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Home My WebLink About2000 10-17 Meridian City Council - Agenda October 17,2000 at 7:30 P.M. Roll-Call: City Council Chambers X Tammy deWeerd X Cherie McCandless X Ron Anderson )( Keith Bird >( Mayor Robert Corrie Consent Aaenda A. Approve minutes of June 20, 2000, City Council Meeting: t:l~ vte-. Approve minutes of September 5, 2000, Special Pre-Council Meeting: t:l?f? ttJ~ Approve minutes of September 26, 2000, Special Meeting: aj?pnJ~ Tabled from October 3, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: ~ tv;d77 /I-g'--OD Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R-T to L-Q and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten Mile Road: -C-~-Ut t~Y II-P-'l?o Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L-O and R-15 zones by Vicki Welker I Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: I .L-.. \ if Ll -fa..6 {/ ~~J{, /f'-O-OtJ Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones by B. c. D. E. F. G. Meridian City Council Agenda - October 17 2000 - Page 1 of 5 All materials presented at public meetings shall become property of the City of fv1eridian. Anyone desiring accomrnOOation 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. ( ( H. Vicki Welker I Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: -htt;ee t~l /1-B-tJO Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-013 Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3 zone by Bond and Shelli Campbell for proposed The Hollows - north of Ustick Road % mile east of Meridian Road: 4- ~ V'.fL-. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Denial: VAR 00-021 Request for a variance to not pipe an open ditch that borders the subject parcel on the west boundary in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road ~ mile east of Meridian Road: &~J'h9 V"..e-. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road % mile east of Meridian Road: ..,/ j /npv.e Iv riZfltdCh- t'L~A./ - df?flrwve a~d. /I.,cl c/o Tabled from October 3, ~OOO: Fin~ings of Facts and Conclusions of Law for Approval: AZ 00-013 Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I-L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: e:Zf' r~VJL- Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-023 Request for a variance of the required 20-foot to a 1 O-foot wide planting strip in a proposed I-L zone for proposed Elliot Industrial Park Subdivision by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: ~v~ Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-015 Request for Preliminary Plat approval of 2 building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: a.n:rov~ Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-033 Request for a Conditional Use Permit to construct an office and shop for proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: (i/Jl?y-;;J t/ JL I. J. K. L. M. N. Meridian City Council Agenda - October 17 2000 - 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 8884433 at least 48 hours prior to the public meeting. ( (-- o. Findings of Facts and Conclusions of Law for Denial: CUP 00-041 Request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi-product gas dispensers, cashier's kiosk and parking lot improvements in a C-G zone by Barghausen Consulting Engineers - Fairview Avenue and Locust Grove: InJlV'e -fo rll ~t:Vt- tZ.~c.J Water Sewer and Trash Delinquencies: l*OrFe -to re~~ ~'^-' Findings of Facts and Conclusions of Law: Request for a Variance of the requirement to tile the Safford Lateral by the Brighton Corporation for Ashford Greens Subdivision - north of Cherry Lane and east of North Black Cat Road: a~fl1L- Reaular Aaenda P. Q. 1. (Items moved from Consent Agenda) Ordinance No. 613 : AZ 00-015 Annexation and zoning of -7 acres for proposed LOS Church by Quadrant Consulting - south of Overland Road and east of Locust Grove Road on Charolais Drive: o/ppVL- Ordinance No. g q 4- Finance Director Ordinance: Re~~~o. :J 4-4-- Approval of Salary Schedule: ~~~ Tabled from October 3, 2000: FP 00-018 Request for Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for Packard Acres Subdivision No. 2 by Packard Estates Development - south of Ustick Road between Locust Grove Road and Vintage Lane: (~M ~( /(-8'-170 Continued Public Hearing from September 13, 2000: Proposed changes to the Landscape Ordinance by the City of Meridian: L (,91/V-f> /uA< /' I /I /t; /1- 9 -t?O Continued Public Hearing from October 3, 2000: PP 00-014 Request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision by John and Sandra Goade - Waltman Lane and SW 5th Street: C ~'f> ~ jJ /I'L -/c::; 1/- fJ - ~o Public Hearing: VAC 00-008 Request for vacation of the easement common to lots 14, 15, 18 and 19 of Block 2 in Honor Park Subdivision No. 3 in a C-G zone by Briggs Engineering - south of Franklin Road abutting the west side of Stratford Drive generally between Scenery Lane and Schiller Lane: rfl ~ I ~~!J fa rf?ev-.R -r I : .!f( e ~ 2. 3. 4. 5. 6. 7. 8. Meridian City Council Agenda - October 17 2000 - Page 3 of 5 All materials presented at pubnc 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. ( Public Hearing: VAR 00-018 Request for variance to the current Landscaping Ordinance to permit landscaping in compliance with the proposed Landscaping Ordinance by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue: Pi- ~'(J -fo ;r-<-/'.:r~ -/ l"c i' e:-/ ./L CUP 00-045 Request for a Conditional Use Permit to allow a telephone call center in an I-L zone by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue: - r/LJ. I' 0 a.~ (-0 ~f' ~ -f{' 'f e .-t... FP 00-020 Request for Fined Plat approval of 29 building lots and 3 other lots on 9.27 acres for Ashford Greens No.5 in an R-4 zone by Brighton Corporatip_n - north of Cherry Lane and east of Black Cat Road: a-f~:J fo ~/?~~ ~ do FP 00-021 Request for Final Plat approval of 129 building lots and 22 other lots on 68.44 acres by Bear Creek, LLC, for Bear Creek Subdivision - east of Stoddard Road and south of Overland Road: tIt-/~ ~ ~I'~ dlo DeparbnentReports: A. -eity lreas1U8r Jani&6 S'llitlt. ~ ~TTeasyr-er's RepeFt:---- B. Parks and Recreation Director - Tom Kuntz: 1 ~ Patio Lease for Smoky Mountain Pizza at Generations Plaza: I'll i9 ~ ~_//'. - j:i.. JtjP,llJ'Pve a~"L ~ /<e.J~~ 2. Update on Master Pathway Agreements with Nampa Meridian Irrigation District: {Lp~c;0 3~ Approval of Master Plan for Chateau and 56-acre park: a tp'O tr~ 4~ Approval of Consultant for Parks Comprehensive Action Plan: tiJ7rrvv~ C. Public Works Director - Gary Smith: 1 ~ Creekside Arbour Easements: ~f17YV V.R- Meridian City Council Agenda - October 17 2000 - 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. ( ( 2. City Resident Water Service - Turn off of Delinquent Accoun~v~ 3. Water Hookup for Jerald S. and Jane E. Frank: a,pprvv~ 4. Water Hookup for Marvin A. and Violet Werth: Human Resour~~r - Pauline Skeggs: D. 1. Approval of Salary Adjustment Schedule: OkclL tAJ~;JtUd~tJ:~ Planning and Zoning Director - Shari Stiles: E. 1. Update of results on the complaint by John Wasson of the lighting at the strip mall at the corner of Linder Road and Cherry Lane: ~ ~ fo Ihve.rl,~ Meridian City Council Agenda - October 17 2000 - Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommcx::lation 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 Agenda October 17,2000 at 7:30 P.M. City Council Chambers Roll-Call: x X Tammy deWeerd X Ron Anderson X X Mayor Robert Corrie Cherie McCandless Keith Bird Consent Aaenda A. Approve minutes of June 20, 2000, City Council Meeting: Approve B. Approve minutes of September 5, 2000, Special Pre-Council Meeting: Approve C. Approve minutes of September 26, 2000, Special Meeting: Approve D. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Tabled to November 8, 2000 E. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R- T to L-O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten Mile Road: Tabled to November 8, 2000 F. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L-O and R-15 zones by Vicki Welker / Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Tabled to November 8, 2000 Meridian City Council Agenda - October 17 2000 - Page 1 of 6 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. ( G. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones by Vicki Welker / Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Tabled to November 8, 2000 H. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-013 Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3 zone by Bond and Shelli Campbell for proposed The Hollows - north of Ustick Road ~ mile east of Meridian Road: Approve I. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Denial: V AR 00-021 Request for a variance to not pipe an open ditch that borders the subject parcel on the west boundary in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road ~ mile east of Meridian Road: Approve J. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road ~ mile east of Meridian Road: Moved to Regular Agenda K. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-013 Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I-L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Approve L. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-023 Request for a variance of the required 20-foot to a 1 a-foot wide planting strip in a proposed I-L zone for proposed Elliot Industrial Park Subdivision by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Approve M. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-015 Request for Preliminary Plat approval of 2 building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Approve Meridian City Council Agenda - October 17 2000 - Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearingsl please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( \ ", - ( N. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-033 Request for a Conditional Use Permit to construct an office and shop for proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Approve O. Findings of Facts and Conclusions of Law for Denial: CUP 00-041 Request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi-product gas dispensers, cashier's kiosk and parking lot improvements in a C-G zone by Barghausen Consulting Engineers - Fairview Avenue and Locust Grove: Moved to Regular Agenda P. Water Sewer and Trash Delinquencies: Q. Findings of Facts and Conclusions of Law: Request for a Variance of the requirement to tile the Safford Lateral by the Brighton Corporation for Ashford Greens Subdivision - north of Cherry Lane and east of North Black Cat Road: Reaular Aaenda 1.J. Tabled from October 3,2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road % mile east of Meridian Road: Approved amended Findings of Facts and Conclusions of Law 10. Findings of Facts and Conclusions of Law for Denial: CUP 00-041 . Request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi-product gas dispensers, cashier's kiosk and parking lot improvements in a C-G zone by Barghausen Consulting Engineers - Fairview Avenue and Locust Grove: 2. Ordinance No. 893: AZ 00-015 Annexation and zoning of -7 acres for proposed LOS Church by Quadrant Consulting - south of Overland Road and east of Locust Grove Road on Charolais Drive: Approve 3. Ordinance No. 894: Finance Director Ordinance: Approve 4. Resolution No. 344: Approval of Salary Schedule: Approve Meridian City Council Agenda - October 17 2000 - Page 3 of 6 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. ( 5. Tabled from October 3, 2000: FP 00-018 Request for Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for Packard Acres Subdivision No. 2 by Packard Estates Development - south of Ustick Road between Locust Grove Road and Vintage Lane: Tabled to November 8, 2000 6. Continued Public Hearing from September 13, 2000: Proposed changes to the Landscape Ordinance by the City of Meridian: Tabled to November 8, 2000 7. Continued Public Hearing from October 3, 2000: PP 00-014 Request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision by John and Sandra Goade - Waltman Lane and SW 5th Street: Tabled to November 8, 2000 8. Public Hearing: VAC 00-008 Request for vacation of the easement common to lots 14, 15, 18 and 19 of Block 2 in Honor Park Subdivision No. 3 in a C-G zone by Briggs Engineering - south of Franklin Road abutting the west side of Stratford Drive generally between Scenery Lane and Schiller Lane: Attorney to prepare Findings of Facts and Conclusions of Law for approval 9. Public Hearing: VAR 00.018 Request for variance to the current Landscaping Ordinance to permit landscaping in compliance with the proposed Landscaping Ordinance by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 10. CUP 00-045 Request for a Conditional Use Permit to allow a telephone call center in an I-L zone by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 11. FP 00-020 Request for Final Plat approval of 29 building lots and 3 other lots on 9.27 acres for Ashford Greens No.5 in an R-4 zone by Brighton Corporation - north of Cherry Lane and east of Black Cat Road: Attorney to prepare Decision of Order for approval 12. FP 00-021 Request for Final Plat approval of 129 building lots and 22 other lots on 68.44 acres by Bear Creek, LLC, for Bear Creek Meridian City Council Agenda - October 17 2000 - Page 4 of 6 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 - east of Stod.dard Road and south of Overland Road: Attorney to prepare Decision of Order for approval 13. Department Reports: A. City Treasurer - Janice Smith: 1. Treasurer's Report: Removed from Agenda B. Parks and Recreation Director - Tom Kuntz: 1. Patio Lease for Smoky Mountain Pizza at Generations Plaza: Approve amended lease 2. Update on Master Pathway Agreements with Nampa Meridian Irrigation District: Approve 3. Approval of Master Plan for Chateau and 56-acre park: Approve 4. Approval of Consultant for Parks Comprehensive Action Plan: Approve C. Public Works Director - Gary Smith: 1. Creekside Arbour Easements: Approve 2. City Resident Water Service - Turn off of Delinquent Accounts: Approve 3. Water Hookup for Jerald S. and Jane E. Frank: Approve 4. Water Hookup for Marvin A. and Violet Werth: Approve D. Human Resources Director - Pauline Skaggs: 1. Approval of Salary Adjustment Schedule: Check with Pauline Skeggs Meridian City Council Agenda - October 17 2000 - Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( f; E. Planning and Zoning Director - Shari Stiles: 1. Update of results on the complaint by John Wasson of the lighting at the strip mall at the corner of Linder Road and Cherry Lane: Attorney to investigate Meridian City Council Agenda - October 17 2000 - Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meetina October 17. 2000 The City Pre-Council meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 6:37 p.m. on Tuesday, October 17,2000. Members Present: Robert Corrie, Keith Bird, Tammy de Weerd, Cherie McCandless, Ron Anderson. Others present: Shari Stiles, Gary Smith, Ken Bowers, Bill Gordon, Bill Nichols, Tom Kuntz, Will Berg. Corrie: I'll open the Pre-Council meeting of October 17, 2000 at 6:37 p.m. What we'd like to do - Tom is going to give us first on the Item No. 138 3, which is the master plan for Chateau and the 56-acre park. So, Tom if you would like to do that. Item 13. Department Reports: B. Parks and Recreation Director - Tom Kuntz: 3. Approval of Master Plan for Chateau and 56-acre park: Kuntz: Thank you, Mayor and Council. Before I start, I want to acknowledge there's a couple of Parks and Recreation Commission members here tonight. Ed is here and Mr. Keller is also here. I'm sure they want to speak a few words as soon as I'm done here. What I'd like to bring before you tonight is the master plans for Chateau and the 56-acre park. What I'm requesting tonight is approval to move ahead with the request for proposals to secure a landscape architect firm that will actually start in the design phase of the park so that we can go out to bid in January so we can actually start construction in February or March as soon as we get some good spring weather. Hopefully, you've seen these plans before. They should be in your packet - a copy of the plans, but it's kind of hard to read because it's small, so I'll real briefly go through Chateau Park first and what will be included in Phase 1. Just to get you acclimated with where this park is - it's an approximately seven-acre park - 6.8-acre park. Over here on this side of the park, approximately a half block away is Ten Mile Road running north and south. To the right hand side of the park, approximately a half block away is Linder Road running north and south. Of course, it borders on West Chateau that runs between Linder and Meridian Road. As part of Phase 1, what that would include would be doing all the rough-grading - number one - and then the underground irrigation system for the entire site would include the utilities - electric, water and sewer for future restroom facility. Then the next part of Phase 1 would be the parking lot on the eastern part of the park. Grassing the entire area, there will be a perimeter pathway approximately six to ten feet in width for walkers and joggers and that type of thing. Also, in Phase 1, is the bathroom Meridian City Pre-Council fv1eeti~ October 17,2000 Page 2 Phase 1. Phase 2, which we will come for budget consideration next year - and hoping we can incorporate some sponsorships on these items would be the Tri- Court Basketball that would be in a shallow swell for drainage that will need for the parking lot as well. As it is right now, it's connected to drainage that comes from the street and there's a small swell here. We will put that basketball around in that area - the playground equipment and then the small picnic shelter here. Those three items, I guess we're hoping that we can get some sponsorship or partnership with some different service clubs and get those things put in. So, that's the master plan. This entire area is grass. None of it is skinned. We do plan on putting a backstop in this corner, but they'll be no dirt cut-outs because the intent of this neighborhood park is to draw people from about a half-mile or mile radius - use for practices - not a game site. We will not program any kind of game activities on that site. It is a neighborhood park. Any questions? Bird: I have none. Corrie: Tom, is that that whole area where the park is at present? Kuntz: Yes. The present park is this triangle. There's the border right there. This triangle is currently grass. There's some playground equipment here which will come out. We'll reuse as much as we can. Everything from this line over is bare dirt right now. The drain ditch was tiled last year that went on the perimeters here and into Five Mile and then we just installed a perimeter chain- linked fence on the north side. There's already one on the western side there. The site is all fenced with chain-linked fencing. Anderson: Tom, I had a question. You indicated that the basketball court was going to be in one of the swells that would be drainage for the parking lot. Would that make it unusable after major rain storms? Kuntz: Well, we're hoping to build the same kind of drainage system that we are contemplating for Bear Creek. That would be an underground seepage bed with a 6 - 12-inch pipe at the top of that seepage bed that would drain through this berm here and into Five Mile Creek. And then, if those two fill up, then the last thing to fill would be this small swell here. So there could be times when it would be underwater, but right now - when we had this big rain last week, we went out and took pictures. There were ducks in this area here on about an eight-inch deep pond. What's happening is that there's three drainage heads here in the street that are drained to this site. Unfortunately, the pipe that's in this grease bin or whatever you want to call it - there's no water coming out of that into the creek. There's obviously some design problems which we will take care of. So to answer your question, there may be a short period of time where there would be some standing water in there. With this drainage system, we think that would be very minimal. Corrie: Any other questions? Meridian City Pre-Council rv1eetil- October 17, 2000 Page 3 Bird: I have none. Kuntz: Do the commissioners want to say anything on this project? I guess the other thing that I'd like to point out is that even though you hopefully will be approving the master plan, that does not mean that there won't be some tweaking and adjusting once we get a landscape architect on line and start another design phase. So, none of this is set in concrete. Of course, this will all come back to you at the point before we go to bid for your final approval once we've gotten the final design done. The 56-acre park - Meridian Road on the east, Ustick Road on the south - What we're planning to do is Phase 1 this year. What that would include would be all the rough-grading that needs to be done. We will need to tile an irrigation ditch that runs from the eastern border to the western border - approximately the middle of the park. We will need to tile another irrigation delivery line that is on the northern border. We will put all the underground utilities in - electric, water and sewer. We will put the irrigation system in and grass the area. We will construct this 400-car parking lot. The area that you see is soccer field. Of course, it will be just grassed area that we can paint soccer fields on. They won't be permanently etched in. I believe it includes the playground equipment and restroom facility, which I believe is located in here, but we're going to move it up into here where it's more centrally located. While we're doing that, of course, we will stub to the perimeter with all the utilities so as we do Phase 2 and 3, they will be stubbed to those borders. I think that's it. The other amenities that will be included in the next phases - in Phase 2 will be a five-plex little league facility that could be used for girls' fa8t- pitch softball or boys' and girls' baseball - an additional 40Q-car parking lot. These are basketball courts - two basketball courts. We have a skate park and a roller hockey rink. Of course, we may be locating that at the middle school this year, so that would be deleted from the site. Then we have a zero-depth water feature that's a spray feature which different spray toys. Then the other items will come as money is available or partnerships would be - all these picnic shelters that you see. This is a large corporate picnic shelter that could be used for reunions and those types of things. That currently is not in Phase 1. That will be added as we build the park out. Phase 3 would include two tennis courts. The water tank is being landscaped as we speak and then this would be kind of a open market area that could be used for anything from Farmer's Market to arts and craft shows to festivals. That will be included in Phase 3. Any questions? Corrie: Tom. If this master plan is approved, are you for sure going to have five little league diamonds there and you're going to have in Phase 3 an open air market down there. You can't change it? Kuntz: As far as priorities, Mayor? Corrie: Well, no, not priorities, but what you're going to have in it. We will pretty much stay with this set plan unless when we meet with little league or any other Meridian City Pre-Council Meetir( October 17, 2000 Page 4 ( baseball organizations that we would like to partner with - if they say, "Well, for our needs, we only need four fields and financially we can afford that better." We would certainly be willing to look at scaling that back. I'm not sure if that's answering your question. Corrie: No. Are you definitely going to have that little league? Kuntz: Youth baseball. Are you asking about softball? Corrie: Adult softball. ] Kuntz: Right now, this is not slated for softball, but I don't want to sit here and tell you that it's for sure if you approve this tonight that that will be youth baseball. We may find that we may end up with three youth baseball fields and two softball fields when we get around to funding Phase 2. Corrie: Any other questions? Bird: I have none. Keller: I'd just like to say to the Council and the Mayor for giving the parks some priority in terms of financing. I've been through this (inaudible) process of trying to distribute funds before through budget and process for the Meridian School District. I know what kind of a task that is and the many challenges that you have and so forth. We would like to just mention to you also that this park master plan was developed through a public participation program. We had an all-night workshop - almost all night. It started at about 6:00 and went until about 9:30 or 10:00. We had a consultant with us and we started with a number of different elements that we may want to consider. Those elements were selected through a group process. Then, the next morning we met again for several hours and attempted to place those elements in the two parks. The public has had an opportunity. It was advertised. They had an opportunity to be there and see what was going on and so forth. I think in terms of what the elements are - not necessarily how many and where, this plan has pretty well been available to the public for their input. Then it has also been in work sessions with the Commission. We feel confident that we're identifying the elements that the public would like to have in the park and trying then to proceed to get these developed as quickly as possible and utilize the funding that the Council and Mayor has been able to provide for the park. I'd just like to thank you very much for the funding that we have received so that we can get this park started. Bird: Thank you, Jim, and your commission. Keller: Thank you. Corrie: Thank you. Meridian City Pre-Council Meetirl' October 17,2000 ' Page 5 Fang: I'd like to echo Jim's comments as well. Thanks to the Council and Mayor for showing support for the parks and the need for parks in the city. I'd also like to point that - I think Tom probably forgot, but since I'm working on this Pathways Committee, here's a pathway as well that's designed into the 56-acre park much like Chateau which kind of reflects what a lot of citizens would like to see. We've got about nine citizens participating on a committee working on pathways as we speak. That's good as well. Again, I think Jim mentioned that we did spend a lot of time talking about the design and trying to make sure that we're incorporating all of the needs of the community and I don't think - as Tom mentioned, I don't think everything is locked in stone. We're certainly hoping to - hearing as - if the needs change within the design and the completion of the parks, but I think when we get finished, we'll have quite a few parks here that will meet a lot of needs for the citizens. I happen to live near Chateau. I walk by it everyday. I know it gets a lot of people there - kids in the afternoon. I know it will get a lot of activity and I know a lot of the neighbors there will use that park. I was just asking around a lot of people and they know what's going to go there. There excited about it and I think it's going to be a good beginning to getting the awareness of parks built up in the city of Meridian. I think that will help us get citizen groups to come forward and help us fund a lot of things that we need to finish this 56-acre park, which is what we're just going to have to do. Thanks again. De Weerd: Thank you, Ed. For the record, that was Ed Fang and the first speaker was Jim Keller. Kuntz: I just wanted to add one thing. It was really difficult to come up with a plan that will meet all of Meridian's community needs right now. What we've tried to do is come up with a plan that is about 2/3 athletic facilities and then 1/3 just open space. What the landscape architect did was to design a kind of an "8" shaped corridor through here that will be just opened grass area - parkland for picnicking and that type of thing. 80, we've really tried to look at a well-rounded facility for the community. Thank you. Corrie: Thank you, Tom. De Weerd: Thank you. Corrie: Okay. With that, we'll go back to Council. Anything on the Consent Agenda that you have questions on? Bird: Mr. Mayor. Corrie: Mr. Bird. Item E. Tabled from October 3, 2000: Conclusions of Law for Approval: Findings of Facts and AZ 00-006 Request for Meridian City Pre--Council Meeti~. October 17, 2000 Page 6 Item F. Item G. annexation and zoning of 12.73 acres from R-T to L-Q and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten Mile Road: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L- a and R-15 zones by Vicki Welker I Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones by Vicki Welker I Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Bird: E, F, and G - Valeri Heights. We have not received the minutes from the meeting, and I believe that I don't feel comfortable until I read the minutes - no reflection the attorney's staff, but that was quite a detailed motion. It had a lot of conditions in it, so I would like to see us table that until the next meeting, which I believe is November 8, 2000 if the rest of the Council agrees. Corrie: Bill, I think - Nichols: Mr. Mayor, members of the Council. The attorne~ for the applicant called me this afternoon and would also like it moved to the 8t so that they have an opportunity also to get the minutes and then submit a written position statement with regard to the draft findings. I think it would behoove us to make sure we get it right the first time, so I agree it should be tabled. Item D. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Tabled to November 8,2000 Nichols: Mr. Mayor, on Item D, which is the Touchmark Living Centers Development Agreement - we're still waiting for some information from them. They were going to get a corrected legal description and a couple of other items, so we're still waiting on that. That's not been signed yet. I Meridian City Pre-Council Meetin. October 17, 2000 Page 7 Corrie: Is there a possibility we'll have that by the 8th? Bird: I don't know. We've had it (inaudible) six months. Mr. Mayor. Corrie: Mr. Bird. Item J. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road ~ mile east of Meridian Road: Bird: Item J - Mr. Manship would like that moved from the Consent Agenda to 1 J on the Regular Agenda. We got a letter requesting that. Corrie: Okay. Any other questions? Is Shari here? Bird: Mr. Mayor. Corrie: Yes, Mr. Bird. Item O. Findings of Facts and Conclusions of Law for Denial: CUP 00- 041 Request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi-product gas dispensers, cashier's kiosk and parking lot improvements in a C-G zone by Barghausen Consulting Engineers - Fairview Avenue and Locust Grove: Bird: We also, on 0, had a letter requesting from Dakota Development a reconsideration of that, so do we want to pull that to the Regular Agenda and discuss it or- Corrie: I don't know. What do you think? You're the ones that voted on it. If you want to do that, you certainly can. Anyone of you can do it if you want to hear it. And then, what it is, before you vote - So, anyone of you want to do it? Bird: I'll move it to 10 on the Regular Agenda if it's agreeable to the other three Council people. De Weerd: 10 and 1J. Bird: 1J and 10. Item E. Tabled from October 3, 2000: Conclusions of Law for Approval: Findings of Facts and AZ 00-006 Req uest for Meridian City PrerCouncil Meetii October 17, 2000 Page 11 Stiles: Also, on the Regular Agenda, I had a phone call with Tony Hickey, who is representing the applicant on Waltman Court Subdivision that's No. 7 on the Regular Agenda. They are working very diligently with Ada County Highway District trying to resolve some matters and would like to get some things in writing from Ada County Highway District and have asked that that be continued to November 8th. Corrie: That's a public hearing? Continue that one until the 8th. Okay. Anything else? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: If there are no other items on this, then I'd like to request an executive session according to - Bird: I'll second it. Corrie: Motion made and seconded to go into executive session. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. I'll close the Pre-Council hearing at 7: 10 and we'll go into executive session. Corrie: I'll entertain a motion to come out of executive session. Bird: Mr. Mayor. I move that we come out of the executive session. Anderson: Second. Corrie: Okay. Motion made and seconded to come out of executive session. All those in favor, say aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the Pre-Council meeting. Anderson: Second. (-- Meridian City Pre-Council Meetir( October 17, 2000 ' Page 12 Corrie: Motion made and seconded to close the Pre-Council meeting at 7: 15. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ( Meridian City Council Meetina October 17. 2000 The regularly scheduled City Council Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 8: 15 p.m. on Tuesday, October 17, 2000. Members Present: Robert Corrie, Tammy de Weerd, Ron Anderson, Cherie McCandless, Keith Bird. Others present: Shari Stiles, Tom Kuntz, Bill Nichols, Gary Smith, Bill Gordon, Ken Bowers, Steve Siddoway, Will Berg. Corrie: I')) open the regular City Council Meeting for October 17,2000, at 8:15, and ('II have roll-call, please, Mr. Berg. Let me say welcome to the City Council as late as it might have been other than 7:30. Item A. Item B. Item C. Item D. Item E. Item F. Approve minutes of June 20, 2000, City Council Meeting: Approve minutes of September 5, 2000, Special Pre-Council Meeting: Approve minutes of September 26, 2000, Special Meeting: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R-T to L-O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten Mile Road: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L- a and R-15 zones by Vicki Welker / Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Meridian City Council Meeting ( October 17, 2000 Page 2 Item G. Item H. Item I. Item J. Item K. Item L. Item M. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones by Vicki Welker / Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-013 Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3 zone by Bond and Shelli Campbell for proposed The Hollows - north of Ustick Road ~ mile east of Meridian Road: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Denial: V AR 00-021 Request for a variance to not pipe an open ditch that borders the subject parcel on the west boundary in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road ~ mile east of Meridian Road: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road ~ mile east of Meridian Road: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-013 Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I-L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-023 Request for a variance of the required 20-foot to a to-foot wide planting strip in a proposed I-L zone for proposed Elliot Industrial Park Subdivision by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-015 Request for Preliminary Plat approval of 2 building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision in an I-L zone by Meridian City Council Meeting ( October 17, 2000 ' Page 3 ( Item N. Item O. Item P. Item Q. Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-033 Request for a Conditional Use Permit to construct an office and shop for proposed Elliot Industrial Park Subdivision in an I-L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Findings of Facts and Conclusions of Law for Denial: CUP 00- 041 Request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi-product gas dispensers, cashier's kiosk and parking lot improvements in a C-G zone by Barghausen Consulting Engineers - Fairview Avenue and Locust Grove: Water Sewer and Trash Delinquencies: Findings of Facts and Conclusions of Law: Request for a Variance of the requirement to tile the Safford Lateral by the Brighton Corporation for Ashford Greens Subdivision - north of Cherry Lane and east of North Black Cat Road: Corrie: Council, you have the Consent Agenda in front of you. How would you like to work that one? Any changes? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On the Consent Agenda, with the approval of the Council and Mayor, I'd like to table Item 0 to November 8, 2000; Items E, F and G to November 8, 2000. I'd like to move Item J to the Regular Agenda as Item 1J. I'd like to move Item 0 to the Regular Agenda as Item 1-0 and Item P, the water, sewer and trash delinquencies to Item 1 P on the Regular Agenda. With that, I would move that we pass the Consent Agenda. Anderson: Second. Corrie: Motion made and seconded to pass the Consent Agenda with the substitution for 0, E, F, G, J, 0 and P. Any further discussion? Mr. Berg, roll call please. Roll-call: McCandless, aye; Anderson, aye; De Weerd; Bird, aye. Meridian City Council Meeting ( October 17,2000 Page 4 ( MOTION CARRIED: ALL AYES. Item 1J. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell - north of Ustick Road ~ mile east of Meridian Road: Corrie: I would also like to welcome Troop 190 with us today. Thank you for coming, fellows and Scout Master. I hope we can give you some good tips on how the City Government works. We've moved Item 1 J to the first item. No. J is tabled from the October 3rd - Findings of Facts and Conclusions of Law - request for a variance to use Meridian City water for irrigation in the Hollows Subdivision by Bond and Shellie Campbell - north of Ustick Road and half-mile east of Meridian Road. Council, I believe there is a request on that to have the applicant clarify something with the Council. So, if the applicant is here - Manship: Mr. Mayor, members of the Council. I'm Jeff Manship, Pinnacle Engineers, 870 North Linder Road. What my client and I are wanting some clarification on was if we were required to pay a well development fee. The staff comments from the Preliminary Plat didn't indicate they had to pay one. When the Findings of Facts came up, they were giving us the day of the last City Council Hearing and that's what we want to get clarified. I forgot to pay that fee and there was no cost amount to what that fee was. That's kind of where we're at. That's going to be an issue. Corrie: Okay. Gary, do you want to handle that one? Smith: Thank you, Mr. Mayor and Council members. Provision to the ordinance for the pressurized irrigation system allows an alternative for the developer to construct or participate in the cost of a City Well for irrigation purposes. In the past, that option has been known as a Well Development Fee. Right now that fee is in the amount - I can't give you an exact number, but it's somewhere little in excess of $600 per lot. That is an option that's available if the requirement for pressurized irrigation system is waived by the Council. In this particular case, this subdivision does not have adequate water for a pressurized irrigation system, so the applicant was requesting a variance to use Meridian water and had agreed to - or volunteered to construct a pressurized irrigation distribution system that would be connected to City water and was not apparently aware of the well development fee requirement at the time that they agreed to construct a pressurized distribution system. So that's the reason it wasn't discussed at the hearing, as I recall. That's the reason for their appearance tonight is that they would be willing to do one or the other but are opposed to doing both. Corrie: Comment. / Meridian City Council Meeting ( October 17, 2000 . Page 5 ( Campbell: Mayor, members of the Council. That variance hearing was the night of the Valeri Heights public hearing that went really late that evening, if you remember. As Gary said, the volunteering of the distribution center was something that we understood to be in - for lack of a better term - lieu of the well development fee. Upon receiving the Findings and Facts, I looked through the Findings and Facts to see if I could determine a well development fee - what the amount and where it was included in those Findings and Facts and could not see that. After a meeting with Gary and the adjoining subdivision, I came to the realization that the well development fee was in addition to what I had volunteered to do and that my neighbors weren't planning on doing the distribution center. Basically, what happens is I put in this distribution center and they don't From our cost estimates from the engineers, that's $18,000 that I volunteered to spend on my subdivision which looking back didn't have to do that or wasn't required to do that. I guess at this point, I am still willing to do that, but if I spend that money, I guess what I'm asking for is to not pay the Well Development Fee. Also, in talking to these other developers and their reasoning for not wanting to do a single-point connection, they bring to light a very good point. That is that a single-point connection has to be split evenly amongst the lot owners. That has a tendency to create, in their experience, in a similar situation, a lot of disruption and a lot of problems because you have certain people in the subdivision abusing the water. Everybody's paying for it and it's kind of a snowball effect. Pretty soon you have feuding neighbors. That's how I end up back here tonight asking for either one or the other versus both and understanding that one is part of your ordinance and one isn't -- so leaning towards paying a Well Development Fee and not doing the pressurized irrigation system with the single-point connection. That is basically it, in a nutshell. I might add that in past, as Gary said, the City has not required - This would be the first subdivision, to my knowledge, Gary, that would have a distribution center installed by the developer on a subdivision that applied and received a variance for pressurized irrigation. Is that right? Smith: That's correct. Corrie: Council, any questions? Bird: I have none. Anderson: Just a comment, Mr. Mayor. When we had the previous meeting, we talked about putting in the pressurized irrigation system. I was thinking, HBoy, that's great because we've finally got a developer who is progressive enough and willing to step up to the plate and do that." I had indicated that the subdivision that I live in currently, the developer has paid the Well Development Fee and didn't put in the pressurized irrigation. As a homeowner there, it's been a real pain in the neck ever since because we all water with City water. It's very expensive and nobody is happy with that system. We much would have rather had the pressurized irrigation system at the time, so I don't particularly care for Meridian City Council Meeting October 17, 2000 Page 6 ( our ordinance in this case and how that offers that as an option to the developer. I was hoping that maybe we could find a way around that, but it doesn't look like we have in this case. Campbell: In response to your comment, it's still City water. My concern is that people are going to abuse it more than if they each had their own connection because it's being split up amongst the 12 lots. Your neighbor may not be as cautious as you are to waste water because he's just basically distributing the cost amongst his neighbors. That was the point of Mr. Glenn and his people in the subdivision where they had - I guess a similar situation in that they had years later or a year later or much after the development -- unhappy neighbors calling them and saying that there's some problems with this system - who is managing it, who is overseeing how much water is being used. It's not like a pressurized irrigation system that you see in typical subdivisions where basically it's an unlimited use of water. This is going through a meter so it's a lot different situation. Anderson: I guess my hopes would be that if you had put in the system that there's going to be other development that happens around you. That might not be feasible for your size project right now. Eventually there's going to be enough development around you that you could tie in with some other development that occurs. It could put in a regular pressurized irrigation system and you'd already have the piping and the ground work done. Campbell: Yes. See, I don't think I would be here if Mr. Glenn and his development was willing to participate in the connection - the back-flow device and the connection because we probably wouldn't have gotten to this point and I wouldn't have gotten their input if they had wanted to participate in that connection, but they don't. They don't want anything to do with a one-point connection like that. I guess I can see their point, too, because they're taking 26 lots and combining them with my 11. You're getting that many more people that would have the opportunity to abuse this water, I guess. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: The only question I have is this doesn't affect any of the surrounding properties around your development - is that correct? Campbell: Yes. This wouldn't have any effect on any other surrounding developments. De Weerd: Okay. Campbell: Are there any other questions? Meridian City Council Meeting (" October 17 I 2000 Page 7 Bird: I have none. De Weerd: I have none. Corrie: Thank you. Okay. You have your Findings of Facts and Conclusions of Law for the variance request. Discussion on - Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess there's one more question for Gary. Gary, you don't see any other way around this other than the old method that we've been doing this - Well Development Fees in lieu of? Smith: Councilman Anderson, Mayor and members of the Council. I don't see an alternative outside what the ordinance allows. Obviously, if there was a water supply available, then he would be willing to install a pressurized irrigation system. I think that his argument concerning the distribution of the cost for the City water into a pressurized system is probably valid with using City water. With water used from the Irrigation District, there is so much water that is available. It's a flat number that's distributed to the property owners. I think they even distribute it on the basis of the size of their lot. There could be quite a variation in how much water people use and how fairly they think they're being assessed for the water usage. I guess it's a bit of a concern that way on the one hand. On the other hand, as you say, the system could be installed at this time for use at a future time. I don't know unless - and I think it is a double-hit on the developer unless the system could be installed at this time and it could be labeled as a dry system and not utilized and allow the individual lots to connect without the Development Fee, so that the system was installed and available for future use. I guess that could be another option. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Gary, that would be the same cost? Smith: Well, he mentioned earlier that he had an engineer's estimate of $18,000 for the system, and as I mentioned, the Well Development Fee is somewhere in excess of $600. Even if you use $700 on 12 lots, that's $8400 for the Well Development Fee. I don't know the cost of the distribution system - if it's $18,000 - I mean these are fairly big lots and the amount of piping is probably going to be a little more per lot than your R-4 lots, for example. Years ago, it seemed like it was almost a trade-off on the cost of installing the distribution / Meridian City Council Meeting { October 17, 2000 Page 8 piping in an R-4 subdivision versus the cost of the Well Development Fee, but I'm not positive of that. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have a question of legal counsel. If we're to this point on this item and this is a request for a variance, then do we go ahead and deny the variance or do they withdraw the application for the variance? How do you proceed with this from this point on? Nichols: Councilman Anderson, Mayor, members of the Council. Looking at the ordinance, it simply says that in order to grant a variance, one of your options is to require the Well Development Fee or a well site in lieu of the Well Development Fee so that you're offsetting this impact on the City water system by imposing an impact on the developer that's commensurate. The single-point source connection system still uses City water. So, in a sense, you're not even really requiring - so if you do both, you are adding more than what you implied with others under the circumstances. The variance was granted because of the practical impossibility of installing a pressurized irrigation system using irrigation water because the water was only delivered to the property once every ten days. So, it wasn't practical for a pressurized system. You could simply modify these findings - adopt modified findings by eliminating, for example, the single-point connection condition and substitute, therefore, payment of the applicable Well Development Fee. Mr. Mayor, that would be on page 7, under the Decision of Order, paragraph 2. That could be amended to read this variance as conditioned upon and subject to payment of applicable well development charges. Anderson: Isn't that also back on page 2 under 1 O? 12-5-2N? Nichols: Councilman Anderson, Mayor, members of the Council. Paragraph 10 that begins on page 2 is a recitation of the ordinance. I believe the only place where it mentions the single-point connection is beginning on page 7 and continuing on page 8. Anderson: I think I know what I want to do, Mr. Mayor, but I'm not sure, so one more question for the attorney. Would the motion then to be approve the variance with that condition or to deny the variance? Because they are not going to hook into the City water now at this point. Nichols: Councilman Anderson, Mayor, members of the Council. This is how I see this. I could be seeing it wrong, but this is the way I see it. The variance that's requested is a variance from the requirement that there be a pressurized irrigation system which is not hooked to City water. That's the variance request. So, it would be a motion to approve. These findings say, "No, you don't have to Meridian City Council Meeting ( October 17, 2000 Page 9 ( hook up to a non-City source." So it would be granting the variance and one of the conditions is payment of the Well Development Fee in lieu of a single-point connection. Anderson: Okay. Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would like to make a motion that we approve the Findings of Facts and Conclusions of Law for a variance request to use Meridian City water for an irrigation in the Hollows Subdivision by Bond and Shellie Campbell - north of Ustick Road, one-half mile east of Meridian Road with one change in the Decision of Order and that to be change Item 2 on page 7 and 8 to read the variance is conditioned upon and subject to the provision of the developer paying the standard Well Development Fees and the elimination of the single-point hook-up to City water. I guess that's it. Bird: Second. Corrie: Motion made and seconded to accept the Decision of Order to approve the variance with the conditions set by the motion. Any further discussion? Hearing none. I'll have roll-call vote, please. Roll-call: Anderson, aye; McCandless, aye; Bird, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 10. Findings of Facts and Conclusions of Law for Denial: CUP 00- 041 Request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi-product gas dispensers, cashier's kiosk and parking lot improvements in a C-G zone by Barghausen Consulting Engineers - Fairview Avenue and Locust Grove: Corrie: Okay. The next .item we have is O. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: To be consistent with previous actions, I would like to step down from this project. Corrie: Okay. Does Council have no objections? Bird: I have none. Meridian City Council Meeting ( October 17, 2000 Page 10 Corrie: No. 0 is a Findings of Facts and Conclusions of Law - request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi-product gas dispensers, cashier's kiosk and parking lot improvements in a C-G zone. There has been a request by the developer, Mr. Tom Bowens to try to explain a little better what he thought we heard last time, so I would invite Mr. - Tom, are you here? Okay. We're going to have a different one. Durkin: My name is Larry Durkin. My address is 380 East Park Center Boulevard, Boise, Idaho and I'm with the Dakota Company and I'm here tonight on behalf on Fred Meyer Stores, the applicant. Our request for reconsideration would be to allow us to make a presentation that would present about 9 or 10 different items more factually and more accurately since they were, in our opinion, presented in error at the last meeting or not presented at all. Your decision and your Findings were based on some information that was incorrect or misstated. I am prepared to go over all of those things this evening if you desire. Our request was that you reconsider and have another public hearing - however you would like me to go forward on that. Corrie: Why don't you just go ahead and give us your facts and then we can make that determination? Durkin: I have them numbered, Mr. Mayor and they're very brief. The actual site of the project was not accurately discussed. There was some discussion, if you recall where the site was located and the numbers were 1 05, 110 - 120 feet off of Locust Grove - on the fact that it's 1 000 feet east of Locust Grove where this is being located. The description of the use was not presented properly by the - Fred Meyer hired an architectural firm from Seattle to handle a number of these. This person flew into town and it was just not - he didn't present it accurately. It isn't a C store. It isn't a car wash. These are pumps. You can see right through them, see to the store. There's very little, if any clutter. The traffic - the access for these goes perpendicular to Fairview Avenue so there's no conflict with any of the other driveways in the center or any of the other uses in the center. The traffic information was not stated correctly. The traffic for this - the traffic information that we have from Doby Engineering, which did the original traffic study for the whole center is that this would generate less than 400 trips a day. The bulk of the traffic are people that are buying their groceries at Fred Meyer. They're going to McDonald's. They're going to the other uses in the center. It isn't a promotional use. There isn't a building. You've looked at Albertson's and you've looked at some of the other ones where they have a great big 5,000 square foot store and a car wash. This is not that type of thing. This is simply a fuel service for the customers of the center. Landscaping answers are stated incorrectly. There's no removal of any landscaping. There's some relocation of existing landscaping and there's an additional landscaping to the center. There's a net gain in landscaping. His answer to you is, "I don't know. I'm not sure. I Meridian City Council Meeting ([- October 17, 2000 Page 11 haven't looked at the plan." The tab support was not stated correctly. McDonald's - when this first came up to Planning and Zoning, their request was that it be relocated further east away from their drive-thru because they suspected there were some conflicts there. It's been moved about 459 or 500 and some feet away. I don't have the plans in front of me, but it's been moved drastically to the east and they're in support of this. Subway is in full support of this - the Subway Franchisee is in full support. You may recall, if you drive around the valley, McDonald's is closing locations and opening them up so that they can be teamed up with a fuel service. Subway is doing the same thing. If you go to Chevron, Texaco and Stinker, you'll find either McDonald's or Subway. The fuel purchase, the sandwich purchase - that type of use is a real. compatible mix and their both - they feel it would be a real benefit. There were no negative comments or calls with the new plan. The question was asked and the answer was, "I don't know." On the record, there were some negative comments on the original plan, but at the recommendation of the Planning and Zoning, it was relocated down next to the Subway where it was represented. The traffic lanes were modified - those concerns. There were no negative outcries. The P and Z request that the relocation to the site next to Subway - that was their request. It was redone at their request and as a result of the testimony. Fred Meyer is committed to the community and as responding to actual customer comme~ts and requests. In addition, there are other tenants in the center that will benefit. This use will actually take traffic out. There is a Chevron station close by. You have to leave the shopping center across the street to go to - This service is provided for the customers of Fred Meyer, the customers of the other shops in the center and they're in favor. Ada County Highway District had no negative comments - no review that was in compliance with their concerns. Finally, the request is in full compliance with the Comprehensive Plan of the City of Meridian. I think it's fair to say it had staff support and it's a critical component for Fred Meyer to have this service. It's important for some of the other tenants in the center and we respectfully request that you look at the decision again and look favorably. The result, if not - there could be some other tenants leaving. I'm not saying Fred Meyer will leave without it. The recommendation by you in the Findings that they relocate behind the Subway - that's a private street. Recall the testimony that this is a 24-hour day operation that's not manned. It's card activated. Fred Meyer is sensitive to the security issue of putting it behind that other building for the lighting issue. It's not visible from the street where traffic is patrolled and Avest Way, which circles around the center is at the request of the City at the time, and Ada County Highway District - it's a private street. So, the patrol is on Fairview. It's important that if the service is going to be in the center, it be on Fairview and that concludes my comments. 