so -- again, like I say, this is a proposal that after a long time of coming up with -- and going back and forth that we put forward was what we support. I see pluses with coming through Bear Creek and I see negatives going in Bear Creek. So I guess I'd just leave it up to the Council to decide. One other thing. The church is under a Development Agreement and in this area of the Development Agreement it shows a ball field and a play field. The senior housing is back in the lower corner over here. So as that property to the south of it is developed, additional stub streets could come into that. So it doesn't necessarily all have to dump out and they are under a Development Agreement, they can't develop until the Black Cat Trunk gets built and I don't think -- I think I will be retired by then. Corrie: You probably will. Jewett: So I don't think that's an issue that anything would really drastically come of. I think what you will find is that when they do put all their ball parks and stuff back here, I think you are going to have people going back and forth between the two parks. We are going to have soccer moms going back there. So, again, I guess I would ask that we move forward on this one and if you like the access to ( Meridian City Council Meeting December 18,2001 Page 34 ( Meridian Road, condition my approval to obtain approval from lTD. If you would rather come through Bear Creek, ACHD has already approved that, ITD already is in favor of that, I'd ask you just to condition it that they have already said they would, so -- and just limit my access on Meridian Road to the non-residential use that's in conjunction with the church. Other than that, I stand for any more questions. De Weerd: Well, I am a soccer mom. What did you mean by that? Jewett: Meaning that they could playa lot of soccer. I'm not quite a soccer dad yet, as you saw. Soon, though. Bird: I have nothing. McCandless: I have nothing. Corrie: Okay. All right. Mr. Jewett, thank you. Is there anyone else from the public that would like to testify on this? Please raise your right hand. Do you promise and affirm that the testimony you will give tonight is the truth, the whole truth, and nothing but the truth, so help you? Richards: Yes. Corrie: You came in after we did for everyone else. Okay. Your name and address, please. Richards: Dan Richards. 8799 South Rocky Mountain Lane, Meridian. Corrie: Okay. Richards: Me and my cousin Doug Olson are partners in developing this subdivision and appreciate Councilman Bird and -- I'm not sure how to pronounce the last name. De Weerd? De Weerd: De Weerd. Richards: I appreciate your comments, because it seems an absolute absurdity in thinking about how much bare ground there is beyond this property and it's going to be getting developed. This issue is going to be coming up over and over and over again and is everyone going to be going to Stoddard Road, you know? I mean there is too much property there and, you know, we just happen to be the first one, so we are going to be getting kicked back. I was just thinking of this. What would happen if -- it sounds like from Christy from ACHD -- it sounds like from her comments that part of the issue is that there is, you know, this many lots. What would happen if we were to put half the lots this way, it might not get Meridian City Council Meeting , December 18,2001 Page 35 to SO many people -- it might not affect the subdivision with so many people driving that many and half of them this way, it seems it would solve some issues. Corrie: Probably wouldn't get half and half, though. Richards: Well, whatever, you know, ACHD's, idea up there like as Councilman Bird has commented, that is a long way all the way around back to the -- back to the freeway, where, obviously, everyone is getting -- wanting to go. You know, just -- and Jim's already mentioned that we were approved on this or -- I'm not sure of the right terminology, but Preliminary Plat, and it was all thumbs up and then everything changes and we got about -- we figure about 15,000 dollars in engineering fees at this point going out to you guys' suggestions and it seems like, you know, we should be able to figure this out close to this plan based on that it was, you know, approved on that preliminary. Corrie: Okay. Anybody else? Any questions from Council on the Public Hearing? Okay. Hearing no comment there, then, I would entertain a motion to close the Public Hearing on Items 11, 12, and 13. McCandless: So moved. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the Variance, the Planned Unit Development, and also the Preliminary Plat. Any further comments? Hearing none, all in favor say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Council, comments and discussions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just want to comment to Captain Musser. I sure appreciate your comments on this. It's just refreshing to hear something from the Police Department and it's very thorough. Captain Musser brings up the fact that -- I believe the same questions that Councilman Bird and myself have questioned about cutting off the access and trying to make sure that our emergency personnel can go clear through to Bear Creek as well. If we go ahead and approve it with the gates at the tail end of the residential area, so that the residents can still get to the storage area, but Bear Creek residents can't go through there, I guess we would need to put in a condition that that would have to be approved by ITO and probably ACHD and that if he cannot gain that approval, Meridian City Council MeeUng December 18, 2001 Page 36 then he goes back to square one. So I can't see how it makes sense any other way than that. Bird: Can you clarify yourself on -- De Weerd: They do have to be at the end where that cul-de-sac currently exists. Bird: On the west? De Weerd: Yes. Bird: Okay. Then have the grass creet on the east end down here? Is that what you're talking about? De Weerd: No. I'm talking about the grass creet in between the -- Bird: You're putting a gate there for-- De Weerd: -- two turnabouts, but you would have access then onto 69. Bird: I agree with you. De Weerd: The recommendation would be that you would have -- as Captain Musser, put a right out access only and that -- with the recommendations -- or with the recommendations of ITD that we put in the concrete barriers to eliminate the left turn, because they are going to do it if they can. So those are my comments. Corrie: I have a question. If that's a public road can you gate it? Bird: On the back end? I don't know. I would -- we can't- Corrie: Shari, can they gate a public road, do you know? Stiles: I donlt believe the Ada County Highway District would let them do that. If they did that you would have to have a separation where -- I mean if you're not going to allow access through Bear Creek, you might as well have the gate at the end of their property here and it wouldn't even -- and it wouldn't connect to -- I mean it wouldn't be crossing a public road at that point. De Weerd: But then he has the storage back there and that is -- Bird: That's right at the property line, Tammy, is where he's talking of putting that. Right there. Putting that gate and that way that isn't a problem. That takes care of Bear Creek and then you don't have to have an electronic gate, it's a permanent gate. ," - ( t Meridian City Council Meeting December 18, 2001 Page 37 Stiles: And the storage was proposed just for this subdivision, it's not a public storage facility. Bird: Yes. This is storage for the apartments or the planned unit. De Weerd: I donlt have any problem with that. Corrie: Mrs. McCandless, do you have any questions on what they are -- McCandless: I have lots of questions. Corrie: On that particular one. McCandless: Not at the moment I havenlt. Corrie: Well, let's take them one at a time. 1111 start with the Variance and we will see how it progresses here. The request for a Variance to exceed the 1 ,000 foot maximum length requirement to allow the public road that's been proposed to exceed the 450 maximum length in an R-8. Any discussions on that? De Weerd: I have none. Bird: I have none, Mayor. Corrie: Okay. Then I will entertain a motion on the Variance request. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for variance to exceed 1 ,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length in an R-8 zone for Kodiak Subdivision and ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order to allow the 1,000-foot exceedence of the 450-foot maximum. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. / I i Meridian City Council Meeting December 18,2001 Page 38 Corrie: All ayes. One abstaining. Passes. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Item No. 12 is a request for the Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone by Kodiak Subdivision, CUP 01- 029. Discussion? Okay. Hearing none, I'll entertain a motion on the request for a CUP, Planned Unit Development. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I do have a question. Which -- is it going to be the CUP or the Preliminary Plat that will be affected by the road? I think it's the Preliminary Plat isn't it? The Planned -- the CUP would not have anything affecting the entry and -- Corrie: No. Bird: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the Conditional Use Permit request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for the proposed Kodiak Subdivision, to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include all staff comments, and also make this approval based on approval from ITD and ACHD for this development. I guess that's it. Bird: Did you say to include staff comments? De Weerd: I did say to include all staff comments, didn't I? Corrie: Yes. You did now. Bird: Second. Corrie: Okay. Motion has been made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order to approve the CUP on the Planned Unit Development for a private RV storage and with the condition that ITD and ACHD approve the subdivision and staff comments. ( Meridian City Council Meeting December 18, 2001 Page 39 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: One question. The Public Hearing the last time this was brought up two weeks ago, they discussed fencing and hours of operation. I would want to make sure that that is included in the findings. Hours of operation to reflect 7:00 A.M. to 10:00 P.M. and that the fence issue was addressed. Corrie: Is that part of the motion? Bird: Yes, it was. It was also stated in the deal that it is strictly for just for the members of the subdivision. Stiles: Mr. Mayor? Corrie: Any further discussion? Shari? Stiles: Mr. Mayor, I just have a question. Because the staff recommendation was not to recommend this plat, I'm wondering how that -- Corrie: Are you going to have staff -- De Weerd: The Conditional Use? Stiles: It says the development does not meet the criteria for a Planned Development under either the new or the old PO Ordinance and I don't know how -- I know that Bill's pretty crafty, but I don't know how he's going to be able to incorporate our staff comments in approving this project. De Weerd: Well, this is the recommendation by the Planning and Zoning Commission. Stiles: Okay. So that wouldn't be statrs comments. De Weerd: Just the comments that were applicable. Stiles: Okay. So it's the recommendation from the Planning and Zoning Commission that you're approving? Okay. De Weerd: Yes. And any additional staff comments regarding the approval. Corrie: You're still adding to your comments? Okay. Any other questions? Discussions? We all know what the motion is for? Would you, please, Mr. Clerk. Roll Call: Bird, aye; de Weerd, aye; McCandless, naye; Anderson, absent. ,. [ Meridian City Council Meeting December 18, 2001 Page 40 Corrie: Okay. Two ayes. One nay. Motion carried. MOTION CARRIED: TWO AYES, ONE NAY, ONE ABSENT Corrie: Now for the bigger one, the request for Preliminary Plat approval on the Kodiak Subdivision. PP 01-016. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have a question for the attorney on this one. Since there has been so much discussion and from the comments on the Preliminary Plat and how the gate would -- at the end of the property line would allow emergency access only and with some additional interconnectivity between houses and the storage, can we approve this before we see what it will actually look like or -- Nichols: Mayor, Councilwoman de Weerd, the question in terms of what it will look like, are you talking about the layout of the lots or just what the gate is going to look like? De Weerd: No. Just the -- right now you have two cul-de-sacs, one at the end of the house and one over there so there's no access to Bear Creek. It's not a Preliminary Plat I think that we want to approve. Nichols: Mayor, Members of the Council, if you're not going to approve this Preliminary Plat, then you have to tell him what it would take to get approval. So if there is specific items in the plat that you don't like, you have to tell him what he has to come back with. You also have the alternative of remanding it to the Planning and Zoning Commission with specific things for him to address in a revised plat. De Weerd: I guess the issues that are remaining is connecting that cul-de-sac into the storage area showing how it is going to flow through that open space and, you know, I know what the gate will look like at the end of the property, so I guess J'm not too hung up on that, but approving that as drawn, I don't know, I just feel that we can't do that. Bird: We were just discussing gate locations. Basically what we had discussed earlier was just taking that gate that they are showing before the cul-de-sac into the storage and moving it back to the west most part of the property on the line there and it would not be an operable gate, it would be permanent, so that people from this development could not get into Bear Creek at this time and Bear Creek could not get through that and that would still leave the exit and entrance onto Highway 69. Right in, right out, I believe. Meridian City Council Meeting December 18, 2001 Page 41 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would try a motion here. I don't know if I will get a second, but I will give it a try. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Members of the Council, just to clarify the issue in terms of the gate. Now you have got in the record the life safety department's request that the gate be able to be accessed by them, either police or fire to be able to get through that way if there is need to. So when you say a permanent gate, do you mean a permanent gate, except for emergency vehicle access or do you mean a permanent gate period? De Weerd: Emergency access. Nichols: Thank you. De Weerd: I guess my motion would be to remand this Preliminary Plat back to Planning and Zoning for redesign to reflect the connection from the residential areas to the storage, the emergency access fence on the back western property line, and to reflect all other changes as staff and Planning and Zoning have recommended. Bird: Mr. Mayor? Corrie: Do I hear a second? We need a second before we can discuss anything. McCandless: 1'1( second that. Corrie: Motion has been made and seconded. Discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Okay. Now what specifically are you -- are you telling him that the gate moves back to the west part? De Weerd: To the back of the property line. ,'" Meridian City Council Meeting December 18, 2001 Page 42 Bird: To the property line and it's only for emergency vehicle only for something like that. De Weerd: To show that the flow of the traffic will go back to the storage area from the residential and how it affects the open area. (Inaudible comments by Jim Jewett.) De Weerd: The Public Hearing is closed. Bird: I don't -- I'm having a hard time understanding why we shoot that back to Planning and Zoning for that one when we could take care of it in a motion -- of the deal, you know. De Weerd: It also allows us time to see what ITD and ACHD have to say. Bird: You have already -- you have already heard from them, so why delay it anymore? I mean they are either yea or nay. De Weerd: That's just my motion. Bird: That's my questions. Corrie: Okay. Questions being called for, the motion is to remand it back to Planning and Zoning with the comments made by Council and to get the ITD and ACHD comments. Okay. Mr. Berg, roll-call vote, please. Role Call: Bird, nay; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: All ayes, motion -- no. Excuse me. Two ayes, one nay. It will be remanded back to Planning and Zoning for approval and comments of Council. MOTION CARRIED: TWO AYES, ONE NAY, ONE ABSENT. Jewett: Mr. Mayor, may I be recognized? Please, Mayor. Corrie: Tell Planning and Zoning. You can't tell us anything now. Jewett: Planning and Zoning did take this issue up. They made a motion on it. Corrie: Come on. Don't do it. Bird: Jim, we can't do it. ( Meridian City Council Meeting December 18,2001 Page 43 Item 14. Public Hearing: VAR 01-018 Request for a Variance for maximum subdivision block length of 1,000 feet in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: Item 15. Public Hearing: FP 01-020 Request for Final Plat approval of 115 building lots and 19 other lots on 28.58 acres in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: Corrie: Give it to Planning and Zoning. They have got it now, so -- okay. Item No. 14 is a Public Hearing -- Public Hearing for a variance of maximum subdivision lot length of 1 ,000 feet for Macaile Meadows and also Item No. 15 is a Final Plat approval for Macaile Meadows for 115 building lots and 19 other lots on 28.58 acres. So at this time I will open the Public Hearing on Items 14 and 15 at the same time and all testimony will be for both. Staff first. Stiles: Mr. Mayor and Council, this is a -- kind like a re-subdivision. We did not recommend that this go back to Planning and Zoning Commission due to the length of time involved and the number of issues that were involved were not felt to be so significant that they would require the Planning and Zoning Commissionls approval or recommendation. The previously approved final plat-- as you will recall, this is the Westdale Park Subdivision No.2. Cross-Roads Subdivision is to the west here. There is vacant land to the north. The Seventh Day Adventist church is to the east. Further north beyond the vacant parcel is the cemetery and the Wal-Mart. What the applicant is proposing is -- only involves this northern portion. They did previously receive a variance for the maximum block length requirement, because they were impaired by the existence of the church on this side, by the existence of the subdivision to the south, and also the Cross-Roads Subdivision to the west. However, they did in the previous final plat show another stub street to the north. So they are requesting another variance to delete the other stub street, which staff has recommended denial, because of the fight we have to go through each time to even get any connection and that there is no physical reason why they cannot provide that access. The applicant has stated that the person with an interest in the property to the north does not want an access in two locations, public road access, but we have neither seen nor have any kind of a plan before us and we do not feel that's a valid concern. The applicant has also stated to our Planning and Zoning staff that if the variance is not approved to delete the second stub street, they will go back to the original configuration, which shows a temporary road leading out to Cloverdale Road. The compromise that they had felt they worked out with the property owner to the north is that they would have one connection of a public road going through the property. This public road would be constructed to and through the northerly property to the -- I believe itls North Venture Way that's adjacent to the cemetery and the Wal-Mart and that would be constructed to provide their second access, thereby deleting the requirement to Meridian City Council Meeting December 18,2001 Page 44 have this temporary access back to Cloverdale Road. Except for the disagreement on the stub roads, ifs a fairly straight forward request and we would like to have the second stub street for the interconnectivity and because it is possible. With that I would defer to whatever the Council deems to be in the City's best interest. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Shari, what would the second stub street dump into? Stiles: It would dump into vacant land thafs not developed. Bird: What road is even close to it? Which one is closest to the road that's behind Ware-Mart now -- or Wal-Mart I mean? Stiles: Well, I don't know. I don't think -- Bird: This one is along -- this one here is -- Stiles: That didn't show up. It would be about -- here is where -- the proposed existing one. It would have to go somehow through -- Bird: You're cutting it through right across. Why not put one right there and dump it right into that to start with? Stiles: I donlt know. Bird: And it's -- I always -- I thought that northeast corner one that went through the church had -- was always in there. Stiles: The one that went out to Cloverdale? Bird: Yeah. If it went down the north side of the church and is not a temporary road for the church, ifs a permanent road in. Stiles: It is a temporary road. It's not a public road. Bird: But that was -- I donlt know how you're going to -- you're going to have one here and we are going to go up through there and connect to this? Because you're not going to go straight in there. Stiles: No. Bird: Because thafs -- in the first place it's -- Meridian City Council Meeting December 18, 2001 Page 45 Stiles: No. They are proposing it here and it would go through. I mean I'm not sure of the exact line, but -- Bird: Why wouldn't it be better to come straight in there, Shari? Stiles: I don't know. Either way you're going to have block length problems, because they will be wrapping around -- I mean this will be the block length completely. Bird: I agree. Shari, with those two at the north, is that going to be enough to relieve the -- is two stubs going to be enough? You know, is that going to take care of the travel without the one at the northeast corner anymore? Stiles: There are I believe 278 units, 158 total in the whole -- oh, I'm sorry, 115 in the whole subdivision, so Ada County Highway District has approved it before it was -- with the two accesses, but, in reality, it would have been sometime before they had anything about the temporary construction road and this. Bird: Well, I think we would be -- the first stub should come right out there and go straight up to that road, because that road is already in to that point and they could just bring it into there. Stiles: I think -- well, let me see. Bird: les a lot -- now you've got it over here where I think -- probably about in that lot right there would take you up straight. Stiles: I can't see the detail on this small -- do you know what -- the applicant can address whether that was for engineering reasons or why that was chosen to be the place, but -- Bird: Maybe they can't get an easement through the -- straight up. Corrie: Maybe they have a problem with the easement. Stiles: Well, I don't know. I think the applicant -- or the property owner to the north or at least the person that has an option, maybe, on the property is -- I don't know. It just appeared to us that he was presupposing whatever design he has in mind is automatically going to be approved and, of course, that's not the case, but we are going to be locked in to whatever this development does and whatever alignment that gets approved through that adjacent property, which will be in the county and we will have really no control over particularly. Mr. Mayor and Council, there is a lift station that's to be -- isn't that where the lift station is or what is that? Is that just irrigation? Oh. Okay. That's just the pressurized irrigation lot for Nampa-Meridian, I guess, up adjacent to the North Mount Hood t .- Meridian City Council Meeting December 18, 2001 Page 46 Avenue. But the applicant will have to respond as to why that was chosen as the location. Corrie: Any other staff comments? Stiles: That's all I have. Corrie: Thank you. Start the Public Hearing. Have the developer first, please. Butler: Do I need to swear in, Mr. Mayor? Corrie: 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? Butler: Yes. Corrie: Name and address, please. Butler: Mark Butler. 52 North 2nd Street, Eagle, Idaho. Mr. Mayor, Members of the Council, I'd like to touch on three things. Number one, what was previously approved. Number two, why we are back here. Number three, lastly, I'd like to touch on the findings that were approved for our variance that was previously approved and finding for this modified variance. I'd like to touch on those three things with you and I have brought some information for you to look at and I think one in particular will answer Councilman Birdls question on the roadway alignment. First of all, as you know -- okay. The first plan -- or, actually, the plan that was approved, final plat -- and I do recall Council Member McCandless was asking when our Final Plat came to this body, but the final plat that was recorded had two stub streets to the north with a portion of the stub street here on the east side, which extended to Cloverdale and that is a temporary roadway with a temporary easement. So the previous plan was configured like this, it had been approved, we are actually out there, the project is under construction. We had worked with the neighbor to the north when we came to you - on the preliminary stage, as you recall, because it was your goal, as well as ACHD's goal, as well as your fire department and police department's goal, for us to try to get a road to the north instead of the road to Cloverdale and we were unable to work with that property owner at that time, because they basically didnlt know what they were going to do and didn't want to tie in their development to some roadway that may have gone in a willy nilly position. Since that time Mr. Clark, who is here today representing that owner, has contacted us. Understand we are already under construction, the ball is rolling, and they have worked with us and we have worked with them to come up with a possible solution. There are some drawbacks to it -- or there is one major drawback to it in that if we not only -- if we get this roadway in here and we are required to do a stub and we donlt get an allowance for the variance and not to the stub, the owner backs out of the deal and we don't get the roadway to the north and lid like to talk about that a little bit, Meridian City Council Meeting December 18, 2001 Page 47 but I think overall it seems like -- this is my opinion, but the City should jump for joy to get the roadway to the north, instead of Cloverdale, and I believe some of the owners here will kind of testify to that, too. Mostly because, as I said before, it sounded like that's what you and neighbors and the fire department and the police department really wanted. So I hope the -- the advantage of getting the roadway to the north, as opposed to the east, outweighs the need for you to require that other stub and I'd like to try to show you the stub street before that. Again, this is a plan that's approved. What we are proposing now is a modified plan with one stub to the north that actually will connect -- and I will show you that orientation and explain why it is oriented in the way that it is. All of the rest of the plan is the same, except, you know, we modified our lots a little bit up here on the north end, so that we can have a little bit different orientation. We are still at 115 lots. We are still complying with all the conditions that you put on this development, except that we'd like to not have to do the stub. What I have done here -- and I believe this is very helpful -- is on the upper portion of this -- this folds out. On the upper portion of this where I'm showing is the final plat that's already approved, which is under construction, laid into the surrounding area, showing the roadway out Cloverdale. That's whafs on the top of the page. What's on the bottom of the page is what we are proposing now, with the stub street the way we are proposing it now with the road out to Fairview. Mr. Clark will be up soon and he will have a plan that shows the development. He is planning a higher density residential development in that location. As you likely know, the Comp Plan, I believe, calls out for up to 15 units per acre on the land use map. One of the reasons for shifting the road over is to work with Mr. Clark's design and what it does, instead of running the road straight through, is it allows more of an area for the homes -- excuse me -- the apartments to be clustered without the roadway cutting through the neighborhood. So I think that will hopefully sell you the idea that it might be best to shift this roadway to the east and have it somewhat circuitous. I think another advantage in having it somewhat circuitous, that is bending at 90 degree angles, as opposed to going straight, is you may create somewhat of a raceway through here and understanding that this is coming into a residential area, I believe it would be much more neighborhood friendly to have a roadway curve as is being proposed to do by Mr. Clark, as opposed to having that roadway go straight. That touches on the first two issues of what was approved, why we are back. The last thing I wanted to talk about a little bit was the findings as it related to the previously approved variance and this modification we are asking for. If you had a chance to read the staff's report, staff looks like -- it looks like in the report there were some open windows for us, even though staff was recommending that you required a stub and not approve a variance, there was some open windows in that Mr. McKinnon had said that no development plan has been shown and Mr. Clark is here to show you a development plan to the north. Mr. McKinnon mentioned the current circumstances and I think I have additional data to give to you, part of what I have given you so far, to help you see that variance go through. Mr. McKinnon also mentioned in his report the fact that the public testimony holds lot of weight, so I'm hoping we will have people here from the (j \ Meridian City Council Meeting December 18,2001 Page 48 neighbor who are in favor of this roadway going north and with Mr. Clark's testimony we can gain your acceptance on our request for variance. Specifically, though -- and I don't expect you to read this -- I don't expect you to have the time to read this. I'm just going to give you the gist of what this is and I in no way mean to step on the attorney's foot, because I'm sure he wants to write the findings and -- but maybe some suggestions would be helpful. But what I have done here in this letter is I have taken the items A through 0 mentioned by staff that relates to your Title 11, Chapter 18, Section 1, Paragraph 0, and these are the findings for a variance and what I have done is below that I copied out the findings that were actually written in our variance Findings of Fact which have already been approved and I supplied some language that I think -- I believe can be used to justify the variance and basically what it's saying is that if the stub street were to go in here, that it could create a cut-through situation where you have vehicles cutting through the Crossroads Subdivision once those two roadways are connected. If you look at the area map you can see that Crossroads has a stub into Mr. Clark's property. So if we were to put a stub as was previously proposed in that location, it could create somewhat of a cut-through situation. Also understanding that with a higher density development going in on Mr. Clark's property, that can create a cut-through situation where you have many vehicles cutting through the crossroads Subdivision. Mr. Clark is here to testify tonight and he has something writing that ACHD has reviewed this and they do not want a public road connecting to the public road that comes out of Crossroads, because of the safety concern and the impact to the neighborhood that they believe will be created if the road is connected. So that's kind of the gist of my findings. I guess the last thing is that we donlt want to pressure the Council, but we would really like you to understand that, you know, we are under construction, this does save us a little bit of money, but overall we think it's in the betterment of the community, it's in the best interest of the community, we think this is a better option than what we were able to workout before and if we have the requirment to do this to the north, as we have asked, but yet also have the requirement to do the other stub, then BiJl Clark and his owners will delay for months and if we can't do this roadway to the north, we need to withdraw our application. So understand that we are trying to do what's in the best interest of the City, but our hands are tied a bit. With that I will close, unless you have some questions at this time. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: The road to Cloverdale is a temporary road. That was supposed to be constructed upon the first building or first occupancy or -- Butler: No. Prior to the first building permit even being issued. Yes. ( Meridian City Council Meeting December 18,2001 Page 49 De Weerd: Okay. So-- Corrie: We are ready to jam on that, too. De Weerd: Okay. So would this road, then, be constructed before the first building? Butler: Absolutely. De Weerd: Okay. Thafs the only question I had. McCandless: You mean to the north -- Butler: Correct. The road north of there. And understand that we would not do the road out Cloverdale. McCandless: Exactly. Corrie: Any other -- Bird: ('m not a hundred percent sure, but traveling on that road as much as I do, I donlt believe people exiting to the north here can turn left. I believe there is a -- are you -- are we in line with the one across the street there? I can't -- I can't remember. Butler: Yes, we are. Bird: So you can't turn left? There is a -- Butler: Yes, we can turn left. Bird: Can you turn left? There is a -- I was thinking there was a guard across there. It's further down? Okay. Butler: There are some other folks who can answer that. Bird: Yeah. That was my question. Corrie: Okay. Mr. Butler, I can't speak for the Councilor -- but appreciate that. Thank you for your comment. Thank you. Any other questions? Bird: I have none. Butler: Thank you. ( Meridian City Council Meeting December 18, 2001 Page 50 ( Corrie: We have now the Public Hearing for those who are for the -- either the final plat or the variance. I believe we have Bob Kyle and Bill Clark. Bob Kyle, is he here? Kyte. I'm sorry. Kyte: Bob Kyte. I live at 11279 West Hickorydale in Boise. I'm legal counsel with Skinner Fawcett and I represent the Seventh Day Adventist Church. 11m also a member of the Cloverdale church and 11m very well familiar with this particular project. I just want to speak and I felt that Mr. Butler covered the issues very effectively. I appreciate the work the developer and the owner to the north have done to come together on this plan, because it addresses some of the issues that this Council and also the ACHD had with a preference towards the road to the north to cut down the congestion onto Cloverdale Street at this time. But I think they have addressed that, they have also addressed the ability, then, for the emergency services to go through Meridian into Meridian, as opposed to going out of Meridian and looping back in through Boise. We also feel that the variance, from our review of the variance, that this is probably more of a modification than what has been done in the past and, therefore, we would ask on behalf of the church to speak in favor of supporting this plan that has been brought to you this evening. We would hate to see the plan go away from the standpoint of the access to the north would go away if we donlt take care -- if the City Council doesnlt take care of the stub situation. So we hope that that can be approved as well. Thank you. Corrie: Bill Clark? Clark: Mr. Mayor and Members of the Council, Bill Clark, 479 Main Street in Boise. I'm representing Terrace Lawns, a company that owns this property to the north of Macaile Meadows and additional property in the vicinity. I was up before you on this matter two years ago when we had a Comprehensive Plan amendment approved for this property -- for the property to the north of Macaile Meadows, which would be to designate, at that time, as mixed planned use. In your new Comprehensive Plan it's down as multi-family residential. We did present a concept plan at that time to the Planning and Zoning Commission and to City Council, which I have a copy of I can show you, and which was referred to a number of times, but it was made clear that that was only a concept plan and that eventually we were going to have to come forward with a more detailed plan. At that time, too, there was a lot of sensitivity and concern expressed by residents of the Crossroads Subdivision to the west of Macaile Meadows and our property and particularly concerning this stub street that exists on Crossroads, which is right -- the stub right there and how the Highway District, which was requesting that there be some connection through this property, could impact them by cut-through traffic. We agreed and I think discussed in front of the Council that we -- that property owners to the north of Macaile Meadows could work with the Highway District and the Crossroads people to -- with the Highway District and since that we worked with Macaile Meadows to try and protect the Crossroad Subdivision. This was culminated, I will call it, but I think it's a pretty ( Meridian City Council Meeting December 18, 2001 Page 51 ( firm indication by the Highway District in a letter of -- dated February 19th of this year -- this was, at the time, that Macaile Meadows was coming forward and we were working with the Highway District. This is a letter addressed to me from Steve Hasson, who is on the planning development service staff. His letter was - - he was confirming our meeting this week -- all those present, including the Highway District agreed that East Florence Drive could be developed as a pedestrian and bicycle pathway to provide connectivity with the adjacent Crossroads Subdivision, as opposed to turning the stub street into a local roadway. So that was where we got with the Highway District and we are happy for that and for the Crossroads people. As Mr. Butler said, we had been reluctant at this time, though, to commit to a connection of Venture Street through to -- through to Macaile Meadows, because we hadn't -- this would come from here and go over there and down as to their northeastern entry as it's being proposed tonight in the variance and we just have not gotten far enough in the planning for the site. We have made some progress at least to the point where we are able to talk with them about a firm location for a connection, but we still donlt have a final plan. We are working on that right now. But while they were in construction we thought it was an opportune time to do that, so we, as was commented, got in kind of late in the game with them on this. We actually learned about the fact that two stub streets were required from Macaile Meadows after the decision was made and so -- although I'm sure we would have had an opportunity to comment on it, we weren't monitoring very closely and we didn't understand that it was -- it was proposed. So we are in support of this variance request. We do look forward to seeing this road built in the immediate future that is the connection to Venture Street through to Macaile Meadows. We think that the criteria for the variance appear to be met by virtue of the fact that there are special circumstances affecting this property and that it's not possible to make connections to the east, nor the west, as found in the previous variance approval and donlt understand why two stub streets to the north, one of which would necessarily connect through Crossroads and the other at Venture Street would be necessary. We think that given the traffic levels in this area that the connection through to Venture Street would be adequate. We think that contrary to this variance being detrimental to the public welfare of the property in the area, it would be beneficial to Crossroads and to other -- to the residents of Macaile Meadows and to Driftwood to the south and also believe it would be consistent with the purposes of the Comprehensive Plan. We have continued to support the interests of the Crossroads Subdivision and the neighborhood association and I believe they may be here to comment tonight on that and we are hear to answer any questions you may have. Bird: I have none. De Weerd: I have none. Corrie: Okay. Thank you. Meridian City Council Meeting December 18, 2001 Page 52 Butler: Thank you very much. Corrie: Is there anybody else from the public for either the variance or the final plat? You're for? Courval: Mr. Mayor, I think I initially noted on the sign-up sheet that I was for, but as these things often become convoluted and complex, I guess I wasn't real sure whether I was for or against. Robert Courval, 3653 East Presidential Drive. I live in Crossroads Subdivision. As this progresses I find that I am for the variance. What I am against is the connection with the street that is stubbed in in our association -- or in subdivision, which is Florence Street. When a homeowner purchases a home on a stubbed in street they should assume that's going to connected at some point, but what you can't plan for is the eventuality of having a large behemoth super store at your back door and we have been under siege for about two years now and we have Wal-Mart next to us and I think Florence would be become a collector street for the entire block bound by Fairview, Franklin, and Eagle and Cloverdale, so I'm against the stub street going in in Macaile Meadows in the northeast -- northwest corner of the Macaile Meadows. Any connection with Florence would have a huge impact on us and as a member of the -- or as a homeowner and as the vice-president of the homeowners association we have discussed this and we would be against seeing that go through. So in that sense we are for. If there are any questions from you or the Members of the City Council, I would be happy to answer those. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, Bob, you're supporting the proposal that is before us tonight? Courval: That's correct. De Weerd: Okay. Thank you. Corrie: Any other questions? Bird: I have none. Corrie: Thank you, Bob. Courval: Thank you, Mr. Mayor. Corrie: Anybody else in the for category? Or neutral. So everybody can talk. Turney: Mr. Mayor and Council, my name is Holly Turney, I live at 4096 East Driftwood Drive and I represent Westdale Homeowners Association, and my .( Meridian City Council Meeting December 18, 2001 Page 53 purpose in being here tonight was to make sure that certain conditions of approval that had been omitted from the revised final plat have been brought to your attention and I see that staff has caught those omissions and they are Nos. 11, 12, and 14 on the staff report. Other than that, the only other thing that I have to say is that from our standpoint, the Westdale Subdivision, the access from Macaile Meadows to the north is more beneficial for Westdale than the access to Cloverdale, predominately because of the traffic situation that exists on Cloverdale today. It only continues to get worse, it doesn1t seem to be improving at all. Therefore, we would support this road to the north and if there is any way that this connection to Fairview can be accomplished now, it is to our benefit have it so, and, as I stated, it would help alleviate the traffic problems that are on Cloverdale. I personally try not to leave my subdivision after 3:00 olclock in the afternoon, because it's next to impossible to get on Cloverdale until about 7:00 in the evening. So if you would take that into consideration, I would appreciate that. Thank you. Corrie: Thank you. Anyone else for? Okay. Anybody against the proposal at this point? Okay. The developer has the last word here and any questions that might come up. Butler: The last word is that -- just to let you know we did go to ACHD and they have approved this roadway connection. As I said earlier, they had preferred it a few months ago, we could nit get it, and they have approved it. They like the road going to north. And also they have not required an additional stub. So they are not -- for what it's worth, because I know how some of the cities feel about ACHD. But they have not required it. Corrie: Surely you jest. Butler: Surely I used to be a city official. So, anyway, that's alii had to say. You do understand our position, though, don't you, that we are kind of in a pinch here. You know, I don't want to make this sound bad, but if we end up with, you know, things kind of going awry, we need to withdraw it. So, hopefully, you see the value in the roadway without requiring the additional stub and we appreciate -- really appreciate the neighbor's testimony in favor. With that, unless you have any questions - · De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would just, again, clarify that the street to the north would be constructed before your building permits; right? Butler: Absolutely. ( Meridian City Council Meeting December 18,2001 Page 54 De Weerd: How are you moving equipment in and out of that construction area rig ht now? Butler: In through the church -- through the church property. De Weerd: Okay. And do you have any response to the comments that staff has regarding this -- Butler: I really appreciate staff allowing us to come straight here. That time savings is so valuable for us and I think so valuable for the City. I did comment already on staff's findings. Without going into the details of my findings, I think mine are much better, because they allow our stub to not be required. So unless you want us to go into those findings, I think one of the very important issues is the relevance of the comprehensive plan and I did quote a specific section in there. You only have got two sections, one that's somewhat generalized and one that's very specific about preserving the tranquility and the safety of neighborhoods with regard to local roadways and I think that far outweighs the requirement to say, hey, your block length is too long in this case. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I was mildly opposed before to the entrance and exit into Cloverdale Road. I thought it looked like a nightmare to me, but I appreciate the cooperation that we have in getting the road to the north. Butler: I thought about you especially and thought that you would be especially happy with the alignment. I'm serious. Corrie: So is she. Butler: Thank you. Corrie: Thank you. Council, any other questions that we have for the Public Hearing? Bird: I have none. Corrie: Okay. Hearing none, I'll entertain a motion on closing the Public Hearing. De Weerd: So moved. Bird: Second. ( Meridian City Council Meeting' December 18, 2001 Page 55 Corrie: Motion has been made and seconded to close the Public Hearing on the variance and the Preliminary Plat, Items 14 and 15. Any further discussion? Then all those in favor of the motion say aye. Opposed no. All ayes, motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Okay. Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I was in Planning and Zoning when the Camp Plan amendment came through with Mr. Clark's property and I see that the stub to the north as it is on the final plat that had been approved was -- really put at risk that connection into Crossroads Subdivision and I know how much of a stickler point that was and so I think that as it's designed right now it does maintain the integrity of previous commitments, as well as make the connection to the north work and that's very much appreciated. Corrie: Any other comments? Bird: I have none. Corrie: Okay. Hearing no other comments, let's take the variance first. Request for a variance in the maximum subdivision block length or 1 ,000 foot in an R-8 zone for Macaile Meadows. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for variance for the maximum subdivision block length of 1,000 feet in an R-8 zone for Macaile Meadows, south of East Fairview Avenue and west of North Cloverdale and have the attorney draw up the proper papers. Bird: Second. Corrie: Motion and second to approve the -- have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order for approval of the variance on the subdivision block length for Macaile Meadows. Any further discussion? Roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. ( Meridian City Council Meeting December 18, 2001 Page 56 Corrie: Okay. All ayes. One absent. Motion carried. MOTION CARRIED: ALL AYES, ONE ABSENT. Corrie: Now we have a request for the Final Plat approval of 115 building lots and 19 other lots in an R-8 zone for Macaile Meadows. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for Final Plat approval of 115 building lots and 19 other lots on 28.58 acres in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC, and have the attorney draw up the appropriate papers. Bird: Second. Corrie: Okay. A motion has been made and seconded to approve the Final Plat on Macaile Meadows, 115 building lots, with the approval and the appropriate paper of request for the attorney to draw up the proper papers. Nichols: Mr. Mayor? Corrie: Yes, Mr. Attorney. Nichols: Mayor, Members of the Council, in terms the motion and the second, does that include the requirement that there is no building permits issued until that access is built through to the -- McCandless: Thank you. And it does. Corrie: You didn't disappointment me, counselor. Okay. With that inclusion, any further discussion? Hearing none, roll call. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: We have got quite a few Public Hearings left here. I'd like to take about a ten minute break if we could and we will come back and do as many as we can before 10:00, 10:30. [' Meridian City Council Meeting December 18,2001 Page 57 RECONVENED AT 9:31 P.M. Item 16. Public Hearing: CUP 01-033 Request for a Conditional Use Permit for a Group Day Care with approximately six children in an R-8 zone for Virginia L. Beberness by Virginia L. Beberness - Lot 14, Block 3 of Tremont Subdivision: Corrie: All right. I will reconvene the City Council and we are on Item No. 16, which is a Public Hearing request for a Conditional Use Permit for a Group Day Care with approximately 6 children in an R-8 zone for Virginia L. Beberness, Lot 14, Block 3, of the Tremont Subdivision. So at this time I will open the Public Hearing and do we have staff or have they all gone home? Stiles: Mr. Mayor and Council, this is for a property located in the Tremont Place Subdivision and the request for the day care, I believe she would like to have up to 6 children, but the Conditional Use Permit allows from 6 to 12 children and right behind the house here is Nine Mile Creek. The developer of the subdivision did put a sidewalk in on the northern boundary of Nine Mile Creek. There is a church here. It's mostly just the front portion of the property next to Pine that's being developed. This is pretty open back here. Vacant land. And then the home is surrounded by other lots within the Tremont Place Subdivision. We have our staff comments on this and the Planning and Zoning Commission's recommendation. It has been brought to my attention that there has been a 6 foot fence installed behind the chain link fence. There was a condition of the subdivision that they not exceed the four foot height requirement along Nine Mile Creek in accordance with our landscape ordinance, but there is now a solid 6 foot wooden fence. I would like the applicant to speak on whether that received a building permit or how that was put up and also the fact that this was -- the fence requirement is on the recorded plat and I guess if the Planning -- or of the Council -- City Council elects to approve the Conditional Use Permit as is, that there will be some requirement to -- if not reduce that to four feet -- I know it becomes a safety problem, then, for the children, then -- if nobody's out there watching them, anyway, that at least the fence be cut down to four feet and a see-through fence, perhaps some lattice type construction be added to the fence for the other two feet, but we will have that problem throughout this whole subdivision if we don't take care of it now, so other than that, I'd recommend approval, but that's the only issue that I could see with that. Corrie: Okay. Any questions from staff? Okay. Is the applicant here then? Beberness: My name is Virginia Beberness, 918 West Broadway Avenue. The house has been constructed and the fence is all the way around, all the paperwork is done to be constructed, so I just wanted to clarify that. 11m not sure I understand about the fence. The fence is pretty high up. It's wood and I understood from the beginning that it needed to be constructed in order to be able to even apply for the day care, obviously, for the safety of the children. So Meridian City Council Meeting December 18, 2001 Page 58 I'm not understanding what she means about the fence, what I need to change about it. Corrie: You want to answer that or I can. Stiles: We have a landscape ordinance that deals with construction of these pathways and these creeks and for the safety and visibility back there, our requirement is placed in the conditions of the plat and in this case it is also shown on your recorded plat that no fence can exceed four feet in height on that back boundary. Beberness: Okay. So in the back where it backs up to the creek, I need to reduce it to four feet and then the rest of it see through or it has to go down to fou r feet? Stiles: Well, that's up to Council of what they want to do with that, but the main issue is -- I know you want to have your children safe in your backyard and four feet would probably allow somebody to jump over the fence pretty quickly and, you know, who knows, but we don't want to see just a solid wall of fences back there that leads to the rest of it to be just a no man's land that nobody ever looks at, it becomes a crime area. If people don't tend to see the weeds that growing back there, then they don't complain or they don't do anything about it and they just become high for other people, those types of things. That's the reason for the four foot restriction, so - Beberness: Okay. So then it would be okay to make it four feet with the wood and then something see through? Stiles: Well, I'm just putting that out as an option. If Council thinks that's a good compromise or -- you know, we don't want to have to deal with this every place down the road, that they all want to put up a six foot fence and then we have lost what our intent was to begin with. Beberness: Right. The only issue I would have is the homeowners. They seem to have an issue about everything we do there. A bush. A tree. So I don't know how that's going to go. The reason I put up that fence is because I understood that that's what I needed to do, having invested $3,000 on that fence. So now I'm told different. Which, obviously -- and this is what I do, I take care of children. I have been doing it for three years in San Diego. I miss them. I want to continue. I'm willing to do whatever I need to do, but I'd like to keep the height, because, obviously, I don't need children climbing over fences and, you know, not that they are out there by themselves, but I mean I'm not perfect either, I can turn my head and a child could jump the fence in a heartbeat, so -- Corrie: Are you the only one that has a six foot fence there? Meridian City Council Meeting December 18,2001 Page 59 Beberness: Yes. Nobody seems to have any grass or fences or anything around their houses right now. Corrie: I would think they would be more apt to -- I guess if you have a fence and nobody else has one, but -- Beberness: I think -- yeah. I think they have issues with how much the fence cost, because a lot of the neighbors have approached me to found out who did the fencing when they find out the price of it they are like, oh, no. So I would be more concerned about what homeowners are going to say as far as their image of the neighborhood. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Now it says in here that you're going to watch up to six kids, in addition to your own. How many kids do you have? Beberness: I have three children of my own. De Weerd: Okay. Not seven? Beberness: Right. No, not seven. De Weerd: Okay. So if we were to ask that you put the see through -- two feet of the see through, you would be able to do that? Beberness: Yes. Before I would open up for children, obviously, I have to have that for when my licensing comes through for a walk through, they want to see what I'm actually going to be using. So that would have to be prior, just -- in order to meet with homeowners, I would think, if they would be okay. Maybe the wood fence that has the crisscrossing you can still see through, you know, through the holes that are, you know, so big, if that would be okay, just to keep the wood image, the look. Corrie: Any other -- Bird: I have nothing. Corrie: Okay. Thank you. Beberness: I have one more question. I don't know if this is even important, but on the paperwork I received, again, it says Block 3 and ifs actually Block 2. I just wanted to make sure that that's right. ( Meridian City Council Meeting December 18, 2001 Page 60 Corrie: That does make a difference for our attorney. Beberness: And that's it. Corrie: He'll be getting somebody else's permit. Beberness: Yeah. I don't think they want me to do day care in their home. Bird: Surprise them. Beberness: Thank you. Corrie: Thank you. Is there anyone here who would like to issue testimony in favor? Neutral? Opposed? All right. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. Bird: Second. Corrie: Motion made and second to close the Public Hearing. Any further discussion? Hearing none, all those in favor say aye. All ayes. Closed. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Council, discussion? De Weerd: I have none. Bird: I have none. Corrie: Okay. 1'1( entertain a motion for the request for a Conditional Use Permit. De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: I move we approve the request for a Conditional Use Permit for a Group Day Care Home with approximately -- well, in an R-8 zone for Virginia Beberness and on Lot 14, Block 2, of Tremont Subdivision, to also include the stipulation that the fence on the back property line be brought down to four feet and to allow it to maintain a six foot height, but with see through material. Meridian City Council Meeting December 18, 2001 Page 61 McCandless: Second. Corrie: Motion has been made and seconded to approve the Conditional Use Permit with the stipulation of the fence. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: That would include staff comments, too. Corrie: Okay. Any further discussion? Bird: I have none. Corrie: Roll call, vote, please. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Boy, I'll tell you, we have got a tough attorney. Bird: That's what we pay him all them big bucks for. Item 17. Public Hearing: CUP 01-034 Request for a Conditional Use Permit for an alternative school for Middle School and High School age students in an R-4 zone for Joint School District No. 2 by Joint School District No.2 - 930 West Pine Street: Corrie: Item 17 has been pulled off the agenda by the request of the School District. Item 18. Public Hearing: AZ 01-017 Request for annexation and zoning of .193 acres from RUT to R-4 zones for Packard Acres No. 1 by Packard Estates Developers, LLC - east of North Wingate Lane and south of East Ustick Road: Corrie: So we will go to Item 18, which is a Public Hearing, request for annexation and zoning of .193 acres from RUT to R-4 zone for Packard Subdivision No. 1 by Packard Estates Developers, east of North Wingate and south of East Ustick Road. At this time I will open the Public Hearing and staff comments. Stiles: Mr. Mayor and Council, this is to correct a problem with the recorded Final Plat for this property. The initial annexation included a certain area and { Meridian City Council Meeting December 18,2001 Page 62 when the Final Plat -- or the plat map was submitted without that area shown, but when the Final Plat was presented for signature -- well, I got that wrong. When the Final Plat was submitted it showed the additional area. It wasn't caught by any of the staff and the plat was recorded with this area that's not within the City of Meridian. So it was brought to our attention by the Sharps. We did proceed with informing the applicant and his engineer that there was a problem with the plat. We did hold building permits -- I think we were just holding one building permit still in order to fix this problem. We would recommend approval with staff and agency conditions, if there are any. Corrie: Okay. Any questions of staff? Okay. This is a Public Hearing. Is the applicant here this evening? Tealey: Mr. Mayor and Members of the Council, my name is Pat Tealey and I represent the developer Packard Acres and Packard Subdivision. This is -- this was an oversight in the annexation process, the original annexation process. I don't know if you want me to go into any detail, whether you understand it? Great. Thank you. Corrie: Thank you. De Weerd: We just wanted you to get up there and do this. Tealey: I appreciate that and this is probably the first Public Hearing that I have spoken to that the Sharps haven't, so -- Corrie: Anyone else to issue testimony for or against or neutral? Hearing none? Okay. That being the case -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we close the Public Hearing for the request for annexation and zoning. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing. All those in favor say aye. Opposed no. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Any other discussion? Bird: Mr. Mayor? 1 i Meridian City Council Meeting December 18, 2001 Page 63 Corrie: Mr. Bird. Bird: I'd move that we approve the request for the annexation and zoning of .193 acres from RUT to R-4 zone for the Packard Acres No. 1 by Packard Estates Developers, LLC, with the condition of staff, if there is any, and comments, for the attorney to draw up the proper papers. De Weerd: Second. Corrie: Okay. Motion has been made and seconded for the attorney to draw of the papers for approval and the staff comments on the request annexation and zoning on AZ 01-017. Any further comment? Mr. Berg, roll call vote, please. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: All present ayes. Motion is carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Item 19. Public Hearing: AZ 01-016 Request for annexation and zoning of 7.32 acres from County zone to C-G zone for proposed Meridian Storage by Touchstone Construction, Inc. - south of West Overland Road and west of South Meridian Road: Item 20. Public Hearing: CUP 01-032 Request for a Conditional Use Permit for a Planned Unit Development and storage facility in a C-G zone for proposed Meridian Storage by Touchstone Construction, Inc. - south of West Overland Road and west of South Meridian Road: Corrie: Number 19 is a Public Hearing. This is a request for annexation and zoning of 7.32 acres of County zone to C-G zone for proposed Meridian Storage by Touchstone Construction, south of West Overland Road and west of South Meridian Road. At this time I will open the Public Hearing on the request for annexation. Staff comments. Oh. Okay. Open both hearings, 19 and 20. Sorry. Okay. Public Hearings. Yes. Go ahead, staff. Stiles: Mr. Mayor and Council, this is for the property on Overland Road. It's directly across from Roaring Springs Water Park. It's also adjacent to this parcel of property that is I believe known as Rojo. This property is in the City. The Kennedy Lateral runs along the back of the Elk Run Subdivision and it is piped up to this point where it then traverses diagonally across the property and goes back out to Overland Road. The applicant has submitted a new landscape plan today. I don't know if you all have a copy of that. Did you all get a copy of this Meridian City Council Meeting - December 18, 2001 Page 64 new plan that was -- we received it on December 14th. Do you even know what I'm talking about? Bird: We have got it. Stiles: Okay. They have been some changes from the originally resubmitted plan. To give you a little more direction on where this is, this is all known as Cleanland Acres. They got a Comprehensive Plan Amendment to change that to a mixed planned use area. South is Bear Creek Subdivision. These are some views of the site. This would be the Raja. This is their proposed plan. You can't see -- I think the resubmitted plan was pretty nearly the same as the original plan, except they have shown the lawn areas where previously it was shown as gravel or some other material, I believe. They are putting lawn in the areas that are adjacent to the Bear Creek and the Cleanland Acres property. The recommendation was not to provide landscaping adjacent to Rojo and I don't -- I guess that's because of what the adjacent use was. But, if anything, it would -- it would serve only to probably provide a better view from Rojo and they pretty much have a solid wall of building there, except for a little narrow area, so apparently they didn't believe that would serve any purpose to provide the landscaping there. They did change from their original submittal to include pavement. They had originally proposed that all to be gravel. They are still proposing that the area for the RV storage be gravel and also this area in the back to remain a gravel area. They would have a caretaker's residence up near Overland Road and they think that there might be another use for this in the future. If there is, then they would come back with a revised plan and a Conditional Use Permit for a planned development with details of that plan. The Kennedy Lateral that currently traverses the site would be relocated to go along the south and west boundaries. Nampa-Meridian Irrigation District has provided a letter stating that they will allow trees to be planted in their easement, as along as it's 25 feet from the actual center line of the pipe. With that and barring any other testimony in opposition, staff would recommend approval of all staff and agency conditions. Oh, there was one more condition that they need to change the name of it from Meridian Storage to another name, as there is already a Meridian Storage in Meridian. That's it. Corrie: Shari, how big is that RV storage area? Stiles: This whole site? Corrie: No. Just the gravel part. Bird: 127 feet by-- Stiles: The architect IS here, Mr. Gibson. He could maybe give you that information. [' \ Meridian City Council Meeting December 18, 2001 Page 65 Corrie: Okay. Bird: 127 by 250. 127 by 250. Stiles: We probably need a clarification also from the architect. It does show a gravel retention absorption pit. I'm assuming that would be under the pavement? Okay. So all that area would be paved, except for the RV storage area next to Overland Road and the southwest area where they show -- oh, they are showing that as paved also. Okay. So the only gravel area is the front next to Overland. Sorry about that. Bird: It goes down on the east side, too, on this one. De Weerd: Is that's just gravel behind -- Gibson: It's just gravel. Three quarter crush. Stiles: They do show that as gravel as well. I'm sorry. Corrie: Okay. That answered my question and he can answer my question. Okay. Is the applicant here? Gibson: Mr. Mayor and Council, my name is James Gibson. Address P.O. Box 219 in beautiful Eagle, Idaho, and I am the project architect representing the project this evening. We are mostly here simply to answer any questions that you may have. However, a couple of questions have already come to us and we want to present you with the information. We have reviewed the project at length with the staff and we have no disagreement with any of the proposed conditions. We still feel they are very appropriate. One of the conditions or suggestions made at Planning and Zoning is that we communicate with representatives from Bear Creek and we have done that, we have visited on two occasions with Mr. Craig Groves and he is satisfied with the landscaping, which is proposed at the south border of this project, which borders in Bear Creek and we believe that that issue is solved, that he didn't really have any disagreement with it, but just wanted to confirm what the landscaping screening was there and we provided him with a copy of the design and discussed it with him and we believe that has been satisfied. The other question that we were asked to address is -- and confirm is the proposed hours of operation of this facility and the office is proposed to be open between -- shall we say normal business hours? That is 8:00 A.M. to 6:00 P.M. on a daily basis and the accessibility -- the access to the project by people who store things there would be -- the access hours would be normally 6:00 A.M. to midnight. It would not be a middle-of-the-night operation. And all other elements, such as lighting and landscaping, will be intended to screen the project, so it won't be objectionable to the neighborhood. We believe it would be an appropriate use of the property and are willing to address any questions that you may have. ( Meridian City Council Meeting December 18, 2001 Page 66 ( Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Gibson, on the one question that was brought up that was on the gravel at the RV deal there, I believe that's about a 127 by 300 foot area? Gibson: That is correct. Bird: And I would -- I have seen -- there is one in Boise that's put the gravel down like that and I think it's really appropriate, even over asphalt, myself, to a degree, because you have no problem with dust abatement or anything with that -- with the gravel; am I right there? Gibson: That's correct. Actually, the amount of traffic that would generate dust is very minimal in an area like this. It's not like vehicles drive on it several times a day. In fact, in reality, the vehicles that would be stored there are placed there and people come a few times a year to these spots. So the traffic is minimal. Also we proposed doing a -- shall we say a dust abatement or control method, such as using a resin compound on the surface that would prevent that. Bird: And also at that time it would be coarse enough that runoff would sink down; right? Gibson: Yes. That's the major reason -- Bird: We have no -- that's the major reason why, so we have no runoff there? Gibson: Yes. Yes. That's exactly right. Bird: Thank you. McCandless: Mr. Mayor? Corrie: Ms. McCandless. McCandless: Mr. Gibson -- I mean the police department had some concern about security in the south perimeter. I wonder if you have thought of that and what you think you might do about it? Gibson: We certainly have thought of that and, of course, the question is a valid question. The area in question is really the access or the easement for the canal that will be buried within that area. We considered lighting the area to make it more secure. However, in consultation with Mr. Groves that was felt to be undesirable to light an area essentially in people's back yards and so we are not ( Meridian City Council Meeting December 18, 2001 Page 67 proposing that at this stage. The area will be fenced. Bear Creek will provide their fence, which is really at a south border of the project property and then approximately 50 feet inside of that will be another security fence. So the area will be very well fenced and would be very difficult for someone to gain access to cause any trouble there. It would be, in fact, considerably more secure than normal residential back yards backing up to each other, because there are these security -- two security fences there. So we don't really see that as a problem that could be addressed without shall we say causing a worse problem, such as light pollution onto the neighboring property. McCandless: Thafs one of my concerns. Gibson: Yes. McCandless: Thank you. Gibson: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: This gravel surface on the east property line, what purpose is that? Gibson: Simply to provide a clean surface there, rather than just bare dirt. The reason that there is a building setback there is a building code issued to provide the setback, so that there isn't a required two hour fire wall on that property for these very simple buildings and the area, frankly, is almost what we would say a no man's land. You saw, I believe, earlier, that fellow -- the neighbor's wall along there and so the area will hardly be visible by anyone, unless they enter that area specifically and look at it. So the reason behind the gravel surface is simply to provide a surface that would not be subject to a lot of weed growth and so on. A clean surface there. De Weerd: How will you discourage vehicles from driving back there? Gibson: Well, there isn't any real access to that. I suppose someone physically could get there, but it doesn't go anywhere. I don't -- I don1t think people would be likely to try to drive there. De Weerd: You would be surprised. Gibson: Well, someone could -- someone could, but the road doesn't -- it isn't a road, it doesn't go anywhere. If that's a real concern, I don't -- I don't think we would have any objection to putting a fence there to discourage driving there. Meridian City Council Meeting December 18, 2001 Page 68 Corrie: Would there be cars back there? Gibson: No. No storage. Corrie: Sometimes that happens. Gibson: No. That's not intended as part of this project. Bird: You could just put bollards right down at -- De Weerd: Right at the end of that. Bird: Down in there. Gibson: Sure. That would -- that's probably a good idea. Corrie: Okay. Anything else? Gibson: Nothing, unless there are other questions. Bird: I have none, Mayor. McCandless: I have none. Corrie: Thank you. Public testimony. Is there anyone here that would like to testify for, neutral, or against? Okay. Hearing none, Council, what is your pleasure? Want to close it? De Weerd: Yes. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd move that we close the Public Hearings for the annexation and zoning for Meridian Touchstone Construction's proposed storage unit and also the request for a Conditional Use Permit for the Planned Unit Development of the Touchstone Construction's proposed storage. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the annexation and zoning and Conditional Use Permit for Meridian Storage, which will change their name. All those in favor say aye. Okay. All ayes. Motion carried. ~t Meridian City Council Meeting December 18, 2001 Page 69 MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Any further discussion or questions? Okay. I'll entertain a motion on the annexation and zoning. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Before I make the motion I want compliment the applicant. I think this is a first class storage unit to be coming into Meridian. Appreciate it. With that I would make a motion that we approve the request for annexation and zoning of 7.32 acres from County zone to C-G zone for the proposed Storage Unit by Touchstone Construction, Incorporated, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion has been made and seconded on the annexation and zoning and to have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order in the affirmative. Further discussion? Hearing none, roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: Okay. Three ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Request for the Conditional Use Permit. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Conditional Use Permit for the Planned Unit Development and Storage Facility in a C-G zone for a proposed Storage Unit by Touchstone Construction, Incorporated, south of West Overland Road and west of South Meridian Road, with the conditions of the staff and also putting some bollards at the location on the back of the east side of the -- on the southeast side of the property, so they are not accessible, and for the attorney to draw up the proper papers. De Weerd: Would that include the hours? Bird: The hours of operation as stated in all the public testimony and statements. Meridian City Council Meeting December 18,2001 Page 70 De Weerd: I would second that. Corrie: Okay. Motion has been made and second to approve the Conditional Use Permit with staff conditions, the bollards, and the public testimony of the time. Any further discussion? Hearing none, roll call vote, please. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Item 21. Public Hearing: PP 01-019 Request for Preliminary Plat approval of 115 building lots and 10 other lots on 29.93 acres in an R-4 zone for proposed Woodbridge No.2 by Woodbridge Community, LLC - east of South Locust Grove Road and south of East Franklin Road: Corrie: Item No. 21 is a Public Hearing on a request for a Preliminary Plat approval for 115 building lots and 10 other lots on 28.83 acres in an R-4 zone for proposed Woodbridge No. 2 by Woodbridge Community, LLC, east of South Locust Grove and South of East Franklin Road. At this time we will the open Public Hearing. Staff comments first. Stiles: Mr. Mayor and Council, this is for the remainder of the property in Woodbridge Subdivision that's located east of the Five Mile Creek adjacent to the Magic View Subdivision and also the Locust View Heights Subdivision. Greenhill Estates is to the north and this is all county property here. We have -- there is a revised plan. They did get overall approval for this at one time, but they had revised their plan and so that's why they are coming back with a new Preliminary Plat. One of the conditions of the -- I don't know if it was the planned development or the original plat, was that they would have to have a second access into the subdivision after the -- I think it was the 200th home and they haven't got this location tied down yet. They do have a public road that the roadway is going to be dedicated through to Greenhill Estates. However, at this time they are not proposing a roadway section or the typical public street, it was going to be a pedestrian and emergency vehicle only at this time. I believe Gary Smith or Brad Watson had some issues related to this subdivision that they can address. There will be pathway along Five Mile Creek and the applicant to speak to the details of that as they have been worked out with the Parks and Rec director. There is a sewer easement existing along the eastern side of Five Mile Creek that they will have to maintain for access for the vehicles. I will let Gary or Brad speak to the public works issues. Smith: Thank you, Mr. Mayor and Council. There were two issues that the applicant responded to in the staff comments with the request for revision. ( l Meridian City Council Meeting December 18, 2001 Page 71 Excuse me. Suggested modification to the staff comments. The first item concerned the sanitary sewer. We didn't have any problem -- excuse me. There was no problem with the language of the sentence that they wanted to add to Staff Condition No.1. Excuse me. Staff Condition No. 2 deals with the water supply for the subdivision and our concern of the pressures. The applicant has suggested modification to the staff requirement to connect this piece of the subdivision to the water system that exists in -- I think it's Magic View Drive to the east of the subdivision boundary and the applicant is requesting that the City participate in the cost of that connection. Staff feels very strongly that the connection to the high pressure zone, which is the water line in the Magic View Drive, extended to -- I believe it's Allen Street right now at the Texaco station, will be necessary for this portion of the subdivision, as well as improve the pressure conditions in the number one subdivision phase. In November of this year and October of this year, the October 25th, 26th and November 14th and 15th a pressure recorder was installed in Subdivision Phase No. 1 at the water meter location. The average pressure at that point was 42 psi and there were three times during the day on the 25th and 26th where it dropped to approximately 21 psi and during the two days on November, 24 hours in the November, it dropped five different times during the day to 21 psi. Those were those low times under high demand. So it's our feeling that it's necessary to connect to the high zone and the question that the applicant has raised for modifying the staff comments to include the City of Meridian as a participant in the cost of that connection. And as a second note, during the month of October for the shorter season of the irrigation season when the water left the ditches early, there was 2,090,000 gallons that was used for irrigation of City water for the month of October through the PI system. Thank you. Do you have any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, Gary, what is staff's recommendation on participating on the City side? I mean is this something that we have done before or is this setting a precedence for something else? Smith: My memory is not serving me very well if we have done this before. I don't think we have. I think typically the extension of the water mains has been at developer expense. Now there was some off-site extension that was required by this developer on Locust Grove Road to get the water into the subdivision. They came from the access road in front of Jabil, picked up the water there, extended it down Locust Grove and into and through their subdivision and they are carrying a large diameter line through their subdivision from west to east to make the connection -- a future connection to the water line access. So they are extending a larger diameter line than what they need for this subdivision through their subdivision as a requirement of the Public Works Department. It is on our -- Meridian City Council Meeting December 18, 2001 Page 72 I think ifs near the half mile grid to get us over to Eagle Road eventually, which would be the Magic View Drive. De Weerd: And is that a usual requirement to bring it to and through the -- Smith: Yes. That is a usual requirement on mid section line and on section lines that they upsize the diameter of the water line. De Weerd: Thank you. Corrie: Okay. Any other questions for staff? Bird: I have none. Corrie: Okay. Public Hearing. The developer. OINeal: Mr. Mayor, Members of the Council, my name is Derrick O'Neal, 168 North 9th, Suite 200. I just ran in the door from a four hour trip down from McCall and 11m having a little trouble getting up to speed here. De Weerd: And you haven't had time to shave. O'Neal: And I haven't had time to shave. I appreciate that. I think I can keep this pretty simple and go through it and I just want to make a few comments. Our Phase Two request is consistent with the Conditional Use that was approved in January 2000 and as you guys probably remember that Conditional Use addressed the open space amenities, community center, fencing, landscaping, and access and we have submitted the application consistent with that Conditional Use. In regard to the staff report and some of the comments made, one, we feel very good about the staff report. I think it was a very good report. A couple of clarifications or just maybe trying to bring a couple things to closure. I missed the first part of Shari's comments, but the emergency access which ties into Greenhill Estates, when we submitted the Preliminary Plat we had an error, our engineer did not submit that as an emergency access and we apologize for that. We have corrected it since then. We are being exactly consistent with the Highway District and with you guys' comments. We intend that to be the emergency vehicle access, we are going to give the right of way to the City in the plat and we are going to improve it the way we had talked about. In regards to the secondary access, we have been working on the deal and I think there with the owners so we can connect to that at the time of the improvements for the second phase, which is earlier than what we have in the conditions. We'd like to get that done just as much as you guys would, so we are going to try to get that done right along with the Phase 2 improvements, as part of those construction improvements. And, lastly, the comments on the high pressure water connection, I know we are probably not going to get a lot of sympathy from you, but I think we have a case to ask for some participation from the City and I'll just Meridian City Council Meeting December 18,2001 Page 73 outline a couple of comments. One, we are not in disagreement that this needs -- this connection needs to be made and we want to move the low pressure and the high pressure systems, so we are going to do that one way or another as part of the Phase 2 improvements, so we don't disagree with Gary, we think it's good for the community and it's good for City to do. I guess we just have a difference in a couple of things. One, I think this connection is benefiting the City, not just Woodbridge. It's connecting the high pressure zone and the low pressure zone, which is a good thing for the City. That's not just a sole benefit for Woodbridge, I think it's -- whenever you can loop a water system that's a very positive thing. Two, we think that even though it's not acceptable to the City and probably not acceptable to us, we certainly meet the requirements of the health department, the district health department and DEQ in terms of water pressure. So it may not be meeting the standards that they would like to set and the City likes to set, which are higher than those, we currently think we are meeting the requirements of those agencies. So -- and then I think there is some other owners along the Magic View area that are going to benefit from this as well. So we don't think it's just there to handle the Woodbridge project, it's going to provide a great benefit 0 other areas as well. I guess that was our rationale, if I had any, of why we don't think it should be a complete responsibility of Woodbridge. The connection is going to -- it's probably over a quarter mile passed and beyond Woodbridge and it's going to be in the public right of way and it's going to be part of the project. It's a $50,000 bill there to do that. So aside from that we are in agreement with the staff report and we are -- and we are ready to go with this and if you're not in favor of some sort of cost sharing, we certainly want to make sure -- and I think we do, but we want to make sure we preserve our right to be able come in for late-comers on the other people connecting to the system and benefiting from it and I'm sure that we can -- I just want to make sure for the record that we preserve the right to do that. That's it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So do you feel that you're being asked to do something that other developments are not being asked to do? O'Neal: I don't know. I don't know what the City's policy has been and how they have handled it. I certainly think that the pressure meets the requirements of the agencies that we are aware of and I think taking it a little bit further and connecting the loop has probably not necessarily been asked to do something different, but I think in some cases how you guys bring it to and maybe just stub it to the edge of the property, we are going to take it even further. So I don't know specific cases of what the City has done in other areas, but I certainly -- I know in the past what we have been required to do is take it to your property and then through your property and stub it there, not take it additionally further. This is a Meridian City Council Meeting December 18,2001 Page 74 little different and this is giving us additional pressure, but I'm not sure that answers your question. De Weerd: Yeah. Corrie: Any other questions? Bird: I have none, Mayor. Corrie: I guess I have one, Derrick. We just tabled a late-comers fee until the 15th of January for discussion purposes. Can you shed any light -- are you going to ask for the same thing on this one as you're asking for that -- the one previous that we tabled, that -- the five year, four percent? O'Neal: I'm not -- Corrie: You're not with us - O'Neal: I'm not with you. I missed that part of meeting. You deferred the -- Corrie: Right. Right. And we -- I guess it says here on the Item No.1, late- comers fees be paid prior to City signatures on the Final Plat or applicant shall enter into an agreement with the City prior to the signature. But is it your intention to do the same thing as you were asking on that other one, first phase? O'Neal: Yes. We prefer to take that entire later-comers fee and I think, as addressed in the letter, we'd like to have a payment program as outlined for Phase 1 and 2 for the total $134,000, whatever that was. Corrie: Five year period at four percent? O'Neal: Yes. Corrie: That may have something to do with the City's participation at the end of it, too, so -- O'Neal: Yeah. Corrie: -- I just wanted the Council to be aware of that. Okay. Thank you. Anyone else from the public that would like to issue testimony? Beecham: Scott Beecham. 168 North 9th Street, Suite 200. Derrick did not have an opportunity to take a look at the packet, so I will just add that it appears that the recommendation from Planning and Zoning includes comments from ACHD on Phase 1, as opposed to Phase 2. There are new comments from ACHD, dated October 24th, that should be included as an alternative. Meridian City Council Meeting December 18, 2001 Page 75 Corrie: Okay. Beecham: Thank you. Corrie: Thank you. Anyone else for public testimony for? Against? Okay. Council, any questions for the Public Hearing folks? I'll entertain a motion to close the Public Hearing on Item No. 21. De Weerd: I'd move we close the Public Hearing. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Council, comments? Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: As far as the language regarding the late-comers on the P&Z recommendation, page two, number one, that's sufficient language so that we can deal with that late-comers at a later time? Smith: We believe so. De Weerd: Then as far as the domestic water system and the City's participation in that, are we asking the applicant to do something beyond going to and through that would warrant the City's participation? Smith: Council Member de Weerd, Mayor and Council, from one standpoint the answer is yes, but, secondarily, I think we have a unique situation here where we have a low pressure problem. If we have -- and I believe a minimum pressure requirement in the street is 35 psi by the health agency -- could be wrong, but I think that's what it is -- and we have times where it dips to 20 psi, I think we have a pressure deficiency problem that we weren't positive of, because we were running this on our water model and we didn't have any good field data in that area. It provides an upgrade of the pressure in the subdivision that has already been -- the developer has already provided a pressure reducing station at the entrance to the subdivision at Locust Grove Road. They have provided the funds for equipping that vault to hold the pressure reducing station to allow water to Meridian City Council Meeting December 18, 2001 Page 76 come back into the low pressure zone at that point. So it was anticipated that we could have a problem with pressures in the subdivision as it continued to develop to the east. Another item of concern is to have reliability where we have water available from two directions to the subdivision. Now a large subdivision like this if you have a water problem on your main line coming into the subdivision and you don't have a secondary point of supply, then you could have a subdivision without water for a period of time until repairs are made. Of course, that's what they get, but we deal with the ifs all the time. So I think we have a couple of unique issues here that could promote the extension of the water line to our existing high zone pressure. De Weerd: How is that for a political answer? Smith: But typically our requirement is to extend the service lines to and through the development. Bird: Mr. Mayor? Smith: Without these limitations. Corrie: Mr. Bird. Bird: Gary, I understand that the developer is willing to bring it through and to and what -- the one to the east that we are looking off of is down to the IMI West, I believe, there a Magic View. Am I not right? I don't believe that house next to them was hooked up to the City water, are they? Smith: I don't know what IMI West is. Bird: That's the one right behind Hubble Engineering. You got water to Hubble and all them down there on -- Smith: Yes. Water is extended to -- from Eagle Road to Allen Street, I believe, and 11m not sure -- Bird: They don't go through to -- passed Allen Street? Smith: 11m not sure how far it goes east -- or west of Allen, if it goes west. Bird: Okay. Smith: Now there is a development that is taking place on the northwest corner of Allen and Magic View, I believe it is. It is Winston Moore's subdivision -- Bird: That's already got water ran there, because they have got Lincoln Plaza and Mountain West Bank has already got water. Meridian City Council Meeting December 18,2001 Page 77 Smith: Okay. Well, if he's developed along Magic View, then I would suspect the water has been extended to his west boundary, but I could nit say for sure. Bird: Yeah. Thafs -- what are we looking at, Gary, costwise to bring it on down - - if they bring it to, what is the City's liability to bring it on down? Smith: Well, I -- you mean in terms of cost? Bird: Yeah. Smith: I havenlt -- I haven't looked at the cost of the water line. Derrick said that it was around $50,000 to extend it from where it is to their east boundary. So I don't know of any other cost besides that. Bird: 50,000? How many feet? Smith: He said it was about a quarter of a mile. Bird: A quarter of a mile? Smith: 1 ,300 feet. Bird: So we are probably looking at 100,000 if we are a half a mile away. Smith: I would assume so, if that'? the case. Yes. And we have got pavement to replace, as well as the installation of the water main. Bird: Is that water main is right in the middle of the road? Smith: I don't believe so. Typically, the water is on the north and east side of the roadway and it may be off the edge of the pavement. I'm not sure, Councilman Bird, where it is exactly. But generally on the rural roads we are slightly off the pavement edge with the water line, unless there is a gas line there or telecommunications of some kind that we have to deal with outside of their corridor perhaps. I really think that as this subdivision develops we are going to get phone calls with low pressure problems without this connection. Bird: Where is the well, Gary, that's pumping into the existing Woodbridge, the location of the well? Which well number is he doing that? It isn't the one coming from -- over by the speedway, is it? Smith: Get myself oriented real quick here. Well No. 21, which is the new well at the watertower I think would pump that direction out into Water Tower Lane and then east on Water Tower Lane to Locust Grove would probably be the main supply well. ( Meridian City Council Meeting December 18, 2001 Page 78 Bird: Is that the one -- and you say it takes off and goes up by Jabil and they pick it up and Jabil, instead of coming down Water Tower where -- which one is over by the police station? Smith: Water was -- yes. Well, the police station is hooking to the water line on Water Tower Lane, which has been built since Woodbridge first phase was built. Bird: Yes. Smith: So where Woodbridge picked up the water on the street coming in front of the Jabil was the only place that water existed at that point, other than Franklin Road. Bird: Does this well service Barnes' development up there, too? Smith: Yes. Bird: Okay. Now over an Allen Street, Magic View, is that the well that's out at St. Luke's? Smith: No. That well is Well No. 16 and also Well No. 17 on the other side of the interstate on -- in the Los Alamitos Subdivision. Bird: It's the one that comes back through the interstate and comes out at -- Smith: It comes under the interstate and 16 pumps north and south off Eagle Road. Bird: Okay. Smith: So 16 and 17 are supplying that high pressure zone. Bird: Gary, I -- the only thing I -- I have a problem. We have asked all the developers to go and -- go through and -- through their property with their stuff. When they annexed we -- our ordinance says we will supply water and sewer, I believe. If we are not supplying the deal, I think it's up to the City, which is just another reason for good fees, to run that on out ourselves that -- if he brings it through his development, he has done what is required by the City. So if we need to get that pressure and stuff up, then I guess we are going to have to bite the bullet and bring it back in and get our fees going. This is the reason we need those fees, so that we don't have to have these arguments like this, we put it in and they pay for it. So that's my only comment. Corrie: Any other comments? ( Meridian City Council Meeting December 18, 2001 Page 79 Bird: You can comment. Corrie: I know I can. I said my part. Okay. Any other comments? Okay. Then that's -- if everybody is through, I will entertain a motion on the request for Preliminary Plat. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I will try to stumble through this and hope I get it right. First of all, I want to make a motion that we approve the request for Preliminary Plat approval for 115 building lots and 10 other lots on 29.93 acres in an R-4 zone for proposed Woodbridge No.2 by Woodbridge Community, LLC, east of South Locust Grove Road and south of East Franklin Road, with staff comments, excluding the developer is to bring the water line through his property and if the water pressure does not meet our standard, then the City of Meridian, who -- our ordinance states that we will, when they are annexed, that we will furnish water and sewer and we will hook up to the line over by Magic View to get the pressure going in there at our expense, so there will be no late-comers fees or anything like that on the water. That's my motion. Ask for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any other comments? Okay. Hearing none, roll call vote. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: Okay. Three ayes. Motion is carried. MOTION CARRIED: ALL AYES. ONE ABSENT. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would like to compliment Woodbridge. This is turning out to be a real nice subdivision. It looks really nice. Item 22. Public Hearing: PFP 01-006 Request for Preliminary/Final Plat approval of 2 building lots on 10 acres in an L-Q zone for Tramore Subdivision by Thomas Development Co. - south of West Pine Avenue and east of North Linder Road: I Meridian City Council Meeting December 18,2001 Page 80 Item 23. Public Hearing: CUP 01-036 Request for a Conditional Use Permit for the construction of a 72 unit wood frame, three story senior apartment complex in an L-Q zone for proposed Tramore Senior Community by Thomas Development, Co. - south of West Pine Avenue and east of North Linder Road: Corrie: You've got my wife out there looking and that's bad. Okay. Item No. 22 and 23. Public Hearings. Did we lose Mr. Butler? Request for Preliminary/Final Plat approval of two building lots on ten acres in an L-Q zone for Tramore Subdivision by Thomas Development. Also a request for a Conditional Use Permit on a 72 unit wood frame, three story senior apartment complex in an L-Q zone for the Tramore Senior Community. At this time I will open the Public Hearing and staff comments. Stiles: Mr. Mayor and Council, this is for the property that's located adjacent to -- I think they call it Sunbridge now off of Pine Street. This is the church over here. This has been used for sometime for some kind of BMX bike facility. A long time ago this property had been proposed to be developed as what call the Pine Bluff Apartments and it was done as an entire community in this -- on these lots, but the funding never seemed to appear for that project, so now what they are proposing is a senior housing development and in order to do that, that it is only - - it has not been subdivided legally, they have to go through the subdivision process. They will be separating the northern parcel from the back parcel and they are proposing that the plat be permitted with the back property being responsible for constructing a bridge over the Nine Mile Creek at the time they apply for a building permit. The back portion of the property, because of the size of it, will likely involve more than one building and would be required to come through as a Conditional Use Permit. Showing the property from Pine Street. showing the Nine Mile Creek. They do have a pathway in Tremont Subdivision. The way this plat is laid out the initial building permit would exclude the Nine Mile Creek easement area from that lot. It would be included with the back portion of the lot. So they are not proposing to develop a pathway there at this time. Our current Comprehensive Plan does not require the pathway along Nine Mile Creek, but we have been encouraging that along any areas of the Nine Mile Creek, since the Nampa-Meridian Irrigation District has agreed in principle at least that this creek they will allow pathways along. There were some issues with Ada County Highway District and Mr. Butler can address those. I believe they have been worked out. They were concerned about access and future access for adjacent property. This was a potential scenario we saw happening because of the existing public roadway across the street, that a public roadway may be required along the eastern boundary of this property. It would go through the Tremont Subdivision and bisect these properties where the existing church is now and where this vacant property is and has some public road construction at least connecting with the property to the south. They have submitted a landscape plan and I believe it complies with our landscape ordinance. They have elevations of the facility they are proposing to build. They are showing -- I Meridian City Council Meeting December 18, 2001 Page 81 think you can see on your plan better. It's real hard to see on this one. It has patios along the back. This is extensively landscaped. I believe most of the issues that we had with the project have been worked out with the applicant. We are in need of affordable housing for seniors in this area and we would recommend approval with all staff and agency conditions. Corrie: Questions from Council? Bird: I have none. Corrie: Okay. Open the Public Hearing on the Conditional Use Permit and also the Preliminary Plat/Final Plat. The developer? J.Butler: Joann Butler, 702 W. Idaho, representing Thomas Development, who couldn't be here tonight. We apologize. I would just like to briefly -- I did attend the first neighborhood meeting for this project before the application and it was really very heartening. We had many people coming from across the way, across Pine Street, and they were very curious about the project. They wanted an application for my mother in law or whatever and so clearly the need that was shown in the study is evident out in the community. As Shari said, the ACHD issues have all been resolved. There are some in your report, if you see anything that indicates that those haven't been resolved, they have been resolved at this point. We are asking you to pass along all of the recommendations of the Planning and Zoning Commission. There is one that I would just make a clarification on. With regard to right about the -- this is a two lot subdivision, but the northerly lot for Pine Street does not include the Nine Mile Drain Easement and the owner of lot two will ultimately construct the bridge over Nine Mile Drain, although we are bringing the private roadway all the way down to the easement. The Planning and Zoning Commission said -- and I'm referring to -- it's paragraph 2-G on page four of the Final Plat Report. The Commission recommended that we make written commitment as to when the bridge over the Nine Mile Drain would be constructed and give the general terms that the property owner will be responsible for the bridge construction and I can tell you that the general terms of our agreement with the property owner to the south is that the property owner will construct at their cost a bridge over the drain and you have required to -- the P&Z recommended requirement of a plat note that indicates that, that they have to build that bridge prior to building permits. But as far as a written commitment, we can't provide -- we can't tell you when that will happen, because that is up to them. So I think there just needs to be a clarification on that particular recommendation from the P&Z. And, finally, I think that in talking with Ms. Stiles I think we have sorted out the issue on setback. I think there was a confusion with the P&Z as to thinking that there was not enough setback between the building and Pine Street, but it appears from scaling it off that we meet the setback requirement. Of course, you do require a unified plan for landscaping and we have provided that in the landscape report. Other than that, I don't have any clarification, but if there are any questions that I can Meridian City Council Meeting December 18, 2001 Page 82 answer, I will be happy to. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Well, I was wondering where you were going to relocate the BMX field. That is a very positive amenity in Meridian. Corrie: Okay. Anyone else from the public like to issue testimony? Okay. Council, questions? Okay. Moving right along. I'll entertain a motion to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we close the Public Hearings for the request for Preliminary PlaUFinal Plat approval of two building lots on 10 acres in an L-Q zone for Tramore Subdivision by Thomas Development and also the request for a Conditional Use Permit for the construction of a 72 unit wood frame three story senior apartment complex for Tramore Senior Community by Thomas Development. Corrie: Do I hear a second? McCandless: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on request for a Preliminary/Final Plat and also a Conditional Use Permit. Further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Questions? Discussion? Okay. Hearing none, I'll entertain a motion, then, on the request for Preliminary/Final Plat approval. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the request for Preliminary/Final Plat approval of two building lots on ten acres in an L-Q zone for Tramore Subdivision by the Thomas Development Company, south of West Pine Avenue and east of North Linder Road, with the condition of the staff and agencies, with the Meridian City Council Meeting December 18, 2001 Page 83 clarification as stated by the applicant regarding the bridge and the setback and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made to approve the request for Preliminary/Final Plat and for the attorney to draw up the documents and to incorporate he staff comments and on the agreement on the bridge with ACHD. Any other comments? Okay. Roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Any other discussion on the Conditional Use Permit? Okay. Hearing none, 1111 entertain a motion on that one. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approval the Conditional Use Permit for the construction of a 72 unit wood frame three story Senior Apartment Complex in an L-Q zone for proposed Tramore Senior Community by the Thomas Development Company, south of West Pine Avenue and east of the North Linder Road, with staff and agency comments and for the attorney to draw up the proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a Conditional Use' Permit, 01-036, with the attorney to draw up the proper papers. Any further discussion? Roll call vote, please, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: All three ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Item 24. Public Hearing: VAR 01-014 Request for a variance for the requirement to record the Final Plat within one year of approval by City Council in an R-4 zone for Pintail Pointe Subdivision by Kelly Meridian City Council Meeting December 18,2001 Page 84 Hunemiller - south of West Cherry Lane and east of North Black Cat Road: Corrie: Item No. 24 is a Public Hearing for a request for variance for the requirement to record a final plat within one year of approval by City Council in an R-4 zone by Pintail Pointe Subdivision, south of West Cherry Lane and east of North Black Cat Road. At this time I will open the Public Hearing and invite staff comments first. Stiles: Mr. Mayor and Council, I'm not sure if you recall the previous request for a time extension on this. The applicant was proposing a change originally and had requested the extension and staff felt that the extension would not serve the purpose that was being sought by the applicant, because they would have had to file a new Preliminary Plat, because it didn't comply with the approved plan. They are now requesting a variance from the Preliminary Plat -- from the requirement to record the plat within one year of written approval of the Council. They do state -- the applicant did state that they weren't informed of the denial by City Council, but I believe the majority of the improvements are complete, didn't feel there was any real purpose to make them start the process anew and go back to the Planning and Zoning Commission. This was heard, apparently, before, because the property was not posted, but unless Gary has anything to add, we would recommend approval, maybe not the one year, but hopefully they will be able to record that and get it into the -- so they can get building permits soon. There was an issue brought up by the adjacent landowner that Blackstone Subdivision, it was previously approved as English Gardens. As a condition of the Pintail Pointe Subdivision's approval, they were required to see how they could ook up with the pressurized irrigation system of the Blackstone Subdivision. They have done that and they have also -- and I believe they also connected to a lift station that was constructed in Blackstone. So apparently at least as of a couple days ago they hadn't worked out an agreement where they would pay that developer of Blackstone Subdivision their fees and we would recommend the approval of the variance and signature on the plat at such time as evidence is presented to us that that agreement has been reached and all fees have been paid to the adjacent developer. Other than that, that's alii have. Corrie: Okay. Any questions of staff? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Shari, what kind of time limits are you looking at? The full one year, within one year, or what? Stiles: I think they are just really anxious to get this out. I don't think it's going to take even two months. But six months would be plenty for it. Meridian City Council Meeting December 18,2001 Page 85 Bird: Do you want us to -- what are you recommending? One month? Two months? Or one year? Stiles: I guess I would recommend two months. Hopefully we'd get this resolved with -- you can't do it in two months? Six months? They are saying they need six months. Apparently they don't -- haven't come to an agreement with the cost that the adjacent developer is coming up with for the project, so, I donlt know, I guess they think that will take longer to resolve. Corrie: I'd like to ask the applicant. Woodruff: My name is Amy Woodruff with J.J. Howard Engineering. Offices at 1675 Hill Road in Boise. I will try to keep this very simple. The project was -- the Preliminary Plat was originally developed and approved with one developer, then the project was sold to a second developer. Unfortunately, the applicant, nor the representative was here at the Final Plat hearing, but made a request for the one year extension and there were some issues -- my apologies to staff if that wasnlt clear. There were some issues and consequently that extension was denied. As staff pointed out, the subdivision was constructed lock, stock, and barrel. These folks opted to go ahead and construct and not bond. They are scheduled to have their plat signed by the Ada County Highway District tomorrow night. That's the first signature that they will procure. So they are really just right at the beginning of this plat signature process. That's the reason that I suggested perhaps six months, because we don't know what can happen with those plats and the language at Central District Health and they just languish. So that's why I asked for the six months, if not, you know, a full year in between that. The developer of Pintail Pointe did meet with the developer of -- I call it English Gardens, but Blackstone Subdivision and she felt strongly that they would be able to reach some sort of agreement and they could have that forwarded over to staff within the end of the week. They are very very close. I know staff recommended that that be dealt with on a building permit basis, I guess, when those folks -- you know, building permits are not the issue, until that was taken care of. I know we are very very close with that. So I'm just before you to ask that you please grant this variance tonight and let these folks move on with their plat. Bird: Are you asking for one year? Woodruff: 11m actually not asking for one year, but six months would probably be adequate. Bird: One year from the original date would be -- Nichols: Mr. Mayor, Members of the Council, the time for filing expired on June 20th, 2000, so it would be extended to June 20th of 2002. Meridian City Council Meeting December 18, 2001 Page 86 Bird: That would extend it one year. That gives you a little over six months. Corrie: Okay. Any questions? De Weerd: No. Corrie: Okay. Thank you. Clint? Boyle: Mayor and City Council Members, Clint Boyle with Pinnacle Engineers, 12552 West Executive Drive and Amy did a great job of summing it up, as well as Shari. The issue -- I'm here representing Projects West, which is Paul Edminster, who is the developer of English Gardens or Blackstone Subdivision as the plat has been recorded and I just wanted to submit a couple of comments tonight to you regarding the agreement between Projects West and Ms. Hunemiller on this particular project. They did meet this evening and I have verbal confirmation from both of those developers that they have agreed to a fee payment. That particular fee payment I was told was $1 ,489.25 per lot that Pintail Pointe would be reimbursing to Projects West and those fees are associated with the pressure irrigation system, including the pressure irrigation Jines at the pump station and other facilities associated with the pressure irrigation system that they have tied into, that that was constructed with the Blackstone development, as well as a sewer lift station and associated pressure sewer line. So I agree with Amy, they are close on the agreement, but at this point in time I guess I just would agree with the staff comments, that we would like to see that agreement in writing and submitted to the staff prior to issuance of a building permit, which sounds like that should be more than ample time at this point in their platting process. With that said, the only other item that the developer also wanted to note as a potential condition approval granting the variance was that Pintail Pointe Subdivision developer is also going to be incorporated into the covenants and restrictions for Blackstone Subdivision and that he would also like to have that be noted as a condition as part of the agreement on fees, that they would also have their covenants -- the Blackstone covenants amended to incorporate Pintail Pointe as well, since they will be responsible for some of the maintenance items related to landscaping and maintenance and some of the systems that are in place. And with that I'll entertain any questions, but we appreciate the developers of Pintail Pointe working with the Projects West on this and I think they are -- I think they have come to an agreement, it's just putting it in writing now. Corrie: Okay. Anything else? Thank you. Boyle: Thank you. Corrie: Anyone else that would like to issue testimony on this? ( Meridian City Council Meeting December 18, 2001 Page 87 Jewett: Jim Jewett, 3090 East Gentry in Meridian. I'm here on behalf of Kelly Hunemiller, the developer of this project. She did come to me the other night when I was here, gave me a copy of the spread sheet that she did agree with the other developer of Blackstone and the figure he gave was correct and she asked me to confirm that she did agree. I have a spread sheet that I can enter into the record if Council wishes and she asked me to do this for her, so -- do you want this in the record? Corrie: If you want to give it to us. Jewett: Thank you. Corrie: Okay. Thank you. Okay. Any questions for anybody in the Public Hearing? Okay. I'll entertain a motion to close the Public Hearing. De Weerd: So moved. Bird: Second. Corrie: Okay. Motion has been made and second. All those in favor of closing the Public Hearing say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Corrie: Any comments, discussions, on the request for variance? De Weerd: I have none. Corrie: Okay. I'll entertain a motion on the request for the variance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the variance for the requirement to record the Final Plat within one year of approval for Pintail Pointe Subdivision, to extend it to June 20th, 2002, to include all staff comments, and to clarify the written -- where is it? The written agreement with regard to fees and CC&R's with Projects West be included in that remarks. Bird: Second. Corrie: Motion has been made and seconded to approve the variance on Pintail Pointe Subdivision for one year from June 20th, 2001, to June 20th, 2002. Any further comments? Okay. Roll call vote, please, Mr. Berg. ( Meridian City Council Meeting December 18,2001 Page 88 Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Item 25. FP 01-022 Request for Final Plat approval of 1 building lot on 2.44 acres in a C-G zone for Commercial Tire by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: Corrie: Item No. 25 is a request for Final Plat approval of one building lot on 2.44 acres in a C-G zone for Commercial Tire by Pinnacle Engineers. Staff, any comments? Stiles: Mr. Mayor and Council, this is a clean up of some property that was previously owned by Norm Fuller. As you can see on the screen, it had four different lots here. This property was annexed with Troutner Business Park, which required a Conditional Use Permit on all uses for that property and the original plan was for this property to continue out to Meridian Road. We are very appreciative of the applicant and his representative for -- although not being particularly happy with this requirement to plat it, they went ahead and worked very closely with us and are really proceeding on quickly to get this Final Plat done and recorded so that they can make it a legal lot and that records that public road access to Meridian Road. We would recommend the approval with all staff and agency conditions and, again, I'd like to thank the applicant, particularly Mr. Clint Boyle, who has worked very closely with us and has done whatever was asked. Corrie: Okay. Any questions? De Weerd: Thank you, Clint. Corrie: Representative from Pinnacle. Boyle: All right. After all those compliments, how could I not. Clint Boyle with Pinnacle Engineers, 12553 West Executive Drive, and I'm here representing Santa Clause and -- well, actually, just Pinnacle for now. Maybe a little bit later we will be Santa. Yeah. I appreciate Shari's comments on this and, as she stated, the developer has agreed to clean up this parcel, provide public road access -- I certainly don't have a problem with the platting of the project and a little bit a job security for me to bring these plats through, so it's not going to be too much, it may have bothered the developer somewhat, but he is willing to comply with it. This project is moving forward and the developer is proposing a Commercial Tire store on the site. A Conditional Use Permit has been previously approved by the Planning Commission, recently approved the Preliminary Plat, and now back in front of you is the Final Plat. We agree with all of the staff Meridian City Council Meeting December 18, 2001 Page 89 comments and there may be just one point of clarification if I could and Shari can probably answer this quickly -- and that was with regards to the Site Specific Comment No.6. This particular proposal they are trying to proceed ahead in pulling building permits prior to the recording of the plat and then the certificate of occupancy for the tire store would be conditioned upon the plat being recorded. And, again, that will allow us time to process the plat through the different agencies that are involved in obtaining signatures. The clarification I'd like is on some of the items that are listed as far as improvements that need to be in place before a building permit is pulled, such as drainage lots, the irrigation system -- I understand typically with a subdivision all those improvements go in. Here we are dealing with -- I guess it's a subdivision. It's a plat. It's a single lot with a single development that's going in there and the Conditional Use Permit also stated that all the site improvements, pressure irrigation, drainage, etc., be installed as a condition of the Conditional Use Permit. The question I have is the drainage is going to be handled on site and the developer essentially wanted to install those improvements in conjunction with the development of the site and the uilding. So I don't know what staffs feeling are on that as far as a building permit, but that was essentially the only comments that I have. Other than that, all the site specific comments are fine. )'11 answer any questions. Corrie: Did you include the fire department's comments? Boyle: Yeah. The fire department -- again, I believe we talked about the fire hydrants -- operational fire hydrants being installed before combustible construction begins. There is a hydrant in place -- I believe it's across the street - - I donlt know if -- the fire department representative has left, but -- or stepped out, but across the street on Meridian Road there is an existing hydrant there that could certainly serve the site. There isn't an access issue as far as the fire department getting to the site. Meridian Road is already there. We will be installing one additional hydrant that will be located on the -- what would be the west side of the boundary where the developer is extending Penwood through, somewhere roughly in this location. Penwood Street will extend and connect to Meridian Road as part of this application. And, again, I guess it goes back to the building permit. He would like to have a building permit prior to potentially having all of the infrastructure and the roadway in on Penwood and he doesn't believe that that would impact emergency services in any way to that particular site. It would be similar to somebody essentially pulling a permit for a single lot. I guess it's how you want to proceed, other than he's also going to be extending the street through his property. Corrie: Kenny, any problem with that? You stepped out, but he was asking about the fire department's comments and insight by the fire hydrant being in before. [' Meridian City Council Meeting December 18, 2001 Page 90 Bowers: Mayor Corrie and City Council Members, I'm sorry, I was out in the hallway, but at one time we did have a hydrant right across the street. I donlt know if it's still there or not. Bird: I tis. Bowers: I don't know if it's active. On our road system, yeah, Meridian Road would work for us at this time, but we sure would need to get some kind of a base down to get back to the back of the property or back to the lot, so weld need to get some kind of a base down, gravel, rock, for the base. Boyle: Maybe if I could suggest -- and that's fine. We will certainly work with the fire department. I don't know think we are in disagreement with the condition, it's more of a timing issue as far as the building permit goes and, you know, we are certainly receptive to working with the fire department and complying with the needs that they have. I just noted in the comments there that they wanted the other hydrant operational and that may also be an item that would take place as the building is under construction and it appears that they would have adequate facilities there, but we are certainly willing to work with them to provide them with whatever water supply they need and whatever access they need. Corrie: Shari, do you have any comments on this? Stiles: Mr. Mayor and Council, the street sign would need to be in place. The water system approved and activated, I guess, as long as Kenny's all right with whatever you're doing for the fire protection wouldn't be a problem. The pressurized irrigation system wouldn't necessarily need to be approved and activated for a building permit in this situation. The drainage lot -- they have lots of bare dirt there they can have as a swamp temporarily until they can get those constructed. And the perimeter fencing I don't think is a particular major issue as the property across Eight Mile has a fence there. If it were irrigation season we would be concerned about the debris getting into the Eight Mile Lateral there and we'd ask them to be careful about their construction materials, make sure they don't impact that lateral. So I guess with that I wouldn't have any objection with them going ahead and getting the building permit with just those improvements in place. De Weerd: So, Shari, that was the sign and the water and perhaps the temporary construction fence to keep the stuff out of the ditch? Stiles: And whatever road base Kenney wants to get back there. I know that they can access off Meridian Road, but if they had a situation where somebody had fallen down on rebar and they need to get their equipment back there or something, you would need to have something to drive -- they will need something to keep the mud from tracking out onto Meridian Road, too. So they ( Meridian City Council Meeting December 18, 2001 Page 91 will have to have some kind of system there worked out to have construction equipment working on it. Boyle: I believe -- Mayor and Council, yeah, I believe that we are in agreement here and I donlt see any issues with that. We are certainly willing to work with the City staff, with the fire department, for whatever their needs are, just a matter of they didn't want to be tied down to having to have all of these improvements in before they could even pull the permit to start the construction on the building, because it is a single lot and -- it's a subdivision -- I'm having a tough time calling it a subdivision. It's a plat. It's a final plat and it is just a single lot where the construction of the building and all the facilities related to it will essentially be occurring at one time. So I don't have any problem. I appreciate you going so late into the evening as well. De Weerd: What am I getting for Christmas? Corrie: Okay. Any other questions? Okay. Boyle: Santa should treat you well. Thanks. Corrie: Okay. Any discussion on the request for Final Plat approval for Commercial Tire? Bird: I have none. Corrie: 1111 entertain a motion for the Final Plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of one building lot on 2.44 acres for Commercial Tire and to approve all staff comments and additionally to put a number six on page two of staff comments to remove the reference to prior to applying for a building permit and exchange that for occupancy, with the exception that the requirements allow for the signs, water, construction fence, and a roadway to the -- at the discretion of staff and for the attorney to draw up the appropriate findings. McCandless: Second. Corrie: Okay. Motion has been made and seconded for the attorney to draw up the order for final approval of the Final Plat with all the staff comments and other comments made by the Council. Any other comments? Roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. ( I \ Meridian City Council Meeting December 18, 2001 Page 92 Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Item 26. TE 01-009 Request for a One Year Time Extension for Final Plat for Packard Acres Subdivision No. 2 by Packard Estates Developers - east of North Wingate Lane and south of East Ustick Road: Corrie: Item No. 26, request for one year time extension for the Final Plat for Packard Subdivision No.2. Staff, any comments? I don1t think we have anybody here for Packard Subdivision. Stiles: Mr. Mayor and Council, just to tell you what it is. This is the property that's all west of Wingate Lane. I guess if you grant the extension it makes it that they have to wait at least a year before they started. Corrie: Any other comments? Stiles: That's it. De Weerd: I didn't see that in writing. Corrie: Okay. Discussion? Excuse me. Council? Bird: I have none, Mayor. Corrie: I'll entertain a motion on the request for time extension. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for one year time extension for Final Plat for Packard Acres Subdivision No. 2 by Packard Estates Developers and have the attorney draw up the proper papers. Bird: Second. Corrie: Motion has been made and seconded to approve the request for a one year time extension for the final plat for Packard Acres Subdivision. Any further discussion? Roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, absent. Meridian City Council Meeting December 18, 2001 Page 93 Corrie: All ayes. Motion Carried. MOTION CARRIED: ALL AYES. ONE ABSENT. Item 27: Discussion of Old Fire Station Building as Surplus Property. Corrie: Item 27, discussion of Old Fire Station Building as Surplus Property. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that the format that we have to do is we need to discuss and see if we as a Council and the Mayor believe that it's a surplus piece of property which it's -- and at that point we can -- I, for one, would personally -- I believe it is surplus property out there and that's an awful expensive piece of property to store all those old computers in. I would like to -- I would like to see it declared a surplus and I would also like to entertain -- instead of selling at a public auction, I would like to see us -- see if we could find somebody that's interested in the building that would be able to buy some ground or something that would be of benefit to us and the City and trade for it, which I believe this is allowable and I, for one, would like to see us draw up a resolution stating that this is a piece of surplus property and I believe that's what we ought to do. Nichols: Mr. Mayor, Members of the Council, I think as was Councilman Elect Nary's point is that if you believe that it's under-utilized and so declare it, you don't have to immediately begin the process of selling or exchanging, but that the City can then engage with someone to see if there any suitable property that could be exchanged for it and then later on that exchange would be brought forward. Bird: That's your opinion also? Nichols: The statute does allow for that. It doesn't say that once you declare it under-utilized that you have to immediately begin the process to sell it or exchange it. But you really can't get to the process of entertaining an exchange unless you determine that the property is no longer either able to be used for city purposes or is under-utilized for the City. Bird: Is this just -- what, we vote on it? We don't have to have a resolution or -- Nichols: Well, Councilman Bird, Mayor, Members of the Council, you would still have to do all of the steps for the exchange if and when one was brought to you. Bird: Okay. Meridian City Council Meeting December 18,2001 Page 94 Nichols: You don't just -- the Mayor wouldn't be authorized to go out and close a property transaction, it would still have to go through the steps, but this discussion has to take place before the Mayor could go forward and start that process. Bird: Okay. Corrie: Any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have -- I am of the same opinion as Councilman Bird and I think it's definitely something that's worth pursuing. Corrie: Okay. Any other comments? McCandless: I agree. Corrie: And if I disagree it doesn't mean a thing, does it. Okay. I agree. Bird: Do you agree with that, Robert? Corrie: I do. Yeah Bird: Okay. If everybody is in agreement with that, I will make a motion that we - the Council ask the Mayor to entertain some prospects, if he can find any, of -- or exchanges and to bring them back to us and at that time we will do the proper way of either exchanging it or not and I would make that as a motion. McCandless: Second. Corrie: Motion made and second to have the Mayor go find out and see if we can get some interest in exchanging surplus property. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. ONE ABSENT. Item 28: Water, Sewer and Trash Delinquencies: Corrie: Okay. Water and sewer. I asked about the water delinquency turn off. I go through this and read it and then the response is that there is nobody usually here and It's one of -- to appear in person to check the facts, but I will do it anyway. But they inform you in writing that if you choose that you have a right to Meridian City Council Meeting December 18, 2001 Page 95 a predetermination hearing at 7:30, Tuesday, December 18th, 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. Is there anyone here present that wishes to contest this? Okay. You're informed that your appeal may have the decision by the City reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though you do appeal, your water will be shut off. The amount of the turn-off list is $66,745.16. It has been requested that we want to have the turn-off, that they would suggest that we do it on the 19th half of it and half on the 26th of December, due to the large amount of a -- there is over 500 of them out there at this point. So that would be done at the recommendation from us and I give them to you and you can so declare it or whatever you want to do. De Weerd: I think that's fair and reasonable. Corrie: Okay. I'd entertain a motion for the 19th and the 26th. De Weerd: I move that we approve the delinquency for turn-off schedule and to have it discontinued on December 19th and 26th. Bird: Second. Corrie: Motion made and second to approve the delinquency turn-off schedule and to have them turned off half and half, half on the 19th and half on the 26th . Any further discussion? If not, all in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. ONE ABSENT. If anybody has any questions I do have some answers that some have four or five different things on there, but -- Bird: I just wanted to -- you know, Mr. Mayor, for one, I just -- we need to really-- and I know you're doing it to keep on top of these. I mean some of these people are -- really got into us and, you know, it's not individuals, it's companies and stuff and it looks like they are almost using us as a bank at times and we can't be bankers. Corrie: Be happy to discuss that with the particular -- Bird: No. That's fine. You're doing -- as long as you stay on top of them is all. I just don't want to get took for another eight or nine thousand dollars by somebody going bankrupt and it went six months. Corrie: Okay. Nothing further on the agenda. ( Meridian City Council ~ing December 18,2001 Page 96 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we adjourn. Corrie: Okay McCandless: Second~ Corrie: Motion made and second we adjourn. All in favor say aye. At 11 :30~ MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 11 :30 P.M. (TAPE ON FilE OF THESE PROCEEDINGS) APPROVED: 1,/5'/02- DATE ,~:..,~~~:':~;:~t~;:~,;...~;, l. . :;/ (~.., / ....-.1!i,l'" -L-,~:';"'l "h '" "Y "J.- - _,4" {,c...,,;' W ,"','-i:;-> '\. .--" (....'-J .....(".j '\ .f ' .~:: v \ ~ \ C~""", ~i ~ ..::~ ~ ...: -~ . \ :, ~ ,'- ""'" I ~- ~ ~ \~;~. ~~:~':'/ ~::... / "~::~' .' "ATTESTED: : WilliAM G. BERG, JR ~ ~ J.U.8 ~ ~ Engineers Surveyors Planners Project No.: Date: Revised: Parcel No.: Grantor(s): South Slough Trunk Sewer Extension (11690) October 19, 2001 October 26, 2001 S1105110012 Cobbs, Kennevick, and Jordan CITY OF MERIDIAN EXHIBIT uA" A 25' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in a part of Government Lot 1, Section 5, T. 3N., R.1 E., B.M., Ada County, Idaho, for the purpose of a 25-foot wide permanent sanitary sewer easement, more particularly described as follows: Commencing at the Northeast corner of Govern ment Lot 1, Section 5, T. 3 N., R. 1 E., B. M., Ada County, Idaho, marked by a found brass cap, from which a brass cap marking the Northwest corner of Government Lot 2, Section 5 bears North 89044'54" West, 2,656.50 feet; thence South 44025'12" West, 62.73 feet to the intersection of the Westerly right-at-way at Eagle Road and the Southerly right-of-way of Ustick road; thence along the Westerly right-ot-way of Eagle Road, South 01050'26" West, 19.07 feet the POINT OF BEGINNING; point; thence continuing along the Westerly right-ot-way ot Eagle Road, South 01050'26" West, 25.00 feet a thence leaving the Westerly right-ot-way ot Eagle Road, North 88009' 34" West, 14.79 feet to a point; thence North 33011 '02" West, 56.72 feet to a point on the Southerly right-at-way of Ustick road; thence along the Southerly right-at-way at Ustick road, South 85017' 17" East, 31.68 feet a point; thence leaving the Southerly right-at-way of Ustick road, South 33011 '02" East, 24.25 feet to a point; thence South 88009'34" East, 1.78 feet to the POINT OF BEGINNING. Said easement contains 1,219 square feet, more or less. TOGETHER WITH: A temporary construction easement being the Northerly 80.00 feet of the Easterly 100.00 feet at Cobbs, Kennevick, Jordan property, Tax Parcel No. S 1105110012. Said easement contains 6,791 sq. ft., more or less. Refer to Exhibit uB" END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P. L. S. TAJ:lhc F:\projectmanagers\PHK\ 11690\ 11690-Sur\admin e-mail\kennevick perm sewer easement.doc * 100' ---/ I /-- 1;\.: ---' I-l ( - ___"' ; G G - l<f MOt?UMENT !I 32 33 RO ,,~ 4 I , ",y I ~ '\ ~ -t ~f),. /~ "'J 0tx 7:t,.. S33-11 '02"[ XJ. I 1':- \, 2 4. 2 5 ' S01-S0'26nW, 19.07' POINT OF BEGI'NNING--- S I .cr.- ,,- ... CL \j \ . S ~ ,,- -- 588-09' 34uE __ -- -1~78' ) SO,10S0'26"wCD 25.00' 70' ~ ~/W - R/W / E~ /' ~p ~ / G '-' / N8~^l44'S4"W 2.656.S0' - US-TICK - s )G G FP UI o N33-11 '02"W 56.72' N88-09' 34"W 14.79' 0... w N. ...J TAX PARCEL # S1105110012 JL 1[' ,,1- .::) .~ 0... w R/W LEGEND RIGHT-OF-WAY 1......1""'" _ .....r-~ 50 25 0 50 SCALE: 1"=50' . 100 . ---- PROPERTY BOUNDARY S PROPOSED TRUNK SEWER o PROPOSED MANHOLE LOCATION (MAY VARY) 00 PROPOSED PERMANENT SEWER EASEMENT o PROPOSED TEMPORARY CONSTRUCTION EASEMENT f'""31JoB } ~ DGINEERS · S1DYt't'OI:S. Pl..UnfERS EXHIBIT B CITY OF MERIDIAN, IDAHO SOUTH SLOUGH TRUNK SEWER EXTENSION COBBS, KENNEVICK, AND JORDAN PROPERTY NE 1/4, SECTION 5, T3N, R1E, 8M December 14,2001 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Swire Coca-Cola Addition - Waterline Easement December 18,2001 ITEM NO. 3- p AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: Contacted: COMMENTS See attached ~ OJrru Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo RECEIVED DEe - 6 2001 City of Meridian City Clerk Office To: Will Berg, Jr. - City Clerk From: Gary D. Smith, PE CC: file Date: 12/05/01 Re: City Council Agenda Item - December 18, 2001 Will: I would appreciate it if you could place the following two easements on the December 18 City Council agenda for Council review and approval. o Swire Coca-Cola Addition - Waterline Easement. 2. Hark's Comer - Water and Sewer Line Easements. Recommendation: Public Works Staff has reviewed and approves of the contents of each of these easements and hereby recommends City Council approval of same. Ga From the desk of. . . Gary D. ~ PE Public Wodcs Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898--5500 Fax: (208) 887-1297 City of Meridian Public Works Dept. Memo RECEIVED DEe - 6 2001 City of Meridian City Clerk Office To: Will Berg, Jr. - City Clerk From:Gary D. Smith, PE CC: file Date: 12/05/01 Re: City Council Agenda Item - December 18, 2001 Will: I would appreciate it if you could place the following two easements on the December 18 City Council agenda for Council review and approval. 1. Swire Coca-Cola Addition - Waterline Easement. 2. Hark's Comer- Water and Sewer Line Easements. Recommendation: Public Works Staff has reviewed and approves of the contents of each of these easements and hereby recommends City Council approval of same. From the desk of. . . Gaty D. Smith.. PE Public Works Director Meridian Public Works Department 660 E. Watertower lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 '( S \N l \Z.t: to CA- - Ci>l J\- WATER MAIN EASEMENT THIS INDENTURE, made this 30 day of A/o v , 20~between Terteling Trust 1/7 the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area descnbed in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Water Main Easement Page 1 EASMT.WTR ,. I !, purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part ot: or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof: shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~~~~ St;~l Gtarr STATE OF IDAHO) ) ss County of Ada ) On this 30~ dayof MouLrtL ~ , 20Qi, before me, the undersigned, a Notary Public in and for said State, personally appeared J. L. li-Y"td '~ and , known or identified to me to be the~~~ and Secretary, respectively, of the oo!'Por!}tion that executed the within instrument, and acknowledged to me that such co~&ton executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,""""""11 \" 'I, ,..........,~'" SU ~:.'..At <. """'- ... .. 'A.', l~ ".-;YO:"... ! AtOr \~% = '- --<1/y (11 -= ~ ~ ,0(,.:., J.-) r ~ '::. Y'.;... \ (y 1..;. . : -:. .A\ '. c. w ~ " '" - ...... ..... '.....:':" "" 0;::-- ...-.... ........... "'"'' IDAHO ...,............ f'Wttt6l"Mlih1 Easement JMan ~ IJatnJ NOTARY PUBLIC FOR IDAHO Residing at 'boise, It] /k/Q (!o~ Commission Expires: 3/l2-/woz... Page 2 EASMT.WTR GRANTE~: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 3 EASMT.WTR uct. :b. 2GOi IO:40AM ENGINEERlNG NW NQ.2769 P. 4/~ 10221 West Emerald, Suite 140 North West, LLC Bojse I Idaho 83704 (208) 376-5000 . Fax (208) 376-5556 Project No. 0] -005-00 Date: 5-2-200 ) EXI-IIBIT "A " COCA-COLA MERIDIAN WATER EASEMENT DESCRIPTION An easement over a parcel of land lying in a portion of the SE l/4 of the SW l/4 of Section 18, T. 3 N., R I E., B. M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 section comer common to Sections 18 and 19, of said T. 3 N., R. I E.; Thence North 0028' 14" East on the north-south mid-section line of said Section 18, 414.60 feet to the REAL POINT OF BEGINNING of this easement; Thence continuing North 0028' 14" East on said mid-section line, 20.00 feet; Thence North 89031 '46" West., 4.00 feet to a point on the easterly boundary of that f'asement as described in instrument number 8708620, of Ada County Records; Thence South 0028' 14" West on said easement easterly boWldary, 20.00 feet; Thence South 89031 '46" East, 4.00 feet to the real point of beginning. Containing 80 square feet more or Jess. PREPARED BY: Engineering NorthWest, LLC ---- James R. Washburn, PLS CoCIl Cola Meridian Water Esmnr Desc.doc Page I of , t .~l ~~ g'~ ~I- ~ ! ~I ~i ~I ~j (~~ ~ ~ ~: ~ =j ~~ ---- w s~ ~~ /' ....... " ~ z~' ! ~ I' ,,' )( 20' \ ~ ~ ~ j, SE\ll€Fl EASEU€"HT \ b 1..<~ ./ ! a ~~ ~ . ~ ~~ ~1 j ~~ ~I RPOB /1 ~I i~--_ / r~t\ "~ r~/! \ 4' X 20' \ V/-1 \ WA TEl' :: ASEM€N r \ G-{. I l ~ I RPOa /1 ~lr1---~/ %/1 1 I t%~I! ! /'J;; j %~I ~ L - - I ~j/! -....... V/"/' j : ""- I ~;0: ! ! l V~..) ~! ,.' '{ la' , _{ / t ~!n;.I. n~(AS(l,((N f , j....~~5/ .: ~PO!3 ~ EXHIBIT B Cl/4 N- T-5 @(/~1~f- INTERSTATE ~/, ://'i ",- H I G H WAY 8 d. /,/ "- I ' - - - - - -r- {/ ~. ~/; .J-H '.'JI'<~-" ~\ {; ! ~..oo \ !' ~ ~ : ~~~.~~ ~8 \ \ ~~'~~~~ I~~ : \ y .g~/ /: z. ' \ u~~ I \ ~~% I HPCB I \ '~~.~.~~ \!, "'~Jcl;,~o- , / ~2 //~ J /// /~~~ -_// /;;/;~0~f-"',,- I(M /' "- II ~ \ / ~(/ /: /~ ~H il9~~~~- W \ I ~W;'l/:'"/'I~''''' \ I W"~;/~~~' ~8 ' \ ~!!~~!~ ) \ Mj~.i% RP I ~~ ///// -.c:: ....!- ~ _ r SWIRE COCA-COLA /~~f-"",\ \ / (/ /: ., %/;/).(" "9;:;&0- w \ : ~/:~ ~~~ w ' l ~~s.~r~ ~~ \ ;//.%~~/;';~1--Th. h.. / \ ////'i~~//J/ / ; ;J ~ / \ (/./,/' /~z.//// j '-'s A9.J~.4f;. .. /....:1 \. / / ,/ / ~ 'i / / / / I ,c~.' ,a: '<::;~~~f~{~'11- - / //.-' ~! (/)\ ~I "'1' :,18 ~ S. 17 ~. 1 9 . S.20 / OVERLAND ROAD - - - :; 3V'4.'I~. W lS4825' - - - BAS\S OF BEARiNG ( December 14, 2001 MERIDIAN CITY COUNCIL MEETING December 18, 2001 APPLICANT ITEM NO. 3 - Q REQUEST Hark's Corner - Water and Sewer Line Easements AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached vU {upr Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo RECEIVED DEe - 6 2001 City of Meridian City Clerk Office To: Will Berg, Jr. - City Clerk From:Gary D. Smith, PE CC: file Date: 12/05/01 Re: City Council Agenda Item - December 18, 2001 Will: I would appreciate it if you could place the following two easements on the December 18 City Council agenda for Council review and approval. 1. Swire Coca-Cola Addition - Waterline Easement. @ Hark's Comer-Water and Sewer Line Easements. Recommendation: Public Works Staff has reviewed and approves of the contents of each of these easements and hereby recommends City Council approval of same. From the desk of. .. Gaty D. Smi~ PE Public Wades Director Meridian Public Works Depart:rrent 660 E Watertower I..ane, Suite 200 Meridian,. ldaOO 83642 . Page 1 (208) 898-ffiOO Fax: (208) 887-1297 J-1 Art k 5' Co~Yie P-- ~c~ SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of November, 2001 between Van Hees Properties~ LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY ~TIERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement Page 1 EASMTSWR described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. L ST ATE OF IDAHO ) ) S8 County of Ada ) On this .;2G,t-VL day of November , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Van Hees , known or identified to me to be a Managing Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. \tn1~1"I"'8 ~,1J" ,~ "#, ~~ ~h. !.. · G A #,.,. ~~ ::.,.V ~o~;I'~OGeG'.8 ~ .....~ ,:.1 ;:, '2/~ eOe c> ~ ::'-' {';; 01'Ab Grr ~ frq V'J t:~ '\ -l~ )-...... & .. ~ ~ ~~ ~. ~ - : G ~ ~ ..~ " ,,*- :: ~~n'(~ ~a ~ Q : :~ (.<t. I. : : I;' ~) l~ (..; UC :: "'^ Q-. .{~ ., rn 1 \. (') 0 ~ ~- .. '", '-0 (...';:..)1 v ~ ~ ~ "':'" .'i *').) (~c . saO "'; ..... ~~~ ... ..r(;. to'" ~ ;;, e 41 ~ () t'r..... #~~ J F E 0 F \ Y ..'\.~ ""if) ,\.'io~ $e:311iJ,\\I'" dtIuiAJL- c&h. A i(~~, ptj NOTARY PUBLIC FOR IDAHO Residing at ~O-rYL-pc\ ldtt ku'l Commission Expires: .:3 /(~"1 / 6 Cc, Sewer Main Easement Page 2 EASMTSWR GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sewer Main Easement Page 3 EASMTSWR ( ~~llf~€1' PROJECT: 528235-02 DATE: November 7,2001 EXHIBIT A SEWER LINE EASEMENT HARK'S CORNER An easement being a portion of lots 2,3, and 4 of Van Hees Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 12 of Plats, at page 688, and situated in the Northeast ~ of the Northeast ~ of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, and more particularly described as follows: Conunencing at a brass cap monumenting the northeast comer of said Section 14, from which an iron pin monumenting the northwest comer of said Northeast ~ of Section 14 bears North 89013' 17" West 2657.87 feet; thence along the northerly boundary of said Section 14, North 89013' 17" West 281.64 feet; thence leaving said northerly boundary South 00046'43" West 45.00 feet to the southerly right-of- way of Franklin Road, being the POINT OF BEGINNfNG; thence along the centerline of a 20.00 foot wide easement being 10.00 each side of said centerline the following courses: South 00046'43" West 9.17 feet; thence South 12032'29" West 106.00 feet; thence South 00046'43" West 107.00 feet; thence North 89013' 17" West 144.00 feet to the POINT OF TERMINUS. Prepared by: POWER ENGINEERS tif"/O( sew /DGP Steven C. Wellington, P .L.S. 52823505.doc Page 1 of 1 POWER Engineers, Incorporated '- .",,", , ,:,,,.,}~<>;,1">',~ [2lJ5 S, Eagle Flight \Yay B( 11'1:. Id:dlO X.