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HomeMy WebLinkAbout2000 09-19 j ( Meridian City Council Agenda September 19, 2000 @ 7:30 P.M. Roll-Call: City Council Chambers X Tammy deWeerd X Cherie McCandless X Ron Anderson X Keith Bird X Mayor Robert Corrie Consent Agenda A. Approve minutes of August 10, 2000, Special City Council Meeting: Approve B. Approve minutes of August 22, 2000, Special City Council Meeting: Table to October 3, 2000 C. Approve minutes of August 24, 2000, Special City Council Meeting: Approve D. Tabled from July 5, 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: Table to October 3, 2000 E. Tabled from September 5, 2000: Amended Findings of Facts and Conclusions of Law: CUP 00-032 Request for Conditional Use Permit for 6.36 acres for a proposed Park-and-Ride Lot for 100 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: Approve F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Approve amended Meridian City Council Agenda - September 19, 2000 Page 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. (' ( G. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties - southwest corner of Black Cat and Ustick Roads: Approve Amended H. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit - East 1 st and East Pine Avenue: Approve Amended with Memo I. Findings of Facts and Conclusions of Law: AZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village planned-unit development by Steiner Development, LLC - south of Ustick Road and east of Black Cat Road: Approve J. Findings of Facts and Conclusions of Law: PP 00-016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned- unit development by Steiner Development, LLC - south of Ustick Road and east of Black Cat Road: Approve K. Findings of Facts and Conclusions of Law: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned-unit development consisting of 48 single-family lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by Steiner Development - south of Ustick Road and east of Black Cat Road: Approve L. Findings of Facts and Conclusions of Law: VAR 00-017 Request for variance from the maximum 1,000-foot block length for Bear Creek Subdivision by Briggs Engineering - east of Stoddard Lane and south of Overland Road: Approve M. Findings of Facts and Conclusions of Law: V AC 00-005 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 22 and 23 of Block 10, The Lakes at Cherry Lane No.6, by Ron Leslie: Approve Meridian City Council Agenda - September 19, 2000 Page 2 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. N. Findings of Facts and Conclusions of Law: VAC 00-007 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 35 and 36, Block 17 of Haven Cove Subdivision No.9 by Glenn Blaser - east of Ten Mile Road and north of Pine Avenue on Ebbtide Street: Approve o. Findings of Facts and Conclusions of Law: VAR 00-013 Request for a variance of the 1,000-foot maximum block length for proposed Sridgetower Subdivision by Primeland Development Co., LLP, in a proposed R-4 zone - north of Ustick Road and east of Ten Mile Road: Approve P. Findings of Facts and Conclusions of Law: AZ 00-017 Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: Approve Q. Findings of Facts and Conclusions of Law: PP 00-017 Request for Preliminary Plat approval for proposed Bridgetower Subdivision with 106 building lots, 1 HOA recreation center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone by Primeland Development Co., LLP - north of Ustick Road and east of Ten Mile Road: Approve R. Findings of Facts and Conclusions of Law: CUP 00-043 Request for Conditional Use Permit to construct a planned-unit development consisting of 106 building lots by Primeland Development Co., LLP for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: Approve S. Development Agreement: Packard Acres Subdivision with Packard Estates Development, LLC: Approve Resolution No. T. New Beer and Liquor License: Applebee's Neighborhood Grill & Bar by Restaurant Concepts II, LLC - 1460 North Eagle Road: Approve u. Resolution No. 336: For first addendum for franchise agreement to perform solid waste collection for SSI to provide for the addition of recycling program: Approve v. Resolution No. 337: To provide for the increase in ~ates and set solid waste collection rates: Approve "". Meridian City Council Agenda - September 19, 2000 Page 3 All materiaJs presented at publiC meetings shall become property of the City of ~dian. Anyone desiring accommooation 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. ( REGULAR AGENDA 1F. Tabled from September 5,2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Approve Amended 1G. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties - southwest corner of Black Cat and Ustick Roads: Approve Amended 1 H. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Street on the east side currently in an aT zone for Generations Plaza by Gary Benoit - East 1 st and East Pine Avenue: Approve Amended with Memo 2. Ordinance No. 890: AZ 00-014 Request for annexation and zoning of 2.297 acres from R 1 to R-4 for Randy Ware - Franklin Road and Linder Road: Approve 3. Ordinance No. 891: Proposed change to the Notice of Mailing Ordinance by the City of Meridian: Approve 4. Resolution No. 338: Transfer of AT & T to Cable One: Approve 5. Resolution No. 339: Schedule of fees for Fall 2000 Classes by Parks and Recreation Department:: Approve 6. Continued Public Hearing from August 22, 2000: 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: Attorney to prepare Findings of Facts and Conclusions of Law for approval Meridian City Council Agenda - September 19, 2000 Page 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. r- ( 7. Continued Public Hearing from August 22,2000: 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-Q and R-15 zones by Vicki Welker I Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 8. Continued Public Hearing from August 22, 2000: 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: Attorney to prepare Findings of Facts and Conclusions of Law for approval 9. Continued Public Hearing from September 5, 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: Continue Public Hearing to October 3, 2000 10. Continued Public Hearing: 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: Attorney to prepare Findings of Facts and Conclusions of Law for approval 11. Continued Public Hearing from August 15, 2000: 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: Attorney to prepare Findings of Facts and Conclusions of Law for approval 12. Tabled from August 15, 2000: 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: Attorney to prepare Findings of Facts and Conclusions of Law for approval Meridian City Council Agenda - September 19, 2000 Page 5 All materials presented at public meetings shall become property of the City of fJ1eridian. Anyone desiring accommcxiation 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. ( 13. Continued Public Hearing from September 5, 2000: VAR 00-015 Request for a variance allowing the applicant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod and Sheri Eisele I Eagle Concrete Pumping in an I-L zone - Baltic Place in the Meridian Business Park: Attorney to prepare Findings of Facts and Conclusions of Law for approval 14. Tabled from September 5, 2000: CUP 00-044 Request for Conditional Use Permit to construct a 4,125 s.f. tilt-up concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele in a Flood Plain Overlay District currently in an I-L zone - North Baltic Place in the Meridian Business Park: Attorney to prepare Findings of Facts and Conclusions of Law for approval 15. Tabled from September 5, 2000: CUP 00-042 Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive- thru window by Greenstar Foods and TFCM currently in an I-L zone - located on Pad P-3 at the Meridian Crossroads Center: Attorney to prepare Findings of Facts and Conclusions of Law for approval 16. Tabled from September 5, 2000: FP 00-016 Request for Final Plat approval of 38 building lots and 1 other lot on 11.05 acres for Packard Subdivision No. 4 by Packard Estates Development, LLC - southeast quarter, Section 5, T3N, R1 E: Approve with Staff Conditions 17. Public Hearing: 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: Attorney to prepare Findings of Facts and Conclusions of Law for denial 18. Public Hearing: 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: Attorney to prepare Findings of Facts and Conclusions of Law for approval 19. Public Hearing: VAR 00-023 Request for a variance of the required 20- foot to a 10-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: Attorney to prepare Findings of Facts and Conclusions of Law for approval Meridian City Council Agenda - September 19, 2000 Page 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommextation 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. ( 20. Continued Discussion from September 13, 2000: Sale of Old Fire Station Property I Notice to Accept Bids: Proceed 21. COMPASS Destination 2020 Plan: Approve 22. Water Sewer and Trash Delinquencies: Approve 23. Department Reports A. City Treasurer - Janice Smith: 1. Treasurer's Report: Re-schedule to October 3, 2000 B. City Engineer - Gary Smith: 1. 2000 WWTP Trunk Sewer Extension Bid Results: Approve JC Constructors $61,760.00 2. WWTP Temperature Phased Anaerobic Digester (TPAD) License Agreement: Approve c. Parks and Recreation Department - Tom Kuntz: 1. Generations Plaza II Request to Work Bid Results: Approve Wright Brothers $88,780.00 D. Mayor Robert D. Corrie: 1. Approval of the renewal contract for White, Peterson, Pruss, Morrow & Gigray: Approve Contract E. Planning and Zoning Director - Shari Stiles: 1. Ada County Application 00-11-8/00-17 -ZC: Request to Ada County Development Services for proposed Bristol Heights Subdivision No. 21 to include 34 single-family residential lots and approximately 17 acres of open space to include parks and paths as well as a zone change from RUT to R-4 of 9.25 acres located at 2375 E. Chinden Boulevard in Meridian - Section 29, T4N, R1 E: Re-scheduled for September 26, 2000 2. Ada County Application 00-18-lC: Meridian City Council Agenda - September 19, 2000 Page 7 All materials presented at public meetings shall become property of the City of I\Aeridian. 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. ( Request to Ada County Development Services for a zone change from RUT (Rural-Urban Transition) to M1 (Light Industrial) of .86 acres located at 2770 E. Franklin Road - Section 8, T3N, R1 E by Glenda Hildebrandt: Re- scheduled to September 26, 2000 Meridian City Council Agenda- September 19,2000 Page 8 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. A. ( (- Meridian City Council Agenda September 19,2000 @ 7:30 P.M. Roll-Call: City Council Chambers X Tammy deWeerd ~Cherie McCandless ~Ron Anderson Keith Bird K Mayor Robert orrie , Consent Agenda B. c. Approve minutes of August 10,2000, Special City Council Meeting: apjJl'lJVL Approv~ minutes of A~9ust 22, 200~, Special City Council Meeting: -/iL!Jee tvr,7f'lt CU. PI 2-000 ftv~ Approve minutes of August 24, 2000, Special City Council Meeting: ajJjJrov~ Tabled from July 5, 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: -la-:/;[( ~ { Clef" 3, woo /1~ Tabled from September 5, 2000: Amended Findings of Facts and Conclusions of Law: CUP 00-032 Request for Conditional Use Permit for 6.36 acres for a proposed Park-snd-Ride Lot for 100 vehicles by Ada County Highway District currenUy in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: tZpptJ v..e.- Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: /{,J7p/YIV~ ~~ Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties - southwest corner of Black Cat and Ustick Roads: CV~ V'-L ~ D. E. F. G. Meridian City Council Agenda - September 5, 2000 Page 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. J. M. o. ( H. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: V AC 00-005 Request for vacation of the alley intersecting East 1st between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit - East 1 st and East Pine Avenue: apjJMlt"( ~.,...4cL h;~ I~ Findings of Facts and Conclusions of Law: AZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village planned-unit development by Steiner Development, LLC - south of Ustick Road and east of Black Cat Road: ~/1ICI~ Findings of Facts and Conclusions of Law: PP 00-016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned- unit development by Steiner Development, LLC - south of Ustick Road and east of Black Cat Road: approv-~ Findings of Facts and Conclusions of law: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned-unit development consisting of 48 single-family lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by Steiner Development - south of Ustick Road and east of Black Cat Road: ~pv~ Findings of Facts and Conclusions of Law: Request for variance from the maximum 1,OOO-foot block length for Bear Creek Subdivision by Briggs Engineering - east of Stoddard Lane and south of Overland Road: tI!prov-v Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 22 and 23 of Block 10, The lakes at Cherry Lane No.6, by Ron Leslie: al'yro~ Findings of Facts and Conclusions of Law: V AC 00-007 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 35 and 36, Block 17 of Haven Cove Subdivision No.9 by Glenn Blaser - east of Ten Mile Road and north of Pine Avenue on Ebbtide Street: an1-t7V<- Findings of Facfs and Conclusions of Law: V AR 00-013 Request for a variance of the 1,000-foot maximum block length for proposed Bridgetower Subdivision by Primeland Development Co., LLP, in a proposed R-4 zone - north of Ustick Road and east ofTen Mile Road: tlfJ po v..<:.... I. K. L. N. Meridian City Council Agenda - September 5, 2000 Page 2 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 feast 48 hours prior to the pubrfC meeting. v. ( f, ( P. Findings of Facts and Conclusions of Law: AZ 00-017 Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: tt-pf'Yo v~ Findings of Facts and Conclusions of Law: PP 00-017 Request for Preliminary Plat approval for proposed Bridgetower Subdivision with 106 building lots, 1 HOA recreation center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone by Primeland Development Co., LlP - north of Ustick Road and east ofTen Mile Road: a?f1rof/~~ Findings of Facts and Conclusions of Law: CUP 00-043 Request for Conditional Use Permit to construct a planned-unit development consisting of 106 building lots by Primeland Development Co., LLP for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: tVjJf>>'V v -<:.- Development Agreement: Packard Acres Subdivision with Packard Estates Development, LLC: 1'/ A r.- D. L. .:P ~VL I<..A..-..) p-vvV'r! b?-- New Beer and Liquor License: Applebee's Neighborhood Grill & Bar by Restaurant Concepts II, LLC - 1460 North Eagle Road: . ~fJPY)Pv~ Resolution No. 13 6 : For first addendum for franchise agreement to perform solid waste collection for 581 to provide for the addition of recycling program: CvpfIr19v~ Resolution No. J.3 7 : To provide for the increase in rates and set solid waste collection rates: ~ v-e.....- Q. R. s. T. u. 1. REGULAR AGENDA (Items moved from Consent Agenda) It 1- F I d 1- G I p! -- Ii Ordinance No. f3 90 : AZ 00-014 Request for annexation and zoning of 2.297 acres from R1 to R-4 for Randy Ware - Franklin Road and Linder Road: ~ jJnP (f ..e.-.. Ordinance No. g q / : Proposed change to the Notice of Mailing Ordinance by the City of Meridian: ~t7 II' --<-- Resolution No. 3'3 f3 : Transfer of AT & T to Cable One: tlf;3nJv..e- 2. 3. 4. Meridian City Council Agenda - September 5, 2000 Page 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommcxtation 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. ( ( 5. Resolution No. 33 9 : Schedule of fees for Fall 2000 Classes by Parks and Recreation Department:: t%(11YV V'..e- Continued Public Hearing from August 22, 2000: 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: ~(hj tNttf/Vr../!:j /-CJ ~~~~/~' I elL .f;L etj1pnrd Continued Public Hearing from August 22, 2000: 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-Q and R-15 zones by Vicki Welker I Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: e/l;J: atl?rvr...e!J ~ ;rn..e-pu--e/Yf.-1 &/L -/rL a-P)J>'Ovd. ContinueCl Public Hearing from August 22, 2000: 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: Cf ki ~11o fr'LP~ III' I c./~ Continu'd Public 1iearing from September 5, 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. Zi7rl-t>,,-Vl.-L ;;;1)./ -Iv t'c.-f~ 3 /ldJ ~h~ Continued Public Hearing: 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: ; . c,1:!. t:t~!1 Ie> ~?v-<-Z .pI f .f- c (,f ~ ~1h'l'V~ ContinueCl Public Hearing from September 5, 2000: 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: I" _ . /J (!/hj ~'j ~ ~j>~ ,)'/P' v/~ :rrn- wpprot.-'4.<./ Continued Public Hearing from August 15, 2000: 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: Cll-rJ ~~ ~ fN'-p~~/f .fcl-l ~ a--rpV7~ 6. 7. 8. 10. 11. 12. Meridian City Council Agenda - September 5, 2000 Page 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( 13. Tabled from August 15, 2000: 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: 14. Continued Public Hearing from September 5, 2000: VAR 00-015 Request for a variance allowing the applicant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod and Sheri Eisele I Eagle Concrete Pumping in an I-L zone - Baltic Place in the Meridian Business Park: , . - ~ e./ M aa~'#-.. -10 ~p~-/I ~ t cle M ~/,Y-Plr 15. Tabled (rom September 5, 2000: CUP 00-044 Request for Conditional Use Permit to construct a 4,125 s.f. tilt-up concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele in a Flood Plain Overlay District currently in an I-L zone - North Baltic Place in the Meridian Business Park:. . . tJilu af~ /7; r-pA:~ -flf'{ elL ~ arprov-U 16. Tabled oft-om September 5, 2000: CUP 00-042 Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive- thru window by Greenstar Foods and TFCM currently in an I-L zone - located on Pad P-3 at the Meridian Croj,sroads Center: e I?::/ ~.:J 10 p-..e-p~ 71/ f c l..e {UL ~~ 17. Tabled from September 5, 2000: FP 00-016 Request for Final Plat approval of 38 building lots and 1 other lot on 11 a05 acres for Packard Subdivision No. 4 by Packard Estates Development, LLC - southeast quarter, Section 5, T3N, R1 E: .. ~ tCfJp719VLe f,Ji ~ o~ CtrYu:t1 h ~J 18. Public Hearing: 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 ~eridian Road: / rl r "./ F' '- Clfe,j a~_(-j Iv fhlpa--e -r'ff f elL ~ ~/~ 19. Public Hearing: 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 e~st of Meridian Road: a/~ ~<;1 f-o ~p~ .f/.f 1:/ ol-e f;r.- ~PPY1JVuJ..- 20. Public Hearing: VA~ 00-023 Request for a variance of the required 20- foot to a 10-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: eiJ-y ~11-o /~P~ -I1.FI elL 21. Continued Discussion from September 13, 2000: Sale of Old Fire Station Property I Notice to Accept Bids: ;:rrv ce.dd- Meridian City Council Agenda - September 5, 2000 Page 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, ple~e contact the City Clerl(s OffICe at 888-4433 at least 48 hours prior to the public meeting. r { \ 22. COMPASS Destination 2020 Plan: ~f?fro v\-t:.., 23. Water Sewer and Trash Delinquencies: vvf1fr&7v~ ~ 24-~ Department Reports A. City Treasurer - Janice Smith: 1. Treasurer's Report: . ;-c/~ Iv I ~? p..€e,,-~ of ~ ~ B. City Engineer - Gary Smith: 2. 2000 WWTP Trunk Sewer Extension Bid Results: dpprvv..e de. C~rrr~/-e?-J .G 61/760. t]!!. wwTP~Temperature Phased Anaerobic Digester (TPAD) License Ag reement: ~ f P}() v-Jl,...- Parks and Recreation Department - Tom Kuntz: 1. c. 1. Generations Plaza II Request to Work Bid Results: t2ffrpve tuM'ijJz-f-I!fro/1t.hJ "fJ81 'lBO..ca!- Mayor Robert D. Corrie: D. 1. Approval of the renewal contract for White, Peterson, Pruss, Morrow & Gigray: tlj/ fl}'tl ve...- C[)Yl/t--~ Planning and Zoning Director - Shari Stiles: E. 1 . Ada County Application 00-11-8/00-17 -ZC: Request to Ada County Development Services for proposed Bristol Heights Subdivision No. 21 to include 34 single-family residential lots and approximately 17 acres of open space to include parks and paths as well as a zone change from RUT to R-4 of 9.25 acres located at 2375 E. Chinden Boulevard in Meridian - Section 29, T4N, R1E: r.e S'c/1.f.-~ tL tf- 26 -00 2. Ada County Application OQ-18-lC: Request to Ada County Development Services for a zone change from RUT (Rural-Urban Transition) to M1 (Light Industrial) of .86 acres located at 2770 E. Franklin Road - Section 8, T3N, R1 E by Glenda Hildebrandt: tel dcfa-e~ t:!-ZG-CJO Meridian City Council Agenda - September 5, 2000 Page 6 All materials presented at public meetings shall become property of the City ci Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ( Meridian City Council Meetina September 19.2000 The City Council Meeting of th,e Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 p.m. on Tuesday, September 19, 2000. Members present: Robert Corrie, Keith Bird, Tammy De Weerd, Cherie McCandless, Ron Anderson. Others present: Bill Nichols, Shari Stiles, Gary Smith, Will Berg, Tom Kuntz, Bill Gordon. Corrie: 1'1( open the Meridian City Council meeting for the night at 7:30 p.m. and I'll have the City Clerk call roll, please. First off, I want to thank everybody for being here tonight. I told the Fire Marshall to leave town for awhile and so he won't be interrupting our seating arrangements here. First off, I would like to thank Mr. Foomer's (sic) high school government class for being here this evening and also for giving up the seats. They're going to be leaving at about 8:00 and they said they didn't want to interrupt as much as possible, so they were standing in the back and - Thank you guys for coming - young adults, I should say. Also, we have Troop 138 - is also represented here to see how government works. I am anxious to see how it works tonight, as well. Also, one little item that I want everybody to know is that we're celebrating a birthday up here tonight. Cherie McCandless' birthday is today. So Cherie, congratulations from the Council and the audience and Happy Birthday to you. Bird: Let's sing to her. Item A. Item B. Item C. Item D. Item E. Approve minutes of August 10, 2000, Special City Council Meeting: Approve minutes of August 22, 2000, Special City Council Meeting: Approve minutes of August 24, 2000, Special City Council Meeting: Tabled from July 5, 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 September 5, 2000: Amended Findings of Facts and Conclusions of Law: CUP 00-032 Request for Conditional Use Permit for 6.36 acres for a proposed Park-and-Ride Lot for Meridian City Council Meeting ( September 19, 2000 Page 2 Item F. Item G. Item H. Item I. Item J. Item K. Item L. 1 00 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Slack Cat and Ustick Roads: Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties - southwest corner of Black Cat and Ustick Roads: Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of the alley intersecting East 1st between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit - East 1st and East Pine Avenue: Findings of Facts and Conclusions of Law: AZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch .Village planned-unit development by Steiner Development, LLC - south of Ustick Road and east of Slack Cat Road: Findings of Facts and Conclusions of Law: PP 00-016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned-unit development by Steiner Development, LLC - south of Ustick Road and east of Black Cat Road: Findings of Facts and Conclusions of Law: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned-unit development consisting of 48 single-family lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by Steiner Development - south of Ustick Road and east of Slack Cat Road: Findings of Facts and Conclusions of Law: V AR 00-017 Request for variance from the maximum 1 ,ODD-foot block length for Bear Creek Subdivision by Briggs Engineering - east of Stoddard Lane and south of Overland Road: Meridian City Council Meeting ( September 19, 2000 Page 3 Item M. Item N. Item O. Item P. Item Q. Item R. Item S. Item T. Item U. ( Findings of Facts and Conclusions of Law: V AC 00-005 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 22 and 23 of Block 1 0, The lakes at Cherry Lane No.6, by Ron Leslie: Findings of Facts and Conclusions of Law: V AC 00-007 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 35 and 36, Block 17 of Haven Cove Subdivision No.9 by Glenn Blaser - east of Ten Mile Road and north of Pine Avenue on Ebbtide Street: Findings of Facts and Conclusions of Law: V AR 00-013 Request for a variance of the 1,000-foot maximum block length for proposed Bridgetower Subdivision by Primeland Development Co., LLP, in a proposed R-4 zone - north of Ustick Road and east of Ten Mile Road: Findings of Facts and Conclusions of Law: AZ 00-017 Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: Findings of Facts and Conclusions of Law: PP 00-017 Request for Preliminary Plat approval for proposed Bridgetower Subdivision with 106 building lots, 1 HOA recreation center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone by Primeland Development Co., LLP - north of Ustick Road and east of Ten Mile Road: Findings of Facts and Conclusions of Law: CUP 00-043 Request for Conditional Use Permit to construct a planned-unit development consisting of 106 building lots by Primeland Development Co., LLP for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: Development Agreement: Packard Acres Subdivision with Packard Estates Development, LLC: New Beer and Liquor License: Applebee's Neighborhood Grill & Bar by Restaurant Concepts II, LLC - 1460 North Eagle Road: Resolution No. 336: For first addendum for franchise agreement to perform solid waste collection for SSI to provide for the addition of recycling program: Meridian City Council Meeting (' September 19, 2000 Page 4 ( Item V. Resolution No. 337: To provide for the increase in rates and set solid waste collection rates: Corrie: Okay, Council. You have the Consent Agenda in front of you. What would you like to do with that? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Item B we'd like to table to October 3, 2000; Item D tabled to October 3, 2000; We'd like to pull Item F to 1 F on the regular agenda; pull Item G to 1 G on the regular agenda; pull Item H to 1 H on the regular agenda; and U, the number is 336, Resolution No. 336; and V is Resolution No. 337. With that I would make a motion that we approve the Consent Agenda as noted. McCandless: I'll second. Corrie: Motion made and seconded to approve the Consent Agenda with Item B being tabled until October 3rd and Item 0 to October 3rd and F, G and H would be pulled and be the first items on the regular agenda. Is there 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 F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Corrie: Now, the Regular Agenda. We will take up Item F which is pulled from the Consent Agenda. This is the Item - Findings of Facts Conclusion of Law: AZ 00-009 - request for annexation and zoning of 101.4 acres from RT to R-4 for Autumn Faire Subdivision. Staff, comments. Nichols: Mr. Mayor, members of the Council. The revisions to the proposed findings after I received a letter from the attorney for the applicant pointed out some corrections that needed to be made. I can go through those fairly quickly. This is on the annexation and zoning. Page 1, we had incorrectly listed Langley Farms as the applicant, when in fact it was Gem Star Properties, so we made that correction. Then down to page 6 - what previously was Item 16.8 and 16.10 in the previous ones were duplications, so we just left 16.8 and moved the rest of them up. Then, the next item, which was also on page 6, which is Item 16.13 in the revised findings, they wanted us to designate where this pathway was going Meridian City Council Meeting ( September 19, 2000 Page 5 / { to be so that they'd know exactly which lots were to be shortened by 10 feet. That was what the testimony was. It was only along that southern boundary where the Sky Pilot Drain is. So, it's just a further clarification on the pathway that was going to b~ provided as part of the development. Then there was another duplicate portion which was eliminated that had to do with the donation of the park site or in lieu thereof - in lieu of the impact fees the letter of credit. So I simply just straightened that part of it up. Those are pretty much the only revisions that were anything of substance that were made. Of course, the corresponding conditions were also changed. Corrie: Okay. Council, with those changes, do you want to motion for accepting the Findings of Facts and Conclusions of Law? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law on the request for annexation and zoning for 101.4 acres from RT to R-4 for . proposed Autumn Faire Subdivision by Gem Star Properties, LLC with comments from legal counsel. Anderson: I'll second that. Corrie: Motion made and seconded to approve the Findings of Facts and Conclusions of Law of the annexation and the conditions of the Preliminary Plat on G. with the corrections that were made by the attorney. Any further discussion? Hearing none. Roll-call vote please, Mr. Berg. Roll-call: Anderson, aye; De Weerd, aye; Bird, aye; McCandless, aye. MOTION CARRIED: ALL AYES. Item G. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties - southwest corner of Black Cat and Ustick Roads: Nichols: Mr. Mayor, members of the Council. On Item G, again, there were some corresponding clean-up of the proposed findings. Again, in reference to Dean Langley, we incorrectly noted him as the applicant when he was the representative of the owner, rather than the applicant. That was a change that was cleaned up. On page 6, under Item 2.9, which had to do with the landscape buffer, the minimum is 20 feet. They were proposing 20 feet, and we had down as 30, so it should reflect the 22 feet that's shown on the plat. So that's a Meridian City Council Meeting _- September 19, 2000 i Page 6 " correction that we made there~ Then, in the revised Preliminary Plat that had been submitted, one of the longer blocks had been broken up by a micro-path which eliminating the necessity of going for a variance on the block length. So we needed to reflect that in the findings. Then there were some items with regard to streets that referenced ACHD recommendations which needed to be revised slightly and then referral reference to the proposed park which is actually in proposed Autumn Faire Subdivision 2, which has not yet come before you, but that needed to say Autumn Faire No.2 and we had to make that correction. I believe there was another one which had to do with when the stub, street, sewer and water to the proposed park site would be constructed that we didn't have the correct phase noted. So all of those things are not substitute - the major (inaudible) changes just simply cleaning it up. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the Preliminary Plat approval for 78.4 acres - 263 building lots and 12 other lots proposed by the Autumn Faire Subdivision by Gem Star Properties with the comments the City Attorney has incorporated. De Weerd: Second. Corrie: Motion made and seconded to approve the Findings of Facts and Conclusions of Law on Item No. PP 00-009, Item G. with the comments of the attorney included. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item H. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: V AC 00-005 Request for vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit - East 1st and East Pine Aver:tue: Corrie: Okay. Item H was also pulled. This was tabled from the September 5, 2000 meeting -- Findings of Facts and Conclusions of Law - request for vacation of the alley intersecting East 1st between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit -East 1st and East Pine Avenue. Meridian City Council Meeting ( September 19,2000 ' Page 7 Kuntz: Thank you, Mr. Mayor and Council. We had a meeting with the developer on September 6th and addressed a couple of issues that were still outstanding that pertain to the Findings of Fact pertaining to this project. In the memo that I gave you in the Pre-Council tonight - the biggest one is probably Item No. 1 on that memo and (')) try and explain it as briefly as I can. The total value of the vacated alley owned by ACHD is $10,400. Originally, we were recommending that that entire amount be paid by the developer to ACHD. Since that time and as a result of this meeting on the 6th, we plan on trading a permanent easement through the City's existing parking lot on Pine Street straight across for the vacated alley-way - the $10,400. In return, we will own half of that vacated alley and the developer will own half of the vacated alley. The developer will reimburse the City half of that cost, or approximately $5,200. They felt it was unfair that they should have to pay for the City's half of the alley when the City would still retain ownership of that alley. In a spirit of compromise, the Parks Department would go along with that proposal with the understanding that the developer is still responsible for the improvements and the maintenance to the entire 16 feet of alley as already outlined in the Findings of Fact No. 10.3. I've also attached a drawing of the alley improvement designs with an approximate construction cost. Those construction costs would be born by the developer. The other issues, too, just to clarify ahd add to these Findings of Fact that the developer will pay for half of the cost to replace the sewer line now since Public Works has designated it needs / should be replaced now prior to putting a new surface down in that alley way. And No. 3 is more for information than anything. We plan on having a meeting out at the site tomorrow with Idaho Power and FCC to look at the turning radiuses out of those parking lots and into the alley ways. Corrie: Any questions, Council? De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Mr. Kuntz, what was the flow plan that was approved by ACHD? The flow plan is to enter the new parking lot that will be built by the developer off of Pine Street, come to the back of the alley and turn left and exit through our existing parking lot. In addition, the alley way will stay the same direction it is now and it will exit through our parking lot. There will be "Do Not Enter" signs posted at the end so you can't get into their new parking lot. You have to exit through our parking lot. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Tom, is that going to be a right-in and right-out? Meridian City Council Meeting ( September 19,2000 \ Page 8 Kuntz: No, sir. Bird: I think we need to discuss it with our Traffic Safety Committee and the Police Department on that. Kuntz: I think once we moved it down to egress from our parking lot, we're far enough away from the intersection whether we're going to allow left and right egress. Bird: I've still got some concern because you have got people - you're bringing in right in at theirs, which is only 60 - 70 feet off of the corner where their parking lot will begin. You have one that stops there to turn in and the other one behind it, they're going to come and (inaudible) try somebody come out on the left. I'd still like to look at it going right in and right out. I think before we make that permanent, we need to check with our Traffic Safety Committee and our Police Department. Corrie: Chief, do you agree with that? Gordon: I don't have a problem with that. Corrie: Of course, the ultimate will be up to ACHD, but we can give them the input from ours. Gary? Any other comments? Bird: Mr. Mayor. I've just got one other. Is Mr. Benoit- Corrie: Yes, he's here. Gary, would you come up here? I want to make sure that we're all on the same page with you in agreement with this alley and exchanging monies and what have you. Benoit: Good evening, Mayor and Council. Gary Benoit, Stewart Laney Benoit Company. I'll feel questions or make comments. I guess I would make, first of all, comments and perhaps that will answer some of your questions. Thank you, Tom and his department in meeting with the Mayor. We appreciate the adjustments that were made in the Facts and Findings and we agree with all of it as Tom had stated. More specifically, Keith, to answer your questions regarding the right-in and right-out, we did have Larry Sales over here. As a matter of fact, they went over and walked the site and looked at it and measured it. That's kind of how we came up with that final configuration. The first driveway into our new parking lot is a right-in only, and there is no exit out of it, and then the other one would be a right or a left-hand turn. They felt like it was far enough back from the intersection that they were comfortable with it. They did specifically look at that. Bird: And you say it's right-in only. We're not going to cross traffic going in, right? You say right-in only? Meridian City Council Meeting ( September 19,2000 Page 9 Benoit: On the first driveway into our new parking lot is right-in, and then the exit out of the City Parking Lot is a right or left. Bird: But you can't come in left. You can't cross traffic coming into the parking lot. Like if you're going west on Pine, and want to turn into your parking lot, can you do that? Benoit: Yes, you should be able to do that. Bird: Well, then it's not right-in only. McCandless: That would be left-in. Bird: That would be left-in. Benoit: Well, you're right. Bird: I have some problems with the left coming in. That was my main concern. If we don't have any left going out - but if you've got a car sitting there waiting for other traffic to come, I think you're going to have a real bottleneck. Benoit: I think they probably looked at that and anticipate that there be a lot of traffic. Bird: What do you got between the two - the entrance and the exit of ours - What are you going to have? 100 feet between them? A couple of car lengths? Benoit: Yes, about 85 feet. Bird: About 85 feet - a couple of car lengths. I think you have a real bottleneck and then 100 feet down, you've got a stoplight. I don't think it's anything to shut a project down with, but I think it's something from safety viewpoint we need to take a look at. Benoit: I think their concern was probably more with the traffic that would be heading east on Pine Street and turning into our parking lot. I don't know that they gave a lot of consideration for traffic going west on that particular street. You know there's ample stacking room. It's not like - the concern with stacking up, if they stack - if they were going east on Pine Street and they started stacking the distance between our driveway and our corner. Bird: The only way you're going to stop that is right-in and right-out. Corrie: Probably the only way you can do that is to put a barrier down the middle of the street, because people are going to turn left into the parking lot - Meridian City Council Meeting ( September 19,2000 Page 10 Bird: That's what I'm afraid of, Mayor, and I'm afraid that's going to - Benoit: I would wonder if it isn't a situation that we could kind of watch, and if it did become a hazard, that a barrier out in that street would solve that problem. That wouldn't be as great a concern to us as being able to get in and turn off right, because that's where most of the customers will come from. Bird: I think it's something we ought to have our Traffic Safety Committee and our Police Department involved to make sure that is the way and have it - you know, like you say, watch it. If we have to change, we have to change. That's my only concerns. Corrie: Okay. That phone call that you've called me - that was what it was about. Okay. Thank you. Benoit: Any other questions? Bird: You're just happy with these agreements now? Benoit: Yes, we're fine with that. Corrie: Thank you, Gary. Bird: Is that what we're approving? De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: If there is no further comment, I am prepared to make a motion. Corrie: Okay. De Weerd: I move that we approve the Findings of Facts and Conclusions of Law for request for a vacation of alley intersecting East 1 st between Pine Avenue and Idaho Street to include the memorandum from Tom Kuntz, dated September 19, 2000 and to incorporate the suggested changes into the findings. Bird: Second. Corrie: Motion made and seconded to approve the Findings of Facts and Conclusions of Law - request for vacation of alley on V AC 00-005 and to include the memo from Tom Kuntz and also the changes that were made. Any further discussion? Hearing none. Roll, call vote, please. Meridian City Council Meeting ( September 19,2000 Page 11 Roll-call: Bird, aye; McCandless, aye; Anderson, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 2. Ordinance No. 890: AZ 00-014 Request for annexation and zoning of 2.297 acres from R1 to R-4 for Randy Ware - Franklin Road and Linder Road: Corrie: Alright. Into the Regular Agenda, Item No.2 is the Ordinance No. 890 for request for annexation and zoning of 2.297 acres from R-1 to R-4 by Randy Ware, Franklin Road and Linder Road. Mr. Clerk, if you'll read Ordinance No. 890 by title only please. Berg: Thank you, Mr. Mayor, members of the Council. Ordinance No. 890. An ordinance finding that certain land to be known as the Randy Ware property as 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 low-density residential district, R-4 and declaring that said land be property. Legal description is described below: be a part of the City of Meridian, County of Ada, State of Idaho repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the area to be annexed with the Ada County Recorder, Auditor, Treasurer and assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You've heard the reading of Ordinance No. 890 by title only. Is there anyone from the audience who would like to have the Ordinance No. 890 read in its entirety? Okay. Hearing none. I'll entertain a motion on Ordinance No. 890. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve Ordinance No. 890 - a request for annexation and zoning of 2.297 acres from R-1 to R-4 for Randy Ware at the corner of Franklin Road and Linder Road with suspension of the ru I es. Bird: Second. Corrie: Motion been made to accept Ordinance No. 890 - a request for annexation and zoning, Item No.2, AZ 00-014 and to be approved with the Meridian City Council Meeting ( September 19,2000 Page 12 suspension of rules. Any further discussion? Hearing none. Roll-call vote, please. Roll-call: Anderson, aye; Bird, aye; McCandless, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 3. Ordinance No. 891: Proposed change to the Notice of Mailing Ordinance by the City of Meridian: Corrie: Item No. 3 is an Ordinance No. 891 - proposed change to the Notice of Mailing Ordinance by the City of Meridian. Mr. Clerk, if you'll read Ordinance No. 891 by title only. Berg: Thank you, Mr. Mayor and members of the Council. Ordinance No. 891: an Ordinance of the City of Meridian amending Meridian City code Sections 11- 15-58, 18, Section 12-3-311 and Section 12-3-58, pertaining to mailings of notices regarding hearings on land use applications and providing that such mailings shall be by regular first class mail and providing an effective date. Corrie: Okay. You've heard the reading of Ordinance No. 891 by title only. Is there anyone who would like the Ordinance read in its entirety? Hearing none. I'll entertain a motion on Ordinance No. 891. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Ordinance No. 891 - the proposed change to the Notice of Mailing Ordinance by the City of Meridian with the suspension of rules. Anderson: Second. Corrie: Okay. Motion made and seconded to approve Ordinance No. 891 - the proposed change to the Notice of Mailing Ordinance by the City of Meridian. Any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I just wanted to take an opportunity to explain a little bit about this ordinance because there is a lot of people in the audience tonight. One of the issues that's going to be coming up later tonight, and one of the factors in that was notifications. What our current ordinance has said that when we notify adjacent property owners, the requirement is 300 feet within the property that is Meridian City Council Meeting { September 19,2000 Page 13 being affected. They have to be notified by Certified Mail. What we've found by Certified Mail is with a lot of couples that work today, a lot of times, that mail was undeliverable because there is nobody at home in the daytime. This ordinance will allow us to send out notifications by ordinary mail so that will be in the mailboxes now and you won't have to be home or go to the Post Office to get that. So we feel like this is an adjustment just to bring us up a little more modern and hopefully get the word out a little bit better about projects that are being proposed. Corrie: Thank you, Mr. Anderson. Any other comments? Okay. Mr. Berg. Berg: Thank you, Mr. Mayor and members of the Council. Just one more comment. Since we do have a lot of retired people in our community, the first class mailing allows it to be forwarded to their winter home as such, so it is a better assurance that the mailings do get to the right people. Thank you. Members of the Council, roll-call vote. Roll-call: Anderson, aye; McCandless, aye; Bird, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 4. Resolution No. 338: Transfer of AT & T to Cable One: Corrie: Item No. 4 is a Resolution No. 338 - transfer of AT & T to Cable One. Just for the audience, modification on this one - this is just a name transfer from AT & T to Cable One. It's just a formality. If we don't vote on it, it becomes okay anyway, so I guess that's government in its best form. Council, you've seen Resolution No. 338. Any comments or discussion. Okay. I'll entertain a motion on Resolution No. 338. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I move we approve Resolution No. 338 - the Transfer of AT & T to Cable One with suspension of rules. Bird: Second. Corrie: Motion has been made to accept the Resolution No. 338 - transfer of AT & T to Cable One. Any further discussion? Hearing none. Roll-call vote, please. Roll-call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson. MOTION CARRIED: ALL AYES. Meridian City Council Meeting ( September 19, 2000 Page 14 Item 5. Resolution No. 339: Schedule of fees for Fall 2000 Classes by Parks and Recreation Department:: Corrie: Item No. 5 is Resolution No. 339. This is the schedule of fees for Fall 2000 Classes by Parks and Recreation Department. For the people in the audience, it sets up the fees for men's baseball league, Christmas Rubber Stamping Class, Parents / Child Tumbling Class, Three-year Old Tumbling Class, 12 and Older Tumbling Class and a beginning Boys' Gymnastics, beginning Girls' Gymnastics and Cheerleading. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I move we approve Resolution 339 - schedule of fees for Fall 2000 Classes by the Parks and Recreation Department with. suspension of rules. Bird: Second. Corrie: Motion made and seconded to approve Resolution No. 339 for the schedule of fees for the Fall Class of 2000. Any further discussion? Hearing none. Roll-call vote, please. Roll-call: Bird, aye; McCandless, aye; Anderson, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 6. Item 7. Item 8. Continued Public Hearing from August 22, 2000: AZ 00-006 Request for annexation and zoning of 12.73 acres from R-T to L- a 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: Continued Public Hearing from August 22, 2000: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 1 0 building lots and 2 other lots 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: Continued Public Hearing from August 22, 2000: 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-O and R-15 zones by Vicki Welker / Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Meridian City Council Meeting ( September 19,2000 Page 15 Corrie: Item No. 6 is a continued public hearing from August 22, 2000. AZ 00- 006. Request for annexation and zoning of 12.73 acres from RT to LO 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. I will open the continued public hearing at this time and we'll try to set a few ground rules here so we're not here all night going over a lot of the same thing we did for the last year and a half. This is primarily - we're trying to get one of the Council people that wasn't here at the last time to read the records, listen to the tapes and get brought up into the Council's agenda here. We need to review letters and testimonies and so forth. I will call on the City Attorney to kind of give us a little background on what we're looking for here and then I'll add a little bit extra to that and then we'll start with the staff to give us a brief run-down and then I'll go from there. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Can we continue these 6, 7 and 8 all at one time? Corrie: Oh, yes. Okay. Bird: It's all the same thing. Corrie: It's all together. One's the annexation and zoning, Preliminary Plat and Conditional Use Permit, so we'll do all this. Okay, Mr. Bird. Bill? Nichols: Thank you, Mr. Mayor and members of the Council. First, Mr. Mayor, I would ask that any additional written submissions which had been tendered to any of the Council members or the clerk up through this moment since the date of the last meeting be added to the record. Corrie: Mr. Bird, do you have any? Mrs. de Weerd? Some of these are going to be duplications. I think we all got them but we'll just turn them in and he can separate them. De Weerd Okay. Corrie: These, by the way - the Council has - each one has got these, so we're getting the same thing but we're giving them to the Clerk to stamp them and make sure that we've received them for him. Okay. Council, was there any personal interviews with anybody other than letters. You'll have to go through them. I need to go through one. I did have on September 14th at 3:00. It's a Thursday. I did meet with Shirley Fuller in my office and she wanted me to hear some of her side of the projects, so that was done in my office. Cheri? Meridian City Council Meeting ( September 19,2000 Page 16 McCandless: I have had no more interviews. One other that came in today, I believe it was - we had a video and we need to run that for the Council. I don't know if the Council has seen it. I have. It takes about five minutes. Bill? Nichols: Mayor, members of the Council. I suggest that we do that before taking any additional testimony. The next item on my checklist here was for Councilman Anderson since he was not here at the beginning of the previous portion of this public hearing on the other date to disclose any ex parte contacts his had with any party to this development application and to describe who was there and what was said. I believe the other members of the Council have already taken care of that in terms of - they did it at the last meeting and also with regard to any subsequent contact since that date. Then I would expect after Councilman Anderson is done with the disclosure, he then can ask any questions of the staff or the applicant that he has and also ask him to state on the record what materials he has reviewed in preparation for tonight because I believe he's reviewed all the public record - the tapes and so forth. He needs to say that on the record. Then we can take additional testimony. My recommendation would be to the Mayor and Council that you take additional testimony primarily from those that have not testified before. Redundancy is not a virtue in these proceedings and I think there are ways of people that are here that agree with a particular point and show their support and not by clapping but I mean by - we know that traffic has been a concern in the previous testimony and they can be counted. There is some mechanism for doing that. We have - there are some who've testified before that believe they have new information to bring to the Council. I would recommend that the Mayor and Council to consider allowing up to five people who have testified before to bring that new information to you, whether they be proponents or opponents - five on each side, I guess you'd say. That way, someone who has testified before - if they have something new to say or new to bring, they can do that. I would also recommend that you stick to the three-minute time limit ju'st like you did last time. Corrie: Okay. Is there any objection from the Council with the recommendation of the counselor? Bird: I have none. Corrie: I would like to reiterate two things. Try to keep it at three minutes for the new ones and the testimony. Keep the clapping and the shouting down whenever somebody agrees with them. That takes time and it doesn't do a whole lot up here. We're after facts and that's what we need. Okay, with that being said, I would like to have the tape that was been entered in - shown at this time, so City Clerk, if you'll do that for the Council. Bird: We get to watch TV. Meridian City Council Meeting ( September 19, 2000 . Page 17 Corrie: Do you have that narrative too, so that when it shows what they're looking at - McCandless: It's in our packets. Corrie: Okay. What you're seeing here, Council, is filmed at Ten Mile and Franklin on September 15, 2000 at approximately 7:30 a.m. Ten Mile and Pine. Ten Mile and Linder, right. Okay. It's the wrong (inaudible). Okay this is the Ten Mile and Franklin. They've got it. Mr. Anderson. Anderson: Okay. First, I'd like to apologize to everybody for not being at the meetings I was supposed to be at. I wasn't told about them until I had already had other commitments before that. If I could have possibly been here, I would have. I am here tonight and I did hear some comments on the tape that this is a done deal. For those of you who have that opinion, I would like to state, as of tonight, I have not made up my mind. So I would appreciate it if you don't prejudge what I'm going to do before I actually make the decision. I would like to disclose - *** End of Side 1 *** Anderson: -- received or any conversations that I have had with anybody regarding this project, so I'll just - I sorted through my stack on Valeri Heights and it's pretty sizeable and I'll just start with the first one. The first one I have is dated March 9, 2000 from a Brett and Stephanie Nelson. The second one I have is from Colleen Calhoun and it is dated June 10, 2000. The third one is from a Tony and Tracy Garner and it's dated July 11, 2000 and I have one from a Jacqueline and Gordon Cooper, dated July 12, 2000. I have one from David Atkinson and Erma Atkinson and Jessica Atkinson dated July 15, 2000. I have a letter from Vicki Welker and Jeffrey Struther dated July 18,2000. I have a letter from David Atkinson, Erma Atkinson and Jessica Atkinson dated August 11, 2000. I have a letter from Steve and Lynn Martin, dated September 12, 2000. I have a letter from Susan Wildwood, dated September 13, 2000. Then I have a couple of - it looked like a pre-made up Post-It note that somebody has filled out and one is from a Rodney Hall, dated September 11th. One is from Anita and Marshall Townsend, dated September 12th. I have a Chelsea Ghasserani dated September 13th and I have one from Jacqueline and Gordon Cooper dated September 15th and a newspaper clipping that I read. Another one from Jacquelyn and Gordon Cooper, September 15th - signed the Meridians for Intelligent Growth, dated September 18th, Steve and Lynn Martin again on September 18th and a couple more of the Post-It notes from David Newman and that was on the 19th; Catherine Morton on the 19th; John Morton on the 19th; Marion Baxter on the 19th, David Wright - no comments on it on the 19th; Donna Reed on the 19th; P.J. Maltinotow (sic) on the 19th and a decal again with no comments on it on the 19th. In addition to those letters that I have received and read, I've had four phone conversations. One was after we denied the project Meridian City Council Meeting i' September 19,2000 ' Page 18 the first time with Vicki Welker. She called me the next day after the Council meeting and asked if she could meet and discuss the reasons why we had turned the project down and I told her that I didn't feel really comfortable about meeting with her on that - that I didn't want to hear any particulars on the project or try to be persuaded that way. I did have a conversation with the City Attorney about and he explained that we do need to explain to developers when we turn down a project why we turned down their project. So I received a second phone call from Mrs. Welker and I did agree to meet with her and her representative, David Bailey. I met with fellow Councilperson Tammy de Weerd and we met with the developer and her representative to explain why we turned the project down. I relayed to her that my reasons for voting "no" on the project were very similar to a lot of the testimony that we had heard that night - concerns over traffic and the impact and the safety concerns for children being able to get to the school and adequate sidewalks. I was concerned about basically the design of the project and some of the density issues. As we relayed these issues, I instructed her - I said "In my opinion, you need to go back and you need to resolve several of these issues with the neighborhood and with the surrounding community there." Those were basically my walking orders to her is to try to work out these differences and resolve them. Later on I had a conversation with David Bailey, her representative where he just called to inform me what was being done to work out those issues and we didn't talk any specifics. It was simply to let me know dates that they had scheduled meetings with the homeowners and the surrounding neighborhood people. I had two conversations with him and they were all very similar to that - no specifics on the project. Recently, within about the last two or three weeks, I did have one phone conversation with Mr. Fuller, the owner of the property and we didn't really talk any specifics about the project. We actually talked about another city matter, so there was nothing there. Then I talked with a very nice lady on the phone, Chelsea Ghasserani. Who's Chelsea? Again, I told her that I could not talk any specifics on the project. Anything that she wanted to tell me, I needed to hear it in a public meeting so that all the Council members can hear it and everybody else can hear it so that I don't have any information that somebody else doesn't have. She respected my request and I appreciate that. That's the extent of all of my conversations and correspondences. I have listened to the tapes and I thank the Council and you people for those lovely tapes. It was entertaining driving back and forth to work each morning listening to those tapes. Some of it was kind of light hearted humor and some of it was kind of serious. I have listened to those and heard all the testimony that was given that evening. Corrie: Does staff have any comments at this point? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Council Meeting ( September 19,2000 ' Page 19 Anderson: I did have one other question that came up in the testimony. There was a question of the Fire Department and the developer about an island in the cul-de-sac and has that issue been worked out any? Bowers: Mayor Corrie, City Council members, Councilman Anderson. No, nothing has been discussed about that cul-de-sac or the driveway. Nobody has approached us on it. Corrie: Do you have any questions of anybody? Now, let's - the developer - do you have any new testimony in this tonight? Bailey: Mr. Mayor, Council members. My name is David Bailey. My address is 6417 Santa Cruz Drive in Boise. I don't have any new testimony to present and I'll be quick in the spirit of doing this. I just think that it's appropriate that I voice a couple of issues. It was my understanding when we left this meeting on July 22nd that the purpose of holding the vote off until this meeting was to allow Councilman Anderson the time to review the comments and ask questions associated with that. I got to be honest. I feel it is somewhat inappropriate to add additional testimony to the public hearing, and of course, that is your call to do that. I think that the reason was to wait for Councilman Anderson to be present in order to make the vote and not to allow the public the time to go recruit additional support for the cause. We've held this hearing. We've deferred the hearing. We've heard from people over a significant period of time and we've met with the neighbors as much as possible. Some of these people here, we haven't even seen before. They're going to come in here and testify to things that we had no opportunity to address. And we would, and we have. We think that several of the significant opponents to this project in the early part of the process hav'e seen what we're doing and have changed sides. You've seen that in the testimony and in the previous hearings. I believe we could do the same thing with the rest of them. I just don't know when that point is going to stop, so I would like to make my point and answer any questions you might have. Answer any questions? Bird: I have none. Corrie: You will have the opportunity to answer some of the others that have come in here as last one. The point here is being made is that being a public testimony - a public hearing, anybody has a right to give testimony. If we don't, we cut it off - they can probably go to court and this thing could go on forever. I am sure that everybody will be cooperative with this and not give us other than new testimony. What I'm going to do, and I think the counselor's suggestion is to have five people on either side to reiterate any new material that has come up, and if the people agree with it, we'll show of hands and what have you. We do need to do that to make it sure that we don't leave anybody's testimony that wants to testify in this case. I understand your side of it, but you've got to kind of bear with us on that. Meridian City Council Meeting ( September 19, 2000 Page 20 ( Bailey: Thank you very much, Mr. Mayor and Council members. Corrie: Let me show of hands anybody that hasn't testified before that wants absolutely new testimony. I don't want to hear the same thing over the traffic or what have you. Okay. So we've got one, two, three, four, five, six, probably seven, eight, nine, ten. Okay. If you haven't testified before, this is for the project at this time. If you have those, then we')) have you come up here. This is "for" the project first. Feierfeil: My name is Jennifer Feierfeil at 2723 Muskrat Avenue. I believe that Dave and Shirley as well as the project managers and everyone who has been included "for" the project has jumped over every hole that has been in front of them and every hoop also that you guys have asked them to go through. I know that it has been a long and drawn out process. Meridian is growing and it's not going to stop. Traffic is always going to be bad. It doesn't matter where you're at. The only thing that could help flow traffic better is also in the project would be that light. I just know that this project has had a lot of time and effort put into it and the next project if this one is be fine. The next project probably won't. The next City Council members might decide that it's the right thing. I just think that the neighbors that are surrounding the house and the lot aren't understanding how much time and effort and - I myself, not being a direct neighbor, being a niece and nephew of the Fullers have even attended the meetings - one held at the Meridian Library. It was one of the last neighborhood meetings that was held. Every member that was there - every person that was there - it was very productive and all the questions were answered and all their concerns were met. I just think this should go through based on the simple fact that everything has been taken care of and everything has been done properly by the Fullers and Vicki Walker and I think it should go through. Corrie: Thank you. Anyone else with testimony that hasn't done first? Calhoun: My name is John Calhoun. I live at 10111 Seneca, Boise. I've lived here in Meridian most of my life. I still own the property here on South Linder, which we lived there for over 27 years. These people that's - again, everything that comes up - if I had been again everything that comes up, they wouldn't be here in the first place. When I came to Meridian, the streets were dirt. Anyway, the Fullers have been good people. They've been good neighbors, hard workers and I think they deserve to get all the money they can for their property. It's impossible for a farmer to make any money on these small acres, especially. I've tried it, and several others have too. I thought the developer, as far as I'm concerned, .what I was saying, has bent over backwards trying to meet all of the regulations to improve the recommendations you folks have recommended for - even put in over a half-mile of sidewalk, a stoplight at their expense and I don't know whether these people down there want that stoplight would be willing to pay for it themselves or not. I doubt it very much that they want the tax payers to Meridian City Council Meeting September 19, 2000 Page 21 pay for it and I think our taxes are terribly high anyway. But anyway, I'm "for" the project and I think it would be a good asset as a community as far as the plans that I've seen. I've seen them approve 110 acres or 1 acre down the road and another 74. Where's all that traffic going to go? There's going to be traffic, and I've never heard of Ada County, or anybody else going out and building a highway and then expecting the people to move out there. It's going to come after the people are there, whether they like it or not, until it gets to where they can't handle it and then they'll approve the roads. That's the only thing that I can see. I know that we all hate this traffic. We all hate these roads, I guess. I do. I hate (inaudible) like Jim Fuller when he developed all this Cherry Lane. That was all farm ground, you know. I hated to see all of these farms cut up into little housing lots, too, but it's going to happen. People has got to live somewhere. So I don't think we can stop the growth. We've got to make arrangements to improve the traffic flow as far as I'm concerned. I guess that is alii have to say. Corrie: Thank you, John. Anyone else? Fuller: Mayor, City Council members. My name is Vickie Fuller. I reside at 890 North Ten Mile. My parents are Shirley Fuller and Dave Fuller. I believe I speak for the younger generation right now and also for a lot of the high school people that are here tonight. I think it's very important for this development to come. It's not right to just - I know in the previous testimony - that the apartments - the neighbors don't like it because they are afraid of the younger generation coming in and living in these apartments. I don't think that's right at all. This is something very close to my heart and I think I speak with Keith Bird saying that the Fuller's have been jacked around long enough, and it's true. So that's all that I would like to say and I hope that you pass this tonight. Thank you. Corrie: Thank you, Vickie. Welker: Good evening. My name is Robert Welker. (live at 1203 Northwest 7th Street. I have lived my entire life in this town and when I grew up on West 7th Street, you could look across the street and there was nothing but fields. There was no traffic. Unfortunately, that's not the town we live in today. We could take to video that we looked at and we could go out four miles any direction away from that and find the same traffic. It's not this project that is going to make the traffic worse. I believe one of the Council members and the Mayor said last meeting that the traffic is a concern. I would defy you to find two or three projects that have ever had the streets equal to the traffic and in the project way. It just doesn't happen that way. People come in and then improvements are made. There didn't used to be a lot on the corner of 8th Street and Cherry Lane. Now there is. That didn't happen before the traffic improved. This project is looking at improving the area by a sidewalk and also improving by putting a light in at that area. Secondly, there is a - my last issue that I'd like to speak of is there was talk that if this project goes in, what's going to happen to the schools. Well, it's the same thing that's going to happen if the subdivision goes in a mile down. Meridian City Council Meeting ( September 19,2000 Page 22 (' You increase the tax base and the schools have to go. It's part of the progress. I know people like looking out into fields and being able to see that, but if we did that back in 1961, Meridian would stop at West 7th Street. There wouldn't be a high school. There wouldn't be a junior high past that. The progress goes on and a lot of people's lives are enriched because of this. There's a lot of thought going into this project. It's got a business center in there. It goes along with the business center that started on the corner of Fairview and Ten Mile with Albertson's down there. It's been added to. Hoops have been jumped through for this. I would ask that you vote in favor of this. Thank you. Corrie: Thank you. Kerns: City Council members, my name is Amber Kerns. I reside at 1504 East Sherman. I think this is a great project. I can't believe all of the young people tonight. I know that they really didn't know about the project. The people that oppose it are out there handing out and saying "Say no." These people don't even know anything about it. I don't think that that's fair at all. I have already spoken to several of the students. They told me they had no clue that this was even going on. This was an assignment for them to come here. I went to Meridian High School. I think as far as the traffic goes, I mean, obviously - you have to have development before they better the roads. It's been stated before that there was a girl seen roller-blading along the road there. Well, now she could have sidewalks if this project gets approved to go there. There's all kinds of kids that go along there. Yes, it's a danger that they're going to get hit. Sidewalks are going to help prevent that. This is an excellent project. The Fullers are great people and I just hope that everybody continues to be adults about this. Corrie: Yes, sir. Strother: My name is Jeff Strother. I'm Vickie Welker's business partner in this matter. I understand questions have been raised about her capability of closing this deal if this is approved. The issue is not her ability, but it's my ability and I can assure you that I have the ability to close this deal. It will go through if this project is approved. The second point I would like to make is that I've looked at some of the transcripts and some of the remarks and these letters that have been submitted in opposition to this project. A lot of them focus on the undesirability of apartments because of crime and trash and what not. I'm a professional. I practiced law in Boise for 24 years. When I got out of school, I started in an apartment. I started in an apartment because that was all I could afford. I was single at the time and could not afford to buy a house. I wasn't a tramp and I wasn't a crook and a drug dealer. I was just a young kid who had graduated from Law School and that's all he could pay for. Apartments are necessary to a city. They are necessary as a stepping stone from people who later buy homes and contribute significantly to the tax base. If you ignore those young people and I was one of them at one time. They don't have anyplace to Meridian City Council Meeting ( September 19,2000 Page 23 live and they go elsewhere. That's one reason why this project should be approved. I am the guy who has paid all the bills on this thing. I am the guy who has authorized the commitments that have been made. I understand that those commitments are necessary and I hope that you understand that apartments are necessary for people like me to get started in life so that we can later become tax payers and contribute more meaningful to the community. Thank you. Corrie: Anyone else that has not testified before? Rady: Mr. Mayor and City Council. My name is Carrie Rady. I live at 2657 North Turnberry Way. When I came in here tonight, it was out of curiosity. I do developments mostly with Ada County and I'm sure you remember not too long ago, the moratoriums that were being put on non-farms. Those are what I work on. My son goes to Chaparral. I don't live very far from this and the one thing I am not hearing is personal property rights that the Fullers, who I don't know and never met - they have the right to sell their land. These farmers cannot make a living anymore, especially with small farms. If the developer has gone through and done everything that the ordinance has asked him to do, I think that it should be approved. That's even with my 1 O-year old son riding his bike. There will be more traffic. There is traffic all over town. I think if you look at legally and there's ordinances put in place and if they've abided by all of those, then this should be passed. Corrie: Thank you. Anyone else that hasn't testified that is "for" it? Last chance. Now, if you have not testified against and you're not for it, you have three minutes and the first one step up and - this is "against" now. Bailey: Mr. Mayor, Council. I am Miller Bailey. I live at 1180 North Ten Mile Road. I am very much opposed to this subdivision because it has been inferred to me by Mr. Bailey - no relation and Vicki Welker that they had our approval, my approval that they could put a sidewalk in front of my home. In fact, Mr. Bailey stated and harassed me, I felt, about this situation so I did not talk with him any further. I told him I was absolutely against it. Because, for one thing, it would take out my well, perhaps, in front of my yard and a lot of trees. That's not the important thing - as the well. Then I have - I am adjacent to Thunder Creek Subdivision to the north. I have a letter from Rex Harrison to the City Council and he is to the north of my property. It says: Dear sirs, I have been told that the developers of Valeri Heights Subdivision are saying that the property owners along Ten Mile were in favor of putting a sidewalk across the front of their property. I have been contacted twice by them and each time I stated that I would be opposed to putting in the sidewalk. I remain opposed until ACHD secures the right-of-way and widens the roads in the proper manner. We feel very strongly about this and I hope you will consider our opinions coming from us rather than from another party." Would you like this letter from Mr. Harrison? Gallivan: My name is Nancy Gallivan and I am here on behalf of Stonehouse Evangelical Church that is at 1450 North Ten Mile Road here in Meridian. The Meridian City Council Meeting ( September 19,2000 Page 24 church pastor is out of town. I am the church secretary so he asked if I could come. I have a letter that is written to you. 1'(1 just read a portion of the letter for the sake of time, but )'11 give you the whole letter. It says - This is from Roy Filletti. "Vicki Welker contacted me early last summer about the Valeri Heights development and the proposed" temporary sidewalk. She told me that Ada County Highway District would not be involved in the planned sidewalk. She also stated that it would probably be a temporary black top path that would not encroach upon our current property. I told her I would consider this but that all decisions must come through our board of trustees. I told her I would discuss it with them and that she could come and present it to them. I called her later to ask her how the neighborhood meeting went, but did not receive a returned call. I am not sure how my conversation with Vicki has been represented to the City Council, but I want to make my position clear with this letter. I cannot make any decisions without the authority of my board of trustees. We have not met on the matter and Vicki has not presented her request to them. It is doubtful that they would support this at the current time until it is ACHD's requirement based on the need of increased traffic." We were told that it was reported that we were in favor it, but we hadn't given any consideration because we didn't know much about it, so we just asked if we could meet with them, hear more about it and then consider it. We were told that it had been reported that we were in favor of it, but we had not been given that information. Thank you. Corrie: Thank you. Atkinson: Mayor Corrie, City Council members. My name is Jessica Atkinson. I reside at 1124 North Lightning Place. I am adamantly opposed to this project for three main reason. The first one is the traffic. I get on the school bus at Forecast and Ten Mile each morning at 7:30. I have seen the traffic back up for a half-mile. Even with the promised traffic signal, Ten Mile and Pine Streets will still be two-lane roads. Traffic will still get backed up. The second one is the height of the buildings. It's not right for them to build three-story buildings which will look down to the backyards of our neighbors. Would you like someone to build three-story apartments next to your house? The third one is the schools. The schools. The schools are already over-crowded. I go to Meridian Middle School and it is over capacity. My brother goes to Chaparral Elementary and it was supposed to be less crowded with a new Peregrine Elementary opening, but Chaparral is still over capacity. Lastly, Mr. Fuller says he wants to be remembered for what he did with his property. If that was true, he would donate it to the City so that they could make a park. Thank you. Hochstetter: I'm Lynn Hochstetter. I live at 2495 North Tangent. Between my father and mother and myself, we have had about 100 years of apartment experience. I hear the gentleman. I understand people like I did it in an apartment so that I could get a house. Boise is right next door - plenty of apartments. They can still move into Meridian. I have also found that people living in apartments - too many are uninterested in the community - uninterested Meridian City Council Meeting ( September 19,2000 ' Page 25 in what happens to the community. Robbers and thieves - they don't own houses especially if they deal drugs because they can lose their house. They don't care about an apartment. I've seen crime go up. I have apartments been built near my home in Reno and the crime went up - the shootings. The type of people that live in apartments - unfortunately not all of them are very nice and most of them can afford homes, thank goodness. I moved into this community because it was a community. It had homes and families and land and space. I know we need to go into the future, but as you tell the children, we don't need to grow up that fast. Let's be young as long as we can. Adults - it is coming fast enough. Corrie: Anyone else? Yes, sir. Tamas: Mr. Mayor, Councilmen. My name is Bert Tamas. I live at 1125 Roper, which is just out the back door of this apartment complex. You've heard all about the traffic. You've heard all about the crime and the whole nine yards. Well, it's there and I'm nervous. I'm not happy at all about this. I've talked to a lot of people. We sat up in front of Albertson's the other day. There was a lot of people that lived in the subdivisions around there that have never heard anything about this because it was not on the news, not in the newspapers and when we told them about it, they were all very mad about it. We've got - I don't know how many cards that people signed and I think it's Council that's supposed to go according to what the members of the community want - not what they want - not what they're going to get out of it if they have a business that could profit from this. If I found out in any way that any member on this Council does profit from something like this, I am going to do everything I can to have them impeached and voted off of the Council or whatever. They'll never sit on - I'm a voting member of Meridian and it's just not right that all of these people are against something like this and Council members vote good for it anyway. That's just ridiculous. Thank you, sir. Corrie: Thank you. You've done good so far. Thank you. I appreciate it. Miller: Mayor and Council, my name is Jennifer Miller. I reside at 617 North Tidwell Way in Meridian. It's in the Merrywood Subdivision - kind of across from the high school. I hadn't really heard about any of this until a couple weeks ago. This is all new to me. I moved to Meridian about five years ago. We bought a house, our very first house with a four-year old little boy thinking we want to be settled so he has one school. He has changed schools three times and we haven't moved. The properties have just gone up and they're skyrocketing. The schools can't handle it. If they put a subdivision in, there would be less housing. There would be less children that were going to be involved. With apartments, the children are going to be just tons. My son was in Chaparral and now he is going to be in Peregrine. I just can't see how we can keep putting more and more developments in and how we can have children in schools that are so overcrowded that they have to learn in the hallways. I think we need to stop and f' Meridian City Council Meeting ( September 19,2000 Page 26 think about where we are going to put the children in an apartment complex. . Thank you. Long: Mayor and City Councilmen. I'm Lavan Long and I'm having a house built on the corner of Forsythe and Gray Cloud. 3030 will be the address. I moved here because of the traffic in California where I was out. I had a car come out of my front yard and this was teenagers that were living in apartments. I hadn't been moved in after I bought my home down there. I moved up here because it was a quiet neighborhood. My children were up here and this was what I expected. Then they told me about the apartments being built just about a block from where I am building my house now, which I am definitely opposed against. I have lived around apartment houses. I know what kind of people they bring in after awhile. I lived in an apartment house when I was first married. We have to start somewhere, but then some of the people gets a little bit rowdy. If the school goes in over at Nampa, we'll have those college kids over here. We'll have midnight parties on weekends. I've taken a survey and there is several senior citizens that live in this area. What are we going to do? We don't have money enough to sellout and buy a home somewhere else. I wish you would take a little bit consideration for us senior citizens and help us out some way. Don't vote for this deal, please. Thank you. . Sprague: My name is Sarah Sprague, and I live at 998 West Newport. All of us teenagers back in the back - we just wanted to let you know that we do know what is going on. We've talked about this in our class and we have taken journals and we have done notes and we have studied what's going on. We do know. At least everyone I have talked to is against it. We just don't like the idea of all the traffic and our schools getting more crowded. We do have an opinion and we're not being persuaded. Just like when we walked up into the door. That's not when we made our opinions. We made it before we got here. Corrie: Thank you, Sarah. It's nice to hear that teachers have minds, too. Cartell: My name is Michael Cartell. I live at 3331 West Park Creek. When I got here tonight, I had no intentions of speaking and I just want to speak on one point. The point was made that the people who own this property have the right to make whatever they can possibly make off of this property. I agree with that. I think what needs to be considered is what it does to the property value of everybody else around them. United States is a country that is run by and for the majority of the people. It seems like this would be something that would benefit a few number of people and hurt or impair a large number of people. It seems like it's fairly simple to do the numbers and to understand what the impact is on the public versus a number of individuals. Thank you. Corrie: Down here. You're next. Meridian City Council Meeting ( September 19,2000 Page 27 Maldonado: Mayor and Council of Meridian, Idaho. My name is Pete J. Maldonado. I just moved over here from Denver, Colorado. It's been a year that I have been here now. I have got a wonderful place with a wonderful view. I oppose it because we have got so very little open land with everybody moving in. That's why I left from Denver. It was getting to congested - too much crime and traffic. I come here and I find a really nice place here and I enjoy it. I feel that more housing and people in here is just going to crowd the few open spots that we have, in which we'll induce more crime. Schools haven't got room for them and they're overcrowded as it is. That's all I have to say is just that I enjoy what I have. I have got good neighbors. Who knows what kind of neighbors we'd get if we put more people in here? Homan: Hello. My name is Bill Homan. I live at 3265 West Park Creek Drive. I didn't plan on speaking here tonight here, either. I didn't know much about this whole project until just recently. One of the things that concerned me that I heard someone brought up earlier tonight is that they're talking about progress. A little bit of history - I moved from my last house because there was an apartment complex built behind my property. I have recently talked to the person who bought my house and they are very unhappy about the living conditions they are in right now. We'll get into that. We talked about progress. Meridian is one of the best cities I have ever lived in my life. We all ought to be very proud of the city we live in. You can take a map like the one you have there and make it ten times as big and take a really good look at what Meridian looks like and why people move here. To me, ifs a little bit more different city that I have ever lived in before. There's a lot of subdivisions around. People like living is subdivisions. We need to be conscious of that and continue that. We are making progress. There are places for people to live. We are not hindering process by not approving this apartment complex. As a matter of fact, we ought to develop more land for more people to build their homes. I think that some of the other things that we have to deal with - that's something that we need to look at. Thank you. Eberhardt: My name is Amy Eberhardt. I bought the house at 1150 Gray Cloud. I guess I don't have a lot to say. I just wanted to voice a couple of concerns. I am not opposed to apartments, per say, but I think there's plenty of other places in Meridian that apartments could be built - maybe closer to Boise. There's a lot of land that I've seen driving to work where they would be perfect - not right next to a subdivision where there are single-family homes. I am pretty disappointed that my street is going to be associated with the complex. I am not too crazy about my street being a thru-street. I have a four-year old daughter who I would like to have out front with me if I am working on my yard or something like that. We won't be able to do that At least I won't feel comfortable doing that. We'll be stuck in the backyard all the time. I guess I just wanted to say that. I don't think it's the right spot for it and I think there's plenty of other places that apartments would be appropriate. Thank you. Meridian City Council Meeting ( September 19,2000 Page 28 Corrie: Thank you, Amy. Corkill: I too, was not prepared to speak. My name is Katie Corkill, and I live at 1333 North Deer Creek in Parkside Creek Subdivision. After hearing a lot of the people speaking here tonight, I pretty much determined what my opinion would be in this matter. My father owns apartment complexes down in California, so I know first hand what does happen in the apartment complexes. It was a very nice complex when he bought it, but as things progressed in the Santa Rosa and Santa Clara area - he owns several. The growth expanded into those areas. The type of people that started moving in were more. transient and they left damage to the apartments. They didn't care. They left without paying their rent. If we do allow the apartments and overcrowding of our schools, I have had two children here through your schools. I have one that's finishing high school. What's going to happen is with the overcrowding from the people that are renting, they do not contribute to our tax base. I am a homeowner. I am a taxpayer. I am supporting these public schools. I personally resent the fact that you will allow overcrowding in the schools from these apartment complexes where they will contribute nothing tax-wise to the schools because renters are not a tax face. So that's my argument for it and one other thing on crime, we live in the Parkside Creeks Subdivision which does have Fuller Park there. That is a beautiful park. I walk there all the time. My daughter roller-blades there and just recently in the past couple months I've noticed kids of maybe 16 to age 20 smoking pot and taking drugs down by the canal where the cows are right now. That really bothers me and so my concern is with the apartments being so close that eventually they will mainstream into our park that's in our subdivision and it will become the hangout. I can see selling of drugs and things like that occurring right there in my own beautiful subdivision. Parkside Creek is a family oriented subdivision. I love it there. It's the nicest subdivision I've ever lived in and I've lived in four. I don't want to move. I can tell you right now. If this passes, my house is going up for sale and I'm moving to Eagle. Thank you. Corrie: You've done a good job, yes. Glines: My name is Mark Glines. I am a resident of the Parkside Creek Development at 1267 North Sawcreek. I am also one of those despised people that moved here from California. I moved here for exactly for the same reason that you're trying to put forth on us tonight. My house was half a mile from attractive land that was earmarked for high-density housing because the powers around wanted more low-cost housing for low-cost jobs. They wanted it at this one piece of area because it was right next to a mass transit system. What it's done in San Jose has destroyed neighborhoods. It's destroyed traffic flows. We have more traffic driving through neighborhoods to get past the stoplights that they had to put in to control the traffic. You have not addressed the issues of this traffic light that may get put in. You need the complete access to Fairview, to Franklin, to Linden. You need all those accesses completed before you can add Meridian City Council Meeting ( September 19, 2000 Page 29 128 units. It has destroyed what was a very nice neighborhood very similar to the Parkside area when we've added first 120 units. Then- *** End of Side 2 *** Glines: -- who wants to get the best for the land he's had there so long. We do have one property owner on the other side of our development who owns 360 acres wo~h close to $500,000,000. He is of the mind that I thought many people of this valley were - and that is stewards of the land. He has fought and fought and fought City Hall to make sure his land, for perpetuity would never be developed. And it has been earmarked for open space and for a farm to educate the children. He chooses to leave a heritage behind. There's no heritage to a high-density property when there's plenty of opportunities in this valley to appropriately place that high density property. This area is a community of small neighborhoods - tracks of homes on 1/3 acre - % acre. That's the way it should be. That's the way people who have moved here want it to be and their request should be honored. Corrie: Okay. Let me have a show of hands how many more we got, so we don't stand here until midnight. This is for "against". Jensen: My name is Rick Jensen. I live at 3720 West Pine in Meridian here. I am concerned about the dope smoking down by the ditch because those cows are in my pasture. I'm concerned of the drug effect of those livestock when I sell them. Growth is going to happen. We all know that it's going to take place and I think you people have a really hard decision as to determine what kind of growth is going to take place. It's a gamble, isn't it? Whether it's a subdivision or whether it's one level of apartments, two levels, three level apartments - high density and low density. It's all a gamble. There's nothing guaranteed as to whether any project is going to succeed or not. So what you do is you end up taking risks. You're taking chances. You're trying to gamble with informed decisions on making the best decision. I think by a project like this, high-density project that you've already heard testimony about from peoples' opinions and the increase in crime-related incidents that that's a higher risk and you're going to plot that project down right in between. If you just plot it on a map, it can't be anymore one distance to the high school than it is to the elementary school that's across the street. You're putting that risk of that taking place right in the middle of a real high-density of the people who are going to be the citizens of the future. These teen-age kids who are coming in and trying to express themselves and make a point. You are placing those people - I believe at Jeopardy when you take an informed risk on this type of project. I think there are other ways to go. I think that profits can be made. I think people can make money and we still move our community head in a sane planned and low-risk type of project. Thank you. Trampleasure: My name is Sharlene Trampleasure and I'm from the Cherry Lane Subdivision, 3565 West Tupaloe and I never planned to speak in public, so Meridian City Council Meeting (en-_ September 19, 2000 Page 30 .. ( I'm really shocking myself to be here, so anyway - I love Meridian and we've been here for about eight years. As we've watched other cities grow and other places we've been, I think that it's really important we take very careful planning of where you put what, or else we end up with a hodge-podge of apartments and single dwelling homes that cause all of the problems that we've already talked about here today and businesses where we don't want to have businesses. I get concerned about the residents of that subdivision where the apartments are going to be just for the noise factor. We need to put that many people and that condensed area - you almost never have a nighttime where elderly people or even young people have time to even go to sleep. The noise - and I concern myself with the noise too. I don't think that we've even addressed that issue with the noise that will come from that many apartments and that many people that happen when you have apartments. I think another thing that you ought to take into consideration are the number of people that are here in support of a no-vote. I know this is after the fact, but the more people that hear, you're finding the more people that are against this whole issue. Now they're coming out to show you that they really don't want these apartments either. The one other issue that I thought of tonight as I've listened to the different testimonies, is there's obviously a lack of honesty in some of the reports that you've heard - talking about sidewalks and saying the people are in support of even that issue of building sidewalks down Ten Mile and you've heard reports from residents and they were not in support and didn't authorize to be told. Thank you. Egan: Hi. My name is John Egan and I live at 2258 Ebbtide near the affected area. Like pretty much everybody else, I wasn't planning on speaking either. About six years ago, I had the good fortune of moving to this area from Missoula, Montana and the greatest thing that attracted me to this area is it's possible to buy a house here. In Missoula, we're talking 65 -70 percent rental versus almost complete opposite ratio here. Rentals do - when you put that many people in a small area, it does increase traffic much quicker than it would single-family housing. Everybody here is speaking about how much they love Meridian and I think one of the biggest reasons is because so many people own homes here. They have a stake in the community, whereas with renters, you do not get that. What this community needs more of is affordable housing that you can - home ownership is far more desirable goal than apartment dwellings and I hate to see this area turn into another Missoula where people rent than own their homes. Thank you. Webb: My name is Darrell Webb. I live at 1128 North Roper. Basically just hearing everybody speak and hearing the comments, I don't have anything else to say, but more have a question. I don't know. Can that be done? Just about the process - when you guys decide this is a process of what the ordinance are to build, or are you guys making the decision to rezone this to allow those ordinances to start to take effect? I don't know who can fill that question. Meridian City Council Meeting ( September 19,2000 Page 31 Corrie: Okay. What we're doing here is if we zoned and first off -- annexation and zoning and they're asking for an R-15 which would allow apartments. The next one would be the Preliminary Plat for what you see on the board here. The third would be a Conditional Use Permit. Webb: Is the zoning - I know there's a lot of personal feeling and objection. Is the zoning based on those comments or is the zoning based on meeting certain criteria and certain laws? Corrie: Meeting certain criteria - in other words, right now, It's RT, which is County. It's Regional Transit so if the Council approves the annexation and zoning it would be an R-15 and then they go from there. They have to have that zoning before they can go into that area. It's not if the Council says no, then they can come back with another zone or whatever the case may be. Webb: I guess my question is are they guaranteed to be zoned if they meet certain requirements? Corrie: Yes. If they were approved at R-15, that's the zone they have. I hope I'm answering your question. Webb: Well, it's like people are opposed. Does their opposition have any effect or is it just the laws that have already been made that are going to finalize this? Corrie: I think most of them that are objecting is because they don't want apartments there. That's what the zone would be. It doesn't necessarily mean it has to be apartments. You can have 15 houses to the acre in an R-15 as well. It would be smaller homes. Nichols: Mr. Mayor, members of the Council, if I may. The Comprehensive Plan designates various areas within what's known as the area of impact, which is outside the city limits, but within an area that the city has negotiated with Ada County as being likely to be developed in a 10-year period. The Comprehensive Plan designates different portions of those undeveloped areas as a specific use. In this particular case, it's my understanding this area is on the Comprehensive Plan as it exists today - is designated as mixed residential use and Mrs. Stiles - it's not designated single-family residential - R-4 - it's designated as mixed residential use, so it can be a variety of uses within that area and that could include up to - could it not, Shari - up to an R-15 zone for mixed use? Stiles: It could. It's not specifically spelled out in the Comprehensive Plan, but it was intended for something other than strictly single-family residential there. Nichols: So, to answer your question, Mr. Webb, there is a Comprehensive Plan which was adopted back in 1993 which is currently under review for revision Meridian City Council Meeting ( September 19,2000 Page 32 because it has to be updated every so often and- that's a projection in terms of where growth is going to go and what those anticipated uses would be. Webb: My next question, just for future reference - sorry to drag this out but for the people to have a say in how that Comprehensive Plan is setup, that goes before review, I'm imagining when it was - Nichols: Mr. Mayor and members of the Council, there will be public hearings with regard to the Comprehensive Plan. There have been open houses already with regard to the proposed Comprehensive Plan and the Draft Plan. All of that is the process before this body adopts it. Webb: I think my feeling was that for future reference for those that are here that are opposed, that they can take an earlier stand and kind of shape their community in the planning process before it actually comes to this point. Corrie: Okay. Anybody else. Okay. We have one more here. Myer: My name is Seth Myer. I live at 1122 North Roper Place and what I have are just a few quotes that I want to read to you. Some of them are from previous meetings and some of them are from people in the community. First of all, I wanted to give you this map and the area that I'm going to be talking about is this little triangular shape parcel right here. This is Pine and this is Ten Mile. This is the Valeri Heights Project is right here. Ben Jefferson's residence is right here so it's right next - Bird: That was the Eddie Project, wasn't it? Myer: That was the Eddie Project. Haven Cove no. 7. That was submitted in June of 1997. I am going to read you a lot of the same concerns. The reason I bring this up is because this is almost in the same location as that project was. It was a three-acre parcel. It wasn't twelve acres and they were proposing townhouses - two-story townhouses - not three-story apartments. I just want to touch on the few of the things that came out in those meetings. The meeting of June 18, 1997, Mr. Dave Fuller from 890 North Ten Mile in Meridian stated the following. "We would prefer single-family dwellings rather than townhomes. He also stated "I am already R4, but as soon as you let R-15 go here, it is going to go right on down the street. He also stated the traffic problems is something I believe Planning and Zoning and Ada County really needs to take a look at. Like I said, I have talked with the developer, and before you guys make any firm decisions, we would like to really push you hard on the R4 rather than the R-15." So here's a citizen of this area who was against an R-15 in right next door to him. The second thing I have is the Findings of Facts and Conclusion of Law. It was submitted by the Planning and Zoning after this first Planning and Zoning meeting and it states - this was on June 18, 1997. Again, I'm reading this. "The applicant is proposing the R-15 zone adjacent to existing residential property. While higher densities along major transportation corridors should be considered Meridian City Council Meeting ( September 19, 2000 Page 33 by the city, consideration must also be given to the existing residents. Buffering for this use will be hard to attain. On that particular project, the buffering that he's referring to is there was a canal, the eight-mile lateral was between the residential and that project, but that project had no streets connecting to the residential. The only street dumped directly onto Pine Avenue and I feel like the buffering for this is this is much more intrusive than that project was - also from the same Findings of Facts and Conclusion of Law, it states the following and I'm quoting again: "It is concluded that the development of the entire property as an R4 low-density residential district would be more compatible to the development and surrounding area." When they did take the vote on it on July 8, 1997, three of the four City Council people voted against the zoning of R-15 of that property. The only one person who voted for it was Mr. Borup and I don't know why he voted for it, but perhaps those of you who know him would understand why he did. The only other information I have to present are Items concerning the ACHD. The ACHD letter dated August 15, 2000, Point No.2, Letter C states "prior to any construction, all street improvements must be completed to the satisfaction of the ACHD or a surety agreement must be executed. There is no guarantee that a surety agreement will be executed." In other words, street improvements are not guaranteed to happen. Also, ACHD sites specific requirements Page 6, No.3, Letter D. states "Pine Street shall be paved back a minimum of 50 feet from Ten Mile Road." On page 6 of the August 22 City Council minutes, Mr. Bailey stated " They,- the Episcopal Church, are willing to accept a proposal from us on that." However, there is no' evidence of an accepted proposal from the Episcopal Church. There is no guarantee that Pine could be extended to allow for a full intersection which would allow the placement of a traffic light. Also, in an ACHD Planning and Development Report, page 1, first paragraph stated: "This development is estimated to generate 1320 additional vehicle trips per day." In other words, this will only make the traffic problems worse. Also, this has already been covered about the sidewalk, but I need to read this also. ACHD Planning and Development Report Facts and Findings Letter P states: "All off-site sidewalk should be located to match existing improvements, 41 feet from center line to near edge of a sidewalk and will be constructed at the developer's expense." Also, Brian Harris, ACHD Public Relations Manager states "Sidewalk on Ten Mile to Cherry Lane will be constructed to its ultimate location as if Ten Mile was a four-lane road." The Meridian City Council minutes dated August 22, 2000, page seven, Mr. Bailey states: "As of right now, we have verbal agreement of all but two of the property owners on the east side of Ten Mile Road to extend that sidewalk." That is the quote. If they don't wish to sell it this time, ACHD will accept an easement from those property owners in order to construct that sidewalk. That's all at the cost of the developer. This is what Mr. Bailey.stated. However,. in a conversation with an ACHD representative, we learned that ACHD will not condemn and take over the property on Ten Mile to force the construction of a sidewalk. There are four property owners on Ten Mile whose property would be effected. Rex and Elma Harrison, which you have heard a letter by them - Miller Bailey - you've heard her personal testimony. Greta Hewitt and Pastor Roy Filletti - they all Meridian City Council Meeting ( September 19.2000 Page 34 emphatically deny ever giving verbal agreement allowing the installation of a sidewalk on their property. Furthermore, they express at this point to being misled to think the sidewalk would be constructed adjacent to the existing lanes on Ten Mile rather than 20 feet into their property as required by ACHD. In conclusion, as of this afternoon, the changes promised at the neighborhood meetings have not been followed through. Therefore, it is apparent that a surety agreement or a letter of intent addressed to the concerned residents dealing with these issues has not been a priority to the developer. We are concerned that the intentions of the developer may not be as sincere as they have been put forth. Thank you. Corrie: Anyone else that hasn't testified before? Nelson: Council members, my name is Marion Nelson. I reside at 3295 Falcon Run. I was born in this town. I have lived in this town in the same house my entire life and I'd just like to say that there has been three subdivisions go up around my house - one including a rent trailer home thing that didn't succeed because of too many complaints by the neighbors and so forth and I feel that if those kind of things can't make it where I live. I live between Victory and Amity Road in Eagle. This apartment complex can't make the residents happy if it's close to an overcrowded school already. I feel that if the developer would like to bring this kind of thing in, that's fine, but I think that he should build this for the coming students. Right now, Meridian High School - I go there every day. It's so crowded. I get 'c'laustrophobic in the hallways. It's horrible. I feel that a school should be built before a developer can make an apartment complex that will bring more students in. It's just absurd that this would be allowed when our community needs so many other things instead of more people at the current moment. Thank you. Corrie: Thank you. Anyone else? Atkinson: Mr. Mayor, Council members. My name is David Atkinson. I live at 1124 North Lightning Place. I'm a little nervous so you'll have to excuse me. I'm not a public speaker, but I've been involved in this and followed this project since well over a year ago. The majority of those in support of this project stand to gain financially from your approval of this project. Many of those supporters will be gone from this area if you approve this project. The majority of those opposed to this project are residents who plan to be here for a long time. We have to live with the decisions you make tonight. Our petition, last Spring, had over 300 signatures from residents who live in adjacent subdivisions. Mr. Fuller's new petition that has been submitted and we reviewed - if you'll look closely, it's signed by few local residents and a lot of people who do not even live in Meridian. Mrs. de Weerd, I wanted to address an issue from the last meeting where it appeared that you felt there was a consensus with the developer and people that lived in the subdivisions next to it. There was not a consensus. I've never heard any hard facts, any hard numbers of who was for or against this Meridian City Council Meeting ( September 19, 2000 Page 35 from those meetings. I applaud them for meeting with us. I think that was very big of them. I think that Mr. Bailey and Mrs. Walker were very good to do that and - but there are issues that they were not willing to budge on. Nothing personal to Mrs. Welker, but how do developers be held accountable? If they come in and promise things, they can't come back and give variances for those promises, changes to those situations without very much input from us if they've already got their project rolling. So, there is now confusion over an area where the traffic light would go in at Pine Lane and quite possibly who owns that area of land. That puts that entire street light - traffic light in jeopardy because there is a lot of confusion. Some of this has been brought up also before. There is confusion over who will and who will not allow sidewalks to be put in. Without those sidewalks, Valeri Heights is an island with sidewalks connecting to nowhere. Residents including children will be walking in already overburdened roadways. There has been no specific number, as you pointed out in the last meeting, Mrs. de Weerd, as to how deep those buildings can be sunk from that consensus from those meetings with the neighbors. We've heard no hard numbers, no promises and seen nothing in writing what they can and can't do. There was confusion over whether the Fire Department could access that. I think Mr. Bowers addressed that earlier, so that's not an issue. What recourse will adjacent subdivisions have if apartment buildings are built and promised privacy is not there. What recourse does the City of Meridian have if you grant approval and the developer cannot put in the traffic signal and sidewalks. What if they get into this and say, "Gosh, we can't do this any longer." They need to have those approvals prior to that and I don't see where those approvals have even been reached or bargained or however you would like to call that. Corrie: Three minutes are up. Thank you. Anyone else that has not testified that wants to do it? Ferner: My name is Roger Ferner. I'm currently residing at 2947 West Willard Street, which is the home of my son. We are property owners of a plot at 4078 West Teeter and we're currently constructing a home which was to be finished in about a month to a month and a half. We're concerned about the added traffic. My son's home is close to the proposed project and he's concerned about the extra traffic and so forth that will generate for him because he's closest. We'll also see more traffic in our neighborhood as well as along Ten Mile and so forth. We would urge you - myself, my wife and my son to not approve the R-15 zone for this particular project. I think we need to keep the density down in this neighborhood. Thank you. Corrie: Anyone else at this point? Council, do you want to take a five-minute break and then come back to the - we'll have the - we have five people that have already testified - five on each side. Then we'll have the developer answer any questions that might have come up on the other testimony tonight? Bird: Do you want to take a break, Mayor? Meridian City Council Meeting ( September 19, 2000 Page 36 Corrie: It's up to you. Bird: I move we take a ten-minute break and come back at ten 'til. Anderson: Second. Corrie: Motion made and seconded. (Meeting reconvened at 9:47 p.m.) Corrie: As I mentioned earlier, we'll take five from each side that may have any new testimony that they want to bring in or otherwise - limited to three minutes and then we'll have the developer answer any questions that may have come up from the testimony. Okay. We have - I need five hands of who wants to talk "in favor" of this. Okay. We've got one. Okay. Steve, first on the four- Bravo: My name is Steve Bravo. I reside at 3715 West Pine. I've been following this pretty close. Initially, like I said before, I was against it, but hearing all of the testimony, I just can't help but feel that most of this boils down to "not in my backyard." These complexes and these subdivisions are going to keep coming. They're not going to - we're not going to be able to stop them. I don't think it's right to have the attitude of "not in my backyard." We're going to have to play catch-up with the roads. We understand that. We got a chance here to get a little bit of help. Down the road, we're going to get a little more tax base to the City without homeowners' exemption, so it's better than homes going in as far as income to the City. It's more efficient use of the city services - sewers, water - things like that and I just think it's something that you guys got to let go through. I think it's just going to help in that area of town. A lot of my neighbors don't like the idea, but I'm looking forward to getting some of the services that will come with it and save trips into town. Being a business owner, it's going to bring more people - maybe help my business. It's a little selfish, but that's what we're here for is to make a living. The old days are gone. I didn't like it when the subdivisions went in. I've lived here for 25 years. I've got subdivisions all around me. That's progress, folks. I'll have to move farther out or something, but the land value is going to stay up there with the development going in. I don't think it's going to harm these houses - short-term, possibly but long term - I don't think it's going to have a detrimental effect to the people that already own houses. It's helped my property value with their developments coming in and I just feel that we ought to let it go and bring it on. Corrie: Anyone else? F'uller: I wasn't going to speak tonight, either because I thought I had a pretty good presentation last time, but I've been watching a little bit on the news - some of the theatrics, so I thought I would add just a little bit tonight and I kind of Meridian City Council Meeting ( September 19, 2000 Page 37 apologize for that, but my daughter is a pretty sweet gal. What I've noticed on - what people and this whole community - not just Meridian, but in the whole Treasure Valley - the big issue from the people that have been here for quite a while is the traffic. In this project, we're trying to do something to help with the traffic. You can't solve it all, but we're trying to help with it. The second biggest number one complaint was the newcomers from the old folks that have been here. The second newcomers are the complaint. We've heard an awful lot from newcomers tonight. 1'1( tell you what. This gal here with the private - what happened to her? Anyway, she has moved. The property owners have rights, too and this does come down to the law. Everybody has got an opinion, but it comes down to the law when it's right basically there. We're not trying to do anything to hurt the neighbors, but I'll tell you what. If it doesn't go, we've got some new planned advancements on our farm that they're not going to be happy with and Ron probably won't be happy smelling them, either. We've already checked with the County, and we're allowed a lot of hogs and we're going to bring them in. It's not retaliatory. We're just going to try and make a business out of it. If you don't like it, maybe you'll vote for the people instead of the hogs. This Wal-Mart deal that we've all been watching in the news - 1200 signatures against that. Talk to me about ridiculous. That property was already zoned commercial. Yes, it was a different type of commercial, but it passed. It shows you that you have got to work hard and there's a lot of opinion and a lot of opposition. Keith Borup of Planning and Zoning - he told them to bring on 2000 signatures. Well, they've been out there working hard. They've got a lot of signatures and they've got a lot of opposition. But is the opposition - is it really going to help? If you accept the opposition on the traffic and on what their feelings are and on the newcomers coming in, what does that opposition do to me by downing this project and affecting my legal rights? I own the property. I have a right to build on it. All we're trying to do is work with the City on it and do what we can for the City. Now, I've been - my wife's been down there, Tammy. We're going to be down there again. If this doesn't pass, we're going to go for commercial. I don't care how many years it takes to go for it. We're going to go for it because we're not going to fight all these neighbors again over these apartments. It's just plain stupid. You guys are setting up the base here, and we're trying to follow it. As far as the Bailey or Harrison on the sidewalk issue, no, they don't want the sidewalk there. But I talked to Harrison. He said, "Dave, that's your property. Build whatever you want to on it." I said, "Well, what about the sidewalk?" He said, "Well, as long as it's on the County right-of-way, I haven't got anything to say about it." But I do want money out of that County when they come through and they put the regular relation in. You've heard a lot of stuff tonight about lies and dishonesty. Most of it is coming from the opposition. Crime ---hey have no proof there's going to be all kinds of crime. As a matter of fact, the police patrol that area right now in the County. Cars going by there all the time - police cars because it's the loop. It should be in the city. That development - they're already there within a minute's notice to protect or to have any calls. So they're already patrolling it. You talk about crime and I don't believe crime is the issue. More people - more crime no matter where you put Meridian City Council Meeting { September 19, 2000 Page 38 them. I'm not going to get into it too much, but like the other gentleman mentioned, you've already talked about a couple hundred acres west of me. Shari, you mentioned this was too far out. That's just plain ridiculous. You're letting them go miles beyond Black Cat. It's not too far out. Let's the inner core and do it with a good project. If you are going to have them 400 more cars or 400 more homes there and they're going to travel right down there by me to the high school. You're not doing anything to fix that dangerous corner and here we're trying to do something with it. I just mentioned to Mr. Anderson that yes, I did vote against Mr. Blaser's townhouses a few years back or however long it's been. If you look at the map, that's our single-family - white - on the map, it's single-family. It wasn't mixed use or mixed-residential or anything else. It was single-family. If you would have held neighborhood meetings and said, "Hey, we'd like to change this." Maybe he could have made some headway and done something with that - changing it. He never held no neighborhood meetings. You guys could have walked over me on that by saying, "Hey, I was just one testimony. I didn't run around the neighborhood putting up banners saying to stop this or that." The school bond was tonight. I am pretty sure it's passed. This school issue is a done deal, man. We're going to build new schools, so I don't want this project denied because of schools. I'm tired of hearing that. Discrimination - you've heard - one more sentence. Former apartment dwellers - they've testified up here that they've been in apartments and they're testifying against themselves on discrimination. I tell you, it's pretty disheartening. Have a good night. Corrie: Anyone else? They've got three more. Three minutes. Marquesi: Michael Marquesi. I am with Summit Real Estate Services and I just want to cast a vote towards renters - that's my profession. I've managed apartments for 20 years. There are professional ways to manage apartment buildings where you don't attract crime - where you can screen residents out. I know you've heard this before, but it's kind of rebuttal to what's been said that the sense that every renter is going to be overcrowding and a bad resident and not a good neighbor and that renters aren't taxpayers. Of course you know that the owner is a taxpayer and where does he get his money? He gets it from the rent from the people that live there. That didn't fly either. There are multi-family crime-free programs. There are neighborhood watch programs. There are plenty of ways to professionally manage apartment buildings. I've done that for many years. I managed the Aspen Hills Apartments - 120 units here in Meridian. I just kind of want to cast a vote. I am a renter myself and so renters aren't all bad people. I am sure you know that and I just felt kind of rebut some of the statements that were made. Thank you. Kerns: My name is Amber Kerns. I'd like to say that I am a renter. It sounds to me like there has been a lot of discrimination on renters. The apartment complex that I lived in was in Boise. It was Parkwood Apartments. It is the most quiet - it's more quiet than the neighborhood that I live in now. There is a professional Meridian City Council Meeting ( September 19, 2000 - Page 39 ( way to run apartments. It has been stated before that it's very easy to buy a house now. Not everybody has to rent. Well, I'm 22 years old. Do you expect me to go out and buy a house? I have tried. It's really hard and I have a very good paying job. I just haven't been able to do it yet. You can't expect people my age to just live with their parents until they can buy a home. It's just impossible for young people today - I mean houses start at $90,000 and go on up and you expect us to just be able to go out and start purchasing. Well, then, you know all of us young people are going to be claiming bankruptcy because we can't afford it. Meridian is a very good town to live in. That's why a lot of people are coming here. I personally would rather live in Meridian than Boise or Nampa and I would rather rent just because that's what I can afford right now. Thanks. . Corrie: One more. Calhoun: My name is Colleen Calhoun. I am working with the Fullers on the sale of their place but that is not my only motivation. I have lived in Meridian for over 30 years. I still own numerous properties in Meridian and I have rentals in Meridian. I am pretty well versed on the whole go-around on it. I kind of take objection to anyone looking down their nose at renters. I've had some renters that have lived in properties for eight years and have been excellent renters. They've got some of the best looking yards and the best kept houses in the whole neighborhood that they live in. I think it's really discrimination. They need a place to live for whatever their reason. It doesn't have to be that they can't afford a house. It can be just choice and they should have that choice. A lot of people love to live in Meridian and there isn't enough jobs in Meridian to put all of these Meridian people to work. They have to drive to Boise. But how many of these people that came from California, Colorado and so on and so forth that they bring their kids and their cars - you know. We have got to make room on the roads and we're going to have to make it whether these apartments go in or not. The videos that we have shown tonight - it has to be done. This will help the road in the interim. Thank you. Corrie: Okay. We've got five for the against. Ghasserani: Mr. Mayor and City Council members. I am here tonight not threatening you. I am here as a concerned citizen. I'm Chelsea Ghasserani, Haven Cove Subdivision. Unfortunately, we're a little out of order due to the restrictions put on us, so we hopefully will present this presentation as best as possible. We've spent hours and hours trying to let our community know that we felt our community had the right to know about this project. It was not theatrics. We were not trying to upset any people involved in this project. The information was simply that - information that we were trying to let our neighbors know. I think we've been well represented tonight. I'm here tonight representing the Meridians for Intelligent Growth. My challenge to you tonight is not only to hear our words, but listen to the issues that we have addressed. From the first paragraph of the City of Meridian Comprehensive Plan 2000, it states, and I Meridian City Council Meeting ( September 19,2000 Page 40 (" quote: "The purpose of the City of Meridian's Comprehensive Plan is to integrate the concerns and the expressions of the community into a document that recommends how a city should grow and develop in order to maintain its small town character and charm. Please understand that we are not opposed to the growth in Meridian - specifically apartments. As other people have stated, we feel that there are better places for them. We support completely Mr. Fuller's desire to sell his property. We did not feel at the time we became a coalition that they were approachable. However, the project proposed for this location will not improve our traffic situation. It will not make our streets safer for our children. It will not enhance our community, and in conclusion, this project will not provide intelligent growth in Meridian. Clark: Hi. My name is Jody Clark, and I reside in the Haven Cove Subdivision which is near where this proposed project is going to be placed. I am up here in regards to a lot of us here tonight on the traffic issue and I'm not up here to repeat a lot of information, but instead give you a lot of facts and figures that we actually came up with to prove that there is a major traffic issue going on. The traffic and surrounding areas of Meridian that would be generated from Valeri Heights Project is of great concern to many of us here tonight. The streets that we've talked about - Ten Mile, Franklin, Linder and Pine in Meridian already have difficulty handling the capacity of traffic due to the major unplanned growth of our community. This additional proposed growth from Valeri Heights will create 134 dwelling units plus 26,000 square feet of commercial office space on the 12.73 acres. This means that there was an estimated 420 cars that would be in addition to that project. Coming up with a number of 1 ,455 car trips additional in that area. So that's 1 ,455 additional car trips just from this proposed project alone. These streets aren't equipped to handle the additional volume that Valeri Heights would create. Some of the facts and figures that I have come up with were from ACHD reports. In August of 1997, ACHD conducted the following traffic survey. In August of 1997, there was a proposed 6,072 cars that traveled on Ten Mile Road. Just in November of 1999, they did a repeat more current updated study. That was increased to 8,551 cars traveled over that area per day. In the two years alone, that's an additional 2,479 cars just on Ten Mile alone. They also have another additional study on Pine Avenue, which was done again in August of 1997. This was 1 ,838 cars per day traveled in that area compared to a more current updated traffic survey, which was done on January 6th. That survey showed 4,678 cars per day. Again, if you do the difference, it's 2,840 more additional cars in the two-year period alone. Let me remind you that these traffic studies were done while Meridian High School was out of session. There's approximately 2,100 students that go to Meridian High School plus additional staff. All that traffic that concurs through that time was not included from the Meridian High School students. That's basically everything else. There was also a separate traffic study that was done for Valeri Heights project by Dobie Engineering. In that study, he sites, from the COMPASS Forecast study that was done in 1985 for the protected future traffic - the following traffic Meridian City Council Meeting September 19, 2000 Page 41 projections were stated: On Ten Mile Road, they estimated by the year 2005 that we'd have -- *** End of Side 3 *** Clark: -- during that time. But, in fact, the actual study they did was 8,551 which goes to show that we have already exceeded the 2005 traffic projection and that's not including this project. The same traffic study done by Dobie Engineering, he sites that Valeri Heights Development will generate the 1 ,455 new car trips. He states alone that left-turning traffic exiting to Pine Street will experience severe delays. Everybody keeps talking about the streetlight improving things. Well, we have quoted here, in a letter, too that they have set the addition of dedicated left-turn lanes will improve this condition. We're not talking about putting in turn lanes. All they're talking about is a light, so it's not going to improve. The intersection of- Corrie: Jody. Clark: Basically, I'm wrapping it up. You've seen the videos. I also have additional pictures that document all the traffic if you guys would like to see these. This project will just complicate current congestion that we already have and pose many safety issues. It's the main intersection for entrance to Chaparral. Meridian High School is near. There is no sidewalks and all that so -- Thank you. Would you guys like these pictures? Corrie: They'll become ours, so unless you want- Dailey: Members of the Council, my name is Chris Dailey (sic). I live at 1167 North Gray Cloud. One of the things that I wanted to touch on just briefly was some information that I came across when working with the Police Department of Meridian trying to get some information based on the amount of traffic that's in this area and what that really means. Based on just a one-month pulling period, there's a - between the combination of citations, violations and traffic accidents, there's a total of 137 instances in a 31-day period. If you average that out, that's a little over four per day. Those accidents total about one per week. That's with the existing congestion that we have today. There have been some statements made that if we build it, ACHD will come in and fix it. However, I see a problem to that. That is that if we increase the traffic in that area, we only increase the probability of a serious traffic accident for the residents, the school students and those that live around in that area. I think that through a process of this development, it could hinder and stop some intended progress to increase the roads prior to coming in. I don't know how the whole process works, but I would appreciate you taking that into consideration on your vote tonight. Eberhardt: City Council, my name is Devin Eberhardt. I reside at 1150 Gray Cloud in Meridian. First I would like to rebut a statement made by a young lady Meridian City Council Meeting ( September 19, 2000 Page 42 ( "in favor" of this project. Up until a few months ago, I was 22 years old. Now I'm 23. I own my own home in the Thunder Creek Subdivision. Schools- everybody has talked about overcrowding so I won't go too much into that, but in past meetings, the Valeri Heights Project has been compared to the Aspen Hills Apartment Complex by the developer. Aspen Hills Apartment Complex on James Court in Meridian - it has a total of 120 units. Just to give you a breakdown as to how many children - if it has a 48-unit one-bedroom apartments - it has 