1'(1 happily answer any questions that you may have. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting (' October 17 J 2000 Page 12 Bird: I have got two questions, Larry. How far off of Fairview does the site start? Durkin: Mr. Bird, the site, technically - and I want to be careful. It technically starts at the property line on Fairview. The building setback - Bird: That's what I'm talking about. How far back were the canopies - the canopy? Durkin: The canopy is setback - Mr. Bird, I wasn't prepared for that question. It's in the packet. I might - Bird: What we had didn't show anything like that. What is the overall size, then, of the site? Durkin: It's an 18-acre site. Bird: No. I mean how big is this filling station? Durkin: The canopy itself is about 1900 square feet around on the top, which is significantly smaller than the Chevron one on that corner. Bird: That's alii had. Corrie: Any other questions or comments? McCandless: Mr. Mayor, Larry, you say it's next to the Subway. Is that across from that so-called private road? Durkin: In the absence of the props that I would normally show you - and I'm sorry. This is just not an adequate - Shari, could I ask you to go up to the small site plan- on the top right hand corner of that arrow? Go to the far right. That is Subway right there. Then if you go to the left a little bit, Shari, there's a driveway that enters into the property. The site area that we're talking about is that whole hashed area. The entire property, except for the other buildings is owned by Fred Meyer, so this is just a part of their existing Conditional Use Permit and part of their site. There's not a specific description. It's almost like a kiosk. A kiosk is a small hot, if you will, I'm trying to describe it nicer - project. It's a - so what you have, if you look at the project right now from the D & B Supply parking lot, if you're looking at it, on the far right, you've got a Chevron station. Then there's Eva Street which wraps around the shopping center. Then there's a building that includes Subway, the dry cleaner's and Brueger's Bagel. Then there's a driveway. Continuing to the left, that's where this particular unit is going to be. It's to the left of that driveway that's near Subway, but the traffic is such that it doesn't conflict with either the Subway traffic, the rest of the center traffic or any pedestrian traffic whatsoever in the shopping center. The discussion about it conflicting with pedestrians is just - it wasn't explained the way the directions go Meridian City Council Meeting (/ October 17, 2000 Page 13 ( correctly at that last meeting. It's close to Subway so that they get the benefit of getting fuel and getting Subway sandwiches at the same time, which is important to Subway. It's close enough to McDonald's, so they get the benefit. It's close enough and it can be secured by Fred Meyer. It's in their visibility corridor, so it can benefit their customers as well. McCandless: So there's nothing manned there to take money or anything? It's all credit card? Durkin: During the daylight hours that Fred Meyer is open, there's a person in a kiosk to take money. There are a number of other fuel stations in the valley that have that same thing. When Fred Meyer closes, the kiosk closes, and that's just credit card activated only. McCandless: And how many pumps do you have in there? Durkin: I am normally much more prepared than this and I was expecting you and other municipalities to have a full hearing where I would be fully prepared, but there are five according to the Agenda. That's where my information is coming from that and I believe that that's correct. We're building the same facility at Franklin and Orchard - a Fred Meyer store with the same pump facility and there are five different fuel pumps with two handles on each pump if that's helpful to you. McCandless: And then at the end of the pumps you have the - where the person sits during the - Durkin: And that would be towards to store, so that's away from Fairview towards the store in the back. McCandless: Thank you. Corrie: Okay. Any other questions? Bird: I have none. Corrie: Thank you, Larry. I guess the question of Council is do you feel that you want to take the appeal to have another public hearing or do you want to stay with your decision and Findings of Facts? At this point, I guess there's two questions. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Council Meeting ( October 17, 2000 Page 14 ( Anderson: I guess I'd throw out my comments. I would agree with Larry that the gentleman that gave the presentation at the last meeting was not very well prepared and didn't describe the project very well, but I think most of us on the Council were able to figure out from his drawings and explanations where it was. I did determine that it wasn't over near Locust Grove 100 and some feet from it. I guess my feeling on this particular project is that that whole 18-acre site that Fred Meyer has already sold off and developed several pad sites - In my opinion, it's pretty full and pretty congested at this point and that was why I was not in favor of the location. I understand all the logic, reasoning and closeness to McDonald's and Subway, but I felt, and I think the other Council members felt that the last time, it would be less congestive. Our instructions were to the applicant that we couldn't support the project in the location where it's being proposed, but we could north of the Subway building. I realize that that doesn't give you the Fairview frontage that is so desirable. I think we do have some traffic issues out there. The entire site, to me, is already fairly well developed. I guess, from my standpoint, I couldn't support that in that location. It's too congested there and I would still stand by the previous meeting in statement that I would support it if they could go north and bring the traffic in on Avest, even though that is a private street. I still think if you use the same logic that you're using with us - that it's the customers from McDonald's and Subway, there going to be the ones that are buying the gas in that Fairview frontage isn't as important because those customers would still be able to see this fueling station from those locations and could simply hit them while they're still in the parking lot. That's my two-cents worth. Corrie: Okay. Anyone else? Okay. Do you want to vote on the Findings of Facts and Conclusions of Law? Okay. You have the decision for the Findings of Facts and Conclusions of Law in front of you, which is a decision of denial with the condition that they put it further north and off of Avest would be accepted into Council. I'll entertain a motion on the Findings of Facts and Conclusions of Law on the Fred Meyer's gas facility. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Findings of Facts and Conclusions of Law for the denial of the CUP for Fred Meyer's gas station facility with a canopy and five multiple-product gas dispensers. Bird: Second. Corrie: Okay. Motion made and seconded to approve the Findings of Facts and Conclusions of Law on the decision of denial. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Meridian City Council Meeting ( October 17 J 2000 Page 15 Roll-call: Anderson, aye; Bird, aye; McCandless, aye; De Weerd, abstained. MOTION CARRIED: THREE AYES, ONE ABSTAINED. Item 1 P. Water Sewer and Trash Delinquencies: Corrie: Then we have 1 P for the next one to come -- This is delinquency for turn-off schedule. We need Tammy to come back. Do you know where she is? This is the delinquency for the turn-off schedule for October 18, 2000. This is to inform you in writing. If you choose to, you have the right to a predetermined hearing at City Council, Tuesday, October 17th before the Mayor and City Council to appear in person and be judged in the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may obtain counsel. The service will be discontinued on October 17, 2000 unless payment is received in full. Is there anyone present who wishes to contest his/her water, sewer and trash delinquency. Hearing none. I hereby inform that you may appeal or have the decision of the City reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though you do appeal, your water will be shut off. The amount of the turn-off list is $58,238.49. Council, I'll entertain a motion on the delinquency turn-off schedule. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we approve the delinquency turn-off schedule for trash and sewer for $58,238. Anderson: Second. Corrie: Motion made and seconded to approve the delinquency turn-off list scheduled for October 18, 2000 in the amount of $58,238.49. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 2. Ordinance No. 893: AZ 00-015 Annexation and zoning of -7 acres for proposed LOS Church by Quadrant Consulting - south of Overland Road and east of Locust Grove Road on Charolais Drive: Corrie: Ordinance No. for annexation and zoning of 7 acres for proposed LDS Church south of Overland Road and east of Locust Grove Road on Charolais Drive. Ordinance No., Mr. Berg. 893, right? If the City Clerk will read Ordinance No. 893 by title only. Meridian City Council Meeting ( October 17, 2000 Page 16 Berg: Thank you, Mr. Mayor, members of the Council. Ordinance No. 893: an ordinance finding that certain land to be known as LOS Church south of Overland and east of Locust Grove 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 medium-density residential district, R8 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 repealin"g all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map to 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 Sections 63-2215. Corrie: Okay. You've heard the reading of the ordinance by title only. Is there anyone in the audience who would like to have Ordinance No. 893 read in its entirety? Hearing none. 1'(1 entertain a motion on Ordinance No. 893. *** End of Side 1 *** Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve Ordinance No. 893 - the annexation and zoning of 7 acres for proposed LOS Church for Quadrant Consulting, south of Overland Road and east of Locust Grove Road with the suspension of rules. Bird: Second. Corrie: Motion made and seconded to approve Ordinance No. 893 as stated for the annexation and zoning of Item No. 2 with suspension of rules. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 3. Ordinance No. 894: Finance Director Ordinance: Corrie: Item No.3 is Ordinance No. 894 - establishing a Finance Director. If the City Clerk would please read Ordinance No. 894 by title only. Meridian City Council Meeting ( October 17, 2000 Page 17 Berg: Thank you, Mr. Mayor, members of the Council. Ordinance No. 894: an ordinance of the City of Meridian enacting a new article F of Chapter 8 of Title 1 - Meridian City Code creating and providing for the establishment of a Finance Director - providing for the Finance Director's appointment and function, powers and duties repealing any ordinances, resolutions, orders or parts thereof in conflict herewith and are hereby repealed, rescinded and annulled and providing for an effective date. Corrie: Okay. You've heard the reading of Ordinance No. 894 by title only. Is there anyone from the audience that would like to have the ordinance read in its entirety. Hearing none. I'll entertain a motion on Ordinance No. 894. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Ordinance 894 - Finance Director Ordinance with the suspension of rules. Anderson: Second. Corrie: Okay. Motion made and seconded to approve Ordinance No. 894 with the suspension of rules. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: McCandless, aye; Bird, aye; De Weerd, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 4. Resolution No. 344: Approval of Salary Schedule: Corrie: Item No.4 is a Resolution number. Do you have the Resolution number please? 344. This is the approval of Salary Schedule in Resolution No. 344. Any questions, Council - any additions, corrections? McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: I move that we adopt Resolution No. 344 with the caveat that we revisit the question of lateral moves with the HR Director, Police Chief and the City Attorney. There are still some unresolved questions. Bird: Second. Corrie: Motion made and seconded to adopt Resolution No. 344 with the caveat to revisit Section 3 to include the visitation with the Council HR, Chief of Police Meridian City Council Meeting ( October 17 t 2000 Page 18 and City Attorney. Any further additions or corrections to the resolution? Hearing none. Roll-call vote on the Resolution 344 with the caveats. Go ahead. Read the first part. Berg: Thank you, Mr. Mayor. Resolution No. 344 - a resolution establishing a Police Officer Compensation Schedule determining criteria for movement within the schedule and providing for placement on the salary schedule of the new sworn officers with prior experience. With that, roll-call vote. Roll-call: Bird, aye; Anderson, aye; McCandless, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 5. Tabled from October 3, 2000: FP 00-018 Request for Final Plat approval of 61 building lots and 3 other lots on 23.02 acres for Packard Acres Subdivision No. 2 by Packard Estates Development - south of Ustick Road between Locust Grove Road and Vintage Lane: Corrie: Item No. 5 has been requested - that we table Item No. 5 on the Packard Acres Subdivision No.2 until November 8, 2000. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I move that we table Item No.5 - request for Final Plat approval of 61 building lots and 3 other lots for Packard Subdivision to November 8, 2000. Bird: Second. Corrie: Motion made and seconded to table Item No. 5 - the Final Plat on Packard Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I might add, too, to the people in the aud ience that Item No.7, which is a continued public hearing on the Waltman Court Subdivision has been requested to continue that to November 8, 2000 as well. So if you're here for that, you may not want to stay for the public hearing on the landscaping, but you're certainly welcome to. Item 6. Continued Public Hearing from September 13, 2000: Proposed changes to the Landscape Ordinance by the City of Meridian: ( Meridian City Council Meeting f. October 17 I 2000 Page 19 Corrie: Item No.6 is a continued public hearing from September 13, 2000. This is a proposed change to the Landscape Ordinance by the City of Meridian. At this point, I'll reopen the continued public hearing and invite Steve to speak first Siddoway: Mayor Corrie and members of the Council. This is the proposed Landscape Ordinance for the City of Meridian. When it was before you last month, we went through that ordinance section by section in some detail, which I won't do tonight. I will be here for any specific questions you might have. At the end of that JTleeting, it was requested that staff meet with the Building Contractor's Association Representative, Richard McCaughy, so the others who were into tenants who had some concerns and iron out those concerns. We did meet and we did go through the memo from the Building Contractor's Association dated September 13. I believe it was a very productive meeting. We came to some agreements and compromises which are reflected in a memo to you dated October 16, 2000 - three pages long and that is our response. The changes that I feel are - I recommend these changes to you as part of the proposed Landscape Ordinance. On the last page, there's also a section where I did also meet with Walt Morrow and there is a single proposed revision that comes from that meetin~. You should also have a separate memo with the same date - October 16 with two items on it that details to other minor modifications that we'd like to add one requesting a reduced 11 X 17 plan with all applications and second, dealing with a minimum five-foot wide buffer along all pathways that are designated in the Comprehensive Plan or the Park Master Plan. That's all I have at this time. I am willing to take questions or anything you might have. Corrie: Any questions, Council, of staff? Since this is a continuation of the public hearing, I invite the public for comments at this point. Any comments? McCaughy: My name is Richard McCaughy. Good evening, honorable members of the Council and Mr. Mayor. I represent the Building Contractors Association of southwestern Idaho and I'm sure we'll have some additional testimony from the actual practitioners in the field - that being our developers. At this time, I'd like to state one concern. We received this memo yesterday afternoon at which time I had to conduct a meeting of one of our membership Councils. Tonight was the Board of Directors meeting. We have not had an opportunity aside from myself to sit down and review this memo as against the most recent draft ordinance. For that reason alone, I think it would be a little bit hasty to act on this ordinance tonight. I'm sure we could have some productive discussion. I commend Mr. Siddoway. Most of the issues that we did cover have been addressed in this, but there still are some concerns as to how this may actually play out. We are still concerned a bit about the criteria for accepting storm water detention facilities to count against the open space requirements. I am not sure looking at the memo if our concern about a licensed landscape architect being required for the submission of landscape plans has in fact been changed to at least 50 acres from the 5 acres, which we felt was - Number one, Meridian City Council Meeting ( October 17, 2000 Page 20 we'd keep a lot of qualified people out of doing business in this area. Secondly, it would be a real hindrance to infill projects on smaller properties. As you well know, this city and every other city - it seems to be more expensive to develop and redevelop infill than it is to go out on flat, open ground that was previously unused or agricultural land, so we're very concerned about that. At this point, I understand the need for action, but this has gone on for some time and I think providing us with another week or two until the Council session to allow our people - I represent - Our membership has not had an opportunity to go through this memo and compare it back to the most recent draft ordinance and see, in fact, what the final document would look like. Without the ability to do that, it's very difficult for us to really make reason to arguments one way or another and there's a number of issues that we felt were more applicable and either an administrative guideline or a policy manual that are still contained in this ordinance and I found it very strange that your Landscape Ordinance is longer and thicker than Boise's proposed storm water retention - well, the erosion, sediment, and dust control ordinance, which is a very technical document that Boise City has been working on for almost two years, and it's actually a more concise and brief document than this. That is because much of the language contains in this ordinance, we still believe should be part of administrative guidelines or policy manual. They address the intent of the City and the basic overview that you have of the situation and it tends - in my opinion, I think and our association's opinion, it tends to clutter the ordinance and makes it a little confusing in places. But, again, as I see this, much of this is still subject to the City Attorney's review and approval. Where that may go, I certainly can't predict. I'm not an attorney myself, but that's really what I have to say at this point. But I think we've made some very serious progress and some of the things that we really had problems with have been addressed and either changed or removed, so we do appreciate that. It's just that we're approaching the last stage of fine- tuning this and I just simply not had the opportunity to get our membership together and to get them copies of this and to sit down with several people and just go through it and do what I had limited time to do yesterday afternoon and early this morning - was to sit there and take the most recent draft ordinance and go through point by point in the memo and see how that effects the language in the ordinance itself. As I said, our membership has really not had that opportunity and I think I'll certainly let some of them speak for themselves on this particular issue, but I'll stand for - again, I must commend staff. I must commend Steve for - that was a very productive meeting. It lasted about three and a half hours, I believe. But we did go through it point by point and I think we've got the makings of something that will work here, but I'm just not comfortable saying thumbs up or thumbs down at this point because frankly, I've not heard from the people I represent. I'll stand for questions. Corrie: Yes. I have a question. We received this October 16, 2000. Why did you not get it until yesterday? Meridian City Council Meeting ( October 17, 2000 Page 21 ( McCaughy: Mr. Mayor, yesterday was the 16th. We received this document yesterday at 1 :47 p.m. Corrie: I'm still in November. I'm sorry. McCaughy: Mr. Mayor, members of the Council. I was hoping you would have more opportunity because we did have a Developer's Council meeting scheduled, but I couldn't get this information out to the members prior to that meeting, so it makes it very difficult to focus in on what we needed to do. That's just what I'm saying here, but I think we've made some real progress, and I think some members of the association might be wanting to testify about some specific issues, but that's our position at the moment. Corrie: I stand corrected. I got my months. Anyone else? Turnbull: Mr. Mayor, members of the Council. My name is David Turnbull. My office address is 12426 West Explorer Drive and you may have noticed me here in the second row trying to cross-reference these documents. As Richard said, I just received my copy. I did send a letter early on in the process and I've been looking to see if any of the issues that I've raised in that letter were addressed in the latest drafts that I have. I haven't seen any of those issues. Well, I shouldn't say "any" because I haven't had a chance to quite review this totally, but I think there are some issues that I still have some concerns about. I don't know if the Council would like me to go through those tonight. I feel much like Richard said - that I do commend Steve for his work on this. I don't think that that is ready to go forward at this point. I would have hoped that when this process began, that it possibly could have involved developers and builders, members of the Building Contractor's Association for beginning in a cooperative effort to come up with the landscape ordinance that we think can be implemented in work. I would like to say that we have been a proponent for a number of years of requiring some of these things. I remember back in the good old days when people would develop right up to the back of the sidewalk and you'd have your six-foot Cedar fence right up against the back of a sidewalk on an arterial drive. I think that's the blight of our community. So we've long been in favor of street buffers and other landscaping provisions that would beautify our city. But the restrictions, I think that come along with this document, as I understand it - existing in the present form - I don't think are totally workable. I think there are some good things that are workable in it. With some additional modifications, I think it's something that the City would be proud of. If you'd like me to go through some of the specifics, I can. I guess I would be better prepared after I had had a chance to review the document that the BeA received yesterday in conjunction with the Building Contractor's Association. If we would be allowed that opportunity, we would appreciate it. Otherwise, I'll stand for your questions and address some of my specifics if you like. Thank you. Anderson: Mr. Mayor. j Meridian City Council Meeting ( October 17 J 2000 Page 22 ( Corrie: Mr. Anderson. Anderson: Just a comment. We would welcome your comments and since you have not had a chance to read this latest document put out by Steve, I would encourage you to sit down and read that and then just maybe contact Steve and address your concerns with him in that format. We would like to know what those are and we do want to proceed cautiously and get this thing right the first time. Turnbull: Thank you, Mr. Mayor and Councilman Anderson. We'd be happy to do that. Corrie: Any comments? Is there any - Richard, do you think the meeting on November 8th will leave you enough time to get with staff and also for you to make those recommendations to staff? These are some of the things that staff has agreed to and maybe hear your points and other people that might be able to talk to him. Would that give you enough time? I want to give you enough time because this is something that the City is putting together and with your help - David, would that be alright with you at that time? Turnbull: Yes, Mr. Mayor. Is that a Wednesday meeting? Take an election night off? Corrie: The seventh is election night, so it would be the Wednesday. Turnbull: Yes, that would work. That would be great. We would appreciate it. Anything else? Corrie: Anyone else in the public that would like to issue testimony at this point? I think it's pretty well thought - Yes, Larry. Sorry. You're always welcome to speak. Durkin: My name is Larry Durkin. My address is 380 East Park Center Boulevard, Boise, Idaho. Usually when I come in front of you, I'm a lot more prepared than I am tonight. I think I got up on the wrong side of the bed this morning. I want you to know that at the Planning and Zoning Commission, I testified in favor of this ordinance. At that time, I was well versed on it. I understand from testimony tonight that there's been some modifications to it. I am not familiar with those modifications, but as a commercial developer - and I've developed about 130 acres in Meridian in the last five years - commercial property. I'm a proponent of landscaping and I'm glad to see that Meridian is getting with the program in getting a solid ordinance that everyone can understand. My concern - I don't know what modifications, if any have been made. One of the concerns I had at the Planning and Zoning, I encourage you to come up with a good, solid ordinance. Large plantings are good for the city in the long run. I have developed a lot of areas all over the country and the city that Meridian City Council Meeting ( October 171 2000 Page 23 has the courage to come up with an ordinance with a heavy planning program, they look better. You know it the minute you drive in and I just really encourage you to stay with that plan. I'll happily answer any questions that you may have. De Weerd: I was afraid you were going to bring up snow removal. Durkin: Snow removal and trees? Bird: We don't have snow here, do we? Anderson: Snow in this valley? De Weerd: It's an old P and Z joke. Corrie: Thank you, Larry. Anyone else at this point. Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd like to ask Steve just for public knowledge. Who was the committee that laid this out, Steve - that worked on this? Siddoway: The core committee was formed by Brad Hawkins-Clark, Tammy de Weerd and myself. We broke the ordinance out into topics and we met on those topics weekly. At each weekly meeting, there were professionals or specialists on that topic. If we were dealing with tree sizes and availability, we brought in nursery men. If we were talking about parking lot standards or storm water, we brought in Boise Storm Water Specialists, et cetera. Each meeting, there was the core group of Brad, Tammy and myself and then additional specialists dealing with the topic at hand. A draft was formed and that draft was sent out to over 50 developers, builders, engineers, landscape architects, architects, citizens, plus dozens more that were just requested at the counter. The Building Contractors' Association did receive a copy of that original draft back in August of 1999 as well as two memos requesting feedback on it. The first feedback we received was at the hearing. Unfortunately, we would have loved to have them involved earlier on just as they testified they wanted to be. Frankly, we would have liked that, too. But we - (inaudible) Core Committee. There were specialists brought in and then that draft was sent out, I guess is the point. Those comments were received and incorporated into a revised draft which then started the hearings process. Bird: Thanks, Steve. Nice job, too. With that, Mayor, I would move that we continue this public hearing on the proposed Landscape Ordinance by the City of Meridian to November 8, 2000. Meridian City Council Meeting ( October 17, 2000 Page 24 ( De Weerd: Second. Corrie: Motion made and seconded to continue the public hearing of the proposed change in Landscape Ordinance by the City of Meridian until November 8, 2000. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 7. Continued Public Hearing from October 3, 2000: PP 00-014 Request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision by John and Sandra Goade - Waltman Lane and SW 5th Street: Corrie: Item No. 7 is a request to continue the public hearing until November 8, 2000 on the Waltman Lane Subdivision so that they can get further clarification with the ACHD Highway Commission. Without any other discussion, I'll entertain a motion on that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we continue the public hearing for the Preliminary Plat of 5 building lots and 1 other lot on 8.29 acres of proposed Waltman Court Subdivision by John and Sandra Goade - Waltman Lane and SW 5th Street to November 8, 2000. Anderson: Second. Corrie: Motion made and seconded to continue the public hearing on Item No. 7 until November 8, 2000 on the request for Preliminary Plat of Waltman Lane Subdivision. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 8. Public Hearing: VAC 00-008 Request for vacation of the easement common to lots 14, 15, 18 and 19 of Block 2 in Honor Park Subdivision No. 3 in a C-G zone by Briggs Engineering - south of Franklin Road abutting the west side of Stratford Drive generally between Scenery Lane and Schiller Lane: Corrie: Item No. 8 is a public hearing - a request for vacation of the easement common to lots 14, 15, 18 and 19 of Block 2 in Honor Park Subdivision No. 3 by Briggs Engineering - south of Franklin Road abutting the west side of Stratford .r"- - Meridian City Council Meeting ( October 17 I 2000 ' Page 25 drive generally between Scenery Lane and Schiller Lane. At this point, I'll open the public hearing and invite staff comments first. Stiles: Mr. Mayor and Council, this is somewhat of a clean-up item from a previous application we had for a Conditional Use Permit for the Capital Educators Credit Union that was approved on these four lots. The initial map that was presented with the application showed only this easement here that's adjacent to those lots. I did receive a new plan today. I can give a copy to you and to the City Clerk for his files. It would also include the easement that's on the interior lot lines five feet each side of lots 14 and 15 and 18 and 19. They are requesting those to be vacated so they can build the building on these four lots. Corrie: Okay. Thank you. This is a public hearing on the vacation. Is there anyone from the public that would like to issue testimony on this request for vacation of easement? Okay. Hearing none. Council, any questions for the staff? Bird: I have none. Corrie: I'll entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item No.8 - request for vacation of easement. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any discussion, Council? Bird: I have none. Corrie: Hearing none. Bird: Mr. Mayor, I am sorry. I move that we approve the vacation of easement on common lots 14, 15, 18, 19 of block two on Honor Park Subdivision No.3 in a C-G zone - Franklin Road abutting the west side of Stratford Drive, generally between Scenery Lane and Schiller Lane and for the attorney to draw up the proper papers. Anderson: Second. Meridian City Council Meeting ( October 17, 2000 Page 26 Corrie: Motion made and seconded to approve the request for vacation of easements on common lots - Item No. 8 and have the attorney draw up the proper papers for the request. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: With your permission, could we have about a ten-minute break? Corrie: You bet. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. MEETING READJOURNED AT 9:49 P.M. Item 9. Public Hearing: V AR 00-018 Request for variance to the current Landscaping Ordinance to permit landscaping in compliance with the proposed Landscaping Ordinance by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue: Corrie: Let's call the' meeting back to order. We're on Item No.9, which is a public hearing - request for variance to the current Landscaping Ordinance to permit landscaping in compliance with the proposed Landscaping Ordinance by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue. At this time, I'll open the public hearing and hear staff comments first. Stiles: Mr. Mayor and Council, this is a request for a variance on the Landscape Ordinance and it's only the portion of the existing ordinance that requires three- inch caliper trees. Three-inch caliper trees are very hard to come by, particularly at this time of year. A lot of the projects we have are just simply not able to provide those trees. We have, in the past, allowed as a policy, that if they can't meet the three-inch caliper tree requirement - if they exceed the total caliper inches required by ten percent, we would allow them to go down to two-inch caliper trees. They are proposing a total of 127 - the ordinance calls for 127 three-inch caliper trees. They currently have 11 existing trees on site and they are proposing an additional 121 trees. As you can see from the plan, they pretty much maximized where they can put the trees. It will be a very nice landscape plan. The only trees that currently exist are along the frontage of East Meridian City Council Meeting ( October 17 f 2000 Page 27 Commercial Court. Albertson's Sundries will be providing trees on their portion of their lot where the Sundries Center is, and as you can see, they are providing trees all around the perimeter and also within the parking lot. So staff recommends approval to reduce the caliper requirement from three-inch to two- inch. Thanks. Corrie: And that's with the 121 trees? Stiles: It would be a total of - Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, is that - is the 11 existing - are they two or three-inch caliper? Stiles: They're probably - some of them getting to three or four. They've been there a while. They were there when Richardson Labs was there. Corrie: Any other questions for staff? Okay. This is a public hearing. Is there anyone from the public that would like to issue testimony? Okay. Hearing none. Council, do you have any questions for the public hearing record? Bird: I have none. Corrie: Okay. Hearing none. 1'(1 entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item No.9 - request for a variance. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Alright, Cou ncil. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we have the Findings of Facts and Conclusions of Law and Decision of Order in favor for the request for variance to the current landscape ordinance to permit landscaping in compliance with the proposed Landscape Ordinance off of Eagle Road between Franklin Road and Fairview Avenue for Meridian City Council Meeting ( October 17 I 2000 Page 28 Micron Technology - Crucial Technology and that is 11 existing trees and 121 two-inch caliper trees. . De W eerd: Second. Bird: Motion made and seconded to approve the variance request and have the attorney draw up the Findings of Facts and Conclusions of Law with this - having the stipulation of 121 trees with two-inch caliper. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: Bird, aye; McCandless, aye; Anderson,. aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 10. CUP 00-045 Request for a Conditional Use Permit to allow a telephone call center in an I-L zone by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue: Corrie: Item No. 10 is a request for Conditional Use Permit to allow a telephone call center in an I-L zone by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue. Is this the public hearing? Stiles: No, it's not. Corrie: Staff comments first. Stiles: Mr. Mayor and Council, this is a request to change the use of the building so it is entirely office. They are using it for their call center - Micron call center for Crucial Technologies in a light industrial zone. Strictly office use is prohibited. It needs to be a combination of warehouse and office. That was what it was previously. They desire to convert it to entire office use and that's the reason for the Conditional Use Permit. We would ask that you approve the Conditional Use Permit with the comments noted in our staff report De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Shari, I noticed in the recommendation from Planning and Zoning - 1.16 on page 4 that you had asked for five-foot wide sidewalks and the Planning and Zoning Commission recommended that they not be required. Do you have any concerns about that? ~ Meridian City Council Meeting ( October 17,2000 ' Page 29 Stiles: We had, as a standard comment, asked for that. That's just one of our typical comments that we include. However, as you can see in this, this was a county subdivision and when the subdivision was platted, no sidewalks were required anywhere within the development. Coors is up here and Albertson's Sundries is back here. It's not likely that there is going to be a lot of pedestrian traffic, so staff would agree with Planning and Zoning Commission's recommendation to not require the sidewalk because it would just be limited to this area right here. De Weerd: Okay. Thank you. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, 1.14, just above that - those are three-inch caliper trees. Stiles: That was a recommendation from the Planning and Zoning Commission. They don't act on variances and so if those recommendations are - I mean, that's just their recommendation. It didn't need to be included in the Findings. Corrie: Any other questions of staff? Is the representative from Micron here today? Kaiser: Mr. Mayor, members of the Council. My name is Richard Kaiser. I'm an architect with Power Engineers. We've been brought on to do the design of the remodel of the Crucial Technology building. Currently - just go over briefly what the building is now - approximately 1/3 of it is a call center. It currently holds approximately 120 people. In the office space, which is the space on the right of the plan - east side. The west portion of the building is currently warehouse light manufacturing shipping facility for their products going out of there. That area holds - right now houses about 30 employees. The idea here is over the next approximately two or three-year period, in phases, we would expand the call center office areas to the west to ultimately take over the remainder of the building - to an ultimate population of about 500 - 500 employees in there. We were just approved for another stage of the office phase which brings us right to about 50 percent once that's built out - 50 percent built out to this call center. That will bring us roughly to 160 employees in the call center area. Once we got to that point, that was kind of the threshold between it being an accessory use and actually being more in use of the call center. I'm open to any questions you might have in that regard. Corrie: Any questions, Council. Hearing none. Thank you very much. De Weerd: Mr. Mayor. Meridian City Council Meeting ( October 17, 2000 Page 30 ( Corrie: Mrs. De Weerd. De Weerd: I guess I have a question for the attorney. On 1.14, we don't have to eliminate that because the variance addresses it. Does that not? Nichols: Councilwoman De Weerd, Mayor, members of the Council. As I understand, the variance application applied to this particular property and therefore, that condition would be modified by the variance. De Weerd: So we don't have to modify the recommendations. Nichols: But you could go ahead and modify the recommendation in accordance with the variance and that way, anybody that looks at these findings knows what's required. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I move that we instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order to approve the request for Conditional Use Permit to allow a telephone call center in an I-L zone by Power Engineers c/o Micron Technology doing business under Crucial Technology and to note the change on page 4 of the Planning and Zoning recommendations to include in 1.14 a note to modify in accordance with the variance gran.ted. 'Bird: Second. Corrie: Motion made and seconded to approve the Conditional Use Permit subject to changes as noted in the motion and have the attorney draw up the Findings of Facts and Conclusions of Law for the next meeting. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: Anderson, aye; De Weerd, aye; Bird, aye; McCandless, aye. MOTION CARRIED: ALL AYES. Item 11. FP 00-020 Request for Final Plat approval of 29 building lots and 3 other lots on 9.27 acres for Ashford Greens No. 5 in an R-4 zone by Brighton Corporation - north of Cherry Lane and east of Black Cat Road: Corrie: Item No. 11 is a request for Final Plat approval of 29 building lots and 3 other lots on 9.27 acres for Ashford Greens NO.5 in an R-4 zone by Brighton Corporation - north of Cherry Lane and east of Black Cat Road. We had a letter I Meridian City Council Meeting ( October 17, 2000 Page 31 here from - I believe the Brighton Corporation requesting a couple of requests and comments on the others. Staff, you first. Stiles: Mr. Mayor and Council. We do have a couple of items on this project. This is the project that you just approved the variance on for the piping of the Safford Lateral. The Safford Lateral runs between Golf View and Ashford Greens No.5 Subdivision. I don't believe it runs all the way over here, though. It stops right around there. The applicant has responded to our comments and there are - looks like really three real issues. On Site Specific Item No.2, staff has requested that water assessments be paid for a back-up water system to tap into the City for a secondary source which is required by City policy. The applicant does not believe that they will ever need to use that system and that the irrigation system that they will have in place will serve the project. The problem comes when there is a dry water year and they - or else it's an unseasonably warm year when the water is shut off and there is no water to provide irrigation for those common lots. That's the reason for having the secondary source. Staff would not agree to delete that requirement. Site Specific No.4, we had asked for perimeter fencing. The perimeter fencing is required adjacent to the Safford Lateral. It is proposed as chain-link and that is how it's approved on the variance. However, if they have an alternate, non- combustible fencing that they would like to provide, staff would approve of that. They take exception to our requirement asking for perimeter fencing adjacent to the golf course because that was not required in previous phases of the development. I believe they have provided it adjacent to James Place. They have put - I believe it's rod iron all adjacent to that. We have tried to be consistent at least recently in requiring the perimeter fencing. Part of it, not that this developer - we haven't had a problem in this particular development, but when they have these lots that are adjacent to the golf course, sometimes it's represented that they have property further into the golf course than maybe they really have. The perimeter fencing just serves to delineate their property line. We're not asking for a site obscuring or a solid fence of any kind. The only type of fence we're asking for is something that will delineate that property line - be it a three-foot high or a rail-imposed or something like that that we would defer to whatever the City Council thinks is appropriate there next to the golf course. On Site Specific No.5, we have asked for a common lot for the Safford Lateral. The reason for this, we have tried to consistently require common lots wherever there is an existing easement that has to be fenced off - that the property owners are not able to use. The property owners - when they know that their lot actually extends maybe to the center of that ditch, they tend to tear down the existing fence and try to go out and extend their fence to the ditch and it creates problems with the Nampa Meridian Irrigation District. They also did not want to accept maintenance of that easement area as it is for the use of the Nampa Meridian Irrigation District and they feel the Irrigation District should be responsible for maintaining it. Staff's position is that Nampa/Meridian is not known for maintaining those areas and we would like to be able to go to one entity and I Meridian City Council Meeting (- October 17 J 2000 Page 32 can see in the future that if the weeds grow up tall, and they have a hard time getting Nampa Meridian to respond - *** End of Side 2 *** Stiles: - make the maintenance responsibility be the Ashford Greens Owners' Association - that tends to help that problem. There is, on the north side of the lateral, an existing roadway that the Nampa Meridian Irrigation District uses to access that ditch and maintain it. So we would still like the common lot that's created along the Safford Lateral Easement to be owned and maintained by the Ashford Greens Owners' Association and for the Association to put the responsibility on Nampa Meridian on whatever kind of maintenance they believe they should be performing over their easement. Site Specific No.5, note 12, they have agreed to relocate the storm sewer into the right-of-way and out of the 20-foot planting strip that is required adjacent to Black Cat. Site Specific No. 11, we've asked for an encroachment agreement so that wherever that fence is, the fence that is built will need to either be on the easement line or we will need to have a copy of an encroachment agreement indicating they're able to encroach within that easement to put their fencing. If they can encroach on that, they could increase their lots a little bit. Without an encroachment agreement, they will just be at the minimum lot size for the R-4 zone. They are also requesting Nampa Meridian maintenance of that. We believe these items are fairly minor. Gary may need to address the Site Specific No.2, but we would ask that you specifically address the fencing along the golf course and whether you deem that appropriate and would ask that you approve the Final Plat of Ashford Greens No. 5 Subdivision with staff and agency conditions. Corrie: Gary. Smith: Mr. Mayor and Council members. I don't think I have anything to add beyond what Shari said on that issue of the back-up water and the water assessments. It's just a standard detail that we request for sprinkler irrigation systems to make sure that water is available when the ditch water is not. The applicant is probably correct. Most of the time, when the water goes out of the ditch, they quit irrigating. But there have been years where water has gone out of the ditch early and it was consequently needed at that point. I think that's all I have to say about that item. Thank you. Corrie: Okay. Any comments or questions from the Council to staff? Bird: I have none. Corrie: David, anything that you want to address to Council? Turnbull: Mr. Mayor, members of the Council, David Turnbull, 12426 West Explorer Drive. I was watching the debates earlier this evening and practicing Meridian City Council Meeting ( October 17 I 2000 Page 33 ( my powers of persuasion. Gary will understand after working with him for 10 years or so that I always object to Item No.2. We always end up paying it, it seems. But I think my point in here is more philosophical discussion. Maybe once in every ten years, you need to have any kind of back-up source and it seems like we pay a pretty steep price for that - something that gets used very seldom. I don't pretend that I'm going to change that policy here, but I think that tonight, on this application, but I think it's something that the City ought to look at. Site Specific No.4, on the perimeter fencing of the northerly boundary, I can only say that I wish the golf course had fenced off the property before they started construction, then I wouldn't have any T boxes or greens on our property, but that's just kind of a side joke. I do have one suggestion, though. Perhaps it would be appropriate - I guess what I'm saying in my letter here is that I don't know of any other golf course community that requires fencing around between the private home sites and golf courses. In fact, most people buy on a golf course because they just like that uninterrupted green going out of their backyard. Now I understand that we want to respect property boundaries and maybe one of the things that would work is if we placed a wood post - not necessarily a fence all the way across, but a wood post at each property corner and that would help delineate the property boundaries of a more permanent nature than a re-barb pin that's stuck in the ground that might get buried up. I'd offer that as a suggestion to help find those property boundaries a little bit better if the Council would approve of that. Not only a point on the Safford Lateral - I talked to Shari about that. I have no problem with creating the common lot for the Safford Lateral. I think that's appropriate. We want to be able to work with Nampa Meridian Irrigation District and maybe - I doubt that we'll need the City's assistance in that, but to reduce that where appropriate so that they don't have any more easement than they absolutely need. We do feel that that is an easement for their benefit. They are required, I believe, to take care of their easements and maintain them and I think by placing a requirement on the Ashford Greens Owners' Association that they maintain it-you're basically letting Nampa Meridian Irrigation District off the hook for something that is and should be their responsibility. I have no further comments. I'll yield for questions from the Mayor or the Council. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Just one observation with your suggestion on the post, I don't know if everyone golfs like I do, but they may confuse that for the out of bounds area and to think that the yard is part of the course. Turnbull: Mr. Mayor, Council member De Weerd. We weren't proposing to paint them white. De W eerd: A post is a post. Meridian City Council Meeting ( October 17, 2000 l Page 34 1- ( Turnbull: But that is typical of most golf course communities that the typical situation is there's probably no fence. Some people do desire to fence off their properties, which I think is fine. I think in most instances, you'd find that people do not fence City owned golf courses - such as McCall's is that way. Most of the public courses around here that have surrounding development are that way. I don't know of any golf course that requires fencing between the golf course and the private properties. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On that subject, David, you've done a lot of development. I don't recall we've had a subdivision come through to this one that required fencing on the golf course. Have we? Turnbull: No, not in our case. We did provide it around the James Place portion because James Place is a gated community - as a security measure. That's why we provided it there. Corrie: Any other questions? Bird: I have none. Corrie: I do have a little concern. It's not a question, but I have a concern about that landscaping maintenance on that lot. It's going to be a headache for a lot of people living back there. If they don't and we try to get them to do it, I don't know whether the people that live there would be even happier to be part of the association to keep it clean or to fight the maintenance people. Turnbull: Mr. Mayor, I'm not suggesting that they probably wouldn't do it if it came to that. I just think that if you require it of the Owners' Association, it's not appropriate. It would give Nampa Meridian the signal that you guys do whatever you want and somebody else is going to clean up your mess. It's the easement given to them for their benefit and I think that they should take care of it. All back position, I'm sure that the Owners' Association probably would take care of it if the Irrigation District weren't. I don't think that it's appropriate to ship that burden to an Owners' Association for another government body's responsibility. Corrie: I agree with you in principal. I just know the practical part of it. Let the record show that I agree. It's like a crap shoot. Any other questions? Anything from the staff? Bird: Mr. Mayor. Meridian City Council Meeting ( October 17, 2000 Page 35 Corrie: Mr. Bird. Bird: You brought up a very good point, David. I'd hate to see Nampa Meridian get off, but I've seen some of the things they leave out there. Staff, how are we - have we had anything like this where we've given stuff like that and then who has taken care of it? Has it been the homeowners or - I'm like Mr. Turnbull. I don't believe we should let Nampa Meridian off, but I also know how they take care of their parcels. Just drive down Cherry Lane and you can find that out. Corrie: That's exactly right. Stiles: And that's the prime example of why we want the homeowners to be responsible for maintaining that. The first place they'll call will be the City of Meridian and they'll want us to solve their problem. They won't call Nampa Meridian Irrigation District. They'll want the City to fight their battle for them and try to force Nampa Meridian to clean it up. If it's noted on the plat that their responsible for the maintenance of that. You know. They can individually fight with the Nampa Meridian Irrigation District and say, "This is your responsibility to marntain that." Nampa Meridian is not typically going to look at a plat and say, 'Well, it's your responsibility to maintain it." The only thing Nampa Meridian is - concerned about is maintaining it for access to their ditch. The don't care about the weeds and I think the homeowners will be much more responsible and do a much better job than Nampa Meridian Irrigation District. Bird: I agree with you, Shari, but I also think that by putting on the Final Plat that it's up to the homeowners, we are letting Nampa Meridian off the hook and they can care - if they're not responsible, they could care less what kind of mess they leave out there. . Stiles: Can we put Nampa Meridian's phone number on the note, then? Bird: Well, I just wonder if we couldn't put Nampa Meridian on the Final Plat. What I'm asking is have we had this situation before and what have we done on these easements? Stiles: We've typically required it to be a common lot owned and maintained by the Homeowners Association. That's what the note on the plat says. Bird: Okay. Stiles: I know Mr. Turnbull had suggested that we turn over - that he turn over the ownership of the whole easement area to Nampa Meridian but I would hate to see that when the opportunity may exist for some kind of a pathway. Even though it is a live irrigation ditch, it will be a nice place, I think, for people to walk. I'm sure they will. Meridian City Council Meeting ( October 17, 2000 ' Page 36 De Weerd: They already do. Stiles: .If it's turned over to Nampa Meridian Irrigation District, that'll just give them more ammunition to say, "You're on private property. Get off of here." If it's owned and maintained by homeowners, its - Bird: Yes. How about the walker staying - Corrie: If I live over there, and knowing what David does in his lots and his homes, I would be willing to pay because he's top-notch over there. But that's personal. That's personal. 1'(1 let you have one more chance at it, Dave. Go ahead. Turnbull: When I uttered those words to Shari yesterday on the phone, she said - I won't quote what she said, but she said something to the effect that she'd hate to see that go to Nampa Meridian Irrigation District for the reason she just stated. I have to agree with that. I came to my senses. I think if the opportunity ever avails itself on the Parks Department or an agency of the City were able to make that into a walking path, I think that would be fine. Don't get me wrong. I'm not opposed to - whatever you decide here is fine. I just - I think that the City probably has a Weed Ordinance and I don't know when the City gets a complaint on Irrigation District - rights-of-way or easements. I don't know why the City shouldn't be the one to call Nampa Meridian and say, "Get this thing cleaned up." Stiles: They'd go to the owner. Turnbull: That's just - I'd hate to see them get off without any responsibility. It's for their use. They ought to take care of it. But, whatever you decide. Bird: Mayor, I think Mr. Nichols wants to reply. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council. For Mr. Turnbull's benefit, since Nampa Meridian only has an easement - an easement for irrigation works, the person that would get the ticket for the weeds would probably be the owner. When you say that they should maintain their easement, they maintain their road. They maintain their ditch. But it's a fine line as to whether that may be growing between the edge of the road and the edge of the property - whether that's really their responsibility or not. So I can appreciate your frustration with them. Everybody knows how difficult they can be to deal with. But in the long run, it's probably a more practical solution to recognize that all though there is an easement there, those people will own all the way to wherever the next boundary line is that the easement lays over the top of that. Meridian City Council Meeting ( October 17, 2000 ' Page 37 Corrie: There's a sample right on Cherry Lane. You see that fence that keeps encroaching and encroaching more. Then half of them are over here. They do come and mow it. Around the telephone polls - and that is growing six feet of weeds and you have to, like the attorney said - we write the ticket to the landowners and it gets to be a real kicking contest. Any other questions? Bird: I have none. Corrie: Discussion of Council. Alright. Then I'll entertain a motion on the Final Plat on Item No. 11 - Ashford Greens No.5. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Final Plat approval of 29 building lots and 3 other lots on 9.27 acres for Ashford Greens No.5 in an R-4 zone by Brighton Corp. with comments from staff and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. De Weerd: Mr. Mayor. Corrie: Motion made and seconded. Yes, Mrs. De Weerd. De Weerd: I would have a question on the perimeter fencing on the northerly boundary if you - Bird: I'm sorry. I would like to add to that no perimeter boundary. That will be on the north side. That will be up to the property owners - each individual property owner. De Weerd: Don't you want those brown posts? Bird: I don't even think we need brown posts. Anderson: Second definitely agrees. Corrie: Any further discussion? The motion is to approve the Final Plat of Ashford Greens No. 5 with staff comments with the deletion of the requirement for a perimeter fence on the north side and the rest of the staff comments to apply. Further discussion? Okay. Roll-call vote, Mr. Berg. Roll-call: Bird, aye; De Weerd, aye; Anderson, aye; McCandless, aye. Meridian City Council Meeting ( October 17 I 2000 '. Page 38 MOTION CARRIED: ALL AYES. Item 12. FP 00-021 Request for Final Plat approval of 129 building lots and 22 other lots on 68.44 acres by Bear Creek, LLC, for Bear Creek Subdivision - east of Stoddard Road and south of Overland Road: Corrie: Item No. 12 is a request for Final Plat approval of 129 building lots and 22 other lots on 68.44 acres by Bear Creek, LLC for Bear Creek Subdivision. Staff comments first. Stiles: Mr. Mayor and Council. This is for the Bear Creek Subdivision Final Plat. I don't see from their response that they have any issues with our comments. I would like the Council to make their recommendation. We talked about perimeter fencing in the previous application. We have the issue of the fencing around the park site. The Parks Director informs me that they have agreed to provide rod iron fencing adjacent to the park site. Our comments only indicated that the fencing had to be provided at this point adjacent to the building lots, which would be here and along these lots here. The applicant was responsible for having a parking area in this location here. They are proposing not to provide that paved parking area until such time as they have access through the public street system. The Parks Director has indicated he would also like the rod iron fence to be installed completely around the park with this phase of the development. I don't know if Tom has any other issues. We would ask that you approve the Final Plat of Bear Creek Subdivision No. 1 for 129 single-family building lots with staff and agency conditions. Corrie: Gary. Smith: Mr. Mayor and Council members. I'd like to bring one issue before you as far as a condition of approval on Bear Creek No.1. That has to do with construction of the off-site sewer, which is a requirement because of the lift station and pumping into the Ten Mile Creek drainage. At previous meetings with the applicant - or at a previous meeting with the applicant, we discussed the timing of this construction and I don't believe - at least from our notes that a decision was ever made as to when this would happen. The only decision that was made by my department was that they would allow the development plans for the subdivision to be submitted for review and approval as long as the plans for the extension or the off-site sewer improvement were underway. The question that the applicant has asked is when does the offsite sewer need to be constructed. After conferring with my staff today, our suggestion and request to you and to the applicant is that the off-site sewer plans need to be completed and approved by the City of Meridian prior to City Engineer's signature on the plat. I know they're underway. We've met with the engineer and preliminary plans. He's developed Preliminary Plans. I don't think there's much - well I don't know how much there is left to finalize those, but that was a week ago, I believe that we met with him. We would further request that construction of the offsite would Meridian City Council Meeting ( October 171 2000 ' Page 39 ( begin no later than one year from the date of the Final Plat approval by City Council and that the developer would post surety in favor of the City of Meridian for 110 percent of a contractor estimate to construct the extension. There is more urgency in developing and providing this relief sewer because of the significant interest in development of property on the Ten Mile drainage in the Amity Road area - Locust Grove Road area, so that's why we want to make sure this offsite sewer gets constructed in a timely fashion. This phase of this development is approximately half of the overall project, so it's a sizeable Final Plat at 129 building lots. Also, another situation that needs to be dealt with is the resurfacing - the proposal by the highway district to resurface Franklin Road from Linder to Ten Mile next year. Because this offsite sewer crosses Franklin Road at Linder, that could become an issue that will need to be dealt with the Highway District This crossing would need to be made ahead of that pavement overlay. Of course, that depends on where the overlay starts. If the overlay starts at the taper of - or the end of the taper of Franklin Road, then that is west of this intersection and it wouldn't be a problem as far as the overlay. However, this pavement is less than five years old. That cut crossing still needs to be approved by the Highway District as that section of street is under a five-year moratorium. Those are all my comments on the offsite sewer. Kuntz: Mayor and Council. There's only two unresolved issues right now in regards to the Parks Department and we're in the process of trying to come up with a workable compromise. One is irrigation water to the park site. It has to come from a distance - from a shared pump house. There has been no resolution yet on who is going to pay for that piping to the park's property. The second item which we haven't resolved yet is an easement with ACHD on the drainage swells contained within the park. Those are the only two issues that are unresolved right now. We are meeting with the developer to come up with a plan to construct the two parking lots and get the rough grading accomplished as well as the irrigation system and the grassing that the developer has committed to. Thank you. Bird: Mr. Mayor. Tom, on that rod iron fence, you want it to go across the south boundary of the park, right? Up the east? Kuntz: All the way around the perimeter of the park. Bird: That's what I'm saying - to cross the north. How about the west down the road? Kuntz: Yes, sir. Bird: You want it a complete circle. Kuntz: Yes, sir. Meridian City Council MeeUng (r October 17 I 2000 ' Page 40 ( Bird: Okay. Kuntz: Not down Stoddard. Bird: That's what I mean. So you want it northeast and south perimeter. Kuntz: Correct. We want the park open to Stoddard Road. Bird: That's what I thought. Thanks, Tom. Kuntz: Thank you. Corrie: Any questions of staff? Any particular comments from engineering? Arnold: Mayor Corrie, members of the City Council, for the record, Steve Arnold, Briggs Engineering, 1800 Overland Road. I'm representing the client, Bear Creek, LLC here tonight. One point of clarification that we would like to ask for - Mr. Smith indicated that it would be that our bond that we provide for 110 percent be from the time that City Council approves the Final Plat. Assuming that that's done tonight, what we'd like to request is that because we are currently working with the City Engineer and staff, we'd like it to be the one year from the signature of the City Engineer if that's acceptable. The Bond. Corrie: Gary. Smith: Mr. Mayor and Council. Our ordinance requires that all improvements that aren't constructed prior to the signature on the plat have to be bonded. Arnold: That's what I thought, but I thought it was from the approval from City Council that you stated. Smith: The construction, one year from the date of approval begins - the construction begins one year from the date of approval. From the time that I would sign the Final Plat, until construction, a bond would be in existence guaranteeing the construction. Arnold: The other issue - the irrigation - we have been working with Nampa Meridian Irrigation District's John Anderson, and unfortunately, he has been out hunting this time of year and we have not completed this. We think what we have worked at with the Parks Department, except for the - and in addition to the parking lot that is not served by any public street at this time, we feel that we've got acceptable solutions with the parks. I have no further comment. I'll stand for questions. Bird: I have none. Corrie: Okay. Thank you. No questions. 1'(1 entertain a motion on the Final Plat. Meridian City Council Meeting ( October 17, 2000 Page 41 ( Bird: Mr. Mayor, may I ask Tom one other question? Tom, on that rod iron fence, how high do you want it? Do we need to specify that or what kind of a - Kuntz: Well, I think in the negotiation process, we were talking about four-foot or five-foot maximum. Bird: Thank you. Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Final Plat for 129 building lots and 22 other lots on 68.44 acres of Bear Creek Subdivision - Stoddard Road and Overland Road with the specifics offsite construction of sewer will be bonded for 11 0 percent prior to signature of Final Plat by engineer and construction to be started by October 1, 2001 and on the northeast and south boundaries of the park to have a four or five-foot rod iron fencing all the way around and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. Corrie: Motion made and seconded to approve the Final Plat of the Bear Creek Subdivision - 129 building lots and 22 other lots based upon the motion that was given including staff comments. Bird: Yes. Corrie: Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: Anderson, aye; Bird, aye; McCandless, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. B. Parks and Recreation Director - Tom Kuntz: 1. Patio Lease for Smoky Mountain Pizza at Generations Plaza: Corrie: Department Reports. The treasurer is not here. She did it last month - the last meeting. Our Parks and Recreation Director, Tom Kuntz. Kuntz: Thank you, Mayor and Council. Item No.1 that you have in your packet is the patio lease for Smoky Mountain Pizza at Generations Plaza. After review by the developer and by the Parks and Recreation Commission, who unanimously voted in favor of this lease at last night's meeting - there was one item which they would like to see changed and that pertains to no gates in the Meridian City Council Meeting ( October 17, 2000 ' Page 42 ( perimeter fencing around the patio. They would like to see that stricken from the agreement. Bird: Where's that at, Tom? McCandless: I believe it's page 5. Bird: Yes, I see it. So what you want is any gates and the fence must be approved in advance by the Parks and Recreation. Is that what you want stricken? Kuntz: Actually, as long as it's left in there, that's fine and then I just won't approve them. I thought it was worded a little differently than that. The second and last item, which they would like to see changed, and this was from a phone conversation with Scott Stewart today. They need to have a minimum of a ten- year lease with Smokey Mountain and if they don't, then they're in violation of their agreement with Smokey Mountain. As you can see, the way this is written, the first five years is actually less than that. It commences on December 1 st and goes through September 30th, which should be about - Is that eight months? Nine months? Ten-month period, and the reason that we structured this lease to go October 1 through September is to revolve around our fiscal year, and both the City Attorney and myself agree that that is the best way to structure this lease. So, as a compromise, what I proposed to the developers today, so that they can live up to their ten-year lease is that the first lease period would actually be five years and ten months, so that it would go through - the first segment of the lease would actually go through October 1, 2005, which would be five years and ten months. Is my math right here? Bird: Four years and ten months. You're actually in five years, but you're not in five fiscal years. Kuntz: Okay. So, we need this to run - the first term to run five years and ten months. Bird: So you need to go to 2005, then. Ku ntz: Correct. Bird: Okay. You've got your ten months on 2001. You've got your first year on 2002, 2003, 2004, 2005 and 2006. Kuntz: Okay. So we would need to amend the amount, and I believe that amount was figured on a four percent increase per year, and then take that through October 1 , 2006. Bird: You need to change the dates. Meridian City Council Meeting ( October 17,2000 Page 43 Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Tom, as far as the option to renew goes, would it be an additional five- year term beginning at the end of that five year and ten months? Kuntz: Yes, sir. Nichols: So we'd need to change those dates as well. Kuntz: I did have one other issue. It's on page 9, Item No. 15. This pertains to the garbage dumpster, and as you can see, Item No. 15, mid-paragraph. Leasee will allow the leasor to dispose of six bags of litter per week. That's based upon that will have six garbage can receptacles there in the Generations Plaza when it's complete. In exchange for allowing them to access their dumpster, the leasee will also be responsible for keeping the dumpster area clean and in an orderly fashion. Shari's office has gone through about three or four different changes. To acclimate you, this is Pine Street traveling from 1st, traveling down Pine Street. This is their new parking lot, which you can pull in. This is the alley. This is 1st Street here. This is the vacated portion that we have discussed extensively and this is the existing City Pine Street parking lot, which right now, runs this direction and will be rerouted at their expense to run the opposite direction. What we're looking at, as an option to make it safest for the garbage company, and we've met down there with representatives a couple of times now. They've actually brought a garbage truck down there, which is a front load machine. Originally, the dumpster was here, but it was turned so that they would come into the new parking lot, come into the dumpster and then I believe they would have to back out of this parking lot because this turning radius from the parking lot into the alley way was not enough. It would come in here and grab the dumpster in the front of the load here, and then since this radius wasn't wide enough, they'd have to back out here. Shari, 'you can jump in here anytime you want to. What we felt was a safer solution is they would come down the alley this direction and across this City property here to gain their - dump the dumpster, then back up into the alley and then pull out our parking lot. So, in exchange for allowing them to come across this, they've agreed to let us dump the weekly trash from here, which they will be generating from their building. Anyway, to allow that into the dumpster. Shari may have some comments. Stiles: We just told them that we were not going to allow them to have the Building Permit for this until this whole issue was straightened out because instead of three or four, it's probably been 10 or 12 different versions of this I have seen. After this parking agreement arrangement was approved by Council, or that's what you felt your approval was, Ada County Highway District said, "No way are we going to allow you to do that." So I think they finally did go back to Meridian City Council Meeting ( October 17, 2000 \ Page 44 ( Ada County Highway District and got this configuration approved. I know that Tom was able to negotiate with them to get that. I think that that's the least they can do is allow you to dump the garbage there. What we were concerned about, too, was their clean-up of the area, particularly since these little things here are grease barrels that will be used by the restaurant if there's a restaurant here and Smokey Mountain Pizza - and wanted to make sure and I see that he's included in the lease agreement that if there's any clean-up of that area required, that they'll be responsible for doing that. Hopefully- Bird: Those are grease barrels? Stiles: So, I don't know. It was more out of consideration for Sanitary Service Company than for this development. Otherwise, they'll (inaudible) - they would have to go down the alley here and then come out and then they'd have to come out here just to pick up the one dumpster and then come back around - wanting to cooperate for Sanitary Service's sake and that's why that proposal was considered. We told them that we're not approving any site plan that show this configuration unless the City Council approves it. Bird: How big of a dumpster holder is that? How tall is the things and everything? It's not going to be able to be accessible by kids, is it - coming over the top, if you've got grease barrels in there? Stiles: I don't think they've shown any plans on it. I would imagine that's going to be six-feet high. It's a six cubic-yard dumpster, which is the bare minimum. Bird: Yes, but what about the grease barrel? Stiles: Well, it almost looks like it's some kind of a gate here. Bird: Are they going to cover that? Stiles: It looks like they have a wall that goes around on the three sides here - Bird: Yes, to cover the dumpster with a gate. Stiles: And it also looks like there's a gate here. Bird: The grease barrels are going to be in a separate area, aren't they? We might want to look at enclosing that. Anderson: It is. It just doesn't have a roof over it. Stiles: Well, it would be enclosed because it has a fence around - Meridian City Council Meeting ( October 17, 2000 Page 45 ( Bird: Well, I mean does it have a roof over it - a complete enclosure. I think you're required to do that in Boise, but I'm not sure. There's a lot of things. I think Ron will vouch for this. It's very susceptible to flame. Kids could start a fire. I think, in Boise - in fact, I know the restaurants my brother owns - they're completely enclosed and roofed over - if I remember right - for the grease things. I think we'd better look into it, Shari. I think you and Tom ought to find out if that is - Maybe Ron can answer. I don't know. Anderson: I don't know what type of barrels these are - whether they're all *** End of Side 3 *** Anderson: -- bring them out full and set them there or whether they'll be going out periodically and putting more grease into them or- Bird: They have to be separated. They want them separated from the actual garbage can. That's actually a separate enclosure that's hooked to it, Tammy. It needs to be enclosed. De Weerd: So, why - does it have to be by the garbage can? Can that- Bird: Why can't it be next to the building - back of the building? Stiles: They don't want it next to them. Bird: It's for fire, probably. Anderson: It's flammability. Bird: I know. My brother's are all off the building. Kuntz: The other issue that I guess I'll just touch on because it came up at the Commission meeting last night and I was asked to address it last week -- Their plans with Public Works show the drainage from the roof of this building is going to be piped to this seepage bed underneath their parking lot, but instead of running it in their attic, they were going down the back of the building to the seepage bed. They ran it down the side of the building in two spots and then piped it and asked for a permanent easement through this flower bed, as well as their waterline - instead of running it in the floor of their building, they want to put it underneath the patio and run it through this flowerbed and into the side of the building. The Parks Commission, last night, voted unanimously not to allow them to do that. I contacted Ward today and told him that they need to include all of that in their building and not on our property. Now, I don't know if that needs to be included in the lease. I didn't think it did. Bird: That wouldn't be in our part of the lease. Meridian City Council Meeting (- October 17, 2000 Page 46 , - { Kuntz: But we will be making sure that that happens. Bird: What was their objections to coming down like that? I know one on the commission that's done it in buildings before. Stiles: What they initially proposed, when they brought in their site plans is all of their storm water in City property. Kuntz: A seepage bed. Bird: I understand that, but to picture your roof and stuff - what they're doing is bringing it down the side of the building and coming down into a deal and then they'll run it into the seepage bed over there. It's probably because of the contour of the roof that they want - that it meets better at that location - than it does in the back to get the stuff drained with all of your units and stuff on top. I don't see any problem with going through a flower bed. I believe this is done quite commonly in the building business, but that's strictly up to Planning and Zoning and not me. Kuntz: Well, we just thought it was strange that they wanted to do all that on our property. Bird: Well, you rent it by the square foot, don't you? Kuntz: The area that they want to run that through, Council member Bird, is not included in this lease. Bird: I know, but it would be a taken easement to go through that and actually, what's it going to hurt in your flower bed? Kuntz: Probably nothing, until they need to tear it up. Bird: Well, as long as they tear it up but they have got to replace it to back to normal. Stiles: They know that they can't vacate it clear to here. Kuntz: Right. So, on the lease tonight, I'm asking for your approval with the changes on the first lease period and the dates being changed. Bird: And also, the gates were okay. Isn't that right, Tom? De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. Meridian City Council Meeting ( October 171 2000 Page 47 (~- De Weerd: If there are no further questions or comments, I would attempt a motion. Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I move that we approve the lease for Smoky Mountain Pizza at Generations Plaza with the suggested changes as noted by Parks Director, Tom Kuntz and to also have them pursue enclosure on the trash and oil area and have the attorney draw up the appropriate papers and have the Mayor sign and the Clerk attest. Bird: Second. Corrie: Good job. Motion made and seconded to approve the patio lease of Smokey Mountain Pizza at the Generations Plaza with the changes of Mr. Kuntz and also full enclosure of the grease area and have the attorney draw up the proper order and the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none. Roll-call vote, please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES. Kuntz: Mayor and Council. Just clarification for myself on the waterline and the drain from the roof. If they can't work out a system - especially on the drain to where they can retain the piping inside their attic of their building and come down the back, I just want to make sure I'm clear on your direction as far as how far I should take this issue. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I think that as long as there is an agreement in place that anytime those need to be repaired that they would pay for putting things back as they were, we should be okay. 1. Update on Master Pathway Agreements with Nampa Merid ian I rrigation District: Kuntz: Thank you. The next item is just a really brief update on the Master Pathway Agreement. The Meridian Parks Department met with Boise City Parks and Ada County Parks approximately three weeks ago. The Boise City Attorney was also in attendance. We went page by page over the Master Pathway Agreement and made some changes. Ada County and Boise City Attorney met with Nampa Meridian Irrigation District's attorney, Dan Steenson and those Meridian City Council Meeting ( October 1712000 ' Page 48 changes were taken to the Nampa Meridian Irrigation District Board today for adoption, and then once that is in place, then we will get a clean copy that I will forward to our attorney. Then we'll be bringing back to you' for your review at some point in the near future. Corrie: Any other questions for Tom? Bird: I have none. De Weerd: None. Thank you for your work on that, though. 3. Approval of Master Plan for Chateau and 56-acre park: Kuntz: No. 3 is what we covered in Pre-Council. I am requesting approval of Master Plans for Chateau and the 56-acre park so we can proceed with RFP's to hire a landscape architect to do the design work. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Tom, are you going to put both of them out for bid at the same time? Kuntz: Yes, sir, but we will separate them so that a company can bid on both or do one or the other. Bird: Can I remind you to make sure in your bid documents that you get the insurance - the Builder's Risk Policy cleared up so that it is covered by the general contractor - in your bid - if you don't have other bid documents, we can't get with Mr. Gigray or Gary. Builder's Risk Insurance, we would like to see covered by the builders now and not by us. De Weerd: The design - Bird: Oh, the design is something else. These guys are going to be drawing up the bid documents. Kuntz: Correct. Bird: And so this is just something to look - we would, as a Council, I believe would like to see the Builder's Risk Insurance covered by the general contractor or the Construction Manager or however you do it. We've got to make sure we get that in our bid documents or we can't force it. Just a warning. Kuntz: Is that a boiler plate type of thing that we need to have from now on? Meridian City Council Meeting { October 17, 2000 Page 49 Bird: It's something I think that Mr. Nichols can - and Gary can certainly show you what we need. Whoever you decide to hire, Tom, to do this, when they prepare - I'm sure they're quite familiar with it. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Tom, you know when Gary gives us this kind of stuff, he even gives us the motion that we're supposed to make, so you might consider that in future correspondence. Bird: He's just getting bids, though. He don't have one in particular right now. He will come back that way. De Weerd: What kind of motion do we need here? To approve the Master Plans and give Tom approval to put it out for bid. Anderson: Second. Bird: Wait a minute. You want to select a landscape architect first, don't you? Kuntz: We will do that from the RFP's, Council member Bird. Bird: That's what I thought. But you're not putting it out for bid now? De Weerd: Does the second agree? Anderson: Yes. Corrie: Motion made by Mrs. De Weerd and seconded by Mr. Anderson to approve the Master Plan for Chateau and the 56-acre park and RFP's. Further discussion? De Weerd: Just with my apologies to Shelby. Corrie: Any further discussion? Hearing none. Roll-call vote, please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES. 4. Approval of Consultant for Parks Comprehensive Action Plan: Meridian City Council Meeting (- October 17, 2000 Page 50 Corrie: Item No.4 is the approval of consultant for Parks Comprehensive Action Plan. Kuntz: You should have in your packet memorandum from me dated October 13 in regards to this issue. Without reading it word for word, basically what happened is after we got the Final Draft from Norm Landerman-Moore Comprehensive Plan, it was still deficient in several areas. The Commission felt like instead of trying to get blood out of a turnip, that we would ask for Norm's electronic files and then pay him for the balance that we owed him. Since we were deficient in a plan that I felt like the City Council would approve and too would not enable me to use the plan on a day-to-day basis when planning for future park sites with the developers. I moved ahead and found a consultant who I thought could finish up the component of the plan that was essential and that was an action plan. Unfortunately, I did not go through the process of getting the Council's approval. Now I'm back-peddling. In your packet, you should have an Exhibit A, which actually shows the work program and what the consultant will provide for us that will be what we envision an addendum to the Comprehensive Plan that Norm has provided. This went to the Parks and Recreation Commission last night and they recommended approving the agreement with Jerry Draggoo, who is now MIG. As it's stated, we're bout 20 percent completed with the process. Again, I apologize for this coming to you after the fact. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Tom, I take it this agreement, Exhibit B is not to exceed $1 O,OOO? Kuntz: Yes, sir. Bird: But the date up here, September 19th of I don't know when until December 31, 2000 and you're telling me that in August they were 20 percent done. I don't believe that the attorney would recommend that we sign a contract after the fact. So that September 19th needs to be moved back to whenever you hired him. So whenever you hired him, Tom, we need to change that front date there on September 19th. The agreement shall not exceed $10,000. Is that comfortable with you guys? Kuntz: Yes. Actually, we've paid a percentage to where last fiscal year, we paid them about $1 ,700 so the balance of what we owe him is about $8,000. Bird: Okay, but you need to date that back to whenever you hired him. Kuntz: In August. Bird: Whatever date in August until December 31st. If there aren't any more questions, Mayor, I would move that we approve the agreement with Moore, Meridian City Council Meeting (C-- October 17, 2000 Page 51 (r lacofano, Goltsman, MIG; Incorporated for the Mayor to sign and the Clerk to attest. De W eerd: Second. Corrie: Motion made and seconded to approve the MIG Proposal Action Plan and change the September 19th date to the August correct date and the Mayor to sign and the Clerk to attest and not to exceed the amount of $10,000. Any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Has the City Attorney reviewed this? Corrie: Yes. Any other questions? Hearing no other questions. Roll-call vote, Mr. Berg. Roll-call: Bird, aye; De Weerd, aye; Anderson, aye; McCandless, aye. c. Public Works Director - Gary Smith: 1. Creekside Arbour Easements Corrie: Public Works Director - Gary Smith. Smith: Thank you, Mr. Mayor and Council members. The first item I have is an easement request to approve an easement for a waterline. That is constructed in the Creekside Arbour Development Apartment Complex. This easement is necessary because all of the streets within the development are private streets and this allows us access to the city-owned operated and maintained water lines and sewer lines. This easement has been signed by Mr. And Mrs. Levelle and the legal document describing the easement as well as drawings for the easement are attached. They should be attached to your copy. I would request your approval of the easement and acceptance of it so that we can record it. If you have any questions - Bird: I have none. Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we accept this Creekside Arbour Easement and approve it. Anderson: Second. Meridian City Council Meeting ( October 17, 2000 Page 52 ( Corrie: Motion made and seconded to approve the Creekside Arbour Easement. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. City Resident Water Service - Turn-off of Delinquent Accounts: Smith: Thank you, Mayor and Council. The next item I have is a request to amend our turn-off of delinquent accounts. The letter that you have attached to my transmittal sheet is a policy change that was drafted by John Shawcroft, our Wastewater Superintendent and Water Superintendent and Leslie Howard, our Billing Supervisor. It really centers around being around - being more - having more of a convenience factor for our water users - our customers - them being able to make their payment on the last day - Black Wednesday as it's lovingly referred to. This proposal would allow Water Department Personnel to accept funds in the field at the point of turn-off, which it comes down to sometimes. This payment would have to be in the form of a check or a money order. No cash could be accepted and the Water Department personnel would need to be bonded in order to do this. Also, it would involve allowing two staff members from the Building Department to stay until 7:00 p.m. on turn-off day at City Hall and payment after 5:00 p.m. would be accepted through a drop box so that there wouldn't be any access inside City Hall for security purposes. I think that we can accomplish this by installing a mail opening in the glass - either door or side window inside the vestibule. Also, a proposal is to raise the turn-off fee to $50 which would be collectible prior to turning the water service back on. Those four items constitute the policy change request and the Water Department, with your approval, would implement the policy changes for turn-off in November, which is on the 29th because of the Thanksgiving Holiday. I think the only thing of all of this is it really impacts the customer the $50 turn-on fee. That's a substantial increase over what presently exists and I'm sorry that I can't tell you what that number is. It's not much. $10, maybe. Corrie: $10. Smith: Yes. $10. Nichols: Mr. Mayor. Corrie: Do we need a public hearing on that one? Nichols: Mr. Mayor and members of the Council. We need a public hearing in order to raise the fee more than five percent and the other thing is we'd have to have a basis for why that fee is $50. You'd almost have to do a cost accounting of all the things that are associated in connection with that to show that the cost is $50. Meridian City Council Meeting ( October 17 t 2000 Page 53 ( Smith: We can do that. Bird: I think that's been done already, hasn't it, Gary? Smith: Yes. I don't have that breakdown for you this evening, but it has been done. Corrie: You have to have a public hearing, but you could have all of it - I mean do you want to do it in November without that $50 until that comes in - Bird: What do you think? Do you want to try it? I think it's a good idea. Corrie: To try it, yes. Bird: We have to leave that turn-off at $10, but do you want to try it? Corrie: They can't do anymore than holler at us anyway. Bird: No, I mean with the $10 turn-off, but try this thing. Corrie: I think so. We've discussed it with Gary and John and Leslie and I in a couple or three meetings and we thought this would probably be the best way to do it. Of course, with the fee, you can increase that later. We'd like to try it. There are people that get off work at 5:00 p.m. They come here and it's closed and then they get frustrated and call me and everybody else. I would recommend that you'd give it a try. Bird: Well, you've got to administer it, so - Corrie: Yes. Having what I said before - Leslie and John - we discussed this and we figure that that's really accommodating more people. Bird: I think it's a good idea myself. Corrie: We're meeting them halfway with this and you're always going to get somebody hollering no matter what. I think it's a pretty good deal, myself. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: My only comment would be that I think the policy is good and the changes that you're recommending are good, but in addition to having the public hearing - I guess the implementation time for me - I would like to make sure that we give plenty of advanced notice and would send out notices with the bills going Meridian City Council Meeting ( October 17, 2000 Page 54 out in November. I guess I would like to see us maybe shoot for more like a January 15t start date on something like that and give them a couple of months advance notice that this policy is going to be changing. That would also give us time to do the public hearings. Bird: Mr. Mayor, the only thing I would say that we aren't actually - Ron, as far as - the only thing we were changing was the $50 shut-off fee, which we know we can't do that. This actual policy is a help to the people with their turn-ofts. I have no problem with when you want to implement it. Anderson: It sounds like, from what I've been hearing from Billing is that there are some people that are just habitual with this and the $10 is not significant to them. So, if we give them a couple of months of saying, "Okay. That's ending. It's going to be $50 and they can't come whine. Well, they will, but at least you take some of the wind out of their sails when they do come whining because you could say - Bird: So you want to implement this in January? Anderson: That would be my preference. Bird: Now, do we have time to get the public hearing in so that we can get the increase. Nichols: Councilman Bird, Mayor, members of the Council. I think there's kind of two issues. One is you're talking about the policy changes about having your Water Department personnel being able to accept payments and those sorts of things and you can make that effective as soon as they're bonded and so forth. What I heard from Councilman Anderson is the $50 charge needs to have more lead-in time so people aren't surprised. You can make that effective in January and hold your public hearing whenever you need to in the next month in order to have enough time before that comes into play. I also had a question which is what is your fee for a bounced check? Corrie: You accepted checks, not cash because there are some people - we accept only cash from them because they have bounced them before. Bird: Yes, but we can't accept cash out on the job, Mayor. Corrie: I understand that. Nichols: But that's my point, though is that - Mr. Mayor and members of the Council. If you're going to have a fee hearing on your $50 shut-off fee, and if you're only charging $5 for your bounced check, then you figure out your cost- accounting on what you have to deal with on that bounced check so that when somebody says "Don't shut off my water. Here's a check.H And they know Meridian City Council Meeting ( October 17 J 2000 Page 55 there's no money in the account and the check bounces the next day when Leslie takes it to the bank - or Rita or Janice or whoever. There's an additional kicker there as well as the shut-off thing coming into play again. Bird: That would take another complete policy change though, wouldn't it, Mr. Mayor. Nichols: Well, I think it's just a fee change in terms of the - what the City charges for an NSF check. Anderson: I would think that - I mean - you're already kind of giving marching orders that they need to go back and justify the $50 accounting. As part of that, they could figure out what our costs are going to be on dealing with a bounced check and make that all part of the ordinance or whatever we have to do to pass that. Bird: Mr. Mayor. Mr. Anderson, do you agree with that? Let's get the policy change in November and then the fee change - structure change and then it plays in January? Anderson: Yes, I would agree to that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we approve the policy changes in the City for turn-off delinquent accounts and to implement the policy change in November if the people are bonded. De Weerd: As long as they're bonded. Bird: If the people are bonded - and that we implement the turn-off fee raise to a cost-effective dollar amount by the end of January, 2001. Anderson: Second. De Weerd: Did that include the NSF charges as well? Bird: No. That would be a cold City policy because we get - we get non- sufficient checks besides other places - besides - They probably get a billing department or stuff like that, too. That would be something that the treasurer would have to do. De Weerd: Okay. Meridian City Council Meeting ( October 17,2000 Page 56 ( Bird: The Police Department probably gets to collect on those. Corrie: Motion made and seconded to approve with the conditions as stated and start in November with the people bonded and implement the fee raise cost- effective by January 1, 2001. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: ALL AYES. 3. Water Hookup for Jerald S. and Jane E. Frank: Corrie: No.3. Water Hookup. Smith: Thank you, Mr. Mayor. This is a Water and Sewer hookup request. Actually, it was initiated as a sewer hookup request for Gerald S. and Jane Frank. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Gary, have you received a letter requesting hookup from Mr. Frank. Is that what the issue was last meeting? Smith: Yes, that's correct. I have not received a letter. I sent a letter to Mr. Frank on October 4th to the address at 2310 South Locust Grove and it came back undeliverable. The gals in the Permit Department had a - apparently a renter lives here at this address and they had an address for Mr. Frank because of the assessment that he had paid for the facility, so they resent the letter and to this date, I have not received a written request. McCandless: Oh. Smith: I don't recall when that letter came back. It hasn't been that long ago. It seemed like it was the end of last week. De Weerd: But he paid the fee? Smith: Yes. He paid for the sewer hookup fee. Correct. Apparently, both of those were emergency requests and they came in immediately after the telephone calls that Bruce Freckleton made to you. They came in immediately and paid the fees and filled out the paperwork. I can't say for sure, but I assume they're connected. Corrie: Mr. Nichols, can we not approve this agreement subject to the letter? Meridian City Council Meeting ( October 17, 2000 Page 57 Nichols: Mr. Mayor, members of the Council. I'd say approve the agreement and we get the signatures on the agreement. It's the same thing as a letter of request. We've got them bound with regard to issues of annexation and the other things that we needed done. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the water hookup for Jerald S. and Jane E. Frank on Locust Grove Road and for the Mayor to sign and the Clerk to attest. Corrie: Is there a second? Anderson: Second. Corrie: Motion made and seconded to the agreement for hookup of City of Meridian Water and Sewer by Jerald S. Frank and Jane E. Frank and for the Mayor to sign and the Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Smith: Thank you, Mr. Mayor. Will the City Attorney send the agreement out to Mr. Frank or am I to do that? How would we do that? Nichols: Mr. Smith, our office has not, in the past, marshaled the signatures on that. Smith: I can do that. Corrie: Get that done. Okay. Bird: Is this Jerry Frank from Petra? Smith: Yes, sir. Bird: Out in Black Eagle. 2. Water Hookup for Marvin A. and Violet Werth: Smith: The last item is the water and sewer hookup for Marvin and Violet Werth, also on Locust Grove - 2150 South Locust Grove. It's a similar situation, with the exception that Mr. Werth was at the hearing before you and requested that he not be required to connect to water until October 30, 2002. That item is Meridian City Council Meeting ( October 17, 2000 Page 58 included in this agreement. So I would request your approval of this connection agreement and I will send it to Mr. And Mrs. Werth for their signatures. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: If we have no questions, I move that we approve the water and sewer hookup for Marvin A. and Violet Werth at 2150 South Locust Grove Road in Meridian, Idaho for the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion made and seconded to approve the water hookup for Marvin A. and Violet Werth and the Clerk to attest and the Mayor to sign. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. D. Human Resources Director - Pauline Skeggs: 1. Approval of Salary Adjustment Schedule: Corrie: Approval of Salary Adjustment Schedule. Mr. Nichols. Nichols: Mr. Mayor, members of the Council. I think you've pretty much already done this. This was the - I am still a little bit confused and I need to talk to Pauline some more. It was my understanding that Council approved a 2.7 percent cost of living adjustment and also authorized up to an additional three percent increase based on the midpoint range issue for merit to pay in accordance with the compensation system. I think there was a motion from the Council to that effect. I don't - I've looked at what Pauline has given me on the current compensation resolution and I'm not sure anything other than what the motion the Council has already passed is necessary. I mean we don't - the three percent merit raise was dependant upon the employee evaluations and all of the stuff in the Compensation Plan. The 2.7 cost of living was across the board, so I thought that had already been done. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'm like Mr. Nichols. I thought we had done that and we also understand that there is quite a bit of difference that we will have to make up in our budget adjustment next year - N01 - that, we'll just do at the end of the year. I thought we had accepted this and we were working on - throughout this year, some kind Meridian City Council Meeting ( October 17 I 2000 Page 59 of a step program that we could implement for next budget year for the rest of the city kind of like the one we've got for the police. We've probably confused Pauline so much. Corrie: Shari. Bird: Gary's got a question. Smith: Mr. Mayor, I just had a question. I don't have the paper with me and my memory is not doing really well at the moment, but there was a handout at one of our staff meetings that showed a different percentage of increase for merit based on the results of the evaluation. Did I misread that? I thought there were three different levels of increase. If you were evaluated at a three, there was a certain percent of merit increase and four and five were a certain percent. Corrie: There's a total of 5.7 percent with the COLA. Smith: How does that evaluation figure into that three percent? Was it three percent based on a five or a four or a three or -- because there were three - I remember three different levels of merit increase, but they were based on the results of the evaluation. De Weerd: Mr. Mayor, if I recall, I thought that was something that we had to discuss later and that it was - For lack of time, it was just decided to do the three percent average and let the department heads base it on performance. I would imagine three percent would be average and or below nothing, so I don't know. Smith: So departments are allocated three percent of the total salary budget to distribute however - is that how you're saying? Anderson: Why don't we talk to Pauline before - Corrie: She is basing it on 5.7 percent. Bird: 2.7 of that is automatic to everybody. De Weerd: Right. Corrie: The three percent was based upon the merit. Bird: She's got a scale, and I'm like Ron. I think we had better just stay away from it or we'll put our foot in our mouth as usual. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. Meridian City Council Meeting ( October 17,' 2000 ' Page 60 (- De Weerd: We also got recommendations from Gary. We had a couple of areas that were of wanting further information on and Gary has provided a recommendation on how to deal with his engineering tech positions and I would like to have that integrated in here as well. I thought we had asked that one of the planner two be listed as a planner three on this final sheet. That hasn't been done, so there's still a couple of changes, in my opinion that need to be made on this. Corrie: Okay. Number three has already been in there. It's just a matter of putting it into planner three, because the scale is already there? Am I correct? Stiles: Well, I hope so because I've made commitments to Steve based on what Pauline has told me, so I was relying on the numbers that she gave me. Corrie: That's the number she got - Bird: Excuse me, Mayor. Shari, what - now you say Steve. How about Brad? Stiles: Steve - I don't know if all of you know. Steve had received a job offer from Boise City and it was approximately $41 ,000. So he wanted to know where he would be with the City should he decide to stay. I got those numbers from Pauline and she said there was an equity adjustment that was made based on her reevaluation of equity in the Treasure Valley for planners. That would be a certain percentage for an increase, and also, he'd get the 2.7 percent COLA. That wasn't including his three percent that he may be eligible for in January, which is when his evaluation is. That will still put him above Brad if I make him a Planner Three, which is what I intend to do, so I would have to go out of guidelines to give him a little extra based on his lead position as a Planner Three. De Weerd: Wouldn't he get the increase when he was - when he moved to the Planner Three? That's why I understood the position was created - the Planner Three position was created - for your next person in line. Stiles: He would get an increase as a Planner Three, but that would still leave him making less than Steve with the way it's run now. So I would have to go out of guidelines to make sure that Brad got a couple thousand more than Steve will be making. Steve will be at approximately $39,000 something. Corrie: Are you the liaison? Bird: For what? Corrie: For Planning and Zoning. Bird: No. Tammy is. Meridian City Council Meeting (' October 17, 2000 Page 61 ( Corrie: You need to get together - what you feel should be done - either in guidelines or out of guidelines. De Weerd: Okay. E. Planning and Zoning Director - Shari Stiles: 1. Update of results on the complaint by John Wasson of the lighting at the strip mall at the corner of Linder Road and Cherry Lane: Corrie: Shari, you had a Planning and Zoning Director update on the complaint by John Wasson of the lighting at the strip mall. Stiles: I drove past that Cherry Lane Center yesterday. There are still no shields put around the lights. I have called Roy Brown, who is one 'of the owners of the property at least twice a week for the last three weeks. I have had no response. My last call was yesterday and it was a little more firm. I told him again that I needed to make a report to the Council on where he was on getting those shields installed. Since I had heard no response from him that I would need to turn it over to the City Attorney at this point. He hasn't even returned my calls. He doesn't answer his cell phone. He had promised me weeks ago that he would put shielding around all the remainder of those lights and has made no attempt to do it. It can't be anything difficult to do. I could do it myself. I could get some aluminum foil and at least make some attempt to do it. Corrie: Bill, can we work something out with a summons or something to get this taken care of? Nichols: Mr. Mayor and members of the Council. I'll remind you that you've built into the retainer this year some civil code enforcement and I think the step would be for Shari to get a file together and we'll get it up to Larry Moore and Larry will send out a Notice of Non-compliance. We'll get their attention, and if that doesn't work, then we'll start laying the ground work and we can get pretty nasty. Stiles: So at first, it would just be a Notice of Non-compliance. Notify your office within 1 0 days or whatever. Nichols: We've crafted to the circumstance given why you've documented in your file you've done about trying to call this person and let them know what is required, and then we - *** End of Side 4 *** :n I Meridian City Council Meeting ( October 17, 2000 Page 62 Corrie: Okay. We'll take care of it. That being the last on the Agenda, I'll entertain a motion to adjourn. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to adjourn. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11 :45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF BOND & ) SHELLI~PBELL,FOR ) PRELIMINARY PLAT APPROVAL ) FOR PROPOSED HOLLOWS ) SUBDIVISION, MERIDIAN, ) IDAHO ) ) PP-oo-o 13 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City . Council on September 19, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Jeff Manship of Pinnacle Engineers, Inc., appeared and testified, and the City CotU1dl having received a report from Bruce Frecldeton, Assistant City Engineer, and Shari Stiles, Planning and Zoning Administrator, and the City Cormcil having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat at the September 19, 2000, City Conncil meeting, and the "Preliminary Plat Drawing DATE: 05/01/00, Drawn By: RGS, CHEClCED BY: J. CARPENTER, P.E., PROJECT NO. C006076, SHEET PPl, PINNACLE ENGINEERS, INC., Developer, for THE HOLLOWS SUBDMSION," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT (PP-OO-013) - 1 ( findings: FINDINGS OF FACT 1. That the proposed development is in conformance vvith the Comprehensive Plan by reason of the fact that it lies vvithin the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Medimn Density Residential (R-3), and requires connection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 C.] 2. The preliminary plat is in conformance vvith the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is detennined that Urban Services can be made available to accommodate the proposed development if the plat complies vvith the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development vvithin the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there vvill be public financial capability of supporting services for the proposed development. 5. The development if built in accordance vvith the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT (pP-OO-013) - 2 ( ( any such conCeITlS brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein described. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by Preliminary Plat hereinabove described, is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Submit letter from the Ada COtu1ty Street Name Committee, approving the subdivision and street names with the final plat application. Make any corrections necessary to conform. 1.2 Coordinate fire hydrant placement with the City of Meridian Public W crlcs Department. 1.3 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT (PP-OO-013) - 3 ( 2-5-2.I(). 1.4 All construction shall conform to the requirements of the Americans vvith Disabilities Act. 1.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance, except as provided for under site specific requirements. The ditches to be piped should be shown on the preliminary plat map. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, vvith written confirmation of said approval submitted to the Public Works Department. 1.6 Any existing domestic wells and/or septic systems vvithin this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape inigation. 1.7 Sanitary sewer service to this site is proposed via extensions from proposed mains vvithin "Wanda's Meadow Subdivision" therefore, the serviceability of this development is subject to the development of "Wanda's Meadow Subdivision." Subdivision designer to coordinate main sizing and touting vvith the Public Works Department. Sewer manholes are to be provided to l<.eep the sewer lines on the south and west sides of the centerline. Due to the shallow depth of the sewer, natural grormd to top of pipe, ASTM 2241 -SDR 21 Class 200 pressure pipe will be required for all sewer in Boulder Creel, Avenue. 1.8 Water service to this site vviil be via an 8-inch diameter extension from an existing 12-inch diameter main in Usticl<. Road, as well as an B-inch diameter connection to the proposed "Wanda's Meadow Subdivision." Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing vvith the Public W orl<s Department. 1.9 Two-hundred-fifty- and lOO.watt, high-pressure sodimn streetlights vviil be required at locations designated by the Public W orl<s Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT (PP-OO-013) - 4 (' ( 1.10 Applicant has requested connection with the City water system for irrigation purposes and a Variance was granted by the City Council to accommodate this request. The developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 1.10 A 20-foot-wide minimum landscape buffer, beyond the required ACHD right-of-way along Ustick Road, must be constructed by the developer as a condition of the plat. The landscape buffer shall be within a common lot, owned and maintained by a homeowners association, with a note indicating such on the Final Plat. The proposed buffer--Lot 1, Bled, 1 and Lot 10, Blade 2--conforms to this requirement. Fencing shall not encroach within this buffer. 1.11 A detailed landscape plan for the landscape buffer was submitted with this application. Staff recommends approval of the submitted plan, as it conforms to recommended minimum tree spacing @ 1 per 35 lineal feet of frontage. The only potential concern is that the applicant is proposing to seed the grass (instead of sod) within the landscape buffer-and we have seen several problems with spotty grass establislunent in seeded areas along other high-visibility arterial streets in the City. A final landscape plan for all common lots shall be submitted for review and approval with submittal of the Final Plat application. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 1.12 Six-foot-high, permanent perimeter fencing shall be required arormd the property, except where the City has agreed in writing that such fencing is not necessary. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building pennits. 1.13 Any entry signage for the subdivision must be placed outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Usticlc Road and Boulder Creel<.Avenue; Of, if the sign is less than 3' in height, it may be placed within the sight triangle. Show the entry sign age location on the required landscape plan to be submitted with the final plat application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT (pP-OO-013) - 5 (~- ( 1.14 Add a note to the final plat for minimum house size. (1500 SF exclusive of Garage area) 1.15 Developer shall be responsible for payment of assessments and the actual physical connection to the municipal sewer and water system of the existing home located on Lot 2, Blade 1. Fees are to be paid prior to signature of City Engineer on the final plat. 1.16 Due to the potential for shallow depth to ground water, developer shall employ a soils scientist to detennine the highest normal ground water elevation within the project limits. A report of the findings from the soils scientists investigation shall be required with the submittal of construction plans for this development. Adopt the Recommendations of the Ada County Highway District as follows: 1.17 Dedicate 48...feet of right-of-way from the centerline of Usticlc Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.18 Locate Boulder Avenue as proposed, I 88...feet west of the east property line. 1.19 Locate Summerfalls Street aligned with the approved stub street located in Wanda's Meadow Subdivision to the east of the site. 1.20 Install a sign at the terminus of Summerfalls Street stating that. "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 1.21 Construct Boulder Avenue and Summerfalls Street as 36-foot street sections with curb, gutter and 5-foot wide sidewalk within 50-feet of right- of-way. 1.22 Construct an ACHD approved turnaround at the tenninus of Boulder Avenue. This turnaround shall be constructed to provide a minimum ttuning radius of 45-feet. Submit a design of the turnaronnd for review and approval by District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT (pP-OO-013) - 6 ( 1.23 Construct a 5-foot "Wide concrete sidewalk on Ustick Road abutting the entire site, located 2-feet "Within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 1.24 Oose the existing driveway to Usticl<. Road from Lot 2, Block 1. Relocate the driveway to access Boulder Avenue. 1.25 Replace damaged curb, gutter and/or sidewall, on Summerfalls Street or Boulder Avenue "With new curb, gutter and/or concrete sidewall( to match existing improvements if during construction these improvements are damaged. Segments to be replaced shall be determined by ACHD Construction SeIVices staff. 1.26 Other than the public street specifically approved "With this application, direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required "With this application, shall be stated on the final plat. The City Council further require: 1.27 that an easement on the west bouncla1.ywill be of sufficient "Width to accommodate an inigation ditch that will be piped according to City ordinance. 1.28 Tiling and access to headgates by downstream users shall be constructed and approved by the Public W orl(8 Department prior to approval of the Final Plat. 1.29 Developer will install a fence on the north, east and west sides of the property. By action of the City Council at its regular meeting held on the 11~y of Oc/lr; ~ 1 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT (pP-OO-013) - 7 " \ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: /'tJ -17- tJ 0 By: City aerl, ; SEAL ~ ~ re:>'; \. _ ~ . ....ct' #.0 ff ~ ~ ~., t51 ~ ~ ~~ ~:If~ ~~ ~ . ~..... lV ".... Yl1 · ,\: "JJ \.\ \\ . ..: :.. 1J4IjltttH\\\\ ey;Z:\W otk\M\Meridian 15360!v1\Hollows Sulxliv\FfClsOrdPPlat:wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT (PP-OO-013) - 8 f. r ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF BOND & ) SHELLI CAMPBELL, FOR A ) VARIANCE NOT TO PIPE AN ) OPEN DITCH LOCATED ON ) THE WEST BOUNDARY OF THE ) HOLLOWS SUBDIVISION, ) MERIDIAN, IDAHO ) ) V AR-OO-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF . DECISION DENYING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 19, 2000, and a representative of the Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Bond Campbell, and appearing and testifying on behalf of the Applicant was Jeff Manship, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council tal<.es judicial notice of its Zoning, Subdivisions and Development Ordinances codified at TItle 11 Municipal Code of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 5 ORDER OF DECISION DENYING A VARIANCE / V AR-OO-021 BOND AND PINNACLE ENGINEERS, INC. ( and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code s~ 67 ~6509, 6516 and Meridian City Cbde 99 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant and Owner are Bond & Shelli Campbell. 4. The location of the subject property is the west boundary- of the Hollows Subdivision, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter. 6. The present land use of subject property is presently zoned as R-3. 7. The proposed land use of subject property is to develop the subject property in the following manner: residential subdivision. 8. That a vicinity map, attached hereto as Exhibit "A", consisting of four pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been ftunished. 9. The Applicant seeks a variance of the requirement to pipe the irrigation ditch. 10. All property owners vvithin three hundred feet (300t) of the external boundaries have been notified by mail, and their mailing addresses may be obtained from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 5 ORDER OF DECISION DENYING A VARIANCE / V AR...OO-021 BOND AND PINNACLE ENGINEERS, INC. ( the list on file with the Planning and Zoning Department. II. The characteristics of the subject property which the applicant ate which prevent compliance with the requirements of the ordinance are that the piping of the ditch will prevent flood inigation to the bordering property owner. 12. The Council considered that the applicant did not provide sufficient evidence to support his inability to comply with the ordinance. 13. A literal interpretation of the provisions of the ordinance would not deprive the Applicant rights. 14. The applicant paid the fee established by the City COllllcil for application variance. CONCLUSIONS OF lAW I. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, TItle 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance pennits. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 5 ORDER OF DECISION DENYING A VARIANCE / V AR-OO-021 BOND AND PINNACLE ENGINEERS, INC. ( /~ ( Idaho Code ~~ 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 findings which are required are set forth in Meridian City Code 9 11-18- 3, include required findings that there are special drcums~ces or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinaty hardship to the owner, subdivider or developer because tulusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that mal<.e strict compliance with the ordinance unreasonable rmder the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a spedfied variance will not be detrimental to the public's welfare or injtuious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF lAW, the City Council does hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 5 ORDER OF DECISION DENYING A VARIANCE / V AR-OO-021 BOND AND PINNACLE ENGINEERS=, INC. Order and this does Order: I. Pursuant to s 12-4-13 of the Meridian City Code, the Applicant is hereby denied the variance as per the dedsion of the City Conncil at their September 19, 2000, meeting, for the real property located at The Hollows Subdivision. . /11:!1- By action of the City Council at its regular meeting held on the day of tJ ct79 6h-- , 2000. ROLL CALL: MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /0-17--00 VOTED~ VOTEDfr VOTED~~ VOTED*..-' VOTED -- COUNCILMAN RON ANDERSON COUNCILMAN ICEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS MOTION: ~ ---========- APPROVED. ;> -. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. 9- Dated: ey/Z:\ Work\Nl\Mfridian 15360:M\HoIIows Subdiv\FtClsDtnyV ariance.~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 5 ORDER OF DECISION DENYING A VARIANCE / V AR-OO-021 BOND AND PINNACLE ENGINEERS, INC. l~ l ... JI" , \": ....,~ ~.,/~ ~~ --jjr.-~~ E ,. ! \i~~ - j S ..-... ) f i ( '\.f ,'. [. F r f.\.f f~:F r;.(r- -''j:. B- \t ~l~\!t t l l'c U-'- Tr~E= rJA LLA:.,y;r;.i~ t ~1b; riV':~:~O~'\G'~ (1.. I ~ I I I f 1 ~ ~~I... I I I I J / I ~ L "" fi~ ill LI~. I ~ I1J~L~l~f-(lJnl-';~cEErUd4 ~~r - E3i ~T lS~1 foL \ I 11 r r]~\ I I I 11 c-- rl =nn ~L~1/~~~ ~(( ! I I I T.\\\,LLr.J I)~ U5g -K(~]~~.~~t~~:::: =JW'fi' Y!1-:11\':';t,I/1 61,-~ IT ~~Ni~' '~r ~ Sln~~~~ ~ 1 J- J _ I I, ..\ ~i 11 I r~u =r-.< ~ ~~ -------~l J' I 'II iJI\!l~~ H a J.ll J I ~ j~.I.J ~ ',.]~''l'''':=Ij~\ f- L 11 1 t=!tl1~r'l 'i"il'I~...: .:. 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D Subdiv //'\, ,I Stseg r~i1~ S4nie31 o S3n1e06 PINNA,CLE ENG!NEERS, !NC, 870 N, LINDER RD, STE B, MERIDIAN, 10 83642 PH: (208) 887-7760 FX: (208) 887-7781 merrid ~e / SUMMERFIELD ~ SummerCt ---- kl-4 LJmmerheiaht I I - ..::c ~mmerfa J gSUMMERFrEl C/J '" JB NO. 02 J Kam~ ~ugar ere k , 3000 Feet I PROJECT # C006076 DATE: 4/25/00 ( ( BEFORE THE MERIDIAN CITY COUNCIL C/C 09-19-00 IN THE MATTER OF THE ) APPLICATION OF CHUCI( ) ELLIOTffHE ELLIOT GROUP, ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.4 ACRES FOR TWO NEW ) INDUSTRIAL LOTS ) DESIGNATED AS LOT 7 OF ) PLEASANT VALLEY ) SUBDIVISION, LOCATED ON ) THE SOUTH SIDE OF WILSON ) LANE, SOUTH OF FAIRVIEW ) AVENUE AND EAST OF ) LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) Case No. AZ-OO-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application havi11g COlne on for public hearing on August 15,2000, and contil1ued to September 5,2000, and continued again until Septell1ber 19,2000, at the hour of 7:30 p.lTI., and Shari Stiles, Plannil1g and ZOl1ing Adll1inistrator, appeared and testified, and appearing on behalf FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCIC ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( ( of the Applicant was Shawn Nickel of Hubble Engineering, Inc., and 110 one appeared in opposition, and the City Council having duly COl1sidered the evidellce and the record in this Inatter therefore l11akes the followillg Findings of Fact al1d Conclusions of Law, al1d Decision and Order: FINDINGS OF FACT I. The notice of public hearing 011 the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15,2000, and continued to September 5,2000, alld continued agail1 Ulltil Septelnber 19, 2000, before the City Council, the first publication appearing alld WTittell notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were Inade available to newspaper, radio and television stations as public service announcements; and the lTIatter having been duly considered by the City Council at the August 15, 2000, and continued to September 5,2000, alld cOlltinued agaill until Septelnber 19, 2000, public hearing; alld the applicant, affected property owners, and government subdivisions providing services within the planlung jurisdiction of the City of Meridian, having been given full opportunity to express COlTIlnents and submit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCIC ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( ( evidence. 2. There has been compliance with all110tice and hearing requirelne11ts set forth in Idaho Code ss 67-6509 and 67-6511, a11d Meridian City Code ss 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its z011ing, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning Inaps thereof, and the COlnprehe11sive Plan of the City of Meridian adopted Decelnber 21,1993, Ordinance No. 629, January 4,1994, and Inaps and the ordina11ce Establishing the Ilnpact Area Boundary. 4. The property which is the subject to the application for a11nexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 5.4 acres in size and is located 011 the south side of Wilso11 Lane, south of Fairview Avenue and east of Locust Grove Road. The property is designated as Lot 7 of Pleasa11t Valley Subdivision. 6. The OWl1er of record of the subject property is Tressie Snodgrass, of Meridian, Idaho. 7. Applica11t is Elliott Group, LLC, of Meridian, Idaho. 8. The property is presel1tly zoned by Ada County as R-8, and consists of pasture ground. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( / f 9. The Applicant requests the property be z011ed. as I-L Light Industrial. 10. The subject property is part of a large Ada County e11clave bounded by City li11utS. II. The property which is the subject of this application is within the Area of Inlpact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service PlallI1ing Area as the Urban Service Planning Area is defined in the MeridiaIl COIuprehensive Plan. 13. The Applicant proposes to develop the subject property in the following Inanner: two new industrial lots. 14. The Applicant requests zoning of the subject real property as Light Industrial I-L which is COl1sistent with the Meridian Con1prehensive Plan Generalized Land Use Map which desigIlates tIle subject property as Mixed Planlled Use Development. 15. The Jackson Drain is a significant feature of major ilnportance and it should be protected. 16. Giving due consideration to the COlnnlent received frOITI the goverrunelltal subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed developnlent will not inlpose expense upon the public if the following conditions of development are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) ( ill1posed: Adopt the RecoIID11endation of Planl1ing and ZOlung Staff as follows: 16.1 In accordance with Conlprehensive Plan policy 4.1, page 56, of the Transportation Chapter, a condition of AIlnexation and the DeveloplTIent Agreell1ent sllall be to construct a lTIultiple use pathway along the Jackson drain on the southern boundary of the subject property. That the pathway along Jackson Drain be addressed in the Conditional Use Pennit process for Lot 2. 16.2 In accordance with COlnprehe11sive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation a11d the Developll1ent Agreement shall be to SUbll1it a Conditional Use PenIut application for any future use and developlnent of Lot 2 as designated in the proposed Preliluinary Plat (even those uses pennitted ul1der the I-L zone). That Lot 2 shall be part of a separate COl1ditional Use Penl1it. 16.3 Applicallt shall be required to e11ter into a Development Agreell1ent with the City as a COlldition of arulexation. 16.4 Any existing irrigation/drainage ditches except the Jackson Drain crossing the property to be il1cluded in this project shall be tiled per City Ordillance. Plans shall be approved by the appropriate irrigation/drainage district, with written confimlation of said approval SUbll1itted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.5 Any existing dOI11estic wells and/or septic systelns within this project shall have to be rell10ved froIn their domestic service per City Ordinance. Wells 111ay be used for nOll-doluestic purposes such as landscape irrigation. 16.6 Off-street parking shall be provided in accordance with City of Meridial1 Zoning and Development Ordinance (Ord. 11-13). 16.7 Paving and stripillg shall be in accordance with the standards set forth in the City of Meridian Zoning a11d Developlnent Ordinance (Ord. 11- 13-4) and in accordance with AInericans with Disabilities Act (ADA) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) (' requirel11ents. 16.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be Subll1itted to the City Ellgineer for all off-street parking areas. All site drainage shall be COlltained and disposed of on-site. 16.9 Outside lighting shall be desigIled and placed so as not to direct illulnination on allY nearby residelltial areas alld in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 16.10 All signage shall be in accordance with the stalldards set forth in the City of Meridian Zoning and Developll1ent Ordinance (Ord. 11-14). No telnporary signage, flags, banners or flashing SigtlS shall be pennitted. 16.11 Provide five-foot-wide sidewalks in accordance 'With City Ordinance (Ord. 12-5-2.I(). 16.12 All COllstruction shall confonn to the requirelnents of the .A1nericans with Disabilities Act. Adopt the Reconnnendations of the Ada County Highway District as follows: 16.13 Dedicate 29-feet of right-af-way (an additional 9-feet) fraIll the cellterline of Wilson Lane abutting the parcel by Ineans of recordation of a final subdivision plat or execution of a warrallty deed prior to issuance of a buildiIlg pennit (or other required permits) whichever occurs first. 16.14 Construct curb, gutter, and 5-foot sidewalk and nlatch paving on Wilson Street abutting the site. Iluproveluents shall be constructed to one-half plus 12-feet of a 40-foot street section. 16.15 Construct an ACHD approved temporary tumaroU11d at the elld of Wilson Lane. SUbll1it a design of the turnaround for review and approval by District staff. . 16.16 Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( building pennit (or other required pennits). 16.17 Utility street cuts in pavelnent less than five years old are not allowed unless approved in writi11g by the District. 16.18 C011struct a curb cut driveway at the west property line as proposed. 16.19 Graveled driveways abutting public streets create Inaintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required width of 24 to 30-feet at least 30-feet beyol1d the edge of pavement of Wilso11 Lane. 16.20 Other than the access point(s) specifically approved with this applicatioll, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additional action of the City Council froIn their Septel11ber 19, 2000 meeting are as follows: 16.21 The Jackson Drain is significant and shall be protected. 16.22 If the City's pathway plan shows a pathway on the 110rth side, then the developer shall construct a pathway alol1g the easemel1t. 16.23 The following, which would be offel1sive in tl1e I-L Z011e, shall be prohibited as follows: a. Dry cleal1ing establishlnent. b. Truck stop. c. Asphalt and concrete busiI1ess. d. Junk yard. e. Fuel yard. f. LUlnber yard. g. Mobile H0111e I11aI1ufacturer h. Recycling plant. 1. Solid Waste transfer. 17. It is found that if the developer pays for the requested ilnprovements FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( ( and cOluplies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the eC0110111ic welfare of tl1e City and its residel1ts a11d tax and rate payers will be protected, which requirement shall be included in a developn1ent agreelnent, a condition of annexation and zoning designation. 18. It is also found that the developluent considerations as referenced in Findil1g No. 16 are reasonable to require and lTIUSt be talcen into account, in order to assure the proposed developlnent is designed, constructed, operated and maintai11ed in a lTIaru1er which is harmonious and appropriate in appearance with t11e existing, or intel1ded character of the gel1eral vicinity, in order to assure that the proposed use will not change the essential cl1aracter of the affected vicinity and will i11sure tl1at the proposed uses will not be hazardous or disturbing to the existing, or future l1eighboring uses, particularly considering the ilnpact of proposed development on potential to produce excessive traffic, noise, sluoke, fulnes, glare and odors. 18. It is found that the zoning of the subject real property as Light Industrial District (I-L) requires connection to the Municipal Water and Sewer systelns and will be cOlnpatible with the Applica11t's developlnent intentions, and will assure that the zoning is consiste11t with the Meridian COlnprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Developn1ent. 19. The subject a11nexation request and zoning designation and proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( developnlent relates and is cOlTIpatible to the goals and policies of the COl11prehellsive Plan of the City as follows: 19.1 The consideration of the provisions of the Comprehensive plan and the requirelnents of the Zonillg ordinance assure that the processing of such application is the lnanagenlent of growth with the ail11 to achieve high- quality developlnent. Enhancelnent of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordillances of the City to all applications such as the subject application. 19.2 This proposed new growth developmellt will fillance public service expansion by the requirelnent herein that the applicant COl11ply with the requests suhl1utted of tile political subdivisions responses within the Meridian Urban Service Planning Area sublnitted in the record of this nlatter. 19.3 The application is consistent with Meridian's self identity. 19.4 The preservation and improveluent of the character and quality of Meridiall's lnan-made environlnent while maintailling its identity as a self-sufficient COlTIlTIUnity is achieved by applyillg the criteria of the COlnprehensive plan and the Zoning ordinances of the City to the subject application. 19.5 Compliallce with the requests of the political subdivisions providillg services, assures that COll1111unity services are being provided for existing alld projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently lnanaged and clearly idelltifiable. 19.6 COlnpatible and efficient use of land tllrough ilU10vative and fUllctional site design is achieved by applyillg the criteria of the COlnprehensive plall alld the Zoning ordillances of the Cit)T to the subject application. 20. The property can be physically serviced with City water and sewer, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for anl1exation al1d the real property being contiguous or adjacent to city boul1daries and that said property lies within the area of city ill1pact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City lnay al1nex real property that is within the Meridian Urban Servic~ Planning Area as set forth in the City's COlnprehensive Plan. 2. The Councilll1ay take judicial notice of governlnent ordinances, al1d policies, and of actual conditions existing withil1 the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Plan11ingAct of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoptioll of 'Colnprellensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. The followillg are found to be pertillent provisions of the City of Meridian Comprehensive Plan alld are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridiall's environmental quality and to lllake provisions for and improve the total natural el1vironme11t by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies a11d FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( 1 programs. 4.2 To ensure that growth and developlnent occur in an orderly fashioll ill accordance with adopted policies and procedures governing the use of lalld, residential developn1ent the provision of services and the distribution of l1ew housing Ullits within the Urban Service Plall11illg Area. 4.3 To encourage the kind of econolnic growth and development which supplies ell1plo)Tll1ent and eCOl1on1ic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance a11d ilnplemellt public iluprovements, services alld its open space character. 4.4 To provide housing Opportullities for all econOll1ic groups within the comlnul1ity. 4.5 To preserve and improve the character and quality of Meridian's man-lnade envirOilll1ent while luailltail1ing its identity as a self-sufficient cOlnmunity. 4.6 To encourage cultural educational and recreational facilities which ,vi.!l fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residellts of the City. 4.7 To provide COffilTIUnity services to fit existing and projected needs. 4.8 To establish cOlnpatible alld efficient use of land through the use of inl10vative and functional site desigIl. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Plallning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCIC ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) ( ( 4.B Comprehellsive Plan Policies: The goals and policies listed below lTIOst directly apply to the proposed project: Goals: Goal 3: To encourage the kind of econolnic growth and development which supplies emplo)'Inent and econolnic self-sufficiency for existillg and future residellts, reduces the present reliance on Boise and strengthells the City's ability to finance and ilnplelnellt public ill1provelnents, services, and its open space character. Goal 8: To establish cOll1patible and efficient use of land through the use of innovative and functional site design. Economic Development Chapter 1.1 The City of Meridian shall make every effort to create a positive atlnosphere that encourages. . . cOlulnercial enterprises to locate in Meridiall. 1.3 The character, site iluprovelnents and type of new COlTIlnercial or industrial developlnellts should be harmonized with the natural environment and respect the unique l1eeds and features of each area. Land Use Chapter 1.8U - PrOluote the developluent of high-quality and environlnelltally cOlnpatible residential areas that contain the necessary parks, scllools al1d cOll11nercial facilities to Inaintain and form idelltifiable 11eighborhoods. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U - Protect and Inaintain residentiallleighborhood property values, improve each 11eighborhood's physical COlldition and enhance its quality of life for residents. 3.4 - Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels norlnally associated with surrou11ding reside11tial activities. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCIC ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( 3.5 Illdustrial development should be ellcouraged to located adjacent to existing industrial uses. 3.7 Illdustrial uses whicll require the storage or the production of explosive or hazardous lnaterials should not be located 11ear residential areas, and should cOluonn to disposal, spill and storage measures as outlilled by the U.S. EPA. 5.16U - All developlnent requests (in this M/PUD area) will be subject to development review and conditional use pennit processing to ensure neighborhood conlpatibility. 5 .1 7U - A variety of coordinated, planned alld cOlnpatible land uses are desirable for this area, including. . .ligllt industriallalld uses. 5 .18U - Existil1g residential properties will be protected from incolnpatible land-use developluellt in this area. Screening alld buffers will be incorporated into all develop11lent requests for tllis area. Natural Resource & Hazardous Areas 2.1 U - Developluent along the lnajor drainage ways will be restricted to ensure that development does not cause additiol1al ground or surface water contamination. 3.1 U - Manage and prevent Ullsuitable uses along draillageways and protect the flood plain of creeks and drains. 3.2U - Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Open Spaces, Par]cs and Recreation 2.5U - New subdivision developlnent. . . will be considered as opportu11ities to. . . el1courage the develop111ent of recreational opell spaces and parks as part of new planned developlnents. 3.1 - To establisll a l1etwork of ope11 space corridors that are either inlproved (landscaped), selni-improved (landscaped pathway only), or unilnproved (left nonnal), which l1ave the potential to: a) Playa Inajor role in conserving area scenic and natural FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( values, especially waterways, drainageways, and natural habitat; b) Liluc residential neighborhoods, park areas alld recreation facilities. 3.4U - Through subdivision review, annexation, and zoning, emphasize the establisllnlent of connectillg trails and opell space networks. 5. The zoning of Light Industrial District (I-L) is defined in the Zoning Ordinance at S 11-7 -2 N as follows: (I-L) Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial developlllent and Opportullities for eluployment of Meridian citizens and area residellts and reduce the lleed to COlumute to neighboring cities; to encourage the development of luallufacturing and wholesale establishluents which are cleall, quiet al1d free of hazardous or objectionable eleluents, such as noise, odor, dust, sluolce or glare and that are operated entirely or alluost el1tirely within enclosed structures; to delineate areas best suited for industrial developluent because of locatioll, topography, existing facilities and relationsllip to other land uses. This District must also be in such proxill1ity to ellsue connection to the Municipal water and sewer systelus of the City. Uses incompatible with light il1dustry are 110t permitted, and strip developluent is prohibited. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use pennit is required for Applicant to construct alld develop a planned COlTIlUercial developlllent on this parcel of land. 7. Since the annexation and zoning of land is a legislative fullction, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The developluent of the armexed land, if annexed, shalllueet and cOlnply with the Ordinances of the City of Meridian illcluding, but not lilnited to: Section 12- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCIC ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) 2-4 which pertaills to developlnent time schedules and requirelnents; Section 12-4-13, which pertaills to the pipillg of dit~hes; and Sectioll 12-5-2 N, which pertail1s to pressurized irrigation systell1s. 9. The developluent of the property shall be subject to and controlled by the ZOlung and Subdivision and Developlnent Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zonillg and Developlnent Ordinance provides in part as follows: If property is allnexed and zoned, the City may require or pennit, as a COlldition of the zoning, that all owner or developer Inake a written COIUlnitment cOllcerning the use or developnlent of the s.ubject property. If a cOlunlitlnent is required or pennitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinallce annexing alld zonil1g the property, or prior if agreed to by the owner of the parcel. Unless the cOll11nitlTIent is nlodified or tenninated by the City Council, the COffiluitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiril1g an interest in the property. A COlTI111itluent is binding on the owner of the property evell if it is unrecorded; however, an unrecorded conunitlnent is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequellt owner and each other person acquiring an interest in the property l1as actual notice of the COllunitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for a1111exation and zoning of approximately 5.4 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( acres to Light Illdustrial District (I-L) is granted subject to the ter111S and conditions of this Order 11ereinafter stated. 2. The application is for anllexation alld zoning of 5.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licellsed by the State of Idaho, and shall confon11 to all tIle provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Lilnits per Ordinance No. 686. 3. Developer enter into a Develop111ent Agreenlent that provides in the event the COllditiollS therein are not Inet by the Developer that the property shall be subject to de-anllexation, with the City of Meridian, which provides for the following COllditions of development, to-wit: 3.1 In accordallce with Comprehensive Plan policy 4.1, page 56, of tlle Transportation Chapter, a condition of Anllexation and the Development Agreelnent shall be to construct a Inultiple use pathway along tIle J aclcson drain on the southern boundary of the subject property. That the pathway along Jackson Drain be addressed in the COl1ditional Use Pennit process for Lot 2. 3.2 In accordance with COluprehensive Plan policy 5 .16U, pg. 28 of the Land Use chapter, a condition of annexation and the Developlnent Agreeluent shall be to SUbl11it a Conditional Use Pennit application for any future use and developluent of Lot 2 as designated in tIle proposed Preliluinary Plat (even those uses pen11itted under the I-L zone). That Lot 2 shall be part of a separate Conditional Use Pennit. 3.3 Applicant sllall be required to enter illtO a Developlnent Agree111ent with the City as a COlldition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( 3.4 Any eXIstIng inigation/drainage ditches except the Jackson Drain crossiIlg the property to be included in this project shall be tiled per City OrdinaIlce. PI aIlS shall be approved by the appropriate irrigation/drainage district, with written confimlation of said approval subluitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.5 Any existillg dOlnestic wells and/or septic systems within this project shall have to be relnoved froIll tlleir domestic service per City Ordinance. Wells lnay be used for non-dolnestic purposes such as landscape irrigation. 3.6 Off-street parldng shall be provided in accordance with City of Meridian Zoning and Developlnent Ordinance (Ord. 11-13). 3. 7 Pavillg and striping shall be in accordance with the standards set forth in the City of Meridian Zoning alld Developlnent Ordinance (Ord. 11- 13-4) and ill accordance with Alnericans with Disabilities Act (ADA) requirelnents. 3.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be subInitted to the City Ellgineer for all off-street parking areas. All site draillage shall be contained alld disposed of OIl-site. 3.9 Outside lightiIlg shall be designed alld placed so as not to direct illumination on allY nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 3.10 All sigI1age shall be ill accordance with the standards set forth in the City of Meridian Zoning and Developluent Ordinance (Ord. 11-14). No tel11porary signage, flags, banners o'r flashing signs shall be pennitted. 3.11 Provide five-foot-wide sidewallcs in accordance with City Ordinance (Ord. 12-5-2.IC). 3.12 All construction shall conform to the requirelllents of tIle Anlericans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) Adopt the ReCOlTIl11endations of the Ada County Highway District as follows: 3.13 Dedicate 29-feet of right-of-way (an additional 9-feet) froln the centerline of Wilson Lane abuttillg the parcel by lneans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required pennits) whichever occurs first. 3.14 Construct curb, gutter, alld 5-foot sidewall, and lnatch paving on Wilson Street abutting the site. Iluprovell1ents shall be COllstructed to olle-half plus 12-feet of a 40-foot street section. 3.15 Construct an ACHD approved tell1porary turnaround at the end of Wilson Lane. Submit a design of the tunlaround for review and approval by District staff. 3.16 Provide a recorded cross access easenlent for the parcels to the south to use this parcel for access to the public streets plior to issuance of a building pennit (or other required penl1its). 3.17 Utility street cuts in pavelnent less than five years old are not allowed unless approved in writing by the District. 3.18 Construct a curb cut driveway at the west property line as proposed. 3.19 Graveled driveways abutting public streets create lnaintenance problelTIS due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required width of 24 to 30-feet at least 30-feet beyond the edge of pavelne11t of Wilson Lane. 3.20 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additional action of the City Council froln their September 19, 2000 lneeting are as. follows: 3.21 The J acl<.son Drain is significant and shall be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) (- 3.22 If the City's pathway plan shows a pathway 011 the north side, then the developer shall construct a pathway along the easement. 3.23 The following, which would be offensive in the I-L ZOI1e, shall be prohibited as follows: a. Dry cleaning establishl11ent. b. Truck stop. c. Asphalt and concrete business. d. Junl( yard. e. Fuel yard. f. LUluber yard. g. Mobile HOllle l11anufacturer h. Recycling plant. 1. Solid Waste transfer. 4. The City Attorney shall prepare for COllsideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property wl1ich is the subject of the application to (I-L) Light Industrial District, and Meridian City Code S 11-7-2 N. 5. Subsequent to the passage of the Ordinal1ce provided for in section 4 of this Order the engineering staff of the Public Works Departlnent shall prepare tl1e appropriate Inappil1g changes of the official boulldaries and z011ing maps as provided in Meridian City Code S 11-21-1 in accordallce with tIle provisions of the almexation alld zoning ordil1allce. NOTICE OF FINAL ACTION Please take notice that this is a final action of the govenling body of the City of Meridiall. Pursuant to Idaho Code S 67-6521 an affected person is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( has an illterest ill real property which lnay be adversely affected by the issuance or denial of the anllexation alld ZOnillg and who. 111ay within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 17~ day of tJ~ , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED--? COUNCILMAN I<EITH BIRD VOTED~ COUNCILMAN TAMMY deWEERD VOTED~ COUNCILMAN CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: /0-/7-00 VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, tIle Plal111il1g and Zoning Department, Public Works Departlnent alld the City Attorlley. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCIC ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( .. 19 Dated: I #--17 -() () msglZ: \ W ork\M\M eridian 15360 M\Elliot Indust Park Sub AZO 13 PPO 15CUPO 33 \AZFfCls0rder. wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) ( i (" BEFORE THE MERIDIAN CITY COUNCIL IN THE MAlTER OF THE APPLICATION OF CHUCI( ELLIOT/THE ELLIOT GROUP, THE APPLICATION FOR VARIANCE OF THE REQUIRED 20 FOOT TO A 10 FOOT WIDE PLANTING STRIP IN A PROPOSED IL ZONE, FOR ELLIOT INDUSTRIAL PARI(, SOUTH OF FAIRVIEW AVENUE AND EAST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) V AR-OO-023 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 19, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Shawn Nicl(el, and the City Conncil having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby mal<.e the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 8 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-023 ELLIIOT GROUP ( ( ( FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code g~ 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 Chuck Elliot/The Elliot Group, LLC, whose address is 2065 E. Fairview Ave., Meridian. 4. The owner of the property is Tessie Snodgrass. 5. The location of the subject property is located south of Fairview, east of Locust Grove on Wilson Lane, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter. 7. The present land use of subject property is presently zoned as light Industrial (I-L). 8. The proposed land use of subject property is to develop the subject property in the following manner: Industrial Parl(. 9. That a site plan map is attached hereto as Exhibit "B", consisting of one FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 8 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-023 ELLIIOT GROUP pages, of the proposed landscaping. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, ~ 12-4..7 A Meridian Subdivision Ordinance, which provides as follows: A. Planting Strips: Planting strips shall be required to be placed next to incompatible features such as highways, ralroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; and.. II. All property owners within three hundred feet (300') of the external bonndaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance is the width of the existing parcel that is being developed. 13. The minimum requirements of the ordinance that need to be reduced to pennit the proposed use would be the reduction of the requirement of 20 feet to 10 feet. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that redesign the building planned for Lot # I and the desirability of Lot #2 would be lessened. 15. The special conditions and circumstances that exist are that the property is of an unusual shape to accommodate a standard landscaping strip and the adjoining uses FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 8 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-023 ELLIIOT GROUP ( vvill still receive the buffering from the strip. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights conunonly enjoyed by other properties in the same district under the terms of the Ordinance. I 7. Granting the variance would mainWn rights which would be afforded to others in the same situation. 18. The granting of the requested variance vvill not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat. 19. The granting of this variance vvill not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 20. The applicant paid the fee established, by the City Conncil for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code 9 67..6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code 9 67..6516 by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 8 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-023 ELLIIOT GROUP ( the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code ~ 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code ~~ 67-6509, 6516 and Meridian City Code 39 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code ~ 11-18-2, and the findings which are required are set forth in Meridian City Code ~ 11-18- 3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance \Vith the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that malce strict compliance with the ordinance unreasonable rmder the cirannstances, or that the conditions and requirements of said ordinance vvill result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance vvill not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance vvill not have the effect of altering the interest and ptuposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 8 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-023 ELLIIOT GROUP ( 5. Meridian City Code provides as follows:' A. Planting Strips: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; and.. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I. That the Applicant is hereby granted a variance from the landscaping requirements for the Elliot Industrial Park Subdivision by reduction of the required 20' landscaping strip to 1 A' with a minimum 20' spacing between trees. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 8 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-023 ELLIIOT GROUP NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Schedule of Parldng Space Requirements; Recreation or Entertairunent in the O-T Zone as provided in the Section 11-13-5 B. 5. and may within twenty-eight (28) days after the date of this decision and order see!, 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 /7t!- day of ocfi;~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN lCEITH BIRD VOTED~ VOTED tJea- {/ COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS VOTED $""--' MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /{l-/J-OO VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 8 ORDER OF DECISION GRANTING A VARIANCE / V AR-OQ-023 ELLIIOT GROUP ( MOTION: APPROVED: v DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl(S Department, and the City Attorney office. ,9 Dated: I()~ 17.r O() msglZ:\Work\M\Mfridian 15360M\Ellict Indust Park Sub AZ013PP015CUP033\V AR023 FfCldwpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 8 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-023 ELLIIOT GROUP FILE COpy BEFORE THE MERIDIAN CITY COUNCIL C/C 09-1 9-00 IN THE MATTER OF THE ) APPLICATION OF CHUCI( ) ELLIOTffHE ELLIOT GROUP, ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.4 ACRES FOR TWO NEW ) INDUSTRIAL LOTS ) DESIGNATED AS LOT 7 OF ) PLEASANT VALLEY ) SUBDIVISION, LOCATED ON ) THE SOUTH SIDE OF WILSON ) LANE, SOUTH OF FAIRVIEW ) AVENUE AND EAST OF ) LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) Case No. AZ-OO-OI3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on August 15,2000, and continued to September 5,2000, and continued again until Septenlber 19,2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) (' of the Applicant was Shawn Nickel of Hubble Engineering, Inc., and no one appear"ed in opposition, and the City Council having duly considered the evidence and the record in this Inatter therefore nlakes the follovving Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15,2000, and continued to September 5, 2000, and continued again u11til Septelnber 19,2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or pllrchasers of record vvithin three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the n?tice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 15, 2000, and continued to September 5,2000, and continued again until September 19, 2000, public hearing; a11d the applicant, affected property ovvners, and government subdivisions providing services vvithin the planning jurisdiction of the City of Meridian, having been given full opportunity to express COlTIlnents and submit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) evidence. 2. There has been cOlnpliance with all notice and 11earing requirelnents set forth i11 Idaho Code SS 67-6509 and 67 -6511, a11d Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and develop111ent ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning Inaps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordi11a11ce No. 629, January 4,1994, and Inaps and the ordinance Establishing the Ilnpact Area Boundary. 4. The property which is the subject to 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 approxilnately 5.4 acres in size and is located on the south side of Wilson Lane, south of Fairview Avenue and east of Locust Grove Road. The pr,operty is designated as Lot 7 of Pleasant Valley Subdivision. 6. The owner of record of the subject property is Tressie Snodgrass, of Meridian, Idaho. 7. Applicant is Elliott Group, LLC, of Meridian, Idaho. 8. The property is presently zoned by Ada County as R-8, and consists of pasture ground. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( 9. The Applicant requests the property be zoned as I-L Light I11dustrial. . 10. The subject property is part of a large Ada County enclave bounded by Ci ty lill1i ts . II. The property which is the subject of this application is within the Area of In1pact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian COluprehensive Plan. 13. The Applicant proposes to develop the subject property in the following lnanner: two new industrial lots. 14. The Applicant requests zoning of the subject real property as Light Industrial I-L which is consistent with the Meridian Comprehensive Plan Generalized L~nd Use Map which designates tl1e subject property as Mixed Planned Use Development. .15. The Jackson Drain is a significant feature of major importance and it should be protected. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) , ~ inlposed: Adopt the Recom111endation of Plan11illg and ZOlling Staff as follows: 16.1 In accordance with COlllprellensive Plan policy 4.1, page 56, of the Transportation Chapter, a condition of &1nexation and the Development Agreement shall be to construct a n1ultiple use pathway along the Jacl(son drain on the southern boundary of the subject property. That the patllway along Jackson Drain be addressed in the Conditional Use Pennit process for Lot 2. 16.2 In accordance with C0111prehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation alld the Developme11t Agreelnent shall be to SUbll1it a Conditional Use Pemlit application for any future use and developlnent of Lot 2 as designated in the proposed Preliminary Plat (even those uses pennitted under the I-L zone). That Lot 2 shall be part of a separate Conditional Use Pem1it. 16.3 Applicant shall be required to enter into a Developlnent Agreenlent with the City as a condition of annexation. 16.4 Any existing irrigation/drainage ditches except the Jackson Drain crossing the property to be included in this project shall be tiled per City Ordinance. Plans shall be approved by the appropriate irrigation/drainage district, with written confin11ation of said approval sublnitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.5 Any existing don1estic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. . 16.6 Off-street parking shall be provided in accordance with City of Meridian Zoning and Developn1ent Ordinance (Ord. 11-13). 16.7 Pavi11g and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11- 13-4) and in accordance with Americans with Disabilities Act (ADA) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) (' requiren1ents. 16.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be sublnitted to tIle City Engineer for all off-street parking areas. All site drainage shall be contai11ed and disposed of on-site. 16.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance ,vith City Ordinance Section 11-13-4.C. and 12-5-2.M. 16.10 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Developl11ent Ordinance (Ord. 11-14). No telnporary signage, flags, banners or flashing signs shall be pennitted. 16.11 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-S-2.I(). 16.12 All construction shall confoffil to the requirenlents of the An1ericans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 Dedicate 29-feet of right-of-way (an additional 9-feet) from the centerline of Wilson Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required pennits) whichever occurs first. 16.14 Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. Ilnprovements shall be constructed to one-half plus 12-feet of a 40-foot street section. 16.15 Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. . 16.16 Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) .' - ( \ building perll1it (or other required permits). 16.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 16.18 Construct a curb cut driveway at the west property line as proposed. 16.19 Graveled driveways abutting public streets create Inai11tenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required width of 24 to 30-feet at least 3D-feet beyond the edge of pavement of Wilson Lane. 16.20 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additional action of the City Council from their Septe111ber 19, 2000 meeting are as follows: 16.21 The Jackson Drain is significant and shall be protected. 16.22 If the City's pathway plan shows a pathway on the north side, then the developer shall construct a pathway along the easement. 16.23 The following, which would be offensive in the I-L zone, shall be prohibited as follows: a. Dry cleaning establishment. b. Truck stop. c. Asphalt and concrete business. d. J unl( yard. e. Fuel yard. f. Lumber yard. g. Mobile Hon1e ll1anufacturer h. Recycling plant. 1. Solid Waste transfer. 17. It is found that if the developer pays for the requested iluprovements FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) and COll1plies with the conditions set forth in these Findi11gs of Fact No. 16, and all sub-parts, the economic welfare of the City and its reside11ts and tax and rate payers will be protected, which requiren1ent shall be induded in a developlnent agr.een1ent, a condition of annexation and zoning designation. 18 . It is also found that the developlnent considerations as referenced in Findi11g No. 16 are reasonable to require and must be tal(e11 into account, in order to assure the proposed developlnent is designed, constructed, operated and maintained in a Inanner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the esse11tial character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the ilupact of proposed development on p~tential to produce excessive traffic, noise, sluoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as Light Industrial District (I-L) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 19. The subject a11nexation request and zoning designation and proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) develop111ent relates and is compatible to t11e goals and policies of the COll1prehensive Plan of the City as follows: 19.1 The consideration of the provisions of the COll1prehensive plan and the requirelnents of the Z011ing ordinance assure that the processing of suc11 application is the l11anagen1ent of grovvth with the aill1 to achieve high- quality development. Enhanceluent of Meridian's quality of life for all residents is achieved by applying the criteria of the C0111prehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 19.2 This proposed new growth developn1ent will finance public service expansion by the requirell1ent herein that the applicant COll1ply with the requests Sub111itted of the political subdivisions responses within the Meridian Urban Service Planning Area sublnitted in the record of this n1atter. 19.3 The application is consistent with Meridian's self identity. 19.4 The preservation and improvelnent of the character and quality of Meridian's Inan-lnade environment while maintai11ing its identity as a self-sufficient COlTIlnunity is achieved by applying the criteria of the COlnprehensive plan and the Zoning ordinances of the City to the subject application. 19.5 Complia11ce with the requests of the political subdivisions providing services, assures that COll1ffiUnity 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 and that the Urban Service Planning Area is visually attractive, efficiently Inanaged and clearly identifiable. 19.6 COll1patible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the COlnprehensive plan and the Zoning ordinances of the City to the subject application. 20. The property can be physically serviced with City water and sewer, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) applicant eJ\.'tends the lines. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for anl1exation and the real property being contiguous or adjacent to city boundaries and that said property lies vvithin the area of city i111pact as provided by Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City 111ay almex real property that is within the Meridian Urban Servic~ Planning Area as set forth in the City's Comprehensive Plan. 2. The Council n1ay take judicial notice of govemlnent ordinances, and policies, and of actual conditions existing vvithin the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, I~aho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. ,4. The follovving are found to be pertinent provisions of the City of Meridian Con1prehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to 111ake provisions for and improve the total natural environment by adopting City-vvide and Urban Service Planning Area policies, which deal vvith area-specific policies and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) progran1s. 4.2 To ensure that gro'Wth and developlnent occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential developn1e11t the provision of services and the distribution of new housing U11its within the Urban Service Plan11ing Area. 4.3 To encourage the kind of econOll1ic grovvth and development which supplies ell1plo)'l11ent and econOl11ic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and ilnpleme11t public iluprovements, services and its open space character. 4.4 To provide housing opportunities for all econoll1ic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's ll1an-lnade environl11ent while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs 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 community services to fit existing and projected needs. 