\ 7f)l) Phone (2(l~) J n\~n()22 Fax (20S I J7X-(J(\25 r ~i m ~I I I I I I I t I I I I I t I I ~___________~~DE~_~?~D _______________________, ~ EXHIBIT B ~ ~ ~ o ~ C> I ~ C- o CD z c ::c:: CD rTl :::0 z C I s:: ....... co rrl ::::0 10'~~ ~ W~-- I f~~ ~ l~N ~ t ~~ tj '~N ~~ I ( I I .~~~. . ~_ _ . _'. ~ I _.... _ "- ...... 106.00 r-- - - - - - - - - - - - - - - ->.........- q .- ~ ~ (....J (Jl (.f) o CD r q ~ z ..p.. :::0 fT1 ~z C; C) ~ OJ =E F;; -----------i I o ~ c......I "'U ::0 coo c:: -0 5~ - rrl ~o o (QUl ~ -.......J Z n rrl ~< -0 ::0 o -0 o ZI 8 ~ ~I ~I I ~ I~ ~ I I I 1- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ --1 I I I r- ~ (Jl ~I - - - - - s ()(J33'08.W~59 - - -- . c".c". C, ",\fo ",\",\):J"'\ ~,,~ .,.. ~t~ ., ::::0 )> Z ^ r- Z :::0 o :r> o ---- - ~~:.Q9__ __ J S OO.46'43tf w: Iz I~ IOJ 'to I~ I .......- 1-.......1 I :E= t , f'...) l~ :eo ,-.......I I t zl co' ~i It;. I~ ....... I -.......r . =E=/ ~~I"l({(€' 1295 S. EAGLE FUGHT WAY BOISE, 10 83709 HARK'S CORNER SEWER LINE EASEMENT SITUATED IN LOTS 2, 3, AND 4, VAN HEES SUBDIVISION IN THE NE 1/4 OF THE NE 1/4 OF SECTION 14 T. 3 N., R. 1 W., 8.M" ADA COUNTY IDAHO l-JA~k ~ C () ,z. V\ t(2. W A TEVt WATER MAIN EASEMENT THIS INDENTURE, made this day of November , 2001 between Van Hees Properties~ LLC , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page 1 EASMTWTR THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. tL STATE OF IDAHO ) ) S8 County of Ada ) On this ~ G:,+h day of 10(\ i IE" m kJPr ,2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Van Hees , known or identified to me to be a Managing Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 11'V. Qll!rz2~if3.f ....~~~ lJ~" ~~... ~h- l~1. G A J1~., ~:~ ....~ ,) \": "" 0 ~ t)Q ~ 4~ ""#: ,,~.;' ~~ (:./~ r...; e~ ~ i::: e: 4''(, <Pc:,. :;.. t......... ,.,0' -\ '11 A P '" '\r Y"" -:. ::' .., <,,;0.' """~ ~;..'" ~,~ Go 'f' ~ ~ ~ ~ - ~ POd ~~ I~;',';'; (t'S. G ~ :"* : ,.., 00 Ii) .. .:t' -::;. t') -. -;. ~ p)> (J f!J8 ~ 'S \,..;} l?$ tIn L \. of:!' 0 ~ ~. ;... SG f.)~ ~ ..~ ""'v ~ ~0000~OS ~ 'Y ~... "'~4 /) b \'9 ~ ~".., #~q -G OF ~, """'81Ii GI""'-'- Water Main Easement "1 _dLrccDt ~~. ~-f4 CClJ NOTARY PUBLIC FOR IDAHO Residing at W CL r YLPO, \ dO,_.VL0 Commission Expires: 3 i () -/ I Q (p Page 2 EASMTWTR ( GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 3 EASMTWTR ~~lll{!~' PROJECT: 528235-02 DATE: November 7,2001 EXHIBIT A WATER LINE EASEMENT HARK'S CORNER An easement being a portion of lots 2, 3, 4, and 5 of Van Hees Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 12 of Plats, at page 688, and situated in the Northeast ~ of the Northeast ~ of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 14, from which an iron pin monumenting the northwest corner of said Northeast ~ of Section 14 bears North 89013' 17" West 2657.87 feet; thence along the northerly boundary of said Section 14, North 89013' 17" West 270.69 feet; thence leaving said northerly boundary South 00046'43" West 45.00 feet to the southerly right-of- way of Franklin Road, being the POINT OF BEGINNING; thence along the centerline of a 20.00 foot wide easement being 10.00 each side of said centerline the following courses: South 00046'43" West 60.00 feet to Point A oftrus description;. thence continuing South 00046'43" West 42.00 feet; thence North 89013' 17" West 20.00 feet; thence South 00046'43" West 36.50 feet to Point B oftrus description; thence continuing South 00046'43" West 71.44 feet to Point C of this description; thence continuing South 00046'43" West 3.20 feet; thence South 44013 ' 1 7" East 3 1. 19 feet; thence South 89013 ' 17" East 233.73 feet to the westerly right-of-way of Linder Road, being the POINT OF TERMINUS. AND ALSO A 10.00 foot wide easement being 5.00 feet each side of the following described centerline: BEGINNING at the above described Point A; thence North 89013' 17" West 104.39 feet; 52823504.doc POWER Engineers. Incorporated 1295 S. Eagle Flight \Vay Rnisl'. IJaho XJ7()l} Page 1 of2 ,:. ...&"1>7;"$.';U;..,'~~J': ~'<:1 Phone (20H) 378-0012 Fa\ (20Xl )7X-()()25 thence North 00046'43" East 2 I. 17 feet to the POINT OF TERMINUS. AND ALSO BEGINNING at the above described Point B; A 10.00 foot wide easement being 5.00 feet each side of the following described centerline: thence North 89013' 17" West 31.26 feet to the POINT OF TERMINUS. AND ALSO BEGINNING at the above described Point C; A 20.00 foot wide easement being 10.00 feet each side of the following described centerline: thence North 89013'17" West 156.56 feet to the POINT OF TERMINUS. Prepared by: POWER ENGINEERS sew /DGP Steven C. Wellington, P.L.S. 52823504.doc Page 2 of2 Il (, ( f) J ~ ;:q ~ ~ o ~ C') c... o CD z C :?: CD fT1 :::0 ~ ~ (...j (J'l :z c '1'13:: ..p..(..JN...........CD rrl ~ :z z: (/) :z ~~~~~ ~ m_v:~~Z ..p.. ........... ..p.. ........... C) ~ ~ ~ c....; ~ ~ rrJ =E ::E =E M o N(..J N~ ......................(..JO::;t> :......NNO~ -.......Jm 0 Orrl EXHIBIT B 8 I I I . L--- _ i" I rZ t~~J ~-=lU11 t::~'~l) ~-.......J 0'> . :; '; ~:;:~ ~ -0 :::0 o ""[J o (/) ,." o r o -l (,J ~t~ l'J ~ z ^ I Z ;0 o > o I~ I'{ I:::E . I~ t -.......J lex, I-.......J I I z! ~i (..,.J . ~i I '" I L2 /- i~~s u i~ ~ : ~~(/): ~~ ~i ~~).~! ~1~-1 10" ~~ ;~~ ~ - - - - - S OO'33'Qa"W --ns:S9 - - - -0 :::0 o ""[J o (/) ,." o co c r= o z G) CD l~ I:; I~ ~: ~I P, 0'> I to, . I I t . 1 I I I t I , I ~-------S- 00'33'0~~~D~~.4~?~D ---h----h------------~1 ~ ~< r 8 ---~ ----------- I 5 -t ij VI . r".c... S '>q,fQ )i'>q, '>q,~ ~. '1:>. ~~IL~€I 1295 S. EAGLE FUGHT WAY BOISE. 10 83709 HARK'S CORNER WATER LINE EASEMENT SITUATED IN LOTS 2 THROUGH 5, VAN HEES SUBDIVISION IN THE NE 1/4 OF THE NE 1/4 OF SECTION 14 T. 3 N., R. 1 W., 8.M., ADA COUNTY IDAHO ( ( December 14,2001 Department Reports MERlDIAN CITY COUNCIL MEETING December 18, 2001 APPLICANT Public Work's Department - Gary Smith ITEM NO. REQUEST Sewer Line Cost Reimbursement for Ed Bews fp-A -( AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: smLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached OJP~vP Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ..L U.5'" J. V.L .L Gd~0-S: - II;/J WIlL iJ( t1h-:lAe- e(c Bob Corrie (/' Ptcyelvd- It.-/$-tl / ~-f. /2&jl~ From: Gary Smith [smithg@ci.meridian.id.us] Sent: Thursday, December 06.200111:19 AM To: 'Mayor Robert Corrie' Cc: 'Bill Nichols'; Brad W. Subject: Sewer line Cost Reimbursement Good Morning Mayor: Ed Sews has verbally requested reimbursement for his costs to install a 36" diameter sewer trunk line from our wastewater treatment plant through his Ten Mile Mini-Storage development to Ten Mile Road; and a 30n diameter sewer in Ten Mile Road, from his mini- mini-storage, north to the White Drain Sewer location; and a 27" diameter sewer from that point north to McMillan Road. This reimbursement request is approximately $349,600. Frank Varrialle, Ed Sews' partner in the Bridgetower development, has told me that their signature on the White Drain sewer easement through this development is pretty much tied to them receiving this reimbursement. I had told Ed Bews earlier that I would see what we could do to facilitate a reimbursement. Frank Varrialle has submitted 3 bids to us that they solicited for this sewer line installation and Brad has reviewed the costs submitted on the low bid. Brad has confirmed that the bid costs are comparable to bids the City has received on a recent trunk line project we did along the Five Mile Creek. Construction has been completed on the 36" and 30" diameter sewer lines described above. Brad and I have talked to Bill Nichols about this matter and Bill suggested I pass this request by you as he felt it amounts to a policy decision for the City. Brad and I would like to see the reimbursement take place so that we don1t have to deal with a late-comer fee reimbursement to Sews for all of his development as the phases are done. The City would of course, have a trunk line fee for everyone that connects to this line to reimburse us for all of the cost of the trunk line installation. These lengths of sewer line will serve the White Drain and the North Slough drainage areas. With the amount of activity that is poised in each of these drainage areas I wouldn't think it will be too long before we recover any investment we have in these trunk lines. Please let me know what you think. Gary ~/g! Thanks, 12/6/01 ( ** TX CONFIRMh,!ON REPORT ** ( AS OF DEe 07 '01 16:19 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 26 12/07 16:19 PUBLIC WORKS MODE MIN/SEC PGS CMD~ STATUS UF--S 00'18" 001 106 OK -------------------------------------------------------------------------------------------- 6t:iA.,0- d: - Iii /"j iv/It. be Oh. ~ C( C {/~ t/(~e~ /t.-/$-tJl ~:-~!v-d- From: Gary Smith [smifhg@ci.meridian_id.os] Sent: Thursday, December 061 200111:19 AM To: 'Mayor Robert Corriel Cc: 'BiJJ Nichols'; Brad W. Subject Sewer line Cost Reimbursement Good Morning Mayor: ~ ...b.... .. V.A. ... Bob Corrie Ed Bews has verbally requested reimbursement for his costs to install a 36" diameter sewer trunk line from our wastewater treatment plant through his Ten Mile Mini-Storage development to Ten Mile Road; and a 30" diameter sewer in Ten Mile Road. from his mini- mini-storage, north to the White Drain Sewer location; and a 27" diameter sewer from that point north to McMillan Road. This reimbursement request is approximately $349,600. Frank Varria/le, Ed Sews' partner in the Bridgetower development, has told me that their signature on the White Drain sewer easement through this development is pretty much tied to them receiving this reimbursement. I had told Ed Bews earlier that I would see what we could dO to facilitate a reimbursement. Frank Varrialle has submitted 3 bids to us that they solicited for this sewer line Installation and Brad has reviewed the costs submitted on the low bid. Brad has confirmed that the bid costs are comparable to bids the City has received on a recent trtmk line project we did along the Five Mile Creek. Construction has been completed on the 36" and 30. diameter sewer lines described above. Brad and I have talked to Bill Nichols about this matter and Bill suggested I pass this request by you as he felt It amounts to a policy decision for the City. Brad and I would like to see the reimbursement take place so that we don't have to deal with a late~comer fee reimbursement to Bews for all of his development as the phases are done. The City would of course. have a trunk line fee for everyone that connects to this line to reimburse us for all of the cost of the trunk line installation. These lengths of sewer line will serve the White Drain and the North Slough drainage areas. With the amount of activity that is poised in each of these drainage areas I wouldn't think it will be too long before we recover any investment We have in these trunk lines. Please let me know what you think. Gary Thanks, 12/6/01 Page I of I .,,, .. ,~ Bob Corrie From: Gary Smith [smithg@cLmeridian.id.us] Sent: Thursday, December 06,2001 11:19 AM To: 'Mayor Robert Corrie' Cc: 'Bill Nichols'; Brad W. Subject: Sewer Line Cost Reimbursement Good Morning Mayor: Ed Bews has verbally requested reimbursement for his costs to install a 36" diameter sewer trunk line from our wastewater treatment plant through his Ten Mile Mini-Storage development to Ten Mile Road; and a 30n diameter sewer in Ten Mile Road, from his mini- mini-storage, north to the White Drain Sewer location; and a 27" diameter sewer from that point north to McMillan Road. This reimbursement request is approximately $349,600. Frank Varrialle, Ed Sews. partner in the Bridgetower development, has told me that their signature on the White Drain sewer easement through this development is pretty much tied to them receiving this reimbursement. I had told Ed Sews earlier that I would see what we could do to facilitate a reimbursement. Frank Varrialle has submItted 3 bids to us that they solicited for this sewer line installation and Brad has reviewed the costs submitted on the low bid. Brad has confirmed that the bid costs are comparable to bids the City has received on a recent trunk line project we did along the Five Mile Creek. Construction has been completed on the 36" and 3D" diameter sewer lines described above. Brad and I have talked to Bifl Nichols about this matter and Bill suggested I pass this request by you as he felt it amounts to a policy decision for the City. Brad and I would like to see the reimbursement take place so that we don1t have to deal with a late-comer fee reimbursement to Bews for all of his development as the phases are done. The City would of course, have a trunk line fee for everyone that connects to this line to reimburse us for all of the cost of the trunk line installation. These lengths of sewer line will serve the White Drain and the North Slough drainage areas" With the amount of activity that is poised in each of these drainage areas I wouldn1t think it will be too long before we recover any investment we have in these trunk lines. Please let me know what you think. Gary w~~ ~/ ~~ ~6'7 ~/g~ Thanks, 12/6/01 City of Meridian Public Works Dept. To: Mayor Corrie & City Council Members From:Gary D. Smith, PE CC: file Date: 12/14/01 Re: Primeland, Inc. - Reimbursement for Sewer Trunk Installation Dear Mayor and Council: Mr. Ed Sews, developer of the Bridgetower Subdivision, has requested reimbursement of the costs he has incurred to install a 36-inch diameter sewer trunk line from our wastewater treatment plant through his Ten Mile Mini-Storage development to Ten Mile Road; and a 30- inch diameter sewer line in Ten Mile Road north from his mini-storage to the White Drain; and a 27-inch diameter sewer line in Ten Mile Road from the White Drain north to McMillan Road. The amount of this reimbursement request is $355,885. The installation of the 36-inch diameter pipeline through the mini-storage site was necessary because of Mr. Sews' time schedule to develop the mini-storage project. The installation of the 27 and 30-inch diameter pipeline in Ten Mile Road was done as a part of the utility plan needs for the Sridgetower Subdivision development as designed by Mr. Bews' consulting engineer. The City has previously reimbursed Mr. Sews for the cost to install a length of 24-inch diameter sewer line in Ten Mile Road along the frontage of his Ten Mile mini-storage From the desk of. . . Gary D. Smith, PE Public Works Director MeridianPubIic Works Deparbnent 660 E. Watertower lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 project. This installation was done as a part of his mini-storage project so that his project's frontage to Ten Mile Road could be completed and not be impacted by future sewer trunk line construction by the City. This length of sewer line would have been a part of the Five Mile Creek sewer trunk reliever project that is now under construction. We have also previously reimbursed Mr. Bews for the cost to upsize and extend a water line beyond the westerly most fire hydrant in this mini-storage project to the wastewater treatment plant. Again, this was done as a cost saving to the City and ahead of his improvements for the mini-storage facility. This water line was needed for fire protection of our expanding plant facilities along with providing a required increase of water supply for the operation of our bio- solid dewatering process. We have asked for and received quotation sheets from Mr. BeV\fS for three contractors that submitted bids to him for this sewer pipe line work. City Engineer Brad Watson has reviewed the costs submitted on the low bid of the three submitted. Brad has confirmed that the low bid unit costs are comparable to unit bid costs the City has received on a recent sewer trunk line project that we completed along the Five Mile Creek. Construction has been completed on the 30 and 36-inch diameter sewer lines as described above. A copy of Brad's comparative analysis and the bids received from Mr. Bews are attached for your review. Mr. Varriale, a business partner with Mr. Bews on the Bridgetower Subdivision, has told us that Mr. Bews is waiting to sign our White Drain Sewer easement request across Bridgetower development until some official clarification is made regarding his understanding of past commitments on the reimbursement issue. I had previously told Mr. Bews that with proper documentation and, because of the timing circumstances for construction of his projects, that we could probably reimburse him for his costs of the trunk line installation. I talked to City Attorney Bill Nichols about this matter and Bill suggested that this request amounts to a policy decision for the City. Brad and I would support the reimbursement request so that we do not have to deal with a late-comers fee reimbursement to Mr. Sews for each property improvement connection within his development. The City would of . Page 2 course, assess a trunk line fee to anyone that uses this line, to reimburse us for all of the costs of the trunk line installation. As we have done on one past subdivision final plat, payment of the late-comer assessment for the entire subdivision could be required as a condition of City signature on each plat. These subject lengths of sewer line will serve the White Drain and the North Slough drainage areas. With the amount of development activity poised in each of these drainage areas we do not think it will be too long before we recover any investment we would have in these subject lengths of sewer trunk lines. Regards, ~ Gary D. Smith, PE . Page 3 ............ 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L... 0 3: Q) Q) c: Q) ;: :: m (f)(l)(l)- W..c:(fJ(f)O :2g-5i3-fi aJ .. c c C of; ~ J; J; ~ UJ E .m ~CX)0>0T'"'" (1) ~T""" ..c: o ( ( Study Ten Mile Road Sewer Extension (Bews) - Selected Bid Items From JUB's Bid Tabulation Contract Avg Low High Unit Unit Unit Unit Cost Cost Cost Cost Five Mile Relief Sewer Phase II Bid Date: November 2001 City Contract Prices include no traffic control, bonding 36..in Sewer N/A 63 N/A NlA Bra,^," Canst. - '99 WWTP Trunk 30-in Sewer I~Place $ 51.25 $ 53.99 $ 43.00 $ 67.00 Brown - Phase 2 Backfill $ 4.50 $ 8.89 $ 1.00 $ 25.00 Brown - Phase 2 Surface Repair $ 20.00 $ 23.50 $ 16.00 $ 35.00 Lurre - Ph 1 (none in Ph 2) 30-1" Sewer Totals $ 75..75 $ 86..38 $ 60.00 $ 127.00 24-1" Sewer N1A N/A N/A N/A only 60 LF @ $105/1f 27-in SeYler I~Place $ 45.00 $ 40.50 $ 21.10 $ 100.00 Lurre - Ph 1 (none in Ph 2) Lurre's unit price reflects 38% increase over actual bid price; 30" increased 38% from Jan '01 to Nov '01 Backfill $ 4.90 $ 8.89 $ 1.00 $ 25.00 Lurre - Ph 1 (none in Ph 2) Surface Repair $ 20.00 $ 23.50 $ 16.00 $ 35.00 Lurre - Ph 1 (none in Ph 2) 27-;" Sewer Totals $ 69.90 $ 72.89 $ 38.10 $ 160.00 24-in Cleanout N/A N/A N/A N/A 72-in Manhole $ 3,193.00 $ 3,924.42 $ 3,193.00 $ 4,942.00 60..ln Manhole $2,456.50 $2,837.21 $2,456.50 $3,361.00 Interpolate between 48 & 72" $1,720.00 $1,750.00 $1,720.00 $1,780.00 48" MH's-Locust Grove For 30-in Sewer: McKay's bid: $ 79.20 is 105% of City contract amount 92% of Average and falls within the Low-High Range For 27 -in Sewer: McKay's bid: $ 75.90 is 109% of City contract amount 104% of Average and falls within the Low-High Range For 72-in Manhole McKay's bid: $4,010.00 is 126% of City contract amount 102% of Average and falls within the Low-High Range For 60..ln Ma nhole McKay's bid: $3,100.00 is 126% of City contract amount 109% of Average and falls VtJithin the Low-High Range McKAY CONSTRUCTION Cf~--- NC. P. O. BOX 3066 BOISE, ill 83703 PROPOSAL DATE PROPOSAL# 9/5/2000 172 NAME/ADDRESS Primeland Development 1111 S. Orchard Boise, Idaho 83705 PROJECT PROJECT Ten Mile Sewer Ext ITEM DESCRIPTION QTY RATE TOTAL SEWER 36 Inch pipe 1 ,326 68.05 90,234.30 SEWER 24 Inch pipe ( South in front of storage units ) 779 60.35 47,012.65 SEWER 30 Inch pipe 1,508 'P 79.20 119,433.60 SEWER 27 Inch pipe 1,310 75.90 99,429.00 SEWER 24 Inch pipe (Stub into future Phase of Bridget ower ) 60 105.46 6,327.60 SEWER 8 Inch pipe (SnR 3034 ) 60 41.00 2,460.00 SEWER 8 fuch pipe (CL 200 ) 60 45.00 2,700.00 SEWER 8 Inch clean out 2 150.00 300.00 SEWER 24 fuch clean out 1 450.00 450.00 SEWER 72 Inch Manhole 3 4,010.00 12,030.00 SEWER 60 Inch Manhole 7 3,100.00 21,700.00 MISC. Raise Existing 18 Inch Rep across Ten Mile Rd. 1 6,280.00 6,280.00 TOTAL $408,357.15 SIGNATURE AUlHORIZED SIGNATURE Sl. Clair Contractors Inc. III East 40th Street Boise, 10 83714 NAME/ADDRESS PRJMELAND DEVELOPMENT 11I1 S. ORCHARD BOISE, 10 83705 DESCRIPTION QTY COST J() I\'C'H PIPE ~...J I;\CH PIPE (South in front of storage units)) .,11 r\CH PIPE 2-:- I:-<CH PIPE ~...J I ~C H PIP E (Stub into f~Jture Phase of Bridgetower)) S I'CH PIPE (SDR 3034) 8 I\:CH PIPE (CL 200) S I~CH CLEAN OUT 24 INCH CLEAN OUT 72 INCH MANHOLE ()u INCH MANHOLE R.~ISE EXISTING 18 INCH RCP ACROSS TEN MILE ROAD - .~. ...-..4 -._- .-- 1,326 : 779 I ,508 1,3 10 : 60 : 60: 60 : 2' 1 3 7 I PROPOSAL DATE 09/0 1/2000 72.07 63.05 81.10 78.00 110.00 43.28 48.50 250.00 600.00 4,300.00 3,300.00 6,800.00 PROPOSAL # PROJECT Ten Mile Sewer Ext TOT AL 95,564.81 49.115.95 . 122,298.80 I 02,180.00 6.600.00 2,596.8U 2,910.0U 500.00 600.00 12,900.00 23.IUO.UO 6.800.00 $425.166.37 /- Proposal HESS & MARTIN CONSTRUt:'TION 8672 Southside Blvd. · Nampa, 10 B3686 Phone (208) 465- 5967 ----i Pa e No. of Pa 6S q ?? 1..2000 s. Orchard . TATE. AND ZIP CODE J 8 NAME ID flATE OF PlANS JOB PH N ~ HEREBY SUBMIT SPECIFICATlONSANO ESTIMATES FOR: Sewer: 36", 1326' @ 74.00 2411, 779' @ 64.00 30" 1508' @ 83.00 27",1310. @ 82.00 24", 60. @ 113.00 8" SDR 3034, 60' @ 44.00 8" CL200, 60' @ 49.00 811 Cleanout, 2 @ 350.00 24" Cleanout, 1 @ 7~~O.OO Manhole 72", 3 @ 44:.0.00 Manhole 60",. J' @ 35('0.00 Raise 1811 existing Rep cro.ssing Ten Mi.le 98,124.00/ 50,635.00 Lf9,~~~ 125,164.00~ 107,420.00~ 6,780.00V" 2,640.00/ 2,940.00v" 700.00~ 750.001./"" 13,350.00v~ 24,500.00~ 7,200.00 Total 440,203.00 We P,opos~ hereby to furnish malerial and labor - complete in accordanc;.e with above specifications. for the sum of: i:~ arrl OO/l00AAAAAAAAAAAAAAAAAAAitbllars ($ 440 , 203 . 00 .ymen to be made.. Jaws; ess billings due by the 1 ~th of the ffiC)nth following work, Final arrount due as billed at canpletion of job. All material la guaranteed to be a. apedfted. All work to be (). rnpleted In a WOl1<manlike Authorize manner according to standard practices. Any atteratic.l or deviation from above Signatur . : apedftcatJonalnvoMng extra costs wUl be executed onty Uf..-'K1 written orders. and will become an extra c:h.arge over and above the estimate. All agreements contingent upon atrikea. acddenta or delay. beyond our control. Owner to cany fire. tornado. and other Note: This proposal may be withdrawn by s neceaaary lnaurance. Our workers are fully covered by Wo'*er'. Compensation if not accepted within In.urance. . Acceptance of Proposal - The above prices. apecJf\cationl, and condttion. are saUafactoty and are hereby accepted. You are authorized to do the work Signature: .. apedned. Payment will be made a. outlined above. Date or Acceptance: Signature: ( December 14,2001 Department Reports MERIDIAN CITY COUNCIL MEETING December 18,2001 APPLICANT Public Work's Department -- Gary Smith ITEM NO. !JJ -11--2- REQUEST WWTP Dissolved Air Flotation Thickener Project - Agreement for Professional Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: Contacted: See attached ,;V ~Pfr9 Date: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. ( 4) South Slouoh Sewer Extension - Kennivick, et 81 Easement. This permanent and temporary construction easement is located on the southwest comer of Ustick and Eagle Roads. A copy of the owner-signed easement is enclosed. Recommended Council Action: The Public Works Deparbnent recommends that City Council accept the permanent and temporary construction easements from Jack and Mary Anne Kennivick, Lyle and Donna Cobbs and Richard and Kathleen Jordan, and authorize the Mayor to sign and the City Clerk to attest the agreement 5) Five Mile Sanitary Sewer Latecomers Aoreement. This item was first brought before Council on September 18. After a detailed fee analysis by Public Works at the request of City Council and the Woodbridge Subdivision developer, Public Works has developed a latecomer agreement acceptable to O'Neill Enterprises (see attached letter from Derrick O'Neill dated December 4, 2001). As a result of our analysis, the latecomer fee has changed from the originally proposed $2370/acre to $1706/acre. O'Neill Enterprises conditioned their concurrence with the latecomer agreement on their ability to enter into a payment schedule as outlined in that letter. Although Public Works is not opposed to the idea of a payment schedule for O'Neill Enterprises, it is, in our opinion, a separate issue that should be evaluated by the Finance Department. Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the Five Mile Sanitary Sewer Latecomers Agreement and authorize the Mayor to sign and the City Clerk to attest the agreement We request that the following items be placed on the December 18 City Council agenda, under Public Works Deparbnent Reports, for Council's consideration: ~ \NWfP Dissolved Air Flotation Thickener Proiect - Aareement for Professional Services. We published a Request For Proposals for engineering services for design of a second dissolved air flotation thickener (DAFT) at the wastewater treatment plant. Of the five respondents to the RFP, the Wastewater and Public Works staff chose Carollo Engineers of Boise to recommend to Council as our consultant. The current DAFT is coming very close to being overloaded and is being operated nearly 20 hours a day (full-time during both shtfts). A very preliminary cost estimate of the construction project is $650,000 to $800,000. Carollo Engineers designed and managed the construction of the $1.4 million biosolids dewatering facility that was completed in 2000. A copy of their proposed agreement for this project is enclosed (an original signed by their firm will be submitted to me Tuesday according to their Project Manager). Recommended Council Action: Award the agreement for professional services for the Dissolved Air Flotation Thickener Project to Carollo Engineers in a lump sum amount of $95,877.00 and authorize the Mayor to sign and City Clerk to attest the agreement . Page 2 2) Well No. 10 & Watertower Landscaoe Proiect - Aareement For Professional Services. Public WorKs solicited proposals from The Land Group to provide landscape design services for Well No. 10 (located at Jericho and Willowbrook) and the entire watertower lot east of Zamzows. These services will include only pre- design so that the final construction design costs can more accurately be determined. Two separate agreements with The Land Group are proposed for the following lump sum amounts. Well No. 10 Pre-design: Watertower Pr~esign: $1,600.00 $2,050.00 The City is very familiar with The Land Group's work as both our consultant (Ustick Reservoir Landscape Project, Generations Plaza) and as a developers' consultant. Recommended Council Action: Award the agreement for professional services for the Well No.1 0 and Watertovver Landscape Projects to The Land Group in lump sum amounts of $1,600 and $$2,050, respectively, and authorize the Mayor to sign and City Clerk to attest the agreement Thank you. Please contact me if you have any questions regarding any of these items. ~~ . Page 3 ,1- AGREEMENT FOR PROFESSIONAL SERVICES Project No. This AGREEMENT made and entered into this day of by and between City of Meridian, (hereinafter "OWNER"), and Carollo Engineers, A Professional Corporation, (hereinafter "ENGINEERII). WITNESSETH: ,20_ WHEREAS. the OWNER and the ENGINEER wish to enter into an Agreement (hereinafter "Agreemenet) for the furnishing of Engineering Services in connection with The Dissolved Air Flotation Thickener Project (hereinafter "Project"), and WHEREAS, ENGINEER is qualified and prepared to perform the necessary professional services in connection with the Project. NOW THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, it is agreed as follows: SECTION 1 - PROFESSIONAL SERVICES 1.1 ENGINEER shall provide professional engineering services in all phases of the Project to which this Agreement applies. The services furnished by the ENGINEER will be defined by Task Orders which will set forth the Engineers SelVices, Time of Performance, and Payment 1.2 It is intended that each Task Order, after execution by both parties shall become a supplement to and a part of this Agreement. SECTION 2 - PAYMENT TO ENGINEER 2.1 As consideration for providing the services referred to in Section 1, the OWNER shall pay ENGINEER on the basis to be established in the Task Order for Services. 2.2 The ENGINEER is not responsible for damage or delay in performance C:\windows\TEMP\DAFT Agreement1.doc caused by events beyond the control of ENGINEER. In the event ENGINEER's services are suspended, delayed or interrupted for the convenience of the OWNER or delays occur beyond the control of ENGINEER, an equitable adjustment in ENGINEER's time of performance and cost of ENGINEER's personnel and subcontractors shall be made. 2.3 OWNER reserves the right to direct revision of ENGINEER's services as may be necessary. When ENGINEER is directed to make revisions under this section of the agreement, ENGINEER shall advise OWNER of the probable costs involved in completing engineering services and the time of performance for such completion. 2.4 In the event OWNER and ENGINEER cannot agree on equitable compensation for services rendered in making revisions, then, at OWNER's Page 1 of 5 option, ENGINEER shall either United States Mail, postage prepaid. continue performance under the In all other instances, notices and revised Agreement and an equitable invoices shall be deemed given at the adjustment in ENGINEER's time of time of actual delivery. performance and cost of ENGINEER's All payments are to be mailed to: personnel shall be made at completion of the revised work or Carollo Engineers, P.C. ENGINEER shall not be obligated to P.O. Box 53511 continue performance under this Phoenix, AZ 85072-3511 Agreement. unless otherwise informed on the face 2.5 If revisions of the final plans and of the invoice. specifications are required by reasons SECTION 3 - MISCELLANEOUS of ENGINEER's error or omission, then, in that event, OWNER's 3.1 The OWNER shall furnish the exclusive remedy for such errors and ENGINEER available studies, reports omissions will be limited to revisions and other data pertinent to made by ENGINEER without ENGINEER's services; obtain or additional compensation. authorize ENGINEER to obtain or provide additional reports and data as 2.6 The ENGINEER shall bill the OWNER required; furnish to ENGINEER monthly indicating the services services of others required for the performed and the cost of such performance of ENGINEER's services services. hereunder, and ENGINEER shall be entitled to use and rely upon all such OWNER agrees to pay invoices within information and services provided by 45 days of their date. Payments not OWNER or others in performing received by ENGINEER within 45 ENGINEER's services under this days shall be considered delinquent Agreement. and subject to a finance charge of 1 percent per month for each month 3.2 The OWNER shall arrange for access unpaid after the date of invoice. to and make all provisions for ENGINEER may suspend services ENGINEER to enter upon public and should an invoice remain delinquent private property as required for for 75 days from date of invoice. ENGINEER to perform services 2.7 All notices shall be made in writing hereunder. and may be given by personal delivery 3.3 Documents, including drawings and or by mail. Notices sent by mail shall specifications, prepared by be addressed to the designated ENGINEER pursuant to this responsible person or office: Agreement are not intended or TO OWNER: represented to be suitable for reuse by OWNER or others for this Project Brad Watson, P.E. or on any other project. Any reuse of TO ENGINEER: completed documents or use of partially completed documents without Tim Tekippe, P.E. written verification or concurrence by ENGINEER for the specific purpose intended will be at OWNER's sole risk and when so addressed, shall be and without liability or legal exposure deemed given upon deposit in the to ENGINEER; and OWNER shall C:\windows\TEMP\DAFT Agreement1.doc Page 2 of 5 ( indemnify and hold harmless 4.3 Hazardous materials or asbestos may ENGINEER from all claims, damages, exist at a site where there is no losses and expenses, including reason to believe they could or should attorney's fees arising out of or be present. The ENGINEER and resulting therefrom. OWNER agree that the discovery of unanticipated hazardous materials or 3.4 The ENGINEER maintains, at its own asbestos constitutes a changed expense, Workers Compensation and condition mandating a renegotiation of Employers Liability, Comprehensive ENGINEER's services. General Liability, Automobile Lia bility and Professional Liability policies with 4.4 The ENGINEER has no control over limits at or above that which is the cost of labor, materials, equipment reasonably required of other or services furnished by others, or engineering firms and will, upon over Contractor's methods of request, furnish insurance certificates determining prices, or other to OWNER. competitive bidding or market conditions, practices or bidding SECTION 4 - LEGAL RELATIONS strategies. Cost estimates are based on ENGINEER's opinion based on 4.1 The ENGINEER shall be responsible experience and judgment. ENGINEER for professional negligence which is cannot and does not guarantee that the exercise of skill and ability as proposals, bids or actual Project ordinarily required of engineers under construction costs will not vary from the same or similar circumstances. cost estimates prepared by The ENGINEER shall not be ENGINEER. responsible for warranties, guarantees, fitness for a particular 4.5 If the project involves construction of purpose or breach of fiduciary duty any kind, the parties agree that and shall only indemnify for failure to OWNER and ENGINEER shall be perform in accordance with the indemnified to the fullest extent generally accepted engineering and permitted by law for all claims, consulting standards. damages, losses and expense including attorney's fees arising out of 4.2 ENGINEER agrees to indemnify and or resulting from Contractor's hold harmless the OWNER and its performance of work including injury directors, officers and employees from to any worker on the job site except and against claims, loss, liability and for the sole negligence of OWNER or damages, to which they or any of ENGINEER. Both OWNER and them may be put or subjected to ENGINEER shall be named as arising out of or resulting from the additional primary insured(s) by performance of this Agreement, which Contractor's General Liability and claim, damage, loss or expense shall Builders All Risk insurance policies not exceed the total compensation without offset and all Construction received under this Agreement, Documents and insurance certificates including claims or alleged claims by shall include wording acceptable to third parties and all other claims the parties herein with reference to relating to the project from any cause such provisions. including negligent acts, errors and omissions, or breach of contract on 4.6 ENGINEER shall not be responsible the part of the ENGINEER. for the means, methods, techniques, sequences, or procedures of C:\windows\TEMP\DAFT Agreement1.doc Page 3 of 5 construction selected by contractors or the safety precautions and programs incident to the work of contractors and will not be responsible for Contractor's failure to carry out work in accordance with the Contract Documents. 4.7 The services to be performed by ENGINEER are intended solely for the benefit of the OWNER. No person or entity not a signatory to this Agreement shall be entitled to rely on the ENGINEER's performance of its services hereunder, and no right to assert a claim against the ENGINEER by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the ENGINEER's services hereunder. SECTION 5 - TERMINATION OF AGREEMENT 5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party; providing that no such termination may be effected unless the other party is given (1) not less than fifteen (15) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. 5.2 If this Agreement is terminated in whole or in part by the OWNER for reasons of default by the ENGINEER a negotiated adjustment in the price provided for in this Agreement shall be made, however, no amount shall be allowed for anticipated profit or unperformed services. If termination for default is effected by the ENGINEER the negotiated adjustment C :\windows \ T EMP\OAFT Agreement1 . doc shall include a reasonable profit. The equitable adjustment for any termination shall provide payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to obligations and commitments as a result of entering into this Agreement. SECTION 6 - DISPUTE RESOLUTION 6.1 All claims, disputes, and other matters in controversy between OWNER and ENGINEER arising out of or in any way related to this Agreement will be submitted to Alternative Dispute Resolution (ADR) before, and as a condition precedent to other remedies provided by law. The method for resolving disputes will be agreed to between the parties and each party shall use its best efforts to reach a resolution. SECTION 7 - ENTIRE AGREEMENT 7.1 This Agreement, including attachments incorporated herein by reference, represents the entire Agreement and understanding between the parties and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written Agreement Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the OWNER and ENGINEER. SECTION 8 - GOVERNING LAW 8.1 This Agreement is to be governed by and construed in accordance with the laws of the State of Idaho. Page 4 of 5 IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement, with effective date the day and year first above written. CAROLLO ENGINEERS, A Professional Corporation CITY OF MERIDIAN By: By: Principal By: Principal C:\windows\TEMP\DAFT Agreement1.doc Page 5 of 5 TASK ORDER NO.1 CITY OF MERIDIAN (OWNER) AND CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (ENGINEER) This Task Order is issued by the OWNER and accepted by the ENGINEER pursuant to the mutual promises, covenants and conditions in the Agreement between the above named parties dated the , in connection with: The Dissolved Air Flotation Thickener Project (Project). PURPOSE The ENGINEER's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as engineering services for planning and design of a dissolved air flotation thickener for the OWNER's wastewater treatment plant. ENGINEER'S SERVICES Services shall be generally described as those necessary for the Dissolved Air Flotation Thickener Project Design. TASK 1 - PROJECT MANAGEMENT ENGINEER will provide the following project management services for the duration of the project: 1.1 - Work Plan. Establish a project work plan including budget and schedule based upon this Task Order No.1. 1.2 - Management Manage the efforts of the project team members and subconsultants, assign manpower, delegate responsibilities, review work progress, and communicate with the City. 1.3 - Project Meetings. Attend project meetings with the City. Our proposed schedule" includes the following meetings: o Two meetings during the preliminary evaluation. D Three meetings during the design phase. D Attendance at the pre-bid walk through. TASK 2 - PRELIMINARY EVALUATION The purpose of this task is to collect information, evaluate alternatives for DAFT sizing and siting, present recommended alternative with design criteria to OWNER, and provide a preliminary design technical memorandum. ... 2.1 - Data Collection. Review existing operating data for pertinent flow and solids loading data which will affect design of the thickener. Review previous reports and facilities plans to determine future requirements such as increased flows and loadings. Review existing drawings to determine existing site information. 2.2 - Alternative Evaluation. Use data collected in previous Task 2.1 to evaluate the current and future capacity requirements for the new thickener. Evaluate alternative sizes and configurations for the new thickener. Evaluate alternative sites. Estimate costs for each alternative. 2.3 - Evaluate Power and Control Systems. Determine requirements for power supply to the new facility and summarize control system upgrades for the new thickener and supporting equipment. 2.4 - Write Technical Memorandum. Based on the above evaluations, a technical memorandum will be prepared including a recommended project description with preliminary site plan, layout, and sections together with estimated construction costs. This information will also serve as the 10 percent complete design. TASK 3 - DESIGN This task includes the preparation of plans and specifications, suitable for bidding by contractors, for the project recommended during Task 2. 3.1 - Plans and Specifications. ENGINEER will prepare a set of civil, mechanical, structural, electrical and instrumentation design drawings and technical specifications suitable for competitive bidding by contractors. The ENGINEER's front-end documents will be used in the specifications. 3.2 - Submittals. Preparation of the plans and specifications will include the submittal of 50 percent and 90 percent complete documents for review by the City. Ninety percent review plans will also be submitted to State DEQ for review. One hundred percent complete plans and specifications incorporating final review comments will be submitted to the City. ENGINEER will be responsible for printing and issuing plans and specifications to prospective bidders. 3.3 - Engineer's Estimate of Construction Costs. ENGINEER will prepare an opinion of the estimated construction cost at the 100 percent completion stage of the design project. TASK 4 - SERVICES DURING BIDDING AND CONSTRUCTION This task includes the engineer's services during bidding. 4.1 - Services During Bidding. ENGINEER will assist during the project bidding phase by: 8. Attending the pre-bid conference. b. Responding to bidder's questions. 1'"\ c. Preparing addenda, if required. d. Reviewing the technical portion of the bids and recommending a contract award. PROJECT DELIVERABLES The following deliverables will be prepared as part of the project: A. Preliminary Technical Memorandum (5 copies to the City, 2 copies to State DEQ). B. Fifty percent design plans and technical specifications (3 copies to the City). C. Ninety percent design plans and technical specifications (3 copies to the City, 1 copy to the State DEQ). D. One hundred percent design plans and specifications (5 copies to the City, 20 copies to contractors). OPTIONAL SERVICES 0-1.0 - Geotechnical Report. It is anticipated that a geotechnical report will be required for the project. This report could be completed under separate contract between the City and a local geotechnical firm. If requested, these services could be added to this contract. An estimated cost for geotechnical services is approximately $4,000. This cost is not included in this contract at this time. 0-2.0 - Site Survey. It is anticipated that a site survey will be required for the project. This report could be completed under separate contract between the City and a local surveying firm. If requested, these services could be added to this contract. An estimated cost for a site survey is approximately $2,000. This cost is not included in this contract at this time. SERVICES PROVIDED BY OWNER OWNER will provide necessary information from previous projects and from plant operating data for ENGINEER to complete Task 2 and 3, above. OWNER will also secure all necessary permits and approvals for construction of the project from state and local agencies. TIME OF COMPLETION The target project milestones for completion are: Technical Memorandum Fifty Percent Contract Documents February 8,2002 March 15, 2002 I") Ninety Percent Contract Documents Complete Contract Documents April 19, 2002 May 31, 2002 The ENGINEER will perform its services in a manner that will permit the OWNER to meet this schedule unless delayed due to a cause beyond the ENGINEER's control at which time the ENGINEER's compensation may be subject to an increase. COMPENSATION OWNER shall pay ENGINEER on an hourly basis in accordance with the attached engineering cost estimate and fee schedule (Exhibit A). Subconsultants shall be invoiced at ENGINEER's cost plus ten (10) percent. All other direct costs shall be invoiced at the actual cost. ENGINEER's total compensation for the Scope of Services identified in this Task order shall not exceed the amount of ninety five thousand, nine hundred dollars ($95,900), without additional authorization from OWNER. The ENGINEER shall submit monthly statements to the OWNER based on the ENGINEER's labor and expenses accrued at the time of billing. OWNER shall make monthly payments in response to ENGINEER's statement. EFFECTIVE DATE This Task Order No.~ is effective as of the 20 . day of IN WITNESS WHEREOF, duly authorized representatives of the ENGINEER and of the OWNER have executed this Task Order No. ~ evidencing its issuance by OWNER and acceptance by ENGINEER. CAROLLO ENGINEERS, A Professional Corporation OWNER By: By: Principal By: Principal EXHIBIT A ESTIMA TE OF ENGINEERING COSTS CITY OF MERIDIAN DISSOL VED AIR FLOTATION THICKENER PROJECT TASK DESCRIPTION Task 1 - Proiect Mana2cment 1.1 Work Plan 1.2 Management 1.3 Project Meetings Task 2 .. Preliminary Evaluation 2.1 Data Collection 2.2 Alternative Evaluation 2.3 Evaluate Power and Control Systems 2.4 Write Technical Memorandum Task 3 - Desit!n 3. 1 Plans and Specifications 3.2 Submittals 3,3 Cost Estimate Task 4 .. Services Duriot! Biddint! 4.1 Services During Bidding TOTALS Personnel Classification ESNI LABOR MANHOURS CaroUo Engineers c: o .~ i-l ]&i .~ m I! ~ r-- .~.5 J:~ 1 4 10 4 2 49 2 2 8 82 ~ u .~~ UJ?; .i m &:0.. 2 2 12 4 16 2 12 122 8 12 20 212 ESII 1-0 ~ .~ u.J J CI} t ~ ~ 4 6 8 8 2 8 92 116 320 8 96 132 344 ESNI ESNI ETNI Subcons 1 CI} 2 2 4 42 4 54 Cler ESIffi Direct Costs B ] j Opt. $ 2,000 $ $ $ TOTAL ~ ',c ~ .... ell Q U ] o ~ $ 375 $ 777 $ 3,991 $ 563 $ 3,139 $ 944 $ 2,731 76,096 1,230 1,710 $ 4,321 .. .. ~ . . . .. ~ . . . .. . .. ~ . . . ... ~ . . .. . . . . t ... . .. 4 . . . . . . . ~ . . . . . .. . . . . . 4 . 4 ... . ~ . . ~ ~ . 4 .. . . . . .. . . . .. . . . . . . . . . ::::::::::::=;;::::::::::::;:::;:::::::;: ::=:::=:=:=;::::::=:=:::=:=:;;=:=:=::::;: $ 95,877 2) Well No. 10 & Watertower Landscape Proiect - Aareement For Professional Services. Public Works solicited proposals from The Land Group to provide landscape design services for Well No. 10 (located at Jericho and Willowbrook) and the entire watertower lot east of Zamzows. These services will include only pre- design so that the final construction design costs can more accurately be detennined. Two separate agreements with The Land Group are proposed for the following lump sum amounts. Well No. 10 Pre-design: Watertower PrtHiesign: $1 ,600.00 $2,050.00 The City is very familiar with The land Group's work as both our consultant (Ustick Reservoir Landscape Project, Generations Plaza) and as a developersl consultant. Recommended Council Action: Award the agreement for professional services for the Well No.1 0 and Watertower Landscape Projects to The Land Group in lump sum amounts of $1,600 and $$2,050, respectively, and authorize the Mayor to sign and City Clerk to attest the agreement Thank you. Please contact me if you have any questions regarding any of these items. /~ . Page 3 1- .. - THE LAND GROUP, INC. December 11, 2001 City of Meridian Public Works attn: Brad Watson 200 E. Carlton Street Meridian, Idaho 83642 Re: Fee Proposal Meridian Water Well #10 Site s.w. Corner of Jericho/Willow Brook Drive Dear Brad: We are pleased to submit this proposal for professional services in connection with the project referenced above. The following reviews the type and scope of services provided and the fees required for completion. Our contractual agreement is contemplated to be executed between City of Meridian and The Land Group Inc. This proposal is based on our site meeting and project information received December 4, 2001. SCOPE OF SERVICES A. TOPOGRAPHIC SURVEYING ............................................. $960.00 Fox Land Surveyors, Inc. will provide a topographic survey of the existing site. The limits of work will cover; the chain link fence on the west and south sides of the well site, and the face of the curb on the east north sides of the well site. At least two control points will be established on the site for horizontal and vertical reference for construction purposes B. DESIGN DEVELOPMENT ....................... . . . . · · · · · · · · · · · · · · · · · · · .. $640.00 The Land Group shall prepare a Conceptual Site Plan to define the character and essentials of the project. This phase is very important to communicate and combine all input from the ownc~s program elements and design criteria. This conceptual design plan shall include all site spatial layout of program elements such as site element locations, vehicle access, site fencing, gates and landscape. This accurate plan is to be reviewed and commented on by the owners and other governmental agencies. These drawings will further be utilized as base sheets to the Construction Documentation. FEE COST Surveying- .