60 two-bedroom and 12 three-bedroom. Now if there were one child per two-bedroom apartment and two children per three-bedroom apartment. That would be a total of 84 children. Now, you go to the Valeri Heights Project and it has 18 single apartments. It has 82 two-bedroom and it has 36 three-bedrooms. So if you go by the same numbers, you get 82 children in the two-bedrooms and you get 72 in the three-bedrooms, which is a total of 154 children adding right there on that corner with that commercial development with the traffic as it is with no guarantees of sidewalks being put in at all until the widening of Ten Mile is taking place and ACHD provides the sidewalks for Ten Mile. That's all I have. Thank you. Corrie: Thank you. One more. Martin: My name is Steven Martin. I live at 2885 West Forecast Street, just north of the development. My first presentation to the Council is 103 cards, Mr. Mayor. The consensus of the people signing these cards aren't necessarily those that have previously signed petitions. We have over 95 percent of the people signing those cards as non-signing anything prior before. Each person that we talked to signing these cards would like to go on record that that card be submitted as a legal letter - not just a petition. In statistics again tonight, we have over 203 people signing the opposing record book. You have 103 cards. You have 100 people here tonight in addition to the cards. You have 27 people that signed in tonight only "in favor" of this project and five undecided. I'm not normally a closer, but I will give it my best shot. We are not against growth. We are in favor of intelligent growth. The one thing that has come positive out of this development is the fact that the Meridian residents have now consolidated and made a coalition. What you have seen tonight will just be a beginning. We will then be at the Comprehensive Plan at Planning and Zoning and we will continue this process. And I say again, if one thing positive has come out, this is what it is. We have banned together. We have created what you now call Meridians for Intelligent Growth and you have not seen the last of us. The third thing that we'd like to talk about is honesty. Mr. Anderson has sustained his vote for basic issues that would be addressed. I did not receive a notice for the first town hall meeting. I did not receive a notice for the second town hall meeting. I went by word of mouth. I can honestly tell you from the meeting that I attended, not all issues wanted to be heard by us residents. As you heard tonight and I don't want to repeat it again, there are five landowners north on Ten Mile and you've heard from three of them. We have written confirmation from the fourth. There is Meridian City Council Meeting ( September 19,2000 Page 43 ( not going to be a sidewalk authorized by these owners. We are not against growth. This project is not in the right location. Thank you very much. Corrie: Thank you, Steve. Council, any questions of anybody? Yes, the developer. My apologies, Mr. Bailey. Bailey: Mr. Mayor, Council members. David Bailey again. I think we had to clear up the issue of the sidewalks and I'll go through the history of that so that we can discuss what we talked about on the sidewalks. When we met with the neighbors, we talked about several different issues and several different ways to provide pedestrian traffic up Ten Mile Road. The neighbor suggested that a sidewalk would be good. Among a group of things that they suggested, I thought we were as honest as possible in telling the neighbors that there are some things we can do and some things that we can't do. The things that we can't do - if we could try to do them, we would try to do them. What we specifically told them in that meeting is that we would ask the neighbors if it was possible to put a sidewalk on the east side of Ten Mile Road going to Cherry Lane. We went out and talked to the neighbors. I can't say "we" because I did not do it. I had a discussion with Millie Bailey - Mrs. Bailey and I apologized to her outside and she didn't accept my apology. She thought I harassed her on the phone and I certainly didn't intend to do that. I asked her some issues about how we could move that sidewalk and how we could make it work. Vicki Welker had informed me that she had talked to the rest of the neighbors and that the rest of the neighbors were open to it. This is my fault in not doing the research on this and finding out exactly who and asking the questions, but she had talked to the neighbors and felt very good except for Mrs. Bailey and another gentleman who said that he would not let us build a sidewalk unless ACHD bought the right-of- way. When I made my statement in the meeting, that as of right now, there's a verbal agreement. All but two of the property owners on the east side of Ten Mile Road to extend the sidewalk on the east side of Ten Mile. It was my impression that that was the truth and I understand that it was the truth when I said that to you and that's reading right out of the minutes here. ACHD had approved purchasing that right-of-way with funds from the Ada County Highway District. We don't have this all locked up. We don't have a lot of things all locked up on this project and I challenge you to find any developer who has everything locked up when they get their Preliminary Plat approved. It's just impossible to do. We couldn't go buy that ground. ACHD won't buy it. We couldn't go negotiate for anything until we have an approval to move forward in at least a zoning on the property on this thing. That's just the nature of the business we're in and the nature of the business that you're in, for that matter in that you provide us with conditions of approval that we have to meet. If we can't meet the conditions of approval, we can't build the project. That's'the point of the process as I understand it and that's signed for by the City and the developer in the Development Agreement. We have made certain promises in this. We have provided those promises in writing as to what we're going to do. That list of promises and it's repeated again in the letter that you received from Susan Meridian City Council Meeting ( September 19,2000 Page 44 (- Wildwood - the developer's attorney who couldn't be here tonight - those lists of promises that we made are listed in there and we fully expect that those would be delineated in the Development Agreement. If we can't meet those conditions, we can't do the project. These are things we promised to do and we're willing to agree to them in writing. Those have been delineated. Those have been passed out. That list was also developed from the meetings that we had with the neighbors on what we could do with this project to make it work - to make it acceptable with the neighbors. We're chasing a moving target here because we get additional people who come in all the time - people who said that they weren't at the meeting and couldn't be at the meeting, weren't invited. We noticed people in a 700-foot radius from the property for our second meeting. That is well beyond the requirement of the 300 feet. We tried to get everybody involved. We posted notices in the neighborhood to get people involved in that and we felt in leaving that meeting that we had a consensus of the people who were at that meeting that if we met that list of conditions - we certainly got a good list of them - that if we met those conditions, that this project would be acceptable to them. Erma Atkinson was one of those and Laura Wilder was one of those who was early on and all the hearings that we went through and reported themselves to be representing at least in some fashion, the neighbors in that area as far as what they were doing. The other one was Mr. Walter - Reese Walter was at that meeting and we talked to about these issues. We can't get everybody's agreement on everything, but we sure as heck have tried the best we could to do what we can that's right. I guess at this point, I think we meet all the requirements. I think we've jumped through all the hoops. I think we've done everything that's asked and we don't know what to do else to make this thing work. We've been honest about what we can and can't do and we'd ask that you'd vote on this tonight and let's all get back to our lives on how we do things and we would certainly prefer to have this project move forward. We think it's the right thing and we certainly hope that you, as a City Council will do what we think is the right thing for Meridian, which is improve that intersection and provide apartments in that area and provide help to the City - something that's going to help. If this comes back single-family, there's no way there's going to be signal there. You're approving projects to the north and west to this project that are going to add traffic to that intersection and there's going to be no help for that. Other than that, I'd be glad to answer any questions you have. Corrie: Okay. Questions? Bird: I have none. Bailey: Thank you very much. Corrie: Okay. I believe that's the final one, right? Questions on the record for public? Any questions you want to ask the public or staff? Bird: Do it now before we close. Meridian City Council Meeting ( September 19, 2000 Page 45 Corrie: No further questions. I'll entertain a motion to close the public hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the public hearing for the 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 for proposed Valeri Heights Subdivision. And also close the public hearing on the Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and two other lots for 12.73 acres in proposed L- a and R-15 zones by Vicki Welker and Gold River Companies. And also close the public hearing for Conditional Use Permit for proposed Valeri Heights Subdivision for 128 unit apartment complex, townhouses and office on 12.73 acres in a proposed L-O or R-15 zones by Vicki Welker, Gold River Companies. De Weerd Second. Corrie: Motion made and seconded to close the public hearing on Items 6, 7 and 8 as directed. Any further comments? Hearing none. All those in favor of that motion, say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Comments. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess I will make a few comments since it appears that I'm going to be the swing vote and depending on which way I go, you might be a swing vote. This is a really tough decision for me. I, personally, of all the Council members and the Mayor live the closest to this project so I'm probably impacted as much as anybody because I live in the Parkside Creek Subdivision also. Given the history of this project, I did vote "no" against it the prior time that it came before us and there was a number of issues, all of which many of you have eloquently stated over and over in testimony and letters, but I think there are a lot of new people here tonight that have been brought in to this process since this all started, so I guess I would like to explain some of that history so that you can understand a little bit where this is coming from. I know there has been a lot of drawing lines in the sand on both sides and unfortunately, we've seen a little bit of ugliness come out in this meeting tonight from both sides. I hate to see that because those types of things aren't productive and do nothing but divide our community. With some of the original proposal, the biggest concerns that we Meridian City Council Meeting September 19, 2000 Page 46 ( had heard were traffic problems on an already congested intersection and arterials that were only two lanes wide. I agree with that, and I don't think there's anybody on this Council that disagrees with that. I think it's important that we all understand how roads get improved in Ada County because we're all part of this system and that's something that we've created for ourselves. Several years ago, we formed something called Ada County Highway District and as development goes in, there are impact fees paid by development and those impact fees are then used to widen streets and make the necessary improvements. In this particular case, the developer has offered to pay for improvements in the intersection. But I agree with a lot of you. Just simply widening an intersection doesn't solve the problem. We've still got two-lane roads leading up to and away from in several square miles here. So the real solution is major widening of all the arterial streets in that area. The only way that's going to happen is if we get the support like what we're seeing at this meeting here tonight for everybody lobbying Ada County Highway District to get these roads improved. That's probably not likely to happen. You guys have all heard their statements - that until the traffic counts reach a certain number, they don't make improvements. We, as a Council, don't have a street department. We don't have money that we could go out and widen the roads. We would love to do that and we would love to be proactive and do those things ahead of time. Unfortunately, we can't make the decisions for another government agency. You, as citizens, voters and taxpayers, can lobby those people and you can request those types of things. So we have a developer who is willing to make some improvements in an intersection and I'm not going to shine you on there. It sounds like in a testimony - they're not paying all of that. Ada County Highway District would put up the money for the equipment and they would put up the money for the installation is what I heard in the testimony. So we may make some improvements right there in that intersection which would definitely help flow when cars are turning with the left-hand turn lanes that would be put in there. That, in my mind, would be an improvement. The piping of the ditch in the corner and the elimination of the concrete barriers there would also make it much safer for anybody going through that intersection. I'm concerned" about that because I travel through that intersection a lot and my wife and kids travel through that intersection a lot. Some of the other concerns were with the streets that ran through into the subdivision to the north. I think the developer has made some pretty good changes there with the approval of Ada County Highway District that the cul-de-sac that we see coming off of Ten Mile goes in and dead- ends. That used to go through in the first plan. That eliminates some traffic flow. I think they've also done some things with the design of the parking and that so that the intent is to reduce the amount of traffic that would head north on the other road that does connect. The island was an intent to also limit and restrict and help to slow the traffic that would be going north. There were other concerns and that was the buffering and the view and things like that. They have done some things with moving the garages. They've moved them back. They've broken those up a little bit to make it more attractive. They've done some improvements in the apartments themselves. They were first taunted as luxury Meridian City Council Meeting (r- September 19, 2000 Page 47 ( ( apartments and I even made a comment in the first meeting that I didn't think they looked too much like luxury apartments to me. They have some substantial improvements in the amount of landscaping, the architecture, the bricks, the retail area out in the center. I don't know if that's a good idea or not. I guess I'm like you. I kind of like single-family residents, but I think I might be not necessarily a majority on the Council and I don't know that we can rubber stamp everybody and say that everything in Meridian has to be an 8,000 square foot lot and that every house has to be "x" number of square feet. I don't think we all want to live in the exact same type of house. I guess my view on apartments is that there probably are people that can afford a home to start out with and maybe living in an apartment is the solution for them and I think the developer stated very much - this is not a developer from out of state who is going to come in, throw a development in, take their money and leave. This is a developer that grew up in this community. It's a developer that plans on staying in this community and living in this community -- possibly even living in this complex at some point, so I don't think her intent is to put in a shabby complex. They've done a lot to dress this thing up. As I heard the testimony and as I listened to the comments that you people made, it became very apparent to me that they started addressing your concerns one on one and they started to resolve those. Then it boiled down to the bottom line here - you just don't want an apartment. You don't want an apartment complex behind you. So it doesn't matter whether that sidewalk went all the way up Ten Mile Road. It doesn't matter if there was a sidewalk on the other street. There would be other reasons why you don't want this apartment complex. Then we started hearing all kinds of rhetoric and we started having to sort through what is meaningful. I live in the area, too. When I look at the claims about - this is going to decrease our property values. If it decreases our property values, it's going to decrease mine, too. I personally don't believe that that is what's going to happen. I've seen apartments go in other areas and I haven't seen the values of the property drop. So fundamentally, I have to ask myself - it's just apartments. We also heard about the process here tonight and we talked about that Comprehensive Plan. That was developed in 1993. It's going through a revision right now. Believe me. We've advertised the dickens out of that thing and we have begged and pleaded to get this kind of a turnout that we have here tonight for you people to come and comment on that Comprehensive Plan. That's the thing that determines whether apartments or what's going to be allowed to go in behind you. Unfortunately, nobody seems to really care until it's in their backyard, and then we all care. We don't want it in our backyard so now we come out. Why aren't we out there ahead of time? Why aren't we out h.ere at Ada County Highway District lobbying for wider roads? I ran for City Council because I have strong concerns about our community. You have strong concerns about this particular issue. I wish you would take those strong concerns and carry them into some other things in the community. I'd like to see a bunch of you running for City Council or attending those Ada County Highway District's or attending those Planning and Zoning meetings. This is not an enviable position to be in. I don't like making these types of decisions. Depending on how I decide here tonight is going to probably Meridian City Council Meeting ( September 19, 2000 Page 48 determine whether I sleep on the couch for the next week or whether I'll be called honey and dear and get breakfast cooked for me. It's a real struggle and I think the videotape we saw - we've got traffic problems and I don't think anybody here would disagree with you. This project - yes, it's going to have some more impact on that. Every two weeks we have a Council meeting and I can tell you that every two weeks, we've got subdivision after subdivision and project after project that we're approving. So that traffic is going to continue to get worse on that road whether this apartment complex is here or if it's one a mile up the road and all the people are coming through this same intersection. So we really need to address this problem and traffic more than with just this one project and denying this. I've vacillated back and forth up here about three or four times tonight as I've heard you guys' testimony. Some of you have made some really good points. Some of you have made some really ridiculous points. We listened to all of those and I guess it's our job to make those tough decisions and I guess we're prepared to do those at this point. Mr. Mayor, I would therefore make a motion at this point that we approve the annexation and zoning request for the 12.73 acres from rural transition to L-Q and R-15 for Vicki Welker and Gold Rivers, Incorporated for the proposed Valeri Heights Subdivision and instruct the City Attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order subject to staff comments. Bird: Second. Corrie: Motion made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law for the request for annexation and zoning on Item NO.6 - 12.73 acres from RT to L-O in an R-15 zone by Vicki Welker. Further comments? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I too, appreciate you guys coming in here and I'm like Ron. I wish we'd be more enthused about other stuff within the city. I happen to set through most of the Haven Cove deals even though I wasn't on the Council. I can tell you that if the Council at that time would have taken a public consensus, you wouldn't be living in Haven Cove. Parkside - when it went in, Jerry Lane - we didn't want him out there because of the traffic. We know we have a traffic problem. I happen to work in Boise. I invite anybody to drive down Fairview Avenue from 6:00 until 10:00 at night, or Emerald or anyplace else. ACHD knows that they have a formula, I guess, that we don't agree with, but there's not a whole lot we can do about it because they're another entity. Anyway, I want to thank you guys for coming out and showing your support or negativity against it. But anyway, we appreciate you coming out and at least letting us know how you feel. Thank you. One more issue. While we're on schools, our bond did pass very high. You folks - if you're going to rag on the schools, you're ragging probably on the worst group to rag on about overcrowding. Less than 30 percent of the kids in the ( ( r.Aeridian City Council Meeting ( September 19,2000 Page 50 Plan, we are looking at going more towards the village center zones as some communities look at it. That is bringing a mix of densities and bringing services into those development so that you don't always have to get into your car to get to a doctor or to a dentist or to your grocery store and that sort of thing. That is in the new age of smart growth. That is as it has been defined in many things. What it comes down to is we have a Comprehensive Plan and ordinance that we make a lot of our decisions on. However, the people factor is an important issue. You've affected this development already considerably with a lot of the changes that the original neighbors have affected. Those are positive changes. We all desire different types of housing. I have a neighbor who doesn't want to care for her yard or do her own repairs. She is looking at apartment dwelling. Now, I don't think that she's of the type that's going to go create a bunch of crime. But there are -and I also have a son who is looking for apartments. He is a good kid. I don't think he's out looking to create something, but he might. I guess what it comes down to is it's a good use for the corner. It complements our long range planning as a potential for transit users. It's within 1000 feet of a rail corridor and this development will use less land and will support our public transit. I would ask for additional requirements to Mr. Anderson's motion - to address some of the concerns about this project and it might be solved. I would propose that the approved plans must run with the land and that if the approved plan is not built, that the property be deannexed and revert back to the previous zoning prior to annexation. I would also recommend that the access onto Thunder Creek Subdivision on Gray Cloud Way be closed to only for emergency pedestrian bicycle traffic and that we incorporate the COMPASS recommendations as noted on their June 14th letter. Corrie: Okay. I think that would come in the other request. This is for annexation and zoning. We'll keep that in - De Weerd: Well, the first point would be. Anderson: I have no problem with that and add it to the motion. Bird: Second don't have any problem. Corrie: I still would like to thank everybody here and for being here - for being such a good crowd because it - anytime you have an emotional issue like this, we need to have control, which you had. Regardless of how this vote turns out tonight, you are a group. I'd like to see you here at every meeting we have. Whether you will or not, I don't know. If you have strong ideas, don't give up. This Council has listened a long time here and they're going to make their decision here, so you'll have to make up your mind on how you feel about that. I just want to say thank you for being here. Whether their opinion is what mine is, Meridian City Council Meeting ( September 19,2000 Page 51 we act as a body. So, with that, I am going to call for the vote. The motion has stated that the City Attorney draw up the Findings of Facts and Conclusions of Law with approval with the understanding that if they don't do the - it's the annexation and zoning will go back to what it was in the motion, so with that, Mr. Clerk, would you do Roll-call vote, please. Roll-call: Anderson, aye; McCandless, naye; Bird, aye; de Weerd, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Corrie: Item No. 7 is the request for Preliminary Plat approval of proposed Valeri Heights Subdivision for 10 building lots and 2 other lots on 12.73 acres in proposed L-O and R-15 zone. Council, any discussion? Bird: I have none. Corrie: Hearing that, I'll entertain a motion on Item No. 7 - request for Preliminary Plat. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the 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-Q and R-15 zone by Vicki Welker and Gold River Companies, Incorporated for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff and public testimony within as being necessary. Corrie: Do I hear a second? Motion dies for lack of second. Do I hear any - did you second it? De Weerd: No. Corrie: Okay. Any other motions?, De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Would this be the place to put additional conditions on? Or in the conditional use permit? Meridian City Council Meeting ( September 19, 2000 ' Page 52 ( Corrie: Mr. Mayor, members of the Council, if you'll tell me which ones you're talking about. Some of them would go in the Preliminary Plat and some of them would go in the Conditional Use Permit, if I heard them correctly. De Weerd: One of them would be that Gray Cloud would be closed off at the property line and accessed for emergency pedestrian and bicycle traffic only. I guess another one I would look at is to the furthest apartment building to the north be limited to two stories. Corrie: Will those both be on the Preliminary Plat, Bill? Nichols: Mr. Mayor, members of the Council. I would like Mrs. Stiles' input on this, but I think the Gray Cloud item would need to be addressed on the Preliminary Plat and the height of the northern most apartment building would be addressed in the Conditional Use Permit. Do you agree? Stiles: Yes. I am also not sure whether the Ada County Highway District would approve of that only being a temporary - I mean only an emergency access. Did we have something from them that indicated that that would be okay? Corrie: I have nothing. De Weerd: I think it would just be the direction of the city that that would be our desire. Corrie: You can give it to ACHD and they'll make that decision with our recommendation. We put it in the plat. It doesn't necessarily mean it's going to be there. Stiles: I do think that's going to have some implications for that subdivision that there's going to be an emergency turn-around provided on this property if that road is going to be stopped. I don't know, but without having some input on Ada County Highway District on that, they're going to have to meet approvals of Ada County Highway District for terminating that existing street. I don't know that they would let that happen to just dead-end it there and I don't know what the Fire Department requires there, but I think that's something that we need to consider. De Weerd: Yes. A gate could be put in there? Corrie: You need to put that on there. Is that correct, Bill - that you could put those stipulations on there as long as ACHD approved it. I don't know whether they would or not. And not taking Gray Cloud as a close off. It sounds like ACHD wanted that through, so we can make the recommendation to them, and they would either approve our recommendation or tell us no. Any others that you have there? Meridian City Council Meeting ( September 19,2000 Page 53 De Weerd: Well, to incorporate the COMPASS recommendation for the transportation plan. I guess I would have one more - that the light, the turning lanes and the sidewalk be put in before a building permit is granted. Corrie: Anything else? Okay. Then does somebody want to make a motion for the Preliminary Plat with the Conditions that you have stated? Gray Cloud - we know the recommendations as ACHD. Nichols: Mr. Mayor, I know the issue with regard perhaps security gate with - I don't know if it would be - I believe there are ways with the security gates so emergency vehicles have access, the gates open. We'd put that in the preliminary plat so that that is in a sense a condition of the plat before Final Plat approval could be done. The COMPASS transportation plan - I'm not sure what you're after there. I need you to tell me more on that one. *** End of Side 4 *** Nichols: While you're looking for that, the stoplight - Okay, go ahead. De Weerd: They're recommending development of a transportation management plan in coordination with the ACHD commuter ride program and I can give you a copy of that. That would be the specific item. Nichols: Okay. I have this letter. I would say that should be part of the Conditional Use. The stoplight, the turn lanes and the sidewalks before a building permit is issued - I would suggest that as part of the Preliminary Plat and the Development Agreement so that those things are in place before any building permits could be issued for structures on this site. De Weerd: So that item, as well as the road? Nichols: Yes. De Weerd: Okay. Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we recommend the request to approve request for Preliminary Plat 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 to include all staff comments, the letter from the attorney with the commitments by the developer to incorporate testimony and add the following recommendations to develop or install the stoplight and road improvements and sidewalks before any structural building permits are granted and that it also be stated in the Development Agreement as well that Gray Cloud Way at the property line between Valeri Heights and Thunder Creek Subdivision be for emergency, pedestrian and Meridian City Council Meeting ( September 19, 2000 Page 54 bicycle traffic only and to instruct the City Attorney to prepare the Findings of Facts and Conclusions of Law. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: What streets are we improving? Ten Mile? De Weerd: Ten Mile and Pine. Corrie: Motion been made. Do I hear a second? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'll second it. Corrie: Motion made and seconded. Is there any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just questions of our legal counsel. Then, Bill, adding additional . conditions - I heard Tammy use the word recommendation when she said that. Are they recommendations? Are they conditions? Are we on legal ground adding these additional things to it? Nichols: Councilman Anderson, Mayor, members of the Council. Ask Councilwoman de Weerd. I believe she meant Conditions of Approval or conditions of the development or having recommendations, but she can clarify that, but on the stoplight, the road improvements and sidewalks as part of the Preliminary Plat approval, that's clearly within your per-view to do so. On the issue of Gray Cloud Way, given Ada County Highway District's jurisdiction over the roads, we can put that in there as a condition that would be subject to approval of ACHD. That would satisfy that part of it. I think - and it's within your per-view to do so. You've heard testimony that people are concerned about the traffic that would come off Pine Street through the subdivision if they didn't like something wa's happening down at the intersection and this would be a way to limit and eliminate that as a possibility, so I think that's a reasonable thing and if ACHD will approve it. De Weerd: My intent was conditions. Meridian City Council Meeting ( September 19,2000 Page 55 Corrie: Any other discussion? Bird: I have none. Corrie: Roll-call vote, please. Roll-call: De Weerd, aye; Bird, aye; McCandless, naye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Corrie: Item No. 8 is the Conditional Use Permit - request for proposed Valeri Heights Subdivision for 128-unit apartment complex / townhouse and office on 12.73 acres in a proposed L-Q and R-15 zone by Vicki Welker and Gold River Companies. Any further discussion on this? Bird: I have none. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Conditional Use Permit for proposed Valeri Heights Subdivision for 128-unit apartment complex / townhouses and office on 12.73 acres in a proposed L-O and R-15 zones by Vicki Welker to include the additional all staff comments and correspondence and testimony that we have received as well to add the following conditions: that the apartment building on the furthest northwest side closest to the Thunder Creek Subdivision will be reduced from a three-story building to a two-story building and to incorporate COMPASS recommendations noted in their June 14th letter regarding development of the Transportation Management Plan in coordination with ACHD. Anderson: 1'1( second it. Corrie: Motion made and seconded to approve the Conditional Use Permit and with the conditions as stated in the motion. Any further comments? De Weerd: Mr. Mayor, Shari has a comment. Stiles: Mr. Mayor and Council. I just had a question. What will the number of units be when that is reduced? How many apartments? I mean is it - De Weerd: I don't know. I haven't seen their building, so just eliminate the third floor. Stiles: Which would reduce the overall number of units. ( Meridian City Council Meeting \ September 19, 2000 Page 56 De Weerd: Yes. Stiles: Okay. I just wanted to make it clear so that the applicant didn't think that they could move those somewhere else. De Weerd: No. Corrie: So there will be less than 128 in the apartment complex. Bird: Okay. What is the count going to be? I want an exact count before I vote on it. Seriously, I do. Ar~ they eight-plex? Stiles: The applicant's representative indicates that would be a total of 120 units. Bird: 120. Okay. Do you change your motion to that? De Weerd: Yes, please amend my motion to note that it will be 120 units rather than 128. Corrie: Does second approve the change? Anderson: Sure. Corrie: Okay. Motion as stated with the correction of 120 units rather than 128- unit apartments. Any further discussion? Roll-call vote, Mr. Clerk. Roll-call: De Weerd, aye; Bird, aye; McCandless, naye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Item 9. Continued Public Hearing from September 5, 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: It's 11 :00. No. 9 has been requested to continue until October 3 to continue the public hearing, and with that request, ('(( entertain a motion for the Council to continue the public hearing until October 3rd on Item No.9. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we continue the public hearing for PP 00-014 - request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for Meridian City Council Meeting ( September 19, 2000 Page 57 ( proposed Waltman Court Subdivision by John and Sandy Goade to October 3, 2000. De Weerd Second. Corrie: Okay. Motion made and second to continue the public hearing on Preliminary Plat approval of Waltman Court on Item No.9. Hearing none. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. We've got the continued public hearing on the Hollows and the public hearing continuance on the Industrial Park and the continued on the Elliot so where do you want to go with the rest of this. We've got 10, 11 and 12 other items. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would suggest that we just continue the rest of the public hearings tonight. By the time we make motions to table all of them and move into the department reports, we're going to be another hour. It'll be midnight as it is. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: We've tabled some of these from August and everything else, and I agree with Councilman Anderson but we've got next week - next Tuesday set up - the 26th for a workshop and also a meeting. I don't know. I feel sorry for these developers and stuff that come in here and do all their work and get the stuff into us and then three months down the line, we're still moving it on. I realize that after the first of the month, we're going to make a change and we hope to make a change in that and go to it. I would have no problem if the other Council went and yourself - you're definitely the one that would call it. I would have no problem with taking what we think we could do in a couple or three hours. I don't particularly want to be here the 26th until midnight, but something that we could get between - we're already going to have to enact upon the deal that we're discussing the 22nd - that our meeting is about the 22nd, so if we're going to be here for a meeting, I would have - I think some of these older ones, we need to get there and then maybe take the rest of them on October 3rd. But how many of them that's going to October 3rd - we've already moved some stuff to October 3rd already. I'll throw that out to the Council - whatever they want to do. Mr. Mayor, the clerk has a question. Meridian City Council Meeting ( September 19, 2000 Page 58 ( ( Corrie: Mr. Berg. Berg: Mr. Mayor, members of the Council. Just a comment. There are some new hearings that are connected with some of the continued hearings. If you'll notice, the Hollows has some variances and so does Elliot Industrial Park, which were continued in a way to go with these new hearings on the variances that would complete the projects. So, yes, some things have been continued, but they have been to match up with the new public hearings. I understand your concern to keep tabling some of these items, but some of them have been connected. So, continuing to another meeting next week, we'd probably try to keep those grouped together so that we could approve the whole project or see the whole project. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I agree with the clerk, and I realize that, but we keep putting these to our regular meetings and we're getting a lot of meetings - just like - we're getting a lot of agendas coming in on that. Tonight, we had 23 items plus the 3 - that's 26 items plus our department reports. In the department reports, we've got some contracts that we need to do. We got a water and sewer and trash delinquency thing we've got to enact upon. I don't like having meetings any better than anybody else, but I do believe we got plenty of days. If we're not, we're going to be here for three or four days in a row doing this stuff. So, I would have no problem if the other Council don't have a two or three-hour Council meeting on the 26th - a regular Council meeting taking care of some of these items instead of delaying them to the 3rd. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I don't have a problem with meeting next Tuesday night, but I guess the other three Council people are at a disadvantage since the Council President and the Mayor set the agenda for the strategic planning workshops that we don't know what's ,on it at this point. I don't know whether there's important things that we need to take care of there. Bird: We don't have anything on that other than what we will be presented, which we had all discussed that. We're meeting Friday night, the 22nd to present the package and then we're going to meet the 26th and have that as part of our actual meeting as I understood it - to do that and then have our workshop and our workshop was - we were going to go over some ordinances and stuff like that. I'd like to get rid of some of these things. Meridian City Council Meeting ( September 19, 2000 Page 59 De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I am willing to do - go through Item 17 to clean up some of this, but I agree with Mr. Bird that that may not make sense. I would like us to address 14 and 15 since this is something that we kind of committed to getting through this process and it seems to still drag out. I do know that we committed to those applicants to try and make it a little speedy and it hasn't been and delaying it yet another week is another week, so I would like to at least suggest that we listen to 14and15. Bird: I agree with you. Corrie: Would you be willing to do 14, 15 and 16? We've also - Carl's Jr. Restaurant and I don't think it's a controversial thing, but they've - Bird: 14, 15 and 16 tonight? Sure. You bet. Stiles: Could we do 17? Corrie: Okay. Then let's have a motion to table 11, 12, 13 - we'll do 14, 15 and 16 and then 17, 18,19 and 20 continued -- We're trying to figure it out so that we're not here until 3:00 a.m. Stiles: Are we going through 14 - 17? Corrie: 14, 15 and 16. Bird: What's 17? Stiles: Could we do 17? We've got the final phase of Packard so they can get that ditch piped and get that over with - that 40 acres. They've addressed all of our concerns. Bird: Mr. Mayor. Maybe we ought to ask the people if anybody else is here with any other item? Is there anybody? Stiles: We have people here prepared to talk on Item 10 that is also tied to 18 and 19. We can't act on the plat of the Hollows until the variance about not piping the ditch and using Meridian City Water for irrigation are addressed on the variances. Elliot Industrial Park - I think we've really worked out most of the issues on 11, 12 and 13 - do have some comments to make on that, but - Corrie: All right. Let's just go until we drop. Meridian City Council Meeting ( September 19, 2000 Page 60 Stiles: I'm sorry. If we're dealing 11, 12 and 13, we also have to act on 20 because it's going to have - Item 10. Continued Public Hearing: 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: Corrie: Okay. Item No. 10 - 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. Stiles: Mr. Mayor. On this one, we do need to deal with the variances prior to acting upon the preliminary plat. Corrie: Deal with the variances? That's no. 18. How come it's down there? Okay. So we ought to do the variance. You say we have to do the variance, fi rst? Stiles: Before the Preliminary Plat is approved that we need a decision on those two public hearings on 18 and 19 because the conditions of the plat - what the ordinance requires is that the ditch be piped and that they use pressurized irrigation and not City water. They are proposing to do that. That will change the conditions of the Preliminary Plat. Corrie: Okay. Counselor? Are there any objections to us doing this? We're getting parliamentary procedure all screwed up here because we're supposed to be hearing a continued public hearing before we have the new public hearings, but if that's the case, then we had better do it. Nichols: Mr. Mayor, members of the Council. If that is a concern, you can simply move to continue this to be - Item 10 to be taken up immediately following Item 18 and 19. Corrie: Okay. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we delay action on Item 10 - the request for Preliminary Plat for approval of 12 lots on 5.6 acres in an R-3 zone by Bond and Shellie Campbell for the proposed Hollows until after we act on Items 18 and 19. Meridian City Council Meeting September 19, 2000 Page 61 McCandless: Second. Corrie: Motion made and seconded to delay acting on Item 1 0 until we've gotten done with Item 18 and 19. Is there any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 11. Continued Public Hearing from September 5, 2000: 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: Corrie: Item No. 11. Continued Public Hearing on Item No. 11 - Elliot Industrial Park Subdivision - request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Subdivision for shop and office in an I-L zone by Chuck Elliot. So that's where we are, right, Shari? Do we have a variance on him as well? Nichols: Item 20. Corrie: Okay. So we need to do Item 11 and 12. Stiles: Item 20 only has to do with the Conditional Use Permit. Bird: So then you have got to do 11, 12, 20 and 13. Is that right? Stiles: Yes. Corrie: Okay. So we can do 11. Then we go to 20 and then 12, right? McCandless: What about 13? Corrie: 13? That's a Conditional Use Permit. Bird: We can do 11 , can't we? Corrie: 12 is the request for Preliminary Plat - we have to wait until we have the request for variance and then the request for Conditional Use Permit afterwards. So we can do 20. Is that correct, Shari? 20, then 12 and then 13? And do 11 now? Stiles: Yes. Corrie: All right. Then let's do 11. Continued public hearing. This is a request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park I Meridian City Council Meeting ( September 19, 2000 Page 62 Subdivision. At this time, I'll open the public hearing on Item No. 11 and invite staff first for comments. Stiles: Mr. Mayor and Council. This is a request for annexation and zoning to a light industrial zone. It's immediately south of what's known as the Elm Park Development here. This would be the Econo Lube Development, D & B Supply here, Wilson Lane coming down - As far as the annexation and zoning, staff could support the request for annexation and zoning provided that all uses are required to go through the Conditional Use Permit Process. I also had some - a request for changes on the recommendation to City Council. This is a recommendation to City Council, but we have some clarification on that. On page 2 of the Annexation and Zoning, Item No. 11 says there are no significant or scenic features of major importance that infect the consideration of this application. We believe that the Jackson Drain is a scenic feature of major importance that should be included in the Development Agreement that that must be protected and enhanced as part of this development. Also, on page 3 - it would be at the top of the page at the end of the first paragraph. It says that the Planning and Zoning Commission recommends that the pathway along Jackson drain be addressed in the Conditional Use Permit process for Lot 2. We believe this also needs to be addressed in the annexation and zoning and would request language that the applicant is to provide an easement and construct a pathway along the Jackson Drain if the City's pathway plan shows a path on the north side of the Jackson Drain. We also have some concerns about some of the permitted uses within a light industrial zone and would like to be able to work with the developer in that Development Agreement to specifically prohibit some of the more obnoxious uses that could be permitted in the light industrial zone. Corrie: Public hearing - the developer at this point. Nickel: Mr. Mayor and Council. Shawn Nickel from Hubbell Engineering, 701 Allen Street in Meridian. Those conditions are acceptable to the developer provided that his fence company is not obnoxious use. I'll stand for any questions. Corrie: Any questions, Council. Bird: I have none. Corrie: Anyone else that would like to issue testimony on Item no. 11? Hearing none. Nichols: Shari? In a limitation of uses, are you looking to limit uses that would be offensive to the - Is there some existing development that you're worried about? Meridian City Council Meeting ( September 19J 2000 Page 63 Stiles: Maybe we could take some language from like the Stonebridge Development that actually outright prohibited some of the things that could be permitted in a light industrial zone - things such as asphalt and concrete - Well, contractors' yards - they are permitted outright now, but we are going to require a Conditional Use Permit on all of these things. A lumber yard would be permitted. Junkyard could be in there with a Conditional Use Permit. Nichols: My specific question is if I'm going to draft this and put some specifics in with regard to limitations in this light industrial zone, I'd like to know what those are so that I can put those in. I can go from something like Stonebridge, but I think the Council would need to understand that we might be back here asking for amendment to the findings before they actually adopt them once the applicant sees what those limitations are. Stiles: Could I just name off some? All of them? The ones that are currently permitted in that zone that I don't think should be permitted. Nichols: It would be the Council's pleasure as far as whether you want that now or you want us to - Corrie: Any objections, Council? De Weerd: No. Stiles: Prohibit dry cleaning due to its location next to that natural waterway and some of the problems associated with ground water contamination from those types of facilities - truck stop. I don't know if you have any preferences about a service station. Asphalt and concrete should be prohibited. It also shows carpet and dry cleaning again. It's a separate use. Junkyard be prohibited, fuel yards prohibited, lumberyard prohibited. I don't think they would do it because of the size of it. Mobile home manufacturing, recycling plant, solid waste transfer station, and I think that pretty much covers it as far as the uses that are permitted or - like the junkyard would be a Conditional Use, but if they could outright prohibit that. Nickel: Thank you. Shawn Nickel from Hubbell again. All are acceptable but with the exception of the lumberyard. Could you explain lumberyards - why? Stiles: I guess it's just the size of the piece that's left. Were you wanting it for a lumberyard in there? Nickel: As long as it's not a fence company. Fence manufacturing IS not considered close enough to be a lumberyard. Stiles: Contractors' yards are still permitted, but everything is going to be a Conditional Use, so I think we - Meridian City Council Meeting ( September 19, 2000 \, Page 64 Nickel: As long as we got that on the record, then those will be fine. Corrie: Anything else? I'll entertain a motion for the closure of Item No. 11. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item no. 11. Further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law in favor of granting the annexation and zoning request for 5.4 acres for the Elliot Industrial Park Subdivision for an office and shop in an I-L zone by Chuck Elliot - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane subject to staff comments. Bird: Second. Corrie: Okay. Motion made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law in favor of the annexation and zoning with the conditions of the staff. 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 12. Continued Public Hearing from August 15, 2000: 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: Item 13. Tabled from August 15, 2000: 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 Meridian City Council Meeting (-- September 19, 2000 Page 65 ( Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Corrie: Item no. 12 and 13 - I need a motion to do that one after Item 20. Anderson: So moved. Bird: Second. Corrie: Okay. Motion made and seconded to have Items no. 12 and 13 to be moved down to after 20. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 14. Continued Public Hearing from September 5, 2000: VAR 00- 015 Request for a variance allowing the applicant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod and Sheri Eisele / Eagle Concrete Pumping in an I-L zone - Baltic Place in the Meridian Business Park: Corrie: Item no. 14 is a Continued Public Hearing from September 5, 2000 - a request for a variance allowing the applicant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod and Sheri Eisele / Eagle Concrete Pumping. So I'll continue the public hearing at this time and open it and staff comments. Stiles: Mr. Mayor and Council. Gary Smith, I believe has some additional information on what he's found out regarding the FIMA requirements for building in the flood plain. Smith: Thank you, Mayor and Council. My conversation with Fred Eisenbarth at the Idaho Department of Water Resources concerning this issue - there are two, actually three alternatives. One is that the building can be what IDWR FIMA calls "dry flood-proofed." This process or this alternative is used where the finished floor is below the base flood elevation and it is designed to keep the water out of the building. Therefore, all the openings in the building - doors and/or windows that are one foot below the base flood elevation must be waterproofed. I received a technical bulletin from Mr. Eisenbarth and I transmitted that to Mr. Cornell Larson - the architect for the owners. The other alternative is called wet flood-proofing and this process allows the floodwater to pass through the building with openings that are in the walls or foundations. Facilities in the building are elevated one foot above the base flood elevation such that no damage occurs. In this particular case, it's not a feasible alternative. The last thing that Mr. Eisenbarth told me was that a variance could be granted based on a hardship and I explained to him this site and the peculiarities with it and the use that's ( Meridian City Council Meeting \. September 19, 2000 Page 66 being proposed for the site and the need to contain drainage on site as dictated by Ada County Highway District. As I calculated, presently the design finish floor for this building is at elevation 2609.25. Flood elevation is 2611.00, so if you add one foot to that flood elevation and you're approximately 1.75 feet below the flood elevation with the finished floor as it's designed. That means that the finished floor needs to be raised 2.75 feet above its present design. Its present design is approximately two feet above existing curb and gutter. Therefore, in order to qualify this finished floor one foot above base flood elevation, it would have to be 4.75 feet above the existing curb elevation out there and that's not feasible either. Mr. Eisenbarth did warn us that a variance can be - or if a variance was allowed based on hardship, that we could not look at authorizing a variance for all of the lots in this area on the same basis. FIMA would not look favorably on that and I don't know exactly what he means by that but I would assume they would come back and wrap our knuckles a little bit. One building exists more or less across the street - Baltic Place - from this building site. It does not meet the floor elevation requirement. It's obvious just by visual inspection. I don't know what the applicant's architect has to say about the dry flood-proofing option. I did not read the technical bulletins so I don't know what impact that has on the cost of the building. It would be necessary to - on the doorways - the windows wouldn't be a problem, I don't believe, but the big overhead doors that they have proposed in the building would need to be flood- proofed up to a height above the finished floor elevation. It wouldn't necessarily be the whole door and I'm not sure how you flood-proof part of a door other than in the jams - at the bottom of the door - the thresholds. Maybe Mr. Larson could speak to that, but I'm assuming that that flood-proofing is a costly venture and I don't know if the finished floor could be raised any above what exists or what they're proposing - to provide a little more cushion between the base flood elevation and finished floor than what they have shown - and still maintain on- site drainage and still maintain access into the building for their concrete pumping trucks. I guess that's a question that the applicant and his architect will need to answer. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have a question, Gary. In the first place, how the heck did we approve this road being that elevation, and second, give us the big picture. How many of these lots are going to be low and how many times are we going to be looking at this as this developed? Are there buildings already built, or just the one across the street or - Smith: There's just one across the street that's built and its finished floor is below the base flood elevation. Meridian City Council Meeting ( September 19, 2000 Page 67 Anderson: And how far is this going to be affected? Is it going to go down King Street or just that very tip of Baltic or - Smith: No. It takes in all of the end of Baltic above King Street. I can't relate to you exactly the limits of it. It's a pretty good size flood plain area. The lot at the southwest corner of Baltic and King is elevated - well let's see. It might be the lot next to it - is elevated substantially. I think it is safely out of the flood plain without doing any elevation work. They've hauled in a significant amount of fill on the end of the cul-de-sac down there. They've got quite a pile of material that's been stock-piled down there and I think it's there for a reason - to elevate these buildings. This particular lot, because of its size, as the architect pointed out to me today, it's just difficult to access a commercial building with vehicles as this is proposed. If it was an office type building, it would be a different situation, but where they have to enter the building with vehicles, and still maintain on-site drainage, it's difficult as far as the grades are concerned. I guess the only thing I can say about that one building that exists out there is that it's slipped by in this flood plain overlay district. Anderson: Are we in the habit of approving streets below flood plain level? Is that something Ada County Highway District does or us? Smith: Well, the streets are approved by the Highway District, but the streets don't seem to be a problem as far as the base flood elevation is concerned. The problem is damage from a flood to personal properties, buildings - that sort of thing. A flood would impact any. storm drainage system that a street would have either under it or adjacent to it. Again, we're caught up in the FIMA flood plain situation which the City of Meridian had resisted to adopt for a number of years and we're finally forced to adopt. You could talk to a lot of folks in the Meridian area - old-timers so to speak and you probably wouldn't get any records of any floods. But nevertheless, the engineering data shows that this is a flood plain area and it's caused by the crossing under the railroad - a restricted crossing under the railroad. Corrie: Anything else, Gary? Smith: I hope I have given you enough information. I haven't given you any real answers other than a variance could be allowed on the basis of a hardship and due to the access problems on the lot. Again, the FIMA cautions us - our IDWR representative for FIMA cautions us on granting a number of hardships in this hardship variances in this area on that basis. Perhaps the architect and the owner could help the situation a little bit by raising this finished floor if you so decide to grant the variance to provide a little bit more clearance. ! *** End of Side 5 *** Meridian City Council Meeting ( September 19, 2000 Page 68 ( Larson: Good evening, Mr. Mayor and members of the Council. My name is Cornell Larson. My address is 210 Murray Street in Boise. I did get a chance to look through the technical bulletin that we received from Gary today. There's- as he said, not to many acceptable options to us. We could raise the building up a little bit, but as the bulletin continues to mention that we still have to meet all state, local, ADA access codes, drainage codes and whatever is applicable. That's been kind of the problem with this site in order for us to come in from the sites so we slope in and retain our drainage on-site slope back up. We just can't get the building up high enough to meet the flood requirements - the numbers that Gary had given you earlier about raising that site up approximately 4 % feet is pretty accurate basically from what we've looked at from our engineering data. Right now, the site has slopes on it at about three and a half percent at the elevation we've got it at. As soon as you start approaching that four percent mode, car doors slam shut if they're parked on slopes. Front doors - we can't get them open really easy. They tend to close by themselves. It makes it difficult for a truck that has a hopper that's 18 inches off the ground to come over the break-over angles from the street. We start seeing problems that we just can't solve on a small lot by just continuing to raise it up. Somebody has hauled some fill in there since we started this process. A portion of it may be on our site, but it isn't something that we did - but we understand that they're maybe trying to raise some of those lots. We could probably get the slope or the finished floor elevation maybe up 7/10 or % foot, but we're going to be hard-pressed to make it work - meet the ADA requirements, keep all the water on our site and deal with the small site that we have right now. We've talked with the owner / applicant in this case about other options in redesigning the site and we just can't seem to come up with one that still doesn't cause us to not be able to meet standard good engineering practices as well as deal with the flood plain issue. As far as dry- proofing the building, we haven't ever, in our experience, made an attempt at that and I'm not sure what that might entail. The tilt-up concrete building that we have proposed fortunately has very few construction joints in it. There would probably be three down each side and two down the short sides, so it would be pretty durable and pretty sealable from the standpoint of everything but the large overhead doors that are wide enough for the trucks to drive in and out of. We can get the utilities up off the floors. We can provide devices to manually shut the sewers off so that the flood waters wouldn't be getting into the sewer systems. We aren't going to get the floor elevation up very much and make the site accessible for the use. I guess we're asking you to grant a variance based on hardship. We'd like to see if you'd consider that. I'd be happy to answer any questions you might have. Anderson: I have one question. Gary mentioned something about railroad tracks. Did that cause a problem? Is there something that a bigger pipe under that or something that could be done over there that would cure this problem? Larson: We had talked to the developer on the property sometime back and the new flood FIMA studies that were done in the area within the last year or so - Meridian City Council Meeting ( September 19,2000 Page 69 pretty much through the Boise Valley Area indicated that there's a culvert that crosses underneath the railroad track that is restricted. It does not allow the water to flow through it freely and it would need to be changed in order for these lots to be out of the flood way. The question came up as to what that does to the liabilities down stream and I'm not a flood attorney or anything regarding liabilities downstream, but there were concerns that if the railroad changed the culvert out, that they might also be liable for flooding downstream where as now, it becomes an issue that it's flooding property that's known and it may be unknown down the road. So the railroad is not really interested in changing it out, to make a long story short. Anderson: Wouldn't FIMA then readjust their flood plain? I mean, they'd identify new areas that would be in that flood plain - I mean if that work was done. So then those people would then know that that was flood plain. Now there might be some existing buildings, but it might be an area where it's undeveloped yet, too. Larson: Yes, that would be correct. It'd be pretty much the situation reversed maybe from the upstream to the downstream, but until some engineering studies were done downstream, I'm not sure how that change in the culvert would effect it. I understand it is about a $75,000 change to change that culvert. The smaller lot to the south of us is kind of in the same situation. They will not be able to get that lot up high enough unless they have an extremely small building or a different than an industrial use. Most industrial uses have overhead doors - they have trucks - they have some larger vehicles. They may not necessarily have large buildings, but they need to move some vehicles around in them, so there's going to be several lots in the subdivision that are going to be awfully difficult without a mass grading program to raise them in order to get them sold or usable. I don't know if all the lots are sold are how they're - I don't know that current status of that subdivision. Anderson: I would think you'd have the same problem. Every time you put fill in one of those lots, you're creating a problem where you're going to push that water to some other low area. Larson: Yes. Our worse nightmare would be kind of the fact that everybody would build up around us and we might be low, but we don't have at this point in time since we're kind of first. We don't have any way to get up without encroaching on other people's lots or building retaining walls around them. Then it becomes an issue of how we can access off the street up four feet high. It's just impractical. Smith: Mr. Mayor. Corrie: Gary. Smith: May I add a comment or two? Meridian City Council Meeting ( September 19,2000 Page 70 Corrie: Yes. Smith: I think one important consideration in this request and Cornell touched on it was the elevation of materials within the building to a point that would be above the base flood elevation to reduce the amount of damage that a flood may cause. I think that's one of the things that FIMA looks at is if there is a flood, how much damage is there going to be? How much is FIMA going to payout in a claim? I think if provisions were made by the building owner to elevate these things that could be damaged if a flood did occur that that would help our case as far as - or your case, the City's case, as far as granting a variance if that's what you decide to do. Now, the other thing - Councilman Anderson's comments or question on the base flood elevation, I am told that if it reaches this elevation of 26.11, it will actually be flowing over the railroad tracks onto the north. At every crossing, you will see a similar situation with the flood plain. All of the crossings in Meridian of a drainage way, whether it's Five Mile Creek, Ten Mile Creek, Nine Mile Creek, you cross a roadway, you cross a railroad, you end up with a flood plain that is outside the banks of the drainage. You can see by the picture that Shari has on the board the size of the flood plain and the site and that subdivision. It covers a significant area. The next large area on the other side of the railroad is Pine. Pine Street is a major restriction and Five Mile Creek creates a tremendously large flood plain area. This development does not impact the flood way. You can barely see the flood way as a cross-hatched area under the dark shaded area, but it doesn't impact the flood way. The flood way is a critical element. No building is allowed within the flood way. So we have this situation whenever you cross a roadway with a culvert or a pipe. At Fairview Avenue, you have a similar situation with Five Mile Creek. The only time you don't have a problem is where a new structure has been installed along with a roadway improvement project. Typically, those structures will pass a hundred year flood. And that's what you're looking at here - the hundred year flood. Anderson: So if I understand you correctly, Gary, FIMA recommends that any buildings built in that flood plain then ought to be built to this FIMA standard? Smith: The finished floor elevation is to be one foot above that base flood elevation. That's what their requirements are. Anderson: We just haven't been enforcing that. Smith: We have, but this one building that's existing out there, for one reason or another doesn't have that elevation. We've probably been because we have fewer commercial or industrial subdivisions in Meridian adjacent to these drainages. We haven't had the situations presented to us as much as we have residential subdivisions. Residential subdivisions probably get more attention just because of the numbers of lots that are involved in flood plain areas. And again, you can take these flood plain areas out of the flood plain by filling the land and you request what they call a LOMAR which is a Letter of Map Revision Meridian City Council Meeting ( September 19,2000 Page 71 on the flood plain. But you have to go through certain process and procedure to get that change made through FIMA. Corrie: Any other questions? Bird: I have none. Corrie: Anyone else in the public that would like to issue testimony? Hearing none. Any questions for anybody on the record here? If not, 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. 