4.8 To establish compatible and efficient use 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 Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) 4.B Con1prehensive Plan Policies: The goals and policies listed below ll10st directly apply to the proposed project: Goals: Goal 3: To encourage the ki11d of eCOl101mc growth and developlnent which supplies emplo)'1nent and econolnic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthe11s the City's ability to finance and ilnplelnent public i111proven1ents, services, and its open space character. Goal 8: To establish c0111patible and efficient use of land through the use of innovative and functional site design. Economic Development Chapter 1.1 The City of Meridian shall make every effort to create a positive atlTIosphere that encourages. . . comlnercial enterprises to locate in Meridian. 1.3 The character, site improvements a11d type of new comluercial or industrial developlnents should be harlTIonized with the natural environment and respect the unique needs and features of each area. L~nd Use Cha-pter 1.8U - Promote the developlnent of high-quality and environmentally cOlnpatible residential areas that contain the necessary parks, schools and cOlnmercial facilities to Inaintain and fonn identifiable neighborhoods. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U - Protect and Inaintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 3.4 - Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND.ZONINGIBY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( 3.5 Industrial developn1ent should be encouraged to located adjacent to existing industrial uses. 3.7 Industrial uses whicl1 require t11e storage or the production of explosive or hazardous Inaterials should not be located 11ear residential areas, a11d should c011form to disposal, spill and storage measures as outlined by the U.S. EPA. 5.16U - All deveIopll1ent requests (in this M/PUD area) vviIl be subject to developn1e11t review and conditional use pemlit processing to ensure neighborhood cOlnpatibility. 5 .1 7U - A variety of coordinated, planned and cOlnpatible land uses are desirable for this area, including. . .light industrialla11d uses. 5 .18U - Existing residential properties vvill be protected from incompatible land-use developme11t in this area. Screening and buffers will be incorporated into all developll1ent requests for this area. Natural Resource & Hazardous Areas 2.1 U - Development along the major drainage ways vvill be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U - Manage and prevent unsuitable uses along drainageways and protect the flood , plain of creel(s and drains. 3.2U - Protect the potential beauty a11d recreational trail opportunities of all Meridian waterways. Open Spaces, ParJ(s and Recreation 2.5U - New subdivision development. . . will be considered as opportunities to. . . encourage the developlnent of recreational open spaces and parks as part of new planned developments. 3.1 - To establish a network of open space corridors that are either in1proved (landscaped), semi-ilnproved (landscaped pathway only), or unilnproved (left nonnal), w11ich 11ave the potential to: a) Playa major role in conserving area scenic and natural FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) values, especially watervvays, drainageways, a11d natural 11abitat; b) Li11k residential neighborhoods, park areas a11d recreation facilities. 3.4U - Through subdivision review, annexation, and z011ing, elnphasize the establishn1ent of c011necting trails and ope11 space netvvorks. 5. The zoning of Light Industrial District (I-L) is defined in the Zoning Ordi11ance at S 11-7 -2 N as follows: (I-L) Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industlial developll1ent and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of 111anufacturing and wholesale establishlnents which are clean, quiet and free of hazardous or objectionable elelnents, such as noise, odor, dust, s1110ke or glare and that are operated entirely or almost e11tirely vvithin enclosed structures; to delineate areas best suited for industrial developn1ent because of location, topography, existing facilities and relationship to other land uses. This District Inust also be in such proxin1ity to ensue conl1ection to the Municipal water and sewer systellls of the City. 'Uses incolupatible vvith light industry are not permitted, and strip developlnent is prohibited. 6~ By authority of the City of Meridian under the COlnprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place COl1ditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not lilnited to: Section 12- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) 2-4 Wl1ich pertains to development till1e schedules and requirelnents; Section 12-4-13, which pertai11s to the piping of dit~hes; and Section 12-5-2 N, which pertains to pressurized irrigation syste111s. 9. The development of the property shall be subject to and controlled by the Z011ing and Subdivision and Develop111ent Ordi11ance of the City of Meridian4 10. Section 11-16-4 A of the Zoni11g and Developluent Ordinance provides in part as follows: If property is annexed and zoned, the City may require or perIuit, as a condition of the zoning, that an ovvner or developer make a written COll11nitment c011ceming the use or developll1ent of the s.ubject property. If a commitment is required or penl1itted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing a11d zoning the property, or prior if agreed to by the ovvner of the parcel. Unless the c0111mitment is 1110dified or tenninated by the City. Council, the commitment shall be binding on the ovvner of the parcel, each subsequent ovvner, and each other person acquiring an interest in the property. A cOlun1itment is binding 011 the ovvner of the property even if it is unrecorded; however, an unrecorded con1lnitlnent is binding on subsequent ovvners and each other person acquiring an interest in the property only if the subsequent ovvner and each other person acquiring an interest in the property has actual notice of the conunitment. ' DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for an11exation and zoning of approximately 5.4 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (J\Z-OO-013) ( acres to Light Industrial District (I-L) is granted subject to the ter111S and conditions of this Order hereinafter stated. 2~ The application is for annexation and zoning of 5.4 acres~ The legal description shall be prepared by a Registered La11d Surveyor, Licensed by the State of Idaho, and shall confoD11 to all tIle provisions of the City of Meridian Resolution No. 158. The legal description for all11exation lnust place this parcel contiguous to the Corporate City Lilnits per Ordinance No~ 686~ 3. Developer enter into a Development Agreenlent that provides in the event the conditioI1S therein are not 111et by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following COllditions of development, to-'Wit: 3~ 1 In accordance with Comprehensive Plan policy 4.1, page 56, of the Transportation Chapter, a condition of Annexation and the Developnlent Agreelnent shall be to construct a multiple use pathway along the Jackson drain on the southern boundary of the subject property. That the pathway along Jackson Drain be addressed in the Conditional Use Permit process for Lot 2. 3.2 In accordance 'With COlnprehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation and the Developn1ent Agreen1ent shall be to sublnit a Conditional Use Permit application for any future use and development of Lot 2 as designated in the proposed Prelilninary Plat (even those uses pennitted under the 1-L zone). That Lot 2 shall be part of a separate Conditional Use Permit~ 3.3 Applicant s11all be required to enter into a Development Agreenlent with the City as a condition of annexatio11. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) / '. 3.4 Any eXIstIng irrigation/drainage ditches except the Jackson Drain crossing the property to be included in this project shall be tiled per City Ordi11ance. Plans shall be approved by the appropriate irrigation/drainage district, with ",'fitten confinnation of said approval SUb111itted to the Public Works Departn1e11t. No variances have been requested for tiling of any ditches crossing this project. 3.5 Any existing domestic wells and/or septic systeIns within this project shall have to be relTIoved froIn their d0111estic service per City Ordinance. Wells lnay be used for non-dOll1estic purposes such as landscape irrigation. 3.6 Off-street parking shall be provided in accordance with City of Meridian Zoning and Developlnent Ordinance (Ord. 11-13). 3. 7 Pavi11g and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Developlnent Ordinance (Ord. 11- 13-4) and in accordance with AInericans with Disabilities Act (ADA) requirements. 3.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be sublnitted to the City E11gineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 3.9 Outside lighting shall be designed and placed so as not to direct illumination on a11Y nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 3.10 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No telnporary signage, flags, banners or flashing signs shall be pennitted. 3.11 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I(). 3.12 All construction shall conform to the requiren1ents of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (1\2-00-013) Adopt the Reco111111endations of the Ada County Highway District as follows: 3.13 Dedicate 29-feet of right-of-way (an additional 9-feet) froill the centerline of Wilson Lane abuttillg the parcel by Ineans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or other required permits) whichever occurs first. 3.14 Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. I111provenlents shall be constructed to one-half plus 12-feet of a 40-foot street section. 3.15 Construct an ACHD approved tel11porary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 3.16 Provide a recorded cross access easen1ent for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required pernlits). 3.17 Utility street cuts in pavement less than five years old are not allowed unless approved in vvriting by the District. 3.18 Construct a curb cut driveway at the west property line as proposed. 3.19 Graveled driveways abutting public streets create maintenance problenls due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required width of 24 to 30-feet at least 30-feet beyond the edge of pave111ent of Wilson Lane. 3.20 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additional action of the City Council from their September 19,2000 meeting are as. follows: 3.21 T11e Jackson Drain is significant and shall be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( 3.22 If the City's pathway plan shows a pathway on the north side, then th'e developer shall construct a pathway along the easell1ent~ 3.23 T11e following, which would be offensive in the 1-L zone, shall be prohibited as follows: a. Dry cleaning establish111ent. b. Truck stop~ c. Asphalt and concrete business. d. Junk yard~ e. Fuel yard. f. Lumber yard. g. Mobile Home l11anufacturer h. Recycling plant. 1. Solid Waste transfer. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject af the application to (I-L) Light Industrial District, and Meridian City Code S 11-7-2 N~ 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Warks Department shall prepare the appropriate lnapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please ta]ce notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) has an interest in real property which Inay be adversely affected by the issuance or - denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code~ By action of the City Council at its regular meeting held on the I ?~ day of Culir~ , 2 000 ~ ROLL CALL COUNCILMAN RON ANDERSON VOTED--?- COUNCILMAN ICEITH BIRD VOTED~ COUNCILMAN TAMMY deWEERD VOTED~ COUNCILMAN CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAlCER) DATED: ItJ-/7-00 VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Departlnent and the City Atton1ey. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCIC ELLIOT/ THE ELLIOT GROUP - (AZ-OO-Ol"3) 7 Dated: ItJ-17-(}{) msg/Z: \ W ork\M:\M eridian 15360 M\Elliot Indust Park Sub AZO 13 PPO 15 CUPO 33 \AZFfCIsOrder. wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ,~ \ i t lit 1ft 111I f ,\\" rd: lAt"". 11,/ <:-'~ ~ V1 rnc.fL.:.r,. I/,,~ " ,~ ~....d ~ ~~ v /;.~ftqh -"f,f, ?.,. ~ ~ ~ ~ 1 ~ ~ - ! SE~~L ~ - - ; 7.~ &> g :. ,C) n~ . ~ ~ .' .,. 1S\ · ~a:' ,,:: ~ ~ "---- ~..." ~ ' C ':(.) i( ".... '...~. Of ~ ~ ~ .:' ~J VP~~~ \,' "Jll1~~,.. :I~.,,\r\\\ BEFORE THE MERIDIAN CITI COUNCIL C/C 09-1 9-00 IN THE MA ITER OF THE ) APPLICATION OF CHUCI( ) ELLIOTffHE ELLIOT GROUP, ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.4 ACRES FOR TWO NEW ) INDUSTRIAL LOTS ) DESIGNATED AS LOT 7 OF ) PLEASANT VALLEY . ) SUBDMSION, LOCATED ON ) THE SOUTH SIDE OF WILSON ) LANE, SOUTH OF FAlRVIEW ) AVENUE AND EAST OF ) LOCUST GROVE ROAD, ) I\1ERIDIAN, IDAHO ) ) Case No. AZ-OO-OI3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING - - The above entitled annexation and zoning application having come on for public hearing on August 15,2000, and continued to September 5,2000, and continued again until September 19, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 .AND DECISION .AND ORDER GRANTING APPLICATION FOR.ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) ( ( of the Applicant was Sha'YVI1 Nickel of Hubble Engineering, Inc., and no one appearoed in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the follomng Findings of Fact and Conclusions of La\v, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15,2000, and continued to September 5, 2000, and continued again until September 19, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the n?tice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 15, 2000, and continued to September 5, 2000, and continued again until September 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services mthin the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit FINDINGS OF FACT.AND CONCLUSIONS OF LAW - Page 2 .AND DECISION .AND ORDER GRANTING APPLICATION FOR .ANNEXATION .AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( evidence. 2. There has been compliance mth all notice and hearing requirements set fonh in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinanc~ Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set fonh in full. 5. The propeny is approximately 5.4 acres in size and is located on the south side of Wilson Lane, south of Fairview Avenue and east of Locust Grove Road. The pr.operty is designated as Lot 7 of Pleasant Valley Subdivision. 6. The owner of record of the subject propertyis Tressie Snodgrass, of Meridian, Idaho. 7. Applicant is Elliott Group, LLC, of Meridian, Idaho. 8. The property is presently zoned by Ada County as R-8, and consists of pasture ground. FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 3 .AND DECISION AND ORDER GRANTING APPLICATION FOR .ANNEXATION .AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) --~- -- ....,~ j..- 9. ( , . ~t;;f , The Applicant requests the property be zoned as I-L Light Industrial. . ( . ... '_"14" 10. The subject property is part of a large Ada County enclave bounded by City lilnits. II. The property \vhich is the subject of this application is vvithin the Area of In1pact of the City of Meridian. 12. The entire parcel of the property is included vvithin the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the follomng manner: two new industrial lots. 14. The Applicant requests zoning of the subject real property as Light Industrial I-L which is consistent with the Meridian Comprehensive Plan Generalized L~nd Use Map which designates the subject property as Mixed Planned Use Development. 15. The Jackson Drain is a significant feature of major importance and it should be protected. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development mIl not impose expense upon the public if the following conditions of development are FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 4 .AND DECISION AND ORDER GRANTING APPLICATION FOR.ANNEXATION .AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) in1posed: Adopt the Recommendation of Planning and Zoning Staff as follows: 16.1 In accordance 'with Comprehensive Plan policy 4.1, page 56, of the Transportation Chapter, a condition of Annexation and the Development Agreement shall be to construct a multiple use pathway along the Jackson drain on the southern boundary of the subject property. That the pathvvay along Jackson Drain be addressed in the Conditional Use Permit process for Lot 2. 16.2 In accordance mth Comprehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation and the Development Agreement shall be to submit a Conditional Use Permit application for any future use and development of Lot 2 as designated in the proposed Preliminary Plat (even those uses permitted under the I-L zone). That Lot 2 shall be pan of a separate Conditional Use Permit. . 16.3 Applicant shall be required to enter into a Development Agreement mth the City as a condition of annexation. 16.4 Any existing irrigation/drainage ditches except the Jackson Drain crossing the property to be included in this project shall be tiled per City Ordinance. Plans shall be approved by the appropriate irrigation/drainage district, mth written confimlation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.5 Any existing domestic wells and/or septic systems mthin this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 16.6 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 16.7 Paving and striping shall be in accordance With the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11- 13-4) and in accordance mth Americans with Disabilities Act (ADA) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 .AND DECISION .AND ORDER GRANTING APPLICATION FOR.ANNEXATION .AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) ( requiren1en ts. (' - 16.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance vvith City Ordinance Section 11-13-4.C. and 12-5-2.M. 16.10 All signage shall be in accordance mth the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 16.11 Provide five-foot-mde sidewalks in accordance mth City Ordinance (Ord. 12-5-2.I(). 16.12 All construction shall conform to the requirements of the Americans mth Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 Dedicate 29-feet of right-of-way (an additional 9-feet) from the centerline of Wilson Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 16.14 Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12-feet of a 40-foot street section. 16.15 Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. . 16.16 Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a FINDINGS OF FACT.AND CONCLUSIONS OF LAW - Page 6 .AND DECISION .AND ORDER 'GRANTING APPLICATION FOR .ANNEXATION .AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( building pe011it (or other required permits). 16.17 Utility street cuts in pavement less than five years old are not allowed unless approved in vvriting by the District. 16.18 Construct a curb cut driveway at the west propeny line as proposed. 16.19 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires drivevvays be paved to their full-required mdth of 24 to 30-feet at least 30-feet beyond the edge of pavement of Wilson Lane. 16.20 Other than the access point(s) specifically approved mth this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required vvith this application, shall be stated on the final plat. Additional action of the City Council from their September 19, 2000 meeting are as follows: 16.21 The Jackson Drain is significant and shall be protected. 16.22 If the City's pathway plan shows a pathway on the north side, then the developer shall construct a pathway along the easeme~t. 16.23 The follovving, vvhich would be offensive in the I-L zone, shall be prohibited as follows: a. Dry cleaning establishment. b. Truck stop. c. Asphalt and concrete business. d. Junk yard. e. Fuel yard. f. Lumber yard. g. Mobile Home manufacturer h. Recycling plant. 1. Solid Waste transfer. 17. It is found that if the developer pays for the requested improvements FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 7 . .AND DECISION .AND ORDER GRANTING APPLICATION FOR .ANNEXf\TION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( ( and complies with the conditions set forth in these Findings of Fact No. 16, and aU sub-parts, the economic welfare of the City and its residents and ta..x and rate payers will be protected, which requirement shall be included in a development agr.eement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use Will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on P?tential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as Light Industrial District (I-L) requires connection to the Municipal Water and Sewer systems and will be compatible mth the Applicant's development intentions, and mIl assure that the zoning is consistent mth the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as MixedIPlanned Use Development. 19. The subject annexation request and zoning designation and proposed FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 8 .AND DECISION .AND ORDER GRANTING APPLICATION FOR.ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-OI3) ( ( development relates and is compatible to the goals and policies of the ComprehensIve Plan of the City- as follows: 19.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth mth the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances 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 comply with the requests submitted of the political subdivisions responses mthin the Meridian Urban Service Planning Area submitted in the record of this matter. 19.3 The application is consistent mth Meridian's self identity. 19.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 19.5 Compliance mth 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 and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 19. 6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City-to the subject application. 20. The property can be physically serviced with City water and sewer, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 .AND DECISION .AND ORDER GRANTING APPLICATION FOR.ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( applicant eA1:ends the lines. ( CONCLUSIONS OF LAW 1. The City of Meridian has authority to anne..x real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code g 11-16 provides the City may annex real property that is mthin the Meridian Urban Servic~ Planning Area as set forth in the Cityt s Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, I~aho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4, 1994. .4. The follomng are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-mde and Urban Service Planning Area policies, which deal mth area-specific policies and FINDINGS OF FACT.AND CONCLUSIONS OF LAW - Page 10 .AND DECISION AND ORDER GRANTING APPLICATION FOR .ANNEXATION .AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) ( progranlS. 4.2 To ensure that growth and development occurin an 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 mthin the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups mthin the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which mIl fill the needs 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 community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through. the use of innovative and functional site design. 4.9 To encourage a balance ofland use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT.AND CONCLUSIONS OF LAW - Page II AND DECISION .AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) ( 4.B Con1prehensive Plan Policies: (- The goals and policies listed below most directly apply to the proposed project: Goals: Goal 3: To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Economic Development Chapter 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages. · · commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized mth the natural environment and respect the unique needs and features of each area. L~nd Use Chapter 1.8U - Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U - Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 3.4 - Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION .AND ORDER GRANTING APPLICATION FOR.ANNEXATION AND.ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) 3.5 Industrial development should be encouraged to located adjacent to existing industrial uses. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as Outlined by the U.S. EPA. 5.16U - All development requests (in this !vf/PUD area) will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.1 7U - A variety of coordinated, planned and compatible land uses are desirable for this area, including. . .light industrial land uses. 5 .18U - Existing residential properties will be protected from incompatible land-use development in this area. Screening and buffers will be incorporated into all development requests for this area. Natural Resource & Hazardous Areas 2.1 U - Development along the major drainage ways mIl be restricted to ensure that development does not cause additional ground or surface water contamination. 3} U - Manage and prevent unsuitable uses along drainageways and protect the flood plain of ~eeks and drains. 3.2U - Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Open Spaces, Parks and Recreation 2.5U - New subdivision development. . . will be considered as opportunities to. . . encourage the development of recreational open spaces and parks as part of new planned developments. 3.1 - To establish a network of open space corridors that are either improved (landscaped), semi-improved (landscaped pathway only), or unimproved (left normal), which have the potential to: a) Playa major role in conserving area scenic and natural FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 13 AND DECISION .AND ORDER GRANTING APPLICATION FOR.ANNEXATION .AND ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) r - ( (, values, especiallY'Yvaterways, drainageways, and natural habitat; b) Link. residential neighborhoods, park areas and recreation facilities. 3.4 U - Through subdivision review, annexation, and zoning, emphasize the establishment of connecting trails and open space networks. 5. The zoning of Light Industrial District (I-L) is defined in the Zoning Ordinance at S 11-7-2 N as follovvs: (I-L) Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensue connection to the Municipal water and sewer systems of the City. . Uses incompatible with light industry are not pennitted, and strip development is prohibited. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 14 .AND DECISION AND ORDER GRANTING APPLICATION FOR.ANNEXATION AND ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) " ( ( 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains .to the piping of ditc:hes; and Section 12-5-2 N, which pertains to pressurized irrigation systen1s. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an OYVIler or developer make 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 take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent OYVIler, and each other person acquiring an interest in the property. A commitment is binding on the OYvner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent OYVIler and each other person acquiring an interest in the property has actual notice of the commitment. . DECISION .AND ORDER . NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5.4 FINDINGS OF FACT.AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR.ANNEXATION.AND ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) ( (- acres to Light InduStrial District (I-L) is granted subject to the tenns and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall confom1 to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, mth the City of Meridian, which provides for the follomng conditions of development, to-mt: 3.1 In accordance with Comprehensive Plan policy 4.1, page 56, of the Transportation Chapter, a condition of Annexation and the Development Agreement shall be to construct a multiple use pathway along the Jackson drain on the southern boundary of the subject property. That the pathway along Jackson Drain be addressed in the Conditional Use Permit process for Lot 2. 3.2 In accordance with Comprehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation and the Development Agreement shall be to submit a Conditional Use Permit application for any future use and development of Lot 2 as designated in the proposed Preliminary Plat (even those uses permitted under the I-L zone). That Lot 2 shall be part of a separate Conditional Use Permit. 3.3 Applicant shall be required to enter into a Development Agreement mth the City as a condition of annexation. FINDINGS OF FACT.AND CONCLUSIONS OF LAW - Page 16 AND DECISION .AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) ( ( 3.4 Any existing irrigation/drainage ditches e:xcept the Jackson Drain crossing the property to be included in this project shall be tiled per City Ordinance. Plans shall be approved by the appropriate irrigation/drainage district, vvith written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.5 Any existing domestic wells and/or septic systems 'Yvithin this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.6 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 3.7 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11- 13-4) and in accordance mth Americans with Disabilities Act (ADA) requirements. 3.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 3.10 All signage shall be in accordance mth the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 3.11 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I(). 3.12 All construction shall conform to the requirements of the Americans mth Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR.ANNEXATION .AND ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) Adopt the Recommendations of the Ada County Highway District as follows: 3.13 Dedicate 29-feet of right-of-way (an additional 9-feet) from the centerline of Wilson Lane abutting the parcel by means of recordation of a final subdivision plat or e.,'Xecution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs fust. 3.14 Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12-feet of a 40-foot street section. 3.15 Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 3.16 Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 3.17 Utility street cuts in pavement less than five years old are not allowed unless approved in vvriting by the District. 3.18 Construct a curb cut driveway at the west propeny line as proposed. 3.19 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required mdth of 24 to 30-feet at least 30-feet beyond the edge of pavement of Wilson Lane. 3.20 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required mth this application, shall be stated on the final plat. Additional action of the City Council from their September 19, 2000 meeting are as follows: . 3.21 The Jackson Drain is significant and shall be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) t . ( 3.22 If the City's pathway plan shows a pathway on the nonh side, then the developer shall construct a pathway along the easement. 3.23 The follomng, which would be offensive in the I-L zone, shall be prohibited as follows: a. Dry cleaning establishn1ent. b. Truck stop. c. Asphalt and concrete business. d. Junk yard. e. Fuel yard. f. Lumber yard. g. Mobile Home manufacturer h. Recycling plant. 1. Solid Waste transfer. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the arlnexation and zoning designation of the real property which is the subject of the application to (I-L) Light Industrial District, and Meridian City Code g 11-7-2 N. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) ( has an interest in reaJ property which may be adversely affected by the issuance or . denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. IZ~ By action of the City Council at its regular meeting held on the __ day of (}c;~ , 2000. ROLL CALL COUNCILN1AN RON ANDERSON VOTED-?- COUNCILMAN I<EITH BIRD VOTED~ COUNCILlv1AN TAMMY deWEERD VOTED~ COUNCILlv1AN CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAl<ER) . DATED: 1{}-/7-00 VOTED MOTION: APPROVED~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONING/BY CHUCK ELLIOT/ THE ELLIOT GROUP - (AZ-00-013) ( 7 Dated: 1#-17 -() () msg/Z:\ W ork\M\1vferidian 15360M\Elliot Indust Park Sub AZO 13 PPO 15CUP03 3\A.ZFfClsOrder. wpd FINDINGS OF FACT.AND CONCLUSIONS OF LAW - Page 21 AND DECISION .AND ORDER GRANTING APPLICATION FOR.ANNEXATION .AND ZONING/BY CHUCI( ELLIOT/ THE ELLIOT GROUP - (AZ-OO-013) " \' t1 tt 11'111, ,\\" ' f I J <,'~ ~ of f.~~II",Il ",:~ ~~ ~ i::~ \J~ ~t- ~ " l':.~ ~ ~ ~ i ~ ~ - .: S~ "T :: : ~~~..1J : - - ~ 7. a> g ~ ~- . ,c) II ~ ~ ~ ~r 1$"\ ~ 1v~ ~ ~ ;,<.~ ~~ $' ~~ I Co ,0'( " ';. If ..... p " " " "';1) VJ~ i. \. " J'IJ \\\ IJt~..~, nl",,\1 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATfER OF THE REQUEST FOR PRELIMINARY PLAT FOR ELLIOT INDUSTRIAL PARK SUBDIVISION BY CHUCI( ELLIOTffHE ELLIOT GROUP ) ) ) ) ) ) ) Case No. PP.OO-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 19, and Shari Stiles, Planning and Zoning Administrator, appeared at the hearing, and the applicant's representative, Shawn Nicl(el, appeared at the hearing and testified, and the City Council having received a report from Bruce Frecldeton, Assistant City Engineer, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing Dated: 08-28-00, HUBBLE ENGINEERING, INC., ELLIOTT INDUSTRIAL PARI( SUBDIVISION, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council malces the following findings: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - INDUSTRIAL PARI< SUBDMSION - 1 FINDINGS OF FACT 1. That the proposed development is in conformance mth the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and , the property is presently zoned 1- L, and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408(B)(4), Mtmicipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3~ It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- INDUSTRIAL PARl( SUBDIVISION - 2 proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat hereinbove described. DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9- 604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by the Plat hereinabove described, is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Coordinate fire hydrant placement with the City of Meridian Public W orl<.S Department. 2.2 Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- INDUSTRIAL PARI( SUBDIVISION - 3 2.3 Sanitary sewer service to this site is proposed to be via an extension from the existing main installed in Wilson Lane. Subdivision designer to coordinate main sizing and routing with the Public W orl<s Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.4 Sanitary sewer service to Lot 2, Blocl, I is questionable due to the sanitary sewer depth and adverse slope towards the Settlers Canal. If a single, private service line is proposed, the minimum slope requirement would be 1 % per the Uniform Plumbing Code. 2.5 Water service to this site is proposed to be via an extension from an existing main installed in Wilson Lane. Applicant will be responsible to construct the water main to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orl<.s Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 2.6 Two-hundred-fifty watt high-pressure sodium streetlights will be required at locations designated by the Public W orl<8 Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.7 Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit 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 will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.8 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- INDUSTRIAL PARI( SUBDIVISION - 4 ( ( association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public W orl<s Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creel, or well source is not available, a single-point connection to the culinmy water system shall be required. if a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the cornmon areas prior to signature on the final plat by the Meridian City Engineer, If City water is proposed as a secondmy source, developer shall be responsible to pay water assessments for the entire common open area. The Planning and Zoning Commission further recommend that the pathway will be dealt with when Lot 2 is considered under a conditional use permit. 2.9 Submit a revised plat showing all existing and any proposed easements. No easements are currently shown for the Settlers Canal and Jacl'-Son Drain. 2.10 The Jackson Drain which courses the south of this parcel is such a natural feature, providing a natural habitat, and must be preserved in the design and development of Lot 2, Block I. It should not be piped and should become an open-space amenity for the subdivision. A pathway should be constructed on the north side of J acl'-Son drain, if it is in the Pathway Plan, and the applicant will be responsible for construction of such pathwaYa 2.11 Per item #3 under ((Annexation & Zoning Requirements" above and since a public park is designated on the subject parcel in the Comprehensive Plan Land Use Map, Applicant must construct or provide surety for 110% of the projected cost to construct a multi-use pathway adjacent to the Jackson Drain prior to City signature on the Final Plat. The Applicant should coordinate with the City Parks & Recreation Director on pathway location and construction and design standards. Upon future development and extension of the pathway on adjacent parcels, the City may consider receiving conveyance of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- INDUSTRIAL PARI( SUBDMSION - 5 i ( { ( pathway and/or talting on responsibility for future maintenance. These details must also be worl(ed out with the City ParIes & Recreation Department. 2.12 Meridian Subdivision & Development Ordinance # 12-4-7, "Planting Strips and ReselVe Strips," requires a minimum 20-foot wide screen between incompatible development features, including commercial adjacent to residential. The screening shall not be a part of the normal street right of way or utility easement. The eastern property boundary within the proposed plat proposes an industrial zone immediately adjacent to existing residential property~ This property boundary shall be required to plant a lO-foot landscape strip abutting the entire property line and should designate a permanent landscape easement for the strip on the plat. The Landscape Plan (Sheet 2) submitted with the CUP application proposes a lO-foot wide planting strip. A variance to reduce this strip to 10' has been approved by City Council. 2.13 Detailed landscape plans for the eastern boundary landscape planting strip shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. !7~ By action of the City Council at its regular meeting held on the ~day of /)/'.k~ C/C1lT , 2000. By: BY~dtv~~~ ~ City Clerk ( Dated: 10-/1/ tl [) eyJZ:\Work\]v1\Meridian 15360M\E1liot Indust Park Sub AZO 13PPO 15CUP033\FfClsOrd.PP.wpd FINDINGS OF FACT AND CONCLUSIONS OF lAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PlAT- INDUSTRIAL PAR!( SUBDMSION - 6 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN OFFICE ) AND HOP IN AN I-L ZONE ) ) ELLIOT GROUP, LLC ) ) Applicant ) ) Case No. CUP-OO-033 FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pennit application having come before the City Council on September 19, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and representatives of the Planning and Zoning Administrator appeared and testified, and the Applicant appearing and testifying, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and vvritten testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 ( ( for two (2) consecutive weel<.s prior to the said public hearing scheduled for September 19,2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public selVice announcements; and the matter having been duly considered by the City Council at the September 19,2000, public hearing; and the applicant, affected property owners, and government subdivisions providing selVices within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code ~~ 11-15-5 and 11- 17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason of the provisions of the Meridian City Code ~ 11-1 7 -4, a public hearing was required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 / I, before the City Council on this application. 4. The property is located south of FaiIView Avenue and east of Locust Grove Road, Meridian, Idaho. 5. The owner of record of the subject property is Tessie Snodgrass. 6. Applicant is Elliot Group, LLC. 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for an office and shop in an I-L zone. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council tal(es judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 (r - ( City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing seIVices in the City of Meridian planning jurisdiction public facilities and seIVices required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon seIVices delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 Any existing irrigation/drainage ditches crossing the property to be included in this project except the Jacl<.Son Drain shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation drainage district, with vvritten confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 12.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic seIVice per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 ( \ 12.3 Off-street parking shall be provided in accordance vvith City of Meridian Zoning and Development Ordinance (Ord. 11-13). 12.4 Paving and striping shall be in accordance vvith the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13- 4) and in accordance vvith Americans vvith Disabilities Act (ADA) requirements. 12.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance vvith City Ordinance Section 11-13-4.C. and 12-5-2.M. 12.7 All signage shall be in accordance vvith the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs vvill be permitted. 12.8 Provide five-foot-vvide sidewall(S in accordance vvith City Ordinance (Ord. 12-5-2.K). 12.9 All construction shall conform to the requirements of the Americans vvith Disabilities Act. 12.10 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist vvith the design of site drainage plan. 12.11 A minimum of one (1), 3-inch caliper tree must be planted for every I ,500 s.f. of asphalt area on the site and served vvith an underground sprinlding system. 12.12 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance vvith City Ordinance Section 11-12-1. C. Coordinate trash enclosure locations and construction requirements vvith Sanitary Service Company (SSe) and provide a letter of approval from sse to the Planning & Zoning Department prior to applying for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 ( building permits. 12.13 Asphalt/paving is required for all vehicular use areas in the City limits except permanent storage areas which are exempt from this requirement. 12.14 The "Future Access" drives shown on the west boundary of Lot I shall be a minimum of 25 ft. in width. 12.15 Applicant shall indicate if any explosive or hazardous materials will be stored and/or used on the site. (See Camp Plan Policy 3.7 under "Land Use" below.) 12.16 There shall be a 6' high fence constructed around Lot 1. Adopt the Recommendations of the Fire Department as follows: 12.17 All codes will have to be met. Adopt the Recommendations of Sanitary Services as follows: 12.18 Enclose size is adequate providing gates do not reduce the service width. Applicant shall provide drive-on access for an 8 yd. dumpster 60' minimum for truck length. Adopt the Recommendations of the Central District Health Department as follows: 12.19 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 12.20 Run-off is not to create a mosquito breeding problem. 12.21 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.22 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT · 6 disposal and design a stormwater management system that prevents groundwater and surface water degradation. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses -will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application -will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that -will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare Of odors. FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 ( (. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the ((Act" codified at Chapter 65, Title 67, Idaho Code (I.C. ~67 -6503). 2. The Meridian City Council may exercise all the powers required and authorized under the ((Act" except the power to adopt ordinances by the establishment of a Planning and Zoning CommiSSion by ordinance pursuant to Idaho Code Section 67 -6504 which the City Council of the City of Meridian has established by the passage of the ('City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4.. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 ( standards are met and that the proposed development: (Meridian City Code ~ 11-1 7 - 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smolce, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a light Industrial District (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17 -5 City of Meridian Zoning and Development Ordinance, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 /- ( ( "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11..17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; c. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 ( ( F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for construction of an office and shop in an I-L zone on Wilson Lane, south of Fairview Avenue and east of Locust Grove Road, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project except the Jacl<son Drain shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation drainage district, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - II ( 1.2 Any existing domestic wells and/or septic systems within this project will have to be. removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 1.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13- 4) and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 1. 7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12--S-2.IC). 1. 9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1 ~ 10 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 1.11 A minimum of one (1), 3-inch caliper tree must be planted for every I ,500 s.f. of asphalt area on the site and served with an underground sprinlding system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 ( 1.12 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12..I.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSe) and provide a letter of approval from sse to the Planning & Zoning Department prior to applying for building permits. 1.13 Asphalt/paving is required for all vehicular use areas in the City limits except permanent storage areas which are exempt from this requirement. 1.14 The "Future Access" drives shown on the west boundary of Lot I shall be a minimum of 25 ft. in width. 1.15 Applicant shall indicate if any explosive or hazardous materials will be stored and/or used on the site. (See Camp Plan Policy 3.7 under "Land Use" below.) 1.16 There shall be a 6' high fence constructed around Lot I. Adopt the Recommendations of the Fire Department as follows: 1.1 7 All codes will have to be met. Adopt the Recommendations of Sanitary Services as follows: 1.18 Enclose size is adequate providing gates do not reduce the service width. Applicant shall provide drive-on access for an 8 yd. dumpster 60' minimum for trucl( length. Adopt the Recommendations of the Central District Health Department as follows: 1.1 9 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.20 Run-off is not to create a mosquito breeding problem. 1.21 Stonnwater shall be pretreated through a grassy swale prior to discharge FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 ( ( to the subsurface to prevent impact to groundwater and surface water quality. 1.22 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerl( upon the applicant, the Planning and Zoning Department, the Public W orl(5 Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 (" ( NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67 -6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 11~ day of tJcI19~ ,2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ A- VOTED $A- VOTED $-- VOTED~ COUNCILPERSON I<EITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS MAYOR ROBERT D. CORjUE (TIE BREAI<ER) DATED: (O--/7-ot) ..---- VOTED FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 15 ( MOTION: APPROVED: /J;) -=-- .. DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W orlG Department and the City Attorney. IO'-17~tJ{) By: ",tltHfttttll,Qated: -\\'\' "C lAJ:'n~ 1/11 ,,~ _1 VI ..~~t)~ J'".f'?A '\.' ~"' ~4.. ..~ ~'r} . o~pOR4 h if, ~ .$ ~ ~() ~ ~ ~ ~ ey/Z:\WOlk\M\Meridian 15360M\Bliot Indust Pa~ Sub 013gEl}~P033 fCIS~P033ElIiot.WPd l"?~ ,# D J ~..,o li3r lS~ · x:'.? ~ ~l I d'.~ .$ ".....".1 CO, ,v \'~ v,~ UrJ r'l t \\,-' 'fl/ ,-,\ /lttlHH -ntt1\'" FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 16 (- (~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MAlTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN OFFICE ) AND SHOP IN AN I-L ZONE ) ) ELLIOT GROUP, LLC ) ) Applicant ) ) Case No. CUP-OO-033 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the 19th day of September, 2000, under the provisions of Meridian City Code S 11-17 -4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council talces the following action: 2. That the above named applicant is granted a conditional use permit for construction of an office and shop in an I-L zone on Wilson Lane, south of Fairview Avenue and east of Locust Grove Road, subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project except the Jaclcson Drain shall be tiled per City Ordinance. Plans will need to be approved by the appropriate inigation drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. ORDER. I CONDITIONAL USE PERMIT - OFFICE AND SHOP IN I-L ZONE - ELLIOlT GROUP LLC i. t. ( 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 2.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13- 4) and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 2.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporal)' signage, flags, banners or flashing signs will be permitted. 2.8 Provide five-foot-mde sidewallcs in accordance with City Ordinance (Ord. 12-5-2.I(). 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 2.11 A minimum of one (I), 3-inch caliper tree must be planted for every 1 ,500 s.f. of asphalt area on the site and selVed with an underground ORDER-2 CONDITIONAL USE PERMIT - OFFICE AND SHOP IN I-L ZONE - ELLIOIT GROUP LLC ( sprinkling system. 2.12 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements mth Sanitary Service Company (SSe) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 2.13 Asphalt/paving is required for all vehicular use areas in the City limits except permanent storage areas which are exempt from this requirement. 2.14 The "Future Access" drives shovvn on the west boundary of Lot I shall be a minimum of 25 ft. in width. 2.15 Applicant shall indicate if any explosive or hazardous materials will be stored and/or used on the site. (See Camp Plan Policy 3.7 under "Land Use" below.) 2.16 There shall be a 6' high fence constructed around Lot 1. 2.17 All codes will have to be met. 2.18 Enclose size is adequate providing gates do not reduce the service width. Applicant shall provide drive~on access for an 8 yd. dumpster 60' minimum for trucl( length. 2.19 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.20 Run-off is not to create a mosquito breeding problem. 2.21 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER. 3 CONDITIONAL USE PERMIT - OFFICE AND SHOP IN I-L ZONE - ELLIOTf GROUP LLC 2.22 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-1 7-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 171ft- day of &@~ , 2000. · Corrie, Mayor City of Meridian Copy selVed upon Applicant, the Planning and Zoning Department, Public Works \ \ \ \ \ 1 t.fttt I /f I, Departme and City Attorney. ,...",\\' Of MFOc,:'flll. /7 "..." ~" .-. 'i.U4 ~"./~ 10 tJo;- a r~ofVl ~ ~ By,: Dated: I (.,- - ~ ~QJ' ~<) ~ ~ ~ - - :: ~-EAL = _ c _ eylZ:\Woxk\M\Meridian 15360M\Elliot Indust Park Sub AZO 13PPO 15CUP033\OrdeICUP033Elliot.~d.,~ & g ~.~ ,Q; 0 .:: ~"'A '(!3r 19\ ' - ~ .$ ~ ~ " ~~ ~ ....~,~ 7 ~~ A_. ~ ~ \0 "....' J'-I~ p~VUNT~ t \,'W ~*Ii \\\ JIll-ii Hi uut\:\\ ORDER-4 CONDITIONAL USE PERMIT - OFFICE ANn SHOP IN I-L ZONE - ELLIOTT GROUP LLC ( ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) A GAS STATION FACILITY WITH A ) CANOPY AT FRED MEYER'S ) LOCATED AT 1850 E. FAlRVIEW ) AVENUE, MERIDIAN, IDAHO ) ) ) ) ) ) BY BARGHAUSEN CONSULTING ENGINEERS C/C 10-03-00 CUP-OO-041 ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 3rd day of October, 2000, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission i11cluding the Planning and Zoning Commission's Recommendation to City Council, and the City Council talting judicial notice, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Chris Ferko of Barghausen Consulting Engineers, and the Council having duly considered the matter makes the following Findings of Fact and ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 1 (~ Conclusions of,Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW I. The City Council talces judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements ofl.C. S 67-6509 and 67- 6512 and SS 11-2-416 E and 11-2-418 E. 3. The Council does for purposes of this dismissal Order, takes action against the project due to the inadequate parldng lot space, the additional generation of traffic congestion, and the unacceptable hazards to pedestrians for the subject property. ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE .AND FOREGOING FINDINGS OF FACT.AND CONCLUSIONS OF LAW,.AND GOOD CAUSE APPEARING, and specifically due to the fact that the subject real property would have inadequate parlcing lot space, there would be additional generation of traffic ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 2 ( ( congestion, and unacceptable hazards to pedestrians, this application is therefore dismissed. Additionally, the conditional use permit could be approved if the Applicant resubmits their conditional use permit application locating the proposed fuel dispensing station at the northeast corner of the existing parking lot, off of Avest Road. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: COUNCILMAN ANDERSON IA/ /;( ~ VOTED~- COUNCILMAN BIRD VOTED~ COUNCILPERSON deWEERD VOTED COUNCILPERSON McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: ! tJ.- !7-CJO VOTED ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 3 ( ( MOTION: APPROVED: ID~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and the City Attorney. Dated: By. City ClerIc msglZ:\Work\M\Meridian 15360M\Fred Myers Gas Station CUP04 I\FFCLOrdCUP04 I Denial ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 4 RE,r-ORDED - REQUE T OF:" ( FEE~EP 100086096 2fiOO DC 26 PM I: 37 CITI OF MERIDIAN ORDINANCE NO. fJ tf3 .AN ORDIN.ANCE FINDING THAT CERTAIN LAND TO BE IeNOWN AS LDS CHURCH SOUTH OF OVERLAND AND EAST OF LOCUST GROVE 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 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDIN.ANCES, 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 CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDIN.ANCE .AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AN"D ASSESSOR, .AND THE STATE TAX COMMISSION OF THE STATE OF IDMIO, PURSU.ANT 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: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-OO-015) - 1 ( A parcel of land located in the NW 1/4 of Section 20, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest comer of said Section 20, thence along the west line of said Section, (said west line also being the centerline of Locust Grove road), South 0034'14" West 970.57 feet to the POINT OF BEGINNING; thence leaving said west line. North 89059' 19" East 849.96 feet to the centerline of the Hunter Lateral; thence follomng said Hunter Lateral centerline that following courses; South 5031'22" East 47.18 feet; thence South 8030'22" East 217.92 feet; thence South 16011'23" East 98.94 feet to the Northeast comer of Rim View Estates Subdivision, according to the official plat thereof, filed in Book 43 at Pages 3477 and 3478, records of Ada County, Idaho; thence leaving said Hunter Lateral centerline, South 89059'19" West 917.87 feet along the northerly boundary of said Rim View Subdivision, to a point on the centerline of said Locust Grove road; thence North 0034'14" East 357.52 feet along said road centerline to the POINT OF BEGINNING. Said parcel contains 7e21 acres more or less and is subject to irrigation, utility, drainage and sewer easements as well as public road right-of-way. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idahoe SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps "as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in ANNEXATION AND ZONING ORDINANCE (AZ-OO-015) - 2 (~ ( \ conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the follomng officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map mth the State Tax Commission of the State of Idaho, all in compliance with Idaho Code s63- 2215 and S50-223. PA~D.BYTHE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 17..f!Lday of 'b/!J~ ,2000. APPROVED B~E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /7/1.. day of {fJc;frt' ,2000. ANNEXATION AND ZONING ORDINANCE (AZ-OO-015) - 3 ( STATE OF IDAHO,) SSe County of Ada. ) On this fl'" day of Octo ~ ,2000, 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 mthin 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) ....... .. ~ 0 .. .. ~ ....-=---_0 +. .~ ~,~~ 0 TA ;:;~~... #:tr>--~' ~' -<f" J.. ' . ., "4..1" f ~ ...,-. \ .. :f;1l * * * \N~ : ~ :>: . \ J · . \ I . . "~ ~. .~'.... lC ,,' · ..1i~-__--'..~O.. ..;40FIP~.. ........ -Db MSG\Z:\Work\M\Meridian 15360M\LDS Church Overland\AZOrd ANNEXATION AND ZONING ORDINANCE (AZ-OO-015) - 4 ( " CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City ClerIc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. tl23 passed by the City Council of the City of Meridian, on the /7tb day of tJc;.-h6-et- 2000, is a true and correct copy of the original of said document which is in the care, custody and control of tlufJ;Ut-x Clerk of the City of Meridian. \\' \\ . #I't ~,'V-\:. of MEFfto.l"'I:'Jt ....... .Jl~ -;~ .t', ~ ~'~ (} , ~oit1 ~-'4- "\ _! <s-oY r~o \ ~~ j, ~~9- :': SEAL - ?' \"? #. prLLIAM G. BERG, JR. ~ ~(' ~D .:: ~~*1o. ,er 151. ~ ~ ~., ,4--::~, f;.<'\ ~ " ,.......... i (\" "\V ,~ STATE OF IDAHdyl.r'/~/"'VlF\NTi" · ,\,\,\ , 1111 f;l J.: ~- ': :, " . \ \ \ ss. County of Ada, 11 day of .O~hJkJw, in the year 2000, before me, yr-z,I\-J , a Notary Public, appeared WILLIAM . BERG, R., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) 'fl...... .- u.. .+--L"f ~:.---.G.A:1 +. .~~.,.-- TA ~'~di1. ..~,<~o -~i'\~~ :~f do...d... ~ \t-=l~ .CJ)~ ~ 1t'( JI{ .>. " , I B '0 \ I . 0. \ " II '" " I . ~..dl~,~~S.~~.. 4)>.1.11EOFlP~. collaa..- qyll^r-~~ Notary i~~lk;li4~1O Commission Expires: ~ li-j{,-()fo ""~ msg\Z:\ W ork\M\Meridian 15360M\LDS Church Overland\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OO-O 15 ( a lr V" w 0_ N- ~~~~ J-t--:t--o:i U)v.....O> _ C\I o ~I z ~ w ~ ~~ U; ~ :Z cj 0 ui~ s: Z Z (2 ~O Q ~ W -:I: ill Z<( ci ~ 00 () /-- Z N LL ci z- z 0 <(.$ <( 0 uo Z t= >- uiffi 0 0 t: 8:;E W 0 N n:: en 0 en J-- Z ~ <( 0 (f) a z :s ffi > o ~ [ C!)~~~ ~gj~~ 0::;....0..... <i<'?<'?r- uJ <) <) CD mU3Z5Ci) ~ I---- .- w ~:J:::J~ ....J t--- --d :1 ~~ I I- 00 I---- 0 F= w - t--- :3 ~-- - _f-- / ~ - ~ ~ ~ z z a w CD LL o J- Z o a... ~ Z!i"LSE ~"" 3..vLV8000N " /7' I ~ ,t;- r/ ___g-~ ~~_7, 8 [j\G ~ -fTfTTT1 \ \ \ 11~O^VE ~r~r- ~~~ ~ ~ S SP( RTSMAN ~ r-- t-- f--- ::J M ....J \ _r--- - w ~~ 0>. tOO> o v 0>00 co Z ~ ~fo 0> . LOt-- men co U) ~-- :s;{:J d't;~ l'-- a N co en ~ Gel 3^mw lS0:J01 LITIII :MV 3>fV3d\l t--- I--- I---- I---- - - I--- -- I- I- 00 00 w 0-- ~ F= U5 w_ I III 3 ---- w m w_ I - I---- I- 00 o ~ o m w I- (f) ~ u 8 15 0- W r- - (/") - z r.c lL ___ :::J- a. w ~v --- V --f)~ r---VA \~ ?,.>. V ~ iP~ \ ~~\€' ~ t3 -0 a: w a. w -I U) W \.. r-~ T I 3!\V NVNS S I I ( October 131 2000 Ordinance MERIDIAN CITY COUNCIL MEETING APPLICANT October 1 71 2000 ITEM NO. 3 REQUEST Ordinance - Finance Director Ordinance AGENCY COMMENTS CITY CLERK: See attached Ordinance 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: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: -@-- -. - - --' <./- - --' - -- - - - ~ - .- ~~ - :- ~ t Bqf o/J/ .rY If(OV -~ 0- pl" orV - \ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: - - - - - -. - - .... .....B~O~1-VED\ ... .. .. ...... .. 2?tltl~ .. .... > .QC11 ... .... .....~ ... CnYOy~ltl11... .. Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED OCT 1 2 2000 CITY OF MERIDIAN From: Wm. F. Nichols Subject: Finance Director Ordinance Date: October 11, 2000 Will: Pursuant to City Council's direction from last nights special meeting, please find attached an original revised Finance Director Ordinance. Therefore, this should now complete this matter, as the ordinance was approved at last night's meeting with the revisions. If you have any questions please advise. msglZ:\ W or k\M\Meri dian 15360 M\H uman Resources\B erg 1 0 11 00 FinanceDirOrd. Mem ( ( CITY OF MERIDIAN ORDINANCE NO. f3q{- AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW ARTICLE F OF CHAPTER 8 OF TITLE I MERIDIAN CITY CODE CREATING AND PROVIDING FOR THE ESTABLISHMENT OF A FINANCE DIRECTOR; PROVIDING FOR THE FINANCE DIRECTOR'S APPOINTMENT AND FUNCTION, POWERS AND DUTIES; REPEALING ANY ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH ARE HEREBY REPEALED, RESCINDED AND ANNULLED; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: WHEREAS, the tremendous geographical and demographic growth of the City of Meridian has increased the necessity of prudent use and expenditure of City resources; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City to establish a position of Finance Director to assist in preparation and administration of the budget, and other fiscal matters. SECTION I: as follows: A new article F of Chapter 8 of Title 1 is hereby enacted to read 1-8F-I: APPOINTMENT: TERM OF OFFICE: The City Finance Director shall be appointed by the Mayor, with the consent of the City Council, and shall hold office for the duration of his appointment unless sooner removed. 1-8F-2: FINANCE DIRECTOR DUTIES: A. Attend Meetings of Council: The City Finance Director shall attend all sessions of the City Council. B. Polices and Plans: The City Finance Director shall implement policies and plans of the Mayor and Council. FIN.ANCE DIRECTOR ORDIN.ANCE - PAGE 1 OF 4 ( ("- C. Policy, Short and Long Range Planning Responsibilities: The City Finance Director shall advise the Mayor and Council on financial policy considerations, and short and long range financial planning. D. Financial Activities: The City Finance Director shall review and analyze financial methods and performance to find ways to increase effectiveness, improve results or effect economies in financial activities. E. Budget Requests: The City Finance Director shall analyze budget requests for compliance with appropriate rules, regulations, policies, procedures, budget, and capital improvement plan. F. Annual Budget Amendment: The City Finance Director shall develop the annual budget amendment, including gathering all data, analyze results and present a final report to the Mayor, Council and the public. G. Annual Financial Report: The City Finance Director shall work with the Treasurer's Office to prepare the City's Annual Financial Report. H. Auditing Procedure: The City Finance Director shall review the auditing procedure to ensure compliance with local, State and Federal regulations. I. Audit Functions: The City Finance Director shall direct and coordinate the internal and external alldit functions of the City. J. Economic Development and Redevelopment: The City Finance Director shall work closely with the Mayor and other entities on City economic development and redevelopment activities; in conjunction with the Mayor confer with business organizations, developers and others interested in locating within the City; and arrange funds for City infrastructure expansion. I(. Presentations!Reports: The City Finance Director shall coordinate the presentation of, and personally prepare, a wide variety of reports or presentations to the Mayor and Councilor outside agencies. L. Monitors, Interprets, Evaluates and Drafts Regulations: In connection with assigned activities and functions, the City Finance Director shall monitor and interpret changes in laws and regulations; evaluate their FIN.ANCE DIRECTOR ORDIN.ANCE - PAGE 2 OF 4 impact upon City activities, and in cooperation with the City Attorney draft changes to ordinances, regulations, policies and procedures. M. Financial Condition of City: The City Finance Director shall direct and conduct analytical studies; forecast, estimate, and monitor the financial condition of the City; develop and review reports of findings, alternatives and recommendations; and direct the maintenance of accurate records and files. N. Assure Performance: The City Finance Director shall assure that assigned areas of responsibility are performed within budget; perfOrlTI cost control activities; monitor revenues and expenditures in assigned areas to assure sound fiscal control; assure effective and efficient use of budgeted funds, personnel, materials, facilities, and time. o. Goods and Services, Procurement: The City Finance Director shall be responsible for recommending policies and procedures for procurement to the Mayor and Council. P. Other Duties: The City Finance Director shall be responsible to perform other duties as assigned or needed by the Mayor and Council. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDI1Y: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and FIN.ANCE DIRECTOR ORDINANCE - PAGE 3 OF 4 f- t ( effect after its passage, approval and publication, according to law. PASSED BY THE CITY COQNc;IL OF THE CITY OF MERIDIAN, IDAHO, this 17~ day of Ccfl:;~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 17ib day of Cc/P 60- , 2000. AITEST: FIN.ANCE DIRECTOR ORDINANCE - PAGE 4 OF 4 October 13, 2000 Resolution MERIDIAN CITY COUNCIL MEETING APPLICANT October 17,2000 ITEM NO. 4 REQUEST Resolution - Policy Salary Schedule AGENCY COMMENTS CITY CLERK: See attached Resolution CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: if ~J(tV .IV .- (OV f..P~ (j pf (lJ) rtr. MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM RECEIVE]) CITY OF MERIDIAi~ To: From: Wm. F. Nichols 'e, Chief Bill Gordon and Pauline Skeggs Subject: Police Salary Schedule Resolution Date: October 11, 2000 Mayor Corrie, Chief Gordon and Pauline: Please find attached a DRAFT of the proposed Resolution pertaining to the Police Salary Schedule. Please review this Resolution for any additional comments or input. I will await a response from each of you. msg/Z:\ W ork\M\Meridian 15360 M\Police Dept\Resolutions\MayorChiefIO 1100 .Mem t" ( ."RAFT.. ~ . RESOLUTION NO. RECEIVED OCT 1 2 2000 CITY OF MERIDIAN BY: A RESOLUTION ESTA.BLISHING A POLICE OFFICER COMPENSATION SCHEDULE, DETERNlINING CRITERlA FOR MOVEMENT WITHIN THE SCHEDULE, AND PROVIDING FOR PLACEMENT ON THE SALARY SCHEDULE OF NEW SWORN OFFICERS WITH PRIOR EXPERIENCE. WHEREAS, the City Council of the City of Meridian has determined that a new Compensation Program And Schedule For Sworn Police Officers, excluding the Chief of Police, is in the best interests of the City and its citizens; and WHEREAS, after reviemng compensation programs for sworn police officers from other jurisdictions, and considering the needs of the City and its sworn officers. NOW, THEREFORE, BE IT RESOLVED BY THE l\1AYOR AND CITI COUNCIL OF THE CITI OF MERIDIAN, IDAHO: SECTION 1: The Meridian City Council- hereby aqopts the Salary Schedule which is attached to this Resolution for all sworn police officers, excluding the Chief of Police, which schedule will be effective, and is retroactive to, October 1, 2000. SECTION 2: Movement on the Salary Schedule shall be determined by reference to the police officer's original date of employment. At the designated anniversary date of employment (e.g. 6 mas, I yr, 2 yrs, etc.), if the police officer has received, at his or her Performance Evaluation immediately preceding the anniversary date, an evaluation equal to, or exceeding "acceptable", then, in said event, said officer shall move to the next level of compensation on the schedule. If a police officer does not receive an evaluation of "acceptable" or better, said officer shall remain on the same compensation step regardless of continuous time in service, unless and until that officer receives an evaluation of "acceptable" or better, when that officer 'Will move to the next step, regardless of the number of years of continuous service. Resolution Police Salary Schedule - Page 1 of 2 ( SECTION 3: Newly hired sworn police officers meeting certain criteria, will be placed on the Salary Schedule at a point other than the entry point, if said officer has been employed as a sworn police officer, or equivalent, (e.g. military police, border patrol, federal officer) for at least two years of continuous service in a paid, full time (40 hours per week or other FLSA full time standard) position in a department or agency with at least 20 paid officers (or equivalent), and said new employee also holds an Idaho POST certificate. For any new hires satisfying the above listed criteria, said officers shall receive one year of credit for each year of qualified previous service. A maximum of four (4) years of prior service credit mIl be allowed. Those applicants with more than four (4) years prior service shall be eligible to receive a maximum of no more than four (4) years of service. SECTION 4: Any portions of the Compensation Schedule for Sworn - Police Officers or parts thereof, that are in conflict herewith are hereby repealed, rescinded and annulled. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ,2000. APPROVED BY THE NlAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. Mayor ATTEST: City Cler]( z:\ W o rk\M\Meri dian 15360 M\Police Dept\Resolutions\PoliceSalarySchOrd. \vpd Resolution Police Salary Schedule - Page 2 of 2 ( .. "/c yYLtlty lo- ("7-01) l~ No. +- interoffice MEMORANDUM To: From: Wm. F. Nichols Subject: ResolutionlCert of Clerk Police Salary Schedule Date: October 12, 2000 Will: Please find attached the originals of the Resolution and Certificate of Clerk for the Police Salary Schedule. This matter is now ready to be placed upon an upcoming City Council meeting. Please place this under the Consent Agenda. If you have any questions please give me a call. MsglZ:\ W ork\M\Meridian 15360M\Administration\Berg 10 1200PoliceSalarySchRes.Mem RESOLUTION NO. BY: A RESOLUTION ESTABLISHING A POLICE OFFICER COMPENSATION SCHEDULE, DETERMINING' CRITERIA FOR MOVEMENT WITHIN THE SCHEDULE, AND PROVIDING FOR PLACEMENT ON THE SALARY SCHEDULE OF NEW SWORN OFFICERS WITH PRIOR EXPERIENCE. WHEREAS, the City Council of the City of Meridian has determined that a new Compensation Program And Schedule For Sworn Police Officers, excluding the Chief of Police, is in the best interests of the City and its citizens; and WHEREAS, after reviemng compensation programs for sworn police officers from other jurisdictions, and considering the needs of the City and its sworn officers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITI OF MERIDIAN, IDAHO: SECTION 1: The Meridian City Council hereby adopts the Salary Schedule which is attached to this Resolution for all sworn police officers, excluding the Chief of Police, which schedule will be effective, and is retroactive to, October I, 2000. . SECTION 2: Movement on the Salary Schedule shall be determined by reference to the police officer's original date of employment. At the designated anniversary date of employment (e.g. 6 mas, I yr, 2 yrs, etc.), if the police officer has received, at his or her Performance Evaluation immediately preceding the anniversary date, an evaluation equal to, or exceeding "acceptable", then, in said event, said offi~er shall move to the next level of compensation on the schedule. If a police officer does not receive an evaluation of "acceptable" or better, said officer shall remain on the same compensation step regardless of continuous time in service, unless and until that officer receives an evaluation of "acceptable" or better, when that officer will' move to the next step, regardless of the number of years of continuous service. Resolution Police Salary Schedule - Page 1 of 2 SECTION 3: Newly hired sworn certified police officers meeting certain criteria, may be placed on the Salary Schedule at a point other than the ent!)' point, if said officer has been employed" as a sworn certified police officer for at least two years of continuous service in a paid, full time position in a police department. For any new hires satisfying the above listed criteria, said officers may receive up to one year of credit for each year of qualified previous service. A maximum of four (4) years of prior service credit may be allowed. Those applicants with more than four (4) years prior service shall be eligible to receive a maximum of no more than four (4) years of ~ervice. SECTION 4: Any portions of the Compensation Schedule for Sworn Police Officers or parts thereof, that are in conflict herewith are hereby repealed, res~inded and annulled. PASSED BY THE COUNCIL OF THE CITI OF MERIDIAN, IDAHO, this day of ,2000. APPROVED BY THE MAYOR OF THE CITI OF MERIDIAN, IDAHO, this day of ,2000. Mayor ATTEST: City Cler]( z:\ W ork\1v1\Meridian 15360M\Police Dept\Resolutions\PoliceSalarySchOrd. wpd Resolution Police Salary Schedule - Page 2 of 2 C/) ~ E ~ 01 o ct 0.. Q.) Ci5 c .0 0.. -6 ~ ~ ~ N 05 "'C o :2 Q.) J:? o Cl.. t-- ~ LO r-- C\J CD ~O~~ ~NC\JC\J >. ,.....&'7i:l9-t17 ("l') ,....... ~ N CD ~ ~OO~ ~NC\JC\l ~ CO&'7i:l9-~ O')("l')!'- . CO ~ I..t;) ~o>OO ~T-NN ~ Lt)trt769-~ COOv ~CDO 1-0)0>0 ~~~C\J ~ VE:A-~W N<DO co 0 I..t;) " ~O:>a)o) ro~or-~ Q.) >. ("l')~69-tFt CONCD OLDO> ~cOO:>cO ~~~~ ~ N4.9-~69- tONCO ~CDO ~~r---:o:i ro~~~ Q) >.. ~69-tA-t17 0> C'I? r-- . N r---. ~ UJc.Oc.cir---.: O.,.-.,-~ E to t17 t:l9- 69- 0> C"") r-- c"") CO N LriLcitci ~"'l"""'""-~ C Wf:I'7tA-tA- O~ f/) ~ OJ.! ~ (tJ ""C o :0 (1) t Q> (,) Q> E c: C) ~ Cts Q) > 0-""0 z.E<r .. ~ (1) .g o -0 ~ ~ co c... ~LOO> CON CO ~NN NNN 69- 69- tI7 vCON "!~~ .,.- .,.- N N N N t17 0t7 0t7 CONW CDor-LO O~~ N N N 69- 617 tit ~lOO> .,.-1..(')0> 000 N N N 6'7 tI7 ~ L()O)C"? LOO>v 0)0)0 .,.- .,.- N ~ t:Ft tI7 CON(O C') v co cO 0)0) ~ .,.- or- "*" tI7 tI7 v co N avo> cO cO 0:> .,.- .,.- .,.- tI7 tI7 {,9- 0> M ,..... ~~~ t--t'-t-- .,.- <or- .,.- tI7 tI7 f,;,C7 LDO>M or-LOO tOtO,....: or- <or- or- tI7 ~ tI7 Q) ~"O "'C Q.) OJ (.) (,) E c: _ ... ctJ en (1) > ctI....-O eJE< .. Q) o~ U Q) Q; o o~co 0> M ,..... NMM NNN f:lI7 f:/7 69- .,.-LOO> ("l")"""'.,.- NNM NNN tI7 * tI7 .,.-LOO') f':~Lq .,.- N N NNN i:F7 f:/7 tI7 NCOO .,.-LDO ~~N NNN fTt f:/7 6'7 NCOO Lq~~ 00.,.- N N N 69- f:/7 ~ C"),......,.- ~ct)co 0100 ,- N N "*" f:/7 fA- ~CON ~~cq co 0> 0> .,.- .,- .,.- EA- t.9- 617 lOO>C"? 0'> M co r---.:cOcO .,.- .,- .,.- tI7 tI7 tI7 <oo-..:r O)vCO to,....:,....: .,- .,- .,.- -fJ7 tI7 ~ Q) ~"'C "0 Q) Q) t.) E E ~ en OJ > ctI-"'O m.E< :., c ra Q) OJ ~ Q.> U) vCON vCOC"") tOtO,....: NNN tI7 EA- tI7 CDOv ,.....C\JCO LDc.Oc.O N N N i:F7 &CT art t- ......- lO OLDO) LCu?U) NNN tl9- tit art O)M""" C"")CON ~~Lri NNN t:Ft vc) f:/7 OvCO ,...... or- l!) C":i~-.i NNN tI7 tI7 6'7 NCOO o~~ MMM NNN 4.9- tI7 tI7 CON co ~~~ ~NN NNN tI7 &9- tI7 ('I") ,...... .,.- ~~~ 0.,-.,- NNN tI7 tI7 t.9- 0)('1")""'" L()~~ 0)00 oor-NN tI7 tI7 6'7 Q) ~"'C -0 Q) Q) c.> o~ E ~ V1 Q> > cc:....""O mEet 1: ra c ~ ~ Q) ::J vCON ~"!to-.: ,...... co co NNN f:/7 tI7 617 .,- L() 0) "'-a.q~ to--. to--. ,...... NNN ~~&9- C) C") ,...... C"?tON cric.O~ NNN {,9- (;.C7 ~ ,...........-lO CDor-LO LOc.Oc.O NNN ~ t/7 617 l!)O)('I') C)('I")CO ~LriLO NNN 69- ~ tF)- ('I") t"- ~ NCO~ -.i~t.O NNN ~ tfC) 617 ('l") t- ~ ~~~ M M C"? N N N 69- ~ &9- NCOO C!:!"',..... .,.-NN NNN tfC) ~ 69- NCOO ~~~ o~or- NNN ~ 69- 617 C> ~-c -c Q) Q) t.) O~ E ~ tJ) Cl> > ('0-'''0 m..E< c Oct; Q.. ro u ~ cti 0. Q.) VJ co .0 ~cn ID ~ o "'C 'm C/) ..'0 ~t :~ ~ ~ C/) - cti C:>>C C 0 '(i) = ::l ~ >.C: :::; Q) c: 0.. ~ ~ [5 U (/)ro .- c: o 0 ..r::= :::0 ~"'C 0) co () ~ t: ::; a ~ 0)- .~ ID c 0- ~~ roo 0617 1E. Q) ro > .~ .0; o u .r::. ~ ~ro c..c co C/) ~-E ~ Q) ~ E ~t o ro mar .::: 0 t5 Q) Q) U 0:;= ~cf ID ffi u ._ t:"'C '0 .~ - Q) o~ .= Q) ~:5 >->. C.o CO-o Q)~ Q) g>~ 3: Q) >. .~ "- C :J rn o u ..r:: Q) en .S2 c- .- 0 o Cl.. en"'C ~ Q) o c ~ .~ r- -" = co o ~ -- 0 c- o C) ::=; C :.0 .~ -g ~ E-g co ( CERTIFICATE OF CLERI( OF THE CITI OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, vvith its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of ,2000, the follovving action has been taken and authorized. A RESOLUTION ESTABLISHING A POLICE OFFICER COMPENSATION SCHEDULE, DETERMINING CRITERIA FOR MOVEMENT WITHIN THE SCHEDULE, AND PROVIDING FOR PLACEMENT ON THE SALARY SCHEDULE OF NEW SWORN OFFICERS WITH PRIOR EXPERIENCE. WHEREAS, the City Council of the City of Meridian has determined that a new Compensation Program And Schedule For Sworn Police Officers, excluding the Chief of Police, is in the best interests of the City and its citizens; and WHEREAS, after revievving compensation programs for sworn police officers from other jurisdictions, and considering the needs of the City and its sworn officers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: The Meridian City Council hereby adopts the Salary Schedule which is attached to this Resolution for all sworn police officers, excluding the Chief of Police, which schedule mIl be effective, and is retroactive to, October 1, 2000. SECTION 2: Movement on the Salary Schedule shall be determined by reference to the police officer's original date of employment. At the designated anniversary date of employment (e.g. 6 mas, I yr, 2 yrs, etc.), if the police officer has received, at his or her Performance Evaluation immediately preceding the anniversary date, an evaluation equal to, or exceeding "acceptable", then, in said event, said officer shall move to the next level of compensation on the schedule. If a police officer does not receive an evaluation of "acceptable" or better, said officer shall ( remain on the same compensation step regardless of continuous time in service, unless and until that officer receives an evaluation of "acceptable" or better, when that officer will move to the next step, regardless of the number of years of continuous service. SECTION 3: Newly hired sworn certified police officers meeting certain criteria, may be placed on the Salary Schedule at a point other than the entry point, if said officer has been employed as a sworn certified police officer for at least two years of continuous service in a paid, full time position in a police department. For any new hires satisfying the above listed criteria, said officers may receive up to one year of credit for each year of qualified previous service. A maximum of four (4) years of prior service credit may be allowed. Those applicants with more than four (4) years prior service shall be eligible to receive a maximum of no more than four (4) years of service. SECTION 4: Any portions of the Compensation Schedule for Sworn Police Officers or parts thereof, that are in conflict herewith are hereby repealed, rescinded and annulled. William G. Berg, Jr. STATE OF IDAHO, ) : ss: County of Ada, On this day of ,2000, before me, , a Notary Public, appeared William G. Berg, Jr., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and -acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: z:\ W ork\M\Nleridian 15360M\Police Dept\Resolutions\CerClkP.oliceSaISchOrd.wpd f'... 't- LD f'..NCD ,,-ci~~ mNNN ~ I'-09-EI7tR- en ~ E ~ 0> e C- o. Q) U5 c '0 0. -6 ~ ~ ~ N ("l') f'.. 't- NCO~ ~Oo~ ~NNN ~ CO~0C7~ mC"?f'.. COT-I.{) L..aioo ~~NN ~ LDf;:Il7tf7tf7 COOV ~COO L..criaio m~~N ~ -..t~tA-tF7 N<OO <OOLO "-cOaien en~'r"-r- Q.) ~tA-EI7tA- CON<O OLDm '-cOc:Occi ~~-r-~ ~ N~EI7E17 CON <0 -r-COO "-,,r---:o:i en.,....,...-r- Q) ~ -r-tA-tA-tR- Q5 "0 o :2 Q) .~ (5 a.. Q)("l')f'.. . N f'.. .,... encricO""': ~,,-or-.,... CO tA- b'7 tA- Q)('I')f'.. MCON Lr.iLr.icO ~ or- .,... .,... C WtA-tA-tR- o oVi (tS C:O$ o .~ -0 "'C Q) ~ Q) 0 Q) E c: () ~ ns O$~ z.Ec:( it '- (1) o E o o '- ..... a:s c.. or-LOO> CON CO ~NN NNN tA- E:/7 tA- VCON N<O.,... ~'-:N NNN tr.t ~ tA- CONCO COor-L{') o'-:~ NNN t.'7 V7 ft7 or-LOO'> or-l!)O> ocici NNN EI7 EI7 69- L{')Q)("l') LOO>v aicrici .,... .,... N tA- EI7 tI7 OONCO cn-..tCO cOmai ~ .,... -c- .,.. EI7 69- vCON OvO> cciccicci .,... .,... .,... EI7 tI:t tA- Q)C"')f'.. 01.00'> """ .,... .,... .,... tA- tA- tA- LOQ)C'"? .,...1.00 cOcri"": .,... .,... .,... tA- EI7 tA- Q) ..... o~ "0 -0 QJ OJ (.) (.) ~ C 0- t: ns f/) Q) > ns.....-o c:oE< it Q) > :: u OJ ..... OJ C OvCO Q)('I')f'.. 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"":NN NNN t.l7 tA- tA- ('l')f'...,... ,......,...c.o o~~ NNN fJ7 tA- EI7 O>Mf'- LOOv aioo ""'NN 6'7 E:I7 (T)- Q) ... o~ "'0 "0 Q) Q,) (.) o E c: 0_ '- (tS f/) Q) > (tI..."O DJ.E<e ...... c: ctI c: Q,) ..... ~ Q) :J vCON CONI'- r....:o:icci NNN 69- tA- W -r-LOO'> .,...L{)CJ) ,....:",...: NNN tA- t:F7 (fi- O>MI'- C"')CON cci<.ci"": NNN 617 tA- tA- ,......,...1.0 CO.,...L{') LOwcci NNN EI7 69- tA- LOQ)\'? O>MCO ~LriLri NNN EI7 EI7 EI7 Mf'...,... NCO.,... ~~l!':i NNN ~ EI7 tI7 Mf'........ ~~~ MC'?C'? NNN EI7 EI7 69- NCOO CONI'- ~NN NNN tA- 69- tr? NCOO COOLO o~~ NNN &7 EI7 EI7 Q) ~"'C "'0 Q) Q.) 0 o E c: 0_ ~ (tJ f/) Q) > CU"''''O ca.E<e c: on; +'" a. Ct1 U ~ en 0- w en co .0 en i.... Q.) () !E o "'0 'co en "'l-- .. 0 g>t :~ ~ ~ en - en O;C c: 0 '(;5 :+= :J co en ~c :;::; Q.) c: c.. ~ E ~ 0 B 0 enro .- c o 0 -c:.;:; :::.0 ,-"0 Q) co CJ ~ tE g O..c w "- .S; Q) c c.. ctIL{') (0) co ' o o~ ~ Q) ctI > .~ '0; o U -C ~ ::= _ co c.c. en en 0) ... ~c Q) Q) en E "-t:: o en ... CL Cl) Q) ,~ 0 13 Q) Q) 0 Q3:: "'0 0 a.. ""':c ~ ,~ tE:2 o ~ - Q) e~ - Q) ~= ~>. CD C'O~ ... Q) (l) en ~:J ;: Q) >. ,f;: "t:: C :J ro o u .c. Q) 0> .~ c- ,- 0 o 0- 0>"0 ~ Q) S .f;: Q) ~ ..c.- -- en o '- -- 0 c:~ o 0> :.;:; c: :0 'c "'0 ro en U c"O - c: .... co interoffice MEMORANDUM Yvvtr lo--- l~ No. + To: From: Wm. F. Nichols Subject: ResolutionlCert of Clerk Police Salary Schedule Date: October 12, 2000 Will: rlease find attached the originals of the Resolution and Certificate of Clerk for the Police Salary Schedule. This matter is now ready to be placed upon an upcolning City Council meeting. Please place this under the Consent Agenda. If you have any questions please give me a call. MsglZ:\ W ork\M\Meridian 1 5360M\Administration\Bergl 0 1200PoliceSalarySchRes.Mem i \ RESOLUTION NO. 344- BY: t M-1./( IU c (! CVn~ A RESOLUTION ESTABLISHING A POLICE OFFICER COMPENSATION SCHEDULE, DETERMINING CRITERIA FOR MOVEMENT WITHIN THE SCHEDULE, AND PROVIDING FOR PLACEMENT ON THE SALARY SCHEDULE OF NEW SWORN OFFICERS WITH PRIOR EXPERIENCE. WHEREAS, the City Council of the City of Meridian has determined that a new Compensation Program And Schedu~e For Sworn Police Officers, excluding the Chief of Police, is in the best interests of the City and its citizens; and WHEREAS, after reviewing compensation programs for sworn police officers from other jurisdictions, and considering the needs of the City and its sworn officers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: The Meridian City Council hereby adopts the Salary Schedule whicll is attached to this Resolution for all sworn police officers, excluding the Chief of Police, which schedule will be effective, and is retroactive to, October 1, 2000. SECTION 2: Movement on the Salary Schedule shall be determined by reference to the police officer's original date of employment. At the designated anniversary date of employment (e.g. 6 mas, 1 yr, 2 yrs, etc.), if the police officer has received, at his or her Performance Evaluation immediately preceding the anniversary date, an evaluation equal to, or exceeding "acceptable", then, in said event, said officer shall move to the next level of compensation on the schedule. If a police officer does not receive an evaluation of "acceptable" or better, said officer shall remain on the same compensation step regardless of continuous time in service, unless and until that officer receives an evaluation of "acceptable" or better, when that officer will' move to the next step, regardless of the number of years of continuous service. Resolution Police Salary Schedule - Page 1 of 2 ( ( SECTION 3: Newly hired sworn certified police officers meeting certain criteria, may be placed on the Salary Schedule at a point other than the entry point, if said officer has been employed as a sworn certified police officer for at least two years of continuous service in a paid, full time position in a police department. For any new hires satisfying the above listed criteria, said officers may receive up to one year of credit for each year of qualified previous service. A maximum of four (4) years of prior service credit may be allowed. Those applicants with more than four (4) years prior service shall be eligible to receive a maximum of no more than four (4) years of service. SECTION 4: Any portions of the Compensation Schedule for Sworn Police Officers or parts thereof, that are in conflict herewith are hereby repealed, res~inded and annulled. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 11:~ day of tJGh~ ,2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /7~ day of t9~ , 2000. C ArrEST: ::: ~~n^L :: ~~.k1- _ ~ ~ ~ ~ :: ~ ~o ~ \ "1{j,^ <::Sr lS"i . ~ .p.j Z:\Work\M\Meridian 15360M\Police Dept\Resolutions\P~~}51s~Jwy c rd.W@~ ,'\:-'-: 1_/;0, "uUNT'l t \\.'~ III . \\\\ i.di:a.nH\\ Resolution Police Salary Schedule - Page 2 of 2 I"-~t..n t'-C\ICO LO~~ ~C'\JC'\JN >. ,.....(fl-~(fl- (/) x E ~ Q) o 0: 0.. Q) Ci5 c '0 0. I :2 :2 ~ ~ I C'\I C") t'- ~ ~~'""": LOO~ ~NC\lN >. C06Cr09-69- Q)C1')I"- 'CO ~ t..n LaiOO ~~NN >. L{)6CrW09- COOv '""":~~ LQ)Q)O ~"""~N ~ V~Ef1-~ NCDO COOl.O J....cOo;m ro~~~ Q) ~ C")6Cr69-69- CONCO o Ll) 0> '-o:icOcO ~~~~ >, N~69-tA- CONCO '""":~~ Lr-r-CO ro.,.......-~ Q) >. ~t:A-Y769- CD "0 o :2 Q) ~ o 0.. 0> C1') r- " N I"- .,.... (/)c.cicD~ ~..........-or- CO &7 69- f:r)- 0'> C") "- MCON Lriu:ic.ci C.,.....,.....,.... C W&9-Y7W .~ en ~ al$ 1-CO"'O o :a Q) ~ Q) U Q) E s:: () ~ ~ ~:E~ +: '- Q) (.) == o "0 '- ..... co C. .,.... L{) en ~~~ ~NN C'\I N N 69- 69- 69- vCON ~~'""": .,.......-N N N N b9- Y7 69- CONte ~'""":~ o or- or- "INN Y7 69- EI7 .,.... LO Q) ~~~ 000 NNN tA- 69- !;17 l.O 0> C'? ~~~ meno ~ .,.... N E:A- 69- tA- CON to ~~cq co 0'> 0') ~ .,.... .,.... "*" {;17 tA- VCON ~~~ co co co V7 (;17 tA- 0) c"? ,..... ~~~ r- ,..... ,..... tA- (;17 69- 1.O 0'> C"? ...-l.OO cDc.ci~ .,.... ...- .,.... b9- fh V7 Q) ...... .~ -0 "c Q) Q.) (.) (.) E C ._ '- ctS CJ) Q) > CO"""'O al.E< it Q.) > ; (.) Q.) ..., OJ C OVco ~~f': NC"?C"? N N N &7 E:I7 69- .,.... lD Q) ("l") t- .,.... NNM N N N 69- b9- iI7 .,.... lD Q) f'..;or-:~ or- N N NNN V7 Y7 Y7 NCOO ~Lq~ .,.....,....N NNN b9- U;)- y:; N co 0 Lq~~ 00.,.... NNN (;A- tA-- EA- M r- .,.... m ('l") co ai06 T"" N N U)- 69- Y7 VCON ~~~ co 0'> Q) .,.... ...- .,.... V7 69- EA- LO en ('l? ~~~ r- co co ...- .,.... .,.... 09- 69- fFt coo-.::r ~~cq CD r- l"- T""" .,.... .,.... 69- 69- 69- Q) .... .~ "'0 "'C Q) Q) (.) (.) ~ c: _ t: fa en Q) > cu...."'O al.E<t +: ..... c: ca Q.) C) '- Q> (f) VCON vcoC") cDcD~ NNN 69- E:A- fA- COO"Q'" ,.....NCD LOcOcO NNN (;17 (fl f;J7 ,............lD DlDO') LOLriLO NNN 69- (:A- 69- CJ) M t- ~cq~ v"Q'"l.O NNN 69- 69- 69- avco f"...,....LO C"?"C:tv NNN 69- 69- (fl NCOD o v CJ) C""i~c-r) NNN fIR- !;17 69- CON CO co C"? ,..... ~NN NNN ff7 69- Y7 C")t'-....... f'..;-r:~ o .,.... .,.... NNN f:I7 ff7 69- 0> M r- Lq~~ Q) D 0 .,....NN Err 69- 69- Q) ....., .~ "'0 "'0 Q) Q) (.) o E c: ~- '- ~ en Q) > CO:......"C tC.E< ...... t: co t: Q) ..... ::I Q.) :J VCON co N ,..... ~cOc:O NNN y:;;. Y7 fI7 .,..... LO Q) "':~~ f"..t'-t'- NNN /:;F)- E:A- f:FT O)('t)t--- ~cq~ c.ocot'- NNN f:rJ- f::F)- ff7 r- T""" LO co .,..... LO U:>cOcD NNN f::F)- ff7 Vt lD m C") 0> ('t) co -ciLriLO NNN y:;;. Y7 f:F;- M r- ....... N CD .,.... ~..q:u:i N N N CI'r EA- OCT C") t- ~ ~~~ C"? C"? C"? NNN OCT EA- f:Fj- C\lCDO cq~,,: ~ N N NNN b'7 b'7 OCT Ncoa ~~~ OT"'""T"'"" NNN fFT fFT 69- Q) .... .~ "'C "'C Q.) (1) (.) () E c: ._ L.. co tJ) Q) > C'tf......"'C alEe:( l:::: .co ...... a.. ctS U :>.. co Q. m (/) ro .c (/) -03 u ~ o "'0 "00 rJ> \+- - 0 g>t c co .- 0.. ~ en -- co o;c C 0 "00 ~ =' co en >,c =- Q) c a. Q) E t:: 0 a U (/)CU ,- C o 0 .c :;::; ~:o 1-"0 Q) co () L ~ ::I o 0 Q).c c L .- Q) c a. coLD um co . a 0/:/7 .!!2 Q) co > (/) '03 .- u o Q) ..c 1- ~= ........ co c.c rn (/) Q) - ~c Q) Q) (/) E 1-t o co - 0.. m Q) "~ 0 C3 Q) Q) U 0:;== "0 0 ..c.. L C ~ .~ 8:::2 o 1- - Q) e~ -- Q) ~:5 >.~ C.c co "'0 - Q) Q) (f) ~=' ~ (l) >. .~ 1:: C =' co o u .c Q) 0) .~ c- .- 0 o a. 0)-0 ~ Q) o C \+- .- Q) ~ .c-- ...... co o L -- 0 c\+- o 0) :::; C :0 .C "0 ro co u c"'O - C 1c ro CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected ClerIc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 17t!:::.- day of t)cf,;.6.e-v ,2000, the following action has been taken and authorized. A RESOLUTION ESTABLISHING A POLICE OFFICER COMPENSATION SCHEDULE, DETERMINING CRITERIA FOR MOVEMENT WITHIN THE SCHEDULE, AND PROVIDING FOR PLACEMENT ON THE SALARY SCHEDULE OF NEW SWORN OFFICERS WITH PRIOR EXPERIENCE. WHEREAS, the City Council of the City of Meridian has determined that a new Compensation Program And Schedule For Sworn Police Officers, excluding the Chief of Police, is in the best interests of the City and its citizens; and WHEREAS, after reviewing compensation programs for sworn police officers from other jurisdictions, and considering the needs of the City and its sworn officers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: The Meridian City Council hereby adopts the Salary Schedule which is attached to this Resolution for all sworn police officers, excluding the Chief of Police, which schedule will be effective, and is retroactive to, October I, 2000. SECTION 2: Movement on the Salary Schedule shall be determined by reference to the police officer's original date of employment. At the designated anniversary date of employment (e.g. 6 mos, 1 yr, 2 yrs, etc.), if the police officer has received, at his or her Performance Evaluation immediately preceding the anniversary date, an evaluation equal to, or exceeding "acceptable", then, in said event, said officer shall move to the next level of compensation on the schedule. If a police officer does not receive an evaluation of "acceptable" or better, said officer shall remain on the same compensation step regardless of continuous time in service, unless and until that officer receives an evaluation of "acceptable" or better, when that officer will move to the next step, regardless of the number of years of continuous service. SECTION 3: Newly hired sworn certified police officers meeting certain criteria, may be placed on the Salary Schedule at a point other than the entry point, if said officer has been employed as a sworn certified police officer for at least two years of continuous service in a paid, full time position in a police department. For any new hires satisfying the above listed criteria, said officers may receive up to one year of credit for each year of qualified previous service. A maximum of four (4) years of prior service credit may be allowed. Those applicants with more than four (4) years prior service shall be eligible to receive a maximum of no more than four (4) years of service. SECTION 4: Any portions of the Compensation Schedule for Sworn Police Officers or parts thereof, that are in conflict herewith are hereby repealed, rescinded and annulled. \ \_\ \' ".u If I U}, I, ;\\, \ Jl"'Id: UI:" roo,.... ;,}) ,,~'i -1 V' · "'H...fl..i 1"""1. II) ~ " ~ '""\ ~ l .J'/, ",-V a ~pol1.4 ~ i"j" ~~ _I F r~o \_. · ~~A~ ~ :; SEAL E William G. Berg, JI. f? - STATE OF IQ ~G' ) ~ .0 ! ~ "o~J:3r 1~.. ~ $' '.... .cl. ~~ " // 'e ~ " County of Ada, """I.)}/ OUN1jl · \\\\\\\' IJtlif-n~ t~\H\' ~~ thiS~";" day of boh>bw ,2000, before me,_ ~lt~~ . ~ ttYYi ~ , a Notary Public, appeared William G. 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M~~ NNN 09- Y7 l;;I7 N<OO O-VO) MMM NNN f.It 09- Y7 CONCO ~~l'; ...-NN NNN 09- 09- 09- ('I')f'-...- I'- ...- co o~~ NNN {fi- Y7 Y7 Q)('I')f'- Lq~~ 0'>00 ...-NN (;17 (;fl- 09- Q) ...... .~ "C "c Q) Q) 0 o E c: ._ 1r.. co f/) Q) > cu......"'O aJ.5~ ..... c: ctJ c: Q) ..... ::::s Q) :::i -V CON ooNf'- ~cOcO NNN Ei7 b9- (;17 ...-L.()O) ...-L!)O) ~r'~ NNN (;17 fF:t U7 Q) Ct) f".- C"")CON cricO~ NNN b9- Ei7 fF:t f'-...-L.{) co...-L.() LOcOcO NNN fA- fA- (fi I.{)Q)C"") O'>MCO ...tLOLO NNN EA- fA- EA- Mf'-...- N<O...- ~-q:LO NNN ~ 09- EA- C"")f'-...- o v 0) MMM NNN b9- EA- EA- NCOO CONI'- ~NN NNN E:A- (fi Q9- N<OO ~~Lq o ...- ...- NNN E:A- (fi fA- C1,) ..... .~ "c "0 Q) C1,) 0 o E c: ,_ s.... co f/) C1,) > ca....."o aJ.5~ c: '(0 ..... Co co U ~ ro 0- Q.) en ro .n en 1- Q) U !:E o "'0 .co en 4- .. 0 ~L e co .- 0- ~ en ........ ro O)e e 0 . Ci5 +:; ::J ro en >.e P Q) e n. ~ E L- 0 a U en co .- c o 0 .c+:; ~u lr.-"'O Q.) ro U L... !:E ::J o 0 Q).c e L... "- Q) C 0- COL!) Um co " o o fA- !!l. Q) ro > .~ "a; o U .c ~ :== ...... co c..c co en Q.) ... O)C '- Q) ~ E lr.-L o ro .. n. Q) Q) .~ 0 t5 Q) Q) U Q)~ "'0 0 a... s....:-c ~ "~ ~:2 o '- - Q) e:?E ........ Q) ~:5 >.>. Cn 00"'0 a)~ g>::J ~ Q) >. .~ ""C C ::J co o U .c Q.) 0) .~ c- .- 0 o a. 0)"'0 ~ Q.) o C '+- -- Q) ~ .c...... ........ co o L ........ 0 C'+- o 0) :;::; c U .C "'0 co CO () c"'O - C of( co BEFORE THE MERIDIAN CITY COUNCIL C/C I 0-1 7 -00 IN THE MATTER OF THE ) APPLICATION OF BRIGHTON ) CORPORATION, FOR ) APPROVAL OF FINAL PLAT FOR ) ASHFORD GREENS NO.5) SUBDIVISION LOCATED ) NORTH OF CHERRY LANE AND ) SOUTH OF OVERLAND ROAD, ) MERIDIAN, IDAHO ) ) ) CASE NO. FP.OO-020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT . This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on October 17, 2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions from Shari Stiles, Planning and Zoning Administrator, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public W orles Director, commented at the hearing, and David Turnbull testified on behalf of the Applicant, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The revised Final Plat of "ASHFORD GREENS NO.5" as evidenced in ORDER OF CONDITIONAL APPROVAL OF -- PAGE I OF 3 FINAL PLAT FOR ASHFORD GREENS NO.5 SUBDIVISION BY: BRIGHTON CORPORATION (FP-OO-020) Plat bearing the File name: "ASHFORD GREENS NO.5 SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 3, T. 3N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, HUBBLE ENGINEERING, INC., BOISE, IDAHO, DATE: 9-4-00, 00-096, !(:\ASHFORD GREENS\DRA WINGS\ASHFORDS\ASHFORDSPLAT.DWG 9-1-00 3:45 PM MST, DEVELOPER: THE BRIGHTON CORPORATION, BOISE, IDAHO, HUBBLE ENGINEERING, INC., Consulting Engineers, THE BRIGHTON CORPORATION, Developer", is Conditionally Approved subject to those conditions of Staff commen~ from Shari Stiles, Planning and Zoning Administrator, dated October 12, 2000, listing comments, and Applicant's response in their letter dated October 16, 2000, true and correct copies of which are attached hereto marleed Exhibit "A", and consisting of six pages, and by this reference incorporated herein, and pursuant to City Council's action at their October 17, 2000meeting, and with the additional requirements as follows, to-wit: 1.~ 1 The fencing on the perimeter boundary to the north, next to the golf course, shall not be required. (Staff comment number 4.) 1.2 Meridian Fire Chief, ICenny Bowers, requires that the streets and street name signs shall be constructed and installed before building is started. 1.3 Police Chief, Bill Gordon, noted this project would add more traffic. ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 3 FINAL PLAT FOR ASHFORD GREENS NO.5 SUBDIVISION BY: BRIGHTON CORPORATION (FP-OO-020) 1.4 N ampa & Meridian Irrigation District reserves all comment until a Land Use Change Application has been flied. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the /7~ay of () C/tJ ~ , 2000. / ERT D. CORRIE Mayor, City of Meridian msg\Z:\Work\M\rvIeridian 15360M\Ashford Grns 5 020FP\Order FP Copy served upon Applicant, the Planning and Zoning Depart~e~~ and the Public W orlcs Department. . . . . .\\\\\HHlntUI11, \\\' OF M1:~ 'I, ft."\....1 · ....&...1''(' ~ I ~/ ^"'\;.',.~' . . b, /.1'/ ~'" V ~o\WO~ A ~--1~ ~ /0-1 -o{)! ~r .~% '\ a1:.1AL ~ ..... O.i.;J ..:: ~ ~ 0 ~ ~ "J\.~ O)() 2 ~ ~'6 ~lflr ~,. ~ 0 ~~ ~ ~1.! 18 \ -; > .~,~' .~ f\.-. ~~ <;' .".;'1' \ -U(j/\ff'Y ~ \,~ ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 3 ""IIJllnn:';~il\i\'\\\\\\~' FINAL PLAT FOR ASHFORD GREENS NO.5 SUBDIVISION BY: BRIGHTON CORPORATION (FP-00-020) ByJ!~~~? .~ted: City Cleric \l.\ \~OR Roh~ D. Corri~ HL:B OF TRE.:J.SLRE r:.J.LLEY A Good Place to Live ~(c YVL t7y lO-r7-0b lie1/\l\ NO. l CITY COlTNCIL ~vlE~vlBERS Ron :\nderson I(eith Bird TarnnlY deVv'eerd Cheri~ ~(cCandl~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 8884433 . F.~,,{ (208) 887-4813 City Clerk. Office Fax (208) 888-4218 DEPA.RT~.fE~T (208) 88-+-5533 . F ~'X 888-6854 MEMORANDUM: October 12, 2000 To: Mayor & City Council Bruce FreckletoIl, Assistant to City Enginee~ Shari Stiles, Planning & Zoning Administrator ~ From: Re: Request for a Final Plat Approval of Ashford Greens No. 5 Subdivision - 29 Single- Family Lots on 9.27 Acres in an R-4 Zone by Brighton Corporation (File # FP-OO-020) 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: LOCATION & SURROUNDING US~~ The subject property is located wesl! f Black Cat Road, approxnnately one-quarter mile north of Cherry Lane. The parcel is currently zoned R-4. The Safford Lateral borders the property on the south. Golf View Estates is south of the Safford LateraL Unplatted property zoned R-4 is east of this development, and City of Meridian property utilized for the Golf Course is north of this property. The property is located in an area designated as single-family residential in the Comprehensive Plan. APPLICATION SUMMARY The application is for 29 single-family building lots on 9.27 acres in an R-4 zone, at a gross density of 3.45 units per acre. The applicant applied for a variance from the requirement to tile the Safford and Eight Mile Laterals in 1995. The variance application was tabled indefinitely because staffwas in the process of rewriting the ordinance regarding piping of ditches to allow ditches to be left open if they were developed in a manner that would create an amenity. Also of concern, with respect to the Eight Mile LateraL was how culverts, etc., would be dealt with in relation to the golf course. Although the ordinance changes were submitted to the Planning and Zoning Commission, the Commission never acted on the ordinance change, citing the need for ''further study." A variance was granted to the developers of Golf View Subdivision for piping of the Safford Lateral. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary pIat. 2. The common areas within the development will be subject to City of Meridian water assessments for the domestic backup. Payment of water assessment fees is required prior to signature on the :final plat map. FP-OO-020 AshfordGreens5. fp EJth//J"f ~"" I ( Mayor and Council October 12, 2000 Page 2 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. Landscaping shall be installed prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Applicant shall be responsible to construct pennanent perimeter fencing, except where the City has expressly agreed, in writing, that such fencing is not necessary. A fence delineating the property boundary (post and rail, wrought iron, etc.) needs to be installed on the northerly boundary which complements the open space of the golf course. Fencing is to be in place prior to applying for building permits. 5. Revise and/or modifY the following notes: 2) ...have a ten (10) twelve (12) foot wide permanent public utilities, street light, drainage, sidewalk and irrigation easement. 3) ....and drainage easement unless othervvise shown. 4) Delete this note. The sidewalk, although separated, must be a public pedestrian walkway, not an exclusive walkway for homeowners within the subdivision. 5) Add lot and block number for common lot createdfor Safford Lateral. 7) ...above the highest knO\'fIl established normal groundwater elevation. 11 ) · . .1400 square feet of living space, exclusive of garages. 12) This note indicates that the 20-foot-wide planting strip required adjacent to Black Cat Road is unencroachable by trees. If these lots are utilized for storm sewer mains which prevent planting of trees, how will this area be used as a buffer for the lots along Black Cat Road? This location for the storm sewer is unacceptable if trees are not allowed within it. Applicant needs to relocate the piping and easement to interior lots, or provide additional buffer area along Black Cat Road Detailed landscape plans, including profiles of any depressed areas, need to be submitted for review and approval prior to signature on the final plat. 6. Provide a ten-foot-wide easement for public utilities, drainage, and irrigation along the southern boundary of all building lots south of W. Dawson Drive, north of the common lot to be created for the Safford Lateral. 7. Detailed landscaping plans for all common areas, including species, size, quantities, and locations must be submitted for approval to the Planning & Zoning Department prior to City Engineer signing Final Plat. 8. Provide detailed fencing and landscaping plans for review and approval prior to signature on the final plat. Perimeter fencing shall be installed prior to applying for building permits. Landscaping shall be complete prior to obtaining certificates of occupancy. 9 · Sanitary sewer and water service to this site will be via extensions of the eXIStmg mains installed in adjacent phases of this development. Applicant will be responsible to construct FP-OO-020 AshfordGreensS. fp g-u/b/t '11" d- Mayor and Council October 12, 2000 Page 3 lateral sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department 10. Applicant's engineer will be required to submit a signecL stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This certification will be required prior to approval of the development plans. 11. Provide a copy of the executed encroachment agreement (if any) with Nampa-Meridian Irrigation District, indicating how the land underlying the Safford Lateral easement may be usecL prior to signature on the final plat. The non-encroachable area of the Safford Lateral easement will need to be removed from the building lots and contained within a common lot to be owned and maintained by the Ashford Greens Homeowners Association. The rear lot line may be set at the edge of the encroacbable area if an agreement has been executed. 12. Assuming the variance is granted for tiling, permanent fencing shall be constructed on the northerly easement line of the Safford Lateral unless an encroachment agreement is entered into with Nampa-Meridian Irrigation District. 13. Provide the dimension call that is missing from the southern border of Lot 1, Block 29. 14. If grantecL the variance for tiling should only be for the Safford Lateral at this time. The Eight Mile Lateral will need to be dealt with at a later time when development adjacent to the Eight Mile Lateral is proposed. Brighton Corporation does not have an interest in property adjacent to the Eight Mile Lateral at this time, as the option was picked up by Steiner Corporation. 15.. Staff's fuilure to cite specific ordinance provisions or terms of the approved prelirnin;:Jry plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Fp.QO..Q20 AshfordGreens5. fp Gk/I//J/T "" S Mayor and Council October 12, 2000 Page 4 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to confbrm. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 7. If possible, respond in writing to this memorandum by noon on October 17, 2000. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approvaL FP..QO-020 AshfordGreens5 .fp F;eA/IJ/1 'i4!".~ / {71 r3 /O-/7-t!1J :Jle- Ji ! I October 16, 2000 ',I "",B,righton' , , Corporatio~" D~i""'Flv~n,' , ! .: - \..J ~ i. - ,1.- 1 J . . .,' - 1---:-: ~~ :-, 4; n.'" f. ',.1'-') J j. i.u~u . C it ~..r iJ [ Irleridi3D. .City, Clerk .Ofiice . · ,'; ,Mayor: &,City ~oupc~ ' " ',City of M,eridian '," .' ' ,33 East Idaho " Meridian, In' 83'642 , . . r ~ . r RE: , 4,shford ,Greens No. '5 Subdivision , Final Plat o (FP-OO-020) .' , " .' Dear ~ayqr and City Council: '0, ' '" " , . .. .' , ,,'.", '. " . , . ' ' \Ve have re~ew~d the.commentS,'and required conditibnsby <;ity,ofMeri~an Staffre~ding the A,shford Greens.No. ~ Subdivision Final Plat. Please accept our comments 'and sl.J.ggested, modifications to a few. of those, conditions, as follows: ' ' '" . '. . ,.., ...., . " .. ',:Site Speti~c No~. 2: . Water asses~ents -fortile domeStic baCkup'. . ,Commen.t... If-appro~~d'~ proJ?osed" ~e :.mil comply w~th:tliis. requirem~ri~. '.How~ver, the ' ass~sineJ:!.t is a,dupli.cative 'expense that will seldo~ if ever be ~ed and, that so~~ly benefits the City. ofMeridlan. By reqUirmg fue assessment, the' City, ' discourages th~ .use of ~ secondary. irrigation sy~tez;ri and.this polity should be .reconsidered. , - . , , \ , ' , " Site Specific No. 4: Perimeter'F~cing',on the noltherlY:l:iow+d3ry-. I ComJ11:en!: ReQu.est.... , , r .' 'Wheii the Ashford Greens Preilmiri.ary P.lat was appioved, there was no requirement for permanent iJeriineter fencing adjacent ~ the golf course' and Phases 1-:4 have been constructed without such a reqpi:(ement: The reasOn for . . r requiting f~ciiig. on tb.~ ,northerly bo~dary of Ashford Gree~ No: 5 Fi~ . Plat is ~ot clear. 'There are no other golf cOurS~.communjties in the valley to . . oW- kno:Wle4ge ,that require: fencirig between private )rar(!S' ~ the golf qourse. ' . " , " , , ' '. . . : , . . .,',., . ' . ~. ~ , 1 " Site ~pecifjc No.'S,.Note 5: "S~ord Latei-al common lot." ". . ' ,. , , , :q~!ete 'this. ~ujrement from ~e'.co~tions .of approval.' . , CommeJ1t... . . . f, ,_ " , _" " , ' ,We are wiUing to consider the creation ,of a 'common lot for the Safford I ' . .Lateral~ . We wouJd:J.ik to: work out and executl? an.' eIlFToachmertt ~greein~nt With th~ Nampa-Meridi~ Jnlgati?h District.' In addition.'as the' b~e:ficiaiy'of. , , .. -'-.. '" , , o , . 12426 W ExPlorer' Dri~e, Suite' 220' ,. ',Boise, Idaho 83713 .. TEL ~08-378-4000 ',~. FAX 208-377-8~'62 , :' , . . .' '.... t~/IJ;f "If II ~ '" OCT 17 '00 08:59 ~~ 208 377 8962 PAGE. 02 T~' , , A~p..rord Greens No; '5 (1 , ", ~ " .Oct~b~:1'6;.2000: ~ : , . ~. ,. P~ge '2 : . } .p~t,.q:p-'O~~~iO) .. ..... .. .. ...... t ... ~~ . .: '.. . " /' ..' ..' , . . "i'- ~.. "" .. . '. , , i.. " . '.. '. . ':-'. '. '. :. . . . . . ". ..' .'. ..-. " . . ..' . .. .... . tHe easement, . the N.2lJ;lpa-MeridiaIi. Irrigat:ion District is .and' Slio~d '~e ". " .responsible for'Ina:int~an9.e' of said. lot - not the AsbIoid Greens O~ers- . AssO~iation. ..... ..,".... '.... ; . ..... '.: .... .... . . : . .' . . , . , ..~ . '" ... j , ' , .:-- . , . , '." ~ r ' .. ~ . .' : '. : '. ''- '. ....., . ~ . .' '... : . .'. . : . '.- .:. Site _~;peclfic.No.. S~.Note 12: Storm Sewer locati~n..: .' ,I , .. to . '. t .. ~ . t .. .... .:: C~~ment."; : n~ ~~o~l'sew~rpiP'~ ~ll ~e,;eio6~t~d~~'~e:'i'~~'I~~~~pe,~6~on'lot t~ . . . . · ... the'.west Witliiil the street right~of-way,. The plat.note. win oe mo'dified to . . : . . reflec~ tbls. ~hange,. . .' . ". .... · . '. .. ;,,' '. .' . .' . . ". ' .' , .'. · r . . ..... .' . · .' . '. . . '. : .: . ... . . '. .. · . : ..site Spe'~c No,'lf:':li!lcIoachmentAgreenient.wit4 Na:mpa-MeIjdi~.Iiiigat;iQnblstrici, .:. . '.. . . ..' .., '. ' . '.' ..... ... . ." '. . . '. ..., . .' . ,-:. .' .. ',. . .' .... .... '. .... .'.:: . :..'C;~~~t.:. ". ..1'~re~o~sJ~ '~~ted: i,\iec~e wilJ~g:.to 'Vro~~:wifu ~~ Nain~~~M~ridi~. '. '. ,.., . . - .' .... . " '. . Inigation.Distnct and execute an: encr6ac~ent' a~e€~eD.t. 'We be~~e . that .. _' " " it i$:the resp6J?Si~ility'ofthe Nampa-~eri~an Irrigati(~n:District to ~ta:in . " . the new lot. . : :.. ......::..: . .' ..,". .' .: ~ . .' . . ..' , .. "7 . - ~ j .'. '., . '. " '. . . . . :....., R~qu~s;: . 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OCT 17 '00 08:59 208 377 8962 PAGE. 03 , rn October 13, 2000 Department Report MERIDIAN CITY COUNCIL MEETING APPLICANT City Treasurer - Janice Smith REQUEST Treasurer's Report October 1 7, 2000 ITEM NO. 13-A-l 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 DEPARTMENT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~,OA C[jtJ~~TY RECO~~OER J. [L~\~!: r; ~J .~\ './ ;'~,J~ I ~ 0 ::; . ~ : .~< ;~. ~,~ '. :\ . ~ l 2 C n 1 FE 2 2 P :1 l: 3 4 LEASE With Option to Renew _ RECORDEO-REQUEST OF ' MERIDiAN L "'~""'''''\' F - r- 1 ~~.. 1-" lJ' I tc... .....1:...1 I (("'f11 0 1 0 I ~ 2 6 I ( THISAGREEMENTismadeandenteredintothis /?-f! dayof Oc-/-o6er, 2000, by and between THE CITY OF MERIDIAN, 33 E. Idaho, Meridian, ID 83642, hereinafter referred to as the "Lessor," and GENERATIONS BUILDING, LLC, an Idaho Limited Liability Company, 910 Main Street, Suite 240, Boise, ID 83702, hereinafter referred to as the "Lessee." WIT N E SSE T H: WHEREAS, Lessor owns a parcel of unimproved real property immediately adjacent to real property where Lessee is constructing a brand new building which will house a restaurant on the ground floor; and WHEREAS, Lessor, as one of its goals, has determined that revitalization of downtown Meridian is in the best interests of its citizens; and WHEREAS, in furtherance of Lessor's goal of revitalizing the older portion of Meridian, it is necessary to draw people and interest to the downtown corridor; and WHEREAS, Lessee will construct and maintain a patio and landscaping which will match and correspond well with the Lessor's improvements to its Generations Plaza; and WHEREAS, it is in the best interests of Lessor and its citizens that this Lease be entered into. NOW, THEREFORE, based upon the mutual covenants contained herein, the parties agree as follows: That the said Lessor, for and in consideration of the rents, covenants and agreements hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and LEASE With Option to Renew - 1 .....,. 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 unimproved real property and premises described as follows, to wit: An area 18 feet wide by 62.5 feet long located in the Southeast corner of Lot s, Block 5, of the Amended Plat of the Townsite of Meridian, Ada County, Idaho. TO HAVE AND TO HOLD said premises, together with the appurtenances, privileges, rights and easements thereto belonging, unto the said Lessee for the term of five years, ten months, said term to commence on December 1,2000, and terminate on September 30, 2006, for the rental and upon the terms and conditions as follows: 1. RENTAL: Lessee covenants and agrees to pay annual rent for the premises as follows: $1822.50 on December 1, 2000; $2106 on October 1,2001; $2190 on October 1, 2002; $2278 on October 1, 2003; $2369 on October 1, 2004; and $2464 on October 1, 2005. 2. OPTION TO RENEW AND CONSIDERATION: Provided that this Lease shall be in full force and effect and that the Lessee shall not be in default hereunder, the Lessor hereby grants to Lessee an exclusive option to renew this Lease for an additional five (5) year term certain commencing October 1, 2006, and extending through September 30, 2011, upon the same terms and conditions contained in this Lease, save and excepting rent. The rental for the renewal period shall be negotiated by Lessor and Lessee; provided, however, that in the absence of agreement, the annual rent for the renewal period will be set by three (3) arbitrators, one chosen by Lessor, one chosen by Lessee, and those two choosing a third. The parties agree LEASE With Option to Renew - 2 that the annual rental set by a majority of these three (3) arbitrators \viII be binding on Lessor and Lessee, ,viII constitute the annual rental for the renewal period, and will be payable by Lessee to Lessor on October 1 of each year commencing October 1, 2006. Should Lessee desire to exercise this option to renew this Lease Agreement, Lessee shall (1) notify Lessor in writing no later than midnight August 15, 2006, of its intention to exercise the option to renew and (2) pay Lessor the sum of $100.00 as the consideration for the option to renew no later than midnight August 15, 2006. In the event of Lessee's failure to notify Lessor in the time and in the manner specified and pay the consideration for the option, this option shall be null and void. In the event that Lessee does not exercise the option as herein provided, then Lessor shall have the right to place signs upon said leased premises indicating the same are available for lease or sale and Lessor shall have the right during the remaining period of the Lease Agreement to show the leased premises to prospective lessees or purchasers. s. USE OF PREMISES: Lessee covenants and agrees that the leased premises shall be used solely for the construction of a patio immediately adjacent to real property where Lessee is constructing a building which will house a restaurant on the ground floor, entrance area, and associated landscaping for use in connection with the building that is to be built immediately east of the leased premises. The patio and entrance area, once constructed, shall be used ancillary to the restaurant which will be housed in the adjacent building and for the furnishing of space for restaurant patrons to consume food and beverage. No amplified live music shall be allowed on the premises. Amplified background music, which is the same as any background music which may be supplied inside the restaurant building will be allowed, provided, however, that such background music must be low in volume and must not interfere with any uses of the adjacent city park. LEASE With Option to Renew - S ..., Lessee further agrees to restrict patron usage of the patio area to the hours of 10:00 a.ill. through 12:00 midnight. No signage will be allowed on the patio. Further, no alcohol or tobacco advertising, including "brand" items on the patio will be allowed. 