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · · · · · · · · · · · · · · · · · · .. $960.00 Design Development- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · · · · · · · · · · · · · · · . · · ., $640.00 Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work completed. D~ SERVICES NOT INCLUDED , /." ",I",,/, ,. _-I rol,;,,,,,,,,. · J de /'1.,,, 0 ".~ · Cud I-: ".~"'" n ".~ · G ,,II ("" rIC I o.it" /i u" C> I: ".~iJl<rri".~ · (.r"pIJit C "J/OIOO" I'd /1011 Iii 12H South I-::l.~1c RllaJ · Ea.~h.... IJnho R361(1 · P 1fJH.919.41141 F 1118.939.444;) · \\"\\.\\".thclandgroup.cC' DEe 14 '01 08:16 2089394445 PAGE. 05 1. Soil Testing 2. Geotechnical investigation report and field observations. 3. Design revisjon~ after approval to proceed with construction documents. If design revisions are requested, The Land Group will perfonn the revision after receiving written a uthorizat ion. 4. Design of site signage, lighting, sculpture or water fountains. 5. Site retaining walls or stairways. 6. Gas, electrical, cable television and telephone service design. 7. Full-time construction observations services, testing and construction staking. E. ASSUMPTIONS The assumptions listed below were fundamental in detennining the appropriate fee fOT the scope of work proposed in this section. Significant deviations from these assumptions could materially impact the actual fee incurred under the above scope. The assumptions include: 1. Prior to the actual beginning of work, City of Meridian Public Works and The Land Group will jointly define the extent o[lhe Scope of Work and standards to be utilized for the duration of the project. 2. Completion of individual tasks will take place in an orderly fashion. Submittals required by the Owners will respect a time table jointly established with The Land Group prior to the beginning of work. 3. Prior to the beginning of work the [ollowing will be made available to The Land Group: a. Base topographic mapping, including boundary survey in an Autocad fannat. b. Approved Site Plan in an Autocad format. F. ADDITIONAL SERVICES When specifically requested, work not described above shall be perfonned as additional services. This work may include, but is not limited to: 1. Making revisions in drawings, specifications or other documents, or preparing change order documents, when such revisions are due to causes beyond the control of our firm. 2. Design revisions after securing Owner approvals to proceed. If design revisions are requested, The Land Group will perform the additional services after receiving written authorization. 3. Providing additional site observations. 4. Preparation of recurd drawings or transferring as-built blueprint infonnation to the ongina) drawings. 5. Providing any other services not specifically included in this proposaL G. RE~BURSABLEEXPENSES The following costs shall be reimbursed at cost plus 10% and are not included in the Fee for Professional Services: 1. Cost of models, special renderings, promotional photography, special process printin~ special equipment, special printed reports or publicatjo~, maps and documents. 2. Photographic services, film and processing. 3. Cost of copies of drawings, reports and visual images; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract 4. Cost of commercial carrier and public transportation, lodging, car rental and parking, subsistence and out-of-pocket expenses. Private automobile travel at $0.31 per mile. 5. Cost of postage and shipping expenses other than first class mail. DEe 14 '01 08:17 2089394445 PAGE. 06 .....'-1....... &1 '-'~r .LII....... p. I 6~ Long distance telephone telegraph charges. 7. Electronic data processing. 8. Fees for additional special consultants retained with the approval of Client. H. COMPENSATION FOR ADDITIONAL SERVICES Compensation for additional services shall be on a time and expense basis in accordance with the following: PRINCIPAL LANDSCAPE ARCHlTECT . ~ . . ~ . . ~ . . . . . . . . . . . . . . . . . . . . . . .. $75.00 per hour PROJECT MANAGER/DESIGNER ~..... _ . . _ _ . ~ . . . . . . ~ . . ~ . . . · . . · . . . . . . ~ $65.00 per hour PRODUCTION MANAG ERICA nD ... . . . . . . . . . . . . . . . . . . . . . . . · . . . . . . . · · ~ $S 5.00 per hour CLERICAL ............................... w . . . . . . . . . . . . . . . · w . . . . . . .. $30.00 per hour Sun-eying Rates PROFESSIONAL LAND SURVEYOR. . . . . . . . . . . . . _ - . . . . - . . . . . . . . · · . . · .. $75.00 per hour TWO MAN FIELD CR.EW .... . . . . _ . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $100..00 per hour THREE MAN FIELD CREW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . . . · . . .. $125.00 per hour OFFICE TECHNICiAN ............ _ . . . ~ . . . . . . . . . . . . . . . . . . . · . . · . . . ~ . . .. $50.00 per hour 1. STATEMENTS Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work complete. Reitnbtll'Sable Costs shall be billed with fee invoices. J . TERMINATION It is understood that these services may be tenninated upon 10 days written notice for good reason by either party. In this event, The Land Group shall be compensated for all work performed prior to date of termination at the rates set forth above.. K.. REVOCATION This proposal shall be considered revoked if acceptance is not received within 90 days of the date hereof. STANDARD OF CAREl CONSTRUCTION CHANGES The Land Group, Inc. will foHow the professional standards of care expected of a landscape architect licensed and practicing in the State ofIdaho. The owner acknowledges that in the performance of services, as defined in this agreement, the landscape architect and his consultants are expected to meet the standard of care as defined by the State of Idaho. The owner acknowledges that this standard of care does not imply or represent that the contract documents produced by the landscape architect and his consultants will be 100% free from inconsistencies, conflicts) or di screpancies and does not guarantee that 100% of the elements of the project are included. The owner understands that since the landscape architect and his consultants can not produce ) 00% accurate documents, that construction changes will occur and the changes may cost above the original contract price between the owner and the contractor. These changes are in addition to any changes required due to lD1seen or hidden conditions, changes in the codes or regulations and any owner directed changes. The owner will establish a construction contingency to fund construction changes. All costs or credits associated with construction changes will be handled by a modification to the original contract between the owner and the contractor. Brad, thank you for the opportunity to work with you on this project. We are confident in our abilities to provide you with the high quality, timely design solutions that you require. We would be pleased to answer questions you may have or to clarify the various points above. If this proposal meets with your approval, please sign below and return one copy for our files. DEe 14 ~01 08:17 2089394445 P8GE.07 -- - - . - It). - - ,- ... · · ....... LUUuu;U.,..,..,.;:J Sincerely, THE LAND GROUP, inc. Q;Jj DA VID KO Company By Title Date DEe 14 '01 08:17 2089394445 p.tj PAGE. 08 t"". 1. ~, ''''..,.~ .....~ f" ~ i- __-W ~ THE LAND GROUP. INC. December 11, 2001 City of Meridian Public Works attn: Brad Watson 200 E. Carlton Street Meridian, Idaho 83642 Re: Fee Proposal Meridian Yellow Water Tank Site Off Watertower Lane and Eightmile Creek Dear Brad: We are pleased to submit this proposal for professional services in connection with the project referenced above. The following reviews the type and scope of services provided and the fees required for completion. Our contractual agreement is contemplated to be executed between City of Meridian and The Land Group Inc. This proposal is based on our site meeting and project infonnation received December 3, 2001. SCOPE OF SERVICES A. TOPOGRAPIDC SURVEYING "...""..""..""............................."..""......." $1,100.00 Fox Land Surveyors, Inc. will provide a topographic survey of the existing site. The limits of work will cover; the chain link fence on the west site of site, the face of curb on the south side of the site, and the toe of Right Mile .Creek on the east and north side of site. At least two control points wi]] be established on the site for horizontal and vertical reference for construction purposes B. DESIGN DEVELOPMENT ..........." . " .. _ _ _ .. .. " . . .. .. . .. . . . .. .. .. . .. .. " . .. . . .. . . .. .. .. . .. .. .. 5950.00 The Land Group shall prepare a refined Conceptual Site Plan for all project phases to define the character and essentials of the project. This phase is very important to communicate and combine all input from the owners program elements and design criteria. This conceptual design plan shall include all site spatiallayout of program elements such as site element locations, private access lane, site fencing) gate, benning, drainage pipe and landscape_ This accurate plan is to be reviewed and commented on by the owners and other governmental agencies. These drawings will further be utilized as base sheets to the Construction Documentation. FEE COST S urveyiog- . .. . . . . . .. . . .. . .. . .. . .. .. . .. .. . .. .. .. . .. .. . . . .. . . .. .. . .. .. . . .. . " . . . .. .. .. " . . . . .. . .. . .. .. " .. S 1,100.00 Design Development- . . " .. .. .. " .. .. .. .. . . . . . . . . . .. . . . . .. . .. . .. . .. .. . . . . .. .. .. . . .. . .. .. . . .. . . . . ... S950.00 Fees for Professional Services shall be billed monthly for progress payment based upon percentage ofworX: completed. D. SERVICES NOT INCLUDED , I .1.1 11 (I J"'",/ P r , rdJl tcctlf II' · ,\ i, r P / lJl/J1I Jl.~ · (lI"i/ J:. 11.~J 1/ t'''"/JI.!! .. (; rIll r. Ol/If r J r TO:" II 'I" Co.. I; J/!!,/l1r r rl1IJ. .. Cr' rft p hie C,., III 11/1/1/1 (" t;o /J ~ l 2 8 S () U l h E it ~ I t' R 0 J d .. I: a g k > (d ~ h II H .I (, I 6 .. P 20 k . CJ ~ I) ' 4 [) 4 l 17 1 0 l) . 9 3 <) . 4 4 4 J · \\" \\" \\", the In n d g r (I up. C C ~ .... r . DEe 14 '01 08:15 2089394445 PRGE.01 - - -- O. --I r--..c.. I' I 1 ~ Soil Testing 2.. Geotechnical investigation report and field observations. 3. Design revisions after approval to proceed with construction documents. If design revisions are requested, The Land Group will perform the revision after receiving written authorization. 4. Design of site signage, lighting, sculpture or water fountains~ S. Site retaining walls or stairways. 6. Gas, electrical, cable television and telephone service design.. 7. Full-time construction observations services, testing and construction staking.. E~ ASSUMPTIONS The assumptions listed below were fundamental in determining the appropriate fee for the scope of work proposed in this section. Significant deviations from these assumptions could materially impact the actual fee incurred under the above scope~ The assumptions include: 1. Prior to the actual beginning of work, City of Meridian Public Works and ]'he Land Group will jointly define the extent of the Scope of Work and standards to be utilized for the duration of the project. 2. Completion of individual tasks will take place in an orderly fashion. Submittals required by the Owners will respect a time table jointly established with The Land Group prior to the beginning of work. 3~ Prior to the beginning of work the following will be made available to The Land Group: a~ Base topographic mapping, including bOlll1dary survey in an Autocad tormat.. b. Approved Site Plan in an Autocad format. F. ADDITIONAL SERVICES When specifically requested, work not described above shall be performed as additional services. This work may include, but is not limited to: 1. Making revisions in drawings, specifications or other documents, or preparing change order documents~ when such revisions are due to causes beyond the control of our firm. 2. Design revisions after securing Owner approvals to proceed. If design revisions are requested, The Land Group will perform the additional services after receiving written authorization. 3. Providing additional site observations. 4. Preparation of record drdWingS or transferring as-built blueprint information to the original drawings. 5. Providing any other services not specifically included in this proposal. G. RE~URSABLEEXPENSES The following costs shall be reimbursed at cost plus 10% and are not included in the Fee for Professional Services: 1. Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents. 2. Photographic services, film and processing. 3. Cost of copies of drawings, reports and visual images; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contracL 4~ Cost of commercial carrier and public transportation, lodging, car rental and parking, subsistence and out-of-pocket expenses. Private automobile travel at $0.31 per mile~ s. Cost of postage and shipping expenses other than first class mail. DEe 14 '01 08:15 2089394445 PAGE. 02 - -. . - O' - - 1- .... . · - p...:1 ( \ ( 6. Long distance telephone telegraph charges. 7. Electronic data processing. 8. Fees for additional special consultants retained with the approval of Client. H. COMPENSATION FOR ADDITIONAL SERVICES Compensation for additional services shall be on a lime and expense basis in accordance with the following: PRlNCIPAL LANDSCAPE ARCIDTECT . ~ . . . . . . . . . . . . . . . . . . . . . . . . . · . . .. $75.00 per hour PROJECT MANAGER/DESIGNER ~................................. ~ . . . ~ . - -. $65..00 per hour PRODUCTION MANAGERlCADD a . . . . . .. . . . . . .. . . . . . . . . . . . . ~ . . . . . . . . . .. $55.00 per hour CLERICAL ............................................................. $30.00 per hour Surveying Rates PROFESSIONAL LAND SURVEYOR. . . . . . . . . .. . . _ _ . . . . . .. . . .. ~ . . .. . . . . . . .. $75~OO per hour TWO MAN FIELD CREW . . . . .. . . . . . . .. . .. . . .. . _ ~ . . .. .. . . . . . .. . . . . . .. . . . · . . .. $1 00.00 per hour THREE MAN FIELD CREW . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . .. . . . · . . . . .. $125.00 per hour OfFICE TECHNICIAN _...................................................... $50.00 per hour L ST A TEMENTS Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work complete. Reimbursable Costs shall be billed with fee invoices. J. TERMINATION It is understood that these services may be terminated upon 10 days written notice for good reason by either party. In this event, The Land Group shall be compensated for all work performed prior to date of termination at the rates set forth above. K. REVOCA TrON This proposal shall be considered revoked ifacceptance is not received within 90 days of the date hereof. STANDARD OF CAREl CONSTRUCTION CHANGES The Land Group, Inc. will follow the professional standards of care expected of a landscape architect licensed and practicing in the State of Idaho. The owner acknowledges that in the performance of services, as defined in this agreemen4 the landscape architect and his consultants are expected to meet the standard of care as defined by the State of Idaho. The owner acknowledges that this standard of care does not imply or represent that the contract docwnents produced by the landscape architect and his consultants will be 100% free from inconsistencies, conflicts, or discrepancies and does not guarantee that 100% of the elements of the project are included. The owner understands that since the landscape architect and his consultants can not produce 1000/0 accurate documents, that construction changes will occur and the changes may cost above the original contract price between the owner and the contractor- These changes are in addition to any changes required due to unseen or hidden conditions, changes in the codes or regulations and any owner directed changes. The owner will establish a construction contingency to fimd construction changes. All costs or credits associated with construction changes will be handled by a modification to the original contract between the owner and the contractor. Bra~ thank. you for the opportunity to work with you on this project. We are confident in our abilities to provide you with the high quality, timely design solutions that you require. We would be pleased to answer questions you may have or to clarify the various points above. If this proposal meets with your approval, please sign below and return one copy for our files. DEe 14 '01 08:16 2089394445 PAGE. 03 Sincerely, THE LAND GROUP, Inc~ Company By G Title Date DEe 14 '01 08:16 2089394445 fJ.-" PAGE. 04 ( /1.0/\ Ct'JUNT'Y RECORDER J. DJ~~V fO r!/l,V!\RRO f :~ f ~ ~ I~_- ~-- ~ ~~-l f' 1. ~ "...~ . .' , ~ . .' ~ ) RECORDED - REQUEST OF b~ /} A_I ~E~DEPUTY#~ 102009978 ./fr 2D02 JA 25 PJ.l I: 56 MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. 01- 133 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE leNOWN AS COORS DISTRIBUTING COMPANY THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL DISTRICT (I-L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: T11at the following described la11d is contiguous and adjacent to the City of Meridia11, Idaho, and that the City of Meridia11 has received a written request for an11exation to the City of Meridia11, Idaho, by the ovvner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-OI-013) - 1 ( A parcel of la11d bei11g Lot I, Blocl( I, COlnmerce Parle Subdivision and portiOl1 of Eagle Road and COlnmercial Court right-af-way located in the SW 1/4 of Section 9, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Comnlencing at the SW corner of Section 9, T. 3N., R. IE., B.M., Thence N 0000'00" W 1298.53 feet along the West line of said Section 9 to the REAL POINT OF BEGINNING of this description; The11ce S 89056'30" E 478.75 feet to the SE corner of Lot I, Blocl( I, Commerce Park Subdivision; Thence N 0000'00" W 504.97 feet along the east line of said Lot I, exte11ded, to a point on the northerly right-of-way of Commercial Court; Thence N 89056'24" W 298.75 feet alol1g said northerly right-of-way to a POi11t; Thence N 77008'19" W 112.83 feet along said l10rtherly right-of-way to a point; Thence N 89056'24" W 70.00 feet to a point on the west line of said SW 1/4; The11ce S 0000'00" E 530.00 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 5.622 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby an11exed and Inade a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herei11 by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Light Industrial District (I-L). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-OI-013) - 2 ( ( and area maps as vvell as the official zoning maps, cOlnprehensive plan and all officiallnaps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Sectiol1 3 of this ordinance is subject to the terms al1d cOl1ditions of the Administrative Staff as olltlined in the Annexation and Zoning Findings of Fact and Conclusions of Law of the lal1d described in Section 1, and any uses are to be developed under light industrial. SECTION 6: All ordinances, resolutions, orders or parts thereof i11 conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The CIeri, of the City of Meridian shall, within ten (10) days follo,ving the effective date of this ordil1ance, duly file a certified copy of this ordinal1ce and a Inap prepared in a draftsman manner plainly and clearly designating the boul1daries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file siluultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 63-2215 a11d 50-223. ANNEXATION AND ZONING ORDINANCE (AZ-OI-013) - 3 ( PA~ED BY.THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /fJ71-day of -/JeC.em~, 2001. lalL APPRO~~_D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this V day of J)eLeh>-~ ,2001. /~\~~'~~~ !~:'E::::'~:"::-;.- . ~$ ''('J. cP~por;/ih 'OJ? '<. ., - ~ <"'A ' . ~ . ~ ~J ~~ :~ -:.. :'.' n T~) i.~ L..' . iJ~ f!. . ._.. \. ~,'1~'!:!_i',' '. ~~-'.fJ ./: E, o~'" ", 1 S'\ Y .".. :...' '\...~,<c~',:~~.;, , <:::~j~' , . \ > ATTEST: STATE OF IDAHO,) SSe County of Ada. ) On this / q~ay of Dee. eJ." ber , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., Imown to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged to Ine that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dal',~ vear first above written. "..", . 11)# '!t~ Ct.L S ~#~ ~...,.. ~).. .4- 'ooI'~. '. ... (. .,t.r./ ,.,,#### ;: 'bar .. ~v -,rr .., ~ ~,,-.. ~(' ~ ~ 4It .. ... ~ = .. ....:\u1AJ' · - .. .).~ .(\ .J. t : : * : ...~ : '* : - . . - : t C.: (SEAL) ~ lot. PUB L \ .' E ~ u~" .... .. 0 ~ ~ ." ,r ""'.... .. .."\..... ~ ".. <(''1;. ...-.,.......- ~~~.. ........ ''.i:! () r \ \> t,~..'~ f,.....;........",. OT Y PUBLIC FOR IDAHO DING AT: fJJ(I'il/tt i1 COMMISSION EXPIRES: 1/;<0/0? I · Z:\Work\M\Meridian\Meridian 15360M\Coors Distributing Co. AZOI..013\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-OI-013) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer a1ld Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City ClerIc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. OI,;C(B3 passed by the City Council of the City of Meridian, on the I gf!;> day of--Z;;;CjljYl ~ 2001, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of tIle City of Meridian. STATE OF IDAHO, SSe County of Ada, On this J ~ day of -1>-ec.eM beY' , in the year ;2.00 I , before me, Jo..~\(.-e. ;:>"";.J.L,, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to Ine to be the City ClerIc of the City of Meridian, Idaho that executed the said instrulne11t, a1ld acknowledged to me that he executed the same 011 behalf of tl1e City of Meridia11. ...'"...... 4. 4'.1# ,..- CE t '#., ,," ~ \ 1. (~ ### ~.; ,,~ ....~""'-Q (~fA _~ ~# ~ ., .- G.."~:).. t:" I ... ~ ..0 .........;... \ : _ ~Ol~ >- '. ',J" III . *.}." ..../f'.. - :: ~ : : . . ~.... . . (SEAL) S \.p : * = ~ (/1.. C:&, UBLIC I S ~.r; '\.. .... I ~ "'? ~ .~ ."0 . ~ ... ./:[: .......... ~ ~..'" ..###. () F I D ~ ~....~" .-'.-.....Ir.I. I"" z:\ W ork\M\Meridian\Meridian I 5360M\Coors Distributing Co. AZO 1.0 13\CertificationOfClerkOrd.doc No ry ublic for Idaho Co I . ssion Expires: 00/ ,to /()7 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OO-O 18 1 E PINE AVE LINE 1 2 3 UNE TA8L.E LENGTH 298.75 112.83 70.00 BEARING N89.56'24"W N77.0a'19"W N89.56'24 "w POINT OF BEGINNING 3 S89-56130UE 478.75' - : ~ f. '. "~'_I t ~ .. +.i ,~ , . :', ".' ", .' ,~',>~'." ..;<':'::: :_"')':'~""'~~"\;: ... l~_:' .... d' ) , , .; < . ,.' '.~ ',: ,'I :' " P .. ' . " :, . /" ' i ~ l:" .. ~ W : o ;..... o en '8 ..;: b 0 o It) z ,t' ). :"~I ,',' . ,"'.. ~ f' C MERCE PA K SUBDIV1SIC .~ ~ ..........4. t,. ~ 4 ........ .. __... ~ ___ ...J ~ ......... ~ ~ _:. ... ~ __.... t ;.... .........;........... JV ORDINANCE NO. SECTION 9, T3N, R1 E CITY OF MERIDIAN 660 E. WA TER TO WER, SUITE 200 MERIDIAN. IDAHO 836~2 DRA~ BY:SJO ~ t - ---~......____~ -----.~ _ _.-......,.___ --,;__ ~......... ~ ~ 'j " : \~ . .... .... . . . \ ~j : t . ~ "" , ......1 .:.'. ;";: , ! . "\ '.~ ,'.J: '/" '" , , . . ~,.. ", .: I ;t,; ::; :.:, ;',", ~,: : ,:, ' ': c !~.<.;<,~,,':':, I BEFORE THE MERIDIAN CITY COUNCIL C/C 12/18/01 IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC., FOR ) APPROVAL OF FINAL PLAT ) FOR COMMERCIAL TIRE, ) LOCATED AT SOUTH ) MERIDIAN ROAD AND SOUTH ) OF THE EIGHT MILE ) LATERAL, MERIDIAN, IDAHO ) ) CASE NO. FP-OI-022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This Inatter comil1g before the City COU11Cil for Final Plat approval purSllant to Meridian City Code S 12-3-7 on December 18,2001, and the COll11Cil finding that the Administrative Review is cOlnplete wl1ich has inclllded certain cOlnments and conditions as stated in a letter to the Mayor aI1d Cou11cil frOITI Bruce Frecldeto11, E11gineeri11g Techl1ician III, a11d Shari Stiles, Plan11ing a11d Zoning Admi11istrator, listing 3 Ge11eral Comlnents and 10 Site Specific Comments, which are herei11 fOUl1d fair a11d reasonable, and at the Decel11ber 18, 2001 meetil1g, Shari Stiles, Pla11ni11g and Zonil1g Admi11istrator, and Meridian Fire Chief, I(enl1Y Bowers, appeared and testified at the hearing, and Clint Boyle appeared and testified 011 behalf of the applicant, and no one appeared i11 opposition, and the Council having ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) - 1 considered the requiremel1ts of the prelilninary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: I. The Plat of "COMMERCIAL TIRE SUBDIVISIONll as evide11ced i11 Final Plat bearil1g the "FINAL PLAT FOR COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE V4 OF THE NE 1/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2002, DRAWING NO. COI6216_FP.DWG, SHEET I OF 2, HAND WRITTEN DATE: 20 NOV 01, PINNACLE ENGINEERS, INC.", Pinnacle Engineers, Inc., Developer, is Conditionally Approved subject to those COl1ditions of Staff COlTImel1ts as set forth in the MelTIOrandum to the Mayor a11d City COllncil froln Bnlce Frecl<leto11, E11gineering Techl1icia11 III, al1d Shari Stiles, Plannil1g and Zonil1g Adlni11istratof, dated Dece111ber 13,2001, listing 3 General Commel1ts and 10 Site Specific Comments, a true al1d correct copies are attac11ed hereto 111arl(ed Exhibit "A", and C011sisting of three pages, and by this reference incorporated hereil1, with the additional require111ents as follows, to-wit: 1.1 Pursuant to actio11 tal(en by the Council at their December 18, 200 I, meeting, nUlTIber 6 on page 2 of the Site Specific COlnments of the staff comn1ents, attached hereto as Exhibit "A", shall be revised and shall read as follows: Site Specific COlTIlne11ts: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) -2 6. "Street signs are to be in place, the water system shall be approved and activated, a temporary C011struction fence to help lceep debris out of the ditch, and a road base shall be i11 place so emergency vehicles can access the back of the property of the lot, and which road base shall be approved by the Ada County Highway District, all of which must be completed before a building perluit Inay be obtained. It shall not be necessary to have the pressurized irrigation systell1 approved and activated, drainage lots constructed, or the perimeter fencing installed, prior to applying for the building permit. All development improvelne11ts shall be installed and approved prior to obtaining certificates of occupancy. The final plat shall be recorded prior to issuance of a certificate of occupancy. A letter of credit or cash surety in the amount of 11 0% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc. prior to sigt1ature on the final plat." 1.2 Deputy Fire Chief, Joseph Silva, requires the following: a. That a fire-flow consistent with the 1997 Uniforln Fire Code for the type and size of the building being proposed. Fire hydra11ts shall be placed a11 average of 400' apart. 1997 UFC Appendix III-A. b. Operational fire hydrants and temporary or perlna11ent street signs are required before cOlnbustible construction begins. UFC 901.4.2 & 901.3. c. Acceptance of the water supply for fire protection shall be by the Meridian Water Departme11t. d. Final approval of the fire hydrant locations shall be by the Meridian Water Department. e. All radii shall be 28' inside and 48' outside radius. f. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) - 3 g. The roadways shall be built to Ada County Highway Sta11dards. UFC 902.2.1 h. The tire storage practices shall be C011sistent to those allowed by the 1997 UniforlTI Fire Code for High Hazard COffilTIodi ties. 1. Outside storage of tires shall comply with 1997 UFC 1103.3.6. 1.3 Comply with the Central District Health Department's Environmental Health Division on the Fi11al Plat dated 12/6/01. 2. The fil1al plat UpOl1 which there is contained the Certificatiol1 and signature of the City Clerl( and the City Engineer verifying that the plat Ineets t11e City's requirelnents shall be signed only at StIch tilne as: 2.1 The Plat dilnensions are approved by the City E11gineer; and 2.2 The City Engirleer has verified that all off-site improvelnents are C0111pleted al1cl!or the appropriate letter of credit or cash has been issued guara11teeing the COl11pletion of off-site and reqtlired on- site inlprovelnents. By action of the City Coul1cil at its regular lueeting held 011 the I B-1:!: day of ?fee e 10-~ ,2002. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) - 4 Copy served upon Applicant, the Planni11g and Z011ing Department and the Public Works Department. By: /dL:-,p~ f ~ City CIerI, Dated: / -- 9-tJ 2- ,,\l:' ~'tt\I~~lt~ \\~J"~,~ ~"'.: ',~ ,,'tJ~,. ...\'1t\ d 'Vi" . '. f"~ :'~~i& ~'-~:! ~'~ . " -.1f'1 ~.. ~ ,,- \. .... _ '. ~k~.~ ~: V' ,..~...~ .,~ ~? ,.. ~f:>P r- ~p~,,~ _' .~ ~;~ .,;', * ........ - ... . ~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) - 5 nUD ur lI'V:!-/jJ.JU1\l.J Y~.J. ?vL-\x"OR ( _-\ Good Place to Li\Te ('- CITY OF MERIDIAN LEG_,-\[ DEP _'\.RThIENT (208) 288-2499 . Fa."{ 288-2501 Ro beft D. Corrie Pl113LIC \~.ORKS BUILDIl'JG DEP_'\RThIENT (~08) 887-2211 . Fax 887-1297 CITY COUNGL iYfE1\,ffiERS Ron ..Anderson 33 EAST IDAHO 1rIERIDIAN, IDAHO 83642 (208) 888-#33 . F iL'C (208) 887-4813 Gty Oerk Office Fax (208) 888-4218 PL'\NN1NG liND ZONll'JG DEP_t\RThfE1W (208) 884-5533 . F~'\..,{ 888-6854 Keith Bird Tammy de\~reerd werie 1tkCandless RECEIVED l\1EMORANDUM: DEe 1 4 2001 December 13, 2001 To: .. City Of Ivleridian Mayor and CIty Council City Clerk Office Bruce Freckleton, Assistant to City Engineer ~ Shari Stiles, Planning & Zoning Administrator ~ From: Re: Request for Final Plat Approval of a One-lot Subdivision on 2.44 Acres of Land, Consisting of a Single Lot on 1.89 Acres with the Balance of the Land Being Dedicated as Public Right-of-way in a C-G Zone by Pinnacle Engineers (File No. FP-OI-022). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA TION SUMMARY Pinnacle Engineers, on behalf of Commercial Tire, has requested Final Plat approval of a one-lot subdivision on 2.44 acres ofland4 The proposed subdivision would combine four existing lots into one 1.89-acre lot, with the remainder of the land being dedicated as public right-of-way. Pennwood Street will be extended from Meridian Road to match the Pennwood Street right-of-way on the western boundary of the property.. The applicants have received a Conditional Use Pennit and Preliminary Plat approval from the City pfMeridian for the construction ofa 20,OOO-square-foot retail sales and automotive repair building. The proposed build'ing will house eight automotive service bays, two alignment bays, and.a covered ~ruck canopy capable of housing two large tucks or R V. ' s, in addition to office, warehouse and waiting areas. The pre-engineered steel building has a metal root: pre-finished metal siding and painted masonry block. LOCATION & SURROUNDING USES The subject property is located on the west side of Meridian Road and just south of the Eight Mile Lateral. It is generally located at the sOlJthwest comer of the intersection of Gem Avenue and Meridian Road. The property is currently zoned e-G. The following uses surround the subject property: North - John's Car Care, zoned C-G. FP-O 1..022 Commercial Tire FP t~~;b6.f "f).' I 013 Planning & Zoning CommissionIMayor & City Council December 13, 2001 Page 2 South - Apartment buildings, zoned R-15 and R-40_ East -Vacant land, zoned C-G. W est -Vacant land, zoned C-G_ SITE SPECIFIC COtv11v1ENTS 1. Sanitary sewer and water service to this site shall be via extensions from existing main lines adjacent to the property. 2. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed~ 3 ~ All parking shall be retained on-site for all buildings and businesses within the subdivision. 4~ Please revise plat note #6 to read: ... elevation ofhaHse structural footings shall... 5. Applicant's engineer will be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 6. Street signs are to be in place, water system shall be approved and acti-r."atcd, prcS5llrized irrigation system appro"'v"cd and acti'v:atcd, drainage lots constructed, perimeter fcncmg installed, afld road base appro"/cd by. the t...da County High~lay District prior to applymg for building pell1ll~. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. The final plat shiul be recorded prior to issuance of a certificate of occupancy. A.letter of credit or cash surety in the amouI?-t of 110% will be required for all fencing, pathways,.landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. ' 7 - All parking and areas of circulation shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. ... 8_ A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. OfJ:site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior' to development plan approval. Tl,1e applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells on the final plat. FP-O 1..022 Connnercial Tiro.FP E)'/l//;/-/ "A" ~ oF.:3 Planning & Zoning CommissionIMayor & City Council December 13, 2001 Page 3 9. Assessment fees for water and sewer service are determined during the building plan review process. 10. Staff's failure to cite specific ordinance provisions or terms of the approved preIiminary plat does not relieve Applicant of responsibility for compliance. GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Warks Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non- domestic purposes such as l~dscape irrigation. 3. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. RECOMMENDATION Staff recommends approval of this application, with the aforementioned conditions. FP~l-022 EJt.A, 'h /1 'rJ" 3 of ~ Tire.FP BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR THE FINAL PLAT FOR PACI<ARD ) ACRES SUBDIVISION NO.2, LOCATED ) EAST OF NORTH WINGATE LANE AND ) SOUTH OF EAST USTICI( ROAD, ) MERIDIAN, IDAHO ) ) BY: PACI<ARD ESTATES DEVELOPERS ) ) ) C/C 12-18-01 CASE NO. TE-01-009 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT This matter cOlnillg on regularly before the City Council on the 18TH day of Decen1ber, 2001, UpOll the Applicallt's time applicatioll for a one (1) year extensioll within which to submit the Final Plat, as provided ill 9 12-3-6 B, alld good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is grallted a aIle (I) year extellded period of tilne until January 16, 2003, of this Order withill which to sllbInit the Final Developlnellt Plan Plat for the above entitled subdivision application. Order Gral1till.g A Olle (1 ) Year Tilne Extensioll For Filillg The Preliminary Plat and Fillal Plat (TE-O 1-009) 1 (8fl'- By action of the City COUl1Cil at its regular meeting on the ~ day of Je(eWt~ ,~ZDO( DATED this q-1:5 day of Januaf-tf- , 2002. Copy served upon Applicant, Plannil1g al1d Z011ing Departlne11t, Public W orl(s and the City Attorney. By:JI~e-2-,~~ ~ City Clerl( Dated: z:\ W ork\M\Meridian\Meridian I 5360M\Packard Acres Sub #2 TEO I-009\FPTin1e Extension. I ~009 .doc Order Granting A One (I ) Year Tilne Exte11sion For Filing The Prelimil1ary Plat a11d Final Plat (TE-O 1-009) 2 , 1;1 - \ (- ( RECEIVED DEe 1 8 2001 DELINQUENCY FOR TURN OFF SCHEDULED FOR 12/19/01 City of Meridian City Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, December 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 December 19, 200 1 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $66,745.16. l i_ CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Dec 18,2001 03:48pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer. Cust No = {<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 13.0008.1 L YNCH,THOMAS A 137.71 82.33 55.38 1 0/30/2001 27.31 - 69.0106.1 MCGOFF, WENDY 67.20 35.61 31.59 10/02/2001 66.13 - none 34.0281.1 A & S CONSTRUCTION 330.48 134.46 196.02 34.3240.2 ABBOTT, REBECCA 157. 74 78.42 79.32 11/19/2001 112.23 - 4.0868.2 ABLE, MICHAEL 116.24 73.44 42.80 11/20/2001 35.05 - 1.3980.1 ADA COUNTY OPERATIONS 186.43 150.82 35.61 11/19/2001 75.41 - none 2.1480.2 AFFINITY CARE 504.65 240.07 143.84 120.74 35.0190.2 AHEARN, THOMAS 11 0.88 64.91 45.97 11/28/2001 45.67 - 50.1476.1 All & FARHA ISHAQ, SABIHA 752.06 386.14 305.40 60.52 11/27/2001 305.40 - none 19.6556.2 AMAR, STEVE 83.87 57.19 26.68 10/17/2001 28.84 - 1.0040.1 AMERICAN LEGION 756.33 430.41 325.92 10/10/2001 412.37 - none 49.1156.1 AMERICAN WALL COVER INC 115.60 33.76 27.28 27.28 27.28 08/10/2001 27.28 - 49.1157.1 AMERICAN WALLCOVERING IN 72.90 17.82 55.08 22.2108.1 AMERICRAFT HOMES 75.44 40.96 34.48 11/01/2001 34.18 - 4.2256.2 ANDERSON, NELSON 195.15 113.66 81 .49 11/28/2001 127.40 - 51.1383.1 ANDERSON/LOCKWOOD FOUN 254.34 24.30 230.04 12/12/2001 24.30 - none 50.4494.3 ANDESON, STAN 75.44 40.96 34.48 11/26/2001 1 0.25 - 14.4428.1 ANN MAKA 128.15 87.53 40.62 10/23/2001 42.71 - 2.6300.1 ANSON, PATRICIA 174.63 1 09.16 65.4 7 11/14/2001 30.00 - none 21.2656.1 ARCHER, DORSEY 119.21 49.42 69.79 11/21/2001 55.00 - none 35.0099.2 AREVALO, MICHAEL 59.84 33.16 26.68 1 0/26/2001 26.38 - 15.0300.2 ARMSTRONG, BRENT 99.47 64.99 34.48 11/16/2001 35.41 - 53.0700.1 ARNOLD MACHINERY 338.20 301 .45 36.75 12/18/2001 292.51 - none 50.1626.2 ARNZEN FUNERAL SERVICE, I 98.02 49.01 49.01 10/29/2001 48.56 - 69.0530.1 ATCHISON, JEFFERY 113.55 53.25 60.30 10/11/2001 134.62 - none 74.3660.2 ATHERTON, NOBLE 65.66 27.91 37.75 11/01/2001 31.30 - 34.0576.3 AUER, J. WAYNE 75.44 40.96 34.48 10/16/2001 35.41 - 42.2148.1 AZARY,SUSAN 67.22 33.16 34.06 10/23/2001 113.03 - none 21.1928.1 BAILEY, BRUCE R 133.33 56.80 76.53 11/27/2001 100.00 - none 51.0290.3 BAILEY, PEGGY 83.09 42.19 36.94 3.96 11/21/2001 40.00 - 3.0326.1 BAIN, RAND 266.03 124.60 55.94 85.49 11/26/2001 70.00 - none 34.0846.2 BAKER,MARREEN 82.82 40.96 41.86 11/08/2001 48.94 - 50.0336.1 BAKER, SPENCER 68.73 35.76 32.97 10/23/2001 89.25 - none 69.0590.1 BAPTISTE, MONTGOMERY 248.52 138.57 109.95 11/20/2001 148.94 - none 34.1772.2 BARBEE,RANDY 88.29 33.16 55.13 10/25/2001 156.08 - 42.1966.1 BARRY, CLAY A 131.05 74.30 56.75 10/18/2001 163.19 - none 32.1532.1 BARTLETT, MATT 59.84 33.16 26.68 10/22/2001 53.99 - none 4.2096.5 BATES,LANCE 96.87 61.16 35.71 31.3400.2 BEAN, DONOVAN 64.74 35.61 29.13 10/24/2001 60.96 - 34.0942.1 BECK, JIM 131.87 33.87 6.48 51.34 40.18 11/26/2001 7.00 - none 32.0932.1 BEEHIVE SHEL TER HOME 303.29 144.10 159.19 10/29/2001 184.12 - none 31 .341 O. 1 BEEHIVE SHEL TER HOME 231.05 119.50 111 .55 10/29/2001 136.48 - none 42.1076.1 BEEHIVE SHEL TER HOME 354.86 171.16 183.70 10/29/2001 191.64 - none 74.2762.1 BEEHIVE SHEL TER HOME 421.79 74.49 208.92 138.38 10/29/2001 268.52 - none 2.5690.3 BELL, DERRICK 237.62 58.26 62.34 113.63 3.39 07/27/2001 108.96 - 2.0502.2 BELL, HEIDI 102.88 76.20 26.68 11/0212001 36.22 - 33.2316.1 BELL, LILLY 77.06 43.00 34.06 10/17/2001 75.06 - none 33.1828.1 8 ELL, RONALD & JULI E 92.66 52.03 40.63 11/26/2001 52.63 - none 16.3010.1 BENCO INC 116.42 63.36 26.68 26.38 09/07/2001 52.76 - 51.3568.1 BENNET, PHILIP & CAROL YN 63.52 34.39 29.13 11/19/2001 35.00 - 33.2772.2 BENNETT, GREG 148.34 86.10 62.24 11/28/2001 55.79 - *** in Msg column indicates no Notice is to be sent ( ,- ( CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Dec 18,2001 03:48pm Current Period: 12131/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amou nt Msg 2.1008.1 BENNETT, JAMES 124.88 67.31 57.57 11/07/2001 80.64 - none 51.2623.1 BENTLEY, DONALD 116.36 116.36 11/14/2001 103.68 - none 51.2622.1 BENTLEY, DONALD 194.58 92.29 92.29 10,00 11/14/2001 90.65 - none 2.0452.1 BIERY, SHAWN 134.65 86.83 47.82 11/01/2001 80.00 - none 42.4064.1 BLACKNEY,DOUGLAS 69.66 35.61 34.05 10/08/2001 58.75 - none 51.3680.2 BLAKE,DALE 147.36 77.21 70.15 10/0212001 214.74 - 2.4200.1 BLAKELY, CLAUDE JAMES 127.61 82.33 45.28 1 0/24/2001 62.44 - none 1.2780.1 BLEVINS, LAURIE 96,03 58.28 37.75 11/21/2001 57.13 - none 22.2148.3 BLOCK, ANTHONY & TANYA 98.79 48.33 50.46 10/18/2001 18.91 - 21.3034.3 BaBKa, RAYMOND 88.21 61.87 26.34 1211212001 33.13 - 51.0506.1 BOGGIS, CONNIE 67.13 36.19 30.94 1 0/26/2001 37.36 - none 52.0246.1 BOLO'S PUB & EATERY 835.57 310.86 268.00 256.71 11/20/2001 268.00 - none 50.0230.2 BORG,GREGORY 75.44 40.96 34.48 74.0660.2 BOSSART-HILL, CANDACE 80.01 36.93 43.08 10/19/2001 79.28 - 21.2124.3 BOUDREAU, YVETTE 77.97 44.36 32.96 .65 11/19/2001 103.00 - 51.4310.1 BOWER INVESTMENTS, LLP 84,00 33.36 16.88 16.88 16.88 09/12/2001 31 .68 - 74.3256.2 BRADY,MARK 49.48 29.13 20.35 11/09/2001 40.00 - 51.0706.2 BRANDT, LORELI 91 .45 43.14 35.43 12.88 10/15/2001 50.00 - 5.0264.1 BRENNAN, TERRENCE 256.31 143.19 113.12 11/26/2001 105.25 - none 1.0800.1 BREWER, SID & SHELL Y 98.93 62.25 36.68 1 0/24/2001 82.28 - none 3.0274.1 BREWSTER, ROBERT 102.90 58.56 44.34 1 0/24/2001 67.25 - none 21.2564.4 BRINEGAR, KATHLEEN 71.61 27.72 35.10 8.79 11/08/2001 40.00 - 2.5870.2 BROCKMAN, VERNON & DAWN 191.86 104.63 87.23 10/1212001 120. 14 - 19.4456.1 BROOKS FULLER HOMES 245.67 66.06 36.93 36.56 106.12 10/17/2001 50.00 - none 19.7174.1 BRUCE, ROBERT 92.50 55.82 36.68 1 0/26/2001 76.29 - 19. 1400. 1 BRYAN STEVENSON 128.56 72.51 39.40 10.17 6.48 32.1092.3 BUCKLEY, WILLIAM 134.48 63.10 71.38 10/0212001 411.87- 34.1844.1 BUFFAT,STEPHEN 125.20 65.84 59.36 11/21/2001 78.74 - none 2.5120.1 BURNETT, CAREY 101 .23 61.02 40.21 10/16/2001 57.13 - none 69.0182.1 BURNS, DONALD 79.64 38.06 41.58 10/24/2001 68.43 - none 2.4890.2 BURNS, EMMETT 162.69 93.54 69.15 12104/2001 100.00 - 74.3668.2 BURRIS, STANTON & JANICE 63.18 29.13 34.05 1 0/2212001 60.81 - 4.2308.1 BUTTERFIELD, CHARLES & TO 284.50 191.89 92.61 1 0/26/2001 189.08 - none 34.0696.1 BUTTRAM,DEANNA 73.32 45.60 27.72 1 0/30/2001 50.00 - none 32.0928.1 BYRNE, PHILIP 79.80 41.91 37.89 11/19/2001 44.97 - none 50.0724.1 C.F.1. INVESTMENTS 62.60 33.16 26.68 2.76 11 /05/2001 50.00 - 2.5770.1 CAFFERTY, RICK 104.19 76.20 27.99 12118/2001 38.03 - none 31.1274.1 CALLISON, JAMES & BARBARA 84.51 45.59 38.92 1 0/29/2001 65.80 - none 34. 11 00. 1 CALLISTER, BROCK 54.91 33.16 21.75 11/19/2001 35.00 - none 21.0522.1 CALWELL, MARC 64.86 40.53 24.33 11/19/2001 40.00 - none 21.3279.1 CANDLELlGHT\ COMMUNTITY 422.82 158.76 264.06 10/15/2001 896.14 - none 4.1796.1 CAPRAI, JOHN & SARAH 241 .03 117.47 70.28 53.28 11/14/2001 40.00 - none 46.4766.1 CARLS OF BOISE 762.43 620.75 141.68 11/15/2001 141.68- 34.1808.2 CARPENTER,DOUGLAS 96.05 50.65 45.40 11/21/2001 72.25 - 4.2166.2 CARPENTER,SEAN 223.03 109.69 113.34 10/17/2001 222.39 - 21.0222.2 CARSON, LAWRENCE 75.44 40.96 34.48 10/1212001 34.18 - 2.5130.1 CASPERSEN, MAUREEN K 152.24 92.59 59.65 10/24/2001 154.34 - none 50.0310.2 CASS, BRUCE C 96.51 42.19 54.32 10/24/2001 137.24 - 32.0446.1 CAVINESS, WILLIAM A. 119.00 51.88 67.12 10/24/2001 135.00 - none 48.1610.1 CB FINANCIAL DEV. LL.C. 787.43 601.04 186.39 12103/2001 400.87 - 46.0232.2 CHAN, KIN WA 84.98 43.42 41.56 11/15/2001 45.55 - 2.3410.1 CHECK, MICHAEL & NORMA 114.19 73.74 29.28 11.17 11/01/2001 50.00 - none 7.0768.1 CHEESEBROUGH,GREGG 104.19 70.98 33.21 11/19/2001 40.00 - none 33.0103.1 CHERRY PLAZA ASSOCIATES 349.92 34.02 315.90 10/17/2001 613.98 - 23.3024.1 CHRISTENSEN, DWAYNE 76.06 54.49 7.71 13.86 *** in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Dec 18,2001 03:49pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amou nt Msg 20.1606.3 CHRISWELL, LEE ANNA 210.06 55.71 57.84 96.51 11/16/2001 20.00 - 74.2676.1 CHURCHMAN, KAREN LEE 112.36 48.42 63.94 11/26/2001 70.00 ~ none 5.0780.1 CLARK SUZANNE 151.24 94.77 56.47 10/12/2001 65.94 - none 31.0790.3 CLARK, DONN 95.79 52.98 42.81 10/16/2001 177.27 - 2.6050.1 CLARK, DOUG AND JOYCE 100.31 61.86 38.45 11/20/2001 125.67 - none 40.0432.1 CLARKE. JOHN 128.69 44.18 84.51 07/17/2001 73.28 - none 5.0344.1 CLIFF, DWIGHT 126.75 70.56 56.19 11/20/2001 85.34 - none 50.2122.1 COLE, DANIEL & RENEE 1 05.98 46.96 45.40 13.62 11/07/2001 60.00 - none 74.3650.2 COLSON, CHRIS 67.05 26.68 40.37 10/24/2001 77.52 - 21.3299.1 COMMUNITY PROPERTY 495.97 168.48 327.49 10/15/2001 753.05 - none 16.3310.2 CONKIS, GREGORY & CAROL 106.71 63.62 43.09 10/11/2001 34. 18 - 19.0074.2 CONVERY, TIMOTHY J. 146.29 71.57 36.93 37.79 09/12/2001 84.35 - 74.3816.1 CORDELL, TODD 128.05 46.56 81 .49 07/18/2001 80.00 - none 2.1180.1 CORNISH, LAURA 160.02 53.36 36.68 34.99 34.99 08/24/2001 36.22 - none 4.1746.1 COSGROVE, AMY 114.61 68.26 46.35 11/29/2001 83.04 ~ none 31.3420.1 COUCH, JULIA 79.01 49.45 29.56 11/28/2001 44.00 - none 2.4770.1 COX, CHRISTI 217.90 119.26 55.80 42.84 11/26/2001 55.80 - none 33.3592.1 CRADER, PAMELA 254.67 30.07 224.60 07/18/2001 48.52 - none 33.2376.2 CRONER, CHAD 110.88 56.14 54.74 1 0/24/2001 136.79 - 14.5026.2 CRONER, PATSY 102.09 68.06 34.03 11/20/2001 33.52 - 34.1858.3 CROSBY, BRIAN & MICHELLE 89.87 44.65 44.32 .90 09/14/2001 208.08 - 74.2336.1 CROWELL, GARY 96.18 39.40 56.78 10/24/2001 120.02 - none 21.2922.2 CUTLER. JASON & KIMBERL Y 143.63 73.21 70.42 10/16/2001 163.47 - 50.3734.1 CZARNECKI, CHERYL 115.75 39.59 76.16 11/19/2001 143.11 - none 42.2388.2 DAL Y, BERT 1 56.65 41.90 37.88 76.87 11/21/2001 310.26 - 15.0532.2 DAMON, DAVID & BRENDA 95.64 61.16 34.48 32.0910.3 DARRELL HOUSTON 110.81 65.72 45.09 11/28/2001 150.00 - 42.1932.1 DART, MARION DEE 69.68 35.62 34.06 10/26/2001 58.36 - none 22.1420.1 DAVENPORT,DUANE 73.63 39.44 34.19 10/15/2001 97.16 - none 42.3078.1 DELAMERE, BRAD 118.62 46.68 67.26 4.68 10/09/2001 57.52 - none 1.0930.1 DENNEN, JEVON & HEATHER 1 01.77 67.17 34.60 11/19/2001 100.00 - none 52.0976.1 DEPT OF ADMIN 167.20 99.68 67.52 11/20/2001 79.01 - 32.1098.2 DERRICK, ARTHUR J & LAURA 97.97 39.31 58.66 11/26/2001 62.05 - 2.1610.1 DESILET, DENICE 139.94 83.60 54.02 2.32 12/03/2001 26.00 - none 33.2528.1 DILULO, THOMAS 79.43 43.14 36.29 11/26/2001 35.50 - none 74.3820.2 DIMAYA, FEDELlNO 65.64 32.82 32.82 10/02/2001 63.67 - 50.0204.1 DIPAOLO, JONATHAN 80.74 46.16 34.58 10/11/2001 100.00 - none 6.1012.2 DIXON, CRAIG 69.93 42.79 27.14 11/01/2001 25.91 - 3.0700.1 DOBARAN, JOHN & ARVELLA 360.87 255.90 104.97 11/21/2001 120.29 - none 4.1554.1 DOLL, THOMAS 152.1 6 103.98 48.18 11/28/2001 95.00 - none 2.1560.1 DOMKA, DAVID 89.88 53.36 36.52 11/16/2001 69.43 - none 4.1166.2 DONALDSON, NEAL 121.18 69.61 51.57 10/24/2001 68.92 - 3.0830.1 DONLON, KATHRYN 114.34 76.18 38.16 10/23/2001 118.29 - none 50.1232.1 DOTY, JOSHUA 112.62 59.29 42.97 10.36 12/03/2001 40.00 - none 74.3956.4 DRAKE, EUGENE 81.24 36.93 44.31 11/09/2001 36.56 - 74.3802.1 DUNN, MIKE 65.64 29.13 36.51 11/26/2001 32.45 - none 32.0856.1 DUPREE, DOUG 100.20 52.03 48.17 10/24/2001 105.26 - none 68.0102.2 DURHAM, KYLE 57.02 29.13 27.89 10/23/2001 30.00 - 21.1972.2 EAGY, MICHAEL 59.84 33.16 26.68 10/09/2001 53.99 - 42.2598.2 EASTBURN,GARY 106.45 58.31 48.14 11/20/2001 88.36 - 74.3784.1 EBBERS, MARIE 50.54 29.13 21.41 10/02/2001 80.00 - none 4.0800.3 EBERHARDT, DEVIN & AMY 96.14 63.32 32.82 10/24/2001 32.45 - 2.1690.3 EBLEN, EARL 29.14 29.14 48.1858.1 ECONO LUBE & TUNE INC. 184.58 92.29 92.29 11/26/2001 90.65 - none 34.1898.1 EDINGER, REX S. 79.68 38.08 41.60 1 0/24/2001 108.11 - none *** in Msg column indicates no Notice is to be sent CI1Y OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Dee 18,2001 03:49pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 74.3678.2 EDWARDS, DEARL W 117.13 29.13 50.19 37.81 12/18/2001 30.00 - 48.1601 .1 ELLIOTT GROUP LLC 604.26 42.12 119.88 442.26 34.0592.1 ELLIS, TODD & DANA 168.30 81.30 72.36 14.64 10/01/2001 100.00 - none 4.1650.3 ELSEY, DAVID & GINGER 120.24 85.76 34.48 21.1042.2 ERCOLlN, JULIE 366.43 65.52 116.81 184.10 07/12/2001 155.81 - 50.1238.1 ERHART, MIL T 330.89 58.62 43.37 71.36 157.54 09/21/2001 50.00 - none 50.1240.2 ERHART, MIL TON 106.20 54.63 42.00 9.57 11/15/2001 50.00 - 2.3464.1 ERICKSON, RICHARD 119.57 80.17 39.40 1 0/30/2001 41.56 - none 1.1330.2 ESTES, KAY LOUISE 83.51 61.16 22.35 08/03/2001 50.00 - 35.1218.2 EVANS, JAMES 63.53 35.62 27.91 1 0/22/2001 27.61 - 31.3604.1 EVERMAN, VERN 77.62 44.51 33.11 1 0/04/2001 77.92 - none 1.3660.1 FARRAND, SHELLlE 176.35 109.80 66.55 10/22/2001 192.71 - none 1.3670.1 FARRAND, SHELLlE 80.04 53.36 26.68 1 0/2212001 106.52 - none 2.2450.1 FARRELL, MICHAEL 134.89 91.66 43.23 1 0/22/2001 108.00 - none 33.3678.1 FAYLOR, MILFORD 208.83 49.71 39.54 41.70 77.88 12/03/2001 82.17 - none 19.0024.1 FICA, JAMES 143.60 71.79 54.96 16.85 11/21/2001 54.96 - none 34.1064.1 FIFE, KIPLEY & AMYL YN 72.12 40.68 31 .44 11/08/2001 39.12 - none 32.0568.1 FISHER, MELVIN 89.52 41.77 37.75 10.00 09/27/2001 94.05 - none 2.0740.1 FISK, PATRICK 216.69 151.71 64.98 11/21/2001 80.00 - none 48.2694.1 FOOD SERVICES OF AMERICA 2,195.26 1,412.61 782.65 11/27/2001 1,653.53 - none 46.0362.1 FORD, MARVIN 84.68 44.35 40.33 11/01/2001 36.20 - none 34.1288.1 FOURNIER, JAMES 106.19 53.26 52.93 11/14/2001 48.94 - none 15.0010.2 FOWLER, ROBERT & KERRI 137.71 84.79 52.92 11/01/2001 44.94 - 31.3434.1 FRANK,GARY 125.08 67.09 57.99 11/28/2001 57.84 - none 2.5840.1 FRANK, GARY 131.93 92.89 36.94 2.10 1 0/26/2001 30.00 - none 74.0350.1 FRANK, GARY E 106.03 51.17 54.86 10/16/2001 111.58 - none 21.0160.2 FRANZEN, JAKE 150.29 53.25 97.04 11/19/2001 106.00 - 2.3971.1 FRED FENDER M.D. 74.52 17.82 56.70 1 0/23/2001 68.04 - none 20.1466.1 FREEMAN, MARK S 123.86 73.35 50.51 11/07/2001 50.88 - none 50.3754.1 FRENCH, LAWRENCE 1 01 .43 53.00 47.75 .68 12/04/2001 59.00 - none 21.2828.1 FRIEND, RICHARD 67.20 38.07 29.13 10/29/2001 29.99 - none 34.2856.1 FROSTROM, ED & KATHY 151.80 61.06 79.18 11.56 11/20/2001 100.00 - none 33.4258.1 FROSTROM, STEVE & TERRI 136.89 77.77 58.83 .29 12/03/2001 50.00 - none 32.1542.1 FUHRMAN, JOSHUA 79.68 35.62 44.06 11/27/2001 50.42 - none 31.2250.1 GARCIA, ANOTONIO 1 71 .86 96.63 75.23 11/28/2001 113.15 - none 21.3048.2 GARLICK, LEWIS 280.04 141.03 139.01 11/21/2001 174.00 - 33.2302.1 GARRARD, DALE 61.07 33.16 27.91 11/21/2001 40.07 - none 21.0234.3 GARRETT, DAMON 164.57 105.07 59.50 12/03/2001 60.00 - 31.3534.1 GERHIG, CHARLES & PATTI 66.28 41.77 24.51 11/07/2001 30.00 - none 15.0278.1 GLENN JOHNSON HOMES 95.64 61.16 34.48 10/09/2001 12.96 - 35.0254.1 GLENN JOHNSON HOMES 75.44 40.96 34.48 10/09/2001 112.54 - 35.0256.1 GLENN JOHNSON HOMES 118.23 47.11 71.12 08/03/2001 69.24 - 35.0152.1 GLENN JOHNSON HOMES 26.38 26.38 10/09/2001 28.04 - 32.1528.1 GOINS, RICHARD 115.52 115.52 01/18/2001 55.26 - none 3.0344.1 GOODNER, TIM AND MARYAN 157.11 96.56 60.55 10/24/2001 112.00 - none 21.0138.3 GOODRICH, GREG 67.20 36.84 30.36 11/07/2001 34.91 - 21.2790.1 GORRINGE, BENNY 112.88 63.37 49.51 11/21/2001 59.14 - none 34.2846.1 GOWEY, MICHAEL 107.32 46.69 59.89 .74 11/01/2001 80.50 - none 50.3908.1 GRAHAM, JOHN & KATHLEEN 57.19 34.39 22.80 11/14/2001 40.00 - none 32.1610.3 GRANBY, RAMONA 63.23 34.39 26.68 2.16 11/15/2001 26.68 - 33.0101.1 GRAND AUTO 456.23 333.72 122.51 11/20/2001 213.84 - none 32.1368.1 GRATTON, THOMAS 90.75 40.82 36.80 13.13 10/18/2001 63.56 - none 31.0158.1 GRIFFIN, RICHARD & GAIL 105.52 58.46 47.06 12103/2001 45.53 - none 31.0764.1 GROGAN, JIMM 124.64 68.02 56.62 10/24/2001 66.16 - none 2.4290.1 GROSSO, SHADOW 80.04 53.36 26.68 11/09/2001 38.84 - none *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Dee 18,2001 03:49pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 20.1504.1 GROVE, BRIAN 68.06 35.61 30.36 2.09 11/09/2001 30.36 - none 69.0578.1 GROVES, DARRELL & NANCY 123.95 60.91 63.04 11/21/2001 72.51 - none 32. 