14 - Variance No. 00-015. Any other discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further discussion on the variance request? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: If we don't have any discussion, I will make a motion that we approve this variance allowing the applicant to lower the finished floor elevation below the flood plain because of a hardship by the size of the site by Rod and Sheri Eisele and Eagle Concrete Pumping in an I-L zone and for the attorney to draw up the proper papers. Anderson: Second. Corrie: Motion made and seconded to approve the variance request and have the attorney draw up the proper papers and forms. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 15. Tabled from September 5, 2000: CUP 00-044 Request for Conditional Use Permit to construct a 4,125 s.f. tilt-up concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele in a Meridian City Council Meeting September 19,2000 Page 72 Flood Plain Overlay District currently in an I-L zone - North Baltic Place in the Meridian Business Park Corrie: Item 15 is tabled from September 5, 2000: CUP 00-004 - a request a to construct a 4,125 square foot tilt-up concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele in a Flood Plain Overlay District currently in an I-L zone. Council, discussion on the request? Hearing none. I'll entertain a motion on the request for Conditional Use Permit on Item no. 15. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Conditional Use Permit request to construct a 4,125 square foot tilt-up concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele in a Flood Plain Overlay District currently in an I-L zone on North Baltic Place in Meridian Business Park and instruct the City Attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order and subject to staff comments. Bird: Second. Corrie: Okay. Motion made and seconded to approve the CUP 00-004 and have the attorney draw up the Findings of Facts and Conclusions of Law and approval and the Decision of Order to be done at the same time with staff comments. Any other discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 16. Tabled from September 5, 2000: CUP 00-042 Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window by Greenstar Foods and TFCM currently in an I-L zone - located on Pad P-3 at the Meridian Crossroads Center: Corrie: Item No. 16 - tabled from September 5, 2000: CUP 00-042 - request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window by Greenstar Foods and TFCM currently in an I-L zone - located on Pad P-3 at the Meridian Crossroads Center. Staff, any comments here? Stiles: Mr. Mayor and Council, this is in the Family Center, where Carl's Jr. would be located at this location in this Family Center site, roughly inline with Florence Street. We would recommend approval with staff conditions. Questions? Meridian City Council Meeting ( September 19, 2000 Page 73 Corrie: Applicant have any questions or statements? Bauwens: Mayor, members of the Council. Tom Bauwens with Dakota Company, 380 East Park Center Boulevard, Boise. Due to the lateness of the hour, I'll be brief. We've read the recommendations of the Planning and Zoning Commission and in full agreement with all of the conditions except no. 1.110 - I think can now be eliminated from the Conditions of Approval. We would like to enter into the record a memo we received this date from Larry Sales at the Highway District lifting the mandate of the 450,000 square foot. We've worked everything out with the Highway District and they're now prepared to continue releasing building permits on the site. And then I'd also like to draw the Council's attention to Conditions 1.20 through 1.56 which are basically verbatim from the original Conditional Use Permit on the project and the vast majority of those conditions have already been completed and we're now in the midst of design work and should be under construction hopefully late this year and those that are required after the 450,000 square foot threshold. If there are any questions - Corrie: Okay. Thank you. Anyone else in the public? Council, you've heard from staff and also the applicant. Where would you like to go? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window by Greenstar Foods, TFCM, currently in an I-L zone, located at Pad P-3 at the Meridian Crossroads Center and for the attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order and to include staff comments and also eliminate Item 1110 and also 120 to 56 which has already been done. McCandless: Second. Corrie: Okay. Motion made and seconded to approve the request for Conditional Use Permit No. 00-042, Carl's Jr. Restaurant and have the attorney draw up the Findings of Facts and Conclusions of Law with staff comments and the elimination of Item No. 1.10 and 1.20 to 1.56. 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. Bauwens: Mr. Mayor, can I ask a question? Corrie: Yes. Meridian City Council Meeting \ September 19,2000 Page 74 Bauwens: I'm Mr. Bauwens. I think it would be helpful if we could get a copy of the Development Agreement so that we could see what the conditions of - because I think we're going to have a plat coming in that southwest corner of your development that's going to include a traffic signal at Pine and the improvement at Pine. Okay. Thank you. Item 17. Tabled from September 5, 2000: FP 00-016 Request for Final Plat approval of 38 building lots and 1 other lot on 11.05 acres for Packard Subdivision No. 4 by Packard Estates Development, LLC - southeast quarter, Section 5, T3N, R1 E: Corrie: Item No. 17 is tabled from September 5, 2000. This is a request for Final Plat No. 00-016 - approval of 38 building lots and 1 other lot on 11.05 acres for Packard Subdivision No.4 by Packard Estates Development, LLC. Staff. Stiles: Mr. Mayor and Council, this is for the final phase of Packard Estates Subdivision. It would be on the southeast corner of the approximate 40 acre peace here. With this approval, they can get these ditch problems cleared up hopefully and we recommend approval with staff conditions. Thanks. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, this isn't Wind Gate Lane one, is it. Stiles: No. Wind Gate Lane would actually be up here. The Development Agreement that was on the Agenda tonight dealt with the Wind Gate Lane issue and we'll be seeing Phase Two of what they call Packard Acres now in two weeks that would border Vern Almond and the south slue there. Corrie: Any further discussion? Bird: I have none. Corrie: I'll entertain a motion on the request for Final Plat, No. 00-016. Bird: Mr. Mayor. I move that we approve the Final Plat approval of 38 building lots and 1 other lot on 11.05 acres for Packard Subdivision No. 4 of Packard Estates Development, LLC, southeast corner, section 5, T3N, R1 E with staff comments and the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Do I hear a second on the motion? Anderson: Second. Meridian City Council Meeting ( September 19, 2000 Page 75 Corrie: Motion made and seconded to approve the final request of 00-016 of Packard Subdivision NO.4 and have the attorney draw up the proper orders and put the staff comments of approval. Any further comments? Discussion? Okay. Roll-call vote, Mr. Berg. Roll-call: Bird, aye; McCandless, aye; Anderson, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 18. Public Hearing: 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: Corrie: Item No. 18 is a public hearing on a variance request to not pipe an open ditch that borders the subject parcel on the west boundary in the Hollows Subdivision by Bond and Shelli Campbell - the variance number 00-021. At this time I'll open the public hearing and staff comments first. Stiles: Mr. Mayor and Council, this is for a property that's currently zoned R-3 in the City. They are proposing not to pipe the ditch that runs adjacent to the west property line. Apparently, the property owner here uses that ditch for irrigation. I'm not sure if it's irrigation or drainage. I'd like Gary to address some of the concerns that we have with that in regard to moving it onto the adjacent property. There is a requirement on this subdivision to have a 15-foot wide berm completely surrou~ding the property and the adjacent property owner was here earlier. I don't know if he's still here. Jeff, is he here? Is he here? The adjacent property owner was here. I'm not sure if he is aware of all the implications of not piping this ditch. He was a little concerned because he says he has sprinkler system running all the way up nearly to his property line, so maybe Mr. Manship can address that a little more fully, but since these were conditions of the plat, and they are ordinance requirements, we didn't prepare a staff report for you, but I would like Gary to address the issue of the implications of not piping that ditch. Smith: Thank you, Mayor and Council. The Preliminary Plat shows the property line for this subdivision down the center of that ditch and as you know, the ordinance requires that a ditch - all ditches crossing a property are immediately adjacent there too are to be piped. That's the reason for this variance request. I am not sure how this ditch is utilized by the adjacent property owner. If the ditch is piped, and he uses this as a live-water ditch, and it appears from the photograph that that's the case, then there are pertness (sic) that can be attached to pipes to allow irrigation from the pipe, such as an Orchard Valve - or Orchard Valves. The other issue that - if this ditch is moved off the property line onto the property to the west, or to your left as you look at the photograph, then there would need to be an approval by the property owner to go to the left side Meridian City Council Meeting ( September 19, 2000 Page 76 ( for that move. It would also encumber the property owner to the left to pipe at some future date if he so decided to develop or someone else decided to develop - that requirement would then be with that property owner. So there are a couple of implications with this ditch. I don't know how much water that ditch is carrying. It looks like a pretty good size ditch, but it's not large enough to not pipe as required by the ordinance, which we've said is a 48-inch. If it exceeds 48-inch, then its excepted. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess I have got to ask the obvious question here. What's the problem with piping the ditch? Manship: Jeff Manship, Pinnacle Engineers, 870 North Linder Road. This request is by the adjacent property owner. He wants to continue doing that. Another reason for him not wanting to pipe it is apparently he has sprinkler lines running right up to the lip of the ditch on the left side and believes if it was piped and equipment was in there, it would ruin it and he doesn't want to deal with that. He likes to continue to flood irrigate with open water like that. Currently, like I said, this is a request by the property owner to keep that open. I did get a com back from Nampa Meridian Irrigation District. "Dear Commissioners, the above mentioned lateral or irrigation ditch would not exceed the 48-inch maximum pipe size under the City of Meridian's present ordinance." That's the only comment they had on that. Anderson: I guess I'm confused. You said he has sprinkler heads run right up to the edge of the ditch but then you were saying he flood irrigates. Is there a sprinkler system or a flood irrigation? Manship: I'll let the developer answer that question for you. Campbell: I'm Bond Campbell, 1150 East Ustick Road in Meridian, property owner to what would be the east of this property. He flood irrigates this portion which is basically pasture, but he irrigates with sprinklers the portion from the front to the back of the house to the fence. So he's got sprinklers on a portion of it, but he flood irrigates this front and he flood irrigates a portion of the back out of this ditch. Bird: Okay. He's got a pump down there? Campbell: No pump. He just basically ferules the embankment wherever he wants the water to come out. Meridian City Council Meeting (' September 19, 2000 Page 77 Bird: But how does he sprinkler? He's got to have some kind of a pump set up back there. Campbell: Yes, off of his well for his sprinklers for his house. Bird: Oh. It's not coming off the ditch? Campbell: No. Anderson: And how many feet a yard is that back there at the end that he's doing with the sprinkler system? Campbell: There's probably 100 feet there and there's probably another 100 or more feet of pasture behind that and this is probably - deceiving from this picture but this is probably maybe 600 feet from the edge of the grass to the front. It's a combination of yard and pasture split up into three sections. Anderson: And what size pipe would it take to pipe that or tile that ditch? Campbell: I believe, in our original Preliminary Plat, it was 12-inch pipe. Does that show on this plat? I believe it was 12-inch pipe. Maybe 14. Bird: That's an awful large - Anderson: You can move a lot of water through a - Campbell: This ditch is deceiving because of it's width / depth ratio. It's a fairly shallow ditch compared to its width. Bird: Now tell me - I'm being dense, which isn't uncommon, but why by tiling that ditch is going to hurt his sprinkler system if he sprinkles off his well? Campbell: Again, I don't know all of his reasons for recommending to us that we not tile that ditch. Obviously, if it were you or me, we probably appreciate that improvement to our property. I really don't understand his - that's one of his explanations but I don't know if that's all of his reasoning. All I can say is we're just trying to take care of all the property owners on this ditch situation. Bird: Where is that ditch originally from? Campbell: It originates from the corner of South Locust Grove and Ustick Road and it runs - Bird: Does it come across Dr. Johnson's on the corner there? Meridian City Council Meeting ( September 19, 2000 ' Page 78 Campbell: It goes across - it goes north on Locust Grove to the back of Dr. Johnson's. Then it comes across the back of Doc Johnson's, across the back of Pepper's onto my property. Bird: Then it starts to slow down there. Campbell: And then it actually goes north again a little ways all the way across the northern boundary of my property and then all the way back to Ustick Road. Bird: What about silt and stuff, Gary? Smith: I don't know if there's a silt problem in the ditch or not, Councilman Bird. I think that silt problem we had was the type of soil that they had and the type of crop that they had - that they were irrigating and they were just running a lot of water. In looking through the file on some of the letters that came in, there was some concern expressed by downstream water users on the headgate area, the northeast corner of this project, also that they were concerned that they had the right headgate ultimately constructed and that they had access to that headgate. I know that doesn't really deal with this request, but it's the same ditch. Just listening to what Bond had to say, if the property owner to the west of this - I mean the reasoning for not piping the ditch - I don't know what they would be. If he flood irrigates, the Orchard Valves can be installed in that pipe and then he can flood out of those Orchard Valves. If they've got a berm scheduled for along this west side anyway, that ditch is either going to have to be moved or piped. It certainly can't stay in it's present location just because the property line is down the middle of the ditch. Corrie: Is the Hollows willing to give up that? It looks like the Hollows will be giving up that eventually. Campbell: I'm not opposed to keeping the ditch where it is and moving my fence basically where the fence line is now. My only question is then, if there's property on the opposite side of the fence, that I'm basically letting him use - If the City doesn't have a problem with that, I don't have a problem with that only because my lots are all over 100 feet deep. Actually, the shallowest one - I believe those lots average about 146 feet deep, so I thought about that and I'm not opposed to that - if we can leave the ditch where it is, keep him happy, satisfy the requirements of the City and just construct a new fence where the existing fence is, I'm not opposed to giving up that two to three feet of property. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I think Council just brought up a good point. You can't put a fence over a pipe to irrigate a pipe anyway, so - Meridian City Council Meeting ( September 19, 2000 Page 79 / ( Corrie: You'd have to put the fence on that side anyway. Anybody else in the public? I don't think there is. Any other comments or questions of Council and the applicant and staff? De Weerd: No. Corrie: Hearing none. I'll entertain a motion to close the public hearing on Item 17, the variance. Bird: So moved. De Weerd: Second. Corrie: Okay. Motion made and seconded to close the public hearing on the Variance No. 00-2021. All those in favor, say aye. MOTION CARRIED: ALL AYES. Corrie: Council. Bird: Mr. Mayor.. Corrie: Mr. Bird. Bird: A comment. As I understand it from Mr. Campbell, with the blessing of our department, if our staff, we could - he's willing to just go down that existing fence line with his property and just leave that open and - I don't know from legalities what you have to do. Would you have to - What would we have to do for legalities on that? It probably wouldn't be anything to us, anyway. It would be between him and the owner to that. It would affect the plat, though, wouldn't it? Yes. Stiles: They'll have to increase their easements on the exterior boundary because they'd still have to have 10 foot. Bird: Can that be done within the staff level or can it be done when we approve the plat? Stiles: It could be when you do approve the plat. I would just ask that you do one thing if you're going to approve this variance. Since the property owner adjacent was here wanting to testify and left - not that I'm not saying Bond's not telling us what's right, but since he's not here, could this approval be contingent on receiving a notarized approval from that property owner to leave it open - that it's at his request and that he realizes that if he re-subdivides or redevelops his property, he will have the sole responsibility for paying for that ditch. Just Meridian City Council Meeting ( September 19, 2000 ' Page 80 because he's not here - and he may not realize what the implications of not piping that ditch are. No, we can't do that. Nichols: Mr. Mayor, members of the Council. Councilman Bird asked me if the public hearing had to be reopened and I don't believe so. I think it's been stated that the reason for the variance, and it's in the record already is that the neighbor requested and so if you wanted to make a condition of granting the variance that Council - or excuse me - staff received a notarized statement to that effect, we can write it in that way. So we'll go ahead and (inaudible) Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: We have these City Ordinances and the ordinance clearly states that either you tile a ditch this size or you make it an amenity and the prerequisite for doing away with that is if it creates a hardship. To me, nobody has shown that it creates a hardship here. It's just a matter of personal preference. Yes, if you have a choice to spend the money and tile a ditch, no, you aren't going to do it. I don't see where the hardship has been shown in this case and I guess it would be my recommendation that we not grant a variance here. De Weerd: Mr. Mayor. I agree with Councilman Anderson. There is no proven hardship and that's what our ordinance and variances are for. Corrie: Any other discussion? Let's close the public hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I also agree that it's in the ordinance, but when you got the guy that owns half of that ditch that the property line is running right down the half and he don't want it tiled, I don't know - maybe if they don't want to tile it, maybe Mr. Campbell ought to go out and deed that two or three foot of that over to him. But, I agree if the ordinance - you know - when you don't own the whole property and it's a boundary line and stuff and the guy that - I know if I was that property owner and have that nice house sitting out there and even if I wanted to flood irrigate, I wouldn't want the thing piped either. Anderson: But we're not eliminating that. They can still have access to it by putting the gates in the pipe and still flood irrigate. Bird: Oh. I realize that, but - Meridian City Council Meeting ( September 191 2000 Page 81 Anderson: And it's pretty clear to me Nampa / Meridian's suggestion is that they think it ought to be piped. Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just to move things forward, I would make a motion that we instruct the City Attorney to draw up Findings of Facts and Conclusions of Law denying this variance - that hardship has not been shown for the Hollows Subdivision by Bond and Shellie Campbell. McCandless: I'll second that. Bird: Motion made and seconded to deny the variance request and have the attorney draw up the Findings of Facts and Conclusions of Law to that denial. 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 19. Public Hearing: 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: Item No. 19 is a public hearing on the variance request to use Meridian City water for irrigation in The Hollows Subdivision and variance number 00-022. At this point I'll open the public hearing with staff comments first. *** End of Side 6 *** Smith: - basis and that's the reason for the request to utilize city water for sprinkler irrigation of the lots. These lots are 12 - 13,000 square feet. They're probably similar in size to a lot of the lots in Meridian Greens Subdivision. Apparently, they have indicated that they're going to have a pressurized irrigation system. I'll ask the developer, I guess, to address that, but if that's the case and City Water is used as the principal source, then there would be a single point connection and back-flow device at that point of connection. With the availability of ditch water, we've got to address it or may have already addressed this same matter on Ted Hepper's subdivision just - Is that just to the east of you Bond? Yes. It's the same ditch. So I've got a similar situation there with just intermittent water flow. The alternative and the reason that I mentioned this pressurized irrigation system for the subdivision is that someday, there could be water available for this subdivision and for Hepper's subdivision. The only issue with that is how the distribution system is sized and laid out and where the point of Meridian City Council Meeting September 19, 2000 Page 82 supply would be which is all a big question mark right now. Anyway, I think Mr. Campbell wants to address the - Campbell: Bond Campbell, 1150 East Ustick, Meridian. We'll do that if staff requires it - putting in a pressurized irrigation system with a single point connection. My only concerns are what you mention there as far as the unknowns. We don't know when or where and so we could have this. I guess we would still be utilizing the system either way and that would eliminate - the advantage would be that would eliminate the need for back-flow devices on each individual home site, and probably better pressure, so I'm not opposed at this point to installing a pressurized irrigation system with a single-point connection. I think we've been over it and over it and that's really our only alternative for continuous water supply, so that's all I have. Corrie: Questions, Council? Bird: I have none. Corrie: Anyone else in the public want to testify? Hearing none. Council, any questions for the public hearing? Bird: I have none. Corrie: I'll entertain a motion to close the public hearing on Item No. 00-022 variance request. Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded to close the public hearing on Item 19. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: In light of what we just heard about not really having any problems with putting in the pressurized irrigation system and being that I live in a subdivision where we water off the City water and knowing the cost of City water and the size of these lots that you're putting out here probably would be a very good selling point to you to go ahead and put in the pressurized irrigation because a lot of people are not going to want to pay City water rates just to water that much square footage in yard. I would make a motion that we have the City Meridian City Council Meeting ( September 19,2000 . Page 83 Attorney draw up the Findings of Facts and Conclusions of Law, again, denying this request for a variance for using City Water for irrigation in the Hollows Subdivision by Bond and Shellie Campbell. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: His pressurized irrigation system he's putting in is going to work off of City water. That's the one question, before we close that I should ask. This ditch, evidently is not - April 1st to October 1st irrigation ditch. Campbell: Mr. Mayor and Council members, Councilman Bird. It's on an intermittent flow. It doesn't flow continuously. As I understand, it's every 10 days that they get water in the ditch. Bird: Councilman, I just thought you'd - Anderson: Well, we're just talking about the source - it's still going to be City waters. Bird: The source is still going to be City, but the pressurized irrigation is going to be - it's like Cherry Lane's got - only they come out of the ditch. This is going to come out of our well - out of the City Well. So you're not going to save any money, but it is nice. I think we should require the pressurized irrigation in as many subs as we possibly can. It is going to be from a single source so that we don't have to have a back-flow at every house. Anderson: Okay. I guess my question would be then, maybe to staff, is can we put some type of requirement - because you talked about the Hepper property. Can we put some type of condition on there that says when that goes in, they would be required to do some type of cooperative water system for that other than City water? Smith: Councilman Anderson, Mayor and Council. I think it's the same ditch for Hepper as it is for this property. So we've got the same problem as far as supply goes. Anderson: Couldn't you put in an irrigation well for a reasonable cost if you've got more than one subdivision? Smith: If IOWR releases their moratorium on irrigation wells, yes, that could be done. Right now, they still have that moratorium in place and it's a restriction for irrigation wells or wells that are drilled for irrigation. I think you can get an irrigation well permit for water use before and after surface water is available for irrigation, but it's a very restricted use. Again, here, you'd still have the problem Meridian City Council Meeting ( September 19, 2000 Page 84 of not having a continuous flow of water during the regular irrigation season, so your intermittent well use wouldn't be of much value. Anderson: Well, I'll withdraw my motion. I don't think I got a second. Corrie: You never got a second, so you can do that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Gary, one question. Any problems with water out there - and I believe that's - ain't that a well planned out there in that area anyway? Smith: We have a well at the northeast corner of Locust Grove and Ustick right now - Well No. 18 is right there in Summerfield and so we've got a good supply right there - no problems with that. Bird: Okay. With that, Mayor, I would move that we approve the request for variance for the use of Meridian City water for irrigation in the Hollows Subdivision by Bond and Shellie Campbell on one condition - that it is done through a pressurized irrigation system with a one single source application to the well. De Weerd: Second. Corrie: Motion made and seconded to approve the variance 00-022 and to have the attorney draw up the papers with the approval of having a single-source private irrigation system hook-up. 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. Continued Public Hearing: 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: Corrie: Now, we go to Item No. 10 which is a continued public hearing on 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 - PP 00-013. We open the public hearing and invite staff comments. Meridian City Council Meeting ( September 19, 2000 Page 85 Stiles: I believe this was continued just because we ran out of time last time. Is that what happened? Or was it for these variances? Staff would recommend approval with staff and agency comments and also that the easement needed on the west property line accommodate both the tiling of that ditch and any needed utility easements. Also, we do have a letter from the adjacent property owner, the one that has the ditch on his property that he is worried about access to his headgates for his ditch. So as an additional condition, that the tiling and access to the headgates receive the approval of the downstream water users - as a condition of the plat. Corrie: This is a continued public hearing. Manship: Jeff Manship again, Pinnacle Engineers. I would go with that note that Shari was saying on the ditch and the access to the headgates. Show the plat on the map. Do we have that scene? There we go. We're proposing an easement right here where currently - excuse me - the two headgates are right up here. We're going to keep an easement over here so the - either down stream of the ditch can come and access these headgates. They're (inaudible) - flow of water of what they want to do and keep the easement open so they can traverse across this back (inaudible) - fence it off so these property owners don't have to see people in the back going to change those headgates. Stiles: How are they going to have a 15-foot berm, then? Jeff, could you address how the 15-foot berm is going to be provided around the perimeter with it fenced off and a ditch running through it? And I was just wondering where the berm thing came from? Was that a condition of Planning and Zoning Commission? Manship: That's something that Bond came up with on that - Stiles: Oh, way to go. Way to go, Bond! Campbell: Bond Campbell, 1150 East Ustick Road in Meridian. Shari, the berm came up on the development agreement three years ago and I don't know if you remember when this application came through here three years ago. At that time, I think it was a recommendation from staff to berm the property on the perimeter. I am not sure why. We aren't in big favor of that berm, so if that something on the Development Agreement that can be changed, then I am not opposed to that. If it can't be changed, then it boils down to what your definition of a berm is. If it's a 15-foot berm and it requires a certain amount of slope, then we're limited to that. If we're not required to a minimum or maximum amount of slope, then two inches constitutes a berm. So I guess we need some clarification on what constitutes a berm. Stiles: I'd have to look at the Development Agreement and why that's in the Development Agreement. I can't imagine that would have been a staff condition. Meridian City Council Meeting ( September 19, 2000 Page 86 It might have come up during the public hearings from the adjacent property owners. I don't know if Ted had some comment about it or maybe the other property owners. I just don't know where it came from, but it is going to be pretty hard to have a ditch piped with headgates and a berm and it's all going to be back behind - apparently you're proposing to have the ditch excluded from those backyards - If I understood Jeff, it was that that berm area would be fenced off from the lots so it would basically be unusable property to them. Then we run into a maintenance issue of people aren't going to maintain what they can't use and what they can't see. Campbell: Right. This is has been a struggle, also. I've actually made a suggestion to the engineers - it's not drawn on this plat, but I had made a recommendation and if I can, I'll go to the map and kind of explain it to you because it's semi-complicated. The problem is that the water comes in here and we need access to headgates here by the road. So, one thing that I suggested to Pinnacle was to actually bring the water into a headgate here that is diverted pipe this way to a headgate here that can then - actually two headgates because what we're trying to do here is bring the water here. This headgate really doesn't do anything but divert the water this way. This is where we need a headgate to divert water this way or this way. So, essentially what we'd have to do is bring it into a headgate here, turn the water this way - provide two headgates here - one to send it this way and one to send it in a different pipe this way so that you eliminate this headgate on the back corner of the property. That pulls everything out here by the road where it can be accessed without crossing the back of these lots. Does that make sense? Do you see what we're trying to do here? Stiles: You'll have two headgates out on that stub there? Campbell: Two headgates here. Stiles: And that's all. No headgates back on the north property line? Campbell: No headgates here at all. Stiles: Okay. All right. Campbell: I guess you'd have to have a headgate there where the water turns the corner. But that doesn't need to be necessarily accessed by the people diverting water. It only needs to be accessed by Nampa / Meridian or whoever is maintaining the ditch. Stiles: Is this considered a Nampa / Meridian ditch - do they take ownership and maintenance responsibility for that ditch, or do they say it's a user's ditch? Campbell: Yes, I'm sorry. It's a user's ditch, so it belongs to the subdivision. Meridian City Council Meeting ( September 19, 2000 Page 87 Stiles: We're just concerned that you work with those downstream water users so they get their historical flow of water and that they don't have any problems with access to headgates. If you can make them happy, that's all we care about. Campbell: I don't know what normally happens in a subdivision like this if it's on a back corner of a property. This homeowner's concern was that now people were going to cross her property to access those headgates. I think the original intention was to fence around those headgates because access could still be gained here. Obviously, if she doesn't want that - because the way it is now - I live right here. People pull in my driveway, drive around by my shops, drive back here and climb over my fence and walk back here to change this headgate. It's been that way for however many years. So I guess it's assumed that I need to continue that responsibility to provide access from my property. Stiles: I guess so, yes. Campbell: That's the assumption. Even though I am no longer even a participant in the use of that water by piping it all the way around this project. I don't know if the City has - this whole issue would be resolved if the City has any power in what happens to the fencing around this headgate. Stiles: What do you mean by power and what happens to the fencing? Campbell: Well, I guess - Stiles: I mean they have to have access to that and they don't want to go through somebody's backyard to get the access. No one would want somebody coming in their backyard to go through the headgate. Campbell: Yes. I understand the situation, but if we could fence around here, then we wouldn't have to do all of this - to go through all of this diversion and have all this conversation - We have a solution, I think, by bringing the headgates out to here. We can make that work. We can still provide access. Then it would be from the street. It wouldn't be on anybody's backyard. Then it just comes down to - Stiles: Okay. I understand now, I think. Mr. Mayor and Council. I'd just like to be able to kind of coordinate with them and with the Public Works Department to see what we need to do - if there's any extraordinary easements that need to be provided. Still, we see some final construction plans that's going to be a little hard for us to determine that - and I research that berm thing. Manship: Jeff Manship, Pinnacle Engineers. We agree upon all the (inaudible) specific requirements. Just one question on No.7, Shari is where fencing will be necessary on this project. You really didn't point it out in the - Meridian City Council Meeting ( September 19,2000 Page 88 Stiles: It's going to be kind of a chicken and egg thing. I think Wanda's Meadow probably had a requirement for permanent perimeter fencing. First one to want a building permit, or maybe you can cooperate with that Wanda's Meadow, depending on the construction timing - share any costs of that. I don't know. It is going to be an issue with where you pipe that ditch and where the clean-outs are and this berm - if we can't get rid of that. You will definitely need it on the northern boundary and the western boundary. Manship: Okay. Stiles: Not necessarily the street boundary - it can encroach on that landscape easement if they do want a fence. It's more of an aesthetic buffer and a buffer from the street with that landscaping planning strip. We don't usually dictate that if fence is required next to that street if you have a good buffer with your planning out there. Manship: Any other questions that I can try to answer or Bond could try to answer? Bird: I have none. Corrie: Thank you. Any other questions? Anyone else in the public who wants to issue testimony on this No. 10? I would entertain a motion that we close the continued public hearing on Item No.1 o. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item 10, request for Preliminary Plat No. 00-013. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Discussion or questions, Council? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess my question would be how do we go about a motion when there's still unresolved issues with the berms? Do we just leave it for staff to work out berm requirements, ditch or headgates or whatever you define that issue as - and fencing. Meridian City Council Meeting ( September 19,2000 Page 89 Stiles: The fencing is going to be required perimeter fencing. I mean that's what we've asked for is the required perimeter fencing. That would be northeast and west unless they can work out something with the adjacent property owner. I think the headgates is going to have to be dealt with by Public Works Department when they get final construction drawings. The berm - I am going to have to research that on what the Development Agreement said and why that was in there. It may not be a condition that can be removed. I don't think it can be removed if it's in the Development Agreement without it coming back to Council. I just have to read that. I don't remember that. De Weerd: Okay. Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for Preliminary Plat approval of 12 lots on 5.6 acres in an R-3 zone by Bond and Shellie Campbell for the proposed Hollows to include staff comments noting fencing on the northeast and west boundaries - that the headgates need to be worked out with Public Works and that the P and Z administrator will research the berm issue. If a recommendation needs to be made, further action can be taken. Instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion made and seconded to approve the Preliminary Plat 00-013 with staffs (inaudible) and any comments and have the attorney draw up the Findings of Facts and Conclusions of Law. Any further comments? Hearing none. Roll- call vote, Mr. Berg. Roll-call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 20. Public Hearing: VAR 00-023 Request for a variance of the required 20-foot to a 10-foot wide planting strip in a prqposed 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: Corrie: Okay. Item No. 20 is a public hearing - request for a variance of the required 20-foot to a 1 Q-foot wide planting strip in a proposed I-L zone for proposed Elliot Industrial Park Subdivision by Chuck Elliot, The Elliot Group. So at this point, I'll open the public hearing on the variance no. 00-023. Staff comments. Meridian City Council Meeting ( September 19, 2000 Page 90 Stiles: Mr. Mayor and Council. With the comments from the adjacent property owner's representative regarding their agreement to go with a 10-foot planting strip with trees 20 feet on center in the sizes indicated in their letter, staff would recommend approval to reduce the planting strip requirement to 10 feet with trees 20 feet on center. De Weerd: The trees 20-foot on center? Stiles: That's what was requested by the adjacent property owner. They wanted certain species of trees and I guess Shaun can relate whether they have some other information. Nickel: Mr. Mayor and Council, thanks for letting us speak. Shaun Nickel from Hubbell Engineering, 701 Allen Street in Meridian. Yes, the developer and the adjacent property owner did meet and came to an agreement on what types of trees and locations along that 10-foot buffer strip. Before we -- I guess we'll stand for any questions you may have. I appreciate staff's recommendation. Corrie: Questions? Bird: I have none. Anderson: I have none. Corrie: Okay. Hearing nothing further of the public. I entertain a motion to close the public hearing. Anderson: So'moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing in request for variance 00-023. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we have the City Attorney draw up the Findings of Facts and Conclusions of Law allowing the variance for the required 20-foot to a 10-foot wide planting strip in a proposed I-L zone for Elliot Industrial Park Subdivision by Chuck Elliott subject to staff comments. Bird: Second. Meridian City Council Meeting (' September 19,2000 Page 91 ( Corrie: Motion made and seconded to approve the variance request on V AR 00- 023 and have the attorney draw up the Findings of Facts and Conclusions of Law with the submittal of the staff comments. 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 12. Continued Public Hearing from August 15, 2000: 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: Item 13. Tabled from August 15, 2000: 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: Corrie: Item No. 13 is tabled from August 15, 2000. It's a CUP request 00-033 to construct an office and shop for proposed Elliot Industrial Park Subdivision. Staff. Stiles: We would recommend approval with staff and agency conditions and based on the Development Agreement to be executed. Corrie: Okay. Oh, I thought we were doing 13 and then 12. I am sorry. I guess I got it backwards. Okay. De Weerd: I was on 12. Anderson: That's the one we're supposed to be on is 12. Stiles: And ditto for 13. Corrie: Okay, lets back up and go to Item 12. It's a continued public hearing on a request for Preliminary Plat for approval of 2 building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision - PP 00-015. At this point I'll open the continued public hearing and staff comments on 12 this time. Stiles: I would like to incorporate my testimony from the previous - with Development Agreement, staff and agency conditions and variance requirements - I mean the conditions of the approved variance requirements. Meridian City Council Meeting ( September 19, 2000 Page 92 / \ Corrie: This is a public hearing. Any questions or testimony? Okay. Hearing none from the applicant. I'll entertain a motion to close the public hearing. Bird: So moved. De Weerd: Mr. Mayor. Corrie: Yes, ma'am. De Weerd: There's a number of things or just a couple of things on the recommendation from Planning and Zoning. On page 1, number 5, the sentence is not complete and on page 4 - Stiles: Which one are you on, Tammy, please? De Weerd: On the Preliminary Plat. Isn't that what we're doing? Bird: Yeah, that's it. De Weerd: Or is there a revised one? In number 5, the sentence is not complete. "The proposed site of the subject property is." Then on page 4, Item 1.12 - I don't know. This was so long ago when I looked at this. Number 3 is - Stiles: Tammy, can I say something about that one - the 1.12? De Weerd: Yes. Stiles: I kind of mentioned that in the annexation and zoning that kind of changed that. I know that Chuck did oppose that earlier and - that the pathway along the Jackson Drain shall be addressed in the Conditional Use Permit process for Lot 2 and the applicant is to provide an easement and construct pathway if the City's pathway plan shows a path on the north side of Jackson o r8 in. De Weerd: Okay. I think just my change was instead of number 3, it's 1.1. Her Item No. 3 in the annexation requirements, it's more per Item 1.1 in the zoning one. Well, just whatever needs fixed, just fix it. Stiles: Chuck will do whatever we want him to do. It's really going to need to be addressed when that back piece develops, but we want to make sure we leave that open in case it is determined that that north side needs to be - they might need to have a little additional easement - maybe another five feet because it looked from the plat that that easement is only about - in some places maybe seven or eight feet from the very top of bank. There might need to be some little negotiation if that needs to be constructed along the north boundary of that Jackson Drain. Meridian City Council Meeting ( September 19,2000 Page 93 Corrie: Okay. Any further discussion? Bird: I have none. Corrie: Then I'll entertain a motion to close the public hearing. Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded to close the Item No. 12 public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the 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 and for the attorney to draw up the proper Findings of Facts and Conclusions of Law and Decision of Order with staff recommendations and the clarifications that was just discussed. De Weerd: Second. Corrie: Okay. Motion made and seconded to approve the request for Preliminary Plat on PP 00-012 with comments. Any further discussion? Roll-call vote, Mr. Berg. Roll-call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Corrie: Now, Shari. Item No. 13. Stiles: I would like to incorporate my previous testimony in No. 13 and recommend approval with all previous conditions of approval. Corrie: Any comments? Stiles: Now, this is just for the Butte Fence facility to manufacture and since the variance has been granted, then they'd have that 10-foot planting strip. ( ,- (Q, '(~ou-r-r>- l.l'ry ~ R t _ J ED'" K E ~ t: -.. i } ,~. }\O/A C(fUI,~TY RECORD[~q 0 ~ -J~ D:~V1D N~\VARi~Q FEE - p. -Y BO~SE, tD,^..BO 2001JA25 PM 1:27 101006468 [! ': ;"~ ~.--~, ~ Y.i'.- )\1 cri'Y .Vii::.i"r1w ,J'1.. ~ This sheet has been added to document to accommodate recording information. ( a ~ ~ w ~M ",cq OM o co ,......, 1.0 co (f) ~ co- N~ N~ ~~ 0)(0 co Z ~ Clli l:BONll l- (I) ~ ~ ~ o en ~ o C) 0'> ~ Z ~ W ~ ~ ~fl o cr:: z g ~~ z <( <'":) ffi ~ ~ w 5= t- :::E ~Q () >- ct LL g~ Z 0 Z 0 00 <( Z 0 >- wffi- ~o <( f:; I- cr:: '-' C3 ~~ 0:: ~ o (I) ~ Iz ..... ~ ~ es 00 s: ~ rn 5 I 1$ \ffidSWY1 w ~ a:: ::l: 0: ,.'\OA COUNTY REeD R J. OAY~O NAVA 0 E~ CiS E 1 H1:\ J.1 J- (- RECORDED~ HEQtlEST OF' MERlO! CJA' t 20DO DC 19M i: 2 9 CITY OF MERIDIAN ORDINANCE NO. a '10 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE I<NOWN AS THE RANDY WARE PROPERTY AS 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 LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 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: A parcel of land being all of Lot 13 of Van Bees Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 12 of Plats at page 688, a portion of the ANNEXATION AND ZONING ORDINANCE (AZ-OO-014) - 1 NE 1/4 of Section 14 and a portion of the NW 1/4 of Section 13, T. 3N., R. lW., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Northeast corner of said Section 14; thence along the East boundary of said Section 14 South 00033'05" West 1905.82 feet to a point, said point being the POINT OF BEGINNING; thence leaving said East boundary at right angles South 89026'55" East 25.00 feet to a point on the East right-of-way line of South Linder Road; thence along the said East right-of-way line South 00033'05" West 147.82 feet to a point on the extended South boundary of said Lot 13; thence along said extended South boundary and the South boundary of said Lot 13 North 89012'28" West 689.81 feet to an iron pin marking the Southwest comer of said Lot 13; thence along the West boundary and West boundary extended of said Lot 13 North 00033'41" East 221.61 feet to a point marking the Southwest comer of Lot 12 of said Ven Hees Subdivision; thence along the South boundary of said Lot 12 South 87002'34" East 583.83 feet to a point; thence continuing along said South boundary South 46042'00" East 76.88 feet to a point marking the Southeast corner of said Lot 12; thence South 89026'55" East 25.00 feet to the POINT OF BEGINNING, Said parcel of land contains 3.21 acres, more or less. 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, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). 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. ANNEXATION AND ZONING ORDINANCE (AZ-OO-014) - 2 SECTION 5: All ordinances, resolutions, orders or parts thereof in 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 following 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 with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code ~63-2215 and 850- 223. ANNEXATION AND ZONING ORDINANCE (AZ-OO-014) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /94 day of c:f)'pfefrlb~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ;1-11- day of de,dPmM"V , 2000. STATE OF IDAHO,) County of Ada. ) On this ( qfb- day of (C) ep~~r ,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 within instrument, and acknowledged to me that the City of Meridian executed the same. IN WI~~'S(,~EREO F, I have hereunto set my hand and affIxed my official seal the da~~~yt9~~ove written. .. .~~ ~)?~.' . O~.' ~ ~'O .tri: \ UI :cn~ *"* '* 1~: /! (SEAL) ~ \ ; : Y P LIC FOR IDAHO Lc1 -. ..p',.... Ar--.. -tC ,,// t!!)1i1 RESI T VIA J) 1/. A , ,., ~ · ..~~~~fp~?t<;.. MY COMMIS~I~~ ~~~7b -fi) .1fJ~all." . -- - MSG\Z:\Work\1V1\Meridian 1 5360M\Ware Randy AZ\AZOrd ANNEXATION AND ZONING ORDINANCE (AZ-OO-014) - 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 Clerl(, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. BCft? passed by the City Council of the City of Meridian, on the ;Cf-cb. day of JeiJfelJ'Vbev 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \ , , \ \ .1 J I f I J ; 1 J i J \.\\' \ If''''llt: Ul:::"h. I11I ~,,'\ -.J V' .""-I1ft)/ 1/.1/ ....' ,;l ~ 'FA 'l ,:.li. ~'- --.. t'\D .. ~ '''' '~ ~ v- r-- Wi)J~ ' , ~ ,. ~ - - . ~ - - ~ ~ ~ SEAL ~ WILLIAM G. BERG, JR. ~ -v6- ~ i ~ .Vt, ~. D ~ ~ "AJ.3r 1~ · ~ ~ ~ ~ I ~ ~ STATE OF IDAAVN OO(m1"'l . 1<)"",,'" , II \\\\ Illtulti11rSS'. County of Ada, ) l' ()n this q'th day of Jtp~, in the year 2000, before me, Dhel B. , a Notary Public, appeared WILL G~ .BERG, R., 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. ~oa.CI.. 0$ U~. O-+.L1 ~:..--...9~~. .+ 0....... 't ......, ~ '0 .~,~ 0 A.JtJ... '\ ~~ ~t:q, ~ \t'l\1 :::r:; * * ~ \......... a . .. ^ I ill I ,..,..- GJ t9 U''''' . J t:J 'I!I. \ l Q 0, , I G;J (\ , C I I1J ... .i.......~~"'~JI:~Ooo .(t~~---';;'~~;o 4) 4) ..c.t!. OF j.Y 9. GQI:JBQO- ..-- (SEAL) Nota or Idaho CommissIOn Expires: tt -ffb---t)O msg\Z:\Work\M\Meridian 15360M\Ware Randy AZ\CertificationOfClerkOrd CERTIFICATION .OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OO-O 14 Certification of the Deputy City Clerk of the City of Meridian I, Shelby E. Ugarriza, Deputy City Clerk of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 890, passed by the City Council of the City of Meridian on the 19th day of September, 2000, is a true, exact, complete and unaltered photocopy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. Shelby E. Ugarriza, Deputy City Clerk ( , "J' i ~ . <;,... Ilr,~ .I _ ~. .; .- ~ ~ . ':,: ': 'I ~', . \ , . ~ ~. ~ ... . ~ ... _-..l.._ ~ I I t~.:. ~ ~ ~ . J r r ~. ~ _ -J ~ . ~ .......-. ~~ ~'~~~ . ~ ~=. ~:; ~+~- >. ~ :.:: .~,r .. "'" ..... ....~ -.. .~.....,..-~._~~. ~.....: ~., ~ - -,/l.... 'i' ~:":_ _v,. ", :. ;:1:\ '/~I :.. i ~_ .' I ~~'>JI : + r ~...: ~: '.' ~<~::-" ..'~: " ~ - '. ~'......:: ':'-.. ::;'~1 L ~ ~.. ~...'" t .. '. ~.. -.,.... , '\ , '. ~ ""'=...... ~ ~ . \.-... ~ ~~~ ~ .. #' ~ ~ ....r.... 4 :_! /, ~:'>"f: ,,~i ,: ~ oJ: ".',: .:.. "'; ': - .~__ ~. ..- ..... - ..... ~:.:;; ~.:; :'~: . .,', . ~.- :'1. _.~_~ .': ~ ~< ~..:: . ~~.. -: ~. ':"1,. ....... ~-.::':. ~- _I.~ :. ~+ y./~ - +-::..... ~.. ... . ~ . ~ ~....... ~ ~ l'. . "..;.. ,... . ~ . +~ - ~. ..... ~ ~ :... ...... ..'.. ~ ~ ',<.> -' _~~'f.. "'_ ~ .; ~:'.; :""':. - ~ 1..""::' ~ -_:..., :: :"':', . t:.::...y~:,,- · ~ .~, '. . ....-.. t> r...., '--..- lit' '...... ~~~... ... .... 1"- ~ ... ~ ~:: .. . - '- . ! ,--: :: .::) ~ .....'. ... ~ . ~;{. ..;t. .~~?<.~,. . :'f~~~ ; ~t .L . . '. : J " .~ u' ... r 4~ : .. ~ ... ~ ..." ~ ~ ~ . .< .:- ,.. .. ... -t" -'~ . - .~ + _.....~ ~..."'~ " . :", .,,:..~~~...:.;. ~. -~', s~< . ~. 'c~'_ .~ ~,,':, . :d -V1::.~ t:(j ..};-" ,.,: ~......~:.'.' : - ~.. '.... :..;...... , -, - . . --- ' ". ~ (~\~.. :.:.~'.- ~'<:'~ r ':- -:"-- .: ~~I' --~~; ~ .,.~+ ~ ~, ....... ~ ... . . - . . .~y s.. ~<: ~.....:: ~~...,~_~. J.:.~<~~<;'_ .~.~ ~-;.t;" .:- -, ~!ti:.J.;:~::.',:, f~- ,;; ;~Xr:,~ ;{~1 - j j . . , , I , ~ .. , . J . j .~ .::: - i 0 UJ ~ ~ :: ~ @! ~w ~ 00::: O' ~~ ~ a: ~o ill z~ 0>- ~ ~ ~- u.. if z ZO z o <S~ <z 0 ~ wffi ~~ ;::: c.> ~~ w u a::: en 0 ~ ~ .. .- ~ ill ~ ~ ! w;:ww I fg:ggf8 ~ II C'oMNCo C"\IM-.;;tN m8*~ - U)CJ) U) ::i~~~ - .--, _"..1 " ;l ~ ~ ~ U) w ~M ~~ o Q) J"'o.- ll) co en ~ co- ",-- ~~ r~ ~CO z :.~ ., J " J ~ -I . -.~ ..~ OH H30NIl ! ~ I J 1S~ .~ j ~ l- en ~ ~ Pi I It, Meridian City Council Meeting ( September 19, 2000 Page 94 De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: There is a number of clean-up required on this one, too. Do you really want me to go through each of them or shall I just submit it to the attorney? Page 2, 1.3 refers to 1.03 and 1.10 - 1.4 - it just has a bunch of duplicates. Stiles: I had a couple things on that, too. I am sorry - on the findings~ De Weerd: And just one other thing is to incorporate the comment from Sanitary Service as well~ Stiles: I had a couple of items. On page 1, Item 5, the reason for the Conditional Use Permit is that the Comprehensive Plan requires it. This is designated as a mixed-plan use area that requires all development in those areas to be done under the Conditional Use Process. That's why they've done it that way - and not that that use requires it in because it wouldn't require it - had it already been a light-industrial zone. I think the opposition has been removed regarding tiling the Settler's. That's still proposed to be tiled. Page 3, Items 1.10 through 1.14 are duplications. 1.18 is a duplicate. 1.19 - there was a recommendation to add at the end of the sentence: "but permanent storage areas are exempted from the paving requirement~" I'm not sure we have got a revised plan showing those driveways. Did he? De Weerd: And that's stamped August 28th - is that the one we got? Stiles: "Future access drives shown on the west boundary of Lot 1 appear to be below the required 25-foot minimum width." Do you remember that one? 25-foot minimum. We can take care of that and that's all I have. Sorry I missed that. Thanks, Tammy. Corrie: Okay. Any further discussion? Hearing none. 1'(1 entertain a motion on the request for Conditional Use Permit 00-033. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the 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 on Wilson Lane and incorporate staff comments plus revisions to the Findings and Facts and have the attorney draw up the proper papers~ Corrie: Do I hear a second? , -- Meridian City Council Meeting ( September 19, 2000 Page 95 De Weerd: Second. Corrie: Okay. Motion made and seconded to approve the request for Conditional Use Permit 00-033 with the motion as stated. Any further discussion? Hearing none. Roll-call vote, please. Roll-call: Bird, aye; McCandless, aye; Anderson, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 21. Continued Discussion from September 13, 2000: Sale of Old Fire Station Property / Notice to Accept Bids: Corrie: Okay~ Item No. 21 is a continued Discussion from September 13 - sale of Old Fire Station Property and notice to accept bids. I think the question was whether we wanted to sell the old fire station property. Mr. Anderson wanted to make sure that everybody was here and could understand what they wanted to do. Anderson: We advertised that to the department heads. Did you get any feedback? Corrie: I didn't get any feedback, no. Anderson: Basically, I just wanted to make sure that before we sold the Fire Station that there wasn't somebody that was going to come in two weeks after we did it and say, "Gh, I have a great use or great idea for that building." Then we're kicking ourselves for selling it. We wanted to ask the department heads if anybody had any ideas for uses for that building or anything like that~ What's that? De Weerd: We were still going to do that. Corrie: Boys and Girls Club will be asked two years on that - if the bank buys it. In the bank's letter, if they get- *** End of Side 7 *** De Weerd: Any comments over there? Anderson: No comments. It's too late for them. Corrie: Okay. What would you like to do? Meridian City Council Meeting September 19, 2000 Page 96 Anderson: If we have no other comments, then, I would like to maybe throw out for discussion the possibility of if we do sell it, that we earmark that money to go for future land purchases for Fire Stations that will be needed in the future. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I have no problem at all with that, but I wouldn't want to restrict it just to land purchase unless we absolutely have to. Why not help build a new substation - a number 2 substation that we know we need right away. I don't know if we have to stay to just purchasing land or not, but I think we can always - I think the developers will give us land - if that would be not offensive to Councilman Anderson. No, I mean would you care whether it went to the building or the purchasing. Anderson: No. We could just state - I guess property and that could be buildings or land. Bird: I'm 100-percent behind that. McCandless: Yes. I am, too. Bird: And I believe when we sell the Police Department over here, that goes toward the Police Department. Then we will need for approval to have the attorney get the appropriate appraisal and then if we get the appraisal to sit the notice for accepted bids and see what happens after that. Is that correct, Mr. Nichols? Nichols: Mr. Mayor, members of the Council. When you get an appraisal, there has to be a public hearing proposed sale and then it has to be sold at public auction with the minimum price being the appraised price, and if nobody bids, then you're free to negotiate a sale by privqte treaty. Corrie: Okay. It takes a little bit but we can get it started if the Council so desires. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: With the Council's approval, if they agree with this, I would make a motion that we have the mayor and the attorney proceed with the proper format that we need and get it back to us and we'll get proceeding on this sale of the property and the building at the old fire station. Meridian City Council Meeting ( September 19, 2000 Page 97 Anderson: Did you want to put the stipulation on where the funds go? I guess we don't have to at this time. Bird: I'll be glad to do that. And any funds derived from this will go to the Fire Department for purchase or building of new fire station. Corrie: Okay. Is there a second to that motion? Anderson: I'll second it. Corrie: Motion made by Mr. Bird and seconded by Mr. Anderson to have the attorney proceed with the appraisal and with the stipulation that monies received will go to future fire station building or property. Nichols: Mr. Mayor~ Corrie: Mr. Nichols~ Nichols: Mr. Mayor, members of the Council. Included in that motion should be a declaration that the property is not currently needed by the City for City operations. That's one of the threshold requirements. Yes, surplus. Bird: At this time? Do we need it at this time or would that be before the public hearing? Nichols: Well, I think you're starting the process and we have got to have the appraisal so I would say yes - or just simply amend your motion. Bird: With the second's approval, I'll amend that motion to after researching throughout our departments, that property has been determined as being excess and with no use to the City at this point. Anderson: Second agrees. Corrie: Okay. Motion made and seconded for the surplus property on the old fire property. The motion is stated. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 22. COMPASS Destination 2020 Plan: Corrie: Okay. The next one is the COMPASS Destination 2020 Plan and this is from Brad Hawkins, the planner to make some of the changes in the 2020 Plan to recommend a COMPASS Plan for adoption. Any questions? We have his memo here. Meridian City Council Meeting ( September 19, 2000 Page 98 Stiles: You directed him to come up with a memo and make sure that he had checked all of the other stuff and make sure he coordinated that - so you could either recommend that adoption as they stated it there with his memo or just reference it in our COMP Plan. I didn't know which way you wanted to go. Tammy may have the best idea of what you perceive as what they need. De Weerd: We can formally adopt the 2020 plan with Brad's comments. Stiles: You think that's good? De Weerd: Yes. Bird: Is that a motion? De Weerd: Yes. Bird: Second. Corrie: Motion made and seconded to adopt Brad Hawkins-Clark's recommendations to the COMPASS ,and adopt the Destination 2020 Plan. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 23. Water Sewer and Trash Delinquencies: Corrie: Water, sewer and trash delinquencies. This is to inform you in writing if you choose to, you have the right to a predetermined hearing at 7:30 p.m. on Tuesday, September 19th for the Mayor and City Council to appear in person to be judged on the facts and defend the claim made with this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service fee discontinued on September 20, 2000 unless payment is received in full. Is there anyone here that wishes to contest over his water, sewer or trash delinquency. No response. You are hereb~ informed that you may appeal to have the decision of the City reviewed by the 4 Judicial District Court pursuant to the Idaho Code. Even though they appeal, their water will be shut off. Full-time turn-off amount is $44,929.47. Hearing that, I'll entertain a motion to approve the turn-off list. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to approve the turn-off list. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting September 19, 2000 Page 99 MOTION CARRIED: ALL AYES. 25. Department Reports A. City Treasurer - Janice Smith: 1. Treasurer's Report: Corrie: The next one is the Treasury report we had. City engineer. B. City Engineer - Gary Smith: 2. 