4. MAINTENANCE: Lessee agrees to maintain the demised property 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. In exchange for use of the parking lot by the public, the Lessee agrees to maintain the parking lot and keep it in as good a condition as it now is, reasonable wear and tear excepted during the remainder of the term of this lease. Lessee shall be responsible for annual maintenance and repair, including striping and sealing during each year of this lease. 5. ALTERATIONS AND IMPROVEMENTS: Lessee shall be entitled to construct on the leased premises a patio and landscaping approved by the Lessor as contained in the drawing dated August 14, 2000, from The Land Group, Inc., which is attached to this Lease as Exhibit tt I" and, by this reference, incorporated herein. Lessee shall be required to erect a non- combustible, non-site-obscuring fence around the patio area. Any gates in the fence must be approved in advance by the Director of Parks and Recreation for Lessor. Lessee shall reimburse Lessor for any costs incurred by Lessor for installing landscaping on the Lessee's premises, and such landscaping shall include the following: 1. Excavation; b. Top soil; c. Concrete edging; 5. Irrigation system; 6. Planting material; and 7. Planter bed preparation and mulch. Lessee agrees that upon the termination of this Lease, such improvements designated for removal by Lessor shall be removed by Lessee at Lessee's own cost, provided, LEASE With Option to Renew - 4 .... ~.~ - --. however, that any damage which might be occasioned by the removal thereof will be repaired at Lessee's expense~ All other improvements as shall have been added or made by Lessee which Lessor does not designate for removal shall revert to Lessor and become a part of the leased p rermses. 6. WATER: Lessor agrees to supply the water for the irrigation of the landscaping on the leased premises. 7. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances and to do all things necessary to stay in compliance with the same. 8. ASSIGNMENT OR SUBLEASING: Lessee shall be allowed to sublet the leased premises to Smoky Mountain Pizza & Pasta, Meridian, LLC, but such assignment or sublease shall not relieve Lessee of its primary liability under this Lease, and no other assignment or sublease shall be allowed without the Lessor's consent, which consent shall be discretionary as to the Lessor. In the event Smoky Mountain Pizza & Pasta, Meridian, LLC vacates the premises during the term of this Lease or any extension hereof: and Lessee does not replace its tenant or in the event Lessor does not consent to a replacement tenant, then this Lease shall terminate and all rents theretofore paid by Lessee shall be retained by Lessor and Lessee shall not be entitled to any refund for prepaid rent. 9. NONDISCRIMINATION: Lessee will not, on the grounds of race, color, religion, sex, age, or national origin, discriminate or permit discrimination as to any person or group of persons in any manner~ Non-compliance with this provision shall constitute a breach of this Lease, and in such event, Lessor may take the appropriate 'action to enforce compliance, terminate this Lease, or seek judicial enforcement. LEASE With Option to Renew - 5 - --:-. ( 10. AUTOMATIC CANCELLATION: It is understood and agreed that voluntary or involuntary filing of bankruptcy, or assignment for the benefit of creditors, or any other act of insolvency by or on behalf of the Lessee shall automatically cancel this Lease, and Lessor shall be entitled to immediate possession of the leased premises. 11. DAMAGE OR DESTRUCTION: If the leased.premises shall be damaged by fire, the elements, explosions or other causes, Lessee will, at Lessee's own proper cost and expense, cause the same to be repaired and restored to the same condition as before such damage was done, subject to delays due to adjustment of insurance claims, strikes and other causes beyond Lessee's control Of, in the alternative, Lessor shall cause such repair to be made and Lessee shall reimburse Lessor therefor from insurance proceeds received by Lessee. If the demised premises shall be so damaged as to be unfit in whole or in part for occupancy or use in the manner and form as theretofore used, Lessee shall cause the same to be promptly restored, repaired and rebuilt to the extent of Lessee's obligations for maintenance under the terms of this Lease. 12. FIRE HAZARDS: The Lessee shall not do anything in the premises or bring or keep anything therein which will increase the risk offire, or which will conflict with the regulations of the fITe department or any fire laws, or with any fire insurance policies on the buildings, or with any rules or ordinances established by the board of health, or with any municipal, state or federal laws, ordinances or regulations. IS. LABOR CONTRACTS AND El\1PLOYEES: The parties hereto expressly covenant and agree that all labor contracts and employment agreements with employees shall be made directly with Lessee and that all such employees shall be deemed solely the employees of Lessee and in no way employees of Lessor. Lessee covenants and agrees to indemnify and hold LEASE With Option to Renew - 6 harmless Lessor of and from any liability for any acts of employees of Lessee or any acts of persons working for Lessee under a labor contract. 14. RIGHT OF INSPECTION: Lessor shall have the right to enter the demised 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. 15. WASTE PROHffiITED: Lessee shall not commit any waste or damage to the premises hereby leased nor permit any waste or damage to be done thereto. On a daily basis, Lessee will insure that the leased premises is kept clean and free of debris and litter. Lessee will allow the Lessor to dispose of six (6) bags of litter per week, in Lessee's dumpster, in exchange for access across Lessor's property for solid waste disposal service. Lessee will be responsible to keep the dumpster area clean and in an orderly fashion. 16. LIABILITY: Lessor shall not be liable for any injlITyor damage which may be sustained by any person or property of the Lessee or any other person or persons resulting from 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. 17. LIABILITY INSURANCE: Lessee shall mailltain a comprehensive liability insurance policy covering the above-demised premises during the term of this Lease with a responsible insurance company, all at the sole cost and expense of Lessee, in the names and for the benefit of Lessee and Lessor in the sum of $1,000,000.00 single-limit coverage. Lessee shall furnish Lessor with a certificate of such liability insurance stating that said insurance is in full force and effect during the term of this Lease or any extension thereat LEASE With Option to Renew - 7 ..--... 18. FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall be obligated to maintain fire and extended coverage on the leased premises for the full insurable value thereof and Lessee shall name Lessor as an additional insured thereon. Lessee shall furnish Lessor with a certificate of such insurance coverage at least annually. Lessee may maintain fire and extended coverage on the contents and personal property of Lessee located on or within the leased premises as Lessee desires, but Lessor shall be under no obligation to maintain any fire or extended coverage insurance on those contents or personal property of Lessee. 19. CONDEMNATION: If the entire premises, or a substantial part thereof: are condemned or taken by purchase in lieu thereot: then this Lease shall terminate as of the time possession is taken. Any condemnation award shall be divided between the parties hereto in accordance with and in proportion to their respective Lessor and Lessee interests. 20. SURRENDER OF POSSESSION: Lessee agrees to surrender possession of said leased premises to Lessor at the expiration of this Agreement, or any ex tension thereof: in the same condition as when the same were entered into by Lessee, wear and tear, reasonable use and occupancy and damage by the elements excepted. 21. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and everyone of the conditions of this Agreement is expressly made the essence of this Agreement. If Lessee fails to make any payment, or fails to perform any other obligation imposed by this Lease Agreement, this shall constitute a default hereunder, and if Lessee shall fail to cure that default within thirty (so) days after Lessor has served notice upon Lessee of said default indicating the manner in which Lessee is in default, Lessor, immediately, and without further notice or demand upon Lessee, shall have any or all of the following rights and options: LEASE With Option to Renew - 8 'l'-. -.r:tl (a) To specifically enforce this Lease Agreement by suit in equity; (b) to declare this Lease Agreement null and void, forfeited and terminated, as of the date of the breach, and to retain, as liquidated damages and reasonable rental, all payments theretofore made and all improvements placed upon the premises, and to enter and repossess said premIses; (c) to mitigate Lessor's damages occasioned by Lessee's default by retaking possession of the leased property and reletting same, or any portion thereof: to other lessees, and, upon that occurrence, Lessee shall receive a credit against the rental due by Lessee under this Lease Agreement in the amount of rental received by Lessor from reletting the leased property, or any portion thereot: to other lessees. Lessee shall, however, remain obligated to Lessor, pursuant to the terms of this Lease Agreement, for the difference between the rental received. by Lessor from reletting the leased property, or any portion thereof: to other lessees and the amount of rent due actually due pursuant to the terms of this Lease Agreement by Lessee. If Lessee shall fail to surrender possession of the demised leased property to Lessor, upon demand by Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of said leased property. If Lessee shall abandon or vacate said leased property, or if this Lease Agreement be terminated for breach of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of said leased property from Lessee, including reasonable legal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the leased property in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re-Ieasing the leased property. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee LEASE With Option to Renew - 9 - -..... .. --.... ( shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorneys fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. The foregoing rights and remedies are not intended to be exclusive, and all parties shall have any and all other remedies permitted in law or equity. The rights and remedies of the parties are not intended to be mutually exclusive except to such extent that they are inherently and necessarily contradictory, and it is intended that all permissible remedies and rights may be exercised concurrently or successively, or both. 22. HAZARDOUS SUBSTANCES: Lessee represents and warrants that the premises will never be used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous substances as those terms are defmed by applicable Federal or State laws and regulations. Lessee agrees to indemnify and hold harmless Lessor against any and all claims and losses resulting from a breach of this provision of this agreement. This obligation to indemnify shall survive the payment of the indebtedness and the satisfaction of this agreement. 23. TERMINATION: Notwithstanding the foregoing, this Lease shall terminate in the event the improvements to the leased premises as contemplated by this Lease have not been completed by Lessee by June 1, 2001, and in that event, all rents theretofore paid by Lessee shall be retained by Lessor and Lessee shall not be entitled to any refund for prepaid rent. 2~. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereoffor default thereofby either of the parties hereto, the successful party to such action or collection shall be entitled to recover from LEASE With Option to Renew - 10 the losing party a reasonable attorney's fee, together with such other costs as may be authorized by I a \v . In case suit shall be brought for an unlawful detainer of the said premises for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Lessee to be kept or performed, Lessee shall pay to Lessor all costs, expenses and attorney's fees which shall be incurred by Lessor in enforcing the covenants and agreements of this Lease Agreement. 25. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Agreement shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties as their respective addresses as set forth in the beginning of this Lease Agreement,.or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 26. REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Agreement. 27. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 28. RECORDING: The parties hereto agree that they will not record a copy of this Agreement, Lessee's occupancy of said premises being notice of Lessee's interest therein, and LEASE With Option to Renew - 11 - .--.... ., - -...... ''\ the recording of said Lease by Lessee shall, at the option of Lessor, constitute a default in the terms and conditions hereoL 29. SITUS: This Lease is established and accepted by the Lessee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. so. HEADINGS: The balded paragraph headings are for convenience only and are not a part of this Lease agreement and shall not be used in interpreting or construing this Lease agreement. S 1. SEVERABILITY: Ifany portion or portions of this Lease shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid in ten tions of the parties hereto. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the day and year first above written. THE CITY OF MERIDIAN LESSO ATTEST: By: William G. Berg, Jr., Ci RESOLUTION NO. (!'71~L :: a.J .ul.-~ ~;'~ &' ~ ~ \. <)/1 ,c.; 0 ~ ~ ""O_..~',~JSi 15\ "I ~ f-~ ~I:.y' .L'\~ ,f'." ..~ r\,.... ""' " -'~t"i" "'-VUm'l. \,-,'Y' IJ/, . \\\ '1J.I.liU itIU\\; LEASE With Option to Renew - 12 By: . ATTEST: RESOLUTION NO. STATE OF IDAHO, ) : 5S: County of Ada, On this ~1fh- dayof Nove-Moor, 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and the City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. ......... .- ~ rJ to. .. ?-\.......-:.--....9 +.. .~ ~" 0 T4 :b~~ .r~~1 ~' '<[ J. ' · . --" / ~ v'-" \ .. (SEAL) :::x;/ ~ *.f... \N~ :~t ~ ~ :>: ~-ah-D~ . \ : . . , I . · 'A___. , I. ..~~~~~}S:io... ..;.eOFIP~.. ........ STATE OF IDAHO, ) : S8: County of Ada, ..zcl . On this ~,a day of 7..z..-n.l~Jnk._{,~, 2000, before me, a Notary Public, personally appeared aa.~'~ 1"3""-4'),;,+ and , known or identified to me 0 be .the-d ,,f)i;~Hc~ and , respectively, of Generations Building, LLC, vlho executed the instrument or the persons that executed the instrument on behalf of said Generations Building, LLC, and acknowledged to me that such Generations Building, LLC executed the same. ...~..--.... "'" 1). 0 V I!Jt;"'### ~'" e. /A. ~ (SEA-I....~ ..;y. \ ~T~ 01ARt ~ ~ : T ,.~: . .~.. . ". . . . :( " : ~ PU:- ~I LEAS .pI).. ....c. ~ . .,,~ ~ .,. ~ 1'r. ')0 Y .fi With OP~~1il~~~ IS ~' n 1 .' .!' ,n h./ Ll ( k' ),.L{ /Lt,---,- otary Public for Idaho . Commission Expires: II-o:J--o f ~.OA COU:~TY RECORDER . J. ~r~y!:~ . ~.~ en q [(0 ,'_ REeOHDED - RECUES T OF · MERIDIAN ~ . ~ i'C~ - - '"'" ! - \.. FEE~ ...- utl';U' I 1 ".. J 200 t FE 2 2 P :1 : ~ ~ LEASE With Option to Renew (~'fl1 0 I 0 1 ~ 2 6 I THIS AGREEMENT is made and entered into this /?-f! dayof ()cfo6e r, 2000, by and between THE CITY OF MERIDIAN, 33 E. Idaho, Meridian, ID 83642, hereinafter referred to as the "Lessor," and GENERATIONS BUILDING, LLC, an Idaho Limited Liability Company, 910 Main Street, Suite 240, Boise, ID 83702, hereinafter referred to as the "Lessee." WIT N E SSE T H: WHEREAS, Lessor owns.._~._I?~~~,~~1 of unimproved real property immedia~ely adjacent to real property where Lessee is constructing a brand new building which will house a restaurant on the ground floor; and WHEREAS, Lessor, as one of its goals, has determined that revitalization of downtown Meridian is in the best interests of its citizens; and WHEREAS, in furtherance of Lessor's goal of revitalizing the older portion of Meridian, it is necessary to draw people and interest to the downtown corridor; and WHEREAS, Lessee will construct and maintain a patio and landscaping which will match and correspond well with the Lessor's improvements to its Generations Plaza; and WHEREAS, it is in the best interests of Lessor and its citizens that this Lease be entered into. NOW, THEREFORE, based upon the mutual covenants contained herein, the parties agree as follows: That the said Lessor, for and in consideration of the rents, covenants and agreements hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and LEASE With Option to Renew - 1 --r;- , ..- I 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 unimproved real property and premises described as follows, to wit: An area 18 feet wide by 62.5 feet long located in the Southeast corner of Lot s, Block 5, of the Amended Plat of the Townsite of Meridian, Ada COllnty, Idaho. TO HAVE AND TO HOLD said premises, together with the appurtenances, privileges, rights and easements thereto belonging, unto the said Lessee for the term offive years, ten months, said term to commence on December 1,2000, and terminate on September SO, 2006, for the rental and upon the terms and conditions as follows: 1. RENTAL: Lessee covenants and agrees to pay annual rent for the premises as follows: $1822.50 on December 1, 2000; $2106 on October 1,2001; $2190 on October 1, 2002; $2278 on October 1, 2003; $2369 on October 1,2004; and $2464 on October 1, 2005. 2. OPTION TO RENEW AND CONSIDERATION: Provided that this Lease shall be in full force and effect and that the Lessee shall not be in default hereunder, the Lessor hereby grants to Lessee an exclusive option to renew this Lease for an additional five (5) year term certain commencing October 1, 2006, and extending through September so, 2011, upon the same terms and conditions contained in this Lease, save and excepting rent. The rental for the renewal period shall be negotiated by Lessor and Lessee; provided, however, that in the absence of agreement, the annual rent for the renewal period will be set by three (3) arbitrators, one chosen by Lessor, one chosen by Lessee, and those two choosing a third. The parties agree LEASE With Option to Renew - 2 .~ that the annual rental set by a majority of these three (3) arbitrators \vill be binding on Lessor and Lessee, will constitute the annual rental for the renewal period, and will be payable by Lessee to Lessor on October 1 of each year commencing October 1, 2006. Should Lessee desire to exercise this option to renew this Lease Agreement, Lessee shall (1) notify Lessor in writing no later than midnight August 15, 2006, of its intention to exercise the option to renew and (2) pay Lessor the sum of $100.00 as the consideration for the option to renew no later than midnight August 15, 2006. In the event of Lessee's failure to notify Lessor in the time and in the manner specified and pay the consideration for the option, this option shall be null and void. In the event that Lessee does not exercise the option as herein provided, then Lessor shall have the right to place signs upon said leased premises indicating the same are available for lease or sale and Lessor shall have the right during the remaining period of the Lease Agreement to show the leased premises to prospective lessees or purchasers. s. USE OF PREMISES: Lessee covenants and agrees that the leased premises shall be used solely for the construction of a patio immediately adjacent to real property where Lessee is constructing a building which will house a restaurant on the ground floor, entrance area, and associated landscaping for use in connection with the building that is to be built immediately east of the leased premises. The patio and entrance area, once constructed, shall be used ancillary to the restaurant which will be housed in the adjacent building and for the furnishing of space for restaurant patrons to consume food and beverage. No amplified live music shall be allowed on the premises. Amplified background music, which is the same as any background music which may be supplied inside the restaurant building will be allowed, provided, however, that such background music must be low in volume and must not interfere with any uses of the adjacent city park. LEASE With Option to Renew - S r--. \. Lessee further agrees to restrict patron usage of the patio area to the hours of 10:00 a.m. through 12:00 midnight. No signage will be allowed on the patio. Further, no alcohol or tobacco advertising, including "brand" items on the patio will be allowed. 4. MAINTENANCE: Lessee agrees to maintain the demised property 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. In exchange for use of the parking lot by the public, the Lessee agrees to maintain the parking lot and keep it in as good a condition as it now is, reasonable wear and tear excepted during the remainder of the term of this lease. Lessee shall be responsible for annual maintenance and repair, including striping and sealing during each year of this lease. 5. ALTERATIONS AND IMPROVEMENTS: Lessee shall be entitled to construct on the leased premises a patio and landscaping approved by the Lessor as contained in the drawing dated August 14, 2000, from The Land Group, Inc., which is attached to this Lease as Exhibit "I" and, by this reference, incorporated herein. Lessee shall be required to erect a non- combustible, non-site-obscuring fence around the patio area. Any gates in the fence must be approved in advance by the Director of Parks and Recreation for Lessor. Lessee shall reimburse Lessor for any costs incurred by Lessor for installing landscaping on the Lessee's premises, and such landscaping shall include the following: 1. Excavation; b. Top soil; c. Concrete edging; 5. Irrigation system; 6. Planting material; and 7. Planter bed preparation and mulch. Lessee agrees that upon the termination of this Lease, such improvements designated for removal by Lessor shall be removed by Lessee at Lessee's own cost, provided, LEASE With Option to Renew - 4 f"'--< however, that any damage which might be occasioned by the removal thereof will be repaired at Lessee's expense. All other improvements as shall have been added or made by Lessee which Lessor does not designate for removal shall revert to Lessor and become a part of the leased prermses. 6. WATER: Lessor agrees to supply the water for the irrigation of the landscaping on the leased premises. 7. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances and to do all things necessary to stay in compliance with the same. 8. ASSIGNMENT OR SUBLEASING: Lessee shall be allowed to sublet the leased premises to Smoky Mountain Pizza & Pasta, Meridian, LLC, but such assignment or sublease shall not relieve Lessee of its primary liability under this Lease, and no other assignment or sublease shall be allowed without the Lessor's consent, which consent shall be discretionary as to the Lessor. In the event Smoky Mountain Pizza & Pasta, Meridian, LLC vacates the premises during the term of this Lease or any extension hereof: and Lessee does not replace its tenant or in the event Lessor does not consent to a replacement tenant, then this Lease shall terminate and all rents theretofore paid by Lessee shall be retained by Lessor and Lessee shall not be entitled to any refund for prepaid rent. 9. NONDISCRIMINATION: Lessee will not, on the grounds of race, color, religion, sex, age, or national origin, discriminate or permit discrimination as to any person or group ofpersons in any manner. Non-compliance with this provision shall constitute a breach of this Lease, and in such event, Lessor may take the appropriate action to enforce compliance, terminate this Lease, or seek judicial enforcement. LEASE With Option to Renew - 5 .-, 10. AUTOMATIC CANCELLATION: It is understood and agreed that voluntary or involuntary filing of bankruptcy, or assignment for the benefit of creditors, or any other act of insolvency by or on behalf of the Lessee shall automatically cancel this Lease, and Lessor shall be entitled to immediate possession of the leased premises. 11. DAMAGE OR DESTRUCTION: If the leased premises shall be damaged by fire, the elements, explosions or other causes, Lessee will, at Lessee's own proper cost and expense, cause the same to be repaired and restored to the same condition as before such damage was done, subject to delays due to adjustment of insurance claims, strikes and other causes beyond Lessee's control or, in the alternative, Lessor shall cause such repair to be made and Lessee shall reimburse Lessor therefor from insurance proceeds received by Lessee. If the demised premises shall be so damaged as to be unfit in whole or in part for occupancy or use in the manner and form as theretofore used, Lessee shall cause the same to be promptI y restored, repaired and rebuilt to the extent of Lessee's obligations for maintenance under the terms of this Lease. 12. FIRE HAZARDS: The Lessee shall not do anything in the premises or bring or keep anything therein which will increase the risk of fire, or which will conflict with the regulations of the fire department or any fire laws, or with any fire insurance policies on the buildings, or with any rules or ordinances established by the board of health, or with any municipal, state or federal laws, ordinances or regulations. IS. LABOR CONTRACTS AND E:MPLOYEES: The parties hereto expressly covenant and agree that all labor contracts and employment agreements with employees shall be .made directly with Lessee and that all such employees shall be deemed solely the employees of Lessee and in no way employees of Lessor. Lessee covenants and agrees to indemnify and hold LEASE With Option to Renew - 6 y" harmless Lessor of and from any liability for any acts of employees of Lessee or any acts of persons working for Lessee under a labor contract. 14. RIGHT OF INSPECTION: Lessor shall have the right to enter the demised 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. 15. WASTE PROHffiITED: Lessee shall not commit any waste or damage to the premises hereby leased nor permit any waste or damage to be done thereto. On a daily basis, Lessee will insure that the leased premises is kept clean and free of debris and litter. Lessee \viIl allow the Lessor to dispose of six (6) bags of litter per week, in Lessee's dumpster, in exchange for access across Lessor's property for solid waste disposal service. Lessee will be responsible to keep the dumpster area clean and in an orderly fashion. 16. LIABILITY: Lessor shall not be liable for any injury or damage which may be sustained by any person or property of the Lessee or any other person or persons resulting from the condition of said premises or any part thereat: 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. 17. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability insurance policy covering the above-demised premises during the term of this Lease with a responsible insurance company, all at the sole cost and expense of Lessee, in the names and for the benefit of Lessee and Lessor in the sum of $1,000,000.00 single-limit coverage. Lessee shall furnish Lessor with a certificate of such liability insurance stating that said insurance is in full force and effect during the term of this Lease or any extension thereof: LEASE With Option to Renew - 7 l~"'" I /------- ~ 18. FffiE AND EXTENDED COVERAGE INSURANCE: Lessee shall be obligated to maintain fire and extended coverage on the leased premises for the full insurable value thereof and Lessee shall name Lessor as an additional insured thereon. Lessee shall furnish Lessor with a certificate of such insurance coverage at least annually. Lessee may maintain fire and extended coverage on the contents and personal property of Lessee located on or \vithin the leased premises as Lessee desires, but Lessor shall be under no obligation to maintain any fire or extended coverage insurance on those contents or personal property of Lessee. 19. CONDEMNATION: If the entire premises, or a substantial part thereof: are condemned or taken by purchase in lieu thereot: then this Lease shall terminate as of the time possession is taken. Any condemnation award shall be divided between the parties hereto in accordance with and in proportion to their respective Lessor and Lessee interests. 20. SURRENDER OF POSSESSION: Lessee agrees to surrender possession of said leased premises to Lessor at the expiration of this Agreement, or any extension thereot: in the same condition as when the same were entered into by Lessee, wear and tear, reasonable use and occupancy and damage by the elements excepted. 21. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and everyone of the conditions of this Agreement is expressly made the essence of this Agreement. If Lessee fails to make any payment, or fails to perform any other obligation imposed by this Lease Agreement, this shall constitute a default hereunder, and if Lessee shall fail to cure that default within thirty (SO) days after Lessor has served notice upon Lessee of said default indicating the manner in which Lessee is in default, Lessor, immediately, and without further notice or demand upon Lessee, shall have any or all of the following rights and options: LEASE With Option to Renew - 8 ~ -i:-- (a) To specifically enforce this Lease Agreement by suit in equity; (b) to declare this Lease Agreement null and void, forfeited and terminated, as of the date of the breach, and to retain, as liquidated damages and reasonable rental, all payments theretofore made and all improvements placed upon the premises, and to enter and repossess said prermses; (c) to mitigate Lessor's damages occasioned by Lessee's default by retaking possession of the leased property and reletting same, or any portion thereof: to other lessees, and, upon that occurrence, Lessee shall receive a credit against the rental due by Lessee under this Lease Agreement in the amount of rental received by Lessor from reletting the leased property, or any portion thereof: to other lessees. Lessee shall, however, remain obligated to Lessor, pursuant to the terms of this Lease Agreement, for the difference between the rental received by Lessor from reletting the leased property, or any portion thereat: to other lessees and the amount of rent due actually due pursuant to the terms of this Lease Agreement by Lessee. If Lessee shall fail to surrender possession of the demised leased property to Lessor, upon demand by Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of said leased property. If Lessee shall abandon or vacate said leased property, or if this Lease Agreement be terminated for breach of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of said leased property from Lessee, including reasonable legal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the leased property in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re-Ieasing the leased property. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee LEASE With Option to Renew - 9 t'" '_ ,I("'"-T · shall pay, in addition to all arrear ages as existing under the notice of default, the reasonable attorneys fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. The foregoing rights and remedies are not intended to be exclusive, and all parties shall have any and all other remedies permitted in law or equity. The rights and remedies of the parties are not intended to be mutually exclusive except to such extent that they are inherently and necessarily contradictory, and it is intended that all permissible remedies and rights may be exercised concurrently or successively, or both. 22. HAZARDOUS SUBSTANCES: Lessee represents and \varrants thafthe premises will never be used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous substances as those terms are defined by applicable Federal or State laws and regulations. Lessee agrees to indemnify and hold harmless Lessor against any and all claims and losses resulting from a breach of this provision of this agreement. This obligation to indemnify shall survive the payment of the indebtedness and the satisfaction of this agreemen t 23. TERMINATION: Notwithstanding the foregoing, this Lease shall terminate in the event the improvements to the leased premises as contemplated by this Lease have not been completed by Lessee by June 1, 2001, and in that event, all rents theretofore paid by Lessee shall be retained by Lessor and Lessee shall not be entitled to any refund for prepaid rent. 24. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereoffor default thereofby either of the parties hereto, the successful party to such action or collection shall be entitled to recover from LEASE With Option to Renew - 10 , <;7' -. ( \ -1'""- . the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. In case suit shall be brought for an unlawful detainer of the said premises for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Lessee to be kept or performed, Lessee shall pay to Lessor all costs, expenses and attorney's fees which shall be incurred by Lessor in enforcing the covenants and agreements of this Lease Agreement. 25. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Agreement shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties as their respective addresses as set forth in the beginning of this Lease Agreement, or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 26. REPRESENTATIONS: I t is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Agreement. 27. BINDING EFFECT: The provisions and stipulations hereofshall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 28. RECORDING: The parties hereto agree that they will not record a copy of this Agreement, Lessee's occupancy of said premises being notice of Lessee's interest therein, and LEASE With Option to Renew - 11 _ . ._r--- ( the recording of said Lease by Lessee shall, at the option of Lessor, constitute a default in the terms and conditions hereof: 29. SITUS: This Lease is established and accepted by the Lessee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. so. HEADINGS: The balded paragraph headings are for convenience only and are not a part of this Lease agreement and shall not be used in interpreting or construing this Lease agreement. S 1. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the day and year first above written. THE CITY OF MERIDIAN LESSO By: a Robert D. Corrie .~..\ '{l' '''fH r IJ "1 ,\.\,\ .f Mt:: ""'- 1)'1 ~,,'\:...J 0 --rrl~ II~/ ~,-' ~~ ~ ~ I' a _C1POft4 -1~ ~ ~ ~vV'w ~A ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ ~ STI1\L - ~ i'u... &' 2 ~ " <;, "Q) 0 ~ % ..,O_.~.~~; 15\ -, ~ f..f ~~ :.:; .I('\~ ,'''- ""-'J' ~. A ....1 '" ,~ /;) ,~m l.' \'\,\,'i IJIJJ.,..u U it lUVr\.\.\ ATTEST: William G. Berg, Jr., Ci RESOLUTION NO. LEASE With Option to Renew - 12 ---- .,...... By: ATTEST: RESOLUTION NO. STATE OF IDAHO,) County of Ada, : S8: ) On this '21+-h. dayof NoveVY\b0r, 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and the City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. ........., .. --c [J-. .+ ~...~:.--...9 +.. .~~,,~ OT4h'1~ -r,.'71 ~' '0(\ Jo' . "-",' ~ ~ \ . (SEAL) :~/ ~ *' * \N~ :cn~ II(' :>: tIl-ah -D0 . \ : . . \ I . · 'A___ , I. ..~fi~~~}9:io... ..;J:!; OF ID r:.+ ........ STATE OF IDAHO, ) : 88: County of Ada, II'(. c I On this ,;<~ day of /uwF}1.iu...~, 2000, before me, a Notary Public, personally appeared aa.t'~ 13@--f'(;I+ and , known or identified to me 0 be .the-tt .,f)"~H../ and , respectively, of Generations Building, LLC, w'ho executed the instrument or the persons that executed the instrument on behalf of said Generations Building, LLC, and acknowledged to me that such Generations Building, LLC executed the same. ................<< ,; '0. 0 V 8li;###### ~ ~ e. ~. ~ (SEfi~ ..;r '- O~ Ak}""... · ~~' t~~ T ". ~ . . ".,. . . . ... . . ... 4 . \<< h. 1 0 = rU~ ~ : LEAS~4P)> ;...'". .~:.; ~I With Opt'~J;f.~~ IS ~' n 1 ,I ~ .-r(h.; Ll (/;1,l-IAL~ otary Public for Idaho . Commission Expires: II-O:L-c) f ~ ....."""-.::. j a/ Z: \ W ark \ M \ Meridian 15 S 60 M \ stew artian ey ben oi tlease.frm LEASE With Option to Renew - 14 nq .......trj ~z ~trj 0==0 ~:J;> ~ ~o ~z ~(fl ~ 8~ :J;>t-4 z:J;> N :J;> ~ t%j ==0 ........ t:' ~ :J;> Z ,. ~ t:' :J;> ~ 0 ~ Ii Ii ~ ,~ ocn ::.0 ;;!~ Ii ,! .. f!I C>> I J. 'z ~;... -M gYJ f f. ~ ....... ~ - ",.- ~ ~ -4 a:J .... (I) -4 :D m !!J G') ~~ ",m ~~ >z U'J · · .' weST IDAHO STREET "....J L . L ~.L , ja/Z:\ Work\M\Meridian 15360M\stewartlaneybenoitlease.frm LEASE With Option to Renew - 14 nq ~tzj ~z ~tzj 0=::0 ~> ~ ~o t:z=jz ~r.n .....-c ~~ >r-- 2:> N > ~ t:z=j ~ ~ t::j t--4 > 2: ,. I--C t::j > ::c: 0 III Ii IS ~U o~ ~~ ri i! .. f'!I ~~ I J. ....:-4 -a gfn f !.J ~ ~ ~ ~ ~ ~ ~ ::0 m !!J. C'J ~~ ,c;m ~~ U) · · If WEST IDAHO STREET ~~'.it,J. I October 13, 2000 Department Report MERIDIAN CITY COUNCIL MEETING October 17,2000 APPLICANT Parks and Rec Director - Tom Kuntz ITEM NO. 13-B-2 REQUEST Update on Master Pathway Agreements with Nampa Meridian Irrigation District 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 DEPARTMENT: 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 pubnc meetings shall become property of the City of Meridian. ( October 13, 2000 Department Report MERIDIAN CITY COUNCIL MEETING October 17,2000 APPLICANT City Engineer - Gary Smith ITEM NO. REQUEST Creekside Arbour Easements 13-C-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 DEPARTMENT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached , ,V flJv 0Jff Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ( City of Meridian Public Works Dept. ,~~ '::A /1 "?'} ~ --::,.., .-': ~ o .,~) ~::..'r.. . ~ \.,~.~ ~~ 'f \ / " A ~} .,\ <:' ~. yJ~'Po ' V"~~..'.h~..,: ~ ~ ~4 ~ ~. ~~S' ~~ ~ ~ To: Mayor Corrie From:Gary D. Smith, PE CC: file Date: 10/05/00 Re: Creekside Arbour - Easements Mayor: Attached is a copy of the sanitary sewer and domestic water easements for this development. The City water and sewer mains are located in the private streets of this development, which requires the property owner to grant us easements for the operation and maintenance of these lines. I would appreciate it if you could place an item on the next City Council agenda, under my Department Reports, for Council acceptance and approval of these easements. ThankYO~~ Gary U From the desk of. . . Gary D. Smith, PE Meridian City Engineer Meridian Public Works Depart:n:-ent 2CX) E. Carlton St, Suite 100 Meridian, Idaho 83642-260) . Page 1 (208) 887-2211 Fax: (208) 887-1297 (- ( CREEKSIDE ARBOUR - PHASE II SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 3rd day of October, 2000 between William and Lucile Leavell, 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 and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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 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 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement EASMT.S& W.doc Page 1 ( ( 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 said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ~12~ Manager ~~~~ anager STATE OF IDAHO ) ) S8 County of Ada ) On this 3rd day of October, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared William Leavell and Lucile Leavell, known or identified to me to be the Managers, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,~u II iIl8,U.o"" to' ~4 ~....t>~ ~. W 0 R l' ft4##~ ~ ~ .ee".~...& A.. .,<# ~~. .. o. < ~ ~ ~ ~ .e .. :.,.L. ~ = llJ I. ~ 0 T AI? L. .. ~ ~ :00 r :tT1: :: : ~e.e. : : -*. r .' .. ~ \ PUBL\'-" : '* $ ~ <p. eo . ._ ~ ~ /> 8.. e. 0 ~ ~~ .., 00_.61>>00.0 ~ ~..~ ~#fli1.l'li 0 F \\> ~~~~1i "fJfJo08D a aoo on IOfJjt. ~4~ uAJJJ,p~ TARY PUBLIC FOR IDAHO Residing at ucla ~~ ~) ~ Commission Expires: ,,- 0 Sanitary Sewer and Water Main Easement EASMT.S& W.doc Page 2 ( EXHIBIT "A" SEWER MAIN EASEMENT A 20 foot wide sewer line easement situated in a portion of the W1/2 of the NW1/4 of Section 7, T.3N., R.IE., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a 5/8" rebar marking the SE corner of the NEl/4 of the NEl/4 of the NWl/4 of said Section 7, from which bears SOoo34'39"W a distance of 673.74 feet from a brass cap marking the Nl/4 corner of said Section 7, thence perpendicular to the East line of the said NWI/4 N89025'21 "W a distance of 372.44 feet to the POINT OF BEGINNING; Thence SOooOO'OO'W a distance of 124.33 feet to a point; Thence 821 o41'40'W a distance of 142.46 feet to a point; Thence S90000'OO''E a distance of 223.33 feet to a point; Thence SOooOO'OO'W a distance of 20.00 feet to a point; Thence S90000'OO'W a distance of 252.81 feet to a point; Thence N21 041 '40"E a distance of 155.28 feet to a point; Thence S90000'OO'W a distance of 150.39 feet to a point; Thence NOOoOO'OO'W a distance of 20.00 feet to a point; Thence N90000'OO''E a distance of 155.13 feet to a point; Thence NOOoOO'OO'W a distance of 381.30 feet to a point; Thence N65015'09''E a distance of 39.62 feet to a point; Thence S24044'51 "E a distance of 20.00 feet to a point; Thence S65015'09'W a distance of 26.82 feet to a point; Thence SOooOO'OO'W a distance of 256.09 feet to the POINT OF BEGINNING. Said easement contains 19304 square feet or 0.44 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 98925/98925 Sewer Line Esmntlkns 8/17/00 -.u -~ c.otl ~ --"1--.... 'oul -..tIilQUJ2ru3 31:J-YNNId s>t~o^^ O...,and N'V'"'Cl'~3""'" ..LN::3V'43S.....,...:3 ,......,1""':11"'.......... ~.:3^^:3S II :3 S"r . Y d C:I no 8 C:::f'V' :3 a IS >f 3:3 C:I:::> ! I ! r ~~ ( , fi 8 I f g Gi' CQ i i I. s I l !,. 'i . . ,t..- - - - - - -- - - - - - - - - - - ~~~ ~ - 3..0 ~~6Z.6~.:>_ -- - -- - - _ _ _ __ _ _ _ _ _ -e ~ ~ I ~ z ~ Vl w c:r:: ~ Vl .!-U "0 ~ frzsz 3..00.00.06N 98,-------------------------, 8 ci I 8 ("8)$ (..8)S I bNL-----------___________, 1 ~ rr.rzz M..OO,OO.06N 1 1 col I~ ~I fry rv'l 1,Jf .:!"I ,..... I ~ i-lJ/ 10 0, j.. ~ :...'tI) ~ ~ :'t-I..""" ,_ ....., ~ It{ ~/;;fl w I I 6r'o~ ~ 3..00.00.DSN (, I L---------------'oo ( (..a)s <..8)$.... I g~ I r---------------~.N ~I I r ~ 'S~ L M..OO,OO.OSN g .1 V) ~I I -I I wi I 01 I 01 I "'0 I 01 (""0 I bl io < ~I ~rl ------------ J.......................................................................~.~.~...~.~~?~~ II I - - - - - L6. 6~Z 3uZV 16v .SBN y vv' Z L r' ..................................................................... I . I I " I :, I 110 · Irl~ · I e,l- ( Isn,'I~ I I I , I }L.I I I 0 ~I g tOl P ~ ~I 0 NI ~ wi ........ a I '.... 81r .... .. I Cl ".... PI ~ ...." 81 ........".... z: ....,.... I ....,.... : t;f ....,.... 1'~ ~ ...., ~,cj~~9 ~ 1 ................ ~G '}...fJ. ,. '" (',.:J ~ -', r-->-f;\5li \ .,. S6;,9., t~~ i N~ N Z / c ,.,ro/ ~rv. , '/' ~ "'~ , 0 UJ ~ry/' ~ ~ .~ , ~ c.,~'O/' 0 0 " Z ~ f ~U , <~ + ~0:1 ~r ~ ;:J to . :: o..c <'l ;aZ "f < to ~ ~8 ~ ~~ b ~p.:: ~ ::C:~ ><::E ~ ~ ....... ~ ,..... to , en ,.., ~ tot') o o Vl r- Zz 8< t;E ~- Cl)C:: ~ ~;:=!! o~ ~CI) -"""'0 -1Q:1 ~ "'0 z~~ ~<Q i5~- ~:~g oc)zo Z~N ~<o ~c::c,,) ~:i< Z~~ c::< ~o r:Z '" ~ OQ.. z:c om -z fo-til: c::o ~fo-t ~ ~ :Q ~ w 5 (I) aIlN3A V Aa1GVa i I , 1 , I 1 l ~ o w ~ Z Wz 5 8 ~i CD --.J ~ z -l ;g <t. 0::: W Z w <...? . . I . . .,1 s: I I 4'~Q <r..). ,.... ~ CQ z :s ~ < I:Q a:: -< j:Q i , . 1 , . I I , I I , I I I I I I I ~ > ~ ~ I . I I I I I P:\A_CIVIL \98925\dwg\SWRESMNLdwQ. 1 SITE. 09/13/00 09:52:01 AM. Pinnacle Engineers. INC. All Rights Reserved I , :21 -=, I.() I ~I WI ~i 1'1'), 1'1'). 81 ZI ci z C> z ~ ~ o ( EXHIBIT "A" Water Main Easement An easement for the purpose of constructing and maintaining a water main located in a portion of the EI/2 of the NWl/4 of Section 7, T.3N., R.IE., B.M., Ada County, Idaho being contained in that parcel of land as shown in Record of Survey No. 4571.as recorded at Ada County Idaho and described as follows: Said easement consists of four separate but adjoining lines described as follows: LINE 1 Commencing at a 5/8 inch rebar marking the SE corner of the NE1/4 of the NEl/4 of said NW1/4 from which a brass cap monument marking the North 114 comer of said Section 7 bears NOoo34'39"E a distance of 673.74 feet, thence along the East line of said East 1/2 SOO~4'39"W a distance of 218.76 feet1o-a 5/8 inch rebar; thence leaving said East line S38043'20"W a distance of 157.96 feet to the POINT OF BEGINNING; Thence 10 (Ten) feet on each side of the following described line: N85049' 18"W a distance of 7.21 feet to a point; N40049' 18"W a distance of 110.15 feet to a point; Thence NOooOO'OO"E a distance of 15.50 feet to the tenninus of said line, the side lines of which to be shortened or lengthened to tenninate at the boundary line of the land as shown in said Record of Survey. LINE 2 Commencing at a 5/8 inch rebar marking the SE corner of the NEl/4 of the NEl/4 of said NWl/4 from which a brass cap monument marking the North 114 corner of said Section 7 bears NOQo34'39"E a distance of 673.74 feet, thence along the East line of said East 1/2 S00<<>34'39"W a distance of 218.76 feet to a 5/8 inch rebar; thence leaving said East line S38043'20"W a distance of 192.36 feet to a 5/8 inch rebar; thence N89029'10"W a distance of 298.04 feet to a point; thence NOoo30' 50"E a distance of 67.01 feet to the POINT OF BEGINNING; Thence 10 (Ten) feet on each side of the following described line: NO! o47'34"E a distance of 61.23 feet to a point; Thence N22010'37"E a distance of 126.17 feet to a point; Thence N 00000' 12"E a distance of 449.62 feet to a point; Thence N45006'34"W a distance of 35.19 feet to the teiminus of said line. LINE 3 Commencing at a 5/8 inch rebar marking the SE corner of the NEl/4 of the NEl/4 of said NW1/4 from which a brass cap monument marking the North 1/4 comer of said Section 7 bears NOoo34'39"E a distance of 673.74 feet, thence along the East line of said East 1/2 SOoo34'39"W a distance of 218.76 feet to a 5/8 inch rebar; thence leaving said East line S38043'20"W a distance of 192.36 feet to a 5/8 inch rebar; thence N89029' lO"W a distance of 298.04 feet to a point; thence NOoo30'50"E a distance of 67.01 feet to the beginning of afore mentioned Line 2; thence along said Line 2 NOl 047' 34"E a distance of 56.56 feet to the POINT OF BEGINNING; Thence leaving said Line 2 and 10 (Ten) feet on each side of the following described line: N90000'OO''E a distance of 250.27 feet to a point from which the terminus of afore mentioned Line 1 bears S90000'OO"W a distance of 12.29 Feet; Thence N45000'OO"E a distance of 57.83 feet to a point; Thence N 22030'OO"E a distance of 66.67 feet to a point; Thence NOOoOO'OO''E a distance of 167.33 feet to a point; Thence N46038'22"W a distance of 88.09 feet to a point; Thence N67007' 11"W a distance of 91.30 feet to a point; Thence S89038'56"W a distance of 120.73 feet to a point on the intersection of afore mentioned Line 2 and the terminus of said Line 3. Line 4 Commencing at a 5/8 inch rebar marking the SE corner of the NEl/4 of the NEl/4 of said NWl/4 from which a brass cap monument marking the North 1/4 corner of said Section 7 bears NOoo34'39"E a distance of 673.74 feet, thence along the East line of said East 1/2 S000:34'39"Wa distance of 218.76 feet to a point; thence leaving said East line S38043 '20"W a distance of 192.36 feet to a point; thence N89029' IO"W a distance of 298.84 feet to a point; thence NOoo30'50"E a distance of 67.01 feet to the beginning of afore mentioned Line 2; thence along said Line 2 NOI047'34"E a distance of 61.23 feet to a point; thence N22010'37"E a distance of 126.17 to a point; thence NOOoOO' 12"E a distance of 20.79 feet the POINT OF BEGINNING; Thence leaving said Line 2 and 10 (Ten) feet on each side of the following described line: N90000'OO''W a distance of 240.79 feet to the terminus of said line. Said described easement contains 2.71 acres more or less, and is subject to all existing easements and rights-of-ways on record or implied ~\ . A 69JG1i I J2, j ',>r~'~,ff1~" ~~?l;;;J \\"Y', ~. V .?I .r'~~ ~ ~>::,:....~ J rP '\~:())~-'~~~;,iI1J: j71)J ~~~S 11 98925 H20 _esmnt.docl8-23-00/srI ~ Zz ~ Z E< ~ f-oI - o ~ ~S ~ ;:g en ~ ~ ~~ oCz:l c? ~ ~8 z < ....~ t--f ~ a= "'0 ~ ~ zt;~ <C 0 ~~8 ~ r==~_ Q ~ ~r.1~g 0 ,OS'OlS MgOl,6Z.6SN ~ ~::> '" r- - - - :-VO's6'ZM)j 1:-6z:69N - - -...... - -' - - - - - - - - -l :: E-i ~~8 ^ _. FO ~ fil i5 ~ 14 · \. "'! :afiN:!L\ V A31ava ~ ~ r.1~ ~'?~:; ~o \. a; - --,- - - -(..9)M- _ I _ ~ Z i5 Z ....0)'/ '\i "" \. k I -..." ~ ~ / / "... , .... I ..----, -< ~ .... /.. ~ ~~ , ~ t:Q ~ 0 II. .; '% 0" ~/\"dA. \. ~ fa ~ 0 z= ''7$' ~4- t 3Nn t g C2 ~~ ~/"J~ ,? L - - - - - - - - - - 'b~ - ~ II. E-o / ---LLZ"OSl: 3.00.00.o6N ) ;:g < ( ;.A ~ "':d/ - - - - - - - - - -/( / !i 9 1 It / ~ l~ / .. I I: / ~ ~ / ~ ~ ( i / / _I I I Z ( l_ _ _ _ _ _ _ _ _ ~ I V) gO'J ~ I ~ I I~ I ~ ~ I :;) I; I ~ ~ I I 1'008 I ~ ~ N ~ ~ I :J~,..:~~ I~ I L5 '" I I I ~ ~::;~::J I I ~ Z I ~.~. " I . ~"'''' " I '"t~ " 0 I ~19~ ,e,' ~4- -....... I l' .~J6.......... ........... .)At/~ ~ J '..{ """"-- _ _ _ _ _ , ~ o~9. ~t'{___ ~.~ M..9s.e~.6~ MU-~ lIDO ,..... - --"-~"Q .~U[ ..,za.UI2tU3: 3:1JVNNld l"'- I '" I ~I ~I ~I ~I ~I z I I ..L.O I ~..L so I 0 :tal 3 .J.. 'v' ^" N 'v' 10 I ~:a ~ ...L ,....,. ::3 ......... ::3 s '"'V" ::3 N I 'V" Jo"".I ~ ::3 ...L "V" /'V'\. NOIS""~'- 'Gens Cj n08~'V 3aIS>i33Cj=> ! i; ~r I I - I~ ILaJ : 11.0 I~ IZ I ..... ,6l"OFZ M..OO,OO.o6N r----------'O, I t 3Nn ~ I I I _____ : ,- :L'6-6fi 3gZ1'.61'.SSN I I b1 ~ ~ I ~ ~ ~I 0 !wi ~ z ~~5g ~ ~I l.LJ:J~ ~ bl "lro~~ " 2t LU ~zow z "tll -1 ~~~ ~ ~ -1 ~El~~ B II gill II z II ~. -co I .1 ~~ ~O.~iZ@ : : i, I I .0- ,Oi!: -, ...J I I NI ~I I I ~ ~ ~ o ~ ~ ~ 5 w.. f5 lr ~ g.~~G: ;J0- e:) "" CO" () en ~ ~ ~ ....Cfl?: ~ ::> t- ~x gs e ~ w 8 ..... "'" ..... ..... ~ "'" ..... ..... "'" ..... ..... ~ 8 I on ~ N W ~ 4'1~q ~.,) .... ::E "'" ..... --f;i ..... g ~ t:iI II P:\A_CIVIL\98925\dwg\WTRESMNT.dwg, 1 SITE, 09/27/00 04:32:55 PM, PINNAe LE ENGINEERS INC. ALL RIGHTS RESERVED ( October 131 2000 Department Report MERIDIAN CITY COUNCIL MEETING October 17,2000 APPLICANT City Engineer - Gary Smith ITEM NO. REQUEST City Resident Water SeNices - Turn off of Delinqent Accounts 13-C-2 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 DEPARTMENT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached vd JJfrv Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( City of Meridian Public Works Dept. _J~' ~._ "- ./i~;p '~. " ., - i t?f . ,'V" S!:p , ~/Ii:";' .!"~i' , .9 /f) "r'~J- ~<~ _, <..' ,'~', ' t/QI) · -"...' ~';;:";7':' ~ '" -'J:.l) f~ --"..:,' o To: Mayor Corrie From: Gary D. Smith, PE CC: file Date: 09/28/00 Re: City Resident Water Service - Turn off of Delinquent Accounts Mayor: Pursuant to our meeting yesterday, John Shawcroft and Leslie Howard have prepared the attached proposal to amend the present City policy regarding turning off of City water service for non-payment. I would appreciate it if you could place this item on the City Council agenda for October 3, 2000 for Council review and approval. We think these proposed changes will facilitate and improve City service to our water users during this "turn-off' operation. Gary Sincerely, From the desk of. . . Gaty D. Smit~ PE Meridian Oty Engineer Meridian Public Works Department 200 E. Carlton St, Suite 100 MeridiaI\. Idaho 83642-26CX) . Page 1 (208) 887-2211 Fax: (208) 887-1297 2235 N.W. 8TH STREET MERIDIAN, IDAHO 83642 (208) 888-5242 · FAX: 884-1159 MERIDIAN WATER DEPT. September 29, 2000 To: Honorable Mayor Robert D. Corrie and Meridian City Council Members From: Leslie Howard & John Shawcroft RE: Policy change for Tum-off day. Leslie and I feel that if certain changes to the City policy dealing with turn-off should be made. These changes are desired to enhance customer service. The current policy disallows some of the items we propose. These requested policy changes are as follows: 1. We would like to bond the Water Department staff and allow them to accept payment for the delinquent billings in the field on turn-off day only. The payment must be in the form of a check or money order. Cash would not be accepted. 2. Two staff members from the Billing Department would stay until 7:00 P.M. on turn-off day. Payment after 5:00 P.M. would occur through either the drop box or the Water department staff in the field. Two Water Department staff persons would work until 10:00 P.M. to accommodate the residents. The staff of both departments would be compensated for their time. 3. A new drop box would be installed at City Hall to allow access by the Billing staff without exiting the building. This cost should be minimal. 4. The tum-off fee would be raised to $50.00 and collected prior to reestablishment of water service. If payment were made to the Water Department staff in the field before the water actually gets shut-off, half of the fee would be waived. This should create some incentive for on- time bill payments. If accepted and approved by Council, we would like to implement the policy changes in November if possible. Tum-off for November will occur on the 29th due to Thanksgiving. Thank you for your consideration. Sincerely, ~~r- ~::n T. Shawcroft Public Works Supt. ( DELINQUENCY FOR TURN OFF SCHEDULED FOR 10/18/00 }lECEIVED OCT 1 7 2000 CITY OF MERIDIAN MAYOR: This is to inform you in writing, if you choose to, you have the right to a predetermination hearing at 7 :30 P.M. Tuesday, October 17,2000, 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 October 17, 2000, 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 $58,238.49. ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Oct 17,2000 02:29pm Current Period: 10/31/2000 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 08/31/2000 07/3112000 06/30/2000 Date Amount Msg 34.3240.2 ABBOTT,REBECCA 282.08 157.81 124.27 09/19/2000 111.97 - 5.0774.1 ADAK FAMIL Y LIMITED PARTNEF 235.78 113.67 122.11 09/01/2000 85.05 - none 74.2668.1 ADAMS,CATHY 102.12 73.68 28.44 09/28/2000 60.00 - none 51 . 1156. 1 ADVANCED HEATING 645. 15 539.41 1 05.74 09/14/2000 3.24 - 1 . 1360.1 AKERS, GENEVA 312.49 168.96 143.53 08/16/2000 246.31 - none 74.2452.1 ALLEN, RICHARD L. 125.22 57.69 67.53 09/19/2000 72.45 - none 21.0184.2 ALLEN, ROBERT 127.00 102.32 24.68 31.3422.1 ALLEN, TIM 141.36 66.49 71.08 3.79 09/15/2000 50.00 - none 42.4078.1 ALONZO,KATHLEEN 84.12 41.61 42.51 09/18/2000 71.54 - none 74.0060.1 ALVES, VALERIE 1 29.79 60.59 69.20 09/18/2000 81.50 - none 1.0910.1 AMMERMAN. JESS 69.74 41.80 27.94 08/24/2000 25.48 - none 51.0050.1 AMYX FAMIL Y LIMITED 579.71 21 .40 558.31 none 21.2254.1 ANDERSON, DAWN 59.56 31.79 27.77 08/11/2000 53.08. none 74.1026.1 ANDERSON, DOUGLAS 75.94 32.97 42.97 08/24/2000 30.51 . none 21.0566.1 ANDERSON, JAMES 154.27 88.37 65.90 08/23/2000 54.83 - none 22.1482.1 ANDERSON, LYLE D. 21 0.98 117.34 93.64 09/18/2000 102.25 - none 2.2320.1 ANDREWS. CONAN 305.36 81.16 52.54 73.61 98.05 09/18/2000 100.00 - none 50.0554.2 ANGELL, MICHELLE 62.93 36.55 26.38 09/12/2000 30.07 - 21.2070.1 ANKENMAN, MICHAEL A 95.36 52.15 43.21 09/20/2000 43.21 - none 2.6300.1 ANSON, PATRICIA 154.87 75.40 79.47 09/22/2000 50.00 - none 68.0070.1 ARES. TONY 77.75 39.10 37.87 .78 10/06/2000 60.00 - none 21.1708.1 ARTE, MICHELLE & RICK 167.48 92.88 74.60 09/20/2000 80.00 - none 4.2326.1 ARTE. RICHARD P. 258.39 155.19 103.20 09/15/2000 30.00 - none 21.0066.1 ATHAY,ROBERT 237.87 135.09 102.78 09/13/2000 95.40 - none 42.2148.1 AZARY,SUSAN 119.83 58.85 60.98 08/15/2000 101.05 - none 68.0234.1 BAILEY, MATTHEW ROY 48.16 24.08 24.08 08/29/2000 25.31 - none 69.1040.1 BAILEY, RONALD & CAROL YN 243.47 54.28 189.19 10/04/2000 100.00 - none 3.0326.1 SAIN. RAND 182.46 87.01 95.45 1 0/06/2000 75.77 - none 34.1860.1 BAISLEY, TERRENCE 116.54 67.21 49.33 09/19/2000 93.94 - none 31.3300.1 BALL, STEVE 72.38 49.43 22.95 09/18/2000 40.49 ~ none 33.3626.2 BALL, TERESA 72.70 38.36 34.34 32.0744.1 BARNARD, WILLIAM 156.06 84.96 71.10 09/18/2000 64.95 - none 46.0106.1 BARNES, DAVID 70.59 39.15 31 .44 09/18/2000 33.90 - none 21.1894.1 BARNHART, CLINTON 124.90 69.11 55.79 09/20/2000 100.00 - none 22.1740.2 BARNHART,RYAN 91.64 56.69 34.95 09/21/2000 46.00 - 32.1454.1 BARRETT, DUSTIN 81.03 43.14 37.89 08/14/2000 71.60 - none 42.1966.1 BARRY, CLA Y A 192.75 123.49 69.26 09/19/2000 150.00 ~ none 21.2626.1 BASAURI, ROBERT & DENA 226.80 128.94 97.86 08/15/2000 183.42 - none 21.2960.1 BEACH, MALCOM & PEGGY 376.58 213.67 162.91 08/08/2000 194.21 - none 31.3042.1 BEAN, ALAN & JENNY 216.39 1 00.98 115.41 09/19/2000 105.57 - none 31.3400.2 BEAN, DONOVAN 149.1 8 48.85 53.44 46.06 .83 09/20/2000 41 .00 - 34.0942.1 BECK, JIM 110.83 61.73 49.10 09/19/2000 54.02 - none 32.0950.1 BECKER, NICHOLAS 236.80 138.94 97.86 09/21/2000 92.13 - none 32.0872.1 BECKER, ROGER F. 154.44 81.69 72.75 09/15/2000 77.67 - none 31 .341 0.1 BEEHIVE SHELTER HOME 329.26 176.36 152.90 08/10/2000 268.90 - none 32.0932.1 BEEHIVE SHELTER HOME 419.29 190.46 228.83 08/1 0/2000 319.90 - none 74.2514.1 BEEHIVE SHEL TER HOME 738.85 309.77 429.08 08/1 0/2000 471.94 - none 74.2762.1 BEEHIVE SHEL TER HOME 855.75 395.28 460.4 7 08/10/2000 544.56 - none 42.1076.1 BEEHIVE SHELTER HOME 496.23 310.11 186.12 08/10/2000 311.97 - none 46.0448.1 BEERY, LON 156.25 76.65 72.63 6.97 09/25/2000 80.01 - none 22.1560.1 BEESE, JEFFREY 118.80 64.33 54.47 09/20/2000 60.00 - none *** in Msg column indicates no Notice is to be sent -- f ( \ CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Oct 17,2000 02:29pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 31.1004.1 BEHNER, ROBERT 184. 