1168.1 GULBIS, ANTHONY 105.80 56.14 49.66 11/21/2001 61.66 - none 34.1286.1 HALCOMB, PHIL & DEBORAH 92.38 44.51 47.87 10/11/2001 182.47 - none 22.1056.2 HALE, DEWAINE 138.15 55.71 82.44 11/27/2001 107.90 - 22.0924.1 HALL, KEVIN 103.04 48.61 54.43 10/26/2001 172.03 - none 19.6596.1 HAM, RUSSELL M. 125.27 81.10 44.17 1 0/22/2001 59.79 - none 40.0234.1 HAMMOND, DONALD 73.28 39.44 33.84 12/03/2001 33.00 - none 31.3394.2 HANHARDT, ANDREW & CAMIL 84.03 43.41 40.62 11/21/2001 51.32 - 42.2356.1 HARP, GREGORY 138.20 74.72 63.48 11/19/2001 102.31 - none 2.5900.1 HARVEY, LISA M. 138.19 97.81 40.38 11/26/2001 55.00 - none 21.1026.2 HATCH, DAVID 170.03 53.12 116.91 10/25/2001 292.10 - 21.2256.1 HATCHER, RICHARD 70.89 41.76 29.13 11/02/2001 61.21 - none 4.1212.1 HAYLETT, MIKE 87.39 58.26 29.13 11/15/2001 27.52 - none 31.3288.1 HAZEL WORTH, MARY 59.84 33.16 26.68 10/19/2001 26.38 - none 34.1542.1 HENRY, BRAD 81 .40 41.91 39.49 12/18/2001 40.00 - none 2.6830.1 HENSEN, JAMES & RENA 305.05 79.89 57.98 98.20 68.98 08/21/2001 223.16 - none 50.4028.2 HERNANDEZ,ANTHONY 91.13 45.73 45.40 11/02/2001 37.65 - 22.1522.1 HESS, JACK 65.99 35.62 30.37 10/19/2001 93.31 - none 69.0420.1 HESS, JOE 95.77 44.36 51.41 09/12/2001 35.05 - none 3.0036.2 HESTER, CHRISTINE 107.07 63.18 43.89 11/20/2001 52.13 - 3.0094.2 HESTER, CHRISTINE A 199.02 140.20 58.82 11/20/2001 63.37 - 51.0928.2 HICKEY, F. A. 82.82 45.88 36.94 1 0/24/2001 62.4 7 - 31.3454.2 HICKMAN, JOHN & JENNIFER 1 04.4 7 61.06 43.41 11/21/2001 130.00 - 32.0566.3 HICKS, JAMES & NANCY 122.18 60.64 61.54 50.3710.1 HODOR, LARRY 107.42 52.03 55.39 11/14/2001 84.77 - none 21.2050.1 HOELZEL, CAROL 79.52 47.92 31.60 1 0/23/2001 38.68 - none 1.0920.1 HOFFMAN, JON C 186.40 63.62 45.55 77.23 09/25/2001 133.13 - none 4.1792.2 HOHENSHEL T, JOAN 158.48 84.65 73.83 11/21/2001 149.81 - 5.0722.1 HOLLEY, DAVID 164.27 98.90 65.37 10/17/2001 160.89 - none 20.1316.1 HOME BUILDERS 88.40 40.96 34.48 6.48 6.48 22.2368.1 HOME BUILDERS 95.62 6.48 36.38 52.76 07/23/2001 26.38 - 3.0362.1 HONO, GREG & NANCY 204.24 171.25 32.99 11/28/2001 100.00 - none 32.0530.3 HOOVER, L YND 202.09 106.91 95.18 10/08/2001 228.52 - 51.0534.1 HORTON,MARGARETTE 100.08 56.52 43.56 10/10/2001 43.26 - none 51.0314.1 HORTON, RICK 77.96 33.16 26.68 18.12 07/05/2001 50.00 - none 51.0470.1 HORTON, ROBERT 160.27 91.67 68.60 10/12/2001 100.00 - none 19.6554.2 HSU, TOMAS & GUADALUPE 95.36 66.08 29.28 1 0/26/2001 41.44 - 69.0562.1 HUFF, HARLAN & SAUNDRA 83.21 33.16 50.05 1 0/29/2001 60.82 - none 3.0814.1 HUNEMILLER, KIM 102.15 66.87 35.28 10/09/2001 60.18 - none 15.0124.1 HUNT CONSTRUCTION 95.64 61.16 34.48 11/09/2001 40.66 - 69.0747.1 HUNTS BLUFF HOMEOWNERS 64.80 12.96 51.84 11/08/2001 199.26 - none 69.0749.1 HUNTS BLUFF HOMEOWNERS 173.34 32.40 140.94 11/08/2001 529.74 - none 34.1946.3 HUTCHINSON, DAVE 186.01 72.41 100.37 13.23 11/26/2001 100.37 - 48.2839.1 IDA-TRAN 153.90 153.90 11/27/2001 466.84 - none 48.2840.1 IDA-TRAN 2,400.78 865.53 531 .35 725.50 278.40 1 0/29/2001 725.50 - none 33.2754.1 INGOE, BRADLEY 86.51 47.11 39.40 10/19/2001 80.66 - none 3.4001.1 INTERSTATE BATTERY 355.06 29.16 121.78 204.12 05/30/2001 455.89 - 6.1932.1 IVERSON CONSTRUCTION 66.24 41.56 24.68 11/26/2001 12.96 - 2.5820.1 JACKSON, ROBERT 103.10 55.96 36.66 1 0.48 11/26/2001 30.00 - none 6. 1966.1 JACOBS, PHILLIP & SUSAN 89.75 67.95 21.80 11/09/2001 26.72 - 68.0046.1 JACOBSEN, JASON & LIANNA 68.26 29.13 39.13 1 0/24/2001 70.68 - none 50.4506.1 JACOBSON, BETTY 8. 133.19 33.16 30.37 38.68 30.98 1 0/22/2001 39.00 - none 19.1630.2 JENKINS, LEROY 80.04 53.36 26.68 10/15/2001 60.14 - 51.0302.6 JEPSON, JAMIE & MICHAEL 75.44 40.96 34.48 .......- in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Dec 18,2001 03:50pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 21.2830.1 JESSEE, KEVIN 60.93 35.62 25.31 11/19/2001 40.00 - none 32.0616.2 JOHNSON, CONNIE JO 189.74 116.91 72.83 11/29/2001 130.00 - 34.0390.2 JOHNSON,PETER 194.39 68.15 59.21 66.22 .81 1 0/25/2001 70.00 - 19.0098.1 JOHNSON, SAMUEL 131 .03 87.67 43.36 1 0/23/2001 45.45 - none 32.0906.1 JOHNSTON, THOMAS E 157.09 48.36 41.88 31.58 35.27 08/09/2001 61.10 - none 51.4290.1 JONES, BRET 236.86 124.13 112.73 11/26/2001 107.26 - none 74.2608.1 JONES, MELANIE 113.50 41.99 71.51 11/01/2001 78.52 - none 22.1418.1 JONES, MICHELLE 179.49 140.56 38.93 11/09/2001 67.31 - none 2.0412.1 JONES, RICHARD 207.77 103.98 48.29 55.50 09/12/2001 70.00 - none 4.1766.3 JONES, STEPHEN & CONNIE 134.85 69.77 56.62 8.46 11/19/2001 70.00 - 20.1988.1 JONES, SYLVIA 229.42 206.22 23.20 12/18/2001 159.15 - none 32.0522.2 JUHASZ, DON C. 172.97 86.64 69.09 17.24 10/26/2001 140.00 - 20.1260.2 KAWANO, EDITH 90.34 43.41 46.93 10/24/2001 74.35 - 2.5080.2 KEENEY, DOLAN 141 .45 92.45 49.00 11/05/2001 70.00 - 74.2422.1 KELLEY, KENT 84.09 29.13 54.96 11/27/2001 127.16 - none 34.1838.1 KELL Y, MICHAEL P 93.33 50.52 42.81 10/15/2001 79.41 - none 21.2602.2 KEMNITZ. HEINO 120.93 49.56 71.37 11/14/2001 121.43 - 20.1942.1 KEMPER, JASON 91.41 47.10 44.31 1 0/29/2001 139.54 - none 19.7164.4 KESSLER, SHELlA 191.22 61.16 44.48 34.18 51 .40 35.2340.1 KEVIN & LAURA WILLET 68.96 40.96 28.00 10/17/2001 12.96 - 74.0106.2 KIEBERT, JEFFREY 92.49 44.48 48.01 11/28/2001 59.72 - 21.3298.3 KIESECKER, DARRIN 168.90 70.47 98.43 10/17/2001 120.20 - 2.0426.2 KILMARTIN, E. JAMES & CARO 138.66 77.13 61.53 11/07/2001 74.69 - 21.1788.1 KINGMIXAY, SENGKEO 182.10 96.75 85.35 10/11/2001 194.56 - none 33.4348.1 KINGSTON, CHARLES 113.15 48.34 64.81 11/09/2001 85.00 - none 21.2090.1 KINGSTON, CHRISTIE 85.93 49.28 36.65 10/23/2001 178.34 - none 5.0342.1 KIRBY, GREGORY & KAREN 98.69 78.66 20.03 11/27/2001 40.00 - none 51.0466.1 KLINE, BEVERL Y 108.16 33.16 75.00 11/20/2001 30.00 - none 46.0530.1 KNAPP, KEVIN 61.07 33.16 27.91 10/11/2001 24.52 - none 21.0462.2 KORBER, GERALD 151.37 94.43 56.94 11/28/2001 51 .00 - 19.6642.1 KRENZ, ROY 102.71 70.98 31.73 11/19/2001 35.04 - none 31.0628.1 KYSAR, ANITA 106.26 63.54 42.72 11/28/2001 80.00 - none 69.0532.1 LAFEVER FAMIL Y TRUST 298.78 40.96 57.85 84.61 115.36 09/25/2001 272.54 - none 22.1842.2 LANDOW, BRUCE 86.51 45.88 40.63 10/22/2001 79.43 - 34.1654.1 LANE, MICHAEL 80.75 40.54 40.21 10/15/2001 78.04 - none 22.2066.2 LANORE. TAMARA 124.87 53.42 35.71 35.74 32.1687.1 LANSBURY LANE HOMEOWNE 89.10 19.44 69.66 10/17/2001 142.56 - none 1.0890.1 LANTZ,STAN 92.76 61.02 31.74 11/08/2001 48.82 - none 51.0726.2 LAPUZZA, WILLIAM & DARLEN 75.99 35.62 40.37 10/24/2001 61.37 - 20.0208.2 LARGEVIN, MICHAEL & DARCIE 94.85 48.33 46.52 1 0/25/2001 70.00 - 32.1178.3 LARISON, ROBERT 100.99 46.97 54.02 11/27/2001 77.09 - 33.2268.1 LARSEN,MARY 64.85 40.82 24.03 08/10/2001 85.00 - none 42.2736.1 LENAGHEN, CHRIS 62.71 35.61 27.10 11/19/2001 40.00 - none 50.2428.1 LEONARD, DAMON 121 .49 57.22 64.27 1 0/24/2001 52.83 - none 31.3354.1 LEONARDSON, ELIZABETH 112.21 48.08 30.37 33.76 09/26/2001 68.79 - none 2.4570.2 LEONG, ROBERT & KATHRYN 119.75 77.57 41.86 .32 11/19/2001 56.00 - 31.3382.1 LEVITT, MONTE 89.62 45.59 44.03 11/28/2001 22.56 - none 34.1754.1 LIEBERMAN, DAVID 112.69 44.37 68.32 10/16/2001 306.20 - none 13.4010.2 LLOYD, CURTIS 177.80 116.80 61.00 1 0/29/2001 60.63 - 33.4156.2 LOCATI, DAVID 122.46 71.85 50.61 11/01/2001 47.85 - 32.0602.1 LOLLEY, JUDITH 97.19 41.77 55.42 11/05/2001 160.00 - none 34.1828.1 LONGHURST, JOHN 72.87 50.66 22.21 11/27/2001 100.00 - none 19.1070.2 LOVAN, VENITA 139.82 71.16 34.48 34.18 21.3134.1 LOVE, JAMES & ELIZABETH 159.52 75.70 83.82 11/28/2001 111.97 - none 21.2636.1 LUCERO, ROBERT & TRACY 116.68 49.28 67.40 10/15/2001 160.05 - none *** in Msg column indicates no Notice is to be sent r ( CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Dee 18,2001 03:50pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 2.5510.2 LUNA, JAMES & LORI 183.87 121 .90 61.97 10/24/2001 68.75 - 74.3072.1 LYTLE, CHAD & STACEY 80.01 38.16 41.85 10/22/2001 80.50 - none 22.0790.1 MACK,ROBERT 137.61 61.59 76.02 11/26/2001 91.71 - none 43.0074.1 MAN FULL, STEPHANIE 82.82 47.11 35.71 1 0/26/2001 39.10- 34.2808.1 MANN, KEVIN & VIVIAN 95.71 62.29 33.42 11/26/2001 50.00 - none 74.2642.1 MANWARING, MARK 1 06.40 45.82 60.58 10/24/2001 172.08 - none 33.1850.1 MARSHALL, GARY & BaBETTE 80.56 48.33 32.23 11/21/2001 40.00 - none 42.1950.1 MARTIN, DANIEL K. 131 .44 70.19 61.25 11/26/2001 81.79 - none 74.3592.3 MARTIN, PATRICA 144.48 26.68 109.09 8.71 10/22/2001 44.05 - 33.4164.1 MARTIN, PAUL 72.14 41.77 30.37 11/27/2001 40.07 - none 50.2300.2 MARTINEZ, DANA & PRESTON 82.82 42.19 40.63 10/18/2001 75.74 - 3.0328.1 MARTINEZ, ZENON & AMELIA 98.22 69.75 28.4 7 11/16/2001 52.00 - none 51.4040.1 MATLOCK, JAMES 58.24 32.36 25.88 10/17/2001 25.38 - none 3.0128,1 MATTHEWS, BRETT & KIMBER 131.11 75.92 41 .43 13.76 12/10/2001 15.00 - none 22.1068.2 MAUPIN, SHELL Y D 106.33 53.41 52.92 11/29/2001 104.37 - 33.2266.1 MCBRIDE, KEVIN 123.36 101.54 21.82 11/19/2001 75.00 - none 2.2440.2 MCCLANNAHAN, SHAWN R 121.85 76.34 45.51 11/14/2001 60.05 - 2.2586.1 MCCURRY, ARTHUR 109.59 64.04 45.55 10/17/2001 62.20 - none 21.0062.1 MCKAY, CINDY 89.64 43.14 46.50 11/21/2001 56.84 - none 74.1024.4 MCKINLEY, JUNE 94.95 40.63 54.32 10/24/2001 79.43 - 46.0558.2 MCKNIGHT, DANIEL 112.89 35.62 77.27 10/24/2001 99.66 - 50.2126.1 MCMAHAN, BRIAN 87.62 42.05 45.57 10/24/2001 65.35 - none 20.1698.1 MEACHAM, MICHAEL L. 111.96 52.98 58.98 11/28/2001 60.00 - none 50.3726.1 MEATTE, NICKlE 84.88 35.76 49.12 10/24/2001 108.55 - none 16.3620.1 MEDALLION HOMES 91.27 53.36 37.91 11/08/2001 52.76 - 16.3504.1 MEDALLION HOMES 95.64 61.16 . 34.48 11/08/2001 40.66 - 1.2730.1 MELLEN, ANGELA 170.98 114.22 56.76 11/21/2001 66.83 - none 21.2754.1 MEL TON, GARY 136.22 10,00 49.23 76.99 1 0/09/2001 66.08 - none 21.1132.1 MEL TON, GARY 112.04 58.03 54.01 11/16/2001 56.10 - none 4.1340.2 MENDEZ, BENJAMIN 110.12 72.23 37.89 10/12/2001 62.88 - 33.2538.1 MENDOZA, GEORGE & ELlZAB 96.90 50.38 46.52 10/24/2001 87.36 - none 2.0010.1 MERIDIAN SCHOOL DISTRICT 729.38 551.88 177.50 11/13/2001 404.62 - none 52.1100.1 MERIDIAN SPEEDWAY 152.77 101.10 51.67 11/08/2001 101.10 - none 52.1090.1 MERIDIAN SPEEDWAY 4,088.95 296.29 1,221.95 2,570.71 11/08/2001 296.29 - none 51.3780.1 MERRITT, JUDY 77.29 33.16 30.37 13.76 11/19/2001 20.00 - none 50.0554.2 METZGER, MICHELLE 93.25 49.44 43.81 11/28/2001 50.00 - 2.2030.1 MEYER, VIRGINIA 77.64 51.76 25.88 11/26/2001 23.74 - none 31.0886.4 MEYERS, DEBORAH 84.03 43.41 40.62 1 0/11 /2001 63.78 - 42.4034.1 MEYERS, SCOTT 97.58 53.26 44.32 10/18/2001 44.02 - none 74.1032.1 MICHAELSON, BRADL Y C. 72.37 34.34 38.03 11/16/2001 34.04 - none 52.0351.1 MICRORAMA LLC 103.68 103.68 12/06/2001 59.94 - 42.2084.1 MIDDLETON, J.R. 172.80 73.49 99.31 11/20/2001 82.68 - none 74.3696.1 MILLER, GREGORY & ERICA 70.09 26.68 43.41 1 0/25/2001 56.00 - 50.0032.2 MILLER, MICHAEL 61.07 33.16 27.91 10/17/2001 66.29 - 46.0406.1 MILLS, TIMOTHY 78.85 42.05 36.80 11/16/2001 38.96 - none 20.1652.2 MOLEBASH, JOHN & MONICA 95.50 59.55 35.95 12/17/2001 50.00 - 74.2938.4 MONTE HESS 80.20 39.40 40.80 11/26/2001 50.00 - 34.1540.1 MONTEFERRANTE, MICHELLE 69.68 36.85 32.83 10/15/2001 60.14 - none 3.0874.1 MONTGOMERY, PAT 107.93 68.38 39.55 11/16/2001 55.00 - none 74.3300.1 MOORE, DONALD L. 59.49 30.36 29.13 11/26/2001 28.76 - none 32.0816.1 MOORE, RICK T. 116.96 40.81 76.15 11/13/2001 90.54 - none 32.0806.2 MORGAN, CHARLES 161.99 87.70 67.69 6.60 11/14/2001 100.00 - 2.1290.3 MORGAN, DANIEL 69.90 69.90 50.0746.3 MORRISON, MICHAEL 73.17 49.57 23.60 12/13/2001 40.00 - 32.0400.2 MORTENSEN, JERRY 79.94 35.62 44.32 11/07/2001 66.16 - 'ioU in Msg column indicates no Notice is to be sent { CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Dec 18,2001 03:50pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 34.0500.1 MOURITSEN, LAYNE 119.72 53.26 66.46 10/25/2001 118.64 - none 72.0118.1 MULLANIX, MATT 194.4 7 43.41 151 .06 08/10/2001 105.45 - none 34.1686.1 MURPHY, JACK 93.38 39.45 30.51 23.42 11/21/2001 50.00 - none 51.0482.1 MURRAY, SONDRA MURRAY 93.33 49.29 44.04 11/16/2001 89.25 - none 20.1265.1 NAMPA MERIDIAN IRRIGATION 10,319.40 2,316.60 8,002.80 10/23/2001 32.40 - none 21.1513.1 NAMPA MERIDIAN IRRIGATION 72.48 34.02 38.46 08/21/2000 10.00 - none 13.7999.1 NAMPA MERIDIAN IRRIGATION 777.60 145.80 631.80 10/23/2001 348.30 - 43.2459.1 NAMPA MERIDIAN IRRIGATION 10,311.30 10,311.30 52.0841.1 NAMPA MERIDIAN IRRIGATION 311 .04 56.70 254.34 1 0/23/2001 259.20 - 35.1407.1 NAMPA MERIDIAN IRRIGATION 147.42 147.42 35.1405.1 NAMPA MERIDIAN IRRIGATION 6,599.88 2,055.78 4,544.10 32.4801.2 NAMPA MERIDIAN IRRIGATION 3,582.75 1,010.49 2,572.26 1 0/23/2001 6.48- 65.0591.1 NAMPA MERIDIAN IRRIGATION 10,351.80 2,988.90 7,362.90 35.1409.1 NAMPA MERIDIAN IRRIGATION 6,859.08 2,130.30 4,728.78 65.0450.1 NELSON, MARIL YN 67.50 35.76 31.74 11/19/2001 40.21 - none 1.0110.2 NESBIT, RICHARD & BARBARA 1 20.80 82.63 38.17 10/26/2001 40.33 - 32.1660.1 NEWBOL T, THERON 86.22 33.16 26.68 26.38 09/12/2001 28.84 - none 1.3200.1 NEWKIRK, MARYANN 92.50 53.36 39.14 1 0/25/2001 69.98 - none 19.7344.2 NIELSEN, ROBERT 103.73 74.69 29.04 11/28/2001 70.00 - 22.1290.1 NIGH, MICHAEL 139.75 71.84 67.91 11/14/2001 50.00 - none 50.1460.1 NORTHVIEW BUSINESS CENT 839.63 483.95 355.68 10/24/2001 1,265.50 - none 4.1598.1 OGAN, JOHN & DAWN 111 .04 60.86 50.18 11/21/2001 65.40 - none 20.1396.1 OGLESBEE. DAVID & MARITA 103.73 54.49 49.24 11/14/2001 78.62 - none 74.3150.2 OLSON, RICHARD & CINDIE 124.51 58.55 65.93 .03 11/19/2001 55.76 - 32.4902.1 O'NEILL HOME 153.80 50.96 34.48 34.18 34.18 11/08/2001 34.18 - 32.4900.1 O'NEILL HOMES 153.80 50.96 34.48 34.18 34.18 11/08/2001 34.18 - 13.2094.2 OVERY,ROBBY 231.70 76.06 51.56 34.04 70.04 11/26/2001 71.56 - 33.2320.2 OZUNA, MARIO 170.37 60.39 58.83 51.15 12/14/2001 54.00 - 22.0454.1 P. JANSSON, JANIE 133.00 77.20 55.80 11/28/2001 70.35 - none 65.3148.1 PAFFUMI, ANGIE 126.26 46.96 39.25 40.05 09/06/2001 72.00 - none 50.4614.2 PAISANO ITALLlAN RESTURAN 530.18 309.63 220.55 10/24/2001 584.30 - 69.0284.1 PALMER, JOE 134.35 72.26 62.09 10/17/2001 122.21 - none 31.3280.1 PALMER, PAT 128.25 98.13 30.12 12/12/2001 120.00 - none 74.2750.2 PASLEY, KURT & SERENA 89.56 44.45 45.11 11/16/2001 100.00 - 32.1700.1 PASTIAN, BRYON 153.53 57.76 95.77 12/03/2001 100.00 - none 33.2630.1 PATRICK, RYAN 82.52 43.27 39.25 11/20/2001 37.51 - none 2.2490.2 PATTERSON, DEENA L 36.38 36.38 05/17/2001 52.76 - 4.0522.1 PEACOCK, ROBERT 88.15 58.26 29.13 .76 10/17/2001 38.00 - none 51.0746.3 PERKINS, CHARLES 92.37 33.16 26.68 32.53 09/06/2001 33.76 - 1.1200.2 PERSIMMON RENTALS 152.92 91.38 61.54 11/20/2001 71 .77 - 21.3160.1 PETERSEN, DOUGLAS & JENNI 147.87 56.80 91.07 1 0/24/2001 178.40 - none 35.0101.2 PETRAIN, JAMES 105.24 58.32 46.92 10/10/2001 56.46 - 13.5000.2 PETROVIAK, JENNIFER 110.10 75.92 34.18 11/26/2001 49.24 - 15.0024.2 PETTIER, SEAN 129.61 39.53 39.16 50.92 05/01/2001 40.25 - 2.3732.3 PHAM, KIMAN 95.36 59.79 35.57 11/06/2001 55.11 - 32.1636.1 PHILLIPS, ERNEST 70.24 38.36 31.88 11/01/2001 64.39 - none 34.1560.1 PHILP, HAROLD 226.45 92.48 133.97 1 0/08/2001 207.07 - none 31.3264.1 PICCIOTTI, NICHOLAS 98.02 50.94 47.08 10/24/2001 79.71 - none 22.1526.1 PIERCE, TANYA 74.38 39.30 35.08 11/21/2001 48.44 - none 42.1160.1 PIETRZAK, JOHN 86.49 49.56 36.93 11/06/2001 50.25 - none 34.2832.1 PINE STREET DEVELOPMENT 85.67 38.08 47.59 11/15/2001 55.75 - none 1.0316.1 PIPCO LLC 313.84 62.89 62.89 62.52 125.54 08/01/2001 106.04 - 74.3510.2 PIPER, MICHELLE 68.10 29.13 38.97 10/15/2001 33.68 - 32.1590.1 PISCHEL, DEBORAH 97.88 65.86 32.02 11/29/2001 50.00 - none 32.0900.1 PITMAN, DOUGLAS 123.37 58.76 6.48 58.13 10/12/2001 120.86 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Dec 18,2001 03:51 pm Current Period: 12131/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last P mt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 19.6644.1 PLACE, WILLIAM 97.39 68.26 29.13 11/28/2001 68.75 - none 6.1026.1 PLATINUM VENTURE 98.59 63.17 27.14 8.28 11/19/2001 27.14 - 2.3340.1 POE, RICHARD 146.50 78.80 67.55 .15 11/05/2001 105.00 - none 32.1676.3 PONATH, HOLLY 176.28 87.69 88.59 10/16/2001 106.67 - 21.1942.1 POOL, JAMES H. 125.12 41.76 83.36 09/21/2001 52.13 - none 34.0520.4 POORE, JOHN 91.43 56.95 34.48 11/07/2001 97.27 - 21.3062.1 POWELL, GREG & CATHERINE 150.99 68.28 82.71 10/15/2001 222.35 - none 50.2402.1 POWELL, RANDY 118.38 64.75 53.63 11/20/2001 54.00 - none 13.4018.2 PREUIT, MARYE 141.84 89.99 51.85 1 0/24/2001 103.67 - 31.0798.1 PRICE, JOHN W. 83.45 39.59 41.88 1.98 1 0/24/2001 103.00 - none 31.0060.2 PRINCE, JACOB 97.01 22.76 74.25 10/24/2001 166.65 - 42.1230.1 PURCELL, KATHY 68.73 36.99 31.74 10/29/2001 30.21 - none 34.1172.1 QUARNBERG,CARL&DOROT 125.92 68.44 57.48 11/21/2001 75.00 - none 13.4038.1 RADY CONSTRUCTION 108.60 61.16 34.48 6.48 6.48 19.0220.1 RADY, CARl 106.87 61.16 45.71 1 0/26/2001 69.59 - none 52.1006.1 RAFANELLI & NAHAS 175.22 93.78 81 .44 11/27/2001 84.27 - none 52.1002.1 RAFANELLI & NAHAS 1,093.98 484.97 365.25 243.76 11/27/2001 365.25 - none 7.2000.2 RALPHS,PAUL 202.45 94.91 107.54 1 0/24/2001 285.00 - 2.5670.1 RANSOM, JAMES R. 126.51 89.20 37.31 12107/2001 50.00 - none 50.2390.2 REED, lORETTA 161 .04 86.22 74.82 11/21/2001 111 .58 - 21.2918.1 REYES, DAVID & KAREN 123.55 54.48 69.07 10/24/2001 138.93 - none 42.2620.1 REYNOLDS, PATRICK T 75.85 38.07 32.82 4.96 11/26/2001 40.00 - none 68.0082.1 RICHARDS, DANIEL 58.26 29.13 29.13 10/19/2001 34.91 - none 51.3154.5 RICKORDS, SHANNON 92.64 44.64 48.00 34.1694.2 RIDGEWAY, STEPHAN 103.73 52.03 51.70 12103/2001 89.53 - 34.1606.2 RIGENHAGEN. FRANKLIN 115.40 49.57 65.83 11/27/2001 100.00 - 4.1930.1 RIGGS, MIKE 186.55 1 05.19 81.36 11/09/2001 100.00 - none 21.0584.2 RIVERA, RICHARD & DENISE 128.77 45.86 82.91 1 0/25/2001 230.1 6 - 32.4212.1 RIVERSTON BUILDING CO 99.4 7 52.03 34.48 6.48 6.48 31.2324.1 ROBERSON, LEE & TAUNI 93.47 41.90 51.57 1 0/24/2001 139.72 - none 21.3080.1 ROBERTS, JAY 355.58 124.18 231 .40 12118/2001 117.70 - none 50.4534.1 ROCKE, SEAN 62.30 34.39 27.91 11/01/2001 49.75 - none 74.3156.3 ROE, ASHLE 73.87 38.16 35.71 11/16/2001 35.80 - 14.4450.2 ROGERS, JACK & DENISE 115.57 76.18 39.39 11/15/2001 46.40 - 35.2420.1 ROSIN, JUSTIN 112.67 48.34 52.93 11 .40 09/20/2001 10.17 - 1.4430.1 ROWLEY, HELEN 96.39 64.26 32.13 11/07/2001 35.51 - none 47.0060.2 RUBOSKY,ROSANN 64.74 35.61 29.13 10/16/2001 67.52 - 22.2146.2 RUEPPEL, RONALD 95.10 50.79 44.31 10/18/2001 42.71 - 1.3680.1 RUNDLE, DAVID 80.04 53.36 26.68 10/16/2001 26.38 - none 69.1076.1 RUPERT, DAVID & LAURIE 69.97 48.28 21.69 11/14/2001 90.00 - none 4.2110.2 RUSSELL, ROGER 81.99 81.99 08/07/2001 45.1 5 - 2.3180.1 RYAN, WALTER 112.93 62.11 50.82 11/19/2001 105.00 - none 20.1282.3 SAHAGUN, GUILLERMO OR VE 83.30 48.33 34.97 10/17/2001 80.00 - 69.0776.1 SANDMEYER, ERIC & DAWN 122.94 34.33 88.61 1 0/26/2001 181.08 - none 33.2324.2 SAUNDERS, KELLEY 62.30 35.62 26.68 11/21/2001 39.91 - 34.1078.2 SAVELBERG, DOYLE 93.20 44.79 48.41 10/24/2001 95.00 - 22.1386.1 SCHAEFFER, MICHAEL 102.48 52.02 50.46 11/01/2001 76.91 - none 32.1642.1 SCHMIT, JAMES 75.16 43.28 31.88 10/17/2001 68.08 - none 34.1764.2 SCHOMBURG, PATRICK 69.84 33.16 36.68 1 0/25/2001 1 20.4 1 - 50.2100.2 SCHORMAN. REGGIE & KORN, 86.51 42.19 44.32 1 0/04/2001 34.18 - 40.0280.2 SCHUSTER, FORREST & DEBBI 144.25 71.97 72.28 10/10/2001 80.00 - 3.0042.1 SCHWEND, LUVMINDA 136.91 82.63 54.28 11/14/2001 40.00 - none 65.3108.1 SCOTT, DANNY 101.23 50.78 50.45 11/15/2001 42.63 - none 69.2262.1 SEDILLO, JOE 395.31 274.24 121.07 11/01/2001 50.00 - none 35.2392.2 SEMMER, CHAD & MARY 79.13 44.65 34.48 10/11/2001 35.41 - H* in Msg column indicates no Notice is to be sent t. CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Dec 18,2001 03:51 pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 34.2784.1 SEVER, JASON W 87.62 44.51 43.11 10/24/2001 74.23. none 2.6440.1 SHADDICK, FREDRICK J 155.94 104.24 51.70 10/29/2001 68.78 - none 74.0322.2 SHELDON, PAM 53.48 29.28 24.20 12/11/2001 20.00 - 42.2526.1 SHEL TROWN, ROGER 1 01 .25 50.79 50.46 11/20/2001 66.16 - none 2.2180.1 SHEPARD, DUWAIN 145.83 97.93 47.90 11/21/2001 64.00 - none 2.2500.1 SILVA, JOSEPH 287.19 198.62 88.57 11/19/2001 120.00 - none 1.2250.2 SIMON, BRADY 172.35 123.11 49.24 1 0/30/2001 34.18 - 3.0878.1 SIMPSON, WILLIAM BEN 92.31 58.26 34.05 10/16/2001 28.76 - none 21.2836.2 SINGLETON, RODNEY 100.87 64.19 36.68 11/28/2001 52.00 - 42.2390.1 SKAGGS, JOY &NUSS, SHAUN 71.4 7 38.36 33.11 10/16/2001 51.26 - none 31.0134.1 SMITH, BRADLEY 94.45 49.85 44.60 11/21/2001 54.25 - none 2.1980.1 SMITH, DAVID L 96.31 64.71 31.60 10/15/2001 7.38 - none 4.0532.1 SMITH, JOHN 1 06.26 68.38 37.88 10/25/2001 39.97 - none 74.3176.2 SMITH, LANCE & TAMARA 391.84 49.53 39.53 45.31 257.47 07/18/2001 66.94 - 2.1700.2 SMITH, LEON & JANICE 152.40 104.24 48.16 11/14/2001 53.00 - 50.0012.1 SMITH, PAUL H. 72.51 35.76 36.66 .09 11/21/2001 48.00 - none 74.0324.2 SMITH, TONY 77.57 38.17 39.40 11 /20/2001 42.79 - 51.3090.3 SOLTAU, CYRIL 66.73 30.99 35.74 1 0/29/2001 63.90 - 22.2342.2 SPANHAUER, TODD & LISA 82.14 40.54 41.60 10/24/2001 79.98 - 33.3752.1 SPATH, SIDNEY 1 21 .49 63.37 58.12 11/14/2001 74.97 - none 2.3430.1 SPEARS, BRYCE J. 140.88 1 01 .50 39.38 11/28/2001 70.00 - none 1.1462.1 SPECIAL TY PROPERTI ES 149.49 98.02 51.47 10/18/2001 178.30 - 69.1190.1 SPENCER, DARRELL 130.58 39.38 91.20 10/25/2001 284.84 - none 20.2999.1 SPRINKLER - BRENDA ESTATE 143.12 143.12 74.2428.4 SPRONG, RICHARD 92.80 44.48 48.32 11/28/2001 72.00 - 56.0004.1 ST. LUKES REGIONAL MEDICA 5,594.31 5,300.73 293.58 12/18/2001 5,219.22 - none 34.3316.1 STADLER, STEPHEN & HEATH 108.39 40.54 67.85 11/26/2001 75.00 - none 74.1118.1 STAHL, VIRGINIA 52.99 25.88 27.11 11/02/2001 29.07 - none 3.0844.1 STAMMERJOHN, JIMMY 83.50 62.09 21.41 11/26/2001 35.00 - none 2.1160.1 STATES, DION 90.04 53.36 36.68 10/24/2001 95.81 - none 14.2998.1 STEINER DEVELOPMENT 179.28 63.62 115.66 10/05/2001 34.18 - 19.0274.2 STEINER, LOUIS 288.54 80.01 208.53 10/24/2001 200.00 - 22.1048.1 STEINER, THURSTON 151.57 71.03 80.54 10/26/2001 210.93 - none 2.5400.3 STEVENSON, SHAUN & JANET 110.54 68.68 41.86 11/21/2001 63.70 - 51.0832.1 STEWART LANEY BENOIT 164.59 44.16 69.79 50.64 46.0100.2 STEWART, LARRY & RONDA 87.74 48.34 39.40 11/19/2001 35.41 - 31.3590.1 STEWART, SHARON J. 153.34 37.28 116.06 12/18/2001 150.00 - none 21.1130.2 SULLlVAN,KATHY 120.28 66.78 53.50 12/17/2001 100.00 - 1.2320.1 SUMMERS, JOSHUA 134.02 93.68 40.34 10/18/2001 53.50 - none 1 .2911 . 1 SUNBRIDGE 1,385.16 673.92 711.24 12/18/2001 173.34 - none 50.0234.2 SUNSET PROPERTIES, L.L.C. 75.44 40.96 34.48 31.0668.2 SWANSON, JOSEPH 209.41 6.48 41.58 161.35 08/10/2001 65.00 - 51 . 1129. 1 SWCR CORP 767.81 168.67 69.66 132.84 396.64 04/20/2001 364.88 - 31 .1006.1 SWEAT, STEVEN M. 108.23 52.97 55.26 10/24/2001 124.22 - none 69.1278.1 T C MILLER 108.46 39.39 69.07 10/24/2001 144.62 - none 21.1738.1 TATE, MICHAEL A. 118.75 62.00 56.75 11/20/2001 61.30 - none 20.1894.4 TAYLOR KAREN 85.28 45.88 39.40 10/11/2001 64.93 - 74.2698.2 TAYLOR, DARRELL 53.36 26.68 26.68 10/16/2001 52.76 - 33.0056.1 TEL-CAR INC. 491.21 126.20 365.01 1 0/24/2001 322.22 - none 34.0432.1 TERRIQUEZ, FRANCISCO MAG 132.57 71.29 61.28 10/24/2001 84.74 - none 35.0081.2 TESNOHLlDEK, JOHN 63.53 35.62 27.91 1 0/24/2001 28.84 - 54.0018.1 THE PLAYGROUND 231.88 130.60 101.28 1 0/25/2001 101.28 - none 54.0016.1 THE PLAYGROUND 224.61 123.33 1 01 .28 1 0/25/2001 101.28 - none 54.0012.1 THE PLAYGROUND 532.48 335.95 196.53 10/25/2001 552.72 - none 54.0014.1 THE PLAYGROUND 246.47 123.19 123.28 10/25/2001 123.28 - none *** in Msg column indicates no Notice is to be sent c' ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Dec 18,2001 03:51 pm Current Period: 12131/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amount Msg 74.3536.2 THOMASON, CHAD & LAURA 83.70 38.16 45.54 11/20/2001 47.23 - 1 . 1950.1 THORNE, TORY 439.78 313.39 126.39 11/27/2001 132.13 - none 1 . 1940. 1 THORNE, TORY L 302.07 222.86 79.21 11/27/2001 87.82 - none 34.2728.2 THURBER, RON 86.51 48.34 38.17 10/15/2001 41.56 - 51.3230.2 TIDDENS, EHNO 102.02 67.54 34.48 69.0226.1 TIMA, KAREN 115.45 64.74 50.71 11/27/2001 75.00 - none 2.4800.1 TODD, JUDY L. 151.74 63.34 41.44 46.96 11/21/2001 25.00 - none 42.0338.2 TONKS, TAUNA 80.34 43.41 36.93 1 0/2212001 36.56 - 42.1216.1 TOROK, ZSOL T 64.74 35.61 29.13 10/23/2001 59,98 - none 20.1492.1 TRAMPLEASURE, DENNIS 115.62 67.20 48.42 10/15/2001 119,77 - none 1.0760.1 TREAT, MYRON 77.64 51.76 25.88 10/10/2001 72.90 - none 21.1174.1 TWADDLE, DAVID 111 .09 60.63 50.46 11/19/2001 62.39 - none 2.6640.1 UGARRIZA, JOHN 107.38 67.17 40.21 11/01/2001 44.83 - none 2.3160.1 URQUART, JASON 154.46 103.29 51.17 11/07/2001 . 55.79 - none 74.2876.1 USSERY, TRACY 119.54 61.00 58.54 11/19/2001 58.17 - none 51.2996.1 VALLA, CAROL YN 89.31 89.31 07/11/2000 24.08 - none 19.0120.2 VANLEUVEN,MATTHEW 105.03 67. 15 37.88 11/21/2001 26.41 - 21.1032,1 VELADA, FEDERICO 89.50 39.30 50.20 10/26/2001 44.05 - none 33.2578.1 VERKUYLEN,AD 77.22 38.08 39.14 10/24/2001 71.37 - none 5.0696.1 VIGIL, THOMAS 463.28 463.28 11/03/2000 88.34 - none 19.0352.2 VILLARREAL, VERONICA 87.36 58.26 29.10 11/01/2001 62.00 - 21.0080.1 VINCENT, SPARKY 80.89 41.76 39.13 10/24/2001 140.96 - none 2.4550.1 VINCENT, TOMMY 137.26 82.51 54.18 .57 11/28/2001 57.41 - none 7.1052.1 VINEYARD, JAMES 112.76 6.48 38.76 67.52 07/18/2001 67.52 - none 4.1899.1 VINEYARDS HOMEOWNERS A 108.60 48.60 60.00 11/27/2001 157.14 - none 31.0492.2 VLAMIS, NICK 435.98 182.98 253.00 11/26/2001 332.21 - 50.3742.2 VNUK, JOHN 535.81 96.23 1 09.43 144.80 185.35 12/13/2001 20.00 - 51.3094.2 VNUK, JOHN 132.35 57.24 75.11 31.3556,2 VOGT, STELLA 98.95 57.10 41.85 11/29/2001 93.48 - 22.0318.1 VOORHEES, MICHAEL 68.18 35.61 32.57 11/26/2001 45.00 - none 2.1430.3 WADDOUPS,DOROTHY 117.39 76.48 40.91 10/1212001 56.60 - 35.5017.2 WAGEMAN, CLINT 74.76 35.62 39.14 1 0/24/2001 57.68 - 1.2310.2 WALKER, BETTE 172.01 113.25 57.17 1.59 11/21/2001 60.00 - 34.1948.1 WALKER, ROBIN 94.17 47.25 46.92 10/19/2001 201.64 - none 32.1306.2 WALSH, DAVID & CARA 74.86 41.90 32.96 11/26/2001 33.82 - 22.0466.1 WALSH, LAWRENCE & KAPRI 162.79 95.10 67.69 1 0/22/2001 143.38 - none 1.3340.1 WALSH, RON 165.69 165.69 ***none 22.1734.1 WAL TERS, J. SCOTT 82.54 45.74 36,80 1 0/29/2001 36.50 - none 20.1846.1 WARE, MICKEY L. 1 00.41 44.22 56.19 11/20/2001 103.95 - none 31.3388.1 WATSON, COREY S 83.77 43.28 40.49 11/28/2001 56.18 - none 74.3052.1 WATSON, JASON 107.07 41.85 65.22 10/17/2001 59.93 - none 31.2230.1 WATTERS, TAMI 82.63 45.59 37.04 11/26/2001 63.00 - none 13.2038.1 WAYMIRE, JANET S 105.87 76.73 29.14 10/19/2001 57.68 - 50.1904.2 WELLS, GILBERT 65.97 36.84 29.13 1 0/29/2001 28.76 - 31.3322.1 WESTON, DECKER 170.94 92.40 78.54 11/09/2001 89.31 - none 35.5016.1 WESTROCK HOMES 105.62 50.80 40.63 7.71 6.48 22.1256.1 WHITE, JAMES & LORI 127.66 63.38 64.28 11/08/2001 83.66 - none 5.0792.1 WICK, DON 166.56 89.85 76.71 11/20/2001 80.00 - none 13.2032.2 WILLIAM TYDINGS 120.66 83.72 36.94 10/17/2001 93.28 - 2.2040.1 WILLIAMS, FRED 117.68 66.08 51.60 11/19/2001 21.03 - none 20.3044.2 WILSON, JANILE 75.44 40.96 34.48 10/19/2001 34.18 - 33.3662.1 WILSON. RANDY 88.97 45.88 43.09 11/09/2001 37.87 - none 50.2230.1 WINDER, DAVID 69.68 33.16 36.52 10/16/2001 26.38 - none 34.1954.1 WINGATE, DIANE 102.18 54.33 47.85 10/10/2001 62.17 - none 74.0094.3 WINWOOD, RANDY & CATHY 151.03 62.52 88.51 10/24/2001 122.33 - *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account Ust- council Page: 12 Standard Payment Customers Dec 18,2001 03:51 pm Current Period: 12/31/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/31/2001 09/30/2001 08/31/2001 Date Amou nt Msg 33.2358.2 WOLIN, DALE & LOIS 451.02 165.33 285.69 11/20/2001 30.60 - 13.2072.1 WOODHOUSE, PETER 126.72 80.96 45.76 10/18/2001 75.00 - none 34.1506.2 WOODWARD, ROBERT 65.99 34.39 31.60 1 0/23/2001 32.53 - 20.1862.1 YOUNG, DOUG 68.96 43.13 25.83 12/13/2001 31.73 - none 31.3248.2 YOUNG,REBECCA 107.74 54.65 53.09 11/28/2001 52.23 - 34.2766.1 YOUNG. TOM 100.76 59.54 41.22 10/09/2001 100.00 - none 32.4100.2 YRANGUEN. JOHN & NICHOLE 76.67 42.19 34 .48 10/18/2001 34.18 - 51.3110.2 ZEIMER, DALLENE 76.96 42.48 34.48 1 0/08/2001 35.41 - 31.2200.1 ZELLER, STEVEN 101.27 54.49 46.78 10/16/2001 127.40 - none Grand Totals: 147.661.72 59,353.58 74,665.67 6,162.89 7,479.58 Report Criteria: Terminated customers not included Customer. Cust No = {<} 9900000 U* in Msg column indicates no Notice is to be sent f - ~- ( -I en )> c.... C- c.... :5: )> :5: "T1 c- o z 0 * 0 m c c c m )> * Z C )> ""C )> m 0 () * 0 );! "'C G') r- z z -< 2::! ;JJ OJ Z C1 < -I -I C -< m m r- C1 ;::0 c m m 0 -f r- m en N ~ :::I: C )> :5: :5: OJ c :5: -I 0 ~ )> ;JJ OJ OJ m :5: ::0 OJ s: s: :::a -< m m ;::0 0 z m -< ;::0 ;::0 z :::a -I 0 :r: 11 11 :E m :t:t: z 0> <.n <.n t\..) Q) 0> 0> -.I co W .....lr. -I 0 <0 co .t:.. t\..) <.n <0 -.I <.n <.n .t:.. -I .t:.. co 0 -...J co .t:.. -...J -...J 0 (.oJ -...J 0 C1 0 C Z C1 r= "T1 )> en () () -I )> C r- )> -< r- m en )> :::I: ;JJ C to -I to 0 6 "T1 0 " " :E en m C1 z )> -I r- -I -< 0 m C1 )> AI 0 C 0 Z ~ 0 '- 6 (') ~ r= " )> en C1 C1 -I )> C r- )> -< r- m en ;)> :::I: -;JJ C 0 -I 0 0 6 " ~ "T1 " :E en m C') z )> -I r- -I -< 0 [m C') )> ;:a 0 c: 0 Z ..Jrr. 6 C1 N r= II )> en C') C') -I )> c: r- )> -< r- m en )> :::I: AI c: 0 -I ..Jrr. 0 6 II N ." BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF TURTLE ) CREEIC, LLC, FORA VARIANCE ) OF SECTION 12-3-6C ) REQUIRING SUBMITTAL OF A ) FINAL PLAT WITHIN ONE YEAR ) OF THE PREVIOUS PHASE FOR ) TURTLE CREEI( SUBDIVISION ) NO.3, LOCATED WEST OF ) NORTH LINDER ROAD AND ) SOUTH OF WEST USTICI( ) ROAD, MERIDIAN, IDAHO ) C/C 12-04-0 1 VAR-OI-OI6 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled Inatter comil1g 011 regularly for public hearillg before the City Council on Decelnber 4, 2001, and David McIGnllon, Planner for the Plal1ning al1d Zonil1g Department, appeared and testified, and the City Council having received the tral1smittal to agel1cies and having received the variallce applicatioll, having heard the testimony presented, being fully advised in the prelnises does hereby malce the following Findil1gs of Fact and COllclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT Page 1 of 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO.3 ( 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 zorling maps thereof and the Comprehensive Plan of the City of Meridian adopted Decelnber 21, 1993 Ordina11ce #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code ~s 67 -6509, 6516 and Meridian City Code ~s 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Turtle Creelc, LLc, whose address is 3350 Alnericana Terrace, Suite 200, Boise, Idaho 83706. 4. The owners of the property are Turtle Creelc, LLC, whose address is 3350 Americana Terrace, Suite 200, Boise, Idaho 83706. 5. The location of the subject property is presently located in an R-4 (Low Density Residential District), and which subject property is located west of North Linder Road and south of West U sticlc 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 COllsisting of two pages, and as the legal description appears ill the record of proceeds of this Inatter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as R-4 (Low Density Residential District), and which subject property is presently a single family FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO.3 Page 2 of 9 residential subdivision IG10wn as Turtle Creel, Subdivision No.3. 8. The proposed land use of subject property was to develop the subject property into a single falnily residelltial subdivision, and which subdivision has been developed and is 110W ImoW11 as Turtle Creel, Subdivisiol1 No.3. 9. That a vicinity lnap, attached hereto as Exhibit "A" and COllsisting of two pages, of the proposed scale approved by the City Council showing property lil1es, existing streets, proposed district and such other items as required have been fur11ished. 10. The Applicant seelcs a variance of the following provision of the Meridian City Code, SI2-3-6C, APPROVAL PERIOD, and in the R-4 zone if granted the re- zone, which provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Fillal Plan: Council approval of the prelilninary development plan shall become null and void if the applicant fails to submit the final development plal1 withi11 one year of Council approval of the prelilninary developlnent plan. B. Authorize Extensioll: UpOll written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Councillnay authorize a single extension of the approval of the preliminary developlnent plan for a period not to exceed one year froln the end of the said one year period. C. Consideration For Final Approval: In the event that the developlnent of the preliminary plat is made in successive contiguous segments in an orderly and reasonable lual1ner, and conforms substantially to the approved preliminary plat, such segments, if subluitted withil1 successive intervals of one year, Inay be considered for final approval without FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO.3 Page 3 of 9 resublnission for preliminary plat approval. 11. All property ovvners within three hU11dred feet (300') of the external boundaries have been notified by mail, and their 111ailing addresses Inay be obtained from the list on file with the Planning alld Zoning Department. 12. The special CirCUlTIstances or conditions affecting the property which the strict applicatioll of the provisio11S of this Title would clearly be ilnpracticable or unreasonable are that due to the time constraints placed on the applicant by having to wait for the sewer li11e extension from Tumble Creek #6, strict application of this Title is unreasonable. Further, the application for the final plat was made within 13 months of the submission of the Final Plat application for Tllrtle Creelc #2. It would be unprofitable and impractical to require the applicant to begill the prelilninary plat process anew. 13. The strict cOlnplia11ce with the requirenlellts of this Title would result in extraordinary hardship to the ovvner, subdivider or developer because of unusual topography, the nature or condition of adjacent developlnent, other physical conditions or other conditions that Inalce strict compliance with this Title u11reasonable under the circumstances, or that the conditions and requirelnel1ts of this Title will result i11 irlhibiting the achievelne11ts or the objectives of this Title are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO.3 Page 4 of 9 that adjacent developlnent (Tumble Creel( #6) delayed the sublnittal of the final plat application. Strict compliance with Meridian City Code 12-3-6C would be unreasonable. 14. That the grallting of the specified variance will not be detrilnental to the public's welfare or injurious to other property in the area in which the property is situated because the requested variance will 110t be detrilnental or injurious to the public's welfare or to the other properties in the area. 15. That such variance will not have the effect of altering the illterest and purpose of this Title and the Meridian COlnprehensive Plan because the issuance of a variance for this project will 110t violate the intent and purpose of the Meridian City Code and the Comprehensive Plal1. 16. Granti11g the varia11ce would Inailltain rights which would be afforded to others in the saIne situation. 17. The applicant paid the fee established by the Cit)T cOUI1Cil for application varIance. CONCLUSIONS OF LAW I. The City of Meridian has authority purslla11t to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, a11d in particular, by the provisio11S of Idaho Code S 67-6516 to provide as part of its z011ing ordina11ce for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC - TURTLE CREEK SUBDIVISION NO. 3 Page 5 of 9 the process of applications for variance pern1its. 2. The City of Meridian has exercised its authority of Idaho Code 9 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509,6516 and Meridian City Code ss 11-15-5 and 11-17-5. 4. Application and standards for varia11ces are set forth in Meridian City Code s 11-18-2, and the findings which are required are set forth in Meridian City Code 8 11- 18-3, include required findings that there are special circumstances or COl1ditiollS affecting the property that strict application of the provisions of Zonil1g al1d Developme11t Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirelnents of the Zoning and Development Ordillance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or conditioll of adjacellt developl1lent, or other physical conditions or other COllditions that Inal(e strict cOlnpliance with the ordinance unreasonable under the circumsta11ces, or that the conditions and requirelnents of said ordinance will result in il1hibiting the achievelnel1ts or the objectives of the ordinance, and that the grantil1g of a specified variance will not be detrilne11tal to the public's welfare or injurious to other property in the area ill which the property is situated, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO.3 Page 6 of 9 that such varia11ce willllot have t11e effect of altering the interest and purposes of the Zonillg and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 12-3-6C, APPROVAL PERIOD, and in the R-4 zone if granted the re-zone, provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Sublnit Pinal Plan: COU11Cil approval of the preliminary developlnent plan shall become null and void if the applicant fails to submit the final developlnent plall within one year of Council approval of the preliminary developlnent plan. B. Authorize Extension: Upon vvritten request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the COUllcillnay authorize a single extension of the approval of the prelilninary development plan for a period not to exceed 011e year from the end of the said one year period. c. COllsideration For Pinal Approval: In the evellt that the development of the preliminary plat is made in successive contiguollS segments in an orderly and reasonable Inanner, and conforms substantially to the approved preliminary plat, such segments, if sublnitted withil1 successive illtervals of one year, l11ay be considered for final approval without resubmission for prelin1inary plat approval. 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 Applicallt is hereby granted a variance froln the approval period requirement for submittal of a final plat within one year of the previous phase for Turtle FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO.3 Page 7 of 9 Creel( Subdivision No.3 in the R-4 zone. NOTICE OF FINAL ACTION Please ta](e notice that this is a final actiol1 of the governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the AFPROV AL PERIOD requirements in the R-4 Zone as provided in the Section 12-3-6C and Inay 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 Ineeting held on the Jece~~ I &r~ day of , 200 I. ROLL CALL: COUNCILMAN RON ANDERSON VOTED 116J--eJ COUNCILMAN lCEITH BIRD VOTED~tG COUNCILWOMAN TAMMY deWEERD VOTED ~.....-- COUNCILWOMAN CHERIE McCANDLESS VOTED~4..--' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO.3 Page 8 of 9 MAYOR ROBERT D. CORRIE (TIE BREAl<ER) DATED: (2-( 8 -of MOTION: APPROVED: DISAPPROVED: ...---" VOTED Copy served upon Applicant, the Planning and Zoning Department, Public W orlcs Department, and the City Attorney office. ByJl;g~~ ~;,,9 City ClerIc Dated: /2 -/8 - tJ ( z:\ W ork\M\Meridian\Meridian 15360M\Turtle Creek Sub 3 V ARO 1-0 16\FfClsGrantV ariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-016 TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO.3 , \'.It,if~~.l~lJ' ; \:\\'i.,5 _~~: ',' ,1:J't~ 'i,,;~'''A Vl '. - ,.., ~.. ............. .....~ . " - .\~ ." \.r r rtRPQ~ "*~ $" . fJ'-P ---, c~ ~ - .,~ ~:'~ e:~.~_ ~ -,' y~, ~ '8j1I1L i ; " ")! , -~: ~ ~ , -id, ~~'" , ' ~-~:I '9' ;1,-' R', F:., , '" .....ll ~ ~:."'. . . ....1 1$1 ~ ' ~'." ",~-- ;..:~.,<~- ~ -. .' tt~,f .' '~-.~' -N f$J ''ii~ ..~~,- :t,~~ ~..-ttf L ,'-~ ' - . IJ"V"'-~~'\lt~";:'- "'.._~',--<';~~" . Page 9 of 9 IT TURTLE CREEK SUBD-IVISION NO. 3 Ll ^ J( 1( TURTLE CREEK SUBDIVISION NO..' 3 VICINITY MAP N . T. S. E'l.h,'h:i "1/" I ,,-P ~ ~ o ~j t..l '" 0 ~ ~ ~ ~ ~ i" t..l..m m ~ I '3- ::l~ I .., ~ 'q ~l""i CJ ~ o z z o 0 I-f I (j en ~~~ Zt-4~~- ~ 2: ~ ~ >-a o O<~-~ ICD;~5~ (f):J~-UO rr. ::; ~ c:( 0 VJ.~ao:C1N -.:5"~ t- ~;~ a <;{CtJ~;~ ~CtJ-=i9 a:: _0:: w () ::E CtJ ~ e-. 0:: ::J e-.. / ~~ L E~,.h.'" "A'" ~ ~/~ a i lj < a. I I I I ~ o co '"'" ~ a. -.J : I, . .. ~. ..& ~. t~''''''''''' '; ..':, '..:~" ::~~:,,':(i :'!::' ( ! , { / ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TED CUNNINGHAM, THE APPLICATION FOR ANNEXATION AND ZONING OF .66 ACRES, LOCATED AT 125 BLUE HERRON LANE, MERIDIAN, IDAHO C/C 12-04-0 I ) ) ) ) ) ) ) ) ) Case No. AZ-OI-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and z011ing application having COlne 011 for public hearing on December 4,2001, at the hour of 6:30 p.m., al1d David McIGnnon, Planner for the Plall1lil1g al1d Zoning Departlnent, appeared and testified, and Ted Cunningha111, the applicant, appeared and testified, and 110 one appeared in opposition, al1d the City Council havillg duly cOl1sidered the evidence and the record in this matter therefore 1nalces the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM/ (AZ-01-014) Page I FINDINGS OF FACT I. The 110tice of public hearing 011 the application for anl1exation and zoning was published for two (2) consecutive weelcs prior to said public hearing scheduled for Deceluber 4, 200 I, before the City Council, the first publication appearing and written notice having beell mailed to property owners or purchasers of record within three hundred feet (300') of the external boulldaries of the property Ul1der consideration lTIOre thal1 fifteen (15) days prior to said hearing and with the notice of public hearing having beell posted upon the property under COl1sideration Inore than one weelc before said hearirlg; al1d that copies of all notices were made available to newspaper, radio and television stations as public service announcelnents; and the matter having been dilly considered by the City Council at the December 4, 200 I, public hearillg; and the applicant, affected property owners, and governlnent subdivisions providing services within the pla1111ing jllrisdiction of the City of Meridian, having been given full opportul1ity to express COffilnents and subluit evidence. 2. There has been cOlnplia11ce with all llotice alld hearing requirements set forth ill Idaho Code ss 67-6509 alld 67 -6511, and Meridiall City Code ss 11-15-5 and 11-16-1. 3. The City Council tal(es judicial notice of its zoni11g, subdivisiollS and development ordinances codified at Titles II and 12, Meridial1 City Code, a11d all FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM / (AZ-OI-014) Page 2 currellt zoning maps thereof, and the COlnprehel1sive Plan of the City of Meridian adopted December 21,1993, Ordil1ance No. 629, January 4,1994, and lnaps and the ordinance establishing the Ilnpact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approxinlately .66 acres in size alld is located at 125 Blue Herron Lane, Meridian, Idaho. 6. The owner of record of the subject property is Ted Cunningham of Meridial1, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-1, and consists of a single family hOlne a1ld agricultural uses. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north by an apartlnent complex, zoned R-40, to the south by all apartme11t cOlnplex and contractor's storage yard, zoned C-G and R-40, to the east by a meat pacldl1g operation, zoned M-I (County) and to the west by an apartment complex, zoned R-40. 11. The property which is the subject of this applicatio11 is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM/ (AZ-OI-014) Page 3 ( 12. The entire parcel of the property is included within the Meridian Urban Service Plannillg Area as defined ill the Meridian Comprehensive Plan. 13. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which desigtlates the subject property as Single Family Reside11tial. 14. There are no sigt1ificant or scenic features of lnajor importance that affect the consideration of this application. 15. Giving due consideration to the comment received from the governlnental 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 developlnent are ilnposed: Adopt the Recolumelldations of the Plallning and Zoning and Engineering staff as follows: 15.1 Applicant shallllot be required to enter into a Developlnent Agreement with the City as a condition of allnexation. 15.2 All future developmel1t of this property shall be ill conformance with the most recently adopted Zoning Ordillance at the time of re- developlnent. 15.3 A five-foot-wide sidewalk shall be required along Blue Herron Lane when the property is re-developed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED cUNNINGHAM/ (AZ-OI-OI4) Page 4 / ( 15.4 Any existing domestic wells and/or septic syste111s within this project shall have to be relnoved from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the ACHD Recolnmendations as follows (if the City receives a development proposal for the subject property): 15.5 Dedicate 25-feet of right-of-way from the centerline of Blue Herron Lane abutting the parcel by lneans of recordation of a final subdivision plat or execution of a warranty deed prior to iSSllance of a building permit (or other required perlnits), whichever occurs first. 15.6 Construct curb, gutter, 5-foot wide concrete sidewallc alld lnatch paving on Blue Herron Lane abutting the parcel. Improvelnellts shall be constructed to one-half of a 36-foot street section. 15.7 Replace any daluaged curb, gutter and/or sidewallc 011 Blue Herroll Lane to match existing improveluents. Segments to be replaced shall be determined by ACHD Construction Services staff. 15.8 All utility relocation costs associated with improvillg street frontages abutting the site shall be borne by the developer. 15.9 Any existing irrigation facilities shall be relocated outside of the right-of- way. 15.10 Utility street cuts in pavement less than five years old are not allowed unless approved in writillg by the District. 15.11 As required by District policy, restrictiol1S 011 the width, l1umber and locations of driveways, shall be placed on future development of this parcel. 15.12 Applicant shall comply with all the Sta11dard Requirements of the ACHD as addressed ill their letter dated Septelnber 5, 200 I. 16. It is found that if the developer pays for the requested ilnprovelnents and complies with the COllditions set forth in these Findil1gs of Fact No. 15, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM/ (AZ-01-014) Page 5 sub-parts, the econolnic welfare of the City and its residents and tax and rate payers will be protected. 17. It is also fOUlld that the development considerations as referel1ced in Finding No. 15 are reasonable to require and must be talcen into accoullt, in order to assure the proposed developme11t is designed, constructed, operated and maintained ill a Inan11er which is harlTIOnious a11d appropriate in appearallce with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future lleighboring uses, particularly c011sidering the impact of proposed development on potential to produce excessive traffic, noise, slnolce, fUlnes, glare and odors. 18. It is found that the zonil1g of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be cOlnpatible with the Applicant's developlnent il1tentions, and will assure that the zoning is C011sistent with the Meridian Comprehensive Plan Gel1eralized Land Use Map which designates the subject property as Single Family Residential. 19. The subject annexation request and zoning designation and proposed developrnellt relates and is compatible to the goals a11d policies of the COlnprehensive Plan of the City as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM / (AZ-01-014) Page 6 I ( 19.1 The consideration of the provisio11S of the Comprehensive Plal1 and the requirements of the zOlung ordinance assure that the processing of such application is the Inanageluent of growth with the ailn to achieve high- quality developme11t. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zonil1g ordinance of the City to all applications such as the subject application. 19.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant cOlnply with the requests submitted of the political subdivisions respollses within the Meridian Urban Service Planning Area submitted in the record of this lnatter. 19.3 The application is consistent with Meridia11' s self identity. 19.4 The preservation and improvement of the character a11d quality of Meridian's man-made environment while Inaintaining its identity as a self-sufficient community is achieved by applying the criteria of the COll1prehensive Plan and the zoning ordina11ce of the City to the subject application. 