2000 WWTP Trunk Sewer Extension Bid Results: Smith: Thank you, Mr. Mayor and Council members. The first item I have is the bid results for the year 2000 Wastewater Treatment Plant Trunk Sewer Extension. This is a revision to the head works and "I" length of pipe to conn-ect to some pipe that has been installed previously. That will be ultimately an extension of the sewer pipe needed to serve the White Drain and the north slue. We had three bidders, JC Constructors is the low bidder at $61,760.00 They were considerably under the engineer's estimate and the other two bidders. Initially, we had some concerns about their ability to do the job for that price bid. So, considerable investigation was done by our consulting engineer~ In talking to the contractor and researching his references and the net result of all the conversations and the research was that our consulting engineer is recommending as your Public Works Department is, that the Council award the bid to JC Constructors in" the amount of $61,760.00. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Before I make a motion to approve that - Gary? Smith: Yes, sir. Bird: Have we worked with this gentleman - has this construction firm worked for the City before? Smith: No, he hasn't. Bird: Is he just - what kind of contractor is he? Smith: He is a concrete contractor. We received an e-mail from our engineer on reference check at the Lander Street Plant for Boise City. I'll just read a short paragraph. "Our consulting engineer spoke with Chris Linder, Plant Manager at the Lander Wastewater Treatment Plant and Larry Fetkether (sic) of CH2M Hill - Meridian City Council Meeting ( September 19, 2000 Page 100 both spoke highly of JC in terms of quality of work, ability to solve complex problems involving mechanical and structural components and low-change order claims. Chris said JC worked very well with operation staff during construction to avoid disruptions. It appears JC has ample experience with structural and mechanical components of the project. They do have experience with large- diameter yard and transfer-type piping in wastewater treatment plants." So, their contractors' license is AA - allows them to bid up to three million dollar project. They have no actions in their file to indicate any negative history. His name is Cox - yes - his last name is Cox. He was a general superintendent for Contractors Northwest. He was a division manager. Bird: Out of Coeur d'Alene. Smith: No. Bird: They have got a division down here too, but headquarters are out at Coeur d'Alene. Smith: He came to Boise as the - Bird: Jim Cox is his name? Smith: Yes~ He's the president of JC Constructors. Bird: Mr. Mayor. Corrie: Yes. Bird: I move that we approve the contract with JC Constructors for $61,760.00 for the bid on the trunk line sewer extension for the mayor to sign and the clerk to attest. De Weerd: Second. Corrie: Motion made and seconded to have JC Construction -- $61,760.00 approved. Any other comments? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. No.2. 1. WWTP Temperature Phased Anaerobic Digester (TPAD) License Agreement: ~ l' Meridian City Council Meeting ( September 1912000 Page 101 Smith: Thank you, Mr. Mayor and Council. The second item has to do with the license agreement that needs to be paid for our thermal filling digesting process at the wastewater treatment plant. This is a royalty fee that needs to be paid for the patented process that we're using. I think it's Anaerobic Bio-Systems Corporation was developed from Iowa State Research Foundation. This amount was originally included in the project for the thermophilic (sic) digestive process. The amount of the royalty fee is $15,340.00 and so we would request that you approve payment of this fee to the license holder. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the license agreement or royalty fee to Anaerobic Bio-Systems Corporation for $15,340.00 royalty fee and for the mayor to sign and the clerk to attest~ Anderson: Second. Corrie: Motion made and seconded to have the license agreement approved as the motion states. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Thank you. Tom? c. Parks and Recreation Department - Tom Kuntz: 1. Generations Plaza II Request to Work Bid Results: Kuntz: First off, I apologize for the lateness of this getting to you, but we opened bids at 3:00 last Friday. Yesterday, The Land Group spent the day discussing this bid with the Wright Brothers and I got this afternoon from them at 4:00. As you can see there, there were three bidders for Generations Plaza II. The cost estimate from The Land Group was $78,000.00. Our department budget currently stands at $77,000.00. The low bidder was $88,000~OO. The paragraph at the bottom, reading from it, what they're recommending at this point is that we award the bid - the project to the low bidder - the Wright Brothers at $88,780.00. Understanding that the project is over-budget, once the contract is signed for that amount, we would automatically submit a change order and I'm now turning to the second page - a change order for items listed under "A" and "B" totaling $10,656.00 bringing the adjusted contract amount to $78,124.00. Going back to the front page, most of the items listed in Item A, totaling $3, 174.00 are items that will be paid for by Stewart Laney Benoit as part of their landscaping around their building and their patio. When I say "most things" there are a few things in Meridian City Council Meeting ( September 19, 2000 Page 102 ( there that will be our cost, which are the sod, the three trees and part of the irrigation system. We would propose that we would do the sod and the irrigation system and the trees ourselves in house. Turning to the second page again, showing the items listed in Items 8 - again, those are items that we could purchase ourselves at a reduced rate at a later time. That later time would be next summer. There would be a couple of ways that we could fund those items in "8" that would be deleted at this point. The first one would be the developer paying us $5,200.00 for his half of the alley. That money could be used to offset the items in "8". Secondly, we will be coming to the Council asking their approval to sell an additional 300 plus bricks as part of this project at $100 per brick, which would generate approximately $30,000 in new revenue that's not been identified at this point. Again, I apologize for this short notice. What we're requesting tonight is to award the bid to Wright Brothers at $88,780.00 with the understanding that once the contract is signed, we will be submitting change orders for $10, 656.00. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Tom, now does Mr. Benoit and them guys realize that they're going to pay for some of this stuff out of here on Item A? Kuntz: Yes, sir. Bird: When do we propose starting this thing? Kuntz: In two weeks. Bird: And you're proposing on the trash receptacles, drinking fountain, bike racks and a bench waiting until next summer and putting it in? Kuntz: Yes, late spring or summer. Those are all items that we can install ourselves. Bird: Yes, but you're going to pay more if you do it when they're not - it's much cheaper to do with the - and it's got to be coordinated with the - I mean they go within the system with the contractors. In other words, you want the contract for $88,788.00 approved right now. Kuntz: Correct. Bird: Because there's no guarantee that you'll get that deduct item. Kuntz: Well, The Land Group has worked out these prices. Meridian City Council Meeting ( September 19,2000 Page 103 ( Bird: I have no doubt, but we just need to approve that contract and then you come back with the change order. Kuntz: Correct~ Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess just a comment, Tom is, I, too, don't like to see a bunch of change orders before you've even let a contract out and I know that you have several capital improvement projects in your budget this coming year, and if one's a little bit high, there might be others that might be a little bit low, so they may end up offsetting one another. I'm kind of like Keith. I'd hate to start throwing change orders in right off the bat. Change orders end up costing you about twice as much as if you just do it from the start, so I wouldn't be opposed to the part that Stewart Laney's going to pay for. I think we ought to just let the contract without any change orders myself. Corrie: Just have him give us the - I'm like Ron. Let's just get that contract for $80,780.00 and get going. Kuntz: Okay. The other nice thing is that Area 2, as you recall, and that's why I attached a map as a third page - Area 2 really won't be done until Spring. We'll complete everything in Area 1 and that does include the trash receptacle and the drinking fountain and stuff. So, Area 2, which lists things in Section A, really won't be done until next- Bird: Yes. Let's don't even worry about it. I'm like Ron. I hate change orders. De Weerd: You can just credit back into those accounts once you get the money from Benoit. Kuntz: Plus, again, we don't want to sell bricks, and we're hoping to raise some substantial funds there that would offset this, too. Bird: And these bids were so close that you know - now something like Gary's - the range he had there, you've got to wonder, but these aren't that bad. We're only talking $4,216 difference in a $90,000 bid. Kuntz: And we're noticing everything is high for some reason - not in this bid, but the bids we've opened recently. I don't know what it is, but - De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. Meridian City Council Meeting ( September 19, 2000 Page 104 ( De Weerd: I move that we approve the Wright Brothers as the winning bid for $88,780 for a Generations Plaza No.2 and direct the mayor to sign and the clerk to attest. Bird: Second that~ Corrie: Motion made and seconded to approve the $88,780 by Wright Brothers for the mayor to sign and the clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bird: Mayor, one thing while we're on the Generations Plaza. Tom, I'm embarrassed over there when we can't even spell one of our Councilman's name right and then we can't spell one of our biggest contributor's maiden wife's name right - I don't care where you get the money, but let's get those things changed out. We were told that over a year ago. Let's get those fixed. Get that monument place. If they screwed it up, they can come down here and put it on right. Charlie's name needs to be spelled right, and so does Helen Bambi Cox. Kuntz: Councilman Bird, Mayor and Council. I've had both of those stones - the correct spelling on those stones have been in my office for eight months. I have been promised by Guho Construction that they would be replaced eight months ago. Finally, last week, I got a call from Memorial Monument, who Harold Cox had approached them about fixing it. He called me and I told him I would take care of it. So I called Mr. Guho and said, "If you can't do it, give me the name of someone who will." He had his tile man call me last week and I have a meeting with him this week to go down there and look at the site and get those replaced. So, I apologize. Again, they've been in my office for eight months leaning against my bookcase. I am not making excuses, but at least I've got the stones made and ready to go. Mr. Guho told me to get done and I waited and was patient. Finally- Bird: Have you paid him all his retainage (sic)? Kuntz: Yes, sir. Well, it wasn't his fault. The misspelling was done by the stone company and we didn't realize it until after they were in. Anyway, I apologize. Bird: It is being taken care of? Kuntz: Yes, sir. Bird: At no cost to us? Meridian City Council Meeting ( September 19, 2000 ' Page 105 Kuntz: Yes, well, the stones are done. There will be probably be some cost to us to have those old ones taken out and new ones put in, but - Bird: Do you have any idea how they're set? Kuntz: It's just mortar. Thank you, Mayor and Council. D. Mayor Robert D. Corrie: 1. Approval of the renewal contract for White, Peterson, Pruss, Morrow & Gigray: Approval of the renewal contract for White, Peterson, Pruss, Morrow & Gigray: Corrie: The next is approval of a renewal contract for White, Peterson, Pruss, Morrow & Gigray. De Weerd: And Bill Nichols. Corrie: I missed that somewhere. It must be a law firm because there's a whole bunch of names there. Nichols: Mr. Mayor and Council. Do you want me to go to the podium for . questions? Corrie: Council, had you read the two of them? Bird: I have. I have no question. Anderson: I read them, but maybe Bill could just give us a quick summary of what the difference is between the different proposals~ De Weerd: Just talk fast. Nichols: Mayor, members of the Council. I'm pleased to do that for you. I think the cover letter that we put with it summarizes the changes. The first proposal, or Proposal A, which is $35,500 per month essentially factors in an increase of $2,500 which is intended to cover a four percent increase and also to account for the fact that we moved one of the staff people that helps the prosecution from half-time to full-time so we have two full-time staff people there now and have had for the last year. Increase in prosecution warranted that, so we added that on. Also, we've been having pretty regularly two Planning and Zoning Commission meetings instead of one, which was anticipated at the beginning of the last year. I mean, what was anticipated was one meeting a month and we've been having two. Then, also, we're anticipating that you're going to approve changing the ordinance to have three regular Council meetings a month in addition to your workshops. So there's more work and so that's why it accounts Meridian City Council Meeting ( September 19, 2000 Page 106 to about a seven percent increase as opposed to just a four percent. Proposal B has really two elements in it. One is everything I have just mentioned, plus we want to bring over. an attorney with more experience on the prosecution side. To hire a lawyer with experience costs you about 50 percent more versus somebody right out of school. Brent Johnson, who is improving as he goes along and is doing an awful lot of work over there - and Dave Swartley both are relatively new out of school. Swartley is not quite so new, but he hadn't done any trial work or any prosecution work. We have an attorney identified that would have approximately 9 years prosecution experience that could assist in that role and do that - help Brent with the prosecution and he could also help perhaps on some of the civil things. Then, also on Proposal B, is built in up to 200 hours of civil code enforcement work. It would cover things. For example, if we've got somebody that has a Conditional Use Permit and they haven't satisfied all of the conditions - I mean they're in there. They have their Certificate of Occupancy. They're going along, but they haven't done everything they were supposed to do or they're not continuing the way they were supposed to. We send them a non- compliance letter and they thumb their nose at us, then we can actually start a law suit to shut them down. Or we have somebody that moves into a building and sets something up and they didn't get a Certificate of Occupancy, it's one thing to site them with a $300 fine and it's another thing that effectively serves them with an order that says, "You're going to appear and show cause why you shouldn't be shut down" and have a judge behind you. McCandless: Does that happen very often? Nichols: Well, we have problems. Shari and I talked about one today where we had a business that hasn't complied with the Conditional Use Permit - had to do with some landscaping stuff and the owner of the property essentially is throwing the gauntlet down and started to tear up what landscaping he had which was inadequate and not the amount that was required in the CUP. That just happened today. We have those sorts of things which we can do now at $100 an hour, but I guess what I'm looking at is if you know you have an allowance in your retainer for these kinds of things, you're more likely to use them. If you're likely to use them, then we'll be able to get the word out that we're serious about some of these things. We can target some hard profile ones and go after them and get compliance. So that was our - so, there are really two parts of the request in Proposal B - the increase - the additional $3,500 a month over what proposal A would be would include some for civil code enforcement and also allow us to bring on a more experienced attorney and be able to do some of the things that we want to do. De Weerd: Is 200 hours of code enforcement enough? Nichols: Well, I think it can be if you target it, and I don't think you want to be too - and that's the issue is we want to be prudent about the use of that time. If we're successful and if we can get costs back in and recover attorney fees from Meridian City Council Meeting ( September 19, 2000 Page 107 ( these people, then that can come back into the budget and then we can say "We've used up 100 hours, but we've recovered "XU amount of money. Then you can go over the 200 hours at $100 an hour, but the question is whether the money is in the budget~ Proposal B is within the budgetary allowance between Shari's amount and the Clerk's amount including the $17,000 that Shari wanted to take out of that portion in order to cover some of the other things. We're still within what's been budgeted. We have done some things, but not actual lawsuits. It's like the Snake River truck thing that we've got worked out. Technically, it was criminal, and there was also a civil element to it. We've got some compliance there. Corrie: Okay. De Weerd: Thank you. Nichols: I would just close by saying I enjoy this work. I enjoy working with you and with the department heads and staff. This is - despite the fact that it's 2:00 a.m., this is still good work. Bird: And the feeling is mutual, Bill. We truly enjoy you. Mr. Mayor, without further ado, I would make a motion that we accept Proposal B from White, Peterson, Pruss, Morrow & Gigray Law Firm for the $39,000 per month. that insures us an attorney for prosecution. I also want to stipulate in my motion that Bill Nichols stays our lead attorney for the City of Meridian. De Weerd: Second. Corrie: Motion made and seconded that we have Proposal B and that Bill stays as the City Attorney and according to the scope of the work. Any further discussion? De Weerd: Mr. Mayor. Is this where we put that he needs a raise? Bird: Yes, he got one. And I'm sorry, Mayor - for you to sign and the clerk to attest. De Weerd: If we lose you, we will revoke their contract. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. I guess we're down to Shari. E. Planning and Zoning Director - Shari Stiles: Meridian City Council Meeting ( September 1912000 Page 1 08 1. Ada County Application 00-11-8/00-17 -ZC: Request to Ada County Development Services for proposed Bristol Heights Subdivision No. 21 to include 34 single-family residential lots and approximately 17 acres of open space to include parks and paths as well as a zone change from RUT to R-4 of 9.25 acres located at 2375 E. Chinden Boulevard in Meridian - Section 29, T4N, R1 E: Stiles: Mr~ Mayor and Council, I would like us to either set some time aside for the special meeting next week or continue this to October 3, 2000. We've got a lot of issues. Just to give you a brief rundown, this is the ten acres at the very edge of our impact area that Ramon Jorgenson has that he's proposing to develop now. The applications do state that they want our comments by the 20th, but their staff has told us that we can comment clear up to the time of their public hearing and they will accept those comments due to - De Weerd: When is the public hearing? Stiles: It doesn't have to be a public hearing. It isn't a public hearing. De Weerd: Oh. Stiles: Due to recent Supreme Court decisions about Ada County Subdivisions, I think we need to kind of strategize on this and make sure we come up with the proper response. They are proposing Meridian sewer and water out here. This down here would be Vienna Woods and they're proposing clear up here that they would propose to sewer and water - City of Meridian. We have a lot of questions about it. Also it's kind of misleading what they show. They're showing less than a 1 Q-acre development with 17 acres of open space, but the open space is all in Boise. They are having .23 acre of open space that would be along Chinden. The entire rest of it would be developed as single-family homes~ The next one is for a place on Franklin Road. They're proposing a rezone to M-1. I haven't researched exactly what an M-1 will allow. This is designated as industrial - light industrial in our Comprehensive Plan, but they are proposing an office use. I don't think that's an appropriate zone for an office use. Also, with our change of adult establishments to be limited only to light industrial areas - De Weerd: That's supposed to be a church. Stiles: This? No. That was next door - a couple doors down. That was another weird one. Bird: That was the Bronco Club, wasn't it? Stiles: So I kind of hate to see it go to M1 and then they establish that they've got a light-industrial zone and can be annexed in an attempt to get approval for a bar there or something, but - or a topless dancing - whatever. Whichever you'd Meridian City Council Meeting { September 19, 2000 Page 109 like, to put it the 26th or October 3rd will be okay either way time-wise. I just don't want to rush through it. ( De Weerd: Okay. Well, do we need a motion to put these on - Let's do them on the 26th. Stiles: So we'd start the meeting at 6:00? Bird: We're starting at 6:30, aren't we, Mayor? Corrie: 6:30, yes. Do you want to try for 5:30 so that we get out of here before 2:00 a.m~? Bird: We're just going to have her and that deal and then some workshops. Corrie: Okay. 6:30 sounds good. Berg: What kind of deal are we going to have? Corrie: Okay. We'll add this to the 26th meeting and I think you've got the agenda on the 26th, don't you, or do you not? You tell him what you're going to have on the 26th as well. Bird: Okay. I'll let him know. Kuntz: Mayor. Excuse me. If we have something we need on the 26th, should we see Council member Bird? Corrie: Yes. Let's just have a regular meeting - McCandless: Are we going to have a meeting and a workshop? Bird: We've got to have a meeting. McCandless: For what? I'd like to know. Corrie: Keith, what's the meeting going to be on? It's 2:00. Bird: The 22nd, this Friday, we're going to get the presentation to my AC, and we have got to implement it the 26th before October 1 st. McCandless: Okay. We aren't going to do this anymore. This is ridiculous. Bird: It is, Cherie. Next Tuesday Bill's got some plans for us so we don't have to stay here, right, Bill? Meridian City Council Meeting ( September 19,2000 Page 110 Corrie: Okay. I'll entertain a motion to adjourn at 2:05 a.m. All in favor of the motion, say aye. MOTION CARRIED: ALL AYES~ MEETING ADJOURNED AT 2:05 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: BEFORE THE MERIDIAN CITY COUNCIL IN THE MATfER OF THE APPLICATION OF ) ADA COUNTY HIGHWAY DISTRICT, FORA) CONDITIONAL USE PERMIT FOR A ) PROPOSED PARI(-N-RIDE LOT FOR 100 ) VEHICLES IN A C-G ZONE LOCATED IN THE) SOUTHWEST CORNER OF MERIDIAN ROAD ) AND NORTHEAST CORNER OF OVERLAND ) ROAD, MERIDIAN, IDAHO ) ) Revised 07 -19-00 CASE NO. CUP-OO-032 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 18TH day of July, 2000, under the provisions of Meridian City Code S 11-1 7 -4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: I. That the Applicant of the property is granted a conditional use permit for a 100 vehicle parl~ and ride lot, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a 100 vehicle parI, and ride lot, as described in the "PLAN, DESIGNED: JOHN W. SHARP, CADD FILE NAME: 6545VM01.DGN, DRAWING DATE: 4/00, FEDERAL AID PROJECT NO.: CM-0100(148), REGION 10, IDAHO, COUNTY: ADA, I<EY NUMBER: 6545, SHEET 1 OF 1, SHARP & SMITH, INC., Architects, IDAHO TRANSPORTATION DEPARTMENT, Developer, for the development of the aforementioned development for a development consisting of a I 00 vehicle parle and ride lot and which property is described in the attached Exhibit "A", and incorporated as if set forth in full hereat. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5 BY ADA COUNTY IllGHW A Y DISTRICT / CUP-OO-032 2. That the above named applicant is granted a conditional use permit for a 100 vehicle parle and ride lot, located at the southwest comer of Meridian Road, the northeast corner of Overland Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans~ 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 W orl(s Department. 2.2 Off-street parldng shall be in accordance with the design standards set forth in Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site~ 2.3 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D~ and 11-13-4.E.-G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.5 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I(~ 2.6 Provide street lights in accordance with City Ordinance Section 12- 5-2.M. The lights on the property will only shine 180o~ ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5 BY ADA COUNTY HIGHWAY DISTRICT / CUP-OO-032 2.7 As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2~8 No new municipal sewer or water service is being requested by ACHD to serve the site (no restroom). The only public amenities proposed are a pay phone, transit shelters and security bicycle lockers, none of which require City services. 2.9 City Ordinance 11-2-2 defines "Subdivision" as the "result of an act of dividing an original lot, tract or parcel of land into two (2) or more parts. The term "subdivision" shall also include the dedication of a public street.. ." The dedication of new road right-of-way on this parcel, therefore, will require a preliminary and final plat in order to create the two separate legal parcels noted on the Site Plan. The Park & Ride Lot shall proceed with the condition that a Preliminary Plat application be submitted prior to any development on the proposed 3.25-acre parcel east of the subject lot. So, under this scenario, the CUP could be approved and the Park & Ride Lot constructed with this condition attached for the 3.25-acre parcel. 2.10 The proposed roadway also exceeds the Meridian City Ordinance Section 12-4-2-B., which states that no street which ends in a cul-de- sac or a dead-end shall be longer than four hundred fifty feet (450'). A variance from this section shall be required for the City to approve public road dedication and a plat. 2.11 It shall be required that the new 480-foot access road, serving as a commercially zoned parcel, off Overland shall be constructed as a commercial street section. The Parle and Ride lot, pedestrian and bicycle access into the site froIll Overland Road shall be required to have sidewalle constructed on the east and north sides of the new access road~ 2.12 No trash enclosures or containers are shown on the Site Plan. The Applicant shall detail if and/or where they intend to provide trash receptacles, size, exact location, etc. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5 BY ADA COUNTY HIGHWAY DISTRICT / CUP-OO-032 2.13 Ordinance 12-4-7 requires a minimum of 20-foot wide planting strip be constructed next to incompatible features. This use is incompatible with the single family residence adjacent to the south (Cope property)~ Therefore, the landscape strip shown along the south boundary shall be increased from 15 feet (as shown) to 20 feet wide. The Applicant shall construct either a 3-4 foot high screening wall in front of the 16 parking spaces that head-in to the south property line OR provide a dense landscape screen that will provide an effective buffer within three (3) years from date of lot completion. In order to accommodate the five-foot-wide increased buffer on the south side, reducing the 40-foot wide buffer along 1-84 to 35 feet would suffice. As 1-84 and SH69 are both designated as entryway corridors, a 35-foot minimum landscape buffer adjacent to the roadways shall be a condition of approval. 2.14 Applicant shall provide a detailed landscape plan for review and approval with submittal for a Certificate of Zoning Compliance~ Said Certificate of Zoning Compliance shall be required prior to breaking ground in accordance with City Ordinance Section 11-19-1. 2.15 The Site Plan shows four (4) trees within the Ten Mile Drain easement. A License Agreement with Nampa-Meridian Irrigation District granting approval for the trees within their easement shall be submitted prior to the City granting final approval for the site. If such an Agreement cannot be obtained, the trees cannot be omitted and must be relocated to another location within the site. 2.16 The Site Plan does not show any trees within the interior lot planting islands. A minimum of I four (4) shade trees shall be added to these plallters in order to provide improved aesthetics and cooling to the lot interior. 2.17 No van-accessible parl<ing stall (8-foot access aisle) is shown on the Site Plan. At least one of the aisles shall be widened to 8 feet to provide better van accessibility. 2.18 No signage details were submitted with the application other than standard ADA handicap parking signs. Standard highway district ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5 BY ADA COUNTY HIGHWAY DISTRICT / CUP-OO-032 signage is anticipated, but this shall be clarified by the Applicant. The City P&Z Department would request ACHD's cooperation to be able to review any signs proposed to identify the site beyond the normal street directional signage. 2 ~ 19 The Destination 2015 Plan lists the 1-84/Meridian Road Interchange improvement under the future project list. It calls for a cloverleaf design to facilitate 1-84 westbound traffic onto SH69 southbound. The future design of the interchange could possibly significantly impact the subject parcel. The Applicant shall address this issue with ITD and clarify to the City how the future interchange design may impact the Park & Ride Lot. Comments shall be included to City Council regarding traffic and the widening of the roads around Franklin and Meridian Roads, in addition to discussion made on the record~ 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17 -8, a copy of which is attached to this permit. .-(1 By action of the City Council at its regular meeting held on the / f) - day of cf&jJ~~ ,2000, D. Corrie, Mayor City of Meridian By: . Dated: City ClerIc rnsg/z:\ W ork\M\Meridian 15360M\Park and Ride\CUPOrder32 tJ~- 3--{)O { ( A . parcel or land being a portion of Government Lot If of the Sly 1/4 of Sec- tion 18, T.3N.~ R.lE~, B.M., Ada County, Idaho and more particularly described as folloW's: Beginning at a brass cap marking the Southwest corner of the said Govern- ment Lot 4 of the SW 1/4 of Section 18; thence North 89043'32" East 701.34 feet along the Southerly boundary of the. said Government Lot 4 of the SW 1/4 of Section 18s which is also the centerline of Overland Road, to a point; thence North 0045'10" East 25.00 reet to an lron pin on the Northerly right- of-way line of the said Overland Road, also said point being the REAL POINT OF BEGINNING; thence continuing North 0045'10" East 949,J.J. feet: to a hightva)r right-of-way monument marking a point of beginning of curve on the proposed Southerly right- of-way line or. Ramp B-C of Interstate Highway 80 North, Federal Aid Project No, 1-80N-l(74)44; thence along the said proposed Southeastery right-of-way line of Ramp B-C or Interstate Highway 80 North along a curve to the lefr. 320.58 feet, said curve having a central angle of 9057'22"~ a radius of 1,844.86 feet, tangents of 160.69 feet and a long chord of 320.17 feet bearing SOllth 66<>00 r If5" West to "an :f.ron pin marking a point of tangent; thence South 61002'04ff West 388.26 reet a.long the said proposed Southeasterly right-of-way line of Ramp B-<:: of Interstate Highway 80 North to an iron pin on the Easterly right-of-way line of State Highway No, 69, as shown on Federal Aid Project No. I-80N-l(12) 37; thence South 1002 '04" West 183.85 feet along the said Easterly right-of-~.;ay line of State Highway No. 69 to an iron pin; thence South 6051 '05'~ .West 52.00 feet a.long the sa:i.d Easterly right-of-i.;ay line or State High~~y No. 69 to an iron pin~ thence North 89028'42" East 574.55 feet to an iron pin; thence South 0045'10" West 400.94 feet to an iron pin. on the said Northerly right-of-r.way line of Overland Road; thence North 89043'32" East 60.01 feet along the said Northerly right-or- r.lay line of Overland Road to the point of beginning, comprising 6.363 acres~ more or less. SUBJECT TO: A 50.00 foot easement lying 50.00 feet Northeasterly of and adjacent with the centerline of Te~e Creek. E~'{hibit I(- -WI~~J I n~~- ~,~ ( Ada Count --^Ii hwa ( 2Ji6trict Judy Peavey-Derrl President Dave Bivensl Vice President Marlyss Meyerl Secretary Sherry R. Huberl Commissioner Susan S. Eastlakel Commissioner 318 East 37th Street Garden CitYI Idaho 83714-6499 Phone (208)387-6100 Fax (208) 387-6391 E-mail: tellus@achd.ada.id.us August 30, 2000 Mayor Robert Corrie and Meridian City Council Members 33 E. Idaho St. Meridian 10 83642 RECEIVED AU6 3 0 2000 CITY OF MERIDIAN Re: cUP 00-032 - Meridian - 1-84-0verland Park & Ride Development Proposal The formal finding of facts on the above referenced project was to be discussed on Tuesday, September 5, 2000 agenda at the City Council meeting. The Ada County Highway District Commission has been considering all information on the site proposal and has deferred a decision on the site until after their September 6,2000 meeting. Please consider this a request to postpone any discussion on the project until your September 19, 2000 meeting. This will allow my office to obtain direction from the District Commissioners and be better able to inform the Council of their decision. If you have further questions, please contact me at my office, 387-6162. Sincerely, a~t~ Pat Nelson Ridesharing Coordinator c: J Schweitzer T eny Little Steve Spickelmier John Sharp X:\Word - letterhead & Memo\ACHD letter - with filename,doc AUG 30 '00 15:16 PAtiF.C1? - - -.- Ada(~ounty Highway Di~Lrict 318 E. 37th Street Boise, ID 83714 (208) 387-6100 (208) 387-6391 FAX WILL BERG Pleage Deliver tOl Fax #1 Company: 888-4218 CITY OF MERIDIAN FromJ Pat Nelson Fax #: (208) 387-6391 Phone: (208) 387-6100 Pages: 2 Message: AUG 30 '0121 15:16 ~I~~J 1 n~~. k/~ PAGE. 01 ** TX CONFIRMA~( REPORT ** AS OF AUG 30 '00( ~9 PAGE. 01 CITY OF MERIDIAN 23 24 25 DATE TIME TO/FROM 08/30 15:37 PUBLIC WORKS 08/30 15:38 LEGRL DEPARTMENT 08/30 15:39 208 888 6854 MODE UF--S EC--S EC--S MIN/SEC PGS 00'13" 001 00'25" 001 00'22" 001 CMD~ STATUS 152 OK 152 OK 152 OK :J)ijtrict Judy Peavey-Derrl President Dave Bivensl Vice President Martyss Meyer. Secretary Sherry R. Huberl Commissioner Susan S. Eastlakej Commissioner 318 East 37th Street Garden CitYI Idaho 83714..6499 Phone (208) 387-61QO Fax (208) 387..6391 E-mail: tellus@achd.ada.id.us August 30,2000 Mayor Robert Corrie and Meridian City Council Members 33 E. Idaho St. Meridian ID 83642 :RECEIVED AUG 3 0 2000 CITY OF MERIDIAN Re: cUP 00..032 - Meridian -1-84-Overland Park & Ride Development Proposal The formal finding of facts on the above referenced project was to be discussed on Tuesday, September 5.2000 agenda at the City Council meeting. The Ada County Highway District Commission has been considering an information on the site proposal and has deferred a decision on the site until after their September 6. 2000 meeting. Please consider this a request to postpone any discussion on the project untiJ your September 19, 2000 meeting. Th;s will allow my office to obtain direction from the District Commissioners and be better able to inform the Council of their decision. If you have further questions, please contact me at my office, 387-6162. Sincerely. (?d ~~ Pat Nelson Ridesharing Coordinator c: J Schweitzer T eny Little Steve Spickelmier John Sharp X;\Word - Letterhead &; t-..1emo\ACl-lO letter. with fil~me ,00C! AUG 30 '00 15:16 PAGE. 02 1~;4~ HUG ~l, ~~~~ I~L NU: l~~~) ~~-(-b~~l . .~. Ada(~ounty Highway Di'.a:rict 318 E. 37th Street Boise, ID 83714 (208) 387-6100 (208) 387.6391 FAX Please Deliver tOI CITY CLERK WILL BERG Fax #r. Company: 888-4218 CITY OF MERIDIAN From! Pat Nelson Fax #: (208) 387-6391 Phone: (208) 387-6100 Pages: 2 Message: ATTENTION CITY CLERK AGENDA ITmM CHANGE REQUEST REQUEST TO DEFERR ACTION ON AGENDA ITEM FOR TONIGHTl PLEASE MAKE SURE CITY CLERK (OR REPLACEMENT FOR TONIGHT) GETS THIS REQUEST BEFORE THE MEETING TONIGHT! THANK YOU. PAT NELSON 387-6162 OR CELL 841-1513 AUG 01 '00 14:00 *b1r4 ~HGE: 1/2 PQ~~ c:t1 1~;4~ HU~ ~l, ~~~~ I~L NU; l~~~) ~~(-b~~l :Wbl(4 I-'Ht.:.t.: c::./c::. .. ,~ Ada Count Jh hwa 2Ji6trict Judy Peavey-Derrl President Dave Bivens, Vice President Marlyss Meyerl Secretary Sherry R. Huberl Commissioner Susan S. Eastlake, Commissioner 318 East 37th Street Garden CitYI Idaho 83714-6499 Phone (208)387-6100 Fax (208) 387..6391 E..mail: tellus@achd.ada.id.us August 1, 2000 Will Berg, City Clerk City of Meridian 33 E Idaho St. Meridian 10 83642 Re: Deferral Request for Meridian/Overland Park & Ride Lot Findings of Fact The formal findings of fact for the development application for a Park & Ride Lot at Meridian Road and Overland is scheduled to be considered on tonighfs agenda by the Meridian City Council. The recent decision by the Council to reverse an earlier decision regarding the requirement for sidewalks on the proposed development was unexpected and will require further investigation by ACHD before making a decision to move forward on the project. In addition, the District is still in negotiations for acquisition of the property and it would be premature to bring this application forward without knowing the full cost of the project. Therefore, the Ada County Highway District respectfully requests that a deferral of this agenda item be granted for a period of 30 days, or September 5, 2000 to allow the District to explore the alternatives and total cost of the project. If you have any questions regarding the request, please contact me at 387-6162. Thank you for your consideration of this request. Sincerely, (1)~ Vd Pat Nelson Ridesharing Coordinator C: J Schweitzer, Director Terry little S. Spickelmier X:\Word.. letterhead & Memo\ACHD letter - with filename.doc AIJ~ 01 'VJV1 14: ViOl oar:::c lA'J BEFORE THE MERIDIAN CITY COUNCIL IN THE MATIER OF THE ) REQUEST FOR CONDITIONAL ) l.TSE PERMIT FOR A ) PROPOSED PARIC-AND-RIDE ) LOT FOR 100 VEHICLES IN A ) C-G ZONE LOCATED IN THE ) SOUTHWEST CORNER OF ) MERIDIAN ROAD AND ) NORTHEAST CORNER OF ) OVERLAND ROAD, MERIDIAN, ) IDAHO ) ) ADA COUNTY HIGHWAY ) DISTRICT, ) ) APPLICANT. ) ) Revised 07 -19-00 Case No. CUP-OO-032 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT : The above entitled conditional use permit application having come before the City Council on July 5,2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Stree~, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant were: John Sharp, Design Engineer for Ada County Highway District, and Pat Nelson, and no one appeared in opposition, and the City Council having dilly considered the evidence and the record in this matter ~nd the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard al1d tal<en oral FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 1 OF 13 and written testimony, and having duly considered the matter, the City Council hereby makes the follovving Findings of Fact, Conclusions of Law and Decision and Order to-vvit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 5, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers 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 vvith the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 5, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services vvithin the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance vvith all notice and hearing requirements set forth in Idaho Code 967 -6509, 6512, and Meridian City Code 9S 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed vvith the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 2 OF 13 ( ( 3. This proposed development request is in a C-G zone, by reason of the provisions of the Meridian City Code 9 11-17 -4, a public hearing was required before the City Council on this application. 4. The property is located at the northeast corner of State Highway 69 and Meridian Road, Meridian, Idaho. 5. The owner of record of the subject property is J .L. Boyd Company of Boise. 6. Applicant is Ada County Highway District. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 21(. 8. The proposed application requests a conditional use permit for a 100 vehicle park and ride lot. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditiol1al use pennit 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 detennined by City Ordinance. 11. The Meridian City COUI1Cil takes notice and recognizes the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANn ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 3 OF 13 Zoning Commission's recognition of the concerns of the following, Sidney Harmon, homeo\VIlers representative for the Country Terrace Subdivision, Larry Chetwood, President of Meridian Ford, the manager of the JBs restaurant, Mark Freeman, attorney for Colleen Cope, a homeo\VIler. 12. The Meridian City Council tal<es judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13~ Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: 14. 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: 14.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial" ~ 15. The uses proposed within the subject application subject to the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 4 OF 13 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. 16. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. 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~ 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equiplnent and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. 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. S6 7 -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 FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 5 OF 13 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 pennit to detennine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-1 7-3) a. Will, in fact, constitute a conditional use as detennined 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, FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 6 OF 13 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, smoke, 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 pennit in a General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use pennit ~ll in accordance with the provisions of Meridian City Code 9 11-17 -5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided,. however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council witl:1 supportive reasons~ The Commission shall recommend that the application FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 7 OF 13 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 S 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. C:ontrol the sequence and timing of development; C. Control the duration of development; D~ Assure that the development is maintained properly; E. Designate the exact location and nature of the development; F~ Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the 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: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 8 OF 13 ! ( 1 ~ That the above named applicant is granted a conditional use pennit for a 100 vehicle park and ride lot, 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 shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. 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 W orles Department. 1.2 Off-street parking shall be in accordance with the design standards set forth in Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on- site. 1.3 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and Il-13-4~E.-G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.4 All signage shall be in accordance with the standards set forth in Section 11- 14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 1.5 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.1(. 1.6 Provide street lights in accordance with City Ordinance Section 12-5-2.M. The lights on the property will only shine 1800. 1.7 As part of a conditional use pennit, the City of Meridian may impose additional restrictions/conditions. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 9 OF 13 ( ( 1.8 No new municipal sewer or water service is being requested by ACHD to serve the site (no restroom). The only public amenities proposed are a pay phone, transit shelters and security bicycle loclcers, none of which require City services. 1.9 City Ordinance 11-2-2 defil1.es "Subdivision" as the "result of an act of dividing an original lot, tract or parcel of land into two (2) or more parts. The term "subdivision" shall also include the dedication of a public street.. ." The dedication of new road right-of-way on this parcel, therefore, will require a preliminary and final plat in order to create the two separate legal parcels noted on the Site Plan. The Park & Ride Lot shall proceed with the condition that a Preliminary Plat application be submitted prior to any development on the proposed 3.25-acre parcel east of the subject lot. So, under this scenario, the CUP could be approved and the ParI, & Ride Lot constructed with this condition attached for the 3.25-acre parcel. 1.10 The proposed roadway also exceeds the Meridian City Ordinance Section 12-4-2-B., which states that no street which ends in a cul-de-sac or a dead- end shall be longer than four hundred fifty feet (450'). A variance from this section shall be required for the City to approve public road dedication and a plat. 1.11 It shall be required that the new 480-foot access road, serving as a commercially zoned parcel, off Overland shall be constructed as a commercial street section. The ParI, and Ride lot, pedestrian and bicycle access into the site from Overland Road shall be required to have sidewalk constructed on the east and north sides of the new access road. 1 ~ 12 No trash enclosures or containers are shown on the Site Plan. The Applicant shall detail if and/or where they intend to provide trash receptacles, size, exact location, etc. 1.13 Ordinance 12-4-7 requires a minimum of 20-foot wide planting strip be constructed next to incompatible features. This use is incompatible with the single family residence adjacent to the south (Cope property). Therefore, the landscape strip shown along the south boundary shall be increased from 15 feet (as shown) to 20 feet wide. The Applicant shall construct either a 3-4 foot high screening wall in front of the 16 parking spaces that head-in to the south property line OR provide a dense landscape screen that will provide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 10 OF 13 an effective buffer within three (3) years from date of lot completion. In order to accommodate the five-foot-wide increased buffer on the south side, reducing the 40-foot wide buffer along 1-84 to 35 feet would suffice. As 1-84 and SH69 are both designated as entryway corridors, a 35-foot minimwn landscape buffer adjacent to the roadways shall be a condition of approval. 1.14 Applicant shall provide a detailed landscape plan for review and approval with submittal for a Certificate of Zoning Compliance. Said Certificate of Zoning Compliance shall be required prior to breal<ing ground in accordance with City Ordinance Section 11-19-1. 1.15 The Site Plan shows four (4) trees within the Ten Mile Drain easement. A License Agreement with Nampa-Meridian Irrigation District granting approval for the trees within their easement shall be submitted prior to the City granting final approval for the site. If such an Agreement cannot be obtained, the trees cannot be omitted and must be relocated to another location within the site. 1.16 The Site Plan does not show any trees within the interior lot planting islands. A minimum of I four (4) shade trees shall be added to these planters in order to provide improved aesthetics and cooling to the lot interior. 1.17 No van-accessible parking stall (8-foot access aisle) is shown on the Site Plan. At least one of the aisles shall be widened to 8 feet to provide better van accessibility~ 1.18 No signage details were submitted with the application other than standard ADA handicap parl<ing signs. Standard highway district signage is anticipated, but this shall be clarified by the Applicant. The City P&Z Department would request ACHD's cooperation to be able to review any signs proposed to identify the site beyond the normal street directional signage. 1.19 The Destination 20 15 Plan lists the 1-84/Meridian Road Interchange improvement under the future project list. It calls for a cloverleaf design to facilitate 1-84 westbound traffic onto SH69 southbound. The future design of the interchange could possibly significantly impact the subject parcel. The Applicant shall address this issue with ITD and clarify to the City how the future interchange design may impact the Parle & Ride Lot. Comments shall be included to City Council regarding traffic and the widening of the roads FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 11 OF 13 ( around Franklin and Meridian Roads, in addition to discussion made on the record. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-1 7-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a cortdition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. 1/2-rh By action of the City Council at its regular meeting held on the . -, - day of seple/J'v/;;ev, 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 12 OF 13 ROLL CALL: COUNCILMAN RON ANDERSON VOTED$ VOTED~ VOTED~ VOTED~ COUNCILPERSON lCEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS ---- MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: <1-19-tJO MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W orlcs Department and the City. Attorney. By. City Clerk Dated: /tf}- :J-tJ() ~, ..... . , msg/Z:\Work\M\Meridian 15360N1\Park and Ride\CUPFindings032 FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY: ACHD IN C-G ZONE / CUP-OO-032 PAGE 13 OF 13 (' August 31,2000 P P 00-009 September 5, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT Gem Star Properties, LLC ITEM NO~ G REQUEST Findings - Request for Preliminary plat approval of 78~4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision - SW corner of Black Cat and Ustick Roads 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: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: t' \()dtf- S/tu.- ~d See attached Findings " I q/OO Date: 'f/ {lt1l' Phone: t.{sY-O~lR Materials presented at pubDc meetings shall become property of the City of Meridian. (- ( September 15, 2000 P P 00-009 September 19, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT Gem Star Properties ITEM NO~ G REQUEST Tabled from September 5, 2000 - Findings - Annexation and zoning of 101 .4 acresfrom RT to R-4 for proposed Autumn Faire Subdvision - SWC of Black Cat and Ustick Roads 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: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See Previous Item Packet prJJ ()1~ -r('{OVl . k J It tipr' flFq(Y INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ;0\ ~tfv' \/1;~oo - ~ i.'QvY ~ vV'. .nVt . '?/ fJ!y ~ ~ () j 'IV ~~ -tfL.~ { tl O~ f&rjff VV ~... L, . V"~.~ ,. .. OoJtt-. /IVP ri Jjt>l V f~ 11 'ifilJ V- LIt? Contacted: SLot/- ~c{, Date: q { [8 Phone: 464---02Gb Materials presented at pubnc meetings shall become property of the City of MeridJan~ ( C1'I1j CUuJ'\L-t'1 N ~ q '$'-OV , lkrvt No. r interoffice MEMORANDUM Subject: William G. Berg, Jr. : DICTAT!=il hD'~ v ~ nr! R,. fl-'!:\,T ~" N!' . ' .....'... I f'-~ r I .' ~ I ~ L; r'. + ~ u Wm~ F. NIchols ~Ep,jT \MITHr-' IT S U~ \':~ :,"" ; t)~: ! N v { <.4 ,'~ ~ J U . , '..., : .. h l U I ~ L ,I l~fS ABSE"r'Cr: TO p\/o!n P!-LAY A F. S bd' i ~ L \ ',. t U ,J '- utumn aIre U IVISIon RECEIVED SEP - 1 2000 CITY OF MERIDIAN To: From: File: PP-OO-009 Date: September 1, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their August 15,2000 meeting. The Findings will be on the Council's agenda for September 5,2000 meeting. We have sent copies of the proposed Findings to the Applicant's attorney, and the attorney for the owner. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian I 5360M\Autumn Faire Sub AZ and PP\Berg080220PP.Mem ( R~.,C~IYED BEFORE THE CITY COUNCIL OF THE CITY OF MJ SEP 1.92000 CITY OF MERIDIAN CITY ~LERK OFFlrr:: IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR AUTUMN FAIRE SUBDIVISION, LOCATED AT THE SW CORNER OF BLACI( CAT AND USTICI( ROADS. BY: GEMSTAR PROPERTIES, L.L.C., APPLICANT Revised C/C 08-15-00 ) ) ) ) ) ) ) ) ) ) ) Case No. PP-OO-009 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 June 6,2000, and continued until June 20,2000, July 5, 2000, and tabled at the July 18,2000 meeting and then re-noticed for public hearing on August 15,2000, at the hour of 7:30 p~m., and at the June 6, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the partner of the owner, Dean Langley, appeared and testified, and appearing and testifying on behalf of the Applicant were: Scott Stanfield and Dave Mortenson, and appearing and testifying with comments/concerns or in opposition was: Linda Williams, and at the August 15,2000 meeting, Shari Stiles, Planning and Zoning Administrator, and Tom FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO-009) - 1 ( ICuntz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant were: Scott Stanfield of Earl &Associates, and Susan Wildwood, and appearing and testifying with comments or concerns were: Linda Dettero, Monty Janicek, and Dean Langley, and the City Council having received a report from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark, Planner, 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 "Preliminary Plat Drawing, Drawn By: wcw, 1-26-00, Revision Dates 1.) 5-30-00,2.) 6-12-00,3.) 6-23-00, and 4~) 7-31-00, SHEET NO: 1 of 1, Job No. OC0999, DWG No. OC099901PP2, Client: Gemstar Properties, L.L.C., Drawing Title: Autumn Faire Subdivision Preliminary Plat, Earl &Associates, Inc.~ - Surveyors, Engineers & Planners," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 12-3-3. Therefore the City Council mal(es the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAlRE SUBDIVISION / (PP..OO-009) - 2 ( Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 C.] 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO..009) .. 3 of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Plat Drawing, Drawn By: WCW, 1-26-00, Revision Dates I.) 5-30-00,2.) 6-12-00,3.) 6-23-00, and 4.) 7-31-00, SHEET NO.1 of 1, Job No. OC0999, DWG No. OC099901PP2, Client: Gemstar Properties, L~L.C., Drawing Title: Autumn Faire Subdivision Preliminary Plat, Earl & Associates, Inc~. - Surveyors, Engineers & Planners." 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 Drawing, Drawn By: wcw, 1-26-00, Revision Dates I.) 5-30-00,2.) 6-12-00,3.) 6-23- 00, and 4.) 7-31-00, SHEET NO. I of 1, Job No. OC0999, DWG No. OC099901PP2, Client: Gemstar Properties, L.L.C., Drawing Title: Autumn Faire Subdivision Preliminary Plat, Earl &Associates, Inc.. - Surveyors, Engineers & Planners," is hereby conditionally approved; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO-009) - 4 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning and Engineering Department Recommendations as follows: 2.1 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform~ 2.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.3 Sanitary sewer service to this site shall be via extensions from existing mains adjacent to the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department~ Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline~ 2.4 Water service to this site shall be via extensions from existing mains adjacent to the proposed development~ Applicant shall be responsible.to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orles Department~ 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 their computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.5 Two-hundred-fifty- and lOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Warks Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants~ 2~6 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hoole-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO..009) .. 5 ( 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. 7 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the N ampa & 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 Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the. common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.8 A note shall be added to the plat stating that this subdivision is subject to the terms of the Right to Farm Act pertaining to adjacent agricultural parcels. 2.9 As shown on the plat, the Usticlc and Blaclc Cat landscape buffers shall be a minimum of 22-feet in width beyond the required ACHD right-of- way and constructed by the developer as a condition of the plat. Staff encourages a slight berm and similar treatment as provided in the Ashford Greens development. The landscape buffer shall be placed in common separate lots (as shown). Fencing is not to encroach upon these buffers. 2.10 Detailed landscape plans for the Black Cat and Ustick landscape buffers and the internal cornman lots (Lot 10, Block 12, Lot 11, Block 15 and Lot 11, Block 13) shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety shall be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAlRE SUBDIVISION / (PP..OO-009) .. 6 ( for the improvements prior to City signature on the Final Plat. 2.11 Six-foot-high, solid, perimeter fencing shall be required along the full western boundary of the subdivision and along the north side of Blocl( 15 (Crossridge St). 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 permits. A letter of credit or cash shall be required for these fences prior to signature on the final plat. 2 ~ 12 There are three lots designated on the plat as storm retention areas. Lots shall be designed to provide usable open space for the subdivision residents~ The storm retention area shall be designed as such that accumulated water is disposed of within a 24-hour period. 2.13 A vehicular connection shall be provided to the I-acre parcel abutting the north side of Block 1 ~ Stella Court shall be extended across ClealWater Way and stubbed to the 2.7 acre parcel south of the site. 2.14 Sweetwood Avenue exceeds the City's maximum block length of 1,000 feet~ Applicant has revised the street/block lengths in the preliminary . plat. McNealy Street to the east shall be extended across Eveningside Avenue and across Block 10 to improve the interconnectivity of these blocks and to reduce the bloclc length. 2.15 The applicant shall provide stub streets as per the request of the Ada County Highway District. Adopt the Recommendations of the Ada County Highway District as follows: 2.16 Dedicate 48-feet of right-of-way from the centerline of Black Cat 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO-009) - 7 with Section 15 of ACHD Ordinance #193. 2.17 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~ Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2.18 Construct 5-foot wide concrete sidewalk on Black Cat Road abutting the parcel. The sidewallc shall be located two feet within the new right-of~ way of Black Cat Road. Coordinate the location and elevation with District staff. 2.19 Construct 5-foot wide concrete sidewallc on Ustick Road abutting the parcel. The sidewalk shall be located two feet within the new right-of- way of Ustick Road~ Coordinate the location and elevation with District staff. 2.20 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and S-foot wide concrete sidewalks within 50- feet of right-of-way. 2.21 Stub Sagewood Street to the west property line approximately 600-feet south of the north property line as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 2.22 Do not Stub Autumn Faire to the west properly line. 2.23 Stub Dayside Avenue to the south property line as proposed. Install a sign at the terminus of the roadway stating that 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO-009) - 8 street with District staff. 2~24 Provide a stub street off Clearvvater Way to the south property line located 340-feet west of the east property line, in alignment with Stella Court~ Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 2~25 Locate Autumn Faire off Black Cat Road to align with Moon Lake Drive. 2.26 Locate a public street off Black Cat Road approximately 850-feet north of the south property line~ 2.27 Locate Clearwater Way to align with Talamore Boulevard. 2.28 Locate a public street off Ustick road as proposed approximately 690- feet west of Black Cat Road~ 2~29 Construct turnarounds at the termini of Stella Court, Crossridge Street, Sagewood Circle and Julia Court. Provide a minimum of a 45-foot turning radius for the turnarounds. Submit a design of the turnarounds for review and approval by District staff. 2.30 Construct center turn lanes on Black Cat Road for the three public street intersections. The turn lanes shall be constructed to provide a minimum of laO-feet of storage with shadow tapers for the approach and departure directions. These turn lanes shall be constructed prior to the issuance of any impact fee certificate in the subdivision. Coordinate the design of the turn lane with District staff 2.31 Construct a center turn lane on Ustick Road for the proposed public street intersection. The turn lane shall be constructed to provide a minimum of laO-feet of storage with shadow tapers for both the approach and departure directions. These turn lanes shall be constructed prior to the issuance of any impact fee certificate in the subdivision. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO-009) - 9 ( 2.32 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2.33 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.34 Other than the access points specifically approved with this application, direct lot or parcel access to Usticlc Road and Black Cat Road are prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendation of the Fire Department as follows: 2.35 Common areas shall need to be kept clean of trash and weeds. 2.36 No parlcing of vehicles or trailers in cul-de-sac. 2.37 All roads shall be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Central District Health Department as follows: 2.38 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. 2~39 Run-off is not to create a mosquito breeding problem. 2.40 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.41 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 10 Adopt the Recommendation of the N ampa & Meridian Irrigation District as follows: 2.42 The District reserves the right to claim what they deem necessary to operate and maintain the District's Eightmile Lateral that courses along the North boundary and the Sky Pilot Drain which courses through the middle of the proposed project. Adopt the additional requirements from the City Council meeting of August 15, 1999 as follows: 2.43 Applicant shall be required to develop a minimum 30 foot pathway, shown on the preliminary plat adjacent to the south boundary of the lots in Phase Five, that shall be required to be rough graded at the developer's expense. In order to accommodate the 30 foot pathway the affected lots shall be shortened in depth by 1 0 feet. 2.44 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 2.45 Upon approval of the final plat of Phase Five, applicant vvill donate land for a public parl<, 6.8 acres or more in size. Applicant has identified a 6.8 acre site in what is part of the proposed Autumn Faire Subdivision No. 2~ The value of this land is $204,OOO.00~ 2.46 As a condition of approval of the final plat Phase One of Autumn Faire Subdivision, the applicant vvill post a letter of credit vvith the City in the amount of $204,000. This letter of credit vvill be in lieu of park impact fees for Phases One through Five of Autumn Faire~ 2.47 If; at approval of the final plat of Phase Five, applicant does not deed the 6.8 acre park to the City, and if the applicant fails to provide 6.8 acres or more of park space in Phases Three, Four or Five of Autumn Faire, or if more than three years elapse after adoption of these Findings and the park site has not been donated, then, the letter of credit shall be exercisable in favor of the City. If the 6.8 acre park site is donated as represented by the applicant vvithin three years of the date of adoption FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO-009) .. II ( of these Findings, the letter of credit shall become void. 2~48 Applicant, at its expense, will provide stubbed street, sewer and water to any proposed park site during construction of Phase Five of Autumn F aire . 2.49 Applicant agrees, at City's option, to provide rough and fine grading of the park site. City shall reimburse applicant for the unit cost (but not move in, move out, or mobilization costs) of the rough and fine grade work done on the parle site. \: _ By action of the City Council at its regular meeting held on the /q!idayof d-epfhrv6vv ,2000, ROLL CALL COUNCILMAN ANDERSON VOTED ~bL, COUNCILMAN BIRD VOTED -fj:t.-A..-- VOTED 4/Av VOTED$ot. COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS MAYOR ROBERT D. CORRIE (Tie Breaker) VOTED Copy served upon Applicant, the Planning and Zoning Department, Public W or1es Department and City Attorney. By: City ClerIc Dated: msglZ:\Work\M\JV1eridian 15360M\Autumn Faire Sub AZ and PP\FfClsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS LIMITED PARTNERSHIP / FOR AUTUMN FAIRE SUBDIVISION / (PP-OO-009) - 12 RECORD-GI] - f\EQUEST or ML .LJ'AN Cf /1;;, fEE~_DEPUTY~ . "_. ....-..,(( BEFO. mJI!lbl\tf1M~ CITY COYl1b~1ro A (" 0 5 c:::2btJ() N~ I ~ pm /, 2/ U U .J L 0 I I. 0 / (){){) 9~~lJr ( ~\ cqut1ry RECORn~D . 0" r tn. ... 1-,\ ~J. "" l~:< ~ :,-: fi? VAJ~H 0 :' '-' ~.:,,-, ; L: ~\ ~ ; :'] IN THE MATTER OF THE REQUEST ) FOR VACATION OF THE ALLEY ) INTERSECTING E. 1 ST STREET ) BETWEEN PINE AND IDAHO STREETS ) AT GENERATIONS PLAZA II, ) MERIDIAN, IDAHO ) ) ) ) ) ) ) GARY BENOIT, APPLICANT C/C 08-15-00 CASE NO. VAC-OO-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF THE ALLEY INTERSECTING E. 1ST STREET AND IDAHO STREETS This matter coming on regularly before the City Council at its regular meeting on the 15th day of August, 2000, at the hour of 7:30 p.m., Shari Stiles, Planning and Zoning Administrator, and Tom ICuntz, Parks and Recreation Director, appeared and testified at the hearing, and appearing and testifying was Bill Musser, and the Applicant, Gary Benoit, appeared and testified, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. Page 1 of 9 Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. S 50-. 