11 1 00.12 83.80 .19 08/24/2000 75.00 - none 2.5690.2 BELL, DERRICK 318.57 213.4 7 105.10 09/20/2000 86.81 - 33.2316.1 BELL, LILLY 84.33 44.79 39.54 09/20/2000 49.38 - none 33.1828.1 BELL, RONALD & JULIE 107.81 61 .45 46.36 09/20/2000 53.74 - none 51.3570.2 BENNETT, PHILIP 62.02 33.02 29.00 09/11/2000 602.04 - 2.1860.1 BEVINGTON, H LARUE 116.30 75.00 41.30 09/20/2000 42.53 - none 32.0656.1 BEVINGTON, H LARUE 109.60 61.73 47.87 09/18/2000 56.48 - none 1.2870.1 BIDDICK, SCOTT 157.57 97.40 60.17 08/21/2000 81.19 - none 74.3296.1 BIENAPFL, ROB & CARMEN 74.11 41 .44 32.67 09/21/2000 32.67 - none 2.0452.1 BIERY, SHAWN 148.87 83.57 65.30 08/31/2000 125.00 - none 74.2724.1 BISHOP, CALVIN 199.37 89.31 11 0.06 09/20/2000 30.00 - none 3.0308.1 BITTNER, MICHAEL 110.76 52.96 48.94 8.86 08/15/2000 42.79 - none 20.1470.1 BLACK, JEFFREY & MARGARET 94.53 60.48 34.05 10/12/2000 27.19 - none 33.2600.1 BLACKHURST, SCOTT 69.56 33.02 36.54 09/18/2000 26.54 - none 42.4064.1 BLACKNEY, DOUGLAS 65.39 34.09 31.30 08/11/2000 58.91 - none 4.2200.1 BLA YE, LUCREZIA 159.71 93.55 66.16 09/19/2000 83.38 - none 33.4154.2 BOBKO, RAYMOND 200. 11 108.75 91.36 09/19/2000 72.59 - 42.0408.1 BOBKO, RAYMOND 188.88 102.60 86.28 08/30/2000 81.36 - none 34.1202.1 BOCHSLER,ROBERT 62.30 35.62 26.68 08/15/2000 27.91 - none 50.1726.1 BOESIGER, MAX 58.33 31.79 26.54 08/24/2000 35.15 - none 51.0506.1 BOGGIS, CONNIE 66.05 36.88 29.17 09/14/2000 31.63 - none 21.2860.1 BOHN, JOHN D 119.16 70.20 48.96 08/08/2000 86.85 - none 51.3019.1 BOISE BASIN ELECTRIC 144.70 102.06 42.64 09/26/2000 67.52 - none 52.0246.1 BOLO'S PUB & EATERY 775.88 251 . 1 7 343.28 181 .43 09/28/2000 343.28 - none 46.0468.1 BORCHARDT, KEVIN & TINA 79.80 43.14 36.66 09/19/2000 51.58 - none 74.3950.1 BaRCHART, MICHAEL 431.82 210.99 220.83 09/06/2000 227.14 - none 34.1880.1 SOUR, SHANNON 215.58 102.74 96.42 16.42 10/16/2000 30.00 - none 5.0802.1 BOYLE, JOHN 213.88 11 7.48 96.40 09/19/2000 31.98 - none 74.3796.1 BRADLEY, CHRISTOPHER 59.51 29.14 30.37 08/15/2000 56.57 - none 22.1312.1 BRADY,RODNEY 181.37 151.92 29.45 09/26/2000 100.00 - none 74.3588.1 BRAINARD, ERIC 62.60 27.61 34.99 09/19/2000 26.38 - none 51.0706.2 BRANDT, LORELI 106.56 56.56 50.00 09/13/2000 55.4 7 - 21 .1054.1 BRAUNSTEIN, BERNARD & KARL 154.82 80.16 74.66 09/18/2000 35.00 - none 21.0178.1 BREINHOL T, AARON 165.86 86.33 79.53 09/18/2000 106.00 - none 34.0420.1 BRENEMAN, JEFFERY 206.93 124.62 82.31 09/20/2000 93.38 - none 5.0264.1 BRENNAN,TERRENCE 338.07 201.54 136.53 09/12/2000 100.00 - none 1.0800.1 BREWER, SID & SHELL Y 114.00 82.54 31 .46 09/20/2000 72.92 - none 3.0274.1 BREWSTER, ROBERT 77.02 42.98 34.04 08/29/2000 34.04 - none 22.2282.2 BRICE, DAVID 64.16 36.55 27.61 08/22/2000 32.53 - 32.0926.1 BRIGGS, NADINE 224.55 134.58 89.97 09/20/2000 91.49 - none 31.2306.1 BRIGHT, LEANN 204.82 121.72 83.10 09/21/2000 26.52 - none 2.3702.1 BRINEGAR, E.E. 62.80 30.56 24.08 8.16 09/08/2000 40.00 - none 4.1674.1 BRINKERHOFF, JOHN 258.67 121.45 89.14 48.08 09/28/2000 100.00 - none 31.0164.1 BRITTON, TIMOTHY 57.10 31.79 25.31 08/21/2000 24.08 - none 19.4456.1 BROOKS FULLER HOMES 81.54 41.47 40.07 09/19/2000 28.84 - none 74.3010.1 BROTZMAN, HENRY 97.21 46.76 50.45 08/11/2000 93.52 - none 74.3810.1 BROWN, ROBERT 82.72 31.44 51.28 08/17/2000 93.63 - none 22.0810.1 BRUNELLa, JOHN L 137.29 78.65 58.64 08/24/2000 59.59 - none 31.3306.1 BRYANT, JAMIE 350.56 147.69 202.87 09/19/2000 149.82 - none 2.0496.1 BUCHANAN, DANIEL & KAREN 132.29 74.84 57.45 08/17/2000 96.13 - none 69.1288.1 BUDGE, RICHARD 182.51 79.57 102.94 08/30/2000 95.56 - none 34.1844.1 BUFFAT, STEPHEN 238.30 131.08 107.22 09/20/2000 99.84 - none 19.7150.2 BURCHFIELD, DARRELL 74.84 40.66 34.18 09/19/2000 44.18 - 32.1546.4 BURCHFIELD, DARRELL 72.70 40.82 31.88 08/17/2000 31 .88 - 22.1324.1 BURDEN,DAREON 155.07 78.93 76.14 08/29/2000 35.67 - none *** in Msg column indicates no Notice is to be sent ( { CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Oct 17,2000 02:29pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 2.2722.1 BURKMAN, JULIA 263.29 167.56 95.73 09/20/2000 76.05 - none 69.0182.1 BURNS, DONALD 58.59 28.68 29.91 09/19/2000 38.68 - none 2.4890.2 BURNS, EMMETT 169.71 87.56 82.15 09/21/2000 95.68 - 74.3668.2 BURRIS, STANTON & JANICE 70.82 35.41 35.41 08/17/2000 31.88 - 5.0678.1 BURT. MARK A 182.72 103.42 79.30 09/14/2000 60.00 - none 42.2460.1 BURTON, JACK 164.55 84.98 79.57 09/20/2000 70.96 - none 32.1452.1 BYRNE, JASON 63.53 36.85 26.68 09/20/2000 55.82 - none 50.0724.1 C.F.1. INVESTMENTS 63.25 35.48 27.77 09/18/2000 6.54 - 32.1394.1 CABBAGE, JONAS & MICHELE 129.29 77.89 51 .40 09/14/2000 70.18 - none 32.1570.1 CALDWELL, PATRICK 80.93 45.74 35.19 09/19/2000 35.00 - none 21.0522.1 CALWELL, MARC 63.38 35.32 28.06 09/19/2000 26.00 - none 21.1746.2 CAMPBELL, EDWARD 196.04 102.49 93.55 09/01/2000 87.40 - 21.2664.1 CAMPBELL, ROLLAND 133.04 83.29 49.75 08/11/2000 70.52 - none 31.2240.2 CANNON, DALE 99.72 51.87 47.85 08/30/2000 39.24 - 22.1050.1 CANON, BILL & BETSY 403.74 233.93 169.81 09/20/2000 163.00 - none 22.0312.1 CANTRELL, STEVEN M. 356. 12 167.77 188.35 08/21/2000 131 .77 - none 4.1796.1 CAPRAI, JOHN & SARAH 169.73 128.55 41.18 10/16/2000 100.00 - none 2.4590.1 CARNAHAN, JOHN 84.32 54.09 30.23 09/20/2000 46.38 - none 34.1808.2 CARPENTER,DOUGLAS 126.50 65.26 61.24 09/20/2000 60.01 - 2.4340.1 CARRIER, RICHARD 118.49 66.79 51.70 09/19/2000 55.39 - none 31.3394.1 CARROLL, PHILIP R. 159.08 84.01 75.07 09/18/2000 75.07 - none 22.1160.1 CARSON, JEFFERY & PAMELA 232.99 147.41 85.58 08/28/2000 76.97 - none 50.0354.1 CARSTENSEN, DENNIS 82.00 51.91 30.09 09/20/2000 50.00 - none 3.4001.1 CASCADE BUILDERS 447.12 118.26 328.86 2.5130.1 CASPERSEN. MAUREEN K 146.54 77.74 68.80 09/20/2000 66.34 - none 34.2876.1 CATLETT, SCOTT 57.10 33.02 24.08 08/25/2000 25.31 - none 32.0446.1 CAVINESS, WILLIAM A. 167.29 97.42 69.87 09/20/2000 64.95 - none 50.3884.1 CAZARES, JUAN 55.87 30.56 25.31 08/08/2000 24.08 - none 42.2582.1 CHAPMAN, LORRI 166.53 84.66 81.87 10/02/2000 85.13 - none 22.0848.1 CHAPMAN, THOMAS 368.81 215.32 153.49 09/19/2000 141 .19 - none 21.2658.1 CHAPPELL, ANTHONY 210.84 169.53 41.31 10/02/2000 75.00 - none 34.1080.2 CHASTAINE, LEIF 75.16 42.05 33.11 09/18/2000 46.75 - 32.0986.1 CHATTERTON, KELLY 355.53 191 .69 163.84 09/13/2000 150.00 - none 2.3410.1 CHECK, MICHAEL & NORMA 296.00 178.30 117.70 08/24/2000 141.07 - none 2.6100.1 CHENEY,STEVEN 137.21 80.04 56.34 .83 09/15/2000 14.27 - none 32.0792.1 CHRISTIAN. RICHARD & JOANNt 11 7.33 57.60 59.73 09/15/2000 62.78 - none 32.1278.1 CHURCH, LARRY 232.99 183.08 49.91 09/15/2000 64.83 - none 33.4344.1 CIRELLI. MARK 139.12 75.26 63.86 09/15/2000 84.93 - none 31 . 1 054.1 CLARK, DAVID 163.33 84.29 79.04 09/18/2000 67.97 - none 50.0206.1 CLARK, TERRY 99.62 37.77 61.85 06/19/2000 29.90 - none 51.0690.2 CLAY, GREG 72.70 40.82 31.88 08/11/2000 69.91 - 2.2800.3 CLEMENT, MICHAEL 125.75 62.96 62.79 08/18/2000 80.98 - 5.0344.1 CLIFF, DWIGHT 162.56 96.82 65.74 09/22/2000 62.05 - none 21.0002.1 CLIFFORD, JOHN 1 25.66 72.22 53.44 09/01/2000 42.37 - none 34.0536.1 COATES. JOSEPH & DARLENE 150.54 88.35 62.19 09/18/2000 56.20 - none 19.6566.1 COGGINS, SCOTT 64.24 40.68 23.56 09/14/2000 35.00 - none 33.3566.1 COLLIER, RANI C. STILES- 76.65 43.28 33.37 07/17/2000 31.88 - none 22.1744.1 COLLINS, JENNIFER 199.42 73.77 52.37 73.28 08/01/2000 24.08 - 51.4170.2 COLSON, HOWARD 186.59 34.25 80.66 71.68 09/19/2000 100.00 - 2.0956.1 COl TRIN. TODD & C UNSER 183.32 97.12 85.72 .48 08/30/2000 100.00 - none 19.0138.1 CONRAD, ROSS 54.64 30.56 24.08 09/11/2000 82.68 - none 21.0022.1 CONRAD, STEVEN 158.62 116.78 41.84 09/18/2000 41.00 - none 7.0994.1 CONTE, ROGER 62.93 32.86 30.07 08/29/2000 61.37 - none 5.0518.1 COOK, ROBERT 224.94 134.16 90.78 09/19/2000 89.55 - none 42.2992.1 COPE. TIMOTHY 69.40 39.17 30.23 08/15/2000 34.94 - none *** in Msg column indicates no Notice is to be sent [ CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Oct 17,2000 02:30pm Cu rrent Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 74.3816.1 CORDELL, TODD 68.10 34.18 33.92 09/20/2000 50.00 - none 2.1180.1 CORNISH, LAURA 98.25 48.06 50.19 09/25/2000 52.65 - none 1.1010.1 COSTELLO, DUDLEY 56.34 29.36 26.98 1 0/06/2000 16.40 - none 31.3420.1 COUCH, JULIA 121.78 64.07 57.71 09/20/2000 40.00 - none 42.2358.1 CRANDALL, LARRY 164.63 87.40 77.23 09/18/2000 71.08 ~ none 31.0808.1 CREEK,MARSHA 172.89 79.23 93.66 08/11/2000 136.89 - none 1.2820.1 CRIDLAND, DONALD 152.77 76.47 76.30 09/13/2000 66.30 - none 19.6670.1 CRIST, JERRY 64.48 36.71 27.77 08/21/2000 39.00 - none 74.2834.1 CROWLEY, BILLY 130.03 61.94 68.09 09/20/2000 81.62 - none 35.1034.1 CROWN STUART 55.23 31.15 24.08 09/28/2000 24.08 - 21.1918.1 CULVER, JAMES 139.15 79.74 58.50 .91 09/18/2000 20.00 - none 51.0998.1 CULVER, WALTER 97.85 62.70 35.15 09/25/2000 34.83 - none 74.2692.2 CUSHMAN, KELL Y 128.91 68.76 60.15 09/15/2000 56.88 - 31.0830.2 DAIL Y, ROBERT 117.51 56.39 53.60 7.52 09/20/2000 40.00 - 2.0080.1 DALlCE PLUMBING 101.82 57.92 43.90 09/20/2000 44.06 - none 22.1420.1 DAVENPORT, DUANE 169.78 90.97 78.81 09/20/2000 115.00 - none 3.0508.1 DAVES,STEPHEN 188.67 115.41 73.26 09/06/2000 70.80 - none 21.1820.1 DAVIS, MARK 129.56 71.71 57.85 09/07/2000 51.70 - none 32.0540.1 DAVLIN, RICHARD L. 119.72 65.56 54.16 09/19/2000 62.77 - none 34.0944.1 DEBRIAE, RICHARD 193.24 107.24 86.00 09/18/2000 93.38 - none 21.3070.1 DECK, KIMBERL Y 164.77 101.53 63.24 09/20/2000 82.00 - none 3.0318.1 DECKER, KIMERY 147.69 88.77 58.92 08/24/2000 68.76 - none 65.0648.2 DECKER, STANLEY 71.82 39.15 32.67 07/26/2000 61 .65 - 72.0132.1 DEL BRADLEY STINE 244.81 97.19 147.62 09/18/2000 19.05 - none 69.0704.1 DENNING, RICHARD & LORA 220.27 95.99 124.28 09/18/2000 71.82 - none 2.1610.1 DESILET, DENICE 151 .49 67.74 70.03 13.72 09/08/2000 40.00 - none 47.0058.1 DEWEY, JOHN 103.41 58.02 45.39 09/18/2000 50.31 - none 51.1323.1 DIAMOND PROPERTIES 359. 16 114.06 245.10 31.0812.1 DICK, JERALD & AUDRIA 202.60 98.93 103.67 09/21/2000 60.00 - none 2.1960.1 DICKSON, DONALD M 185.58 97.26 88.32 08/15/2000 118.83 - none 33.2528.1 DILlUO, THOMAS 70.91 35.62 35.29 08/15/2000 75.50 - none 51.3930.3 DMK INVESTMENTS L.L.C. 118.53 63.12 55.41 09/21/2000 60.33 - 3.0700.1 DOBARAN, JOHN & ARVELLA 377.39 226.46 150.93 09/15/2000 150.93 - none 33.2594.2 DONALDSON, NEAL 79.36 47.92 31.44 09/20/2000 28.98 - 3.0830.1 DONLON, KATHRYN 92.89 48.99 43.90 08/17/2000 77.64 - none 42.1200.1 DOOLEY, DAVID & LESLIE 84.14 47.76 36.38 09/14/2000 45.00 - none 21.1958.1 DOTY, CHRISTY L. 141.81 77.14 64.67 08/16/2000 93.35 - none 4.2084.1 DOUTHIT, RONALD 201 .81 102.30 99.51 08/30/2000 105.66 - none 20.1588.2 DREXLER, JOHN 476.53 355.72 120.81 09/21/2000 30.00 - 4.2282.1 DRURY, PATRICK 232.00 147.53 84.4 7 08/31/2000 92.01 - none 22.1412.1 DUARTE, MARTIN 115.31 51.59 63.72 08/17/2000 87.76 - none 51.0698.2 DUEROCK, WALTER 199.80 31.79 25.31 29.00 113.70 04/10/2000 23.25 - 31.0834.1 DUMONT JR., TED 293.56 168.4 7 125.09 08/28/2000 117.71 - none 42.3106.1 DUNSTAN, JOAN 129.95 68.83 61.12 09/18/2000 91.97 - none 34.0746.2 DUVALL, KENNETH 180.76 98.63 74.93 7.20 5.0172.1 EARNHART,KATHLEEN 204.04 112.56 91 .48 09/19/2000 114.19 - none 42.2598.2 EASTBURN,GARY 182.58 96.99 85.59 09/19/2000 91.74 - 21.2964.2 EBERL Y, MARK 230.38 86.33 132.74 11.31 74.3370.1 ECHIPARE, DOMINADOR 81.66 45.25 36.41 09/19/2000 75.00 - none 48.1632.1 EDDYS BAKERY 80.48 46.72 33.76 08/15/2000 1 2.96 - 48.1633.1 EDDY'S BAKERY 862.34 272.63 271.09 203.05 115.57 21 . 11 06. 1 EDGERTON, BRIAN 235.58 141 .94 93.64 08/15/2000 171.29 - none 34.1898.1 EDINGER, REX S. 124.03 76.07 47.96 09/18/2000 88.44 - none 74.2624.1 EDMONSON, DAVID & MARCELL 120.4 1 68.76 51.65 09/19/2000 70.00 - none 74.2396.1 EIGUREN, MICHELLE 156.24 54.67 101.57 09/18/2000 73.03 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Oct 17,2000 02:30pm Cu rrent Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 34.1956.1 ELAM, DAVID 190.95 98.10 92.85 09/18/2000 90.39 - none 50.2302.1 ELICKER, TODD 90.36 33.31 29.14 27.91 08/10/2000 27.91 - none 48.4850.1 ELIXIR INDUSTRY 61.12 30.56 24.08 6.48 07/18/2000 8.57 - 72.0101.1 ELK RUN HOMEOWNERS ASSOC 595.78 354.72 241.06 09/19/2000 146.08 - none 34.0592.1 ELLIS, TODD & DANA 231.71 123.40 108.31 08/17/2000 134.56 - none 69.0524.1 ELORDI, PAT & BEKKI 1 88. 12 87.91 100.21 09/19/2000 94.06 - none 15.0005.1 EMERALD HOMES 86.35 34.08 52.27 04/24/2000 24.99 - 15.0067.1 EMERALD HOMES 102.21 34.08 68.13 04/24/2000 6.48 - 15.0039.1 EMERALD HOMES 1 00. 15 34.08 66.07 04/24/2000 2.68 - 31.3062.2 EMERSON, DON 156.73 65.00 91.73 09/18/2000 69.59 - 2.0180.1 ENGLISH, RONDA 113.22 113.22 10/18/1999 32.69 - none 50.1236.3 ERHART, Mil T 103.62 51.36 52.26 08/10/2000 150.63 - 34.0504.1 ERICKSON, RONALD 237.91 121 .58 116.33 08/16/2000 163.78 - none 34.0002.1 ESI 77.76 51.84 25.92 51.3080.2 ESQUIVEL, ROSE 87.88 53.31 34.57 09/20/2000 32.09 - 5.0700.1 EVANS, ANDREW 174.19 109.40 64.79 08/14/2000 68.48 - none 31.0436.2 EVANS, KIM 174.72 103.18 71.54 09/21/2000 40.00 - 33.0354.1 EVANS, LEONARD 299.77 135.29 164.48 09/12/2000 127.58 - none 74.3614.1 FACKRELL, THOMAS 70.26 31 .44 38.82 09/18/2000 31.44 - none 51 .1295. 1 FAMCO 147.42 98.82 48.60 09/01/2000 63.18 - 51.1294.1 FAMCO 629.11 31 7.26 271.04 40.81 09/01/2000 75.84 - 34.1806.1 FAULKNER, FREDA 158.15 103.27 54.88 09/27/2000 21.00 - none 33.3678.1 FAYLOR, MILFORD 83.77 46.97 36.80 09/18/2000 35.57 - none 21.0176.1 FENSKE,STEPHEN 1 29.61 84.52 45.09 09/20/2000 30.00 - none 4.1454.1 FIELDS, CHRYSTLE 165.77 86.19 79.55 .03 09/20/2000 66.02 - none 34.2726.1 FIRST THINGS FIRST 374.36 216.25 158. 11 09/06/2000 163.19 - none 33.3576.1 FIRST THINGS FIRST 398.04 239.16 158.88 09/06/2000 187.33 - none 74.0328.2 FISHEL, GEORGE & LARREE 211.36 87.23 124.13 50.1012.1 FISHER, JOHNNY 98.25 35.76 62.49 08/17/2000 109.23 - none 32.0568.1 FISHER, MELVIN 1 79.32 90.44 88.88 09/18/2000 42.14 - none 2.0740.1 FISK, PATRICK 113.29 65.42 47.87 09/20/2000 45.41 - none 72.0274.1 FITZGERALD, JUANITA 152.21 90.25 61.96 08/29/2000 47.20 - none 5.0800.1 FITZSIMMONS, TOM 171.75 89.74 82.01 09/15/2000 66.06 - none 74.3354.1 FLOREZ, BARRY 55.22 26.38 28.84 08/28/2000 39.91 - none 20.1532.3 FOLWEll, RITA 82.54 46.97 35.57 09/13/2000 35.57 - 65.0712.1 FORBUS, DON 1,1 50.46 1,107.37 43.09 09/18/2000 43.09 - 21.1776.1 FOREMAN, EARL 97.65 53.91 43.74 09/06/2000 52.19 - none 5.0438.1 FORRESTER, VANDYE 237.48 142.89 94.59 09/19/2000 97.05 - none 34.0552.1 FOSTER, BRADLEY D. 168.36 98.49 69.87 09/15/2000 68.64 - none 22.1618.1 FOWERS, JOHN 236.93 1 08.71 128.22 09/18/2000 93.62 - none 22.1182.1 FOWZER, SUSAN 199.46 127.57 71.89 08/24/2000 71.89 - none 2.5840.1 FRANK,GARY 149.31 99.05 50.26 1 0/12/2000 30.00 - none 74.0350.1 FRANK, GARY E 70.44 42.00 28.44 09/18/2000 100.00 - none 51.3226.1 FREITAS, DANIEL 54.64 30.56 24.08 09/18/2000 22.24 - none 50.3754.1 FRENCH, LAWRENCE 276.52 80.99 68.36 97.88 29.29 08/28/2000 50.00 - none 72.0210.1 FRITZMEIER, RANDY 265.79 95.38 170.41 08/15/2000 123.05 - none 51.0120.1 FRONTIER TIRE 434.07 213.18 220.89 08/23/2000 171 .10 - none 34.2856.1 FROST ROM, ED & KATHY 290.01 146.32 143.69 08/17/2000 188.66 - none 33.4258.1 FROSTROM, STEVE & TERRI 129.45 66.12 63.33 09/14/2000 62.51 - none 32.1542.1 FUHRMAN, JOSHUA 179.03 92.06 86.97 09/20/2000 58.68 - none 1.3520.1 FUHRMAN, KENT 337.76 152.33 144.62 40.81 09/05/2000 170.00 - none 74.1316.1 FULLER, NORMAN 1 09.44 1 09.44 10/19/1999 122.07 - none 1.1090.2 FULLMER, TRAVIS 100.67 58.27 42.40 09/12/2000 53.60 - 21.1014.1 FUNK, DAVID 208.91 116.92 91.99 09/21/2000 78.46 - none 32.0676.1 GAINOR, THOMAS & DIA 217.92 60.64 67.69 89.59 09/08/2000 50.00 - none *u in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Oct 17,2000 02:31 pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 34.1986.1 GALLEGOS, GARY 79.56 59.41 20.15 10/02/2000 50.00 - none 31.0012.1 GAMBLIN, MICHAEL & MICHELE 54.64 30.56 24.08 08/16/2000 48.16 - none 42.1138.2 GARDNER,BRENDON 121.58 56.65 64.93 08/18/2000 50.33 - 22.0476.1 GARDNER, LAWRENCE 187.05 1 01 .49 85.56 09/19/2000 102.00 - none 50. 1198. 1 GARDOSKI, WILLIAM 116.14 47.78 68.36 09/22/2000 62.21 - none 69.0390.1 GARDUNO, DENNIS 82.49 39.40 43.09 09/19/2000 61.35 - none 21.3048.2 GARLICK, LEWIS 501.52 257.73 159.00 84.79 09/27/2000 50.00 - 74.3248.1 GARNER, KELLEY 93.58 45.39 48.19 09/11/2000 40.00 - none 33.2302.1 GARRARD,DALE 64.48 31.79 32.69 09/18/2000 27.77 - none 21.0234.3 GARRETT, DAMON 178.72 83.99 94.73 08/09/2000 125.93 - 20.1726.1 GARRIGUS, SCOTT 171 .34 91.37 79.97 08/09/2000 115.66 - none 32.1384.2 GATES, KEN 71.47 39.59 31.88 08/18/2000 54.48 - 1.0450.3 GATES, TERESA 81.76 30.56 15.89 35.31 08/04/2000 58.16 - 2.0950.1 GAYTHIWAITE, RITCHIE & SUSAI 183.40 104.78 78.62 09/18/2000 79.85 - none 72.0280.1 GElS, ADAM 61.65 30.21 31.44 09/18/2000 47.49 - none 31.3258.1 GEORGE, ROBERT 82.54 45.74 36.80 08/30/2000 36.80 - none 2.2480.1 GILBERT, CARL 170.04 96.87 73.17 09/19/2000 92.85 - none 32.0732.1 GLASER, DELMAR 151 .66 79.07 72.59 08/15/2000 161.17 - none 50.2214.1 GLENCOE, S ANN 54.64 30.56 24.08 08/31/2000 24.08 - none 14.4462.1 GLENN JOHNSON 60.33 38.36 15.49 6.48 07/18/2000 2.16 - 35.1032.1 GLENN JOHNSON 87.37 38.36 31.88 17.13 07/18/2000 9.20 - 35.1156.1 GLENN JOHNSON 88.19 38.36 31.88 17.95 07/18/2000 9.41 - 35.1024.1 GLENN JOHNSON 87.37 38.36 31.88 17.13 07/18/2000 9.20 - 22.2096.1 GLENN JOHNSON HOMES 88.72 40.56 24.08 24.08 07/18/2000 65.52 - 35.0139.1 GLENN JOHNSON HOMES 101.02 47.94 29.00 24.08 07/18/2000 77.72 - 4.2160.2 GLUMM, DENNIS 300.81 171 .48 129.33 09/19/2000 88.74 - 21.2790.1 GORRINGE, BENNY 112.46 58.16 54.30 09/20/2000 46.76 - none 74.2574.2 GOSLIN, CRAiG 144.27 66.60 77.67 09/18/2000 83.59 - 31.3374.1 GOULDING, PAULINE 117.88 43.28 74.60 08/21/2000 41.72 - none 21.0996.1 GOURLEY, KRISTEN 140.88 59.11 81.77 09/19/2000 95.00 - none 33.0102.1 GRAND AUTO 219.54 113.01 1 06.53 09/28/2000 106.53 - none 14.5004.1 GRANDVIEW HOMES 54.64 30.56 24.08 08/23/2000 24.08 - 32.1256.2 GRASS, JOYCE 77.62 40.82 36.80 09/18/2000 32.49 - 2.3250.1 GREEN, JAY 68.01 44.09 23.92 08/18/2000 65.55 - none 33.1836.1 GREENE,L1SA 137.44 112.97 24.47 10/02/2000 84.00 - none 34.2126.1 GRIGG, DANA K 158.24 89.74 68.50 08/15/2000 103.84 - none 15.0055.2 GRIZZLE, BILL 110.72 63.52 47.20 09/19/2000 62.12 - 21.2712.2 GROSS, ROBERT 84.94 84.94 42. 1242. 1 GROVES, AMY 80.99 45.58 35.41 08/15/2000 36.64. none 69.0206.3 GROVES, CRAIG 62.53 33.11 29.42 32.1168.1 GULBIS, ANTHONY 127.38 69.39 57.99 09/18/2000 54.30 - none 74.0074.1 HACKING, DALE 92.44 36.38 56.06 09/12/2000 42.53 . none 50.0286.1 HACKNEY, ANTHONY 58.33 30.56 27.77 08/14/2000 56.77 - none 2.2250.1 HADLEY, TRUDIE 79.17 58.99 20.18 09/19/2000 75.00 - none 4.2144.1 HALDEN,DARYL 356.90 254.26 102.64 09/20/2000 92.80 w none 74.2582.1 HALE, RICK 61.37 30.07 31.30 09/12/2000 36.22 - none 50.1512.1 HALL, LEO 156.37 61.13 95.24 09/19/2000 102.62 - none 33.2338.1 HAMIL TON, TRACEY 175.14 70.90 104.24 09/19/2000 50.55 - none 46.0434.1 HAMMONS, KEVIN 79.24 47.78 31 .46 08/28/2000 63.08 - none 74.2662.1 HANSEN, DAVID 165.85 68.78 97.07 08/29/2000 169.22 - none 21.1116.1 HANSEN, JEFFREY 154.65 103.67 50.98 08/29/2000 100.00 - none 1.1470.2 HANSON, STEVE 147.10 122.24 24.86 1.1430.2 HANSON, STEVE 147.10 122.24 24.86 42.2356.1 HARP, GREGORY 392.24 188.29 203.95 09/18/2000 180.58 - none 51.0518.3 HARRELL, BRIAN 650. 17 109.70 86.00 67.55 386.92 08/04/2000 100.00 - -.. in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Oct 17,2000 02:31 pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 42.1820.1 HARRINGTON-BLACK, JODY 81.66 35.46 46.20 09/20/2000 31.44 - none 33.2274.1 HARRIS, GABRIEL & MELANIE 148.56 62.68 85.88 08/16/2000 96.41 - none 74.3528.1 HART, SHAWN 238.45 34.18 34.18 34.18 135.91 04/20/2000 41.70 - none 74.2908.1 HARTSOCK, JAMES G. 114.64 54.86 59.78 08/24/2000 58.55 - none 21.1780.1 HARTSOOK, EDWIN 104.28 75.44 28.84 09/07/2000 27.61 - none 42.2734.1 HARWARD, PAUL 231.78 124.05 107.73 09/19/2000 116.34 - none 4.1887.1 HAVEN COVE HOMEOWNERS A: 349.92 226.80 123.12 09/13/2000 94.26 - none 42.2366.1 HAWK, FRANCIS 201 .33 115.59 85.74 09/20/2000 30.97 - none 32.1388.1 HAYHURST,MARVA 70.24 38.36 31.88 09/06/2000 31.88 - none 51.0326.1 HAYMOND, DAVID A 94.00 34.25 59.75 09/13/2000 90.63 - none 33.4246.1 HELFERICH, ROGER 68.90 41.91 26.99 09/20/2000 25.00 - none 31.0618.2 HENDERSON, BRENDA 146.65 98.49 48.16 10/16/2000 50.00 - 42.3118.1 HENDERSON, CHRIS 131.81 69.76 62.05 08/28/2000 107.56 - none 34.1542.1 HENRY, BRAD 62.13 40.68 21 .45 09/18/2000 40.00 - none 2.6830.1 HENSEN, JAMES & RENA 183.08 119.38 63.70 09/13/2000 54.02 - none 34.1536.1 HERNANDEZ, WILLIAM 104.29 57.23 47.06 08/21/2000 50.75 - none 1.3300.1 HERSEY, CLIFF 441.19 339.95 101.24 08/24/2000 96.32 - none 1.3260.1 HERSEY, RICHARD 377.23 183.74 193.49 08/24/2000 143.06 - none 3.0036.2 HESTER, CHRISTINE 190.46 140.29 50.17 09/18/2000 15.28 - 3.0094.2 HESTER, CHRISTINE A 79.08 39.01 38.68 1.39 09/18/2000 43.60 - 74.0384.1 HESTER, lL YOD & SHERRY 104.39 46.66 57.73 09/21/2000 63.88 - none 4.0566.1 HIGH DESERT CONSTRUCTION 68.59 68.59 1.0920.1 HOFFMAN, JON C 136.94 71.71 65.23 09/20/2000 85.16 - none 5.0722.1 HOLLEY, DAVID 215.70 122.16 93.54 09/20/2000 143.49 - none 32.1456.1 HOLLINGSHEAD, BRETT 100.43 56.53 43.90 09/18/2000 41.44 - none 74.1014.2 HOLLOWAY, JERAlD 87.13 52.79 34.34 08/08/2000 27.78 - 33.4346.1 HOLLOWAY, RON & PAIGE 239.66 143.72 95.94 09/27/2000 75.00 - none 51.4250.1 HOME PRO PLUMBING 238.38 123.66 114.72 09/08/2000 352.67 - none 74.1174.1 HOPE ARMS APARTMENTS 136.48 115.41 21.07 09/25/2000 122.79 - none 74.1162.1 HOPE ARMS APARTMENTS 125.68 90.92 34.76 09/25/2000 90.92 - none 74.1218.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 09/25/2000 67.52 - none 74.1222.1 HOPE ARMS APARTMENTS 555.18 464.34 90.84 09/25/2000 760.77 - none 74.1146.1 HOPE ARMS APARTMENTS 3,012.14 687.52 687.52 687.52 949.58 09/28/2000 687.52 - none 74.1202.1 HOPE ARMS APARTMENTS 169.92 82.98 86.94 09/25/2000 87.90 - none 74.1198.1 HOPE ARMS APARTMENTS 216.74 148.09 68.65 09/25/2000 162.85 - none 31.3458.1 HOPKINS, DARRYL 74.99 42.05 32.94 08/16/2000 85.00 - none 2.3832.1 HOW ARD, FERN l. 276.10 144.98 131.12 08/09/2000 94.96 - none 32.0666.1 HOWELL, CHRIS & APRIL 153.88 66.65 87.23 09/19/2000 71.24 - none 33.2652.1 HOWELL, KATHLEEN 103.17 62.82 40.35 09/18/2000 36.85 - none 34,0388.1 HOWORTH, CHARLES & GAIL 185.30 104.50 80.80 08/29/2000 77.11 - none 19.6554.2 HSU, TOMAS & GUADALUPE 72.69 46.97 25.72 65.0708.1 HUDDLESTON, CODY 85.91 48.04 37.87 08/18/2000 37.87 - none 3.0838.1 HUNEMILLER, KAREN 74.00 35.32 38.68 09/06/2000 82.60 - none 31.3402.1 HUNT,HEATH 71.77 41.63 30.14 09/20/2000 50.00 - none 20.1894.2 HUSTON,ADDY 141 .50 41.47 32.53 36.22 31.28 07/19/2000 68.00 - 21.0470.1 HYVONEN, CLARK 65.99 36.85 29.14 09/08/2000 99.28 - none 35.0227.1 ICON CONSTRUCTION 62.49 38.36 15.49 6.48 2.16 50.1606.1 INTEGRITY LLC 128.96 68.50 60.46 09/01/2000 69.07 - none 50.1 018. 1 JACOBS, JOHN 117.86 61.72 56.14 08/15/2000 108.59 - none 50.4506.1 JACOBSON, BETTY B. 115.40 60.56 54.84 09/19/2000 40.06 - none 32.1552.1 JAKOMEIT, MICHAEL 72.42 40.68 31.74 08/29/2000 34.20 - none 33.0388.1 JAMES COURT APTS 194.87 115.60 79.27 09/08/2000 44.83 - none 33.0400.1 JAMES COURT APTS 191.71 106.97 84.74 09/08/2000 41.60 - none 33.0408.1 JAMES COURT APTS 691.25 401.68 289.57 09/08/2000 52.00 - none 33.0386.1 JAMES COURT APTS 160.96 93.44 67.52 09/08/2000 67.52 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Oct 17,2000 02:31 pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 33.0396.1 JAMES COURT APTS 153.61 103.58 50.03 09/08/2000 21.57 - none 33.0390.1 JAMES COURT APTS 577.40 341.92 235.48 09/08/2000 20.80 - none 33.0358.1 JAMES COURT APTS 1,544.10 835.44 708.66 09/08/2000 496.00 - none 33.0382.1 JAMES COURT APTS 107.15 60.67 46.48 09/08/2000 50.17 - none 33.0374.1 JAMES COURT APTS 218.27 1 26.40 91.87 09/08/2000 91.87 - none 33.0394.1 JAMES COURT APTS 160.96 93.44 67.52 09/08/2000 41.60 - none 33.0380.1 JAMES COURT APTS 160.96 93.44 67.52 09/08/2000 67.52 - none 33.0376.1 JAMES COURT APTS 89.37 53.01 36.36 09/08/2000 37.59 - none 33.0366.1 JAMES COURT APTS 840.12 527.40 312.72 09/08/2000 39.00 - none 33.0362.1 JAMES COURT APTS 162.19 94.67 67.52 09/08/2000 41.60 - none 33.0370.1 JAMES COURT LN 167.11 99.59 67.52 09/08/2000 41.60 - none 2.2566.2 JAMES JOHNATAKIS 145.79 86.59 59.20 08/08/2000 61 .66 - 35.0160.1 JARVIS, DON & RUTH 72.70 39.59 33.11 08/23/2000 28.60 - 35.1202.2 JEFFREY BELL 74.84 38.36 31.88 4.60 50.2096.1 JEFFS, GEORGE & PATTY 97.97 52.84 45.13 08/14/2000 46.36 - none 72.0272.1 JENSEN,BRAD 537.07 243.32 293.75 09/13/2000 261.93 - none 69.0678.1 JENSON, WILLIAM 153.26 85.72 67.54 09/26/2000 60.00 - none 21.2830.1 JESSEE, KEVIN 66.90 36.69 30.21 09/05/2000 44.26 - none 42.2432.1 JOHNSON, MARIL YN 128.05 69.11 58.94 09/12/2000 51.56 - none 34.0390.2 JOHNSON, PETER 219.97 96.01 109.21 14.75 19.0098.1 JOHNSON, SAMUEL 1 07.38 59.39 47.99 08/24/2000 49.22 - none 2.1890.2 JOHNSON, STEVEN 105.4 7 49.71 48.15 7.61 09/18/2000 40.00 - 33.3720.1 JOHNSON, TONY 69.40 35.48 33.92 09/14/2000 31.46 - none 51.3090.2 JONES, DAVID 70.30 37.16 33.14 22.0330.1 JONES, ELDON & LORI 294.51 149.88 144.63 09/15/2000 99.28 - none 22.1418.1 JONES, GEOFF 175.30 104.50 70.80 09/21/2000 120.00 - none 50.2354.1 JONES, LARA 75.16 40.82 34.34 09/20/2000 86.22 - none 35.1166.2 JONES. LORETTA 74.36 38.36 31.88 4.12 20.1988.1 JONES, SYLVIA 363.79 184.52 179.27 09/15/2000 166.97 - none 33.2750.1 JORDAN, JOHN L 69.36 37.92 31.44 08/23/2000 31.44 - none 35.0187.2 JOSEY, PATRICIA 92.64 38.36 36.80 1 7.48 34.0812.1 KAUTZ, KARL & LORRAINE 220.50 114.90 105.60 09/19/2000 82.00 - none 5.0270.2 KEEN,RYAN 218.91 149.06 69.85 09/22/2000 90.76 - 50.4638.1 KEENE, JAMES 241.09 137.72 103.37 09/11/2000 191.12 - none 42.1930.1 KEGAN, ROSE MARIE 139. 19 68.53 70.66 09/19/2000 37.45 - none 46.0626.1 KEGEL, JESSE 77.90 40.96 36.94 08/21/2000 35.71 - none 34.3212.1 KERBS, DAVID 145.66 79.76 65.90 08/29/2000 46.22 - none 34.0712.1 KERBY, DAVID & CONNIE 180.55 94.13 86.42 09/06/2000 75.35 - none 21.2122.3 KERN, SCOTT 76.74 42.84 33.90 09/19/2000 32.66 - 4.1614.1 KINCAID, GEORGE & LAURA 259.01 162,88 96.13 09/19/2000 117.04 - none 33.4348.1 KINGSTON, CHARLES 168.40 89.74 78.66 09/18/2000 110.00 - none 34.1544.1 KINGSTON, WILLIAM 71.82 35.46 36.36 08/29/2000 30.21 - none 3.0024.1 KINNEY, KIMIKO 120.35 78.79 41.56 09/20/2000 36.64 - none 5.0342.1 KIRBY, GREGORY & KAREN 180.27 102.18 78.09 09/19/2000 50.00 - none 50.2116.1 KIRKMAN, T.R. & JAMIE 55.87 30.56 25.31 09/18/2000 35.31 - none 74.3358.1 KLEIN, DANIEL & MARIL YN 48.43 26.38 22.05 10/02/2000 20.00 - none 42.2712.2 KNAPP, JR., JERRY 116.66 66.49 50.17 08/18/2000 1 26. 1 7 - 74.0342.3 KNOWL TON. KIMBERLY 93.44 48.03 45.41 09/20/2000 20.57 - 21.0466.2 KORBER. GERALD 54.56 30.56 24.00 09/26/2000 24.01 - 21.0462.2 KORBER, GERALD 195.59 112.72 82.87 08/23/2000 130,23 - 19.6642.1 KRENZ,ROY 79.36 47.92 31.44 09/21/2000 31.07 - none 51.0770.1 KURDY, PATRICK 112.24 59.36 52.88 09/12/2000 52.88 - none 51.0766.1 KURDY. PATRICK 160.94 78.71 82.23 08/16/2000 144.46 - none 50.1750.1 LACY.MEL 105.24 57.09 48.15 08/24/2000 53.07 - none 22.0338.1 LAMKEY, ALLEN 145.87 67.05 78.82 09/18/2000 62.00 - none *** in Msg column indicates no Notice is to be sent ( ! CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Oct 17,2000 02:32pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 4.1776.1 LANSING, BUD 297.95 134.28 163.67 09/20/2000 84.82 - none 42.3000.1 LARAWAY, L. CHRISTOPHER 66.90 36.69 30.21 08/15/2000 67.80 - none 21.3018.1 LARSON, GORDON 102.46 55.70 46.76 09/19/2000 49.22 - none 33.0108.1 LARSON, TIMOTHY 55.99 55.99 05/19/2000 25.00 - none 2.4990.1 LAUFENBERG, JIM & TAMMIE 142.26 99.44 31 .46 11.36 05/17/2000 56.43 - none 50.1998.1 LEATHAM, STANLEY & LAURA 87.18 43.14 44.04 09/15/2000 27.06 - none 42.4046.1 LEMA, ADAM M. 127.44 33.61 51.30 42.53 08/18/2000 36.38 - none 31.3354.1 LEONARDSON, ELIZABETH 55.74 30.56 25.18 08/23/2000 50.00 - none 42.2278.1 LEQUERICA, CINDY 196.89 99.84 97.05 08/03/2000 161.20 - none 21.1480.2 LESTER,BETTE 211.42 113.79 97.63 09/19/2000 86 AO - 34.2852.1 LEVELL, SUZANNE 308.52 195.38 109.11 4.03 09/18/2000 100.00 - none 31.3382.1 LEVITT, MONTE 125.15 62.94 62.21 09/26/2000 70.82 - none 34.1074.1 LEWIS, LANNY 57.10 31.79 25.31 08/11/2000 51.85 - none 33.2278.1 LEWIS, RIK & CAROL 101.15 54.35 46.80 09/18/2000 36.80 ~ none 34.1754.1 LIEBERMAN, DAVID 200.62 115.85 84.77 09/11/2000 65.02 - none 42.0446.1 LINDQUIST, MICHAEL 187.26 99.33 87.93 09/13/2000 85.4 7 - none 33.3658.1 LINDSAY-CROTEAU, LAURA 54.64 30.56 24.08 06/13/2000 72.24 - none 20.1848.1 L1NGEL, DWAYNE 258.67 150.41 1 08.26 08/24/2000 93.50 - none 4.1562.2 LONGSTREET, GARRET 152.65 103.55 49.10 34.0814.1 LONGWORTH, ERIC 254.30 157. 28 97.02 09/18/2000 80.00 - none 2.4270.1 LORD, LARRY R. 125.51 79.92 45.59 09/22/2000 28.00 - none 40.0364.1 lOTHROP, ROBERT 77.06 41.77 35.29 08/11/2000 79.19 - none 21.3134.1 LOVE, JAMES & ELIZABETH 274.42 198.26 76.16 09/18/2000 79.86 - none 21.2636.1 LUCERO, ROBERT & TRACY 212.04 117.87 94.17 08/24/2000 44.28 - none 32.0612.1 LUGO IV, JULIAN 361 .99 138.89 223.10 09/18/2000 60.63 - none 32.1320.1 LUKE, DAVID C 78.01 49.01 29.00 09/20/2000 27.77 - none 74.2614.1 MACKRILL, MICHAEL 237.92 88.16 149.66 .10 09/18/2000 95.44 - none 74.3504.1 MADDOX, DALLAS 66.89 30.37 36.52 09/01/2000 34.06 - 34.1684.1 MADINGER, WILLIAM 152.37 93.57 58.80 09/01/2000 63.72 - none 19.0100.2 MAISANO, ARLEEN 54.64 30.56 24.08 09/14/2000 24.08 - 5.0268.1 MANOS, PETER 631.70 181.30 174.82 172.36 103.22 08/15/2000 300.76 - none 74.2642.1 MANWARING, MARK 227.47 85.98 141.49 09/21/2000 146.25 - none 51.0486.1 MARCH, RICHARD 122.46 59.55 62.91 08/23/2000 64.14 - none 69.1380.2 MARONCIK, STEVE 185.57 139.84 45.73 09/27/2000 120.00 - 65.0472.1 MARQUARDT, MICHAEL 96.07 59.27 36.80 08/15/2000 73.60 - none 33.1850.1 MARSHALL, GARY & BOBETTE 78.44 45.44 33.00 09/19/2000 40.00 - none 4.0834.2 MARTIN, STEVEN 71.86 41.63 30.23 09/13/2000 27.77 - 2.2280.1 MASLEN, JENNY 85.55 50.40 35.15 09/21/2000 30.85 - none 34.1244.1 MATHESON, DAVID 78.85 43.28 35.57 09/18/2000 34.34 - none 50.4821.1 MAWS #3 - SPRINLKER 105.30 61.56 43.74 4.1626.1 MAXEY, SHANE & MICHELLE 180.63 99.57 81.06 09/26/2000 90.90 - none 74.3208.1 MCCULLOUGH, JIM 92.40 32.67 59.73 09/19/2000 54.81 - none 4.1698.1 MCDONALD, TONY & TRUDY 288.07 160. 11 127.96 09/18/2000 114.27 - none 3.0314.2 MCDOUGAL, MIKE 128.40 66.21 62.19 09/19/2000 57.27 - 3.0382.1 MCENROE, JOHN & AGATHA 235.58 140.71 94.87 09/07/2000 88.72 - none 50.0400.2 MCFADDEN, CLEORA 123.16 43.02 37.61 42.53 08/03/2000 24.08 - 1.0080.1 MCFADDEN, ClEORA 90.4 7 46.71 43.76 09/25/2000 37.61 - none 1.0090.2 MCFADDEN, CLEORA 168.79 57.67 48.52 33.76 28.84 06/15/2000 101.60 - 68.0098.1 MCGilVERY, BELINDA 1 31 .40 40.47 47.85 43.08 09/01/2000 60.00 - none 31.3242.1 MCGOWAN, DAVID E. 143.76 73.89 69.87 09/19/2000 61.26 - none 5.0446.1 MCGRATH, MICHAEL 181.13 159. 18 21.95 10/04/2000 100.00 - none 34.1972.1 MCKEE. LESLIE 255.93 147.81 1 08.12 09/18/2000 114.27 - none 21.1148.2 MCKINLEY, JUNE 246.12 220.40 25.72 31.2192.1 MCMilLAN, VICKI 292.32 185. 15 107.17 09/21/2000 73.96 - none 2.4500.1 MCNETT, DARREN 107.42 58.18 49.24 09/19/2000 48.01 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Oct 17,2000 02:32pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 50.2444.1 MCNITT, STEVE & TRACY 128.68 62.66 66.02 09/19/2000 62.33 - none 32.0672.1 MCVEY, DOUGLAS & KATHLEEN 131 .90 77.88 54.02 09/20/2000 55.25 - none 42.1818.1 MCWILLIAMS, STEWART 99.72 55.56 44.16 08/08/2000 44.16 - none 74.2636.1 MEAD, CHRIS 122.52 52.65 69.87 09/13/2000 78.64 - none 50.3726.1 MEATTE, NICKlE 112.34 54.49 57.85 09/19/2000 71.38 - none 50.0326.1 MEEK, JEANNE ANN 54.64 30.56 24.08 09/19/2000 34.61 - none 34.0968.2 MEHOLCHICK, VICKY 219.53 103.81 108.56 7.16 09/12/2000 100.00 - 1.2730.1 MELLEN, ANGELA 151.46 72.82 78.64 09/20/2000 56.34 - none 21.1132.1 MEL TON, GARY 254.30 146.46 107.84 09/20/2000 54.95 - none 52.1100.1 MERIDIAN SPEEDWAY 1,513.43 1,213.13 300.30 09/25/2000 725.50 - none 52.1090.1 MERIDIAN SPEEDWAY 4,598.49 3,507.32 1,091.17 09/25/2000 1,711.33 - none 21.0094.1 METIVIER, JAMES 82.45 47.90 34.55 09/06/2000 40.00 - none 2.2030.1 MEYER, VIRGINIA 54.70 30.59 24.11 09/19/2000 26.91 - none 4.0888.1 MICHAEL CAMPBELL CONSTRU( 159.56 87.94 71.62 08/29/2000 65.4 7 - none 31.3032.2 MILLER, CHARLIE 272.75 67.86 114.13 90.76 08/16/2000 25.74 - 42.2118.1 MILLER, JIM & SANDI 141.54 76.47 63.84 1.23 09/08/2000 63.84 - none 42.0374.2 MILLER, LARRY 175.18 87.14 88.04 09/18/2000 81.89 - 31.0568.1 MILLER, NEIL 218.69 84.31 134.38 09/21/2000 80.00 - none 2.5040.1 MITCHELL, BARRY D 223.67 137.83 85.84 09/18/2000 87.08 - none 34.0580.1 MOFFAT, ROBERT 58.33 31.79 26.54 08/11/2000 54.31 - none 21.2820.1 MOGEL, BRYAN 98.60 72.22 26.38 08/15/2000 26.38 - none 34.0904.2 MOLENAAR, DIANA 339.33 71.43 267.90 09/15/2000 174.42 - 4.1166.1 MOLINAR, MANUEL 60.4 7 32.86 27.61 08/10/2000 26.38 - none 33.4264.2 MOMA, MICHAEL 69.68 38.08 31.60 09/15/2000 30.37 - 21.3024.1 MONTEE, KEN 208.24 123.35 84.89 09/19/2000 69.19 - none 74.2832.1 MOONEY, KEVIN 101.85 49.08 52.77 08/15/2000 119.07 - none 69.0666.1 MOORE, K. DWAYNE & LINDA 146.24 60.82 85.42 09/18/2000 71.89 - none 32.0816.1 MOORE, RICK T. 225.78 125.97 99.81 09/20/2000 92.43 - none 4.1634.1 MOORE, RUSSELL C 117.37 76.07 41.30 08/10/2000 76.45 - none 31 .1264. 1 MORGAN, BRENT & JEAN 104.12 56.53 47.59 09/13/2000 51.28 - none 2.1290.2 MORGAN, DANIEL 182.01 107.08 74.93 08/28/2000 96.56 - 50.4296.1 MORRIS, COLE & TRAVIS 214.54 158.48 56.06 08/29/2000 46.22 - none 74.2496.1 MORRIS, ROCKY 137.19 77.53 59.66 09/21/2000 100.00 - none 34.1026.1 MORRISON, DWAYNE 247.64 115.99 131.65 09/27/2000 113.20 - ***none 21.3296.1 MORRISON, DWAYNE & VICKI 179.04 103.83 75.21 09/14/2000 96.12 - none 42.1978.1 MORSE, DAVID & SHELLEY 85.39 39.17 46.22 09/19/2000 43.76 - none 1 .4501 . 1 MORTENSEN CONSTRUCTION 659.62 11.62 183.06 315.90 149.04 06/13/2000 2.09 - 2.0526.1 MOSSI, DAVID L 312.89 193.51 119.38 08/15/2000 328.97 - none 50.4016.2 MOUL TON, CHAD 101.06 41.47 59.59 08/14/2000 52.76 - 34.0500.1 MOURITSEN, LAYNE 304.38 160.43 143.95 09/20/2000 127.96 - none 65.0384.1 MUCK, JIM 78.25 44.21 34.04 09/07/2000 31.58 - none 50.0136.1 MUGELE, NICK 198.04 107.26 90.78 09/20/2000 63.72 - none 69.1258.2 MUL TERER, JAMES 158.36 60.01 98.35 09/11/2000 25.00 - 34.1686.1 MURPHY, JACK 233.71 118.17 115.54 08/16/2000 195.09 - none 72.0270.1 MURPHY, TRUDY 69.98 28.84 41.14 08/21/2000 47.29 - none 21.1068.1 MURRAY, JOHN 138. 1 0 114.48 23.62 09/19/2000 142.00 - none 14.5037.2 NASH, TIERA 164.27 48.04 116.23 09/28/2000 200.00 - 32.1606.2 NASIATKA, JEFFREY 54.95 30.56 24.39 09/19/2000 25.00 - 5.0816.1 NAVA,BENNY 191.41 115.55 75.86 08/15/2000 74.63 - none 20.1692.2 NEEDS,STEVEN 206.79 81.11 125.68 09/19/2000 110.00 - 68.0086.1 NEITZEL, KENNETH & HEIDI 87.37 44.30 43.07 08/17/2000 47.99 - none 50.2150.1 NELSON, RYAN & JILL 111 .78 40.68 71.10 09/19/2000 180.01 - none 74.2442.1 NESMITH, JOHN 117.28 59.87 57.41 09/20/2000 57.41 - none 51.4110.2 NESMITH, STEVE 77.62 44.51 33.11 09/18/2000 41 .44 - 2.1990.1 NEWBERRY, RICHARD 95.51 55.30 40.21 09/18/2000 45.13 - none *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Oct 17,2000 02:32pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 20.1944.1 NEWBOLD, GARY C. 98.60 55.42 43.18 09/20/2000 50.00 - none 3.0660.1 NEWHOUSE, RAYMOND & TINA 72.85 48.20 24.65 08/15/2000 60.00 - none 1.3200.1 NEWKIRK, MARYANN 90.31 55.16 35.15 09/20/2000 43.76 - none 22.1290.1 NIGH, MICHAEL 231 .64 145.91 85.73 09/13/2000 75.00 - none 31.0726.1 NITZ, JASON 165.85 125.78 40.07 09/20/2000 71.53 - none 4.2294.2 NOBLE, ROBERT 273.48 173.27 100.21 09/20/2000 111 .44 - 21.0498.1 NOLAND, SHAWN 85.67 44.23 41 .44 09/19/2000 40.21 - none 50.1460.1 NORTHVIEW BUSINESS CENTEF 126.80 76.16 50.64 06/20/2000 69.68 - none 2.1530.1 OBENCHAIN, JAIME 116.31 69.39 46.92 08/14/2000 60.45 - none 20.1396.1 OGLESBEE, DAVID & MARITA 169.48 90.44 79.04 09/18/2000 72.92 - none 72.0174.1 O'LEARY, LORI 127.28 65.90 61.38 09/21/2000 55.00 - none 46.0798.1 OVERSETH,TEENA 1 01 .38 51.47 49.91 08/17/2000 60.46 - none 51.3430.1 OVERTON, DAVID C 188. 13 72.52 115.61 09/14/2000 50.00 - none 13.2094.2 OVERY, ROBBY 193.62 40.54 132.88 20.20 50.3898.1 OWEN, KEVIN 137.92 41.91 52.65 32.97 10.39 09/18/2000 66.00 - none 32.0818.1 OWSLEY, LINDA LOU 85.95 44.37 41.58 09/11/2000 44.04 - none 1.3320.1 PACK,RAY 52.24 29.36 22.88 09/18/2000 22.88 - none 4.1982.1 PACKER, JOSEPH 149.00 80.83 68.17 08/24/2000 67.00 - none 22.1556.1 PACKHAM, JEFFREY & CATHY 114.19 88.79 25.40 10/02/2000 59.37 - none 31.3504.1 PADDOCK, LINDA 247.20 153.56 93.64 08/17/2000 32.69 - none 21.2230.1 PAGE, LINDA 69.08 36.55 32.53 09/18/2000 31.21 - none 32.0638.2 PALMER, PAT 196.25 94.80 47.73 53.72 09/20/2000 20.00 - 31.3280.1 PALMER, PAT 197.94 109.59 88.35 09/20/2000 149.64 - none 21.0114.1 PARKE, KIRBY 157.86 79.63 78.23 08/16/2000 67.00 - none 21 .3011 . 1 PARKWOOD MEADOWS HOMEC 495.72 306.18 189.54 08/25/2000 153.90 - none 32.1700.1 PASTIAN, BRYON 212.37 145.25 67.12 09/21/2000 100.00 - none 74.3970.1 PATE, ERIC & LINDA 53.99 26.38 27.61 08/15/2000 52.76 - none 19.6616.1 PAUL, BRIAN 74.84 40.66 34.18 08/18/2000 36.92 - none 51.3134.1 PAUL'S SERVICE 442.77 336.78 105.99 08/15/2000 105.99 - none 4.0522.1 PEACOCK, ROBERT 69.24 42.86 26.38 09/20/2000 22.60 - none 74.2522.1 PEARSON, KEVIN 175.03 95.59 79.44 08/15/2000 59.37 - none 15.0048.2 PEBBLES-KORBER, GAIL 72.02 38.22 33.80 09/20/2000 30.00 - 21.3160.1 PETERSEN, DOUGLAS & JENNIF 256.60 161 .06 95.54 09/18/2000 84.31 - none 22.1430.2 PETERSON, ERIC 219.07 119.54 99.53 09/12/2000 34.34 - 74.2616.1 PETERSON, NOEL & MARTA 62.43 38.68 23.75 09/21/2000 50.00 - none 19.1184.2 PETERSON, PHILLIP 70.24 38.36 31.88 08/18/2000 93.57 - 42.3006.1 PHILLIPS, DANA 62.93 36.55 26.38 09/14/2000 31.30 - none 32.1636.1 PHILLIPS, ERNEST 78.85 44.51 34.34 09/19/2000 35.57 - none 74.3000.1 PHILLIPS, RICHARD 78.08 42.81 35.27 09/20/2000 37.73 - none 31.0776.1 PIEPMEYER, THOMAS 170.26 79.76 90.50 09/15/2000 84.35 - none 2.6010.1 PIEPMEYER, TOM 170.21 100.00 70.15 .06 09/15/2000 75.01 - none 4.1646.1 PIKE, BRETT & ANGIE 206.49 119.40 87.09 09/20/2000 77.25 - none 34.2832.1 PINE STREET DEVELOPMENT 160.42 83.45 76.97 09/19/2000 75.74 - none 1 .0316.1 PIPCO LLC 136.75 70.08 66.67 08/24/2000 29.57 - 34.1220.1 PIPER, GLENN 57.10 31.79 25.31 09/08/2000 29.00 - none 2.1870.1 PIPER, LARRY 75.55 41.63 33.92 09/19/2000 44.99 - none 32.0900.1 PITMAN, DOUGLAS 179.32 81.83 97.49 09/11/2000 72.89 - none 32.1420.1 PLASTER, KURTIS & ELIZABETH 73.30 41.91 31.39 08/10/2000 32.00 - none 22.1344.1 PLOTT, JOHN 159.45 92.46 66.99 10/12/2000 67.00 - none 2.3340.1 POEt RICHARD 199.30 123.09 76.21 09/29/2000 100.00 - none 42.2336.1 POGUE, LISLE & VICKI 154.23 83.43 70.80 08/23/2000 58.50 - none 21.1942.1 POOL, JAMES H. 211 .26 1 08.87 102.39 09/20/2000 85.17 - none 35.1232.2 POORE, MICHAEL 73.65 40.66 32.99 69.0522.1 PORTER, DOUGLAS 137.00 56.20 80.80 09/15/2000 74.65 - none 21.2604.1 PORTER,RODNEY 189.23 103.39 85.84 09/20/2000 87.07 - none H* in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 12 Standard Payment Customers Oct 17,2000 02:33pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 34.3254.2 POULSEN, BRIAN 197.08 90.97 106.11 09/20/2000 65.00 - 50.2402.1 POWELL, RANDY 113.86 57.23 56.63 09/19/2000 51.00 - none 31.1010.1 PRADO, RIGOBERTO 89.04 51 .45 37.59 08/15/2000 35.13 - none 4.1886.1 PRESCOTT,RANDY 172.45 92.46 79.99 09/14/2000 73.68 - none 4.2320.1 PRIGGE, ROBERT & JOAN 268.55 154.12 114.43 09/21/2000 98.51 - none 74.2456.1 PRINCE, MALCOM & TINA 186.61 87.77 98.84 08/09/2000 140.66 - none 74.3418.2 PRINDLE, SHELL Y 97.13 48.03 49.10 09/21/2000 41 .79 - 21.0214.1 PRYOR, WILLIAM 542.32 305.15 237.17 09/06/2000 227.49 - none 4.1952.1 PRYOR, WILLIAM & LOUISE 494.17 282.92 211 .25 09/06/2000 190.50 - none 21.2068.1 PUGMIRE, JEFFRY & PAMELA 121 .79 63.52 58.27 09/18/2000 53.35 - none 34.1172.1 QUARNBERG, CARL & DOROTH' 175.84 104.39 71 .45 09/20/2000 100.00 - none 19.0220.1 RADY,STEVE 81.31 45.74 35.57 09/18/2000 26.06 - none 2.5670.1 RANSOM, JAMES R. 96.14 54.21 41.93 09/25/2000 40.00 - none 46.0864.1 RASMUSSEN, RONALD 95.63 57.90 37.73 09/20/2000 37.73 - none 50.1380.1 RAYMOND, CHACE 69.04 37.76 31.28 08/24/2000 31.28 - none 46.0200.1 READ, TERRY & SUSAN 57.10 31.79 25.31 07/21/2000 48.16 - none 2.2580.1 REED,DEBORAH 221.72 161.97 59.75 09/21/2000 57.29 - none 50.2390.2 REED, LORETTA 277.05 122.70 154.35 09/15/2000 145.90 - 2.2160.1 REEVES,GARY 106.86 61.59 45.27 09/20/2000 55.27 - none 32.1694.1 RICE, E. DONALD 229.75 126.11 103.64 09/20/2000 60.00 - none 72.0146.1 RICE, RALPH & SUSAN 88.4 7 61.24 27.23 09/29/2000 50.00 - none 65.0700.1 RICH, CHAD 95.45 55.14 36.36 3.95 08/11/2000 70.00 - none 34.1694.1 RIDGEWAY, STEPHAN 210.07 112.58 97.49 09/18/2000 101.18 - none 22.0880.1 RIETH, KEVIN F. 274.25 147.95 126.30 09/18/2000 114.00 - none 1.2770.1 RIGENHAGEN, HAROLD E 65.71 35.48 30.23 09/19/2000 32.69 - none 34.0786.1 RILEY, MARK 215.27 11 0.26 105.01 09/19/2000 79.52 - none 35.0113.1 RIVER SAGE HOMES INC 70.24 38.36 31.88 08/10/2000 25.73 - 75.0110.1 ROARING SPRINGS 2,900.16 2,174.41 725.75 10/10/2000 2,460.56 - 33,2364.2 ROBERT PORTER! GALE STEVE 1 71 .48 95.75 75.73 09/11/2000 64.67 - 21.0492.1 ROBERTS, CHARLES 66.59 36.55 30.04 09/18/2000 35.00 - none 4.1666.1 ROBERTSON, CHARLES & DARC 184.03 111.86 72.17 08/23/2000 77.09 ~ none 34.0956.3 ROBICHAUD, ROBERT 131 .46 82.50 48.96 74.3210.1 ROBINSON, LONNIE 60.42 28.98 31 .44 08/16/2000 71.65 - none 50.2106.1 ROBINSON, RICHARD & PRISCIL 171 .50 88.42 83.08 09/21/2000 120.00 - none 50.4534.1 ROCKE, SEAN 75.55 30.56 44.99 09/19/2000 38.84 - none 21.1920.1 RODERICK, SHANNON 218.88 51.31 34.99 33.76 98.82 04/19/2000 118.12 - none 2.5170.1 RODRIGUEZ, JILL 119.69 74.45 45.24 1 0/04/2000 30.00 - none 34.1982.1 RODRIGUEZ, RODGER 238.36 141 .43 96.93 09/19/2000 125.00 - none 65.0454.1 ROHM,RODNEY 54,64 30.56 24.08 09/13/2000 24.08 - none 21.2006.1 ROSE, MARK & TAMARA 97.86 52.17 45.69 09/18/2000 42.00 - none 34.1738.1 ROSKELL Y, KEITH 383.67 228.90 154.77 08/25/2000 148.62 - none 40.0414.1 ROY, TED 57.10 30.56 26.54 08/23/2000 53.72 - none 22.0914.1 RUCKER, JEAN 105.10 82.92 22.18 10/11/2000 50.00 - none 50.4630.1 RUEPPEL, RONALD 181.01 66.07 114.94 08/11/2000 77.49 - none 32.0494.1 RUNYAN, ANGIE 60.79 31.79 29.00 09/14/2000 27.54 - none 69.1076.1 RUPERT, DAVID & LAURIE 99.22 49.36 49.86 08/10/2000 95.00 - none 2.3180.1 RYAN, WALTER 212.07 113.13 98.94 09/21/2000 55.00 - none 51.3198.1 RYKER, ANITA 270.51 136.37 134.14 09/18/2000 175.00 - none 69.0776.1 SANDMEYER, ERIC & DAWN 207.90 89.27 118.63 09/21/2000 118.63 - none 33.2324.2 SAUNDERS, KELLEY 133.61 50.96 34.48 48.17 08/0212000 44.11 - 34.1078.2 SAVELBERG, DOYLE 85.39 36.71 48.68 08/23/2000 103.31 - 22.1386.1 SCHAEFFER, MICHAEL 228.61 131.82 96.79 09/15/2000 88.00 - none 21.0224.1 SCHAFFER,RYAN 65.29 35.32 29.97 09/15/2000 45.00 - none 74.0382.1 SCHILD HAUER, YOLANDA 95.62 37.89 57.73 09/07/2000 115.30 - none 2.0110.3 SCHMECKPEPER,MERLYN 245.76 193.34 52.42 10/0212000 100.00 - .** in Msg column indicates no Notice is to be sent ( I ( CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Oct 17,2000 02:33pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-DeJinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 34.2122.1 SCHMIDT, GLEN 174.23 90.97 83.26 09/20/2000 77.32 - none 32.1642.1 SCHMIT, JAMES 86.11 41.91 44.20 08/16/2000 78.25 - none 74.3170.2 SCHNEIDERMAN, MATTHEW 60.14 27.61 32.53 08/23/2000 30.07 - 1.2260.1 SCOTT, DAVID 81.70 40.40 41.30 09/21/2000 93.83 - none 1.1915.1 SEABURY 243.00 204.12 38.88 08/24/2000 52.78 - 1.2040.1 SEAMONS, DOUGLAS 78.01 50.24 27.77 09/19/2000 63.00 - none 32.1424.1 SEARS,KEVYN 104.01 57.09 46.92 09/19/2000 45.69 - none 32.1346.1 SEBYAKIN, ANTHONY A 126.1 5 71.85 54.30 08/08/2000 82.77 - none 69.2262.1 SEDILLO, JOE 332.74 149.15 183.59 09/20/2000 133.16 - none 32.1578.1 SELDIN JR, STEVEN 98.69 51.89 46.80 08/17/2000 72.37 - none 3.0832.1 SEVERSON,DENA 70.31 42.70 27.61 09/19/2000 26.38 - none 21.2904.1 SEVIERI, MIKE 98.88 51.45 47.43 08/28/2000 53.58 - none 69.1590.1 SHANNON, JEAN 763.70 486.26 277.44 09/19/2000 200.00 - none 31.0158.1 SHARP, MARIETTA D. 91.03 45.60 45.43 09/20/2000 41.58 - none 34.2048.1 SHEPERD, CRAIG 101.66 50.38 51.28 08/23/2000 64.12 - none 74.3960.1 SHERARD, BILL 134.11 57.83 76.28 09/18/2000 75.05 - none 74.2758.1 SHIELDS, JOHNNY 101.85 46.62 55.23 09/19/2000 88.03 - none 20.1748.2 SHRADER, MICHAEL 80.99 43.12 37.87 09/19/2000 31.88 - 42.2496.1 SIEMON, LESLIE 143.99 77.70 66.29 09/18/2000 76.15 - none 74.3096.1 SIGMOND, SERGIO 89.27 44.02 45.25 09/20/2000 44.02 - none 34.0724.2 SILCOX, BENJAMIN 467.12 302.35 164.46 .31 09/25/2000 177.83 - 31.3028.2 SIMS, JERRY & MICHELLE 113.49 58.04 55.25 .20 09/14/2000 51 .23 - 4.1914.1 SINGKHAOPET, SYLEU 160.62 91.65 68.97 09/06/2000 65.00 - none 34.0436.1 SKEL TON, RANDY 135.78 72.36 63.42 09/18/2000 65.88 - none 21.2668.1 SMITH, COURTNEY 143.71 95.59 48.12 10/0212000 25.00 - none 42.0430.1 SMITH, JEANETTE 62.02 31.79 30.23 08/24/2000 31.46 - none 4.0532.1 SMITH, JOHN 69.08 41.47 27.61 09/19/2000 27.61 - none 20.0138.2 SMITH, KIP 157.96 99.44 58.52 09/01/2000 80.66 - 50.0152.2 SMITH, RON 61.70 34.09 27.61 09/18/2000 27.77 - 21.2168.2 SMITH, RORY 123.09 71.55 51.54 08/14/2000 94.47 - 72.0286.1 SNOW, LINDA 48.16 24.08 24.08 08/25/2000 32.69 - none 72.0266.1 SOMAZZI, ROGER 56.75 31 .44 25.31 09/21/2000 20.00 - none 34.0726.2 SOMSEN, GAYLENE 123.13 58.04 65.09 09/18/2000 58.94 - 1.0480.2 SPEAR, GAYLEN & JEANNE 99.86 40.82 59.04 10/13/2000 31 .88 - 2.3430.1 SPEARS, BRYCE J. 154.63 122.14 32.49 10/10/2000 70.00 - none 42.1994.1 SPEER,GEORGE 106.41 73.20 33.21 10/11/2000 55.65 - none 74.2562.1 SPENCER, JAMES 185.60 50.98 134.62 08/17/2000 212.55 - none 34.3316.1 STADLER, STEPHEN & HEATHEf 208.67 100.81 107.86 08/21/2000 130.63 - none 21.0502.1 STANPHILL, CYNTHIA 191.85 101.88 89.97 09/19/2000 75.00 - none 74.2596.1 STARR, SONl 112.08 48.66 63.42 09/18/2000 68.34 - none 2.1160.1 STATES, DION 1 09.99 72.38 37.61 09/13/2000 98,59 - none 19.0274.2 STEINER, LOUIS 132.65 68.95 63.70 08/25/2000 50. 17 - 22.1048.1 STEINER, THURSTON 305.02 159.97 93.22 51.83 10/10/2000 50.00 - none 51.3280.1 STENSON, VIRGINIA 305.59 305.59 none 31.0496.1 STERTZ, SUSAN 105.40 50.94 54.46 09/19/2000 56.92 - none 74.3524.1 STETSON HOMES 47.58 16.48 6.48 6.48 18.14 42.3044.1 STEVE BUBLITZ 54.64 30.56 24.08 08/29/2000 25.31 - none 5.0416.1 STIEF, PATTY 174.74 1 08.45 66.29 09/20/2000 70.00 ~ none 42.3056.2 STINAR, ILENE 74.16 45.32 28.84 09/21/2000 28.84 - 31 .3414. 1 STINGER, KAREN 57.82 25.13 32.69 09/19/2000 36.38 - none 34.1800.1 STONER, JERRY 1,300.83 1,258.52 42.31 09/19/2000 70.00 - none 31.0878.2 STRICKLIN, PHILIP 114.24 57.90 56.34 09/19/2000 51.42 - 21.1058.1 STUBBLEFIELD, MARK 167.57 118.71 48.86 09/25/2000 50.00 - none 2.2732.1 SULLIVAN, JARED 243.78 193.34 50.44 10103/2000 70.00 - none 15.0056.2 SUNADA, LEROY 78.97 43.14 35.43 .40 08/14/2000 18.00 - *u in Msg column indicates no Notice is to be sent -- / ' ! ( I CITY OF MERIDIAN Delinquent Account List- council Page: 14 Standard Payment Customers Oct 17,2000 02:34pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 31.3468.2 SUTTON III, DONALD 86.51 48.34 38.17 08/18/2000 35.71 - 20.1986.1 SWENSON, TONY 171 .33 116.66 54.67 09/28/2000 29.00 - none 69.1278.1 T C MILLER 163.93 71.32 92.61 09/20/2000 81.54 - none 2.0958.1 TANAKA, TINA 197.16 52.84 99.19 45.13 08/16/2000 32.83 - none 74.2398.1 TARTER, KELLY 171.40 77.09 94.31 09/06/2000 73.40 - none 50.1676.2 TAVARES, MARVIN 77.69 36.55 41.14 09/15/2000 69.20 - 74.2698.2 TAYLOR, DARRELL 63.76 31.88 31.88 08/08/2000 63.76 - 69.1138.1 TAYLOR, LARRY 84.07 46.34 37.73 08/18/2000 7.24 - none 20.1964.1 TECOINVESTMENTS 59.24 32.86 26.38 09/19/2000 26.38 - none 2.1970.2 TEETER,TRACY 102.22 70.34 31.88 33.0056.1 TEL-CAR INC. 778.81 221.42 165.43 249.93 142.03 09/20/2000 100.00 - none 34.0688.1 TEMPLIN, CLARISA 103.39 31.15 24.08 24.08 24.08 06/22/2000 96.29 - none 69.0140.1 TENNYSON, OWEN 68.08 34.04 34.04 08/21/2000 32.81 - none 2.1190.1 TERRELL, A 92.54 45.74 46.80 08/17/2000 86.06 - none 2.1930.1 TERRY, TIMOTHY 144.78 144.78 10/01/1999 82.59 - none 31.0001.1 TEXAS ROADHOUSE RESTAURJ 2,578.68 1,368.31 1,210.37 08/25/2000 926.95 - 74.1114.1 THATCHER, TIMOTHY 117.58 66.62 50.96 09/21/2000 150.00 - none 1.3490.1 THIEMANN, ERIC 81.03 49.29 31.74 09/18/2000 34.94 - none 42.1074.1 THOMANN, MARK 187.33 77.84 1 09.49 09/19/2000 87.35 - none 2.0952.1 THOMAS, TIMOTHY 104.42 58.06 46.36 09/21/2000 46.00 - none 34.1550.1 THOMPSON, HARRY 26.13 26.13 06/20/2000 10.00 - none 50.2110.2 THOMPSON,RHONDA 77.62 43.28 34.34 09/13/2000 34.34 - 3.0412.2 THOMSEN, DAVY 149.31 83.43 65.88 09/01/2000 64.65 - 21.2768.2 THURBER, RICHARD 199.23 99.70 99.53 09/19/2000 83.53 - 34.2760.1 THURBER, RICHARD 54.64 30.56 24.08 08/23/2000 24.08 - none 21.2732.3 THURBER,RONALD 486.15 184.57 301.58 09/21/2000 27.76 - 50.1301 .1 TIM MUSSELL 235.91 128.29 107.23 .39 69.0226.1 TIMA, KAREN 264.88 215.53 49.35 09/19/2000 40.00 - none 35.5017.1 TIMBERLINE CUSTOMS HOMES 87.55 31.15 24.08 24.08 8.24 07/07/2000 39.92 - 2.4800.1 TODD, JUDY L. 142.79 62.38 59.59 20.82 10/12/2000 40.00 - none 2.2200.3 TODD, RICK 54.64 30.56 24.08 09/20/2000 24.08 - 40.0250.1 TOMICH, LONNY 75.53 39.45 36.08 09/19/2000 36.00 - none 34.0444.2 TOMISSER, CAROL 188.04 135.55 52.49 09/20/2000 42.17 - 42.2608.1 TONEY, RICHARD & ROBIN 97.65 53.91 43.74 09/14/2000 18.34 - none 50.4022.2 TORGESON, MATTHEW 438.66 220.26 218.40 10/16/2000 50.00 - 74.2464.1 TOWN, NEAL 178.00 79.16 98.84 09/19/2000 107.45 - none 42.1172.2 TRYON, PHIL 68.36 35.62 32.74 08/30/2000 28.00 - \ 4.1658.2 TUDOR,ROB 204.31 117.08 87.23 09/06/2000 86.00 - 31.2254.1 TURNER,RAYMOND 248.28 248.28 none 51.0302.4 TWOMEY, MATTHEW 134.20 53.12 81.08 09/06/2000 45.41 - 34.2104.1 TYLER, HEIDI 1 04.36 66.81 37.55 09/21/2000 36.31 - none 2.6640.1 UGARRIZA, JOHN 116.42 65.14 51.28 09/18/2000 48.82 - none 52.0263.1 UNDER THE ONION 494.69 230.63 113.40 150.66 08/16/2000 171.72 - none 32.0249.1 US BAN CORP , #300-3368 289.98 230.04 59.94 09/19/2000 176.58 - none 74.2876.1 USSERY, TRACY 135.39 59.62 75.77 09/20/2000 64.54 - none 72.0142.1 UTTINGER, CHRISTOPHER 98.33 45.82 52.51 09/19/2000 48.82 - none 22.0178.1 VALDEZ, ADALFO 109.16 49.13 60.03 09/20/2000 52.49 - none 51.2996.1 V ALLA, CAROL YN 384.06 31.15 266.08 86.83 07/11/2000 24.08 - none 68.0288.1 VAN GENDEREN, RICHARD 106.10 61.82 44.28 09/20/2000 65.51 - none 7.0772.1 VAN HEES 102.91 27.65 31.88 31.88 11.50 7.0782.1 VAN HEES BUILDERS INC 116.20 37.65 31.88 24.08 22.59 51.4010.1 VAN HOUTEN, ROBERT 207.41 98.55 108.86 09/21/2000 90.00 - none 69.0100.1 VANBRAGT, MICHAEL 68.40 31.74 36.66 09/1212000 37.89 - none 22.1 052.1 VANHORN, KEVIN & SANDRA 289.02 174.87 114.15 08/29/2000 133.00 - none 21.1032.1 VELADA, FEDERICO 167.09 98.4 7 63.70 4.92 10/10/2000 63.70 - none *** in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 15 Standard Payment Customers Oct 17,2000 02:34pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 4.2350.1 VIDEOLAND # 168 114.24 46.72 33.76 33.76 07/25/2000 33.76 - none 2.4550.1 VINCENT, TOMMY 121.34 88.51 32.83 09/07/2000 76.73 - none 42.0324.1 VINES, MARK 88.37 49.27 39.10 09/20/2000 39.10 - none 4.1955.1 VINEYARDS HOMEOWNERS AS~ 387.18 252.72 134.46 08/30/2000 102.06 - none 4.2189.1 VINEYARDS HOMEOWNERS AS~ 529.74 341.82 187.92 08/30/2000 186.30 - none 4. 1899.1 VINEYARDS HOMEOWNERS AS~ 1,420.74 821.34 599.40 08/30/2000 401.76 - none 4.1977.1 VINEYARDS HOMEOWNERS AS~ 563.76 369.36 1 94.40 08/30/2000 217.08 - none 50.3742.2 VNUK, JOHN 299.34 175.17 124.17 10/16/2000 103.00 - 22.0318.1 VOORHEES, MICHAEL 82.61 41.47 41.14 09/20/2000 38.68 - none 74.2690.2 VUITTONET, JUAN 319.76 143.97 175.79 09/21/2000 25.72 - 33.4518.1 WALBRIDGE, RAYMOND 185.68 19.09 70.98 95.61 05/01/2000 151.93 ~ none 21.0004.1 WALKER FAMIL Y TRUST 107.15 55.42 51.73 09/19/2000 50.00 - none 1.2310.2 WALKER, BETTE 204.43 104.37 100.06 09/19/2000 60.00 - 20.1392.1 WALKER, DAVID 93.85 49.55 44.30 09/14/2000 44.30 ~ none 34.2734.1 WALL, MIKE 67.50 36.99 30.51 08/24/2000 59.79 - none 32.1306.2 WALSH, DAVID & CARA 83.45 45.58 37.87 09/25/2000 38.03 - 1.3340.1 WALSH, RON 165.69 165.69 10/15/1999 191.33 - ***none 34.0468.2 WALSH, RON 184.91 93.85 91.06 08/11/2000 163.67 - 4.2132.1 WALSTON, DOUGLAS 260.95 127.57 84.19 49.19 10/02/2000 45.00 - none 20.1846.1 WARE, MICKEY L. 272.87 155.05 117.82 09/18/2000 107.98 - none 22.1594.1 WASDEN, NICHOLAS 141 .65 66.07 75.58 08/18/2000 126.56 - none 21.2714.1 WATERMAN, LORI 150.15 76.47 73.68 09/13/2000 177.53 - none 74.3642.1 WATSON, MICHAEL 105.72 46.22 59.50 09/20/2000 50.00 - none 31.2230.1 WATTERS, TAMI 1 08.60 39.01 69.59 09/13/2000 66.03 - none 19.0224.3 WAYNE SWANSON HOMES 87.34 54.37 32.97 09/21/2000 35.43 - 3.0100.1 WEATHERMON, TINA 84.40 47.90 36.50 09/15/2000 38.96 - none 33.4266.1 WEEK, NORMAN 91.91 71.04 20.87 09/22/2000 50.00 - none 4.2298.1 WEIGHT, RICHARD 282.36 170.25 112.11 08/23/2000 110.88 - none 22.1238.1 WEISS, DAVID M. 230.38 156.56 73.82 09/12/2000 73.82 - none 42.0376.1 WELCH, ROBERT & TIFFANY 211.93 103.67 108.26 09/14/2000 100.88 - none 22.1466.1 WELCH, RODNEY 231 .88 143.86 88.02 09/20/2000 76.95 - none 2.3150.3 WELKER, ROGER 31 0.09 155.21 154.88 09/19/2000 133.97- 3.9869.1 WENDELL & KASHA LAWRENCE 743.58 359.64 383.94 09/12/2000 340.20 - 31.3332.1 WENTZ, DANIEL R 116.19 62.03 54.16 09/21/2000 60.31 - none 22.1038.2 WESCOTT, SUSAN 148. 1 2 85.91 62.21 08/31/2000 63.44 - 74.2638.1 WEST, LARRY 151 .83 65.90 85.93 07/24/2000 75.23 - none 74.3122.1 WESTERBERG,STEVEN 74.51 35.41 39.10 08/11/2000 69.59 - none 43.0054.1 WESTROCK HOMES 70.24 38.36 31.88 08/24/2000 28.60 - 22.1216.1 WHElLER, ROBERT 162.25 128.43 33.82 1 0/04/2000 50.00 - none 4.1950.1 WHITE, EDWARD 260.29 172.13 88.16 09/19/2000 81.71 - none 4.0922.1 WHITING, BRENT & LYNETTE 114.48 76.47 38.01 09/18/2000 36.78 - none 50.0194.1 WHITNEY, CLAYNE 59.56 31.79 27.77 08/18/2000 52.08 - none 33.3588.1 WHITNEY, PAUL 85.15 44.37 40.78 09/01/2000 35.00 - none 74.0064.2 WHITSITT, JOSEPH 82.21 36.80 45.41 08/18/2000 83.38 - 21.1590.1 WHITTEN, DAVID 136.00 76.47 59.53 09/11/2000 62.00 - none 21.1158.2 WIEBER, DONNA 136.30 91.09 45.21 09/12/2000 55.25 ~ 52.0262.1 WILD SHAMROCK LLP 538.60 373.20 165.40 09/19/2000 485.87 - none 34.0840.1 WILLIAMS, JASON & MICHELLE 272.84 145.09 123.85 3.90 09/06/2000 80.00 ~ none 1.3360.1 WILLIAMS, PAUL 148.33 96.47 51.86 09/20/2000 35.49 - none 22.1354.1 WILLIAMS, TERRI 271.59 149.49 122.10 09/20/2000 120.87 - none 32.1252.2 WILLIAMSON, DALE 71.30 42.05 29.25 09/14/2000 50.00 - 2.4310.1 WILSON, DENNIS K 102.61 58.85 43.76 09/18/2000 45.15 - none 21.2722) WILSON, JIMMY & TANA 87.53 40.24 47.29 08/25/2000 75.58 - none 21.1516.2 WITHERS, DAREN 79.76 45.58 34.18 08/18/2000 34.18 - 20.1272.1 WOLFE, TAMI 255.83 89.13 58.25 55.79 52.66 08/02/2000 30.00 - none *** in Msg column indicates no Notice is to be sent f- ( ( f CITY OF MERIDIAN Delinquent Account List- council Page: 16 Standard Payment Customers Oct 17,2000 02:35pm Current Period: 10/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 08/31/2000 07/31/2000 06/30/2000 Date Amount Msg 33.2358.2 WOLIN, DALE & LOIS 108.53 51.89 56.64 08/17/2000 82.21 - 3.0374.1 WOMACK, GREGORY & GINGER 205.22 126.76 78.46 08/15/2000 82.15 - none 31.3344.1 WOODRUFF, NOEL R 208.82 120.73 88.09 10/02/2000 70.00 - none 2.2260.1 WRIGHT, IRENE E. 127.44 104.64 22.80 09/13/2000 66.75 - none 74.3348.2 YEATTS, PAMELA 65.22 28.84 36.38 09/14/2000 27.61 - 2.0650.1 YOUNG, AUSTIN L 59.56 35.48 24.08 08/18/2000 35.15 - none 50.3740.1 YOUNG,DARON 78.01 41.63 36.38 09/18/2000 48.84 - none 34.2766.1 YOUNG, TOM 60.39 39.59 20.80 08/18/2000 50.00. none 50 A008. 1 YOUNGBLOOD, JON 1 09.71 71.57 38.14 10/16/2000 80.00 - none 50.3784.1 ZAVALA, JOSE 88.40 33.02 55.38 09/06/2000 50.00 - none 31.2200.1 ZELLER, STEVEN 93.57 68.97 24.60 09/18/2000 60.03 - none 2.0350.1 ZIEGLER, WILLIAM 65.10 37.02 28.08 09/20/2000 29.31 - none 51.3320.1 ZIMMER, TIMOTHY P 125.98 74.84 51.14 09/14/2000 43.76 - none Grand Totals: 156,262.92 84,515.16 62,731.06 4,258.58 4,758.12 Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 *** in Msg column indicates no Notice is to be sent ( ~--- ~~-- ..< ~f~~~ n:Z~ LL N f;m~ LL 9 /',o~ 0 0 <a;E~ I- a::: ~ j-~J :J <( gt~ J: en w ':':;":;..::::7--;.: -#~ ~ >- ~ :J ~ I- U ~ en u: :!1-~~:\~~~ ,. -. l/e~~ ~--.<Z~ ...J N I u '9 z T"" ::I 0 0 a::: u <( ~~ I~ W 0 >- I- ..J I- <( =t:I: Z U W (J) 3: u: I -~-~r l.L 0 :if~ 11. 0 0 .~~ l- e :;) a::: J: <( en w ~ >- ...J =>> <( =tt: I- () 0 (J) <( u: is-J.~;'t -. :;- :,:=--===~_".:-- -~- ~-J"S ...J yZ~ T"" ~~~.~.: U e .",";;0", Z 0 1~:~i :;:) 0 f~ 0 a::: u <( :;:-_0;:=.'......:.~: ~~ W ;;.-tj-;;'.i. 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I.{) <0 t'- =t:I:: it Z U T""" ~ 1< W (J) 3: u: .!: (5 ~ N :I: ..c c::: co I- Z 0:: " >- to w "r"'" 0 a::: w w >- 0::: ..c 1;) .J:: --r-- al 0::: :E w al CO a::: <( ~ T"" 0; I- :?i w [0 :E 2 <( :J J: --r-- N "r"'" en W a:1 -l 0 W W :J c::: U ...J W W >- :J l- e ~ I- > U Z co ~ ii: ~ z Z ...J <.!) c.. I- ... .jo: u 0 w ex: w <( ~ ::::> ::::> =>> ::J W U 0 -l< -l< 0 Z C J U. :E :E -, J -, <( (f) 0 I- ie of< I r- z o 2 ~ I I- 0:: o LL LL LL o Z 0:: ::) I- o Z (/) W I- <( l- (/) ( October 16, 2000 Department Report MERIDIAN CITY COUNCIL MEETING October 17,2000 APPLICANT Planning and Zoning Director - Shari Stiles ITEM NO. 13-E-l REQUEST Update on the complaint by John Wasson of the lighting at the strip mall at the corner of Linder Road and Cherry Lane 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 DEPARTMENT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ (}~ viP r fv ~~~ {Iv Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ! 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