19.5 COlnpliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services alld that the Urban Service Plannillg Area is visually attractive, efficiently lnanaged and clearly identifiable. 19.6 COlnpatible and efficie11t use of lalld through in110vative and functional site desigtl is achieved by applyillg the criteria of the Comprehel1sive Plan and the zoning ordinance of the City to the subject applicatioll. 20. The property can be physically serviced with City water al1d sewer, and Applicant has requested such services. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM/ (AZ-OI-OI4) Page 7 CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridial1 Urban Service Plan11ing Area as set forth ill the City's COlnprehensive Plan. 2. The Councillnay talce judicial notice of governlnent ordinances, and policies, and of actual conditions existi11g withi11 the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planl1ing Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Colnprehensive Pla11, City of Meridial1, adopted Decen1ber 21,1993, Ord. No. 629, Jalluary4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridiall Comprehensive Plall and are applicable to this Applicatioll: 4.A The Goals of the Comprehensive Pla11 are set forth at Page 5 and include: 4.1 To preserve Meridian's environlnental quality and to mal(e provisions for and ilnprove the total natural environlne11t by adoptillg City-wide alld Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM / (AZ-OI-014) Page 8 4.2 To ensure that growth a11d development occur in al1 orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urba11 Service Planning Area. 4.3 To encourage the ldnd of economic growth and development which supplies employInent and economic self-sufficie11cy for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and ilnplement public ilnprovelnents, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the cOlnmunity. 4.5 To preserve and improve the character and quality of Meridiall's man-made environment while Inaintaining its identity as a self-sufficient cOlnmunity. 4.6 To encourage cultural, educational and recreational facilities which will fill the lleeds and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide comlTIunity services to fit existing and projected needs. 4.8 To establish cOlnpatible and efficient llse of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Plall11ing Area which is visually attractive, efficiently lnanaged and clearly identifiable. 5. The zoning of Mediuln De11sity Residential District (R-8) is defined in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM / (AZ-01-014) Page 9 Zoning Ordinance at S 11-7 -2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establislunent of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is lilcely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large honles into two-falnily dwellings in well-established neighborhoods of comparable land use. COl1nectioll to the Municipal water and sewer systelns of the City is required. 6. Since the annexation and zoning of land is a legislative functiol1, the City has authority to place conditiollS upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shalllneet and comply with the Ordinances of the City of Meridian including, but not lilnited to: Section 12-2- 4 which pertail1s to development time schedules and requirel11ents; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systelTIs. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridiall. 9. Section 11-16-4 A of the Zoning and Developnlent Ordinance provides ill part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that all owner or developer Inalce a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM/ (AZ-01-014) Page 10 take effect upon the adoption of the ordinance annexing and zonil1g the property, or prior if agreed to by the owner of the parcel. Unless the conunitment is Inodified or tenninated by the City Council, the cOlnmitment shall be binding on the owner of the parcel, each subsequent owner, al1d each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded cOlnmitrnent is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the COffilnitmellt. 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. The applical1t's request for annexation and zonillg of approxilnately .66 acres to Mediulll Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The applicatiol1 is for an11exation and zOlling of .66 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall cOnfOrlTI to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. That the annexation and zoning of the subject property is subject to the following C011ditions which shall govern Administrative Staff review a11d approval of development per111its required for the development of this property, as follows, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM/ (AZ-01-014) Page II Adopt the Recomlnendations of the Plan11i11g and Zoning and Engineering staff as follows: 3.1 Applicant shall not be required to enter into a Developlnent Agreement with the City as a condition of annexation. 3.2 All future developmellt of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re- developlnent. 3.3 A five-foot-wide sidewall( shall be required along Blue Herron Lane when the property is re-developed. 3.4 Any existing dOlnestic wells and/or septic systems within this project shall have to be removed froln their dOlnestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the ACHD Recomlnendations as follows (if the City receives a development proposal for the subject property): 3.5 Dedicate 25-feet of right-of-way from the centerline of Blue Herron Lane abutting the parcel by Ineans of recordatio11 of a final subdivision plat or execution of a warranty deed prior to issuance of a building per111it (or other reqllired permits), whichever occurs first. 3.6 Construct curb, gutter, 5-foot wide concrete sidewalk a1ld nlatch pavi11g 011 Blue Herron Lane abutting the parcel. Improvelnents shall be constructed to one-half of a 36-foot street section. 3.7 Replace a11Y damaged curb, gutter and/or sidewallc on Blue Herron Lane to lnatch existing improveluents. Segments to be replaced shall be determined by ACHD Construction Services staff. 3.8 All utility relocation costs associated with ilnproving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM/ (AZ-OI-014) Page 12 3.9 Any existing irrigatioll facilities shall be relocated outside of the right-of- way. 3.10 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3.11 As required by District policy, restrictions 011 the width, nUlnber and locations of driveways, shall be placed on future development of this parcel. 3.12 Applicant shall comply with all the Standard Requirelnents of the ACHD as addressed in their letter dated September 5, 200 1. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designatiol1 of the real property which is the subject of the applicatioll to (R-8) Mediu1TI Density Residential District, alld Meridia11 City Code S 11-7 - 2 D. 5. Subsequent to the passage of the Ordinance provided for in sectioll 4 of this Order the engineering staff of the Public W orlcs Departlnent shall prepare the appropriate mapping c11anges of the official boul1daries al1d Z011il1g lnaps as provided in Meridian City Code S 11-21-1 in accordance with the provisio11S of the an11exation and zoning ordinance. NOTICE OF FINAL ACTION Please tal<.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 perso11 is a person who has a11 interest in real property which may be adversely affected by the issuance or denial of the al1nexation and zoning and who lnay within twenty-eight (28) days after the date FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM / (AZ-OI-014) Page 13 of this decision and order seele 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-if::- day "6eC..e 11'vfx,/I.....- , 2001. of ROLL CALL COUNCILMAN RON ANDERSON VOTED f}h~d:" COUNCILMAN I<EITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED ~\./ COUNCILWOMAN CHERIE McCANDLESS VOTED$rlV ~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: /Z-If]-CJ( VOTED MOTION: APPROVED: . DISAPPROVED: Copy served upon Applicant, the Planning and Zoni11g Departlnent, Public W orles Department and the City Attorney. ,''i\!>\,\:!".~~" ,~,\~ .t:>f.. "~"~., " ~4.'" ,,,,~, ~ ~ . . -. .'''~/ f () ~0~)>~,' , Dated: /2 -I fJ -0 (t '," SEtiL "'.J ~ ,,'~ ' ',' J! '~ljJ ',' . If ~ ~'~ll' ,,/$ ;0' <,,'_ ~,~ v.. ~,/!!,r 1~ · .'/ i..... ~oe; ~ Z:\Work\M\Meridian\Meridian 15360M\Cunningham Ted AZOI-014\AZFfClsOrder.doc .~':~,?~~ -(!~#" "~%'~~Jq;~t:t/;~\fi~(,i"~""" ' ByJl~~~( ~- City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY TED CUNNINGHAM/ (AZ-OI-014) Page 14 ( ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR AUTUMN FAIRE SUBDIVISION NO.2, LOCATED EAST OF NORTH BLACI( CAT ROAD AND SOUTH OF WEST USTICI( ROAD, MERIDIAN, IDAHO BY: GEMSTAR PROPERTIES, LLC, APPLICANT C/C 12/04/0 1 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-OO-023 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above el1titled matter cOlnillg on regularly for public hearing before the City Council on Decelnber 4, 2001, and David McIGnnon, Planl1er for the Plan11ing and Zoning Departlnent, appeared a1ld testified, and appearing and testifyil1g on behalf of the Applicant was Scott Stallfield with Earl alld Associates, and appearing and testifying with COlnme11ts and/or C011cerns were: Sam Johnson, Regilla Johnson and Monte Janicek, and the City Council having received a report froln Brad Hawldl1s-Clarle, Planner for the Planning and Zoning Department, and Bruce Frecldeton, Engineering Technician III, al1d the City Council having received as part FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAlRE SUBDIVISION NO.2 / (PP-OO-023) I of the record of this lnatter the recolnmendation to City Cou11cil of the Plallning and Zoning COlnmission and the applicant having submitted the "PRELIMINARY PLAT, AUTUMN FAIRE CROSSING SUBDIVISION, A PART OF THE NE 1/4 SEC. 4, T 3 N, R I W, B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, DRAWING TITLE: AUTUMN FAIRE CROSSING SUBDIVISION PRELIMINARY PLAT, JOB NO. OC0999, DWG NO. 00099901PP4, DESIGNED BY: rss, DRAWN BY: dlnh, 7-24- 00, SHEET NO. I of I, STAMPED DATE: RECEIVED NOV 16 2001 CITY OF MERIDIAN CITY CLERIC OFFICE, CLIENT: GEMSTAR PROPERTIES, L.L.C., DEVELOPER", subluitted for preliminary plat approval a11d which preliminary plat for approval applicatio11 is herein received alld adjudged by the City COU11Cil pllrsuant to Meridian City Code S 12-3-3. Therefore the City Council n1al<.es the following fill dings: FINDINGS OF FACT I. That the proposed developlnent is ill cOllformance with the COlnprehel1sive Plan by reason of the fact that it lies within the existing Urba11 Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Il1frastructure Planning Analysis Comprehe11sive Plal1 and Map, adopted Decelllber 21, 1993, alld the property is preselltly zoned Low Dellsity Residential District (R- 4), and requires connection to the Municipal Water alld Sewer Systeln. [Meridiall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-OO-023) 2 City Code S 11-7-2 I(] 2. The prelilninary plat is in cOllfor111ance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is deterlnined that Urba11 Services call be lnade available to accommodate the proposed developme11t if the plat complies with the requiren1ents and c011ditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed developluent withill the City's Capital Ilnprovement Prograln and if the conditions which are requested by the Planning and Zoning Adlninistrator and the Engilleerillg Technician III and as proposed by the developer as stated on the preliluinary plat there will be public fina11cial capability of supporting services for the proposed developluent. 5. The developluent if built ill accordal1ce with the c011ditions a11d as proposed, will not create health, safety or environmental problelTIS and there have been no specifics of allY such concerllS brought to the COUllCil's attention. 6. It is found that the Recolnlnendation To City Council of the Pla11ning and Zoning COlnmission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7 . The applicant has submitted for cOllsideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT, AUTUMN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-OO-023) 3 FAIRE CROSSING SUBDIVISION, A PART OF THE NE 1/4 SEC. 4, T 3 N, R I W, B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, DRAWING TITLE: AUTUMN FAIRE CROSSING SUBDIVISION PRELIMINARY PLAT, JOB NO. OC0999, DWG NO. 00099901PP4, DESIGNED BY: rss, DRAWN BY: dmh, 7-24- 00, SHEET NO. I of I, STAMPED DATE: RECEIVED NOV 16 2001 CITY OF MERIDIAN CITY CLERIC OFFICE, CLIENT: GEMSTAR PROPERTIES, L.L.C., 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 hereill adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Prelilninary Plat of the applicant as evide11ced by "PRELIMINARY PLAT, AUTUMN FAIRE CROSSING SUBDIVISION, A PART OF THE NE 1/4 SEC. 4, T 3 N, R I W, B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, DRAWING TITLE: AUTUMN FAIRE CROSSING SUBDIVISION PRELIMINARY PLAT, JOB NO. OC0999, DWG NO. 00099901PP4, DESIGNED BY: rss, DRAWN BY: dmh, 7-24-00, SHEET NO. I of I, STAMPED DATE: RECEIVED NOV 16 2001 CITY OF MERIDIAN CITY CLERIC OFFICE, CLIENT: GEMSTAR PROPERTIES, L.L.C., DEVELOPER" is hereby conditio11ally approved; and 2. The conditions of approval are as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-OO-023) 4 Adopt the Plallning alld Zonillg Adn1i11istrator alld Assistant City Engineer Recoffilnendations as follows: 2.1 Applicant provided a rlew net density calculatiol1 Ul1der the "DevelopIuent Data" section on the face of the preliluinary plat with 2.6 dwelling units per acre. The gross density reInains the saIne as the original plat, but it appears the net density will change froIn the original plat SUbluission. 2.2 No street 11arne is shovvn for the north-south local along the west side of the city parle lot that stubs to the west boundary. Submit a revised Preliminary Plat prior to the City COUllCil ll1eetil1g showing a street name for this street. Sublnit letter from the Ada COUllty Street Nalne Comlnittee, approving a street name for this street with the final plat application. 2.3 The Sky Pilot Drain has a 100-foot wide easeme11t, 50 feet from the center line. The Ordinance requires to pipe this drain underground. A pedestrian pathway is bei11g constructed on the 110rth side of the drain i11 Autuln11 Paire # I. The drail1' s cellterline is not clearly deli11eated 011 the plat, but it appears that portions of residential lots in Blocle 1 on the north side of N. O'Conner Avenue are within said easement. Prior to the City Council hearing on the subject Pinal Plat, submit a copy of an encroachluent agreen1e11t with NMID approving this encroachrnellt, or reco11figure the lots to the edge of the easel11ent li11e if the e11croacl1ment is not allowed for the entire 50-feet. If the latter is the case, create a COln1non area lot covering the balance of the easelnent width. 2.4 An encroachlne11t agreeme11t shall also be sublnitted prior to the City Council hearing on the Pinal Plat for the Stafford Lateral, which effects six (6) residential lots in Blocks 2 and 3 . To date, the only reference NMID has Inade to the Stafford is i11 Mr. Henson's 11-4-00 letter that states that " all right-of-way must be protected." Prior to the City Council hearing on the subject Pinal Plat, sublnit a copy of an encroach1nellt agreelnel1t with NMID approving this encroachme11t, or reconfigure the lots to the edge of the easemellt lille if the e11croachluent is 110t allowed for the entire 30-feet. If the latter is the case, create a COlnmon area lot covering the bala11ce of the easement width. 2.5 There are two (2) residential lots directly south of the city park lot, 11u1nbered Lots 1 and 2, Blocl( 2. However, they are shoWl1 as a stand- alo11g blocle with stub streets 011 both ends. Applicant 11as clarified that FINDINGS OF FACT AND CONCLUSIONS OP LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT AUTUMN PAIRE SUBDIVISION NO.2 / (PP-00-023) 5 these lots are intellded to be a separate blocle. 2.6 A detailed landscape plan for Lot 6, Blocl<.4 (the Inulti-use drai11age lot) shall be submitted for review and approval with the Pinal Plat application. Applicant shall clarify for the P&Z C0111mission conceptually how this lot shall be landscaped. 2.7 Add a new note to the plat stating that Lot 6, Blocle 4 is a n011-buildable lot to be owned and luaintained by the homeoW11er's associatio11 and other pertillent public notes. 2.8 The developer and/or the Autumn Faire Crossing Homeowner's Association shall talee full responsibility for any future costs alld handling any complaints that Inay result from the telnporary lift station located on Lot 6, Block 4. It is possible that this station may generate an odor, noise or other nuisance and the City of Meridian shall not be responsible for any such nuisance cOlnplaints. 2.9 Applicant shall re-submit a copy of the subject revised Prelimi11ary Plat to the Ada County Highway District for their review a11d COlnme11t, particularly the addition of the new local street along the west boundary. Should ACHD's comments result in any modificatio11 to the plat as presellted to the City of Meridian, the Applicant shall re-sllbmit a revised Prelilninary Plat showing the ACHD-required changes. 2.1 0 The ul1-11amed street alollg the west boundary of the parle is stllb bed to the west property line at a fairly acute angle. Ordinance 12-4-2.E.1. requires that streets intersect at 900 al1g1es, al1d not less thal1 700. While this can be accomplished ill this location, it will create all odd intersection, especially at the entrance to a new subdivision. 2.11 Relllove the "optio11al Sewer Route" crossing the park lot. 2.12 The temporary lift station shall be designed to the City of Meridian's standards and specifications. The developer and/or homeowner's association shall retain oW11ership and l11aintenance responsibilities of the lift station. The developer may enter into an operation and Inaintenance agreelnent with the City of Meridian. Applicant shall be responsible to construct lateral sewer Inains to al1d through this proposed developlne11t. Subdivision designer to coordinate Inain sizing and routing with the Public W orles Departluent. Applicant shall comply with Section 5.9 of the Development Agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-00-023) 6 2.13 Water service to this site shall be via extensions froll1 existing Inains being proposed ill the Autumn Faire Subdivision. Applicant shall be responsible to construct the water lnains to and through this proposed development. Subdivision designer to coordi11ate n1ail1 sizing and routing with the Public W orles Department. Water service to this development is contingent upon the tilning of being able to obtain the land for, alld put into serve a future well within Autull1n Faire Subdivision. Flow a11d pressure froln the existil1g Inains shall be lTIonitored with the Meridian Water Department. 2.14 Underground year-round pressurized irrigation sl1all be provided to all lalldscape areas on site, includi11g the parl( lot. Sublnit hool(-up and design 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 seco11dary source, developer shall be responsible to pay water asseSSlnents for the entire COl111non open area. 2.15 Applicant has indicated ill Note #5 on the preli111inary plat face that the pressurized irrigation systelTI within this developme11t is to be owned a11d maintail1ed by the NalTIpa & Meridia11 Irrigation District. TIle City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creel( or well source is not available, a single-point connectioll to the culillary water systeln shall be required. If a single-point connection is utilized, the developer shall be responsible for the paymellt of asseSSlnents for the COlnll1011 areas prior to signature on the fi11al plat by the Meridian City Engi11eer. If City water is proposed as a secondary source, developer shall be responsible to pay water asseSSlnents for the e11tire common open area. 2.16 All lots within this developlnent shall be subject to the applicable latecolners fees on the existing Ashford Greens sanitary sewer lift station and water mail1 extellsion. Paymellt of all applicable latecomers fees for this subdivisio11 shall be required prior to sigIlature on the final plat. 2.17 A note shall be added to the plat statillg that this subdivisio11 is sllbject to the terlTIS of the Right to Farln Act pertailling to adjacent agricllltural parcels. 2.18 Six-foot-high, solid, perilTIeter subdivision fencing shall be required, unless agreed to otherwise in writing by the Planning Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-OO-023) 7 Applicant shall also coordinate with the Meridian ParIes Department regarding the type of and responsible party to construct the fencing along the south boundary of Lot 3, Blocle 4, adjacent to the parle. Submit detailed fencing plans for review and approval with sublnittal of the Final Plat, incorporati11g the Park Department's requirements. All required fencing is to be in place prior to issuance of building permits. A letter of credit or cash shall be required for these fences prior to sigt1ature on the final plat. Applicant shall cOlnply with fencing requirements according to lnicro-path standards, and such micropath fence standards shall apply adjacent to the parle alld pathway(s), unless modified by Council actio11 duri11g the fil1al plat. Standard 6-foot cedar fencing is allowed in other areas. Adopt the Meridian Fire Departme11t Recommendations as follows: 2.19 Applicants shall satisfy all fire code requirements including those pertaining to water supply systems and fire hydrants. 2.20 All roads shall be i11stalled before building is started with appropriate street name signs. Adopt the ReCOlTI1nendations of Central District Health as follows: 2.21 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of E11vironmental Quality. 2.22 RUl1-off is not to create a mosquito breeding problem. 2.23 Storlnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent ilnpact to groundwater and surface water quality. 2.24 The Engi11eers and architects involved with the desigIl of the subject project shall obtain current best managelnent practices for storlTIWater disposal and design a stormwater InanagelTIent system that prevents groundwater and surface water degradation. Adopt the ACHD Recommendations as follows: 2.25 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-OO-023) 8 feet of right-of-way. 2.26 Extend Dayside Avellue into the site at the north property line betweell Lot 1, Blocle 1 and Blocle 4 (the neighborhood parl<.) from the Autumn Faire Subdivision. 2.27 Extend O'Conner Avenue into the site at the south property line froln the Turnberry Crossing Subdivision and remove the fence that was constructed across the right-of-way of O'Conl1er Avenue as a part of the Turnberry Crossil1g Subdivision. 2.28 Stub at the south property line between lot 2 and 3 a11d blocl<. 2, as proposed. District policy requires a paved telnporary turnaround for a stub street with greater than ISO-feet of frontage, or frol1tage on two lots. The proposed stub street does not require a turnarou11d. The applicant shall be required to i11stall a sign at the terll1inus of the roadway stati11g that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . Coordinate the SigIl plan for the stub street, and the design of the turnaroulld with District staff. 2.29 Stub to the south property line between Lot I, blocl<. 2, and lot 1, blocl<. 3 as proposed. District policy requires a paved telnporary tur11arou11d for a stub street with greater than ISO-feet of frolltage, or frontage on two lots. The proposed stub street does not require a turllaround. The applicant shall be required to illS tall a Sigll at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordil1ate the Sig11 pla11 for the stub street, alld the desigll of the tllrIlaroulld with District staff. 2.30 Stub the north/south roadway (which is cllrrently ullnan1ed) at the east end of Morni11g Side Way to the west property line. Provide a paved tell1porary turnaround at the west end of the Stllb with a telnporary easelnent provided to the District. The applica11t shall be required to install a sign at the terlnillUS of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordi11ate the sign plan for the stub street, alld the desigI1 of tIle tllr11aroulld with District staff. 2.31 COllstruct a lcnuclde 011 the northwest corner of Willow Side Avenlle and O'Conner Avellue, as proposed. The applicant shall be required to construct a traffic islalld in the lU1uclde, which should be a minimUlTI of 4-feet wide with a InillilnUll1 area of 100-square feet and designed to safely chan11el traffic. The roadway around the traffic islalld shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-OO-023) 9 " Inaintain a lninilnum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 2.32 Construct a lcnuclde on the north/south roadway at the east e11d of Morning Side Way. The applicant shall be required to construct a traffic island in the IG1uclde, which should be a minimuln of 4-feet wide with a minirnUln area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimUln of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planni11g a11d Development staff. 2.33 Any proposed landscape islands/media11s within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 2.34 All turnarounds shall be constructed to provide a minilnum turning radius of 45-feet. 2.35 Utility street cuts in pavement less than five years old are not allowed tlnless approved in writing by the District. 2.36 Any existing irrigation facilities should be relocated outside of the right- of-way. 2.37 If utility relocation is l1ecessary to construct improve111e11ts required with this development, then all utility relocation costs associated with improvillg street frontages abuttillg the site should be borne by the developer. Adopt the Nampa & Meridian Irrigation District's requiremel1ts as follows: 2.38 A Land Use Change application and a complete set of plans are required. 2.39 Writtell approval for any encroachlnents a11d drainage are also required a11d a sigI1ed License Agreement shall be i11 place before any C011structioll begins. Additiollally, the Applicant shall comply with the action of the City Council taken at their December 4, 200 I Ineeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-00-023) 10 2.40 Applicant shall have the project fully fenced, includiIlg across the stub streets, both to the south and to the west. By action ~he City Council at its regular meeting held on the day of e.elnbt~ ,2001. ! S-f!> ROLL CALL COUNCILMAN ANDERSON VOTED 1l6~ COUNCILMAN BIRD VOTED ~ VOTED~ COUNCILWOMAN McCANDLESS VOTED ~ ~ COUNCILWOMAN deWEERD ----- MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED Copy served upon Applica11t, The Plallning and Zoning Departmellt, Public W 1 D d C. A \ ,~~{.6~;a.{~-hr or (5 epartlnent an Ity ttornex~\\'l\\ O' f ~"~~.lj;.j,).... 'e\\.\; ~ - . {~~" ,:" ~ ~.~ \~, ~~ .C} cft.?~~b ~ ~ '\' - . ." ~G '~;A , . . ...~ ~ Cd? /lj ~ -. Dated: " :.-=. V --l./ ~~~) R. "t. :-'" ~~L~U _ ff:: -p l~}' ~ . _ C1~ /f;( '/A! '~f --t' '... ~l!..'>.... .~~. .' :<~-Y:!: ~~- .. j" ...., . :'f:., l,..~-....f. II _ -." ".' -.. ...~ ~~.... .. -I ;;;'" ~~ f Z:\Work\M\Meridian\Meridian 15360M\Autumn Fai[(~ prd~~~~~J~r1~~;' '. '~lll:~f; .;:~~,~;";;f?~~~?<>j' By: City ClerIc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AUTUMN FAIRE SUBDIVISION NO.2 / (PP-OO-023) II BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF BRIGHTON ) CORPORATION, FOR A ) VARIANCE FOR TIME ) EXTENSION OF ONE YEAR ) TIME FRAME FOR FINAL PLAT ) RECORDING FOR ASHFORD ) GREENS SUBDIVISION NO.5, ) LOCATED EAST OF NORTH ) BLACI( CAT ROAD AND NORTH ) OF WEST CHERRY LANE, ) MERIDIAN, IDAHO ) C/C 12-04-0 I VAR-OI-OI7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above e11titled lnatter coming on regularly for public hearing before the City Council 011 Decelnber 4, 200 I, and David McIGnnon, Planner for the Plallning and Zoning Departlnent, appeared and testified, and J ohn Wardle of Brighton Corporation, appeared a11d testified, and the City Cotlncil having received the tralls111ittal to agencies and having received the variance applicatio11, having heard the testilTIOny presented, being fully advised in the premises does hereby lnalce the following Findings of Fact al1d Conclusions of Law and Order of Decision, 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-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION ( FINDINGS OF FACT I. The City COUllCil tal(es judicial 110tice of its Zoning, Subdivisions and Development Ordillances codified at Title II Municipal Code of the City of Meridian and all current zoning Inaps thereof al1d the COl11prehensive Plan of the City of Meridian adopted Dece111ber 21, 1993 Ordil1a11ce #629 - January 4, 1994 and Maps. 2. The requirel11ents of Idaho Code ss 67 -6509, 6516 and Meridian City Code ~s 11-15-5 and 12-11-3 as evidenced in the record of this l11atter. 3. The Applicant is Brightol1 Corporation, whose address is 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713. 4. The owner of the property is Brighton Corporation, whose address is 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713. 5. The location of the subject property is presel1tly located in an R-4 (Low Dellsity Reside11tial District), and which subject property is located east of North Blacl( Cat Road al1d north of West Cherry Lane, 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 c011sisting of two pages, and as the legal description appears il1 the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present la11d use of subject property is presently z011ed as R-4 (Low FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION Page 2 of 9 Density Residential District), alld which sllbject property is presently la11d for developmellt for a single family residential subdivision known as Ashford Greens Subdivision No.5. 8. The proposed land use of subject property was to develop the subject property into a sillg1e faluily residential subdivision, alld which subdivision has been developed and is now I<nOWll as Ashford Gree11s Subdivision No.5. 9. That a vicinity lnap, attached hereto as Exhibit "A" and consisting of two pages, of the proposed scale approved by the City Council showing property li11es, existing streets, proposed district a11d such other items as required have been furnished. 10. The Applicant seelcs a variance of the followillg provision of the Meridia11 City Code, ~12-3-6C, APPROVAL PERIOD, al1d in the R-4 zone if granted the re- zone, which provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Sublnit Final Plan: Council approval of the prelilni11ary developlnent plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the prelilninary development plan. B. Authorize Extension: Up011 written request to the Council a11d filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the COUllcillnay authorize a single extellsion of the approval of the prelilninary development plal1 for a period not to exceed one year from the end of the said one year period. C. Consideration For Final Approval: In the event that the developmellt of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION Page 3 of 9 the preliminary plat is made in successive contiguous segments in an orderly and reasonable Ina11ner, and conforms substal1tially to the approved prelimillary plat, such segInents, if submitted within successive intervals of one year, may be considered for final approval without resublnission for prelilninary plat approval. 11. All property owners within three hundred feet (300') of the external boundaries have beell notified by lnail, a11d their mailing addresses Inay be obtai11ed frOln the list on file with the Plannillg a11d Z011ing Departluent. 12. The special cirCUlnstances or conditions affecti11g the property which the strict application of the provisions of this Title would clearly be ilnpracticable or unreasonable are that due to the time required to obtain drainage easements from the City, the applicant was ullable to submit construction plans for review il1 a timely manner, therefore strict application of this title is unreasonable. Further, it would be unprofitable and impractical to require the applicant to begin the preliminary plat process anew. 13. The strict cOlnpliance with the requirelnents of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent developlnent, other physical conditions or other conditions that mal(e strict cOlnplial1ce with this Title unreasonable under the CirCUlTIsta11ces, or that the conditions a11d requirelTIents of this Title will result in inhibiting the achievelnents or the objectives of this Title are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION Page 4 of 9 ( that the applicant has worlced diligently towards desigr1ing a drainage facility and obtaining the requisite easeme11ts for constructioll. The process has talcen longer than anticipated. Strict cOlnpliance with Meridian City Code 12-3-6C would be unreasonable. 14. That the granting of the specified variance will not be detrilneIltal to the public's welfare or injurious to other property in the area in whicll the property is situated because the requested variance will 110t be detrimel1tal or injurious to the public's welfare or to the other properties in the area. 15. That such variallce will not have the effect of alterillg the interest al1d purpose of this Title and the Meridian COInprehensive Plan because the issuance of a variance for this project will 110t violate the i11tent and purpose of the Meridian City Code and the COlnprehensive Plan. 16. Granting the variance would mai11tai11 rights which would be afforded to others in the saIne situation. 17. The applicant paid the fee established by the City Council for application varIance. CONCLUSIONS OF LAW I. The City of Meridian has authority pursuant to the enactlnent of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION Page 5 of 9 ( \ the provisio11S of Idaho Code S 67 -6516 to provide as part of its zoning ordinance for the process of applications for variance perlnits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactlue11t as a part of its Zoning and Developlnent Ordinance variances, as set forth in Meridiall City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67 -6509, 6516 and Meridian City Code ss 11-15-5 and 11-17 -5. 4. Application and standards for variances are set forth in Meridian City Code 9 11-18-2, and the filldings which are required are set forth in Meridiall City Code S 11- 18-3, include required findillgs that there are special circumsta11ces or conditions affecting the property that strict application of the provisions of Z011illg and Developmellt Ordinallce would clearly be ilnpracticable and unreasonable, a11d a finding that strict C0111pliance with the requirements of the Zorullg and Developlnellt Ordillal1ce would reslllt in extraordinary hardship to the 0VV11er, subdivider or developer because unusual topography, the nature or condition of adjacent developlnent, or other physical conditions or other COllditions that lnalce strict compliance with the ordinance Ullreasonable u11der the circumstal1ces, or that the conditions and requirelnents of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variallce will not be detrimental to the public's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION Page 6 of 9 ,..-- r welfare or injurious to other property i11 the area in which the property is situated, aI1d that such variance will not have the effect of altering the interest alld purposes of the Zoning and Development OrdiIla11ce and the Meridian C0111prehensive Plan. 5. Meridiall City Code, 9 12-3-6C, APPROVAL PERIOD, and il1 the R-4 Z011e if granted the re-zone, provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Sublnit final Plan: Council approval of the prelilninary developluent plan shall become llUll a11d void if the applicant fails to submit the final development plan within one year of Council approval of the prelilnillary development plall. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termi11atioll of the said one year period as stated in subsection A of this Section, the Council may authorize a single extellsioll of the approval of the prelimillary development plan for a period 110t to exceed OIle year frolll the end of the said one year period. C. Consideration For Fillal Approval: III the event that the developluent of the prelirni11ary plat is Inade in successive contiguous segmellts ill an orderly and reasollable luallner, and confor111s substantially to the approved preliminary plat, such segInents, if subluitted withill successive intervals of Olle year, Inay be considered for fillal approval without resublnission for prelilninary plat approval. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City COUllcil does hereby Order and this does Order: I. That the Applicant is hereby granted a variance for tilue extension of one FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION Page 7 of 9 year time frame for final plat recording for Ashford Greens Subdivision No.5 in the R-4 zone. NOTICE OF FINAL ACTION Please ta]<e notice that this is a fi11al action of the governing body of the City of Meridia11. Pursuant to Idaho Code Section 67 -6521 an affected person beil1g a person who has a11 il1terest ill real property which Inay be adversely affected by the issuance or denial of a variance authorizing a variance of the APPROVAL PERIOD requirements in the R-4 Zone as provided in the Section 12-3-6C 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 lneeting held on the 'Jet el1'V/K,u I g-tA day of , 200 I. ROLL CALL: COUNCILMAN RON ANDERSON VOTED tl /J ffh;(- COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED#~ COUNCILWOMAN CHERIE McCANDLESS VOTED$ti./ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION Page 8 of 9 ( MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: 12-f8-0( VOTED ----- MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Z011ing Depart111ent, Public Works Departlnent, and the City Attorney office. . -:; .<~~ \ t;;~~~~;f~:~';;~" . ..:." (J"'~F\~'l?Ot't~'~ ':;fi<:" ':~". ..... . r;y~J.: '9 h '""'-~. ' :.,..... I .....j ,(:;. " . '- . / 2. -- / g -tJ (/~- j ,~. . () \", Dated. :. \ tlEAL )c ~~.-. i2:~f:::E~.~f~~} \\NPA_NTS40_PDC\SERVER_Z\Work\M\Meridian\Meridian 15360M\Ashford Fnls Sub #5 v AROI-017\FfClsdtat}:~~f1~~~~?:Of.~t !:,\.;;" " ~~, ';~ !(;'~:;"~~;,:~' ' By:JI~.~6u91C) City Clerk I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-017 ASHFORD GREENS SUBDIVISION NO.5 / BRIGHTON CORPORATION Page 9 of 9 -a. CD o o -n CD CD ... tT.l ..... I r .t.b} )> en ::t -n o ::0 C C) <::0 -m Om -z ~en :<en s:C )>aJ .,,2 < - en - o z z o (II + ~... ( o It:. :"', ?tr' _ ~:..'. -\~ f'0 I 1'- r) . ~. ~ _ =---',,;:, l/ . i It ....-~/.'.[ _. ..-:;;.._~ :: it .:.:............_~/. '---"__' . ..- ---t 'L.;.__. ~~-- ,./' ./ ~ -""': f' /"........ / ~. ~ ~.~, 11 i to ~.;1 0 If: ;! Z I ~j ;1 (/) z w w :1 ~ I Q I ~ ~ / 1.J... ~ :: I < ~ .\ .., . ! :, .:j ~ :! t ;1 lie n flit ~ dI'lf. . Ex/),' D,'f P 1'1 ~"'," _.~,.. MERIDIAN CITY COUNCIL MEETING December 18,2001 APPLICANT Meridian Area Senior Citizens Association ITEM No.3-I REQUEST Approval of Lease Agreement with Meridian Area Senior Citizens Association AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANtT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~vU ~tL ~J~ gg8 - ~?5~ Contacted: #/t?..E!- r~l'Vr jJtlj ~e~ a/ reA.--~'1 f!a~fL b1 1~/71v ~ J.--d.. Date: Phone: OTHER: Materials presented at public meetings shaD become property of the City of Meridian. RECEIVED DEe - 7 2001 interoffice MEMORANDUM City of Meridian Cit.v Ctl.---k Officf- To: William G. Berg, Jr. 3-"1- From: Subject: Lease Agreement between the City of Merit Citizens Association, Inc. __~,".uL rtfea Senior File No.: 3.3.17.1 Date: December 3, 2001 Will: Please find attached a revised original of the LEASE AGREEMENT betweell the City of Meridian a11d the Meridian Area Senior Citize11s Association, Inc., per your suggestions. Please replace this agreement with the one previously sent to your office on Novelnber 21, 200 I. This agreell1ent allows the Senior Center to lease 011e garage bay in the forlner Meridian Fire Station at 716 N. Meridian Road. Therefore, you will need to obtain the Lessee's signature, and then have the Mayor and yourself execute the agreement, and this should then complete the lnatter 011 the leasing of one garage bay in the old fire station. If you have any questions please give l11e a call. Z:\ W ork\M\Meridian\Meridian I 5360M\Fire Dept\Surplus\BergMen1o 12030 I .doc LEASE AGREEMENT THIS AGREEMENT is made and entered into this I gJ!! day of December, 2001, by and between the City of Meridian, hereinafter referred to as "Lessor," and Meridian Area Senior Citizens Association, Inc., hereinafter referred to as "Lessee." WIT N E SSE T H: That the said Lessor, for and in consideration of the rents, covenants and agreements hereinafter n1entioned 011 the part and behalf of the said Lessee to be paid, leept and performed, does by these presents grant, demise and lease unto the said Lessee, and the said Lessee does by these presents hire, rent and take from the said Lessor, that certain residential premises located on the following described real property, to-wit: One garage bay in the former Meridian Fire Station at 716 N. Meridian Rd., Meridian, Idaho 1. TERM: This Lease shall be on a month to month basis terminable by either party upon thirty (30) days vvritten notice. The term commences upon execution of this Lease Agreement. 2. RENTAL: Lessee covenants and agrees to pay rent for said premises in the sum of $1.00 per year, payable upon the execution of this lease. If the tenancy is terminated at any time before one year, no part of the rent will be returned. 3. USE OF PREMISES: Lessee covenants and agrees that the leased premises shall be used for the storage of a Mini Bus, and shall not be used for any other purpose or purposes without the prior written consent of Lessor. Lessee covenants and agrees to l(eep the premises locked at all times and to provide Lessor with a list of individuals authorized to access to the premises. 4. MAINTENANCE: Lessee agrees to maintain the demised property and improvements in as good condition as the same are in at the time Lessee shall take possession of the demised premises, reasonable wear, tear and damage by the elements excepted. 5. ALTERATIONS AND IMPROVEMENTS: Lessee shall have no right to mal(e improvements to the interior of said leased premises or alterations to said leased premises, without Lessor's written consent. LEASE AGREEMENT - 1 6. COMPLIANL...:. WITH LAW: Lessee agrees to CO\llply with all municipal, state and federallavvs, rules, reg1.Jlations and ordi11ances and to do all things necessary to stay in cOll1pliance vvith the same. 7. UTILITIES: Lessee shall promptly pay for all increase in utilities callsed by Lessee's use of the garage bay. At1Y failure to tilnely pay such utilities shall constitllte a breach of this Agreeme11t. Lessor is under no obligatio11 to provide heat in or on the premises. 8. RIGHT OF INSPECTION: Lessor shall have the right to enter the delnised premises at any reasonable time to examine the same and to determine the state of repair or alterations which shall or may be necessary for the safety and preservation of the premises. 9 . WASTE PROHIBITED: Lessee shall not commit any waste or damage to the premises hereby leased nor permit any vvaste or dalnage to be done thereto. 10. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease Agreement nor sublet to any other lessee the said leased premises or any portion thereof, vvithout the vvritten consent first obtained of Lessor. 11. LIABILITY: Lessor shall not be liable for any injury, damage or theft which may be sustained by any person or property of the Lessee or any other person or persons resulting fro9-1 the condition of said premises or any part thereof, or from the street or subsurface, or from any other source or cause whatsoever, nor shall the Lessor be liable for any defect in the building and structures on said demised premises, latent or otherwise, and Lessee agrees to indemnify and hold harmless Lessor from such liability. Lessee shall provide its own insurance. Lessee shall provide Lessor with the appropriate Certificate of Insurance. 12. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one of the conditions of this Agreement are expressly made the essence of this Agreement. If default be made by the Lessee in payment of any part of Lessee's rent when the same shall become due, or default be made by the Lessee in keeping, performing or observing any'of the covenants and agreements herein contained and such default shall remain so for a period of three (3) days after written notice shall have been sent by certified or registered mail to Les~ee as hereinafter provided, then in such event the Lessor may, at Lessor's election, either in law or equity, seelc specific performance of this Agreement or may declare said term and Lease forfeited and ended and re-enter said demised premises again to repossess and e11joy the san1e as in their first estate, and the effect of such default shall in itself, at the election of Lessor, without further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the Lessee shall fail to LEASE AGREEMENT - 2 (< ( surrender possession of t11e u.emised prell1ises to Lessor, the Les~c:e shall be deelned guilty of an unla\vful and forcible detention of said premises. If Lessee shall abando11 or vacate said premises, or if this Lease be tem1inated for breach of a11Y of the covenal1ts and agree111ents herein C011tained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of said premises froln Lessee, including reasonable legal e:xpenses and attorney's fees, and to pay such other expenses as the Lessor n1ay incur in plltting the pren1ises in good order and C011dition as herein provided, alld also to pay all other reasonable and necessary e:xpenses or comll1issions paid by Lessor in re-Ieasing the premises. In the event of notificatio11 of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee shall pay, in addition to all arrearages as existillg 1111der the notice of defatllt, the reasonable attorneys fees inCtlrred by Lessor in deterlninatio11 of the default a11d the notification to the defatllting Lessee. 13. ADDITIONAL TERMS: Landlord reserves the right to use the ren1ainder of the building for any lawful purpose. Lessee shall provide to the fire department a key to the vehicle which "viii be parked i11 the garage bay. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the day and year first above "vritten. City of Meridian, Idaho R ert D. Corrie, Mayor Approved by City Council / 2- -I g -f) ! Lessee Attest: William G. Berg, Jr., City lerlc ern \Z:\ W ork\1v1\lvleridian \lv1eridian 15360 M\Fire Dept\Surplus\LEAS E. wpd LEASE AGREEMENT - 3 December 14, 2001 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Beer, Wine, Liquor License 2002 Renewals December 18, 2001 ITEM NO. ;5---J AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS vV CD F~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memorandum Meridian Police Department December 18, 2001 BECEIVED DE"C 1 8 2001 CITY OF MERIDIAN TO: Chief Worley FROM: Capt. Musser RE: City of Meridian Alcohol License Renewals for 2002 I called ISP Alcohol Beverage Control about the license renewals for the City. I contacted Mike Burgess, who is the ABC agent in charge of the Meridian Area. Mike advised that he was not aware of any problems with those currently licensed in Meridian. He believed that all current license holders in the City of Meridian would be renewed by the state. I am not aware of any specific items, at this time, which would or should prevent any of the listed applicants applying for license renewal from being denied. f t, 200~ Renewals {kvt"se4/2/18/0/ fJ.1AJ!Co/Mt~ J:J-/~ JJ;ery1 3-J Establishment Type of License 127 Club Albertson's No. 164 Albertson's No. 180 Applebees Big Smoke, The Bill & Lynns Bolo's Pub & Eatery Cherry Lane Recreation dba Cherry Lane Golf Club Chevron Chevron Chevron Chicago Connection China Town's Quik-Wok Cigarette Store, The Corona Village EI Tenampa Epi's - A Basque Restaurant Fiesta Guadalajara Fred Meyer Frontier Club Harry's Bar & Grill Idaho Pizza COw Jackson's Food Store No. 1 Jackson's Food Store No. 11 Beer I Wine I Liquor Licenses Beer, Liquor Beer, Wine Beer, Wine Beer, Wine, Liquor Beer, Wine Beer, Liquor Beer, Wine Beer, Liquor Beer, Wine Beer, Wine Beer, Wine Beer, Wine Beer, Wine Beer Beer, Wine Beer, Wine Beer, Wine Beer, Liquor Beer, Wine Beer, Liquor Beer, Liquor Beer, Wine Beer, Wine Beer, Wine { ( . , 2002 Renewals Jackson's Food Stofe No. 24 Beer, Wine Jackson's Food Stofe No. 35 Beer, Wine Jackson's Food Store NOe 56 Beer, Wine JB's Restaurant Beer, Wine Ken Hamilton Presentations Beer, Wine dba Meridian Speedway Louie's Pizza & Italian Restaurant Beer, Liquor Lotus Garden Chinese Restaurant Beer, Wine Maverick Country Store Beer Meridian Bowling Lanes Beer, Liquor New Vintage Wine Shop, A Beer, Wine Paisano's Italian Restaurant Beer, Liquor Rite-Aid, Thrifty Payless Beer, Wine Rocky Mountain Pizza Hut Co. Beer Royal Dynasty Chinese Restaurant Beer, Wine Roundtable Development Beer, Wine dba RoundTable Pizza Smoky Mountain Pizza Co. Beer, Wine Texas Roadhouse Beer, Liquor Ultra Touch Carwash Beer, Wine Under the Onion Steak & Spirits Beer, Liquor Walmart Beer, Wine Whitewater Saloon Beer, Liquor Winco Beer, Wine Winger's - An American Diner Beer, Wine Beer I Wine I Liquor Licenses December 14,2001 MERIDIAN CITY COUNCIL MEETING APPLICANT December 18,2001 ITEM NO. 3-~ REQUEST Ashford Greens Subdivision No.5 Streetlight Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: -1) ~\I \ ~ 1o~ N 'a a1l,; Date: Iv J /7/'J ( Phone: .) --rl --4 DD?J Materials presented at public meetings shall become property of the City of Meridian. mv~ tVP J' · ( r !R---- E-. C~Y~7DD"" ~ - - -j .:t2t; ~~ V -Lt"J . Memo [-.