1325}. 2. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. 9 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized. form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a weelc for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 Page 2 of 9 ( ( power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. S 50-1306A (1), (2), (3) and (5)} 1. Pursuant to Meridian City Code S S 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: A. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. B. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either approval, conditional approval, or denial. B. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 Page 3 of 9 ( ( are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Gary Benoit, filed a petition for the vacation of the alley intersecting E. 1 st Street between Pine and Idaho Streets at Generations Plaza II, as described in the legal description for Steven H. Laney - Alley Vacation, Project No.: 2222 Date: March 3, 2000, and described in number 2. hereinbelow, and the traffic flow shall be as provided for in Exhibit uA" attached hereto as if set forth in full hereat, and with the following conditions: 0.1 Applicant shall provide an easement to the City for maintenance of a sewer Inain line which exists in the alley. The easement agreement shall include provisions that, should the sewer line need to be repaired, all costs to replace improvements on applicant's property shall be borne by the applicant. Additionally, the City plans to replace the sewer line that runs under the vacated alley sometime in October. The developer shall pay for half of the replacement sewer line cost. 0.2 Prior to the issuance of any building permits on the subject lots, applicant shall submit relinquishment of easement letters from all applicable utility companies to the City of Meridian. 0.3 Developer shall be responsible for the improvements and Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 Page 4 of 9 ( maintenance to the entire alley. Attached as Exhibit "e" is a drawing of the alley improvement design with a construction cost of approximately $5,000. 0.4 Pertaining to the traffic flow, as depicted in Exhibit ((A" attached hereto, the developer shall be responsible for changes to the City's parldng lot including redirecting, parking space lines and islands. 0.5 Developer shall pay the City $5,200 for one half of that portion of the City's current parldng lot which will be dedicated as public alley access. 0.6 Developer shall obtain a written consent to the dumpster location from Sanitary Service Company. 2. The legal description of the alley vacation which is the subject of this petition is: A portion of the 16-foot public alley of Block 5 of the Amended Plat of the Townsite of Meridian, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 1 of Plats at page 30 lying in the SW 1/4 of Section 7, T.3N., R.IE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a point marl<ing the Northwest corner of Lot 1 of said Block 5 of the Amended Plat of the Townsite of Meridian; thence along the West boundary of said public alley North 00057'31" East 16.00 feet to a point marking the Northwest corner of said public alley; thence along the North boundary of said public alley South 88020t26" East 85.87 feet to a point; thence leaving said North boundary South 00057'31" West 16.00 feet to a point on the South boundary of said public alley; thence along said South boundary North 88020'26" West 85.87 feet to the POINT OF BEGINNING., Said parcel of land contains 1,37 4 square feet, more or less. Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 Page 5 of 9 / ('- \ 3. The particular circumstances of the requested vacation is: The vacation is associated with the Generations Parl< Plaza II conditional use permit. The alley is 16 feet wide and the portion to be vacated is approximately 85 feet in length (more or less the depth of the site, extending to the public parking lot to the east). One-half of the alley (eight feet) is going to the subject property, the other half is reverting bacl< to the City of Meridian to be included as part of the expanded Generations Plaza. 4. The names and Relinquishment of Easements shall be attached as Exhibit "B", of the affected by the petition to vacate and shall include: 4.1 The applicant/owner of the property Laneyland of Boise, Idaho, and who applied for the vacation application by Gary Benoit. 4.2 Intermountain Gas Company, AT&T Cable Services, US West Communications, City of Meridian, and Idaho Power, and such Relinquishments shall be added as Exhibit "B". 5. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weel<s in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 6. All affected utility holders have agreed to the requested vacation in writing. 7. All publication costs have been paid by the petitioner. Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 Page 6 of 9 ( DECISION AND ORDER OF VACATION OF THE ALLEY INTERSECTING E. 1 ST STREET BETWEEN PINE AND IDAHO STREETS AT GENERATIONS PLAZA II NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. That alley intersecting E. 1 st Street between Pine and Idaho Streets at Generations Plaza II as depicted in the legal description for Laneyland and described in Findings of Fact number 2. hereinabove, along with the traffic flow as provided for in the attached Exhibit "A", is hereby vacated. 2. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Worlcs, Planning and Zoning Departments, and the City Attorney's office. 3. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. 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 c who has an interest in real property which may be adversely affected by the issuance or denial of the vacation may within twenty-eight (28) days after the date of this Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 Page 7 of 9 ( decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / q.ll day of se~~ ,2000. ROLL CALL COUNCILMAN ANDERSON VOTED~ VOTED fjet:C- COUNCILMAN BIRD COUNCILPERSON deWEERD VOTED~ VOTED~ COUNCILPERSON Mc CANDLESS MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: - Cl-CO VOTED ,---- By:~A;A~~ City Clerk . s:7 ~cL 1 , '/lZa~ Copy served upo' kant, the Planning and Zoning'Department, Public Works . Department and City Attorney. .\\\\\\\'f\Ho1M"~~/. 1111) , ~.....,\...J 0 ~:(A 1),(' . " ::\. ~ fVtg ~ .;,; " $" 6 cP~Olt1 h ~ VJ/ ~; $ ~ ~A":" _ ~ v- DATED: r-lr-tJO g SEAL l :: ~ d' ~ ~ ~{' ,,~ P $ ~"A ofJi 1$\ ,.'::-- ~ ~ ! . ~ r' .........",. ~. - '\V' "....' /.11,0'" ,-U(Jf\J-r'(. \,\ \' 'II ' t \\ lt1tHnt nH\\\\ Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue and Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 Page 8 of 9 ( STATE OF IDAHO, : ss. County of Ada. On this {Vf+~ day of $er'f--e~ ,2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City . Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .'615.... .. ~ tJ t)o ..~ ~:..---9 .~ .+ ~,J'''' 0 TA h~~';'~ :.~~~ ~ - ~i\':Pt;~ :::a/ da. ~ d,. \N; acne ~ ~ ~ I;J>.~ . l " I: o \ I & e \ I C ~ \ Pr_ _ I &1 .~~~~~~!S~~,l .;~ OFro q.<4> ~IlJCI!&:l3e.~ msg/Z:\W ork\M\Meridian I 5360M\Generations Plaza V AR\FfCIOrdAlleyV ac (SEAL) q-dfo-Db Findings of Fact and Conclusions of Law and Order of Vacation of the alley intersecting East 1 st between Pine Avenue an.d Idaho Road on the east side at Generations Plaza II by: Gary Benoit / V AC-OO-005 Page 9 of 9 '1If'4L- V I nJ:;:.~ J ~l ( "", -, 18IttI -~ I i I I , I I I . I I I I I I t I , I . I : I I I -r--l I I , I I I ._L__-i J GENER~<DNS · PARK P : II : J I g I I I I r 1 I I . I i : i : : i ! : ; ~ ~ ~ i u ;;; i .. g l &i < . ~ B ~ &n ~ ~ ( f (- '~'-2 t ~ " 1.2S COl.UMN . D(5Pl.A. WAt..L. PLANTE' E><15TfNG CONTI eAVE A REC SEE J;Q '22' _In CONCRETE eTEP8 ( ~ GTAGE Q . ~ AREA I :12'-1" ~ ~# O! ('Ii ~~ 8 COLUt"'N ,.25 CAP-1YF. RELOCATED MONUME . r. N ~ ~ o 15PL AY 2l!J WALL ill:1 EJt,6,-!J,./"e " EAST 1ST STREET ~.d Tncc_oC'a(On~l I J n T .,. ~.:I _ J.., ~ '-I J C"...... I Qo t I I Qo T r\' T I .::to I_I ....J/f"'.-,T I""tl""t ........ ~~~/ ( BEFORE THE MERIDIAN CITY COUNCIL C/C 09-05-00 IN THE MATTER OF THE ) APPLICATION OF STEINER ) DEVELOPMENT, LLC, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 10.19 ACRES FOR WILIGNS ) RANCH VILLAGE ) SUBDIVISION, LOCATED ) SOUTH OF USTICI( ROAD ) AND EAST OF BLACI( CAT ) ROAD, MERIDIAN, IDAHO ) ) Case No. AZ-OO-016 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 until September 5,2000, at the hour of 7:30 p.in., at the August 15,2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applical1t was Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at the September 5,2000 meeting Shari Stiles, Planning and Zoning Administrator, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-00-016) appeared and testified, and appearing and testifying on behalf of the applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared and testified in opposition, and the City Council having duly considered the evidence and the record in this matter therefore malces the following 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 weelcs prior to said public hearing scheduled for August 15, 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 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, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-00-OI6) ( evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code s~ 67-6509 and 67-6511, and Meridian City Code Ss 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance 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 forth in full. 5. The property is approximately 1 0.1 9 acres in size and is located south of U stick Road and east of Black Cat Road. The property is designated as Will <ins Ranch. 6. The owner of record of the subject property is Louis J. Steiner, of Atwater, California. 7. Applicant is Steiner Development, LLC, of Atwater, California 95301. 8. The property is presently zoned by Ada County as R-T, and consists of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-016) ( \ a single-family ~esidence and agricultural uses. 9. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 10. The subject property is bordered to the north by Ada County land zoned R-T, and a school site and city limits of the City of Meridian are adjacent and abut to the east of the subject property. II. The property which is the subject of this application is within the Area of Impact of th~ City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 48-Lot Planned Single-Family Development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS ~CH VILLAGE PUD (AZ-OO-OI6) i- t jurisdiction, puplic facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendation of Planning and Zoning Staff as follows: 16.1 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. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works D~partment. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Five-foot-wide sidewall(s and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.1(. 16.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 16.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 16.6 The City has been experiencing problems with pedestrian wallcways FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-OI6) throughout the City. As a condition of annexation, the developer shall be required to construct the wallcway and three-foot-high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian wallcway lot. 16.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 16.8 Dedicate 48-feet of right-of-way from the centerline of Ustick 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 16.9 Construct a 5-foot-wide concrete sidewalk on Usticl( Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewall( with District staff. 16.10 Construct a center turn lane on Ustick Road for the Will<ins WaylUsticl( Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both th:e approach and departure directions. Coordinate the design of the turn lane with District staff. 16.11 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot-wide concrete sidewalks within 50 feet of right-of-way. 16.12 The proposed lmucldes located at the north and south end of Sagefire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNExATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS ~CH VILLAGE PUD (AZ-OO-OI6) ( Avenue are approved with the application. No traffic islands are required in the knucldes. 16.13 Any propos,ed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 16.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 16.16 Mter ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $11 0.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 16.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also lmown as Ada County Highway District Road Impact Fee Ordinance. 16.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-OI6) 16.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 16.21 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 16.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 16.23 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 16.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 17. It 'is found that if the developer pays for the requested improvelnents and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the e"conomic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-OI6) ( ( will be protected, which requirement shall be included in a development agreement, 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 talcen into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner w:h.ich is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smolce, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Reside11tial District (R-8) 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 Single Family Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-00-016) / r ( Plan of the City as follows: 20.1 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 with 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 ordinance of the City to all applications such as the subject application. 20.2 T11is 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 within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self-identity. 20.4 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 ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. fO.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 ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-00-016) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21,1993, Ord. No. 629, January 4,1994.' 4. T11e following are found to be pertinent provisions of the City of Meridian Comprehensive 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 mal<.e provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS Of FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-OI6) (- ( 4.2 To ensure that growth and development occur in 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 within the Urban Service Planning Area. 4.3 To encourage the ldnd 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 within 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 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 a11d 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 Inanaged and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI<1NS RANCH VILLAGE PUD (AZ-OO-OI6) 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.1 U, 2.2U, 2.3U, 6.3c Natural Resources and Hazardous Areas Chapter Policies 1.ID, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1. 6U, I.9U Open Spaces~ Par](s and Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1. 7, 1. 12, 1. 13 U, 1. 18 Community Design Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City,. is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA.TION AND ZONING/ BY STEINER PEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-016) I ( ( 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 comlnercial 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 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 limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 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 owner 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-00-016) ( owner, and each other person acqUIrIng an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the 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 10.19 acres to Medium Density Residential District (R-8) is granted subject to the terms and conclitions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1 0.1 9 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the condltions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER pEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-00-016) / t Adopt the Recommendation of Planning and Zoning Staff as follows: 3.1 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. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orles D;epartment. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.1(. 3.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3.6 The City has been experiencing problems with pedestrian wallcways throughout the City. As a condition of annexation, the developer shall be required to construct the wallcway and three-foot-high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian wallcway lot. FINDINGS O~ FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISIC>N AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-016) ( 3.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 3.8 D~dicate 48-feet of right-of-way from the centerline of Ustick 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breal<ing ground, in accordance with Section 15 of ACHD Ordinance # 193. 3.9 Construct a 5-foot-wide concrete sidewallc on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3.10 Construct a center turn lane on Usticlc Road for the Wilkins WaylUsticlc Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 3.11 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot-wide concrete sidewalks within 50 feet of right-of-way. 3.12 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the lmuckles. 3.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILICINS RANCH VILLAGE PUD (AZ-OO-016) 3.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 3.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning a~d Development Supervisor. The request shall specifically identify each requirelnent to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 3.16 Mer ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 3.1 7 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also lmown as Ada County Highway District Road Impact Fee Ordinance. 3.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plan. 3.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 3.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISIqN AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VlLLAGE PUD (AZ-00-OI6) ( 3.21 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 3.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 3.23 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 3.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal re/strictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or otper legal relief is granted pursuant to the law in effect at the time the change in use is sought. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2 D. 5. SlJbsequent 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 FINDINGS O~ FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-016) ( in Meridian City Code 9 11-21-1 in accordance with the provision~ of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please ta]<e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / q ~ day of de fJ k-r.~ 6-e-,- I , 2000. ROLL CALL ' COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN I<EITH BIRD VOTED~ COUNCILMAN TAMMY deWEERD VOTED~ COUNCILMAN CHERIE McCANDLESS VOTED~,fJ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-00-016) rT ( MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: 9-/9-&6 MOTION: APPROVED~DISAPPROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Public W orlcs Department and the City Attorney. BY:~--: ~fr~ Q. Ity Clerk" . t' - Dated: ?j--lf--tJtJ msg/Z:\ W ork\History\M\Meridian \ Wilkins Ranch AZO 16 CUP040 PP\AZFfClsOrder. wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-OO-OI6) ,t \,-\1 lttttll I); It ~~\:~ Of MEJ~'{$~II f ~i;< ~~ ~_,. l:~' ,.' ~ ~,-' ~ ~A~ ..:".. ,~. V' ,~~~); ,ry ~-:'"~, ~ ~ 'A ..~ f~' --Q S ~ ! SEJ.\L MERIDIAN CITY COUNCIL MEETING APPLICANT (~ECEIVED 1 OCT 1 1 2000 CITY OF MERIDIAN CITY CLERK OFFICE September 19, 2000 September l~, 2000 ITEM NO. u REQUEST Resolution for First Addendum for Franchise Agreement to perform solid waste collection services for 551 to provide for the addition of recycling program 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: See attached I~ryy~ ft':"tM- Meuzr - Ju~r ~ueA I/~ ~~n- MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: 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. ( FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM WHEREAS, the City of Meridian desires to add a recycling program to the present solid waste collection and disposal service agreement for Meridian City; and WHEREAS, the present landfill is being used to capacity with materials which could be recycled through a City wide recycling program; and WHEREAS, the City of Meridian recognizes that it is in need of a household hazardous waste collection program; and WHEREAS, the City of Meridian also recognizes that Sanitary Service, Inc. is ready, willing and able to implement a recycling program for the City, and to sponsor a monthly household hazardous waste collection. NOW, THEREFORE, the parties agree that: 1. On or before October 2, 2000, Sanitary Service, Inc. will furnish each residential customer in the City of Meridian with an 18 gallon recycling bin, and furnish educational materials explaining the program. 2. The following materials are the only recyclable materials that will be accepted: Plastics (Milk jugs, PET, Pop bottles) Mixed Paper (Junk mail, envelopes, cereal boxes) Cans (tin and aluminum) Magazines and catalogs (Glossy) Newspapers including inserts Corrugated cardboard (maximum 2 foot diameter and bundled) 3. Each residential customer will be charged an additional $2.10 per month, which charge is in addition to the regular monthly solid waste collection charges. . . . . 4. Sanitary Service, Inc. will conduct and publicize a monthly household hazardous waste collection event in the City of Meridian. This collection will begin when the recycling program begins. 5. Sanitary Service, Inc. will sell the collected recyclable materials and use the proceeds to pay the cost of the household hazardous waste collection program. Any remaining proceeds 'Will be paid to the City of Meridian for such uses as may be determined by the Mayor and Council. Payment of these proceeds vvill be paid quarterly and within sixty (60) days after the end of each quarter. 6. The originals .of this Addendum are to be appended to the originals of the "franchise Agreement To Perform Solid Waste Collection and Oisposal Services." First Addendum to "Franchise Agreement To Perform Solid Waste Collection and Disposal Services" for Sanitary Service, Inc. to provide for the addition of a recycling program Page 1 of 2 ( ( IT IS SO AGREED. DATED AND SIGNED this day of , 2000. CITY 0 F MERIDIAN By: Ivlayor Robert D. Corrie ATTEST: By: City Clerl( BY COUNCIL. RESOLUTION NO. - SANITARY SERVICE, INC. ATTEST: .; z:\ W ork\Jv1\Meridian 15360 rvf\S waac\Addend umtoSoIidW asteF ranchiseAgm t First Addendum to "Franchise Agreement To Perform Solid Waste Collection and Disposal Services" for Sanitary Service, Inc. to provide for the addition of a recycling program Page 2 of 2 RESOLUTION NO. BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE NlAYORAND CITY CLERI( TO ENTER INTO; ON BEHALF OF SAID MUNICIPALITY, A "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING CPI INDEX" WITH SANITARY SERVICE, INC.,TO PROVIDE FOR THE ADDITION OF A RECYCLABLE PROGRAM AND RATE WITHIN THE CITY OF MERIDIAN, DATED THE DAY OF , 2000, BY AND BETWEEN THE CITY OF MERIDIAN AND SANITARY SERVICES, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE NlAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a first addendum to provide for a recycling program and rate within the City of Meridian with SANITARY SERVICE, INC., an Idaho Corporation, denoted as "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING CPI INDEX", dated the day of , 2000, a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said First Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE NlAYORAND CITY COUNCIL as follows: 1. The Mayor and City Clerk are hereby authorized to enter into on RECYCLABLE RATE CHANGE AND - PAGE lOF 2 THE ADDITION OF NEW RATE RESOLUTION ( ( -, behalf of the City of Meridian that certain First Addendull1 to provide for a recycling program and rate within the City of Meridian with SANITARY SERVICE, INC., an Idaho Corporation, entitled "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAl\1 AND AMENDING PROVISIONS REFERENCING cpr INDEX", dated the day of , 2000, a , copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. MAYOR ArrEST: CITY CLERI( msgZ:\ W ork\N1\lv1eridian 15360tv1\SW AAC\RecyclableRateAddii lion.RES RECYCLABLE RATE CHANGE AND - PAGE 20F 2 THE ADDITION OF NEW RATE RESOLUTION ( ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. 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, 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 day of ,2000, the following action has been taken and authorized. A RESOLUTION OF THE CITI COUNCIL OF THE CITI OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE NIAYOR AND; CITI CLERI( TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITI, A "FIRST ADDENDUM TO LlFRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND M1ENDING PROVISIONS REFERENCING cpr INDEX" WITH SANITARY SERVI~E, INC.,TO PROVIDE FOR THE ADDITION OF A RECYCLABLE PROGRAM AND RATE WITHIN THE CITI OF MERIDIAN, - DATED THE DAY OF , 2000, BY AND BETWEEN THE CITI OF MERIDIAN AND SANITARY SERVICES, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITI OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a' first addendum to provide for a recycling program and rate within the City of Meridian with SANITARY SERVICE, INC., an Idaho Corporation, denoted as CERTIFICATE OF CLERI(OF THE.. PAGE IOF 3 CITI OF MERIDIAN (~ "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING cpr INDEX", dated the day of , 2000, a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said First Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and City Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain First Addendum to provide for a recycling program and rate within the City of Meridian with SANITARY SERVICE, INC., an Idaho Corporation, entitled "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING CPI INDEX", dated the day of , 2000, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. CERTIFICATE OF CLERIC OF THE.. PAGE 20F 3 CITY OF MERIDIAN STATE OF IDAHO, : SSe County of Ada, On this day of , in the year 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: ffiSglZ:\ W ork\lY1\Meridian 15360 M\Swaac\RecyclableRateCert. elk CERTIFICATE OF CLERI( OF THE - PAGE 30F 3 CITY OF MERIDIAN ( ( '.KE C E IVED OCT 1 1 2000 September 19, 2000CITY OF MERIDIAN (;1 I Y \:( J=RK Or;:J=fCE ITEM Nd- --, V September 19, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution to provide for the increase in rates and set solid waste coHection rates 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: See attached ~~~ ~ -tN- Wao-' ou-<;r rwjva1 1J . ~ *YM-~ MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: 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. ( RESOLUTION NO. BY: A RESOLUTION TO PROVIDE FOR THE INCREASE IN RATES AND SET SOLID WASTE COLLECTION RATES WITHIN THE CITY OF MERIDIAN. BE IT RESOLVED BY THE NlAYORAND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The fees to be charged for solid waste collection are listed below and shall be as follows: Residential: Residential Toter Carts Habitual Late can fee $ 7 .40 $ 2.38 $ 5.00 Commercial Cans: 1 .. 3 cans 4 .. 6 cans 7 .. 9 cans $ 44.40 $ 88.80 $111 .00 Commercial Containers: 1 1/2 yd 3 yd 4yd 6yd 8 yd l/wk $ 54.27 $ 56.89 $ 68.25 $ 88.75 $105.35 2/wk $ 7 7 .40 $ 92.14 $111.52 $143.38 $163.94 3/wlc 4/wlc 5/wk 6/wk $100.11 $134.29 $168.41 $202.53 $127.45 $167.90 $220.73 $267.39 $154.74 $209.37 $263.95 $318.58 $197.96 $263.95 $329.98 $395.97 $218.52 $282.65 $351.00 $416.27 Commercial Compactors: 4yd 5 yd 6yd 8 yd $ 42.74 $ 51.19 $ 59.25 $ 80.83 Temporary Container Service: Delivery $ 16.54 Daily Rental $ 0.62 Monthly Rental $ 16.54 Dump perm/temp cont $ 18.50 Extra Dump 6 yd $ 28.78 Extra Dump 8yd $ 37.00 ( Residential Recycling Rates: $ 2.10 per month per residence Miscellaneous Services: Refrigerator picl(up Overflow Cleanup $ 31.00 $ 10.30 for 5 min. $1.03/min thereafter Roll Off Services*: *$93.00/haul + disposal + Franchise Fee Extra services $ 77.50/hour *Landfill Rates: Disposal rates with Franchise Fees as listed below: Daily Monthly SW Demo Compact Wood Size Rental Ren tal Dump Dump Dump Waste 20 Yd $ 2.20 $ 63.00 $ 53.00 $11 6.60 $ 84.80 $ 26.50 30Yd $ 2.75 $ 77.00 $ 79.50 $174.90 $127.20 $ 39.75 40 Yd $ 3.00 $ 88.00 $106.00 $233.20 $169.60 $ 53.00 Wood Noncompactedlloose Demolition Compacted Tires Refrigeration Units $ 1.33 per yd $ 2.65 per yd $ 5.83 per yd $ 4.24 per yd $ 1.59 each $10.60 each The effective date for these solid waste collection rates shall be October 1, 2000. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. Approved by the Mayor of the City of Meridian, Idaho, this , 2000. day of Mayor ATTEST: City Clerk z: \ W 0 rk\N1\Meri dian l53 60 M\Sani tary Svcs\Reso 1 uti 0 ns\Ra telncreases. Res ( ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the lavvs 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 day of ,2000, the following action has been tal<.en and authorized: A RESOLUTION TO PROVIDE FOR THE INCREASE IN RATES AND SET SOLID WASTE COLLECTION RATES WITHIN THE CITY OF MERIDIAN. BE IT RESOLVED BY THE NlAYORAND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The fees to be charged for solid waste collection are listed below and shall be as follows: Residential: Residential Toter Carts Habitual Late can fee Commercial Cans: 1 .. 3 cans 4 .. 6 cans 7 .. 9 cans Commercial Containers: 1 Yz yd 3 yd 4yd 6 yd 8 yd Commercial Compactors: 4yd 5 yd 6yd 8 yd $ 7.40 $ 2.38 $ 5.00 $ 44.40 $ 88.80 $111.00 l/wk $ 54.27 $ 56.89 $ 68.25 $ 88.75 $105.35 2/wk $ 7 7 .40 $ 92.14 $111.52 $143.38 $163.94 3/wk 4/wk 5/wk 6/wk $100.11 $134.29 $168.41 $202.53 $127.45 $167.90 $220.73 $267.39 $154.74 $209.37 $263.95 $318.58 $197.96 $263.95 $329.98 $395.97 $218.52 $282.65 $351.00 $416.27 $ 42.74 $ 51.19 $ 59.25 $ 80.83 ( ( Temporary Container Service: Delivery Dailv Rental l\;lonthly Rental Dump perm/temp cont Extra Dump 6 yd Extra Dump 8yd $ 16.54 $ 0.62 $ 16.54 $ 18.50 $ 28.78 $ 37.00 Residential Recycling Rates: $ 2.10 per month per residence Miscellaneous Services: Refrigerator pickup Overflovv Cleanup $ 31.00 $ 10.30 for 5 min. $1.03/min thereafter Roll Off Services*: *$93.00/haul + disposal + Franchise Fee Extra services $ 77.50/hour *LandfilI Rates: Disposal rates with Franchise Fees as listed below: Daily Monthly SW Demo Compact Wood Size Rental Ren tal Dump Dump Dump Waste 20Yd $ 2.20 $ 63.00 $ 53.00 $116.60 $ 84.80 $ 26.50 30Yd $ 2.75 $ 77.00 $ 79.50 $174.90 $127.20 $ 39.75 40Yd $ 3.00 $ 88.00 $106.00 $233.20 $169.60 $ 53.00 Wood N oncompacted!loose Demolition Compacted Tires Refrigeration Units $ 1.33 per yd $ 2.65 per yd $ 5.83 per yd $ 4.24 per yd $ 1.59 each $10.60 each The effective date for these solid waste collection rates shall be October I, 2000. William G. Berg, Jr. STATE OF IDAHO, 55. COLlnty of Ada, On this day of , in the year 2000, before il1e, , a Notary Public, appeared WILLlA1v1 G. BERG, JR., knovVI1 or identified to Ine to be the City Clerl( 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 or k\lv1\lvIeri dian 15360 lv1\Sani tary S vcs\Reso 1 utions\CertClkRa teIn creRes (f \ MEMORANDUM TO: Mayor Robert Corrie City Council Members: Mr. Ron Anderson Mr. Keith Bird Ms~ Tammy deWeerd Ms. Cherie McCandless FROM: Steve Sedlacek, Business Manager, Sanitary Services, Inc. Bill Gregory, Operations Manager, Sanitary Services, Inc. DATE: September 5~ 2000 SUBJECT: Annual CPI Rate Adjustment for Solid Waste Collection Services This memorandum presents a summary of the CPJ rate adjustment in accordance with Section 21 of our contract with the City of Meridian. This rate adjustment does not aooly to the increase in fees related to residential. curbside recvclino or the proposed increase in landfill fees in January. 2001_ This rate adjustment coincides with the beginning of the next fiscal year, October 1, 2000. We are hopeful that the council will complete their consideration of this Issue so that the rates will be in effect on October 1, 2000. Adjustment Methodology Our contract requires that our costs be adjusted annually based upon the IInet percentage of change in the Consumer Price Index for the Pacific Northwest.n (The CPt is no longer published for the Pacific Northwest so we have used the CPt for the Western Region of the United States.) Further1 we'"reduce the calculated change in the CPI by ten percent to account for aspects of the CPt that do not apply to our business. Attached .to this .memorandum is the CPI printout from the U~S. Bureau of Labor Statistics. The CPI for July one year ago was 168.9 and this year it is 175.2. The net percentage change between the two values is 3.730/0. Then, reducing this number by 10 percent yields a CPI adjustment of 3.360/0 that is applied to our costs. One other requirement of our contract is that we exclude the landfill portion of our fees from the adjustment We have completed calculations of what percentage of total costs are disposal and have escalated the remainder by our allowable adjustment LandfiJl costs will be increasing in January 2001 and we will approach the City Council for a rate adjustment when we know more about the actuat change. Results of Rate Change The current and proposed rates are presented in tabular form in an attachment to this memorandum. The residential rate will increase by $0.20 per house per month. This is the first rate increase in any solid waste services since 1996. SEP 19 '00 14=29 2088885052 PAGE. 02 ( In summary, the percentage of change by various categories of rates is as follows: Residential rates CommerciaJ can rates Commercia) container rates Commercial compactor rates Temporary container rates Miscellaneous services RoUoff Services 2.780/0 - 3.48010 2.. 780;0 2.78% 1 .67% - 1.760/0 2.78010 - 3.38% 3~ 36010 0.000/0 - 3.360Ib The percent changes vary with the different types of systems that we operate because each has a different per~n~gt;; that is disposal. A more detaiJed anaJysis is available to the Mayor, Council or City staff upon request If further information is necessary we would appreciate treating the information as IIbusiness confidential." SEP 19 '00 14:29 2088885052 PAGE. 03 ( Proposed Rate Structure Changes Solid Waste Collection Services Sanitary Service Inc. Current Proposed Rate Rate Structure Structure Residential $ 7.20 $ 7.40 Tater Carts $ 2.30 $ 2.38 Habitual Late can fee $ 5.00 $ 5.00 CommercIal Cans (Current) 1/wk 2/wk 3/wk 1 - 3 cans $ 14.40 $ 28.80 $ 43.20 4 - 6 cans $ 28.80 $ 57.60 $ 86.40 7-9cans $ 36.00 $ 72.00 $ .108.00 Commercial Cans (Proposed) 1/wk 2/wk 3/wk 1 - 3 cans $ 14.80 $ 29.60 $ 44,40 4 - 6 cans $ 29.60 $ 59.20 $ 88~80 7 - 9 cans $ 37.00 $ 74.00 $ 111 .00 Commercial ContaIners (Current) 1/wk 21wk 3/wk 4x1wk 5/wk 6/wk 1 1/2 Yd $ 52.80 $ 75.30 $ 97.40 $ 130.65 $ 163.85 $ 197.05 3Yd S 55.35 $ 89.65 $ 124.00 $ 163.35 $ 214.75 $ 260.15 4Yd $ 66.40 $ 108.50 $ 150.55 $ 203.70 $ 256.80 $ 309.95 6Yd $ 86.35 $ 139.50 $ 192.60 $ 256.80 $ 321.05 $ 385.25 8 Yd $ 102.50 $ 159.50 $ 212.60 $ 275.00 $ 341.50 $ 405.00 Commercial Containers (Proposed) 1/wk 2/wk 3/wk 4x/wk S/wk 6/wk 1 1/2 Yd $ 54.27 $ 77.40 $ 1 00. 11 $ 134.29 $ 168.41 $ 202.53 3Yd $ 56.89 $ 92.14 $ 127.45 $ 167.90 $ 220.73 $ 267.39 4Yd $ 68.25 $ 111.52 $ 154.74 $ 209.37 $ 263.95 $ 318.58 6Yd $ 88.75 $ 143.38 $ 197.96 $ 263.95 $ 329.98 $ 395.97 8Yd $ 105.35 $ 163.94 $ 218.52 $ 282.65 $ 351.00 $ 416.27 Commercial Compactors Current Proposed 4yd ~ 42.00 $ 42.74 5 yd $ 50.05 $ 51 ~ 19 6yd $ 58.10 $ 59.25 8 yd $ 79.50 $ 80.83 Temporafy Container Service Current Proposed DelIvery $ 16.00 $ 16.54 Daily Rental $ 0.60 $ 0.62 Monthly RentaJ $ 16.00 $ 16.54 Dump perm/temp cont $ 18.00 $ 18.50 Extra Dump 6 yd $ 28.00 $ 28.78 Extra dump 8 yd $ 36.00 $ 37.00 SEP 19 '00 14:29 2088885052 PAGE a 04 (' MIscellaneous Services Refrigerator pickup Overflow CJeanup (Current) Overflow Cleanup (Proposed) $ 30.00 $ 31.00 $10,00 for 5 mint $1.00/min thereafter $10.30 for 5 minI $1.03/min thereafter Roll Off Services (Current)- "'$90.00/haul + dlsposaJ Extra services $75.00/hour RoU Off Services (Proposed)"" .$93.00/haul + disposaJ + Franchise fee Extra services $77.50/hour Landfill Rates (Currant) These rates will be increasing by 100J'o in January 2001. All rates on this sheet reflect the current landfill rates below Monthly Demo Compact Wood Size Daily Rental Rental SW Dump Dump Dump Waste 20Yd $ 2.20 $ 63.00 $ 53.00 $ 116.60 $ 84.80 $ 26.50 30Yd $ 2.75 $ 77.00 $ 79.50 $ '74.90 $ 127.20 $ 39.75 40Yd $ 3.00 $ 88.00 $ 106.00 $ 233.20 $ 169.60 $ 53.00 Wood $ 1.33 peryd Noncompacted/loose $ 2.65 peryd Demolition $ 5.83 peryd Compacted $ 4.24 peryd Tires $ 1.59 each Refrigeration Units $ 10.60 each SEP 19 '00 14:30 2088885052 PAGE. 05 - - --- ....- ......_--... '-"..-I.o"".J...l.......~.l.,.It1ld 12age 1 of 1 ... ... ,.J- Data extracted on= August 31, 2000 (06:27 Pl\1) Consumer Price Index-All Urban COllsumers Series Catalog: Series ID : CTJUR0400SAO Noe Seasonally Adjusted _~rea : West urban Icetn : AU items Base Period: 1982-84:::;100 Dat:): IYe:JrI~1 Feb IIMarl~[M<lyll Jun IQill~llieJ[ Oct IlNov II Dee IIAnnl 1199 9111 66.41ll,66.911Io67.311169 .OJ116 8.711168.311168 .911169 .511170~~ 70.4/1 1 70.4/1 1 70.5J[! 68.91 /200011171.0/1171.911173.411173.711173.911174.31/175.21 [l] SIj"" ~~ ~ r~;or.: .~. ~ ).. W.:':'! ,- L~ .. I~I BL$ Home Page Bureau of Labor Statistics B LSiJ1roSF@bls~gov hrrp :// 146.14244~24/cgi...binJsurveymost 8/31/00 SEP 19 '00 14:30 2088885052 PAGE. 06 ( September 19 f 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT September 19 I 2000 ITEM NO. v REQUEST Resolution to provide for the increase in rates and set solid waste collection rates 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: See attached ~ ~ -tW- Wao-' ~r ~wvcd ~ ~ ~(Vl~ MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: vV OIff~ j ~}1 INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~~/l~/L~~~ lq:Ll LtJl:n:f~~~tj~L SANITARY SERVICE PAGE 02 (/ MEMORANDUM TO: Mayor Robert Corrie City Council Members: Mr. Ron Anderson Mr. Keith Bird Ms. Tammy deWeerd Ms. Cherie McCandless FROM: Steve Sedlacek, Business Manager, Sanitary Services, Inc. Bill Gregory, Operations Manager. Sanitary Services, Inc. DATE: September 5. 2000 SUBJECT: Annual CPI Rate Adjustment for Solid Waste Collection Services This memorandum presents a summary of the CPI rate adjustment in accordance with Section 21 of our contract with the City of Meridian. This rate adjustment does not apply to the increase in fees related to residential. curbside recvclina or the oroDosed increase in landfill fees in January. 2001. This rate adjustment coincides with the beginning of the next fiscal year, October 1, 2000. We are hopeful that the council will complete their consideration of this Issue so that the rates will be in effect on October 1, 2000. Adjustment Methodology Our contract requires that our costs be adjusted annually based upon the Hnet percentage of change in the Consumer Price Index for the Pacific Northwest" (The CPI is no longer published for the Pacific Northwest so we have used the CPt for the Western RegIon of the United States.) Further, we reduce the calculated change in the CPt by ten percent to account for aspects of the CPI that do not apply to our business. Attached .to this memorandum is the CPt printout from the U~S. Bureau of Labor Statistics. The CPI for July one year ago was 168.9 and this year it is 175.2. The net percentage change between the two values is 3.730/0. Then, reducing this number by 10 percent yields a CPI adjustment of 3.360A, that is applied to our costs. One other requirement of our contract is that we exclude the landfiJl portion of our fees from the adjustment We have completed calculations of what percentage of total costs are disposal and have escalated the remainder by our allowable adjustment. LandfiJl costs will be increasing in January 2001 and we will approach the City Council for a rate adjustment when we know more about the actuat change. Results of Rate Change The current and proposed rates are presented in tabular form in an attachment to this memorandum. The residential rate will Increase by $0.20 per house per month. This is the first rate increase in anv solid waste services since 1996. SEP 19 '00 1.4:;>Q 'ilAtJ(""UI n t:'" nt:"'--a 09/19/2000 14:21 2088885052 SANITARV SERVICE PAGE 03 In summary, the percentage of change by various categories of rates is as follows: Residential rates CommerciaJ can rates Commercia! container rates Commercial compactor rates Temporary container rates Miscellaneous services Ronoff Services 2.780h - 3.480/0 2~ 780/0 2~ 78% 1.670A. - 1.760/0 2.78% - 3.38% 3.36010 0.000/0 - 3.360Ib The percent changes vary with the dIfferent types of systems that we operate because each has a different p~r~ntage that is disposal. A more detailed analysis is available to the Mayor, Council or City staff upon request If further information is necessary we would appreciate treating the information as Hbusiness confidential." SEP 19 '00 14:29 2088885052 PAGE. 03 ~~f~~f~~~U ~~.~~ ~t.I0000~t.I~L. ~f4Nllf4KY ~t.~Vlt,.;t. r'A(:i1:. eJ4 , - ( Proposed Rate Structure Changes Solid Waste Collection Services Sanitary Service Inc. Current Proposed Rate Rate Structure Structure Residential $ 7.20 $ 7.40 Toter Carts $ 2.30 $ 2.38 Habitual Late can fee $ 5.00 $ 5.00 Commercial Cans (Current) 1/wk 2/wk 3/wk 1 .. 3 ca ns $ 14.40 $ 28.80 $ 43.20 4-6cans $ 28.80 $ 57.60 $ 86.40 7 - 9 cans $ 36.00 $ 72.00 $ ,108.00 Commercial Cans (Proposed) 1/wk 2/wk 3/wk 1 - 3 cans $ 14.80 $ 29.60 $ 44.40 4 - 6 cans $ 29.60 $ 59.20 $ 88.80 7 - 9 cans $ 37.00 $ 74.00 $ 111.00 Commercial ContaIners (Current) 1/wk 2/wk 3/wk 4x1wk 5/wk 6/wk 1 1/2 Yd $ 52.80 $ 75\30 $ 97.40 $ 130.65 $ 163.85 $ 197.05 3Yd $ 55.35 $ 89.65 $ 124.00 $ 163.35 $ 214.75 $ 260.15 4Yd $ 66.40 $ 108.50 $ 150.55 $ 203.70 $ 256.80 $ 309.95 6Yd $ 86.35 $ 139.50 $ 192.60 $ 256.80 $ 321.05 $ 385~25 8Yd $ 102.50 $ 159.50 $ 212,60 $ 275.00 $ 341.50 $ 405.00 Commercial Containers (Proposed) 1/wk 2/wk 3/wk 4x1wk S/wk 6/wk 1 1/2 Yd $ 54.27 $ 77.40 $ 1 00. 11 $ 134.29 $ 168.41 $ 202.53 3Yd $ 56.89 $ 92.14 $ 127.45 $ 167.90 $ 220.73 $ 267.39 4Yd $ 68.25 $ 111.52 $ 154.74 $ 209.37 $ 263.95 $ 318.58 BYd $ 88.75 $ 143.38 $ 197.96 $ 263.95 $ 329.98 $ 395.97 8Yd $ 105.35 $ 163.94 $ 218.52 $ 282.65 $ 351 ~ 00 $ 416.27 Commercial Compactors Current Proposed 4yd ~ 42.00 $ 42.74 5 yd $ 50.05 $ 51_19 6yd $ 58.10 $ 59.25 8 yd $ 79_50 $ 80.83 Temporary Container Service Current Proposed Delivery $ 16.00 $ 16.54 Daily Rental $ 0.60 $ 0.62 Monthly Rental $ 16.00 $ 16.54 Dump perm/temp cont $ 18.00 $ 18.50 Extra Dump 6 yd $ 28.00 $ 28.78 Extra dump 8 yd $ 36.00 $ 37.00 SEP 19 '00 14:;>g "'lAOOL)(::l~(A~'l ~~/l~/L~~~ 14:21 2088885052 SANITARY SERVICE PAGE 05 ( MI9cellaneous Services Refrigerator pickup Overflow Cleanup (Current) Overflow CJeanup (Proposed) $ 30.00 $ 31.00 $10.00 for 5 min, $1.00/min thereafter $10.30 for 5 mint $1.03/min thereafter Roll Off Services (Current)" "'$90.00/haul + dlsposaJ Extra services $75.00/hour Roll Off Services (Proposed)'" *$93.00/haul + disposal + Franchise fee Extra services $77.50/hour landfilJ Rates (Current) These rates win be increasing by 10% in January 2001. All rates on this sheet reflect the current landfill rates below Monthly Demo Compact Wood Size Daily Rental Rental SW Dump Dump Dump Waste 20Yd $ 2.20 $ 63.00 $ 53.00 $ 116.60 $ 84.80 $ 26.50 $OYd $ 2.75 $ 77.00 $ 79.50 $ 174.90 $ 127.20 $ 39.75 40Yd $ 3.00 $ 88.00 $ 106.00 $ 233.20 $ 169.60 $ 53.00 Wood $ 1.33 peryd Noncompactedlloose $ 2.65 peryd Demolition $ 5.83 per yd Compacted $ 4.24 peryd Tires $ 1.59 each Refrigeration Units $ 10.S0 each SEP 19 '00 14:30 2088885052 PAGE. 05 ~ 4. 4V~VVV~V~4 v~'_';;~;;;~t Labor ~tatl$hcs.Data . ( ~HI '1 J. I Hr".. T ~~r\. V .L '-'~ Data e:l:tracted on: August 31, 2000 (06:27 P!\1) r-1-\t..Jt. t:Jo ~age 1 of 1 Consumer Price Index-All Urban COllsumers Series Catalog: Series ID : CUUR0400SAO Nor Seasonally Adjusted ~A.rea : West urban Iceln : AU items Base Period: 1982-84== I 00 Da tn: IYear/~1 Feb IIMarl~lMayll Jun IlliD~~1 Oct II Nov II Dee IlAnn 1 /1999/1166.411166.9111-67.311169 .OJI168. 711168.311168.911169 .Sl! 170.~l! 70.411170.411170.51~ 68.91 /2000111 7 1.011 171.91l1 73.4ll173. 7]1173.91/174.311175.2/ [I] -~~ ,~~ ~ -.WN ~~".. ~ / ~I BLS Home Page Bz/reall of Labor Scatistics BlSinroSF@bls~gov hrrp :// 146 · 1 42.4.24/cgi-binlsurveymost SEP 19 '00 14:30 2088885052 8/31/00 PAGE. 06 Uj/~~/LUUU ~~.4~ ~(.JOOOO;:JtJ;:Jk. ( ::>I4Nlll4t'(Y ~t.t'(Vll,;t:. FAX COVER SHEET Sanitary Seniice Company P.o. BOX 626 . MeridIan} 10. 83680 Phone: (208)888-3999 TO: W~lL~~ corvtP ANY: Fax: (208)888-5052 FROM: 5~/if~ FAX. NUMBER: DATE: Corrunents: ~ CO'J f'-(~ \ F yt( SE:P 1.9 'VlVt 1a:?l=I ~A'~ Y if j 4~~. ~-L '1nnnnnl""""nl""""~ J-'Abl:. tll ( RESOLUTION NO. 337 BY: /(it-!h 6; }-tL (Jth; &Jwn M A RESOLUTION TO PROVIDE FOR THE INCREASE IN RATES AND SET SOLID WASTE COLLECTION RATES WITHIN THE CITY OF MERIDIAN. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The fees to be charged for solid waste collection are listed below and shall be as follows: Residential: Residential Toter Carts Habitual Late can fee $ 7.40 $ 2.38 $ 5.00 Commercial Cans: 1 - 3 cans 4 - 6 cans 7 - 9 cans $ 44.40 $ 88.80 $111 .00 Commercial Containers: 1 1/2 yd 3 yd 4yd 6yd 8 yd I/wk $ 54.27 $ 56.89 $ 68.25 $ 88.75 $105.35 2/wk $ 77.40 $ 92.14 $111.52 $143.38 $163.94 3/wk 4/wl( 5/wk 6/wl( $100.11 $134.29 $168.41 $202.53 $127.45 $167.90 $220.73 $267.39 $154.74 $209.37 $263.95 $318.58 $197.96 $263.95 $329.98 $395.97 $218.52 $282.65 $351.00 $416.27 Commercial Compactors: 4yd 5 yd 6yd 8 yd $ 42.74 $ 51.19 $ 59.25 $ 80.83 Temporary Container Service: Delivery $ 16.54 Daily Rental $ 0.62 Monthly Rental $ 16.54 Dump perm/temp cont $ 18.50 Extra Dump 6 yd $ 28.78 Extra Dump 8yd $ 37.00 ( I ( Residential Recycling Rates: $ 2.10 per month per residence Miscellaneous Services: Refrigerator pickup Overflow Cleanup $ 31.00 $ 10.30 for 5 min. $1.03/min thereafter Roll Off Services*: *$93.00/haul + disposal + Franchise Fee Extra services $ 77.50/hour *Landfill Rates: Disposal rates with Franchise Fees as listed below: Daily Monthly SW Demo Compact Wood Size Rental Rental Dump Dump Dump Waste 20Yd $ 2.20 $ 63.00 $ 53.00 $11 6.60 $ 84.80 $ 26.50 30Yd $ 2.75 $ 77.00 $ 79.50 $174.90 $127.20 $ 39.75 40Yd $ 3.00 $ 88.00 $106.00 $233.20 $169.60 $ 53.00 Wood Noncompactedlloose Demolition Compacted Tires Refrigeration Units $ 1.33 per yd $ 2.65 per yd $ 5.83 per yd $ 4.24 per yd $ 1.59 each $10.60 each The effective date for these solid waste collection rates shall be October 1, 2000. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 19-15- day of ~/rle/J1;bIh..", 2000. Approved by the Mayor of the City of Meridian, Idaho, this I q~ day of ~/;rfp InU'V , 2000. City Clerk _ SE.liL ~ i! t".J ~ c.:f q,c 2 Z:\Work\M\Meridian 15360M\Sanitary Svcs\Resolutions\Rateln~:;,~'; <ilfSr 15'\ . "\ .p j ,. r ... / ,<,,~ ..... "~//." Co ~ ~/ "" · '~j UN ! 'l t \\" II/if;:p! ~~~~\\\\\\ ( l. ( 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 ClerIc of this City, I am the custodian of its records and minutes and do hereby certify that on the / q1l:: day of ~nIe/?tbv , 2000, the following action has been taken and authorized: ' A RESOLUTION TO PROVIDE FOR THE INCREASE IN RATES AND SET SOLID WASTE COLLECTION RATES WITHIN THE CITY OF MERIDIAN. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The fees to be charged for solid waste collection are listed below and shall b~ as follows: Residential: Residential Toter Carts Habitual Late can fee Commercial Cans: 1 - 3 cans 4 - 6 cans 7 - 9 cans Commercial Containers: 1 1/2 yd 3 yd 4yd 6yd 8 yd Commercial Compactors: 4yd 5 yd 6yd 8 yd $ 7.40 $ 2.38 $ 5.00 $ 44.40 $ 88.80 $111.00 l/wk $ 54.27 $ 56.89 $ 68.25 $ 88.75 $105.35 2/wlc $ 7 7 .40 $ 92.14 $111.52 $143.38 $163.94 3/wl( 4/wk 5/wl( 6/wk $100.11 $134.29 $168.41 $202.53 $127.45 $167.90 $220.73 $267.39 $154.74 $209.37 $263.95 $318.58 $197.96 $263.95 $329.98 $395.97 $218.52 $282.65 $351.00 $416.27 $ 42.74 $ 51.19 $ 59.25 $ 80.83 / ( Temporary Container Service: Delivery $ 16.54 Daily Rental $ 0.62 MontWy Rental $ 16.54 Dump perm/temp cont $ 18.50 Extra Dump 6 yd $ 28.78 Extra Dump 8yd $ 37.00 Residential Recycling Rates: $ 2.10 per month per residence Miscellaneous Services: Refrigerator pickup Overflow Cleanup $ 31.00 $ 10.30 for 5 min. $1.03/min thereafter Roll Off Services*: *$93.00/haul + disposal + Franchise Fee Extra services $ 77.50/hour *Landfill Rates: Disposal rates with Franchise Fees as listed below: Daily Monthly SW Demo Compact Wood Size Rental Rental Dump Dump Dump Waste 20Yd $ 2.20 $ 63.00 $ 53.00 $116.60 $ 84.80 $ 26.50 30Yd $ 2.75 $ 77.00 $ 79.50 $174.90 $127.20 $ 39.75 40Yd $ 3.00 $ 88.00 $106.00 $233.20 $169.60 $ 53.00 Wood Noncompacted!loose Demolition Compacted Tires Refrigeration Units $ 1.33 peryd $ 2.65 per yd $ 5.83 per yd $ 4.24 per yd $ 1.59 each $10.60 each The effective date for these solid waste collection rates shall be October 1, 2000. \\\\\\11'111111/11 \\\\ f l..fl:'" 11// ,,\-\ ~(o lYU:~ 1'1')'..... "....., ~ o' ~A~~ ~ Ci o~ flA)j ~y ~ ~ .,"<:..1 ~ ~ ~ ~ ~ t = : ~..~t1L ..... O~,i:.la.. :::. ~ r:, ~ :: ~ cP:: \."1C 'lG; 1~''\ · ,,;" ~ j /.....,... .<~ "- '-' ~ ,.::::- '/ ~ a 'f) ,~ <~/ ' OU~Jc "'.'{ '", . \'11 . . ':I , , '\\\\\\ /, ",I.~n'.;,'\ ( STATE OF IDAHO, ) ss. County of Ada, On this. fI-!i day of Se.p J.eyy,bw , in the year 2000, before me, S/A~lbttJ E. Ut:ttLrriu0 , a Notary Public, appeared WILLIAM G. BERG, JR., known or i~ntified 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) ~.~ ~=--Q9~.... ".o...~" TA ~ . 4'~ ~~/ 0 -.-...rr ", . l;/ r.,.?' I ,:;:. :.,t... , e . ...-w.y,' \ . ~~I ~ *.6... IN- :00: ~ ~ :>: Q \ : . 3 \ , . t? \ , . . ' A_. C ' · .~&~'-::"" UBL~...,:~O.. ~~~1}foFiu~.. -.".as. z:\ W ork\M\Meridian 15360 M\Sani tary Svcs\Resolutions\CertClkRatelncreRes ( FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM WHEREAS, the City of Meridian desires to add a recycling program to the present solid waste collection and disposal service agreement for Meridian City; and WHEREAS, the present landfill is being used to capacity with materials which could be recycled through a City "vide recycling program; and WHEREAS, the City of Meridian recognizes that it is in need of a household hazardous vvaste collection program; and WHEREAS, the City of Meridian also recognizes that Sanitary Service, Inc. is ready, willing and able to implement a recycling program for the CitY1 and to sponsor a monthly household hazardous waste collection. NOW, THEREFORE, the parties agree that: 1. On or before October 21 2000, Sanitary Service, Inc. will furnish each residential customer in the City of Meridian with an 18 gallon recycling bin, and furnish educational materials explaining the program. 2. The following materials are the only recyclable materials that vvill be accepted: Plastics (Mille jugs, PET, Pop bottles) Mixed Paper (Junk mail, envelopes, cereal boxes) Cans (tin and aluminum) ~ Magazines and catalogs (Glossy) Newspapers including inserts Corrugated cardboard (maximum 2 foot diameter and bundled) 3. Each residential customer will be charged an additional $2.10 per month, which charge is in addition to the regular monthly solid waste collection charges. 4. Sanitary Service1 Inc. will conduct and publicize a monthly household hazardous waste collection event in the City of Meridian. This collection 'Nill begin when the recycling program begins. 5. Sanitary Service, Inc. will sell the collected recyclable materials and use the proceeds to pay the cost of the household hazardous waste collection program. Any remaining proceeds will be paid to the City of Meridian for such uses as may be determined by the Mayor and Council. Payment of these proceeds will be paid quarterly and within sixty (60) days after the end of each quarter. 6. The originals of this Addendum are to be appended to the originals of the "Franchise Agreement To Perform Solid Waste Collection and Disposal Services." First Addendum to "Franchise Agreement To Perform Solid Waste Collection and Disposal Services" for Sanitary Service, Inc. to provide for the addition of a recycling program Page I of 2 ( IT IS SO AGREED. 'tJ:/1... n" DATED AND SIGNED this f'1 - day of UitpfelJ,-ybe.-v ,2000, By: ayo obert D. Corrie , \\ 1,1 " It U I III/ ,-,,'-'...f Of MER::~",\ I/<~. " ,(" ..VJ '/ ATTEST: ..:..,' ~ '\ "-1,1__ '/ ij j (j #,ofAPOF?/l~ "y '\ Bdt~P;;~/~ { ~ G2AL () \ City Clerk V ?:A A."7<.:c C)o?::: BY COUNCIL RESOLUTION NO, 7 ;/0\"6" <-('Jr 15\ ." .j> j .'>, .IT, \.......-., -s:> ~ ", ~<// COI I~~ t"'''''''{ ~ ", /. > / . (.; {".; ~ . \ \ \ \ \ '11;-:.:., .:'.\\\ SANITARY SERVICE, INC. ATTEST: _ _~-z--v-- '= ~ teve Sedlacek, Secretary "" / BY RESOLUTION~, Dare} It /;;.0/'01000 z:\ W ork\t'v1\t'v1eridian 15360 M\Swaac\Addendum toSo lidW asteFranchise Agm t First Addendum to "Franchise Agreement To Perform Solid Waste Collection and Disposal Services" for Sanitary Service, Inc. to provide for the addition of a recycling program Page 2 of 2 RESOLUTION NO. 3:fb BY: ;:ellA- 1J7rt:!/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYORAND CITY CLERIC TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, A "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING cpr INDEX" WITH SANITARY SERVICE, INC.,TO PROVIDE FOR THE ADDITION OF A RECYCLABLE PROGRAM AND RATE WITHIN THE CITY OF MERIDIAN, DATED THE Iq~ DAY oF~IeM6eu , 2000, BY AND BETWEEN THE CITY OF MERIDIAN AND SANITARY SERVICES, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a first addendum to provide for a recycling program and rate within the City of Meridian with SANITARY SERVICE, INC., an Idaho Corporation, denoted as "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING CPI INDEX", dated the /q4 day of J)!1:rkf)l/~ , 2000, a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said First Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I. The Mayor and City CIerI, are hereby authorized to enter into on RECYCLABLE RATE CHANGE AND - PAGE lOF 2 THE ADDITION OF NEW RATE RESOLUTION ( behalf of the City of Meridian that certain First Addendum to provide for a recycling program and rate within the City of Meridian with SANITARY SERVICE, INC., an Idaho Corporation, entitled "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING CPI INDEX", dated the ! q-lf:; day of cfJ;Jkl'h--~ , 2000, a . copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /Cf76..- day of .JejJle/v"~ ,2000, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Iq~ day of JejifemOe--v ,2000, ATTEST: msgZ:\ W ork\M\Meridian 153 60M\SW AAaRecyclableRateAddii tion.RES RECYCLABLE RATE CHANGE AND - PAGE 20F 2 THE ADDITION OF NEW RATE RESOLUTION ~ FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM WHEREAS, the City of Meridian desires to add a recycling program to the present solid waste collection and disposal service agreement for Meridian City; and WHEREAS, the present landfill is being used to capacity with materials which could be recycled through a City wide recycling program; and WHEREAS, the City of Meridian recognizes that it is in need of a household hazardous waste collection program; and WHEREAS, the City of Meridian also recognizes that Sanitary Service, Inc. is ready, willing and able to implement a recycling program for the City, and to sponsor a monthly household hazardous waste collection. NOW, THEREFORE, the parties agree that: 1. On or before October 2, 2000, Sanitary Service, Inc. will furnish each residential customer in the City of Meridian with an 18 gallon recycling bin, and furnish educational materials explaining the program. 2. The following materials are the only recyclable materials that will be accepted: . Plastics (Milk jugs, PET, Pop bottles) Mixed Paper (Junk mail, envelopes, cereal boxes) Cans (tin and aluminum) Magazines and catalogs (Glossy) Newspapers including inserts Corrugated cardboard (maximum 2 foot diameter and bundled) . . . . . 3. Each residential customer will be charged an additional $2.10 per month, which charge is in addition to the regular monthly solid waste collection charges. Sanitary Service, Inc. will conduct and publicize a monthly household hazardous waste collection event in the City of Meridian. This collection will begin when the recycling program begins. Sanitary Service, Inc. will sell the collected recyclable materials and use the proceeds to pay the cost of the household hazardous waste collection program. Any remaining proceeds will be paid to the City of Meridian for such uses as may be determined by the Mayor and Council. Payment of these proceeds will be paid quarterly and within sixty (60) days after the end of each quarter. The originals of this Addendum are to be appended to the originals of the "franchise Agreement To Perform Solid Waste Collection and Disposal Services." 4. 5. 6. First Addendum to "franchise Agreement To Perform Solid Waste Collection and Disposal Services" for Sanitary Service, Inc. to provide for the ~ddition of a recycling program Page 1 of 2 IT IS SO AGREED. DATED AND SIGNED this /1# day of cf'q:rIelJ,y~ ,2000. ATTEST: B~~~~/~ ~ 7. SEAL [? _ BY COUNCIL'RESOLUTION NO. g3~ ~/ "c:; ^ ~ ~ 7A (..';J; 151 . ~~ $' ..;..... ~'!.<, 1 ~ ~ x- #'/#..., , .r\l- " "'/ C\ ~ " ///, OUtfr( t ' ,\' <'/1, . ' if . ..,\\\\ 11':::~i ~H:'.\\ SANITARY SERVICE, INC. ATTEST: ~'= teve Sedlacek, Secretary .J / BY RESOLUTION~. Dar~J 1/ /~li>tO()() z:\ W ork\M\Meridian 15 360 M\Swaac\A.ddendumtoSo lidW asteFranchiseAgmt first Addendum to "franchise Agreement To Perform Solid Waste Collection and Disposal Services" for Sanitary Service, Inc. to provide for the addition of a recycling program Page 2 of 2 RESOLUTION NO. 3J'b BY: ;i?/1A- j}7rcb A,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERI( TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, A "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICESn FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING CPI INDExn WITH SANITARY SERVICE, INC.,TO PROVIDE FOR THE ADDITION OF A RECYCLABLE PROGRAM AND RATE WITHIN THE CITY OF MERIDIAN, DATED THE 19~ DAY oF~:km6vu , 2000, BY AND BETWEEN THE CITY OF MERIDIAN AND SANITARY SERVICES, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a first addendum to provide for a recycling program and rate within the City of Meridian with SANITARY SERVICE, INC., an Idaho Corporation, denoted as "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING CPI INDEX", dated the (q~ day of ~lenV~ ,2000, a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said First Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follovvs: 1. The Mayor and City Clerk are hereby authorized to enter into on RECYCLABLE RATE CHANGE AND - PAGE IOF 2 THE ADDITION OF NEW RATE RESOLUTION ( behalf of the City of Meridian that certain First Addenduln to provide for a recycling program and rate vvithin the City of Meridian vvith SANITARY SERVICE, INC., an Idaho Corporation, entitled "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING CPI INDEX", dated the ! qlf:;. day of de;:rfef'h,Mv, 2000, a . copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ;q-t6.- day of JejJlelW~ ,2000, , APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Iq~ day of &;ifelrL6e--v ,2000, ATTEST: / ~ i'~ ~::: ~ .-~'t, "C) 0 ~:: ~"o ~~'Q; 15\ · '~..~: .-;.. ..:!~' '-,"--- ~ ). /... .. C'\ \O~ - " ////.. 01 H. f-:-",J "..... '''IJ V.i\1l \ , \\",\\ II/i... . ..~~.,\,\ msgZ:\W ork\1v1\Meridian 15360N1\SW AAaRecyclableRateAddii tion.RES RECYCLABLE RATE CHANGE AND - PAGE 20F 2 THE ADDITION OF NEW RATE RESOLUTION { CER TIFI CA TE 0 F CLER1( OF THE CITY 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, l\IIeridian, Idaho. 2. That as the City Clerk of this ~itYl I am the custodian of its records and minutes and do hereby certify that on the /C/-I!l day of ~fefttOe-v, 2000, the follovving action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND. CITY CLERI( TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, A "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFOR1v1 SOLID WASTE COLLECTION AND DISPOSAL SERVICES" FOR . SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAM AND AMENDING PROVISIONS REFERENCING cpr INDEX" WITH SANITARY SERVICE, INC.,TO PROVIDE FOR THE ADDITION OF A RECYCLABLE PROGRAM AND RA.TE WITHIN THE CITY OF MERIDIAN, DATED THE !~ DAY OF ~plenv~ , 2000, BY AND BETWEEN THE CITY OF MERIDIAN AND SANITARY SERVICES, INC., AN IDAHO CORPORA.TION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: . WHEREAS, it is in the best interests of the City of Meridian to enter into a" first addendum to provide for a recycling program and rate vvithin the City of Meridian with" SANITARY SERVICE, INC., an Idaho Corporation, denoted as CERTIFICATE OF CLERI( OF THE - PAGE lOF 3 CITY OF MERIDIAN . ( ( \ "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORL\1 SOLID \tVASTE COLLECTION At"JD DISPOSAl SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAL\1 At"JD At\tlENDING PROVISIONS REFERENCING CPI INDEX", dated the 1t:J4 day of cYfJ-lehv~ ,2000, a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for 'Yvhich are as set forth in said First Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE N1AYORAND CITY COUNCIL as follows: 1. The Mayor and City Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain First Addendum to provide for a recycling program and rate within the City of Meridian with SANITARY SERVICE, INC., an Idaho Corporation, entitled "FIRST ADDENDUM TO "FRANCHISE AGREEMENT TO PERFORNI SOLID WASTE COLLECTION AND DISPOSAl SERVICES" FOR SANITARY SERVICE, INC. TO PROVIDE FOR THE ADDITION OF A RECYCLING PROGRAL\1 AND A1v1ENDING PROVISIONS REFERENCING CPI INDEX", dated the /cJ.fA day of Jej)kf1'v~, 2000, a , copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \ '\ \ \ \ \ t. t t fIt I t I f I "(.\' \ r"\ c: U:::: ,... t 1'1 '\' \;.....J V1 ~ .~fr" 1/1 ,'\ .<., ~<J/ /.... " \. '\ 7-<f. ~ f Ci o(:\PO~ /': r,y ~ ~ ~G ~A ~ _ ~ v- , - ~ ~ _ SEAL ~ ~ &- ~ ~( . ,OJ f? ~ ~ i"A '.'1, ~, ,:~ "" v.. I 1 ~ \ -'"~ "/ ....; . ~ ~' /..> / ' Lb.,,.. r<rV ~ ".........' / '... t Vi': I. "\ \ \ \ \ '\ CERTIFICATE OF CLERI(!;O"P"T'HiE''.. PAGE 20F 3 CITY 0 F MERID IAN I \ STATE OF IDAHO, ( \ : 55. County of Ada, On this l qt!1 day of S~ in the year 2000, before me, ~f ~2A- , a Notary Public, appeared WILLIAM G, BERG, JR., knovvn r iden Ified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknovvledged to me that he executed the same on behalf of the City of Meridian. (SEAL) 1-~.. oft, msglZ:\ W ork'JvNv1eridian 15360 !vf\S\vaac\RecyclableRateCert. Clk CERTIFICATE OF CLERI( OF THE - PAGE 30F 3 CITY OF MERIDIAN / j BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF GEM STAR PROPERTIES, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 100.9 ACRES FOR AUTUMN FAIRE SUBDIVISION, LOCATED AT THE SOUTHWEST CORNER OF BLACI( CAT AND USTICI( ROADS, MERIDIAN, IDAHO Revised C/C 08-15-00 ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-00-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The abo'le entitled annexation and zoning application having come on for public hearing on June 6, 2000, and continued until JU11e 20, 2000, July 5, 2000, and tabled at the July 18,2000 meeting and then re-noticed for public hearing on August 15,2000, at the hour of 7:30 p.m., and at the June 6, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the partner of the owner, Gem Star Properties, appeared and testified, and appearing and testifying on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) r ( ( ( behalf of the Applicant were: Scott Stanfield and Dave Mortenson, and appearing and testifying 'With comments/concerns or in opposition was: Linda Williams, and at the August 15,2000 meeting, Shari Stiles, Planning and Zoning Administrator, and Tom I(untz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant were: Scott Stanfield of Earl &Associates, and Susan Wildwood, and appearing and testifying 'With comments or concerns were: Linda Dettero, Monty Janicek, and Dean Langley, and the City Council having duly considered the ,evidence and the record in this matter therefore mal(es the follo'Wing Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I. 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 June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August 15, 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 weel( before said hearing; and that copies of all notices were made available to newspaper, radio and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) / television stations as public service announcements; and the matter having been duly considered by the City Council at the June 6,2000, and continued until June 20, 2000, July 5,2000, and tabled at the July 18,2000 meeting and then re-noticed for public hearing on August 15, 2000, public hearing; and the applicant, affected property owners, and governlnent subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S9 67-6509 a11d 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council talces judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning :maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and :q1aps and the ordinance 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 forth in full. 5. The property is approximately 100.9 acres in size and is located at the southwest corner of Blaclc Cat and Ustick Road. The property is designated as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYGEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) / ( { 'I Autumn Faire Subdivision. 