-~ 1 .u ~f ~i ~1 . _v 1 1 I""V'_ c~ t}' ()f I\'J e ri d i rlIl CIty (~1 e:-'!~' -~:y, -~',!_; To: Mayor Corrie p:( t.J From: Brad Watson, P.E. j/' CC: File, Gary Smith, PE, City Clerk- Date: 12/14/01 Re: Proposed Agenda Items for December 18 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the December 18 City Council agenda, on the Consent Agenda, for Council's consideration: @ Ashford Greens NO.5 SubdMsion Streetliaht Aareement. This is a standard agreement for subdivisions using non-standard streetlights. A copy of the agreement, signed by the developer, is enclosed. Recommended Council Action: Approval 2) Bear Creek No. 3 Subdivision Streetliaht Aareement. This is a standard agreement for subdivisions using non-standard streetlights. A copy of the agreement, signed by the developer, is enclosed. Recommended Council Action: Approval 3) White Drain Trunk Sewer - Edith Coocer Easement. It was discovered during title searches that another property owner owns a 25-foot strip of land across which the White Drain Trunk must cross. This strip of land is between the Dale Cooper and John Kennedy easements, both of which have already been approved. Copies of the owner-signed easement and right-of-way contract are enclosed. Recommended Council Action: The Public Works Deparbnent recommends that City Council accept the permanent and temporary sewer easements from Edith Cooper, approve the Right-of-Way contract, and authorize the Mayor to sign and the City Clerk to attest these documents. From the desk of... Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898..5500 Fax: (208) 887-1297 watsontx@ci.meridianid.us ( \ ( 4) South Slouah Sewer Extension - Kennivick, et al Easement. This permanent and temporary construction easement is located on the southwest comer of Ustick and Eagle Roadsw A copy of the owner-signed easement is enclosed. Recommended Council Action: The Public Works Deparbnent recommends that City Council accept the permanent and temporary construction easements from Jack and Mary Anne Kennivick, Lyle and Donna Cobbs and Richard and Kathleen Jordan, and authorize the Mayor to sign and the City Clerk to attest the agreement 5) Five Mile Sanitary Sewer Latecomers Aareement. This item was first brought before Council on September 18. After a detailed fee analysis by Public Works at the request of City Council and the Woodbridge Subdivision developer, Public Works has developed a latecomer agreement acceptable to O'Neill Enterprises (see attached letter from Derrick O'Neill dated December 4, 2001). As a result of our analysis, the latecomer fee has changed from the originally proposed $2370/acre to $1706/acre. O'Neill Enterprises conditioned their concurrence with the latecomer agreement on their ability to enter into a payment schedule as outlined in that letter. Although Public Works is not opposed to the idea of a payment schedule for O'Neill Enterprises, it is, in our opinion, a separate issue that should be evaluated by the Finance Department. Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the Five Mile Sanitary Sewer Latecomers Agreement and authorize the Mayor to sign and the City Clerk to attest the agreement We request that the following items be placed on the December 18 City Council agenda, under Public Works Deparbnent Reports, for Council's consideration: 1) \NWTP Dissolved Air Flotation Thickener Proiect - Aareement for Professional Services. We published a Request For Proposals for engineering services for design of a second dissolved air flotation thickener (DAFT) at the wastewater treatment plant. Of the five respondents to the RFP, the Wastewater and Public Works staff chose Carollo Engineers of Boise to recommend to Council as our consultant. The current DAFT is coming very close to being overtoaded and is being operated nearly 20 hours a day (full-time during both shifts)w A very preliminary cost estimate of the construction project is $650,000 to $800,OOOw Carollo Engineers designed and managed the construction of the $1 w4 million biosolids dewatering facility that was completed in 2000. A copy of their proposed agreement for this project is enclosed (an original signed by their firm will be submitted to me Tuesday according to their Project Manager)w Recommended Council Action: Award the agreement for professional services for the Dissolved Air Flotation Thickener Project to Carollo Engineers in a lump sum amount of $95,877.00 and authorize the Mayor to sign and City Clerk to attest the agreement . Page 2 (r-- - 2) Well No~ 10 & Watertower Landscaoe Proiect - Aareement For Professional Services. Public Works solicited proposals from The Land Group to provide landscape design services for Well NO.1 0 (located at Jericho and Willowbrook) and the entire watertower lot east of Zamzows~ These services will include only pre- design so that the final construction design costs can more accurately be determined. Two separate agreements with The Land Group are proposed for the following lump sum amounts. Well No. 10 Pre-design: Watertower Pre-design: $1,600~OO $2,050.00 The City is very familiar with The Land Group's work as both our consultant (Ustick Reservoir Landscape Project, Generations Plaza) and as a developers' consultant. Recommended Council Action: Award the agreement for professional services for the Well No. 10 and Watertovver Landscape Projects to The Land Group in lump sum amounts of $1,600 and $$2,050, respectively, and authorize the Mayor to sign and City Clerk to attest the agreement Thank you. Please contact me if you have any questions regarding any of these items~ ~~ . Page 3 (- STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Brighton Corporation, pertaining to the street lights in Ashford Greens No.5, a residential development in Meridian, Idaho. For good and valllable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Brighton Corporation has provided 2. street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Ashford Greens No.5 in Meridian, Idaho. The parties acknowledge that the 1 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Brighton Corporation or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its OW11 expense; and it is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being l1l1derstood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 2. street lights located in Ashford Greens No.5 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to Ashford Greens Homeowner's Association. ASHFORD GREENS NO.5 - STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Brighton Corporation its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk Brighton Corporation By: ASHFORD GREENS NO.5 - STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO, ) SS. County of Ada, On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF ,) : 58. County of ,) On thi~~y of /W~, 20 ?ll , before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull known to me to be the President of Brighton Corporation, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~U"aCUiQHQI._ ~fI>f)~..CCA A. ~ ~ ~rJPfPOOOoo;,~ '4!. IT -~ rP ~ ~ sJ ~l ~OTA4'~ :. \ g ~ &. <<::11oo0_ * ;: i \ PUBL'C I ~<.p.o ~ ~ ~ 0$ 0 ~~ ~ r.tJJ&etjoeooeO ~ ~Qq<< lJ 0 F 1"0 ~ "8""'16a.""'- NO R B~IDAH RESIDING AT VAfdJt~~,Vd~ MY COMMISSION EXPIRES /~,!/: d{?J.I.r-- ASHFORD GREENS NO.5 - STREET LIGHT AGREEMENT Page 3 RECORDED - REQUEST OF ;';;;;:, CU~i~TY RECOROE~ . . v ; 0 /; \ n lJ ~::\ V r~. R R tj .. . "'"I' 1 .. '~ 7', I l""": .~. I , r ~ ZOO 1 0 E 2 1 P ~1 1: 5 2 FE~ DEPUTY 3fr lOl135900 MERJDU\N CI fl ~. STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Bri~hton Corporation, pertaining to the street lights in Ashford Greens No.5, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Brighton Corporation has provided 2 street light poles, concrete pole bases, fixtures, bulbs, and components to the. residential development known as Ashford Greens No.5 in Meridian, Idaho. The parties acknowledge that the 1 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Brighton Corporation or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the ~ street lights located in Ashford Greens No.5 in the usual and customary manner. 4. It is -agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to Ashford Greens Homeowner's Association. ASHFORD GREENS NO.5 - STREET LIGHT AGREEMENT Page 1 /- ( This AGREEMENT shall be binding on Brighton Corporation its heirs, successors and assigns, and the CITY OF MERIDIAN. ~#daYOf ~. , 20 0 I . I Dated this CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ATTEST: By ~/h>tJ.d8y Cow.cl/: /Z -1'1-0 { R,.rt-'! f.~~ L ..... ~~ .... . ~ (~.'~': ~ .:- ~~- '., . "~:_/" 0: ~.~~. -- "1a . ",I,~,'r 1~' ..~:~ ~\.~:;;EsT:~~~~!~~,~;:d~ Brighton Corporation By: ~~// David W. Turnbull, Presici;~r ASHFORD GREENS NO.5 - STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO, ) ss. County of Ada, ) On this~ay of Dec.e.\l\i eY , 20~, 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 frrst above written. SEAL ,.' ,.'-..... ."f.,,, ~~.., ~ L. S A... ~##,# ~.. ~~ C .... <CJ'/.t ~ '., ~ _~.. -.. ~:r1lo.'" $ r: ...~r \ $" +oTA~~ -.. ~ = ~*: - * · ~... 1 : : \ c: ~ .. /JUB\..\:A : --. 0 - ~ .p e. ~ ~#. )>-1 ......... ~~ tt.' ~..f'<< 1'~ OF \" .,.. 'I,. ,.' ........,.. Y PUBLIC FOR IDAHO 81 G AT lY/er/d/llt1 OMMISSION EXPIRES O~;2.d/(J? / STATE OF ,) : ss. County of ,) On thi~~y of /Vr~, 20 ?ll , before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull known to me to be the President of Brighton Corporation, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NO R B~DAH RESIDING AT fA I 'd I ~.J . Vd~ MY COMMISSION EXPIRES /~#p: ~/.r- ASHFORD GREENS NO.5 - STREET LIGHT AGREEMENT Page 3 ( December 14, 2001 MERIDIAN CITY COUNCil MEETING APPLICANT REQUEST Bear Creek No.3 Streetlight Agreement December 18,2001 ITEM NO. 5-L AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS ~vU Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ( Memo RECEIVED DEe 1 4 2001 To: Mayor Corrie ~ 0 From: Brad Watson, P.E. / /' CC: File, Gary Smith, PE, City Clerk Date: 12/14/01 Re: Proposed Agenda Items for December 18 City Council Meeting City Of Meridian City Clerk Office @) The Public Works Department respectfully requests that the following items be placed on the December 18 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Ashford Greens NO.5 Subdivision Streetliaht Aareement. This is a standard agreement for subdivisions using non-standard streetlights. A copy of the agreement, signed by the developer, is enclosed. Recommended Council Action: Approval Bear Creek No. 3 Subdivision Streetliaht Aareement This is a standard agreement for subdivisions using non-standard streetlights. A copy of the agreement, signed by the developer, is enclosed. Recommended Council Action: Approval 3) White Drain Trunk Sewer - Edith CooDer Easement It was discovered during title searches that another property owner owns a 25-foot strip of land across which the White Drain Trunk must cross. This strip of land is between the Dale Cooper and John Kennedy easements, both of which have already been approved. Copies of the owner-signed easement and right-of-way contract are enclosed. Recommended Council Action: The Public Works Deparbnent recommends that City Council accept the permanent and temporary sewer easements from Edith Cooper, approve the Right-of-Way contract, and authorize the Mayor to sign and the City Clerk to attest these documents. From the desk of. .. Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898--5500 Fax: (208) 887...1297 watsonb@ci.meridianidus ( 4) South Slouch Sewer Extension - Kennivick, at al Easement. This permanent and temporary construction easement is located on the southwest comer of Ustick and Eagle Roads. A copy of the owner-signed easement is enclosed. Recommended Council Action: The Public Works Deparbnent recommends that City Council accept the pennanent and temporary construction easements from Jack and Mary Anne Kennivick, Lyle and Donna Cobbs and Richard and Kathleen Jordan, and authorize the Mayor to sign and the City Clerk to attest the agreement 5) Five Mile Sanitary Sewer Latecomers Aareement. This item was first brought before Council on September 18. After a detailed fee analysis by Public Works at the request of City Council and the Woodbridge Subdivision developer, Public Works has developed a latecomer agreement acceptable to O'Neill Enterprises (see attached letter from Derrick O'Neill dated December 4, 2001). As a result of our analysis, the latecomer fee has changed from the originally proposed $23701acre to $1706/acre. O'Neill Enterprises conditioned their concurrence with the latecomer agreement on their ability to enter into a payment schedule as outlined in that letter. Although Public Works is not opposed to the idea of a payment schedule for O'Neill Enterprises, it is, in our opinion, a separate issue that should be evaluated by the Finance Department. Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the Five Mile Sanitary Sewer Latecomers Agreement and authorize the Mayor to sign and the City Clerk to attest the agreement We request that the following items be placed on the December 18 City Council agenda, under Public Works Deparbnent Reports, for Council's consideration: 1 ) \N\NTP Dissolved Air Flotation Thickener Proiect - Aareement for Professional Services. We published a Request For Proposals for engineering selVices for design of a second dissolved air flotation thickener (DAFT) at the wastewater treatment plant. Of the five respondents to the RFP, the Wastewater and Public Works staff chose Carollo Engineers of Boise to recommend to Council as our consultant. The current DAFT is coming very close to being overtoaded and is being operated nearty 20 hours a day (full-time during both shifts). A very preliminary cost estimate of the construction project is $650,000 to $800,000. Carollo Engineers designed and managed the construction of the $1.4 million biosolids dewatering facility that was completed in 2000. A copy of their proposed agreement for this project is enclosed (an original signed by their firm will be submitted to me Tuesday according to their Project Manager). Recommended Council Action: Award the agreement for professional services for the Dissolved Air Flotation Thickener Project to Carollo Engineers in a lump sum amount of $95,877.00 and authorize the Mayor to sign and City Clerk to attest the agreement . Page 2 2) Well No. 10 & Watertower Landscape Proiect - Aoreement For Professional Services. Public Works solicited proposals from The Land Group to provide landscape design services for Well No. 10 (located at Jericho and Willowbrook) and the entire watertower lot east of Zamzows. These services will include only pre- design so that the final construction design costs can more accurately be determined. Two separate agreements with The Land Group are proposed for the following lump sum amounts. Well No. 10 Pre-design: Watertower Pre-design: $1,600.00 $2,050.00 The City is very familiar with The Land Group's work as both our consultant (Ustick Reservoir Landscape Project, Generations Plaza) and as a developers' consultant. Recommended Council Action: Award the agreement for professional services for the Well No. 10 and Watertower landscape Projects to The land Group in lump sum amounts of $1,600 and $$2,050, respectively, and authorize the Mayor to sign and City Clerk to attest the agreement Thank you. Please contact me if you have any questions regarding any of these itemse /~ . Page 3 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Bear Creek'l L.L.C., pertaining to the street lights in Bear Creek Subdivision No.3, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Bear Creek'l L.L.C. has provided ~ street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Bear Creek Subdivision No.3 in Meridian, Idaho. The parties acknowledge that the 2 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Bear Creek'l L.L.C., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Bear Creek'l L.L.C., or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the .2. street lights located in Bear Creek Subdivision No.3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Bear Creek'l L.L.C. will assign its rights and obligations hereunder to The Bear Creek Homeowner's Association when said Homeowners Association is formed and operational. BEAR CREEK NO.3 - STREET LIGHT AGREEMENT Page 1 ( This AGREEMENT shall be binding on successors and assigns, and the CITY OF MERIDIAN. . its heirs, Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk Bear Creek, L.L.C. BEAR CREEK NO.3 - STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO, ) ss. County of Ada, ) On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF ~~ ,) : SSe County of ,A c\ c~ ,) On this 13 day of De(e~bc~.- , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared & r-t'j ~ h Y\~O Y"\ , known to me to be the Managing Member of l.~eo..r- C't-eek h\-. ("J ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ",-:.~H:iaJ:4" '\ \. '\... - ,,\~ . .....'~ \J ~A. L. 1l 'J.:~~ ,'" <1....-\ ....... 0 A ~ ~(. SEAL ' v... ocr: ~" .: ~~ ... .. ~ ~~ -- ~. TA · ~~ po :: .r....1 0 ~ L... ~ ~. . \. ~ ~.... ~ . . ~ ~ * : ~.- : * ~ ~ 0 . ::; :. ~.P lJ B 1 \ c: /;' ~ ~ ~ ~ ~ ~:;. 'lP?> ... ....,,,:\.0 :,::.' "'q At "h ....... h.. "\.1" ~~. ;~ ~ ~ .('b -('"\ ):... (.<), t'" .c 0 F Iy ~'t~" ." "," ,t I r '.: .:- ~ ~ ::! ~ ~ 'j ~ ':. t. ,./,.~ ';Jt&/AI~ of &~ NOT Y PUBLIC FOR IDAHO RESIDING AT~-,O.(ol)-- "2'31 MY COMMISSIO EXPIRES ?? /~ 9 0 / , BEAR CREEK NO.3 - STREET LIGHT AGREEMENT Page 3 ZOOI DE 2 I PM I: 52 .~ .-CORDED - REQUEST Of { FEE~OEPU1'i ~1 \ 0 , I 3 5 8 9 9 MERIDIAN Cj rv / \, .. r..... r fJ tt "J;! T Y R ~ COR 0 E R I , U M \.1 L' t 1 - _: 0 t\'.t! [1 ;'~I\V ^. RRO ,J. ~,,~..~.:- ::- i" :;~. '\ . . . _ . I ~. STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Bear Creek" L.L.C.., pertaining to the street lights in Bear Creek Subdivision No.3., a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Bear Creek" L.L.C. has provided 2. street light poles, concrete pole bases, fixtures, hulbs, and components to the residential development known as Bear Creek Subdivision No.3 in Meridian, Idaho. The parties acknowledge' that the ~ street light poles and appurtenances were specially ordered items,. not customarily used in residential developments in Meridian, Idaho. 2. Bear Creek" L.L.C.'t or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereot: that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Bear Creek" L.L.C." or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the ~ street lights located in Bear Creek Subdivision No.3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. 5. It is understood and agreed that Bear Creek" L.L.C. will assign its rights and obligations hereunder to The Bear Creek Homeowner's Association when said Homeowners Association is formed and operational. BEAR CREEK NO.3 - STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on BettI- Cree/c-~ L~ L, C. . its heirs, successors and assigns, and the CITY OF MERlDIAN. ' dayof lO~. , 20 0 ( . Dated this ;LO CITY OF MERlDIAN, a municipality and Political subdivision of the State of Idaho By A TrEST: di~~ William G. Berg, Jr., Ci Bear Creek, L.L.C. By BEAR CREEK NO.3 - STREET LIGHT AGREEMENT Page 2 ( STATE OF IDAHO, ) ss. County of Ada, ) On this~y of De.c.e.....l.e' . 20~, 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. ..' ............ ... L ~~ ~,'~'\C~ · 84,/ ~... I',.~ ~~ ~, "I{"'~ ! ~OTA.~ \ \ SEAL : * .....~ * : \ ~lTBL$, j ~ . ~..."'~ ~O.l '':8 OF \1>~' ...........,. STATEOF ~~ ,) County of ;AdC\.. ,) : SSe On this 13 day of De(e~bc>>.- ., 20-52L before me, the undersigned, a Notary Public in and for ~aid State, personally appeared ~T-e5 T (() h r.~o 'r\ ,known to me t.o ~e the Managmg Member of ~ec\.r- CT-~eJc l-k ( ., and who executed the WIthin instrument on be~f of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~i 0.1111"4',# ~,~ ,,... ....~'\ ~A. L. ./) ""-I.. ~.. ~\.y ......... 0 ~ ~"'~,,> SEAL ~ ~ ... ... 0 ~ ..,~. .~"" : ~.Q ..\oTA~ l.. ~ ~ ~ .. .).~ .r.- .. . . - : * : --.~ : * : : . . : -: ~ .PlJBL\C: :: -. . ~ ~ &. e. .. """ ~ -; ~ _.. .._ "''\.. 'V .:? '''' ~ "h ...... 1'1",:,"~ ,'*:,~ '" .( l! OF \$ ~"I'" ..,~ '!1.f ...1'..~ 1,.If t'UIU 1'1'~' 'ilflf!/Ak c7f ~ NOT Y PUBLIC FOR IDAHO RESIDING AT~--,OJ;'1l- T~ MY COMMISSIO EXPIRES ?? I~ 9 0 j BEAR CREEK NO.3 - STREET LIGHT AGREEMENT Page 3 December 14,2001 MERIDIAN CITY COUNCil MEETING APPLICANT REQUEST White Drain Trunk Sewer - Edith Cooper Easement December 18, 2001 ITEM NO. 3 ,- J;1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE OEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS vo1./ OJ~ Dote: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. ( Memo RECEIVED DEe 1 4 2001 To: Mayor Conie ~ It) From: Brad Watson, P.E. / /' CC: File, Gary Smith, PE, City Clerk Date: 12/14/01 Re: Proposed Agenda Items for December 18 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the December 18 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Ashford Greens No. 5 Subdivision Streetliaht Aareement. This is a standard agreement for subdivisions using non-standard streetlights. A copy of the agreement, signed by the developer, is enclosed. Recommended Council Action: Approval 2) Bear Creek No. 3 Subdivision Streetliaht Aareement. This is a standard agreement for subdivisions using non-standard streetlights. A copy of the agreement, signed by the developer, is enclosed. Recommended Council Action: Approval @ White Drain Trunk Sewer - Edith Cooper Easement. It was discovered during title searches that another property owner owns a 25-foot strip of land across which the White Drain Trunk must cross. This strip of land is between the Dale Cooper and John Kennedy easements, both of which have already been approved. Copies of the owner-signed easement and right-of-way contract are enclosed. Recommended Council Action: The Public Works Department recommends that City Council accept the permanent and temporary sewer easements from Edith Cooper, approve the Right-of-Way contract, and authorize the Mayor to sign and the City Clerk to attest these documents. From the desk of... Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. WatertOWeI'Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 89&.5500 Fax: (208) 887.1297 VIatsonb@ci.meridianidus ( 4) South Slouch Sewer Extension - Kennivick, et al Easement. This permanent and temporary construction easement is located on the southwest comer of Ustick and Eagle Roads. A copy of the owner-signed easement is enclosed. Recommended Council Action: The Public Works Deparbnent recommends that City Council accept the permanent and temporary construction easements from Jack and Mary Anne Kennivick, Lyle and Donna Cobbs and Richard and Kathleen Jordan, and authorize the Mayor to sign and the City Clerk to attest the agreement 5) Five Mile Sanitary Sewer Latecomers Aareement. This item was first brought before Council on September 18. After a detailed fee analysis by Public Works at the request of City Council and the Woodbridge Subdivision developer, Public Works has developed a latecomer agreement acceptable to O'Neill Enterprises (see attached letter from Derrick O'Neill dated December 4, 2001). As a result of our analysis, the latecomer fee has changed from the originally proposed $2370/acre to $1706/acre. O'Neill Enterprises conditioned their concurrence with the latecomer agreement on their ability to enter into a payment schedule as outlined in that letter. Although Public Works is not opposed to the idea of a payment schedule for O'Neill Enterprises, it is, in our opinion, a separate issue that should be evaluated by the Finance Department Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the Five Mile Sanitary Sevver Latecomers Agreement and authorize the Mayor to sign and the City Clerk to attest the agreement We request that the following items be placed on the December 18 City Council agenda, under Public Works Deparbnent Reports, for Council's consideration: 1 ) VV\NTP Dissolved Air Flotation Thickener Proiect - Aareement for Professional Services. We published a Request For Proposals for engineering services for design of a second dissolved air flotation thickener (DAFT) at the wastewater treatment plant. Of the five respondents to the RFP, the Wastewater and Public Works staff chose Carollo Engineers of Boise to recommend to Council as our consultant. The current DAFT is coming very close to being overloaded and is being operated nearly 20 hours a day (full-time during both shifts). A very preliminary cost estimate of the construction project is $650,000 to $800,000. Carollo Engineers designed and managed the construction of the $1.4 million biosolids dewatering facility that was completed in 2000. A copy of their proposed agreement for this project is enclosed (an original signed by their firm will be submitted to me Tuesday according to their Project Manager). Recommended Council Action: Award the agreement for professional services for the Dissolved Air Flotation Thickener Project to Carollo Engineers in a lump sum amount of $95,877.00 and authorize the Mayor to sign and City Clerk to attest the agreement . Page 2 2) Well No. 10 & Watertower Landscape Praise! - Aareement For Professional Services. Public Wor1<s solicited proposals from The Land Group to provide landscape design services for Well No. 10 (located at Jericho and Willowbrook) and the entire watertower lot east of Zamzows. These services will include only pre- design so that the final construction design costs can more accurately be determined. Two separate agreements with The Land Group are proposed for the following lump sum amounts. Well No. 10 Pre-design: Watertower Pre-design: $1 r600.00 $2,050.00 The City is very familiar with The Land Group's work as both our consultant (Ustick Reservoir Landscape Project, Generations Plaza) and as a developers' consultant. Recommended Council Action: Award the agreement for professional services for the Well No. 10 and Watertovver Landscape Projects to The Land Group in lump sum amounts of $1,600 and $$2,050, respectively, and authorize the Mayor to sign and City Clerk to attest the agreement Thank you. Please contact me if you have any questions regarding any of these items. I~ . Page 3 - ~~ ~~.r.,~lil1 L~lter of Transmittal Date: December 10, 2001 ]RBCEJIVED o E C ~ (! ZOO 1 To: Brad Watson, P.E., City Engineer, City of Meridian Subject: White Drain Sewer Trunk MERIDIAN CITY ENGINEER Enclosed are the following items: Date 12-10-01 Copies 1 No. Description 1 Edith Cooper Easement Documents Brad, Please find the attached Right -of-Way Contract and Easement documents for the Edith Cooper parcel. Further title report and County record research identified Edith Cooper as retaining ownership of the 25 foot strip of land that is excepted from the Dale E. Cooper parcel (25' strip along the easterly line of the Dale Cooper property). This easement has been donated through the attached Right-of-Way Contract by Edith Cooper and does not have any additional donation stipulations. Please call me if you should have any questions. These are transmitted: o For your files o For action 0 For review specified above and comment [g] For your use 0 As requested Sincerely, KELLER ASSOCIATEMNC. , 1 ~ .! . --._-..;-::~ r~-/' r Enclosure(s) cc: Project No: 199062 131 SW 5TH A VENUE, SUITE A, MERIDIAN, IDAHO 83642 (208) 288-1992 If enclosures are not as noted. please notify us at once. CITY OF MERIDIAN 200 E Carlton St., Suite 100 Meridian, Idaho 83642 RIGHT-OF.. WAY CONTRA CT LOCAL PROPERTY OWNERS PROJECT # & DESCRIPTION City of Meridian White Drain Sanitary Sewer Trunk, Ten Mile Rd. to Locust Grove Rd. PARCEL # & OWNER S0436~~Oi Edith E. Cooper ' DATE OF OFFER -PfL,EjIA(,t _0,7A8{ THIS RIGHT-OF-WAY CONTRACT, made this \Vt?\ day of ~~, 2oQL, between the City of Meridian, acting by its Mayor and Council, by the Public Works Director or his authorized representative. herein called "CITY" and Edith E. Cooper herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Pennanent Sewer Line Easement and Temporary Construction Easement included herewith as Exhibit "A-I", Exhibit "A-2", and Exhibit "B": NOW THEREFORE, the parties hereto agree as follows: I. GRANTOR agrees to donate the following easements to the CITY OF MERIDIAN: ITEM DESCRIPTION AREA (Ac). Permanent Easement Temporary Easement 0.0 I 5 0.024 Additional Stipulations: For Mutual Benefits. 2. This Contract shall not be binding unless and until executed by the Public Works Director and the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction, and maintenance of the proposed sanitary sewer line. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. CITY of ~dian By ~ fkj~ 11-/14/ ~I Gary Smith, .E., Public Works Director ' GRANTORS: By: ~rL ~cj_ --;F;~~/?).:~ /..__~ I Printed: .L-' (l (1- Ii (: l..! c~) r~ ~ I By: Robert Corrie, Mayor Date: 1:1, J.; r /" )(1 ,02 (-'i ('1 / { / Social Security Number: >.? - / /', .- Jtr'h~;/ ATTEST: By: Title: Printed: City Council Approval Date: Date: 11/26/0 I j' STATE OF IDAHO SSe County of Ada On this ~ day of ~~z..-- , 2cill , before me, M bZ,q~1. Notary Public in and for the State of Idaho, personally appeared E::P1711 f3. 60~-z- known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that (he/she/it/they) executed the same. ,8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publi Residing at 0'5 My commission expires ~ ..r ./~~~"+--- 1 1 /26/0 1 SANITARY SEWER EASEMENT -1'"' ~ This Sanitary Sewer Easement (the "Agreement") is made and entered into this 10 day of -1/Y'frA'v1~f~ 20..,QL, by and between Edith E. Cooper, the "Grantor(s)," and the CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "Grantee." Recitals: A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A-1" & "A-2" attached hereto (the "Servient Estate"). B. Grantee desires to provide for a sanitary sewer trunk line across the Servient Estate and adjacent properties, and in connection therewith desires to obtain an easement to construct, install and maintain said trunk line system over and across the Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/are) willing to grant the same to Grantee. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOllOWS: 1. Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and across the Servient Estate for the transportation and delivery of sewer water across the Servient Estate, and for the construction, installation, operation, maintenance, repair and replacement of a sanitary sewer trunk line system on the Servient Estate reasonably necessary for such purpose (the "Easement"). The Grantee's use of the Servient Estate is not exclusive, but other uses of the Servient Estate by Grantor(s) shall not interiere with the Grantee's Easement and its expected uses thereof. Grantor(s) further grant(s) to Grantee: a. The right to grade the gravel maintenance road located within the perpetual easement; b. The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on the easement that may interiere with the exercise of Grantees rights under this instrument; c. The right to install, maintain and use gates in all fences that now cross or shall hereafter cross the easement; d. The right to mark the location of the pipeline by suitable markers set in the ground, provided that such markers shall be placed in fences or other locations that will not interfere with any reasonable use Grantor shall make of the easement; e. The right to construct future manhole(s) over and service and main connections to this sewer trunk line. 2. Construction, Installation and Maintenance. At its sole cost and expense Grantee shall construct and install the system within the Servient Estate, the construction and installation thereof to be performed in accordance with plans and specifications prepared by Grantee at its sole cost and expense and reviewed by Grantor(s) prior to the commencement of construction. By reviewing such plans and Permanent Easement Page 1 of 3 specifications Grantor(s) assume(s) no responsibility for any deficiencies or inadequacies in the design or construction of the system, and the responsibility therefor shall be and remain in Grantee. After construction and installation is completed, at its sole cost and expense Grantee shall maintain the system in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of Grantee and sound engineering practices, and Grantee shall have access to and from and over and across the Servient Estate for the purposes of such repair and maintenance. If the adjoining property owned by Grantor(s) or the surface of the Servient Estate where the system is buried is damaged as a result of the construction or use or repair and maintenance of this Easement by Grantee, Grantee, at its sole cost and expense, shall repair and restore the same, to the extent reasonably practicable, to the same condition it was in prior to such damage. 3. Covenant Aqainst Permanent Improvements. Grantor(s) covenant(s) and agree(s) that (he/she/it/they) will not interfere with Grantee's use of this Easement, or with Grantee's ability to repair and maintain the system thereon, and hereby covenant and agree that, except for such fencing as is reasonably required by Grantor(s) to secure (his/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) will not construct any permanent improvements on the Servient Estate or plant any trees or similar substantial perennial plants thereon. 4. Indemnification. Grantee shall indemnify and save and hold Grantor(s), (and each of them,) from and against all claims, actions or judgements, for damages, injury or death caused by or arising out of the failure or neglect of Grantee to properly construct, install, repair or maintain the system on the Servient Estate. 5. Covenants Run with the Land. This Easement shall be a burden upon the Servient Estate and shall run with the land. 6. Attorney's Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover their or its costs incurred therein, including reasonable attorney's fees. 7. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. 8. Successors and Assiqns. This Agreement, the Easement herein granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the above- described Dominant and Servient Estates, or any portion thereof. 9. Recordation. This Agreement shall be recorded in the Real Property Records of Ada County, Idaho. Permanent Easement Page 2 of 3 IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year set forth above. CITY of Meridian GRANTORS: By Gary Smith, P.E., Public Works Director By: 0~ rl' ~ -/- ;t;< Z:;;-T'--!--'~; ".~ I By: Robert Corrie, Mayor v' Printed: ~-~I /' + /7- (-' (; () /,~:J &- )/~ / ,,,\ Date: h ~~,. / d, 2ud / ./ Social Security Number~1j /Y)'-. 'A - 3<;Yl(.J ATIEST: By: Title: Printed: City Council Approval Date: Date: STATE OF IDAHO 58. County of Ada On this c (jth day of~Lf-i,}1 Gt~ , 20 vi , before me, ~.>-~ t::-. ~~ CJ:-.5.s1'-' , a Notary Public in and for the State of Idaho, personally appeared ~*rt ~0f>~-d?:- , known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that (he/she/it/they) executed the same~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abo:e written", :>' (\ ----r-I/~ \ ) -}~ Notary Public,~dabo Residing at ~ My commission expires ~ Permanent Easement Page 3 of 3 ( LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50436346650 OWNED BY Edith E. Cooper This permanent sanitary sewer easement is situated within the Wlj2, Elj2, 5Wlj 4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at the intersection of the West boundary and South boundary of Section 36, said point also being the Southwest corner of said Section 36; thence South 89053' East, a distance of 1329.9 feet to the Southwest corner of said W1j2, Elj2, SWlj 4 of said Section 36, thence continuing along the South boundary of said Section 36 a distance of 672.5 feet to a iron pipe against a square creosote post, said pipe being the Southeast corner of the Wlj2, El/2, SWl/4 of said Section 36; thence North along the East boundary of said Wl/2, El/2, SW1j 4 of said Section 36, 1918.8 feet to the centerline of a live irrigation ditch; thence continuing along said East boundary North a distance of 721.2 feet to the Northeast corner of said W1j2, E1j2, SW1j 4 of Section 36, to the POINT OF BEGINNING. THENCE THE FOLLOWING COURSE Thence North 89053' West, a distance of 25.00 feet to a point; Thence South, a distance of 13.45 feet to a point; Thence South 54044'49" East, a distance of 36.60 feet to a point on the East boundary of said W1j2, E1/2, SWlj 4 of said Section 36; Thence North along said East boundary line a distance of 39.99 feet to the POINT OF BEGINNING. The easement described contains 0.015 acres more or less. EXHIBIT A-I 5 89'53' E W 1/4 COR. SEC~ANO NORTH LINE OF PARCEL _ /"" ~OEEO ~ ~CO~.' f .~.. I YVS~~.\~ -- ---- ",,- - - _ _ /,,! 1./ P.O.B. / " / 18 . PERMANENT EASEMENT 7 P 0 B" I / I I g: /O.015:tAC. /'.'\ I II~ ) ~ . . 'in 25.00' - - -\ t DAL{E. COOPER I ~ l,:i en lnst. #9029968 I ~ I ~ ~ ; I ~~~5XCEpnON ~: ' ~ YL ~ / I L-~ I I !/ I I \ I S 5t4'49- E 36.60' :!: I l ~ '" I / I. o '-...... I / I Cl ~W -L_~ I~ ~ . 5 I Co W ro o I:U'J~ 1m 3 I ~ o z C 1/4 COR. I SEC. 36 I! i= ~ . VI ~ ~ I EDITH E. COOPER lnst. #808388 z SECTION 36 T.4N., R.IW., B.M. SW 1/4 I sw COR. ~C. 36 1329.9' DEED - -6 -----E2.5' .DEED SECTION LINE W. USTICK ROAD ~S 1/4 COR. SEC. 36 S 89'53' E REV. NO, DESC. BY: CKID: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _B.<.L DATE: _~~ -.!_, 2001- PROJECT: CK'DBY: --~ SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE APPROVED: CITY ENGINEER DATE LEGAL: A PORTION OF SEC, -~I DWG. No: RW,_,_,_,_ T,!..N., R..LW" 8,M., ADA COUNTY, IDAHO, SHEET 1 OF _ EXHIBIT A-2 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this L day of 'Vf~.f/'1Gf1- , 1i~!I, Edith E. Cooper, the "GRANTOR" and THE CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to the GRANTEE an easement (the "EASEMENT") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described or depicted on Exhibit "8" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses bv GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a sanitary sewer trunk for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such sewer construction and improvement, and for ingress and egress to and from the area of construction. 2. Use bv Others Under GRANTEE. The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's elected officials, employees, contractors and agents. 3. Term This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminate on the completion of the sanitary sewer trunk project construction. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shall result from the use of the Servient Estate by GRANTEE, its elected officials, employees, contractors and agents, hereunder. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. 6. Bindinq Effect This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns. Temporary Easement Page 1 of 2 TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth. GRANTOR covenants to the GRANTEE (a) that the GRANTEE shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to GRANTEE. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by (alternate, if Grantor is a corporation or other entity: "and on behalf of the') GRANTOR, the day, month and year herein first above written. CITY of Meridian GRANTORS: By Gary Smith, P.E., Public Works Director By: df:L~ Jk, < -C:-;J-/di=-.~ _ '1.'- II Printed: I:::/"/ / '/~fr. ~. rO;(/P ~__ OJ. ,-"' . ~ / Date: !J.f?P-_ / /i:'J.('\:':./ } ~ By: Robert Corrie, Mayor Social Security Number:~ /9 -/0..- _-:i'c ':"SJ'~ ~ ATTEST: By: Ti tIe: Printed: City Council Approval Date: Date: Temporary Easement Page 2 of 2 W 1/4 COR. SECTION LINE AND NORTH LINE OF PARCEL I W 1/4 CO~. __ = _ _ _ _ SEC. 3~ --..... . "" / . PERMANENT EASEMENT7 P O~B ~.015:l:AC. / · . · ) . -'u.' ~ 10 25.00' \} DALE E. COOPER I ~ en Inst. #9029968 ~ ~ 25' EXCEPTION I Y '>-- "' I / DEED I I I " /" "-...Z --- L - - .30' TEMPORARY EASEMENT 0.024:1: AC. o <( o a:: w 0::: . 5 w ~ I ~ --1 S 89'53' E / 672.5' DEED ~ \ C 1/4 COR. .f - ~~.. 15EC.36 - - ~ ,./ P.O.B. I / I 8 / II~ / I I~ I ~ I ~ I ... I " ?l tL~EDITH E. COOPER I Jnst. #808388 I I I I . f3 I ~ I ~ , en I ~ 0:: o Z , tI.1llI ( z SECTION 36 T.4N., R.1W., B.M. SW 1/4 I 5W COR. CC. 36 _ 1329.9' DEED _~ ~2.5' DEED SECTION LINE W. USTICK ROAD ~ ~ 5 1/4 COR. SE C. 36 S 89'53' E REV. NO. DESC. BY: CKID: CITY OF MERIDIAN PUBLIC WORKS ORA WN BY: _B.<L DATE: _tiQ~ -.1_, 2001- PROJECT: CK'DBY: --~ SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE APPROVED: CITY ENGINEER DATE LEGAL: A PORTION OF SEC. -~r DWG. No: RW._ _ __ T.!..N., R.1-W., 8.M., ADA COUNTY, IDAHO. SHEET 1 OF _ EXHIBIT B December 14, 2001 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST South Slough Sewer - Kennivick, at 01, Easement December 18, 2001 ITEM NO. ~-N AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS Date: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. Memo RECEIVED DEe 1 4 2001 To: Mayor Corrie ~ tf.t) From: Brad Watson, P.E. / /' CC: Filef Gary Smith, PE, City Clerk- Date: 12/14/01 Re: Proposed Agenda Items for December 18 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the December 18 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Ashford Greens No.5 SubdMsion Streetliaht Aareement. This is a standard agreement for subdivisions using non-standard streetlights. A copy of the agreement, signed by the developer, is enclosed. Recommended Council Action: Approval 2) Bear Creek No. 3 Subdivision Streetliaht Aareement This is a standard agreement for subdivisions using non-standard streetlights. A copy of the agreementf signed by the developerf is enclosed. Recommended Council Action: Approval 3) White Drain Trunk Sewer - Edith Coooer Easement. It was discovered during title searches that another property owner owns a 25-foot strip of land across which the White Drain Trunk must cross. This strip of land is between the Dale Cooper and John Kennedy easements, both of which have already been approved. Copies of the owner-signed easement and right-of-way contract are enclosed. Recommended Council Action: The Public Works Deparbnent recommends that City Council accept the permanent and temporary sewer easements from Edith Cooper, approve the Right-of-Way contract, and authorize the Mayor to sign and the City Clerk to attest these documents. From the desk of... Brad Watson, P.E. . City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898..5500 Fax: (208) 887-1297 \V3tsonb@ci.meridian.idus CJ South Slouah Sewer Extension - Kennivick, et al Easement. This permanent and temporary construction easement is located on the southwest comer of Ustick and Eagle Roads. A copy of the owner-signed easement is enclosed. Recommended Council Action: The Public Works Deparbnent recommends that City Council accept the permanent and temporary construction easements from Jack and Mary Anne Kennivick, Lyle and Donna Cobbs and Richard and Kathleen Jordan, and authorize the Mayor to sign and the City Clerk to attest the agreement 5) Five Mile Sanitary Sewer Latecomers Aareement. This item was first brought before Council on September 18. After a detailed fee analysis by Public Works at the request of City Council and the Woodbridge Subdivision developer, Public Works has developed a latecomer agreement acceptable to O'Neill Enterprises (see attached letter from Derrick O'Neill dated December 4, 2001). As a result of our analysis, the latecomer fee has changed from the originally proposed $2370/acre to $1706/acre. O'Neill Enterprises conditioned their concurrence with the latecomer agreement on their ability to enter into a payment schedule as outlined in that letter. Although Public Works is not opposed to the idea of a payment schedule for O'Neill Enterprises, it is, in our opinion, a separate issue that should be evaluated by the Finance Department. Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the Five Mile Sanitary Sevver Latecomers Agreement and authorize the Mayor to sign and the City Clerk to attest the agreement We request that the following items be placed on the December 18 City Council agenda, under Public Works Deparbnent Reports, for Council's consideration: 1) VV\NTP Dissolved Air Flotation Thickener Proiect - Aareement for Professional Services~ We published a Request For Proposals for engineering services for design of a second dissolved air flotation thickener (DAFT) at the wastewater treatment plant. Of the five respondents to the RFP, the Wastewater and Public Works staff chose Carollo Engineers of Boise to recommend to Council as our consultant. The current DAFT is coming very close to being overloaded and is being operated nearly 20 hours a day (full-time during both shifts). A very preliminary cost estimate of the construction project is $650,000 to $800,000. Carollo Engineers designed and managed the construction of the $1.4 million biosolids dewatering facility that was completed in 2000. A copy of their proposed agreement for this project is enclosed (an original signed by their firm will be submitted to me Tuesday according to their Project Manager). Recommended Council Action: Award the agreement for professional services for the Dissolved Air Flotation Thickener Project to Carollo Engineers in a lump sum amount of $95,877.00 and authorize the Mayor to sign and City Clerk to attest the agreement . Page 2 2) Well N04 10 & Watertower Landscape Proiect - Aareement For Professional Services. Public Works solicited proposals from The Land Group to provide landscape design services for Well No. 10 (located at Jericho and Willowbrook) and the entire watertower lot east of Zamzows. These services will include only pre- design so that the final construction design costs can more accurately be detennined. Two separate agreements with The land Group are proposed for the following lump sum amounts. Well No. 10 Pre-design: Watertower Pre-design: $1,600.00 $2,050.00 The City is very familiar with The Land Group's work as both our consultant (Ustick Reservoir Landscape Project, Generations Plaza) and as a developers' consultant. Recommended Council Action: Award the agreement for professional services for the Well No. 10 and Watertower Landscape Projects to The Land Group in lump sum amounts of $1,600 and $$2,050, respectively, and authorize the Mayor to sign and City Clerk to attest the agreement Thank you. Please contact me if you have any questions regarding any of these items. /~ . Page 3 ~t.rt~ '2>locJ~ ~ SANITARY SEWER EASEMENT THIS INDENTURE, made this ].../ day of October 2001 between Jack C. Kennevick and Mary Anne Kennevick, husband and wife, Lyle R. Cobbs and Donna L. Cobbs, husband and wife, and Richard L. Jordan and Kathleen A. Jordan, husband and wife, the parties of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATIACHED EXHIBITS BA" AND U8") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer fine and allied facilities, together with maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract t~inates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement SANITARY SEWER EASEMENTT Page 1 of 5 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. G STATE OF IDAHO) ) 58 County of Ada ) (../' '" __....c~ .. . :fi/l . ,/, 1~ .,~,;. I / , Y1 / / ' On this /\ day of :h '-- , 2001, gefwe m ,:/' /Fljll; -;,01) \ '.......... t'JllL,!:, 1 personally appeared tI k J, I It i j / tI 1~{;u!'f: V~I/Proved to me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrurr:tent, and acknowledged that they executed the same~ '\ /, ) 11./c NOTARY PUBLIC FOR [ AHO My Commission Expires on / ,/ ; /f / / / I~ '/0.. . , ;:. / /" . ( . . '\,. fE' / /1 t..t... _.... SANITARY SEWER EASEMENT, Page 2 of 5 /~;r ~ C~~ Lyre/R. Cobbs --. ~j~;pv?ZeV ~ }tJ~/k Donna L. Cobbs STATE OF IDAHO) ) 55 County of Ada ) .-- - //) II On this JIlt-day of / '~16 'j( J 200J, before;ne .J:; ;J5 (j -;;J I personally appeared L !! i.- h. D/J f) \ . iJ..rll/fr j ("riA j I proved to me on the bases of satisfactory evidence t6 be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. !//)!,~..I) .. NOTARY PUBLIC FOR IDAHO t--"~ ~..~~", 0 H ~ .~ wi.. Q./ (). IIr ~ ! !:..,.:)/ 0 \ :~ ~ 91 g ~ I )" '. *? ~ : -< ~ c'-,L ,.. f-IJ -:. (/2 \, .(" 0 c-, \. cP-~".... IV I ~.. 0 1'''.,.... It ~f/fj -. V rY I"i '!Itf/fj .... Q NV\ u ...... ........ ..a...... My Commission Expires on / ht;{)/,/ SANITARY SEWER EASEMENT, Page 3 of 5 Richard L. Jordan ~~L Kathleen A. Jordan STATE OF rDAHO) ) 58 County of Ada ) On this ('':l/I~Y &~, 2001, before me...!!U1lfrA/ C;rrju)'I?I1d/m~ personally appeared f(".('f:.uJd.Jor,fJn w;.fhlecnl h-~oved to me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrumentJ and acknowledged that they executed the same. ",_ .111.......,.. ....... c:, C H W EN -..#,. ..' ~ ........ b./: '.., ,:. (. .. .. ~-.\ ,: ~, ... .e.""y ... : ~ · -..\oT .A.. Ii ) ...,..- . ~. \--- . I- :. : ~ : : . . . ..,.~ . : i \ c:+: · *. PUB' \ · : .... ~..... ~ <P --. ..- 0 ! ." ')... ._ .I:"..... _ #1, .r ~ ....... ~"""\.? ....., *## 'FE OF \\) .... of." ~. '#, "1'. ...- ~<~J&-tU4A~~~<P ) NOTARY Lie F IDAHO My Commission Expires on 'f!/P~~Ck:)f SANITARY SEWER EASEMENT, Page 4 of 5 ( GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: SANITARY SEWER EASEMENT, Page 5 of 5