6. The owner of record of the subject property is Langley Farms Limited Partnership, do Stella McNealy, Meridian, Idaho. 7. Applicant is Gem Star Properties, LLC., of Eagle, Idaho. 8. The property is presently zoned by Ada County as R T, and consists of agricultural property. 9. The Applicant requests the property be zoned as R-4 Low Density Residential. 10. The subject property is bordered to the east and south by Meridian city limits, and to the north and east by Ada County. II. The property which is the subject of this application is within the Area of Impact 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 Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the follovving manner: single family residential subdivision. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) r / ( ( IS. There are no significant or scenic features of major importance that affect the consideration of this application. 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 imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Warles Departmente No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinancee Wells may be used for nondomestic purposes such as landscape irrigatione 16.3 Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Orde 11-13) e 16.4 A drainage plan designed by a State of Idaho licensed architect or engineer shall be 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-sitee 16.5 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 11-13-4eCe and I 2-5-2.Me FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYGEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) 16.6 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 shall be permitted. 16.7 Provide five-foot-wide sidewall(s in accordance with City Ordinance (Ord. 12-5-2.I(). 16.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.9 Applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 16.10 Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees shall be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 16.11 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. 16.12 The well lot shall be designated access to the north parcel and access to the southeast quarter. The out parcels shall be annexed. 16.13 Applicant shall be required to develop a minimum 30 foot pathway along the south boundary of the proposed Phase 5 and that shall be required to be rough graded at the developer's expense. In order to accommodate the 30 foot pathway the affected lots shall be shortened in- depth by 10 feet. 16.14 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 16.15 Applicant shall provide a letter of credit, in the sum of the value of the proposed park land based on the actual acreage and the applicant's purchase price. The surety shall be provided upon approval of the final plat for Phase 1 of Autumn Faire. It shall be exercisable by the City in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) (- <' the event that three years elapse from the approval of the preliminary plat for Autumn Faire, and the park land or substitute property has not been transferred to the City. The applicant will post a letter of credit with the City in the amount of $204,000. This letter of credit will be in lieu of park impact fees for Phases One through Five of Autumn Faire. The proposed parle land shall be transferred upon approval of the final plat for proposed Phase Five. The letter of credit will expire when the park land has been conveyed and accepted by the City. 16.16 The surety shall become void upon transfer of the proposed parle land or substitute property in Phase 5 to the City of Meridian. 16.17 The City shall waive parle fees associated with Autumn Faire because of the condition related to donation of park land or exercise of the letter of credit. 16.18 Applicant shall transfer the parle land to the City upon approval of the final plat for Phase 5 of the project, and park land to be the site referred to at hearing as being in Autumn Faire No.2 or an alternative site in Autumn Faire No.1. 16.19 Applicant shall provide stubbed street, sewer and water to the proposed park as part of the construction of Phase 5 of the project. 16.20 If, at approval of the final plat of Phase Five, applicant does not deed the 6.8 acre parle to the City, and if the applicant fails to provide 6.8 acres or more of parle space in Phases Three, Four or Five of Autumn Faire, or if more than three years elapse after adoption of these Findings and the park site has not been donated, then, the letter of credit shall be exercisable in favor of the City. If the 6.8 acre parle site is donated as represented by the applicant within three years of the date of adoption of these Findings, the letter of credit shall become void. 16.21 Applicant, at its expense, will provide stubbed street, sewer and water to any proposed park site during construction of Phase Five of Autumn Faire. 16.22 Applicant agrees, at City's option, to provide rough and fine grading of the parle site. City shall reimburse applicant for the unit cost (but not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAI~ SUBDIVISION (AZ-OO-009) (- { move in, move out, or mobilization costs) of the rough and fine grade w?rk done on the park site. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, 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 maintain~d in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Low Density Residential District (R-4) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) ( ( Generalized Land Use Map which designates the subject property as Single Family Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 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 with 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 ordinance of the City to all applications such as the subject application. 20.2 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 within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self-identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made envirornnent while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAI;Jlli SUBDIVISION (AZ-OO-009) / ( 20.6 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 ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Grd. No. 629, January 4,1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) ( ( include: 4.1 To preserve Meridian's environmental quality and to Inake provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in 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 within the Urban Service Planning Area. 4.3 To encourage the ldnd 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 within 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYGEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDIVISION (AZ-OO-009) ( ( 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. 4.B Comprehensive Plan Policies: The policies listed below most directly apply to the proposed project: Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and low- density development in outlying areas (Comp. Plan Policy 1.4U, pg. 23). Residential developments shall be phased in accordance with their connection to the municipal sewer system (Camp. Plan Policy 1.7, pg. 67). 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at ~ 11-7-2 CH as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the City. 6. 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 City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7 . The development of the annexed land, if annexed, shall meet and comply FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYGEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) (f with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Sectio11 12-5-2 N, which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. 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 owner or developer make a written commitment concerning the use or development of the subject property. If a commitment 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 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 owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) { ( ( \, 1. The applicant's request for annexation and zonIng of approximately 100.9 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 100.9 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer 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, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Any eXIstIng irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Worl(s Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. 3.3 Off-street parldng shall be provided in accordance with City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) ( ( Zoning and Development Ordinance (Ord. 11-13). 3.4 A drainage plan designed by a State of Idaho licensed architect or engineer shall be 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. 3.5 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 1 2-5-2.M. 3.6 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 shall be pennitted. 3.7 Provide five-foot-wide sidewall<s in accordance with City Ordinance (Ord. 12-5-2.IC). 3.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.9 Applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 3.10 Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees shall be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 3.11 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. 3.12 The well lot shall be designated access to the north parcel and access to the southeast quarter. The out parcels shall be annexed. 3.13 Applicant shall be required to develop a minimum 30 foot pathway along the south boundary of the proposed Phase 5 and that shall be required to be rough graded at the developer's expense. In order to FINDINGS O~ FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FNRE SUBDIVISION (AZ-OO-009) ( ( accolnmodate the 30 foot pathway the affected lots shall be shortened in depth by 1 0 feet. 3.14 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 3.15 Applicant shall provide a letter of credit, in the sum of the value of the proposed park land based on the actual acreage and the applicant's purchase price. The surety shall be provided upon approval of the final plat for Phase 1 of Autumn Faire. It shall be exercisable by the City in the event that three years elapse from the approval of the preliminary plat for Autumn Faire, and the park land or substitute property has not been transferred to the City. The applicant will post a letter of credit with the City in the amount of $204,000. This letter of credit will be in lieu of park impact fees for Phases One through Five of Autumn Faire. The proposed parle land shall be transferred upon approval of the final plat for proposed Phase Five. The letter of credit will expire when the park land has been conveyed and accepted by the City. 3.16 The surety shall become void upon transfer of the proposed parle land or s~bstitute property in Phase 5 to the City of Meridian. 3.1 7 The City shall waive park fees associated with Autumn Faire because of the condition related to donation of parle land or exercise of the letter of credit. 3.18 Applicant shall transfer the park land to the City upon approval of the final plat for Phase 5 of the project, and park land to be the site referred to at hearing as being in Autumn Faire No.2 or an alternative site in Autumn Faire No.1. 3.19 Applicant shall provide stubbed street, sewer and water to the proposed parle as part of the construction of Phase 5 of the project. 3.20 If, at approval of the final plat of Phase Five, applicant does not deed the 6.8 acre parle to the City, and if the applicant fails to provide 6.8 acres or more of parle space in Phases Three, Four or Five of Autumn Faire, or if more than three years elapse after adoption of these Findings and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) /~' parle site has not been donated, then, the letter of credit shall be exercisable in favor of the City. If the 6.8 acre park site is donated as represented by the applicant within three years of the date of adoption of these Findings, the letter of credit shall become void. 3.21 Applicant, at its expense, will provide stubbed street, sewer and water to any proposed park site during construction of Phase Five of Autumn Faire. 3.22 Applicant agrees, at City's option, to provide rough and fine grading of the park site. City shall reimburse applicant for the unit cost (but not move in, move out, or mobilization costs) of the rough and fine grade work done on the park site. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code 9 11-7-2 C. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order, the engineering staff of the Public W orles Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please ta]<e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521, an affected person is a person who has an interest in real property which may be adversely affected by the issuance or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNExATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDIVISION (AZ-OO-009) ( ( (' ( denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seel, a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / q~ day of ~f}IeI1./~ I , 2000. ROLL CALL COUNCILWOMAN CHERIE McCANDLESS VOTED $-~ VOTED $tL..- VOTED~ VOTED --fJt:-tt- VOTED --- COUNCILMAN RON ANDERSON COUNCILMAN I<EITH BIRD COUNCILWOMAN TAMMY deWEERD MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: 9-11 -,(JO MOTION: APPROVED: ~SAPPROVED: Copy served upon Ap~licant, the Planning and Zoning Departme.nt, P~RJA~'~t<r,;ks . . Department and the CIty Attorney. . ,:\",'\-~ OF Ul:J:t,,;'IIII,r '\,.......' ~ ~ ~<)!. ....~ vi - .b ~ h ~ (2 9 / a tJ t7 ;* Q ~&9P0Ft<t~;-1~ \ By:,.:e!k!t~, ry r Dated: - -/- !. SEAL ~ CIty Clerk -= ~ rt1 ~ -:. 'G: rs;: ~ ~ '\.--4'( / "C!) (:) .:::- ~ '0_ ,-3r 16-\'''' ~ ~ ..~.." msg/Z:\Work\M\Meridian\Meridian 15360M\Autumn Faire Sub AZ and PP\AZFfClsOrder.wpd ~/ o:Kj a . ~~~,~tl- '2./.;, '(){J,J:?J,'~it..{ \.V ,\" ')'J/ .~' ._l- · \\\\.... li~""-~:n..t~l~~\t\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-OO-009) ,. :--~~",' t~. / , J '... \ CITY OF MERIDIAN ORDINANCE NO. fJCf I BY: ):e/fA-/hi-cL ~ t!t;, &tvnJ/m~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTIONS 11-15-5 B. 1. b., 12-3-3 I. 1., and 12-3-5-B., PERTAINING TO MAILING OF NOTICES REGARDING HEARINGS ON LAND USE APPLICATIONS, AND PROVIDING THAT SUCH MAILINGS SHALL BE BY REGULAR FIRST CLASS MAIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, current City Code requires that certain notices be sent by certified mail; and WHEREAS, this type of mailing requires individuals to go to the Post Office to pick up the notices, which has created a significant inconvenience to those property owners to whom the notice is mailed; and WHEREAS, regular first class mail provides an adequate method for delivery of notices to individual property owners and is the method most likely to give them notice of the existence and pendency of a land use application; and WHEREAS, it has been detennined that using regular first class mail, instead of certified mail, will not reduce the effectiveness of the notices, and will result in cost and staff time savings. NOW, THEREFORE, BASED UPON THE FOREGOING FINDINGS, AND BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO: Section 1: read as follows: Meridian City Code Section 11-15-5 B. 1. b. shall be amended to 11-15-5 B. 1. b. Contents of Notice: Said notice, by regular first class mail, must be deposited with the United States Post Office at least fifteen (15) days prior to the hearing and said notice shall contain a vicinity map of the property, a brief statement of the nature of the application, the name and address of the applicant. Section 2: Meridian City Code Section 12-3-3 I. 1.. shall be amended to read as follows: 12-3-3 I. 1. Notification By Applicant: NOTICE OF MAILING ORDINANCE PAGE 1 OF 3 Section 3: as follows: 12-3-5 B. 1. Notification Of Property Owners: The City shall notify all adjoining property owners by mailing, by regular first class mail, notice of the hearing to all property owners within three hundred feet (300') of the proposed boundaries of the subdivision. Meridian City Code Section 12-3-5 B. shall be amended to read Notice Of Hearing: No final subdivision plat shall be approved until one public hearing before the Council has been held for the purpose of allowing public input on the proposed subdivision. This public hearing shall be held at the time of the presentation of the preliminary plat by the developer to the City Council. Notice of the public hearing shall be given by mailing, by regular first class mail, notice of the hearing to all property owners within three hundred feet (300') of the proposed boundaries of the sulxlivision, which mailing shall be completed by the developer and by publishing notice of said hearing in the City's newspaper of record at least one time fifteen (15) days prior to the date of such hearing, which publication shall be handled by the Administrator. The notice to be mailed to the adjacent property owners shall include a copy of the notice of hearing and a vicinity map of the area, which map shall show the proposed sulxlivision and the properties within three hundred feet (300'). Section 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 5: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination here from of any portion as may be declared invalid. Section 6: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. /9& Iq~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ~ ((:l.p-fe ~ he r , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of S.eLJ-re 1rL--b-e-r , 2000. , NOTICE OF MAILING ORDINANCE PAGE 2 OF 3 ~~ ATTEST: ayo \ , , \ \ tt HI " 1/ i I ,'-":'. Of J.4EF?/,~'I'I/ ,~ ~~ ~Vl /.1'.... ,~ A..... r,yf} ~ ? ! v-. ..!jO'i>P0it4 'r~ r fIT ~... ~ .::r ~ ~ g : SEAL ~ C'J , ~ ~~ ~ ~..,o ~hSl 15\ ~ P .! --;'...."-1' ('~~ ....~ /;t/ c:r,:. \"'.. ~ \~ ,~ .I //ft - (, N ~ '! t \ \ \ \ 1//1, ,:\;.t"j\\\ Z:\Work\M\Meridian 15360M\PLANNING AND ZONING FILE\P Z ORDINANCES\Notice ofPublicationOrdCLEAN.wpd NOTICE OF MAILING ORDINANCE PAGE 3 OF 3 ( September 15, 2000 Resolution MERIDIAN CITY COUNCIL MEETING APPLICANT City of Meridian REQUEST Resolution - Franchise Transfer to Cable One September 19, 2000 ITEM NO. 4 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: See attached Resolution f~~f3 ~ ry;sP ~VJ/ Date: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. ( interoffice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichol Subject: Franchise Transfer to Cable One Date: September 12, 2000 Will: Please find attached the original of the Resolution pertaining to the transfer from AT&T to Cable One. This matter will need to be placed upon an upcoming Council agenda for approval. If you have any questions concerning this matter please so advise me. msglZ:\Work\M\Meridian I 5360M\AT & T Transfer to Cable One\Berg091300.mem ( ( RESOLUTION NO. $;J.f} RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE WHEREAS, United Cable Television Corporation ("United~') owns, operates and maintains a cable television system (the "System") in the City of Meridian, Idaho (the "Franchise Authority"), pursuant to a cable franchise (the "Franchise"), and United is the duly authorized holder of the Franchise; WHEREAS, United, various affiliates of AT&T Corp. and Cable One, Inc. ("Cable One") are parties to an Asset Exchange Agreement dated as of August 3, 2000 (the "Exchange Agreement"), that provides for the transfer of the System and the Franchise from United to Cable One (the "Transfer") at the closing of the transaction contemplated by the Exchange Agreement (the "Closing"); and WHEREAS, United and Cable One have requested consent by the Franchise AuthorIty to the Transfer in accordance with the requirements of the Franchise and have filed an FCC Form 394 with the Franchise Authority; and WHEREAS, the Franchise Authority has investigated the qualifications of Cable One and finds it to be a suitable transferee. NOW, THEREFORE, BE IT RESOLVED BY THE FRANCmSE AUTHORITY AS FOLLOWS: SECTION 1. The Franchise Authority hereby consents to and approves, subject to applicable law, the assignment by United of its right, title and interest in the Franchise to Cable . ., One, and the assumption by Cable One of the obligations of United under the Franchise which arise from events or circumstances occurring from and after the Closing. SECTION 2. The Franchise Authority confirms that: (a) the Franchise is currently in full force and effect and expires on July 10, 2011; (b) United is materially in compliance with the provisions of the Franchise; and (c) there exists no fact or circumstance known to the Franchise Authority which constitutes or which, with the passage of time or the giving of notice or both, would constitute a material default or breach under the Franchise or would allow the Franchise Authority to cancel or terminate the rights thereunder, except upon the expiration of the full term of the Franchise. SECTION 3. This Resolution shall be deemed effective for purposes of the Transfer upon the Closing. 123186 ( ATTEST: fJ III \\\\ . 111I ",\.\ '" Of l:f?'f\ 111// ....,' ~~ .'./.../4 //,., _:-_........! U. oWO/ttt ).. ';g, ~ ~ ~CJ '~ % 9 [ SEAL ~ I ; ~ r? ~.~ ~G", '\~..o 2 ~ ~ ~ I lS""{ ~ ~.$ ~~ '1~ ..C\~ ...,~' ~"t':\ '~~ ""' ..~ J' ~ I 1'1 J ,. , · ' 111111 .,~..\., ************~*~~~****** PASSED, ADOPTED AND APPROVED thi By: I, the undersigned, being the duly appointed, qualified and acting Clerk of the City of Meridian, Idaho, hereby certify that the foregoing Resolution No. :3 g B is a true, correct and accurate . copy as duly and lawfully passed and adopted by the governing body of the City on the !!!!!day of ~ ,2000. . _ By: 123186 September 15, 2000 Resolution MERIDIAN CITY COUNCIL MEETING September 19,2000 APPLICANT City of Meridian ITEM NO. REQUEST Resolution - Schedule of Fees for Fall 2000 Classes 5 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Resolution "i- y-{} tL~P 1,,,Q ~J~}1~ ptS~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. Wm. F. Nichol 1/!J RESOLUTION ON SCHEDULE OF FEES FOR FALL 2000 CLASSES From: Subject: File: 4.9.14.1 Date: September 13, 2000 Will: Please find attached the originals of the Resolution and the Certificate of Clerk, in regards to the above matter. This item is now ready for City Council, and I believe it is set for this Tuesday's City Council meeting, September 19, 2000. If you have any questions please advise. msglZ:\ W ork\M\Meridian 15360 M\Parks\ClerkResCertofClkF allClasses2000.1 tr /- - RESOLUTION NO. 339 BY: !dl-;n.lnvj d~ /fJ.eucG v A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAIGNG CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES FOR SERVICES FOR NEW FALL 2000 RECREATION CLASSES. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: FINDINGS: Pursuant to the authority of this City to operate and maintain recreational and cultural facilities and activities, and to establish fees for services pursuant to ~ 63-1311; and it being found in the best interests of the City to conduct and provide various recreational activities as herein provided, and it being found that there are costs to the City to provide such activities and that the fees herein established are reasonably related to, but do not exceed, the actual cost of providing those services. SECTION 2: ADOPTION OF FEE SCHEDULE: The Schedule of Fees for services and activities for the new fall 2000 recreation classes are listed herein below are hereby approved, established and authorized to be collected as follows: Men's Baslcetball League Christmas Rubber Stamping Class Parent/Child Tumbling Class 3-4 yrs. Tumbling Class 12 & older Tumbling Class Beginning Boys Gymnastics Beginning Girls Gymnastics Cheerleading $250.00 $ 14.00 $ 40.00 $ 40.00 $ 40.00 $ 44.00 $ 44.00 $ 40.00 111-11.... PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this {-f --day of Sq;~~ ,2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this It? f!:: day of c.Qj)fe }-yo-~ , 2000. , CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. 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, with its principal office at 33 East Idaho, Meridian, Idaho. . 2. That as the Ci:y Clerk of this /4' I am the custodian of its records and mmutes and do hereby certIfy that on the I:!:- day of ~leh~, 2000, the following action has been tal(en and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAIGNG CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES FOR SERVICES FOR NEW FALL 2000 RECREATION CLASSES. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: FINDINGS: Pursuant to the authority of this City to operate and maintain recreational and cultural facilities and activities, and to establish fees for services pursuant to 9 63-1311; and it being found in the best interests of the City to conduct and provide various recreational activities as herein provided, and it being found that there are costs to the City to provide such activities and that the fees herein established are reasonably related to, but do not exceed, the actual cost of providing those services. SECTION 2: ADOPTION OF FEE SCHEDULE: The Schedule of Fees for services and activities for the new fall 2000 recreation classes are listed herein below are hereby approved, established and authorized to be collected as follows: Men's Basketball League Christmas Rubber Stamping Class Parent/Child Tumbling Class $250.00 $ 14.00 $ 40.00 ( 3-4 yrs. Tumbling Class 12 & older Tumbling Class Beginning Boys Gymnastics Beginning Girls Gymnastics Cheerleading \\\\\lHlllIIJII \\\\ lJJl:'n III ,\.\'..... Of 1'K..F'(/j)J 111/ ,'\ A.. '" v/~ // ~'(j' ~O;:)A -7,} ~ ~ 00 ~Vfr~ ~ ~ ~ () ~ ~ - E = - SEAL - ; [;> .:- ~ <:)! ,,OJ...o ::: ~"O "G~Si 15\ · ~- ~ .......... ~) ^~ . '" ;/.... f a ~ " ~/ //;'j Oum'!, \ \\", ~I \\' STATE OF IDAHu/IUHs1I'" : ss. $ 40.00 $ 40.00 $ 44.00 $ 44.00 $ 40.00 William G. Berg, Jr. County of Ada, On this I q.f!J day of S&pk~ 2000, before me, Sktbiffi -t:' ~/~^, , a Notary Public, appeared WILLIAM G. . RG, JR., known r identl led to me to 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) 'tt-~09l!DlJl1 .0 -a tJ~. .~ ~ ~:..--~9 .0 ~~~OT~~~o~ :t:J:J:/ ~ ..A '~c :txlf ~ ~ ~ \N~ eJCf)~ 1;lif ~ ~ :>: II \ , I!I ~ \ / l3 $ ~', A-_. C / i;tQ ..~1i~~~~~'~Oo~ "00. OF IDe 000 a.aaC Nota hI. for Idaho Commission Expires: q ~J1p ---fIb z:\ W ork\M\Meridian 15360 M\Parks\CertClekF a112000 FeeSchedule ( /" { BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PROJECTS WEST, INC. FOR APPROVAL OF FINAL PlAT FOR PACKARD ACRES SUBDMSION NO.4, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5 T3N RIB, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) CASE NO. FP-OO-OI6 ORDER OF CONDITIONAL APPROVAL OF FINAL PlAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on September 19, 2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freck1eton, Assistant to City Engineer, listing 7 General Comments and 18 Site Specific Comments, which are herein found fair and reasonable, and that a representative of the Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Connell takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PlAT FOR PACKARD ESTATES SUBDIVISION NO.4 (FP-OO-016) .. 1 1. The Final Plat of "PACKARD SUBDMSION NO. 4ft as evidenced in Plat bearing the Engineer's stamp dated 08-27-00, TEALEY'S lAND SURVEYING, PACKARD ESTATES DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freck1eton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated September 1, 2000, listing 7 General Comments and 18 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit ((A", and consisting of three pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Fire Chief, Kenny Bowers, requires that all codes will need to be met; that streets, street name signs, and hydrants will need to be installed before building is started; and that all common lots will need to be kept clear of trash and weeds. 1.2 The Nampa & Meridian Inigation District requires that a Land Use Change/Site Development application be filed for their review prior to final platting. All laterals and waste ways shall be protected. All municipal smface drainage shall be retained on site. If any smface drainage leaves the site, the Nampa & Meridian Inigation District shall review the drainage plans. The developer must comply with Idaho ORDER OF CONDITIONAL APPROVAL OF FINAL PlAT FOR PACKARD ESTATES SUBDMSION NO.4 (FP-OO..OI6) - 2 Code 31-3805. It is also recommended that irrigation water be made available to all developments within the Nampa & Meridian Inigation District. 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 ~igned 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 September 19, 2000. Copy served upon Applicant, the Planning and Zoning Department, the Public Warks . \ \ \ \ \ \t-l-I( " 1111 Department, and the CIty Attorney. ,~\\:~ OF Mf)::J/"."~);~-:.. ,,"'" "<.,, ' l,(t')" .I",. '. .,' ~~ ~~ ~ ~ f (j .cPY\Pol14h ~ %-. :~ ~ <<=> ~ .f ~ Dated: a~/r/(}O ORDER OF CONDITIONAL APPROVAL OF FINAL PlAT FOR PACKARD ESTATES SUBDNISION NO.4 (FP..OO-016) - 3 msg\Z:\ Work\1-Nv1eridian 15360M\Packard Sub FPlats\FPOrderNo.4.wpd ORDER OF CONDITIONAL APPROVAL OF FINAL PlAT FOR PACKARD ESTATES SUBDMSION NO.4 (FP-OO-016) .. 4 J\L\YOR Robert D. Corrie HUB OF TlUi.ASURE VALlEY (- t\ Good Place to Live ( CITY OF MERIDIAN LEG1\L DEP ARThIEt"JT (208) 288-2499 . F~"'\: 288-2501 Ron Anderson Keith Bird T 31Tlfl1Y de \treerd Cherie .ivfcCandless 33 EAST IDAHO IvlERIDIAN, IDAHO 83642 (208) 888-4433' F.A...X (208) 887-4813 City Gerk Office Fa."{ (208) 888-4218 PUBUC WORI<:S BUILDlJ:'JG DEPARThfENr (208) 887-2211 . Fa..-.;: 887-1297 CITY COUNCIL JvlE1vlBERS PL.u'-JNmG Al"\JU ZONil'JG DEP.ARTIvLENf (208) 884-5533, FA...'X 888-6854 MEMORANDUM: September 1, 2000 To: Mayor and City COlUlcil Bruce Freckleton, Assistant to City Engineer ~ Shari Stiles, Planning & Zoning Administrator ~ From: Re: Request for Final Plat Approval for PACKARD SUBDIVISION NO. 4 by Packard Estates Development, LLC - 38 Residential Building Lots and 1 Common Area Lot - (FP-OO-016) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in fuD, unless expressly modified or deleted by motion of the Meridian City Council: SITE SPECIFIC COMMENTS: 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be connected to the existing system within Packard Subdivision. The common areas within the development will be subject to City of Meridian water assessments for the domestic backup. 3. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 4. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to any building permits being issued. Landscaping shall be installed prior to obtaining certificates of occupancy. 6. Applicant shall be responsible to construct a six-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. Mayor and City Council ( c; September 1, 2000 Page 2 7. Please change the reference at the northeast comer of Lot 4, Block 10 to read ...SUBD. NO.3 8. Revise, delete or add the following notes: (9.) .. . shall be a minimum of -l-;4OO 1'1600 square feet in size... 9. Add "EAST 'l4 CORNER, SECTION 5" reference to the appropriate point on the face of the plat. 10. Graphically depict IO-foot-wide Public Utilities, Drainage and Irrigation easements along side lot lines that will parallel pressurized irrigation main lines. 11. Graphically depict five-foot-wide Public Utilities, Drainage and Irrigation easements along the following lot lines: The north lines of Lot 33, Block 4; Lot 27, Block 9; Lot 16, Block 9; Lot 4, Block 10; and the southwesterly side of Lot 38, Block 4. These lines are side lot lines against existing phases of Packard Subdivision. 12. Detailed landscaping plans for all common areas, including species, size, quantities and locations, and pedestrian walkways must be submitted for approval to the Planning & Zoning Department prior to City Engineer signing Final Plat. 13. Lots 4 & 6, Block 10, and Lot 25, Block 9, don't meet the minimum 80 feet of street frontage required in an R-4 zone. Please make appropriate adjustments to adjacent lots in order to provide the required frontage on these lots. . 14. Lot 14, Block 10, does not meet the minimum 40-foot chord requirement for a culdesac lot. Please make appropriate adjustments to adjacent lots in order to comply with City Ordinance. 15. Add "Front Orientation of House" arrows to Lot 24, Block 10, towards N. Justin Way and to the plat legend. This is required due to less than minimum lot frontage on E. Moog Way. 16. Sanitary sewer service to this project will be via the existing mains that traverse through the adjacent phases of this development. Applicant will be responsible to construct the sewer mains to and through this proposed development.. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 17. Water service to this site will be via an extension of an existing main installed in prior phases of this development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Mayor and City Council ( September 1, 2000 Page 3 18. Design of sidewalks adjacent to roadways shall provide a minimum of five feet clear area, exclusive of mailboxes. Previous phases of this development have large mailbox structures constructed within the walkway area. GENERAL COMMENTS: 1. Any existing active irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users associatio~ 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. 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. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit a "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 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. Please respond in writing to each of the comments contained herein, both General and Site Specific, prior to the September 5, 2000 meeting of the Meridian City Council. September 15,2000 MERIDIAN CITY COUNCIL MEETING APPLICANT September 19, 2000 ITEM NO. Discussion 21 REQUEST Continued discussion from 9/13/00 of the sale of the Old Fire Station Property I Notice to Accept Bids 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS ~ fiVcJ ,~ r" ~.~ (); See attached comment Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST COMPASS 2020 Destination Plan September 15, 2000 September 19, 2000 ITEM NO. 22 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS \J~ ~~ See attached comment Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live - - qt ......Wl.~.......... . .. . Of-IO[ -1J 0 .. . . .. [~TOl .......I.J.eMA-ND. 2,7... 97 b I (208) 884~5533 · Fax 888-6854 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAr 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Wi II , Last week, you.said the City Council did not act on the Destination 2020 Plan (Compass transportation document) at their meeting because they did not know what to do with the memo I wrote that was in their packets. You asked me to write up something clarifying why this item is on their agenda. At their 7-18 meeting (the one with Erv Olen), the Council requested that I consolidate my previous two memos with recommended changes to the 2020 Plan into a single memo for their review. Tammy's motion also stated that I should compare the 2020 Plan with the Meridian Transportation Committee's project list and make sure all those projects were included in the 2020 Plan. I did that. The Council basically already approved of Staff's recommended changes to the 2020 Plan, they simply wanted all of the changes consolidated into a single memo. Now, the Council needs to formally adopt the Destination 2020 Plan with our recommended changes and then forward our changes (my memo) to Charles Trainor at Compass so the Compass Board can review them for their final adoption in November. 4 think another option might be to recommend the Destination 2020 Plan be adopted by reference in the new Comprehensive Plan, not adopting it now by itself. But we should check with Compass if they want to ~b this route. I don't recall if they left the 2020 Plan public hearing open or closed it pending my revised memo. Brad Hawkins-Clark RECEIVED SEP 1 5 2000 CITY OF MERIDIAN CITY CLERK OFFICE September 15, 2000 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT ITEM NO. 23 REQUEST Water, Sewer and Trash Delinquencies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: pf~ See attached comment Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ( DELINQUENCY FOR TURN OFF SCHEDULED FOR 09/20/00 RECEIVED SEP 1 S 2000 aTY Of NEiIDIAN 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, September 19,2000, 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 September 20,2000, 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 turn-off list is $44,929.47. -...... CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Sep 19,2000 03:59pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non~Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 34.3240.2 ABBOTT, REBECCA 330.05 218.08 111.97 08/03/2000 132.88 - 21 . 1 000. 1 ADAMS, SEAN & SHIRLEY 201.69 121.84 79.85 08/14/2000 58.78 - none 34.0342.2 ADAMS, TROY 384.69 229.01 130.28 25.40 08/09/2000 101.19 - 2.4740.1 ALBRECHT, JUDY 145.66 88.37 57.29 07/27/2000 46.38 - none 74.2452.1 ALLEN, RICHARD L. 139.98 67.53 72.45 08/15/2000 76.14 - none 34.2730.1 ALVEREZ, ROSALIa 101.82 57.76 44.06 08/16/2000 30.37 - none 51.0050.1 AMYX FAMIL Y LIMITED 558.31 558.31 none 21.1784.1 ANDERSEN, SHARRON 1 06.01 94.36 11.65 08/22/2000 75.00 - none 5.0160.1 ANDERSON, GORDON & JUDYT~ 341.78 227.79 113.99 08/15/2000 56.18 - none 21.0194.1 ANDERSON, SHAUN & SHAUNA 260.96 180.46 80.50 08/09/2000 57.13 - none 3.0840.1 ANDERSON, VICKY 98.92 66.23 32.69 07/28/2000 37.61 - none 51.2678.1 ANDON COMPANY 359.87 247.02 112.85 08/15/2000 201.66 - 51.2680.1 ANDON COMPANY 278.50 62.95 158.14 57.41 08/15/2000 158.14 - none 2.2320.1 ANDREWS, CONAN 247.90 76.24 73.61 61.15 36.90 09/18/2000 100.00 - none 68.0310.1 ANJEWIERDEN, PAUL 78.25 42.98 35.27 08/09/2000 35.27 - none 21.2070.1 ANKENMAN, MICHAEL A 95.36 52.15 43.21 08/16/2000 45.67 - none 2.6300.1 ANSON, PATRICIA 160.55 111 .23 49.32 08/16/2000 59.00 - none 68.0070.1 ARES, TONY 110.05 49.27 60.78 08/31/2000 60.00 - none 21.1708.1 ARTE, MICHELLE & RICK 190.60 118.71 71.89 08/16/2000 80.00 - none 33.0766.1 ASPEN HILLS APARTMENTS 1,844.17 976.17 868.00 08/21/2000 77.33 - none 51.3370.1 ATWOOD, CINDI 123.80 71 .29 52.51 08/14/2000 56.20 - none 51.0354.1 AUDIO ELECTRONICS 1 09.08 64.01 45.07 08/16/2000 83.37 - none 64.3040.2 AVERY, WILLIAM 86.23 50.66 35.57 07/27/2000 37.12 - 21.2736.1 BAILEY, MICHELLE 155.76 87.40 68.36 08/17/2000 75.00 - none 2.3550.2 BAILEY, PEGGY 71.09 44.09 27.00 08/02/2000 30.00 - 51.0694.1 BAILEY, PEGGY 75.83 44.23 31.60 08/15/2000 35.29 - none 69.1040.1 BAILEY, RONALD & CAROL YN 289.19 243.70 45.49 09/08/2000 288.00 ~ none 3.0326.1 BAIN, RAND 198.61 122.84 75.77 07/20/2000 214.45 ~ none 34.1860.1 BAISLEY, TERRENCE 167.30 73.36 93.94 07/25/2000 42.28 - none 33.3696.1 BAITHAVANG. CHAREN 115.79 77.89 37.90 08/01/2000 100.00 - none 34.0632.1 BAKER, JAMES & SHIRLEY 85.00 50.66 34.34 06/13/2000 35.57 - none 69.0590.1 BAPTISTE, MONTGOMERY 268.74 141 .75 126.99 08/15/2000 93.78 - none 21.1894.1 BARNHART, CLINTON 175.80 94.66 81.14 08/16/2000 30.00 - none 22.1740.2 BARNHART,RYAN 99.73 54.07 45.29 .37 08/16/2000 40.00 - 21.3036.2 BARR, GERALDINE 139. 1 9 82.06 57.13 07/26/2000 46.06 - 42.1966.1 BARRY, CLAY A 262.64 157.93 104.71 08/15/2000 96.10 ~ none 31.3060.1 BASTIAN, DAVID 164.31 1 08.61 55.70 08/15/2000 60.00 - none 31 .3042.1 BEAN, ALAN & JENNY 255.75 150.18 105.57 08/15/2000 84.66 - none 31.3400.2 BEAN. DONOVAN 163.80 75.91 46.06 27.61 14.22 08/08/2000 41 .00 - 14.5010.2 BEAUCANNON, JUSTIN 54.07 40.24 13.83 08/17/2000 50. 00 ~ 34.0942.1 BECK. JIM 125.59 71.57 54.02 08/14/2000 58.94 - none 32.0950.1 BECKER, NICHOLAS 260.43 168.30 92.13 08/16/2000 63.00 - none 46.0448.1 BEERY, LON 188.23 1 01 .25 80.01 6.97 08/16/2000 50.00 - none 22.1560.1 BEESE, JEFFREY 140.63 82.78 57.85 08/15/2000 48.01 - none 22.2264.1 BELDEN, DANNY & JANELLE 114.76 61.85 52.91 07/19/2000 93.52 - none 2.5690.2 BELL. DERRICK 257.43 170.62 86.81 07/21/2000 162.74 - 33.2316.1 BELL. LILLY 96.63 47.25 49.38 07/19/2000 76.62 - none 33.1828.1 BELL, RONALD & JULIE 129.95 76.21 53.74 08/15/2000 45.13 - none 46.0836.1 BENNETT, GREG 65.99 35.62 30.37 08/14/2000 37.75 - none 2.3600.1 BENNETT, HOWARD 74.60 44.23 30.37 08/14/2000 27.91 - none 19.6688.1 BENNETT,MASON 94.52 54.19 40.33 08/14/2000 39.10 - none *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Sep 19,2000 04:00pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 51.3076.2 BENTLEY, DEAN & PHYLLIS 300.64 154.86 118.20 27.58 51.2623.1 BENTLEY, DONALD 348.30 233.28 115.02 08/09/2000 113.40 - none 51.2622.1 BENTLEY, DONALD 253.18 133.07 120. 11 08/09/2000 120.11 - none 2.1860.1 BEVINGTON, H LARUE 105.07 62.54 42.53 08/16/2000 32.69 - none 74.3296.1 BIENAPFL, ROB & CARMEN 65.34 32.67 32.67 08/18/2000 30.21 - none 50.1460.1 BIG M UPHOLSTERY 215.52 76.16 69.68 69.68 06/20/2000 69.68 - none 21.1754.1 BINGHAM, KEVIN W. 215.34 133.05 82.29 08/16/2000 90.90 - none 21.2910.3 BIRDSONG, DONALD 128.32 114.46 13.86 74.2724.1 BISHOP, CALVIN 220.13 120.06 100.07 08/18/2000 80.00 - none 4.1834.1 BITONI, MARK 180.06 109.26 70.80 08/0212000 54.81 ~ none 33.2764.1 BLAKE, TRAVIS 118.66 63.80 54.86 07/27/2000 53.63 - none 4.2200.1 SLAYE, LUCREZIA 203.99 1 20.61 83.38 08/01/2000 63.15 - none 33.2730.1 BLEAZARD,BARRETT 62.02 34.25 27.77 06/20/2000 53.08 ~ none 21.3042.1 BLUMENSCHEIN, GEORGE 298.02 166.93 131.09 08/14/2000 73.12 - none 33.4154.2 BOBKO, RAYMOND 206.1 0 133.51 72.59 08/16/2000 87.67 - 21.3290.2 BOBKO, RAYMOND 462.01 287.83 174.18 08/29/2000 133.75 - 51.3019.1 BOISE BASIN ELECTRIC 166.86 113.40 53.46 08/03/2000 61.56 - none 52.0246.1 BOLO'S PUB & EATERY 905.88 381 .17 524.71 08/24/2000 304.98 - none 72.0164.1 BONFRISCO, LOUIE & JENNELL 153.23 88.30 64.93 08/08/2000 22.25 - none 46.0468.1 BORCHARDT, KEVIN & TINA 99.64 48.06 51.58 07/20/2000 67.09 - none 34.1880.1 BOUR, SHANNON 189.91 143.49 46.42 09/15/2000 50.00 - none 51.3810.1 BOWEN, MARK 188.71 121.58 67.13 08/14/2000 85.58 - none 32.1372.2 BOYD, JAMES 77.34 43.14 34.20 08/16/2000 32.97 - 20.1928.1 BOYD, STANTON 1 56.32 125.67 30.65 09/06/2000 66.30. none 5.0802.1 BOYLE, JOHN 182.83 150.85 31.98 08/17/2000 119.91 - none 74.3588.1 BRAINARD, ERIC 61.37 34.99 26.38 07/17/2000 58.91 - none 34.0420.1 BRENEMAN, JEFFERY 242.44 149.06 93.38 08/15/2000 125.09 - none 1.0800.1 BREWER, SID & SHELL Y 114.55 41.63 42.69 30.23 07/20/2000 376.45 - none 22.1330.2 BRIAN MAHANEY 284.28 173.67 110.61 07/25/2000 97.08 - 32.0926.1 BRIGGS, NADINE 254.36 162.87 91 .49 08/15/2000 70.00 - none 31.2306.1 BRIGHT, LEANN 166.53 140.01 26.52 09/13/2000 70.00 - none 21.2564.3 BRINEGAR, E.E. 47.16 16.65 15.09 8.94 6.48 05/09/2000 15.00 - 2.1300.1 BRINEGAR, E.E. 1 01 .27 56.95 44.32 08/09/2000 36.94 - none 4.1674.1 BRINKERHOFF, JOHN 287.98 139.90 94.06 54.02 07/19/2000 100.00 - none 19.4456.1 BROOKS FULLER HOMES 76.62 47.78 28.84 08/16/2000 68.75 - none 51.0334.1 BROWN, MATTHEW & JULIE 113.24 45.60 67.64 09/01/2000 50.00 - none 42.3072.1 BROZOVICH, MARC 62.02 37.94 24.08 08/03/2000 24.08 - none 31.3306.1 BRYANT, JAMIE 468.64 318.82 149.82 08/16/2000 66.18 - none 22.1020.2 BRYANT, JOHN 167.41 125.69 41.72 74.3226.1 BUCHSIEB, GWENDOL YN 106.65 39.10 67.55 08/15/2000 42.79 - none 32.1092.2 BUCKLEY, WilLIAM 279.89 183.08 96.81 07/20/2000 96.1 3 - 34.1844.1 BUFFAT, STEPHEN 251.67 151 .83 99.84 08/14/2000 96.15 - none 19.4438.3 BURCHFIELD, DARRELL 92.38 55.58 36.80 07/26/2000 31.88 - 19.7150.2 BURCHFIELD, DARRELL 84.84 40.66 44.18 07/21/2000 64.08 - 2.2722.1 BURKMAN, JULIA 234.84 158.79 76.05 07/17/2000 127.50 - none 69.0182.1 BURNS, DONALD 68.59 29.91 38.68 07/21/2000 67.36 - none 2.4890.2 BURNS, EMMETT 206.45 11 0.77 95.68 08/15/2000 48.94 - 34.1456.1 BURROUGHS, JEFF 92.66 53.26 39.40 08/15/2000 40.63 - none 42.2460.1 BURTON, JACK 184.07 113.11 70.96 08/16/2000 70.96 - none 4.2308.1 BUTTERFIELD, CHARLES & TON 274.49 153.32 121.17 07/20/2000 190.36 - none 14.5047.2 BUZZELL, KYLE 66.90 37.92 28.98 08/10/2000 33.90 - 32.1452.1 BYRNE, JASON 92.67 36.85 39.14 16.68 07/21/2000 66.70 - none 32.1570.1 CALDWELL, PATRICK 81.59 46.97 34.62 08/11/2000 35.00 - none 74.0402.1 CALLAWAY, LAUREL 66.61 35.15 31 .46 08/11/2000 32.69 - none 21.0522.1 CALWELL, MARC 63.00 37.78 25.22 08/11/2000 40.00 - none *** in Msg column indicates no Notice is to be sent ( ,- CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Sep 19,2000 04:01 pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 22.1106.1 CAMPBELL, HARVEY & LEONA 189.32 140.45 48.87 08/24/2000 68.00 - none 22.1050.1 CANON, BILL & BETSY 485.66 323.56 162.10 07/18/2000 152.00 - none 4.1796.1 CAPRAI, JOHN & SARAH 284.24 180.37 103.87 08/16/2000 80.00 - none 32.0958.2 CARDINAL, INC 79.58 44.51 31.88 3.19 3.0048.2 CARLO, CHRISTA 97.69 55.16 42.53 08/10/2000 35.31 - 2.4590.1 CARNAHAN, JOHN 90.4 7 44.09 46.38 07/20/2000 48.16 - none 34.1808.2 CARPENTER,DOUGLAS 144.95 84.94 60.01 08/16/2000 46.48 - 65.0688.1 CARPENTER, GAIL 79.48 44.21 35.27 07/27/2000 34.04 - none 2.4340.1 CARRIER, RICHARD 127.10 71.71 55.39 07/18/2000 81.26 - none 50.0354.1 CARSTENSEN, DENNIS 89.03 40.68 32.97 15.38 07/19/2000 50.00 - none 2.5130.1 CASPERSEN,MAUREENK 160.07 93.73 66.34 08/16/2000 56.50 - none 32.0446.1 CAVINESS, WILLIAM A. 176.97 112.02 64.95 07/21/2000 57.57 - none 42.0302.1 CAWLEY, CELINA 123.33 77.30 46.03 09/06/2000 24.08 - none 42.2582.1 CHAPMAN, LORRI 1 98.08 112.95 85.13 08/14/2000 80.00 - none 22.0848.1 CHAPMAN, THOMAS 405.71 264.52 141.19 08/16/2000 133.81 - none 40.0236.1 CLARK, CURT 58.33 33.02 25.31 08/09/2000 25.31 - none 50.0206.1 CLARK, TERRY 99.62 37.77 27.77 34.08 06/19/2000 29.90 - none 5.0344.1 CLIFF, DWIGHT 179.78 117.73 62.05 08/09/2000 49.75 - none 35.0046.1 COATES CONSTRUCTION 88.82 38.36 31.88 6.48 12.10 21.1766.1 COFFMAN, RICK K. 196.82 121.33 75.49 08/16/2000 63.19 - none 50.2122.1 COLE, DANIEL & RENEE 81.94 44.21 37.73 07/17/2000 75.37 - none 22.1744.1 COLLINS, JENNIFER 161.65 88.37 73.28 08/01/2000 24.08 - 31.0796.2 COLLINS, LINDA 224.94 180.90 44.04 2.1650.1 COLLINS, TERRY 1 00.38 55.89 44.49 08/14/2000 39.57 - none 74.3650.2 COLSON, CHRIS 71.14 35.57 35.57 08/03/2000 31 .88 - 51.4170.2 COLSON, HOWARD 262.51 90.83 1 71 .68 07/19/2000 173.62 - 2.1920.1 CONRADI, JEFFREY 134.20 86.33 47.87 07/07/2000 40.49 - none 5.0518.1 COOK, ROBERT 250.77 161.22 89.55 08/14/2000 63.72 - none 42.2464.1 COOKE, PAUL 289.44 131.96 89.81 67.67 06/05/2000 50.45 - none 74.3816.1 CORDELL, TODD 83.92 35.41 48.51 08/15/2000 46.00 - none 2.1180.1 CORNISH, LAURA 116.70 64.05 52.65 08/11/2000 37.89 - none 52.0170.1 CORYELL, EARL 108.08 30.56 73.44 4.08 07/20/2000 20.00 - none 31.3420.1 COUCH, JULIA 122.64 83.59 39.05 08/23/2000 40.00 - none 21.1584.2 COWGILL, STEVE 67.85 35.32 32.53 08/16/2000 26.38 - 2.4770.1 COX, CHRISTI 1 77.1 0 1 00.40 76.70 08/09/2000 66.86 - none 22.0960.2 CRANER, DON 307.63 230.24 77.39 74.2834.1 CROWLEY, BILLY 149.71 68.09 81.62 08/15/2000 76.70 - none 35.1034.1 CROWN STUART 54.64 30.56 24.08 07/19/2000 24.08 - 51.0998.1 CULVER, WALTER 91.22 56.39 34.83 08/15/2000 40.00 - none 52.0240.1 0&0 10 FOODS 3,817.80 2,017.27 1,800.53 07/18/2000 1 ,329.44 - none 4.0686.2 DA ROSA, JULIE 1 01 .46 62.03 39.43 08/16/2000 40.00 - 74.0378.1 DAILEY, CHARLES 166.80 82.17 84.63 07/27/2000 57.81 - none 31.0830.2 DAIL Y, ROBERT 129.74 82.22 47.52 08/11/2000 42.00 - 2.0080.1 DALlCE PLUMBING 103.05 58.99 44.06 08/21/2000 29.14 - none 42.2388.2 DALY,BERT 224.21 154.80 69.41 08/16/2000 60.00 - 2.4330.1 OANNENHAUER,CHARLES 149.56 93.43 56.13 08/15/2000 50.00 - none 64.0002.1 DARRELL WILSON CONSTRUCT 125.23 125.23 none 22.1420.1 DAVENPORT,DUANE 243.34 128.94 114.40 08/16/2000 46.00 - none 34.1056.2 DAVIS, MIKE & MARY 49.67 38.36 11.31 74.1 058.1 DAVIS, NORMA 48.16 24.08 24.08 07/21/2000 24.08 - none 32.0540.1 DAVLIN, RICHARD L. 140.63 77.86 62.77 08/14/2000 50.47 - none 33.0282.1 DAY,ETHEL 64.48 36.71 27.77 07/07/2000 60.46 - none 2.0904.1 DECHAMBEAU, JOHN 54.64 30.56 24.08 07/13/2000 34.08 - none 21.3070.1 DECK, KIMBERLY 183.70 102.60 81.10 08/16/2000 55.00 - none 2.1610.1 DESILET, DENICE 111.14 97.42 13.72 09/08/2000 40.00 - none Hct in Msg column indicates no Notice is to be sent ( " CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Sep 19,2000 04:02pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 1.0770.1 DEUBER, THOMAS 135.86 135.86 none 46.4950.1 DEVELOPERS DIVERSIFIED 77.92 43.44 24.08 10.40 08/11/2000 9.60 - 46.4956. 1 DEVELOPERS DIVERSIFIED 138.67 90.72 45.36 2.59 31.0812.1 DICK, JERALD & AUDRIA 205.82 147.97 57.85 07/24/2000 113.24 - none 51.3930.3 DMK INVESTMENTS L.L.C. 133.29 72.96 60.33 08/18/2000 59.1 0 - 33.2594.2 DONALDSON, NEAL 68.13 39.15 28.98 08/14/2000 28.98 - 42.0394.1 DONELL Y, SCOTT & MARLA 152.40 115.27 37.13 08/23/2000 60.00 - none 4.1604.1 DOTY, DAVID 191.84 153.07 38.77 07/20/2000 50.00 - none 51.4320.1 DOUBLE-D SERVICE CENTER 399.48 123.72 275.76 08/15/2000 440.76 - none 20.1588.2 DREXLER, JOHN 381 . 15 351.87 29.28 07/13/2000 59.79 - 51.0698.2 DUEROCK, WALTER 174.49 31.79 29.00 37.77 75.93 04/10/2000 23.25 - 34.2802.1 DUNSTAN, BRETT & MICHELLE 144.67 77.42 67.25 07/27/2000 53.72 - none 4.1958.1 DUPLEX, HARRY 312.28 206.20 106.08 08/17/2000 75.33 - none 5.0172.1 EARNHART,KATHLEEN 252.74 138.55 114.19 08/16/2000 100.00 - none 42.2598.2 EASTBURN ,GARY 210.87 119.13 91.74 08/21/2000 88.21 - 21.2964.2 EBERLY,MARK 188.66 177.35 11.31 50.4602.1 EBORN, RICHARD 114.20 62.80 51 .40 07/19/2000 78.20 - none 74.3370.1 ECHIPARE, DOMINADOR 111.41 53.86 57.55 08/01/2000 42.79 - none 32.0556.1 EDDY, WILLIAM 124.75 74.84 49.91 07/24/2000 42.53 - none 48.1633.1 EDDY.S BAKERY 777.63 459.01 203.05 115.57 31.3034.1 EDWARDS, MARILYN 74.32 33.02 41.30 07/14/2000 27.77 - none 50.2302.1 ELICKER, TODD 63.53 35.62 27.91 08/10/2000 27.91 - none 72.0101.1 ELK RUN HOMEOWNERS ASSO( 387.14 241.06 146.08 07/27/2000 238.14 - none 50.0002.1 ELLIOTT, TOM 198.25 99.57 82.02 16.66 07/14/2000 140.00 - none 42.2584.1 ELLWANGER, BENJAMIN 168.06 116.92 51.14 08/0212000 70.00 - none 69.0524.1 ELORDI, PAT & BEKKI 1 94.27 100.21 94.06 08/01/2000 91.60 - none 32.1710.1 EMC MORTGAGE 147.40 122.28 25.12 07/06/2000 337.50 - none 15.0067.1 EMERALD HOMES 102.21 34.08 24.08 44.05 04/24/2000 6.48- 15.0039.1 EMERALD HOMES 1 00.15 34.08 24.08 41.99 04/24/2000 2.68 - 15.0005.1 EMERALD HOMES 86.35 34.08 24.08 28.19 04/24/2000 24.99 - 2.0180.1 ENGLISH, RONDA 113.22 2.30 110.92 10/18/1999 32.69 - none 74.3200.1 ENGLUND, MIKE 53.50 27.61 25.89 07/14/2000 50.00 - none 50.1238.1 ERHART, MILT 101 .94 67.74 34.20 08/14/2000 31.02 - none 51.3080.2 ESQUIVEL, ROSE 76.83 44.74 32.09 08/14/2000 33.34 - 31.0436.2 EVANS, KIM 143.85 104.25 39.60 08/30/2000 28.65 - 51 .1294.1 FAMCO 398.22 331.07 67.15 09/01/2000 75.84 - 19.6502.1 FARNWORTH, WARREN 70.87 39.29 31.58 08/15/2000 32.81 - none 31.0820.1 FARR, JERRY 151.81 106.82 44.99 08/15/2000 46.22 - none 2.5890.1 FElL, KAY 122.29 77.30 44.99 08/14/2000 27.61 - none 42.1840.1 FETTERS, CARMEN 77.12 46.55 30.57 09/18/2000 100.00 - none 31.3614.1 FICKES, MAURICE 200.40 124.35 76.05 07/20/2000 110.44 - none 4.1454.1 FIELDS, CHRYSTLE 181.60 115.55 66.02 .03 06/05/2000 165.21 - none 21.1071.1 FIELDSTONE HOMEOWNERS AS. 1,103.22 856.98 246.24 08/03/2000 223.56 - none 46.0212.1 FINLAYSON, CRAIG 118.10 93.57 24.53 09/01/2000 41.00 - none 32.1174.1 FISCHER, TRINA LEE 113.68 72.38 41.30 08/09/2000 38.84 - none 22.1614.1 FISHER, DONALD H 88.76 51.31 37.45 08/14/2000 45.93 - none 2.0740.1 FISK, PATRICK 112.06 66.65 45.41 08/16/2000 44.13 - none 1 . 1160. 1 FLATEN, DONALD J. 65.71 37.94 27.77 07/17/2000 26.54 - none 1.1164.2 FLATEN, ROBERT 86.92 72.38 14.54 09/15/2000 20.00 - 34.2084.1 FLORCZV III, ALEXANDER S. 126.14 76.77 49.37 08/16/2000 60.00 - none 5.0438.1 FORRESTER, VANDYE 251 .01 153.96 97.05 08/03/2000 89.67 - none 52.0150.1 FORS, GARY 56.20 33.16 23.04 08/08/2000 27.00 - none 2.5840.1 FRANK, GARY 1 77.03 1 02.74 66.74 7.55 08/03/2000 90.00 - none 74.0708.1 FRANK, GARY E 57.62 36.38 21.24 08/21/2000 17.60 - none 74.0704.1 FRANK, GARY E 54.49 42.81 11.68 08/21/2000 17.60 - none *** in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Sep 19,2000 04:03pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 31.3050.1 FRENCH, DEBRA 84.16 47.78 36.38 08/15/2000 31.46 - none 50.3754.1 FRENCH, LAWRENCE 235.22 108.05 97.88 29.29 08/28/2000 50.00 - none 22.0342.1 FRY, JOHN & SHERRIE 212.21 132.10 80.11 08/14/2000 59.20 - none 1.1280.1 FUHRMAN, JAMES 57.10 33.02 24.08 07/21/2000 30.23 - none 32.1542.1 FUHRMAN, JOSHUA 192.72 134.04 58.68 08/16/2000 45.92 - none 1.3520.1 FUHRMAN,KENT 297.69 256.88 40.81 09/05/2000 170.00 - none 74.1316.1 FULLER, NORMAN 109.44 109.44 10/19/1999 122.07 - none 21.1014.1 FUNK, DAVID 218.75 140.29 78.46 08/11/2000 76.00 - none 32.0676.1 GAINOR, THOMAS & DIA 180.98 91.39 89.59 09/08/2000 50.00 - none 74.0362.1 GALLAS, PAUL 61.80 47.73 14.07 08/28/2000 50.00 - none 69.0234.1 GAMBOA, PAUL 105.47 53.35 52.12 07/26/2000 53.35 - none 22.0476.1 GARDNER, LAWRENCE 227.25 126.09 101.16 08/10/2000 74.10 - none 50.1198.1 GARDOSKI, WILLIAM 150.58 88.37 62.21 08/15/2000 46.22 - none 69.0390.1 GARDUNO, DENNIS 104.44 43.09 43.09 18.26 06/20/2000 60.54 ~ none 21.3048.2 GARLICK, LEWIS 428.19 293.40 134.79 09/11/2000 100.00 - 46.0188.2 GATES, JOHN 97.30 46.97 50.33 08/0212000 44.18 - 34.1900.1 GATES, SANFORD E. 84.16 47.78 36.38 08/10/2000 29.00 - none 1.0450.3 GATES, TERESA 57.68 22.37 35.31 08/04/2000 58.16 - 2.2480.1 GILBERT, CARL 203.25 11 0.40 92.85 08/14/2000 63.33 - none 35.1032.1 GLENN JOHNSON 55.49 38.36 17.13 07/18/2000 9.20 - 35.1024.1 GLENN JOHNSON 55.49 38.36 17.13 07/18/2000 9.20 - 35. 1156.1 GLENN JOHNSON 56.31 38.36 17.95 07/18/2000 9.41 - 22.2096.1 GLENN JOHNSON HOMES 54.64 30.56 24.08 07/18/2000 65.52 ~ 35.0139.1 GLENN JOHNSON HOMES 66.94 42.86 24.08 07/18/2000 77.72 - 35.0043.1 GLENN JOHNSON HOMES 67.78 38.36 29.42 07/18/2000 12.33 - 4.1414.1 GLOVER,STEVE 177.11 113.09 56.18 7.84 07/14/2000 75.00 - none 4.2160.2 GLUMM, DENNIS 313.11 224.37 88.74 08/15/2000 67.65 - 22.0310.1 GODSIL, MICHAEL & KORRENA 103.94 72.36 31.58 08/29/2000 40.00 - none 21.2106.2 GOEHRING, DAVID C 75.16 43.28 31.88 32.1528.1 GOINS, RICHARD 85.84 46.16 39.68 07/28/2000 36.04 - none 34.1240.1 GORE, JOSEPH 54.64 30.56 24.08 08/03/2000 25.31 - none 21.2790.1 GORRINGE, BENNY 113.69 66.93 46.76 08/16/2000 46.06 - none 21.0996.1 GOURLEY, KRISTEN 201.70 1 07.08 94.62 08/31/2000 60.00 - none 33.0102.1 GRAND AUTO 219.54 113.01 106.53 07/27/2000 106.53 - none 33.0101.1 GRAND AUTO 1,1 04.84 539.46 565.38 07/27/2000 317.52 - none 15.0055.2 GRIZZLE, BILL 124.41 62.29 62.12 07/20/2000 111.62- 21.2712.2 GROSS, ROBERT 84.94 26.98 57.96 20.2034.1 GROSSMAN, MICHAEL M. 169.55 100.93 68.62 07/18/2000 101.57 - none 2.2250.1 HADLEY, TRUDIE 117.65 63.91 53.74 08/10/2000 32.83 - none 4.2144.1 HALDEN,DARYL 342.14 249.34 92.80 08/10/2000 60.00 - none 4.1296.2 HALES, KENNETH 92.61 56.39 36.22 08/16/2000 32.53 - 4.1594.1 HALL, BRIAN 216.59 167.23 49.36 08/15/2000 100.00 - none 31.0448.3 HALL, JANET 137.14 87.14 50.00 08/28/2000 49.82 - 50.1512.1 HALL, LEO 221.56 118.94 102.62 08/16/2000 87.86 - none 51.0290.1 HALL, ROBERT 62.30 28.22 34.08 07/26/2000 47.66 - none 19.6596.1 HAM, RUSSELL M. 116.66 70.18 46.48 08/07/2000 21.21 - none 33.2338.1 HAMIL TON, TRACEY 173.57 123.02 49.66 .89 08/18/2000 50.00 - none 51.0518.3 HARRELL, BRIAN 577.70 123.23 67.55 196.70 190.22 08/04/2000 100.00 - 42.1820.1 HARRINGTON-BLACK, JODY 84.12 52.68 31.44 08/14/2000 30.21 - none 5.0506.1 HART,RANDY 401.79 241.57 1 60.22 07/21/2000 268.46 - none 74.3528.1 HART, SHAWN 204.27 34.18 34.18 44.18 91.73 04/20/2000 41.70 - none 42.2734.1 HARWARD, PAUL 273.60 157.26 116.34 08/14/2000 97.89 - none 34.3234.2 HATCH,GARY 235.06 155.21 79.85 08/03/2000 67.55 - 21 .1904.1 HATCHER, LAVONNE 64.16 34.09 30.07 08/15/2000 25.75 - none 42.2366.1 HAWK, FRANCIS 157.63 126.66 30.97 08/16/2000 75.00 - none *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Sep 19,2000 04:03pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 21.0480.1 HAYES, LOREN 77.97 42.84 35.13 07/10/2000 65.34 - none 46.0462.1 HAZLETT, RONALD 78.01 45.32 32.69 07/28/2000 33.92 - none 1.0750.2 HEATH, GORDON OR MATT 149.03 101.74 47.29 08/15/2000 43.60 - 33.4246.1 HELFERICH, ROGER 60.93 39.45 21.48 08/15/2000 50.00 - none 1 .0150. 1 HERKSHAN, ENOS & VERONICA 134.36 112.30 22.06 09/14/2000 75.00 - none 74.3190.2 HERR, CHRIS 78.52 39.26 39.26 08/09/2000 39.26 - 74.0384.1 HESTER, LL YOD & SHERRY 121.61 57.73 63.88 08/16/2000 50.19 - none 31.0248.1 HEUGHINS, RUSSELL S. 72.54 46.97 25.57 07/20/2000 76.22 - none 69.0928.1 HICKEY, JERRY 56.58 38.82 17.76 08/15/2000 14.91 - none 4.0566.1 HIGH DESERT CONSTRUCTION 68.59 14.69 53.90 21.0012.1 HINE, DONALD & JONI 128.71 1 04.48 24.23 09/12/2000 75.00 - none 31.0478.1 HlRAHARA, ED 487.93 314.12 173.81 08/11/2000 108.62 - none 1.0920.1 HOFFMAN, JON C 174.09 88.93 67.69 17.47 07/17/2000 65.00 - none 20.1714.1 HOFFMAN, STEPHEN J. 94.52 54.19 40.33 08/01/2000 42.79 - none 5.0722.1 HOLLEY, DAVID 297.63 154.14 81.24 62.25 07/20/2000 350.00 - none 21.3176.2 HOLLOBAUGH, ANNA 188.02 141 .38 46.64 09/07/2000 60.00 - 33.4346. 1 HOLLOWAY, RON & PAIGE 237.69 176.93 60.76 08/17/2000 100.00 - none 1.4440.1 HOLSTEIN, WILLIAM 80.58 64.44 16.14 07/20/2000 27.36 - none 74.1202.1 HOPE ARMS APARTMENTS 174.84 87.90 86.94 08/24/2000 97.74 - none 74.1218.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 08/24/2000 67.52 - none 74.1222.1 HOPE ARMS APARTMENTS 851 .61 760.77 90.84 08/24/2000 707.88 - none 74.1198.1 HOPE ARMS APARTMENTS 231.50 162.85 68.65 08/24/2000 151.78 - none 74.1158.1 HOPE ARMS APARTMENTS 104.82 85.44 19.38 08/24/2000 82.98 - none 74.1146.1 HOPE ARMS APARTMENTS 3,012.14 687.52 687.52 687.52 949.58 08/24/2000 687.52 - none 74.1174.1 HOPE ARMS APARTMENTS 143.86 122.79 21.07 08/24/2000 130.17 - none 74.1162.1 HOPE ARMS APARTMENTS 125.68 90.92 34.76 08/24/2000 90.92 - none 52.1065.2 HOPKINS FARM LLC 442.14 302.94 139.20 08/29/2000 90.78 - 74.3966.1 HOSAC, JAMES 111.13 53.72 57.41 07/18/2000 81.61 - none 1.0420.1 HOWARD, TREVIS 84.03 31.79 34.08 18.16 07/20/2000 30.00 - none 22.0216.1 HOWELL, CHAD 233.23 134.00 99.23 08/15/2000 63.56 - none 32.0666.1 HOWELL, CHRIS & APRIL 193.24 122.00 71.24 07/13/2000 52.79 - none 1.0470.3 HOWELL, GAYLEEN 71.47 39.59 31.88 50.0226.1 HOWELL, JAMES 218.92 135.62 83.30 07/19/2000 143.23 - none 3.0076.1 HUL TBERG, JEFFREY & ADRIA 82.41 31.79 25.31 25.31 07/17/2000 24.08 - none 31.3402.1 HUNT, HEATH 96.46 55.16 41.30 08/15/2000 38.84 - none 20.1894.2 HUSTON, ADDY 110.20 42.70 36.22 31.28 07/19/2000 68.00 - 20.2054.1 HUTH, FREDRICK C. 205.84 173.25 32.59 08/24/2000 90.00 - none 33.2754.1 INGOE, BRADLEY 61.31 33.28 28.03 09/01/2000 33.11 - none 47.0120.1 INTERWEST CONSTRUCTION 1,770.45 1,420.45 350.00 08/25/2000 2,293.65 - 35.0056.1 IVERSON CONSTRUCTION 78.72 30.56 24.08 24.08 06/13/2000 24.08 - 50.4506.1 JACOBSON, BETTY B. 101.38 61.32 40.06 08/17/2000 45.81 - none 3.0012.1 JENNI, TERRY 89.60 50.50 39.10 07/10/2000 80.35 - none 68.0028.1 JENSEN, KRISTINE 64.44 35.46 28.98 07/28/2000 31.44 - none 19.1182.1 JOHN F BUCHAN HOMES 54.64 30.56 24.08 08/15/2000 2.14 - 74.1427.1 JOHN'S ALIGNMENT 468.18 64.80 403.38 08/01/2000 59.37 - 42.2482.1 JOHNSON, BRYON & MARYLEN 11 8.56 69.90 48.66 07/27/2000 43.74 - none 34.0390.2 JOHNSON, PETER 163.65 148.90 14.75 50.4562.1 JOHNSON, STEVEN & CAROL 112.62 63.24 49.38 07/12/2000 88.92 - none 22.1418.1 JONES,GEOFF 253.86 143.70 110.16 07/13/2000 93.63 - none 50.2354.1 JONES, LARA 128.27 42.05 86.22 07/20/2000 126.71 - none 35.0187.2 JOSEY, PATRICIA 60.76 43.28 17.48 34.0812.1 KAUTZ, KARL & LORRAINE 245.74 164.10 81.36 .28 08/16/2000 70.00 - none 4.2046.1 KAWANO, HARRY 226.32 168.1 6 58.16 08/01/2000 43.80 - none 5.0270.2 KEEN,RYAN 211.37 120.61 90.76 07/11/2000 139.70 - 42.1930.1 KEGAN, ROSE MARIE 139.19 101.74 37.45 07/21/2000 88.59 - none *** in Msg column indicates no Notice is to be sent ( ( \ CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Sep 19,2000 04:04pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non~Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 5.0718.1 KELLY, STANTON 204.93 174.89 30.04 08/23/2000 67.03 - none 21.2602.2 KEMNITZ, HEINO 280.12 216.55 63.57 09/15/2000 103.61 - 20.1942.1 KEMPER, JASON 303.66 155.38 103.23 45.05 08/15/2000 100.00 - none 21.2122.3 KERN, SCOTT 76.73 44.07 32.66 08/08/2000 32.68 - 42.1176.1 KHAMPHAY,VANASOUK 45.32 34.09 11.23 08/15/2000 27.61 - none 21.3298.1 KIESECKER, DARRIN 281 .64 187.19 94.45 08/16/2000 88.16 - none 4.1614.1 KINCAID, GEORGE & LAURA 266.39 149.35 11 7.04 07/17/2000 140.60 - none 74.3800.1 KING, KEVIN 96.30 45.69 50.61 08/14/2000 46.92 - none 21.1788.1 KINGMIXAY, SENGKEO 225.91 138.95 86.96 07/18/2000 150.55 - none 21.2090.1 KINGSTON, CHRISTIE 344.63 155.81 179.01 9.81 09/11/2000 120.00 - none 3.0024.1 KINNEY, KIMIKO 109.28 72.64 36.64 08/15/2000 36.64 ~ none 5.0342.1 KIRBY, GREGORY & KAREN 183.77 139.08 44.69 08/28/2000 35.00 - none 2.0966.1 KLAR, ROBERT & LILLIE 197.60 125.41 72.19 08/01/2000 50.05 - none 74.3358.1 KLEIN, DANIEL & MARIL YN 42.05 28.84 13.21 08/24/2000 19.00 ~ none 34.0452.1 KLUM, ALLAN 245.03 245.03 none 74.0342.3 KNOWLTON, KIMBERLY 65.98 45.41 20.57 74.3252.1 KOEPPLlN,COREY 154.11 84.77 69.34 08/03/2000 95.00 - none 21.0466.2 KORBER, GERALD 54.49 30.56 23.93 08/15/2000 34.00 - 19.6642.1 KRENZ, ROY 70.22 39.15 31.07 08/18/2000 27.00 - none 3.0654.1 LAMBERT, KENNETH & GRETCH 86.51 48.34 38.17 07/27/2000 39.40 - none 4.1776.1 LANSING, BUD 304. 17 219.35 84.82 08/16/2000 65.00 - none 1.0890.1 LANTZ, STAN 74.32 45.32 29.00 08/14/2000 27.77 - none 21.3018.1 LARSON, GORDON 107.38 58.16 49.22 08/10/2000 46.76 - none 33.0108.1 LARSON, TIMOTHY 55.99 55.99 05/19/2000 25.00 - none 2.4990.1 LAUFENBERG, JIM & TAMMIE 81.28 69.92 11.36 05/17/2000 56.43 - none 46.0816.1 LEATHAM, JARED 86.68 50.66 36.02 08/11/2000 50.00 ~ none 42.4046.1 LEMA, ADAM M. 102.77 60.24 42.53 08/18/2000 36.38 - none 42.2736.1 LENAGHEN, CHRIS 114.12 78.51 35.61 09/01/2000 40.00 - none 21.1480.2 LESTER,BETTE 226.18 139.78 86.40 08/16/2000 82.71 - 31.3382.1 LEVITT, MONTE 169.03 98.21 70.82 08/17/2000 43.76 - none 34.0928.1 LEWIES, LINDA 220.59 148.64 71.95 08/15/2000 133.65 - none 50.2130.1 LIKES, JENNIFER 106.78 36.99 69.79 07/17/2000 82.25 - none 2.6410.1 LOOSLE, DARELL 201.04 119.12 81.92 08/15/2000 75.00 - none 2.4270.1 LORD, LARRY R. 147.05 84.68 62.37 08/29/2000 29.31 - none 32.1320.1 LUKE, DAVID C 68.17 40.40 27.77 08/15/2000 73.28 - none 74.3072.1 LYTLE, CHAD & ST ACEY 76.13 38.68 37.45 08/03/2000 31.30 - none 69.1556.1 MACE, JEFFREY & BERLENE 103.64 53.05 50.59 07/12/2000 96.26 - none 2.4480.1 MADRID, JOSEPH F 159. 1 0 99.44 59.66 07/20/2000 89.00 - none 5.0268.1 MANOS, PETER 539.29 263.71 172.36 103.22 08/15/2000 300.76 - none 74.2642.1 MANWARING, MARK 287.74 141 .49 146.25 08/16/2000 79.99 - none 1.1870.2 MARIANI, LAURI 125.00 90.36 34.64 34.1472.1 MARKHAM, RON 88.98 33.16 26.68 29.14 06/21/2000 63.36 - none 33.1850.1 MARSHALL, GARY & BOBETTE 84.40 47.90 36.50 08/15/2000 35.39 - none 21.1878.1 MARSTON, KELLI 300.00 300.00 04/20/2000 57.35 - none 50.1636.1 MARTELL, ERIC 243.29 131.58 111.71 08/11/2000 69.58 - none 42.1950.1 MARTIN, DANIEL K. 192.36 128.94 63.42 08/14/2000 78.18 - none 50.2176.1 MARTIN, JASON 1 26.20 92.14 34.06 08/16/2000 32.83 - none 74.3628.1 MARTINEZ, RICHARD 59.19 30.21 28.98 07/18/2000 28.98 - none 2.2280.1 MASLEN, JENNY 82.32 51.47 30.23 .62 07/18/2000 30.00 - none 4.1626.1 MAXEY, SHANE & MICHELLE 241 .17 150.27 90.90 08/03/2000 71.22 - none 2.1470.1 MAXWELL, MARGO 180.62 1 02.16 78.46 07/14/2000 186.06 - none 74.3208.1 MCCULLOUGH, JIM 114.54 59.73 54.81 08/14/2000 56.04 - none 1.0170.2 MCCURDY,NATHAN 76.96 46.39 30.07 .50 08/16/2000 28.34 - 50.2412.2 MCDANIEL, PATRICK 141.81 77.14 64.67 08/18/2000 36.29 - 50.0290.1 MCDONALD, LOIS 165.34 93.29 72.05 07/11/2000 57.29 - none *** in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Sep 19,2000 04:05pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 31.3474.1 MCDONALD. SHAWN 102.92 41.91 30.51 30.50 06/12/2000 70.00 - none 3.0314.2 MCDOUGAL, MIKE 153.00 95.73 57.27 08/11/2000 32.67 - 50.0400.2 MCFADDEN. CLEORA 89.08 46.55 42.53 08/03/2000 24.08 - 1.0080.1 MCFADDEN. CLEORA 92.77 55.16 37.61 08/11/2000 37.61 - none 1.0090.2 MCFADDEN, CLEORA 142.20 79.60 33.76 28.84 06/15/2000 1 01 .60 - 68.0098.1 MCGILVERY, BELINDA 101.10 58.02 43.08 09/01/2000 60.00 - none 31 .3242.1 MCGOWAN, DAVID E. 163.44 102.18 61.26 08/15/2000 56.34 - none 50.0552.2 MCINTURFF, CHARLES & DORIS 62.81 43.28 19.53 31.2192.1 MCMILLAN, VICKI 254.03 180.07 73.96 07/19/2000 142.71 - none 2.4500.1 MCNETT, DARREN 119.72 71.71 48.01 08/14/2000 50.63 - none 50.2444.1 MCNITT, STEVE & TRACY 148.36 86.03 62.33 08/15/2000 68.28 ~ none 33.2402.1 MCPHERSON, JO ANN 90.16 45.86 44.30 08/01/2000 119.43 - none 32.0672.1 MCVEY, DOUGLAS & KATHLEEN 131.74 76.49 55.25 08/03/2000 47.87 - none 20.1698.1 MEACHAM, MICHAEL L. 240.82 143.33 97.49 08/14/2000 80.27 - none 50.3726.1 MEATTE, NICKlE 146.78 75.40 71.38 08/11/2000 59.08 - none 50.0326.1 MEEK, JEANNE ANN 65.17 30.56 34.61 08/21/2000 24.63 - none 69.0062.2 MEEKER, LARRY 180.57 87.91 92.66 08/15/2000 93.00 - 69.2282.1 MEFFORD, CLIFFORD 363.50 193.97 169.53 07/20/2000 253.87 - none 32.1160.1 MEICER, PAUL & TRACI 302.74 261 .55 41.19 08/28/2000 100.00 - none 1.2730.1 MELLEN, ANGELA 156.22 99.88 56.34 08/18/2000 57.73 - none 21.1132.1 MEL TON. GARY 246.76 191.81 54.95 08/15/2000 47.57 - none 33.2538.1 MENDOZA, GEORGE & ELlZABE" 85.51 42.86 42.65 07/20/2000 83.35 - none 32.0948.1 MERIDIAN FOURSQUARE CHURl 149.52 84.48 65.04 08/11/2000 75.04 - none 52.1090.1 MERIDIAN SPEEDWAY 3,099.26 1,387.93 933.03 778.30 06/13/2000 728.46 - none 52.1100.1 MERIDIAN SPEEDWAY 1,162.66 437.16 231 .36 494.14 07/21/2000 227.58 - none 74.3790.1 MERRITHEW, ROBERT 73.00 35.27 37. 73 08/09/2000 34.04 ~ none 74.3246.1 MEYER, JOHN & LISA 248.61 124.51 124.10 08/16/2000 100.00 - none 2.2030.1 MEYER, VIRGINIA 58.73 31.82 26.91 08/16/2000 25.00 - none 74.1032.1 MICHAELSON, BRADL Y C. 64.71 34.20 30.51 08/15/2000 32.97 - none 19.1708.2 MICHAS, JAMES 134.16 71.55 62.61 07/07/2000 90.78 - 1.3330.2 MfGNEAUL T, LESLIE 99.23 50.66 48.57 08/08/2000 43.00 - 31.3032.2 MILLER, CHARLIE 239.66 148.90 90.76 08/16/2000 25.74 - 1.2690.1 MILLER, DAREN 85.07 47.62 37.45 07/17/2000 57.68 - none 31.0568.1 MILLER. NEIL 230.70 156.72 73.98 07/26/2000 54.30 - none 46.0406.1 MILLS. TIMOTHY 85.00 44.51 40.49 08/15/2000 36.80 - none 32.1436.1 MODEN, WALTER 86.52 33.16 26.68 26.68 07/01/2000 30.37 - none 33.2744.1 MOFFIT. JENNIFER 54.64 30.56 24.08 08/15/2000 24.08 - none 21.3024.1 MONTEE. KEN 202.38 133.19 69.19 08/01/2000 50.00 - none 34.1540.1 MONTEFERRANTE, MICHELLE 72.20 42.86 29.34 08/08/2000 34.00 - none 3.0874.1 MONTGOMERY, PAT 122.41 78.67 43.74 08/17/2000 42.67 - none 42.1990.2 MOORE, LARRY 301 .48 236.39 65.09 32.0816.1 MOORE, RICK T. 261 .45 169.02 92.43 08/15/2000 45.90 - none 32.0806.2 MORGAN. CHARLES 1 71 .48 147.83 23.65 74.2496.1 MORRIS, ROCKY 159.66 79.83 79.83 08/16/2000 69.99 - none 34.1026.1 MORRISON, DWAYNE 306.68 193.48 113.20 07/10/2000 120.62 - none 42.1978.1 MORSE. DAVID & SHELLEY 103.84 60.08 43.76 08/15/2000 31.46 - none 1 .4501 . 1 MORTENSEN CONSTRUCTION 649.62 184.68 315.90 149.04 06/13/2000 2.09 - 74.0022.1 MORTON, MERRILEE PARK 88.39 58.78 29.61 09/12/2000 100.00 - none 22.1602.1 MOUNCE, ROBERT 224.90 134.14 90.76 08/15/2000 100.34 - none 34.0500.1 MOURITSEN, LAYNE 353.42 225.46 127.96 08/16/2000 95.98 - none 50.0136.1 MUGELE, NICK 175.74 112.02 63.72 07/24/2000 60.03 - none 4.1804.1 MURPHY, WILLIAM 149.59 102.18 47.41 08/16/2000 57.57 - none 33.3586.1 MURRAY, EDWIN 102.22 55.58 46.64 07/18/2000 39.26 - none 21 . 1 068.1 MURRAY. JOHN 222.53 132.93 89.55 .05 08/15/2000 51.56 - none 51.0482.1 MURRAY, SONORA MURRAY 147.87 127.87 20.00 09/18/2000 73.42 - none u* in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Sep 19,2000 04:05pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 50.0262.1 MURRI, SCOTT 94.56 55.44 39.12 07/28/2000 40.35 - none 32.1606.2 NASIATKA, JEFFREY 55.87 31.79 24.08 08/14/2000 35.31 - 69.2302.1 NEAL, KEVIN & MICHELLE 57.96 28.98 28.98 08/15/2000 33.90 - none 20.1692.2 NEEDS,STEVEN 264.30 155.07 109.23 08/16/2000 69.28 - 65.0450.1 NELSON, MARILYN 67.22 38.08 29.14 07/14/2000 30.37 - none 50.2150.1 NELSON, RYAN & JILL 261.28 81.27 178.27 1.74 07/20/2000 138.00 - none 74.2442.1 NESMITH, JOHN 114.82 57.41 57.41 07/17/2000 84.07 - none 20.1944.1 NEWBOLD, GARY C. 113.19 73.87 39.32 07/19/2000 100.00 - none 1.3200.1 NEWKIRK, MARYANN 92.77 49.01 43.76 07/12/2000 62.92 - none 50.0034.1 NEWMAN, TIM 92.77 61.31 31 .46 07/14/2000 62.92 - none 74.2528.1 NICHOLSON, JERRY E. 97.03 76.44 20.59 08/28/2000 60.00 - none 31.0880.1 NICK, DENNIS 151.06 119.12 31.94 08/14/2000 100.00 - none 19.7344.2 NIELSEN, ROBERT 98.58 69.76 28.82 07/17/2000 70.00 - 31.0726.1 NITZ, JASON 121.77 50.24 38.84 32.69 06/09/2000 143.87 - none 4.2294.2 NOBLE, ROBERT 289.47 178.03 111 .44 07/20/2000 164.75 - 21.0498.1 NOLAND, SHAWN 95.51 55.30 40.21 08/11/2000 35.29 - none 2.6380.1 NONAMAKER, STEVE G 135.06 82.22 44.99 7.85 08/14/2000 30.00 ~ none 2.5370.1 ODOM, SHERRY 120.00 66.93 53.07 08/09/2000 41.38 - none 4.1598.1 OGAN, JOHN & DAWN 129.55 110.35 19.20 09/08/2000 40.00 - none 72.0174.1 O'LEARY, LORI 116.38 67.13 49.25 08/16/2000 50.00 ~ none 31.0502.2 OLSEN, MARY ANN 153.88 107.24 46.64 08/15/2000 31.88 - 2.2510.1 OLSEN, URSULA 113.35 63.77 49.58 07/19/2000 30.56 - none 13.2094.2 OVERY,ROBBY 164.48 144.28 20.20 50.3898.1 OWEN, KEVIN 106.18 62.82 32.97 10.39 09/18/2000 66.00 - none 22.0454.1 P. JANSSON, JANIE 136.34 84.94 51 .40 08/01/2000 47.71 - none 74.2968.1 PACKARD, MICHAEL & SUZANNE 113.54 40.33 50.17 23.04 08/09/2000 20.00 - none 32.0638.2 PALMER, PAT 163.60 89.88 63.72 10.00 08/14/2000 97.00 - 31.3280.1 PALMER, PAT 273.99 124.35 149.64 07/19/2000 62.52 - none 33.2272.1 PANKEY. CHARLIE 77.34 41.91 35.43 08/08/2000 34.20 - none 4.1792.1 PARKER, DAVID & DIANA 181.02 149.04 31.98 08/24/2000 71.22 - none 31.0734.1 PARKS,RONALD 190.22 122.95 67.27 08/02/2000 73.42 - none 5.0633.1 PARKSIDE CREEK HOME. ASSOt 171.72 76.14 55.08 30.78 9.72 12/30/1999 36.33 - none 32.1700.1 PASTIAN, BRYON 244.94 195.52 49.42 09/14/2000 100.00 - none 2.2490.2 PATTERSON, DEENA L 1 06.30 61.31 44.99 07/14/2000 32.23 - 4.0522.1 PEACOCK, ROBERT 55.46 32.86 22.60 07/07/2000 40.00 - none 4.1240.1 PEARSON, RONALD 96.03 51.87 44.16 08/10/2000 41.70 - none 15.0048.2 PEBBLES-KORBER, GAIL 71.51 41.91 29.60 08/10/2000 23.00 - 34.2110.1 PENCE. STEVEN 151 .98 86.61 65.37 08/02/2000 61.68 - none 72.0110.1 PENNINGTON, JAMES 337.89 289.55 48.34 08/22/2000 55.00 - none 69.0214.1 PERRY, DAN & LORI 77.01 42.81 34.20 08/10/2000 37.89 - none 33.2344.2 PETERSEN,RON 54.64 30.56 24.08 08/18/2000 24.08 - 72.0258.1 PETERSON, KONNEL 73.55 25.31 24.08 24.16 07/11/2000 31.30 - none 74.2616.1 PETERSON. NOEL & MARTA 73.75 57.13 16.62 08/22/2000 75.00 - none 32.1636.1 PHILLIPS, ERNEST 80.08 44.51 35.57 08/10/2000 34.34 - none 74.3000.1 PHILLIPS, RICHARD 73.00 35.27 37_73 07/13/2000 69.31 - none 4.1646.1 PIKE, BRETT & ANGIE 228.63 151.38 77.25 07/27/2000 66.18 - none 34.2832.1 PINE STREET DEVELOPMENT 199.78 124.04 75.74 07/17/2000 98.59 - none 2.1870.1 PIPER, LARRY 95.23 50.24 44.99 08/15/2000 45.15 - none 21.2678.1 PITMAN, DONALD 168.87 99.28 69.59 07/20/2000 69.98 - none 42.3086.1 PLEW, APRIL 86.25 74.96 11 .29 08/21/2000 100.00 - none 4.1412.1 PLUMLEY, RODNEY & M. NAOMI 240.61 147.53 93.08 08/16/2000 66.02 - none 2.3340_1 POE, RICHARD 241_73 182.00 59.73 08/08/2000 100.00 - none 21.1942.1 POOL, JAMES H. 238.32 153.15 85.17 08/15/2000 76.56 - none 21.2604.1 PORTER, RODNEY 222.44 135.37 87.07 08/15/2000 71.08 - none 34.3254.2 POULSEN, BRIAN 215.72 158.40 57.32 08/1 0/2000 60.00 - *** in Msg column indicates no Notice is to be sent / ( I " CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Sep 19,2000 04:06pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 50.2402.1 POWELL, RANDY 119.03 68.30 50.73 07/26/2000 97.35 - none 4.2320.1 PRIGGE, ROBERT & JOAN 279.69 181.18 98.51 08/16/2000 65.00 - none 74.3418.2 PRINDLE, SHELL Y 90.89 49.10 41.79 08/11/2000 30.00 - 42.1212.2 PRIOR, DON 68.14 49.27 18.87 08/31/2000 20.00 - 52.1055.1 PROMED KEYBOARD GROUP 417.96 309.42 108.54 07/25/2000 110.16 - none 34.1172.1 QUARNBERG, CARL & DOROTH' 211.14 125.30 85.84 08/16/2000 95.00 - none 7.0886.1 QUINN, JILL 66.62 36.55 30.07 08/16/2000 28.84 - none 21.1658.1 R & M HOMES 1 09.95 41.61 68.34 07/17/2000 14.31 - none 2.1450.1 RANSLEY, MICHAEL E 205.66 168.21 37.45 08/31/2000 80.00 - none 2.5670.1 RANSOM, JAMES R. 101.94 62.82 39.12 08/11/2000 34.20 - none 46.0864.1 RASMUSSEN, RONALD 86.86 49.13 37.73 08/14/2000 42.65 - none 32.1390.2 RECORD, CLAYTON 54.64 30.56 24.08 08/03/2000 36.51 - 74.0364.1 REED, CALVIN & SUSAN 115.01 68.64 46.37 08/25/2000 30.00 - none 2.2580.1 REED, DEBORAH 153.04 95.75 57.29 08/02/2000 53.60 - none 34.1792.1 REED, PATRICIA 292.65 188.31 104.34 08/17/2000 98.19 - none 2.2160.1 REEVES,GARY 124.24 68.97 55.27 08/14/2000 36.66 - none 35.0392.1 RENWOOD HOMES 54.64 30.56 24.08 07/17/2000 30.56 - 32.1694.1 RICE, E. DONALD 267.88 167.93 99.95 08/15/2000 88.88 - none 51.3154.2 RICKaRDS, SHANNON 133.91 104.34 29.57 08/09/2000 73.95 - 1.2770.1 RIGENHAGEN, HAROLD E 74.32 41.63 32.69 08/14/2000 27.77 - none 34.0786.1 RILEY, MARK 222.99 143.47 79.52 08/14/2000 69.00 - none 42.1844.1 RIVERA, REGENA 149.00 72.66 46.34 30.00 08/17/2000 49.61 - none 50.0256.1 ROBBINS, ELLEN 162.21 108.33 53.88 07/14/2000 41.74 - none 51.3300.1 ROBERTS, DAVID 211.66 92.06 119.60 07/10/2000 80.00 - none 50.2106.1 ROBINSON, RICHARD & PRISCIL 226.78 1 09.1 7 117.61 07/20/2000 137.33 - none 50.4534.1 ROCKE, SEAN 90.31 51.47 38.84 07/17/2000 65.38 - none 21.1920.1 RODERICK, SHANNON 192.50 59.92 33.76 43.60 55.22 04/19/2000 118.12 - none 2.5170.1 RODRIGUEZ, JILL 90.33 70.76 19.57 08/28/2000 50.00 - none 34.1982.1 RODRIGUEZ, RODGER 289.91 1 77.1 0 112.81 08/11/2000 79.04 - none 50.0158.1 RON SMITH CONSTRUCTION 70.24 38.36 31.88 08/14/2000 39.68 - 42.2404.1 ROSE,PHOEBE 135.08 81.13 53.95 08/15/2000 50.00 - none 20.1864.1 ROWLEY, HELEN 122.66 86.33 36.33 08/23/2000 50.00 - none 52.0316.1 RT NAHAS CO 347.78 229.76 118.02 08/24/2000 248.00 - none 47.0060.2 RUBOSKY,ROSANN 71.47 39.59 31.88 22.0914.1 RUCKER, JEAN 154.73 87.68 67.05 08/09/2000 50.00 - none 65.0318.1 RUPPERT, RONNIE 67.85 39.01 28.84 07/13/2000 31.30 - none 2.3180.1 RYAN, WALTER 210.85 158.48 52.37 07/17/2000 65.84 - none 55. 11 01 . 1 S T INVESTMENTS 159.04 1.62 133.12 24.30 19.7156.1 SALAZAR, DANIEL 1 00.40 41.63 32.69 26.08 06/29/2000 37.00 - 69.0776.1 SANDMEYER, ERIC & DAWN 237.26 118.63 118.63 07/20/2000 126.72 - none 33.2324.2 SAUNDERS, KELLEY 89.13 40.96 48.17 08/02/2000 44.11 - 65.0872.1 SCHILD, LESLIE 150.43 107.67 42.76 08/14/2000 44.00 - none 32.0652.1 SCHLAPIA, SCOTT 191.51 111.91 79.60 08/03/2000 80.99 - none 34.2122.1 SCHMIDT, GLEN 213.80 136.48 77.32 08/16/2000 40.00 - none 32.0522.1 SCHMIDT, TYSON 117.71 60.25 57.46 07/14/2000 55.00 - none 21.3058.1 SCHNEIDER, DEAN 142.57 116.13 26.44 08/25/2000 50.00 - none 1.2260.1 SCOTT, DAVID 151.45 57.62 63.60 30.23 07/20/2000 25.31 - none 35.0225.1 SCOTTSDALE HOMES 68.53 38.36 23.69 6.48 06/13/2000 4.39 - 42.2724.2 SCUDDER, LES 236.68 138.80 97.88 07/20/2000 110.89 - 1.2040.1 SEAMONS, DOUGLAS 105.86 42.86 63.00 08/14/2000 45.00 - none 32.1424.1 SEARS,KEVYN 107.70 62.01 45.69 08/14/2000 46.92 - none 69.2262.1 SEDILLO, JOE 316.75 183.59 133.16 07/20/2000 170.54 - none 3.0832.1 SEVERSON,DENA 65.39 39.01 26.38 08/18/2000 36.22 - none 35.0050.1 SHADOW MOUNTAIN CONSTRUI 54.64 30.56 24.08 07/18/2000 25.70 - 69.0962.1 SHADOW MOUNTAIN CONSTRUI 343.36 316.82 26.54 07/17/2000 24.08 - *** in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Sep 19,2000 04:06pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 74.2890.1 SHAFFER, ROBERT 184.58 145.32 39.26 08/17/2000 38.03 - none 69.1590.1 SHANNON, JEAN 477.44 327.76 149.68 08/14/2000 121.50 - none 51.3108.1 SHARIAT PANAHI, ARASH 52.64 29.56 23.08 07/20/2000 56.16 - none 31.0158.1 SHARP, MARIETTA D. 98.41 56.83 41.58 08/16/2000 31.72 - none 20.1910.1 SHEA, JOE & SUZANNE 151.26 96.17 55.09 08/16/2000 46.48 - none 32.1398.1 SHEIRBON, KIP 76.61 39.17 30.23 7.21 07/14/2000 50.00 - none 42.2526.1 SHEL TROWN, ROGER 195.77 116.50 79.27 08/01/2000 57.13 - none 74.2758.1 SHIELDS, JOHNNY 143.26 55.23 59.43 28.60 08/11/2000 60.00 - none 5.0710.1 SHINN, GUY R 289.98 239.55 50.43 08/08/2000 163.56 - none 20.1748.2 SHRADER, MICHAEL 78.69 46.81 31.88 08/14/2000 31.88 - 74.3096.1 SIGMOND, SERGIO 89.27 45.25 44.02 07/14/2000 88.20 - none 34.0724.2 SILCOX, BENJAMIN 377.37 199.23 177.83 .31 08/24/2000 200.00 - 2.2500.1 SILVA, JOSEPH 221.43 128.32 92.32 .79 08/15/2000 78.00 - none 4.1632.1 SIMMONS, JOHN & JANA 167.76 106.80 60.96 08/15/2000 51.12 - none 21.2836.2 SINGLETON, RODNEY 111.14 61.57 49.57 08/17/2000 42.00 - 21.2950.2 SITES, DAVID 151.81 87.14 64.67 31.0134.1 SMITH, BRADLEY 122.95 69.39 53.56 08/16/2000 50.00 - none 4.0532.1 SMITH, JOHN 64.16 36.55 27.61 08/14/2000 27.61 - none 50.0012.1 SMITH, PAUL H. 138.05 64.72 73.33 08/17/2000 54.72 - none 2.6170.1 SMITH, SHANE 109.67 72.22 37.45 08/15/2000 36.22 - none 33.0052.1 SNAKE RIVER FOODS 2,350.94 1,192.35 1 ,158.59 07/25/2000 1,069.83 - none 72.0266.1 SOMAZZI, ROGER 45.31 31.44 13.87 08/09/2000 65.00 - none 7.1100.1 SOMMER CONSTRUCTION 1 04.21 61.73 36.00 6.48 32.1576.1 SON, DAVID 42.81 31.79 11.02 09/13/2000 30.00 - none 2.3430.1 SPEARS, BRYCE J. 165.55 138.13 27.42 09/12/2000 60.00 - none 74.3346.1 SPELL, MAYNARD 71.49 37.59 33.90 07/12/2000 33.90 - none 69.0980.1 SPENCER CONSTRUCTION 17.71 6.48 6.48 4.75 3.0844.1 STAMMERJOHN, JIMMY 86.46 52.70 33.76 08/17/2000 31.45 - none 21.0502.1 STANPHILL, CYNTHIA 220.65 146. 16 74.49 07/18/2000 67.11 - none 2.4520.2 STEBBINS, JODIE 160.86 95.36 65.50 08/15/2000 65.00 - 22.1048.1 STEINER, THURSTON 276.56 174.73 101 .83 08/28/2000 66.16 - none 51.3280.1 STENSON, VIRGINIA 305.59 305.59 none 22.2340.1 STERLING SAVINGS BANK 63.36 26.68 36.68 08/02/2000 53.36 - none 31.0496.1 STERTZ, SUSAN 125.24 68.32 56.92 08/17/2000 51.84 - none 74.3524.1 STETSON HOMES 31.10 6.48 6.48 6.48 11.66 74.3520.1 STETSON HOMES INC 31.10 6.48 6.48 6.48 11.66 50.2202.1 STEVENSON, DAVID 76.11 43.14 32.97 07/19/2000 32.97 - none 5.0416.1 STIEF, PATTY 183.36 125.67 57.69 07/21/2000 119.07 - none 42.3056.2 STINAR, ILENE 66.62 37.78 28.84 08/07/2000 27.61 - 31.3414.1 STINGER, KAREN 75.55 39.17 36.38 07/26/2000 35.15 - none 65.0376.1 STOKES, RON 75.04 35.76 39.28 07/26/2000 71.02 - none 34.1800.1 STONER, JERRY 175.37 1 06.01 69.36 08/16/2000 65.00 - none 69.0186.1 STRAWN, CHRISTOPHER 52.76 26.38 26.38 07/20/2000 62.76 - none 31.0878.2 STRICKLIN, PHILIP 129.00 77.58 51.42 07/17/2000 72.98 - 50.2186.1 SUMMERS, TIFNI 86.79 56.39 30.40 08/02/2000 30.00 - none 31.1006.1 SWEAT, STEVEN M. 157.92 100.65 57.27 07/17/2000 80.10 - none 20.1986.1 SWENSON, TONY 155.34 126.34 29.00 08/10/2000 63.71 - none 42.2350.1 SWOPE, GIA 105.27 93.27 12.00 08/28/2000 61.26 - none 69.1278.1 T C MILLER 174.15 92.61 81.54 08/10/2000 76.62 - none 2.0958.1 TANAKA, TINA 170.48 125.35 45.13 08/16/2000 32.83 - none 35.0100.2 TAYLOR, DAVID 61.51 44.51 17.00 08/24/2000 17.00 - 20.1964.1 TECOINVESTMENTS 59.24 32.86 26.38 08/14/2000 26.38 - none 33.0056.1 TEL-CAR INC. 708.15 216.19 249.93 242.03 07/21/2000 150.11 - none 34.0688.1 TEMPLIN, CLARISA 78.72 30.56 24.08 24.08 06/22/2000 96.29 - none 2.1930.1 TERRY, TIMOTHY 144.78 144.78 10/01/1999 82.59 - none *** in Msg column indicates no Notice is to be sent -fl, r CITY OF MERIDIAN Delinquent Account List- council Page: 12 Standard Payment Customers Sep 19,2000 04:07pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amou nt Msg 74.1114.1 THATCHER, TIMOTHY 200.96 52.93 148.03 07/17/2000 110.00 - none 74.3102.2 THE LORNA HIBBARD FAMILY TF 58.85 31.88 26.97 54.0014.1 THE PLAYGROUND 264.74 151.81 112.93 07/28/2000 112.93 - none 54.0018.1 THE PLAYGROUND 241.44 140.16 1 01 .28 07/28/2000 101.28 - none 54.0016.1 THE PLAYGROUND 302.72 189.95 112.77 07/28/2000 151.07 - none 54.0012.1 THE PLAYGROUND 978.52 528.08 450.44 07/28/2000 442.78 - none 21.0508.1 THOM, DAVID & COLLEEN 191 .96 159.69 32.27 08/11/2000 25.00 - none 42.1074.1 THOMANN,MARK 227.92 140.57 87.35 08/10/2000 41.04 - none 2.0952.1 THOMAS, TIMOTHY 108.68 62.98 45.70 08/16/2000 35.00 - none 19.5490.1 THOMPSON, DENNIS 140.31 86.31 54.00 07/17/2000 96.93 - none 32.1558.2 THOMPSON, GARY 88.97 48.34 40.63 08/14/2000 39.40 - 34.1550.1 THOMPSON, HARRY 26.13 26.13 06/20/2000 10.00 - none 1 .1950.1 THORNE, TORY 264.17 138.73 125.44 07/19/2000 220.13 - none 1 .1940. 1 THORNE, TORY L 223.54 138.71 84.83 07/19/2000 169.66 - none 21.2768.2 THURBER, RICHARD 232.59 149.06 83.53 08/16/2000 100.00 - 21.2732.3 THURBER, RONALD 442.83 415.07 27.76 69.0226.1 TIMA, KAREN 259.35 227.83 31.52 08/21/2000 150.00 ~ none 35.5017.1 TIMBERLINE CUSTOMS HOMES 62.88 30.56 24.08 8.24 07/07/2000 39.92 - 31.3022.1 TIPTON, GARY 151.81 92.06 59.75 08/10/2000 35.00 - none 2.4800.1 TODD, JUDY L. 144.11 83.29 60.82 07/26/2000 37.45 - none 2.2200.3 TODD, RICK 54.64 30.56 24.08 08/16/2000 24.08 - 74.2520.1 TOLAND, DAVID 107.16 56.04 51.12 07/13/2000 64.26 - none 40.0250.1 TOMICH, LONNY 81.02 45.60 35.42 08/15/2000 30.00 - none 34.0444.2 TOMISSER, CAROL 151.57 119.40 32.17 08/28/2000 50.00 - 50.4022.2 TORGESON, MATTHEW 519.59 374.01 145.58 09/15/2000 50.00 - 42.1216.1 TOROK, ZSOL T 69.24 32.86 36.38 07/21/2000 53.99 - none 74.2464.1 TOWN, NEAL 206.29 98.84 107.45 08/08/2000 106.22 - none 31.2254.1 TURNER, RAYMOND 248.28 248.28 none 21.1174.1 TWADDLE, DAVID 158.09 91.51 66.58 08/14/2000 62.89 - none 34.2104.1 TYLER, HEIDI 133.87 97.56 36.31 08/16/2000 50.00 - none 52.0263.1 UNDER THE ONION 398.52 247.86 150.66 08/16/2000 171.72 - none 32.0249.1 US BANCORP, #300-3368 387.18 327.24 59.94 07/18/2000 181 .44 - none 74.2876.1 USSERY,TRACY 172.58 75.77 64.54 32.27 09/01/2000 32.27 - none 72.0142.1 UTTINGER, CHRISTOPHER 101.33 52.51 48.82 08/08/2000 18.45 - none 22.0178.1 VALDEZ, ADALFO 127.61 75.12 52.49 08/16/2000 45.11 - none 51.2996.1 VALLA, CAROLYN 359.39 272.56 86.83 07/11/2000 24.08 - none 19.8016.1 VALLI BUILDERS 54.64 30.56 24.08 08/21/2000 24.08 - 68.0288.1 VAN GENDEREN, RICHARD 126. 11 70.60 55.51 08/15/2000 53.79 - none 7.0772.1 VAN HEES 81.74 38.36 31.88 6.48 5.02 7.0782.1 VAN HEES BUILDERS INC 85.03 38.36 24.08 13.52 9.07 7.0774.1 VAN HESS BUILDERS 44.12 31.16 6.48 6.48 51.4010.1 VAN HOUTEN, ROBERT 217.64 127.80 89.84 08/17/2000 60.00 - none 1 .1820.2 VANHOUTEN, MICHELLE 78.72 30.56 24.08 24.08 06/08/2000 24.08 - 21.2946.1 VARNER, GERALD & SHAWNA 202.37 169.42 32.95 08/29/2000 100.00 - none 21.1032.1 VELADA, FEDERICO 167.09 98.4 7 68.62 08/14/2000 50.17 - none 1.0780.2 VELMA R BUCK LIFE ESTATE 240.43 217.55 22.88 07/17/2000 22.88 - 34.1904.1 VIDEEN, STEVEN A. 167.69 1 00.00 67.69 08/03/2000 71.38 - none 4.2350.1 VIDEOLAND # 168 80.48 46.72 33.76 07/25/2000 33.76 - none 42.0324.1 VINES, MARK 89.60 50.50 39.10 07/03/2000 162.55 - none 50.3742.2 VNUK, JOHN 523.44 236.67 286.77 08/09/2000 125.64 - 46.0262.1 VNUK, JOHN J 91.94 45.44 46.50 08/15/2000 34.04 - none 22.0318.1 VOORHEES, MICHAEL 94.91 56.23 38.68 08/15/2000 36.22 - none 19.0354.1 VREELAND CO 134.40 74.45 59.95 09/01/2000 50.00 - none 74.2690.2 VUITTONET, JUAN 201 .51 175.79 25.72 33.4518.1 WALBRIDGE, RAYMOND 185.68 19.09 70.98 36.38 59.23 05/01/2000 151.93 - none H* in Msg column indicates no Notice is to be sent ~< ( CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Sep 19,2000 04:07pm Current Period: 09/30/2000 Delinquent Minimum of $ 11.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 07/31/2000 06/30/2000 05/31/2000 Date Amount Msg 21.0004.1 WALKER FAMILY TRUST 116.82 70.34 46.48 08/16/2000 42.79 - none 1.2310.2 WALKER, BETTE 189.91 138.97 50.94 08/16/2000 90.00 - 34.2142.4 WALKER, BRYCE 64.77 46.69 18.08 32.1306.2 WALSH, DAVID & CARA 86.07 48.04 38.03 08/14/2000 30.81 - 1.3340.1 WALSH, RON 165.69 165.69 10/15/1999 191.33 - ***none 4.2132.1 WALSTON, DOUGLAS 247.59 153.40 94.19 08/23/2000 39.91 - none 1.0460.1 WARDLE, JOHN 283.37 168.99 114.38 08/21/2000 125.45 - none 33.3648.2 WARDLE, JOHN 163.72 97.40 66.32 07/21/2000 41 ,72 - 22.1156.2 WARE, JAIMEE 213.27 114.18 99.09 08/15/2000 50.75 - 74.3642.1 WATSON, MICHAEL 109.50 60.98 48.52 08/18/2000 49.68 - none 19.0224.3 WAYNE SWANSON HOMES 77.34 41.91 35.43 07/28/2000 38.48 - 34.0350.1 WEBB, TYLER 31 0.48 196.61 113.87 07/10/2000 131.80 - none 22.1466.1 WELCH, RODNEY 239.1 0 162.15 76.95 08/09/2000 75.72 - none 2.3150.3 WELKER, ROGER 358.06 224.09 133.97 08/11/2000 31.88 - 31.3332.1 WENTZ, DANIEL R 132.02 71.71 60.31 08/11/2000 41.86 - none 22.2082.1 WESTROCK HOMES INC 53.20 38.36 6.48 6.48 1.88 4.1950.1 WHITE, EDWARD 250.15 168.44 81.71 08/14/2000 50.00 - none 5.0792.1 WICK, DON 285.90 170.79 115.11 08/16/2000 100.26 - none 33.2392.1 WIDMAN, WENDY 272.13 163.29 1 08.84 08/16/2000 117.45 - none 21.0180.1 WILBUR, MR ED & A COUPLE SI~ 226.84 1 69.55 57.29 08/15/2000 44.99 - none 50.2132.1 WILCH, PAUL 75.05 30.56 44.49 08/14/2000 60.00 - none 52.0262.1 WILD SHAMROCK LLP 716.07 380.86 335.21 08/16/2000 327.55 - none 69.0500.1 WILLIAMS, FRANK & AIMEE 146.16 74.63 71.53 08/08/2000 64.00 - none 2.2040.1 WILLIAMS, FRED 140.35 82.64 57.71 08/15/2000 40.49 - none 1.3360.1 WILLIAMS, PAUL 127.04 91.55 35.49 09/12/2000 70.00 - none 22.1354.1 WILLIAMS, TERRI 299.88 1 79.01 120.87 08/11/2000 101.19 - none 50.0210.2 WILSON, MITCHELL 122.00 69.55 52.45 08/16/2000 50.00 - 52.0420.1 WINCO FOODS 211.18 55.86 66.21 43.23 45.88 19.0168.1 WINSTON, KEVIN 59.14 33.02 26.12 07/25/2000 24.00 - none 50.4490.3 WINTERS, BRIAN 76.66 51.77 24.89 08/16/2000 42.00 - 20.1272.1 WOLFE, TAMI 183.02 74.57 55.79 52.66 08/02/2000 30.00 - none 4.1560.1 WOOD, JONATHAN 186.21 100.65 85.56 07/28/2000 57.27 - none 2.5020.1 WOOD, KENNETH 199.56 116.55 83.01 07/18/2000 124.20 - none 31.3344.1 WOODRUFF, NOEL R 222.38 153.94 68.44 08/18/2000 90.00 - none 22.1518.1 WOOSLEY, JAMES 307.98 136.74 171.24 07/20/2000 200.00 - none 21.2092.1 WORTHEN. JOEL 64.44 35.46 28.98 07/20/2000 67.96 - none 19.6500.1 WRIGHT, SHEILA 149.20 86.45 62.75 08/14/2000 61.52 - none 50.0028.3 YANKE, RONALD 421.41 268.92 152.49 07/21/2000 252.07 - 2.0670.1 YOUNG, AUSTIN L 98.40 46.02 37.08 15.30 06/16/2000 323.52 - none 31.3248.2 YOUNG, DENNIS 172.05 97.26 74.79 07/17/2000 86.85 - 50.4008.1 YOUNGBLOOD, JON 221.85 136.92 84.93 08/17/2000 92.31 - none 22.1130.1 ZARAK. LEE & JENNIFER 176.10 106.80 69.30 08/09/2000 60.00 - none 69.0064.1 ZIEGLER, TODD 301.78 163.19 138.59 07/26/2000 96.77 - none 2.0350.1 ZIEGLER, WILLIAM 65.10 35.79 29.31 07/07/2000 96.01 - none 33.3570.1 ZOELLER, KATHRYN 52.75 30.56 22.19 08/11/2000 55.08 - none 74.3648.1 ZOUCHA,MERLlN 140.37 78.18 62.19 08/10/2000 54.81 - none Grand Totals: 134,144.06 76,807.45 48,275.11 4,659.28 4,402.22 *** in Msg column indicates no Notice is to be sent f ( LL. W- 0 .... ~ J: U) ...J <( ::> t- ~ ...J U Z ~ 0 (.) 0 l- I- Z W S: u.. 11. 0 I- :J J: en ...J <C :J I- ~ ...J U Z :J 0 U 0 t- I- Z w 3: LL. LL. 0 t- ::) J: en ...J <( ::> I- ~ I f- ...J Z U 0 z :2; ::> ~ 0 U I 0 l- t'--- ("l') 0 t'--- t'--- ~ co "" 0 0:> "l::t 0:: I- ~ I.C) I.C) t'--- 0'> N "l::t 0:> (J) 0 0 I- ~ ('l")~ <X) t'--- <0 <0 <0 N I.C) I.C) <0 Z :tt: LL W u. 3: LL 0 Z ..c: 0:: => 0 ~ I- J: C'\I 05 0 ..c: e::: I- 0:: e::: (0 "r"" Z Z >- W 0 e::: w w >- e::: ~ +ol ..c: ~ at e::: en w OJ co ~ tJJ a; w :E ~ <( ~ I- ~ W OJ :E :E ::>> :I: T'" N T"" U) W OJ ~ f- a w w cr:: () ...J :J 0 ~ :J C2 W W >- .... t- > () z co ~ ~ z Z ...J (!) a.. l'"'- e/) t i u a w <C w ~ ::> ::> :J ::> w U 0 a z c J LL :E :E ~ ~ ~ <( cn 0 I- September 15, 2000 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT City Treasurer - Janice Smith REQUEST Treasurer's Report September 19, 2000 ITEM NO. 24-A- 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ll ~ ~~ qY{ ~ ~.0). / (~r bVd F SQ rP 1 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 15, 2000 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT City Engineer - Gary Smith REQUEST 2000 WWTP Trunk Sewer Extension Bid Results September 19, 2000 ITEM NO. 24-B- 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: See attached Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Qo"'U )> CD cno c.. a: 0- -- "'C CD en COo :J C/J :::J CD CD D.) 0- 0 a. - Q) c -0 )> .., .., 0 ~ 0 " \J :::J ~ CD 0 :::l. :E c '< CD > () Q. 3: 0 CO 3 CD 0 \J 3 OJ c CD CD a: z ..... :::J a. -I CD ..... CD a. ;: Qo-o )> OJ cno a. 0: ---0 a. COo CD en :J en :J CD CD m a. 0 c. - m c -u )> ..., ;::+: .., 0 '< 0 " -0 :::J ~ CD 0 ::!.. :E c '< m > () a. 3: 0 co 3 CD 0 ~ 3 CD c: CD CD a: z ..... :J a. -f CD ..... CD a. :-! ~ .~ ~ 1'\ " '\ ,.1 ........... ~, ~ '\ \ '\ ~ f ~ l~ t ,,~ r "", ~ "- \ '\ ~ ~ ~ ~ ~ \~ ~ ~ ~ ~ v~ ~ " r-' "- ~ \ \ r ~1 ~ ~ \~ " (?) t:'~. """: ~ """ ~ mOJ-o z-;o G)OO -Oc... z-om mm<J mz-t ::0--- - - Z G) c....wrv C - - 0 rT'IOO """'00 ~~~ <9.~ :J - <Den-t CDCO-o ..., -0 -..I C/'J,....-' <D 2 r7 3:J 'l\ 0-" ~.. <D en ~- ..., CD ~:E ~ _l\J CD X, ~;;. o~ Om Q) :J .....cn ()O ~::s I Q) City of Meridian Public Works Dept. Memo To: Mayor Corrie From: Brad Watson, P.E. ~ CC: File, Gary Smith, PE Date: 09/14/00 Re: September 19 Council Meeting - Request for Items on Public Works Department Report I am requesting the following two items be placed on the City Council meeting agenda for their consideration at the September 19 meeting. 1 ) 2000 VWVTP Headworks Imorovements. Bids were opened September 12 for this project. This project ties in the 36" sewer trunk through Ed Sews' property north of the WWTP to the plant itself. Three bids were received and are summarized below: JC Constructors Star Construction Inninger Construction Engineer's Estimate $61 ,760.00 $110,168.10 $123,568.00 $102,139.82 Obviously, the wide spread between the low bid and the others has raised significant concern. Our consulting engineer, Phil Krichbaum, PE, of JUB Engineers has had several conversations with the low bidder over the last two days to ensure that JC Constructors can do the project at their bid price. JC Constructors wants to proceed with the contract Phil Krichbaum is confident that this contractor can perform the work and recommends that the City award the contract contingent upon satisfactory investigation of references, bonds and licensure. Public Works and JUS Engineers will complete this evaluation prior to the September 19 Council Meeting. The Public Works Deparbnent recommends that City Council award the contract for this project to JC Constructors subject to satisfactory evaluation of their references, qualifications and license. 2) Wastewater Treatment Plant Temperature Phased Anaerobic Diaester CTPAD) License Aareement. The digester project at the wastewater treatment plant is . Page 1 nearing 'completion. The new digestion process to -be employed is a patented process developed by Iowa State University that will produce Class A biosolids. Consequently, a royalty fee is required to place this process in operation. Anaerobic Biosystems Corporation, Inc. licensed the patent rights from the Iowa State Research Foundation and is the licensor. We have been aware of this royalty requirement since we authorized Keller Associates to initiate design of the new digester facility. The royalty fee is a one time payment of $15,340 for up to six dry' tons of biosolids pet day. An additional one time payment of $340 per dry ton will be required if the City ever produces more than the six dry tons per day. For reference purposes, the WVVTP currently produces between 2.0 and 2.5 dry tons per day. A copy of the license agreement is encfosed for your review. I sent the draft license agreement to Bill Nichols in July and have discussed it with him. The Public Works Department requests that the license agreement with Anaerobic. Biosystems Corporation, Inc. be approved by Council and to authorize payment of a $15,340.00 royalty fee. Thank you for your consideration. Please call me if you have any questions or need additional infonnation. . Page 2 ( September 151 2000 Department Reports MERIDIAN CITY COUNCIL MEETING September 191 2000 APPLICANT City Engineer - Gary Smith ITEM NO. 24-B-2 REQUEST WWTP Temperature Phased Anaerobic Digester (TPAD) License Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached ,vJ-/ #v111 f'P Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Mayor Conie F~m: Brad Watson, P.E. ~ cc: File, Gary Smith, PE Date: 09/14/00 Re: September 19 Council Meeting - Request for Items on Public Works Department Report I am requesting the following two items be placed on the City Council meeting agenda for their consideration at the September 19 meeting. 1 ) 2000 WVVTP Headworks Improvements. Bids were opened September 12 for this projed. This project ties in the '36" sewer trunk through Ed Sews' property north of the 'NNTP to the plant itself. Three bids were received and are summarized below: JC Constructors Star Construction Irminger Construction Engineers Estimate $61,760.00 $110,168.10 $123,568.00 $102,139.82 Obviously, the wide spread between the low bid and the others has raised significant concern. Our consulting engineer, Phil Krichbaum, PE, of JUS Engineers has had several conversations with the low bidder over the last two days to ensure that JC Cons~ctors can do the project at their bid price. JC Constructors wants to proceed with the contract. Phil Krichbaum is confident that this contractor can perfonn the work and recommends that the City award the contract contingent upon satisfactory investigation of references, bonds and licensure. Public Works and JUS Engineers will complete this evaluation prior to the September 19 Council Meeting. The' Public Works Deparbnent recommends that City Council award the contra~t for this project to JC Constructors subject to satisfactory evaluation of their references, qualifications and license. ' 2) Wastewater 'Treatment Plant Temoerature Phased Anaerobic Diaester (fPAD) License Aareement. The digester project at the wastewater treatment plant is . Page 1 ( nearing completion. The new digestion process to be employed is a patented process developed by Iowa State University that will produce Class A biosolids. Consequently, a royalty fee is required to place this process in operation. Anaerobic Biosystems Corporation, Inc. licensed the patent rights from the Iowa State Research Foundation and is the licensor. We have been aware of this royalty requirement since we authorized Keller Associates to initiate design of the new digester facility. The royalty fee is a one time payment of $15,340 for up to six dry tons of biosolids per day. An additional one time payment of $340 per dry ton will be required if the City ever produces more than the six dry tons per day. For reference purposes, the WNTP currently produces between 2.0 and 2.5 dry tons per day. A copy of the license agreement is enclosed for your review. I sent the draft license agreement to Bill Nichols in July and have discussed it with him. The Public Works Department requests that the license agreement with Anaerobic Biosystems Corporation, Inc. be approved by Council and to authorize payment of a $15,340.00 royalty fee. Thank you for your consideration. Please call me if you have any questions or need additional information. . Page 2 September 15, 2000 Department Reports MERIDIAN CITY COUNCIL MEETING September 19 I 2000 APPLICANT Parks and Recreation - Tom Kuntz REQUEST Generations Plaza II Request to Work Bid Results ITEM NO. 24-C- 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: jlJ)lJ 1JrB ~~1ft;t VJ fJ; iJ 09 ,1)1)\1'9..1 '1 ~ 0 i t1J~ ~ S ~ I Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. r · ... ( = THE LAND GROUP, INC~ """,,,mN'f Of Landscape Architecture · Civil Engineering · EnvirOll11tental & Site Planning 128 S. Eagle Road. Eagle., Idaho 83616 - PhOHC (20B) 939-4041 . Fax (208) 939-4445 f\ S L A Dear T ODI: elc rn1- RECEiVED SEP 1 9 2000 an Of MERIDIAN J!13e.~ August 29, 2000 T onl Kuntz City of Meridian Parks Director II West Bo\ver Street Meridian,ID 83642 We are excited to notify the City of Meridian a list of contractors bidding on the Generations Plaza II Project. Following is a list of contractors and their bid costs. Project: Bid Opening GENERA nONS PLAZA ]J : Final Cost Estimate = $78,023.00 9/15/00, 3:00 pOl Parks Dept. Budget = $77,000.00 BIDDER Wright Bros. Guho Corp. Beniton Proposed Properly Completed X X X & Signed OentXal Inlonnation Required X X X of BidJers TOT AL B.lD $88.780.00 $92,976.00 $102,637.00 After revievv'ing the bids and the forms"> we suggest to the City of Meridian to award the project to the apparent low bid, Wright Brothers, Inc., Eagle, ldaho. Understanding this project is over budget, we reviewed the bid with Wright Brothers, taking out certain items such as site furnishings and costs incurred by a neighboring landscape. The following are change order items that will be deducted from the base bid. ITEM A...................................................................Cost $ 3,174.00 1. Sod (600 Sq. Ft.) 2. Planter bed preparation (280 sq.ft) 3. Mulch (2.5 C.y.) 4. Irrigation ( 850 Sq. Ft) 5.Concrete Edging (70 line Ft.) 6. Trees (3) 7. Plant Material ITEM. B........................ ......... ............. ............. ..... ... Cost $7,483. 00 8. Trash Receptacles (4) 9. Drinking Fountain (1) 10. Bike Racks (3) 11. Bench (1) (See attached for cost deducts) Wright Brotllers Base Bid Total Deduct Items (ITEM A & ITEM B) $88,780.00 -$10..656.00 TOTAL ADJUSTED CONTRACT PRICE $78,124.00 We believe this reduction will put the final cost within the budget number you supplied us. All items subtracted can be added next spring by the Parks Department in time for the summer season. r ~ ~ 'IIot. J33iilS OHVOIlS3M I~ tti~ CJ ~ ~ If ~~ w, ~ ~ i-' ~ .. I :Ii!~ · ~ ~ ~I mj [iJ c ::I ~ ~ ..... :z ..cr ..... C ..... p: ~ ~ tu w ! t; ... ~ ~ ...... < NZ j< o...~ ~ ....... rnp:= z~ o~ ...... ~~ PZo ~~ Z~ ~t--I OU CONTRACT CHANGE ORDER DATE: October 18, 2000 ORDER NO.: 01 CONTRACT FOR: GENERATIONS PLAZA PHASE 2 OWNER: CITY OF MERIDIAN, IDAHO TO: Wright Brothers Construction (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes In INCREASE DECREASE This Change Order in Contract Price in Contract Price (list separately) Excavate Contaminated Soil $630.00 Additional General Requirements for Contaminated Soil Delay $485.06 Electrical Lighting Change $0.00 Change of Drinking Fountain -$465.00 Deduct for Donated Concrete -$175.00 Costs Sum of Increase and Decrease: $475.06 Net Change in Contract Price: $475.06 JUSTIFICATION (attach supplemental documents): CHANGE IN CONTRACT PRICE: Original Contract Price: $88,780.00 Previous Change Orders No. o to No. 0 o Contract Price prior to this Change Order: $88,780.00 Net (Increase/Decrease of this Change Order: $475.06 29 Contract Price with all approved Change Orders: $89,255.06 CHANGE IN CONTRACT TIME: Original Contract Time: Nov. 17,2000 Previous Change Orders No. o to No. 0 o Contract Time prior to this Change Order: Nov. 17,2000 Net (Increase/Decrease) of this Change Order: 3 days Contract Time with all approved Change Orders: Nov. 22, 2000 This document will become a supplement to the Contract and all provisions will apply hereto. ACKNOWLEDGEMENT OF CHANGE ORDER LIMITS BY CONTRACTOR The increase or decrease in Contract price and/or Contract time stated in each and every Change Order shall unequivocally comprise the total price and/or time adjustment due or owed the CONTRACTOR for the work or changes ordered by the Change Order. By executing the change Order, the CONTRACTOR acknowledges and agrees that the stipulated price and/or time adjustments represent full compensation for all increases or decreases in cost or the time required to perform the Contract as whole arising directly or indirectly from the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under Contract not changed by the Change Order. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in Contract price and/or time, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this Change order constitutes an agreement between Owner and CONTRACTOR that the Change Order represents an equitable adjustment to the Contract, and that CONTRACTOR will waive all rights to file a claim of the Change Order after it is properly executed. All Change Orders shall include a written record, submitt~d by the CONTRACTOR, that states the basis of cost amount, including time and materials data, that enables the Owner to determine the necessity a re so ableness of the Change Order. DATE: 1 0/18/00 DATE: #t"17"1:I DATE: I/j~~ ~ . September 15, 2000 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor Robert D. Corrie September 19, 2000 ITEM NO. 24-0-1 REQUEST Approval of the renewal contract for White, Peterson, Pruss, Morrow and Gigray AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: A~t!~ (JJ~r /' MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: 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. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F. GIGRAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS. CHRISTOPHER S. NYE PHILIP A. PETERSON ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R. WHITE** 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653..0247 TEL (208) 466~9272 FAX (208) 466..4405 Email viaInternetwfu@wppmg.com MERIDIAN OFFICE 200 EAST CARLTON AVENUE SUITE 31 POST OFFICE BOX 1150 MERIDIAN. IDAHO 83680~1150 TEL (208) 288~2499 FAX (208) 288~2501 · ALSO ADMITTED IN OR ..ALSO ADMIITED IN WA PLEASE REPLY TO NAMPA OFFICE August 31, 2000 Mayor Robert D. Corrie Councilman Keith Bird Councilman Ron Anderson Councilwoman Tammie deWeerd Cotlncilwoman Cherie McCandless Re: Retainer Proposals for FY 2000-2001 Dear Mayor and Council: The firm appreciates the opportunity to present its retainer proposals for the coming fiscal year. We believe that we provide excellent representation to the City and its departments, and we wish to continue, and 1001, for ways to improve our representation. The current retainer covers all criminal prosecutions, judicial review matters involving land use decisions, and other non-judicial civil worl" including attendance at Council and Planning and Zoning Commission meetingsa When the current retainer was set, our staffing consisted of one full time prosecutor, one attorney who split his time between prosecution and civil, primarily planning matters, and one part time attorney for the remainder of the civil worl" with special matters assigned to other lavvyers within the firm as the need arisesa We had at the outset, one and one half support staff for the criminal prosecution, one full time support staff on civil matters, and other support staff as needed for Planning and Zoning Recommendations, judicial review suits, etCa Since then, we have had to increase the support staff for criminal prosecution to two full time positions. The attorney covering Planning and Zoning Commission meetings has regularly attended two per month. Originally it was contemplated that there would be one per month with an occasional extra meeting. The Council anticipates going to three regular meetings per month plus one worl<.shop, and P & Z has requested that the ordinance be changed to schedule two meetings per month on a regular basis. Criminal prosecution continues to be busy, and with the addition of more police officers, the number of cases will increase. A August 3 1, 2000 Page 2 fact sheet concerning our prosecution efforts is attached to this request~ In Proposal A, to just tal,e care of the increase in staffing and the increase in the civil work, and to reflect the additional meetings, we are requesting a retainer of $35,500;p-er~m0ll~which is an increase of $2,500 over the current retainer~ This amounts to a 7% increase~ It is within the budget for legal fees~ In Proposal B, in addition to the items justifying an increase as reflected in Proposal A, we are proposing to add a substantial amount of civil code enforcement, up to 200 hours in the fiscal year, and we will seel, to hire an experienced attorney to handle the part time prosecutor, part time civil attorney position~ As you might imagine, it costs considerably more to hire an attorney with experience~ We have interviewed an attomey with over 9 years prosecution experience whom we believe would be an excellent addition to our team~ Having an experienced attorney on staff will improve the quality and quantity of our prosecution efforts. We see this civil code enforcement issue to be critical to obtaining compliance with existing ordinances~ Unlil,e a criminal case, the City's burden of proof will be lower, and we can seel, injunctive relief to shut dovvn persistent violators who refuse to comply~ We believe that we can identify some l,ey target cases to pursue, and the ward will quicldy spread that the City is serious about code enfarcement~ For this additional warl" plus attempting to hire a more experienced attorney, we seel, a retainer of $39,000 per- month~ This amount is also within budget. We 1001< forward to discussing this with yau~ Very truly yours, ~ Wm. F. Nichols Enclosure MERIDIAN PROSECUTION FACT SHEET · From January 1, 2000 through June 30, 2000 the City of Meridian had 1, 036 misden1eanor cases and 2,135 infractions filed. COlliparison to other agencies during sanle tirne period, 1/1/00 - 6/30/00. Ada County Prosecutor 4, 785 rvlisden1eanors 15, 307 Infractions · Boise City Prosecutor 6,099 Misdenleanors 13,727 Infractions . NOTE: Ada County employs 8 prosecuting attorneys to handle the above case load. Boise City has 6 to 7 prosecutors at the courthouse at one time, but ernploys 18 in their otlice to handle this caseload. In addition, Boise City is in the process of hiring 3 luore prosecutors as they feel the present caseload is too heavy. · Average Caseload _Per Prosecutor Ada County Prosecutor 598 Ivlisdenleanors per prosrcutor 1,913 I nfl-actions per prosecutor Boise City Prosecutor 338 Ivlisdenleanors per prosecutor 762 Infi-actions per prosecutor lvlerilli{lJ1. ('lity Proseclltor (1.5 prosecutors as per contract) 690 Ivlisdenleanors per prosecutor 1, 423 Infractions per prosecutor NOTE.: Each agency, excluding Ivleridian, assigns at least one (and often two) prosecutors to each of the six l\/lagistrate Judges at JVlagistrate Court. As a result, Meridian Prosecutors often find themselves stretched bet'vveen 5 (soon to be six) courtrooms at any one tillie. · In July of 1999, N[eridian had 72 pre-trial conferences. In Jltly of2000, there were 102. NOTE: July of 2000 was also only a three 'vveek calerldar as there was Judicial Conference the Judges attended at the end of the lTIonth. (- · In August of 1999, Meridian had 58 pre-trial conferences. In August of 2000 there have been 128. In JLlly of 1999, Meridian had 92 couli trials. In July of2000, with only three weelcs in the month, Ivleridian had 84. · In July of 1999, IYleridian haq 80 sentencing hearings. In July of2000, there were 36. NOTE: These nUlnbers are sOlnewhat lopsided as in lTIOst instances sentencing hearings will take place at the pre-trial conference, jury trial or couli trial. · In July of 1999, Tvleridian had 12 Motion _Hearings (BAC's, Suppression, In Limine, Probation Violation, Contempt). In July 2000, N[eridian had 20 such hearings. · CLIffently there are five outstanding code enforcen1ent cases: J aInes Ranson1 - Junk Vehicles Dennis Huntting - Failure to Obtain Occupancy Pern1it Pat King - Violation of Accessory Use Code John Nesmith (x2) - Zoning Violation and Failure to Obtain Occupancy Permit Hovv'ever, according to the Planning and Zoning Departtnent, the City has in the neighborhood of 50 code violators that the City is unable to prosecute due to resources. · The amount offines collected fi~om the court systelTI has averaged around $25,000 per month. AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridiall White, Peterso11, Morrow, Gigray, Rosslnall, Nye & Rosslnan, P.A. THIS AGREEMENT Inade this day of ,2000, byalld betweell the City of Meridian, a MUllicipal corporation orgallized alld existillg by virtue of the laws of the State of Idaho, hereinafter referred to as "Meridiall", and the firln of White, Peterson, Morrow & Gigray, Rosslnan, Nye & Rosslnall, P.A., a professiollal association, organized al1d existillg by virtue of the laws of the State of Idaho, 11ereillafter referred to as "White Petersoll". I. DEFINITIONS: 1. "Additiollal Legal Services" lneans alld refers to legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgmellt matters not covered by the City's insurance carrier and special matters illvolvillg bonding and/or judicial cOllfirlnations alld other Inatters involving legal actions agail1st the City of Meridial1110t covered by the City's Insurance Carrier and/or lnatters involving litigatiol1 pursued Ul1der federal regulation alld/or Inatters i11volvil1g particular expertise under federal regulatiol1s; and civillnatters in wl1ich the City of Meridian is a plaintiff or petitioner. 2. "Col1tract Legal Servicesll means and refers to tIle provision of legal services to prosecute all criminallnisdemea11ors, illfractions, and crilninal code enforcell1ent action illvoIvi11g Inatters occurring within the corporate lilnits of or illitiated by Meridiall or illvolving the ellforcelnellt of City ordinances and/or Idaho State Law; and the provision of legal services which shall include staffing of all regular City Council al1d Planllillg al1d Zonillg COlumissiol1 Ineetil1gs as well as preparation of the necessary ordinances, resolutions, plannillg alld zoning recommendations, findings alld orders, review of contracts, judicial review of plal1nillg and zoning lnatters, alld all other related legal worl<, but this defillition does 110t include circumstallces when Meridian is required to provide separate legal counsel ill elnployment Inatters, or matters under the jurisdiction of the state alld or federal AGREEMENT - 1 (- goverl1lnent. 3. "Fiscal Year" lneans alld refers to Meridian's fiscal year, ll0W begillning October 1st and ending September 30th of each calelldar year, as provided by State law al1d this definitio11 shall be considered autolnatically alnended in the event of an amendlnent of the provisio11S of Idaho law relative to the establishlne11t of the fiscal year for Meridiall. 4. "Meridian" means alld refers to the City of Meridian a 111Ullicipal corporation organized alld existillg under the laws of the State of Idaho, party to this Agreement. 5. "White PetersOll" 111eans and refers to White, Peterson, Morrow, Gigray, Rosslnan, Nye & Rosslnall, P .A. an Idaho Professional Associatiol1 orgal1ized and existing ullder the laws of the state of Idaho for the purpose of providing Legal Services. II RECITALS 1. WHEREAS Meridian is to appoillt a city attorl1ey as provided in Idaho Code S 50-204; 2. WHEREAS Meridian is in 11eed of legal services to prosecute all criminallnisdemeanors and illfractions a11d code ellforcement actions illvolving lnatters occurring within the corporate limits of or initiated by Meridiall i11volvillg the enforcemel1t of City ordinances and/or Idaho State Law; and 3. WHEREAS Meridian is ill11eed of legal services which shall include attelldance at all regular and special City Councillneetings and Plallni11g and Zoning COlnmission Ineeti11gs as well as preparation of the necessary ordinances, resolutions, planning alld zOlling recomlnendations, filldi11gS and orders, review of contracts, judicial review of planning and zOlling Inatters, and all other related legal worlc. 4. WHEREAS Meridian may from time to time need additional legal services for judicial reviews of final actions of the City involvillg quasi judicialluatters, other tha11 planning and zOlUllg Inatters, declaratory judgrnellt matters not covered by the City's insurance carrier and special matters involving bOllding and or judicial c011firmations; and AGREEMENT - 2 ( 5. WHEREAS White PetersOll provides legal services for lTIUllicipalities and is willing and capable of providing Legal Services and Additiollal Legal services to the City of Meridian under the terms of this agreelne11t. III TERM: The term of this Agreell1ellt s11all COlnmel1ce on the date hereinafter set forth and shall be for an initial term COlTIlnensurate with the fiscal year, subject to rellewal alld negotiation 011 scope of worl< and compensation as hereinafter provided for. IV SCOPE OF WORI(: White Peters011 shall perfOrlTI C011tract Legal Services and Additional Legal Services for the City of Meridian in accordallce with the provisiollS of this agreelnellt. v. APPOINTMENT OF CITY ATTORNEY: For purposes of the legal requirelTIents of I.C. S 50-204, Meridian appoints the Directors and lavvyer associates employed by White Peterson as City attorney. VI. COMPENSATION: I. For Contract Legal Services Meridian shall pay White Peterson the SUlTI of Thirty Five Thousand Five Hundred alld Noll 00 Dollars ($35,500.00) per month; and 2. For Additional Legal Services Meridian shall pay White Peterson the SUlTI of One HU11dred and Noll 00 Dollars per hour for judicial review matters and for other Additiol1al Legal SeIVices based upon agreement betweell Meridian and White Peterson as authorized by the Mayor and City Council as a reasonable fee for the type of legal service required. VII COSTS: recordi11g fees, exhibit costs a11d subpoena a11d witness fees a11d travel costs will be billed separately as i11curred by White Peterson as authorized by Meridian. VIII RE-NEGOTIATION OR TERMINATION: 1. At the time of the preparation of the budget in accordance with the procedures of Meridia11, White Peterson shall sublnit its proposal for the scope of worl, and compensation for the followillg fiscal year. Meridian and White PetersOll shall11egotiate ill good faith the AGREEMENT - 3 appropriate provisions for the scope of worle al1d compensatiol1 in accordance with the budget process. 2. This agreelnent lnay be tenni11ated upon mutual agreelnent of the parties, or Meridia11 may terlninate this agreelne11t with 60 days 110tice by followi11g the procedure for relTIOval of appoi11tive officer set forth in I.C. S 50-206 or White PetersOl11nay terlnil1ate this agreelnent with 90 days notice. IX GENERAL PROVISIONS: 1. Alteratiofls: No change, alteration, lTIodificatio11, or addition to this agreelnent shall be effective unless il1 writing al1d properly executed by the parties l1ereto. 2. Gover11ing Law. This Agreelnent shall i11 all respects be subject to, and governed by, the laws of the State of Idaho. 3. Notices: All notices required to be given to each of the parties hereto under the tenns of this Agreelnents shall be given by depositi11g a copy of such 110tice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at" the following address: City of Meridial1 33 E. Idaho Meridian ID 83642 V\'hite, Peters011, Morrow, Gigray, Rossman, Nye & Rosslnan, P.A. 200 E. Carlton Ave Meridian ID 83642 4. Headings. The Article a11d Section headil1gs in this Agreement are inserted for convenience only aJ.1d are not part of the Agreement. 5. Severability: In the event al1Y sectio11, paragraph, or portion of this agreelnent shall be or be deemed to be by any court having lawful jurisdictio11 of the subject lnatter of this agreelnent void, voidable, or invalid for any reason, this agreement sl1all be otherwise valid and e11forceable as if said void, voidable, or invalid section, paragraph or AGREEMENT - 4 portion of this agreelnent had 110t beel1 a part hereof i11 the first il1stance. 6. Counterparts: This agreelne11t shall be executed by the parties in two (2) .coul1terparts, and each such counterpart shall be deelned al1 "origiI1al". IN WITNESS WHEREOF, t11e parties have executed this agreement the day al1d year first above vvritten. CITY OF MERIDIAN By: ROBERT D. CORRIE, 1v1AYOR WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By: InsglZ:\W ork\M\Meridian 15360M\Meridian Presentation\2000MO I RetainerAgmt35 5I( AGREEMENT - 5 AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridia11 White, Peters011, Morrow, Gigray, Rossman, Nye & Rosslnal1, P .A. THIS AGREEMENT lnade this day of ,2000, by and between the City of Melidian, a MU11icipal corporatio11 orgaluzed al1d existing by virtue of the laws of the State of Idaho, hereil1after referred to as "Meridia11", and the firln of White, Peterson, Morrow, Gigray, Rosslna11, Nye & Rosslnan, P.A., a professional associatio11, orga11ized a11d existing by virtue of the laws of the State of Idaho, hereinafter referred to as "White Peterso11". I. DEFINITIONS: I. "Additional Legal Services" Inea11S and refers to legal services for judicial reviews of final actions of the City involvi11g quasi judicial matters, other than planning a11d zoning Inatters, declaratory judgment matters not covered by the City's insurance carrier and special matters involvi11g bonding and/or judicial c011firluations and other Inatters involving legal actions agail1st the City of Meridia11 110t covered by the City's Insurance Carrier and/or matters il1volving litigatiol1 pursued u11der federal regulation and/or matters i11volving particular expertise ul1der federal regulations; and civillnatters in which the City of Meridian is a plaintiff or petitioner. 2. "Contract Legal Services" lneans and refers to the provision of legal services to prosecute all criminal misdemeal1ors, i11fractiollS, a11d criminal code enforcelnent action i11volvillg matters occurring within the corporate lilnits of or irlitiated by Meridiall or i11volving the enforcement of City ordillances and/or Ida110 State Law; and the provision of legal services which shall include staffil1g of all regular City Council a11d Planning and Zoning Cormnission Ineetings as well as preparation of the necessary ordinances, resolutions, planning and zoning reconunendations, findings and orders, review of COlltracts, judicial review of planning and zoning luatters, and all other related legal worlc, but this defi11ition does 110t include cirCUlnsta11ces when Meridian is required to provide separate legal counsel in ell1plo)'lnent n1atters, or matters under the jurisdiction of the state and or federal AGREEMENT - I (' governll1ellt. III addition to the foregoillg, "Contract Legal Services" shalllnean and refer to prosecution of civil lawsuits alld nOll-judicial actiol1 related to civil code enforcement, up to 200 hours per fiscal year, as directed by the Mayor a11d Council. 3. "Fiscal Year" lneans alld refers to Meridian's fiscal year, 110W beginnillg October 1st and el1di11g Septelnber 30th of each cale11dar year, as provided by State law and this defilution shall be considered autolnatically amended i11 the eve11t of al1 alnelldlne11t of the provisions of Idaho law relative to the establishlnent of the fiscal year for Meridian. 4. "MeridiaI1" means and refers to the City of Meridiall a mU11icipal corporation organized a11d existi11g under the laws of the State of Idaho, party to this Agreelnent. 5. "White Peterson" means and refers to White, Peterson, Morrow, Gigray, Rosslnan, Nye & Rossman, P .A. an Idaho Professional Association organized and existing ullder the laws of the state of Idaho for the purpose of providing Legal Services. II RECITALS 1. WHEREAS Meridian is to appoint a city attor11ey as provided in Idaho Code ~ 50-204; 2. WHEREAS Meridian is in need of legal services to prosecute all crilninal misdemeanors and infractiol1s a11d code enforcement actions i11volving lnatters occurring withi11 tIle corporate lilnits of or initiated by Meridian illvolving the el1f"orcelnent of City ordinances a11d/or Idaho State Law; a11d 3. WHEREAS Meridian is in lleed of legal services which sl1all i11clude attel1dance at all regular and special City Council meetings and Planning and Zoni11g Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoni11g recoffilnendations, findings and orders, review of COlltracts, judicial review of planning a11d zoning lnatters, and all other related legal work. 4. WHEREAS Meridian may from time to time need additional legal services for judicial reviews of final actio11S of the City involving quasi AGREEMENT - 2 (' judiciallnatters, other thall plannillg and zonillg matters, declaratory judgrnent Inatters not covered by the City's illsurallce carrier and special matters involvil1g bOlldillg alld or judicial cOl1firlnatiollS; al1d 5. WHEREAS White Petersoll provides legal seIVices for lTIunicipalities and is willing and capable of providing Legal SeIVices alld Additional Legal seIVices to the City of Meridian under the terms of this agreernent. III TERM: The terlTI of this Agreelnent shall commellce on the date hereinafter set forth and shall be for all illitial term COlTIlnensurate with the fiscal year, subject to renewal alld negotiation on scope of worle and compellsatioll as hereinafter provided for. IV SCOPE OF WORI(: White Peterson shall perfOrlTI COlltract Legal SeIVices alld Additional Legal SeIVices for the City of Meridian in accordance with the provisions of this agreement. v. APPOINTMENT OF CITY ATTORNEY: For purposes of the legal requirelnents of I.C. S 50-204, Meridian appoints the Directors and la-wyer associates elnployed by White Peterson as City attorney. VI. COMPENSATION: I. For Contract Legal SeIVices Meridian shall pay White Peterson the sum of Thirty Nil1e Thousand and No/I 00 Dollars ($39,000.00) per Inollth; and 2. For Additional Legal SeIVices Meridian s11all pay White Peterson the sum of One Hundred alld No/IOO Dollars per hour for judicial review Inatters and for other Additional Legal SeIVices based upon agreement betweel1 Meridian and White Peterson as authorized by the "Mayor and City Council as a reasonable fee for the type of legal seIVice required. VII COSTS: recording fees, exhibit costs and subpoena and witness fees and travel costs will be billed separately as incurred by White Peterson as authorized by Meridian. VIII RE-NEGOTIATION OR TERMINATION: 1. At the time of the preparatio11 of the budget in accordance with the AGREEMENT - 3 ( procedures of Meridian, White Peterson shall sublnit its proposal for the scope of work and compel1sation for the followi11g fiscal year. Meridiall alld White PetersOl1 shall negotiate in good faith the appropriate provisiol1S for the scope of worl( and cOlnpensatioll in accordal1ce with the budget process. 2. This agreelnel1t may be terminated upon lTIutual agreement of the parties, or Meridian lnay terlninate t11is agreelnent "With 60 days notice by followil1g the procedure for relTIoval of appointive officer set forth ill I.C. S 50-206 or White Peterson may tenrul1ate this agreelnent "With 90 days notice. IX GENERAL PROVISIONS: 1. Alterations: No change, alteration, lTIodification, or additioll to this agreelnellt shall be effective unless in vvriting and properly executed by the parties hereto. 2. Governing Law. This Agreelnent shall in all respects be subject to, and goverl1ed by, the laws of the State of Idaho. 3. Notices: All notices required to be givell to each of tIle parties hereto under the tenns of this Agreements shall be given by depositing a copy of such 110tice in the U11ited States Inail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at tI1e following address: City of Meridiall 33 E. Idaho Meridian ID 83642 White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. 200 E. Carlton Ave Meridiall ID 83642 4. Headings. The Article alld Section headings in this Agreement are inserted for convenience OIUY and are not part of the Agreelnent. 5. Severability: In the event any sectioll, paragraph, or portion of this agreen1ent shall be or be deelned to be by al1Y court having lawful AGREEMENT'- 4 jurisdiction of the subject Inatter of this agreen1ent void, voidable, or i11valid for al1Y reason, this agreelnel1t shall be otherwise valid and e11forceable as if said void, voidable, or i11valid section, paragraph or portion of this agreen1el1t had not been a part hereof in the first insta11ce. 6. Counterparts: This agreement shall be executed by the parties in two (2) counterparts, and each such counterpart shall be deelned an "original". IN WITNESS WHEREOF, the parties have executed this agreelnent the day and year first above written. CITY OF MERIDIAN By: ROBERT D. CORRIE, MAYOR WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By: msgjZ:\ W ork\M\Meridian 15360 M\Meridian Pres en tation\2000-0 1 RetainerAgmt3 9I( AGREEMENT - 5 AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridia11 White, Peterson, Morrow, Gigray, Rossn1a11, Nye & Rosslna11, P.A. THIS AGREEMENT made this 2.tJ day of Se-p~ b~, 2000, by and between the City of Meridia11, a Municipal corporation organized and existing by virtue of the laws of the State of Idaho, 11ereinafter referred to as "Meridian", and the firm of White, Peterson, Morrow, Gigray, Rossman, Nye & Rosslnan, P.A., a professional associatio11, organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "White Peterson". I. DEFINITIONS: I. "Additional Legal Services" means and refers to legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and/or judicial confirmations and other .matters involving legal actions against the City of Meridian not covered by the City's Insurance Carrier and/or matters involving litigation pursued under federal regulation a11d/or matters involving particular expertise under federal regulations; and civil matters in which the City of Meridian is a plai11tiff or petitioner. 2. "Contract Legal Services" means and refers to the provision of legal services to prosecute all criminal misdemeanors, infractions, and criminal code enforcement action involving matters occurring 'Within the corporate limits of or initiated by Meridian or involving the enforcement of City ordinances and/or Idaho State Law; and the provision of legal services which shall include staffing of all regular City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters, and all other related legal work, but this definition does not include circumstances when Meridian is required to provide separate legal counsel in employment matters, or matters under the jurisdiction of the state and or federal AGREEMENT - I \ , ( governmel1t. In addition to the foregoi11g, "Contract Legal Services" shall mean and refer to prosecution of civil lawsuits a11d nOl1-judicial action related to civil code enforcement, up to 200 hours per fiscal year, as directed by the Mayor a11d CouI1cil. 3. "Fiscal Year" lneans and refers to Meridian's fiscal year, now beginning October 1st and ending Septelnber 30th of each caleI1dar year, as provided by State law and this definition shall be considered automatically amended in tl1e event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Meridian. 4-. "Meridian" means and refers to the City of Meridian a municipal corporation organized and existing under the laws of the State of Idaho, party to this Agreement. 5. "White Peterson" means and refers to White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P .A. an Idaho Professional Association organized and existing under the laws of the state of Idaho for the purpose of providing Legal Services. II RECITALS 1. WHEREAS Meridian is to appoint a city attorney as provided in Idaho Code S 50-204; 2. WHEREAS Meridian is in need of legal services to prosecute all criminal misdemeanors and infractions and code enforcement actions involving matters occurring within the corporate limits of or initiated by Meridian involving the enforcement of City ordinances and/or Idaho State Law; and 3. WHEREAS Meridian is in need of legal services which shall include attendance at all regular and special City Council meetings and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters, and all other related legal work. 4. WHEREAS Meridian may froIn time to time need additional legal services for judicial reviews of final actions of the City involving quasi AGREEMENT - 2 judicial matters, other tha11 planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding a11d or judicial c011firmations; and 5. WHEREJ\S White Peterson provides legal services for municipalities and is 'Willing and capable of providing Legal Services and Additional Legal services to the City of Meridian under the tenns of this agreement. III TERM: The term of this Agreement shall commence on the date hereinafter set forth and shall be for an initial term commensurate 'With the fiscal year, subject to renewal and negotiation on scope of worl( and compensation as hereinafter provided for. IV SCOPE OF WORI(: White Peterson shall perform Contract Legal Services and Additional Legal Services for the City of Meridian in accordance 'With the provisions of this agreement. v. APPOINTMENT OF CITY ATTORNEY: For purposes of the legal requirements of I.C. ~ 50-204, Meridian appoints the Directors and lavvyer associates employed by White Peterson as City attorney. VI. COMPENSATION: 1. For Contract Legal Services Meridian shall pay White Peterson the sum of Thirty Nine Thousand and No/IOO Dollars ($39,000.00) per month; and 2. For Additional Legal Services Meridian shall pay White Peterson the sum of One Hundred and No/IOO Dollars per hour for judicial review matters and for other Additional Legal Services based upon agreement between Meridian and White Peterson as authorized by the"'Mayor and City Council as a reasonable fee for the type of legal service required. VII COSTS: recording fees, exhibit costs and subpoena and 'Witness fees and travel costs 'Will be billed separately as incurred by White Peterson as authorized by Meridian. VIII RE-NEGOTIATION OR TERMINATION: 1. At the time of the preparation of the budget in accordance vvith the AGREEMENT.. 3 ( procedures of Meridian, White Peterson shall submit its proposal for the scope of work and cOlnpe11sation for the following fiscal year. Meridian and White Peterson shall negotiate in good faith the appropriate provisions for the scope of work and compensation in accordance with the budget process. 2. This agreement may be terminated upon lTIutUal agreement of the parties, or Meridian may terminate this agreelnent with 60 days notice by following the procedure for removal of appointive officer set forth in I.C. S 50-206 or White Peterson may terminate this agreement with 90 days notice. IX GENERAL PROVISIONS: 1. Alterations: No change, alteration, modification, or addition to this agreement shall be effective unless in writing and properly executed by the parties hereto. 2. Governing Law. This Agreement shall in all respects be subject to, and governed by, the laws of the State of Idaho. 3. Notices: All notices required to be given to each of the parties hereto under the terms of this Agreements 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 hereto at the following address: City of Meridian 33 E. Idaho Meridian ID 83642 White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P A. 200 E. Carlton Ave Meridian ID 83642 4. Headings. The Article and Section headings in this Agreement are inserted for convenience only and are not part of the Agreement. 5. Severability: In the event any section, paragraph, or portion of this agreement shall be or be deemed to be by any court having lawful AGREEMENT'- 4 ( jurisdiction of the subject matter of this agreement void, voidable, or invalid for any reason, this agreement shall be othervvise valid and e11forceable as if said void, voidable, or invalid section, paragraph.or portion of this agreement had not been a part hereof in the first instance. 6. Counterparts: This agreelnent shall be executed by the parties in two (2) counterparts, and each such counterpart shall be deemed an " 0 ri ginal " . IN WITNESS WHEREOF, the parties have executed this agreelnent the day and year first above written. CITY OF MERIDIAN By: I~ WHITE, PETERSON, MORROW, GIGAAY, ROSSMAN, NYE & ROSSMAN, P.A. By: msg/Z:\W ork\M\Meridian 15360M\Meridian Presentation\2000-0 1 RetainerAgrnt3 9I( AGREEMENT - 5 ~ oC)~ :ss C"J~ ~ ~ ~ o 0... ~ r.)LLlO ~ en r:: {.) I- W W J: zUJ <C~ - I Cz -C) 0:::- WUJ ~~C) LL.~ O~ ~~ -U U_ ...J .OJ ::> c.. ~ .~ '" ~h ~~ ...., o Wg: l- e:( C UJ ~ ~ <: C>~ ZQ: -Cl.. f-UJ W1C/) WW) ~...J Q Ci:5J OCl) ~O Q.. ~a.. o lU :c: o :r: Cl.- CI) Cf) lJJ ct o Q ~ ~ ~, ~ '~ ~~ ~ ~ ~ ,~ ~ "- lit,. '?J~ ,~~ * ~') \) 9.. ~ V} \S 'G '........ ~ , - ............ ~ .l .~ s:. ~ ~ .~ !'r1 0 . ~ ~ , \ t j- ~ ~ ~ IV) ~ , \) ( ~ aJ <() -L ~ ~ VJ C ~ ~ ? ~ ~ ~ f Lt \~ ~ ~ '<. ~ ~ f'"'i ~ \'t "- ~ '~ V\ (ij r--x -, J ~ \'6 f\) ~ u -{! ~ '- --- ~ ~ \0 ~ 1)0 00 .~ ........ ....... J .~ o ( ~ ()o '- ~ o ) ~ ~ ~I ~ ':=1 ~ I I ! I ~ ~ ~.~ ~ ~I ,+- c--~ ~ ! t, "-.) .~ i Ci , VJ'~ 1 ~ ~ ~I:~ I ~I ~ ~ 'J ~ I ~ ~~J \L ...../ · ~ I \J\ .<-1 ~ ~I .~I ~4 l/j ~I ~I J-- j ~-~ -.( I . I I ' . I ," r , I! 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